Loading...
10/16/2023-CC-Agenda Packet-RegularCITY COUNCIL MEETING AGENDA OCTOBER 16, 2023, 6:00 PM CITY COUNCIL REGULAR MEETING HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM DISCUSSION ITEMS 1. Presentation and discussion on an updated Purchasing Policy. 2. Discussion on possibly allowing consumption and/or possession of alcoholic beverages on city-owned property during special events. 3. Presentation and discussion on solid waste and recycling services. OVERVIEW OF ITEMS ON THE REGULAR AGENDA ADJOURN THE WORK SESSION The Regular Meeting will begin following the Work Session but not earlier than 7:00 p.m. CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM INVOCATION AND PLEDGE CITIZENS COMMENTS This is an opportunity for citizens to address the Council on any matter. Comments related to public hearings will be heard when the specific hearing begins. Citizens are allowed 3 minutes to speak. Each speaker must complete the Speaker’s Form and include the topic(s) to be presented. Citizens who wish to address the Council with regard to matters on the agenda will be received at the time the item is considered. The Council is not allowed to converse, deliberate or take action on any matter presented during citizen input. REPORTS Staff Reports are for discussion only. No action may be taken on items listed under this portion of the agenda. 4. Development Services Project Update 2022-2023 1 CONSENT AGENDA All items on the Consent Agenda will be acted upon by one vote without being discussed separately unless requested by a Councilmember to remove the item(s) for additional discussion. Any items removed from the Consent Agenda will be taken up for individual consideration. 5. Consideration and possible action on the minutes from the October 2, 2023, meeting. 6. Consideration and possible action to sign Local Agreement Respecting Forfeited Contraband Under Chapter 59 and Article 18.18, Texas Code, between the Chief of Police of Sanger Texas and the District Attorney’s office of Denton County. 7. Consideration and possible action on the Denton Municipal Electric (DME) Mutual Aid agreement and authorizing the City Manager to execute said agreement and all necessary documents. 8. Consideration and possible action on Interlocal Cooperation Agreement between Denton County and the City of Sanger Police and Fire Departments for the use of Denton County Radio Communications System. 9. Consideration and possible action on authorizing staff to issue an RFQ for Conceptual Renderings for Porter Sports Park Phase 2. 10. Consideration and possible action on Resolution No. 2023-15 adopting a Purchasing Policy. 11. Consideration and Possible Action on Ordinance 10-29-23 delegating purchasing authority to the City Manager in accordance with the City Charter and the City’s Purchasing and Procedures Manual. PUBLIC HEARING ITEMS 12. Conduct a public hearing on a request for a variance from Chapter 3 Building Regulations – Article 3.1407.b.2.A, to allow a variance from the maximum 150 square feet of sign per and allow for a maximum of 225 square feet per side. The proposed sign will be located at 1405 N Stemmons. ACTION ITEMS 13. Consideration and possible action on a request for a variance from Chapter 3 Building Regulations – Article 3.1407.b.2.A, to allow a variance from the maximum 150 square feet of sign per and allow for a maximum of 225 square feet per side. The proposed sign will be located at 1405 N Stemmons. 2 14. Consideration and possible action on a Preliminary Plat of lots 1-12 Block A, Lots 1-7 Block B, Block C, and open space lot 5x, 8x, 13x of Lakeside Estates Addition, being 68.028 acres, located in the City of Sanger’s ETJ, and generally located on the north side of McReynolds Road approximately 120 feet north east of the intersection of McReynolds Road and FM 455. 15. Consideration and possible action to select Republic Services for solid waste and recycling services and authorizing the City Manager to negotiate a possible contract with Republic Services. FUTURE AGENDA ITEMS The purpose of this item is to allow the Mayor and Councilmembers to bring forward items they wish to discuss at a future meeting, A Councilmember 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 Mayor. INFORMATIONAL ITEMS Information Items are for informational purposes only. No action may be taken on items listed under this portion of the agenda. 16. Atmos Energy Rider GCR Rate Filing under Docket No. 10170 09-26-2023 ADJOURN NOTE: The City Council reserves the right to adjourn into Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.087 of the Texas Open Meetings Act. CERTIFICATION I certify that a copy of this meeting notice was posted on the bulletin board at City Hall that is readily accessible to the general public at all times and was posted on the City of Sanger website on October 11, 2023, at 3:00 PM. /s/Kelly Edwards Kelly Edwards, City Secretary The Historical Church is wheelchair accessible. Request for additional accommodations or sign interpretation or other special assistance for disabled attendees must be requested 48 hours prior to the meeting by contacting the City Secretary’s Office at 940.458.7930. 3 CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Alina Ciocan, Assistant City Manager AGENDA ITEM: Presentation and discussion on an updated Purchasing Policy. SUMMARY:  In FY 22-23, City Administration implemented a new internal program designed to analyze the various functions of the organization with the goal of optimizing operations and providing better services to our residents.  As part of this effort, Purchasing was the first function to be reviewed.  Through this review process, updating the City’s Purchasing Policy & Procedure Manual has been identified as a necessary step in establishing an even more robust Purchasing program. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: N/A ATTACHMENTS:  Purchasing Policy & Procedure Manual 4 Item 1. Exhibit A CITY OF SANGER Purchasing Policy & Procedures Manual City Council Adoption: 5 Item 1. TABLE OF CONTENTS Section 1: Policy .................................................................................................................. 4 1.1 Purpose & Policy .................................................................................................... 4 1.2 Authority ................................................................................................................. 4 1.3 Enforcement ........................................................................................................... 5 1.4 Legislative Updates ................................................................................................ 5 1.5 Additional Resources ............................................................................................. 5 Section 2: Purchasing Ethics ............................................................................................... 6 2.1 Definitions ........................................................................................................................... 6 2.2 Purchasing Code Of Ethics .................................................................................... 6 2.3 No Employee Interest In Existing Contract ............................................................. 7 2.4 Conflict Of Interest ............................................................................................................. 7 2.5 Gratuities (Gifts And Entertainment) ....................................................................... 7 2.6 Supplier/Vendor Relations ..................................................................................... 8 Section 3: Purchasing Procedures ...................................................................................... 9 3.1 Department Responsibilities ................................................................................... 9 3.2 Purchasing Thresholds .......................................................................................... 9 3.3 Emergency Purchases ......................................................................................... 11 3.4 Disaster Procurement .......................................................................................... 12 3.4.1 Purpose ....................................................................................................... 12 3.4.2 Definitions ................................................................................................................. 12 3.4.3 Delegations Of Purchasing Authority In Exigent Circumstances ................... 13 3.4.4 Delegation Of Authority ................................................................................. 13 3.4.5 Procurement Procedures In Exigent Circumstances .................................... 14 3.4.6 Notification And Ratification ................................................................................... 15 3.5 Sole Source Purchases ....................................................................................... 16 3.6 Cooperative Purchases ....................................................................................... 17 3.7 Procurement Of Professional Services ............................................................... 17 3.8 Public Works/Construction Procurement ............................................................. 17 3.9 Change Orders ................................................................................................... 18 3.10 Purchasing Card ................................................................................................. 19 Section 4: Methods Of Procurement ................................................................................. 25 Section 5: Bond, Insurance, And Indemnification ...................................................................... 28 Section 6: Contracts .......................................................................................................... 31 Section 7: Surplus Property ............................................................................................... 32 7.1 Purpose ............................................................................................................... 32 7.2 Definitions ......................................................................................................................... 32 7.3 General ................................................................................................................ 32 7.4 Personal Use Prohibitions And Permissions ........................................................ 32 Section 8: Grants .............................................................................................................. 34 8.1 Policy ................................................................................................................... 34 2 City of Sanger 6 Item 1. 8.2 Identification And Application .......................................................................................... 34 Section 9: Miscellaneous Guidelines ................................................................................. 35 9.1 Bid Protests.......................................................................................................... 35 9.2 Debriefing .......................................................................................................................... 35 9.3 New Vendors ....................................................................................................... 35 9.4 Discrimination....................................................................................................... 35 9.5 Placing Orders ..................................................................................................... 35 9.6 Quotes - Freight Charges And Fees .................................................................... 35 9.7 Purchasing Orders .............................................................................................. 35 9.8 Invoices ............................................................................................................... 36 9.9 Revolving Credit Accounts .................................................................................. 36 9.10 Sales Tax Exemption ........................................................................................... 36 9.11 Tie Bids ............................................................................................................... 36 9.12 Vendor Performance ........................................................................................... 36 9.13 Non-Performing Vendors .................................................................................... 37 9.14 Prompt Payment Act ........................................................................................... 37 Purchasing Policy & Procedures Manual 3 7 Item 1. Section 1: POLICY 1.1 PURPOSE & POLICY It is the policy of the City to conduct procurement functions efficiently, effectively, and in full compliance with all federal and state laws, the City Charter, and City policies and procedures. The purpose of the Purchasing Policy is to provide guidance to all employees regarding procurement- related activities. Purchasing is a function of all departments. Department Directors, Assistant Directors, and Managers are responsible for ensuring that departmental purchases are in compliance with the City’s Purchasing Policy and approved budget. Purchasing procedures are subject to the following: • All purchasing shall adhere to sound purchasing policies to ensure that Sanger taxpayers receive the best value for city purchases. • All purchasing shall be made in accordance with the laws of the State of Texas, including Chapters 252 and 271 of the local government code, City Charter, and City administration policy and procedures. • Purchasing activities will be managed with proper controls, and all requisitions will be processed in a timely manner to ensure sufficient practices. • It is the policy of the City to obtain City Council approval on any expenditures of $50,000 or greater in accordance with State Statues. • In accordance with the city charter, the city council shall have the right to reject any and all bids. 1.2 AUTHORITY The City Council’s authority to contract for all goods and services is delegated to the City Manager as outlined in this policy and to those employees to whom the City Manager delegates that responsibility. The Chief Financial Officer interprets this policy. Any questions regarding the Chief Financial Officer’s interpretation and/or application of the policy may be taken to the City Manager for review and consideration. The City Manager shall resolve any question about any interpretation and/or application of the policy when there is a conflict. Policy administration rests with the City management, and City management reserves sole authority to administer City operations. Amendments and/or updates to the City of Sanger Purchasing and Procedures Manual must be approved by resolution of the City Council. The City Manager, as authorized by the City Council, may amend, revise, and make certain changes to the Purchasing and Procedures Manual as deemed necessary in the event said changes do not have the effect of revising the original force and intent of the policy and procedures set forth and adopted by City Council. 4 City of Sanger 8 Item 1. 1.3 ENFORCEMENT It shall be the authority of the City Manager and Finance Director to enforce all procurement procedures. A violation is defined as an employee’s action or omission that indicates a disregard for purchasing laws, policies, or procedures. A violation also may be noted if the employee’s action was unintentional but violates federal law, state law, city charter, policies, or procedures . Personnel who attempt to contract in the name of the City, or make authorized or unauthorized purchases outside the scope of this policy, may be subject to disciplinary action up to and including termination, legal action, and personal financial liability. If an officer or employee fails to comply with the competitive bidding or competitive proposal procedures required by law, that person may be charged with a Class B misdemeanor. This includes a situation where the officer or employee knowingly or intentionally authorizes separate, sequential, or component purchases to avoid competitive bidding requirements. Texas Local Government Code §§ 252.062, 252.063, and 271.029 provide criminal penalties for officers and employees who knowingly violate state purchasing statutes. 1.4 LEGISLATIVE UPDATES Any amendments to State or Federal law will automatically take effect on the date as stated in the legislation. 1.5 ADDITIONAL RESOURCES For additional information, the following are listed for reference: • Texas Local Government Code, Chapter 252 https://statutes.capitol.texas.gov/Docs/LG/htm/LG.252.html • Texas Local Government Code, Chapter 271 https://statutes.capitol.texas.gov/Docs/LG/htm/LG.271.html • TML – Municipal Procurement Made Easy https://www.tml.org/351/Purchasing Purchasing Policy & Procedures Manual 5 9 Item 1. Section 2: PURCHASING ETHICS It is the policy of the City of Sanger that the following ethical principles govern the conduct of all employees involved, directly or indirectly, in the City’s procurement process. 2.1 DEFINITIONS Vendor is defined as a person or business that enters or seeks to enter into a contract with the City. Family Member means a person related to another person within the third degree of consanguinity. Family Relationship is a relationship between a person and another person within the second degree of affinity. Gift means a benefit offered by a person, including food, lodging, transportation, and entertainment accepted as a guest. 2.2 PURCHASING CODE OF ETHICS A special responsibility is imposed on all City of Sanger employees entrusted with allocating City funds. Employees are held to the highest degree of integrity in government procurement to secure the best financial results and comply with the procurement process. Employees involved in purchasing and purchasing-related functions must remain independent, free of obligation or suspicion, and entirely fair and impartial. Credibility and public confidence are vital throughout the purchasing process. Every person employed by the City of Sanger and performing public purchasing and purchasing-related functions shall abide by this code of ethics. • Refrain from holding business meetings with suppliers outside the office. If such a meeting is necessary, carefully choose the location so there will be no perception by others in the business community or your peers of impropriety. • Adhere to lawful instructions, using reasonable care, and only granted authority. Strive • to continually increase competition in supplier selection and endeavor to prevent any collusive activities among suppliers. Avoid soliciting or accepting money, loans, credits, and acceptance of gifts, entertainment, favors, or services from present or potential suppliers that might influence or appear to influence supply management decisions. • Handle confidential or proprietary information with due care and proper consideration. Receive consent from the originator of confidential information or proprietary ideas and designs before using them for competitive purchasing purposes. • Treat supplies equitably, without preference or discrimination, and without imposing • unnecessary constraints on the competitive market. • Avoid the intent and appearance of unethical or compromising practices in relationships, actions, and communications with vendors. 6 City of Sanger 10 Item 1. • Refrain from conducting any private business or professional activity that would result in a conflict of interest between the employee and employer. • Prohibit business relationships with persons with whom you are family member or with whom you have a family relationship. 2.3 NO EMPLOYEE INTEREST IN EXISTING CONTRACT Employees may not have any financial or other interest, in any proposed or existing contract, purchase (materials & supplies), work, sale, or service to, for, with, or by the City. A. Use of City employment, authority, or influence for personal betterment, financial or otherwise, is prohibited. 2.4 CONFLICT OF INTEREST City employees and officials must become familiar with the requirements in Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers; and Texas Local Government Code Chapter 171, Regulation of Conflicts of Interest of Officers of Municipalities; and the penalties provided therein. If a conflict exists, the employee shall notify the Chief Financial Officer in writing and remove himself or herself from the City purchasing process. 2.5 GRATUITIES (GIFTS AND ENTERTAINMENT) Employees shall not solicit or accept money, loans, gifts, favors or anything of value from current or potential vendors/contractors that might influence or appear to influence a purchasing decision or the City procurement process. If anyone is in doubt about whether a specific transaction complies with the policy, the person should disclose the transaction to the Chief Financial Officer for a determination of compliance. A. The purpose of the policy governing gifts to public employees is to regulate attempts to influence employees to use their authority or discretion to the advantage of the person making the gift and prevent criminal conduct per City policy. B. No officer or employee of the City shall accept, directly or indirectly any gifts, privileges or employment from any corporation, business or entity enjoying business from the City. The City recognizes that food items may be received from citizens and vendors as a ‘thank you’ for service during holiday time and on other occasions. Such offerings, including gift donations, are permissible and should be made for the enjoyment of everyone as available in that particular department, division, or worksite. Purchasing Policy & Procedures Manual 7 11 Item 1. C. Items that are not consumable on the premises shall be returned, donated to a City program or community organization, or used as a door prize at a City event. D. This policy is not intended to prohibit the employee or department from accepting discounted values when carrying out departmental (non-personal) business or accepting courtesy generally extended to business or governmental organizations within reason. E. Employees can attend events, meals, and sponsored events from citizens and vendors at the discretion of the employee’s supervisor. F. The City, as a whole, may accept consumable products as stated in item C above if the items are provided by a vendor that is not currently under evaluation through a procurement process. G. Questions regarding the acceptance of gifts should be channeled through the Chief Financial Officer. 2.6 SUPPLIER/VENDOR RELATIONS Employees of the City must: A. Promote positive vendor relations through courtesy and impartiality in all phases of the procurement process; B. Handle confidential or proprietary information belonging to the City, fellow employees, or vendors with care and proper consideration of ethical and legal ramifications and governmental regulations; C. Never use information gained confidentially in the performance of duties for profit; D. Exhibit a friendly, cooperative, and yet objective relationship with all suppliers; this will help avoid the appearance of partiality in business dealings; and E. Actively strive to comply with City policies and federal and state laws regarding purchases from small businesses and those owned by minorities and other disadvantaged groups. City employees must discharge their duties impartially to ensure suppliers have fair and competitive access to government procurement. City employees must conduct themselves in such a manner as to foster public confidence in the integrity of the City of Sanger procurement opportunities. Each employee must report any potential violations to the proper authorities. 8 City of Sanger 12 Item 1. Section 3: PURCHASING PROCEDURES 3.1 DEPARTMENT RESPONSIBILITIES It is the responsibility of the Department Director and/or Authorized Designee to ensure the following: A. The appropriate budget has been identified and is available; B. The appropriate method of purchase has been identified. For any purchases expected to exceed $50,000, the Finance Department should be consulted on ensuring the appropriate method of purchase is selected; C. City management and/or City Council approves of the purchase; D. City policy is being followed; E. State and Federal laws are being enforced; F. Documentation for the purchase is attached to the PO as requested G. Invoices are submitted within five (5) days of receipt to adhere to the provisions of the Prompt Payment Act as defined in section 9. 3.2 PURCHASING THRESHOLDS Purchasing thresholds are established to ensure fair competition among available, responsible vendors. To effectively expedite and control purchases of goods and services that are subject to Local Government Code, Chapter 252, the City of Sanger has adopted the follo wing purchasing thresholds. Employees should be aware that Chapter 252 of the Texas Local Government Code prohibits the use of “separate, sequential, or component purchases” to avoid competitive bidding requirements: Component Purchase is a purchase of the component parts of an item that in normal purchasing practices would be purchased in one purchase. Separate Purchases are purchases made separately of items that in normal purchasing practices would be purchased in one purchase Sequential Purchases are purchases made over a period of items that in normal purchasing practices would be purchased in one purchase. At no time, shall purchases be broken down into smaller quantities or specialized activities so as to avoid the requirements stated below. This practice is against State law and City policy. PURCHASES $2,999.99 OR LESS A. An approved department representative may source these items directly. B. Multiple quotes are recommended, but not required for this threshold. C. Purchases must be made with the purchasing card, under an authorized vendor charge account, or by obtaining a purchase order prior to placing the order. The following documentation is required: Purchasing Policy & Procedures Manual 9 13 Item 1. • Quote or proposal • Contract executed by City Manager, if applicable. Insurance is required if the supplier is performing work on City property. • Insurance certificate, if applicable. PURCHASES $3,000 TO $49,999.99 A. Requires three written quotes. B. Requires a documented attempt to contact two Historically Underutilized Businesses (HUBs) from HUB vendors within Denton County. C. A purchase must be made by obtaining a purchase order prior to placing the order. The following documentation is required: 1. All quotes/proposals obtained for this purchase (minimum of three) 2. HUB vendor information, if applicable. Indicate which HUB vendors were contacted. If no HUB vendors were identified, please indicate so. 3. Contract executed by the City Manager, if applicable. 4. Insurance certificate, if applicable. Insurance is required if the supplier is performing work on City property. PURCHASES $50,000+ Purchases in amounts of $50,000 or greater are generally subject to requirements of the competitive bid process unless specifically exempted by State Law. Exceptions to the $50,000 Bid Threshold: E. Professional Services F. Emergency Purchases G. Disaster Purchases H. Sole Source Purchases I. Cooperative Purchases J. Other Exemptions as outlined in the Texas Local Government Code Chapter 252 10 City of Sanger 14 Item 1. APPROVAL AUTHORITY AMOUNT Approval Requirements Level 1 Level 2 Level 3 Level 4 Review & Issuance $2,999.99 or less Authorized Staff Director Finance $3,000 - $24,999.99 Authorized Staff Director Finance $25,000 - $49,999.99 Authorized Staff Director City Manager Finance $50,000 + Authorized Staff Director City Manager City Council Finance 3.3 EMERGENCY PURCHASES Texas statutes generally allow the local government to make “emergency or exempted purchases” without competitive bidding as per Texas Local Government Code 255.022 “General Exemptions”. A political subdivision is generally exempted from competitive bidding or contacting Historically Underutilized Businesses (HUB) if one of the following occurs: Public Calamity – In the case of a public calamity, the prompt purchase of items is required to provide for the needs of the public or to preserve the property of the political subdivision. Preservation or Protection – The item is necessary to preserve or protect the health or safety of residents of the political subdivision. Unforeseen Damage – The item is made necessary by unforeseen damage to public property. True emergencies almost always occur as a result of parts and labor needed for unforeseen repairs to equipment that must be kept operational. When an emergency occurs, the need for quotes will be eliminated; however, a written explanation must be indicated on the Statement of Compliance for Irregular Purchases A. If the product or service is over $3,000 and under $50,000, obtain the City Manager’s authorization. Once authorization has been received, submit a requisition to obtain a purchase order, then call the vendor to initiate repair services or order the needed materials. The Purchase Order should be prepared and approved by both the Department Director and the City Manager. Immediately, or as soon as feasible, submit a copy of the invoice to Purchasing. B. In the event the emergency expenditure exceeds $50,000, follow the same procedures outlined in item A above, and prepare an agenda item and/or resolution for City Council approval to declare it an emergency and ratify payment for the products or services purchased. Purchasing Policy & Procedures Manual 11 15 Item 1. C. In extreme cases involving a disaster, an emergency declaration will be made. All purchases must be documented through proper state and federal forms and authorized by the Emergency Operations Center designated employee(s). D. An emergency created through neglect will not be processed as an emergency. Typical examples of such neglect are: A. Depletion of stock due to lack of planning. B. Building or equipment needing repairs for some time suddenly becomes listed as an emergency overnight within a short period with no substantial reason or facts. C. Orders of materials for projects, most of which must be planned weeks or months ahead of time and requested just before desired use. 3.4 DISASTER PROCUREMENT 3.4.1 PURPOSE This policy modifies the City of Sanger’s normal procurement practices to assure that, in both emergency and exigent circumstances caused by a proclaimed disaster or emergency, the City of Sanger is able to acquire the goods and services required to address an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of signif icant damage to improve public and private property through cost-effective measures while still maintaining an effective purchasing process and complying with applicable local and state purchasing laws. Where the City is included in a major disaster or emergency declared by the President of the United States, this policy also assures that City purchases comply with Federal regulations applicable to FEMA disaster grant reimbursement as defined in Title 2 of the Code of Federal Regulations, Part 200. (2CFR Pa rt 200) 3.4.2 DEFINITIONS For the purposes of this policy, a proclaimed disaster or emergency exists if: A. The Governor has declared a state of emergency for an area that includes the geographic territory of the City of Sanger, or B. The Mayor of the City of Sanger has declared an emergency in the City. Exigent circumstances are situations in which: C. A disaster or emergency has been proclaimed, and D. The public exigency for goods and services required to address an immediate threat to life, public health, or safety or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures will not permit competitive solicitation. Emergency Operations Center (EOC) is the centralized location of emergency response and recovery support operations during incidents. 12 City of Sanger 16 Item 1. Emergency Management Coordinator (EMC) is the employee delegated by the Mayor. 3.4.3 DELEGATIONS OF PURCHASING AUTHORITY IN EXIGENT CIRCUMSTANCES A. Delegation - If the City Manager determines that goods and services must be procured before the City Council is able to assemble and approve purchases, the City Manager has the authority, subject to the limitation set forth in subparagraphs 3.4.3 B and 3.4.3 C, to approve the immediate rental or purchase of any equipment, supplies, services or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures. B. Limits of Single Purchase Authority - The City Manager or designee shall have the authority to make individual purchases up to $10,000 on his or her signature alone. The City Manager shall have the authority to make purchases above $10,000 up to a maximum of $250,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by the Mayor Pro-tem, and in his or her absence, another council member. C. Limits of Aggregate Purchase Authority - The City Manager or designee shall have the authority to make aggregate purchases up to $10,000 on their signature alone. The City Manager shall have the authority to make purchases in excess of $10,000 up to a maximum of $250,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by the Mayor Pro-tem, and in his or her absence, another council member. 3.4.4 DELEGATION OF AUTHORITY Sub-Delegation: At any time that the City Manager is not available, his or her designee shall approve purchases as allowed in this section. Sub-Delegation of Purchasing Authority: If neither the City Manager nor his or her designee is available, the following department heads have the authority to rent or purchase from the nearest available source any equipment, supplies, services, or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures, up to a maximum of $10,000. Department Heads include: • Assistant City Manager • Chief Financial Officer • Police Chief • Fire Chief Purchasing Policy & Procedures Manual 13 17 Item 1. • Assistant Fire Chief • Public Works Director Administrative Procedures: A. As soon as possible, after purchases are made under this section, the City Manager, his or her designee, or department head shall submit to the Finance Director a requisition and a notation that the commodity has been ordered on an emergency basis from the vendor designated. B. The Chief Financial Officer will inform the City Manager and City Council of any individual purchase under this section with a contract amount greater than $10,000 and also whenever the aggregate of purchases under this section is greater than $250,000. C. Finance staff will obtain the City Manager’s or the City Manager’s designee approval prior to any purchase by a department head if the amount is $10,000 or more. D. If the City Manager or his or her designee is unavailable, and the delay in getting his/her signature would imperil life, safety, or improved property, the department heads as listed in 3.4.4 above may approve the emergency purchase of $10,000. E. The Chief Financial Officer shall have the authority to approve all disaster-related purchases under $250,000. F. The Chief Financial Officer will expedite the verification of funds available and complete the preparation of the purchase order. 3.4.5 PROCUREMENT PROCEDURES IN EXIGENT CIRCUMSTANCES Upon receipt of requisitions under Section 3.4, the Chief Financial Officer shall prepare purchase orders for the emergency equipment, supplies, services, or other items in accordance with the requirements of this section. A. Exempt Purchases are those less than $250,000 and do not require a formal bid. B. Purchases greater than $250,000 may be made following the procedures specified in this section. The signature(s) of the City Manager, Chief Financial Officer, and/or Department Head are required. Justification of Sole Source or No-bid Contracts, where exigent circumstances require immediate Procurement from the nearest available source, A. The Chief Financial Officer shall use the “Justification Form for Emergency Sole Source or No-Bid Purchase.” B. Procurement should be limited to that portion of the work that must be performed 14 City of Sanger 18 Item 1. immediately, allowing subsequent Procurement by competitive proposals of the remainder of the work. C. “Sole source” or “no-bid” acquisitions shall be necessary for one of the following reasons: placement of emergency protective measures, procurement of a scarce commodity, goods, or services or purchase or rental of emergency equipment, emergency consulting services, emergency road clearance or other emergency requirements. Provision for Alternate Bid Solicitation Procedures: : The City’s normal requirements for sealed bids shall not apply to acquisitions under this section. However, the Department Head shall conduct telephonic or other electronic bid solicitation from potential vendors or suppliers in lieu of written and/ or sealed bids in an effort to obtain multiple competitive proposals when and if time allows in light of the exigent circumstances. Locations of Postings for Request for Proposals or Invitation to Bids: The Chief Financial Officer may waive standard requirements for public posting of requests for proposals or solicitation of bids. Notices soliciting bids or requests for proposals shall be posted at the City’s designated Emergency Operations Center. Length of Time for Posting Requests: The Chief Financial Officer may shorten the normal bid period from fourteen days to expedite the award of contracts for emergency equipment, goods, or services. The Procurement Officer should seek to ensure that the shortened bid period allows multiple suppliers to submit bids. Number of Bids Required: Solicited bids that are non-responsive shall count towards the minimum number of bids required when there is a declared emergency or disaster in the Jurisdiction. All such no-bids must be documented as to the time, date, and person/company contacted, with a reason for no-bid, if possible. 3.4.6 Notification and Ratification Posting of Contracts and Awards – Under this section, all contracts awarded that exceed $50,000 shall be presented to City Council for ratification and publicly posted within sixty (60) days. Authority to Cancel Emergency Procurements: The City has the absolute authority to rescind a contract for non-performance within 24 hours when a contractor or vendor, once awarded a con tract, is unable to perform under the terms of the contract and the resulting delay or non -performance presents an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures. 1. Notification Requirement for Emergency Purchases: For any purchase in excess of $50,000, the Chief Financial Officer shall report all such purchases to City Council within thirty (30) days of the onset of the disaster. 2. Requirement for Separate Invoicing: All purchases or rentals made during proclaimed emergency or disaster conditions shall require separate invoicing from routine (non - disaster related) purchases. All invoices shall state the goods, services, or equipment Purchasing Policy & Procedures Manual 15 19 Item 1. provided and shall specify where the goods or services were delivered. All invoices shall specify the locations where the goods or services were used if at all possible. 3. Auditing of Invoices for Debris Clearance Prior to Payment: All invoices for debris clearance and removal shall be audited by the City prior to payment to the vendor. Vendors shall be notified of this requirement before the award of any contract for debris clearance and/or removal. Audits shall be in accordance with procedures for debris removal monitoring specified in FEMA’s Publication 325, Debris Management Guide. 4. Limitations of Disaster Purchasing Policy: For the purposes of this section, an emergency or disaster shall be deemed to exist when a condition exists that presents an immediate threat to life, public health, or safety or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost- effective measures and a local emergency or disaster has been proclaimed. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to life, public health, or safety or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost- effective measures shall follow the City’s regular purchasing provisions. 5. Notwithstanding the terms of this policy, nothing contained herein shall conflict with Federal procurement regulations as currently defined in 2 CFR Part 200. 3.5 Sole Source Purchases Quotes are not required if the materials, goods, or supplies can only be purchased from a sole vendor, in other words, a sole source. Reasonable efforts must be made to ensure purchases from sole sources are correctly classified as such. Materials, goods, and/or supplies cannot be requested so as to remove other suitable alternative vendors/sources. The department must attach justification to validate the sole source procurement meets one of the requirements listed below. • The good/service is one-of-a-kind or patented, copyrighted, secret process or unique item; • The product is only available from a regulated or natural monopoly; or • The product is a component of an existing system that is only available from one supplier. • Sole source purchases are approved only after the lack of alternate sources has been determined and proof of sole source is documented. The written justification should include one or more of the following: • Statement on company letterhead from vendor attesting to the fact that the item(s) being requested are only available from that vendor. • A statement from the Department Director or authorized designee providing information concerning previous attempts to obtain competitive bids on the item(s) requested including the name of the company and person contacted, in an effort to find other sources. 16 City of Sanger 20 Item 1. • If the purchase is $50,000 or greater, it must be found to be a sole source by the City Council before the purchase or contract is executed. 3.6 Cooperative Purchases Texas Government Code, Chapter 791, and Texas Local Government Code, Chapter 271, authorize the use of cooperative purchasing programs. These chapters authorize the City to use another entity’s bid and likewise allow another entity to use the City’s contracts. Additionally, the statutes allow the City to use a cooperative contract issued by an established cooperative agency. The following must be included and established to utilize a cooperative contract. A. The bid specifications/contract must have cooperative language. B. The awarded vendor must have agreed to the terms. C. An Inter-local agreement must be in place between the City and the issuing entity. The City has established memberships and entered into inter-local agreements which promote participation in cooperative purchasing programs. Purchasing Inter-local Agreements will not be executed to merely avoid the competitive process. The Finance Department shall manage and oversee all Purchasing Inter-local Agreements. Departments should contact the Finance Department for assistance with cooperative purchases and any reporting requirements. 3.7 Procurement of Professional Services Professional services generally refer to those services performed by an individual. Cities are prohibited by law from awarding a contract by competitive bidding for some professional services, including architects, interior designers, engineers, or certified public accountants. The Professional Services Procurement Act established a set of procedures that must be followed to contract for these services. The selection of these providers shall be based on demonstrated competence, experience, and qualifications of the firm. If a department is not sure if a service is a “professional service,” the department should contact the Finance Department before securing such services. 3.8 Public Works/Construction Procurement Public Works projects are those projects that require the construction, repair, or renovation of a structure, building, street, highway, bridge, park, water and wastewater distribution facility, airport runway or taxiway, drainage project, or other improvements or additions to real property. A. Bid Type: Several processes are defined in the Texas Government Code Chapter 2269. The Department Head shall consult with the Chief Financial Officer to determine which method will provide the best value for the City. Purchasing Policy & Procedures Manual 17 21 Item 1. B. Prevailing Wage Rates: Texas Government Code Chapter 2258 mandates that any Public Works contract awarded by the City include the requirement to pay prevailing wage. The statue requires the payment of a prevailing wage rate for laborers and mechanics and applies to both contractors and subcontractors. Wages for workers on construction projects shall not be paid less than the schedule of general prevailing rates of per diem wages as mandated. The prevailing wage rate or a link with the wage rates with the date shall be included in public works projects. Rates may be accessed at: http://www.wdol.gov/dba. aspx. C. Bonding Requirements: Bonds shall be executed in accordance with the Texas Government Code Chapter 2253. • The bond must be executed by a corporate surety in accordance with the policies of the City. • The corporate surety must be licensed by the State of Texas to issue surety bonds and appear on the U.S. Treasury List of acceptable forms. • A Power of Attorney must be included. • Bonding shall be verified prior to the start of any project. D. Insurance and Indemnification Requirements: • The minimum insurance required will be specified by the City of Sanger. • For construction projects, all contractors and sub-contractors, including those delivering equipment or materials or performing a service shall provide workers’ compensation for all employees. General contractors are responsible for ensuring that sub -contractors carry the same or higher insurance as those required. • All contractors shall provide proof of coverage satisfactory to the City. Contractors shall post required signs at the job site(s) informing all workers of their right to workers’ compensation coverage. Texas Labor Code §406.096. 3.9 Change Orders A change order is the written documentation and approval process that must be performed when changes in the scope of a project are proposed after the performance of a contract has begun. Such changes may include a significant change in the quantity of work to be performed, the cost of work to be performed, or the materials, equipment, or supplies to be furnished. A change order is usually written for a construction contract but may be necessary for other types of contracts. Refer to Texas Local Government Code Chapters 252 and 271. Threshold for Change Orders A “threshold” is defined as a financial limit on the amount of expenditures that can be authorized by the City Manager on a construction project before requiring City Council approval. See Texas Local 18 City of Sanger 22 Item 1. Government Code Chapters 252 and 271. • Change Orders Greater than $50,000 – If the change order is greater than $50,000 it must be approved by the City Council. • Change Orders Less than $50,000 – If the change order is less than $50,000 it may be approved by the City Manager. • A change order or cumulative total of project change orders may not exceed 25% of the original contract amount. • Once the total of all approved change orders on a project (including the contingency amount) totals more than $50,000, all subsequent change orders must be approved by the City Council. • The original contract price may not be decreased by more than 25% without the consent of the contractor. • Change orders shall be listed in number sequence on the Purchase Order. Approval for Change Orders If aa change order is greater than $50,000 and is extremely time sensitive and qualifies as an emergency, the City Manager may approve such a change order prior to City Council approval; however, such change order still must be brought to the City Council as soon as possible for approval. Emergency conditions are defined in this policy. Contingency Funds The City Council may establish a contingency fund for a construction project at the time of the award of a bid to be used during the course of a project. A contingency fund maybe established at any dollar amount above the bid award provided that is reasonable and prudent. (10% or less as determined by staff/budget.) 3.10 Purchasing Card The Purchasing Card (PCard) program is intended to streamline and simplify the purchasing and accounts payable functions for small purchases. The Purchasing Card is a tool that reduces transaction costs, facilitates the timely acquisition of materials and supplies, automates data flow for accounting purposes, and offers flexible controls to help ensure proper usage. The Program is designed as an alternative to various processes, including petty cash and purchase orders for small purchases. The Program is not intended to avoid or bypass appropriate procurement of payment procedures. Instead, the Program complements the existing processes available. The Purchasing Card is a MasterCard credit card issued by Citibank. Some record-keeping is essential to successfully use the Purchasing Card. Purchasing Policy & Procedures Manual 19 23 Item 1. This Cardholder Guide provides information about the process, the types of purchases that can and cannot be made, records that must be maintained and reconciled for each cycle, and a variety of other Program information. Employees commit city funds each time they use the Purchasing Card. This is a responsibility that should not be taken lightly. Employees are responsible for all charges made to the card issued t o them. Intentional misuse or fraudulent abuse may result in disciplinary action up to and including dismissal. The card will have no impact on the Cardholder’s personal credit. Although the card lists an individual’s name, the card is issued to the City of Sanger. Definitions For the purposes of the Purchasing Card Program and Cardholder Guide, the following words shall have the meaning designation as follows: Cardholder refers to an employee who: • Has been approved by the department director to receive a purchasing card. • Has read the Cardholder Guide, signed the Purchasing Card Agreement, and has been issued a card in their name. • Is authorized to purchase items for their work group in accordance with purchasing guidelines of the city and with this Cardholder Guide. Department Coordinator (optional) is the person designated by a department director to administer the purchasing card accounts at the department level. Program Administrator is the designated person assigned by the Finance Department who administers the program for all departments, responsible for setting up, overseeing, and maintaining the Purchasing Card Program. Obtaining a card Only full-time employees of the City of Sanger are eligible to receive a Purchasing Card. Employees will only be issued a Purchasing Card at the request of their department director to the Program Administrator. Requests are to be made using the Purchasing Card Request form. Employees are required to read the Cardholder Guide, understand the procedures outlined, and sign and date the Cardholder Agreement before being issued a Purchasing Card. Upon receipt of a Purchasing Card, the Cardholder must sign the back of the card(s) and always keep it in a secure place. The Cardholder is responsible for the security of the card(s) issued in their name 20 City of Sanger 24 Item 1. and the transactions made against the card(s). Although each Purchasing Card is issued in the employee’s (Cardholder’s) name, it is the City of Sanger’s property and is only used for city purchases as defined in this guide. Purchasing Card Restrictions A. The Card is NOT to be used for personal purchases. Other restrictions include, but are not limited to: • Alcohol or liquor • Entertainment, such as theater, movies, golf, etc • Services such as contracts and agreements • Cash refunds or advances • Fuel purchases B. The Purchasing Card is NOT to be used for single purchases over $3,000.00. C. Under no circumstances should a transaction be split into two separate receipts to bypass the single transaction dollar limit. D. Each card requires a monthly total limit, which will deny further transactions in that month. Using the Card Purchases with the necessary approval are initiated using the Purchasing Card. Cardholders must contact the supplier and agree to the price, quantity, and delivery date. When ordering, Cardholders should inform the supplier that the purchase is for City business, a tax-exempt entity, and should not be charged sales tax. If the purchase is via phone or mail, the Cardholder should ask the supplier to include the receipt with the goods when the product is shipped. This receipt is the only original documentation specifying whether or not sales tax has been paid against the purchase. The Cardholder is required to retain all receipts for purchases. An original, itemized receipt for every purchase must be obtained from the vendor when the card is used. Restaurant purchases must include the credit card receipt with the total, including tip, in addition to the itemized receipt. Sales Tax As a tax-exempt government agency, the City of Sanger does not pay sales tax. Cardholders are responsible for ensuring that the City is not charged sales tax by alerting the merchant in advance that the transaction is tax-exempt. If tax is included, the cardholder is responsible for correcting the charge. Cardholder Duties and Responsibilities • Cardholders, or an assigned liaison, are responsible for reconciling the statement monthly. Purchasing Policy & Procedures Manual 21 25 Item 1. • The cardholder must ensure transactions are completed within the assigned limits and guidelines, sales tax was not applied, and the original “detailed” receipt is included. • The cardholder is responsible for processing returns, verifying credits are received, tracking card balances, and disputing charges directly with the vendor. If a cardholder finds a discrepancy, they should contact the vendor and attempt to resolve the problem directly. A. The transaction in dispute must be noted in the item’s description. B. Cash refunds for returns are not allowed. C. The cardholder must verify the credit is received and attach documentation such as a return receipt or email from the vendor to the expense report. If a cardholder cannot resolve a disputed item directly with a vendor, the cardholder should contact the Program Administrator for assistance. Purchasing Card Transaction Flow Purchase The cardholder makes a purchase using the purchasing card; the Cardholder obtains an itemized receipt, and Cardholder forwards the itemized receipt to the Department Coordinator (if any). Departments may require Cardholders to record all Purchasing Card transactions on a Purchasing Card Transaction Log. Reconciliation Every month, the Cardholder will receive a statement from Citibank. The Cardholder (or Department Coordinator) shall review the statement and prepare a single Accounts Payable Voucher for all items on the statement. The A/P Voucher, monthly statement, and all individual purchase receipts shall be submitted to the Finance Department within five business days of the statement date. Photographs of receipts are not acceptable and should not be used. If the Department Coordinator has assigned General Ledger account codes, the Department Director must review and approve the charges. Photographs of receipts are not acceptable and should not be used. If a Department Coordinator has entered the General Ledger account codes, the Department Director must review. The Finance Department The Finance Department consolidates all statements received from departments and arranges payment. 22 City of Sanger 26 Item 1. Resolving Errors and Disputes In the case of an error, the Cardholder is first to contact the supplier and try to reach an agreement. Most disputes can be resolved in this manner. If unable to settle with the supplier or vendor, the Cardholder is to report the error or dispute to their supervisor immediately. Paying the Bill Purchasing Card purchases will be charged to an expense account based on the department/account combination that has been established. Lost or Stolen Cards Purchasing Cards should be secured in the same way as personal credit cards. In the event of a lost or stolen Purchasing Card, Cardholder is to immediately contact Citibank via the toll-free number 800- 248-4553 and notify the Purchasing Card Program Administrator. Refusal of Card or Account Should the Card be declined at the point of sale for any reason, Cardholder should contact the Purchasing Card Program Administrator. Every effort will be made to determine why the transaction was declined. Purchasing Card Audit Activity Purchasing Card activity is subject to random audits by appropriate personnel, including the City’s external auditors. The random audits help ensure adherence to the Program’s policies and procedures. Merchants That Do Not Accept the Card Merchants should be encouraged to become involved in the Purchasing Card Program. Merchants may contact their local bank or financial institution to become credit card capable. For those merchants that are unwilling to participate in the Program, alternative sources should be found. Violations Revocation Of The Purchasing Card The purchasing card is subject to revocation at any time at the discretion of the City Manager. Each cardholder must acknowledge receipt of the purchase card, understand the rules of usage, and sign the Cardholder Agreement Form. Failure to abide by this policy will result in revocation of their card and disciplinary action up to termination of employment. The Chief Financial Officer will recommend to the Department Director that the card be revoked following any violation of the Procurement Card Purchasing Policy & Procedures Manual 23 27 Item 1. policy. The Finance Director is authorized to temporarily suspend use of the card if unauthorized use is discovered and poses a threat to internal financial controls. • First Violation - revoke privileges for 30 days. • Second Violation - suspend privileges/revocation at the discretion of the City Manager and/ or disciplinary action including termination of employment. 24 City of Sanger 28 Item 1. Section 4: METHODS OF PROCUREMENT 4.1 Procurement Methods The Department Head will consult with the Chief Financial Officer to determine the best method of procurement to purchase goods and services. The methods of procurement utilized by the City are as follows: 1. Quote Method Quotes are utilized to purchase goods and services up to $50,000. Examples include but are not limited to maintenance and repair items, cleaning supplies, furniture, and office equipment. Purchases over $3,000 and up to $50,000 are subject to the Historically Underutilized Businesses (HUB) law of the State of Texas. Quotes can be obtained for one-time purchases or for the establishment of an annual contract. The award is made to the vendor providing the lowest bid or the best value, as pre-determined by the City. Negotiations are not permitted. 2. Competitive Sealed Bidding Method/Invitation for Bid (IFB) A bid is utilized to purchase goods and services over $50,000 and is subject to the competitive bid laws of the State of Texas. A bid is utilized for one-time purchases or for the establishment of an annual contract if there is a continuous need to purchase the same goods or services totaling in excess of $50,000 annually. Award is made to the lowest responsive and responsible bidder, or to the bidder providing the best value, as pre-determined by the City. Negotiations are not permitted. In determining the best value for the municipality, the municipality may consider: (1) the purchase price; (2) the reputation of the bidder and of the bidder’s goods or services; (3) the quality of the bidder’s goods or services; (4) the extent to which the goods or services meet the municipality’s needs; (5) the bidder’s past relationship with the municipality; (6) the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; (7) the total long-term cost to the municipality to acquire the bidder’s goods or services; and (8) any relevant criteria specifically listed in the request for bids or proposals. 3. Competitive Sealed Proposal (CSP) / Request for Proposal (RFP) Method This method is used for the purchase of goods and services at any dollar threshold, where factors Purchasing Policy & Procedures Manual 25 29 Item 1. other than price are considered in the award process. A pre-determined set of evaluation criteria is established, and all proposals are evaluated against the criteria and scored accordingly. Negotiations are permitted in order to obtain the best value for the City. 4. Request for Qualifications (RFQ) Method - Purchase of Professional Services The RFQ process is utilized to procure professional services, as defined in Texas Government Code, Chapter 2254. (a) Cities are prohibited from using competitive bidding procedures to obtain the services of architects, engineers, certified public accountants, land surveyors, physicians, optometrists, landscape architects, geoscientists or state-certified real estate appraisers. Instead, for contracts involving architectural, engineering or land surveying services, a City must first select the most highly qualified provider and then attempt to negotiate a fair and reasonable price. (b) All Other Professional Services: The RFQ process is utilized to select a firm on the basis of demonstrated competence and qualifications to perform the services, and for a fair and reasonable price, for professional services other than those identified above, if the expenditure is anticipated to be in excess of $50,000 A pre-determined set of evaluation criteria is established, and all qualifications are evaluated against the criteria and scored accordingly. Price cannot be disclosed or considered during the scoring process. Negotiations are permitted with the most highly qualified firm only. Negotiations will continue until terms, conditions, and a fair and reasonable price are agreed upon. If negotiations with the most highly qualified firm are not successful, negotiations will cease with the current firm and begin with the next most highly qualified firm. Once negotiations have ceased with a firm, re -opening negotiations with that firm is not allowed. 4.2 Awarding the Bid Best Value - If best value is utilized, below are a list of items the department may utilize to make the determination of “best value” for the City. • Purchase price; • Reputation of the bidder; • The bidder’s safety record; • Warranties; • The quality of the bidder’s goods or services; • The extent to which the goods or services meet the City’s needs; 26 City of Sanger 30 Item 1. • The bidder’s past relationships with the City or Department; • The impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses (HUB) and nonprofit organizations employing persons with disabilities; • The total long-term cost to the City to acquire the bidder’s goods or services; and • Any relevant criteria specifically requested in the bid or proposal. In the event no bids are received, the Department may re-advertise or choose to not undertake a contract. If only one bid is received, the City Council may choose to accept the bid, reject the bid and re-advertise, or determine not to undertake the project. Bids are opened and read aloud at the designated time and place. The bid/bids must then be presented to City Council. The City Council must then award the bid to the lowest responsible bidder or if previously determined, the bidder with the “best value”. The City Council does have the option to reject all bids as well. Once a bid has been opened, it may not be changed or altered to correct minor errors in the price. However, under some circumstances, a bidder may be able to withdraw a bid if it contains a substantial mistake that would cause a great hardship if enforced against the bidder. Note: Preference will be given to products with recycled materials as long as the products meet applicable specifications. 4.3 Confidentiality of Information in Bids or Proposals. (a) Trade secrets and confidential information in competitive sealed bids are not open for public inspection. (b) If provided in a request for proposals, proposals shall be opened in a manner that avoids disclosure of the contents to competing offers and keeps the prop osals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection. (Local Government Code, Chapter 252, Sec. 252.049) (c) Proposals must be made confidential until an award is made. Purchasing Policy & Procedures Manual 27 31 Item 1. Section 5: BOND, INSURANCE, AND INDEMNIFICATION Bond Policy Bidders may be required (at the statutory limit or less) to provide certain bonds for Public Works/ Construction Contracts. This ensures that if the bidder attempts to withdraw after the bid is accepted, the City will not suffer loss. The City will only accept sureties duly qualified and authorized. Personal sureties will not be accepted. The City may require bonding on other projects to mitigate risk. The City requires payment, performance, and maintenance bonding to be provided. Types of Bonds A. Bid Bonds – The Bid Bond minimum limit is five percent (5%) of the total amount bid and would typically apply to construction contracts. It is the City’s option whether or not bidders to provide a Bid Bond. Certified or cashier’s check will not be accepted in lieu of a Bid Bond. Bid Bonds are provided on surety forms. Bid Bonds will be returned to the issuing vendor upon request. Bond must be requested within ten days of award. B. Payment Bonds are required for Public Works contracts in excess of $50,000 and must be written for 100% of the total bid price. The Payment Bond is for the protection of those performing work as subcontractors or suppliers for the prime vendor/contractor. C. Performance Bonds are required for all Public Works contracts when the vendor’s bid exceeds $100,000, and they must be written for 100% of the total bid price. These bonds are solely for the protection of the City in the event of a contractor/vendor default under Contract terms and conditions. D. Maintenance Bonds can be written for a term relevant to the project. The coverage provided by a Maintenance Bond is to guarantee against defective workmanship and materials. Bond Requirements A. All Bonds must be in the forms acceptable to the City Manager. B. All performance bonds must be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”, as published in Circular 570, as may be amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. C. All performance bonds must be signed by an agent and must be accompanied by a certified copy of the authority for him or her to act. D. All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue performance bonds for the limits and coverage required. E. Approval of bonding company as per ratings of the Texas Department of Insurance, or a successor agency. 28 City of Sanger 32 Item 1. Insurance and Indemnification Policy A. Contractors performing work on City property or public right-of-way shall provide indemnification and certificates of insurance listing the City as an additional insured or a copy of their insurance policy(s) including a copy of the endorsements necessary to meet contract requirements, and hold harmless and defense clauses. B. Contractual agreement must contain a provision that transfers the risk of the project for the City to the contractor. Because the contractor may not have the financial resources to handle the risks that are transferred in the contract, the City requires that insurance be purchased and maintained by the contractor for financial security. C. Workers’ Compensation Insurance – Per Statute, contractors and subcontractors hired for building and construction projects must provide Workers’ Compensation Insurance for their employees regardless of the project’s cost. See Texas Labor Code, § 406.096. D. All insurance documents must be verified and approved prior to the contract, purchase order, or commencement of work to be performed. Note: City Manager may waive any insurance requirements for low cost/low risk contracts. Purchasing Policy & Procedures Manual 29 33 Item 1. INSURANCE City of Sanger Minimum Insurance Requirements Summary Agreement Type General Liability Auto Work. Comp. Employers Liability Prof. Liability Installation Floater Builder’s Risk Garage Liability General Contract - Services X X X X Personal Services X X X Professional Services X X X X X Construction X X X X X X Special Events X X X Min Coverage Amounts Minimum Standard Limit $1M Per Occurrence $2M Aggregate $1M Combined Single Limit Texas $500K Accident $500K Employee $500K Limit $1M Per Occurrence $2M Aggregate 100% Project Completed Value 100% Project Completed Value Total Value of Vehicles Additional Coverages (in addition to standard requirements based on agreement type unless noted) Construction Contracts Employers Liability Limit: $1M/$1M/$1M; CGL Limit: $2M per occurrence and $4M aggregate Garbage Collection Services CGL Limit: $5M per occurrence and $10M aggregate; Auto Limit: $5M Combined Single Limit Pollution Exposure $1M Pollution Liability (or equivalent) - Required for vendors or contractors performing work with pollution exposure. Railway Exposure $1M Railroad Protective Liability (insuring the railroad) - Required if performing work within 50 feet of a railway. Liquor Exposure $1M Liquor Liability - Required for vendors who sell or distribute liquor. Cyber Exposure $1M Cyber Liability (or equivalent) - Required for vendors with access to City networks or handle sensitive data. Footnotes: (1) Waiver of subrogation shall be provided with the Workers’ Compensation coverage. (2) The City shall be covered as additional insured on the GL and Auto policies. (3) Policies of insurance shall not be canceled without a 30-day notice to the City. (4) Insurance carriers must meet A.M. Best financial rating of A-VI or better. (5) Combination of primary or excess policies that meet the required limits is acceptable. (6) Agreements may require additional coverage and/or higher limits at the City’s discretion. Note: City Manager may waive any insurance requirements for low cost/low risk projects. 30 City of Sanger 34 Item 1. Section 6: CONTRACTS DEFINITIONS Contract is a written, legally binding document or obligation. Purchase Order is an official written document issued by a buyer, which is a commitment to pay the seller (vendor) for the products ordered. The process ensures purchases are approved and within budget. A Purchase Order or Contract is required when insurance and indemnification are needed. A Purchase Order is a contract. Annual contract is a contract for goods or services in which pricing is locked for a specific period of time. Evergreen contract is one that automatically renews after its initial term expires. The parties agree that the contract rolls over automatically and indefinitely until one gives the other notice to terminate it. CONTRACTS Purchasing items from a vendor other than the awarded vendor is a violation of the purchasing policy. An exception may be granted due to extenuating circumstances and must be approved in writing by the Chief Financial Officer. All purchases greater than $50,000 must include a standard contract, insurance, bonds (if needed), and a purchase order. CONTRACT MANAGEMENT Contract management shall be used by all departments to manage all City-related contracts. Failure to manage and control changes can result in an unintentional attempted modification to the scope of work, the extension of the schedule, an increase in the contract cost, circumvention of management controls, and diminished contractor accountability. Purchasing Policy & Procedures Manual 31 35 Item 1. Section 7: SURPLUS PROPERTY 7.1 PURPOSE The purpose of the policy is to ensure that the disposal of City-owned property is completed in a consistent manner throughout the organization. 7.2 DEFINITIONS Disposal means the sale, trade, donation, or destruction of surplus property or equipment. Item means surplus or obsolete movable assets such as vehicles and equipment, materials, and unclaimed property. Surplus means all supplies, assets, materials, and unclaimed property that are either obsolete at the end of their life cycle or no longer required by operations. Obsolete – lack of functional use or out of date. 7.3 GENERAL There are multiple formats for the disposal process. These include auction, transfer, trade-in, recycling, and destruction. All methods require written approval. A. Departments should contact the Finance Department prior to the disposal of any property over $5,000. Departments should complete the required disposition forms. B. Any item that is still operable and has a potential value shall be auctioned or traded during the replacement process as it becomes obsolete. C. Scrap Metal – Staff shall obtain from Finance authorization to recycle specific items. Funds received for the recycling must be submitted to Finance and deposited. Written receipts from the recycling center must be provided with the payment. 7.4 PERSONAL USE PROHIBITIONS AND PERMISSIONS City employees may purchase items from City issued (electronic) third-party auctions, provided that the employee making the purchase was not involved in the decision to dispose of said item(s). Steps Responsibility 1 Identify surplus property Department Director or designated Employee 2 Notify all departments of the availability of the surplus property. • Email to all departments/users • Allow a minimum of seven days Designated Department employee 32 City of Sanger 36 Item 1. 3 If a department is interested, complete the City’s Surplus Property Form and submit it to Finance. • Requesting department must pick up the equipment within seven days. Designated Department employee 4 If there is no interest, notify Finance. Complete Disposition form and send it to Finance Designated Department employee 5 Finance will determine the best method of disposal through: • Auction • Trade-In • Recycling • Donation • Destruction Finance 6 Prior to Sale: Department must remove all City of Sanger identification, markings, or equipment (logo, department numbering, equipment that will be used on other equipment, etc.) Designated Department employee 7 Move item to a secure location Designated Department employee 8 Take pictures and submit them to Parks Director • For vehicles & equipment, take a minimum of four pictures (one on each side). • Additional pictures of the inside, damage to exterior or interior, etc. • The more information/pictures provided will help with the sell and fewer questions will be generated by the public. Designated Department employee 9 Create a log with the identification, location, value, and date. Finance/Parks Director 10 Proceed with auction. Auctions will be completed quarterly or sooner, If needed. Finance/Parks Director 11 Receive funds and closeout auction. Finance Purchasing Policy & Procedures Manual 33 37 Item 1. Section 8: GRANTS 8.1 POLICY This policy establishes the responsibility for ensuring compliance and provides a review process that shall be completed before signing any grant or award document and accepting said grant or award. 8.2 IDENTIFICATION AND APPLICATION Departments seeking grants must provide advance notice in writing to Administration and the Finance Department. This ensures that those affected can review and understand grant requirements, including Budget, Procurement, and auditors. A. Submit grant requirements to Finance before application submittal. B. Submit copies of all award documents, applications, and funding agreements to Procurement and Finance before bidding. C. If a federal grant, comply with all federal procurement standards in 2 CFR § 200.318 including to those listed below. 1. The City (Non-Federal entity) must use its own documented procurement procedures, which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. 2. Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 3. Conflict of Interest: No employee, officer, or agent may participate in selecting, awarding, or administering a contract supported by a Federal award if they have an actual, apparent conflict of interest. A conflict of interest arises when the employee, officer, agent, or any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated has a financial or other interest or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 34 City of Sanger 38 Item 1. Section 9: MISCELLANEOUS GUIDELINES 9.1 BID PROTESTS All protests regarding the bid solicitation process must be submitted in writing to the Chief Financial Officer within five (5) working days following the opening of bids. This includes all protests relating to advertising, deadlines, bid opening, and other related procedures under the Texas Local Government Code and protests relating to alleged improprieties or ambiguities in the specifications. 9.2 DEBRIEFING Debriefings and requests for information shall be in accordance with Texas Government Code, §552 Texas Public Information Act. Discussion of competing proposals is prohibited. 9.3 NEW VENDORS All new vendors are required to submit a completed vendor packet. 9.4 DISCRIMINATION It is the policy of the City of Sanger to afford all suppliers an equal opportunity to bid on any contract. This policy prohibits discrimination against any person because of race, color, sex, religious affiliation, age, disability, or national origin, in the award or performance of any contract. The policy requires its officers, employees, agents, and sub-contractors to adhere to this policy. 9.5 PLACING ORDERS Funds must be available and in the proper account before submission of requisition and before use of a purchasing card. 9.6 QUOTES - FREIGHT CHARGES AND FEES Include freight costs and fees in the total price when obtaining quotes. Freight and fees must be considered in determining the award. All freight should be requested as FOB Destination (delivery address) freight pre-paid and allowed. 9.7 PURCHASING ORDERS Purchase orders are required before placing the order and sent to the vendor when the order is placed. A purchase order is required for any purchase not made on a City-issued credit card. In extenuating circumstances, a purchase order may not be required. All exceptions will be reviewed and approved by both the Chief Financial Officer and the Chief Financial Officer. Purchasing Policy & Procedures Manual 35 39 Item 1. 9.8 INVOICES All invoices must be submitted to Accounts Payable within five days of receipt and include the following information A. Receiving information (received in full / received partial) B. Signature of department representative C. PO Number The authorized purchaser is responsible for verifying that all materials/services are received in working order and meet specifications. Once materials/services are received and verified as correct, indicate receipt of materials on the invoice by noting “received in full” or “received partial” for each line item on the Purchase Order. A. Notify the vendor immediately if the quantity received does not agree with the vendor’s packing slip or the material does not conform to specification. 9.9 REVOLVING CREDIT ACCOUNTS Credit accounts are available for the end user’s use; however, they may only be opened or closed by Finance. 9.10 SALES TAX EXEMPTION The City is exempt from sales, excise, and use taxes under Texas Tax Code, § 151.309. End users are responsible for ensuring tax is not paid. The City is NOT exempt from sales tax for food, lodging, or transportation-related purchases during travel. 9.11 TIE BIDS If all factors and conditions relating to the bids are equal, the tie bid will be awarded to the local vendor. 9.12 VENDOR PERFORMANCE The City does not have centralized receiving. Departments are responsible for receiving of goods and services. Departments must document in writing items such as shortages, la te delivery, or damaged merchandise. 36 City of Sanger 40 Item 1. 9.13 NON-PERFORMING VENDORS When a vendor fails to perform according to the Agreement (Purchase Order, Annual Agreement, Contract, and/or Specification), the Department Director or designee will: A. Document the issues in writing to the vendor and to Purchasing. B. Schedule a meeting to discuss the issues. C. Document the resolution to the issue, as agreed upon by the department and the vendor. Documentation shall be in writing, signed by the department and the vendor. If a vendor’s performance remains non-compliant or otherwise unsatisfactory, the Department Director in conjunction with the City Manager will make a joint determination to cancel the contract in accordance with the terms and conditions of the agreement. 9.14 Prompt Payment Act Department shall ensure Purchase Orders, invoices, and the appropriate documentation is submitted to Finance within five (5) days, Invoices are to be paid no later than net 30 days. Texas Government Code Chapter 2251 stipulates that all local governments shall pay for goods and services within thirty (30) days of the delivery or invoice date or interest is automatically imposed. Purchasing Policy & Procedures Manual 37 41 Item 1. September 1, 2015 1 PURCHASING POLICY PURPOSE The purpose of the Purchasing Policy is to provide a means for the acquisition of supplies and services that are required for the operation of the City of Sanger. RESPONSIBILITY Each city employee authorized to purchase supplies, equipment or services must be familiar with the purchasing procedures and should adhere to them in order to obtain the best results. This policy will not answer all questions, but will be used as a guide and aid in securing materials and services needed to operate each department. PURCHASE DOLLAR LIMITS AND AUTHORIZATION REQUIRED The following dollar limits and authorization requirements are to be followed whenever possible. Any exceptions shall be noted and approved by the appropriate authorization on the invoice. Purchases less than $1,000 1. May be made without prior authorization. 2. May be made using an Accounts Payable Voucher. 3. May be purchased using a credit card. 4. Requires Department Head approval. Purchase more than $1,000 but less than $3,000 1. Must be authorized via Purchase Order before purchasing (see exceptions to Purchase Orders listed below). 2. Two quotes must be submitted with Purchase Order Requisition. If lowest quote is not selected, memo of explanation should be attached. 3. Except for exceptions noted below, may not be made using an Accounts Payable Voucher. 4. May be purchased using a credit card. 5. Requires Department Head approval. Purchase more than $3,000 but less than $50,000 1. Requires proof of contact with two Historically Utilized Businesses (HUB) OR memo of explanation stating there are no HUBs for the requested goods/services and/or HUB did not respond to request. 2. Must be authorized via Purchase Order before purchasing (see exceptions to Purchase Orders listed below). 3. Two quotes must be submitted with Purchase Order Requisition. If lowest quote is not selected, memo of explanation should be attached. 4. Except for exceptions noted below, may not be made using an Accounts Payable Voucher. 5. May be purchased using a credit card. 6. Requires Department Head approval. Purchases more than $50,000 1. Requires a competitive bid process 2. Must be authorized via Purchase Order before purchasing 42 Item 1. September 1, 2015 2 3. Requires proof of contact with two Historically Utilized Businesses (HUB) OR memo of explanation stating there are no HUBs for the requested goods/services and/or HUB did not respond to request 4. Requires Department Head approval PURCHASE ORDERS A purchase order number is required on all purchases over $1,000, with the exception of those listed below. A Purchase Order Requisition must be submitted to the Finance Department and a Purchase Order received before placing an order or making a purchase. If an emergency should arise after normal hours, the Department Head or designee will make the purchase that is needed. The Department Head must notify the Director of Finance immediately upon opening the next business day and turn in the proper documentation. The following payments and services do not require the issuance of a purchase order for payment authorization. These exceptions may be paid using an Accounts Payable Voucher: 1. Payments made for Employee Payroll Deductions 2. Tax Payments 3. Insurance Premium Payments 4. Retirement System Payments (TMRS) 5. Debt Service Payments 6. Investment Payments 7. Charges for Water, Electric, Solid Waste and Recycling services for resale 8. Utility Services 9. Operating Leases/Maintenance Agreements 10. Annual contracts 11. Invoices for Professional Services (i.e. Attorney Fees and Engineering) 12. Inter-Local Agreements 13. Reimbursements/Payments to other Agencies 14. Contract Services 15. Employee Reimbursements 16. Travel and Lodging 17. Customer Deposit Refunds 18. Purchase under $1,000 DUTIES OF THE FINANCE DEPARTMENT 1. To observe and enforce the procedures as outlined and any related regulations. 2. To encourage that the purchasing policies and procedures are followed whenever possible. 3. To review each account being charged for sufficient funds before authorizing a purchase or issuing a purchase order. 4. To process approved Purchase Order Requisitions and issue Purchase Orders. 5. To explore the possibilities of quantity buying in order to take full advantage of discounts. DUTIES OF DEPARTMENT HEADS 1. Departments should plan their work so that “rush orders” and emergencies will be held to an absolute minimum. 2. Departments are responsible for handling any required competitive bid processes for their purchases 43 Item 1. September 1, 2015 3 3. Department Heads are responsible for tracking the budget remaining in each of their General Ledger accounts. 4. Department heads must sign, verify and code all Purchase Order Requisitions and Accounts Payable Vouchers. 5. No city employee shall purchase supplies, materials or equipment of any kind through the City for personal use. 6. Departments should not break up any purchase into smaller orders with the intent of circumventing the purchasing requirements based on purchase amounts. 44 Item 1. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Ryan Nolting, Director of Parks, Recreation & Facility Maintenance AGENDA ITEM: Discussion on possibly allowing consumption and/or possession of alcoholic beverages on city-owned property during special events. SUMMARY:  This item was requested as a topic of discussion by Councilmember Gann.  The proposed Special Event Ordinance would provide for the consumption and/or possession of alcoholic beverages on city-owned property on a case-by-case basis as approved by the City Council. FISCAL INFORMATION: Budgeted: NA Amount: NA GL Account: NA RECOMMENDED MOTION OR ACTION:  NA ATTACHMENTS:  Proposed Special Events Ordinance 45 Item 2. Ordinance - Parks & Recreation - Uses & Programs; Special Events Page 1 of 8 CITY OF SANGER, TEXAS ORDINANCE XX-XX-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE CITY OF SANGER CODE OF ORDINANCE, CHAPTER 15, PARKS AND RECREATION, ARTICLE 15.100, RULES AND REGULATIONS, SECTIONS 15.107, SPECIAL EVENTS, USES, PROGRAMS; AND ADDING A NEW ARTICLE 15.600, SPECIAL EVENTS PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Sanger (the “City”) is a home rule municipality regulated by state law and Charter; and WHEREAS, the City Council deems it in the public interest to amend the Special Event regulations; and WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the citizens of Sanger. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That Chapter 15, Parks and Recreation, Article 15.100, Rules and Regulations, Section 15.107, Special Events, Uses, Programs is amended to read as follows: § 15.107. Uses and Programs. (a) The director is authorized to require and issue permits for the reservation and temporary use of the city park and recreation areas. Permits shall be granted unless the intended use would result in a scheduling conflict; traffic congestion; damage to property or landscaping; could threaten the public or city park and recreation area user’s health, safety or welfare; or be inconsistent with the protection and preservation of wildlife. The director shall be authorized to establish written guidelines not inconsistent with the terms of this code for the reservation and use of all city park and recreation areas. Permits issued shall be conditioned in compliance with state laws, this chapter, other applicable requirements set forth in this code and such guidelines as may be established and promulgated under this chapter. The granting of such permits shall not constitute a waiver, exception, or defense to the violation of any other applicable law or ordinance. (b) No fees may be waived without the consent and approval of the city manager or designee. 46 Item 2. Ordinance - Parks & Recreation - Uses & Programs; Special Events Page 2 of 8 (c) Park reservations must be made at least 48 hours prior to the event. For Special Event requirements, reference Article 15.600. SECTION 2. That Chapter 15, Parks and Recreation is further amended by adding Article 15.600, which shall read as follows: ARTICLE 15.600 SPECIAL EVENTS ORDINANCE §15.601 Purpose and Intent The purpose of this article is to ensure the advance notice of certain special events is provided to the appropriate city departments. A special event permit shall be required for a temporary gathering or organized activity on city property, to include but not be limited to parades, block parties, bike races, marathons, firework displays, concerts, carnivals, other types of races or festivals, or any similar activity requiring one or more of the following. 1) Closing or impacting a public street, sidewalk, or trail; 2) Blocking or restricting city-owned property; 3) Sale or distribution of merchandise, food, or beverages on city -owned property; 4) Installation of a stage, band -shell, trailer, van, portable building, grandstand, or bleachers; 5) Placement of portable toilets on city-owned property; 6) Placement of temporary no -parking signs in a public right -of-way; 7) Placement of additional waste containers; or 8) Having an impact on public safety. §15.602 Operating procedures. a) A special event shall not substantially interrupt the safe and orderly movement of traffic near the special event. b) A parade shall move from its point of origin to its point of termination without unreasonable delays enroute. c) A special event shall not interfere with proper fire and police protection of, or ambulance service to, areas near the special event, or unreasonably require the diversion of police and fire protection and ambulance service from other parts of the city. d) A permit holder shall comply with all directions and conditions contained within the permit and with all city ordinances and other applicable laws. e) The promoter shall return all city or public property to at least as good a condition as before the event. The promoter shall be liable for the costs of any damage to property or waste removal not performed by the promoter at the conclusion of the event. §15.603 General Rules a) The City reserves the right to have final approval on all activities or events. b) The City reserves the right to designate hours available for use and to remove any person or group failing to comply. c) Event applicants must be at least twenty-one (21) years of age. 47 Item 2. Ordinance - Parks & Recreation - Uses & Programs; Special Events Page 3 of 8 d) Event applicant and guests of event applicant will comply with laws of the State of Texas and the City of Sanger. e) Acts of gambling, alcohol consumption or consumption of controlled substance(s) are prohibited on all properties owned by the City of Sanger. f) The City of Sanger is not responsible for any lost or stolen items. g) Cancelled events due to unsafe weather conditions or national emergencies will be rescheduled without penalty. h) Event applicant is responsible for ensuring that rules as outlined here are enforced. i) The event property and footprint may only be used for the purpose as stated on the special event permit unless otherwise approved by a representative from the City. j) No activity is engaged in or performed during the event that is a violation of an existing state, federal law, or Municipal Ordinances. k) No activity is engaged in or performed during the event that is used in such a manner as to constitute a nuisance as per City of Sanger Code of Ordinances. l) Event organizers and guests shall only park in designated, authorized parking spaces. m) Violation of this policy will result in the towing of such vehicle at the owner’s expense. n) Equipment to be used for high-risk activities must be clearly described in the special event permit and is subject to approval by the City of Sanger. o) Event applicant shall monitor admittance to the event. p) Event applicant shall assume full responsibility and liability for all persons admitted. q) Event applicant shall assume full responsibility and liability for any damage(s) to any part of event property during and/or resulting from the event. r) Event organizer may not leave the event area during the contracted time or must designate a responsible person in their brief absence. s) Insurance may be required based on the type of special event. §15.604 Special Event Permit. A person desiring to hold a special event shall apply for a special event permit with the City Parks and Recreation Department. An application for a special event permit shall be made not less than twenty (20) business days prior to the event. In the event a street closure is required, the application for the special event permit shall be made no less than thirty (30) days prior to the event. Due to TxDOT requirements, closure of any state highway for more than six (6) hours will require sixty (60) days’ advance notification to the city. An application shall be submitted on a form supplied by the City. §15.605 Indemnification and Release of Liability. An applicant for a special event permit shall execute a written release of liability and agreement to indemnify the city and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the special event, as contained in the application form. 48 Item 2. Ordinance - Parks & Recreation - Uses & Programs; Special Events Page 4 of 8 §15.606 Offenses. A person commits an offense if: a) Commences or conducts a special event without the appropriate permit. b) Fails to comply with any requirement or condition of a permit or this article. c) Hold an event in which a permit is denied. §15.607 Administrative Approval of Temporary Street Closures. a) Any activity, including but not limited to special events which require the closing of any public street, sidewalks, alley and which require rerouting of normal or usual traffic flow deems a street closure. An event cannot hinder, block or obstruct the free flow of traffic. b) Any request for temporary closure of all or a part of any city street as part of a special event shall first be considered by the Special Events Committee of the city. Upon a positive recommendation from the Special Events Committee, the request for temporary street closure shall be forwarded to the City Manager or his/her designee for administrative approval. c) The City Manager or his/her designee shall consider the request for temporary street closure for the special event, and either may administratively approve the request for temporary street closure. Alternatively, the City Manager or may choose to send any request for temporary street closure to the City Council for consideration and action. d) If the City Manager denies administrative approval of the request for temporary street closure, the applicant may appeal the decision to the City Council by filing a written appeal to the City Secretary within three (3) days of the denial. The decision of the city council shall be final. §15.608 Area Notifications of Impacted Neighbors. The event organizer, with an expected street closure, shall notify all residences and businesses within the street closure area and within a three-hundred-foot radius of the outer perimeter of the event (as marked by fencing or entrance table indicated on the event diagrams submitted to the City). The director is authorized to require and issue permits for the reservation and temporary use of the city park and recreation areas. Permits shall be granted unless the intended use would result in a scheduling conflict; traffic congestion; damage to property or landscaping; could threaten the public’s or city park and recreation area user’s health, safety or welfare; or be inconsistent with the protection and preservation of wildlife. The director shall be authorized to establish written guidelines not inconsistent with the terms of this code for the reservation and use of all city park and recreation areas. Permits issued shall be conditioned in compliance with state laws, this chapter, other applicable requirements set forth in this code and such guidelines as may be established and promulgated under this chapter. The granting of such permits shall not constitute a waiver, exception, or defense to the violation of any other applicable law or ordinance. A diagram of the notification area shall be submitted with the signature sheet. 49 Item 2. Ordinance - Parks & Recreation - Uses & Programs; Special Events Page 5 of 8 Proof of notification by mail, the notification letter and the notification diagram shall be submitted at least twenty (20) working days prior to the special event. In addition, the event organizer shall comply with all additional requirements imposed by the City of Sanger with respect to notification by residents and businesses affected by the special event. The event organizer shall obtain signatures of those so notified of the upcoming event. Under certain circumstances where events may generate extremely large crowds, loud noise or parking issues, staff may require additional notification time/signatures/outreach. §15.609 Approval of plans. An application for a special event permit will either be approved, approved with conditions, denied, or more information will be requested from the applicant within twenty (20) business days of submission to the Parks and Recreation Department. Due to the nature of some events, the following additional information or plans may be required where applicable to the event type: a) Facilities. A set of plans and specifications relating to all temporary facilities to be constructed or utilized for the special event. b) Fire protection. A plan for prevention of fires and for adequate protection of persons and property in the event of a fire, including, without limitation, adequate exits, fire extinguishers, and adequate access for fire trucks and emergency vehicles. c) Concession service. Any plans to provide food and beverages. d) Emergency medical service. A plan to provide adequate emergency medical services at the special event. e) Parking. A plan to provide adequate parking for the proposed special event, including written permission in the form provided by the city executed by all of the owners of the land to be used for the special event. f) Event security. The City of Sanger Police Department will determine if and how many police officers will be required at your event. A plan providing for adequate safety, security, traffic and crowd control in connection with the special event. When security officers are deemed necessary, the applicant must use licensed TCLEOSE officers. The city police department must approve the security officers before the event application will be approved. g) Promotional plan. If applicable, a plan to promote, market and advertise the special event. h) Sanitation plan. A plan to ensure that the highest standards of cleanliness and sanitation are maintained at the special event, including adequate restroom facilities, and a plan to empty refuse containers frequently so as to prevent overflow. City staff shall determine whether the application and plans meet city safety and other requirements, and an applicant may be requested to modify an application to meet these requirements. Should any of the submitted plans fail to give, and after notice, the applicant 50 Item 2. Ordinance - Parks & Recreation - Uses & Programs; Special Events Page 6 of 8 is unable to provide for, adequate assurances that the plans will be implemented and carried out, the permit application may be denied. i) Police Presence. The City of Sanger Police Department will determine if and how many police officers will be required at your event. Expenses for the City police will be paid by the event organizer directly to the City of Sanger. If additional police need to be brought in to handle a problem during the event, it will be at the event organizer’s expense. §15.610 Sale, Distribution and Consumption of Alcoholic Beverages on City Property. a) It shall be unlawful for any person to consume or possess alcoholic beverages of any nature or kind, including beer, whiskey, or wine, on any city-owned property unless authorized by City Council on a case-by-case basis. b) It shall be an affirmative defense to prosecution of the offense if: The alcoholic beverage was sold and consumed at the event for which a special event permit has been issued by the city and the state alcoholic beverage commission has granted temporary licenses or permits for the sale of alcoholic beverages at the event by the State of Texas Alcoholic Beverage Commission. §15.611 Issuance or denial; revocation. a) Upon receipt of an application for a special event, the Parks and Recreation Department shall forward a copy of the application to the city departments involved. The city shall issue its approval, approved with conditions, denial or more information will be requested of the application within ten (20) business days of completed application. b) The parks and recreation director may impose conditions and restrictions necessary for the safe and orderly conduct of a special event, to be incorporated into the permit before issuance. To the extent of any conflict, such conditions, restrictions, or costs incorporated into each permit shall supersede the provisions set forth herein. The City may deny or revoke a special event permit if: a) A special event permit has been granted for another special event at the same place and time or within two hours of the end of a previously permitted special event, unless waived by the parks and recreation director or his designee; b) The proposed special event will unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available; c) The applicant makes a false statement of material fact on an application for a special event permit; d) The applicant has had a special event permit revoked or the applicant has violated a condition or provision of a special event permit or of this article within the preceding 12 months; The applicant fails to adequately arrange for: 1) The protection of event participants; 2) Maintenance of public order in and around the special event location; 51 Item 2. Ordinance - Parks & Recreation - Uses & Programs; Special Events Page 7 of 8 3) Crowd security, taking into consideration the size and character of the event; 4) Emergency vehicle access; or 5) Safe, sanitary conditions for preparation or operation of food concessions; 6) The proposed special event would unduly burden city services; 7) Said special event begins or ends outside the city limits, unless the applicant supplies proof of approval of any other affected governmental entity. $ 15.612 Appeals. a) If the City denies the issuance of a permit or revokes a permit, it shall send to the applicant by email, return receipt requested, written notice of the denial or revocation and of the right to appeal. The applicant must appeal the decision within three days to the city manager in writing. The city manager shall consider all the evidence in support of or against the action appealed and render a decision either sustaining, modifying, or reversing the denial or revocation. § 15.613 Compliance with the City of Ordinances. The granting of a special event permit does not relieve the applicant, event organizer, or property owner from complying with all other provisions of the City of Sanger’s Code of Ordinances. All other permits and licenses required by other law for specific activities conducted in conjunction with or as a part of the special event must be applied for separately in a form satisfactory to the City. SECTION 3. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 4. 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 5. That this Ordinance shall be cumulative of all other City Ordinances and all other provisions of other Ordinances adopted by the City which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5. 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. SECTION 6. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such case provides. 52 Item 2. Ordinance - Parks & Recreation - Uses & Programs; Special Events Page 8 of 8 PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this _______ day of ________, 2023. APPROVED: ________________________________ ATTEST: Thomas E. Muir, Mayor ________________________________ APPROVED TO FORM: Kelly Edwards, City Secretary ________________________________ Hugh Coleman, City Attorney 53 Item 2. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Ramie Hammonds, Development Service Director AGENDA ITEM: Development Services Project Update 2022-2023 SUMMARY:  Update of projects submitted to City Council. FISCAL INFORMATION: Budgeted: Amount: GL Account: RECOMMENDED MOTION OR ACTION: N/A ATTACHMENTS N/A 54 Item 4. City Council Minutes 10-02-2023 Page 1 of 6 CITY COUNCIL MEETING MINUTES OCTOBER 02, 2023, 6:00 PM CITY COUNCIL REGULAR MEETING HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM Mayor Muir called the work session to order at 6:00 p.m. COUNCILMEMBERS PRESENT Mayor Thomas Muir Councilmember, Place 1 Marissa Barrett Councilmember, Place 3 Dennis Dillon Councilmember, Place 4 Allen Chick Councilmember, Place 5 Victor Gann COUNCILMEMBERS ABSENT Mayor Pro Tem, Place 2 Gary Bilyeu STAFF MEMBERS PRESENT: City Manager John Noblitt, City Secretary Kelly Edwards, City Attorney Hugh Coleman, and Finance Director Clayton Gray. DISCUSSION ITEMS 1. Presentation of Stormwater Fee Study Director Gray introduced Chris Ekrut, NewGen Strategies & Solutions. Mr. Ekrut presented and provided an overview of the Storm Water Fee Study. Discussion ensued regarding the fees set by other municipalities, the calculation of a fee, how the revenue is designated explicitly for projects to improve and maintain the City’s drainage systems, and mandatory and discretionary exemptions. 55 Item 5. City Council Minutes 10-02-2023 Page 2 of 6 OVERVIEW OF ITEMS ON THE REGULAR AGENDA The ISD platting items need to satisfy Engineering comments and permits issued being compliant with the Civil plans. The Zoning case items being congruent with the Comprehensive Plan. ADJOURN THE WORK SESSION There being no further business, Mayor Muir adjourned the work session at 6:42 p.m. CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM Mayor Muir called the regular meeting to order at 7:00 p.m. COUNCILMEMBERS PRESENT Mayor Thomas Muir Councilmember, Place 1 Marissa Barrett Councilmember, Place 3 Dennis Dillon Councilmember, Place 4 Allen Chick Councilmember, Place 5 Victor Gann COUNCILMEMBERS ABSENT Mayor Pro Tem, Place 2 Gary Bilyeu STAFF MEMBERS PRESENT: City Manager John Noblitt, City Secretary Kelly Edwards, City Attorney Hugh Coleman, Director of Development Services Ramie Hammonds, and Interim Police Chief Tyson Cheek. INVOCATION AND PLEDGE Councilmember Dillon gave the Invocation. The Pledge of Allegiance was led by Councilmember Gann. CITIZENS COMMENTS No one addressed the Council. 56 Item 5. City Council Minutes 10-02-2023 Page 3 of 6 CONSENT AGENDA 2. Consideration and possible action on the minutes from the September 18, 2023, meeting. Motion to approve made by Councilmember Barrett, Seconded by Councilmember Dillon Voting Yea: Councilmember Chick and Councilmember Gann. Motion passed unanimously. PUBLIC HEARING ITEMS 3. Conduct a public hearing on a rezoning from “A” Agricultural to “I-1” Industrial 1 of approximately 3 acres of land, described as A0029A R BEEBE, 112, within the City of Sanger, and generally located on the east side of the I -35 Frontage Road, approximately 512 feet north of the intersection of the I-35 Frontage Road and Utility Road. Mayor Muir opened the public hearing at 7:03 p.m. Director Hammonds provided an overview of the item, stating this zoning will be congruent with the surrounding properties. Mayor Muir closed the public hearing at 7:04 p.m. 4. Conduct a Public Hearing on a rezoning from “A” Agricultural to “SF-10” Single-Family 10 of approximately 1.01 acres of land, described as A1241A TIERWESTER, 206, within the City of Sanger, and generally located on the southwest corner of Duck Creek Road and Mesa Drive. Mayor Muir opened the public hearing at 7:05 p.m. Director Hammonds provided an overview of the item, stating the applicant plans to subdivide the property and this zoning will be congruent with the surrounding properties. Mayor Muir closed the public hearing at 7:06 p.m. ACTION ITEMS 5. Consideration and possible action on Ordinance No. 10-27-23 a rezoning from “A” Agricultural to “I-1” Industrial 1 of approximately 3 acres of land, described as A0029A R BEEBE, 112, within the City of Sanger, and generally located on the east side of the I -35 Frontage Road, approximately 512 feet north of the intersection of the I-35 Frontage Road and Utility Road. 57 Item 5. City Council Minutes 10-02-2023 Page 4 of 6 Motion to approve made by Councilmember Barrett, Seconded by Councilmember Gann. Voting Yea: Councilmember Chick and Councilmember Dillon. Motion passed unanimously. 6. Consideration and possible action on Ordinance No. 10-28-23 a rezoning from “A” Agricultural to “SF-10” Single-Family 10 of approximately 1.01 acres of land, described as A1241A TIERWESTER, 206, within the City of Sanger, and generally located on the southwest corner of Duck Creek Road and Mesa Drive. Discussion ensued regarding the proposed plan to subdivide the property. Motion to approve made by Councilmember Barrett Seconded by Councilmember Dillon. Voting Yea: Councilmember Chick and Councilmember Gann. Motion passed unanimously. 7. Consideration and possible action on the Preliminary Plat of the Church Street Addition, being 1.01 acres, located in the City of Sanger, and generally located on the east side of South Stemmons Frwy at the intersection of I-35 Frontage Road and Church Street. Director Hammonds stated that the building would be a medical care facility and staff recommends denial due to the applicant not satisfying all the comments. Motion to deny made by Councilmember Barrett, Seconded by Councilmember Gann. Voting Yea: Councilmember Dillon and Councilmember Chick. Motion passed unanimously. 8. Consideration and possible action on the Final Plat of Clear Creek Intermediate School, Block A, Lot 1, being 13.356 acres, located in the City of Sanger, and generally located on the west side of South Stemmons Frwy approximately 667 feet south of the intersection of the Business I-35 ramp and South Stemmons Frwy. Director Hammonds stated staff recommends denial due to the applicant not satisfying all the comments. Motion to deny made by Councilmember Barrett, Seconded by Councilmember Gann. Voting Yea: Councilmember Chick and Councilmember Dillon. Motion passed unanimously. 9. Consideration and possible action on the Final Plat of Sanger Middle School, Block A, Lot 1, being 28.791 acres, located in the City of Sanger, and located at 105 Berry Street approximately 205 feet southwest of the intersection of Acker Street and Bolivar Street. Director Hammonds stated staff recommends denial due to the applicant not satisfying all the comments. 58 Item 5. City Council Minutes 10-02-2023 Page 5 of 6 Motion to deny made by Councilmember Barrett, Seconded by Councilmember Gann. Voting Yea: Councilmember Chick and Councilmember Dillon. Motion passed unanimously. 10. Consideration and possible action on the Final Plat of Sanger High School, Block A, Lot 1 being 55.886 acres of land, located in the City of Sanger, and generally located on the southeast corner of the intersection of FM 455 and Indian Lane. Director Hammonds stated staff recommends denial due to the applicant not satisfying all the comments. Motion to deny made by Councilmember Barrett, Seconded by Councilmember Dillon. Voting Yea: Councilmember Chick and Councilmember Gann. Motion passed unanimously. 11. Consideration and possible action on the Preliminary Plat of Marley Meadows, being 19.653 acres, located in the City of Sanger’s ETJ, and generally located on the west side of Sam Bass Road and approximately 1307 feet north of the intersection of FM 455 and Sam Bass Road. Director Hammonds stated the one acre lots meet the subdivision requirements. Discussion ensued regarding any possible variances. Motion to approve made by Councilmember Barrett, Seconded by Councilmember Dillon. Voting Yea: Councilmember Chick and Councilmember Gann. Motion passed unanimously. EXECUTIVE SESSION Pursuant to the Open Meetings Act, Chapter 551, the City Council will meet in a Closed Executive Session in Accordance with the Texas Government Code: 551.071 CONSULTATION WITH ATTORNEY For deliberations regarding legal (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. - Municipal Utility District No. 12 (MUD 12) Council convened into executive session at 7:32 p.m. 59 Item 5. City Council Minutes 10-02-2023 Page 6 of 6 RECONVENE INTO REGULAR SESSION Council reconvened into open session at 8:02 p.m. No action taken. FUTURE AGENDA ITEMS None requested. ADJOURN There being no further business, Mayor Muir adjourned the meeting at 8:04 p.m. _______________________________ Thomas E. Muir, Mayor ______________________________ Kelly Edwards, City Secretary 60 Item 5. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Kelly Edwards, City Secretary AGENDA ITEM: Consideration and possible action on the minutes from the October 2, 2023, meeting. SUMMARY: N/A FISCAL INFORMATION: Budgeted: N/A Amount: $0.00 GL Account: N/A RECOMMENDED MOTION OR ACTION: Approve the minutes from the October 2, 2023, meeting. ATTACHMENTS: City Council minutes 61 Item 5. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Tyson Cheek, Chief of Police AGENDA ITEM: Consideration and possible action to sign Local Agreement Respecting Forfeited Contraband Under Chapter 59 and Article 18.18, Texas Code, between the Chief of Police of Sanger Texas and the District Attorney’s office of Denton County. SUMMARY:  The most recent agreement with Denton County regarding forfeitures was cancelled by the Denton County District Attorney’s office via written notification.  The District Attorney’s office has delivered the updated version of this agreement.  Changes to the document cover personal property. Cryptocurrency, jewelry, stocks, bonds, securities, precious metals, negotiable instruments and coins.  While it has been rare that the Sanger PD has seized assets via forfeiture in the past, this agreement is a necessary part of the process as all forfeitures are done through the District Attorney’s office. FISCAL INFORMATION: Budgeted: No Amount: GL Account: RECOMMENDED MOTION OR ACTION: Staff recommends approval. ATTACHMENTS: Copy of document from the District Attorney’s office cancelling the prior agreement. Copy of new local agreement from the District Attorney’s office. 62 Item 6. 63 Item 6. 64 Item 6. 65 Item 6. 66 Item 6. 67 Item 6. 68 Item 6. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Ronnie Grace, Director of Electric AGENDA ITEM: Consideration and possible action on the Denton Municipal Electric (DME) Mutual Aid agreement and authorizing the City Manager to execute said agreement and all necessary documents. SUMMARY:  This agreement would provide mutual electric support to both Denton Municipal Electric and Sanger Municipal Electric in the event of an electrical emergency.  This agreement memorializes the mutual aid both electric departments have provided to each other in the past.  The agreement includes provisions for reasonable reimbursable costs. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends approval. ATTACHMENTS: DME mutual aid template 2023 69 Item 7. Mutual Aid Agreement Page 1 of 4 MUTUAL AID AGREEMENT In consideration of the mutual commitments given herein, each of the Signatories to this Mutual Aid Agreement (this “Agreement”) agrees to render aid to any of the other Signatories as follows (the party to this Mutual Aid Agreement that is requesting aid in a Request For Aid (as hereinafter defined) is referred to herein as “Requesting Signatory”, and the party that is requested to provide aid in the Request for Aid is referred to herein as the “Aiding Signatory”): 1.) Request for aid. The Requesting Signatory agrees to make its request in writing to the Aiding Signatory within a reasonable time after aid is needed and with reasonable specificity, including without limitation, the work to be performed and materials, supplies, personnel, and/or equipment the Requesting Signatory is requesting from the Aiding Signatory (“Request for Aid”). The Requesting Signatory agrees to compensate the Aiding Signatory as specified in this Agreement. 2.) Discretionary rendering of aid. The decision to render aid and the extent and limitations of the aid rendered (including the materials, supplies, personnel, and/or equipment to be provided by the party rendering aid) is entirely at the discretion of the Aiding Signatory. Nothing in this Agreement commits, binds, or otherwise obligates an Aiding Signatory to respond to any particular Request For Aid. This Agreement to render aid is expressly not contingent upon a declaration of a major disaster or emergency by the federal government or upon receiving federal funds. An Aiding Signatory reserves the right to recall any and all materials, supplies, personnel, and/or equipment, at any time. It is acknowledged and agreed that the decision to terminate aid and recall materials, supplies, personnel, and/or equipment lies solely with the Aiding Signatory. 3.) Invoice to the Requesting Signatory. Within 90 days of the return to the home work station of all personnel and equipment of the Aiding Signatory, the Aiding Signatory shall submit to the Requesting Signatory an invoice of all charges related to the aid provided pursuant to this Agreement. The invoice shall contain only charges related to the aid provided pursuant to this Agreement. 4.) Charges to the Requesting Signatory. Charges to the Requesting Signatory from the Aiding Signatory shall be as follows: a.) Labor force. Charges for labor force shall be in accordance with the Aiding Signatory's standard practices. b.) Equipment. Charges for equipment, such as bucket trucks, digger derricks, and other special equipment used by the Aiding Signatory, shall be at the reasonable and customary rates for such equipment in the Aiding Signatory's location. c.) Transportation. The Aiding Signatory shall transport the personnel and equipment it is providing by reasonable and customary means and shall charge reasonable and customary rates for such transportation. d.) Materials and supplies. Charges for materials and supplies furnished or used by the Aiding Signatory shall be the reasonable replacement cost of such materials and supplies. e.) Meals, lodging and other related expenses. Charges for meals, lodging and other expenses related to the provision of aid pursuant to this Agreement shall be the reasonable and actual costs incurred by the Aiding Signatory. 5.) Counterparts. The Signatories may execute this Agreement in one or more counterparts, with each counterpart being deemed an original Agreement, but with all counterparts being considered one Agreement. 6.) Execution. Each party hereto has read, agreed to and executed this Agreement on the date indicated. Each party hereto represents that they have the authority to enter into this Agreement. 70 Item 7. Mutual Aid Agreement Page 2 of 4 CITY OF SANGER, TEXAS BY: JOHN NOBLITT, CITY MANAGER ATTEST: BY; _______________________________ KELLY EDWARDS, CITY SECRETARY APPROVED AS TO FORM: BY: _______________________________ HUGH COLEMAN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ________________________________ SARA HENSLEY, CITY MANAGER ATTEST: JESUS SALAZAR, CITY SECRETARY BY: _______________________________ JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ MACK REINWAND, CITY ATTORNEY 71 Item 7. CITY OF DENTON ADDENDUM Command Responsibility at Response Site: The employee of the Requesting Signatory in charge at the site to which the response is made shall be the individual in charge of the operations (“Requesting Signatory Supervisor”) and thus Aiding Signatory Supervisor (as hereinafter defined) shall serve under the Requesting Signatory Supervisor; PROVIDED THAT, the Aiding Signatory’s equipment, supplies, and personnel shall be under the direct and immediate supervision of an employee of the Aiding Signatory (“Aiding Signatory Supervisor”). If the Requesting Signatory Supervisor specifically requests the Aiding Signatory Supervisor assume operational control, neither the Requesting Signatory Supervisor who makes such request nor the Requesting Signatory shall, by relinquishing operational control, be relieved of responsibility for the operation. INDEMNIFICATION: REQUESTING SIGNATORY HEREBY AGREES, TO THE EXTENT PERMITTED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS , TO INDEMNIFY, DEFEND AND HOLD AIDING SIGNATORY, AND ITS MEMBERS, AFFILIATES, PARTNERS, CLIENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE AND EXPENSE (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) OF WHATEVER KIND (I) SUFFERED OR INCURRED BY ANY PERSON OR ORGANIZATION (INCLUDING ANY CONTRACTOR(S) ENGAGED BY REQUESTING SIGNATORY OR ANY EMPLOYEES OF REQUESTING SIGNATORY, OR ITS CONTRACTORS), AND (II) ARISING DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT AND/OR FROM REQUESTING SIGNATORY’S BREACH OF THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH LOSS, COST, DAMAGE, OR EXPENSE IS DUE TO THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AIDING SIGNATORY. Dispute Resolutions: If a dispute arises between the parties to this Agreement, the party claiming that a dispute has arisen shall provide to the other party immediate written notification, in accordance with the Notification Section of this Agreement, setting forth the specific natur e of such dispute. Upon the giving of the notice referenced above, the parties agree that they shall attempt to resolve the dispute by informal discussions. Each party commits to participate in these efforts in a timely manner and in good faith. If such informal efforts are not successful, the parties may submit the dispute to non- binding mediation. Any costs for the mediator shall be shared equally between the parties. In the event of any litigation arising out of the performance of this Agreement, it is agreed 72 Item 7. that the Courts of the County of Denton, State of Texas, shall be courts of proper venue. Further, in addition to any other relief, the Court may award the substantially prevailing party reasonable attorneys’ fees and costs. Notice: Any notice under this Agreement is to be in writing and shall be delivered by (a) United States certified first class mail, postage prepaid, return receipt requested, (b) personal delivery, (c) facsimile, with printed confirmation, (d) electronic transmission (e-mail), or (e) nationally recognized overnight carrier to the appropriate party using the following respective addresses: To City of Denton, Texas: City of Denton, Texas 215 E. McKinney Street Denton, TX 76201 Attn: City Secretary’s Office Fax: (940) 349-8596 E-Mail: citysecretary@cityofdenton.com To City of Sanger, Texas City of Sanger, Texas 502 Elm Street Sanger, Texas 76266 Attn: City Secretary’s Office citysecretary@sangertexas.org With a copy to: Attn: Fax: E-Mail: Notice will be deemed given forty-eight (48) hours after deposit into the United States Mail if sent by certified mail; when received if delivered personally, by facsimile or by e-mail (provided that if the fax or e-mail is received by the addressee, as evidenced by the fax confirmation or e-mail confirmation of the addressee, after 5:00 p.m. on the day the fax or e-mail is sent, such notice shall be deemed effective on the next business day); or twenty-four (24) hours after deposit if sent by nationally recognized overnight carrier. Either party may at any time change its address for notice by providing written notice of same to the other party in accordance with the notice provisions set forth above. Insurance: Each party agrees to maintain insurance coverage for its own equipment and personnel, whether through third-party insurance, self-insurance, or membership in an appropriate insurance pool providing equivalent coverage. 73 Item 7. CITY COUNCIL COMMUNICATION DATE: October 18, 2023 FROM: Casey Welborn, Assistant Fire Chief AGENDA ITEM: Consideration and possible action on Interlocal Cooperation Agreement between Denton County and the City of Sanger Police and Fire Departments for the use of Denton County Radio Communications System. SUMMARY:  Interlocal Agreement Renewal  County Services and Responsibilities  Agency Responsibilities  Revised Cost FISCAL INFORMATION: Budgeted: Yes Amount: $4,704.00 GL Account: 20-5460 / 24-5460 Fire Department Annual Cost: $2,880.00 Police Department Annual Cost: $1,824.00 Total Cost: $4,704.00 RECOMMENDED MOTION OR ACTION: Staff recommends approval ATTACHMENTS: Interlocal Cooperation Agreement 74 Item 8. 75 Item 8. 76 Item 8. 77 Item 8. 78 Item 8. 79 Item 8. 80 Item 8. 81 Item 8. 82 Item 8. 83 Item 8. 84 Item 8. 85 Item 8. 86 Item 8. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Ryan Nolting, Parks & Recreation Director & Shani Bradshaw, Economic Development Director. AGENDA ITEM: Consideration and possible action on authorizing staff to issue an RFQ for Conceptual Renderings for Porter Sports Park Phase 2. SUMMARY:  Staff is seeking approval for an RFQ for Conceptual Design for Porter Sports Park Phase 2  Utilization of design services will allow for a more comprehensive and customized plan for the next phase of Porter Sports Park.  The Sanger Development Corporation (4B) has allocated funding for the conceptual rendering design services.  Approved Recommendation of the Sanger 2040 Comprehensive Plan. FISCAL INFORMATION: Budgeted: Yes Amount: $75,000 GL Account: 76-5430 RECOMMENDED MOTION OR ACTION: Staff recommends approval to move forward on the RFQ for Conceptual Design for Porter Park Phase 2. ATTACHMENTS:  City Council Communication  Porter Park Phase 2 RFQ  Professional Services Agreement  Park Boundary Map 87 Item 9. CITY OF SANGER, TEXAS REQUEST FOR QUALIFICATIONS (RFQ) RFQ-2023-03 CONCEPTUAL RENDERINGS FOR PORTER SPORTS PARK PHASE 2 PROPOSAL DUE DATE: 12:00 Noon Central Time Tuesday, Nov. 21st, 2023 ISSUED BY: CITY OF SANGER PARKS & RECREATION DEPARTMENT 88 Item 9. 2 SECTION 1. INTRODUCTION: Purpose The City of Sanger invites qualified firms to provide conceptual renderings for currently undeveloped parkland in the south east area of Sanger. This 45-acre park will be a great addition to the Sanger area with the primary focus on baseball fields. SECTION 2. COMMUNITY PROFILE: City Overview The City of Sanger, Texas, with a population of approximately 9,000 is located in North Texas within Denton County and located along both sides of I-35 and north and south of FM 455. Sanger is comprised of nearly twelve (12) square miles and is neighbored by Denton to the south, Valley View to the north, Lake Ray Roberts and Pilot Point to the east, and an unincorporated area to the west. Major transportation corridors include I-35 and FM 455. The City is comprised of a mix of residential, commercial, and industrial land uses as well as a vibrant downtown area. SECTION 3. PROJECT BACKGROUND: The City recently adopted a new comprehensive plan called Sanger 2040 Comprehensive Plan. This plan is meant to be a guideline for future development. This park provides Sanger residents with access to a range of active and passive green space at the same time, strengthen the opportunity for outdoor activity and education. SECTION 4. SCOPE OF SERVICES AND DELIVERABLES: The city invites qualified firms to submit a proposal for providing the City of Sanger with conceptual renderings for approximately 45 acres of currently undeveloped parkland. Baseball fields will be the primary activity of this park with the focus of one Miracle Field. Other elements the city would like to see included:  Open Space  Walking Trails  Disc Golf  Covered Playground  Pickle Ball  Pavilion  Event Parking SECTION 5. INFORMATION PROVIDED BY THE CITY: Maps and the Sanger 2040 Comprehensive Plan can be found on the City’s website. 89 Item 9. 3 SECTION 6. TIMELINE: It is expected that a contract will be executed between the City and the selected consulting firm within forty-five (45) days of the due date for proposals. It is anticipated that the project will be completed within six (6) months from the signing of the contract. SECTION 7. SUBMISSION DETAILS: Statement of Qualifications The consultant shall submit a Statement of Qualifications. The statement, at minimum, should address each of the specific topics listed below (additional information may be included). Failure to include any of the following requested information may be cause for the proposal to be considered incomplete and thus rejected. 1. Provide a cover letter on firm letterhead and identify the project manager and key staff involved along with contact information for the project manager. 2. Written presentation of the qualifications of the firm and their understanding of the work to be performed. 3. List of services that will be provided. 4. Availability, credentials, and related experience of the firm and key staff with similar studies, preferably with municipal governments. 5. Provide copies of the resumes of the proposed project manager and key staff. Provide information on specific experiences with successful outcomes in conducting the process and making presentations to public bodies. 6. Include with their proposals a list of at least three (3) current references for whom comparable work has been performed in the past three (3) years, specifically citing work in communities similar to Sanger. This list shall include the municipality’s name, person to contact, address, telephone number, email address, and a brief, but adequately detailed description of the work performed. 7. Provide complete or partial examples of work similar in nature to this project. 8. List of anticipated sub-contractors and/or partners, if any, and their availability, credentials, and related experience. 9. Explain the methodology you propose to successfully perform the services outlined in the Scope of Work. 10. Include a statement on the anticipated time frame based on the scope of work as listed in this RFQ. Report on prior experience in delivering services within the prescribed time frame. SECTION 8. SUBMISSION INSTRUCTION STATEMENT OF QUALIFICATIONS MUST BE RECEIVED BY 12:00 NOON (CENTRAL TIME) NOVEMBER 21, 2023 SUBMISSIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED 90 Item 9. 4 Four (4) printed copies of the Statement of Qualifications in a sealed envelope should be sent to: Ryan Nolting Director of Parks & Recreation City of Sanger 502 Elm Street Sanger, TX 76266 Phone: 940-458-2059 Email: rnolting@sangertexas.org The proposals will be publicly recognized at the same location (City Hall, 502 Elm St, Sanger TX 76266) at 2:00 PM (Central Time) on November 21, 2023. One (1) electronic, PDF copy of the Statement should also be included on a USB/Flash drive. Questions should be directed to Ryan Nolting, Director of Parks & Recreation, at the contact information listed above. SECTION 9. SELECTION PROCESS AND CRITERIA FOR CONSIDERATION OF QUALIFICATIONS: Statements will be reviewed and evaluated by the city staff and on a number of criteria, including, but not limited to the following:  Overall responsiveness and quality of the proposal in clearly stating an understanding of the project.  Experience and knowledge in developing similar plans by consultant personnel who will be directly involved with the project.  The experience and availability of support staff for the project.  The ability to complete the plan within the given timeframe.  References. After evaluating the proposals, the city may request additional information from any consultant identified as most responsive to this RFQ. At its discretion, the City may require any consultant to make a presentation to provide an opportunity to clarify the submission. The city will schedule any such presentations. The city will evaluate the written proposals and will select the consultant which meets the best interest of the city. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City’s decisions will be final. The City reserves the right to negotiate any and all elements of this proposal, including, but not 91 Item 9. 5 limited to, the fee structure and terms of the contract, with the proposing firm selected. A. DISCLAIMER This RFQ does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in the preparation and submission of Statements or anticipation of a contract. The City reserves the right at its sole discretion: to make selections, to reject any or all submissions, to issue subsequent RFQ, to remedy technical errors in the RFQ process, and to enter into a contract with one or more consultants for the provisions of any, all or some of the services described herein. B. AGREEMENT FOR PROFESSIONAL SERVICES Attached as Exhibit A is the City of Sanger’s standard agreement for professional services. The agreement also indicates the insurance and indemnification requirements that the City will require of the selected firm. C. ADDITIONAL INFORMATION: 1. A person or business that contracts with Sanger or who seeks to contract with the City must file a “Conflict of Interest Questionnaire” (FORM CIQ) which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline. The form contains mandatory disclosures regarding “employment or business relationships” with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. 2. Compliance with HB 89. A person or business that contracts with Sanger or who seeks to contract with the City shall not boycott Israel at any time while providing products or services to the City of Sanger. This requirement does not apply to companies with fewer than ten full-time employees; or contracts that are less than $100,000.00. 3. Respondent verifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract, as those terms are defined by Chapter 2274, Government Code. This requirement does not apply to companies with fewer than ten full-time employees; or contracts that are less than $100,000.00. 4. Respondent verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association, as those terms are defined by Chapter 2274, Government Code. This requirement does not apply to companies with fewer than ten full- time employees; or contracts that are less than $100,000.00. 5. Compliance with SB 252. A person or business that contracts with Sanger or who 92 Item 9. 6 seeks to contract with the City shall not do business with Iran, Sudan, or a foreign terrorist organization while providing products or services to the City of Sanger. The undersigned affirms that he/she has read and understands the specifications, terms, and conditions, all exhibits and attachments contained herein and that they are duly authorized to execute this response to the Request for Qualifications. Signature Company Date 93 Item 9. AGREEMENT TO PROVIDE PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is entered into this day of ,20___ by and between XXXXXX ("PROFESSIONAL") and the CITY OF SANGER, TEXAS, a municipal corporation of the State of Texas ("CITY"). For convenience, the PROFESSIONAL and the CITY may sometimes be referred to herein collectively as “parties” and individually as a “party.” WITNESSETH WHEREAS, CITY desires to engage PROFESSIONAL to provide professional services as more fully described on Exhibit “A” attached hereto and incorporated herein by reference; and WHEREAS, PROFESSIONAL agrees to provide such work and services for CITY in accordance with the terms of this Agreement; NOW, THEREFORE, for the mutual promises set forth herein, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto mutually agree as follows: 1. Employment of PROFESSIONAL. (a) CITY agrees to engage PROFESSIONAL and PROFESSIONAL hereby agrees to perform the services described in Exhibit “A” attached hereto and incorporated herein by reference. (b) Notwithstanding anything to the contrary contained in this Agreement, CITY and PROFESSIONAL agree and acknowledge that CITY is entering into this Agreement in reliance on PROFESSIONAL’s special and unique abilities. PROFESSIONAL accepts the relationship of trust and confidence established between it and CITY by this Agreement. PROFESSIONAL acknowledges that PROFESSIONAL shall be solely responsible for determining the methods for performing the services described in Exhibit “A” attached hereto. PROFESSIONAL covenants with CITY to use its best efforts, skill, judgment, and abilities to perform the work required by this Agreement and to further the interests of CITY in accordance with CITY’s requirements, in compliance with applicable national, federal, state, municipal, laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction. PROFESSIONAL warrants, represents, covenants, and agrees that all of the work to be performed by PROFESSIONAL under or pursuant to this Agreement shall be done (i) with the professional skill and care ordinarily provided by competent engineers or architects, as the case may be, practicing under the same or similar circumstances and applicable professional license; and (ii) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect, as the case may be. 94 Item 9. (c) PROFESSIONAL will be responsible for supplying all tools and equipment necessary for PROFESSIONAL to provide the services set forth in Exhibit “A” attached hereto. 2. Compensation. CITY agrees to pay PROFESSIONAL the fees set forth in Exhibit “A” attached hereto. Within fifteen (15) days of the end of the month within which services were rendered, PROFESSIONAL shall provide City an invoice specifying the services provided during the previous month and the total amount owed by City. Payment will be made by CITY within thirty (30) days of receipt of an invoice from PROFESSIONAL. 3. Changes. CITY may, from time to time require changes in the scope of services of PROFESSIONAL to be performed hereunder. Such changes, which are mutually agreed upon by and between CITY and PROFESSIONAL, shall be incorporated in written amendment to this Agreement. 4. Services and Materials to be Furnished by CITY. CITY shall furnish PROFESSIONAL with all available information and data PROFESSIONAL requests pertinent to the execution of this Agreement. CITY shall cooperate with PROFESSIONAL in carrying out the work herein and shall provide adequate staff for liaison with PROFESSIONAL. 5. Ownership of Documents. All reports, plans, specifications, computer files and other documents prepared by PROFESSIONAL for which PROFESSIONAL has been compensated pursuant to this Agreement shall be the property of CITY. PROFESSIONAL will deliver to CITY copies of the prepared documents and materials. PROFESSIONAL shall make all documents and related data and material utilized in developing the documents available to CITY for inspection whenever requested. PROFESSIONAL may make copies of any and all such documents and items and retain same for its files. PROFESSIONAL shall have no liability for changes made to or use of the drawings, specifications, and other documents by anyone other than PROFESSIONAL subsequent to delivery of the prepared documents and materials. However, any such change or other use shall be sealed by the individual making the change or use and shall be appropriately marked to reflect what was changed or modified. 6. Term and Termination of Agreement. This agreement will be for a period of beginning on , and expiring on . Either party may terminate this agreement at any time by providing thirty (30) days written notice to the other party. 7. Notices. All notices, consents, demands, requests and other communications which may or are required to be given hereunder shall be in writing and shall be deemed duly given if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage prepaid, to the addresses set forth hereunder or to such other address as the other party hereto may designate in written notice transmitted in accordance with this provision. In case of the City, to: 95 Item 9. City of Sanger Attention: John Noblitt P.O. Box 1729 Sanger, TX 76266 And send a courtesy copy by email to: jnoblitt@sangertexas.org In case of Vendor, to: And send a courtesy copy by email to: Notwithstanding the foregoing, ordinary communications may be sent by electronic mail to the designated representatives of the City and Vendor. 8. Completeness of Contract. This Agreement and the documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. If there is any conflict between the terms of this Agreement and the documents attached hereto, the terms of this Agreement shall control, then Exhibit A CITY’S Request for Qualifications, then Exhibit B PROFESSIONAL’S Response to the Request for Qualifications. This Agreement may not be subsequently modified except by a writing signed by both parties. 9. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable hereunder to any party other than PROFESSIONAL. 10. Final Decisions. Serving as a PROFESSIONAL to CITY, PROFESSIONAL shall advise all parties that final decisions shall be made by the City Council and/or City Manager. 11. Indemnification. PROFESSIONAL DOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL CLAIMS, RELEASE, INDEMNIFY, AND HOLD HARMLESS CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR PROPERTY, CAUSED BY OR RESULTING FROM THE 96 Item 9. NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBPROFESSIONAL OR SUPPLIER COMMITTED BY PROFESSIONAL, ITS AGENTS, OR CONSULTANTS UNDER CONTRACT, OR ANY OTHER ENTITY OVER WHICH PROFESSIONAL EXERCISES CONTROL, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002 (b) AND PROFESSIONAL WILL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT CITY AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. THE INDEMNIFICATION UNDER THIS SECTION SHALL INCLUDE REASONABLE ATTORNEYS’ FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS IN PROPORTION TO PROFESSIONAL’S LIABILITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS SECTION (INDEMNIFICATION) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Insurance. PROFESSIONAL shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement and for a period of four (4) years thereafter the following minimum insurance: A. Commercial general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability in an amount of not less than $1,000,000. B. Automobile bodily injury and property damage liability insurance with a limit of not less than $1,000,000. C. Statutory workers’ compensation and employers’ liability insurance as required by state law. D. Professional liability insurance (Errors and Omissions) with a limit of $1,000,000 per claim/annual aggregate. PROFESSIONAL shall provide CITY with proof of insurance required hereunder prior to commencing work for CITY and CITY shall be named as an additional insured on the policy. PROFESSIONAL shall provide CITY with written notice of any coverage limit change on the insurance. Such policies shall name CITY, its officers, and employees as an additional insured and shall provide for a waiver of subrogation against CITY. PROFESSIONAL shall insure that all subcontractors comply with the same insurance requirements. 13. Client Objection to Personnel. If at any time after entering into this Agreement, CITY has any reasonable objection to any of PROFESSIONAL’s personnel, or any personnel, professionals and/or consultants retained by PROFESSIONAL, PROFESSIONAL shall promptly propose substitutes to whom CITY has no reasonable objection, and PROFESSIONAL’s compensation shall be equitably adjusted to reflect any difference in 97 Item 9. PROFESSIONAL’s costs occasioned by such substitution. 14. Timeliness of Performance. PROFESSIONAL shall perform its professional services with due and reasonable diligence consistent with sound professional practices. 15. Personnel. All of the services required hereunder will be performed by PROFESSIONAL or under PROFESSIONAL's supervision, and all personnel engaged in the work shall be qualified to perform such services. 16. Independent Contractor. In performing the services under this Agreement, PROFESSIONAL is acting as an independent contractor. No term or provision hereof be construed as making PROFESSIONAL the agent, servant, or employee of CITY or as creating a partnership or joint venture relationship between PROFESSIONAL and CITY. 17. Assignability. The parties hereby agree that PROFESSIONAL may not assign, convey or transfer its interest, rights and duties in this Agreement without the prior written consent of CITY. 18. Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 19. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action brought to interpret or enforce the terms of this Agreement shall lie in Denton County, Texas. 20. No Third-Party Beneficiary. For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) this Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY and PROFESSIONAL, or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations they owe to either CITY or PROFESSIONAL. 21. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 22. Conflicts of Interest. By signature of this Agreement, PROFESSIONAL warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including business or personal financial interests, direct or indirect, in property abutting the proposed project and business relations with abutting property owners, or with elected officials or employees of CITY. PROFESSIONAL further warrants that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Agreement and prior to final payment under the Agreement. PROFESSIONAL warrants that it has submitted to CITY a completed Conflicts of Interest Questionnaire as 98 Item 9. required by Chapter 176 of the Texas Local Government Code. 23. Authority to Sign. The parties hereby warrant and represent that the undersigned persons have full authority and are duly authorized to sign on behalf of their respective principals and that such principals have duly authorized the transaction contemplated by this Agreement. 24. Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 99 Item 9. IN WITNESS WHEREOF, CITY and the PROFESSIONAL have executed this Agreement as of the date first written above. CITY OF , TEXAS By: Print Name: Title: Approved as to Form ________________________ Hugh Coleman City Attorney City of Sanger [PROFESSIONAL’S NAME] By: Print Name: Title: EXHIBIT A: CITY REQUEST FOR QUALIFICATIONS EXHIBIT B: RESPONSE TO REQUEST FOR QUALIFICATIONS 100 Item 9. Denton CAD Web Map 10/6/2023, 8:23:36 AM 0 0.09 0.170.04 mi 0 0.1 0.20.05 km 1:4,514 Denton County Appraisal District, Harris Govern -- This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the 101 Item 9. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Alina Ciocan, Assistant City Manager AGENDA ITEM: Consideration and possible action on Resolution No. 2023-15 adopting a Purchasing Policy. SUMMARY:  In FY 22-23, City Administration implemented a new internal program designed to analyze the various functions of the organization with the goal of optimizing operations and providing better services to our residents.  As part of this effort, Purchasing was the first function to be reviewed.  Through this review process, updating the City’s Purchasing Policy & Procedure Manual has been identified as a necessary step in establishing an even more robust Purchasing program. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: N/A ATTACHMENTS:  Resolution No. 2023-15  Purchasing Policy & Procedures Manual 102 Item 10. Resolution –Purchasing Policy Page 1 of 1 CITY OF SANGER, TEXAS RESOLUTION NO. 2023-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, TO ADOPT A PURCHASING POLICY AND PROCEDURES MANUAL; AUTHORIZING ITS EXECUTION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is prudent to establish sound purchasing policies and procedures for the City; and WHEREAS, The Purchasing Policy and Procedures Manual establishes the internal process to be utilized to ensure that proper procurement methods are followed and are in compliance with the City Charter, State and Federal laws, and good practices for local government; and WHEREAS, these procedures and processes promote efficiency, effectiveness, equity and fairness in public purchasing; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of Sanger. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. SECTION 2. That the City Council of Sanger, Texas adopts the Purchasing Policy and Procedures Manual attached hereto and incorporated herein as Exhibit “A”. SECTION 3. That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED THIS THE 16TH DAY OF OCTOBER 2023. APPROVED: _______________________________ Thomas E. Muir, Mayor ATTEST: _______________________________ Kelly Edwards, City Secretary 103 Item 10. Exhibit A CITY OF SANGER Purchasing Policy & Procedures Manual City Council Adoption: 104 Item 10. TABLE OF CONTENTS Section 1: Policy .................................................................................................................. 4 1.1 Purpose & Policy .................................................................................................... 4 1.2 Authority ................................................................................................................. 4 1.3 Enforcement ........................................................................................................... 5 1.4 Legislative Updates ................................................................................................ 5 1.5 Additional Resources ............................................................................................. 5 Section 2: Purchasing Ethics ............................................................................................... 6 2.1 Definitions ........................................................................................................................... 6 2.2 Purchasing Code Of Ethics .................................................................................... 6 2.3 No Employee Interest In Existing Contract ............................................................. 7 2.4 Conflict Of Interest ............................................................................................................. 7 2.5 Gratuities (Gifts And Entertainment) ....................................................................... 7 2.6 Supplier/Vendor Relations ..................................................................................... 8 Section 3: Purchasing Procedures ...................................................................................... 9 3.1 Department Responsibilities ................................................................................... 9 3.2 Purchasing Thresholds .......................................................................................... 9 3.3 Emergency Purchases ......................................................................................... 11 3.4 Disaster Procurement .......................................................................................... 12 3.4.1 Purpose ....................................................................................................... 12 3.4.2 Definitions ................................................................................................................. 12 3.4.3 Delegations Of Purchasing Authority In Exigent Circumstances ................... 13 3.4.4 Delegation Of Authority ................................................................................. 13 3.4.5 Procurement Procedures In Exigent Circumstances .................................... 14 3.4.6 Notification And Ratification ................................................................................... 15 3.5 Sole Source Purchases ....................................................................................... 16 3.6 Cooperative Purchases ....................................................................................... 17 3.7 Procurement Of Professional Services ............................................................... 17 3.8 Public Works/Construction Procurement ............................................................. 17 3.9 Change Orders ................................................................................................... 18 3.10 Purchasing Card ................................................................................................. 19 Section 4: Methods Of Procurement ................................................................................. 25 Section 5: Bond, Insurance, And Indemnification ...................................................................... 28 Section 6: Contracts .......................................................................................................... 31 Section 7: Surplus Property ............................................................................................... 32 7.1 Purpose ............................................................................................................... 32 7.2 Definitions ......................................................................................................................... 32 7.3 General ................................................................................................................ 32 7.4 Personal Use Prohibitions And Permissions ........................................................ 32 Section 8: Grants .............................................................................................................. 34 8.1 Policy ................................................................................................................... 34 2 City of Sanger 105 Item 10. 8.2 Identification And Application .......................................................................................... 34 Section 9: Miscellaneous Guidelines ................................................................................. 35 9.1 Bid Protests.......................................................................................................... 35 9.2 Debriefing .......................................................................................................................... 35 9.3 New Vendors ....................................................................................................... 35 9.4 Discrimination....................................................................................................... 35 9.5 Placing Orders ..................................................................................................... 35 9.6 Quotes - Freight Charges And Fees .................................................................... 35 9.7 Purchasing Orders .............................................................................................. 35 9.8 Invoices ............................................................................................................... 36 9.9 Revolving Credit Accounts .................................................................................. 36 9.10 Sales Tax Exemption ........................................................................................... 36 9.11 Tie Bids ............................................................................................................... 36 9.12 Vendor Performance ........................................................................................... 36 9.13 Non-Performing Vendors .................................................................................... 37 9.14 Prompt Payment Act ........................................................................................... 37 Purchasing Policy & Procedures Manual 3 106 Item 10. Section 1: POLICY 1.1 PURPOSE & POLICY It is the policy of the City to conduct procurement functions efficiently, effectively, and in full compliance with all federal and state laws, the City Charter, and City policies and procedures. The purpose of the Purchasing Policy is to provide guidance to all employees regarding procurement- related activities. Purchasing is a function of all departments. Department Directors, Assistant Directors, and Managers are responsible for ensuring that departmental purchases are in compliance with the City’s Purchasing Policy and approved budget. Purchasing procedures are subject to the following: • All purchasing shall adhere to sound purchasing policies to ensure that Sanger taxpayers receive the best value for city purchases. • All purchasing shall be made in accordance with the laws of the State of Texas, including Chapters 252 and 271 of the local government code, City Charter, and City administration policy and procedures. • Purchasing activities will be managed with proper controls, and all requisitions will be processed in a timely manner to ensure sufficient practices. • It is the policy of the City to obtain City Council approval on any expenditures of $50,000 or greater in accordance with State Statues. • In accordance with the city charter, the city council shall have the right to reject any and all bids. 1.2 AUTHORITY The City Council’s authority to contract for all goods and services is delegated to the City Manager as outlined in this policy and to those employees to whom the City Manager delegates that responsibility. The Chief Financial Officer interprets this policy. Any questions regarding the Chief Financial Officer’s interpretation and/or application of the policy may be taken to the City Manager for review and consideration. The City Manager shall resolve any question about any interpretation and/or application of the policy when there is a conflict. Policy administration rests with the City management, and City management reserves sole authority to administer City operations. Amendments and/or updates to the City of Sanger Purchasing and Procedures Manual must be approved by resolution of the City Council. The City Manager, as authorized by the City Council, may amend, revise, and make certain changes to the Purchasing and Procedures Manual as deemed necessary in the event said changes do not have the effect of revising the original force and intent of the policy and procedures set forth and adopted by City Council. 4 City of Sanger 107 Item 10. 1.3 ENFORCEMENT It shall be the authority of the City Manager and Finance Director to enforce all procurement procedures. A violation is defined as an employee’s action or omission that indicates a disregard for purchasing laws, policies, or procedures. A violation also may be noted if the employee’s action was unintentional but violates federal law, state law, city charter, policies, or procedures . Personnel who attempt to contract in the name of the City, or make authorized or unauthorized purchases outside the scope of this policy, may be subject to disciplinary action up to and including termination, legal action, and personal financial liability. If an officer or employee fails to comply with the competitive bidding or competitive proposal procedures required by law, that person may be charged with a Class B misdemeanor. This includes a situation where the officer or employee knowingly or intentionally authorizes separate, sequential, or component purchases to avoid competitive bidding requirements. Texas Local Government Code §§ 252.062, 252.063, and 271.029 provide criminal penalties for officers and employees who knowingly violate state purchasing statutes. 1.4 LEGISLATIVE UPDATES Any amendments to State or Federal law will automatically take effect on the date as stated in the legislation. 1.5 ADDITIONAL RESOURCES For additional information, the following are listed for reference: • Texas Local Government Code, Chapter 252 https://statutes.capitol.texas.gov/Docs/LG/htm/LG.252.html • Texas Local Government Code, Chapter 271 https://statutes.capitol.texas.gov/Docs/LG/htm/LG.271.html • TML – Municipal Procurement Made Easy https://www.tml.org/351/Purchasing Purchasing Policy & Procedures Manual 5 108 Item 10. Section 2: PURCHASING ETHICS It is the policy of the City of Sanger that the following ethical principles govern the conduct of all employees involved, directly or indirectly, in the City’s procurement process. 2.1 DEFINITIONS Vendor is defined as a person or business that enters or seeks to enter into a contract with the City. Family Member means a person related to another person within the third degree of consanguinity. Family Relationship is a relationship between a person and another person within the second degree of affinity. Gift means a benefit offered by a person, including food, lodging, transportation, and entertainment accepted as a guest. 2.2 PURCHASING CODE OF ETHICS A special responsibility is imposed on all City of Sanger employees entrusted with allocating City funds. Employees are held to the highest degree of integrity in government procurement to secure the best financial results and comply with the procurement process. Employees involved in purchasing and purchasing-related functions must remain independent, free of obligation or suspicion, and entirely fair and impartial. Credibility and public confidence are vital throughout the purchasing process. Every person employed by the City of Sanger and performing public purchasing and purchasing-related functions shall abide by this code of ethics. • Refrain from holding business meetings with suppliers outside the office. If such a meeting is necessary, carefully choose the location so there will be no perception by others in the business community or your peers of impropriety. • Adhere to lawful instructions, using reasonable care, and only granted authority. Strive • to continually increase competition in supplier selection and endeavor to prevent any collusive activities among suppliers. Avoid soliciting or accepting money, loans, credits, and acceptance of gifts, entertainment, favors, or services from present or potential suppliers that might influence or appear to influence supply management decisions. • Handle confidential or proprietary information with due care and proper consideration. Receive consent from the originator of confidential information or proprietary ideas and designs before using them for competitive purchasing purposes. • Treat supplies equitably, without preference or discrimination, and without imposing • unnecessary constraints on the competitive market. • Avoid the intent and appearance of unethical or compromising practices in relationships, actions, and communications with vendors. 6 City of Sanger 109 Item 10. • Refrain from conducting any private business or professional activity that would result in a conflict of interest between the employee and employer. • Prohibit business relationships with persons with whom you are family member or with whom you have a family relationship. 2.3 NO EMPLOYEE INTEREST IN EXISTING CONTRACT Employees may not have any financial or other interest, in any proposed or existing contract, purchase (materials & supplies), work, sale, or service to, for, with, or by the City. A. Use of City employment, authority, or influence for personal betterment, financial or otherwise, is prohibited. 2.4 CONFLICT OF INTEREST City employees and officials must become familiar with the requirements in Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers; and Texas Local Government Code Chapter 171, Regulation of Conflicts of Interest of Officers of Municipalities; and the penalties provided therein. If a conflict exists, the employee shall notify the Chief Financial Officer in writing and remove himself or herself from the City purchasing process. 2.5 GRATUITIES (GIFTS AND ENTERTAINMENT) Employees shall not solicit or accept money, loans, gifts, favors or anything of value from current or potential vendors/contractors that might influence or appear to influence a purchasing decision or the City procurement process. If anyone is in doubt about whether a specific transaction complies with the policy, the person should disclose the transaction to the Chief Financial Officer for a determination of compliance. A. The purpose of the policy governing gifts to public employees is to regulate attempts to influence employees to use their authority or discretion to the advantage of the person making the gift and prevent criminal conduct per City policy. B. No officer or employee of the City shall accept, directly or indirectly any gifts, privileges or employment from any corporation, business or entity enjoying business from the City. The City recognizes that food items may be received from citizens and vendors as a ‘thank you’ for service during holiday time and on other occasions. Such offerings, including gift donations, are permissible and should be made for the enjoyment of everyone as available in that particular department, division, or worksite. Purchasing Policy & Procedures Manual 7 110 Item 10. C. Items that are not consumable on the premises shall be returned, donated to a City program or community organization, or used as a door prize at a City event. D. This policy is not intended to prohibit the employee or department from accepting discounted values when carrying out departmental (non-personal) business or accepting courtesy generally extended to business or governmental organizations within reason. E. Employees can attend events, meals, and sponsored events from citizens and vendors at the discretion of the employee’s supervisor. F. The City, as a whole, may accept consumable products as stated in item C above if the items are provided by a vendor that is not currently under evaluation through a procurement process. G. Questions regarding the acceptance of gifts should be channeled through the Chief Financial Officer. 2.6 SUPPLIER/VENDOR RELATIONS Employees of the City must: A. Promote positive vendor relations through courtesy and impartiality in all phases of the procurement process; B. Handle confidential or proprietary information belonging to the City, fellow employees, or vendors with care and proper consideration of ethical and legal ramifications and governmental regulations; C. Never use information gained confidentially in the performance of duties for profit; D. Exhibit a friendly, cooperative, and yet objective relationship with all suppliers; this will help avoid the appearance of partiality in business dealings; and E. Actively strive to comply with City policies and federal and state laws regarding purchases from small businesses and those owned by minorities and other disadvantaged groups. City employees must discharge their duties impartially to ensure suppliers have fair and competitive access to government procurement. City employees must conduct themselves in such a manner as to foster public confidence in the integrity of the City of Sanger procurement opportunities. Each employee must report any potential violations to the proper authorities. 8 City of Sanger 111 Item 10. Section 3: PURCHASING PROCEDURES 3.1 DEPARTMENT RESPONSIBILITIES It is the responsibility of the Department Director and/or Authorized Designee to ensure the following: A. The appropriate budget has been identified and is available; B. The appropriate method of purchase has been identified. For any purchases expected to exceed $50,000, the Finance Department should be consulted on ensuring the appropriate method of purchase is selected; C. City management and/or City Council approves of the purchase; D. City policy is being followed; E. State and Federal laws are being enforced; F. Documentation for the purchase is attached to the PO as requested G. Invoices are submitted within five (5) days of receipt to adhere to the provisions of the Prompt Payment Act as defined in section 9. 3.2 PURCHASING THRESHOLDS Purchasing thresholds are established to ensure fair competition among available, responsible vendors. To effectively expedite and control purchases of goods and services that are subject to Local Government Code, Chapter 252, the City of Sanger has adopted the follo wing purchasing thresholds. Employees should be aware that Chapter 252 of the Texas Local Government Code prohibits the use of “separate, sequential, or component purchases” to avoid competitive bidding requirements: Component Purchase is a purchase of the component parts of an item that in normal purchasing practices would be purchased in one purchase. Separate Purchases are purchases made separately of items that in normal purchasing practices would be purchased in one purchase Sequential Purchases are purchases made over a period of items that in normal purchasing practices would be purchased in one purchase. At no time, shall purchases be broken down into smaller quantities or specialized activities so as to avoid the requirements stated below. This practice is against State law and City policy. PURCHASES $2,999.99 OR LESS A. An approved department representative may source these items directly. B. Multiple quotes are recommended, but not required for this threshold. C. Purchases must be made with the purchasing card, under an authorized vendor charge account, or by obtaining a purchase order prior to placing the order. The following documentation is required: Purchasing Policy & Procedures Manual 9 112 Item 10. • Quote or proposal • Contract executed by City Manager, if applicable. Insurance is required if the supplier is performing work on City property. • Insurance certificate, if applicable. PURCHASES $3,000 TO $49,999.99 A. Requires three written quotes. B. Requires a documented attempt to contact two Historically Underutilized Businesses (HUBs) from HUB vendors within Denton County. C. A purchase must be made by obtaining a purchase order prior to placing the order. The following documentation is required: 1. All quotes/proposals obtained for this purchase (minimum of three) 2. HUB vendor information, if applicable. Indicate which HUB vendors were contacted. If no HUB vendors were identified, please indicate so. 3. Contract executed by the City Manager, if applicable. 4. Insurance certificate, if applicable. Insurance is required if the supplier is performing work on City property. PURCHASES $50,000+ Purchases in amounts of $50,000 or greater are generally subject to requirements of the competitive bid process unless specifically exempted by State Law. Exceptions to the $50,000 Bid Threshold: E. Professional Services F. Emergency Purchases G. Disaster Purchases H. Sole Source Purchases I. Cooperative Purchases J. Other Exemptions as outlined in the Texas Local Government Code Chapter 252 10 City of Sanger 113 Item 10. APPROVAL AUTHORITY AMOUNT Approval Requirements Level 1 Level 2 Level 3 Level 4 Review & Issuance $2,999.99 or less Authorized Staff Director Finance $3,000 - $24,999.99 Authorized Staff Director Finance $25,000 - $49,999.99 Authorized Staff Director City Manager Finance $50,000 + Authorized Staff Director City Manager City Council Finance 3.3 EMERGENCY PURCHASES Texas statutes generally allow the local government to make “emergency or exempted purchases” without competitive bidding as per Texas Local Government Code 255.022 “General Exemptions”. A political subdivision is generally exempted from competitive bidding or contacting Historically Underutilized Businesses (HUB) if one of the following occurs: Public Calamity – In the case of a public calamity, the prompt purchase of items is required to provide for the needs of the public or to preserve the property of the political subdivision. Preservation or Protection – The item is necessary to preserve or protect the health or safety of residents of the political subdivision. Unforeseen Damage – The item is made necessary by unforeseen damage to public property. True emergencies almost always occur as a result of parts and labor needed for unforeseen repairs to equipment that must be kept operational. When an emergency occurs, the need for quotes will be eliminated; however, a written explanation must be indicated on the Statement of Compliance for Irregular Purchases A. If the product or service is over $3,000 and under $50,000, obtain the City Manager’s authorization. Once authorization has been received, submit a requisition to obtain a purchase order, then call the vendor to initiate repair services or order the needed materials. The Purchase Order should be prepared and approved by both the Department Director and the City Manager. Immediately, or as soon as feasible, submit a copy of the invoice to Purchasing. B. In the event the emergency expenditure exceeds $50,000, follow the same procedures outlined in item A above, and prepare an agenda item and/or resolution for City Council approval to declare it an emergency and ratify payment for the products or services purchased. Purchasing Policy & Procedures Manual 11 114 Item 10. C. In extreme cases involving a disaster, an emergency declaration will be made. All purchases must be documented through proper state and federal forms and authorized by the Emergency Operations Center designated employee(s). D. An emergency created through neglect will not be processed as an emergency. Typical examples of such neglect are: A. Depletion of stock due to lack of planning. B. Building or equipment needing repairs for some time suddenly becomes listed as an emergency overnight within a short period with no substantial reason or facts. C. Orders of materials for projects, most of which must be planned weeks or months ahead of time and requested just before desired use. 3.4 DISASTER PROCUREMENT 3.4.1 PURPOSE This policy modifies the City of Sanger’s normal procurement practices to assure that, in both emergency and exigent circumstances caused by a proclaimed disaster or emergency, the City of Sanger is able to acquire the goods and services required to address an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of signif icant damage to improve public and private property through cost-effective measures while still maintaining an effective purchasing process and complying with applicable local and state purchasing laws. Where the City is included in a major disaster or emergency declared by the President of the United States, this policy also assures that City purchases comply with Federal regulations applicable to FEMA disaster grant reimbursement as defined in Title 2 of the Code of Federal Regulations, Part 200. (2CFR Pa rt 200) 3.4.2 DEFINITIONS For the purposes of this policy, a proclaimed disaster or emergency exists if: A. The Governor has declared a state of emergency for an area that includes the geographic territory of the City of Sanger, or B. The Mayor of the City of Sanger has declared an emergency in the City. Exigent circumstances are situations in which: C. A disaster or emergency has been proclaimed, and D. The public exigency for goods and services required to address an immediate threat to life, public health, or safety or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures will not permit competitive solicitation. Emergency Operations Center (EOC) is the centralized location of emergency response and recovery support operations during incidents. 12 City of Sanger 115 Item 10. Emergency Management Coordinator (EMC) is the employee delegated by the Mayor. 3.4.3 DELEGATIONS OF PURCHASING AUTHORITY IN EXIGENT CIRCUMSTANCES A. Delegation - If the City Manager determines that goods and services must be procured before the City Council is able to assemble and approve purchases, the City Manager has the authority, subject to the limitation set forth in subparagraphs 3.4.3 B and 3.4.3 C, to approve the immediate rental or purchase of any equipment, supplies, services or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures. B. Limits of Single Purchase Authority - The City Manager or designee shall have the authority to make individual purchases up to $10,000 on his or her signature alone. The City Manager shall have the authority to make purchases above $10,000 up to a maximum of $250,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by the Mayor Pro-tem, and in his or her absence, another council member. C. Limits of Aggregate Purchase Authority - The City Manager or designee shall have the authority to make aggregate purchases up to $10,000 on their signature alone. The City Manager shall have the authority to make purchases in excess of $10,000 up to a maximum of $250,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by the Mayor Pro-tem, and in his or her absence, another council member. 3.4.4 DELEGATION OF AUTHORITY Sub-Delegation: At any time that the City Manager is not available, his or her designee shall approve purchases as allowed in this section. Sub-Delegation of Purchasing Authority: If neither the City Manager nor his or her designee is available, the following department heads have the authority to rent or purchase from the nearest available source any equipment, supplies, services, or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures, up to a maximum of $10,000. Department Heads include: • Assistant City Manager • Chief Financial Officer • Police Chief • Fire Chief Purchasing Policy & Procedures Manual 13 116 Item 10. • Assistant Fire Chief • Public Works Director Administrative Procedures: A. As soon as possible, after purchases are made under this section, the City Manager, his or her designee, or department head shall submit to the Finance Director a requisition and a notation that the commodity has been ordered on an emergency basis from the vendor designated. B. The Chief Financial Officer will inform the City Manager and City Council of any individual purchase under this section with a contract amount greater than $10,000 and also whenever the aggregate of purchases under this section is greater than $250,000. C. Finance staff will obtain the City Manager’s or the City Manager’s designee approval prior to any purchase by a department head if the amount is $10,000 or more. D. If the City Manager or his or her designee is unavailable, and the delay in getting his/her signature would imperil life, safety, or improved property, the department heads as listed in 3.4.4 above may approve the emergency purchase of $10,000. E. The Chief Financial Officer shall have the authority to approve all disaster-related purchases under $250,000. F. The Chief Financial Officer will expedite the verification of funds available and complete the preparation of the purchase order. 3.4.5 PROCUREMENT PROCEDURES IN EXIGENT CIRCUMSTANCES Upon receipt of requisitions under Section 3.4, the Chief Financial Officer shall prepare purchase orders for the emergency equipment, supplies, services, or other items in accordance with the requirements of this section. A. Exempt Purchases are those less than $250,000 and do not require a formal bid. B. Purchases greater than $250,000 may be made following the procedures specified in this section. The signature(s) of the City Manager, Chief Financial Officer, and/or Department Head are required. Justification of Sole Source or No-bid Contracts, where exigent circumstances require immediate Procurement from the nearest available source, A. The Chief Financial Officer shall use the “Justification Form for Emergency Sole Source or No-Bid Purchase.” B. Procurement should be limited to that portion of the work that must be performed 14 City of Sanger 117 Item 10. immediately, allowing subsequent Procurement by competitive proposals of the remainder of the work. C. “Sole source” or “no-bid” acquisitions shall be necessary for one of the following reasons: placement of emergency protective measures, procurement of a scarce commodity, goods, or services or purchase or rental of emergency equipment, emergency consulting services, emergency road clearance or other emergency requirements. Provision for Alternate Bid Solicitation Procedures: : The City’s normal requirements for sealed bids shall not apply to acquisitions under this section. However, the Department Head shall conduct telephonic or other electronic bid solicitation from potential vendors or suppliers in lieu of written and/ or sealed bids in an effort to obtain multiple competitive proposals when and if time allows in light of the exigent circumstances. Locations of Postings for Request for Proposals or Invitation to Bids: The Chief Financial Officer may waive standard requirements for public posting of requests for proposals or solicitation of bids. Notices soliciting bids or requests for proposals shall be posted at the City’s designated Emergency Operations Center. Length of Time for Posting Requests: The Chief Financial Officer may shorten the normal bid period from fourteen days to expedite the award of contracts for emergency equipment, goods, or services. The Procurement Officer should seek to ensure that the shortened bid period allows multiple suppliers to submit bids. Number of Bids Required: Solicited bids that are non-responsive shall count towards the minimum number of bids required when there is a declared emergency or disaster in the Jurisdiction. All such no-bids must be documented as to the time, date, and person/company contacted, with a reason for no-bid, if possible. 3.4.6 Notification and Ratification Posting of Contracts and Awards – Under this section, all contracts awarded that exceed $50,000 shall be presented to City Council for ratification and publicly posted within sixty (60) days. Authority to Cancel Emergency Procurements: The City has the absolute authority to rescind a contract for non-performance within 24 hours when a contractor or vendor, once awarded a con tract, is unable to perform under the terms of the contract and the resulting delay or non -performance presents an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures. 1. Notification Requirement for Emergency Purchases: For any purchase in excess of $50,000, the Chief Financial Officer shall report all such purchases to City Council within thirty (30) days of the onset of the disaster. 2. Requirement for Separate Invoicing: All purchases or rentals made during proclaimed emergency or disaster conditions shall require separate invoicing from routine (non - disaster related) purchases. All invoices shall state the goods, services, or equipment Purchasing Policy & Procedures Manual 15 118 Item 10. provided and shall specify where the goods or services were delivered. All invoices shall specify the locations where the goods or services were used if at all possible. 3. Auditing of Invoices for Debris Clearance Prior to Payment: All invoices for debris clearance and removal shall be audited by the City prior to payment to the vendor. Vendors shall be notified of this requirement before the award of any contract for debris clearance and/or removal. Audits shall be in accordance with procedures for debris removal monitoring specified in FEMA’s Publication 325, Debris Management Guide. 4. Limitations of Disaster Purchasing Policy: For the purposes of this section, an emergency or disaster shall be deemed to exist when a condition exists that presents an immediate threat to life, public health, or safety or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost- effective measures and a local emergency or disaster has been proclaimed. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to life, public health, or safety or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost- effective measures shall follow the City’s regular purchasing provisions. 5. Notwithstanding the terms of this policy, nothing contained herein shall conflict with Federal procurement regulations as currently defined in 2 CFR Part 200. 3.5 Sole Source Purchases Quotes are not required if the materials, goods, or supplies can only be purchased from a sole vendor, in other words, a sole source. Reasonable efforts must be made to ensure purchases from sole sources are correctly classified as such. Materials, goods, and/or supplies cannot be requested so as to remove other suitable alternative vendors/sources. The department must attach justification to validate the sole source procurement meets one of the requirements listed below. • The good/service is one-of-a-kind or patented, copyrighted, secret process or unique item; • The product is only available from a regulated or natural monopoly; or • The product is a component of an existing system that is only available from one supplier. • Sole source purchases are approved only after the lack of alternate sources has been determined and proof of sole source is documented. The written justification should include one or more of the following: • Statement on company letterhead from vendor attesting to the fact that the item(s) being requested are only available from that vendor. • A statement from the Department Director or authorized designee providing information concerning previous attempts to obtain competitive bids on the item(s) requested including the name of the company and person contacted, in an effort to find other sources. 16 City of Sanger 119 Item 10. • If the purchase is $50,000 or greater, it must be found to be a sole source by the City Council before the purchase or contract is executed. 3.6 Cooperative Purchases Texas Government Code, Chapter 791, and Texas Local Government Code, Chapter 271, authorize the use of cooperative purchasing programs. These chapters authorize the City to use another entity’s bid and likewise allow another entity to use the City’s contracts. Additionally, the statutes allow the City to use a cooperative contract issued by an established cooperative agency. The following must be included and established to utilize a cooperative contract. A. The bid specifications/contract must have cooperative language. B. The awarded vendor must have agreed to the terms. C. An Inter-local agreement must be in place between the City and the issuing entity. The City has established memberships and entered into inter-local agreements which promote participation in cooperative purchasing programs. Purchasing Inter-local Agreements will not be executed to merely avoid the competitive process. The Finance Department shall manage and oversee all Purchasing Inter-local Agreements. Departments should contact the Finance Department for assistance with cooperative purchases and any reporting requirements. 3.7 Procurement of Professional Services Professional services generally refer to those services performed by an individual. Cities are prohibited by law from awarding a contract by competitive bidding for some professional services, including architects, interior designers, engineers, or certified public accountants. The Professional Services Procurement Act established a set of procedures that must be followed to contract for these services. The selection of these providers shall be based on demonstrated competence, experience, and qualifications of the firm. If a department is not sure if a service is a “professional service,” the department should contact the Finance Department before securing such services. 3.8 Public Works/Construction Procurement Public Works projects are those projects that require the construction, repair, or renovation of a structure, building, street, highway, bridge, park, water and wastewater distribution facility, airport runway or taxiway, drainage project, or other improvements or additions to real property. A. Bid Type: Several processes are defined in the Texas Government Code Chapter 2269. The Department Head shall consult with the Chief Financial Officer to determine which method will provide the best value for the City. Purchasing Policy & Procedures Manual 17 120 Item 10. B. Prevailing Wage Rates: Texas Government Code Chapter 2258 mandates that any Public Works contract awarded by the City include the requirement to pay prevailing wage. The statue requires the payment of a prevailing wage rate for laborers and mechanics and applies to both contractors and subcontractors. Wages for workers on construction projects shall not be paid less than the schedule of general prevailing rates of per diem wages as mandated. The prevailing wage rate or a link with the wage rates with the date shall be included in public works projects. Rates may be accessed at: http://www.wdol.gov/dba. aspx. C. Bonding Requirements: Bonds shall be executed in accordance with the Texas Government Code Chapter 2253. • The bond must be executed by a corporate surety in accordance with the policies of the City. • The corporate surety must be licensed by the State of Texas to issue surety bonds and appear on the U.S. Treasury List of acceptable forms. • A Power of Attorney must be included. • Bonding shall be verified prior to the start of any project. D. Insurance and Indemnification Requirements: • The minimum insurance required will be specified by the City of Sanger. • For construction projects, all contractors and sub-contractors, including those delivering equipment or materials or performing a service shall provide workers’ compensation for all employees. General contractors are responsible for ensuring that sub -contractors carry the same or higher insurance as those required. • All contractors shall provide proof of coverage satisfactory to the City. Contractors shall post required signs at the job site(s) informing all workers of their right to workers’ compensation coverage. Texas Labor Code §406.096. 3.9 Change Orders A change order is the written documentation and approval process that must be performed when changes in the scope of a project are proposed after the performance of a contract has begun. Such changes may include a significant change in the quantity of work to be performed, the cost of work to be performed, or the materials, equipment, or supplies to be furnished. A change order is usually written for a construction contract but may be necessary for other types of contracts. Refer to Texas Local Government Code Chapters 252 and 271. Threshold for Change Orders A “threshold” is defined as a financial limit on the amount of expenditures that can be authorized by the City Manager on a construction project before requiring City Council approval. See Texas Local 18 City of Sanger 121 Item 10. Government Code Chapters 252 and 271. • Change Orders Greater than $50,000 – If the change order is greater than $50,000 it must be approved by the City Council. • Change Orders Less than $50,000 – If the change order is less than $50,000 it may be approved by the City Manager. • A change order or cumulative total of project change orders may not exceed 25% of the original contract amount. • Once the total of all approved change orders on a project (including the contingency amount) totals more than $50,000, all subsequent change orders must be approved by the City Council. • The original contract price may not be decreased by more than 25% without the consent of the contractor. • Change orders shall be listed in number sequence on the Purchase Order. Approval for Change Orders If aa change order is greater than $50,000 and is extremely time sensitive and qualifies as an emergency, the City Manager may approve such a change order prior to City Council approval; however, such change order still must be brought to the City Council as soon as possible for approval. Emergency conditions are defined in this policy. Contingency Funds The City Council may establish a contingency fund for a construction project at the time of the award of a bid to be used during the course of a project. A contingency fund maybe established at any dollar amount above the bid award provided that is reasonable and prudent. (10% or less as determined by staff/budget.) 3.10 Purchasing Card The Purchasing Card (PCard) program is intended to streamline and simplify the purchasing and accounts payable functions for small purchases. The Purchasing Card is a tool that reduces transaction costs, facilitates the timely acquisition of materials and supplies, automates data flow for accounting purposes, and offers flexible controls to help ensure proper usage. The Program is designed as an alternative to various processes, including petty cash and purchase orders for small purchases. The Program is not intended to avoid or bypass appropriate procurement of payment procedures. Instead, the Program complements the existing processes available. The Purchasing Card is a MasterCard credit card issued by Citibank. Some record-keeping is essential to successfully use the Purchasing Card. Purchasing Policy & Procedures Manual 19 122 Item 10. This Cardholder Guide provides information about the process, the types of purchases that can and cannot be made, records that must be maintained and reconciled for each cycle, and a variety of other Program information. Employees commit city funds each time they use the Purchasing Card. This is a responsibility that should not be taken lightly. Employees are responsible for all charges made to the card issued t o them. Intentional misuse or fraudulent abuse may result in disciplinary action up to and including dismissal. The card will have no impact on the Cardholder’s personal credit. Although the card lists an individual’s name, the card is issued to the City of Sanger. Definitions For the purposes of the Purchasing Card Program and Cardholder Guide, the following words shall have the meaning designation as follows: Cardholder refers to an employee who: • Has been approved by the department director to receive a purchasing card. • Has read the Cardholder Guide, signed the Purchasing Card Agreement, and has been issued a card in their name. • Is authorized to purchase items for their work group in accordance with purchasing guidelines of the city and with this Cardholder Guide. Department Coordinator (optional) is the person designated by a department director to administer the purchasing card accounts at the department level. Program Administrator is the designated person assigned by the Finance Department who administers the program for all departments, responsible for setting up, overseeing, and maintaining the Purchasing Card Program. Obtaining a card Only full-time employees of the City of Sanger are eligible to receive a Purchasing Card. Employees will only be issued a Purchasing Card at the request of their department director to the Program Administrator. Requests are to be made using the Purchasing Card Request form. Employees are required to read the Cardholder Guide, understand the procedures outlined, and sign and date the Cardholder Agreement before being issued a Purchasing Card. Upon receipt of a Purchasing Card, the Cardholder must sign the back of the card(s) and always keep it in a secure place. The Cardholder is responsible for the security of the card(s) issued in their name 20 City of Sanger 123 Item 10. and the transactions made against the card(s). Although each Purchasing Card is issued in the employee’s (Cardholder’s) name, it is the City of Sanger’s property and is only used for city purchases as defined in this guide. Purchasing Card Restrictions A. The Card is NOT to be used for personal purchases. Other restrictions include, but are not limited to: • Alcohol or liquor • Entertainment, such as theater, movies, golf, etc • Services such as contracts and agreements • Cash refunds or advances • Fuel purchases B. The Purchasing Card is NOT to be used for single purchases over $3,000.00. C. Under no circumstances should a transaction be split into two separate receipts to bypass the single transaction dollar limit. D. Each card requires a monthly total limit, which will deny further transactions in that month. Using the Card Purchases with the necessary approval are initiated using the Purchasing Card. Cardholders must contact the supplier and agree to the price, quantity, and delivery date. When ordering, Cardholders should inform the supplier that the purchase is for City business, a tax-exempt entity, and should not be charged sales tax. If the purchase is via phone or mail, the Cardholder should ask the supplier to include the receipt with the goods when the product is shipped. This receipt is the only original documentation specifying whether or not sales tax has been paid against the purchase. The Cardholder is required to retain all receipts for purchases. An original, itemized receipt for every purchase must be obtained from the vendor when the card is used. Restaurant purchases must include the credit card receipt with the total, including tip, in addition to the itemized receipt. Sales Tax As a tax-exempt government agency, the City of Sanger does not pay sales tax. Cardholders are responsible for ensuring that the City is not charged sales tax by alerting the merchant in advance that the transaction is tax-exempt. If tax is included, the cardholder is responsible for correcting the charge. Cardholder Duties and Responsibilities • Cardholders, or an assigned liaison, are responsible for reconciling the statement monthly. Purchasing Policy & Procedures Manual 21 124 Item 10. • The cardholder must ensure transactions are completed within the assigned limits and guidelines, sales tax was not applied, and the original “detailed” receipt is included. • The cardholder is responsible for processing returns, verifying credits are received, tracking card balances, and disputing charges directly with the vendor. If a cardholder finds a discrepancy, they should contact the vendor and attempt to resolve the problem directly. A. The transaction in dispute must be noted in the item’s description. B. Cash refunds for returns are not allowed. C. The cardholder must verify the credit is received and attach documentation such as a return receipt or email from the vendor to the expense report. If a cardholder cannot resolve a disputed item directly with a vendor, the cardholder should contact the Program Administrator for assistance. Purchasing Card Transaction Flow Purchase The cardholder makes a purchase using the purchasing card; the Cardholder obtains an itemized receipt, and Cardholder forwards the itemized receipt to the Department Coordinator (if any). Departments may require Cardholders to record all Purchasing Card transactions on a Purchasing Card Transaction Log. Reconciliation Every month, the Cardholder will receive a statement from Citibank. The Cardholder (or Department Coordinator) shall review the statement and prepare a single Accounts Payable Voucher for all items on the statement. The A/P Voucher, monthly statement, and all individual purchase receipts shall be submitted to the Finance Department within five business days of the statement date. Photographs of receipts are not acceptable and should not be used. If the Department Coordinator has assigned General Ledger account codes, the Department Director must review and approve the charges. Photographs of receipts are not acceptable and should not be used. If a Department Coordinator has entered the General Ledger account codes, the Department Director must review. The Finance Department The Finance Department consolidates all statements received from departments and arranges payment. 22 City of Sanger 125 Item 10. Resolving Errors and Disputes In the case of an error, the Cardholder is first to contact the supplier and try to reach an agreement. Most disputes can be resolved in this manner. If unable to settle with the supplier or vendor, the Cardholder is to report the error or dispute to their supervisor immediately. Paying the Bill Purchasing Card purchases will be charged to an expense account based on the department/account combination that has been established. Lost or Stolen Cards Purchasing Cards should be secured in the same way as personal credit cards. In the event of a lost or stolen Purchasing Card, Cardholder is to immediately contact Citibank via the toll-free number 800- 248-4553 and notify the Purchasing Card Program Administrator. Refusal of Card or Account Should the Card be declined at the point of sale for any reason, Cardholder should contact the Purchasing Card Program Administrator. Every effort will be made to determine why the transaction was declined. Purchasing Card Audit Activity Purchasing Card activity is subject to random audits by appropriate personnel, including the City’s external auditors. The random audits help ensure adherence to the Program’s policies and procedures. Merchants That Do Not Accept the Card Merchants should be encouraged to become involved in the Purchasing Card Program. Merchants may contact their local bank or financial institution to become credit card capable. For those merchants that are unwilling to participate in the Program, alternative sources should be found. Violations Revocation Of The Purchasing Card The purchasing card is subject to revocation at any time at the discretion of the City Manager. Each cardholder must acknowledge receipt of the purchase card, understand the rules of usage, and sign the Cardholder Agreement Form. Failure to abide by this policy will result in revocation of their card and disciplinary action up to termination of employment. The Chief Financial Officer will recommend to the Department Director that the card be revoked following any violation of the Procurement Card Purchasing Policy & Procedures Manual 23 126 Item 10. policy. The Finance Director is authorized to temporarily suspend use of the card if unauthorized use is discovered and poses a threat to internal financial controls. • First Violation - revoke privileges for 30 days. • Second Violation - suspend privileges/revocation at the discretion of the City Manager and/ or disciplinary action including termination of employment. 24 City of Sanger 127 Item 10. Section 4: METHODS OF PROCUREMENT 4.1 Procurement Methods The Department Head will consult with the Chief Financial Officer to determine the best method of procurement to purchase goods and services. The methods of procurement utilized by the City are as follows: 1. Quote Method Quotes are utilized to purchase goods and services up to $50,000. Examples include but are not limited to maintenance and repair items, cleaning supplies, furniture, and office equipment. Purchases over $3,000 and up to $50,000 are subject to the Historically Underutilized Businesses (HUB) law of the State of Texas. Quotes can be obtained for one-time purchases or for the establishment of an annual contract. The award is made to the vendor providing the lowest bid or the best value, as pre-determined by the City. Negotiations are not permitted. 2. Competitive Sealed Bidding Method/Invitation for Bid (IFB) A bid is utilized to purchase goods and services over $50,000 and is subject to the competitive bid laws of the State of Texas. A bid is utilized for one-time purchases or for the establishment of an annual contract if there is a continuous need to purchase the same goods or services totaling in excess of $50,000 annually. Award is made to the lowest responsive and responsible bidder, or to the bidder providing the best value, as pre-determined by the City. Negotiations are not permitted. In determining the best value for the municipality, the municipality may consider: (1) the purchase price; (2) the reputation of the bidder and of the bidder’s goods or services; (3) the quality of the bidder’s goods or services; (4) the extent to which the goods or services meet the municipality’s needs; (5) the bidder’s past relationship with the municipality; (6) the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; (7) the total long-term cost to the municipality to acquire the bidder’s goods or services; and (8) any relevant criteria specifically listed in the request for bids or proposals. 3. Competitive Sealed Proposal (CSP) / Request for Proposal (RFP) Method This method is used for the purchase of goods and services at any dollar threshold, where factors Purchasing Policy & Procedures Manual 25 128 Item 10. other than price are considered in the award process. A pre-determined set of evaluation criteria is established, and all proposals are evaluated against the criteria and scored accordingly. Negotiations are permitted in order to obtain the best value for the City. 4. Request for Qualifications (RFQ) Method - Purchase of Professional Services The RFQ process is utilized to procure professional services, as defined in Texas Government Code, Chapter 2254. (a) Cities are prohibited from using competitive bidding procedures to obtain the services of architects, engineers, certified public accountants, land surveyors, physicians, optometrists, landscape architects, geoscientists or state-certified real estate appraisers. Instead, for contracts involving architectural, engineering or land surveying services, a City must first select the most highly qualified provider and then attempt to negotiate a fair and reasonable price. (b) All Other Professional Services: The RFQ process is utilized to select a firm on the basis of demonstrated competence and qualifications to perform the services, and for a fair and reasonable price, for professional services other than those identified above, if the expenditure is anticipated to be in excess of $50,000 A pre-determined set of evaluation criteria is established, and all qualifications are evaluated against the criteria and scored accordingly. Price cannot be disclosed or considered during the scoring process. Negotiations are permitted with the most highly qualified firm only. Negotiations will continue until terms, conditions, and a fair and reasonable price are agreed upon. If negotiations with the most highly qualified firm are not successful, negotiations will cease with the current firm and begin with the next most highly qualified firm. Once negotiations have ceased with a firm, re -opening negotiations with that firm is not allowed. 4.2 Awarding the Bid Best Value - If best value is utilized, below are a list of items the department may utilize to make the determination of “best value” for the City. • Purchase price; • Reputation of the bidder; • The bidder’s safety record; • Warranties; • The quality of the bidder’s goods or services; • The extent to which the goods or services meet the City’s needs; 26 City of Sanger 129 Item 10. • The bidder’s past relationships with the City or Department; • The impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses (HUB) and nonprofit organizations employing persons with disabilities; • The total long-term cost to the City to acquire the bidder’s goods or services; and • Any relevant criteria specifically requested in the bid or proposal. In the event no bids are received, the Department may re-advertise or choose to not undertake a contract. If only one bid is received, the City Council may choose to accept the bid, reject the bid and re-advertise, or determine not to undertake the project. Bids are opened and read aloud at the designated time and place. The bid/bids must then be presented to City Council. The City Council must then award the bid to the lowest responsible bidder or if previously determined, the bidder with the “best value”. The City Council does have the option to reject all bids as well. Once a bid has been opened, it may not be changed or altered to correct minor errors in the price. However, under some circumstances, a bidder may be able to withdraw a bid if it contains a substantial mistake that would cause a great hardship if enforced against the bidder. Note: Preference will be given to products with recycled materials as long as the products meet applicable specifications. 4.3 Confidentiality of Information in Bids or Proposals. (a) Trade secrets and confidential information in competitive sealed bids are not open for public inspection. (b) If provided in a request for proposals, proposals shall be opened in a manner that avoids disclosure of the contents to competing offers and keeps the prop osals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection. (Local Government Code, Chapter 252, Sec. 252.049) (c) Proposals must be made confidential until an award is made. Purchasing Policy & Procedures Manual 27 130 Item 10. Section 5: BOND, INSURANCE, AND INDEMNIFICATION Bond Policy Bidders may be required (at the statutory limit or less) to provide certain bonds for Public Works/ Construction Contracts. This ensures that if the bidder attempts to withdraw after the bid is accepted, the City will not suffer loss. The City will only accept sureties duly qualified and authorized. Personal sureties will not be accepted. The City may require bonding on other projects to mitigate risk. The City requires payment, performance, and maintenance bonding to be provided. Types of Bonds A. Bid Bonds – The Bid Bond minimum limit is five percent (5%) of the total amount bid and would typically apply to construction contracts. It is the City’s option whether or not bidders to provide a Bid Bond. Certified or cashier’s check will not be accepted in lieu of a Bid Bond. Bid Bonds are provided on surety forms. Bid Bonds will be returned to the issuing vendor upon request. Bond must be requested within ten days of award. B. Payment Bonds are required for Public Works contracts in excess of $50,000 and must be written for 100% of the total bid price. The Payment Bond is for the protection of those performing work as subcontractors or suppliers for the prime vendor/contractor. C. Performance Bonds are required for all Public Works contracts when the vendor’s bid exceeds $100,000, and they must be written for 100% of the total bid price. These bonds are solely for the protection of the City in the event of a contractor/vendor default under Contract terms and conditions. D. Maintenance Bonds can be written for a term relevant to the project. The coverage provided by a Maintenance Bond is to guarantee against defective workmanship and materials. Bond Requirements A. All Bonds must be in the forms acceptable to the City Manager. B. All performance bonds must be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”, as published in Circular 570, as may be amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. C. All performance bonds must be signed by an agent and must be accompanied by a certified copy of the authority for him or her to act. D. All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue performance bonds for the limits and coverage required. E. Approval of bonding company as per ratings of the Texas Department of Insurance, or a successor agency. 28 City of Sanger 131 Item 10. Insurance and Indemnification Policy A. Contractors performing work on City property or public right-of-way shall provide indemnification and certificates of insurance listing the City as an additional insured or a copy of their insurance policy(s) including a copy of the endorsements necessary to meet contract requirements, and hold harmless and defense clauses. B. Contractual agreement must contain a provision that transfers the risk of the project for the City to the contractor. Because the contractor may not have the financial resources to handle the risks that are transferred in the contract, the City requires that insurance be purchased and maintained by the contractor for financial security. C. Workers’ Compensation Insurance – Per Statute, contractors and subcontractors hired for building and construction projects must provide Workers’ Compensation Insurance for their employees regardless of the project’s cost. See Texas Labor Code, § 406.096. D. All insurance documents must be verified and approved prior to the contract, purchase order, or commencement of work to be performed. Note: City Manager may waive any insurance requirements for low cost/low risk contracts. Purchasing Policy & Procedures Manual 29 132 Item 10. INSURANCE City of Sanger Minimum Insurance Requirements Summary Agreement Type General Liability Auto Work. Comp. Employers Liability Prof. Liability Installation Floater Builder’s Risk Garage Liability General Contract - Services X X X X Personal Services X X X Professional Services X X X X X Construction X X X X X X Special Events X X X Min Coverage Amounts Minimum Standard Limit $1M Per Occurrence $2M Aggregate $1M Combined Single Limit Texas $500K Accident $500K Employee $500K Limit $1M Per Occurrence $2M Aggregate 100% Project Completed Value 100% Project Completed Value Total Value of Vehicles Additional Coverages (in addition to standard requirements based on agreement type unless noted) Construction Contracts Employers Liability Limit: $1M/$1M/$1M; CGL Limit: $2M per occurrence and $4M aggregate Garbage Collection Services CGL Limit: $5M per occurrence and $10M aggregate; Auto Limit: $5M Combined Single Limit Pollution Exposure $1M Pollution Liability (or equivalent) - Required for vendors or contractors performing work with pollution exposure. Railway Exposure $1M Railroad Protective Liability (insuring the railroad) - Required if performing work within 50 feet of a railway. Liquor Exposure $1M Liquor Liability - Required for vendors who sell or distribute liquor. Cyber Exposure $1M Cyber Liability (or equivalent) - Required for vendors with access to City networks or handle sensitive data. Footnotes: (1) Waiver of subrogation shall be provided with the Workers’ Compensation coverage. (2) The City shall be covered as additional insured on the GL and Auto policies. (3) Policies of insurance shall not be canceled without a 30-day notice to the City. (4) Insurance carriers must meet A.M. Best financial rating of A-VI or better. (5) Combination of primary or excess policies that meet the required limits is acceptable. (6) Agreements may require additional coverage and/or higher limits at the City’s discretion. Note: City Manager may waive any insurance requirements for low cost/low risk projects. 30 City of Sanger 133 Item 10. Section 6: CONTRACTS DEFINITIONS Contract is a written, legally binding document or obligation. Purchase Order is an official written document issued by a buyer, which is a commitment to pay the seller (vendor) for the products ordered. The process ensures purchases are approved and within budget. A Purchase Order or Contract is required when insurance and indemnification are needed. A Purchase Order is a contract. Annual contract is a contract for goods or services in which pricing is locked for a specific period of time. Evergreen contract is one that automatically renews after its initial term expires. The parties agree that the contract rolls over automatically and indefinitely until one gives the other notice to terminate it. CONTRACTS Purchasing items from a vendor other than the awarded vendor is a violation of the purchasing policy. An exception may be granted due to extenuating circumstances and must be approved in writing by the Chief Financial Officer. All purchases greater than $50,000 must include a standard contract, insurance, bonds (if needed), and a purchase order. CONTRACT MANAGEMENT Contract management shall be used by all departments to manage all City-related contracts. Failure to manage and control changes can result in an unintentional attempted modification to the scope of work, the extension of the schedule, an increase in the contract cost, circumvention of management controls, and diminished contractor accountability. Purchasing Policy & Procedures Manual 31 134 Item 10. Section 7: SURPLUS PROPERTY 7.1 PURPOSE The purpose of the policy is to ensure that the disposal of City-owned property is completed in a consistent manner throughout the organization. 7.2 DEFINITIONS Disposal means the sale, trade, donation, or destruction of surplus property or equipment. Item means surplus or obsolete movable assets such as vehicles and equipment, materials, and unclaimed property. Surplus means all supplies, assets, materials, and unclaimed property that are either obsolete at the end of their life cycle or no longer required by operations. Obsolete – lack of functional use or out of date. 7.3 GENERAL There are multiple formats for the disposal process. These include auction, transfer, trade-in, recycling, and destruction. All methods require written approval. A. Departments should contact the Finance Department prior to the disposal of any property over $5,000. Departments should complete the required disposition forms. B. Any item that is still operable and has a potential value shall be auctioned or traded during the replacement process as it becomes obsolete. C. Scrap Metal – Staff shall obtain from Finance authorization to recycle specific items. Funds received for the recycling must be submitted to Finance and deposited. Written receipts from the recycling center must be provided with the payment. 7.4 PERSONAL USE PROHIBITIONS AND PERMISSIONS City employees may purchase items from City issued (electronic) third-party auctions, provided that the employee making the purchase was not involved in the decision to dispose of said item(s). Steps Responsibility 1 Identify surplus property Department Director or designated Employee 2 Notify all departments of the availability of the surplus property. • Email to all departments/users • Allow a minimum of seven days Designated Department employee 32 City of Sanger 135 Item 10. 3 If a department is interested, complete the City’s Surplus Property Form and submit it to Finance. • Requesting department must pick up the equipment within seven days. Designated Department employee 4 If there is no interest, notify Finance. Complete Disposition form and send it to Finance Designated Department employee 5 Finance will determine the best method of disposal through: • Auction • Trade-In • Recycling • Donation • Destruction Finance 6 Prior to Sale: Department must remove all City of Sanger identification, markings, or equipment (logo, department numbering, equipment that will be used on other equipment, etc.) Designated Department employee 7 Move item to a secure location Designated Department employee 8 Take pictures and submit them to Parks Director • For vehicles & equipment, take a minimum of four pictures (one on each side). • Additional pictures of the inside, damage to exterior or interior, etc. • The more information/pictures provided will help with the sell and fewer questions will be generated by the public. Designated Department employee 9 Create a log with the identification, location, value, and date. Finance/Parks Director 10 Proceed with auction. Auctions will be completed quarterly or sooner, If needed. Finance/Parks Director 11 Receive funds and closeout auction. Finance Purchasing Policy & Procedures Manual 33 136 Item 10. Section 8: GRANTS 8.1 POLICY This policy establishes the responsibility for ensuring compliance and provides a review process that shall be completed before signing any grant or award document and accepting said grant or award. 8.2 IDENTIFICATION AND APPLICATION Departments seeking grants must provide advance notice in writing to Administration and the Finance Department. This ensures that those affected can review and understand grant requirements, including Budget, Procurement, and auditors. A. Submit grant requirements to Finance before application submittal. B. Submit copies of all award documents, applications, and funding agreements to Procurement and Finance before bidding. C. If a federal grant, comply with all federal procurement standards in 2 CFR § 200.318 including to those listed below. 1. The City (Non-Federal entity) must use its own documented procurement procedures, which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. 2. Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 3. Conflict of Interest: No employee, officer, or agent may participate in selecting, awarding, or administering a contract supported by a Federal award if they have an actual, apparent conflict of interest. A conflict of interest arises when the employee, officer, agent, or any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated has a financial or other interest or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 34 City of Sanger 137 Item 10. Section 9: MISCELLANEOUS GUIDELINES 9.1 BID PROTESTS All protests regarding the bid solicitation process must be submitted in writing to the Chief Financial Officer within five (5) working days following the opening of bids. This includes all protests relating to advertising, deadlines, bid opening, and other related procedures under the Texas Local Government Code and protests relating to alleged improprieties or ambiguities in the specifications. 9.2 DEBRIEFING Debriefings and requests for information shall be in accordance with Texas Government Code, §552 Texas Public Information Act. Discussion of competing proposals is prohibited. 9.3 NEW VENDORS All new vendors are required to submit a completed vendor packet. 9.4 DISCRIMINATION It is the policy of the City of Sanger to afford all suppliers an equal opportunity to bid on any contract. This policy prohibits discrimination against any person because of race, color, sex, religious affiliation, age, disability, or national origin, in the award or performance of any contract. The policy requires its officers, employees, agents, and sub-contractors to adhere to this policy. 9.5 PLACING ORDERS Funds must be available and in the proper account before submission of requisition and before use of a purchasing card. 9.6 QUOTES - FREIGHT CHARGES AND FEES Include freight costs and fees in the total price when obtaining quotes. Freight and fees must be considered in determining the award. All freight should be requested as FOB Destination (delivery address) freight pre-paid and allowed. 9.7 PURCHASING ORDERS Purchase orders are required before placing the order and sent to the vendor when the order is placed. A purchase order is required for any purchase not made on a City-issued credit card. In extenuating circumstances, a purchase order may not be required. All exceptions will be reviewed and approved by both the Chief Financial Officer and the Chief Financial Officer. Purchasing Policy & Procedures Manual 35 138 Item 10. 9.8 INVOICES All invoices must be submitted to Accounts Payable within five days of receipt and include the following information A. Receiving information (received in full / received partial) B. Signature of department representative C. PO Number The authorized purchaser is responsible for verifying that all materials/services are received in working order and meet specifications. Once materials/services are received and verified as correct, indicate receipt of materials on the invoice by noting “received in full” or “received partial” for each line item on the Purchase Order. A. Notify the vendor immediately if the quantity received does not agree with the vendor’s packing slip or the material does not conform to specification. 9.9 REVOLVING CREDIT ACCOUNTS Credit accounts are available for the end user’s use; however, they may only be opened or closed by Finance. 9.10 SALES TAX EXEMPTION The City is exempt from sales, excise, and use taxes under Texas Tax Code, § 151.309. End users are responsible for ensuring tax is not paid. The City is NOT exempt from sales tax for food, lodging, or transportation-related purchases during travel. 9.11 TIE BIDS If all factors and conditions relating to the bids are equal, the tie bid will be awarded to the local vendor. 9.12 VENDOR PERFORMANCE The City does not have centralized receiving. Departments are responsible for receiving of goods and services. Departments must document in writing items such as shortages, la te delivery, or damaged merchandise. 36 City of Sanger 139 Item 10. 9.13 NON-PERFORMING VENDORS When a vendor fails to perform according to the Agreement (Purchase Order, Annual Agreement, Contract, and/or Specification), the Department Director or designee will: A. Document the issues in writing to the vendor and to Purchasing. B. Schedule a meeting to discuss the issues. C. Document the resolution to the issue, as agreed upon by the department and the vendor. Documentation shall be in writing, signed by the department and the vendor. If a vendor’s performance remains non-compliant or otherwise unsatisfactory, the Department Director in conjunction with the City Manager will make a joint determination to cancel the contract in accordance with the terms and conditions of the agreement. 9.14 Prompt Payment Act Department shall ensure Purchase Orders, invoices, and the appropriate documentation is submitted to Finance within five (5) days, Invoices are to be paid no later than net 30 days. Texas Government Code Chapter 2251 stipulates that all local governments shall pay for goods and services within thirty (30) days of the delivery or invoice date or interest is automatically imposed. Purchasing Policy & Procedures Manual 37 140 Item 10. CITY COUNCIL COMMUNICATION DATE: October 16, 023 FROM: Alina Ciocan, Assistant City Manager AGENDA ITEM: Consideration and Possible Action on Ordinance 10-29-23 delegating purchasing authority to the City Manager in accordance with the City Charter and the City’s Purchasing and Procedures Manual. SUMMARY:  The intent of this Ordinance is to outline the City Manager’s purchasing authority. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION:  Staff recommends approval. ATTACHMENTS:  Ordinance 10-29-23 141 Item 11. Ordinance – Delegation on Purchasing Authority Page 1 of 2 CITY OF SANGER, TEXAS ORDINANCE 10-29-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, DELEGATING PURCHASING AUTHORITY TO THE CITY MANAGER IN ACCORDANCE WITH THE CITY CHARTER AND THE CITY’S PURCHASING POLICY AND PROCEDURES MANUAL; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Sanger (the “City”) is a home rule municipality regulated by state law and Charter; and WHEREAS, On October 16, 2023, the City Council approved Resolution No. 2023-15 to adopt a Purchasing Policy and Procedures Manual; WHEREAS, the City Council intends to authorize the City Manager to contract for goods, services, and projects as previously approved by Ordinance No. 08-19-23 and further outlined in the City’s Purchasing Policy and Procedures Manual adopted on October 16, 2023; and WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the citizens of Sanger. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the City Manager is authorized to sign contracts under $50,000 for services and projects authorized in the budget as well as contracts of any amount when authorized by the City Council. SECTION 2. That the City Council delegates to the City Manager further purchasing authority as outlined in the City’s Purchasing Policy and Procedures Manual adopted by City Council on October 16, 2023. SECTION 2. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. 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 142 Item 11. Ordinance – Delegation on Purchasing Authority Page 2 of 2 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. That this Ordinance shall be cumulative of all other City Ordinances and all other provisions of other Ordinances adopted by the City which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. 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 case provides. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this 16th day of October 2023. APPROVED: ________________________________ ATTEST: Thomas E. Muir, Mayor ________________________________ APPROVED TO FORM: Kelly Edwards, City Secretary ________________________________ Hugh Coleman, City Attorney 143 Item 11. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Ramie Hammonds AGENDA ITEM: Conduct a public hearing on a request for a variance from Chapter 3 Building Regulations – Article 3.1407.b.2.A, to allow a variance from the maximum 150 square feet of sign per and allow for a maximum of 225 square feet per side. The proposed sign will be located at 1405 N Stemmons. SUMMARY:  The City’s current ordinance does not allow pole signs along I-35 with a size greater than 150 square feet per side.  The applicant is requesting a pole sign size of 225 square feet per side.  The sign would be for the new Glen Polk Auto Complex that will be located at 1405 N Stemmons Frwy.  The raising and widening of I-35 will make it more difficult to see the business.  Staff mailed out 10 public hearing notices to owners of properties within 200 feet of the subject property and received one response opposed. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: N/A ATTACHMENTS: Location Map 144 Item 12. 563634 563634 60301 216794 112945 60296 970264 960020 114830 113124 84585 563636 113125 1022757 203993 74854122791122797111370122794 1009872 Denton CAD Web Map Parcels Roads 9/14/2023, 2:17:34 PM 0 0.06 0.120.03 mi 0 0.1 0.20.05 km 1:4,514 Denton County Appraisal District, Harris Govern -- www.harrisgovern.com This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 145 Item 12. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Ramie Hammonds AGENDA ITEM: Consideration and possible action on a request for a variance from Chapter 3 Building Regulations – Article 3.1407.b.2.A, to allow a variance from the maximum 150 square feet of sign per and allow for a maximum of 225 square feet per side. The proposed sign will be located at 1405 N Stemmons. SUMMARY:  The City’s current ordinance does not allow pole signs along I-35 with a size greater than 150 square feet per side.  The applicant is requesting a pole sign size of 225 square feet per side.  The sign would be for the new Glen Polk Auto Complex that will be located at 1405 N Stemmons Frwy.  The raising and widening of I-35 will make it more difficult to see the business.  Staff mailed out 10 public hearing notices to owners of properties within 200 feet of the subject property and received one response opposed. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map Application Letter of Intent Site Plan Sign Diagram Response Form – Opposed 146 Item 13. 563634 563634 60301 216794 112945 60296 970264 960020 114830 113124 84585 563636 113125 1022757 203993 74854122791122797111370122794 1009872 Denton CAD Web Map Parcels Roads 9/14/2023, 2:17:34 PM 0 0.06 0.120.03 mi 0 0.1 0.20.05 km 1:4,514 Denton County Appraisal District, Harris Govern -- www.harrisgovern.com This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 147 Item 13. 148 Item 13. 149 Item 13. 150 Item 13. 151 Item 13. 152 Item 13. CITY COUNCIL COMMUNICATION DATE: October 2, 2023 FROM: Ramie Hammonds, Development Services Director AGENDA ITEM: Consideration and possible action on a Preliminary Plat of lots 1-12 Block A, Lots 1-7 Block B, Block C, and Open space lot 5x, 8x, 13x of Lakeside Estates Addition, being 68.028 acres, located in the City of Sanger’s ETJ, and generally located on the north side of McReynolds Road approximately 120 feet north east of the intersection of McReynolds Road and FM 455. SUMMARY:  The applicant is proposing to create 23 single-family lots and 3 open-space lots.  The lots will range in size from 2.0 acres to 3.08 acres.  The properties will be served with on-site septic and a well for water.  There is one existing house currently located on the site.  The property is located in the City of Sanger ETJ.  Planning & Zoning did not have a quorum, so no recommendation was made. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map Preliminary Plat Application Letter of Intent 153 Item 14. 750730 750735 750729 167619 132517 746928 746922 746926 746924 0 59267 562094 528565 528567 59228 266029 216872 59245 530283 528568 528569 268911 698572 528571 528566 285221 59228 59206 Denton CAD Web Map Parcels Roads 7/6/2023, 11:42:59 AM 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,028 Denton County Appraisal District, Harris Govern -- www.harrisgovern.com This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 154 Item 14. City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) www.sangertexas.org Effective Date: 02/11/2020 201 Bolivar Street/PO Box 1729 * Sanger, TX 76266 940-458-2059(office) www.sangertexas.org SUBDIVISION APPLICATION Preliminary Plat Minor Plat Final Plat/Replat Amended Plat Vacating Plat Conveyance Plat Applicant Owner (if different from applicant) Name: Name: Company: Company: Address: Address City, State, Zip: City, State, Zip: Phone Phone: Fax: Fax: Email: Email: Submittal Checklist Pre-Application Conference (Date: / / ) One (1) Paper Copy of Plat (24”x36”, 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 development@sangertexas.org Supporting Materials (List if provided): R Number(s): Owner’s Signature Date Applicant’s Signature Date Office Use: Reviewed by Director of Development Services / / X Jeremy B. Nelson, PE Kirkman Engineering, LLC 5200 State Highway 121 Colleyville, TX 76034 817-488-4960 N/A jeremy.nelson@trustke.com Ramesh Raavi 312-206-8673 ramesh@sr3systems.com N/A Austin Lands, LLC 803 W. Southlake Blvd. Suite 100 Southlake, TX 76092 04 03 2023 5/30/2023 X X X X X X X X 06/05/2023 155 Item 14. 700 7 1 0 720 7306507 1 5 725 64 5 6 5 0 675 6 8 0 70 0 71 0 6 7 5 660 6 7 5 640 70 0 71 0 7 2 0 725 7 0 5 6 9 5 6 8 5 6 7 5 6 6 5 6 5 5 710 70 0 6 9 0 680 6 7 0 6 6 0 6 5 06506556 6 06656 7 0 6 7 5 6 8 5 695 7 0 5 715 710 700 690 68067067 0 685 680 6 7 5 670665 660 67 5 670 67 0 675 680 6 8 5 690 695 66 5 665 660 660 67 0 660 655 650 645 6 4 0 64 5 64 0 7 2 5 72 5 7 3 0 725 730 7 2 5 7 3 0 64 5 640 6 4 0 6 4 064564 5 650 655 65 5 65 5 6 6 0 66 5 6 7 0 6 6 56606 9 0 6 8 0 6 7 0 6 6 0 6 5 0 64 5 7 2 4 724 695 6 6 5 7 1 5 715 69 0 68 0 670 66 0 65 0 71 5 7 1 0 7 0 0 6 3 5 6 4 0 LOT 4, BLOCK A SADAU ADDITION CAB. X, SLIDE 959 P.R.D.C.T. EX O H E EX O H E EX O H E EX O H E EX O H E PP PP CO CO CO CO COCO CO A A A AA EX OHE EX OHEPP PP F . M . 4 5 5 ( N O R O W D O C U M E N T A T I O N F O U N D ) BLOCK C BLOCK B BLOCK A LOT 2 2.03 AC 88245.7 SF FFE = 648.00 LOT 3 2.28 AC 99212.3 SF FFE = 648.00 LOT 4 2.01 AC 87650.8 SF FFE = 648.00 LOT 5 2.02 AC 87846.1 SF FFE = 648.00 LOT 1 2.00 AC 87279.4 SF FFE = 648.00 LOT 6 2.64 AC 114929.8 SF FFE = 648.00 LOT 7 3.08 AC 133954.3 SF LOT 10 2.00 AC 87138.7 SF LOT 11 2.10 AC 91693.0 SF LOT 12 2.06 AC 89597.4 SF LOT 9 2.00 AC 87138.6 SF LOT 4 2.00 AC 87291.8 SF LOT 7 2.00 AC 87127.6 SF LOT 6 2.00 AC 87162.8 SF LOT 1 2.01 AC 87695.6 SF LOT 4 2.01 AC 87573.7 SF LOT 1 2.05 AC 89209.8 SF LOT 3 2.14 AC 93435.9 SF LOT 2 2.04 AC 88974.3 SF LOT 13X 0.93 AC 40412.6 SF LOT 8X 2.88 AC 125508.7 SF LOT 5X 2.11 AC 91992.0 SF LAKESIDE ESTATES 68.03 AC. "TRACT 1" ROGER HENNEN & WIFE, CONNIE HENNEN DOC.# 2008-11301 O.P.R.D.C.T. CAUBLE ENTERPRISES VOL. 694, PG. 577 D.R.D.C.T. DHALIWAL PARTNERS, LTD. DOC.# 2009-95156 O.P.R.D.C.T. DHALIWAL PARTNERS, LTD. DOC.# 2009-95156 O.P.R.D.C.T. UNITED STATES OF AMERICA LAKE RAY ROBERTS U.S.A. FEE TRACT 147 VOL. 5, PG. 727, U.S. COURT MINUTES AS SHOWN ON CAB. X, SLIDE 959, P.R.D.C.T. LOT 1R, BLOCK A SADAU ADDITION DOC.# 2013-10 P.R.D.C.T. LOT 2R, BLOCK A SADAU ADDITION DOC.# 2010-82 P.R.D.C.T. LOT 3R, BLOCK A SADAU ADDITION DOC.# 2010-82 P.R.D.C.T. LOT 5, BLOCK A SADAU ADDITION CAB. X, SLIDE 959 P.R.D.C.T. LOT 6, BLOCK A SADAU ADDITION CAB. X, SLIDE 959 P.R.D.C.T. LOT 7, BLOCK A SADAU ADDITION CAB. X, SLIDE 959 P.R.D.C.T. LOT 8, BLOCK A SADAU ADDITION CAB. X, SLIDE 959 P.R.D.C.T. LOT 9, BLOCK A SADAU ADDITION CAB. X, SLIDE 959 P.R.D.C.T. SBRC PROPERTIES, LLC DOC.# 2014-91283 O.P.R.D.C.T. NICHOLAS DEMORE & CATHARINE DEMORE DOC.# 2016-161119 O.P.R.D.C.T. LOT 1, BLOCK A SBRC ADDITION DOC.# 2019-72, P.R.D.C.T. LOT 2R, BLOCK A O'DELL ADDITION DOC.# 2019-71, P.R.D.C.T. "TRACT 2" ROGER HENNEN & WIFE, CONNIE HENNEN DOC.# 2008-11301 O.P.R.D.C.T. CHINKO PLANTATIONS, LLC DOC.# 2020-10250 O.P.R.D.C.T. 20' ELECTRIC EASEMENT (CAB. X,SLIDE 959, P.R.D.C.T.) 20' PUBLIC UTILITY EASEMENT (CAB. X,SLIDE 959, P.R.D.C.T.) CONC. MONUMENT U.S.A. 5" WOOD POST BEARS N65°E 1.29' 1/2" REBAR "METROPLEX" 7" WOOD POST BEARS N47°W 0.54' 1/2" REBAR "H&N" 1/2" REBAR (ILLEGIBLE) 100D NAIL IN 4" WOOD POST BEARS S03°E 0.86' PK NAIL PK NAIL PK NAIL PK NAIL 1/2" REBAR (ILLEGIBLE) 1/2" REBAR WOOD POST BEARS N49°E 1.01' 5" WOOD POST BEARS S06°W 0.81'3" METAL POST BEARS S31°E 0.59' 3" METAL POST BEARS S64°W 1.11' 3" METAL POST 1/2" REBAR (ILLEGIBLE) 1/2" REBAR (ILLEGIBLE) 1/2" REBAR (ILLEGIBLE) 1/2" REBAR1/2" REBAR (ILLEGIBLE) 11" HACKBERRY FENCE CORNER BEARS S25°W 0.70' T POST BEARS N26°W 3.70' 3" METAL POST BEARS S01°W 1.50' POINT OF BEGINNING N: 7179568.7741 E: 2394056.6325 (NAD 83') 20 ' D . U . E . 20' D.U.E. 20' D.U.E. 20' D.U.E. 20 ' D . U . E . 50 ' B U I L D L I N E ME G A V I E W D R I V E SUNRISE DRIVE HILLSIDE DRIVE 60.0' 30.0' 60.0' 30.0' 30 . 0 ' 60 . 0 ' 30 . 0 ' 6 0 . 0 ' EXISTING FOUR (4) 24" STORM DRAIN CULVERTS EXISTING FOUR (4) 24" STORM DRAIN CULVERTS EXISTING 12" STORM DRAIN CULVERT 28.0' 28 . 0 ' 28.0' 2 8 . 0 ' ELEC ELEC ELEC PTPT ELEC METER ELEC ELEC FO TELE TELE ELEC ELEC ICVICVICV ICV ICV ICV ICV ICV ICV ICV WM ICV ICV ICVICV ICVICV GM GV TELE ELEC BOX ELEC BOX APPROXIMATE AREA WITHIN THE 100 YEAR FLOOD PLAIN FEDERAL INSURANCE ADMINISTRATION RATE MAP FOR DENTON COUNTY, TEXAS AND INCORPORATED AREAS, MAP NO. 481210230G, EFFECTIVE DATE APRIL 18, 2011. ZONE "AE" 10.0' UTILITY ESMT 10.0' UTILITY ESMT 20 . 0 ' UT I L I T Y E S M T 20.0' UTILITY E S M T 10.0' UTILITY E S M T 10.0 ' UTIL I T Y E S M T 20.0' UTILITY ESMT 14.0' 14.0' 14 . 0 ' PROP. CLUSTER MAILBOX LOCATION N88°53'46"E 1104.96'N88°56'51"E 706.65'N88°20'48"E 650.68'S11°58'16"E 167.26' S61°06'38"E 201.89' S 3 2 ° 2 4 ' 3 3 " E 6 9 6 . 7 1 ' S1 2 ° 2 3 ' 0 6 " W 28 3 . 0 5 ' N1 ° 1 7 ' 5 2 " W 55 7 . 9 0 ' N89°48'23"W 547.06' S88°52'40"W 91.01' S72°31'56"W 228.19' N13°45'44"W 98.90' N88°41'53"E 666.82' S1°17'52"E 1019.71' S88°45'17"W 508.83' ROW DEDICATION (351516.62 SF, 8.07 AC.) ROW D E D I C A T I O N (35 1 5 1 6 . 6 2 S F , 8 . 0 7 A C . ) RO W D E D I C A T I O N (3 5 1 5 1 6 . 6 2 S F , 8 . 0 7 A C . ) 30' FRONT SETBACK 30' FRONT SETBACK 30 ' F R O N T S E T B A C K 3 0 ' F R O N T S E T B A C K 15' SIDE SETBACK 15 ' S I D E S E T B A C K MCREYNOLDS ROAD (VARIABLE WIDTH ROW AS SHOWN ON CAB. X, SLIDE 959, P.R.D.C.T.) LOT 2 2.16 AC 93949.7 SFLOT 3 2.00 AC 87157.1 SF LOT 5 2.00 AC 87221.0 SF 30' REAR SETBACK 3 0 ' R E A R S E T B A C K 15' SIDE SETBACK 15' SIDE SETBACK 30 ' R E A R S E T B A C K 14.0 ' 28.0' 14.0' N: 7182222.2378 E: 2393786.9195 (NAD 83') 100-YEAR FLOODPLAIN LIMITS FIRE ACCESS ROAD EASEMENT FIRE ACCESS ROAD EASEMENT 20' SIDE SETBACK 30' REAR SETBACK 30' REAR SETBACK LOT 8 7.40 AC 322425.7 SF 20' D.U.E. 28.0' 14.0' ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY TO BE ABANDONED BY PLAT ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY, DOC. #2010-2661, O.P.R.D.C.T. ICV ICV ICVICVICV S88°41'03"W 579.63' S88°08'48"W 742.21' S88°08'48"W 743.08' 60.0' 60.0' 305.75 N0 1 ° 0 6 ' 1 4 " W 28 5 . 0 0 290.52 15.23 S0 1 ° 0 6 ' 1 4 " E 28 4 . 9 9 305.75 N0 1 ° 0 6 ' 1 4 " W 28 5 . 0 0 305.75 C3 N 2 3 ° 0 5 ' 1 7 " W 3 0 2 . 9 9 379.66 10.27222.23 C4 211.50 N0 0 ° 3 7 ' 3 7 " W 45 6 . 9 4 129.03 C2 C1 10 1 . 5 4 99.72 690.19 15.30 1 2 0 . 9 9 5 8 . 7 9 8 1 . 4 4 22 6 . 4 4 23 . 9 7 26.24 S88°53'46"W 411.29 13.90 72 . 2 1 C 5 33.53 1.23 229.41 4 0 5 . 6 2 C9 108 . 3 1 C8 C10 421.27 9 9 . 6 9 383 . 2 2 C 1 1 6 7 . 5 7 20 1 . 8 9 1 0 3 . 6 1 405.21 6 1 . 6 8 1 1 0 . 8 1 2 8 0 . 0 6 423.56C 1 4 C 1 5 2 5 8 . 2 0 547.30 13 0 . 7 4 15 7 . 0 0 5 4 . 8 3 11 3 . 2 7 548.98 16 5 . 0 0 16 9 . 7 8 32 2 . 3 0 S88°41'03"W 289.75 29 0 . 6 4 32 . 0 0 289.75 13 0 . 7 3 31 5 . 4 8 54.9 7 C12 S41°49'23"E 172.49 C 3 1 53.3 5 0.09 324.14 1 1 1 . 5 9 C20 88 . 8 4 14. 1 4 87.08 C7 1 6 6 . 5 1 S88°41'03"W 290.49 89 . 4 2 C21 S88°08'48"W 408.72N0 1 ° 0 6 ' 1 4 " W 15 6 . 5 6 C16 27.19 N88°53'46"E 328.90 C 2 2 N01°06'14"W 275.95 14. 3 9 N88°53'46"E 277.45 1 4 . 1 4 88 . 8 4 C 2 3 N0 1 ° 1 7 ' 5 2 " W 28 5 . 4 9 N88°36'47"E 312.59 C18 C 1 9 S88°08'48"W 333.49 N0 1 ° 1 7 ' 5 2 " W 26 5 . 7 4 N88°36'47"E 329.04 S01°06'14"E 255.94 C17 24 2 . 0 2 N88°53'46"E 245.33 C 6 12 6 . 5 8 6. 6 7 36.83 24 6 . 6 9 N88°53'46"E 356.70 S88°08'48"W 356.73 24 2 . 2 2 12.76 N88°53'46"E 341.68 S88°08'48"W 349.51 N0 1 ° 1 4 ' 5 4 " W 1 5 2 9 . 5 2 ' S0 1 ° 1 4 ' 4 3 " E 1 5 2 9 . 7 2 ' S0 1 ° 1 3 ' 4 3 " E 5 0 8 . 7 5 ' N0 1 ° 1 7 ' 5 2 " W 1 5 2 8 . 4 5 ' S0 1 ° 2 3 ' 1 3 " E 2 0 0 1 . 6 7 ' N0 1 ° 2 3 ' 1 3 " W 2 1 5 4 . 8 0 ' S88° 15' 42"W 120.00' S46° 33' 46"E 84.59' S88° 08' 46"W 60.00'S88° 40' 15"W 60.05' 1 2 6 . 7 2 90 . 0 1 1 5 1 . 3 8 FIRE ACCESS ROAD EASEMENT 70 . 0 ' 11 7 . 1 ' SURVEYED LOCATIONS OF FENCING ALONG FM455 AND MCREYNOLDS ROAD SURVEYED LOCATIONS OF FENCING ALONG MCREYNOLDS ROAD 20' D.U.E.20' D.U.E. 20' D.U.E. 20 ' D . U . E . 20' D.U.E. 20' D.U.E. 20' D.U.E. 20 ' D . U . E . 20' D.U . E . 20' D.U.E. 20' D.U.E. 20' D.U.E. 20' D . U . E . 2 0 ' D . U . E . 20 ' D . U . E . 20' D.U.E. 20 ' D . U . E . 20' D.U.E.20' D.U.E. 20' D.U.E. 20' D.U.E. 20' D.U.E.20' D.U.E.20' D.U.E.20' D.U.E.20' D.U.E.20' D.U.E. 100' DRAINAGE AND DETENTION POND EASMENT VARIABLE WIDTH DRAINAGE AND DETENTION POND EASEMENT 20 ' D . U . E . VARIABLE WIDTH DRAINAGE EASEMENT VARIABLE WIDTH DRAINAGE EASEMENT SHEET 1 OF 2 FI L E N A M E : PP 1 . 0 P R E L I M I N A R Y P L A T _ S R 3 2 2 0 0 2 . d w g PL O T T E D B Y : Je r e m y N e l s o n FU L L P A T H : K: \ J o b s \ S R 3 2 2 0 0 2 _ S a n g e r 6 8 \ D r a w i n g s \ 0 1 _ P R E L I M I N A R Y P L A T \ 0 3 - P r o d u c t i o n K: \ J o b s \ S R 3 2 2 0 0 2 _ S a n g e r 6 8 \ D r a w i n g s \ 0 1 _ P R E L I M I N A R Y P L A T \ 0 3 - P r o d u c t i o n \ P P 1 . 0 P R E L I M I N A R Y P L A T _ S R 3 2 2 0 0 2 PL O T T E D D A T E : 9/ 2 1 / 2 0 2 3 AUSTIN LANDS, LLC 803 W SOUTHLAKE BLVD, SUITE 100 SOUTHLAKE, TX 76092 312-206-8673 SHEET: RE V : DA T E : DE S C R I P T I O N : LA K E S I D E E S T A T E S TR A C T S 1 & 2 (6 8 . 0 A C . ) C. M A N C H A C A S U R V E Y AB S . N O . 7 9 0 CI T Y O F S A N G E R E T J DE N T O N C O U N T Y , T E X A S KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: SR322002 09/22/2023 E N G I N E E R I N G P R E L I M I N A R Y F O R R E V I E W O N L Y T H E S E D O C UME N T S A R E F O R D E S I G N R E V I E W O N L Y A N D N O T I N T E N D E D F O R T H E PURPOSES OF CONSTRUCTION, B I D D I N G O R P E R M I T . T H E Y W E R E P R E P A R E D B Y , O R UNDE R THE S UP ER VI S IO N OF : P.E.# 138740 JEREMY B. NELSON DATE: 09/22/2023 GRAPHIC SCALE FEET0300150 SCALE: 1" = 150' PRELIMINARY PLAT LAKESIDE ESTATES LOTS 1-12, BLOCK A, LOTS 1-4, BLOCK B, LOTS 1-7, BLOCK C, OPEN SPACE LOTS 5X, 8X, 13X 23 SINGLE FAMILY LOTS AND 3 OPEN SPACE LOTS BEING TRACT OF LAND IN THE C. MANCHACA SURVEY, ABSTRACT NO. 790, IN DENTON COUNTY, TEXAS AUSTIN LANDS, LLC OFFICIAL PUBLIC RECORDS DENTON COUNTY, TEXAS AN ADDITION TO DENTON COUNTY, TEXAS BEING 68.028 ACRES GROSS 68.028 ACRES NET 59.958 ACRES ROW DEDICATION 8.070 ACRES DATE OF PREPARATION: 09/22/2023 LEGEND DRAINAGE & UTILITY EASEMENT BUILDING SETBACK LINE EASEMENT LINE PROPOSED FIRE HYDRANT EXISTING CONTOUR EXISTING MAJOR CONTOUR PROPERTY BOUNDARY PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY: The following certificates shall be placed on the preliminary plat by the subdivider: Approved for Preparation of Final Plat __________________________ ______________________ City of Sanger, TX Date Planning & Zoning Commission ENGINEER: KIRKMAN ENGINEERING JEREMY NELSON 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 817.488.4960 JEREMY.NELSON@TRUSTKE.COM SURVEYOR: BARTON CHAPA SURVEYING, LLC JOHN H. BARTON, III, RPLS #6737 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 817.864.1957 JACK@BCSDFW.COM PRELIMINARY PLAT VICINITY MAP N.T.S. LAKE RAY ROBERTS McREYNOLDS ROAD F. M . 45 5 E F.M.2153 F . M . 2 1 6 4 McREYNOLDS ROAD F . M . 4 5 5 E PROJECT SITE OWNER/DEVELOPER: AUSTIN LANDS, LLC 803 W SOUTHLAKE BLVD, SUITE 100 SOUTHLAKE, TX 76092 RAMESH RAAVI 312.206.8673 RAMESH@SR3SYSTEMS.COM D.U.E. FH 500 PRELIMINARY PLAT GENERAL NOTES: 1.SANITARY SEWER TO BE HANDLED BY FACILITIES APPROVED BY THE DENTON COUNTY PUBLIC HEALTH DEPARTMENT. 2.ALL UTILITY PROVIDERS' NAMES, ADDRESSES AND PHONE NUMBERS OR WILL SERVE LETTERS. 3.ALL SURFACE DRAINAGE EASEMENTS SHALL BE KEPT CLEAR OF FENCES, BUILDINGS, FOUNDATIONS, PLANTINGS, AND OTHER OBSTRUCTIONS TO THE OPERATION AND MAINTENANCE OF THE DRAINAGE FACILITY. 4.NO CONSTRUCTION, WITHOUT WRITTEN APPROVAL FROM DENTON COUNTY SHALL BE ALLOWED WITHIN AN IDENTIFIED "FIRM" FLOODPLAIN AREA, AND THEN ONLY AFTER A DETAILED FLOODPLAIN DEVELOPMENT PERMIT INCLUDING ENGINEERING PLANS AND STUDIES SHOWING THE DEVELOPMENT WILL NOT INCREASE THE BASE FLOOD ELEVATION (BFE) MORE THAN ONE FOOT IN THE FLOODPLAIN OR IN THE FLOODWAY NO RISE IN THE BASE FLOOD ELEVATION (BFE) WILL RESULT; THAT NO FLOODING WILL RESULT, THAT NO OBSTRUCTION TO THE NATURAL FLOW OF WATER WILL RESULT; AND SUBJECT TO ALL OWNERS OF THE PROPERTY AFFECTED BY SUCH CONSTRUCTION BECOMING A PARTY TO THE REQUEST. WHERE CONSTRUCTION IS PERMITTED, ALL FINISH FLOOR ELEVATIONS SHALL BE A MINIMUM OF TWO-FOOT ABOVE THE 100-YEAR FLOOD ELEVATION. 5.BLOCKING THE FLOW OF WATER OR CONSTRUCTION IMPROVEMENTS IN SURFACE DRAINAGE EASEMENTS, AND FILLING OR OBSTRUCTING THE FLOODWAY IS PROHIBITED. 6.DENTON COUNTY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, PERSONAL INJURY OR LOSS OF LIFE OR PROPERTY OCCASIONED BY FLOODING OR FLOODING CONDITIONS. 7.THE EXISTING CREEKS OR DRAINAGE CHANNELS TRAVERSING ALONG OR ACROSS THE ADDITION WILL REMAIN AS OPEN CHANNELS AND WILL BE MAINTAINED BY THE INDIVIDUAL PROPERTY OWNERS OF THE LOT OR LOTS THAT ARE TRAVERSED BY OR ADJACENT TO THE DRAINAGE COURSES ALONG OR ACROSS THE LOTS. 8.DENTON COUNTY SHALL NOT BE RESPONSIBLE FOR MAINTENANCE OF PRIVATE STREETS, DRIVES, EMERGENCY ACCESS EASEMENTS, RECREATION AREAS AND OPEN SPACES; AND THE OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF PRIVATE STREETS, DRIVES, EMERGENCY ACCESS EASEMENTS, RECREATION AREAS AND OPEN SPACES, AND SAID OWNERS AGREE TO INDEMNIFY AND HOLD HARMLESS DENTON COUNTY, FROM ALL CLAIMS, DAMAGES AND LOSSES ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE OBLIGATIONS OF SAID OWNERS SET FORTH IN THIS PARAGRAPH. 9.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD '83), DISTANCES ARE SURFACE WITH A COMBINED SCALE FACTOR OF 1.00015063. LAKE RAY ROBERTS PLANNING AND ZONING REQUIREMENTS: THESE PROPERTIES ARE LOCATED WITHIN THE LAKE RAY ROBERTS LAND USE ORDINANCE JURISDICTION AND ARE SUBJECT TO THE ORDINANCE. THIS PROPERTY IS ZONED R-2. 1.MINIMUM LOT AREA - 2 ACRES 2.MINIMUM LOT WIDTH - 125 FEET 3.MINIMUM LOT DEPTH - 100 FEET 4.MINIMUM FRONT YARD - 30 FEET 5.MINIMUM SIDE YARD - 15 FEET (MINIMUM SIDE YARD AT CORNER - 20 FEET) 6.MINIMUM REAR YARD - 30 FEET 7.MAXIMUM HEIGHT - 35 FEET 8.MAXIMUM COVERAGE - 20 PERCENT 156 Item 14. BLOCK TABLE LOT 1 2 3 4 5 6 7 8 9 10 11 12 13X BLOCK BLOCK A BLOCK A BLOCK A BLOCK A BLOCK A BLOCK A BLOCK A BLOCK A BLOCK A BLOCK A BLOCK A BLOCK A BLOCK A AREA (sf) 87279.40 88245.74 99212.26 87650.76 87846.06 114929.82 133954.27 322425.75 87138.65 87138.75 91693.01 89597.44 40412.58 AREA (ac.) 2.00 2.03 2.28 2.01 2.02 2.64 3.08 7.40 2.00 2.00 2.10 2.06 0.93 BLOCK TABLE LOT 1 2 3 4 5X BLOCK BLOCK B BLOCK B BLOCK B BLOCK B BLOCK B AREA (sf) 89209.84 88974.26 93435.92 87573.69 91992.04 AREA (ac.) 2.05 2.04 2.14 2.01 2.11 BLOCK TABLE LOT ROW DEDICATION BLOCK ROW DEDICATION AREA (sf) 351551.07 AREA (ac.) 8.07 BLOCK TABLE LOT 1 2 3 4 5 6 7 8X BLOCK BLOCK C BLOCK C BLOCK C BLOCK C BLOCK C BLOCK C BLOCK C BLOCK C AREA (sf) 87695.60 93949.65 87157.13 87291.83 87220.99 87162.76 87127.64 125508.74 AREA (ac.) 2.01 2.16 2.00 2.00 2.00 2.00 2.00 2.88 LOT CURVE TABLE CURVE # C1 C2 C3 C4 C5 C8 C9 C10 C11 C14 C15 LENGTH 2.27' 91.68' 32.30' 2.27' 283.30' 184.78' 43.26' 94.85' 73.94' 75.01' 56.00' RADIUS 69.00' 50.00' 50.00' 69.00' 180.00' 260.00' 135.00' 135.00' 135.00' 185.00' 185.00' DELTA 1°52'56" 105°03'37" 37°00'30" 1°52'56" 90°10'37" 40°43'08" 18°21'43" 40°15'27" 31°22'50" 23°13'57" 17°20'32" CHORD BEARING S0°26'45"E S25°15'01"W N83°42'55"W S87°57'18"W N46°11'32"W S68°32'12"W S57°21'29"W S86°40'04"W N57°30'47"W N30°12'24"W N9°55'10"W CHORD DISTANCE 2.27' 79.37' 31.74' 2.27' 254.95' 180.91' 43.08' 92.92' 73.02' 74.50' 55.78' ROAD CURVE TABLE CURVE #LENGTH RADIUS DELTA CHORD BEARING CHORD DISTANCE ROAD LINE DATA LINE NUMBER LINE BEARING LINE LENGTH SHEET 2 OF 2 FI L E N A M E : PP 1 . 0 P R E L I M I N A R Y P L A T _ S R 3 2 2 0 0 2 . d w g PL O T T E D B Y : Je r e m y N e l s o n FU L L P A T H : K: \ J o b s \ S R 3 2 2 0 0 2 _ S a n g e r 6 8 \ D r a w i n g s \ 0 1 _ P R E L I M I N A R Y P L A T \ 0 3 - P r o d u c t i o n K: \ J o b s \ S R 3 2 2 0 0 2 _ S a n g e r 6 8 \ D r a w i n g s \ 0 1 _ P R E L I M I N A R Y P L A T \ 0 3 - P r o d u c t i o n \ P P 1 . 0 P R E L I M I N A R Y P L A T _ S R 3 2 2 0 0 2 PL O T T E D D A T E : 9/ 2 1 / 2 0 2 3 AUSTIN LANDS, LLC 803 W SOUTHLAKE BLVD, SUITE 100 SOUTHLAKE, TX 76092 312-206-8673 SHEET: RE V : DA T E : DE S C R I P T I O N : LA K E S I D E E S T A T E S TR A C T S 1 & 2 (6 8 . 0 A C . ) C. M A N C H A C A S U R V E Y AB S . N O . 7 9 0 CI T Y O F S A N G E R E T J DE N T O N C O U N T Y , T E X A S KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: SR322002 09/22/2023 E N G I N E E R I N G P R E L I M I N A R Y F O R R E V I E W O N L Y T H E S E D O C UME N T S A R E F O R D E S I G N R E V I E W O N L Y A N D N O T I N T E N D E D F O R T H E PURPOSES OF CONSTRUCTION, B I D D I N G O R P E R M I T . T H E Y W E R E P R E P A R E D B Y , O R UNDE R THE S UP ER VI S IO N OF : P.E.# 138740 JEREMY B. NELSON DATE: 09/22/2023 PRELIMINARY PLAT STATE OF TEXAS ) COUNTY OF ________________) OWNER'S ACKNOWLEDGEMENT AND DEDICATION I (we) the undersigned, owner(s) of the land shown on this plat within the area described by metes and bounds as follows: (Metes and Bounds Description of Boundary) and designated herein as the __________________________ subdivision to the City of Sanger, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, water courses, drains, easements, right-of-way and public places thereon shown for the purpose and consideration therein expressed. ______________________________________ Owner STATE OF TEXAS ) COUNTY OF ________________) BEFORE ME, the undersigned authority, on this day personally appeared ________________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein stated. Given under may hand and seal of office this __________ day of _________. ______________________________________ Notary Public _______________ County, Texas STATE OF TEXAS ) CERTIFICATE OF SURVEYOR OR ENGINEER COUNTY OF ________________) WHO PREPARED PLAT I, the undersigned, a (registered professional engineer/public surveyor) in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground. (Engineer or Surveyor's Seal) ______________________________________ Registered Professional Engineer or Registered Public Surveyor LEGAL DESCRIPTION (68.028 ACRES) BEING a tract of land out of the C. Manchaca Survey, Abstract Number 790, in Denton County, Texas, and being all of “Tract 1” and “Tract 2” of that tract of land described by deed to Ryan G. Williams and Amber N. Williams as recorded under Document Number 2017-151962, Official Public Records, Denton County, Texas, (O.P.R.D.C.T.), the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD 83')): BEGINNING at a 1/2 inch rebar with an illegible cap for the southernmost southwest corner of said “Tract 1” and the herein described tract; THENCE with the perimeter and to the corners of said Tract 1, the following calls: 1.North 01 degrees 23 minutes 13 seconds West, a distance of 2,154.80 feet to a 3 inch metal fence corner post found; 2.North 89 degrees 48 minutes 23 seconds West, a distance of 547.06 feet to a 1/2 inch rebar found; 3.South 88 degrees 52 minutes 40 seconds West, a distance of 91.01 feet to a 1/2 inch rebar with an illegible cap found; 4.South 72 degrees 31 minutes 56 seconds West, a distance of 228.19 feet to a point from which an 11 inch hackberry serving as a corner for a wire fence bears South 25 degrees West, a distance of 0.70 feet; 5.North 13 degrees 45 minutes 44 seconds West, a distance of 98.90 feet to a point from which a T-post fence corner found bears North 26 degrees West, a distance of 3.70 feet; 6.North 88 degrees 41 minutes 53 seconds East, a distance of 666.82 feet to a point from which a 3 inch metal fence corner post found bears South 64 degrees West, a distance of 1.11 feet; 7.North 00 degrees 37 minutes 37 seconds West, a distance of 456.94 feet to a point from which a 3 inch metal fence corner post found bears South 01 degrees West, a distance of 1.50 feet; 8.North 88 degrees 53 minutes 46 seconds East, a distance of 1,104.96 feet; 9.North 88 degrees 56 minutes 51 seconds East, a distance of 706.65 feet to a point for the northeast corner of said “Tract 1”, same being the northwest corner of said “Tract 2”; THENCE with the perimeter and to the corners of said “Tract 2”, the following calls: 1.North 88 degrees 20 minutes 48 seconds East, a distance of 650.68 feet to a United State Army Corp of Engineers concrete monument found; 2.South 11 degrees 58 minutes 16 seconds East, a distance of 167.26 feet to point from which a 5 inch wood post found bears North 65 degrees East, a distance of 1.29 feet; 3.South 61 degrees 06 minutes 38 seconds East, a distance of 201.89 feet to a 1/2 inch rebar with cap stamped, “METROPLEX” found; 4.South 32 degrees 24 minutes 33 seconds East, a distance of 696.71 feet to a point from which a 7 inch wood post found bears North 47 degrees West, a distance of 0.54 feet; 5.South 12 degrees 23 minutes 06 seconds West, a distance of 283.05 feet to a 1/2 inch rebar with cap stamped, “H&N” found; 6.South 88 degrees 45 minutes 17 seconds West, a distance of 508.83 feet to a point from which a nail found in a 4 inch wood post bears South 03 degrees East, a distance of 0.86 feet; 7.South 01 degrees 14 minutes 43 seconds East, a distance of 1,529.72 feet to a “PK” nail found in asphalt; 8.South 88 degrees 40 minutes 15 seconds West, a distance of 60.05 feet to a “PK” nail found in asphalt; 9.North 01 degrees 14 minutes 54 seconds West, a distance of 1,529.52 feet to a 1/2 inch rebar with an illegible cap found; 10.South 88 degrees 41 minutes 03 seconds West, a distance of 579.63 feet to a 1/2 inch rebar with an illegible cap found for the westernmost southwest corner of said “Tract 2”, same being a re-entrant corner of said “Tract 1”; THENCE with the perimeter and to the corners of said “Tract 1”, the following calls: 1.South 01 degrees 13 minutes 43 seconds East, a distance of 508.75 feet to a 1/2 inch rebar found; 2.South 01 degrees 17 minutes 52 seconds East, a distance of 1,019.71 feet to a “PK” nail found in asphalt; 3.South 88 degrees 08 minutes 46 seconds West, a distance of 60.00 feet to a “PK” nail found in asphalt; 4.North 01 degrees 17 minutes 52 seconds West, a distance of 1,528.45 feet to a 1/2 inch rebar found; 5.South 88 degrees 08 minutes 48 seconds West, a distance of 742.21 feet to a point from which a wood post found bears North 49 degrees East, a distance of 1.01 feet; 6.North 01 degrees 17 minutes 52 seconds West, a distance of 557.90 feet to a point from which a 5 inch wood post found bears South 06 degrees West, a distance of 0.81 feet; 7.South 88 degrees 08 minutes 48 seconds West, a distance of 743.08 feet to a point from which a 3 inch metal post found bears South 31 degrees East, a distance of 0.59 feet; 8.South 01 degrees 23 minutes 13 seconds East, a distance of 2,001.67 feet to a 1/2 inch rebar with an illegible cap found; 9.South 46 degrees 33 minutes 46 seconds East, a distance of 84.59 feet to a 1/2 inch rebar with an illegible cap found; 10.South 88 degrees 15 minutes 42 seconds West, a distance of 120.00 feet, returning to the POINT OF BEGINNING and enclosing 68.028 acres (2,963,298 square feet) of land, more or less. PRELIMINARY PLAT LAKESIDE ESTATES LOTS 1-12, BLOCK A, LOTS 1-4, BLOCK B, LOTS 1-7, BLOCK C, OPEN SPACE LOTS 5X, 8X, 13X 23 SINGLE FAMILY LOTS AND 3 OPEN SPACE LOTS BEING TRACT OF LAND IN THE C. MANCHACA SURVEY, ABSTRACT NO. 790, IN DENTON COUNTY, TEXAS AUSTIN LANDS, LLC OFFICIAL PUBLIC RECORDS DENTON COUNTY, TEXAS AN ADDITION TO DENTON COUNTY, TEXAS BEING 68.028 ACRES GROSS 68.028 ACRES NET 59.958 ACRES ROW DEDICATION 8.070 ACRES DATE OF PREPARATION: 09/22/2023 PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY: The following certificates shall be placed on the preliminary plat by the subdivider: Approved for Preparation of Final Plat __________________________ ______________________ City of Sanger, TX Date Planning & Zoning Commission 157 Item 14. KIRKMAN ENGINEERING :: 5200 State Hwy 121 Colleyville, TX 76034 Ph: 817-488-4960 :: TBPE Firm#15874 Page 1 of 1 Kirkman Engineering 5200 State Highway 121 Colleyville, TX 76034 PH 817.488.4960 Ramie Hammonds Director/Building Official City of Sanger Development Services 201 Bolivar Street Sanger, TX 76266 June 5, 2023 RE: Lakeside Estates Preliminary Plat Letter of Intent Dear Mr. Hammonds, Please let this document serve as the letter of intent for the Lakeside Estates preliminary plat submittal. The proposed development is located on a 68.028-acre tract of land near the intersection of F.M. 455 and McReynolds Road and comprises of 23 single family lots along with 3 open space lots. The tract of land is situated in the C. Manchaca Survey, Abstract #790 Denton County, Texas. The subdivider of this development is Austin Lands, LLC located at 803 W Southlake Boulevard, Suite 100, Southlake, Texas 76092. Kirkman Engineering will serve as the designated point of contact for future correspondence. We request that the preliminary plat be reviewed and considered by the appropriate approval body. Thank you, Jeremy Nelson, P.E. Jeremy.nelson@trustke.com (817)488-4960 158 Item 14. CITY COUNCIL COMMUNICATION DATE: October 16, 2023 FROM: Clayton Gray, Chief Financial Officer AGENDA ITEM: Consideration and possible action to select Republic Services for solid waste and recycling services and authorizing the City Manager to negotiate a possible contract with Republic Services. SUMMARY:  On September 5, 2023, the City Council authorized staff to issue a Request for Proposals for Solid Waste and Recycling Services for a five-year period beginning January 1, 2024.  Five proposals were received in response to the RFP.  Staff has evaluated the responses per the criteria established in the RFP. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION:  Staff recommends approval of Republic Services to provide solid waste and recycling services to the City. ATTACHMENTS:  N/A 159 Item 15. 160 Item 16. 161 Item 16.