City of Canyon Commission Meetings

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet at 4:30 p.m. on Monday, the 4th day of March 2024 in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items. The meeting is broadcast on YouTube. YouTube does provide closed captioning on the recorded video, it is not provided real-time. 1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Approval of the Minutes of the Special Meeting of February 14, 2024. 5. Approval of the Minutes of the Special Meeting of February 26, 2024. 6. Public Comment – Comments from Interested Citizens. 7. Consider and Take Appropriate Action on Ordinance No. 1201, Amendment to the Subdivision Regulations, An Ordinance of the Canyon City Commission Amending Ordinance No. 1172 as Well as All Other Ordinances in Conflict Herewith Revising the Subdivision Regulations of the City of Canyon, Texas; Amending Chapter 9.02 of the Code of Ordinances of the City of Canyon, Texas; Providing a Severability Clause; and Establishing an Effective Date. 8. Consider and Take Appropriate Action on Bids Received for Sealcoating – 2024 Project. 9. Consider and Take Appropriate Action Related to a Request from the Police Department for the expenditure of CCP Chapter 59 Seized Funds for the Purchase of Emergency Response Team Training and Travel. 10. Consider and Take Appropriate Action on the Purchase of a Motor Grader for the Street Department from Warren Cat. 11. Consider and Take Appropriate Action on the Purchase of Golf Course Utility Vehicles from James Bros. Implement Company, Inc. 12. Consider and Take Appropriate Action on Resolution No. 05-2024, In Accordance with Chapters 791 of the Texas Government Code and 271 of the Texas Local Government Code, the City Commission of the City of Canyon, Texas Does Hereby Make the Following Resolution Approving the Terms and Conditions of an Interlocal Agreement Between the City of Canyon, Texas and the Region 16 Service Center, Which Serves as the Sponsor of TexBuy, a Cooperative Purchasing Program for Goods and Services (“The Agreement”) Designating the City of Canyon’s Chief Executive Officer or the Chief Executive Officer’s Designee, as Official Representative of the City of Canyon Relating to the Program. 13. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Board Appointments (Capital Improvement Advisory Committee), §551.087 Deliberation Regarding Economic Development and §551.072 Deliberations on Real Property. 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. 15. Adjourn. City of Canyon  Joe Price Joe Price, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 1st day of March 2024. Gretchen Mercer, City Clerk City of Canyon City Commission Special Meeting February 14, 2024 The City Commission of the City of Canyon met in regular session at 1:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Pro-Tem Cody Jones presided over the meeting with the following Commissioners in attendance: Robyn Cranmer, and Danny Potter. Mayor Gary Hinders and Commissioner Paul Lyons were unable to attend. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, Purchasing Manager Beau Boyer and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Pro-Tem Jones called the meeting to order at 1:30 pm. Item 2. Invocation. Commissioner Potter gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Cranmer. Item 4. Approval of the Minutes of the Meeting of February 5, 2024. Commissioner Potter moved, duly seconded by Commissioner Cranmer to approve the minutes of February 5, 2024 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No Comments were made. Item 6. Consider and Take Appropriate Action on Bids Received for Ground Storage Tanks for the Palo Duro Creek Golf Course Irrigation System. Purchasing Manager Beau Boyer presented bids received for Palo Duro Creek Golf Course water storage tanks. Mr. Boyer said bids were received from Contain Water Systems and S&S Services. BIDDER BID AMOUNT Contain Water Systems $546,599.00 S&S Services $704,687.50 Mr. Boyer said it was staff’s recommendation to award the bid to Contain Water Systems selecting Option 2 tanks (Bolted Steel Tanks) for a bid amount of $546,599.00. After discussion, Commissioner Potter moved, duly seconded by Commissioner Cranmer to award the bid for Palo Duro Creek Golf Course water storage tanks to Contain Water Systems with Option City Commission Meeting February 14, 2023 Page 2 of 2 2 Bolted Steel Tanks with a bid amount of $546,599.00 as recommended by staff. Motion carried unanimously. Item 7. Consider and Take Appropriate Action on the Sale of Water Rights in Section 48, Block 6, I&GN RR Co. Survey to Corman Holdings LLC Consisting of Approximately 416 Acres. City Attorney Chuck Hester presented a contract for the sale of City of Canyon owned water rights consisting of approximately 416 acres. Mr. Hester gave a brief history of the property stating the city purchased the property in 2018 for $667,000 and it is recommended to sell the property at this time due to current surface use making the property less desirable for the development of a well field. Mr. Hester stated the sale price would recoup the City’s expense of original purchase. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to approve the sale of Water Rights to Corman Holdings LLC as outlined in the presented contract and authorizing the City Manager to represent the city in all matters pertaining to the contract. Motion carried unanimously. Item 8. Adjourn. There being no further business, Commissioner Cranmer moved this meeting be adjourned at 1:37 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary City Commission Special Meeting February 26, 2024 The City Commission of the City of Canyon met in regular session at 4:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance: Mayor Pro-Tem Cody Jones, Robyn Cranmer, Danny Potter and Paul Lyons. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, Purchasing Manager Beau Boyer, Canyon Economic Development Director Stephanie Tucker, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:33 pm. Item 2. Invocation. Mayor Pro-Tem Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Lyons. Item 4. Public Comment – Comments from Interested Citizens. No Comments were made. Item 5. Executive Session Pursuant to §551.071 Consultation with Attorney, and §551.072 Deliberations of Real Property Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:45 pm. Item 6. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 6:46 pm, the following action was taken. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to authorize City Attorney Chuck Hester to seek co-council with Underwood Law Firm. Motion carried unanimously. Item 7. Adjourn. There being no further business, Commissioner Cranmer moved this meeting be adjourned at 6:47 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary AGENDA ITEM 7 AGENDA To: Joe Price, City Manager From: Lucas Raley, Director of Planning and Development Date: March 4, 2024 Re: Consider and Take Appropriate Action on Presentation of Plat Approval Authority and Ordinance No. 1201. HB 3699 was passed by the Texas State Legislature last year. This bill took effect September 1, 2023. The Bill made several updates to the Regulation of Subdivisions for municipalities. One of the updates included in the bill is the change in Platting Approval Authority. Previously, all plats containing more than four (4) lots required approval by the P&Z and City Commission. This approval is “ministerial” meaning that any plat presented to P&Z or City Commission has already met the requirements for approval, and the governing body cannot deny the plat. HB 3699 now authorizes municipalities to delegate to one or more employees of the municipality that ability to approve, approve with conditions, or disapprove a plat. This change is significant and would produce the following benefits: • Greatly reduce the development timeline, especially given the City Commission’s infrequent meeting schedule around the end/beginning of each calendar year. • Allow the development community flexible submission dates. • Save staff a lot of time in preparing agenda memos, staff reports, and all documents related with the meetings for P&Z and City Commission. • Allow Staff to be nimbler in working with developers to meet deadlines and correct errors in submissions. • Allow the P&Z to focus on other Planning and Zoning efforts for Canyon, without spending excess time reviewing consent items. This change is popular among many cities across the state. For example, Georgetown and Argyle have both made this move to administrative approval. City staff strongly recommends this change prescribed by state law, and sees only beneficial outcomes for the city and the Development Community. In light of the above information, I recommend that the City of Canyon amend Section 9.02.001 of the Code of Ordinances to delegate all Plat Approvals to the Director of Planning and Development, establishing the P&Z as the body responsible to consider appeals. RECOMMENDED MOTION “I move to adopt/reject Ordinance No. 1201” City of Canyon  ORDINANCE NO. 1201 Amendment to the Subdivision Regulations AN ORDINANCE OF THE CANYON CITY COMMISSION AMENDING ORDINANCE NO. 1172 AS WELL AS ALL OTHER ORDINANCES IN CONFLICT HEREWITH REVISING THE SUBDIVISION REGULATIONS OF THE CITY OF CANYON, TEXAS; AMENDING CHAPTER 9.02 OF THE CODE OF ORDINANCES OF THE CITY OF CANYON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Canyon has heretofore adopted Subdivision regulations under Ordinance 1172; and, WHEREAS, City staff have recommended that Final Plat Approval Authority be delegated to the Director of Planning and Development as provided by the State Legislature in HB 3699; and, WHEREAS, the City Commission after considering the amendment and recommendation from the Planning and Zoning Commission voted to approve the amendment to the Subdivision Regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. That Section 3.05 Subsection D. of the Subdivision Regulations is amended to read: D. Approval Process Authority to approve a Final Plat is hereby delegated to the Director of Planning and Development. The Director of Planning and Development shall: 1. Review the application and materials submitted to determine whether the Final Plat meets the Subdivision Regulations. 2. Act within thirty (30) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to 30-Day Action in accordance with 2.03. 30-Day Timeframe for Plat Approvals. a) If no decision is rendered by the Director of Planning and Development, or if the Director of Planning and Development has not deferred the application to the Planning and Zoning Commission for decision, within the thirty (30) day period described above or such longer period as may have been agreed upon, the Final Plat, as submitted, shall be deemed to be approved. 3. Take one of the following actions: a) Approve the Final Plat; or 1  b) Defer, for any reason, the Final Plat to the Planning and Zoning Commission and City Commission for consideration prior to expiration of the required 30-day approval period unless a Waiver of Right to 30-Day Action in accordance with 2.03. 30-Day Timeframe for Plat Approvals. c) Defer, due to lack of approval, the Final Plat to the Planning and Zoning Commission for consideration. The Director of Planning and Development cannot disapprove the Final Plat and shall be required to refer any Final Plat to the Planning and Zoning Commission within the statutory 30-day time frame for plat approvals. SECTION 2. Severability. If any provision, section, subsection, sentence, clause, or the application of the same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 3. Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 4. Penalty. It is an offense to violate any part of this ordinance, punishable upon conviction in accordance with Section 9.02.091 and 9.02.092 of the City of Canyon Code of Ordnances. SECTION 5. Effective Date. This ordinance shall take effect immediately from and after its passage. INTRODUCED AND PASSED at the regular meeting of the City Commission on the 4th of March, 2024. . Gary Hinders, Mayor ATTEST: Gretchen Mercer, City Clerk 2 AGENDA ITEM 8 AGENDA To: Joe Price, City Manager From: Chris Enriquez, Asst. Public Works Director Beau Boyer, Budget and Purchasing Manager Date: March 4, 2024 Re: Consider and Take Appropriate Action on Bids Received for Sealcoating – 2024 Project. On February 20, we opened bids for the annual street maintenance project. This year, due to increased costs, we’ve decided to go back to using chip seal as our preferred maintenance method. We received four bids. The target area this year will be all streets and avenues between 23rd and 28th Streets from 7th to 17th Aves. Also, for the first time since we’ve acquired them, the roadside parks south of town, are also included. A sketch of the project area attached. The total chip seal quantity shown is approximately is approximately 129,000 square yards or considerably less than the average of 175,000 sy per year, defined in our 10 year maintenance plan. Current volatility and the unknown of the current construction market caused the reduction in the bid quantity, so that we’d be sure to come in on budget. The low bid for this project was submitted by Freeman Paving of Vernon, TX, in the amount of $ 399,900.00, or a unit price of $3.10 per square yard. This compares to $3.12 per square yard when we last bid chip seal in 2021. This year, our estimates were based on $4.10 per square yard. Freeman has become a regular player in our work as they’ve had the project for four of our last six chip seal projects. A contract completion time of 90 days was also bid. The construction budget for this year was $ 575,000. This will leave us approximately $175,000 to add to the project and/or fund other work, namely the 11th Ave. and 28th St. intersection rehabilitation / drainage repair. A bid tabulation sheet and award recommendation from the Engineer is also attached. Staff recommends that the 2024 Sealcoating bid be awarded to Freeman Paving of Vernon, in the amount of $ 399,900.00. RECOMMENDED MOTION I move to award/reject the bid for the 2024 Sealcoating project to Freeman Paving of Vernon in the amount of $ 399,900. City of Canyon BID TABULATION SHEET Sealcoat 2024 Canyon, Texas February 20, 2024 2:00 P.M. HPCE No. 82854 BASE BID Freeman Paving G&G Operators Bryer's Paving Missouri Petroleum Products Estimated Unit Ext Unit Ext Unit Ext Unit Ext Item No. Description Quantity Unit Price Amount Price Amount Price Amount Price Amount Application of single course penetration 1 treatment using Type PB Grade 4 129,000 SY $ 3.10 $ 399,900.00 $ 3.85 $ 496,650.00 $ 4.11 $ 530,190.00 $ 4.45 $ 574,050.00 Aggregate BASE BID TOTAL $ 399,900.00 $ 496,650.00 $ 530,190.00 $ 574,050.00 Number of calendar days to complete project 90 90 45 5 AGENDA ITEM 9 AGENDA To: Joe Price, City Manager From: Steven Brush, Chief of Police Date: February 27, 2024 Re: Consider and Take Appropriate Action Related to a Request from the Police Department for the Expenditure of CCP Chapter 59 Seized Funds for the Purchase of Emergency Response Team Training and Travel. The Canyon Police Department has an Emergency Response Team of officers trained to deal with high-risk situations beyond the capabilities of the on-duty shift. The team consists of 6 officers and a supervisor. The TPCA Accreditation Program requires officers attend a Basic SWAT school before participating in operations. This is also a basic necessity to ensure the officers have the skills to function as part of the team. The department currently has three members of the team who have not completed this training. A basic SWAT school is scheduled to be held May 13-17, 2024 in Levelland, TX. The course is presented by P2 Concepts, a company we have used in the past to train our Emergency Response Team. This course will cover the basic topics required to begin participating in operations and build the foundation to continue learning and improving. The Police Department is requesting permission to use Code of Criminal Procedure Chapter 59 seized funds in the amount of $4,229.37 for our three officers to attend this training. The class tuition is $600.00 per officer for a total of $1,800.00. We have estimated the cost food for $50.00 per day per officer for a total of $750.00 and the cost for hotel rooms is $1,679.37. Chapter 59 of the Texas Code of Criminal Procedure authorizes and regulates the forfeiture of contraband by law enforcement agencies and the attorney representing the state. The Canyon Police Department through the City of Canyon Finance Department maintains a fund of money forfeitures. This fund is included in the city’s annual financial audit. The current fund balance after our last approved purchase in January 2024 is $17,824.22. Code of Criminal Procedure Chapter 59.06 prohibits expenditure of seized funds without the approval of the governing body. The use of funds for training and related expenses is allowed in the Code with Commission approval. RECOMMENDED MOTION I move to “authorize/deny” the use of funds from the Chapter 59 Seized Fund Account for Basic SWAT Training for three officers. City of Canyon AGENDA ITEM 10 AGENDA To: Joe Price, City Manager From: Beau Boyer, Budget and Purchasing Manager; Chris Enriquez, Assistant Director of Public Works; Brendon Banner, Street and Solid Waste Superintendent Date: March 4, 2024 Re: Consider and Take Appropriate Action on the Purchase of a Motor Grader for the Street Department from Warren Cat The fiscal year 2023-2024 budget includes $147,750 in the Capital Equipment Fund for the purchase of a motor grader for the street department. A motor grader is a piece of equipment used to scrape and shift material into level surfaces or precise mounds. The Street Department would use the motor grader to grade and re-grade alleys and R.A.P. roads in the city, maintain existing drainage ditches, and possible re-grading of ditches in developments similar to Spring Canyon A used 2014 motor grader priced through a Sourcewell cooperative contract is available to purchase for $136,870, including a $30,000 trade-in for the City’s 1982 motor grader. Street Department staff had an opportunity to inspect the equipment and receive training on its operation on February 27th. Equipment shown is the same model, but not the actual piece of equipment being discussed. 2023-2024 Budget Quote Price Total Purchase Price $147,750 $136,870 Golf Fund Annual Payment to $10,737 $9,946 Capital Equipment Fund It is the staff’s recommendation that the Commission authorize staff to purchase a motor grader from Warren Cat in the amount of $136,870. RECOMMENDED MOTION I move to authorize/not authorize the City staff to purchase a motor grader from Warren Cat in the amount of $136,870. City of Canyon AGENDA ITEM 11 AGENDA To: Joe Price, City Manager From: Beau Boyer, Budget and Purchasing Manager & John Haun, Golf Course Superintendent Date: March 4, 2024 Re: Consider and Take Appropriate Action on the Purchase of Golf Course Utility Vehicles from James Bros. Implement Company, Inc. On October 2, 2023 the Commission authorized the purchase of 3 Kubota TRV-X900WL-H Utility Vehicles from James Bros. Implement Company for a total purchase cost of $53,925.69. Unfortunately, the manufacturer stopped production of this model before the order could be fulfilled. A new quote has been obtained using a BuyBoard cooperative agreement for comparable equipment for a total purchase price of $54,024.06, which is $98.37 higher than the previously approved purchase, but still below the budgeted amount of $55,500. 2023-2024 October New Quote Budget Purchase Price Price Unit Price $18,500.00 $17,975.23 18,008.02 Total Purchase Price $55,500.00 $53,925.69 $54,024.06 Golf Fund Annual Payment to $11,655 $11,325 $11,346 Capital Equipment Fund This equipment would help provide the best experience for golfers and avoid the costly maintenance of current aging equipment. It is the staff’s recommendation that the Commission authorize staff to purchase golf course utility vehicles from James Bros. Implement Company in the amount of $54,024.06. RECOMMENDED MOTION I move to authorize/not authorize the City staff to purchase golf course utility vehicles from James Bros. Implement Company in the amount of $54,024.06. City of Canyon AGENDA ITEM 12 AGENDA To: Joe Price, City Manager From: Beau Boyer, Budget and Purchasing Manager Date: March 4, 2024 Re: Consider and take appropriate action on Resolution No. 05-2024, Approving the Terms and Conditions of an Interlocal Agreement Between the City of Canyon, Texas and the Region 16 Service Center to join TexBuy, a Cooperative Purchasing Program for Goods and Services. As a municipality in the State of Texas, the City of Canyon is required under Local Government Code 252 to administer competitive bid/proposal procedures before entering into most agreements with an expenditure of $50,000 or more from the City’s funds. Often, in order to fulfill this requirement, the City uses cooperative purchasing agreement in which the competitive bidding process has already been completed by another government entity, and the City is added to the existing agreement. Doing so saves City Staff time and resources that would be used to administer the process themselves, and increases the purchasing power of the entities that participate. Examples of cooperative agreements the City currently uses includes BuyBoard National Purchasing Cooperative and Sourcewell. TexBuy is a statewide purchasing cooperative hosted by Region 16 Education Service Center in Amarillo, and is the Texas representative of the national purchasing organization AEPA (Association of Educational Purchasing Agencies). By entering into an agreement with Region 16 the City will have access to a number of completely bid agreement and prices with local and national vendors. A list of current vendors may be found HERE. The available goods and services include, but are not limited to: playground equipment, office furniture and supplies, library resources, vehicles, construction, security and safety supplies, and software. There is no cost to the City to participate in TexBuy. This agreement would provide more options when making purchases and potentially streamline future procurements, however there is no specific contract within TexBuy that staff is pursing at this time. It is the staff’s recommendation that the Commission approve Resolution No. 05-2024. RECOMMENDED MOTION I move to adopt/deny Resolution No. 05-2024 as presented. City of Canyon  INTERLOCAL AGREEMENT for Participation in the Region 16 ESC Statewide Cooperative Purchasing Program Contracting Parties: City of Canyon, Texas School District/Governmental Entity AND Region 16 Education Service Center Texas Education Code §8.002 charges regional education service centers to provide services to enable school districts to operate more efficiently and economically. In order to increase the efficiency and effectiveness of purchasing operations, the Region 16 Education Service Center (“ESC 16”) and City of Canyon, Texas, School District/Governmental Entity (the “Entity”), collectively referred to as “the Parties,” enter into this Interlocal Agreement. I. Creation of the Cooperative Purchasing Program ESC 16, by this Agreement, agrees to serve as the sponsoring entity of a cooperative purchasing program (the “Program”) in conjunction with the above-named Entity and any other entity legally entitled to enter into the Program, which executes a similar agreement. The purpose of the Program shall be to obtain substantial savings for participating school districts and other governmental entities through executions of economies of scale and through seeking vendors on a regional, state, and nationwide basis. II. Authority Authority for the services provided under this Interlocal Agreement is granted under Government Code, Chapter 791, Subchapters A, B, and C; and Local Government Code, Chapter 271, Subchapter F, §§ 271.101 and 271.102. III. Termination This Interlocal Agreement (hereinafter the “Agreement”) is effective upon final execution by ESC 16 and shall automatically renew annually unless either party gives sixty (60) days prior written notice of non-renewal. This Agreement may be terminated without cause by either party upon (60) days prior written notice, or may also be terminated for cause at anytime upon written notice stating the reason for the termination and the effective date of such termination; however, the terminating party agrees to give the affected party a thirty (30) day period to cure any identified breach. The terminating party further agrees to make #484411 Page 1 of 4 any required payment to a vendor incurred during the time the party was a member of the Program. IV. Duties and Roles A. Role of the ESC 16 as Program Sponsor: (1) Provide for the organizational and administrative structure of the Program as Program Sponsor, by either using internal assets or through contracting with a third party to provide such matters. (2) Provide staff time necessary for efficient operation of the Program. (3) Provide for the initiation and implementation of activities related to the bidding and vendors selection process. (4) Provide members with procedures for ordering, delivery, and billing of goods and services available through the Program. B. Role of the Entity: (1) Commit to participate in the Program by taking all action necessary to authorize the execution of this agreement in the appropriate space below. (2) Designate a contact person for the Program who will act under the direction of and on behalf of the Entity. (3) Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member Entity. (4) Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Program. (5) Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. (6) Pay vendors in a timely manner for all goods and services received. (7) Pursue any disputes regarding the quality or quantity of a vendor’s goods and/or services directly with that vendor. V. General Provisions A. The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the Program contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such Program. B. This Agreement shall be governed by the law of the State of Texas and the Parties agree that venue shall be in the county in which the central administrative offices of ESC 16 are located. C. This Agreement contains the entire agreement of the Parties hereto with respect to #484411 Page 2 of 4  the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. D. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. E. The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from budgeted available funds for the current fiscal year of each such Entity. F. The Parties agree that payments made through this Agreement fairly compensate the performing party for any services or functions performed. G. Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to nonbinding mediation. H. Nothing contained in this agreement prohibits a Party from either creating other purchasing cooperatives or participating as a member of other purchasing cooperatives. I. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. J. This Agreement may be negotiated and transmitted between the Parties by means of a facsimile machine or e-mail and the terms and conditions agreed to by such means are binding upon the Parties. VI. Authorization ESC 16 and the Entity have entered into this Agreement to provide cooperative purchasing opportunities to public schools and other governmental entities and the governing boards of such entities delegate to the superintendent or chief executive officer of the Entity the discretion to determine that making purchases through the program provides the best value to the Entity. This Agreement was approved by the governing boards of the respective Parties at meetings that were posted and held in accordance with state law, including Chapter 551 of the Texas Government Code, commonly known as the Texas Open Meetings Act. VII. Non-Discrimination Clause It is the policy of ESC 16 and the Entity not to discriminate on the basis of age, race, religion, color, national origin, sex, or handicap in its programs, services, or activities as #484411 Page 3 of 4 required by Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended. The individuals signing below are authorized to do so by the respective parties to this Agreement. Entity ESC 16 By: By: Authorized Signature Authorized Signature CHIEF FINANCIAL OFFICER Title Title Date Date ANDREW PICKENS Entity Contact Person ESC 16 Contact Person DIRECTOR OF PURCHASING Title of Contact Title of Contact 5800 BELL STREET Street Address Street Address AMARILLO, TX 79109 City, State Zip City, State Zip 806-677-5040 Contact’s Telephone Number Contact’s Telephone Number andrew.pickens@esc16.net E-mail Address E-mail Address Please send two signed original Interlocal Agreements to Region 16 ESC, Attn: Andrew Pickens, Director of Purchasing, 5800 Bell Street, Amarillo, TX 79109-6230. Upon execution, a signed original will be returned to the Entity Contact Person listed above. #484411 Page 4 of 4  RESOLUTION NO. 05-2024 IN ACCORDANCE WITH CHAPTERS 791 OF THE TEXAS GOVERNMENT CODE AND 271 OF THE TEXAS LOCAL GOVERNMENT CODE, THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS DOES HEREBY MAKE THE FOLLOWING RESOLUTION APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CANYON, TEXAS AND THE REGION 16 SERVICE CENTER, WHICH SERVES AS THE SPONSOR OF TEXBUY, A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES (“THE AGREEMENT”) DESIGNATING THE CITY OF CANYON’S CHIEF EXECUTIVE OFFICER OR THE CHIEF EXECUTIVE OFFICER’S DESIGNEE, AS OFFICIAL REPRESENTATIVE OF THE CITY OF CANYON RELATING TO THE PROGRAM. WHEREAS, the City Commission of the City of Canyon, Texas finds it in the best interests of the City of Canyon to pool with other Governmental Entities and the Region 16 Service Center to increase its purchasing economy of scale; WHEREAS, the City Commission of the City of Canyon, Texas further finds it in the best interests of the City of Canyon to access low-cost goods and services advertised to potential vendors on a nationwide basis; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON: SECTION 1: The Terms and conditions of the agreement having been reviewed by the City Commission of the City of Canyon, Texas is found to be acceptable and in the best interests of the City of Canyon and its citizens and is hereby for all things approved. SECTION 2: The Chief Executive Officer of the City of Canyon or the Chief Executive Officer’s designee is hereby designated and authorized to act for the City of Canyon in all matters relating to the Agreement, including executing the Agreement on behalf of the City Commission of the City of Canyon. SECTION 3: The City Commission delegates to the City of Canyon’s Chief Executive Officer or the Chief Executive Officer’s designee, to the fullest extent allowed under Texas law, any and all authority to take any action to provide the City of Canyon with low-cost goods and services under the Agreement. Page 1 of 2  SECTION 4: It is the policy of Region 16 ESC, TexBuy and the City of Canyon not to discriminate on the basis of age, race, religion, color, national origin, sex, or handicap in its programs, services, or activities as required by Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended. SECTION 5: This resolution shall become effective from and after its passage. PASSED, APPROVED, AND ADOPTED, on this the 4th day of March 2024, at a regular meeting of the City Commission of the City of Canyon, Texas, which meeting was held in compliance with the Open Meetings Act, Tex Gov’ t Code, § 551.001, et.seq. at which meeting a quorum was present and voting. CITY OF CANYON, TX GARY HINDERS, MAYOR ATTESTED TO: GRETCHEN MERCER, CITY SECRETARY Page 2 of 2