City Council Regular Meeting

AGENDA CITY OF ALLEN CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 14, 2023 – 7:00 PM BOARDROOM ALLEN ISD PROFESSIONAL LEARNING & AUXILIARY SERVICES BUILDING 610 E. BETHANY DRIVE ALLEN, TEXAS 75002 1. Call to Order and Announce a Quorum is Present. 2. Pledge of Allegiance. 2.1 Posting of the Colors by the VFW Post 2195 Color Guard. 3. Appointment to fill a vacancy on the Allen City Council. 3.1 Appoint Mary Vail-Grube to fill the vacancy in the unexpired term in Place No. 1 on the Allen City Council. 3.2 Administration of the Oath-of-Office and presentation of the Certificate-of-Appointment. 4. Public Recognition. 4.1 Presentation of a Proclamation by the Office of the Mayor. Veterans Day Small Business Saturday Hunger and Homelessness Awareness Week 5. Citizens' Comments. [The City Council invites citizens to speak to the Council on any topic not on the agenda or not already scheduled for Public Hearing. Prior to the meeting, please complete a "Public Meeting Appearance Card" and present it to the City Secretary. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all speakers.] 6. Consent Agenda. [Routine Council business. Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a Councilmember or member of staff.] 6.1 Approve minutes of the October 24, 2023, Regular City Council Meeting. 6.2 Approve minutes of the October 30, 2023, Special Called Joint Workshop of the Allen City Council and Economic Development Corporation. 6.3 Adopt a Resolution casting 111 votes for Ms. Veronica Yost for election to the Board of 1  Directors for the Collin Central Appraisal District. 6.4 Authorize the City Manager to execute an Interlocal Agreement with Denton County Transportation Authority (DCTA) for the provision of Demand Response Transportation Services for the elderly and disabled. 6.5 Authorize the City Manager to execute a First Modification of the Memorandum of Understanding (MOU) with the North Texas Municipal Water District (NTMWD), Cities of Allen, Frisco, McKinney, Plano, and Richardson regarding the Amended and Restated Regional Composting Program Interlocal Agreement. 6.6 Authorize the City Manager to execute an agreement with Insituform Technologies, LLC, for the repair of the Sewer Aerial Crossing on Cottonwood Creek at the corner of Greenville Avenue and Main Street for $350,000. 6.7 Authorize the City Manager to purchase cybersecurity services from Rapid7 through Solid Border for $126,845. 6.8 Authorize the City Manager to execute a First Amendment to the agreement with Christmas Décor by JET for the downtown holiday project, increasing the amount to $250,000. 7. Regular Agenda. 7.1 Conduct the Canvass of the Bond Election and adopt an Ordinance declaring the results of the Bond Election held on November 7, 2023. 7.2 Conduct a Public Hearing and adopt an Ordinance to amend the development and use regulations for Lot 5, Block B, Starcreek Commercial, located in Tract A1 of Planned Development No. 52 with a base zoning of Corridor Commercial. [Starcreek Surgical Center] 7.3 Conduct a Public Hearing and adopt an Ordinance to amend the development and use regulations for Lot 1, Block A, Schumacher Addition, located in Area 1 of Planned Development No. 3, with a base zoning of Light Industrial. [SHB Office] 7.4 Conduct a Public Hearing and adopt a Resolution adopting the 2022-2023 Comprehensive Annual Performance Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program. 7.5 Confirm appointments of members of the Allen City Council as Board Members to fill vacancies on the Allen Economic Development Corporation and Allen Convention and Visitors Bureau Advisory Board as nominated by Mayor Brooks. 8. Other Business. [Council announcements regarding local civic and charitable events, meetings, fundraisers, and awards.] 8.1 Calendar. November 23 and 24 - City Hall Closed for Thanksgiving Holiday December 2 - Holly Jolly Celebration featuring a 5K and Fun Run and Christmas Tree Lighting 2  8.2 Items of Interest. 9. Executive Session (As needed). Legal, Section 551.071. As authorized by Section 551.071(2) of the Texas Government Code, the Workshop Meeting and/or the Regular Agenda may be Convened into Closed Executive Session for the Purpose of Seeking Confidential Legal Advice from the City Attorney on any Agenda Item Listed Herein. (Closed to Public as Provided in the Texas Government Code.) 10. Adjournment. This notice was posted at Allen City Hall, 305 Century Parkway, Allen, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Friday, November 10, 2023, at 5:00 p.m. ________________________________ Shelley B. George, City Secretary Allen ISD Professional Learning & Auxiliary Services Building is wheelchair accessible. Access to the building and special parking is available at the entrance facing Bethany Drive. Requests for sign interpreters or special services must be received forty-eight (48) hours prior to the meeting time by calling the City Secretary at 214.509.4105. 3  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Appoint Mary Vail-Grube to fill the vacancy in the unexpired term in Place No. 1 on the Allen City Council. STAFF RESOURCE: Eric Ellwanger, City Manager PREVIOUS COUNCIL ACTION: October 24, 2023 - Council declared a vacancy in Council Place No. 1 STRATEGIC PLANNING GOAL: Engaged and Connected Allen Community. BACKGROUND On October 16, 2023, Councilmember Daren Meis filed an 'Appointment of a Campaign Treasurer by a Candidate' form with the Texas Ethics Commission announcing he is a candidate for Texas House of Representatives House District 67. Section 7.04(5) of the Allen City Charter reads "Should the mayor, a member of the city council or any appointed member of a council-appointed commission, committee or study group become a candidate for any elective public office other than the office presently held, such candidacy shall constitute an automatic resignation of such office." In accordance with the Charter, the filing of a campaign treasurer appointment by a member of the city council constitutes becoming a candidate and triggers the resign to run provision of the City Charter. Upon his filing on October 16, his resignation was automatic. The Texas Constitution and the Allen City Charter provides for the Council to appoint to fill a vacancy for an unexpired term of 12 months or less rather than having to call a special election. MOTION I make a motion to appoint Mary Vail-Grube to fill the vacancy in the unexpired term in Place No. 1 on the Allen City Council. 4  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Approve minutes of the October 24, 2023, Regular City Council Meeting. STAFF RESOURCE: Shelley B. George, City Secretary STRATEGIC PLANNING GOAL: Engaged and Connected Allen Community. ATTACHMENT(S) Minutes 5  ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 24, 2023 Present: Baine L. Brooks, Mayor Allen City Council: Chris Schulmeister, Mayor Pro Tem Daren Meis Tommy Baril Dave Cornette Dave Shafer Ben Trahan City Staff: Eric Ellwanger, City Manager Eric Strong, Deputy City Manager Tim Dentler, Assistant City Manager Rebecca Vice, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Rocio Gonzalez, Deputy City Secretary Pete Smith, City Attorney Workshop Session 1. Call to Order and Announce a Quorum is Present With a quorum of the Allen City Council present, the Workshop of the Allen City Council was called to order by Mayor Brooks at 6:01 p.m. on Tuesday, October 24, 2023, in the Boardroom of the Allen ISD Professional Learning and Auxiliary Services Building, 610 E. Bethany Drive, Allen, Texas. 2. Discussion Items 2.1 Potential naming of library facilities. 2.2 Board and Committee terms and policies. 2.3 Updates from City Council Liaisons. 2.4 Questions on the Current Agenda. 3. Adjourn to Regular Meeting With no further discussion, Mayor Brooks adjourned the Workshop of the Allen City Council at 6:57 p.m. on Tuesday, October 24, 2023, in the Boardroom of the Allen ISD Professional Learning and Auxiliary Services Building, 610 E. Bethany Drive, Allen, Texas. 6 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 24, 2023 PAGE 4 Regular Meeting 1. Call to Order and Announce a Quorum is Present With a quorum of the Allen City Council present, the Regular Meeting of the Allen City Council was called to order by Mayor Brooks at 7:05 p.m. on Tuesday, October 24, 2023, in the Boardroom of the Allen ISD Professional Learning and Auxiliary Services Building, 610 E. Bethany Drive, Allen, Texas. 2. Pledge of Allegiance Councilmember Shafer led the Pledge of Allegiance. Mayor Brooks asked everyone to join him and the Allen City Council in a moment of silence. 3. Public Recognition 3.1 Presentation of Proclamations by the Office of the Mayor.  Disability Employment Awareness Month  Arbor Day 3.2 Presentation of the Shining Star Award by the Office of the Mayor.  Awarded to two individuals for the selfless act of heroism for their actions in saving the life of another individual by performing CPR. 4. Council Vacancy 4.1 Declare a vacancy in the position of Councilmember Place 1 on the Allen City Council. MOTION: Upon a motion made by Councilmember Cornette and a second by Mayor Pro Tem Schulmeister, the Council voted six (6) for, none (0) opposed and one (1) abstaining with Councilmember Meis abstaining, to declare a vacancy in the position of Councilmember Place No. 1 on the Allen City Council. The motion carried. Councilmember Meis left the dais. Council took a brief recess at 7:28 p.m. and reconvened at 7:31 p.m. 5. Citizens' Comments  Council recognized a Scout from Troop 298 in attendance as a requirement for the Communication Merit Badge.  Cher Kaufmann, 300 Lynge Drive, Allen, Texas, addressed the City Council. 6. Consent Agenda MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Cornette, the Council voted six (6) for and none (0) opposed to approve the Consent Agenda as follows: 6.1 Approve Minutes of the October 10, 2023, City Council Regular Meeting. 7 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 24, 2023 PAGE 5 6.2 Authorize the City Manager to execute an agreement with Grantham and Associates, Inc., for the design of the Chelsea Boulevard Northbound Extension project for $210,075. 6.3 Award bid and authorize the City Manager to execute agreements with Innovative Solution Advisors LLC, dba Stadium People, and Stadium People by Innovative for Guest Services and Security staffing at Credit Union of Texas Event Center and Parks and Recreation Department events as required for $349,020 with options for two, one- year renewals. The motion carried. 7. Regular Agenda 7.1 Conduct a Public Hearing and adopt an Ordinance to amend and restate the development regulations of Specific Use Permit No. 176 for a Medical Clinic relating to the use of a 3,586 square foot portion of a building located on Lot 2, Block A, of Lots 1 & 2, Block A, Stacy Village Addition, commonly known as 940 W. Stacy Road, Suite 110. [GTC Medical] Mayor Brooks opened the public hearing. With no one speaking, Mayor Brooks closed the public hearing. ORDINANCE NO. 4045-10-23: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP AS PREVIOUSLY AMENDED BY AMENDING AND RESTATING THE DEVELOPMENT REGULATIONS OF SPECIFIC USE PERMIT NO. 176 FOR A MEDICAL CLINIC USE SET FORTH IN ORDINANCE NO. 3769-8-20 RELATING TO THE USE AND DEVELOPMENT OF 3,586± SQUARE FOOT PORTION OF A BUILDING LOCATED ON LOT 2, BLOCK A, OF LOTS 1&2, BLOCK A, STACY VILLAGE ADDITION, PRESENTLY ZONED PLANNED DEVELOPMENT NO. 92, SHOPPING CENTER “SC”; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Schulmeister and a second by Councilmember Cornette, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 4045-10- 23, as previously captioned, to amend Specific Use Permit No. 176 for medical clinic use. The motion carried. 7.2 Conduct a Public Hearing and adopt an Ordinance to amend and restate the development regulations of Specific Use Permit No. 179 for a Health and Fitness Center relating to the use of a 27,980 square foot building located on Block D, Lot 1R1, Bray Central One Addition, commonly known as 510 N. Watters Road. [CR Fitness Allen] Mayor Brooks opened the public hearing. With no one speaking, Mayor Brooks closed the public hearing. 8 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 24, 2023 PAGE 6 ORDINANCE NO. 4046-10-23: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP AS PREVIOUSLY AMENDED BY AMENDING AND RESTATING THE DEVELOPMENT REGULATIONS OF SPECIFIC USE PERMIT NO. 179 FOR A FITNESS AND HEALTH CENTER USE SET FORTH IN ORDINANCE NO. 3810-2-21 RELATING TO THE USE AND DEVELOPMENT OF A 27,980± SQUARE FOOT BUILDING LOCATED ON LOT 1R1, BLOCK D, BRAY CENTRAL ONE ADDITION, PRESENTLY ZONED PLANNED DEVELOPMENT NO. 54, CORRIDOR COMMERCIAL “CC”; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Trahan, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 4046-10-23, as previously captioned, to amend Specific Use Permit No. 179 for fitness and health center use. The motion carried. 8. Other Business 8.1 Calendar.  October 23 – November 3 – Early Voting for the City of Allen 2023 Bond Election.  November 7 – Election Day  November 14 – Canvass of the Election, 7 p.m. 8.2 Items of Interest.  Council wished Councilmember Shafer a happy birthday.  Councilmember Shafer shared that Animal Services is hosting an open house on November 11 and Allen Recycles is on November 4.  Councilmember Cornette shared that the Allen Heritage Guild Fall Fest was well attended.  Councilmember Cornette encouraged the public to attend the Allen Americans home opener on October 28.  Councilmember Baril announced the Allen Community Emergency Response Team (CERT) is looking for volunteers to help in training simulations on October 28. Mayor Brooks recessed the Regular Meeting at 7:49 p.m. and announced the Executive Session. 9. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 7:53 p.m. on Tuesday, October 24, 2023, in the Conference Room of the Allen ISD Professional Learning and Auxiliary Services Building, 610 E. Bethany Drive, Allen, Texas, in order to discuss matters pertaining to: 9.1 Personnel Pursuant to Section 551.074 of the Texas Government Code - Personnel  Discuss a vacancy in the position of Councilmember Place 1 on the Allen City Council and discuss appointment to fill such vacancy. 9 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 24, 2023 PAGE 7 The Executive Session adjourned at 8:12 p.m. on Tuesday, October 24, 2023. 9.2 Reconvene and Consider Action on Items Resulting from Executive Session. The Allen City Council reconvened into the Regular Meeting at 8:14 p.m. on Tuesday, October 24, 2023, in the Boardroom of the Allen ISD Professional Learning and Auxiliary Services Building, 610 E. Bethany Drive, Allen, Texas. No action was taken on items discussed during the Executive Session. 10. Adjournment Mayor Brooks adjourned the Regular Meeting of the Allen City Council at 8:14 p.m. on Tuesday, October 24, 2023. These minutes were approved on the 14th day of November 2023. APPROVED: Baine L. Brooks, MAYOR ATTEST: Shelley B. George, TRMC, CITY SECRETARY 10  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Approve minutes of the October 30, 2023, Special Called Joint Workshop of the Allen City Council and Economic Development Corporation. STAFF RESOURCE: Shelley B. George, City Secretary STRATEGIC PLANNING GOAL: Engaged and Connected Allen Community. ATTACHMENT(S) Minutes 11  ALLEN CITY COUNCIL SPECIAL CALLED JOINT WORKSHOP WITH THE ALLEN ECONOMIC DEVELOPMENT CORPORATION OCTOBER 30, 2023 Present: Allen City Council: Allen Economic Development Corporation: Baine Brooks, Mayor Michael Schaeffer, President Chris Schulmeister, Mayor Pro Tem Kristina Holcomb, Vice-President Daren Meis (absent) Emad Siddiqi, Secretary Tommy Baril Brent Berg Dave Cornette Dave Shafer Ben Trahan City Staff: Eric Ellwanger, City Manager Eric Strong, Deputy City Manager Tim Dentler, Assistant City Manager Rebecca Vice, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Public and Media Relations Director Rocio Gonzalez, Deputy City Secretary Dan Bowman, CEO/Executive Director, Economic Development David Ellis, Allen Economic Development Assistant Director Marc Kurbansade, Community Development Director Peter G. Smith, City Attorney 1. Call to Order and Announce a Quorum is Present. With a quorum of the Members present, the Allen City Council Special Called Joint Workshop with the Allen Economic Development Corporation was called to order by Mayor Brooks, in conjunction with President Schaeffer, at 6:00 p.m. on Monday, October 30, 2023, in the Multi-Purpose Room of the Allen Senior Center, 451 St. Mary Drive, Allen, Texas. 2. Review of Strategic Plan Goal #3 Regarding Economic Development. 3. Update on Downtown Development. 4. Update on Commercial Development in East Allen. 5. Items of Interest. 6. Adjournment. Mayor Brooks, in conjunction with President Schaeffer, adjourned the Allen City Council Special Called Joint Workshop with the Allen Economic Development Corporation at 7:03 p.m. on Monday, October 30, 2023. 12 ALLEN CITY COUNCIL JOINT WORKSHOP MEETING OCTOBER 30, 2023 PAGE 2 These minutes approved on the 14th day of November 2023. APPROVED: Baine L. Brooks, MAYOR ATTEST: Shelley B. George, TRMC, CITY SECRETARY 13  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Adopt a Resolution casting 111 votes for Ms. Veronica Yost for election to the Board of Directors for the Collin Central Appraisal District. STAFF RESOURCE: Shelley George, City Secretary PREVIOUS COUNCIL ACTION: September 26, 2023 - Nominated Veronica Yost by Resolution No. 4039-9-23(R) STRATEGIC PLANNING GOAL: Financially Sound and Transparent City Government. BACKGROUND In accordance with the Texas Property Code, Section 6.03, the Appraisal District's five directors are to be appointed by the taxing units that participate in the District. On September 26th, the City Council approved the nomination of Ms. Veronica Yost as a candidate for election to the board of directors. Candidates must be residents of the District for at least two years prior to beginning service on the Board. The City of Allen has 111 votes to cast. The proposed Resolution casts all 111 votes for Ms. Yost. STAFF RECOMMENDATION Staff recommends approval. MOTION I make a motion to adopt Resolution No. ______ casting all 111 votes of the City of Allen for Ms. Veronica Yost for election to the Board of Directors of the Collin Central Appraisal District Board. ATTACHMENT(S) Resolution CCAD Letter 14  RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CASTING THE OFFICIAL BALLOT FOR THE BOARD OF DIRECTORS FOR THE COLLIN CENTRAL APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.03(g) OF THE STATE PROPERTY TAX CODE; DIRECTING THE CITY SECRETARY TO NOTIFY INTERESTED PARTIES OF SAID ACTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 26, 2023, the City Council adopted Resolution No. 4039-9-23(R) nominating Ms. Veronica Yost as a candidate to be a Director of the Collin Central Appraisal District; and, WHEREAS, the City Council is required by the State Property Tax Code to cast votes for the Board of Directors of the Collin Central Appraisal District; and, WHEREAS, said votes must be made in an open meeting and delivered to the Chief Appraiser before December 15, 2023; and, WHEREAS, the City Council desires Veronica Yost to serve on the Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council casts all 111 votes for Veronica Yost to become a member of the Collin Central Appraisal District Board of Directors. SECTION 2. The City Council directs the City Secretary to forward a certified copy of this Resolution to the Collin Central Appraisal District and notify all other appropriate parties of this action. SECTION 3. This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 14TH DAY OF NOVEMBER 2023. APPROVED: Baine L. Brooks, MAYOR ATTEST: Shelley B. George, CITY SECRETARY 15 16 17 18 19  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Authorize the City Manager to execute an Interlocal Agreement with Denton County Transportation Authority (DCTA) for the provision of Demand Response Transportation Services for the elderly and disabled. STAFF RESOURCE: Jason Cooley, Executive Director of Community Development STRATEGIC PLANNING GOAL: Financially Sound and Transparent City Government. BACKGROUND The City of Allen is currently operating under an Interlocal Agreement with Dallas Area Rapid Transit (DART) for demand transportation program. The program serves Collin County residents of Allen who are 65 years of age or older or who have a disability. The City of Allen has provided funding to support the operation of this service since 2016 and has determined that the service is beneficial to Allen citizens. In October 2023, DART notified the City of its intent to discontinue service as of January 31, 2024. Denton County Transit Authority (DCTA) was approached by the North Central Texas Council of Governments (NCTCOG) to continue providing the contracted service for the residents of the City of Allen. DCTA is willing to undertake the service within the terms of this agreement and other agreements with NCTCOG with the understanding of the City's intent to consider future membership in DCTA due to the benefits of public transportation to the residents of the City. The term of this agreement shall begin on February 1, 2024, and terminate at midnight on September 30, 2025. BUDGETARY IMPACT The Allen Community Development Corporation has approved funding of $250,000 annually for Demand Response transportation service for FY2024. STAFF RECOMMENDATION Staff recommends approval. MOTION I make a motion authorizing an Interlocal Agreement with Denton County Transportation Authority for the provision of Demand Response Transportation Services. ATTACHMENT(S) Agreement 20 STATE OF TEXAS § § INTERLOCAL AGREEMENT FOR PUBLIC § TRANSIT SERVICE COUNTY OF DENTON § This Interlocal Agreement for Public Transit Service (the “Agreement”) is made by and between Denton County Transportation Authority (“DCTA”), a Texas local government corporation organized and existing pursuant to Subchapter D of Chapter 460 of the Texas Transportation Code and the City of Allen, Texas ( “City”), a Texas municipal corporation whose address is 305 Century Parkway Allen, Texas 75013, (collectively, referred to as the “the Parties” or individually, as a “Party”). RECITALS WHEREAS, Dallas Area Rapid Transit (“DART”) began a demand responsive transportation program within Collin County that is available to residents of the City who are 65 years of age or older or who have a disability (the “Service”); and WHEREAS, the City has provided funding to support the operation of this Service since 2016 and has determined that the Service is beneficial to residents of the City; and WHEREAS, DART notified the City of its intent to discontinue service as of October 1, 2023; and WHEREAS, DCTA was approached by the North Central Texas Council of Governments (“NCTCOG”) to continue providing the contracted service for the residents of the City (the “Program”); and WHEREAS, DCTA is willing to undertake the Service within the terms of this Agreement and other Agreements with NCTCOG with understanding of the City’s intent to consider future membership in DCTA due to the apparent benefits of public transportation to the residents of the City; and, WHEREAS, the City may modify the amount that the City’s residents pay for the Service through this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, the mutual benefits to each Party, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Term and Termination 1.01. The term of this Agreement shall begin on the 1st day of February 2024, and terminate at midnight on the 30th day of September 2025, unless earlier terminated as herein provided (“the Term”). Ninety days prior to the expiration of the Term of this Agreement, the Parties may mutually agree to extend the Term of Service for one additional one-year Term until PAGE 1 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 21 the 30th day of September 2026. Notwithstanding the foregoing to the contrary or any other termination provisions contained herein, either Party may terminate this Agreement by giving the other Party one-hundred twenty (120) calendar days advanced notice of termination. However, in the event that the Agreement between DCTA and the NCTCOG is terminated for any reason, DCTA reserves the right to terminate this Agreement by giving the City 30 calendar days of advance notice of termination. 1.02. In the event that either Party shall fail to perform any of their respective material obligations under this Agreement, the non-defaulting Party shall have the right to terminate this Agreement if the defaulting Party has not cured any such failure to perform within thirty (30) calendar days following written notice by non-defaulting Party of such failure. 1.03. In the event that the City fails to make any payment required by Section 4.04 of this Agreement, DCTA shall have the option, at its sole discretion, to suspend such Service within the City. 1.04. If program costs are greater than the City’s Not to Exceed amount as set forth in Exhibit “A,” such additional costs above the Not to Exceed Amount shall be the responsibility of the City. 2. Service Description 2.01. Service includes weekday contract dedicated service as operated by DCTA contractors. 2.02. The Service shall be available to residents of the City who are 65 years of age or older or who have a qualifying disability as defined by the Program and who have no access to alternative private or public transportation. 2.03. Eligible users of the Service provided under this Agreement will be required to pay a fare per trip. DCTA will charge users on a per trip basis as follows: - $1.85 per mile - $0.18 per minute - $3.49 drop fee - $2.00 per personal care attendant DCTA and the City may mutually agree to revise this fare structure once per 12 months. Any such fare modifications would take effect on a date mutually agreed upon by DCTA and the City. 2.04. Eligible users of the Service shall be required to schedule ride requests and rides will be available between the hours of 6:00 am and 6:00 pm on Monday through Friday, except holidays. Eligible users may book rides no earlier than one (1) week prior and no later than 24 hours prior to their requested ride. PAGE 2 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 22  2.05. The service area shall be comprised of the limits of Collin County, including locations on the DART network within Collin County. Trips must either begin or end within the City. 2.06. Users of Service who fail to cancel a previously scheduled or regularly scheduled trip at least one hour in advance of the pickup time shall pay a fee in an amount as required by DCTA, up to the full cost of the fare calculated for the missed trip. Such users may also be subject to DCTA administrative procedures defined by the Program up to and including suspension or removal from the service due to repeated cancellations or “no show” trip bookings. 3. DCTA Duties and Responsibilities 3.01. DCTA shall cause a contractor to provide the Service, including vehicles, drivers, supervisors, call center and scheduling staff, and any other staff or services required to provide the Service. 3.02. DCTA may cause its contractor to clean, fuel and otherwise maintain any vehicles needed to provide a dedicated service. 3.03. DCTA may cause a taxi or other transportation service to provide transportation services, technology, software or other services, supplies, or equipment necessary to operate a user transportation assistance program. 3.04. DCTA shall be responsible for the call center, customer information, complaint resolution, data collection, accounting, passenger ridership, invoicing, reconciliation of all invoices, and payment of contractors and suppliers. 3.05. DCTA shall provide the City with information regarding ridership performance of the Service, and number of users, within thirty (30) calendar days of receipt of such information from the contract provider. 3.06. DCTA shall convene quarterly meetings with the City staff to discuss the performance of the Service. 3.07. DCTA shall send the City and NCTCOG monthly invoices specifying the respective amounts owed by the City and NCTCOG for the previous month of service. 4. City’s Duties and Responsibilities 4.01. The City shall allow DCTA to operate the Service on City streets including contract dedicated service or taxi services. 4.02. The City shall assist in marketing and communications of Service to residents, using the City’s website, resident newsletters, or other methods of communication controlled by the City to inform residents about the Service. PAGE 3 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 23  4.03. The City shall convene a working group consisting of NCTCOG, NCTCOG consultants, and DCTA to prepare a City of Allen Public Transportation Service and Financial Plan (the “Plan”), the scope of which shall be agreed upon by the participants. The Plan shall consider public transportation needs in the City of Allen and how those relate to the City’s economic development, demographic projections, financial projections, city master planning, and the ridership data generated from the service since its inception in 2016. The Plan shall also consider the results of the NCTCOG Collin County Transit Study, completed in 2021. All costs for the Plan shall be the responsibility of the City. The outcome of the Plan shall be a projection of future public transportation service requirements, modes, resources required, financial cost model, and funding scenarios that provide a framework for the City to become a member of DCTA. 4.04. Commencing March 1, 2024, and on the first day of every month thereafter during the Term hereof, the City shall pay DCTA the City’s share of the Service. The City’s share of Service shall be calculated as the total direct costs of the service for the month as calculated below, by category, plus a 69% administrative fee added to those direct costs. Then, is the services are billed to the City and NCTCOG on a proportionate share basis. Total direct costs (Wheelchair Accessible (WAV) Taxis)= number of Service vehicles X Service vehicle hourly rate X number of Service hours + booking and other applicable fees. Total direct costs (Lyft Service) = total trip costs + booking and other applicable fees 4.05. The City shall remit payment to the following address: Denton County Transportation Authority Accounts Receivable P.O. Box 96 Lewisville, Texas 75067 The total of monthly payments for each year shall not exceed the total Not-To-Exceed amount shown in Exhibit “A.” Any payments made under this Agreement shall be made from revenues currently available to the Parties. The provisions of Chapter 2251 of the Texas Government Code shall apply to payments under this Agreement. The amount due hereunder is subject to change in the event that the City requests a change in the program or DCTA grant funds are depleted. 5. Joint Marketing and Communications. The Parties acknowledge that marketing and communications regarding the Service may require the use of marks and logos that are owned by each of the Parties. The Parties agree to such limited use of their individually owned or registered marks, logos, and trade names in connection with providing and promoting the Service under this Agreement. Any right to use such marks and logos shall terminate upon the termination or expiration of this Agreement. 6. Force Majeure. DCTA shall at all times use reasonable commercial efforts to provide or PAGE 4 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 24 cause the Service to be provided continuously, however, DCTA does not warrant or guarantee uninterrupted Service and shall not be liable for any special, direct or consequential damages relating to or arising from an interruption in the Service. The obligations of the Parties to perform under this Agreement shall be suspended to the extent that either or both are unable to perform as a result of causes beyond the respective Party’s reasonable control and without such Party’s fault or negligence, including but not limited to, equipment breakdown, accidents, acts of nature and governmental action. In such event, the affected Party shall use reasonable efforts to eliminate the cause as quickly as possible. 7. Planning. DCTA shall provide a projected pricing schedule for continuation of the Service beyond the Term. The City shall notify DCTA in the event that, prior to July 1, 2025, the City has determined not to continue funding for the Service after September 30, 2025. 8. Audit and Retention of Records. Any Party shall have the right to request an audit of another Party’s records related to the operation of the Service. The Parties shall retain adequate records for auditing purposes for a period of three years after final payment hereunder. 9. Indemnifications 9.01. It is specifically agreed that, as between the Parties, each Party to this Agreement shall be individually and respectively responsible for responding to, dealing with, insuring against, defending and otherwise handling and managing liability and potential liability pursuant to this Agreement; each Party hereto reserves and does not waive any defense available at law or in equity; any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstances arising under this Agreement; this Agreement shall not be interpreted nor construed to give any claim or cause of action to any third party; neither Party shall be held legally liable for any claim or cause of action arising pursuant to or out of the services provided under this Agreement, except as specifically provided by law. 9.02. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to the Parties or to create any legal rights or claim on behalf of any third party. Neither Party waives, modifies or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas. 9.03. In the event of joint or concurring negligence or fault of both Parties, liability, if any, shall be apportioned comparatively in accordance with the law of the State of Texas. The provisions of this section are solely for the benefit of the Parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity, nor limit the right of DCTA or the City to assert any governmental immunity defense to any claim of another Party or entity. The provisions of this section shall survive termination or expiration of this Agreement. 10. Miscellaneous Provisions. 10.01. Notices. Any notice by any Party shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by United States mail, certified, return receipt requested, in a postage paid envelope addressed to the Parties as set out below: PAGE 5 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 25  If intended for DCTA: With Copy to: Paul Cristina Joseph J. Gorfida, Jr. Chief Executive Officer Nichols, Jackson, Dillard, Hager & Smith, L.L.P. DCTA 1800 Ross Tower 1955 Lakeway Drive, Suite 260 500 North Akard Lewisville, Texas 75067 Dallas, Texas 75201 Phone: 972-221-4600 Phone: 214-965-9900 PAGE 6 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 26  If intended for the City: With Copy to: City of Allen Peter G. Smith Attn: Eric Ellwanger Nichols, Jackson, Dillard, Hager & Smith, L.L.P. City Manager 1800 Ross Tower 305 Century Parkway 500 North Akard Allen, Texas 75013 Dallas, Texas 75201 Phone: 214-509-4100 Phone: 214-965-9900 A Party may designate another address by giving notice thereof to the other Parties. 10.02. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. There shall be no third-party beneficiaries of this Agreement. 10.03. Fiscal Funding. The City is a political subdivision of the State of Texas (or creation thereof). The City shall have the right, upon the failure of the governing body of the City to appropriate sufficient finances to fund this Agreement, to terminate this Agreement as of the effective date of such lack of fiscal funding. When exercising this right, the City shall give notice to DCTA of any such failure of funding within thirty (30) calendar days of the ordinance passage. 10.04. Construction and Drafting. The paragraph headings in this Agreement are intended for convenience only and shall not be taken into consideration in the construction or interpretation of this Agreement. Whenever used herein, unless the context otherwise provides, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders. Both Parties have participated in the drafting hereof and accordingly no party shall be given credit therefor in the interpretation of this Agreement. 10.05. Partial Invalidity. Any portion of this Agreement being declared by law to be invalid shall not invalidate the remaining provisions which shall remain in full force and effect. 10.06. Merger and Amendment. This instrument constitutes the entire agreement of the Parties with respect to matters contemplated herein, and it may be modified or amended only in writing, signed by all Parties hereto and in accordance with the terms hereof. 10.07. No Partnerships or Joint Enterprise. It is mutually understood and agreed that this Agreement is intended by the Parties to establish only an independent contractual relationship and is not intended to create a partnership or joint venture between the Parties. 10.08. Use of Contractors. Nothing in this Agreement shall prevent a Party from using a contractor or agent to perform the duties and responsibilities contemplated by this Agreement. 10.09 Assignment. No Party may assign its rights and obligations or either under this Agreement, in whole or in part, without first obtaining the prior written consent of the other Party, which consent may be withheld for any reason. No assignee or successor may further assign, in whole or in part, its rights and obligations without prior written consent of the other Party to this PAGE 7 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 27 Agreement at the time of further assignment. 10.10 Entire Agreement. The recitals and exhibits to this Agreement are incorporated herein for all purposes. This Agreement constitutes the entire agreement with respect to the subject matter hereof. In the event of conflict between the exhibits and this Agreement, the terms of this Agreement shall prevail. (signature page shall follow) PAGE 8 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 28  EXECUTED this _______ day of ____________________, 2023. Denton County Transportation Authority By: ____________________________________ Paul A. Cristina, Chief Executive Officer Approved as to form: By: ___________________________________ Joseph J. Gorfida, Jr., General Counsel (07-21-2023: ND 4887-4988-2737) EXECUTED this _______ day of ____________________, 2023. City of Allen By: ____________________________________ Eric Ellwanger, City Manager PAGE 9 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 29  EXHIBIT “A” Table below reflects funding available via NCTCOG with RTC Action on July 13, 2023. Total program amount is anticipated to cover a base 2-year period plus optional third year depending on fund availability. CITY / TOWN TOTAL FTA 5310 RTC Local LOCAL $ 1,647,750 $ 600,000 $ 300,000 $ 747,750 Allen 90% $ 1,482,975 $ 540,000 $ 270,000 $ 672,975 Fairview 10% $ 164,775 $ 60,000 $ 30,000 $ 74,775 PAGE 10 DCTA AND CITY OF ALLEN INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE 30  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Authorize the City Manager to execute a First Modification of the Memorandum of Understanding (MOU) with the North Texas Municipal Water District (NTMWD), Cities of Allen, Frisco, McKinney, Plano, and Richardson regarding the Amended and Restated Regional Composting Program Interlocal Agreement. STAFF RESOURCE: Steve Massey, Community Services Director PREVIOUS COUNCIL ACTION: March 22, 2016 - Approval of the most recent MOU. STRATEGIC PLANNING GOAL: Financially Sound and Transparent City Government. BACKGROUND The five-member cities in the North Texas Municipal Water District's (NTMWD) solid waste system are Plano, Richardson, McKinney, Frisco, and Allen. Before the NTMWD composting program was implemented, Allen's yard waste was transported by Community Waste Disposal to a commercial composting facility located in Plano. However, on October 24, 2003, the solid waste system members agreed to NTMWD awarding a composting contract under an Interlocal Agreement (ILA) with the City of Plano to perform composting operations. Under the agreement, Plano would expand their ongoing composting program that only served Plano to accommodate the yard waste and composting needs of all five cities. The member cities then executed a Memorandum of Understanding (MOU) concerning the program's operation. After construction to support composting was made at the Custer Road Transfer Station (CRTS), the City of Plano began accepting residential yard waste and compostable materials at the CRTS on December 1, 2004. On April 28, 2016, an Amended and Restated Regional Composting ILA was executed between the NTMWD and Plano. At that time, this ILA was extended for one ten (10) year period with one ten-year additional extension. All five member cities agreed to this amended ILA. In March of 2023, Plano indicated that without an increase in the composting drop-off charge, they could not continue to operate the five-city composting program past the end of FY23. This was because they had cumulatively lost over $1.6 million since 2016. However, at the same time, they proposed to continue the program with a disposal cost increase that would allow the program to break even. Several months of negotiations took place on restructuring the NTMWD-Plano ILA and the Five-City MOU. During these negotiations, the cities of Frisco, Allen, and McKinney awarded a contract to a professional services consultant to quickly develop a request for proposal (RFP) for commercial 31 composters to begin the composting operation. Two (2) vendors submitted composting proposals that the consultant compared to the requested Plano disposal cost adjustment. In their final report, the consultant concluded that including the proposed Plano compost charge increase, "...the low-cost alternative for the City of Allen is to remain at the City of Plano facility...." At this point, Plano, Richardson, Frisco, and Allen are continuing with the Plano program at an increased compost drop-off charge. This is because these four cities all concluded the revised Plano program to be a lower-cost alternative than contracting with a commercial composting entity. However, McKinney is located close to one commercial proposer, so their disposal cost is less expensive for compostables delivered by their waste services contractor to the commercial composting facility. On the negative side for McKinney, the commercial facility's residential drop-off program cost is significantly higher than the Plano program's cost for residential drop-off at the CRTS. Presently, McKinney intends to stay with the program as a full member until at least January 2024, at which time they may contract with a commercial composting operation for their weekly contractor-collected yard waste services. McKinney also has a contingency to stay with the Plano program and not go with the apparent lower bidder. In either case, McKinney plans to allow its residents to use the CRTS for residential compostable drop-off due to the higher fee for residential drop-off charged at the commercial composter's location. The NTMWD Board will approve an amendment to the Amended and Restated Regional Composting ILA to adjust fees as Plano requested. The NTMWD Board of Directors will also approve the revised NTMWD-Plano ILA. The new MOU allows McKinney to be a full member of the composting program until December 2023 and, at that point, drop out if they desire. McKinney may also remain a full member, just like the other four cities, if their commercial composting negotiations fail. BUDGETARY IMPACT The compost fee charged for both Community Waste Disposal to drop off the residential compostables and for residential compostable drop-off at the CRTS was $27.57 per ton in FY23. Under the revised program cost, the fee becomes $37.95 per ton in FY24. Based on Allen’s anticipated tonnage of composting in FY24, the expense difference is about $55,000 additional composting expense in FY24. This additional amount was provided for in the approved FY24 Solid Waste Fund’s budget. STAFF RECOMMENDATION Staff recommends approval. MOTION I make a motion to approve a first modification of the MOU with the North Texas Municipal Water District and the member cities regarding the Regional Composting Program. ATTACHMENT(S) First Modification of MOU NTMWD Letter Current MOU 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Authorize the City Manager to execute an agreement with Insituform Technologies, LLC, for the repair of the Sewer Aerial Crossing on Cottonwood Creek at the corner of Greenville Avenue and Main Street for $350,000. STAFF RESOURCE: Raymon Yarbrough, Assistant Director of Community Services STRATEGIC PLANNING GOAL: Safe and Livable Community for All. BACKGROUND The 12-inch sewer aerial crossing over Cottonwood Creek has begun to experience leaks through small holes in the metal line. Staff has placed clamps on the line to control past leaks, but the line now requires long-term rehabilitation. The over-50-year-old line is succumbing to hydrogen sulfide sewer gas erosion that is normal in a pipe of this age. Rather than paying the greater cost of completely replacing the line, the more cost-effective alternative of "cured-in-place pipe repair" (CIPP) is proposed. This technology has been successfully used at other locations in the city. The CIPP process restores the repaired pipeline for another 50-year lifespan. Due to the pipe's elevation above the creek and the need to bypass/pump the wastewater around the site during construction, CIPP rehabilitation still has a bid contract cost of $313,054. The rehabilitation is being done under a buy-board Agreement for Professional Services and is not the result of a bidding process. The contractor, Insituform Technologies, is a known, high-quality vendor to perform this rehabilitation. Setting a project budget of $350,000 allows some contingency for possible change orders to the Professional Services Contract. BUDGETARY IMPACT The cost of this repair is a planned expense being funded from the Water and Sewer Fund's Fiscal Year 24 operational budget. STAFF RECOMMENDATION Staff recommends approval. MOTION I make a motion authorizing an agreement for repair of the 12" sewer aerial crossing at Cottonwood Creek East and 406 Main Street. ATTACHMENT(S) 52 Agreement 53  STATE OF TEXAS § § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF COLLIN § This agreement (“Agreement”) is made by and between the City of Allen, Texas (“City”) and Insituform Technologies, LLC, a Foreign Limited Liability Company (“Professional”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. RECITALS: WHEREAS, the City desires to engage the services of the Professional as an independent contractor, and not as an employee, to provide the services described in Exhibit “A” (the “Scope of Services”) to assist the City in Cured in Place Pipe Repair (the “Project”) on the terms and conditions set forth in this Agreement; and WHEREAS, the Professional desires to render services for the City on the terms and conditions set forth in this Agreement; NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.1 This Agreement shall commence on the last date of execution hereof (“Effective Date”) and continue until completion of the services, unless sooner terminated as provided herein. 1.2 Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. In the event of such termination the Professional shall deliver to City all finished and unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs or other items prepared by the Professional in connection with this Agreement. Professional shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination. Article II Scope of Service 2.1 The Professional shall perform the services in connection with the Project as set forth in the Scope of Services and per Professional’s Proposal dated 19 April 2023, attached herto and made a part of this Professional Services Agreement. The Professional shall perform the services: (i) with the professional skill and care ordinarily provided by competent contractors, as the case may be, practicing in the same or similar locality and under the same or similar circumstances; and (ii) as expeditiously as is prudent considering the ordinary professional skill and care of a competent contractor, as the case may be, the Professional shall perform the services: PAGE 1 2020 (FORM) NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 54 (i) with the skill and care ordinarily provided by similar contractors practicing in the same or similar locality and under the same circumstances and applicable licenses or certifications; and (ii) as expeditiously as is prudent considering the ordinary skill and care of similar competent contractors consultants. 2.2 The City shall, prior to commencement of services, provide the Professional with the information set forth in the Scope of Services, if any. 2.3 Licenses. Professional represents to City that Professional possesses any and all licenses which may be required by the State of Texas or any other governmental entity having jurisdiction as may be necessary for the performance of Professional's services pursuant to this Agreement. 2.4 The Parties acknowledge and agree that any and all opinions provided by the Professional in connection with the Scope of Services represent the professional judgment of the Professional, in accordance with the standard of care applicable by law to the services performed hereunder. 2.5 Upon execution of this Agreement the City has the right to use the Professional’s instruments of service, including but not limited to reports, maps, cost estimates, recommendations or other deliverables for the Project, provided that the City substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The City’s employees, agents, contractors and subcontractors may reproduce applicable portions of the instruments of service for use in performing services or construction for the Project. Upon payment of all amounts due Professional hereunder, all deliverables, materials and reports prepared by the Professional in connection with this Agreement shall become the property of the City. The City shall have the right to publish, disclose, distribute and otherwise use such deliverables, materials and reports only for those purposes for which they were intended. Subject to the foregoing, Professional shall, upon completion of the services, or earlier termination, provide the City with the deliverables, drawings, reports, maps, and materials prepared by Professional as set forth in the Scope of Services. Article III Schedule of Work The Professional agrees to complete the required services in accordance with a mutually agreed upon Project Schedule outlined in the Scope of Services. Article IV Compensation and Method of Payment 4.1 Professional will be compensated in accordance with the payment schedule and amounts set forth in the Scope of Services. Unless otherwise provided herein, payment to the Professional shall be monthly based on the Professional’s monthly progress report and detailed PAGE 2 2020 (FORM) NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 55 monthly itemized statement for services that shows the names of the Professional’s employees, agents, contractors performing the services, the time worked, the actual services performed, the rates charges for such service, reimbursable expenses, and the amount due and payable as of the current statement, in a form reasonably acceptable to the City. Monthly statements shall include authorized non-salary expenses with supporting itemized invoices and documentation. The City shall pay such monthly statements within thirty (30) days after receipt and City verification of the services and expenses unless otherwise provided herein. The final payment of the compensation shall be made after satisfactory completion of the services following the City acceptance of the work set forth in the Scope of Services, and the submittal of “AS BUILT” drawings, or record drawings, as applicable. 4.2 Unless otherwise provided in the Scope of Services the Professional shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, telephone, internet and email charges. 4.3 The hourly rates set forth in the Scope of Services, if any, shall remain in effect during the term of this Agreement. Any changes to established hourly rates shall require the prior written consent of the City. Article V Devotion of Time; Personnel; and Equipment 5.1 The Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. Should the City require additional services not included under this Agreement, the Professional shall make reasonable effort to provide such additional services within the time schedule without decreasing the effectiveness of the performance of services required under this Agreement, and shall be compensated for such additional services as otherwise agreed between the Parties. 5.2 To the extent reasonably necessary for the Professional to perform the services under this Agreement, the Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that the Professional may deem proper to aid or assist in the performance of the services under this Agreement. The Professional shall provide written notice to and obtain written approval from the City prior to engaging services not referenced in the Scope of Services. The cost of such personnel and assistance shall be included as part of the total compensation to be paid Professional hereunder and shall not otherwise be reimbursed by the City unless otherwise provided herein. 5.3 The Professional shall furnish the facilities, equipment and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. 5.4 The Professional shall submit monthly progress reports and attend monthly progress meetings scheduled by the City or more frequently as may be required by the City from time to time based upon Project demands. Each progress report shall detail the work accomplished PAGE 3 2020 (FORM) NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 56 and special problems or delays experienced on the Project during the previous report period, and the planned work activities and special problems or delays anticipated for the next report period. Article VI Miscellaneous 6.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 6.2 Assignment. The Professional may not assign this Agreement without the prior written consent of City. In the event of an assignment by the Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 6.3 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. 6.4 Governing Law. The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.5 Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 6.6 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.7 Independent Contractor. It is understood and agreed by and between the Parties that the Professional in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. 6.8 Right-of-Access. The Professional shall not enter onto private property without lawful right-of-access to perform the required surveys, or other necessary investigations. The Professional will take reasonable precautions to minimize damage to the private and public PAGE 4 2020 (FORM) NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 57 property in the performance of such surveys and investigations. Any right-of-access to public or private property shall be obtained in accordance with the Scope of Services. 6.9 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery or on the day actually received if sent by courier or otherwise hand delivered: If intended for City: With a copy to: Eric Ellwanger Peter G. Smith City Manager City Attorney City of Allen, Texas Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 3rd Floor, Allen City Hall 1800 Ross Tower 305 Century Parkway 500 North Akard Street Allen, Texas 75013 Dallas, Texas 75201 214.509.4110 - telephone 214.965.9900 – telephone 214.509.4118 - fax 214.965.0010 - fax If intended for Professional: Attn: Timothy R. Peterie Business Development Manager 580 Goddard Avenue Chesterfield, MO 63005 TPeterie@Aegion.com 6.10 Insurance. (a) Professional shall during the term hereof maintain in full force and effect the following insurance: (i) a commercial general liability policy of insurance for bodily injury, death and property damage including the property of the City, its council, officers, contractors, agents and employees (collectively referred to as the “City”) insuring against all claims, demands or actions relating to the work and services provided by the Professional pursuant to this Agreement with a minimum limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage and $2,000,000.00 aggregate including products and completed operations; (ii) automobile liability insurance covering all vehicles owned, non-owned and hired and/or operated by Professional, its officers, agents, independent contractors, and employees, and used in the performance of this Agreement with policy limits of not less than $1,000,000.00 combined single limit for bodily injury, death and property damage; (iii) statutory Worker’s Compensation Insurance and Employers Liability covering all of Professional’s PAGE 5 2020 (FORM) NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 58  employees involved in the provision of services under this Agreement with policy limit of not less than $1,000,000.00; (b) All insurance shall be endorsed to provide the following provisions: (1) name the City, its council, officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance (2) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. A specific endorsement shall be added to all policies, with a copy of the endorsement provided to the City that indicates the insurance company will provide to the City that indicates the insurance company will provide to the City at least a thirty (30) day prior written notice for cancellation, non-renewal, and/or material changes of the policy. In the event the companies providing the required insurance are prohibited by law to provide any such specific endorsements, the Professional shall provide at least thirty (30) days prior written notice to the City of any cancellation, non-renewal and/or material changes to any of the policies of insurance. All policies must be written on a primary basis, non-contributory with any other insurance coverage and/or self-insurance maintained by the City. (b) All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. (d) A certificate of insurance and copies of policy endorsements evidencing the required insurance shall be submitted to the City prior to commencement of services. On every date of renewal of the required insurance policies, the Professional shall cause a certificate of insurance and policy endorsements to be issued evidencing the required insurance herein and delivered to the City. In addition, the Professional shall within ten (10) business days after written request provide the City with certificates of insurance and policy endorsements for the insurance required herein. The delivery of the certificates of insurance and policy endorsements to the City is a condition precedent to the payment of any amounts due to Professional by the City. The failure to provide valid certificates of insurance and policy endorsements shall be deemed a default and/or breach of this Agreement. 6.11 Debarment and Suspension. (a) In accordance with 2 CFR section 180.300, the principal of this contract as described in 2 CFR section 180.995 being duly sworn or under penalty of perjury under the laws of the United States, certifies that neither this company nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, the State of Texas or any of its departments or agencies. PAGE 6 2020 (FORM) NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 59  (b) If during the contract period the principal becomes debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation, the principal shall immediately inform the City of Allen. (c) For contracts that are financed by Federal or State grants, the principal agrees that this section will be enforced on each of its subcontractors and will inform the City of Allen of any violations of this section by subcontractors to the contract. (d) The certification in this section is a material representation of fact relied upon by the City in entering into this contract. 6.12 Indemnification. PROFESSIONAL DOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL CLAIMS, RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, CAUSED BY OR RESULTING FROM THE NEGLIGENCE, INTENTIONAL TORT, INTELLECTURAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL, ITS AGENT, ITS CONSULTANT UNDER CONTRACT, OR ANY OTHER ENTITY OVER WHICH THE PROFESSIONAL EXERCISES CONTROL SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002 (B). INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS’ FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. THE 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 PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 6.13 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. 6.14 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 6.15 Prohibition of Boycott Israel. Professional verifies that it does not Boycott Israel and agrees that during the term of this Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended. This section does not apply if the PAGE 7 2020 (FORM) NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 60 Professional is a sole proprietor, a non-profit entity or a governmental entity; and only applies if: (i) the Professional has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement. 6.16 Prohibition of Boycott of Energy Companies. By accepting this purchase order, Vendor verifies that is does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas Government Code Section 809.001, as amended. This section does not apply if Professional (or Contractor) is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if: (i) Professional (or Contractor) has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement. 6.17 Prohibition of Discrimination Against Firearm Entities and Firearm Trade Associations. By accepting this purchase order, Vendor verifies that is does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association. This section only applies if: (i) Professional (or Contractor) has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement; and does not apply: (i) if Professional (or Contractor) is a sole proprietor, a non-profit entity, or a governmental entity; (ii) to a contract with a sole-source provider; or (iii) to a contract for which none of the bids from a company were able to provide the required certification. (Signature Page to Follow) PAGE 8 2020 (FORM) NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 61 EXECUTED this _______ day of _____________________, 2023. CITY OF ALLEN, TEXAS By: {insert name and title of city representative authorized to execute the agreement on behalf of city} ATTEST: By: Shelley George, City Secretary APPROVED AS TO FORM: By: Peter G. Smith, City Attorney EXECUTED this 3rd _______ day of October _____________________, 2023. INSITUFORM TECHNOLOGIES LLC By: Name: Ursula J. Youngblood Title: Contracting & Attesting Officer PAGE 9 2020 (FORM) NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 62  EXHIBIT “A” SCOPE OF SERVICES (TO BE ATTACHED) PAGE 10 2020 (FORM) EXHIBIT “A” TO NON-STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ALLEN AND INSITUFORM TECHNOLOGIES LLC (TM 114191) / ED. 3-2-20) 63  EXHIBIT A Insituform Technologies, LLC is a subsidiary of Aegion Corporation 1103 Postwood Dr. Name: Tim Peterie Fax: 940-498-0265 Corinth, TX 76210 Phone: 214-317-0950 Email: tpeterie@insituform.com An Aegion Company www.insituform.com April 19, 2023 SF#: SO-00106630 Mr. Timothy Holland Water/Wastewater Superintendent City of Allen 900 S Greenville Allen, TX 75002 Buyboard Proposal Project Name: City of Allen, TX – E Main 12” DI Aerial Crossing CIPP Internal Rehabilitation & CFRP External Rehabilitation INSITUFORM TECHNOLOGIES, LLC herein proposes to furnish all labor, materials, equipment, and services necessary to reconstruct the referenced project (as detailed in the project location maps presented by the City of Allen) utilizing The Local Government Purchasing Cooperative Contract #635-21 administered through the BuyBoard. ASSUMPTIONS AND QUALIFICATIONS Insituform™ Design. We have based this proposal on a nominal wall thickness for the Insitutube™, which is based on the best available information at the time of this proposal. Existing pipe deterioration in excess of the conditions assumed, ground water loads in excess of those assumed, or other loads or conditions may increase the recommended thickness for all or portions of the work. Final recommendations may be submitted to you following the completion of the preliminary TV phase of the project. Stated prices are subject to adjustment if design changes are agreed upon. Laterals. No laterals have been identified on this project. Insituform will supply the City of Allen Payment, Performance, 2-yr Maintenance Bond and Certificate of Insurance as necessary following acceptance of this proposal. A 2-yr warranty will also be provided. The pricing in this proposal assumes that all Technical Specifications set forth by the BuyBoard will be strictly adhered to. We have also utilized the City of Allen Specifications for Cured-In-Place Pipe and Pipe Rehabilitation for Aerial Crossing (External Wraps). Special: 1. Water shall be provided at no cost to Insituform Technologies, LLC for all construction phases of this project. Insituform Technologies, LLC will follow all required deposit, backflow prevention, and metering procedures. 2. The City of Allen will be responsible for any clearing or tree trimming necessary to access the site. 3. If the aerial supports need to be removed and temporary supports put in place, then that work will be completed by the City of Allen. Unless otherwise noted, Insituform’s Fibrwrap crews will wrap around the supports. 4. Pricing includes work scaffolding under exposed portion for FRP installation and isolation for containment and humidity control. PROPOSAL TERMS AND CONDITIONS Terms and Conditions from the Texas Statewide Cooperative Purchasing Contract are available upon request from the BuyBoard. Any changes to these conditions must be noted and agreed upon by both parties. Insituform will require a tax-exempt certification prior to mobilization and material order. It is understood that the CIPP will be installed first at a mutually agreeable scheduled date and then the FRP wrapping will take place late summer/early fall when the Fibrwrap crew is in the area with other planned work. If not able to combine with other work, then additional pricing may apply to cover added mobilization costs for release late in the year. 64 Page 2 PROPOSAL PRICING City of Allen E Main 12” Aerial Crossing Unit of Description Quantity Measure Unit Price Extended Total Travel & Mobilization – CCTV Crew 1 EA $3,500.00 $3,500.00 12" Clean and TV sanitary sewer 290 LF $8.00 $2,320.00 Tuberculation Removal 3,480 IN-DIA/LF $1.00 $3,480.00 Travel & Mobilization – CIPP Crew 1 EA $7,500.00 $7,500.00 12” x 6.0mm CIPP 290 LF $50.00 $14,500.00 12” Additional 1.5mm thickness 290 LF $5.00 $1,450.00 12” CIPP Setup Charge Per Install Length 290 LF $15.00 $4,350.00 Non-Standard Resin System Add-On (VE Resin) 3,480 IN/DIA/FT $6.30 $21,924.00 Set Up 4” Pump (Per Pump) 1 EA $500.00 $500.00 Set Up 4" Piping 290 LF $5.00 $1,450.00 Operate 4" Pumping System (Fuel & Maint) 1 DAY $250.00 $250.00 12” Post TV Inspection After Rehabilitation 290 LF $2.00 $580.00 Traffic Control 1 DAY $500.00 $500.00 Lighted Arrow Board (Per Arrow Board) 1 DAY $250.00 $250.00 Travel & Mobilization – CFRP Crew 1 EA $7,500.00 $7,500.00 12” Basic CFRP External Repair of Aerial Crossing 125 LF $1,900.00 $237,500.00 2-Yr Maintenance Bond 1 LS $5,500.00 $5,500.00 Bid Total $313,054.00 PROPOSAL INCLUSIONS The prices stated in this proposal include: 1. Mobilizations and demobilization (Insituform and Fibrwrap). 2. Pipeline cleaning to include mechanical cleaning for tuberculation removal if needed. 3. Pre-Video inspections and documentation of existing pipe the day of reconstruction with the Insituform process for pipe rehabilitated by CIPP. 4. Final video inspection following completion of the CIPP installation to document your new pipe rehabilitated by CIPP. 5. Insitutube wetout using 300,000 Flexural Modulus Vinylester resin, inversion, curing, and finishing. 6. Bypass pumping as needed for CIPP. 7. Surface preparation for external wrap. 8. Scaffolding and containment. 9. Engineered stamped designs for external wrap. 10. Testing as required. 11. Installation by Fibrwrap crew of the specified layers of Tyfo® system using the wet layup method externally on pipe. 12. Apply Tyfo® U finish durability coating (or equivalent) to Tyfo® system. 13. On site fabrication of sample panels. 14. QC/QA program. 15. Confined space safe entry practices. 16. Two-year bonded construction warranty. 17. Certificate of insurance with a standard coverage. 65 Page 3 PROPOSAL EXCLUSIONS Not included in the prices stated in this estimate are costs associated with the items listed below. These items, if needed or found to be applicable, would be provided by INSITUFORM TECHNOLOGIES, LLC at your additional cost; or would be furnished by others, at your direction, at no cost to INSITUFORM TECHNOLOGIES, LLC: a) If preliminary video inspection of the pipe interior indicates excessive damage, or other extra-ordinary condition, which will require excavation, or other extraordinary remedy, to prepare the pipe for installation of the Insitutube, then those services will be provided by the Owner or by Insituform under agreed upon pricing. This will include excessive roots, excessive debris and protruding taps. b) Manual operation of any pumping and/or metering stations. c) Water from fire hydrants within a convenient distance from each cleaning and inversion site location. d) Legal dumpsite for debris resulting from pipes cleaning. e) Welding or patching if required. f) If any hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials. g) Installation of cleanouts, or other ports, if required for special bypass pumping requirements for businesses. h) Manhole installation, rehabilitation, and/or replacement. i) Project permits and/or local licenses. j) State and local sales and/or use taxes on the value of the project. If you are exempt, please submit the appropriate documentation. k) Additional premiums for special insurance coverage(s) demanded by you or other parties particular to this project. PROPOSAL TERMS AND CONDITIONS a) Limits of Liability. In consideration of INSITUFORM TECHNOLOGIES, LLC’s agreement to maintain no less than $5,000,000 of comprehensive general liability insurance in the form required by the Contract, INSITUFORM TECHNOLOGIES, LLC’s liability to the Owner for any matter covered by such insurance will be limited to the extent of such insurance and the Owner will indemnify and hold INSITUFORM TECHNOLOGIES, LLC. harmless from any third party claims covered by such insurance to the extent such claims exceed the limits of such insurance. Neither party shall be liable to the other for consequential damages relating to the contract. In case of conflict between this provision and any other provision in the Contract as ultimately executed, this provision shall govern and prevail. b) LIMITED WARRANTY. IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. c) MUTUAL RELEASE OF CONSEQUENTIAL DAMAGES. Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. d) PROPOSAL SUBJECT TO NEGOTIATION OF OTHER STANDARD TERMS OF AGREEMENT. This proposal is subject to agreement of the parties on other terms and conditions as are customary in contracts of this nature. e) Quantities are estimated. Unit prices apply for actual invoice and payment. f) Payments are due at net within thirty days of invoice. Final payment is due within thirty days of completion of project. g) Monthly progress partial payments may be requested for the value of work in progress or completed, including materials secured and on site. h) Prices stated are in effect for thirty days from the date of this proposal. The acceptance period may be extended at the sole option of INSITUFORM TECHNOLOGIES, LLC. i) Conflicts. In case of conflict between the provision of the aforesaid paragraphs and any other provision in the Contract as ultimately executed the provisions as set forth above shall govern and prevail. 66 Page 4 OFFERED BY: ACCEPTED BY: INSITUFORM TECHNOLOGIES, LLC ________________________________________ Timothy R. Peterie SIGNATURE DATE ________________________________________ TIMOTHY R. PETERIE NAME BUSINESS DEVELOPMENT MANAGER ________________________________________ REVIEWED BY: TITLE ANDY OZMENT AREA MANAGER ________________________________________ ORGANIZATION cc: Josh Awalt, Ben Hawkins, Kodiak O’Ravez This accepted proposal constitutes a formal agreement. If you initiate a purchase order or other document, it will not be acknowledged without this proposal being referenced or as an attachment. 67  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Authorize the City Manager to purchase cybersecurity services from Rapid7 through Solid Border for $126,845. STAFF RESOURCE: Eric Matthews, Chief Information Officer STRATEGIC PLANNING GOAL: Safe and Livable Community for All. BACKGROUND This purchase will provide key cybersecurity services to the City of Allen. BUDGETARY IMPACT This will be expensed from the General IT software account. This is an annual subscription and is included in the 2023-2024 budget. Annual increase for software subscription per unit will be limited to no more than 5%. This purchase utilizes Texas Department of Information Resources (DIR) Contract No. DIR-CPO-4850. STAFF RECOMMENDATION Staff recommends approval. MOTION I make a motion authorizing the purchase of cybersecurity services. 68  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Authorize the City Manager to execute a First Amendment to the agreement with Christmas Décor by JET for the downtown holiday project, increasing the amount to $250,000. STAFF RESOURCE: Kyle Benedict, Assistant Director of Parks and Recreation BOARD/COMMISSION ACTION: July 10, 2023 - Community Development Corporation approved funding of $250,000. STRATEGIC PLANNING GOAL: Vibrant Community with Lively Destinations and Successful Commercial Centers. BACKGROUND With the recent focus on the downtown revitalization efforts, this year's city's signature holiday event, Holly Jolly, will be relocating to the downtown area. To assist with the request from the Allen Community Development Corporation to enhance the event through holiday décor, staff researched different options and is thus recommending a contract with Christmas Décor by JET Services. At their July 10, 2023 meeting, the CDC approved the recommendation of the downtown holiday lighting project. The lighting project begins at the Heritage Depot (including the train) and runs along the main street to the Blue House. Trees and buildings along Main Street will be lit, and large photo-op displays will be placed there as well. The lighting ends at the corner of Main Street and St. Ann behind the Blue House with the Christmas Tree and a 50ft RGB tunnel. The scope of work includes ordering products, installation, breakdown, and storage. The lights will be on display from late November through early January, with multiple pop-up events occurring during this time frame, in addition to the Holly Jolly Tree Lighting and 5k Fun Run. An initial purchase for the procurement of holiday lights and infrastructure improvements for $95,000 was previously executed to ensure delays were not encountered so that installation could begin in a timely manner. This additional request of $155,000 will complete the investment needed for the downtown holiday décor project. The City has procured this Agreement through the TIPS contract #200806. BUDGETARY IMPACT CDC approved total funding of $250,000 for the Downtown Lighting project for FY24. This was included in the adopted FY24 Annual Budget. STAFF RECOMMENDATION Staff recommends approval. MOTION 69 I make a motion to authorize the City Manager to execute a First Amendment to the Agreement with Christmas Décor by JET for the downtown holiday project increasing the amount to $250,000. ATTACHMENT(S) Agreement First Amendment to Agreement Scope of Services MAP and DECOR 70 Exhibit A 71 Exhibit A 72 Exhibit A 73  Exhibit A 3.8 Compliance with applicable law. Contractor shall and shall cause its employees and sub-contractors to comply with all personnel safety programs applicable for the Project Work and to keep the Project area clean and free from debris on a daily-basis, and to keep noise and obnoxious odors to a minimum. Personnel safety programs include but are not limited to protective eyewear; protective clothing; appropriate foonvear; ear protection; hard hat, and reflective vest. The Contractor shall comply with all applicable federal, State, and local laws regarding occupational safety and health, as well as providing protection of the environment. This shall include but is not limited to compliance with the U.S. Department of Labor­ Occupational Safety and Health Administration (OSHA), and the U.S. Environmental Protection Agency (EPA) guidelines and regulations. 3.9 Project Work Disturbance. In the event Project work by the Contractor and/or its subcontractors disrnpts any City service, causes damage to City property, or causes harm to any person, Contractor agrees, at its sole cost and expense, to immediately contact the City Project Manager, while providing appropriate emergency response, including but not limited to, calling police, fire and/or the appropriate utility company regarding service. 3.10 Criminal Backgrounds. From time to time, at its sole discretion, the City may require criminal background checks on Contractor and its employees (and its sub-contractors and its employees) who will be performing after-hours Work, and/or require access to Public Safety or City facilities, technology rooms, or secure areas. Criminal background checks are conducted in accordance with Department of Public safety regulations at no charge to the Contractor. All information obtained as part of the criminal background process is kept strictly confidential. Contractor agrees to submit and cause its employees (and to cause its sub-contractor and its employees) to the criminal background process, if required by the City. All decisions regarding Contractor and its employees (and its sub-contractor and its employees) access to City facilities are final. 3.11 Contractor Conduct. Contractor (and its sub-contractors) representatives, and employees shall conduct themselves in a professional and workmanlike manner at all times when performing the Work and on the Project site, including waring appropriate clean work attire consistent with the type of work being performed, and hard hat, reflective vest, and protective eyewear when required by the Contract Documents. The use of any tobacco product, including smokeless tobaccos, vapor and E-cigarettes, inside City facilities is prohibited. Smoking is permitted outside of City facilities, in designated smoking areas, if at least 50-feet from any facility door. City shall cause the removal of, and, to require Contractor to remove Contractor's (and its sub-contractor's) employees from the Project site if in violation of the foregoing standards. Article IV Compensation and Method of Payment 4.1 General. 74 Exhibit A 75 Exhibit A 76 Exhibit A 77 Exhibit A 78 Exhibit A 79 Exhibit A 80 Exhibit A 81 82 83 Exhibit A 84 85 86  Exhibit B JET Outdoor Services 329 S. Gun Barrel Lane Gun Barrel City, Texas 75156 (469) 712-4499 Info@jetoutdoorservices.com Christmas in Allen 2023 TIPS Information TIPS Contract # - 200806 Vendor - The Decor Group, INC. DBA Christmas Decor Reseller - Jet Outdoor Services TIPS Product # - Custom Item Level 2 TIPS Product Description - Custom Item Level 2 Custom Item Level 2 (11 - 25 Display areas) 1 87  Exhibit B JET Services Responsibilities 1. Co-design and creation of custom walkthrough park Section B for The City of Allen community and surrounding areas. 2. Professional installation, maintenance and takedown of walkthrough park by trained staff. 3. Dedicated project management with 24 hour phone support and issue resolution within 48 hours. 4. Provide park experience and knowledge to help ensure success. Quote Details 1. Twinkly tunnel 50 ft in length 2. 15 - 20 assorted lit balls up to 6ft 6in in height 3. 8 -15 photo opportunity pieces ranging from 5 ft - 25 ft tall ( total number depends on the size and scope client chooses for each piece) 4. Wrapped trees down main street with minis on trunks and major branches (minimum 16 ft high) 5. Pre Decorated garland hung on applicable shop awnings 6. RGB Curtain 10-20 drops 7. All displays shall be fully installed before November 25, 2023 and will be removed by January 20, 2024. Exceptions may be made to these dates if both parties agree 8. All themes will be based on availability of the inventory for the 2023 season non availability will result in similar or like themes 2 88  Exhibit B Payment Disbursement Schedule Description of Services Amount Due Date Total Contract Cost $155,000.00 Allotment for park once all pieces are $118,000 November 15th fully installed Allotment for park after takedown is $37,000.00 January 20th complete 3 89  HOLLY JOLLY AND DOWNTOWN ALLEN HOLIDAY DECORATIONS • Lights wrapping Main Street trees • Main Street store front awnings and alleyways wrapped in garland and strung with lights • Train Depot, along with the train, wrapped in garland and strung with lights and filled with illuminated presents • 50’ RGB interactive tunnel of lights • 20’ RGB wall of dancing lights • 12 interactive illuminated photo scenes 90 91  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Conduct the Canvass of the Bond Election and adopt an Ordinance declaring the results of the Bond Election held on November 7, 2023. STAFF RESOURCE: Shelley B. George, City Secretary STRATEGIC PLANNING GOAL: Financially Sound and Transparent City Government. BACKGROUND Section 7.08 of the Allen City Charter states: "Returns of all municipal elections, both general and special, shall be made in accordance with the Texas Election Code, at which time the council shall canvass the votes, declare the results of such election, with notification of election to the candidate elected." and Section 67.003 of the Texas Election Code states: "Each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not earlier than the eighth day or later than the 11th day after Election Day." The Early Voting Ballot Board will reconvene on November 14 at 9 a.m. to count returned military overseas ballots (FPCA - Federal Post Card Application) and provisional ballots at which time the Election Administrator will issue the final vote tallies to be canvassed by the Allen City Council at this meeting. The Ordinance will be updated to reflect the final numbers for the Canvass as submitted by the Collin County Elections Administrator. A summary of the unofficial Election results released by the Collin County Elections Administrator on Election Day are shown below: Proposition A - Street repairs and improvements: $47M FOR: 77.79% AGAINST: 22.21% Proposition B - Ford Park improvements: $17M FOR: 56.58% AGAINST: 43.42% Proposition C - Public art projects: $1.5M FOR: 44.58% AGAINST: 55.42% Proposition D - Downtown revitalization: $8M FOR: 62.62% AGAINST: 37.38% Proposition E - Police headquarters: $83M 92 FOR: 62.88% AGAINST: 37.12% STAFF RECOMMENDATION Staff recommends approval. MOTION I make a motion to adopt Ordinance No. ________. ATTACHMENT(S) Ordinance 93  ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, on August 8, 2023, the City Council (the Council) of the City of Allen (the City) ordered an election to be held on November 7, 2023, for the purpose of determining whether the resident, qualified voters of the City would authorize the issuance of general obligation bonds by the City; and WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and WHEREAS, the City Council hereby canvasses the returns of this election, at which there were submitted to all resident, qualified voters of the City for their action thereupon, the following propositions: PROPOSITION A “SHALL the City Council of the City of Allen, Texas, be authorized to issue general obligation bonds of the City in the aggregate principal amount of $47,000,000 for permanent public improvements and public purposes, to wit: designing, developing, constructing, repairing, resurfacing, reconstructing, extending, expanding, improving and maintaining streets, thoroughfares, alleys, sidewalks, bridges and other public ways, including associated neighborhood streetscapes, screening walls, streetlights, pedestrian intersection and crossings and ADA improvements; necessary or incidental utility infrastructure and drainage relocation and improvements; signalization and monitoring equipment and other traffic controls; grade separations, landscaping and beautification and acquiring land, easements, rights-of-way, and other real property interests necessary therefor or incidental thereto, such bonds to mature serially or otherwise over a period not to exceed 30 years from their date of issuance, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the principal of and interest on the bonds and the cost of any credit agreements executed in connection with the bonds?” PROPOSITION B “SHALL the City Council of the City of Allen, Texas, be authorized to issue general obligation bonds of the City in the aggregate principal amount of $17,000,000 for permanent public improvements and public purposes, to wit: constructing, developing, improving, expanding, renovating and equipping Ford Park, including the installation and development of athletic fields and sport courts, such bonds to mature serially or otherwise over a period not to exceed 30 years from their date of issuance, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the principal 94 of and interest on the bonds and the cost of any credit agreements executed in connection with the bonds?” PROPOSITION C “SHALL the City Council of the City of Allen, Texas, be authorized to issue general obligation bonds of the City in the aggregate principal amount of $1,500,000 for permanent public improvements and public purposes, to wit: public art projects, such bonds to mature serially or otherwise over a period not to exceed 30 years from their date of issuance, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the principal of and interest on the bonds and the cost of any credit agreements executed in connection with the bonds?” PROPOSITION D “SHALL the City Council of the City of Allen, Texas, be authorized to issue general obligation bonds of the City in the aggregate principal amount of $8,000,000 for permanent public improvements and public purposes, to wit: designing, constructing, installing, improving, equipping, reconstructing, rehabilitating, restructuring, and extending streets and mobility infrastructure related purposes in downtown Allen, including intersections, sidewalks, curbs, pedestrian ways, bicycle ways, streetscapes, signalization, signage, other traffic and signal controls, street lighting, landscaping, median improvements, and related improvements and the acquisition of land, easements, rights-of-way, and other real property interests necessary therefor or incidental thereto, such bonds to mature serially or otherwise over a period not to exceed 30 years from their date of issuance, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the principal of and interest on the bonds?” PROPOSITION E “SHALL the City Council of the City of Allen, Texas, be authorized to issue general obligation bonds of the City in the aggregate principal amount of $83,000,000 for permanent public improvements and public purposes, to wit: acquiring, constructing, renovating, improving, expanding and equipping police facilities, including a new police headquarters facility and emergency dispatch office (and any necessary or related demolition and removal of existing facilities for such purpose), and the acquisition of land, easements, rights-of-way, and other real property interests necessary therefor or incidental thereto, such bonds to mature serially or otherwise over a period not to exceed 30 years from their date of issuance, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable Ordinance No. , Page 2 95  property in said City sufficient to pay the principal of and interest on the bonds and the cost of any credit agreements executed in connection with the bonds?” and WHEREAS, the City Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to the City Council by the judges and clerks holding and conducting such election; the poll lists and the official election returns showing separately the votes cast in the election; and WHEREAS, from these returns, this City Council hereby finds that the following votes were cast in the election by voters who were resident, qualified voters of the City: PROPOSITION A “THE ISSUANCE OF $47,000,000 CITY OF ALLEN, TEXAS GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS INCLUDING ASSOCIATED NEIGHBORHOOD STREETSCAPES, SCREENING WALLS, STREETLIGHTS, PEDESTRIAN INTERSECTIONS AND CROSSINGS AND ADA IMPROVEMENTS AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS” For Against Early Votes Mail Votes Election Day Votes TOTAL PROPOSITION B “THE ISSUANCE OF $17,000,000 CITY OF ALLEN, TEXAS GENERAL OBLIGATION BONDS FOR IMPROVEMENTS TO FORD PARK, INCLUDING ATHLETIC FIELDS AND SPORT COURTS AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS” For Against Early Votes Mail Votes Election Day Votes TOTAL PROPOSITION C “THE ISSUANCE OF $1,500,000 CITY OF ALLEN, TEXAS GENERAL OBLIGATION BONDS FOR PUBLIC ART PROJECTS AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS” For Against Early Votes Mail Votes Election Day Votes TOTAL Ordinance No. , Page 3 96  PROPOSITION D “THE ISSUANCE OF $8,000,000 CITY OF ALLEN, TEXAS GENERAL OBLIGATION BONDS FOR DOWNTOWN STREET AND MOBILITY INFRASTRUCTURE IMPROVEMENTS AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS” For Against Early Votes Mail Votes Election Day Votes TOTAL PROPOSITION E “THE ISSUANCE OF $83,000,000 OF CITY OF ALLEN, TEXAS GENERAL OBLIGATION BONDS FOR POLICE FACILITIES, INCLUDING A NEW POLICE HEADQUARTERS FACILITY AND EMERGENCY DISPATCH OFFICE AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS” For Against Early Votes Mail Votes Election Day Votes TOTAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS THAT: SECTION 1: The City Council officially finds, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, that the election was duly and legally held, that all resident, qualified voters of the City were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the City Council has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the order calling the election. SECTION 2: A MAJORITY of the resident, qualified voters of the City of Allen, Texas voting in such election, having voted FOR the authorization and issuance of $47,000,000 bonds and the levy and pledge of the tax in payment thereof as provided in Proposition A, the City Council hereby finds and determines that Proposition A carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the City Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in Proposition A and with law. SECTION 3: A MAJORITY of the resident, qualified voters of the City of Allen, Texas voting in such election, having voted FOR the authorization and issuance of $17,000,000 bonds and the levy and pledge of the tax in payment thereof as provided in Proposition B, the City Council hereby finds and determines that Proposition B carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the City Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in Proposition B and with law. Ordinance No. , Page 4 97  SECTION 4: A MAJORITY of the resident, qualified voters of the City of Allen, Texas voting in such election, having voted AGAINST the authorization and issuance of $1,500,000 bonds and the levy and pledge of the tax in payment thereof as provided in Proposition C, the City Council hereby finds and determines that Proposition C failed at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law. SECTION 5: A MAJORITY of the resident, qualified voters of the City of Allen, Texas voting in such election, having voted FOR the authorization and issuance of $8,000,000 bonds and the levy and pledge of the tax in payment thereof as provided in Proposition D, the City Council hereby finds and determines that Proposition D carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the City Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in Proposition D and with law. SECTION 6: A MAJORITY of the resident, qualified voters of the City of Allen, Texas voting in such election, having voted FOR the authorization and issuance of $83,000,000 bonds and the levy and pledge of the tax in payment thereof as provided in Proposition E, the City Council hereby finds and determines that Proposition E carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the City Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in Proposition E and with law. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 8: All orders and Ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. SECTION 9: This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Ordinance shall be in force and effect from and after its final passage and it is so resolved. Ordinance No. , Page 5 98  PASSED, ADOPTED, AND APPROVED on November 14, 2023, the date of the canvassing meeting. CITY OF ALLEN, TEXAS __________________________________________ Baine L. Brooks, Mayor ATTEST: Shelley B. George, City Secretary (CITY SEAL) Ordinance No. , Page 6 99  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Conduct a Public Hearing and adopt an Ordinance to amend the development and use regulations for Lot 5, Block B, Starcreek Commercial, located in Tract A1 of Planned Development No. 52 with a base zoning of Corridor Commercial. [Starcreek Surgical Center] STAFF RESOURCE: Matt Bechtlufft, Planner BOARD/COMMISSION ACTION: May 6, 2008 - Final Plat Approved PREVIOUS COUNCIL ACTION: March 23, 2004 - Planned Development No. 92 - Approved - Ordinance 2272-3-04 February 9, 2016 - Planned Development No. 92 - Approved - Ordinance 3353-2-16 STRATEGIC PLANNING GOAL: Vibrant Community with Lively Destinations and Successful Commercial Centers. BACKGROUND The subject property is generally located south of State Highway 121 and east of Watters Road. The surrounding properties are zoned as follows: North (across SH 121): City of McKinney East, South, and West: Planned Development No. 92 (PD-92) with a base zoning of Corridor Commercial (CC) The subject property is zoned PD-92 with a base zoning of CC. The original ordinance for PD-92 established the location of the subject property as CC zoning designation. In 2016, PD-92 was amended to include new permitted uses, as well as explicitly prohibit Medical Clinic purposes from operating at the subject property. The applicant is requesting to amend the current zoning in order to remove the language prohibiting Medical Clinic purposes from taking place at the subject property. According to the Allen Land Development Code, Medical Clinic use is permitted through a Specific Use Permit application. The applicant has provided a concept plan that has been reviewed by the Technical Review Committee. Finally, the request has been reviewed by the Technical Review Committee and is in general conformance with the Allen Land Development Code. STAFF RECOMMENDATION Staff recommends approval. MOTION I make a motion to approve Ordinance No. ____________ to amend Planned Development No. 92. 100 ATTACHMENT(S) Ordinance Draft Minutes Property Notification Map 101  ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP AS PREVIOUSLY AMENDED BY AMENDING THE DEVELOPMENT REGULATIONS RELATING TO THE USE AND DEVELOPMENT OF LOT 5, BLOCK B, STARCREEK COMMERCIAL, LOCATED IN AND SUBJECT TO THE REGULATIONS OF TRACT A-1 OF PLANNED DEVELOPMENT “PD” 92 BY ADDING AND ALLOWING SAID PROPERTY TO BE USED FOR MEDICAL CLINIC USE; AND ADOPTING A CONCEPTUAL SITE PLAN; PROVIDING FOR A CONFLICTS RESOLUTIONS CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously adopted, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as amended, shall be further amended by amending, as set forth in Section 2 of this Ordinance, the regulations relating to the use and development of Lot 5, Block B, Starcreek Commercial, an addition to City of Allen, Collin County, Texas, according to the plat thereof recorded Cabinet 2008, Page 354, Plat Records, Collin County, Texas (“the Property”) located in Tract A-1 of Planned Development “PD” No. 92 Corridor Commercial “CC” (“PD-92”). SECTION 2. The Property shall be developed and used in accordance with applicable provisions of the Allen Land Development Code, as amended, (“ALDC”) and Tract A-1 of Planned Development “PD” No. 92; provided, however, in addition to the uses permitted in Tract A-1 of PD 92, and notwithstanding Section 2.B. of Ordinance No. 3353-2-16, the Property may be developed and used for Medical Clinic purposes and shall only be in accordance with the Conceptual Site Plan, attached hereto as Exhibit “A” and incorporated herein by reference. For purposes of this Ordinance, the definition of “Medical Clinic” set forth in the ALDC and not Ordinance No. 3353-2-16 shall control. SECTION 3. To the extent of any irreconcilable conflict with the provisions of this ordinance and other ordinances of the City of Allen governing the use and development of the Property and which are not expressly amended by this ordinance, the provisions of this ordinance shall be controlling. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase, or section of this ordinance, or of the Allen Land Development Code Zoning Regulations, as amended hereby, be adjudged, or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development Code Zoning Regulations, as amended hereby, which shall remain in full force and effect. 102 SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS 14TH DAY OF NOVEMBER 2023. APPROVED: Baine L. Brooks, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. George, TRMC, CITY SECRETARY (kbl:9/29//2023:4895-7806-1684v1) Ordinance No. , Page 2 103  104 EXHIBIT "A" SITE PLAN NOTES: 1. Applicant shall comply with City Ordinance, Chapter 6, Health and SUMMARY TABLE Environment; Article III, Solid Waste; Sections 6-51 to 6-80. ALLOW/REQD PROPOSED 2. Applicant shall comply with all irrigation regulations in V.T.C.A. ZONING PD-92 Administrative Code Title 30, Chapter 344 rules established by the State of USE Vacant Amb. Surgery Center Texas, and requirements for irrigation design and water conservation set in the LOT AREA 73,843 sq.ft. / 1.69 acres Allen Land Development Code Section 7.05.6, and the City of Allen Water BUILDING AREA TOTAL ----- 13,232 sq.ft. Conservation and Drought Contingency and Emergency Response Plan. LOT COVERAGE ----- 17.92% FLOOR AREA RATIO ----- 0.18:1 BUILDING HEIGHT 12 stories / 160' 1 story / 25'-0" IMPERVIOUS SURFACE ----- 46,011 sq.ft. LANDSCAPE AREA 10%/7,384 sq.ft. 38%/27,832 sq.ft. N PARKING TOTAL 4.5/1000 Medical Clinic 60 spaces 61 spaces VICINITY MAP NOT TO SCALE 10' U.E. Floodway - Lot 2X, Block B 25250 Starcreek Commercial Addition Doc. No. 200610240015 D.R.C.C.T. FPCRE, LLC 162,089 sq.ft. / 3.721 acres ZONED PD-92 pr ox 10' WE Pe 10 ima 25310 r F 0- te Doc. No. 200610240015 EM Ye Lo D.R.C.C.T. 672 2' Step-Out a c Da A C r Fl atio 673 Strip te ase oo n d d F Ju No pla ully ly . 0 in D 31 6 Li ev , 2 -06 mi el 00 -B ts op No 20' 6 673 8 6 43 ed Ap 0P Cou rth Te Right- nty xas of-W Cle Mu 7 rk's nici ay Ea 08 10 Fi pal sem 24'-0" FIRELANE 06 'x1 D.R le No. Wate ent ' R54 13 0' 01 W 00 E 0 .C.C 200 r D 02 20 5-0 istri 21 08 24 .T. 0 06 ' F 25' Landscape 077 ct 7 20 13 AD 01 U Easement 596 R3 R30 00 E 0' ' 02 21 1 67 4 100' Building Setback 674 67 8 67 5 WE 672 2 5 67 20080613010002210 675 6 Generator WAY 121 Curb Stop 24' FADUE Enclosure 20080613010002210 673 STATE HIGH 367 6 76 4' R5 911 SH 121 1 Story / 25' 9 New 5'-0" Sidewalk (A VARIABL 13,232 sqft ' 6 R30 E WIDTH ROW) Ambulatory Surgery Center 675 Lot 5, Block B 674 Starcreek Commercial Addition Commercial - Lot 1, Block B 677 10'x10' WE Hope For Ever, LLC Starcreek Commercial Addition R30 20080613010002210 73,843 sq.ft. / 1.69 acres 679 ' ZONED PD-92 CNMK Texas Properties 67,203 sq.ft. / 1.542 acres 2 675 ZONED PD-92 675 5' Building Setback Vacant - Lot 6, Block B Starcreek Commercial Addition 678 10'x10' Masonry Enclosure Azam Amaanah, LLC 673 w/ 8' walls & solid metal 108,203 sq.ft. / 2.484 acres doors opening 120 degrees ZONED PD-92 0 20' 40' 60' 1 CONCEPTUAL SITE PLAN 1" = 20' Prj. #23181 ISSUE RECORD STAMP: LEGEND: CONTACTS: Date: H DATE: ISSUED FOR: COMMENTS: BL = Building Line OWNER OF RECORD: APPLICANT: SURVEYOR: 08-24-2023 I P IHP Engineering, LLC DE = Drainage Easement FADUE = Firelane, Access, Hope For Ever, LLC IHP Engineering, LLC GEONAV Starcreek Surgical Center Scale: 210 Industrial Drive Drainage & Utility Easement 1360 Star Court, Suite T1 210 Industrial Drive 3410 Midcourt Road Lot 5, Block B, a 1.69 acre tract in the 1" = 20' Forney, TX 75126 LE = Landsacape Easement E G R.O.W. = Right of Way Plano, TX 75074 Forney, TX 75126 Suite 110 George Fitzhugh Survey, Abstract No. 321 Drawn By: N IN p: 817-448-5034 SSE = Sanitary Sewer P: 817-448-5034 Carrollton, TX 75006 911 State Highway 121 N. P. K. G IN TBPE #F-21256 Easement E: info@ihpengineering.com P: 972-243-2409 City of Allen, Collin County, TX 75013 EER WE = Waterline Easement UE = Utility Easement Page: C 1 of 1 Drawing File: 911 SH 121_ZONING.DWG Attachment C - PD/PD Amendment Concept Plan Ordinance No. _______, Page 3  Page 1 October 17, 2023 Planning and Zoning Commission Meeting Minutes Conduct a Public Hearing and consider a request to amend the regulations of Tract A1 of Planned Development No. 92 with a base zoning of Light Industrial, relating to the development and use of Lot 5, Block B, Starcreek Commercial, commonly known as 911 State Highway 121. [Starcreek Surgical Center] Mr. Bechtlufft, Planner, presented the item to the Commission and stated that staff recommends approval of the item. Nathan Glen, applicant, 555 Republic Drive, Plano, Texas spoke on the item. Chair Metevier opened the public hearing. With no one speaking, Chair Metevier closed the public hearing. The Commission discussed the following: • Clinic services; • Definition change; and • Adjacent zoning. Motion: Upon a motion by Commissioner Kathuria, and a second by Commissioner Cook, the Commission voted 7 IN FAVOR and 0 OPPOSED to recommend approval of an ordinance to amend Planned Development No. 92, as presented. The motion carried. ATTENDANCE: Commissioners Present: Dan Metevier, Chair Michael Smiddy, 1st Vice-Chair Gary Stocker, 2nd Vice-Chair Kenneth Cook Sandeep Kathuria Cynthia Walker Danielle Westgard 105  7 6 3 4 5 1 2 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community STARCREEK SURGICAL CENTER 911 SH121 100 500 100 I Feet 200' Buffer Notification Properties Public Notification Map Subject Parcel Collin CAD Parcels Note: This map is for illustrative purposes only please contact Community Development for more details. 214-509-4160 106  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Conduct a Public Hearing and adopt an Ordinance to amend the development and use regulations for Lot 1, Block A, Schumacher Addition, located in Area 1 of Planned Development No. 3, with a base zoning of Light Industrial. [SHB Office] STAFF RESOURCE: Marc Kurbansade, Community Development Director BOARD/COMMISSION ACTION: June 26, 1986 - Final Plat Approved March 2, 2021 - Replat Approved PREVIOUS COUNCIL ACTION: October 19, 1981 - Planned Development No. 3 - Approved - Ordinance 368-10-81 February 12, 2008 - Planned Development No. 3 - Approved - Ordinance 2701-2-08 July 14, 2020 - Planned Development No. 3 - Approved - Ordinance 3758-7-20 STRATEGIC PLANNING GOAL: Vibrant Community with Lively Destinations and Successful Commercial Centers. BACKGROUND The subject property is generally located at the southwest corner of Prestige Circle and Greenville Avenue. The surrounding properties are zoned as follows: North (across Prestige Circle): Planned Development No. 3 (PD-3) with a base zoning of Light Industrial (LI) East (across Greenville Avenue): Planned Development No. 46 with a base zoning of Community Facilities South: PD-3 with a base zoning of LI West: PD-3 with a base zoning of Shopping Center The subject property is zoned PD-3 with a base zoning of LI. The original ordinance established a list of permitted uses, however, amended by Ordinance 2701-2-08 to include LI zoning designation permitted uses as allowed uses. In 2020, the latest approved ordinance amended PD-3 by adopting a concept plan and building elevations. Since then, the property remained in accordance with the concept plan and building elevations and has followed the permitted uses of the LI zoning district. The applicant is requesting to amend the current zoning in order to introduce new permitted uses. The proposed new permitted uses are: Massage Establishments, Medical Clinic, and Medical or Dental Office, all of which are currently not allowed in the LI zoning district. The request has been reviewed by staff and the current state of the subject property would support the demands of the proposed uses. STAFF RECOMMENDATION 107 Staff recommends approval. MOTION I make a motion to adopt Ordinance No. __________ to amend Planned Development No. 3. ATTACHMENT(S) Ordinance Draft Minutes Property Notification Map 108  ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE REGULATIONS RELATING TO THE DEVELOPMENT AND USE OF LOT 1, BLOCK A, SCHUMACHER ADDITION WITHIN AREA 1 OF PLANNED DEVELOPMENT “PD” NO. 3 WITH A BASE ZONING OF LIGHT INDUSTRIAL “LI” BY ADDING ADDITIONAL PERMITTED USES; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of Allen, Collin County, Texas, as previously amended, be further amended by amending the regulations of Area 1 of Planned Development “PD” No. 3 with a based zoning of Light Industrial, as amended, relating to the development and use of Lot 1, Block A, Schumacher Addition, an addition to the City of Allen, Collin County, Texas, according to the replat thereof recorded in Volume 2021, Slide 119, Map Records, Collin County, Texas (“the Property”) by authorizing the Property to be developed and used for Medical or Dental Office, Medical Clinic, and Massage Establishments purposes in addition to the uses for which the Property may otherwise be developed in Area 1 of Planned Development “PD” No. 3. SECTION 2. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Allen governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase, or section of this Ordinance, or the Allen Land Development Code Zoning Regulations, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of the said ordinance or the Allen Land Development Code Zoning Regulations, as amended hereby, which shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 5. Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations of 109 the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 6. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 14TH DAY OF NOVEMBER 2023. APPROVED: Baine L. Brooks, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. George, TRMC, CITY SECRETARY (kbl:9/29/2023:4871-5605-2355 v1) Ordinance No. , Page 2 110  Page 1 October 17, 2023 Planning and Zoning Commission Meeting Minutes Conduct a Public Hearing and consider a request to amend the regulations of Area 1 of Planned Development No. 3 with a base zoning of Light Industrial, relating to the development and use of Lot 1, Block A, Schumacher Addition, commonly known as 28 Prestige Circle. [SHB Office] Mr. Bechtlufft, Planner, presented the item to the Commission and stated that staff recommends approval of the item. Chair Metevier opened the public hearing. With no one speaking, Chair Metevier closed the public hearing. The Commission discussed parking requirements. Motion: Upon a motion by Commissioner Cook, and a second by 2nd Vice-Chair Stocker, the Commission voted 7 IN FAVOR and 0 OPPOSED to recommend approval of an ordinance to amend Planned Development No. 3, as presented. The motion carried. ATTENDANCE: Commissioners Present: Dan Metevier, Chair Michael Smiddy, 1st Vice-Chair Gary Stocker, 2nd Vice-Chair Kenneth Cook Sandeep Kathuria Cynthia Walker Danielle Westgard 111  3 4 PR ES TIG EC IR 2 35 15 14 13 32 9 12 11 28 19 29 1 30 18 17 31 16 24 23 25 10 26 22 7 27 21 AV 36 E 20 NV ILL E GR EE S 8 37 6 33 5 34 SHB ALLEN OFFICE PARK Subject Parcel 28 Prestige Cir. Notification Properties 100 50 0 Feet 100 - Note: This map is for illustrative purposes only please contact Community Development for more details. 214-509-4160 Public Notification Map 200' Buffer Collin CAD Parcels 112  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Conduct a Public Hearing and adopt a Resolution adopting the 2022-2023 Comprehensive Annual Performance Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program. STAFF RESOURCE: Erin Jones, Planning Manager PREVIOUS COUNCIL ACTION: July 12, 2022 - approved 2022-2023 Annual Action Plan - Resolution 3927-7-22(R) STRATEGIC PLANNING GOAL: Safe and Livable Community for All. BACKGROUND The CAPER is a summary of the results and accomplishments of the programs funded through the CDBG Program for the 2022-2023 program year. HUD requires this report and reviews how the previous year's programs have implemented the goals established in the five-year Consolidated Plan and further refined in the annual Action Plan. The public hearing is an opportunity for citizens to comment on the report. The draft CAPER was advertised in The Allen American and has been on the City's website for review and comment since October 22, 2023. As of the date of drafting this report, no comments have been received. Once the CAPER is approved by the City Council, it will be submitted to HUD for approval. STAFF RECOMMENDATION Staff recommends approval. MOTION I make a motion to approve Resolution No. ________________________ approving the 2022-2023 Comprehensive Annual Performance Evaluation Report (CAPER). ATTACHMENT(S) Resolution City of Allen 2022-2023 Caper Summary 113  RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2022-2023 COMPREHENSIVE ANNUAL PERFORMANCE EVALUATION REPORT (CAPER); AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Allen City Council recognizes the importance of neighborhood integrity, decent housing and a suitable living environment and has implemented programs to address these needs through participation in the Community Development Block Grant (CDBG) Program; and, WHEREAS, the City of Allen has implemented programs in compliance with the requirements of the U.S. Department of Housing and Urban Development; and, WHEREAS, the Allen City Council has undertaken a public participation process including consultation with public service providers, input from residents and public hearings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. In order to fulfill the requirements of the Community Development Block Grant Program of the City of Allen, the City Council of the City of Allen, Texas, hereby approves the 2022-2023 CAPER. SECTION 2. The Mayor of the City of Allen, along with the City Manager, is hereby authorized to submit the 2022-2023 CAPER to the U.S. Department of Housing and Urban Development (HUD) for review and approval. SECTION 3. Any prior Resolution of the City Council in conflict with the provisions contained in this Resolution are hereby repealed and revoked. SECTION 4. Should any part of this Resolution be held to be invalid for any reason, the remainder shall not be affected thereby, and such remaining portions are hereby declared to be severable. SECTION 5. This Resolution shall take effect immediately from and after its passage and it is so duly resolved. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 14TH DAY OF NOVEMBER 2023. APPROVED: Baine L. Brooks, MAYOR ATTEST: _________________________________________ Shelley B. George, CITY SECRETARY 114  City of Allen 2022-2023 COMPREHENSIVE ANNUAL PERFORMANCE EVALUATION REPORT (CAPER)- SUMMARY CR-05 - Goals and Outcomes Progress the jurisdic�on has made in carrying out its strategic plan and its ac�on plan. 91.520(a) This was the nineteenth year that the City of Allen has successfully administered Community Development Block Grant (CDBG) funded programs. The results of this program year were posi�ve. Overall, the en�tlement program met the goals established in the Consolidated Plan. 86% of the awarded grant funds were spent within the plan year and the remaining 14% have been programed and will be spent within the first quarter of Fiscal Year 2024. Comparison of the proposed versus actual outcomes for each outcome measure submited with the consolidated plan and explain, if applicable, why progress was not made toward mee�ng goals and objec�ves. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objec�ves, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each grantee’s program year goals. Table 1 - Accomplishments – Program Year & Strategic Plan to Date Goal Category Source / Indicator Unit of Expected Actual – Percent Expected Actual – Percent Amount Measure – Strategic Complete – Program Complete Strategic Plan Program Year Plan Year Home Homeowner Household Affordable Rehabilita�on CDBG $ Housing Housing 50 66 132% 10 13 130% Housing Program Rehabilitated Unit Homebuyer Affordable CDBG $ Other Other 100 67 67% 20 14 70% Educa�on Housing Affordable Homelessness Persons Human Services Housing CDBG$ 500 353 71% 100 93 93% Preven�on Assisted Homeless 2022-2023 CAPER Summary -DRAFT To be Presented to City Council on November 14, 2023 Last Revised: October 24, 2023 115 Assess how the jurisdic�on’s use of funds, par�cularly CDBG, addresses the priori�es and specific objec�ves iden�fied in the plan, giving special aten�on to the highest priority ac�vi�es iden�fied. Below is a summary of the accomplishments and expenditures for each priority need from this program year. Home Repair Program • Consolidated Plan Goal: The City will provide financial assistance for rehabilita�on and repair of owner-occupied units. It is an�cipated that 50 dwellings will be rehabbed or repaired at a rate of 10 per year. • Results: 10 families received assistance with 2022-2023 funds in the amount of $290,175.54 and 11 received assistance with previous year funds in the amount of $176,274.21 for a total of 21 projects and $466,449.75 expended. Public Service Funding • Consolidated Plan Goal: Provide support to public service agencies for all classifica�ons of very low to moderate-income persons. Services may include emergency assistance with rent and u�li�es, counseling, food, and clothing, homeless preven�on, transporta�on services, youth services, shelter for batered women, and hot meals for the elderly. • Results: 195 families received assistance through public service agencies. • Expenditures: $156,957.00 2022-2023 CAPER Summary -DRAFT To be Presented to City Council on November 14, 2023 Last Revised: October 24, 2023 116  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Confirm appointments of members of the Allen City Council as Board Members to fill vacancies on the Allen Economic Development Corporation and Allen Convention and Visitors Bureau Advisory Board as nominated by Mayor Brooks. STAFF RESOURCE: Shelley B. George, City Secretary STRATEGIC PLANNING GOAL: Financially Sound and Transparent City Government. BACKGROUND Due to the recent vacancy declared in Council Place No. 1, Mayor Brooks will nominate members of the Allen City Council to fill vacancies in Council seats on the Allen Economic Development Corporation and Allen Convention and Visitors Bureau Advisory Board in accordance with Section 1.3 of the City Council Rules of Order and Procedure which states: "At the commencement of the City Council, the Mayor nominates and the City Council confirms Councilmember appointments to outside agencies, committees, task forces, boards and commissions, and liaison appointments. Councilmembers provide a link for representing the values, beliefs and position of the City Council to these entities. The representative will periodically report to the City Council on the activities of these organizations." STAFF RECOMMENDATION Staff recommends approval. MOTION I make a motion to confirm the appointment of ____________ to fill the unexpired term in Place No. 1 on the Allen Economic Development Corporation and _____________ to fill the unexpired term in Place No. 3 on the Allen Convention and Visitors Bureau Advisory Board as nominated by Mayor Brooks. 117  CITY COUNCIL REGULAR MEETING AGENDA COMMUNICATION AGENDA DATE: November 14, 2023 AGENDA CAPTION: Items of Interest. STRATEGIC PLANNING GOAL: Engaged and Connected Allen Community. 118