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02/03/2020-CC-Agenda Packet-RegularBANGER *TEXAS AGENDA CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 3, 2020 7:00 PM 502 ELM STREET SANGER, TEXAS 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. CITIZEN INPUT: (Citizens are alloived 3 minutes to speak. The City Council is unable to respond or discuss any issues brought up during this section) 3. CONSENT AGENDA: a. Approval of Minutes City Council Work Session Meeting Minutes 01-21-2020 Approval of City Council Work Session Meeting Minutes for Tuesday, January 21, 2020. 2. City Council Regular Meeting Minutes 01-21-2020 Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020. b. Interlocal Cooperation Contract - Texas Department of Public Safety Approve Interlocal Cooperation Contract for the Failure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Court of the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas Transportation Code; and, Authorize Mayor to Execute Contract. 4. Consider Any Items Removed from Consent Agenda. REGULAR AGENDA S. Comprehensive Plan Consider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Plan for the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a Possible Contract with Norris Design for Comprehensive Planning Services. 6. RFQ for Professional Services for Full -Service Water Storage Maintenance and Asset Management Plan Consider, Discuss, and Possibly Act on Selecting Maguire Iron, Inc. to Provide Professional Services for Full -Service Water Storage Facilities Maintenance Plan for the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a Possible Contract. 7. 201 N Stemmons Street - SUP Page 1 Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 01-02-20 Regarding a Specific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B-2 (Business District - 2), and Generally Located West of I-35 and Approximately 200 Feet South of the Intersection of West Bolivar Street and 1-35 Service Road. 8. Heaths Hollow Addition - Minor Plat Consider, Discuss and Act on the Minor Plat of Lot 1, Block A of Heaths Hollow Addition, Being 1.967 Acres, in the City of Sanger, and Generally Located Approximately 300 Feet North of the Intersection of Duck Creels Road and I-35 Service Road. 9. Sportsman 2 - Final Plat Consider, Discuss and Act on the Final Plat of Lot 1, Block A, of Sportsman 2 Gas Station and Convenience Store Addition, Being 4.108 Acres, and Generally Located South East of the Intersection of Lois Road East and I-35 Service Road. . 10. Ordinance # 02-06-20 - Amending Fee Schedule- Building and Construction Fees Consider, Discuss and Possibly Act on Ordinance # 02-06-20 Amending Appendix A "Fee Schedule" of the Code of Ordinances, Article 2.000 "Building and Construction Fees" Sec. 2.300 "Single Trade Permit Fees". 11. Bureau Veritas Fire Services Contract Consider, Discuss and Act on an Amendment to the Standard Professional Services Agreement Between Bureau Veritas North American and the City of Sanger by Adding Additional Scope of Services and Fee Schedule; and Authorize the Mayor to Execute Said Amendment. 12. Ordinance #02-04-20 - Ordering and Providing Notice of General Election For Mayor and Two City Council Members - Places 2 and 4; Approval of Joint Election Agreement.with Denton County. Consider, Discuss and Possibly Act on Ordinance #02-04-20 - Ordering and Providing Notice of General Election for the Purpose of Electing Mayor, City Council Member Place 2, and City Council Member Place 4; Authorizing the Mayor to Sign the Ordinance; and, Providing for an Effective Date; Approving and Authorizing the Mayor and Council Members to Sign the Order of Election for the City of Sanger's May 2, 2020 General Election; and, Approve and Authorize the Mayor to Sign the Joint Election Agreement and Contract with Denton County Election Services for the May 2, 2020 General Election. 13. INFORMATION ITEMS: a. All American Dogs Report 12-2019 All American Dogs Report for December 2019. 14. FUTURE AGENDA ITEMS: (The purpose of this item is to allow the Mayor and members of Council to bring forward items they wish to discuss at a future meeting, A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Council or at the call of the Mayot). 15. ADJOURN. Page 2 I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the City Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times. Said notice was posted on the following date and time, and remained posted continuously for at least 72 hours prior to the scheduled time of said meeting and shall remain posted until meeting is adjourned. y OF SgNc, Januaiy 31, 2020 at 1:00 p.m. Cheryl Price City Secretary %, Date/Time Posted City of Sanger, Texas This facility is wheelchair accessible and accessible parking spaces are available. Requests for additional accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretaiy's office at (940) 458-7930 for further information. Page 3 SANGER ( *TEXAS CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. a.l. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEM/CAPTION: City Council Work Session Meeting Minutes 01-21-2020 Approval of City Council Work Session Meeting Minutes for Tuesday, January 21, 2020. AGENDA TYPE: Consent Agenda ACTION REQUESTED: Approval BACKGROUND: Attached for approval are the January 21, 2020 Work Session Meeting Minutes for approval. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A ATTACHMENTS: Description Upload Date City Council Work Session Minutes 01-21-2020 1/29/2020 Type Cover Memo Page 4 CITY OF SANGER, TEXAS MINUTES: WORK SESSION CITY COUNCIL MEETING Tuesday, January 21, 2020 - 6:00 PM 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir; Mayor Pro Tem Bilyeu; Councilmember Marissa Barrett; Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chicle. COUNCIL MEMBERS ABSENT: None. STAFF MEMBERS PRESENT: City Manager Alina Ciocan; Finance Director Clayton Gray; City Secretary Cheryl Price. 1. Call Meeting to Order There being a full quorum present at the January 21, 2020 Work Session, the meeting was called to order by Mayor Muir at 6:02 p.m. 2. Presentation from Auditors Overview of the Annual Financial Report and Related Audit by Brooks Watson & Co. for the Fiscal Year Ending September 30, 2019. Clayton Gray was recognized and provided a brief introduction. He noted that under- the Texas Local Government Code and City Charter the City must have an audit of it's financial statements each year. This audit was performed by Brooks Watson & Company. The annual audit was conducted in accordance with governmental accounting standards and fulfills the requirements set in State law. The audit resulted in an unmodified ("clean") opinion, which is the best rating a City can receive and what we want to see, indicating that the financial statements are presented fairly, in all material aspects, in accordance with generally accepted financial principals. He noted that the Contract is expiring and staff will be going out for bid for these services next year. Jon Watson, Brooks Watson & Company was recognized and presented a power point presentation providing a detailed summary of the audit for the Fiscal year ending September 30, 2019. He provided an overview of the Audit Process and provided a summary of the various components of the annual financial report. There were several questions brought up during the presentation regarding the Texas Municipal Retirement System (TMRS) which is the employee retirement fund. He also summarized the two standard audit letters which were included in the Audit packet. The first letter summarized their responsibility and noted that if any fraud was identified it would be in the letter. They did not identify any fraud, and there was nothing of concern like that identified. He stated that if there was anything, it would be noted in this letter. He noted that there were under ten audit adjustments. The second letter surnrnarized internal controls, and a few material weaknesses, and deficiencies. There was a brief discussion and question period. Page $ Again, it was discussed that the City did receive an unmodified opinion, which is the best opinion which the City could receive in an audit. In conclusion, he noted that the City is doing well with its financials, and noted that all of the staff was very open and quick to provide any of the information they requested during the audit process. 3. Overview of Items on the Regular Agenda There was no overview of items on the agenda. 4. Adjourn There being no firther discussion, Mayor Muir adjourned the meeting at 6:55 p.m. Page 8 BANGER *TEXAS CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. a.2. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEM/CAPTION: City Council Regular Meeting Minutes 01-21-2020 Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020. AGENDA TYPE: Consent Agenda ACTION REQUESTED: Approval BACKGROUND: Attached for your approval are the Regular City Council Meeting Minutes for Tuesday, January 21, 2020. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A ATTACHMENTS: Description City Council Regular Meeting Minutes 01-21-20 Upload Date Type 1 /29/2020 Cover Memo Page 7 CITY OF SANGER, TEXAS MINUTES: REGULAR CITY COUNCIL MEETING Tuesday, January 21, 2020 - 7:00 PM 502 Elm Street, Sanger, Texas RE -POSTED 01-18-2020 AT 9:30 AM -AGENDA ITEM 5-FORMAT-NO INFORMATION CHANGES Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett; Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chicle. COUNCIL MEMBERS ABSENT: None. STAFF MEMBERS PRESENT: City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director, Clayton Gray; Director of Public Works, Jim Berman; Police Officer Josh Bishop. 1. Call Meeting to Order, Invocation, Pledge of Allegiance. There being a full quorum present at the January 21, 2020 Regular City Council Meeting, the meeting was called to order by Mayor Muir at 7:03 p.m. The invocation was given by Councilmember Dillon and the Pledge of Allegiance was led by Mayor Pro Tem Bilyeu. 2. CITIZEN INPUT: Michael Lovett, 39 Heron Drive, Sanger, Texas was recognized. Mr. Lovett noted concerns regarding a speeding problem with people cutting through the Sable Creels Subdivision and his concerns for the safety of the children. It was noted the speed limit is currently 25 MPH. He provided the following options: 1) lowering the speed limit from 25 MPH to 20 MPH or 15 MPH; 2) Addition of Stop Sign signs in a few key areas - he provided a map of suggested locations for the Stop Signs; 3) Addition of more signs: "Speed Limit" signs (he noted there is only one at the entrance and at the back entrance of the subdivision) and, "Slow Children at Play" signs; and, 4) Increased Law Enforcement of the speed limit and stop sign running. He also noted that Kramer and South Highland had a speeding problem, and he did not note it on his map. Mr. Lovett also noted another concern for children's safety is that people are constantly running the bus stop sign when the bus stops at the corner of Pleasant Valley and Kramer. Enforcement of the law is needed. Mr. Lovett noted that he has also provided this information to the Chief of Police. Mayor Muir noted that since it is not an agenda item, that the Council can not discuss the item. However, because he has come before the Council and made an awareness of the situation, staff is under advisement. Mr. Lovett noted that he provided his contact information, and would be willing to assist with anything they can do on their end. Laura Smith, 37 South Highland Drive was recognized. She noted her concerns regarding Code Enforcement in the City. It was noted by staff that the City has a Code Enforcement Officer position posted and this person will be a dedicated officer managed through Development Services. Her Page $ second concern was the train horns and if there was some way a study could be done for quiet zones for the train activity. It seems to have increased quite a bit through the years. She requested if the City could do some research to look into obtaining a quiet zone. 3. CONSENT AGENDA: a. Approval of Minutes City Council Regular Meeting Minutes 01-06-2020 Approve Minutes of the January 6, 2020 Regular City Council Meeting. A motion was made by Mayor Pro Tern Bilyeu to approve the Consent Agenda as presented. The motion was seconded by Council Member Barrett. The motion to approve carried unanimously 5-0 vote). 4. Consider Any Items Removed from Consent Agenda. There were no items removed from the Consent Agenda. REGULAR AGENDA 5. Fiscal Year Annual Financial Report And Related Audit - Period Ending 09-30-2019 Consider Acknowledgement and Acceptance of the Annual Financial Report and Related Audit by Brooks Watson & Co. for the Fiscal Year Ending September 30, 2019 Mayor Muir advised the audience that the City Council spent the last hour in Work Session going over the information on the Audit. He questioned Council Members if they had any discussion or comments, or would like to ask any questions which they may have thought of on the audit. There were no questions posed. A motion was made by Council Member Dillon to Acknowledge and Accept the Annual Financial Report and Related Audit by Brooks Watson & Company for the Fiscal Year Ending September 30, 2019. Discussion was called. Mayor Pro Tern Bilyeu noted for those that were not present at the Work Session that the City received an "Unmodified Opinion" which is the highest opinion that can be given in an audit. He thanked the City Manager, Finance Director and Staff for a good job. The motion was seconded by Mayor Pro Tern Bilyeu. The motion carried unanimously (5-0 vote). 6. Ordinance #01-03-20 - Budget Amendment FY 2019-2020 Consider, Discuss and Act on Ordinance #01-03-20 —Amending Ordinance #09-25-19, Which Will Amend the Budget For The Fiscal Year 2019-2020 And Authorizing Amended Expenditures as Provided. Director of Finance Clayton Gray was recognized and presented a summary. He advised that this amendment was for two items. The first amendment is for the Capital Projects Fund for $423,682.40. He noted that a few weeks ago Director of Public Works Jim Berman did a presentation to the City Council on some projects which could be done with funding. This is for one of those projects - the street rehab for 2020 for $781,318.40 along with the Concrete Curb and Gutter Repairs for $56,364.00 for project total of $837,682.40. Less the amount that is included in Page 2 the 2019-2020 Budget ($414,000.00), would be a project cost increase of $423,682.40 for the 2019-2020 budget. If approved the amended 2019-2020 Annual Budget would be amended to approve the additional $423,682,40 and this amount would be transferred from the Enterprise Capital Projects Fund to the Capital Projects Fund. The second amendment is for computer network upgrades. In light of recent cyber attacks on governmental agencies, Austin Lane has reviewed the City's network and recommended upgrades to network security hardware. Also, over the past year the network connection between City Hall and the City offices at 201 Bolivar Street have been plagued with problems. The main issue is that the connection between the two buildings is dropped intermittently, which leaves employees unable to perform key duties. Austin Lane has recommended replacing the equipment at 201 Bolivar to connect the City Hall network. The Security Hardware Upgrades would be $13,728; the Building Connectivity would be $5,043; the Configuration Services would be $6,000 for a total of $24,771. The budget should be amended to approve the additional $24,771. The Capital Projects Fund budget should be amended to include these Expenditures for the Computer Network Upgrades. A motion was made by Mayor Pro Tem Bilyeu to Approve Ordinance #01-03-20 Amending Ordinance #09-25-19 which will amend the Budget for the Fiscal Year 2019-2020 and authorize amended expenditures as provided. The motion was seconded by Council Member Barrett. The motion carried unanimously (5-0 vote). 7. Street Rehab 2020 Consider, Discuss and Possibly Act on Authorization to Utilize the Interlocal Purchasing Agreement With the City of Grand Prairie for Contract Services with Reynolds Asphalt & Construction Company for Street Reconstruction of Church Street from loth Street to I-35 Service Road, Bolivar Street from I-35 Service Road to 5th Street as well as the Roads Listed on the 2020 Street Rehabilitation Plan: 8th Street from Plum Street to 5th Street, Elm Street. from 9th Street, to 5th Street, Pecan Street from 9th Street to 7th Street, 7th Street from Peach Street to 5th Street, 7th Street from Bolivar Street. to Elm Street, 6th Street from Peach Street. to 5th Street, Plum Street from loth Street to 5th Street, at an Amount not to Exceed $ 781,318.40. Director of Public Works Jim Berman was recognized to summarize. He noted, as was previously discussed in the budget amendment, that during the December 16, 2019 City Council Work Session staff presented to Council a list of potential projects that could be funded with remaining funds fiom the 2017 CO issue. The 2020 Street Rehabilitation Plan was discussed. The only addition to the 2020 plan was adding Bolivar Street and the Church Street Projects for 2020. This project if approved would be utilizing the Interlocal Purchasing Agreement with the City of Grand Prairie for Contract Services with Reynolds Asphalt & Construction Company. The project cost is $781,318.40. Mayor Pro Tem Bilyeu requested project updates as the project progresses. A motion was made by Mayor Pro Tem Bilyeu to authorize utilizing the Interlocal Purchasing Agreement With the City of Grand Prairie for Contract Services with Reynolds Asphalt & Construction Company for street reconstruction of Church Street from loth Street to I-35 Service Road, Bolivar Street fiom I-35 Service Road to 5th Street as well as the Roads Listed on the 2020 Street Rehabilitation Plan: 8th Street from Plum Street to 5th Street, Elm Street. fiom 9th Street. to 5th Street, Pecan Street from 9th Street to 7th Street, 7th Street from Peach Street to 5th Street, 7th Street from Bolivar Street. to Elm Street, 6th Street from Peach Street. to 5th Street, Plum Page 30 Street from loth Street to 5th Street, at an amount not to exceed $ 781,318.40. The motion was seconded by Council Member Clark. The motion carried unanimously (5-0 vote). 8. Concrete Curb and Gutter Repairs Consider, Discuss and Possibly Act on Concrete Curb and Gutter Repair Work along 7th Street, 6th Street, 5th Street at Peach Street, and loth Street at Bolivar Street In the Amount of $56,364. Public Works Director Jun Berman summarized. He noted that on the streets mentioned, the curbs have rolled and they are going to go in and rip them out and replace them. He noted at l Oth Street and Bolivar there is a drainage issue of standing water that will be fixed with this concrete work. He advised, if approved, we would be using our contract with Martinez Brothers Concrete and Landscaping L.L.C. to do concrete curb and gutter repairs to 7th Street, 6th Street, 5th Street a Peach Street, and 1 Oth Street at Bolivar Street. This work needs to be completed before we start the rehab work on these streets. A motion was made by Mayor Pro Tem Bilyeu to approve the Concrete Curb and Gutter Repair Work along 7th Street, 6th Street, 5th Street at Peach Street, and loth Street at Bolivar Street in the amount of $56,364. The motion was seconded by Council Member Barrett. The motion carried unanimously (5-0 vote). 9. INFORMATION ITEMS: a. Disbursements - 12-2019 Disbursements - December 2019 b. All American Dogs Report - December-2019 All American Dogs December 2019 Report Update. Mayor Muir noted that the attachment was not included in the packets showing the All American Dogs report. City Secretary Cheryl Price noted that it would be included on the next agenda,. C. Library Grant Sanger Newspaper Digitization Grant 10. FUTURE AGENDA ITEMS: No future agenda items discussed. 11. ADJOURN. There being no further agenda items for discussion, Mayor Muir adjourned the Regular City Council Meeting at 7:33 p.m. Page 41 SANGER CITY COUNCIL AGENDA MEMO *TEXAS AGENDA ITEM NO. b. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: Christy Dyer, Municipal Court Clerk ITEM/CAPTION: Interlocal Cooperation Contract - Texas Department of Public Safety Approve Interlocal Cooperation Contract for the Failure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Court of the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas Transportation Code; and, Authorize Mayor to Execute Contract. AGENDA TYPE: Work Session, Consent Agenda ACTION REQUESTED: Approval, Contract/Agreement BACKGROUND: This is the same Interlocal Cooperation Contract which the Council Approved at the Council Meeting on September 16, 2019. The Texas Department of Public Safety made an error in the agreement. The statutory amount that the Court must collect was corrected to require a $10.00 reimbursement fee, the previously approved contract noted a $30.00 reimbursement fee which was an incorrect amount. This was the only correction made in the contract. The purpose of this contract is to implement the provision of Texas Transportation Code, Chapter 706. The City of Sanger is contracting with Texas Department of Transportation (TXDPS) to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgement ordering payment of a fine and cost in the matter involving any offense that a court has jurisdiction of under Chapter 4, Texas Code of Criminal Procedure. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A Page 12 FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends Approval ATTACHMENTS: Description Upload Date Type TDPS Letter 1/28/2020 Cover .Memo TDPS Contract Revised 01-2020 1/28/2020 Cover Memo Page 13 & n x Ar A 8 STEVEN C. M°CRAW DIRECTOR SKYLOR HEARN FREEMAN F. MARTIN RANDALL B. PRINCE DEPUTY DIRECTORS TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD • BOX 4087 v AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov 4r, M6, X Dear Court Administrator: January 10, 2020 COMMISSION STEVEN P. MACH, CHAIRMAN A. CYNTHIA LEON Enclosed please find the revised contract offered by the Texas Department of Public Safety to accommodate Chapter 706 of the Texas Transportation Code. Please complete all of the appropriate entries on the contract and arrange for the approval and signature of the presiding official authorized to sign contractual documents in your jurisdiction (mayor, city manager, county judge, etc.). Only one (1) original signed contract should be submitted for each political subdivision; if you require a final copy for the court, please indicate so when you return the document. Signed contracts should be returned to: Texas Department of Public Safety Attn: Enforcement and Compliance Service 5805 North Lamar Blvd. Austin, Texas 78752-0001 After the contract has been returned to the Department it will be processed for the appropriate signatures. Any questions regarding the contract should be forwarded to Enforcement and Compliance Service; Tijuana Pendergrass at (512) 424-5431. Sincerely yours, Frances Gomez, Manager Enforcement and Compliance Service EQUAL OPPORTUNITY EMPLOYER COURTESY • SERVICE • PROTECTION Page 14 DPS H DLD20180628 (Revised 01/2020) Interlocal Cooperation Contract Failure to Appear (FTA) Program State of Texas,� County of Ve�1�bh PARTIES AND AUTHORITY This Interlocal Cooperation Contract (Contract) is entered into between the Department of Public Safety of the State of Texas (DPS), an agency of the State of Texas and the � by jlnl Court of the (City or County] of Dev4vn (Court), a political su division of the State of Texas, referred to collectively in this Contract as the Parties, under the authority granted in Tex. Transp. Code Chapter 706 and Tex. Gov't Code Chapter 791(the Interlocal Cooperation Act). II. BACKGROUND As permitted under Tex. Transp. Code § 706,008, DPS contracts with a private vendor (Vendor) to provide and establish,an automated FTA system that accurately stores information regarding violators subject to the provisions of Tex. Transp. Code Chapter 706. DPS uses the FTA system to properly deny renewal of a driver license to a person who is the subject of an FTA system entry. This Contract applies to each FTA Report submitted by the Court to DPS or its Vendor and accepted by DPS or its Vendor. Court will supply information to DPS, through its Vendor, that is necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the Court in a matter involving any offense that Court has jurisdiction of under Tex. Code Crim. Proc. Chapter 4. IV. PERIOD OF PERFORMANCE This Contract will be effective on the date of execution and will automatically renew on the anniversary date of execution for up to three additional years unless terminated earlier. V. COURT RESPONSIBILITIES A. Written warnings A peace officer authorized to issue citations within the jurisdiction of the Court must issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning must be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the Court, the person may be denied Page 1 of 5 Page 15 DPS # DLD20180628 (Revised 01/2020) renewal of the person's driver license. The written warning may be printed on the citation or on a separate instrument. B. FTA Report An FTA Report is a notice sent by Court requesting a person be denied renewal in accordance with this Contract. The Court may submit an FTA Report to Vendor if a person fails to appear or fails to pay or satisfy a judgment as required by law. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The Court must make reasonable efforts to ensure that all FTA Reports are accurate, complete, and non -duplicative. The FTA Report must include the following information: 1. the jurisdiction in which the alleged offense occurred; 2. the name of the court submitting the report; 3. the name, date of birth, and Texas driver license number of the person who failed to appear or failed to pay or satisfy a judgment; 4. the date of the alleged violation; 5. a brief description of the alleged violation; 6. a statement that the person failed to appear or failed to pay or satisfy a judgment as required by law; 7. the date that the person failed to appear or failed to pay or satisfy a judgment; and 8. any other information required by DPS. C. Clearance Reports The Court that files the FTA Report has a continuing obligation to review the FTA Report and promptly submit appropriate additional information or reports to the Vendor. The clearance report must identify the person, state whether or not a fee was required, and advise DPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted immediately, but no later than two business days, from the time and date that the Court receives appropriate payment or other information that satisfies the person's obligation to that Court. To the extent that a Court uses the FTA system by submitting an FTA Report, the Court must collect the statutorily required $10.00 reimbursement fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the Court will not require payment of the reimbursement fee. Court must submit a clearance report for the following circumstances: 1. the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose; 2. the dismissal of the charge for which the warrant of arrest was issued or judgment arose; 3. the posting of a bond or the giving of other security to reinstate the charge for which the warrant was issued; 4. the payment or discharge of the fine and cost owed on an outstanding judgment of the Court; or Page 2 of 5 Page 16 DPS # DLD20180628 (Revised 01/2020) 5. other suitable arrangement to pay the fine and cost within the Court's discretion. DPS will not continue to deny renewal of the person's driver license after receiving notice from the Court that the FTA Report was submitted in error or has been destroyed in accordance with the Court's record retention policy. D. Quarterly Reports and Audits Court must submit quarterly reports to DPS in a format established by DPS. Court is subject to audit and inspection at any time during normal business hours and at a mutually agreed upon location by the state auditor, DPS, and any other department or agency, responsible for determining that the Parties have complied with the applicable laws. Court must provide all reasonable facilities and assistance for the safe and convenient performance of any audit or inspection. Court must correct any non -conforming transactions performed by the Court, at its own cost, until acceptable to DPS. Court must keep all records and documents regarding this Contract for the term of this Contract and for seven years after the termination of this Contract. E. Accounting Procedures Court must keep separate, accurate, and complete records of the funds collected and disbursed and must deposit the funds in the appropriate municipal or county treasury. Court may deposit such fees in an interest -bearing account and retain the interest earned on such accounts for the Court. Court will allocate $6.00 of each $10.00 reimbursement fee received for payment to the Vendor and $4.00 for credit to the general fund of the municipal or county treasury. F. Non -Waiver of Fees Court will not waive the $10.00 reimbursement fee for any person that has been submitted on an FTA Report, unless the person is deemed to be indigent, or the person is acquitted of the charges for which the person failed to appear. Failure to comply with this section will result in: (I) termination of this Contract for cause; and (11) the removal of all outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied driver license renewal status from DPS. Page 3 of 5 Page 17 DPS # DLD20180628 (Revised 01/2020) G. Litigation Notice The Court must make a good -faith attempt to immediately notify DPS in the event that the Court becomes aware of litigation in which this Contract or Tex. Transp. Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision. V1, PAYMENTS TO VENDOR Court must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the Court has subsequently collected the statutorily required $10.00 reimbursement fee. In the event that the person has been acquitted of the underlying charge or is indigent, no payment will be made to the Vendor or required of the Court. Court agrees that payment will be made to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the Court. DPS will not pay Vendor for any fees collected by Court. VII. GENERAL TERMS AND CONDITIONS A. Compliance with Law. The Court understands and agrees that it will comply with all local, state, and federal laws in the performance of this Contract, including administrative rules adopted by DPS. B. Contract Amendment. DPS and Court may amend this Contract through a written amendment signed by an authorized signatory on behalf of the respective party. C. Notice. The respective party will send the other party notice as noted in this section. IjL IUIYUWIiI:'JaICL ............. Attn.: Enforcement & Compliance Service 5805 North Lamar Blvd. Address: Austin, Texas 78752-0001 Address: (512) 424-5311 [fax] Fax: Driver Improvement@dps.texas.Rov Email: (512) 424-7172 Phone: D. Termination. Either party may terminate this Contract with 30 days' written notice. DPS may also terminate this Contract for cause if Court doesn't comply with Section V.F., Non - Waiver of Fees. After termination, the Court has a continuing obligation to report dispositions and collect fees for all violators in the FTA system at the time of termination. Failure to comply with the continuing obligation to report will result in the removal of all Page 4 of 5 Page 18 DPS # DLD20180628 (Revised 01/2020) outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied driver license renewal status from DPS. Vill. CERTIFICATIONS The Parties certify that (1) the Contract is authorized by the governing body of each party; (2) the purpose, terms, rights, and duties of the Parties are stated within the Contract; and (3) each party will make payments for the performance of governmental functions or services from current revenues available to the paying party. The undersigned signatories have full authority to enter into this Contract on behalf of the respective Parties. Court* Authorized Signature Title Date Department of Public Safety Driver License Division Chief or Designee Date *An additional page may be attached if more than one signature is required to execute this Contract on behalf of the Court. Each signature block must contain the person's title and date. Page 5 of 5 Page 19 SANGER CITY COUNCIL AGENDA MEMO * T E X A S AGENDA ITEM NO.5. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: Comprehensive Plan Consider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Plan for the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a Possible Contract with Norris Design for Comprehensive Planning Services. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The City of Sanger issued an RFQ for Comprehensive Planning Services. We received 10 responses to the RFQ. Staff scored all responses and ranked them based on score. Staff interviewed the firms with the top three scores. Norris Design was ranked number one by the Comprehensive Plan Committee and was moved forward to the contract negotiation phase. If this item receives approval staff will follow with final contract approval at the March City Council Meeting. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends APPROVAL on the selection and contract negotiation with Norris Design. Page 20 ATTACHMENTS: Description Staff Report Request for Qualification for a Comprehensive Plan Comprehensive Plau RFQ Evaluation Form Upload Date Type 1/29/2020 Cover Memo 1/29/2020 Cover Memo 1/29/2020 Cover Memo Page 21 SANGER CITY COUNCIL STAFF REPORT �kTEXAS Meeting Date: February 3, 2020 Case Coordinator: Ramie Hammonds, Development Service Director Request: Consider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Plan for the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a Possible Contract with Norris Design for Comprehensive Planning Services. Case Overview The City of Sanger issued an RFQ for Comprehensive Planning Services. We received 10 responses to the RFQ. Staff scored all responses and ranked them based on score. Staff interviewed the firms with the top three scores. Norris Design was ranked number one by the Comprehensive Plan Committee and was moved forward to the contract negotiation phase. If this item receives approval staff will follow with final contract approval at the March City Council Meeting. Staff Recommendation Staff recommends APPROVAL on the selection and contract negotiation with Norris Design. Future Actions If this item receives approval staff will follow with final contract approval at the March 2nd City Council Meeting. Attachments • Staff Report • Request for Qualification for Comprehensive Planning Services • Comprehensive Plan RFQ Evaluation Form Page 22 ADDENDUM TO REQUEST FOR QUALIFICATIONS FOR COMPREHENSIVE PLAN SERVICES BANGER 'TEXAS City of Sanger, Texas Department of Development Services 201 Bolivar Street, Sanger, Texas 76266 Page 23 BANGER *TEXAS DEVELOPMENT SERVICES ADDENDUM TO REQUEST FOR QUALIFICATIONS FOR COMPREHENSIVE PLAN SERVICES Date: 11/12/2019 Addendum No. 1: To original document titled "Request for Qualifications for Comprehensive Plans Services" covering clarifications and/or modification INTENT: This addendum is issued to clarify and/or modify the above referenced Request for Qualifications (RFQ), or provide additional information intended for clarification and/or modification of: 1. Modification and clarification of submittal date and time; 2. Modifications and clarification of "Schedule and Process"; 3. Removal of Fee Schedule from "Submittal Requirements". 4. Exclusion of title sheet from 20 page count. Where provisions of the following information differ from those of the original document stated above, this addendum shall govern and take precedence. Acknowledgement of this addendum shall be made in the Cover Letter (See RFQ page 5 — Submittal Requirements). Failure to acknowledge all addenda to the subject RFQ may result in the Offeror's submittal as non -responsive. PURPOSE: 1. Following concerns about the submittal date being on a Saturday after the Thanksgiving Holiday, and asking for clarification on submittal time, the City has decided to modify the submittal date and time from 3:00 PM on November 30, 2019 to 12:00 PM on December 2, 2019. These modifications are on page 1 and page 4 of the original document. 2. In order to give adequate time to City Council for contract negotiation and to avoid scheduling of a special City Council meeting for contract award, the City has decided to modify that duration of contract negotiations and date of contract award by City Council while also modifying the project start date. These modification are on page 4 of the original document. 3. Following concerns that City's request for a fee schedule is not in compliance with the Texas Government Code Section 2254, the City has decided to remove the Fee Schedule requirement from "Submittal Requirements" on page 6 of the original document. With this modification being effective, no fee schedule is required as part of the RFQ response. 4. Following questions about title sheet being a non -technical sheet and being within the 20 page count, City has decided to exclude the title sheet from the 20 page count and specified its exclusion in the Submittal Requirements on page 6 of the original document. Below is the revised RFQ with all modifications and/or clarifications, showing sections needing modifications crossed out and corrected in red. 940.458.2059 1201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org 91 facebook.com/SangerTexas 0 @CityofSanger Page 1 of 7 Page 24 SANGER *TEXAS DEVELOPMENT SERVICES INTRODUCTION: The City of Sanger is requesting submission of qualifications from any and all parties wishing to be considered for consulting services related to updating City's Comprehensive Land Use Plan adopted in 2007 with subsequent updates. Qualified Planning Consultant teams are requested to submit qualifications for the project as described in this RFQ. The RFQ process may be expanded to a two-step RFQ/RFP process as shown in the RFQ schedule. Proposals will be accepted from individuals, firms, or groups of firms with the necessary expertise and experience. All correspondence and communication regarding this procurement should be directed to Muzaib Riaz, City Planner, at mriaz(&sangertexas.org. All questions concerning the RFQ must be emailed by 12:00 PM on November 15, 2019. All RFQ responses must be submitted by 12:00 PM on'`T^vo.v bet: 30, 2019 December 2, 2019. COMMUNITY BACKGROUND: The City of Sanger, Texas is located at the intersection of two major roads: Interstate Highway 35 going north/south, and FM 455 going east/west. City of Denton lies just a few miles south, and Lake Ray Roberts lies within a mile of the City on the east. The City was established in 1886 and soon became an important stop on the Santa Fe Railroad as a cattle town. It is a `home rule' City with a population of 8,800 according to NCTCOG January 2019 population estimates. Sanger is strategically located along Interstate 35 which is a major economic dynamic in international trade, as much of the north/south traffic bisecting the nation from Canada to Mexico runs through the City of Sanger. Its location is well placed to take advantage of the recreational opportunities of Lake Ray Roberts located within a mile on the east, and Texas Motor Speedway located 25 miles to the South. Some of the top institutes of higher education such as University of North Texas and Texas Woman's University located in the City of Denton are just minutes away. Being on the fringes of the Dallas -Fort -Worth Metroplex, Sanger offers the unique experience of small town living while being in close proximity to major urban centers. PROJECT DESCRIPTION: Since adoption of the Comprehensive Land Use Plan in 2007, the City has identified changes in its vision for land use and mobility in many parts of town. The City is also undergoing unprecedented growth and is anticipating this trend to continue in the coming years. To account for this growth trend and its implications to the City of Sanger, and to ensure all future growth meets City of Sanger's vision for land use and mobility, an update of the comprehensive plan is needed. The plan will span one calendar year. It should be developed through a robust citizen engagement process. The consultant should seek methods to engage public through various means of communication, including presentations, public hearings, focus groups, the internet, and/or workshops. The consultants responding to the RFQ should have expert knowledge of and experience with comprehensive planning for small towns and cities along major highway 940.458.2059 1201 Bolivar St. I PO Box 1729 1 Sanger,angTX 76226 1 www.sangertexas.org facebook.com/SangerTexas C3 @CityofSanger Page 2 of 7 Page 25 SANGER *TEXAS DEVELOPMENT SERVICES corridors. The new comprehensive plan should establish vision, goals, and objectives and should also include feasible implementation steps and strategies to achieve the City's vision. The plan should be in a format and language that is easily comprehendible and accessible to the public; it must include maps, illustrations, tables, and graphs. The plan should also identify opportunities and constraints having significant impact on short and long-term growth and economic development. CURRENT PLANS TO BE UTILIZED AS PART OF COMPREHENSIVE PLAN DEVELOPMENT: The following plan elements should serve as guide for plan's development. Additional components may be added during planning process. The consultant is welcome to suggest creative or innovative additions or modifications to these components. 1. City of Sanger Comprehensive Land Use Plan (2007) 2. City of Sanger Zoning Ordinance (1987) - with subsequent updates 3. City of Sanger Subdivision Ordinance (2008) - with subsequent updates 4. City of Sanger Water and Wastewater Master Plan (2010) — currently being updated 5. City of Sanger Roadway Impact Fee Study (2016) 6. Denton County Greenbelt Plan (2017) 7. Denton County Thoroughfare Plan (2019) 8. Lake Ray Roberts Ordinance (2009) 9. Lake Ray Roberts Zoning and Land Use Maps (2019) 10. NCTCOG Mobility 2045 (2018) 11. TXDOT I-35 and FM 455 Corridor Plans SCOPE OF WORK: The City desires an updated comprehensive plan that would include development of a new vision, with goals and actions to direct implementation encompassing a minimum of 20 years in the future. The Comprehensive Plan should result in a vision and policy framework that will position the city to better shape community character and will serve as the primary planning tool for the coming years. PLAN ELEMENTS: The plan should include the following items. The specific in each of the elements and their arrangements may be determined during the comprehensive plan development process. 1. Community Profile — inventory, review, and analysis of existing conditions, including city/area history, transportation and infrastructure, economic conditions, and demographics and socioeconomic conditions (current and forecasted) 2. Vision and Goals — a new vision, with goals for each element that will direct future actions; 940.458.2059 1201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org © er facebook.com/SangerTexas 0 @CityofSanger Page 3 of 7 Page 26 SANGER *TEXAS DEVELOPMENT SERVICES 3. Land Use — current and future land use identification; updating of the City's Future Land Use Plan; 4. Mobility Plan — update of City's existing Thoroughfare Plan with inclusion of pedestrian and bicycle transportation networks; 5. Parks Master Plan — update of the existing Park's Plan incorporating pedestrian and bicycle networks; 6. Downtown Strategic Plan — plan for revitalization of downtown core; 7. Implementation Strategies — specific steps and actions for achieving goals mentioned in the Comprehensive Plan; 8. Other Elements as recommended by the selected consultant, if needed. DELIVERABLES: The following items must be provided to the City at the end of the project: 1. Twenty-five (25) bound copies of the final document for distributing to the City Council, the Planning and Zoning Commission, and the City staff; 2. Digital copy of the final plan document; 3. 24" x 36" full -color copy of Future Land Use Plan; 4. 24" x 36" full -color copy of Mobility Plan; 5. 24" x 36" full -color copy of Parks Master Plan; 6. PDF copy of summary version of FLUP, MP, PMP, and DSP, showing the map/plan and including a summary of key elements of each plan; 7. All maps/plans must be reproducible in 8.5" x I I" and I I" x 17" formats; 8. Copies of any .mpk, .shp, .gdb, or other GIS files created for this project; 9. Any additional maps created for this project. All documents shall be provided in both hard and digital copy. Digital products shall be provided on USB drives in the following forms as appropriate. Electronic copies shall be formatted and indexed for easy download from a website. • Text: MS WORD and PDF (must be searchable and editable; table of contents and relevant sections must be linked within the document to make them more user friendly) • Spreadsheets: MS EXCEL • Database: MS Access • Mapping Products: ESRI ArcGIS software. Products and materials produced as part of the plan process, including but not limited to, GIS files, studies, drawings, etc. shall be the property of the City of Sanger. The selected consultant will be responsible for coordinating and facilitating all public and stakeholder meetings related to developing the plan. Consultant will present the final plan to all appropriate approval boards, but the City will be responsible for coordinating the meetings and 940.458.2059 1 201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org Iki facebook.com/SangerTexas @CityofSanger Page 4 of 7 Page 27 BANGER *TEXAS DEVELOPMENT SERVICES public hearings at which the plan will be presented to the approving bodies. City will provide meeting rooms and stakeholder contact information. SCHEDULE AND PROCESS: • October 24, 2019 — RFQ released • November 15, 2019 — Deadline to submit questions ,.T^.,a.,,r,o.• 10 December 2, 2019 —Deadline for submitting RFQ • DecembefT December 3 to December 15, 2019 — Staff review of RFQ submittals If RFQ Only: • December 18, 2019 to January 10, 2020 — Interviews with Selected firms • January 20, 2020 — Recommendation to City Council • January 21 to February 1 February 3, 2020 — Contract negotiations and contract award by City Council • FebFuat=y 3 February 4, 2020 — Project start date If RFQ and RFP: • December 20, 2019 — Request for Proposals will be sent to selected finalists • January 20, 2020 — Deadline to submit proposals • January 21 to February 7, 2020 — Interviews with selected firms • February 17, 2020 — Recommendation to City Council • February 18 to F March 2, 2020 — Contract negotiations and contract award by City Council • Mar -eh 2 March 3, 2020 — Project start date SUBMITTAL REQUIREMENTS The project is expected to start no later than lard March 3, 2020 and to conclude within 12 months from the project start date. All RFQ response must be submitted no later than 3:00 D Neve•„ber'n 12:00 PM on December 2, 2019. Responses received after the deadline will not be accepted. 10 copies of sealed responses should be hand -delivered or delivered via USPS, UPS, FedEx to 201 Bolivar Street, Sanger, TX 76266. All submittals should be addressed to: Muzaib Riaz City of Sanger, Development Services Comprehensive Plan RFQ Submittal — Do Not Open 201 Bolivar Street, Sanger, TX 76266 940.458.2059 1201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org facebook.com/SangerTexas 0 @CityofSanger Page 5 of 7 Page 28 BANGER *TEXAS DEVELOPMENT SERVICES RFQ Packet must include, but not limited to, information on the following evaluation criteria: 1. Title Sheet: The title sheet must provide name(s) of the team submitting with the name of the primary contact clearly identified. 2. Cover Letter: The cover letter must indicate the composition of the entire team including the Principal in Charge, Project Manager, and support team. 3. Table of Contents. 4. Qualifications of the Firm: Provide a brief description of the firm including the number of years it has been in existence, the range of professional services, office locations, and staff size. Describe any unique qualifications the firm has related to this project, especially relating to long range planning for cities similar to Sanger, TX. Provide any additional information that may be of benefit to the City. 5. Project Team Experience and Qualifications: Provide an organizational chart for the team that will perform the work, the individual qualifications and expertise of each member of the team, and the responsibilities to be fulfilled by each team member assigned to the project. Please include an estimated percentage of the total project that is to be completed by each individual team member. 6. Past and/or Current Projects: Provide a list of current and past projects, including the name, type of project, location, firm's role in the project, and status of the project. 7. Methodology and Approach: Describe the methodology, approach, and tasks the consultant has successfully used and anticipates using for completing this project within the expected timeline. Describe the role of City staff and officials, and members of the public throughout each phase of the process. A detailed description of the methodology is not required at this stage, but the city review staff should be able to get an understanding of how the consultant approaches this type of project. 8. Public engagement approach: list at least three innovative public engagement activities utilized in the past. 9. Project Schedule: Provide a conceptual timeline for completion of the project within the estimated project completion time of 12 months from the project start date. 10. References: Provide a minimum of three (3) references from municipalities for similar projects completed within the past five (5) years. Each reference must include the following information: a. Project name and description and a written description of why this example is relevant to this comprehensive planning project. b. Name, title and contact information of the primary contact. c. Date of project involvement. d. Probable cost and scope of the project. e. Specific Sei vices performed by the firm. f. A CD or USB drive with copies of the reference projects. 11. License(s): Evidence of professional licensing in Texas. 940.458.2059 1201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org facebook.com/SangerTexas M @CityofSanger Page 6 of 7 Page 29 SANGER *TEXAS DEVELOPMENT SERVICES 12. Draft Professional Service Agreement: Draft of typical professional service agreement (PSA) terms and conditions (exclusive of pricing) 13. Fee sehedule: Hourly rate and fee sehedules for- all pfejeet team staff who are pfoposed work on thispr-ejeet. Fee sehedules should- inelude unit rates far all expenses, „b ME �r;tnsa RFQ packet shall not exceed 20 pages. Title sheet, resumes of professionals, and draft PSA are excluded from the page count. CRITERIA FOR CONSIDERATION OF QUALIFICATIONS: 1. Technical understanding of comprehensive planning for a City like Sanger, Texas; 2. Experience and knowledge in developing similar plans by consultant personnel who will be directly involved with the project; 3. Ability to complete the plan within the given timeframe; 4. Ability to maintain communication on plan development; 5. Ability to involve partners and stakeholders in the planning process; 6. The ability of the firm to perform the proposed work; 7. References. CONDITIONS AND LIMITATIONS: The City of Sanger expects to select a consulting firm from the qualifications submitted, but reserves the right to request substitution of firms. The City also reserves the right to reject any or all responses to the RFQ (or RFP), to advertise for new responses, or to accept any responses deemed to be in the best interest of the City. A response to this RFQ (or RFP, if applicable) should not be construed as a contract or an indication of a commitment of any kind on the part of the City, nor does the City commit to pay for the costs incurred in the submission of a response to this request or for any costs incurred prior to the execution of a final contract. Upon selection, a Professional Services Contract shall be prepared, negotiated, and fully executed and a notice to proceed shall be issued before work is initiated. The City reserves the right to dismiss any part or all of the contracted team when, in the City's opinion, the project is not moving as scheduled or is hindered in any way by the actions of personalities of team members. End of Addendum No. 1 940.458.2059 1201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org facebook.com/SangerTexas Q @CityofSanger Page 7 of 7 Page 30 RK) RESPONSE EVALUATION FORM -)MPANY/FIRM NAME; SCORING CRITERIA Scores available from 0-5 for rating RFQ responses based on the information provided. 0 represents "Not Provided" 1 represents "Poor" 2 represents "Moderate" 3 represents "Good" 4 represents "Excellent' 5 represents "Exceotional" 1. Adherence to RFQ Instructions I Ramie I Shani Jennifer I Cara Muzaib BASIS FOR SCORE Arrived by deadline of 12:00 PM on December 2, 2019. Responses received Timeliness at or before noon on 12/2/2019 receives all 5 points. Completed sections in some order as mentioned in the "Submittal Completeness Requirements" in the RFQ receives all 5 points. Overall Quality & Level of Technically compliant and attractive receives all 5 points Professionalism Overall Response Overall quality very high receives all 5 points Cover letter with composition of the entire team as mentioned in RFQ, as Cover Letter well as acknowledgement of addendum No. 1 receives all 5 points Average 2. Company Information r Ramie r Shani •Dr Jennifer •Dr Cara •Dr Muzaib BASIS FOR SCORE Exceptional qualifications and expertise, number of years in existence and Qualifications of the Firm range of professional services provided receives all 5 points Explained org chart for the team, individual qualifications, certifications, Qualifications and Experience of Project experience and expertise, individual responsibilities and estimated Team Members percentage of project completed by each individual receives all 5 points Experience with Similar Municipalities for Proof of experience with similar sized municipalities, and experience in Comprehensive Planning Texas for comprehensive planning receives all 5 points name of project, type, location, firm's role in the project, and status of the Current and Past Projects project receives all 5 points Positive references from three municipalities within past 5 years with details "erences as mentioned in "Submittal Requirements" in RFQ provided receives all 5 points Evidence of company/firm license to conduct business in Texas receives all License to Conduct Business in Texas 5 points ore MWAverage Sc r r r r r r r . r 3. Project Understanding Ramie Shani Jennifer Cara Muzaib BASIS FOR SCORE RFQ Response shows understanding/comprehension of the project Overall Comprehension of Project including project description, scope, and plan elements receives all 5 points Conceptual timeline for completion of the project within 12 months from Conceptual Timeline the project start date provided receives all 5 points Description of the methodology, approach, and tasks consultant has used Methodology and Approach In the past and anticipates using for completion of this project along with description of role of City staff and officials receives all 5 points Description of at least 3 innovative public engagement activities utilized in Public Engagement Approach IL r r Ramie Shani r Jennifer r Cara r Muzaib the past BASIS FOR SCORE 5. Criteria for Evaluation Technical understanding of A good technical understanding of comprehensive planning in Texas Comprehensive Planning in Texas sepcificaliy for Small Towns receives all 5 points Project team members knowledge in Experience and knowledge in developing comprehensive plans by Comprehensive Planning individuals directly involved in the project receives all 5 points Ability to complete plan within the Demonstrated ability to complete City of Sanger Comprehensive Plan timeline within the given timeframe receives all 5 points Ability to involve partners and Demonstrated ability to involve partners and stakeholders in the planning stakeholders in the planning process process receives all 5 points Ability to maintain communication on Demonstrated ability to maintain communication with the City staff and plan development public officials on plan development receives all 5 points 11ty of the firm to perform the Demonstrated ability to perform the proposed work receives all 5 points oposed work Average Score •. r •� r •. C r •. r _PI Page 31 SANGER CITY COUNCIL AGENDA MEMO *TEXAS AGENDA ITEM NO.6. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: James Berman, Public Works Director ITEMICAPTION: RFQ for Professional Services for Full -Service Water Storage Maintenance and Asset Management Plan Consider, Discuss, and Possibly Act on Selecting Maguire Iron, Inc. to Provide Professional Services for Full -Service Water Storage Facilities Maintenance Plan for the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a Possible Contract. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The City of Sanger advertised a Request for Proposal for Professional Services for Full -Service water storage and asset management. The request was advertised in the Denton Record Chronicle on January 9, 2020 and again January 16, 2020. City staff had four companies request a copy of the RFQ with only one company returning the request on January 23, 2020. After scoring, and reference checks it was determined that Maguire Iron, Inc. was the most qualified to provide the services requested. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: FUNDS: STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends selecting Maguire Iron, Inc. to provide Professional Services for Full -Service Water Storage Facilities Maintenance Plan. Page 32 ATTACHMENTS: Description RFQ Scoring Returned RFQ Maguire Iron, Inc Upload Date Type 1 /28/2020 Exhibit 1/29/2020 Exhibit Page 33 Respondent: MagLAre Iron, Inc Part 1A - General Qualifications - 35% of Total Evaluation .Wqig atisfactio Weighted Desch lon,of. ria . ....... . Score 5 Company Profile and General Qualifications 1. Number of Years in Business: 5 S 25 Due to the long-term nature of the Full -Service Maintenance Plan, it is critical that the successful firm has sufficient experience in providing the services required in the RFQ. (Award 5 points for greater than 75 years, 4 points for greater than 50 years, 3 points for greater than 25 years, 2 points for greater than 10 years, 0 points for less than 10 years) 2. Annual New Tank Sales: 4 5 20 (Award 5 points for annual sales that exceed $20 million, 4 points for annual sales that exceed $15 million, 3 points for annual sales that exceed $10 million, 2 points for annuals sales that exceed $5 million 1 point for all others) 3. Annual Sales: 3 5 15 (Award 5 points for annual sales that exceed $45 million, 4 points for annual sales that exceed $40 million, 3 points for annual sales that exceed $35 million, 2 points for annuals sales that exceed $30 million 1 point for all others) 4. Number of In -House Paint Crews: 2 5 10 (Award 5 points for the most in-house crews, 3 points for the next most in-house crews, and 1 point for all others) 5. Overall Capability of Company to Perform: 4 5 20 Renovations, including proper equipment, resources, personnel, project management, inspection services, lead abatement experience, and financial capability to support ongoing work. Successful firm must have the resources to complete all types of renovations. (Award 5 points for the company with the best qualifications, 3 points for the next company, and I point for all others) 6. Succession Plan and Future Guarantee of Fulfilling 5 5 25 Long Term Commitments/Contracts: The Full -Service Maintenance Plan is anticipated to Page 34 be a long-term agreement that will endure indefinitely. If the proposing company is a family - owned and operated American business, Limited Liability Corporation, a succession plan, and a guarantee of future performance must be documented in the proposal. (Award 5 points if the company is a family -owned and operated American business with succession plan, 2 points if the company is a Limited Liability Corporation with succession plan, 0 points if no acceptable succession plan is included in proposal) 7. Number of Years Providing Maintenance Plans: 3 5 15 (Award 5 points for greater than 25 years, 4 points for greater than 20 years, 3 points for greater than 15 years, 2 points for greater than 10 years, 1 point for greater than 5 years, 0 points if no programs) 8. Percentage of All Tank Work to be Completed by In- 4 5 20 House Crews: (Award 5 points for 75% of work in house, 3 points for more than 50%,1 point for less than 25%.) Page 35 is action Saif :Weighted, . Description of Decision Criteria 1 5 ...... ; :: Score.::':; ; :., 1. References 1. References from 5 Contracts for Maintenance Plans 4 5 20 within the State of Contract: Successful firm should have experience and testimonial evidence of performing maintenance plans in the contract state. (Award 5 points for meeting this criteria, 3 points for more than 1 contract, 0 points if no contracts in state.) 2. References from at Least 25 Contracts within the 3 5 15 United States: (Award 5 points for good reference, 0 points for insufficient contracts). At least 5 references should be interviewed. 3. References from Contracts Greater than 5 Years Old: 2 5 10 Due to the long-term nature of the Full -Service Maintenance Plan it is critical that the successful firm has sufficient experience and testimonial evidence that inspections, emergency services, secondary renovations, and quality customer service have been provided. (Award 5 points for good reference, 0 points for insufficient contracts). At least 3 references should be interviewed. Submittals 1. Acceptable Insurance Certificates: 4 5 20 (Award 5 points for 100% compliance with required insurance, including general liability, pollution liability, etc., 2 points for partial compliance, 0 points if no certificate) 2. Business Registration Certificate for State where 1 5 5 Work is to be Performed: (Award 5 points for acceptable certificate, 0 points for no certificate) 4. Lead Abatement Contractor Certification: 3 5 15 (Award 5 points for acceptable certificate, 0 points for no certificate) 5. Sample Contract: 2 5 10 (Award 5 points for acceptable contract, 0 points for no -contract) 6. Safety Program: 2 5 10 (Award 5 points for acceptable program, 0 points for Page 36 no program) Professional Services and Expertise of Personnel 1. Licensed Professional Engineer: 2 5 10 Certain items such as specifying coatings and designing structural repairs will be included in the contract. It is important that the successful firm have engineering capabilities. (Award 5 points for a PE, 0 points for no engineer) 2. Number of NACE Certificated Inspectors: 3 5 15 Since the successful firm will be required to provide experienced in=house certified inspections services, the availability of experienced quality inspectors is important. (Award 5 points for more than 3 NACE Level 3 Inspectors, 3 points for more than 2 NACE Level 3 Inspectors, 2 points for 2 NACE Level 3 Inspectors and 0 for no NACE Level 3 Inspectors). Page 37 Description of Decision Criteria Weight 1 5 Satisfaction Score 1-5 Weighted Score Maintenance Services 1. Number of In -House Painting Crews: 5 5 25 (Award 5 points for more than 5 in-house paint crews, 4 for more than 4 in-house paint crews, 3 for more than 3 in-house paint crews, 2 for more than 2 in-house paint crews, 0 for no in-house paint crews) 2. Number of In -House Washout Crews: 1 2 2 Washout inspections are a critical component of a Maintenance Plan. (Award 5 points for more than 5 in-house crews, 4 for more than 4 in-house crews, 3 for more than 3 in-house crews, 2 for more than 2 in-house crews, 0 for no in-house crews) 3. Number of Certified Welders: 3 0 0 (Award 5 points for more than 50, 4 for more than 40, 3 for more than 30, 2 for more than 20, 1 for more than 10, 0 for less than 10) Inspection/Washout Timing 1. Inspection Schedule: 2 5 10 (Award 5 points for proposals that include inspections every year, 2 points for inspection every 2 years, 0 points for inspections occurring greater than every two years) 2. Washout Schedule: 2 5 10 (Award 5 points for washouts every two years, 3 points for washouts every four years, 1 point for washouts occurring greater than every four years) Management Services 1. Company has Dedicated Field Representatives: 1 5 5 (Award 5 points for Yes, 0 points for No) 2. Company has Dedicated Project Managers: 2 5 10 (Award 5 points for Yes, 0 points for No) Total Weighted Score for Part 1A 342 A perfect evaluation for this section would be 365 points. Page 38 Part 1B - Financial Qualifications and Financial Risk Assessment - 25% of Total Evaluation Weight Satisfaction Description of Decision Criteria 1 5 Score Weighted Score 1-20 Contract Terms 1. Fully audited financial statements, including 5 20 100 balance sheet and income statement from the most recent fiscal year. (Award 20 points if statements were included with RFQ, 10 points if partial and 0 if no statements were included) 2. Evaluation of financial strength and stability of the 5 20 100 firm based on statements, including balance sheet and income statement, plus other factors: Award 1 to 20 points based on the analysis of the financial statements and the City's belief that the proposing firm is capable of performing all aspects of the agreement including ongoing maintenance and future renovations. Additionally, is the firm financially stable enough to provide a warranty that guarantees all work, including coatings, and potential failure for the duration of the agreement. Is the firm capable of accepting the risk associated with potential coating failures and is this explicitly stated in their agreement. 3. References from Financial Institution: 5 10 50 (Award 10 points for good reference, 0 points for no reference or bad reference) Total Weighted Score for Part 113 250 A perfect evaluation for this section would be 250 points. Page 39 Part II - Pricing Proposal - 40% of Total Evaluation Description of Decision Criteria Weight Satisfaction Score Weighted 1 5 1-20 Score 1. Pricing proposal allows the City to budget the 5 20 100 expense for the duration of the agreement: (Award up to 20 points for most advantageous price proposal relative to the City's budget plans. Consideration should be given to innovative payment terms and cost proposals. Award up to 15 for the second most advantageous, up to 10 for third, etc.) 2. Contract can be cancelled by the City at any time 4 20 80 without penalty by paying for completed renovations: (Award 20 points for Yes. Contracts with other termination terms and conditions should receive up to 10 points, 0 points for No) 3. Contract and pricing proposal specifically include 3 20 60 additional repainting within the contract term without conditions or qualifiers by the successful firm. (Award 20 points for Yes, 0 points for No) 4. Contract has Fixed Cost Amount: (with the 3 20 60 exception of excessive increase in prevailing labor rates and inflationary increases in base fees) (Award 20 points for Yes, 0 points for No) Total Weighted Score for Part 2 A perfect evaluation for this section would be 400 300 points Total Weighted Score for Proposal 892 Page 40 mm ICI Maguire Iron, Inc. 1610 N. Minnesota Ave Sioux Falls, SD 57104 Phone: (605) 334-9749 Fax: (605) 334-9752 City of Sanger, Texas January 23, 2020 TANK MAINTENANCE TANK MANAGEMENT I INSPECTIONS I CLEANING I REPAIR I COATINGS I WATER QUALITY NEW TAN K 1 DESIGN I ENGINEERING I FABRICATION I CONSTRUCTION MAGUIREIRON.COM Page41 WATER TOWER EXPERTS P.O. Box 1446 Sioux Falls, SD 57101 Phone: (605) 334-9749 Fax: (605) 334-9752 Info a,maguireiron.com January 17, 2020 City of Sanger, Texas c/o James Berman 502 Elm Street Sanger, TX 76266 City of Sanger: It is our pleasure to respond to your Request for Qualifications for the Professional Service Maintenance Program for your 3 water tanks. We appreciate the opportunity to tell you about our company and the solutions that we provide to maintain water tanks like yours. Maguire Iron is an American, family -owned company that was founded in 1915 and has been in the Jones family since 1958, beginning with Gene Jones, Sr. The tradition has continued through a second generation of the Joneses, and will be succeeded by a third generation, both of whom currently work for Maguire Iron. "Growing the Family" is a core value of Maguire Iron, and we hope to earn the opportunity to add Sanger to our family of customers. By committing ourselves to the safety of our workers and by being passionate for the service of our customers, Maguire Iron will continue to strive for excellence and build upon our integrity as "Water Tower Experts." Enclosed is our response which describes our company, its employees, our capabilities, and the full -service maintenance plans that we have designed for the city. If you have any questions, please do not hesitate to contact me. Again, we appreciate this opportunity and look forward to meeting with you in the near future. Best regards, Jack Powell Sales Manager —South Texas, Louisiana, Mississippi, Arkansas, Oklahoma, and E. Missouri -Illinois Powell i@maguireiron.com 337-936-6012 o U Q STORDIV At Maguire Iron, Inc. we believe in building a better tomorrow by providing unmatched services to deliver life - sustaining water. We do this by creating products, delivering services and partnering with communities to build and maintain the infrastructure that delivers the most important resource to live ... water! Maguire Iron is a family -owned and operated company based in Sioux Falls, South Dakota that has been in the water storage tank industry since 1915. We offer a full spectrum of water storage tank services including new and pre -owned tanks, relocation of existing tanks, repairs and replacement parts, lead abatement services, exterior painting, interior linings (both conventional epoxy and 100% solids), service agreements, full -service maintenance programs, tank mixing, tank chemical cleaning, year around emergency services, and tank inspections by NACE certified inspectors. We also operate a 60,000-square foot facility that includes an ASME Certified fabrication shop. CORE VALUES Strive for Excellence • Commit to Safety Build on Integrity Serve with Passion • Grow the Family Our range of operational capability consists primarily of 23 states from the Rocky Mountains to Ohio, and North Dakota to the Gulf Coast, with occasional work in outlying states. We employ approximately 130 full-time professional employees consisting of office staff, fabricators, welders, erectors, steelworkers, painters, inspectors and repair specialists. This includes 16 field crews performing field and site operations. We also have the expertise of an in-house engineering department, 4 SSPC C3/C5 Lead Abatement certified personnel, and National AWWA D100 Steel Tank, D101 Tank Inspection, and M42 committee members. MAGUIREIRON.COM Maguire Iron, Inc. Page 43 REQUEST FOR QUALIFICATIONS T C-I I,=ULL-SE MCF 1 AGUIRE MAINTENANCE PLAN The Maguire Iron Full -Service Maintenance Plan is a comprehensive program to better manage the liabilities associated with your water tank maintenance, For a predictable cost, the City of Sanger will know that these important assets are being properly maintained at a fair price. Our Maintenance Plan: © provides turn -key project completion from start to end, including permitting and professional engineering services ® spreads the capital of the costs of initial renovations ® provides emergency services for repairs such as leaks and graffiti removal ® provides yearly inspections of the tanks with clean outs every other year with tank inspection reports ® protects the tank's structural, safety, sanitation, security, and the interior and exterior coatings ® is GASB 34 compliant ® provides future interior and exterior coatings renovations ® provides predictable budgeting for all aspects of tank maintenance The Maguire Iron Full -Service Maintenance Plan is designed to be a "worry free" solution for maintaining your tanks at their highest level. Ir7)T M MAGUIREIRON.COM Maguire Iran, Inc„ Page 44 0[P R �, T110IM5 The following full-time employees will be the "Principal Employees" associated with the operations and management of Maguire Iron Projects, 1. Scott Jones, Vice President ® As the company's Vice President, Scott has experience in all facets of managing tank rehabilitation projects. Scott received his BS in Chemistry with a Mathematics minor from the University of South Dakota. He is NACE 3 certified, with over 30 years of experience in municipal water tank projects. Scott will be involved as the administrative head for the entire project, overseeing all of the administrative department heads, as well as heading contract execution and overall scheduling. 2. Mike Farnsworth, Director of Operations Mike is responsible for scheduling and oversight of all projects and operational personal. Mike is a retired Navy Veteran and has over 25 years' experience in Management. 3. Dan Drake, P.E. Lead Engineer ® Dan will be responsible for all engineering and permitting of each of your projects. Dan will work with our project managers and management to ensure design and specification is sound and the best practice to maintain your assets. MAGUIREIRON.COM Page 45 (WAU uY CONTROL Maguire Iron has many employees with MACE certification. This ensures the quality of our workmanship is at its highest level. NACE Certified Employees 1. NACE Certified Coating Inspector — Level 3 Scott Jones Vice -President #5707 Richard Kemmis Field Representative #10226 David Humble Director of Field Crews #22067 Jamie Mays Director of Sales #6754 2. NACE Certified Coating Inspector — Level 2 Chad Edwards Field Representative #22064 Nathan Johnson Quality Control Inspector #72326 Thomas Montelongo II Quality Control Inspector #79366 3. NACE Certified Coating Inspector — Level 1 Haskell Parada Field Safety Inspector #59085 ! Jack Powell Sales Manager - South #64128 Jason Wipf Field Foreman #50716 i Migdad Mustafa Project Coordinator #81133 Jake Dugger Field Representative #81132 WMMAGUIREIRON.COM Maguire Iron, Inc, Page 46 REQUEST FOR QUALIFICATIONS I. CF 1111F�CA, ITS 0 [,\\IS Maguire Iron has many employees with SSPC-C3/C5 certifications. These professionals are informed on different aspects of industrial painting to insure high quality workmanship. SSPC Certified Employees 1. SSPC — C3/C5 Certified: Supervisors/Competent Person for De -leading of Industrial Structures Dave Humble Director of Field Crews Jason Wipf Field Foreman MAGUIREIRON.COM Maguire Iron, Inc, Page 47 REQUEST FOR QUALIFICATIONS ��\\q- JOM5C C"RDEV11S Maguire Iron has 7 in house paint crews dedicated to performing 90% of our maintenance contract projects. Each of these crews has one certified welder on site at all times. We employ 3 crews dedicated to performing washouts and inspections of water storage tanks under maintenance plan contract. Two examples of our in-house crews include: 1. Jason Wipf — Foreman/Superintendent — 9 years' experience • NACE Coating Inspector Level 1 — Certified • OSHA 30 HR • SSPC-C3 Certified 2. Eddie Hofer — Foreman/Superintendent — 6 years' experience •OSHA10HR PROJECT M „ APLWERS The following full-time employees are the project managers committed to making sure that our projects are completed on time, on budget, and to our customer's complete satisfaction. Dave Humble, Director of Iron Field Crews Alex Rapp, Project Manager (Maintenance) ® Cory Timmerman, Project Manager Tyson Rosenbloom, Project Coordinator Migdad Mustafa, Project Coordinator h MAGUIREIRON.COM Maguire Iron, Inc. Page 48 REQUEST FOR QUALIFICATIONS I L E 5 Maguire Iron has been maintaining water storage tanks of all kinds for over 100 years. We have acquired roughly $20 million in new tank sales yearly, as well as $30 million in annual sales. Maguire Iron is proud to offer a variety of services to meet all our customer needs. The following full-time employees are our Sales Representatives dedicated to providing quality service throughout the entire project. o Roxanna Bagwell, Central TX o Michael Bruck, West/South TX o Brian Bridgers, AR/OK o Darin Clark, IL/Eastern MO o Jake Dugger, NE/IA Chad Edwards, SD/Southern MN o Kyle Fischer, ND/Northern MN o Tony Grant, KS/Western MO o Rich Kemmis, CO/WI o Jack Powell, MS/LA i� o i Kal Tucker, ID/MT/WY ri r� r l(11C MAGUIREIRON.COM f4layuii', (Y(I11, Inr. Page 49 REQUEST FOR QUALIFICATIONS MAINTEI\J ,,,1i\1C- PLAN REFERENCES -- TEXAS Crowley, TX Jack Thompson 817-297-2201 500MG Elevated Jourdanton, TX Lamar Schultz 830-769-3589 3 Tanks Olton, TX Keeley Adams 806-285-2611 2 Tanks References for Engineered/Bid Jobs in Texas Brookesmith SUD, TX Paint Interior and Exterior - 85MG Standpipe Garrett Hager 325-646-5731 Contract - $72,000.00 Completion — 2015 City of Stockdale, TX Paint interior and Exterior - 75MG sphere Banks Ankins 830-996-3128 Contract - $68,900.00 Completion — 2015 New Tank Construction Reference in Texas Wellborn, TX 500MG Sphere Winn Professional Engineers (903) 553-0500 Contract - $1,490,040 Completion — 2016 -I�_�.l M—- Maguire Iron, Inc. Henderson, TX Matt Linthicum 903-657-6551 5 Tanks Nixon, TX Jeremy Bustus 830-582-1924 4 Tanks Rio Grande City, TX Steven Cruz 956-487-2702 4 Tanks Harlingen, TX Interior/Exterior Painting & Steel Work —1.5 MG Composite Dunham Engineering — College Station, TX Jimmy Dunham Certified Paint Inspector on numerous Maguire Iron projects 979-690-6555 Contract $426,000.00 Completion — 2016 MAGUIREIRON.COM Page 50 Please see the required submittals in the following pages: ® Certificate of Insurance ® Lead Abatement Certification Additional References and Maintenance Customers Sample Contract ® Pricing and Work for Full -Service Maintenance Program Available Equipment List ® Safety/AWAIR Program ® Banking Reference Letter ® Audited Financial Statement Lu_, _ MAGUIREIRON.COM Maguire Iron, Inc„ Page 51 CERTIFICATE OF LIABILITY INSURANCE DATEfM1121YYYY) ov2u201s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING (NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Boen & Associates, Inc. CONTACT Linda Evans NA NAME: (605) 336-0425 ao Ne : (605) 336-8187 307 W.41atStreet PO BOX 89010 Sioux Fails SD 57105 E-MAIL AnAREss: Iindae(d�boenassociates,Com INSURERS AFFORDING COVERAGE NAIC p INSURER A: United Fire & Casualty Company 13021 INSURED INSURERB: Travelers Property Casualty Company of America 25674 Maguire Iron, Inc. &Maguire Tank, Inc. INSURERC: Zurich American Insurance PO Box 1446 INSURERD: INSURER E : Sioux Falls SD 57101 INSURERF: iCOVERAGES CERTIFICATE NUMBER: 19120 Master REVISION 14 I i i I ` THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE AVOL SD VtlVDbUISH POLICYNUMBER MMIODnY Y MWDDDNYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE g 1,000,000 Q DAMAGE To RERTEff- CLAIMS-MADE OCCUR PREMISES Eaacnr ce s 100,000 MEDEXP Anyone person) g 5,000 _ PERSONAL &ADV INJURY g 1-000,000 A 60426084 02,01/2019 02l01l2020 LIMITAPPLIES PER: GENERALAGGREGATE g 2,000,000 GEN'LAGGREGATE PRODUCTS -COMPlOPAGG g 2,000,000 POLICY t. �J JPC()T LOC g OTHER: AUTOMOBILE LIABILITY COMBINED SINGE LIMIT Ea acddenll g 1,000,000 x ANYAUTO BODILY INJURY (per parson) $ A OWNED SCHEDULED AUTOS ONLY AUTOS 60428094 02/01/2019 02/01/2020 BODILYINJURY(Peracddenl) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident g Uninsured motorist BI $ 1,000,000 X UMBRELLA LIAR X OCCUR 96i OCCURRENCE g 6,000,000 B I EXCESS LIAB CIAIMSMADE ZUP-16RO5368-19-NF 02/01/2019 02/01/2020 AGGREGATE g 6,000,000 DED I X RETENTION $ 101000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN X1. STATUTE ERµ EL EACH ACCIDENT 1,000,000 C gNYPROPRIMB RlPARTNER/EXECUTIVE NIA WC4892936.09 02/01/2019 02/0,12020 E.L. DISEASE - EA EMPLOYEE g 1,000,000 (Mandatory In If yes, describe uund nder E.L. DISEASE -POLICY LIMIT g 11000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is requiredl Proof of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Proof of insurance ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2016 ACORD CORPORATION, All rights reserved, AGVKU 25 (2096/03) The ACORD name and logo are registered marks of ACORD Page 52 Page 53 of Di n �-{ o o a a m o oo� m cp a rpn m o Co2< vo v a r* < 5 r m m m 0@ d x r n. 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C fC ¢ M w 1 N �C. ry (qj� 'O fli N V x o X F fD tA0 Z P.�p W N G Ol ci a Ow Vi tN1 lA tAn lWl7 OCp prp w M (7 N O -h 1�i1 Q W .7 (��Df LD A N N O a• 'D Off' _ Z N O N w O N C v Qmj Z W .�+ Lh Z m m N t= V A V 01 Z W Z m y W Ln W 1.+ cn m tUl1 A in M 0000 U) m m o W o m a rn V W L O W r inn W SU N A ID o roc m Tc -IOU 2 rtDo ° o 8 o q R. -n in 0 m m m m m00mmmmmmm p� g g r: Page 55 Maguire Iron, Inc. SINCE 1915 Sanger, TX January 20, 2020 MAGUIREIROWCOM Page 56 pg 1 of 7 MP040219 Md9Uir0 Y>r011111, Yll C. iINCE 1915 FULL -SERVICE MAINTENANCE PLAN CONTRACT THIS AGREEMENT is made this 20th day of January , 2020 by and between City of Sanger, TX hereinafter called the "Owner" or "Customer" and Maguire Iron, Inc., a South Dakota Corporation with its principal office located in Sioux Falls, South Dakota, hereinafter referred to in this Agreement as "the Company", This Agreement along with all incorporated documents referenced herein shall set forth the full terms and conditions agreed to between the parties in reference to the inspection, maintenance, and rehabilitation of the Acker Ground Tank GST/Standpipe/PT by the Company as outlined in Schedule A. 1. SCOPE: The Owner agrees to employ the Company to maintain its water storage tanks in accordance with this Agreement. This Agreement binds the Company to responsibility for the care and maintenance of the above described water storage tanks. Care and maintenance shall include the following: a• Inspection: The Company will annually inspect and service the tanks beginning in the year of 2020 as per the schedule with visual inspections and cleanout inspections. If any significant repair or touch up is observed we will schedule a time for the owner to drain the tank to make necessary repairs. b. Drainage: When a cleanout/inspection is done, the tanks will be completely drained and cleaned to remove and properly dispose of all sediment and other accumulations that might be harmful to the tank or its contents (not including staining). This cleaning will use high-pressure equipment. Any necessary touch up will be done at time of cleaning to extend coating life. c. Disinfection: After cleaning is completed, the interior will be inspected and disinfected by the Company prior to returning to service. Sampling and testing will be the responsibility of the Owner. d. Painting: The Company will clean and repaint the interior and/or exterior of the tanks at such time as painting is needed, but at a minimum in accordance with the schedule mutually agreed upon by the Owner and the Company, unless otherwise requested and extended by the Owner in writing. The need for interior painting will be determined by the thickness of the existing liner and its protective condition. The need for exterior painting will be determined by the appearance and protective condition of the existing paint. When painting is needed, all products and procedures will be equal to, or exceed the requirements of the state, the American Water Works Association, and the Steel Structures Painting Council as to surface preparation, coating materials, and disinfections. A lock, provided by the Owner will be installed on the roof hatch of the tanks to prevent any unauthorized entry to the water tanks. The keys to the tank will be retained by the Owner. pg2of7 MP040219 Maguire Iron, Inc. SINCE 1015 e. Emergency: The Company will provide emergency services, when needed, to perform all repairs covered under this contract. Reasonable travel time must be allowed for the repair unit to reach the tank site. The Company will furnish temporary use of relief valves, if needed, to install in the water system so the Owner can pump direct to maintain water pressure while the tank is being serviced. The owner has the option to purchase relief valves for long-term use. Exclusions: This Agreement does NOT include the cost for and/or liability on the part of the Company for: (1) containment of the tanks at any time during the term of the Agreement; (2) disposal of any hazardous waste materials; (3) resolution of operational problems or structural damage due to cold weather, acts of terrorism or other "Acts of God'; (4) repair of structural damage due to antenna installations or other attachments for which the tank was not originally designed; (5) riser pipes that are smaller than 36 inches in diameter; (6) insulation, frost jackets, and fill lines; (7) negligent or intentional acts of Owner's employees, invitees, agents, or contractors or subcontractor or any person or entity under Owner's control; (8) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (9) damages, whether foreseen or unforeseen, caused by the Owner's use of pressure relief valves and site conditions; (10) repairs to the foundation of the tank; (11) payment of prevailing wages at any time throughout the duration of this agreement; (12) negligent acts of Owner's employees, agents or contractors in the operation of the water system. 2. INSURANCE: The Company will furnish current certificates of insurance coverage to the Owner at the time any work is performed. Owner and Company insurers shall waive subrogation. 3. TERM: This agreement shall be for one year and automatically renews annually on the contract execution date. The Owner shall have the right to continue this contract for an indefinite period of time providing the annual fee is paid in accordance with the terms of payment. This agreement is subject to termination by the Owner upon written notice of intent to terminate which must be received by the Company ninety (90) days prior to the effective date of termination. Notice of Termination is to be delivered by certified mail to Maguire Iron Inc. PO Box 1446 Sioux Falls, SD 57101, and signed by the Mayor, City Manager or authorized agent. The owner will be responsible to the Company for the cost (at current market rates) of any work that has been performed prior to termination. Any disputes arising out of such termination are subject to the remedies section hereinafter set out. 4. COST/PAYMENT TERM: The cost of the program is detailed in the attached Schedule A. Each year thereafter, the annual fee will be i adjusted to reflect the current cost of service. The adjustments will be limited to a five percent (5%) annual increase. Payment Options: quarterly, semi-annually, or annual payments are due the first business day of selected payment period. Net 30 days from acceptance and invoicing, plus applicable sales, use, excise, transfer or similar taxes required by law. A service charge of 1.5% per month (18% per annum) will be charged on past due accounts. I I pg3of7 M P04071 A Maguire Iron, Inc. SINCE 1915 5. TANK MODIFICATION: The Company's fees are based upon the existing structure and components of the tanks. Any modifications to the tanks, including but not limited to antenna installations, shall be approved by the Company, prior to installation or modification and may result in an increase to the annual fee. 6. CHANGES IN LAW: The Owner agrees that future mandated environmental, health, safety, or labor requirements as well as changes in site conditions at the tank site which cause an increase in the cost of tank maintenance will be just cause for modification of Section 4 of this Agreement. Modification of this Agreement will reasonably reflect the increased cost of the service with a newly negotiated annual fee. 7. ASSIGNMENT: The Owner may not assign or otherwise transfer all or any of its interest under this Agreement without the prior written consent of the Company. If the Company agrees to the assignment, the Owner shall remain responsible under this Agreement, until its assignee assumes in full and in writing all of the obligations of the i Owner under this Agreement. 8.INDEMNIFICATION: t THE COMPANY AGREES TO INDEMNIFY THE OWNER AND HOLD THE OWNER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY CAUSED BY ANY ACT, OMISSION, OF THE COMPANY OR ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES. THE OWNER AGREES TO INDEMNIFY THE COMPANY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY CAUSED BY ACT OR OMISSION OF THE OWNER OR ITS CONTRACTORS, AGENTS, OR EMPLOYEES. THE INDEMNIFICATION PROVIDED IN THIS PARAGRAPH DOES NOT AFFECT THE COMPANY'S LIMITATIONS OF LIABILITY SET FORTH IN OTHER PARAGRAPHS OF THIS AGREEMENT. 9. REMEDIES: Company or Owner shall in no event be liable for consequential, incidental or punitive damages whatsoever. i In the event of a dispute involving this Agreement or arising out of this Agreement, the parties agree that I binding arbitration shall be the sole and exclusive method for resolving such dispute. Arbitration shall take place in South Dakota before a single arbitrator with a background in the construction industry within 90 days of a claim for arbitration filed by either party. If the parties cannot agree on an arbitrator, the arbitrator shall be chosen by the presiding Federal District Court Judge of the Federal District Court where the Project is located. The arbitrator shall render his or her decision within 120 days of the arbitration. Such arbitrator's decision shall be enforceable by judgment in any court. Costs of arbitration shall be divided equally. The arbitrator may in his or her discretion award attorney's fees. The laws of the State of South Dakota shall govern and interpret this Agreement without regard to conflict of law principles or the location of the execution or performance of this Agreement. • ;4 R I rtul 0 OLOILWJ 17A p9 4 of 7 MP040219 Mquire Iron, Inc. SINCE 1915 10. MISCELLANEOUS: No modifications, amendments, or alterations of this Agreement may be made except in writing signed by all the parties to this Agreement. No failure or delay on the part of any party hereto in exercising any power or right hereunder shall operate as a waiver thereof. The parties expressly warrant that the individuals who sign below are authorized to bind them without further action. 11. ENTIRE AGREEMENT: This Agreement constitute the entire agreement of the parties and supersedes all prior communications, understandings, and agreement relating to the subject matter hereof, whether oral or written. 12. SEVERABILITY: If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect. 13. VISUAL INSPECTION DISCLAIMER This Contract is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the tank has been drained for repairs, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company renegotiate the annual fees. The definition of a "latent defect' shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, damage to the roof of the tank which is not clearly visible during the visual inspection, etc.). Owner: City of Sanger, TX MAGUIRE IRON, INC. (Name) (Title) By: By: (Name) (Title) Jeff Luebner Date Date Accepted: i Upon acceptance, please provide two (2) signatures and date the agreement. pg5of7 MP040219 O C Ll C i > ro n N O �- f6 v fV c-I <n O YO 3 O� X e X r 'w ticr Ln r�3 cOm 3 -o 13 v .4)o o n o, .` �C n tD N m'o m M � O O 00 O 10 `�Ili a) a z v oZ vaa oi` + w `^ tir 3 c? o E L^ + i 5 �' a E ,an' LLI H {•' L i N co Ln li. N00 n fj,r W lfj I� a_' C LF m ~ C cu O 'b u - C w 12C OO aal N U O N • rro va 'TOJ C a-1 ppOpp on � a, a z s ai ,o cn +^ ? c c E ter 3 ci `Ito d l0 N oMOO Ln to f Ell m n, +n a, c c TU > 7 O_ 'p C G/ d' 7 O-0 c 0, U O �-f O N (u .�"� N O w U r l O O ti C W I U1 c�• 0 (U m uo o r (U fO m d^' p -t w •ro °i " m ni rn m a m 0 00 a z an, a, v of o o. z v a`, n v to ? c a w `n �* 3 c Q or, u, v, tq ? c °� E `nCD Q_ w Ln m -may {� v}ro f,4AO c v c w y c v O .O O .O N .` C u in vO1 to 3 a a o w ,n a IE v, to c c a E ,n to t`i Q w N^ OLO -q U1 m O p d Q1 N to th � � o t� C 'D C U C __-___ L O '� C p '� C O — O O ca OLn CL O ro W O '- .0 m N ^ 'C io n' r-1 ri ro Ol a O t/T C w OTC t d' C w N aL-' tmjr Gi w O 3 S a .3 i 1 i Page 61 58183 Maguire iron Inc FYE: 12/31 /2018 Date In Book Asset Property Description Service Cost Group: 1500-020 Field Equipment 22 24' POLYUREA TRAILER 7/31/03 77,106,00 66 2 Dump Boxes on trailer 7/01/04 1,000.00 70 Airless Pump 9259 7/01/04 250.00 84 2 Blasting Pots 7/01/04 500.00 86 (2) 600# blast pots 4/29/87 2,600.00 123 2-Graco Airless Paint Sprayers 3/31/93 2,000.00 126 3-Clemco Sandblast Pots, 6001b 3/31/93 1,S00.00 131 Air Cooler for Air Compressor 3/31/94 2,657.85 132 After Cooler Unit 10/07/94 4,500.00 134 2-Graco King Pumps 10/07/94 3,500.00 136 8 Ton Blast Pot w/ Accessories 10/07/94 7,500.00 173 Sand Blaster _ 7/01/04 750.00 189 Blast Pot Super #1050 7/01/04 650.00 208 Blast Pot Super 41050 7/01/04 700.00 212 2 Miller Big 40D Welders 2/09/96 14,127.68 213 2 Paint Pumps 3/17/96 3,500.Q0 216 3 Clemco Sandblaster Hoppers 3/17/96 6,600.00 218 1988 Transcraft 48' Step -Deck Trailer 3/13/96 10,562.50 219 2 Miller Big 40D Welders 12/18/96 14,717.27 221 Beechcraft A36-stormscope sys. 9/01/97 0.00 222 90 Beechcraft (sales tax) 9/01/97 0.00 223 Guyless Crane w/ Hydraulic Dr. 9/01/97 75,138.00 232 Eagle Ind: Containment System 9/01/97 0.00 236 Hydraulic Plate Bending 9/01/97 90,814.00 238 Hydraulic C-Frame Press 9/01/97 59,630.00 293 2 MILLER 40D WELDERS 2/09/98 15,879.86 299 (2) Blasting Pots 7/01/04 1,000.00 300 2-Miller Big 40D Welders 2/05/99 16,515.37 305 4 Compressors 7/01/04 2,600.00 306 Speed Flo Pump 7/01/04 700.00 309 Graco paint pump w/gun 5/26/00 3,074.00 310 Graco paint pump w/gun 5/26/00 3,074.00 311 Graco paint pump w/gun 5/26/00 3,074.00 321 Ing. Rand Compressor #176197 7/01/04 7,500.00 324 Used JLG Man -Lift 5/12/01 12,000.00 326 Big 40 Diesel Weider 12/26/01 8,772.33 337 Ingersoll -Air Compressor 2/28/02 10,028.15 342 Wrench H-800 7/01/04 950.00 Page 62 343 Airless Paint Pump Al-10-26 7/01/04 900.00 344 Blast Vac Sup 7/01/04 3,000.00 345 Blast Vac Sup 7/01/04 3,000.00 346 10 Speed Flo Pumps 7/01/04 13,000.00 352 Ing. Rand #2420 7/01/04 1,000.00 359 Air Compressor #297282 7/01/04 8,500.00 360 Air Compressor #297283 7/01/04 8,500.00 361 Air Compressor #297284 7/01/04 8,500.00 428 Winch/trlpod systems 7' Alum 120' Ga 3/07/05 6,016.47 429 Work cage; spider w/o casters, Yoke a 4/12/05 4,872.00 430 Ingerso) Rand Air Compressor HP935 5/20/05 52,430.40 432 VersaBlast Floor & Wall Machine Mod 6/13/05 71,640.00 433 Winch/tripod systems 71Alum 120'Gall 3/14/05 6,016.47 434 (16) PN-9005 SC1000 3/31/05 153,584.03 443 Containment System 3/17/06 27,527.90 444 (2) Spider Hoists and Cages 3/30/06 19,590.97 445 Used Portable Air Compressor 2/26/07 54,019.20 453 Big 40C CC/CV Deluxe Welder 2/12/07 11,898.47 454 Big 40C CC/CV Deluxe Welder 5/25/07 11,974.07 460 Crane Hoists 5/31/08 13,110.20 462 Air Compressors (2) 1/31/09 145,869.49 471 Atlas Air Compressor (XATS1050CD6 2 12/19/11 79,S00.00 472 Atlas Air Compressor (XATS1050CD6 2 12/19/11 79,500.00 478 Rigging Equipment 1/24/12 8,703.00 479 Paint Pumps 10/18/12 10,812.00 494 2 Miller T8225 Welders 3/08/13 11,352.13 495 2 Trailblazer 325 EFI Welders 9/30/13 11,352.13 496 Underwater ROV Camera 4/03/13 37,235.68 497 Graco HD Carts/Siphon Feed 12/16/13 5,143.12 498 Graco HD Cart/Siphon Feed 12/16/13 5,143,12 499 Graco HD Cart/Hopper Feed 12/16/13 5,298.94 500 Graco HD/Hopper Feed 12/16/13 5,298.94 508 Atlas Air Compressor 2/27/14 125,080.00 509 E Hofer Rig/Fuel Injector 4/29/14 1,276.22 510 BF03 Fuel Pump 7/31/14 884.68 511 2 Miller 325 Welders 11/30/14 10,780.88 548 CONTAINMENT SYSTEM 7/01/15 43,955.46 556 WELDERS 4 6/80/15 22,015.89 557 GIN POLE 6/30/15 6,290.00 558 PRESSURE WASHER 8/06/15 1,251.33 559 USED POWER WASHER 11/01/15 689.00 560 PLASMA CUTTER 2/23/15 2,177.90 561 PRESSURE WASHER 4/06/15 1,080.49 562 PAINT PUMP 4/30/15 3,392.00 576 2 Spider Z-Max 1000 12/01/15 2,000.00 577 35' ModularState 12/01/15 2,000.00 578 ST18 Basket W/Cable 12/01/15 1,000.00 Page 63 579 Ultrasonic Guage 12/07/15 995.00 580 Air Tugger SN MWO09263 12/23/15 13,546.88 581 Rotair D375HJ 12/22/15 33,000.00 583 Dust Collector/Blast Machine 4/12/16 111,432.98 584 Dust Collector 3/04/16 97,769.10 585 Air Compressor 3/28/16 72,080.00 586 Vapor Blasters 7/15/16 57,348.52 587 Ladder Leg Extensions 12/22/16 42,493.50 588 Field Safety Equipment 11/30/16 39,931.1S 589 Climber 4/30/16 11,803.10 590 Wildr Gas/LP Drvn Gnrtr 3/31/16 10,997.90 591 Paint Pumps 8/18/16 10,221.87 592 Tomaso Rig 8/24/16 6,994.33 593 Kness Rig 3131/16 8,293.96 596 Climber Hoise 4/30/16 2,066.87 606 Compressor 2/10/17 95,850.00 607 Compressor 1/27/17 123,246.50 608 Paint Pumps 6112/17 25,71S.91 609 Paint Pumps 10/31/17 16,924.04 610 Welders - 2 11/30/17 12,619.42 611 Paint Pumps 3/23/17 10,952.46 612 Scaffolding 2/01/17 10,650.00 613 Containment System Parts 10/31/17 6,519.08 614 Welder 6/30/17 6,309.98 615 Fasterblaster Equipment 3/24/17 6,209.71 616 Climber Parts 3/24/17 5,991.89 617 Com SOB Seal Injectors 9/29/17 4,515.80 618 Rig - McLaughlin 2/28/17 3,740.19 619 8"Snow Pusher 11/30/17 3,179.03 620 CAPX-Hoist Lever 9/30/17 3,109.80 621 Cam AOS Rebuild 9/29/17 2,933.99 624 20" Electric Fan 12/29/17 2,735.00 625 Com A06 Rebuild 6/01/17 2,376.02 626 Rebuild Equipment 4/28/17 2,069.00 627 Climber Parts 6/01/17 1,877.71 628 Com A01 Rebuild 9/29/17 1,740.82 629 Safety Ropes 4/28/17 1,668.08 630 Com S10 Rebuild 6/01/17 1,611.81 631 Paint Pumps 6/01/17 1,506.26 632 Holiday Detector 2/23/17 1,294.53 633 Winch Cable - WIPF Rig 6/21/17 1,055.37 634 Mill Gage/Psychrometer 11/27/17 898.73 635 Climber Parts 9/30/17 766,66 685 Jim's Rig, Hoist and Chain 6/30/17 535.06 686 Ladders 2/23/17 549.67 766 Kerosene Heaters 1/02/18 766.78 i 767 Fasterblaster Hose 1/12/28 1,121.26 Page 64 768 COM S08 Drain 2/17/18 1,234.01 769 LED Lighthead 2/15/18 2,995.00 770 Climber Repair 3/01/18 2,010.49 771 Cable Clip 5/8" 2/22/18 128.44 772 Grip Haven Lock 1/8-1/2" Cable 2/16/18 116.62 773 Lifeline 5/18" X 50 (15) x150' (20) Fist 2/16/18 3,647.22 774 Rope 518" Manilla (2400) Reeve Block 2/16/18 937.20 775 Tie Down 2"X27' w/Flat (20) 2/23/18 313.75 776 2 Pressure Washers (Sebastians Rig) 4/01/18 1,713.86 777 1 Pressure Washer (Getz) 4/01/18 858.93 778 COM A01 CLEAN OUT FUEL TANKS 4/04/18 2,556.00 779 E-Ductor Assembly 4/09/18 3,010.00 780 Blast Hose/Safety Cables 5/29/18 1,377.19 781 Pressure Washers/Nozzles 5/29/18 6,505.60 782 Winchiine Cable 5/31/18 804.08 783 Power Washers 5/31/18 11,137.26 784 Power Washer (1) 5/31/18 1,498.00 785 Annual Climbing Equip Refurblshed/Ce 6/30/18 2,475.19 786 Eductor Assy 7/31/18 2,040.80 787 drill/saw/batteries TRK 034 8/30/18 820.00 788 Raking Ladder 9/07/18 17.89 789 Power Washer 9/07/18 866.20 790 5 Ton Air Tugger 10/11/18 9,988.09 791 Steam Cleaners 10/30/18 17,075.70 792 Rov Camera 11/28/18 2,999.00 793 Rov Camera 11/28/18 2,999.00 794 Extension ladder 11/30/18 505.88 795 Containment 11/30/18 142,377.24 796 CLIMBER HOIST REPAIR 5/29/18 1,642.40 797 COM S09 REPAIR 11/30/18 5,806.93 798 CRN 306 BAT CABLE/LUF/TERM 12/12/18 26.70 1500-020 Field Equipment 2,684,133.98 Group: 1500-030 Office Eauipment 168 4 dr, file safe 4/10/75 634.20 171 office file - Victor fire file 12/09/81 942.29 176 used fire safe 1/29/86 600.00 183 IBM Select II typewriter 8/12/87 524.30 205 Lateral File Cabinet 3/16/93 397.50 206 Am. Exp. -1/2 int. Statues 3/26/93 2,062,50 207 Sofa, Loveseat -1/2 int. 6/08/93 925.38 313 President's DeskUnit/Work Station 2/29/00 8,724.61 330 Desk unit 3/02/01 1,239.18 331 Desk Unit 3/02/01 1,327.15 339 Desk Unit 2/20/02 2,809.00 Page 65 420 Office Furnishings (Scotts Credit Card) 5/18/04 4,564.09 421 Office Furniture (Canfield) 8/30/04 10,888.58 422 Office Furniture (DeWitt Designs) 8/30/04 20,714,84 423 Office Furnishings & Appliances (Scott: 11/24/04 10,593.27 425 installation of Software 8/01/04 2,155.00 426 Accting Software 12/31/04 • 5,567.44 480 Ricoh MP5000SP Copier 5/30/12 5,718.70 501 Dell Poweredge T260 Intl Instr 12J31/13 8,095.59 502 Dell Poweredge T260/Inc Inst 12/31/13 8,944.8$ 503 Sharepoint Server 12/31/13 6,676.94 504 Sharepoint Users (X20) 12/31/13 2,162.40 505 Windows Server 2012 & 40 Users 12/31/13 3,183.20 506 SQL Server Software 12/31/13 7,332.00 507 Exchange Server 2013/40 Users 12/31/13 3,875.33 512 Lenovo 8590 3J24/14 920,09 513 Lenovo B590 5/01/24 920.08 514 Lenovo 8590 6/27/14 1,091.80 515 Desktop Computer (Ben) 8/15/14 1,243.38 516 iPads 9/19/14 2,808.95 520 PM Building Furniture 11/30/14 57,639.89 522 Lenovo 850JSnodgrass 11/28/14 894.64 523 Copier PM Building 11/30/14 6,182.45 524 Thinkpad Edge E440013 12/26/14 662.49 525 Thinkpad Edge E44015 12/26/14 794.99 532 Phone System 11/30/14 13,567.66 549 LENOVO LAPTOP E540 1/29/15 922.18 550 THINKPAD EDGE E540/MCCLUSKEY 2/23/15 1,306.32 551 THINKPAD T540P (BEN R) 4/01/15 1,403.02 552 EAGLE INCOMING SCULPTURE 4/21/15 2,650.00 553 SUBCONTRACTOR IPADS 7/01/15 2,093.78 554 HP 350 G1 NOTEBOOK/JACK POWELL 7/01/15 719.74 555 1PADS FOR SUBS 8/31/15 1,346.13 582 IPad(Jackson) 12/01/15 734.53 597 Computer Equmnt from Advance Tech 10/31/16 6,123.50 638 Dell Desktop 12/27/17 658.17 639 Website Design & Placement 11/06/17 750.00 640 Computer Equipment 4/27/17 865.31 641 Lenovo Laptop Thinkpad 6/07/17 890.34 642 Lenovo Notebook 8/31/17 945.72 643 Lenovo 15.6" HD Notebook 8/07/17 1,094.82 644 Computer Hardware 9/18/17 1,145.78 645 Lenovo Notebook 12/27/17 1,162.98 646 Printer - DD 7/31/17 1,206.65 647 Computer Equipment 3/07/17 1,318.26 648 Computer Equipment 1/23/17 1,428.59 649 Computer Equipment 2/02/17 1,656.87 650 PC - Estimating Coordinator 12/27/17 1,678.33 Page 66 651 Office Furniture 3/31/17 2,123.78 652 Computer Equipment 3/16/17 2,125.58 653 PC - Migdad Mustafa 12/27/17 2,130.96 654 Cloud Migration 12/31/17 3,118.85 655 Marketing Computer Equipment 10/31/17 3,441.10 656 Lenevo Thinkpad 8/31/17 4,266.59 657 A/C Unit- MJB Building 7/01/17 4,424.58 658 Computer Equipment 1/31/17 4,637.97 659 PM Reception Desk 4/28/17 6,022.55 660 Marketing Startup Expenses 9/13/17 7,292.99 661 CRM 365 Software Development 11/30/17 15,016.50 687 Malnt. Time Clock 5/29/17 168.33 688 Printer - Dana Waltman 6/16/17 191.69 x... 689 Printer- Beckie Kaufmann 5/29/17 212.99 690 Jay-Lenovo Charger 12/27/17 310.87 691 Office Furniture 12/29/17 337.40 692 Desk/Credenza/Bookcase 12/29/17 579.70 725 Development-CRM Program 1/07/18 599.07 726 Development -Pricing Tool 1/15/18 2,340.00 727 Cloud Migration Developemnt 3/01/18 14,418.24 728 Printers 3/26/18 586.66 729 laptop/MS Office 3/26/18 1,064.89 730 Laptop/MS Office 3/26/18 1,123.52 731 Pricing Tool Development 3/29/18 926.25 732 PMB TV Mount/Supplies 3/29/18 897.99 733 Digital Signage Player 3/30/18 266.25 734 Website Design/Placement 3/30/18 858,95 735 Template Work/Great Plains 3/03/18 1,158.19 736 External GP Software Support 3/10/18 2,396.29 737 External GP Software Development 3/30/18 4,623.07 738 PO SOFTWARE DEVELOPMENT 4/30/18 2,768.83 739 Brother DCP-1.2550DW Laser All in on 4/30/18 138.44 740 Voyager 372045 Computer (Dan Gray) 5/02/18 1,096.90 741 Lenova Laptop Thinkpad E570 * Dockli 5/02/18 953.18 742 Lenova Laptop Thinkpad E570 (Steve) 5/02/18 836.03 743 8GB Single DDR#/DDR3L 1600 (Larry) 5/02/18 104.43 744 Wireless Keyboard 5/02/18 31.45 j 745 Brian Cooper Camera Equipment 5/01/18 4,795.93 ' 746 File Cabinet (Steve F) 5/01/18 231.11 ' 747 CRM Software Development 5/31/18 5,431.56 748 CRM Software Development 6/25/18 798.75 749 Desktop PC (Pam Bossman) 6/26/18 1,018.46 750 Laptop (Kai Tucker) 6/26/18 1,413.15 1 751 PO Software Development 7/01/18 2,915.47 752 CRM Development 7/01/18 1,477.70 753 CRM Development 7/23/18 1,837.14 754 Dynamics CRM Support 7/31/18 758.82 Page 67 755 Website Design 7/31/18 1,500.00 756 SUPPORT/DEVELOPMENT 8/31/18 698.93 757 MS HOME-BRAD/CHARGER/HARD DRI 9/17/18 382.34 758 Storage 9/17/18 1,321.88 759 SUPPORT/DEVELOPMENT 9/28/18 898.61 760 PC/Software 11/16/18 5,005.48 761 Ipad (Amanda) 11/17/18 829.06 762 Admin User Process Change 11/30/19 399.38 763 Pricing Tool Development 11/30/18 1,885.00 764 Dynamics Upgrade 11/30/18 4,441.05 765 Matt Neff PC/Software 12/20/18 2,161.85 1500-030 Office Equipment 373,278.53 Group: 1500-040 Vehicles/Trucks 1 1962 Dodge 11/2 T Truck D400 11/15/61 3,192.52 5 1981 Fontaine semi trailer 7/21/81 10,750.00 8 1975 Dorsey 42 trailer 9/22/82 7,500.00 9 1982 Stoughton 44 Trailer 11/01/82 12,195.00 28 69 Beal Bulk Tanker 4/12/94 7,250.00 46 24' UTILITY TRAILER 1/19/04 11,312.26 270 Towmaster T30-32 Trailer 9/01/97 5,969.00 273 1993 Dodge W350 9/01/97 9,540.00 276 Kayin Trailer 9/01/97 20,273.00 285 Dressen Trailer 12/11/97 3,972.08 307 1986 Transcraft dropdeck Trailer 3/09/99 10,305.00 316 2001 OCT 8x21 Flat Trailer 2/14/01 4,538.65 320 Ford 2002 F650 Straight Truck 10/08/01 36,729.03 380 91 Ford F700 SN. 2FDKF37H5MCA591: 7/01/04 10,000.00 38195 Ford SN. IFDNF70J3SVA79624 Uni 7/01/04 14,500.00 382 97 Int. SN. IHSHGAHR5VH474419 Un 7/01/04 40,000.00 383 97 Int. SN.IHSHGAHR7VH474454 Uni 7/01/04 40,000.00 384 98 Ford IFTYA96MSWVA21856 Unit # 7/01/04 47,500.00 386 98 Ford 1FDNF8000WVA33472 Unit# 7/01/04 27,000.00 388 98 Chevy C71-1042 SN, IGBJ7H1C3WJ1: 7/01/04 27,500.00 389 99 Sterling SN. 2FZHAFBA8XAF52973 t 7/01/04 30,000.00 390 99 Sterling SN. 2FZHAFBAXXAF52974 t 7/01/04 30,000.00 39199 Sterling SN. 2FWYJCX84XA982767 1 7/01/04 30,000,00 392 00 Sterling SN. 2FZHAFBAIYAF65257 t 7/01/04 51,500.00 393 78 Maclander Trailer SN. M029GV Uni 7/01/04 900.00 394 78 Maclander Trailer SN. M037GV Uni 7/01/04 900.00 395 80 Maclander Trailer 410GV SN.1179c 7/01/04 1,000.00 396 85 Trail Eze Trailer SN.1DA72C1D1EM 7/01/04 5,000.00 399 85 Maclander Trailer 30' HGV SN. M49 7/01/04 2,500.00 400 85 Maclander Trailer 30' HGV SN. M41 7/01/04 2,500.00 40185 Maclander Trailer 30' HGV SN. MAC 7/01/04 2,500.00 Page 68 402 85 Trail Ez Trailer SN. 1DA72C212FMO 7/01/04 5,000.00 403 86 Trail Ez Trailer SN. 1DA72C223GM0 7/01/04 5,000.00 404 88 Trail Ez Trailer SN.1DA72C2N4HM( 7/01/04 5,000.00 405 87 U-38 Fountaine Trailer 5N.13N142. 7/01/04 5,000.00 406 90 Fountaine Trailer SN. 13N1422C8L] 7/01/04 5,000.00 41103 Chevy Pickup SN. 1GCHK24U33Z12 7/01/04 22,500.00 447 2007 GMC Sierra 7/02/07 26,018.87 452 2008 DRSN Trailer 12/27/07 3,146.50 456 2007 Sterling Acterra 8557 2/29/08 64,856.00 463 Engine for 2002 Ford F651(#322) 2/01/09 7,926.25 486 2013 FreightlinerY0365 11/02/12 69,000.00 487 2007 Sterling (TRK39) Overhaul 5/31/12 17,517.57 490 2013 Dodge 2500 518305 9/13/13 53,794.00 491 2013 Ford F150 20377 10/14/13 39,329,00 492 2013 Ford Escape 30056 10/14/13 28,029,00 493 2013 GMC Sierra 10737 11/12/13 36,000.00 536 TRK 29 Repairs 1/22/14 1,486.50 537 TRK09 Repairs 3/31/14 4,288.95 538 2014 Ford Escape 37578 4/30/14 24,982.00 539 TRK40 Winch 6/30/14 3,043.11 541 2015 Freightliner GJ4105 12/31/14 71,015.00 542 TRK23 Repairs 7/17/14 5,780.35 544 2014 Dodge Durango 49254 7/07/24 45,569.00 545 2014 Ford Escape 22339 4/30/14 25,088.00 563 2015 Freightliner M2 106 J4105 (TRK1 21/30/15 24,098.75 564 2000 FORD F650 REHAB (TRK24C) 9/25/15 3,054.16 565 2004 Sterling Rehab (TRK40) 11/30/15 23,066.96 567 1977 DELTA 8X44 REHAB (TRL200) 9/18/15 2,433.06 568 1986 TRAILEZE 4143 REHAB (TRL28) 11/30/15 2,020.95 569 1985 MACLANDER 30' FLAT REHAB (TF 8/20/15 6,367.75 575 2016 Cadillac Escalade 12/30/15 83,276.00 598 Trucks/Trailers Rebuild 11/30/16 85,821.73 599 2016 Freightliner 11/28/16 79,000.00 600 2016 GMC Truck 2/22/16 9,450.00 601576GF282H1030280 8/31/16 6,336.75 602 DR Custom 1029653 4/07/16 4,300.00 603 DR Custom 1029654 4/07/16 4,300.00 605 TRL026 Graphics 4/30/16 2,508.32 662 TRK011 Steering Sector 10/31/17 514.26 663 TRK 010 8/31/17 673.05 664 TRK 18A, MTL HSG 10/27/17 681.81 665 COM A02 6/01/17 690.19 666 DUM F01, Steel Cross Member, LED G 6/30/17 737.19 667 Tral 051 Wheel Seals 10/31/17 748.51 668 COM 510 3/31/17 941.74 669 TRK 1501 2/28/17 1,132.26 670 TRK 501 3/17/17 1,144.60 Page 69 671 TRL 066 7/31/17 2,334.99 672 TRL 034-Floor Rebuild Supplies 12/13/17 2,367.60 673 TRL 022 2/28/17 2,479.85 674 TRL 035 2/28/17 2,544.46 675 TRL 028 9/29/17 3,114.84 676 TRL 173 8/31/17 3,450.00 677 TRK 009 2/28/17 3,703.44 678 TRK 24 3/30/17 3,895.61 679 TRK 301 Rebuild 1/25/17 8,757.89 680 Winch Kits 10/31/17 16,365.00 682 TRK 172 3/30/17 23,767.63 683 2017 Ford Pickup 3/07/17 31,798,36 693 TRL 053, Powercoil, Air Hoses 10/27/17 158.08 s` 694 Dave Humble 8/32/17 343.25 695 TRK 08A, Module Assy 11/27/17 466.34 697 TRK 010 - DPF Module/Sensors (REBUI 3/30/18 1,908.08 698 TLR 063 - Shocks Receiver Airbag etc (l 3/30/18 1,907.61 699 TRK 1307 STEAMER (REBUILD) 3/01/18 1,717.82 700 TLR 050 REBUILD 4/01/18 738 74 ,738.74 7, 701 TRL 303 AIRBAGS (REBUILD) 4/30/18 702 BLAST HOSE 4/30/18 2,212.95 703 TRK 047 (REBUILD) 5/31/18 989.16 704 TRK 501 REBUILD 5/31/18 7,340.57 705 TRK 009 Rebuild 6/30/18 2,169.50 706 TRK 010 TOOL BOX 7/31/18 878.94 707 WRAP -New Rig 7/11/18 2,169.69 708 Ford Escape Graphics Wrap 7/11/1$ 364.91 709 TRL 01 AXLES (REBUILD) 8/31/18 1,492.44 710 2017 FORD F450 9/11/18 53,937.60 711 Rope/Blocks/Anchors 9/28/18 972.94 712 FLATBED TRAILER 10/24/18 18,105.00 713 TRL 034 (REBUILD) 10/31/18 25,253.38 714 TRL 174 Rebuild 10/31/18 2,496.16 715 TRK 182 Rebuild 11/30/18 10,216.59 716 TRL 61(REBUILD) 11/30/18 2,011.65 717 STK D04 (REBUILD) 11/30/18 171.00 718 STK-D05 (REBUILD) 11/30/18 171.00 719 TRK 172 Rebuild 11/01/18 1,840.88 720 STK D02 BODY WORK (REBUILD) 9/28/18 3,521.45 721 STK-D03 (REBUILD) 12/04/18 10,227.59 722 TRL 185 Nylon Tubing (REBUILD) 12/12/18 3,495.23 723 TRK 040 - Air spring (REBUILD) 12/12/18 348.06 724 2017 White Ford F-750 Truck 12/26/18 46,700.00 1500-040 Vehicles/Trucks 1,741,508.22 Group: 1500-050 Leasehold Improv Page 70 139 1/2 int doors & trim 8/18/92 1,500.00 140 sign 8/21/92 1,653.00 141 Int/ext painting & signage 9/01/92 19,200.00 142 yard crance 9/01/92 10,150.00 143 overhead doors 9/01/92 21,750.00 1441ighting 9/01/92 8,500.00 145 radiant heating 9/01/92 12,600.00 146 roof & side panel replacement 9/01/92 175,000.00 147 masonry work 9/01J92 36,800.00 148 yard &site work 9/01/92 14,500.00 151 1/2 int wall covering 9/28/92 2,088.73 153 environ assess / survey Oak 10/15/92 2,967.90 155 1/2 int parking lot and drvway 10/26/92 2,972.50 156 brass letters & logo 11/18/92 527.00 158 1/2 Int. - Electrical 5/03/93 1,170 91 159 1/2 int. - Refinish Woodwork 5/14/93 926.26 160 Title Ins, - Building 7/01/93 985.50 161 Appraisal Fee 9/21i93 1,325.00 162 1/2 int. -Rock for Yard 10/12/93 1,708.04 163 Frrsbee Plumbing 10/31/93 10,000.00 164 Dicks Electric 10/31/93 3,000.00 165 Fencing, Superior Fencing 11/14/94 1,342.67 296 RADIANT HEAT -SHOP HEATERS 12/17/98 9,183.69 332 1/2 interest In Office Remodeling 2/08/01 3,947.50 418 Alarm System 8/31/04 6,120.00 461 Drake Reroof 5/31/08 10,000.00 467 Landscaping 8/31/09 8,535.50 489 CB-2500-CFMP Furnace 2/23/12 8,374.00 527 Landscaping PM Building 11/24/14 16,122,50 529 Sprinkler System PM Building 11/24/14 2,149.65 531 PM Building Sign 10/09/14 20,284.63 533 Boring Between 1610 & 1600 Minnesc 9/22/14 678.40 534 Perkinson/Replace Mini -Split 9/30/14 1,427.00 546 PM Building Lighting 12/01/14 20,000.00 547 PM Building Alarm System 12/01/14 1,346.94 570 LIGHT FIXTURES 1/29/15 619.31 571 LIGHT FIXTURES 1/29/1S 3,852.04 572 GF ELECTRIC/OFFICE LIGHTS 5/20/15 1,206.64 573 MJB BLDG BOILER REPLACEMENT 3/31/15 6,125.00 574 2015 WALNUT REMODEL 10/31/15 40,773.98 684 Boring Water line for PMB 10/25/17 1,400.00 696 Sprinkler Line/switch 12/29/17 287:94 1500-050 Leasehold Improv 493,102.23 Group: 1800-005 Goodwill Page 71 427 Water Tower Paint and Repair Goodw 7/01/04 250,000.00 1800=005 Goodwill 210,000.00 Grand Total 5,542,022.96 Page 72 Maguire Iran, Inc. A WORKPLACE ACCIDENT AND INJURY REDUCTION (AWAIR) PROGRAM MAGUIRE IRON INC. 16I0 MINNESOTA AVE. SIOUX FALLS, SD 57144 Date Prepared: February 27, 2006 Date last reviewed: May 12"', 2015 Prepared by: Lary Nierengarten Environmental, Health & .Safety 1XI-eclO/' - C'IiSC'O Page 73 Table of Contents SECTION PAGE Introduction.............................................................. ......................... A Workplace Accident and Injury Reduction (AWAIR) Overview ..................... 2 Health & Safety Responsibilities......................................................................... 3 HazardAnalysis.................................................................................................... 4 Communication..................................................................................................... 7 Investigating and Correcting Accidents................................................................ 8 Enforcement.......................................................................................................... 9 Appendix: A. Health & Safety Policy Statement (see: Employee Manual) B. Safety Meetings (see: Employee Manual) C. Safety Meeting Toolbox - (form) D. Employee Safety Orientation (see: PowerPoint Presentation or Outline). E. Weekly Safety Audit - (Job -site & Plant Safety Checklist - form) F. Hazard Report Form (see: Safety Hazard - Identification & Reporting - process) G. Performance Evaluation Review - (form) H. Occupational Accident/Incident report form I. OSHA 300A Summary of Injury/Illnesses (form completed by Safety Director) J. How "We" Solve Problems (grievance process) K. Corrective Discipline Form (see: Counseling Memo) Page 74 Introduction Maguire Iron Inc. has established all AWAIR program to comply with the Minnesota Occupational Safety and Health Administration (MN/OSIIA)'s "A Workplace Accident and Injury Reduction" (AWAIR) standard. Compliance is required in reference to our "Standard Industrial Classification" (SIC) code:1629 (Classification: Heavy Construction) & the "National American Industrial Classification Standard" (NAILS) # 23493 (Classification: Industrial Nonbuilding Structure Construction) and in accordance to accident or injury rates specified in the standard - which pertains to Construction. Maguire's Manufacturing Plant is classified as SIC # 3442 (Classification: Heavy Gauge Tanks) NAICS #33242 (Classification: Metal Tank (Heavy Gauge) Manufacturing) and is also subject to compliance with this MN/OSHA standard. This program is shall be modified to adapt to specific conditions and policies as needed. In addition, Maguire Iron Inc. is responsible for the implementation, enforcement and updating of the AWAIR program. The program is to be reviewed and updated annually. Page 75 A Workplace Accident and Injury Reduction (AWAIR) Overview On January 1, 1991, Minnesota adopted and amendment to Minnesota OSHA Statues that requires employers to develop and use a formal workplace accident and injury and reduction program. Employers engaged in certain specified SIC (Standard Industrial Classification) codes are required by legislation to develop and implement a written safety and health program with specific actions designed to reduce the incidence of workplace accidents and injuries. " WORKPLACE ACCIDENT AND INJURY REDUCTION" - (AWAIR) ACT Minnesota Statute 182.653 Sub. d. 8 WORK PLACE PROGRAMS. An employer covered by this section must establish a written workplace accident and injury reduction prograrn that promotes safe and healthful working conditions and is based on clearly stated goals and objectives for meeting those goals. The program must describe the following; 1) How managers, supervisors, and employees are responsible for implementing tine program and how continued participation of management will be established, measured, and maintained; 2) The methods used to identify, analyze, and control new or existing hazards, conditions, and operations; 3) How the plan will be communicated to all affected employees so that they are informed of work -related hazards, conditions, and operations; 4) How workplace accidents will be investigated and corrective action implemented; and 5) How safe work practices and rules will be enforced. An employer must conduct and document a review of the workplace accident and injury reduction program at least annually and document how procedures set forth in the progam are met. HEALTH AND SAFETY RESPONSIBILITIES President (including Vice Presidents for Tank and Iron) — is responsible for ensuring; I . An effective policy for health and safety is prepared and maintained. 2. Company safety policies are reviewed at least once every two years (or sooner should a policy or program be revised). 3. Conlpany policy is effectively communicated. 4. Ensuring that responsibilities for managing health and safety are established and that these responsibilities are effectively communicated. 5. Ensuring adequate resources are provided, so that the policy can be effectively carried out. 6. Ensuring that a safety program is established and adhered to. 7. Ensuring the health, safety and welfare of all employees, and all those others who are affected by the operations of the company. Page 76 Director of Human Resources — is responsible for: I - Having an effective Health and safety policy is prepared and presented to the President for approval. 2. Ensuring policy is reviewed every two years and recommendations are made to the President for approval. 3. Communicating effectively throughout the workforce. 4. Ensuring that Safety Director, Production Manager and Job -site Foremen know and accept their responsibilities for die implementation and maintenance of the health and safety policy, and are trained to play their part. 5. Ensuring that a safety program is developed and submitted to the President for approval. 6. Ensuring that the safety program is monitored and that reports of progress in achieving the program are presented to the President on a consistent basis. 7. Ensuring the adequacy of safety training for employees. 8. Ensuring that reports are generated to show losses incurred from workplace accidents, illness and other occupational related sickness. Safety Director - is responsible for: I. Advising the company and its management on safety related issues. 2. Generating the safety program, and presenting it to the Safety Director. 3. Providing support for management in achieving -compliance with the safety program. 4. Identifying safety and health related issues for attention within the company. S. Providing safety and health expertise on safety and health issues. 6. Providing a safety and health resource within the company. 7. Providing training on safety and health issues. 8. Guiding and stimulating the safety and health meetings. 9. The safety, health and security coordinator is responsible for liaising with safety and health agencies, such as: Federal and State Occupational Safety and Health Administration (OSHA), Department of Labor and Industry (DLI), Department of Health (MDH), Fire, Life & Safety Codes, etc. Plant Manager — is responsible for: 1. Day to day health and safety of the plant. 2. Ensuring the observance of all rules and systems which are in place to support the health and safety policy. 3. Ensuring that the safety goals and objectives are promulgated throughout the production and subordinates. 4. The plant manager is responsible for ensuring that all persons are trained to carry out the work that they are assigned to. 5. The plant manager is responsible for ensuring that employees under their control have adequate safety training. 6. The plant manager is responsible for ensuring that all specified accidents and incidents are investigated. 7. The plant manager is responsible for ensuring that all corrective actions to eliminate hazards in the workplace are taken. 8. The plant manager is responsible for ensuring that all relevant information, is provided to the executive. Page 77 All Job -Site Foremen (Supervisors) and the �IManufacturhig Plant Manager are: t. Responsible for ensuring the health and safety of all those who work or visit their area of authority. 2. Responsible for ensuring the adherence to all safety rules. 3. Responsible for ensuring that they set the example for safety compliance. 4. Responsible for ensuring that all hazard reports receive immediate attention and that corrective actions are taken as soon as possible. 5. Responsible for ensuring that all specified accidents and incidents are investigated as soon as possible, and that all corrective actions to prevent a recurrence are taken as soon as possible. G. Responsible for ensuring that regular safety inspections of their area are carried out, and that all corrective actions are taken as soon as possible. 7. Responsible for ensuring that all relevant safety and health information is presented to the Safety Director as required. Field Safety Coordinator (as assigned) — is responsible for: I. Advising the company management on safety related issues. 2. Providing support for management in achieving; compliance to the safety program. 3. Identifying safety and health related issues for attention within the company. 4. Providing safety and health expertise on job -site safety and health issues.- 5. Assisting with safety and health resources within the company. G. Providing training on safety and health issues as assigmed. 7. Guiding and stimulating safety and health toolbox meetings as assigned. 8. Liaising with the Safety Director. All Employees — are responsible for: t. Evaluate and monitor potential hazards, and report hazards detected to their immediate supervisor. 2. Complying with all safety rules - at all times. 3. Keeping the workplace clean and tidy. 4. Participating with the company on safety and health issues. 5. Attending and taking part in all safety training provided. 6. Consistently monitor and maintain Personal Protective Equipment (as assigned to each employee) in order to ensure full protection for each PPE is designed to do. Hazard Analysis Accidents in the workplace occur due to a variety of contributing factors. Some of these causes include the following examples. Human • Lack of employee training. • Negligence or recklessness. • Stress, fatigue. • Negative attitude. • Unsafe work practices. Page 78 Property/Facility • Slippery or cluttered walking surfaces • Inadequate lighting. • Power sources and electrical service not locked -out. Lack of machine guarding. • Lack of warning signs or labels. • Lack of handrails. operations • Hazardous materials • Tool/work-station design, • Manual lifting. • Lack of defensive driving training (forklift, bus drivers) • Confined spaces, • Lockout/Tagout (control of energized equipment) • Poor housekeeping • Lack of standard (safe) operating procedures. • Lack of equipment maintenance. Maguire Iron Inc. uses various methods to identify new or existing hazards, conditions or operations. Means of identifying hazards include the following: • Visual walk-through inspections (see checklist) • Employee input (by means of: open door policy, toolbox meetings and safety concerns. Ernployee(s) can also provide input directly with the Safety Director, besides the immediate Foreman (Supervisor). • Monitor employee absenteeism (monitored by Safety Director and Accounting Administrative Assistant for work related health and safety related issues, follow-up and resolution). • Re -occurring injuries or accidents (review re -occurring cases with employees and management through toolbox meetings and provide recommendations for resolution of such cases, either through PPE, Administrative or Engineering Controls). • Review of work practices/procedures (observation of such practices/procedures are presented and discussed at safety meetings for resolutions). • OSHA 300/300A - Log and Summary of Occupational Injuries and Illnesses, and are reviewed at safety toolbox meetings. • Insurance data. (Injury cases, trends and resolutions are discussed with Maguire Workers' Comp. Carrier. • Evaluation of infornnation presented to President, Vice President (Tank and Iron divisions), Job - site Plant Manager, Job -site Foremen and subordinates. Hazards are evaluated relative to their potential consequences and probability. Once evaluated, hazards are then prioritized and according to various jobs or functions with the greatest potential for injury. A commonly used procedure in identifying and evaluating hazards is the Job Hazard Analysis. This procedure is based on the following steps: Step l: Survey the workplace to identify jobs most hazardous (or highest injury rate) relative to standards and work practices. Page 79 Step 2: Analyze those hazards identified by outlining the process flow or procedures involved in the task. This will identify specific hazards associated with various steps in the overall task, Step 3: Establish safe procedures or corrections to each step where hazards have been identi f►ed, Actual control or corrective measures for hazards identified and analyzed typically involve one of, or combination of, the following: • Engineering controls • Administrative controls • Personal Protective Equipment (PPE) Engineering Controls The preferred control measures by OSHA, where feasible, are engineering controls. The intent is to eliminate or reduce the hazard by controlling the hazard itself. The following are examples of engineering controls: • Re -design of an operation or piece of equipment (for example, adding a machine guard). • Isolating the hazard from the worker (for example, construction of a guardrail or barrier, power or electrical source lock -out). • Automated lift device. Administrative Controls The following are examples of administrative controls: • Employee training and education, • Establishing work practices or standard operating procedures. • Housekeeping activities. • Buddy system (no one works alone concept). • Labeling or warning placards. • Security to restrict access. Personal Protective Equipment - (PPE) PPE is used in situations where engineering or administrative controls are not feasible or fully effective. The following are examples of PPE controls we currently have in -place. • Protective clothing (safety shoes, safety glasses, safety goggles, gloves, bump caps, aprons, etc.). • Respirators (half face & air supplied fill face) • Ear Plugs Page 80 hi all cases, Maguire's AWAIR program defines specific goals and objectives to correct or control identified hazards as warranted to reduce if not eliminate a potential risk for injury or illness. In addition, periodic job Hazard analysis may be conducted to identify any modifications to a certain operation or task, as well as to identifying potential hazards. Communication Maguire's written program specifies how the overall program is communicated to effected employees to assure their knowledge of the hazards present and control measures involved. Employees with known hazards associated with their respective job functions receive training on the AWAIR program. Components of the training program include the following topics: • Employee Safety Training (see: PowerPoint Presentation) Safety and Health policies (see: Employee Information Manual and reference with Foreman's Safety Manual). • Staff responsibilities (see section on: Health & Safety Responsibilities). a Applicable OSHA standards. • Review of standard operating procedures or safe work practices (info. provided through Shop Floor Instructions, Operating Procedures & Instructions (OPI), Tool Box Meetings, and Maguire's safety policies and programs, • Review of control measures (Engineering, Administrative and PPE), • Reporting procedures (for: injuries, near miss conditions, and potential hazards). • Accident, Incident and Near Miss Investigation procedures (active participants include Managers, Job -site Foremen (Supervisors) Safety Director (sub -ordinates as warranted). Training is provided to all new employees prior to commencement of any work with identified hazards. Training is provided annually thereafter to review safe work practices and any new hazards identified. Maguire retains all training records through the Human Resources (H.R.) dept. for three years (minimum). Attendance forms are used to document training of employees. gniire uses one or more of the following forms of In addition to the training program, Ma communication to maximize the effectiveness of the AWAIR program: Updates, articles or notices (examples: e-mail and post safety notices and alerts, Employee Information Bulletin Boards, Pay period Envelop Stuffers, Memos, Open Door Policy, Records of toolbox safety meetings, Voice Mail, and correspondences. • Training sessions, including safety orientation of hew hires. 0 Make available to each employee, a copy of Maguire's safety policies (as addressed in Employee Information Manual). 0 PowerPoint presentation, is used to provide AWAIR training to employees. + Minn. & Federal OSHA health and safety (employee rights) requirements is posted in the plant employee lunch room and at all job -sites. • Maguire Iron Inc. encourages input from employees through various means as mentioned above, and is responsive towards resolving safety and health issues and concerns as they arise. • Toolbox (Labor/Management meetings) are conducted weekly (at a minimum). There may be specific projects or tasks which may require additional meetings as necessary. Page 81 Investigation and Correcting Accidents Investigations of all accidents, including near mishaps are conducted as soon as possible, after the event or first report of injury. Investigations are conducted by employees who are authorized and trained to do so. They include, but not limited to the following: ■ President ■ Vice president (Tank Division) ■ Vice President (Iron Division) ■ Plant Manager ■ Job -Site Foreman ■ Safety Director ■ Safety Coordinator (Job -site as assigned) ■ Joint (Labor/Management) task force (when applicable) Purpose of conducting investigations is to determine the cause to prevent its re -occurrence through corrective actions. In all cases, administering first aid or medical care to the injured is the first priority. Maguire Iron Inc. has ail "Emergency Responder" at the plant and job -sites who are trained in First Aid/CPR (minimum) to handle emergency situations. In order to investigate, it is imperative that every employee promptly report any -accident or near mishap, without employee tear, embarrassment or concern for repercussions associated with reporting accidents. Maguire Iron Inc. is required to report, within 8 hours to OSHA, any fatal accident or one which results in the hospitalization of 3 or more employees. Investigation of any accident shall be thorough and objective in nature. Again, the principle goal of any investigation is to identify the causal factors (asking; the traditional - who, what, why, where, when and how). Results from the investigation are used to make adjustments and recommending; control measures to prevent re -occurrence. All injuries or illnesses are recorded oil the OSHA 300 Log and Summarized on the OSHA 300A form (signed by the President) and posted on employee inforination bulletin boards. An Accident/Incident Investigation c& Corrective Action form is used to identify and abate all hazards presented. Enforcement Maguire Iron Inc. has implemented the following monitoring and enforcement activities to promote active participation and compliance with the AWAIR program: • Review and update the AWAIR plan annually. • Conduct periodic facility and jobsite audits to review safe work practices (see: Jobsite Checklist). • Hold employees accountable by incorporating their responsibilities within Maguire's performance evaluation and reviews). • Review the level of effectiveness afforded by control measures in -place (review past injury data). Page 82 Main Office P605,336,520D 100 Soulh Phillips Avenue www.fnbsf.com Sioux Falls, SD 57104 -M. �'irs-tNpatinh in Sonloux ealBank RE: Maguire Iron, Inc 300 W Walnut St PO Box 1446 Sioux Fags, SD 57104-1446 To Whom It May Concern: Maguire Iron, Inc has been a customer of The First National Bank in Sioux Falls since May of 1969. They -typically average mud to upper six figure balances in their deposit accounts and have maintained a low seven figure line of credit as well. They have handled all accounts as agreed and are a valuable customer to the bank, If you have any questions or need anything further, please don't hesitate to contact me at 605-335-2958 or Rchauglan fnbsf com. Sincerely, Eric Haugland Assistant Vice President Page 83 Financial Statements December 31, 2018 and 2017 Maguire Iron, Inc. AM "ill Y. cool Eide"nailly. Page 84 Maguire Iron, Inc. Table of Contents December 31, 2018 and 2017 IndependentAuditor's Report.................................................................................................................................... I Financial Statements BalanceSheets....................................................................................................................................................... 3 Statementsof Income and Retained Earnings........................................................................................................ 4 Statementsof Cash Flows...................................................................................................................................... 5 Notesto Financial Statements................................................................................................................................6 Supplementary Information Schedulesof Cost of Revenue............................................................................................................................ 15 Schedules of Selling, General and Administrative Expenses..............................................................................16 Page 85 EideBadly, CPAs ✓t BUSINESS ADVISORS Independent Auditor's Report The Board of Directors Maguire Iron, Inc. Sioux Falls, South Dakota We have reviewed the accompanying financial statements of Maguire Iron, Inc., which comprise the balance sheet as of December 31, 2018, and the related statements of income and retained earnings and cash flows for the year then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of Company management, A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error Accountant's Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountant's Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Other Matter The accompanying supplementary information included on pages 15 and 16 is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from, and relates directly to, the underlying accounting and other records used to prepare the financial statements. The supplementary information has been subjected to the review procedures applied in our reviews of the basic financial statements. We are not aware of any material modifications that should be made to the supplementary information. We have not audited the supplementary information and, accordingly, do not express an opinion on such information. Mot inspires you, inspires us. I eidebailly.coul 1911 Excel Dr. ; Mankalo, MN 56001.6281 1 T 507.387.6031 1 F 507,387,6436 i EOE Page 86 Prior Period Financial Statements The balance sheet as of December 31, 2017 was audited by us, and we expressed an unmodified opinion with respect to the financial position of the Company as of that date in our report dated March 14, 2018, We were not engaged to audit the statements of income and retained earnings and cash flows for the year ended December 31, 2017, and, accordingly, did not express an opinion on the Company's results of operations or its cash flows for the year then ended. The statements of income and retained earnings and cash flows for the year ended December 31, 2017 were reviewed by us, and in our report dated March 14, 2018, we concluded that we were not aware of any material modifications that should be made to these financial statements in order for them to be in conformity with accounting principles generally accepted in the United States of America. A review is substantially less in scope than an audit and does not provide the basis for the expression of an opinion regarding the financial statements as a whole. Accordingly, we t. did not express such an opinion. Mankato, Minnesota March 6, 2019 2 Page 87 Assets Current Assets Cash Receivables Costs and estimated earnings in excess of billings on uncompleted contracts Inventories Due from Maguire Tank, Inc. Prepaid expenses Total current assets Property and Equipment, Net Costs and estimated earnings in excess of billings on uncompleted contracts Other Assets Goodwill Investment Life insurance receivable Total other assets Liabilities and Stockholders' Equity Current Liabilities Checks issued in excess of bank balance Line of credit Current portion of long-term debt Stockholder advances Accounts payable Accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Total current liabilities Long -Term Liabilities Long-term debt, less current portion Billings in excess of costs and estimated earnings on uncompleted contracts Stockholder advances Total liabilities Stockholders' Equity Common stock: 50,000 shares authorized, par value $10; Maguire Iron, Inc. Balance Sheets December 31.2018 and 2017 20t8 2017 Reviewed Audited $ - $ 46,521 5,139,942 5,229,595 1,962,815 1,106,858 370,453 414,107 380,098 - 25,655 20,738 7,878,963 6,817,819 1,663,434 1,589,864 2,027,747 1,575,186 - 125,000 150,000 - 111,214 192,231 64,070 64,070 300,284 406,301 $ 11,870,428 $ 10,389,170 $ 58,788 $ - 3,935,000 3,978,000 635,310 462,275 - 447,500 1,294,552 756,435 563,730 655,819 412,939 226,882 6,900,319 6,526,911 718,833 456,391 361,585 1,705,000 1,342,500 9,685,737 8,325,802 1,215 shares issued and outstanding 12,150 12,150 Retained earnings 2,172,541 2,051,218 Total stockholders' equity 2,184,691 2,063,368 $ 11,870,428 $ 10,389,170 See Independent Accountant's Review Report and Notes to Financial Statements 3 Page 88 Maguire Iron, Inc. Statements of Income and Retained Earnings Years Ended December 31, 2018 and 2017 2018 2017 Reviewed Reviewed Revenue $ 23,667,393 $ 22,102,335 Cost of Revenue 20,126,284 17,146,020 Gross Profit 3,541,109 4,956,315 Selling, General and Administrative Expenses 2,943,940 4,554,869 Income from Operations 597,169 401,446 Other Income (Expense) Gain on disposal of property and equipment 7,866 Interest expense (387,491) (194,696) Other expense (88,355) (149,968) Total other expense (475,846) (336,798) Net Income 121,323 64,648 Beginning Retained Earnings 2,051,218 1,986,570 Ending Retained Earnings $ 2,172,541 $ 2,051,218 See Independent Accountant's Review Report and Notes to Financial Statements 4 Page 89 Maguire Iron, Inc. Statements of Cash Flows Years Ended December 31, 2018 and 2017 2018 2017 Cash Flows from Operating Activities Reviewed Reviewed Net income Adjustments to reconcile net income to net cash $ 121,323 $ 64,648 from (used for) operating activities Depreciation 399,441 422,993 Amortization Gain on disposal of property and equipment 25,000 - 25,000 (7,866) Loss from investment 83,517 127,361 Changes in Receivables `. 89,653 (1,694,467) Costs and estimated earnings in excess of billings on uncompleted contracts (1,308,518) (1,437,350) Inventories Prepaid expenses 43,654 (4,917) 41617 5,337 Due to/from related party (380,098) (1,433,839) Checks written in excess of bank balance 58,788 Accounts payable and accrued expenses - 446,028 (14,136) Billings in excess of costs and estimated earnings on uncompleted contracts 547,642 (21,669) Net Cash from (used for) Operating Activities 121,513 {3,922,371} Cash Flows from Investing Activities Investment capital contributions (2,500) (1 t5,000) Proceeds from disposal of property and equipment 26,600 10,000 Purchase of property and equipment _ (499,611) - Net Cash used for Investing Activities (475,511) (105,000) Cash Flows from Financing Activities Net line of credit borrowings (repayments) (43,000) 3,978,000 Proceeds from stockholder advances 1,177,500 1,100,000 Payments of stockholder advances (1,262,500) (1,340,000) Proceeds from issuance of long-term debt 1,000,000 435,797 Long-term debt repayments (564,523) (434,082) Net Cash from Financing Activities 307,477 3,739,715 Net Change in Cash (46,521) (287,656) Beginning Cash 46,521 334,177 Ending Cash $ - $ 46,521 Supplemental Disclosures of Cash Flow Information Cash paid for interest $ 387,491 $ 194,696 Supplemental Disclosures of Non -Cash Investing and Financing Activities Property and equipment acquisitions financed with long-term debt $ - $ 570,498 See Independent Accountant's Review Report and Notes to Financial Statements 5 Page 90 Maguire Iron, Inc. Notes to Financial Statements December 31, 2018 and 2017 Note 1 - Principal Business Activity and Signiflcant Accounting Policies Principal Business Activity We, Maguire Iron, Inc. (the Company), are one of the largest providers of painting, repairs and maintenance services for water towers, ground storage water tanks, and various other water storage facilities in the Midwest. Our market concentration expands into 35 states with our primary offices and production facilities located in Sioux Falls, South Dakota. Our maintenance and repair services include heavy equipment welding, sandblasting, painting, component part replacement and emergency services. Our growth and innovation includes evaluating new extended life paint products, developing new blasting and containment processes and introducing other new services or technologies to our customers. Generally, we perform work under fixed -price contracts with durations of one to three months. We are also procuring longer term maintenance contracts. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues, expenses, and costs during the reporting periods. Actual results could differ from those estimates. Concentrations The Company's financial instruments that are exposed to concentrations of credit risk consist primarily of cash and contract receivables. We believe our cash is placed with high quality credit institutions; however, intermittent cash balances may be in excess of the Federal Deposit Insurance Corporation (FDIC) insurance limit due to the seasonality of our business. Our operating performance and outlook are strongly influenced by such factors as municipal growth, general economic conditions in regions or municipalities within the states we serve, the number of water storage facilities requiring our services, municipal credit availability, and other competitive factors in our industry. Our operations are dependent on the level of governmental funding of water projects along with availability of cash flow from private water districts or rural water cooperatives. Because of the nature of our business, receivables generally consist of amounts due from municipalities and rural and private water districts. Receivables Generally, receivables are uncollateralized customer obligations in the form of pay estimates due under normal terms requiring payment within 30 days. The Company applies payments to the earliest unpaid invoices and generally does not charge interest on past due accounts. We grant credit to customers subsequent to a favorable credit analysis. We estimate an allowance for doubtful accounts based upon an evaluation of the current status of receivables, historical experience, and other factors as necessary. It is reasonably possible that the Company's estimate of the allowance for doubtful accounts may change as our business grows. When accounts become uncollectible, they are written off. Due to varying size and scope of our contracts, individual receivables may represent a substantial portion of the total outstanding balance. 6 Page 91 Maguire Iron, Inc. Notes to Financial Statements December 31, 2018 and 2017 Revenue and Cost Recognition Revenue from contracts is recognized on the percentage -of -completion method, principally in the ratio of costs incurred to total estimated costs. Accordingly, income is recognized proportionately over the term of the contract rather than at completion date. Asset management contracts are multi -year maintenance agreements whereby the Company is committed to perform maintenance activities and periodic refurbishments of elevated and ground storage water reservoirs. These contracts are in effect for a period of up to twenty years and are generally cancellable with required minimum notice, Such agreements may also contain automatic renewal clauses. Annual payments are generally fixed for the duration of the contract. Revenue from asset management contracts is recognized on the percentage - of -completion method, consistent with the method used by the Company to recognize revenue on other contracts. Contract costs include all direct material, subcontract, and labor costs and certain indirect costs related to contract performance. Selling, general, and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, estimated profitability, and final contract settlements may occur and result in revisions to costs and income and are recognized in the period in which the revisions are determined. The asset, "costs and estimated earnings in excess of billings on uncompleted contracts," represents revenues recognized in excess of amounts billed on contracts in progress. The liability, "billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess of revenues recognized on contracts in progress. Based on the scheduled maintenance activities of various asset management contracts and the expected billings thereon, certain of these amounts are not expected to be realized within one year of the balance sheet date. These amounts are presented as long-term assets and liabilities in the accompanying balance sheets. Inventories Inventories consist of materials and supplies and are stated at the lower of cost (determined on a first -in, first -out basis) or net realizable value. Property and Equipment Property and equipment is recorded at cost. Expenditures for renewals and improvements that significantly add to the productive capacity or extend the useful life of an asset are capitalized. Maintenance and repairs that do not improve or extend the life of an asset are expensed as incurred. Depreciation is provided on the straight-line method over estimated useful lives of respective assets, which range from four to thirty-two years. We review the carrying value of property and equipment for impairment whenever events and circumstances indicate that the carrying value of an asset may not be recoverable from the estimated fiiture cash flows expected to result from it use and eventual disposition. In cases where undiscounted expected future cash flows are less than the carrying value, an impairment loss is recognized equal to an amount by which the carrying value exceeds the fair value of assets. The factors considered by management in performing this assessment include current operating results, trends and prospects, the manner in which the property is used, and the effects of obsolescence, demand, competition, and other economic factors. Based on this assessment, there was not impairment at December 31, 2018 and 2017. 7 Page 92 Maguire Iron, Inc. Notes to Financial Statements December 31. 2018 and 2017 Goodwill Goodwill represents the excess of cost over fair value of net assets acquired through acquisitions. Goodwill is amortized on the straight-line method over a period of 10 years as allowed under Accounting Standards Update (ASU) 2014-02 and will be tested for impairment upon the occurrence of an event that would indicate the fair value of the Company is below its carrying value. As of December 31, 2018 and 2017, the carrying value of the Company's goodwill was not considered impaired. Investment The Company accounts for its investment in Jonda, LLC using the equity method, which consists of equity contributions and is adjusted for its share of undistributed earnings or losses. Income Taxes The Company, with the consent of its stockholders, has elected to have its income taxed under Subchapter S of the Internal Revenue Code. This election provides that, in lieu of corporation income taxes, stockholders are taxed on their proportionate share of the Company's taxable income. Under the elected tax method, no provision or liability for income taxes is required and none is not reflected in the accompanying financial statements. The Company evaluates its tax positions on an annual basis. Management has determined that there are no uncertain tax positions at December 31, 2018 and 2017 that meet the criteria for recognition in the financial statements. The Company will recognize future accrued interest and penalties related to unrecognized tax benefits in income tax expense if incurred. Variable Interest Entities As of January 1, 2015, the Company adopted the provisions of Accounting Standards Update (ASU) 2014-07, Applying variable Interest Guidance to Common Control Leasing Arrangements. This accounting alternative allows management to elect, when certain conditions exist, not to apply variable interest entity guidance for assessing whether it should consolidate lessor entities under common control. Excise 'faxes The Company conducts business with customers in states and municipalities in which those governmental units impose excise taxes on certain revenues. The Company collects those excise taxes from its customers and remits the entire amount to the various governmental units. The Company's accounting policy is to include the tax collected and remitted in revenue and cost of revenue. Amounts collected and remitted in 2018 and 2017 were $191,914 and $46,807, respectively. Advertising The Company charges advertising production costs to expense as incurred and expenses advertising and communication costs when advertising commences. Advertising expense for the years ended December 31, 2018 and 2017 was $87,995 and $84,786, respectively. Page 93 Maguire Iron, Inc. Notes to Financial Statements December 3 1. 20 18 and 2017 Subsequent Events In determining required financial statement disclosures, the Company has evaluated subsequent events through March 6, 2019, the date which the financial statements were available to be issued. Note 2 - Receivables Receivables consist of the following: Contract billings Retainage to be paid within one year Note 3 - Uncompleted Contracts - Information with respect to uncompleted contracts is as follows: Costs allocated to contracts in progress Estimated earnings thereon Less, billings applicable thereto Included in the accompanying balance sheets under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Current Long-term Billings in excess of costs and estimated earnings on uncompleted contracts Current Long-term 2018 2017 $ 4,440,671 $ 4,995,200 699,271 234,395 $ 5,139,942 $ 5,229,595 2018 2017 $ 8,348,534 $ 7,580,760 5,188,397 3,472,401 13,536,931 11,053,161 (10,320,893) (8,597,999) $ 3,216,038 $ 2,455,162 2018 2017 $ 1,962,815 $ 1,106,858 2,027,747 1,575,186 (412,939) (226,882) (361,585) - $ 3,216,038 $ 2,455,162 Page 94 Maguire Iron, Inc. Notes to Financial Statements December 31, 2018 and 2017 Note 4 - Investment The Company has a 25% interest in Jonda, LLC (Jonda), which owns an aircraft the Company uses in the course of its operations. The equity method is used to account for the investment, a summary of which follows: 2018 2017 Capital contributions (from inception) $ 618,750 $ 616,250 Company's share of accumulated losses (507,536) (424,019) $ 111,214 $ 192,231 Maximum exposure to losses (including debt guaranty) $ 1,305,214 $ 1,469,231 The Company has determined it has a variable interest in Jonda. A variable interest entity (VIE) is an entity that either (1) has insufficient equity to permit the entity to finance its activities without additional subordinated financial support or (2) has equity investors who lack the characteristics of a controlling financial interest. A VIE is consolidated by its primary beneficiary. The primary beneficiary has both the power to direct the activities that most significantly impact the entity's economic performance and the obligation to absorb losses or the right to receive benefits from the entity that could potentially be significant to the VIE. If the Company determines that it has operating power and the obligation to absorb losses or receive benefits, the Company consolidates the VIE as the primary beneficiary, and if not, does not consolidate. The Company's environment constitutes power that is most significant to the entity when it has unconstrained decision -making ability over key operational functions within the entity. Assets recognized as a result of consolidating VIES do not necessarily represent additional assets that could be used to satisfy claims against the Company's general assets. Conversely, liabilities recognized as a result of consolidating this VIE do not necessarily represent additional claims on the Company's general assets; rather, they represent claims against the specific assets of the consolidated VIE. The Company's variable interest in Jonda results from a guaranty of debt; however, the Company is not considered to be the primary beneficiary of Jonda. Jonda's activities consist primarily of the leasing of an aircraft to the Company for use in its operations. As of and for the year ended December 31, 2018, Jonda had total assets of approximately $5,199,000, liabilities of approximately $4,777,000, and revenue totaling approximately . $1,027,000. The Company has exposure to potential Iosses with respect to its relationship with Jonda due to a 25% guaranty of its outstanding note payable, which amounts to a guaranty of approximately $1,194,000 as of December 31, 2018. The guaranty is related to outstanding debt of approximately $4,777,000, which requires payments of $45,116 monthly, with interest at a rate of 4.20% and a maturity date of January 2030. The subject indebtedness is fully collateralized by assets of Jonda, LLC and therefore, management does not believe that performance under the guaranty is probable. 10 Page 95 Note 5 - Property and Equipment Major classifications of property and equipment are summarized as follows: Maguire Iron, Inc. Notes to Financial Statements December 31, 2018 and 2017 2018 2017 Vehicles $ 1,829,267 $ 1,664,500 Equipment 2,682,689 2,451,761 Leasehold improvements 493,102 493,102 Office equipment 380,476 295,888 5,385,534 4,905,251 Less accumulated depreciation (3,722,100) (3,315,387) $ 1,663,434 $ 1,589,864 Note 6 - Goodwill Goodwill consists bf the following: Accumulated Accumulated Cost Amortization Impairment Loss Net December 31, 2018 $ 250,000 $ 125,000 $ - $ 125,000 December 31, 2017 $ 250,000 $ 100,000 $ - $ 150,000 Amortization expense for the years ended December 31, 2018 and 2017 totaled $25,000. Future amortization expense will be $25,000 per year for the years ended December 31, 2019 through December 31, 2022. The weighted average amortization expense period is ten years. Note 7 - Life Insurance The Company maintains life insurance on certain stockholders. The policies provide key -man coverage whereby the Company receives all benefits payable upon death of the insured. Face amounts of policies in place were $4,000,000 as of December 31, 2018 and 2017. The Company also has recorded life insurance receivables related to split dollar policies and respective assignment agreements. The Company will collect the receivables upon death of the insured or if the policies are terminated. Note 8 - Line of Credit The Company maintained a revolving line of credit with a bank that provided for borrowing limits of $7,000,000 and $5,000,000 at December 31, 2018 and 2017, respectively. Balances outstanding carry interest at a variable interest rate equal to the Wall Street Journal Prime Rate less 0.65% and 0.35% at December 31, 2018 and 2017, respectively. The credit line is secured by substantially all assets of the Company and matures in June 2019. Balances outstanding under this arrangement totaled $3,935,000 and $3,978,000 at December 31, 2018 and 2017, respectively. 11 Page 96 i Maguire iron, Inc. Notes to Financial Statements December 31, 2018 and 2017 Note 9 - Stockholder Advances Stockholder advances are unsecured and bear interest at a rate of 9.00%. Advances due at December 31, 2018 totaled $1,705,000 and were due on demand; however, demand cannot be made until at least January 1, 2020. As such, outstanding balances are reflected in long-term liabilities in the accompanying balance sheet at December 31, 2018. Advances due at December 31, 2017 totaled $1,790,000 and were due on demand; however, demand of 75% of outstanding balances could not be made until at least January 1, 2019. As such, $447,500 of total outstanding balances are reflected in current liabilities and $1,342,500 are reflected in long-term liabilities in the accompanying balance sheet at December 31, 2017. Note 10 - Long -Term Debt Long-term debt consists of the following: 2018 2017 3.05% note, secured by substantially all assets of the Company and guarantees of the stockholders, payable in monthly installments of $24,935, inclusive of interest, final payment due January 2020 $ 318,390 $ 602,983 3.79% note, secured by substantially all assets of the Company, payable in monthly installments of $4,418, inclusive of interest, final payment due November 2020 97,808 146,056 3.19% note, secured by substantially all assets of the Company and guarantees of the stockholders, payable in monthly installments of $8,756, inclusive of interest, final payment due June 2019 52,043 145,260 4.10% note, secured by substantially all assets of the Company and guarantees of the stockholders, payable in monthly installments of $22,652, inclusive of interest, final payment due June 2022 885,902 - 3.00% note, secured by substantially all assets of the Company and guarantees of the stockholders, payable in monthly installments of $1,890, inclusive of interest, paid in full during 2018 - 22,309 2.99% note, secured by substantially all assets of the Company and guarantees of the stockholders, payable in monthly installments of $2,066, inclusive of interest, paid in full during 2018 $ - $ 2,058 1,3� —�166 Less current portion (635,310) (462,275) $ 718,833 $ 456,391 12 Page 97 Future maturities of long-term debt are as follows: Years Ending December 31, 2019 2020 2021 2022 Note 11- Leases Maguire Iron, Inc. Notes to Financial Statements December 31, 2018 and 2017 $ 635,310 324,208 260,344 134,281 $ 1,354,143 The Company leases office and shop facilities and equipment with lease terms ranging from month to month to one year. According to the office and shop leases, the Company pays property taxes and operating expenses related to the leased properties. Rent expense from operating leases was $727,500 and $667,500 for the years ended December 31, 2018 and 2017, respectively. Minimum future obligations related to operating leases are as follows: Years Ending December 3 t 2019 $ 727,500 2020 40,625 $ 768,125 Note 12 - Related Party Transactions Maguire Tank, Inc. The Company earned revenues of $518,795 and $405,118 for subcontract work performed for Maguire Tank, Inc. (Tank), an entity related through common ownership, during the years ended December 31, 2018 and 2017, respectively. The Company incurred expenses of $794,739 and $2,020,012 for subcontract work performed by Tank during the years ended December 31, 2018 and 2017, respectively. Amounts due from Tank totaled $380,098 and $61,442 as of December 31, 2018 and 2017, respectively, and amounts at December 31, 2017 are included within receivables on the accompanying balance sheet. Additionally, the Company is the unlimited guarantor of Tank's indebtedness to a bank. The guaranty is open and continuous and includes all obligations to the bank now existing or hereafter incurred. The Company's exposure under this guarantee was approximately $1,347,000 at December 31, 2018. The subject indebtedness is fully collateralized by assets of Tank and therefore, management does not believe the Company will be required to make any payments relative the guaranty. 13 Page 98 Maguire Iron, Inc. Notes to Financial Statements December 31, 2018 and 2017 Affiliated Partnerships The Company leases office and shop facilities from Maguire Jones Boys LLC (MJB), a related entity owned by the stockholders of the Company, MJB's activities consist primarily of the leasing of buildings to the Company for use in its operations, with substantially all of the activity between the Company and MJB being related to their leasing arrangements. As of and for the year ended December 31, 2018, MJB had total assets of approximately $7,795,000, liabilities of approximately $931,000, and revenue totaling approximately $1,790,000. Rents paid to MJB were $577,500 and $517,500 during the years ended December 31, 2018 and 2017, respectively. Also, the Company pays property taxes and operating expenses related to the leased properties. j.' Additionally, the Company leases an aircraft from Jonda, LLC, an entity in which the Company has an ownership interest. Rent paid to the partnership was $ I50,000 during each of the years ended December 31, 2018 and 2017, In addition, the Company paid hangar rent to the partnership totaling $8,750 and $7,000 during the years ended December 31, 2018 and 2017, respectively. Payables due to the partnership totaled $16,050 and $22,350 at December 31, 2018 and 2017, respectively. Stockholders The stockholders made unsecured loans to the Company amounting to $1,705,000 and $1,790,000 at December 31, 2018 and 2017, respectively. Interest paid to the stockholders was $I39,588 and $114,617 during the years ended December 31, 2018 and 2017, respectively. Note 13 - Retirement Plan The Company sponsors a 401(k) defined contribution plan covering substantially all employees. The Company's discretionary contributions are determined annually by the Board of Directors and amounted to $63,754 and $53,037 for the years ended December 31, 2018 and 2017, respectively. In addition, the Company contributes to the plan amounts relating to fringe benefit payments required under contracts subject to Davis -Bacon, state prevailing wage statutes, or certain project labor agreements. These contributions to the plan amounted to $265,145 and $111,940 for the years ended December 31, 2018 and 2017, respectively, Note 14 - Backlog The following schedule shows a reconciliation of backlog representing the amount of revenue the Company expects to realize from work to be performed on uncompleted contracts at December 31, 2018, and from contractual agreements on which work has not yet begun. Balance, December 31, 2017 New contracts and change orders Contract revenues earned Balance, December 31, 2018 $ 14,549,044 26,628,170 41,177—,214� (23,667,393) $ 17,509,821 14 Page 99 Supplementary Information December 31, 2018 and 2017 Maguire Iron, Inc. eidebailly,com Page100 Maguire Iron, Inc. Schedules of Cost of Revenue Years Ended December 31, 2018 and 2017 2018 2017 Depreciation and amortization $ 424,441 $ 447,993 Employee benefits 554,779 390,526 Equipment rent 150,000 150,000 Excise and use taxes 213,839 62,689 ` Freight 288,342 87,594 Fuel 483,025 406,068 Insurance 437,104 472,201 Labor and commissions 4,267,323 3,621,133 License and bonds - 80,550 13 t,947 Materials 2,691,330 2,223,953 Miscellaneous 538,657 652,085 Payroll taxes 345,431 257,135 Plans and specifications 18,150 11,092 Office and plant rent and property taxes 614,000 570,700 Repairs and maintenance 151,216 175,847 Subcontractors 7,098,513 5,954,210 Supplies 399,401 326,108 Travel and subsistence 1,285,083 1,120,708 Utilities 85,100 84,031 $ 20,126,284 $ 17,146,020 See Independent Accountant's Review Report IS Page101 Advertising Donations Legal and accounting Meals and entertainment Miscellaneous Office expense Payroll taxes Salaries - other Salaries - officers See Independent Accountant's Review Report Maguire Iron, Inc. Schedules of Selling, General and Administrative Expenses Years Ended December 31, 2018 and 2017 2018 2017 $ 87,995 $ 84,786 81,974 73,057 55,406 63,423 92,540 79,072 26,456 54,184 148,536 121,838 98,743 130,903 657,290 832,606 1,695,000 3,115,000 $ 2,943,940 $ 4,554,869 16 Page102 SANGER CITY COUNCIL AGENDA MEMO *TEXAS AGENDA ITEM NO.7. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: Muzaib Riaz, Planner, Development Services ITEM/CAPTION: 201 N Stemmons Street - SUP Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 01-02-20 Regarding a Specific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B-2 (Business District - 2), and Generally Located West of I-35 and Approximately 200 Feet South of the Intersection of West Bolivar Street and 1-35 Service Road. AGENDA TYPE: Regular, Public Hearing ACTION REQUESTED: Other: Denial BACKGROUND: The subject property is zoned as B-2 (Business District - 2). This district does not allow the proposed use of a Trailer/RV Sales or Rental except with a Specific Use Permit (SUP). The site currently has a SUP for the same use which was approved for two years on February 5th 2018 through Ordinance # 02-03-18, with an expiration date of February 5th, 2020. The applicant is requesting a new SUP to be approved for the same use to allow them to continue their use. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Planning & Zoning Commission Recommendation The Planning & Zoning Commission DENIED (4-2) the SUP on January 13, 2020. A three -fourths (3/4) majority vote of approval is required by City Council to approve the SUP. Notification Response Form Staff mailed seven (7) public hearing notices to the owners of properties within 200 feet of the subject property. No responses were received at the tune of this report. FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: Page 103 N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff Recommendation Staff recommends DENIAL of the proposed SUP. ATTACHMENTS: Description Upload Date Type Staff Report 1 /27/2020 Backup Material Application 1 /24/2020 Backup Material Letter of Intent 1 /24/2020 Backup Material Ordinance # 01-02-20 with Exhibits A & B 1/24/2020 Ordinance Planning Comments 1/24/2020 Backup Material Engineering Comments 1/24/2020 Backup Material Page 104 SANGER CITY COUNCIL STAFF REPORT *TEXAS Meeting Date: February 3, 2020 Case #: 19SANZON-0043 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 01-02-20 Regarding a Specific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B-2 (Business District - 2), and Generally located West of I-35 and Approximately 200 Feet South of the Intersection of West Bolivar Street and I-35 Service Road. Applicant: Russell Delaughter Case Overview The subject property is zoned as B-2 (Business District - 2). This district does not allow the proposed use of a Trailer/RV Sales or Rental except with a Specific Use Permit (SUP). The site currently has a SUP for the same use which was approved for two years on February 5t" 2018 through Ordinance # 02-03-18, with an expiration date of February 5th, 2020. The applicant is requesting a new SUP to be approved for the same use to allow them to continue their use. The property is approximately 1.14 acres and is not platted. The applicant is wanting to keep the existing use without any improvements to the site. The existing development at the site does not meet City of Sanger Zoning Regulations including landscaping and screening requirements, as well as City of Sanger Subdivision Regulations. In order to meet all of City's regulations the property will need to be platted and civil engineering plans approved by the City Engineer. The property will also need to dedicate ROW to TxDOT for I-35 expansion project in the near future, which the applicant has not taken into account with this SUP. Currently, the property to the south of the subject property is a legal non -conforming RV Sales use grandfathered into the B-2 zoning district. The property to the north is being used a commercial site. Staff analysis shows that the RV sales use for the subject property does not align with the City's vision for the I-35 Corridor. Furthermore, the existing development at the site does not meet City's Zoning and Subdivision Regulations. Staff recommends denial of the SUP. Page105 Surrounding Land Uses Issues for Consideration In granting a Specific Use Permit (SUP), the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such SUP; and such conditions precedent to the granting of the certificate of occupancy. Notification Response Form Staff mailed seven (7) public hearing notices to the owners of properties within 200 feet of the subject property. No responses were received at the time of this report. Planning & Zoning Commission Recommendation The Planning & Zoning Commission DENIED (4-2) the SUP on January 13, 2020. A three -fourths (3/4) majority vote of approval is required by City Council to approve the SUP. Staff Recommendation Staff recommends DENIAL of the proposed SUP. Attachments • Application • Letter of Intent • Ordinance # 01-02-20 with Exhibits A and B • Sanger Planning Comments • Sanger Engineering Comments Page106 = Zoning Change Annifrnm SANGER *TEXAS ZONING CHANGE/SUP APPLICATION E I Specific Use Permit A--, ❑f cliff—nf fmm nnn(frantl mpnny: company: 'l�t.!f'" Adrdrdess�:� {�1 Address,, JJ y 2NZiie C 1Gf %-, /d�G City,3t ,ZtL /Q 75-457 Phone�p 0y5� r!}v�/i/ Pho�n�a; �Z0� Fax. Fax; Em� ail: 0vAf� at1.� 40Vy- 1AV,, e-6,YN Email; V SubmitW1 Chetkiist Site Pill) (for Specific Use Permits Only) totter of Intent A PNcation Pee (Check Pa abio to City of Sanger) i certify that I am the legal owner of the above reforenced property and that to it,e best of my knowledge this is a true description of the property upon which I have requested tins above checked action. I designate the applicant listed as my representative. Describe the sub)ect property (address, location, size, etc.): 711V, u 1� "ze Applicant Signature Date Oatce Us! fee wit I! n Page 107 Russell DeLaughter Quality 1 RV 103 S Stemrons St Sanger Texas Leater x Intent (L -01) In the attached document you have the existing survey for the property at 201 N Stemmons St in Sanger Texas .Our successful business plan that has been working into our seventh year, will be to incorporate the new property into our existing business at 103 S Stemmons St . There will be no Travel Trailers or Fifth Wheels placed on the grass. We are looking to Partner with the owner to lay more asphalt for all units to be displayed on . This property will have the landscape maintained and kept clean at all times . it age ORDINANCE # 01-02-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP ESTABLISHED THROUGH CHAPTER 14 "PLANNING AND ZONING" OF THE CODE OF ORDINANCES, EXHIBIT A "ZONING ORDINANCE OF THE CITY OF SANGER, TEXAS", AND SECTION 4 "ZONING DISTRICT MAP", TO GRANT A SPECIFIC USE PERMIT (SUP) TO ALLOW A TRAILER/RV SALES OR RENTAL USE AT APPROXIMATELY 1.14 ACRES OF LAND ZONED AS B-2 (BUSINESS DISTRICT — 2); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for A Specific Use Permit (SUP) were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearing for the purpose of assessing a request for a Specific Use Permit (SUP) on the hereinafter described properties located in the City of Sanger, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That a Specific Use Permit (SUP) to allow a Trailer/RV Sales or Rental use is hereby granted for a period of 2 years starting from the date of approval of the SUP by City Council. This is an approximately 1.14-acre site, described as A1241A Tierwester, TR 102A and shown in Exhibit A and illustrated in Exhibit B, generally located west of I-35 and approximately 200 feet south of the intersection of West Bolivar Street and I-35 Service Road. SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. SECTION 4. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in The Code of Ordinances, Section 1.109 General Penalty for Violations of Code. Page 109 SECTION 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this day of , APPROVED: Thomas E. Muir, Mayor ATTEST: Cheryl Price, City Secretary Page 110 ORDINANCE # 01-02-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP ESTABLISHED THROUGH CHAPTER 14 "PLANNING AND ZONING" OF THE CODE OF ORDINANCES, EXHIBIT A "ZONING ORDINANCE OF THE CITY OF SANGER, TEXAS", AND SECTION 4 "ZONING DISTRICT MAP", TO GRANT A SPECIFIC USE PERMIT (SUP) TO ALLOW A TRAILER/RV SALES OR RENTAL USE AT APPROXIMATELY 1.14 ACRES OF LAND ZONED AS B-2 (BUSINESS DISTRICT — 2); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this day of , APPROVED: Thomas E. Muir, Mayor ATTEST: Cheryl Price, City Secretary Page 111 r® 0 50 100 200 N Project: 201 N. Stemmons DISCL41JA W E S BANGER #TEl[AS s u P ® Exhibits Parcels This lap —9mea by GIs data plmdad by O, doea,GIgnaraatea Ne:,C4Y sm brae fa yfl-11a M fta lap. y f agora y/eaNres on Neap. Thy.d nW arefor illsI,a a C-dadwlak GIS data fabN.tl!o mrtCant Nanges,aMn9 may mtba-0,te, amerateo—aat. Date: 11117=194:26:17PA1 Doc Name: SUP LMIUM—bl_20IS!emrrons :.............. i. CfJ 1' fl. ..� r� ,'.1 .�1�6^ Page 112 Berry St EXHIBIT 218.00' l.R.f. x 1i (� I tloe fx , 1 � Ix i �Y IN Zi °°1iOo �! Y cJ! I Q Y Ctienl Par" 3 Spares o Huxflcap I i 1.129 Acres Eugene J. Wwter x Al e Ann Lemons " "Of"ynn J. blotter i Vol.4t 8 Pg. 941 Vol. 47P. Pg. 1919 R.P.R.A.Q.T. R.P.R.O.GT. IY I O iY I 1x Park area for S RV, Horizontal �x Gravel Area io � Asphalt Y i °c--'� ale Note: Shaded Areas show estimated parking for 12 RV units. 3 client spaces w 1 Handycap 2 Employee Parking Spaces (Employee and Client are overflow from Main location) Gravel Area can be used for Clients to Walk by units Concrete Po.er Pas Ole - Garage• 2d3' C1. pod eP+k west House w Jos' osphdt. porement gi O I! .li M1Y N imp :..201 N. Sta=O-U, k R W�ma1 •, b �12-0't Pow pore) 'ac- . DNS TR Page 113 BANGER *T E X A S DEVELOPMENT SERVICES DATE: 11/25/2019 lst REVIEW COMMENTS — SUP (201 N Stemmons St — Trailer/RV Sales) Request is for a Specific Use Permit (SUP) for a Trailer/RV Sales use for 1.14 acres of property located at 201 N Stemmons Street. The request is submitted by Mr. Ron Delaughter of Quality 1 RV. Planning 1. Off -Street parking is required for motor vehicle sales is 1 space for each 500 square feet of sales floor for indoor use, or 1 parking space for each 1000 square feet of lot area for outdoor uses. And for retail and personal service establishment, 1 space for 200 square feet of gross floor area. (This off-street parking requirement is exclusively for employee and customer parking). 2. Landscape Ordinance requirement for must be addressed and include the following: B-2 Business Districts. (a) Landscape Area. Landscaping of twenty (20) percent of the total lot area shall be required. Not less than forty (40) percent of the total required on -site landscaping shall be located in the designated front yard. (b) Perimeter screening. Any parking lot or portion thereof that is visible from the public right-of-way and contains fifteen (15) parking spaces or more shall provide perimeter screening. The perimeter of each parking lot, excluding driveways, which fronts upon or is adjacent to a public street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-six (36) inches and installation height of eighteen (18) inches or greater, and spaced no more than twenty- four (24) inches apart, edge to edge. Such perimeter screening shall be counted toward meeting the minimum square footage of required landscaping for the site. (c) Interior landscaping of parking lot. Any parking lot or portion thereof which is constructed and contains thirty-six (36) parking spaces or more shall provide permanently landscaped areas consisting of planter islands as described in the landscaping ordinance (d) Bufferyards. Commercial uses shall buffer when adjacent to single-family, attached housing, multifamily, and lesser commercial uses. A landscape buffer that is generally a minimum of ten (10) feet in width but no less than 3 feet in width in congested areas shall be provided and shall contain at a minimum the following elements: 940.458.2059 1 201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org Ni facebook.com/SangerTexas y @CityofSanger Page114 SANGER *TEXAS DEVELOPMENT SERVICES i. One (1) tree (three-inch caliper minimum) shall be planted every 50 linear feet or portion thereof of the bufferyard. ii. The remainder bufferyard shall be landscaped with shrubs, lawn, ground cover and other landscape materials. iii. Any required fencing and screening walls shall be placed behind the required bufferyard. iv. Such landscape buffer shall be counted toward meeting the minimum square footage of required landscaping for the site. Informational Comments 3. All B-2 Zoning and Subdivision requirements must be met with any future improvements or development of the site. 940.458.2059 1 201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org 11 facebook.com/SangerTexas t I @CityofSanger Page115 SANGER *TEXAS ENGINEERING Memorandum To: Muzaib Riaz From: Tracy A. LaPiene, P.E., CFM, City Engineer Date: 01/03/2020 Re: 201 N Stemmons St - SUP Engineering Review The SUP application and revised exhibits submitted on 12/05/19 for 201 N Stemmons St have been reviewed. The City of Sanger Engineering Department has the following comments that should be addressed prior to recommendation to City Council for approval: • Please verify with Planning department if platting of the property is required prior to development of the site associated with this SUP. Per the guidelines set forth in the SUP application the site plan provided is inadequate. An application for Specific Use Permit (SUP) shall be accompanied by a site plan drawn to scale and showing: o the general arrangements of the project, o together with essential requirements such as ■ off-street parking facilities; ■ size, height, construction materials and locations of buildings ■ and the uses to be permitted; ■ location and construction of signs; ■ means of ingress and egress to public streets; ■ visual screening such as walls, landscaping and fences; ■ and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200) feet. o The survey exhibit does not show existing asphalt pavement area om plan. Exhibits to be revised to show paved areas. Engineering believes the following should also be included on the Specific Use Permit plans. o The portion of the scanned survey assists with the existing features of the property. ■ It would be desired to have a copy of the full survey from surveyor. You can provide a copy or can bring in to Development Services and staff can make a scan of your copy. o The site plan with proposed layout with parking along perimeter of property is not acceptable without paving improvements. What if any paving improvements are being proposed? o Provide an exhibit showing what you are proposing. o Label adjacent uses on SUP plan o Show proposed landscaping/buffers provided. o Parking spaces for employees & customers shall be shown on plan. o Provide parking data table. 940.458.2059 1201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org 1W facebook.com/SangerTexas I r. @CityofSanger Page116 With any future improvements or development of the lot the following may be required: o See "New Commercial Permit Requirement Checklist" o Engineered site civil plans o With additional pavement, on -site drainage detention may be required to limit surface water runoff to residential or existing rates. o Any work proposed in TxDOT right-of-way will require TxDOT permit. o TxDOT may be acquiring additional right-of-way along IH 35 which will need to be taken into consideration with future improvements. o A 4' wide sidewalk (with 5'x5' passing area every200') will be required along Berry St. An 8' wide sidewalk will be required adjacent to the IH 35 right-of-way. If TXDOT does not grant approval for construction in right-of-way, this 8' walk may need to be in a dedicated pedestrian access easement on the property. o A paved fire lane may be required to provide fire protection on this site. o Emergency access will need to be provided from Berry Street. The comments provided are not exhaustive. Additional comments may be provided with additional reviews. The proposed plans must meet all City of Sanger regulations irrespective of the review comments provided. Page 2 of 2 Page117 SANGER CITY COUNCIL AGENDA MEMO * T E X A S AGENDA ITEM NO.8. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: Muzaib Riaz, Planner, Development Services ITEM/CAPTION: Heaths Hollow Addition - Minor Plat Consider, Discuss and Act on the Minor Plat of Lot 1, Block A of Heaths Hollow Addition, Being 1.967 Acres, in the City of Sanger, and Generally Located Approximately 300 Feet North of the Intersection of Duck Creek Road and I- 35 Service Road. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The applicant is proposing to create 1 Industrial lot of 1.967 acres from 3 unplatted tracts. The owner is wanting to redevelop the site with additional 40'x80' building at the back, and use the entire site for powder coating business being relocated from 201 E. Chapman Road. The property is served by City of Sanger utilities and has access from I-35 Service Road. The rezoning of the subject property to Industrial zoning was approved by City Council on December 2, 2019. The plat has been reviewed by staff and comments have been provided. Applicant has addressed staff's comments and provided a revised plat. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Planning & Zoning Commission Recommendation The Planning & Zoning Commission APPROVED (6-0) the Minor Plat on January 13, 2020. FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Page 118 Staff Recommendation Staff has found the plat to be substantially in compliance with the Subdivision Regulations, and recommends APPROVAL WITH THE FOLLOWING VARIANCE: 1 . Section 10.105.04.0 of the Subdivision Ordinance stating: "Lot Shape: Lots should be rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and one-half to one (2.5:1)." ATTACHMENTS: Description Upload Date Type Staff Report 1/24/2020 Backup Material Location Map 1/24/2020 Backup Material Application 1/24/2020 Backup Material Letter of Intent 1/24/2020 Backup Material Minor Plat 1/24/2020 Exhibit Comment Response Letter 1/24/2020 Backup Material Page 119 SANGER CITY COUNCIL STAFF REPORT �kTEXAS Meeting Date: February 3, 2020 Case #: 19SANZON-0048 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Consider, Discuss and Act on the Minor Plat of Lot 1, Block A of Heaths Hollow Addition, Being 1.967 Acres, in the City of Sanger, and Generally Located Approximately 300 Feet North of the Intersection of Duck Creek Road and I-35 Service Road. Applicant: Kristie Arendt Case Overview The applicant is proposing to create 1 Industrial lot of 1.967 acres from 3 unplatted tracts. The owner is wanting to redevelop the site with additional 40'x80' building at the back, and use the entire site for powder coating business being relocated from 201 E. Chapman Road. The property is served by City of Sanger utilities and has access from I-35 Service Road. The rezoning of the subject property to Industrial zoning was approved by City Council on December 2, 2019. The plat has been reviewed by staff and comments have been provided. Applicant has addressed staff s comments and provided a revised plat. The property abuts residential use on the west. A landscape buffer of minimum 15 feet must be provided along all non -industrial uses. The plat is determined to be a Minor Plat as no public improvements are required and total number of lots is less than 4. Applicant has addressed all of staff comments. Staff Recommendation Staff has found the plat to be substantially in compliance with the Subdivision Regulations, and recommends APPROVAL WITH THE FOLLOWING VARIANCE: 1. Section 10.105.04.0 of the Subdivision Ordinance stating: "Lot Shape: Lots should be rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and one-half to one (2.5:1)." Planning & Zoning Commission Recommendation The Planning & Zoning Commission APPROVED (6-0) the Minor Plat on January 13, 2020. Page120 Attachments • Location Map • Application • Letter of Intent • Minor Plat • Comment Response Letter Page 121 N Location Exhibit: Heaths Hollow DISCLAIMER Thb m, was p—stad by GIs d9 K,v ,d BANGER MNe &.. GIG.—I.th.I etlry of .............. by ft domrotsoanntesMp­elt curt City If—d:�B............ W awacyofany f®N eson Nls map. These map poduds an f«ausbabOn P«poses on and —*TEXAS not eoiabb forsilespee'(c dedsnnmalieg. GIs d:ta is sebjad to mnslant ch.q.1, end ney notbe—pmte. aca oraaent. .�yt f.�ij+. Exhibits i b its Data: I IBM20 3:51N PM SDocN.—L—V.. hbi_Heahsliolfry ' 1 I Page122 i I -�--�- SANGER *TEXAS SUBDIVISION APPLICATION elf iminary Plat Final Plat/Replat Vacating Plat i Minor Plat Amended Plat Conveyance Plat I n -I;,- . rlwnarfifrliffaruntfrnmannIicant) Name: Kristie Arendt Narne: roc fiu✓��,,� Company: All American g Surve in Y Company: , t/ � Address: 111- N Dixon St Address City, State, Zip: Gainesville, TX 76240 City, State, Zip' -- Phone 940-665-9105 Phone: 7 �/Q-_ vile, 3! S Fax: n/a Fax: __-- Email: Ki•istie@allamericansurveying.com Email: • Submittal Checklist Pre -Application Conference One (1) Paper Copy of Plat (24!'06", folded to 1/4 size) Letter of Intent Non -Refundable Application Fee (Check Payable to City of Sanger) Application Form (Signed by Owner) Applicable Plat Checklist (Completed) Additional Required Documents/Traffic & Drainage Studies etc. One (1) PDF Copy of all Documents Provided on a CD/DVD or Emailed to cleveloprnent n sangei texas.org Supporting Materials (List if provided): R Number(s):. Applicant's Sign Office Use: Reviewed by Director of Development Services Complete (check It Uicompiele(Retnr)edtoApplicant _�_/ 1 Date Date Lifectiee bate;9/s/70J!� Page123 Letter of intent December 13th, 2019 All American Survey This letter is being provided to state the intent of me (Ray Halliburton) to get property re -platted and surveyed in order to get zoning change from B2 (commercial ) to 11 (industrial ). The property consist of three separate tracts,the address is 521 S. Stemmons,Sanger Texas 76266 In order to get the rezoning property needs to be re -platted and surveyed. The need for the rezoning is so Tuff powder coating can perform any and all duties required to operating as a coating business. Also to combine the three properties into one to increase area needed for Tuff powder coating to operate fully due to company growth and expansion. Sincerely, Ray Halliburton Page124 0.0 ffi Rupp Sc AtlAN01H .91V1S031MI -M MOM MAUS 0009 HMOS ------ ---------------- fill i II I II I II I II II Ea a. i a AlII En MIN I H" k Una! nmy HE! a : 002�04_ 0 V'N 11 N11 Ill IL 11gluiRld psi 0 on in I -1 HIM, nil jglH lljfl� MEMO 1H minfie`il HBO lull 1N oil 11M H nummoHou i M SH Noun M 1 i� e� AUMERICAN L R V E Y I N G 1 1 1 N DIXON STREET GAINESVILLE, TEXAs 76240 940.665.9105 1 / 13/2020 Ist Revision per Comments received 1/3/2020 & 1/6/2020: Minor Plat "Heaths Hollow Addition" Planning 1. Revise the name of the subdivision to Heaths Hollow Addition. ADDRESSED, 2. Show all existing and proposed easements on the plat. ADDRESSED AS SHOWN IN TITLE COMMITMENT DATED 11/4/2019 3. Add a 15-foot Public Utility (P.E.) easement along the front of the property along I-35 Service Road. ADDRESSED. 4. Verify if there is an existing utility easement along the south of the property for existing overhead electric power lines. If not provide a 15-foot utility easement along the south of the property for overhead electric power lines. ADDED NEW I5' UE AS DIRECTED. 5. Remove the term "Denton County Notes" and replace with "General Notes". ADDRESSED, 6. Add signature line for Planning and Zoning Commission Chairman above Mayor's signature line and below "APPROVED AND ACCEPTED", ADDRESSED. 7. Verify with the City Engineer if a water line extension is needed for the property on the south. CLIENT STATES HE HAS ADDRESSED THIS WITH THE CITY AND THAT IT IS NOT REQUIRED. 8. Show existing and proposed fire hydrants on the plat. SHOWN PER BUILDING PLANS PROVIDED BY CLIENT. 9. The lot does not meet Section 10,105.04.C. of the Subdivision Ordinance stating: "Lot Shape: Lots should be rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and one-half to one (2-1/2:1)." In order to request a variance from this requirement, submit a signed and dated letter stating your request for variance from this regulation. ADVISED CLIENT ON 1 /6/2020 THAT A VARIANCE APPLICATION WOULD NEED TO BE FILED WITH THE CITY. Page126 Informational Comments 10. The property is in I-1 Zoning District. The setback requirements for 1-1 zoning district include: minimum 20 feet front yard setback; minimum 10 feet side yard setback; and minimum 50 feet rear yard setback adjacent to a residential district. ADDED ALL SETBACKS PER ZONING, 11. Any development on the site will be required to meet the Zoning Ordinance requirements including parking, landscaping, and setback requirements. NOTED. 12. Lot coverage shall not exceed 50% of the total lot area. NOTED. 13. Minimum fire lane width for any development is 24 feet or 26 feet depending upon the height of the building. NOTED. 14. The minor plat will be scheduled for Planning and Zoning (P&Z) Commission meeting on Monday, January 13, 2020, and for City Council meeting on Monday February 3, 2020. ETA DELIVERABLE PLAT 1/13/20, Engineering 1. Verify ifthere any existing easements on property? ADDRESSED AS SHOWN IN TITLE COMMITMENT DATED 11/4/2019 2. Verify location of existing drainage and utilities and if any encroach onto property additional utility easements may be required. ADDRESSED AS SHOWN IN TITLE COMMITMENT DATED 11/4/2019 & ADDED UE EASEMENT AS DIRECTED BY PLANNING. 3. Provide a 15' wide utility easement along TXDOT frontage. a. If limits of TXDOT taking is known, a 15' UE west of that would be preferred to be shown. SCALED PROPOSED ROW TAKE PER TXDOT MAPS, 4. Please revise "Denton County Notes" to "General Notes" ADDRESSED ABOVE. Page127 5. Note 8 is not needed but can remain if desired. DID NOT DELETE. 6. Note 15 may not be needed. If any easements should be maintained by property owner. No common area within ROW. DID NOT DELETE. Page 128 SANGER CITY COUNCIL AGENDA MEMO * T E X A S AGENDA ITEM NO.9. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: Muzaib Riaz, Planner, Development Services ITEM/CAPTION: Sportsman 2 - Final Plat Consider, Discuss and Act on the Final Plat of Lot 1, Block A, of Sportsman 2 Gas Station and Convenience Store Addition, Being 4.108 Acres, and Generally Located South East of the Intersection of Lois Road East and I-35 Service Road. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The applicant is proposing to develop a Gas Station and Convenience Store on approximately 4.108-acre site zoned as B-2 (Business District - 2). The proposed project is a convenience store and fueling facility. It consists of 11,497 square feet building, 7-regular gas pumps, 6 separate diesel pumps, and 2 separate canopies. Additionally, the site will contain an approximately 1,600 square feet stand alone, 2-bay tire shop and include 15 parking spaces (75'xl2') for overnight semi -truck parking. The existing structure at the site will be demolished. All the proposed uses are permitted in B-2 Zoning District. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Planning & Zoning Commission Recommendation The Planning & Zoning Commission APPROVED (6-0) the plat on January 13, 2020 WITH A CONDITION that all of staffs comments will be addressed before approval by City Council. FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A Page 129 STAFF RECOMMENDATION/ACTION DESIRED: Staff Recommendation Staff recommends APPROVAL of the Final Plat as Final Plat meets City of Sanger Subdivision and Zoning Regulations. ATTACHMENTS: Description Upload Date Type Staff Report 1/24/2020 Backup Material Location Map 1/24/2020 Backup Material Application 1/24/2020 Backup Material Letter of Intent 1/24/2020 Backup Material Final Plat 1 /24/2020 Exhibit Comment Response Letter 1/24/2020 Backup Matcrial Page 130 SANGER STAFF COUNCIL *TEXAS Meeting Date: February 3, 2020 Case #: 19SANZON-0046 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Consider, Discuss and Act on the Final Plat of Lot 1, Block A, of Sportsman 2 Gas Station and Convenience Store Addition, Being 4.108 Acres, and Generally Located South East of the Intersection of Lois Road East and I- 35 Service Road. Applicant: Chris Frerich, P.E. Case Overview The applicant is proposing to develop a Gas Station and Convenience Store on approximately 4.108-acre site zoned as B-2 (Business District - 2). The proposed project is a convenience store and fueling facility. It consists of 11,497 square feet building, 7-regular gas pumps, 6 separate diesel pumps, and 2 separate canopies. Additionally, the site will contain an approximately 1,600 square feet stand alone, 2-bay tire shop and include 15 parking spaces (75'xl2') for overnight semi -truck parking. The existing structure at the site will be demolished. All the proposed uses are permitted in B-2 Zoning District. The property will be served by City of Sanger wastewater and electric. Water will be provided by Bolivar and City of Sanger. Staff has reviewed the final plat and provided staff comments to the applicant. The property will be required to meet all of city of Sanger codes and ordinances including zoning, subdivision, parking, and landscaping regulations. Applicant has submitted revised plat and response letter addressing all staff comments. Engineering Plans have already been reviewed by the City Engineer. Staff Recommendation Staff recommends APPROVAL of the Final Plat as Final Plat meets City of Sanger Subdivision and Zoning Regulations. Planning & Zoning Commission Recommendation The Planning & Zoning Commission APPROVED (6-0) the plat on January 13, 2020 WITH A CONDITION that all of staffs comments will be addressed before approval by City Council. Page 131 Attachments • Location Map • Application • Letter of Intent • Final Plat • Comments Response Letter Page 132 N W E S SANGER *TEII AS Location Exhibit: Sportsman 2 ® Exhibits DISCLAIMER: TN. rt"— 9—rated b1' M data prewded by Me Sanger(AS Dapa t. The C2ya SangefdoH nd guarenlee 9 caretlneeaa a yof my ieae "w We-, Thew map Ndede — for iiuetratim pap.. -yend -.uJa Ioreie.Wa,Eeddw m .g. DIS datal Awt.to mtant changes, and may not bec 00,,—.atea curtenf. Date: 6R2M192:a1Z5 PM D. Name: Lecaecn Mx Sp-nen2 Page 133 Preliminary Plat Minor Plat Applicant SANGER *TEXAS X Final Plat/Replat Vacating Plat Amended Plat Conveyance Plat Owner (if different from applicant) Name: Chris Frerich, P.E. Name: Rai "Ray" Sukhdeep Company: EIKON Company: Sodhi & Rai, Inc. Address: 1405 W. Chapman Drive Address 499 W. Chapman Drive City, State, Zip: Sanger, TX 76266 City, State, Zip: Sanger, TX 76266 Phone 940-458-7503 Phone:817-266-6663 Fax: 940-458-7417 Fax: Email: cfrerich@eikoncg.com Email: Rai73_Ronit@yahoo.com Submittal Checklist X Pre -Application Conference (Date: 06 / Q. / 2019 ) • One (1) Paper Copy of Plat (24"x36", folded to 1/4 size) X Letter of Intent X Non -Refundable Application Fee (Check Payable to City of Sanger) • Application Form (Signed by Owner) X Applicable Plat Checklist (Completed) X One (1) PDF Copy of all Documents Provided on a CD/DVD; OR Submitted Online at www,CommunityCore.com Supporting Materials (List if provided): Final Plat, Construction Drawings, and Drainage Report R Number(s): R60245 ----owner's Signature Applicant's Signature Office Use: Reviewed by Director of Development Services Complete (Check # ) incomplete (Returned to Applicant A q - I 'a —j Date 2019-12-10 Date ciry of .Bandar 201 Bolivar /P,O Boxi729 Sonper, 7X 762Co' 940-433-20 9 (office) 9.10-d! -4072 6fae) wv,, w.sonyerte\,oc.ory Effective Date: 1/30/2019 Page 134 EJK0 DESIGNING CONFIDENCE December 10, 2019 City of Sanger Developments Services Department 201 Bolivar Street Sanger, Texas 76266 RE: Letter of Intent for The Sportsman 2, Final Plat 2040 N Stemmons Sanger, Texas 76266 EIKON Project #19046 Dear Development Services: We are providing this Letter of Intent for a proposed development located at the southeast corner of Lois Road and Interstate Highway 135 within the city limits of the City of Sanger, Texas. On behalf of Sodhi & Rai, Inc., we are submitting a Final Plat and the associated construction drawings. The construction drawings have been previously reviewed & approved by the City Engineer. The proposed project is a convenience store and fueling facility. It consists of 11,497 square feet building, 7-regular gas pumps, 6-separate diesel pumps, and 2 separate canopies. Additionally, the site will contain an approximate 1,600 square feet stand alone, 2-bay tire shop, and include 15 parking spaces (75'x12') for overnight semi -truck parking. Water service will be provided by connecting to existing Bolivar SUD public utility lines, and sewer service will be provided by connecting to existing City of Sanger public sanitary sewer lines. Drainage improvements will be designed in accordance with the City's drainage ordinance. We will coordinate with the City and the Texas Department of Transportation (TXDOT) for driveway connections to Lois Road and the IH35 service road. We look forward to working with the City of Sanger on this project. Thank you in advance for your consideration of this development. Sincerely, kw, * 14 Chris Frerich, PE Senior Civil Engineer 940-458-7503 1405 W. CHAPMAN DRIVE - SANGER, TEXAS 76266-9076 EIKONCG.COM Page 135 PW o m F �I €gym ��g€y-9�-E � la a UnIfy yll Unp � m � w Pgffiggf°a$� 5� a jQ° 4°"=ioo�4GdWsy £ o m s zzM. vii g s ao el L MUM as � H � '�g��� 6 § aW �z � m HZO � w°� .� ,�s�gspES2a2 0 .=ay o ° °i 3� ii wo< �oor=}smarm°E° L a ° _ > �h Iwo 6= aimsd CV Q = tQo =Ci�J L w€ G goo 08 FRQ0Y's-aza�Z N �'R W H! RHINO 1 vsUW w� s If4-Q N 9c���r�z y�rI --fi----- -- ---_- LL0.5y ' 1r < m Z Q W`w = UO WOJO Zz i �__ Fw WM wWO T1 7str > 'l zO o m� I \ o v a i I � I ��6A6 a n ,/9'Y9Y l .1k, 05.00 S y 0� I II 1 1 t I I 1 1 II 1 1 I I III 1 1 III I I III h I I III I' I Iil I � ' ILA \b III i� tt ' 311SS3�i; Ae W a" it I L i x r=onj= Ip k' I Rig I I !Y - -_ ! -------- - , �---- I I V I I ;g- .09.1S 3.W 2 0 I � � w = ,OS'SCI 3 .{S,Cf.00 11 ' �• m - '1S SHORRIS •N-- ^aa ry`3 A_ A ----- 1------------- — —.—. SE 38rc alai in! 'Eli 1 y`�€� xs 9 s s o NaJM aA k a1 H ins �_° m 1d oHH1 o ``sg H 80 a' °= sg ig MH u ' €¢ORB '3 as om�" d� S o €_ V �<KIHul mo d 111 mill � og a °o pen as'11 S IN H HH! WMN € ,� H= oF�� o -s=1���e" �tao 3s - Elm ¢=m § m fEli lI HRIy HQ ¢> <e _ �o _ o°° gs ' s �� Qagin 1x ISO � as oase o�aa �y w�� �� ems"= o - w���gz �� as a asssE €�®�saa sQ°g =< o �'W<� s a w 35� �o�¢t �s= s a m: °ryw gem-.5e-2ao �a w W °s< ens W -d�Xw ,sswd €sa € o `a og$psI W���@SHE �� ���°s� �o �w ;ee�LL �olso �� gas ��� ������ e� �s mo�`s�< 1 �� EIKON 0 DESIGNING CONFIDENCE January 10, 2020 Muzaib Riaz Planner, Economic & Community Development City of Sanger 940-458-2059 Mriaz@sangertexas.org Subject: Sportsman 2 Gas Station & Convenience Store Final Plat Response to Comments EIKON Project #19046 Muzaib, This letter is in response to City comments on the above mentioned project submittal. The comments, and our responses, are listed below. Plat 1. Revise the name of the subdivision to The Sportsman 2 Gas Station and Convenience Store Addition. Response: Revised as requested. 2. Revise the building line along the south property line to 20 feet. Response: Revised as requested. 3. Tie and reference the survey corners at two points to the Texas State Plane Coordinate System North Central Zone 11983-1999 datum (NAD 83) Response: Revised as requested. 4. Provide the length of all radii, internal angels and points of curvature, lengths and bearing of the tangents shown on the plat. Response., Revised as requested. 5. Show dimensions from centerline to edges of existing and proposed right of ways on both sides of the centerline for Louis Road and 1-35 Service Road. Response.- Revised as requested. 6. Verify Bolivar Water fire flow for fire protection. Response: As stated during meetings with Bolivar SUD, with the City of Sanger also present, Bolivar SUD will provide domestic water supply while the City of Sanger will provide fire flow. This is documented in the construction drawings, which include a 72" main (with fire hydrants) to be dedicated to the City. The construction drawings also show a 2" domestic meter which connects to the Bolivar SUD main. 7. Revise the owner certificate to the one mentioned in the Final Plat checklist. Response.- Revised as requested. Informational Comments 940-458-7503 1405 W. CHAPMAN DRIVE • SANGER, TEXAS 76266-9076 EIKONCG.COM Page 137 Friday January 10, 2020 8. The Final Plat project will be scheduled for P&Z Commission meeting on January 13, 2020, and for City Council meeting on February 3, 2020. Response: Duly noted. 9. The property is in B-2 Zoning District. Response: Duly noted. 10. Any development on the site will be required to meet Zoning Ordinance Requirements including parking, landscaping, and setback requirements. Response: Duly noted. 11. Lot coverage shall not exceed 50% of total lot area. Response: Duly noted. 12. Minimum fire lane width for any development is 24 feet or 26 feet depending upon the height of the building. Response: Duly noted. We have attached a revised copy of the construction drawings & final plat, for your review. Sincerely, oz-flo)*14 Chris Frerich, PE Sr. Civil Engineer EiKON Consulting Group P (940) 458.7503 C (806) 368.1244 cfrerich@eikoncQ.com www.eikoncg.com fur 7 ;IM I.. .:.................. CHRISTOPHER P. FRERIC4 '0*6. 119266 Page 12 EiKO�1 Page 138 BANGER *TEXAS CITY COUNCIL AGENDA MEMO AGENDA ITEM NO.10. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: David Pennington, Fire Chief ITEM/CAPTION: Ordinance # 02-06-20 - Amending Fee Schedule- Building and Construction Fees Consider, Discuss and Possibly Act on Ordinance # 02-06-20 Amending Appendix A "Fee Schedule" of the Code of Ordinances, Article 2.000 `Building and Construction Fees" Sec. 2.300 "Single Trade Permit Fees". AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: As of January 31st, 2020, the Fire Marshall for the City of Sanger has resigned. The Fire Marshall was responsible for Fire Plan Reviews, and Fire Inspections. Due to him no longer being able to perform these duties we need enter into a contract with a third party vendor so they are able to perform these tasks. Staff is proposing to amend the fee schedule to provide for 3rd party reviews and inspections. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval so we are able to use a third party company for Fire Inspections and Fire Plan Reviews. ATTACHMENTS: Description Upload Date Type Page 139 ORD # 02-06-20 ORD # 02-06-20 REDLINED 1 /29/2020 1 /29/2020 Cover Memo Cover Memo Page 140 ORDINANCE # 02-06-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS AMENDING APPENDIX A FEE SCHEDULE OF THE CODE OF ORDINANCES, ARTICLE 2.000 "BUILDING AND CONSTRUCTION FEES" SECTION 2.300 "SINGLE TRADE PERMIT FEES"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Appendix A "Fee Schedule" of the Code of Ordinances, City of Sanger, Texas is hereby amended in part by amending section 2.300 to read as follows: ARTICLE 2.000 BUILDING AND CONSTRUCTION FEES Sec. 2.300 Single Trade Permit Fees (a) It shall be unlawful for any person to install, change, alter or repair any plumbing, mechanical, electric and irrigation component (except routine repairs) until after such person has first obtained a permit in writing to do so from the city. Furthermore, it shall be unlawful for any person to install, change, alter or expand any fire sprinkler or fire alarm (except routine repairs) without a permit from the city. (b) All permits will be obtained by the licensed and registered contractor only. (1) Plumbing permit: $75.00. *For new buildings, additions or remodels, the plumbing permit fee is included in the cost of the building permit. (2) Mechanical permit: $75.00. *For new buildings, additions or remodels, the mechanical permit fee is included in the cost of the building permit. (3) Electric permit: $75.00. *For new buildings, additions or remodels, the electric permit fee is included in the cost of the building permit. (4) Irrigation pen -nit: (A) Residential: $75.00. (B) Commercial: $125.00. Page141 (5) Sprinkler system permit: $200.00. (6) Fire alarm permit: $200.00. (7) For the 3rd party Fire review and/or inspections: Actual cost plus an administrative fee of 5% of the total cost of the Yd party review and/or inspections. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid by the valid judgement or decree of any court of competent jurisdiction, such determination shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such invalid word, phrase, clause, sentence, paragraph or section. Section 4. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of the Code of Ordinances. Section 5. This ordinance will take effect on February 4th 2020. DULY PASSED, APPROVED AND ADOPTED, this the —day of 2020, by the City Council of the City of Sanger, Denton County, Texas. APPROVED Thomas E. Muir, MAYOR ATTEST: Cheryl Price, CITY SECRETARY Page142 ORDINANCE # 02-06-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS AMENDING APPENDIX A FEE SCHEDULE OF THE CODE OF ORDINANCES, ARTICLE 2.000 "BUILDING AND CONSTRUCTION FEES" SECTION 2.300 "SINGLE TRADE PERMIT FEES"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Appendix A "Fee Schedule" of the Code of Ordinances, City of Sanger, Texas is hereby amended in part by amending section 2.300 to read as follows: "ARTICLE 2.000 BUILDING AND CONSTRUCTION FEES Sec. 2.300 Single Trade Permit Fees (a) It shall be unlawful for any person to install, change, alter or repair any plumbing, mechanical, electric and irrigation component (except routine repairs) until after such person has first obtained a permit in writing to do so from the city. Furthermore, it shall be unlawful for any person to install, change, alter or expand any fire sprinkler or fire alarm (except routine repairs) without a permit from the city. (b) All permits will be obtained by the licensed and registered contractor only. (1) Plumbing permit: $75.00. *For new buildings, additions or remodels, the plumbing permit fee is included in the cost of the building permit. (2) Mechanical permit: $75.00. *For new buildings, additions or remodels, the mechanical permit fee is included in the cost of the building permit. (3) Electric permit: $75.00. *For new buildings, additions or remodels, the electric permit fee is included in the cost of the building permit. (4) Irrigation permit: (A) Residential: $75.00. (B) Commercial: $125.00. Page 143 (5) Sprinkler system permit: $200.00. (6) Fire alarm permit: $200.00. (7) For the 3rd party Fire review and/or inspections: Actual cost plus an administrative fee of 5% of the total cost of the 3rd party review and/or inspections. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid by the valid judgement or decree of any court of competent jurisdiction, such determination shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such invalid word, phrase, clause, sentence, paragraph or section. Section 4. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of the Code of Ordinances. Section 5. This ordinance will take effect on February 01, 2020. DULY PASSED, APPROVED AND ADOPTED, this the —day of 2020, by the City Council of the City of Sanger, Denton County, Texas. APPROVED Thomas E. Muir, MAYOR ATTEST: Cheryl Price, CITY SECRETARY Page 144 BANGER *TEXAS CITY COUNCIL AGENDA MEMO AGENDA ITEM NO.11. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: David Pennington, Fire Chief ITEM/CAPTION: Bureau Veritas Fire Services Contract Consider, Discuss and Act on an Amendment to the Standard Professional Services Agreement Between Bureau Veritas North American and the City of Sanger by Adding Additional Scope of Services and Fee Schedule; and Authorize the Mayor to Execute Said Amendment. AGENDA TYPE: Regular ACTION REQUESTED: Approval, Contract/Agreement BACKGROUND: As of January 31 st, 2020 the Fire Marshall for City of Sanger has resigned. The Fire Marshall was responsible for Fire Plan Reviews, and Fire Inspections. In the interim we need to sign a contract with a third party to be able to perform these tasks. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: Staff is proposing to amend the City's fee schedule to provide for 3rd parry fire plan reviews and inspections. FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval to contract Bureau Veritas as the third party Fire plan review and Fire inspections. ATTACHMENTS: Description Upload Date Type Page145 Bureau Veritas Fee 1/27/2020 Cover Memo Page 146 The following is hereby accepted as an amendment to Attachment A (Scope of Services) and Attachment B (Fee Schedule) to the Standard Professional Services Agreement between Bureau Veritas North America, Inc. and the City of Sanger, Texas, dated October 24, 2014 by adding additional scope of services and their accompanying fees. Attachment A Scope of Services Fire Services Plan Review Commercial and Single Family Fire Sprinkler System Plan Review, Commercial Fire Alarm Plan Review, Commercial Underground Fire Sprinkler System Plan Review, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Plan Review and Commercial Above and Below Ground Fuel Storage Tank Plan Review shall be conducted as required by the Jurisdiction's Fire Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction. (The State of Texas requires the design and installation of Underground Fire Sprinkler Supply Line plans to be performed by a Licensed Underground Fire Sprinkler Contractor.) Fire Services Inspections Commercial and Single Family Fire Sprinkler System Inspection, Commercial Fire Alarm Inspection, Commercial Underground Fire Sprinkler System Inspection, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Inspection, Commercial Above and Below Ground Fuel Storage Tank Inspection and Commercial Fire Certificate of Occupancy Inspection services shall be conducted as required by the Jurisdiction's Fire Code. Any violations of the Jurisdiction's codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority. (The State of Texas requires the design and installation of Underground Fire Sprinkler Supply Line plans to be performed by a Licensed Underground Fire Sprinkler Contractor.) Annual Fire Safety Inspections Annual Fire Safety Inspections will be conducted in accordance with the Jurisdiction's Fire Code for commercial establishments and public buildings subject to an annual operation permit. Fire Code Plan Review Services and Inspection Services Site and building Plan Review and Inspection services shall be conducted as required by the Jurisdiction's Fire Code. Any violations of the Jurisdiction's codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority. City of Sanger, TX Amendment 1/9/2020 i Page 147 Attachment B Fee Schedule Sinate Famliv Residential Fire Services Fire Code Plan Review Services $175.00 Fire Code Inspection Services $400.00 Fire Code Plan Review Services Commercial and Multi -Family construction Valuation Fee, Each System Less than $6,250 $200.00 $6,250 to $250,000 $300.00 $251,000 to $500,000 $425.00 $501,000 to $1,000,000 $650.00 $1,001,000 to $3,000,000 $800.00 $3,001,000 to $6,000,000 $1,200.00 $6,000,000 and up $1,200.00 plus $0.38 for each additional $1,000.00 Fire Code inspection Services - Commercial and Multi -Family construction Valuation Fee, Each System Less than $6,250 $300.00 $6,250 to $250,000 $426.00 $251,000 to $500,000 $525.00 $501,000 to $1,000,000 $675.00 $1,001,000 to $3,000,000 $950.00 $3,001,000 to $6,000,000 $1,425.00 $6,000,000 and up $1,425.00 plus $0.38 for each additional $1,000.00 Valuation is based on construction valuation for project Fire Underground Fire Code Plan Review $200.00 Fire Code Plan Inspection $250.00 City of Sanger, TX Amendment 1/9/2020 2 Page148 �av M. • a a � D i M U7 i r�2e Fire Extinguisher Suppression System_ Per permit, one Inspection $450,00 Each re -inspection $100.00 Fire Certificate of Occupancy Inspections Fire Certificate of Occupancy inspections $150.00 Per Inspection Annual Fire Safety Inspections Day Care, Foster Home, Commercial Business $100.00 each inspection and re -inspection per location Nursing Home / Assisted Living / School $250.00 each inspection and re -Inspection per location U d d ! Ab ve round Fuel Stora a Tanks n er roun o Fire Code Plan Review $350.00 Fire Code Inspection $460.00 gun riau Fire Code Plan Review $250.00 Fire Code Plan Inspection $250.00 City of Sanger, Texas By: Title: Signature: Date: Bureau Veritas, North America, Inc. By: Van Tran Title: VP Facilities Division, Central & East Signature: Date: 1 /9/2020 DTQRR: David Stanford Date: 1 /9/2020 City of Sanger, TX Amendment 1/9/2020 3 Page149 SANGER CITY COUNCIL AGENDA MEMO *TEXAS AGENDA ITEM NO.12. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary IIYII►ilfoF.V IRF Ordinance #02-04-20 - Ordering and Providing Notice of General Election For Mayor and Two City Council Members - Places 2 and 4; Approval of Joint Election Agreement.with Denton County. Consider, Discuss and Possibly Act on Ordinance #02-04-20 - Ordering and Providing Notice of General Election for the Purpose of Electing Mayor, City Council Member Place 2, and City Council Member Place 4; Authorizing the Mayor to Sign the Ordinance; and, Providing for an Effective Date; Approving and Authorizing the Mayor and Council Members to Sign the Order of Election for the City of Sanger's May 2, 2020 General Election; and, Approve and Authorize the Mayor to Sign the Joint Election Agreement and Contract with Denton County Election Services for the May 2, 2020 General Election. AGENDA TYPE: Regular ACTION REQUESTED: Approval, Ordinance, Contract/Agreement, Other: Mayor and All Council Members must sign the Order of Election. BACKGROUND: Approval of Ordinance #02-01-20 will formally Call and Order the May 2, 2020 Election. Included in the Agenda Packet are the official forms for the Order and Calling of the Election. This year, the Order of Election requires the Mayor and All Council Member Signatures. With the Joint Election Contract, Denton County will provide a "full -service" joint election and Denton County will be responsible for conducting the May election similar to elections held in the past as specified in their contract. This contract is the same as last year's contract. The total estimated cost obligation for the Election will be provided under the terms of the agreement, within 45 days after the last deadline for ordering the election. Last year the election was cancelled and there were no charges to the City of Sanger under the contract. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: Page 150 N/A FUNDS: NIA STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval. Description ORD 402-04-20 - Ordering May 2, 2020 General Election Order of Election May 2, 2020 Notice of General Election - May 2, 2020 Joint Election Ageenrent and Contract for Election Services Upload Date Type 1/29/2020 Cover Menlo 1 /31 /2020 Cover Memo 1 /29/2020 Cover Met -no 1 /28/2020 Cover Memo Page 151 ORDINANCE #02-04-20 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD JOINTLY WITH OTHER DENTON COUNTY POLITICAL SUBDIVISIONS FOR THE PURPOSE OF ELECTING MAYOR AND TWO (2) CITY COUNCIL MEMBERS: CITY COUNCIL MEMBER PLACE 2; CITY COUNCIL MEMBER PLACE 4; DESIGNATING LOCATIONS OF POLLING PLACES; PROVIDING FOR DATES; TIMES AND PLACE FOR VOTING AND EARLY VOTING BY PERSONAL APPEARANCE; PROVIDING DEADLINE FOR APPLICATIONS FOR BALLOT BY MAIL; ORDERING NOTICES OF ELECTION TO BE POSTED AND PUBLISHED; AUTHORIZE THE MAYOR TO SIGN THE NOTICE AND ORDER AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. A municipal election is hereby ordered to be held on Saturday, May 2, 2020, as such date being a uniform election date as defined in the Texas Election Code 41.001, as amended (the "Code"), for the purpose of electing the following for a two (2) year term: Mayor City Council Member Place 2 City Council Member Place 4 Should a runoff election be required following the canvass of the May 2, 2020 election, the City Council hereby orders that a runoff election be held within the qualified period required. Section 2. The election day polling place where qualified voters shall cast ballots will be at the following location (subject to change): Church of Christ 400 Locust Street Sanger, Texas 76266 Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of election. Section 3. Early voting by personal appearance will be located at the following location beginning Monday, April 20, 2020 through Tuesday, April 28, 2020: Church of Christ 400 Locust Street Sanger, Texas 76266 Denton County Elections Administrator shall select and arrange for the use of Early Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct. In the event a voting location is not available, or appropriate, the Elections Administrator will arrange for use of an Alternate location. Notice will be provided at the entrance to any previous polling places in the jurisdiction stating that the polling location Page 152 has changed and stating the polling place names and addresses in effect for the May 2 2020 Election. The Early Voting hours will be: Monday — Friday April 20, 2020 — April 24, 2020 8:00 am to 5:00 pm Saturday April 25, 2020 8:00 am to 5:00 pm Monday April 27, 2020 7:00 am to 7:00 pm Tuesday April 28, 2020 7:00 am to 7:00 pin Denton County will be responsible for Early Voting by mail applications. The applications for Early Voting shall be delivered to Frank Phillips, Election Administrator for Denton County at 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Section 4. Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate packets are available in the City Secretary's office. The candidate filing periods for the General Election for Mayor; City Council Member, Place 2; City Council Member, Place 4, are as follows: Beginning: January 15, 2020 at 7:30 am Ending: February 14, 2020 at 5:00 pm Candidates must file with the City Secretary's office located in City Hall, 502 Elm Sheet, Sanger, Texas. Section 5. An electronic voting system, the Hart InterCivic Verity Voting System shall be used in this election for early voting by personal appearance and election day voting. Section 6. The election precinct and voting places of said election shall be determined by the Denton County Elections Administrator. Section 7. Should any part, section, subsection, paragraph, sentence, clause or phrase contained in this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid all respects said remaining portion shall be and remain in full force and effect. Section 8. The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be published and/or posted in connection with the conduct of this election. The Denton County Election contract shall designate the election judges for the election. The election, including providing notice of the election shall be conducted in accordance with the Texas Election Code and other applicable law, and all residents qualified and registered voters of the City shall be eligible to vote at the election. Section 9. The Mayor and City Secretary are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. This ordinance will take effect immediately from and after its passage, and the publication of the Page 153 caption, as the law and Charter in such cases provide. PASSED AND APPROVED 3rd day of February, 2020 by the City Council of the City of Sanger, Texas. APPROVED: Thomas E. Muir, Mayor ATTEST: Cheryl Price, City Secretary Page154 ORDER OF ELECTION ORDEN DE ELECCION CITY OF SANGER, TEXAS CIUDAD DE SANGER, TEXAS An election is hereby ordered to be held on May 2, 2020 for the purpose of: (Por la presente se ordena que se levara a cabo una eleccion el 2 de mayo 2020 con el proposito de:) Electing a Mayor and Two (2) Council Members for Place 2, Place 4. (Elegir un Alcaide y dos (2) Membeos del Consejo para los lugares 2 y 4.) Early Voting by personal appearance will be conducted at: (La votacion adelantada en persona se Ilevara a cabo en:) Church of Christ 400 Locust Street Sanger, Texas 76266 Early voting to be conducted on the following days, dates and times: (La votacion anticipada se realizara en los siguientes dias, fechas y horarios:) Monday through Friday April 20, 2020 — April 24, 2020 8:00 a.m. to 5:00 p.m. (Lunes a Viernes 20 de abril de 2020 - 24 de abril de 2020 8:00 a.m, to 5:00 p.m.) Saturday April 25, 2020 8:00 a.m. to 5:00 p.m. (Sabado 25 de abril de 2020 8:00 a.m. to 5:00 p.m.) Monday and Tuesday April 27 and April 28, 2020 7:00 a.m. to 7:00 p.m. (Lunes y martes 27 y 28 de abril de 2020) 7:00 a.m. to 7:00 p.m.) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a:) Denton County Election Administrator 701 Kimberly, Suite A 10 1 Denton, Texas 76208 Applications for ballot by mail must be received no later than the close of business on April 21, 2020. (Las solicitudes para boletas de votacion adelantada por correo deberan recibirse para el fin de las horas de negocio el: 21 de abril 2020. Issued this 3rd day of February, 2020. (Emitada este 3 de Febrero 2020.) Thomas E. Muir, Mayor Marissa Barrett, Council Member Place 1 Allen Chick, Council Member Place 4 Gary Bilyeu, Mayor Pro Tem (Place 2) Dennis Dillon, Council Member Place 3 David Clark, Council Member Place 5 Page 155 CITY OF SANGER, TEXAS NOTICE OF GENERAL ELECTION AVISO DE ELECCION GENERAL DE LA CIUDAD DE SANGER, TEXAS To the Registered Voters of the City of Sanger, Texas (A los votantes registrados del ciudad Sanger, Texas) Notice is hereby given that the polling place listed below will be open from 7:00 am to 7:00 pm on May 2, 2020, for voting in a General Election to elect a Mayor and two (2) Council Members. (Notifiquese, por las presente, que las casillas electorales citados abajo se abriran desde las 7:00 am hasta las 7:00 pin el 2 de mayo de 2020 para votar en la Eleccion General para elegir un Alcaide y dos (2) Membeos del Consejo.) LOCATION OF POLLING PLACE (DIRECCION(ES) DE LAS CASILLAS ELECTORIALES) Church of Christ 400 Locust Sanger, Texas 76266 Early voting by personal appearance will be conducted at: (La votacion adelantada en persona se lievara a cabo en:) Church of Christ 400 Locust Sanger, Texas 76266 Early voting to be conducted on the following days, dates and times: (La votacion anticipada se realizara en los siguientes dias, fechas y horarios:) Monday through Friday April 20, 2020 — April 24, 2020 8:00 a.m. to 5:00 p.m. (Lunes a Viemes20 de abril de 2020-24 de abril de 2020 8:00 a.m. to 5:00 p.m.) Saturday April 25, 2020 8:00 a.m. to 5:00 p.m. (Sabado 25 de abril de 2020 8:00 a.m. to 5:00 p.m.) Monday and Tuesday April 27, and April 28, 2020 7:00 a.m. to 7:00 p.m. (Lunes y manes 27 de abril y 28 de abril de 2020 7:00 a.m. to 7:00 p.m.) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a:) Denton County Elections Administrator 701 Kimberly, Suite A 10 1 Denton, Texas 76208 Applications for ballots by mail must be received no later than the close of business on April 21, 2020. (Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocla el 21 de abril 2020.) Issued this 311 day of February 2020. (Emitada este din 3 de Febrero 2020.) Thomas E. Muir, Mayor Page156 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR. ELECTION SERVICES This CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions, herein referred to as "participating authority or participating authorities" located entirely or partially inside the boundaries of Denton County: Participating Authorities: CITY OF SANGER This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 2, 2020 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as "Elections Administrator." RECITALS Each participating authority listed above plans to hold a General or Special Election on [election - date]. Denton County plans to hold county -wide voting for this General Election. The County owns the Hart InterCivic Verity Voting System, which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions (participating authorities) desire to use the County's voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections, in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all parties, IT IS AGREED as follows: 1. ADMINISTRATION The participating authorities agree to hold a "Joint Election" with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. Page 157 It is understood that other political subdivisions may wish to participate in the use of the County's Verity voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes, on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro -rated among the participants according to Section XI of this contract. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority's governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Elections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Early Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating authority, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). All Early Voting and Election Day voting locations shall be within the boundaries of Denton County. The proposed voting locations are listed in Exhibit A of this agreement. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Exhibit A. If polling place(s) for the [election -date] joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 1st, 2020 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names, addresses, and room or suite number, if applicable, in effect for the [election -date] election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Page 158 Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerics. The Election judges and clerks who attend in -person voting equipment training and/or procedures training, shall be compensated at the rate of $10 an hour. Election judges and clerks that elect to complete online training shall be compensated as a rate of a flat $30. In the event that as Election judge or clerk completes both in -person and online training, they shall be compensated for the training resulting in the highest pay and will not be compensated for both trainings. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying them of their appointment, the dates/times and locations of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge, or their designee, will receive an additional sum of $25.00 for picking up the election supplies and equipment prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Likewise, the Lead Clerk in Early Voting, or their designee, will receive an additional sum of $25.00 for picking up the election supplies prior to the first day of Early Voting and for returning the supplies and equipment to the Elections Department after Early Voting has ended. The compensation rates established by Denton County are: Early Voting — Lead Clerk ($12/hour), Clerk ($10/hour) Election Day --- Presiding Judge ($12/hour), Alternate Judge ($11 /hour), Clerk ($10/hour) The Elections Administrator may employ other personnel necessary for the proper administration of the election, as well as, pre and post election administration. In such cases, costs shall be pro - Page 159 rated among participants of this contract. Part-time help is included as is necessary to prepare for the election, to ensure the timely delivery of supplies during Early Voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127,006. If elections staff is required outside of the hours of the office's normal scope of business, the entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator will determine when those hours are necessary, the number of staff and whom are necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5 times the staffs hourly rate (See Sections XV #10). The Election Administrator has the right to waive these costs as they see fit. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County's Verity voting system and equipment, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. Any additional required materials (required by the Texas Election Code) must be provided by the Participating Authority, and delivered to the Elections Office thirty-three (33) calendar days (March 30, 2020) prior to Election Day. If this deadline is not met, the material must be delivered by the participating authority, to all Early Voting and Election Day locations affected, prior to voting commencing. The Elections Administrator shall be responsible for conducting all required testing of the voting equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating authorities shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each Participating Authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). Said list must be provided to the Elections Office within three (3) business days following the last day to file for a place on the ballot or after the election is ordered, whichever is later. Said list must be in a Word document, the information must be in an Wiper and lower case format, be in Arial 12 point font, and contain candidate contact information for the purposes of verifying the pronunciation of each of the candidates' names. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to Page 160 that authority's candidates and/or propositions. Each participating authority shall be responsible for proofing and approving the audio recording of the ballot insofar as it pertains to that authority's candidates and/or propositions. The approvals must be finalized with the Elections Office within five (5) calendar days of receipt of the proofs, or the provided proofs shall be considered approved. The joint election ballots shall list the County's election first. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged with the appropriate school district ballot content appearing on the ballot following the County's election, followed by the appropriate city ballot content, and followed by the appropriate water district or special district ballot content. Early Voting by Personal Appearance and on Election Day shall be conducted exclusively on Denton County's Verity voting system including provisional ballots. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as required by Election Code 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271,006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerics shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authorities shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Exhibit B of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. All requests for Temporary Early Voting Locations will be considered, and determined based on the availability of sites and if it is within the Election Code parameters. All costs for temporary sites including coverage by Election Administration staff will be borne by the requesting authority. The Elections Administrator will determine when those hours are necessary, the number of staff and whom are necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5 times the staff s hourly rate (See Sections XV #10). The Election Administrator has the right to waive these costs as they see fit. Page161 As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address of the Early Voting Clerk is as follows: Frank Phillips, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 E-mail: elections@dentoncounty.com Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots that are sent by a contract carrier (ie. UPS, FedEx, etc.) shall be delivered to the Early Voting Clerk at the Denton County Elections Department physical address as follows: Frank Phillips, Early Voting Clerk Denton County Elections 701 Kimberly Drive, Suite A101 Denton, TX 76208 Email: elections@dentoncounty.com The Elections Administrator shall post on the county website, the Participating Authority's Early Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the daily roster showing the previous day's early voting activity will be posted no later than 11:00 AM each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint the Presiding Judge of an Early Voting Ballot Board (EVBB) to process early voting results frorn the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Brandy Grimes, Deputy Elections Administrator Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator Page162 Presiding Judge: Early Voting Ballot Board Judge Alternate Judge: Early Voting Ballot Board Alternate Judge The counting station manager or their representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated by posting on the Election Administrator's Election Night Results website. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station (if requested) and by posting to the Election Administrator's Election Night Results website. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County's voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct returns that are required by Texas Election Code Section 67.004 for the participating authorities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or their designee, of the date of the canvass, no later than three days after Election Day. The Elections Administrator shall be responsible for conducting the post -election manual recount required by Section 127,201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each Participating Authority for uploading, by each participating authority, to the Secretary of State's Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY Each participating authority with territory containing population outside of Denton County agrees that they Elections Administrator shall administer only the Denton County portion of those elections. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within three (3) business days of the original election. Each participating authorities shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. Page 163 Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the [election -date] election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be [run -off -date], with early voting being held in accordance with the Election Code. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of the costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the number of registered voters within the district per Elections Day polling place. Costs for polling places shared by more than one participating authority shall be pro -rated among the participants utilizing that polling place. It is agreed that the charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority's election is conducted at more than one Election Day polling place, there shall be no charges or fees allocated to the participating authority for the cost of the Election Day polling place in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the cost associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for an equal portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non -temporary) early voting site within their jurisdiction shall pay an equal portion of the nearest regular early voting site. Costs for Early Voting by mail shall be allocated according to the actual number of ballots mailed to each participating authority's voters. Each participating authority agrees to pay the Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. Page164 The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with an individual jurisdiction if the above formula results in a cost allocation that is inequitable. If any participating authority makes a special request for extra Temporary Branch Early Voting by Personal Appearance locations as provided by the Texas Election Code, that entity agrees to pay the entire cost for that request. Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters in Denton County, and that do not have an Election Day polling place or early voting site within their Denton County territory shall pay a flat fee of $400 for election expenses. Election expenses, including but not limited to, overtime charges for Election Office staff, and any unforeseen expenses needed to conduct the election, will be borne by the participating authority or authorities, affected. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fees, if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Denton County Elections Building, may be dropped from the joint election unless one or more of the remaining participating authorities agreed to fully fund such site(s). In the event that any early voting site is eliminated under this section, as addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Page165 Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the appropriate participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authorities agree that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor, and the participating authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Page166 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. 9. Failure for a participating authority to meet the deadlines as outline in this contract may result in additional charges, including but not limited to, overtime charges, etc. 10. Elections Staffing Hourly Rate (includes all benefit pay): Absentee Voting Coordinator Voter Registration Clerk Technology Resources Coordinator Elections Technician Voter Registration Coordinator Training Coordinator Election Coordinator $40.023 $31.883 - $34.763 $43.277 $30.521 - $34,763 $41.106 $41.899 $34.763 XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. The exact amount of each participating authority's obligation under the terms of this agreement shall be calculated after the [election -date] election (or runoff election, if applicable). The participating authority's obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator. The total estimated obligation for each participating authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election: [costs] [pagebreak] THIS PAGE INTENTIONALLY BLANK. Page167 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit: (1) It has on the day of 2020 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the day of 2020 been executed by the Mayor on behalf of the City of Sanger pursuant to an action of the City of Sanger Council so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: Awe Qrto' Frank Phillips, CERA ACCEPTED AND AGREED TO BY THE CITY OF SANGER, TEXAS.: APPROVED: Mayor, Thomas E. Muir ATTESTED: City Secretary, Cheryl Price Page168 BANGER CITY COUNCIL AGENDA MEMO AGENDA ITEM NO.13.a. AGENDA MEETING DATE: February 3, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEM/CAPTION: All American Dogs Report 12-2019 All American Dogs Report for December 2019. AGENDA TYPE: Regular ACTION REQUESTED: Other: Informational BACKGROUND: Attached for your review is the All American Dogs Report which was not included as an attachment on the January 21st 2020 Agenda. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A ATTACHMENTS: Description All American Dogs Report 12-2019 Upload Date Type 1/28/2020 Cover Memo Page169 _i On a)4 r r �(-+ O oft c ( a +°� c a_ - 41 o u y 41 I I r- 1Y01 1 L6 E O ,Op ra 'Col u y { a)C 'o 'O N i O 45 It y.. Gl O N Olt (aC a:+ on .a =) N t C CI 0 0 of E '0 0 u Y; j oI I I { I k [ CW S C).... .......o,(o o I E C) NCD , ZD { O I ._O y _ i € I O 10 N I OI OI j i I (O Cl N I i I I Oj C) CD IC , O O Cl C) r i0 C) fN(� � i0 (Oj �(-4 of O ! O N N� V {N N j �N I N( ( { �rq �� �NY ( � I 00 : U{ p pp C)i I CD V N z. o i Z to r o UI vi I,! 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