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10.10.23 Town Council Regular Meeting PacketPage 1 of 4 ] Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assum es no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Recognize outgoing Board and Commission members. (MLS) CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 2. Consider and act upon the minutes from the September 26, 2023, Town Council Work Session meeting. (MLS) Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, October 10, 2023 6:15 PM Page 1 Page 2 of 4 3. Consider and act upon the minutes from the September 26, 2023, Town Council Regular meeting. (MLS) 4. Consider acceptance of the August 2023 monthly financial report. (RP) 5. Consider and act upon awarding RFP No. 2023-27-A to UBM Enterprises Inc. related to custodial services for Town facilities; and authorizing the Town Manager to execute a contract for services for the same. (CE) 6. Consider and act upon approving the purchase of pharmaceuticals and emergency medical supplies from Bound Tree Medical, LLC, at the unit prices bid through a City of Richardson contract. (SB) 7. Consider and act upon approving the purchase of uniforms and equipment from Galls, LLC through the City of Frisco cooperative best value bid (1905-082). (SB) 8. Consider and act upon approving the purchase of 13 Air-Pak X3 Pro SCBA’s from Municipal Emergency Services through the National Purchasing Partners (NPP) program. (SB) 9. Consider and act upon approving funding for expenses of scheduled and unscheduled maintenance and repairs by Siddons-Martin Emergency Group, LLC to fire department apparatus including fire engines and aerial trucks. (SB) 10. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to providing on-call traffic engineering services. (HW) 11. Consider and act upon authorizing the Town Manager to execute a License, Maintenance, and Hold Harmless Agreement between 390 West Broadway LLC, and the Town of Prosper, Texas, related to the installation and maintenance of a patio within the right-of-way of McKinley Street for the Blackhawk Brewery development. (HW) 12. Consider and act upon authorizing the Town Manager to execute a Roadway Impact Fee Agreement between DNT Frontier, LP, and the Town of Prosper, Texas, related to the construction of the DNT Backer Road to serve the DNT Frontier Retail Center development. (HW) 13. Consider and act upon an ordinance amending Article 3.19 – Fence Regulations of the Town of Prosper Code of Ordinances prohibiting screening of open fencing in certain locations. (CE) 14. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Orion RE Capital and the Town of Prosper relative to Pradera. (DH) CITIZEN COMMENTS The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment Request Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. Page 2 Page 3 of 4 REGULAR AGENDA: Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. [If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins.] Items for Individual Consideration: 15. Conduct a public hearing and consider and act upon an ordinance repealing Article 3.06, “Electrical Code”, of the Code of Ordinances of the Town of Prosper and replacing it with a new Article 3.06, “Electrical Code”. (DH) 16. Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain properties for right -of-way for the construction of the Coit Road (First-Frontier) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. (HW) 17. Consider and act upon authorizing the Town Manager to execute an agreement with the North Texas Tollway Authority (NTTA) for funding of improvements related to the extension of the Dallas North Tollway. (CE) 18. Consider and act upon a resolution expressing official intent to reimburse costs of Town Capital Improvement Program (CIP) projects that may be funded with proceeds of bonds or other obligations if those costs are paid prior to the issuance of such bonds or obligations. (RP) 19. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Adjourn. Page 3 Page 4 of 4 CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, October 6, 2023, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -1011 at least 48 hours prior to the meeting time. Page 4 Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called to order at 5:00 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Craig Andres Deputy Mayor Pro-Tem Marcus E. Ray Councilmember Amy Bartley Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Charles Cotten Staff Members Present: Mario Canizares, Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Hulon Webb, Director of Engineering Services David Hoover, Development Services Director Frank Jaromin, Director of Public Works Dan Baker, Director of Parks and Recreation Chris Landrum, Finance Director Items for Individual Consideration 1. Receive an overview of the Town’s Street Sweeping Program. (FJ) Mr. Jaromin presented an overview by indicating how many times the Town currently street sweeps its roads compared to how often TxDOT sweeps, who the Town currently contracts with, and the services provided under those contracts. The Town Council discussed the frequency of how often they would like certain areas of Town to be done, and for the staff to include the frontage roads on US 380 when going out to bid for the upcoming fiscal year. 2. Discussion regarding First Street (Coleman-Craig) design. (HW) Mr. Webb provided a recap of the presentations recently done regarding the stated project. Mr. Webb outlined three options to consider so that staff could move forward with the project. The Town Council discussed those options and how each one would potentially affect the area, as well as the size and location of the roundabout. The Town MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, September 26, 2023 Page 5 Item 2. Page 2 of 2 Council consensus was to move forward with the option of 53’ ROW with a 5-foot sidewalk on the northside, and a 10-foot hike and bike trail on the south side. 3. Receive an update on the Town’s plant replacement plan. (DB) Mr. Baker presented a plan of how the Town will aim to complete plant replacements by the end of November. Staff are also in the process of developing a plant list that is conducive to median environment and temperature. Examples were provided for context. The Town Council discussed the proposed list and requested for progress updates be provided within the weekly update. Adjourn. The meeting was adjourned at 5:56 p.m. These minutes were approved on the 10th day of October 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 2. Page 1 of 9 ] Call to Order/ Roll Call. The meeting was called to order at 6:15 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Craig Andres Deputy Mayor Pro-Tem Marcus E. Ray Councilmember Amy Bartley Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Charles Cotten Staff Members Present: Mario Canizares, Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Mary Ann Moon, Economic Development Director David Hoover, Development Services Director Hulon Webb, Director of Engineering Dan Heischman, Assistant Director of Engineering Services Pete Anaya, Assistant Director of Engineering Services Chris Landrum, Finance Director Whitney Rehm, Grants Administrator Frank Jaromin, Director of Public Works Leigh Johnson, IT Director James Edwards, Human Resources Director Todd Rice, Communications Manager Kellen Land, Help Desk Technician Doug Kowalski, Police Chief Scott Brewer, Assistant Police Chief Stuart Blasingame, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Cole Travis with Prestonwood Baptist Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Kern made the following announcements: A new resident mixer is being held by the Town for those who have moved to Prosper in the last six months this Thursday, September 28 from 4:00 to 7:00 p.m. on the south lawn of Town Hall. Residents will get an opportunity to meet staff and their neighbors. There will be entertainment for the kids and refreshments for the family. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, September 26, 2023 Page 7 Item 3. Page 2 of 9 National Night Out will be held on Tuesday, October 3 from 6 pm-9 pm. This is a fun opportunity to meet your neighbors by hosting a block party. Members of the Prosper PD, Prosper ISD PD, Prosper Fire Rescue, and First Responder Volunteers will be driving around to neighborhoods that want to participate. Sign up today by visiting www.prospertx.gov/nationalnightout. Join us for “Celebrate Prosper” on Saturday, October 7 from 5 to 9 p.m. at Frontier Park. Come relax outdoors and enjoy entertainment, food, and fun with your neighbors and friends. This is a free event presented by the Parks and Recreation Department with the support of sponsors and community partners. For more information, visit the Special Events page under the Parks and Recreation Department. Join fellow active adults 55+ to meet and greet Mayor Bristol at the annual Mayor’s luncheon on Wednesday, October 18 from 11 a.m. to 1 p.m. at the Church of Jesus Christ of Latter-Day Saints located at 970 N. Coit Road. Reserve your seat by contacting the Parks and Recreation Department at 972-569-1064. Registration is now open for the annual Prosper Veterans Day 5K & Fun Run. This event held on Saturday, November 11 is a salute to the men and women who have served in our nation’s military. All proceeds benefit the Prosper Veterans Memorial at Frontier Park. Register today by visiting prospertx.gov/veteransday5k. Deputy Mayor Pro-Tem Ray announced the PB Drive fundraiser being held through September 30. Presentations. 1. Presentation of a Proclamation to members of the Prosper Police and Fire Departments declaring October 3, 2023, as National Night Out. (MLS) Mayor Bristol read and presented a Proclamation to members of the Prosper Police and Fire Department recognizing National Night Out. 2. Presentation of a Proclamation to members of the Prosper Fire Rescue declaring the month of October 2023 as Fire Prevention month. (MLS) Mayor Bristol read and presented a Proclamation to members of the Prosper Fire Rescue recognizing October as Fire Prevention month. 3. Presentation of a Proclamation declaring the month of October 2023 as National Breast Cancer Awareness month. (MLS) Mayor Bristol read and presented a Proclamation to members of the Truman Breast Cancer Foundation recognizing the month of October as Breast Cancer Awareness month. CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda at the request of Council Members or staff. 4. Consider and act upon the minutes from the September 12, 2023, Town Council Work Session meeting. (MLS) 5. Consider and act upon the minutes from the September 12, 2023, Town Council Regular meeting. (MLS) Page 8 Item 3. Page 3 of 9 6. Consider acceptance of the July 2023 monthly financial report. (CL) 7. Consider and act upon purchasing a sanitary sewer easement at 302 N Parvin Street from property owner, David Maya; and authorize the Town Manager to execute documents for same. (FJ) 8. Consider and act upon an amendment to the Town’s Interlocal Agreements with Collin County for facility construction, use of an animal shelter, and animal control services for the 2024 fiscal year. (DH) 9. Consider and act upon approving a Services Agreement with Gray Reed Advisory Services, LLC, d/b/a GRPR, for Strategic Communications Planning and Crisis Communications Services, and authorize the Town Manager to execute the same. (RB) 10. Consider and act upon Ordinance 2023-62 to rezone 73.4± acres from Agriculture (A), a portion of Planned Development-40 (PD-40), and a portion of Single Family-12.5 (SF-12.5) to Planned Development-Single Family (PD-SF), generally to allow for a residential development, located on the southeast corner of Prosper Trail and Teel Parkway. (Z21-0010) (DH) 11. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Prosper 100 LP, Prosper Hills LLC, and the Town of Prosper relative to Prosper Hills, as described in Planned Development-123 (PD-123). (DEVAGREE-23-0012) (DH) 12. Consider and act upon authorizing the Town Manager to execute a Water Impact Fees Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP, PROSPER MEADOWS LP, and the Town of Prosper, Texas, related to the extension of water lines to serve the Park Place, Prosper Hills, and Prosper Meadows developments. (HW) 13. Consider and act upon authorizing the Town Manager to execute a Thoroughfare Impact Fees Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP, PROSPER MEADOWS LP, and the Town of Prosper, Texas, related to the construction of Teel Parkway, Prosper Trail, and Legacy Drive to serve the Park Place, Prosper Hills, and Prosper Meadows developments. (HW) 14. Consider and act upon authorizing the Town Manager to execute a Wastewater Impact Fees Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP, and the Town of Prosper, Texas, related to the extension of a wastewater line to serve the Park Place and Prosper Hills developments. (HW) 15. Consider and act upon authorizing the Mayor to execute an Amendment to Ultimate Boundary Line Agreement between the City of McKinney, Texas, and the Town of Prosper, Texas, related to the maintenance of improvements along Christie Farms Boulevard in the City of McKinney to serve the Christie Farms development. (HW) 16. Consider and act upon Ordinance 2023-63 amending the Town’s Subdivision Ordinance by amending Subpart (1) of Section (D), “Plat Required,” of Section 10.03.004, “Applicability,” to Comply with Revised Language contained in House Bill No. 3699; amending Subsection (B) of Section 10.03.034, “Director of Development Services,” relative to Authorizing the Director of Development Services to Approve or Deny Plats; amending Section 10.03.063, “30-day Time Frame for Plat Approvals,” to Reflect that the Right to 30-day Action for Plat Page 9 Item 3. Page 4 of 9 Applications Begins on the Filing Date and One or More 30-day Extensions shall be authorized; adding a Definition of “Filing Date,” amending the Definitions of “Approval” and “Plat,” and repealing the definitions of “Administratively Complete” and “Official Submission Date,” contained in Section 10.03.192, “Words and Terms Defined”; providing that the phrase “Official Submission Date” shall be replaced with the phrase "Filing Date” in Sections 10.03.084(f)(2) and 10.03.085(h)(2). (TW) 17. Conduct a public hearing to consider and act upon Ordinance 2023-64 amending Chapter 1, “General Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance, by Amending Subpart (E) of Subsection 7.11, “Amortization of Nonconforming Uses or Structures,” of Section 7, “Nonconforming Uses and Structures,” by Providing for Amortization Procedures consistent with Senate Bill 929, and Subpart (A), “Zoning Changes,” of Subsection 8.2, “Public Hearing and Notice,” of Section 8, “Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures,” by Providing for Notices relative to a Change in a Zoning Regulation that Could Result in a Nonconforming Use, Consistent with Senate Bill 929. (TW) 18. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plans including Prosper Business Park. (DH) Deputy Mayor Pro-Tem Ray requested to pull item 15. Councilmember Cotten made a motion to approve items 4 through 14, and items 16 through 18. Mayor Pro-Tem Andres seconded that motion. Motion carried unanimously. Deputy Mayor Pro-Tem Ray stated he would like to ensure the greenspace remains unaffected near the boundary line. Mr. Webb noted that Christie Farms maintains the track mentioned and would not be encroached upon. Deputy Mayor Pro-Tem Ray made a motion to approve item 15. Mayor Pro-Tem Andres seconded that motion. Motion carried unanimously. CITIZEN COMMENTS Ivanka Herrera, 1131 Belknap Way, yielded their time to Ms. Rauba. Ashley MacGorman, 4061 Marigold Lane. Mayor Bristol read written comments into the record supporting a stoplight to be installed at Gee and Acacia Road. James Russell, 1091 Cassiano Lane, yielded their time to Ms. Rauba. Joao Coelho, 4950 Dolorosa Lane, yielded their time to Ms. Rauba. Brandon Bogue, 951 Yellowcress Drive, stated his concerns regarding the intersection of Gee and Acacia Road, and the need to address how dangerous it has become. He requested the Town Council to take a further look at it. Gabriela Fatone, 1140 Pianzola Way, yielded their time to Ms. Rauba. Page 10 Item 3. Page 5 of 9 Laura Rauba, 4890 Milby Drive, presented and expressed concerns on behalf of the residents of their community regarding the intersection at Gee and Acacia Road. She stated that due to several accidents and the difficulty of crossing the road that continues to worsen that a longer- term solution is needed, including a reduced speed limit, and four-way traffic signal. Mr. Canizares indicated that the Police Department have installed speed trailers, are collecting data regarding this intersection, and the crosswalks have been restriped. Staff will continue to work with the HOA and its residents to find solutions. Items for Individual Consideration: 19. Conduct a public hearing and consider and act upon a request to rezone 0.2± acres from Single Family-15 (SF-15) to Downtown Retail (DTR), for Mitchell Addition, Block 3, Lot 3D, located on the southwest corner of West Seventh Street and North Coleman Road. (ZONE-23-0016) (DH) Mr. Hoover stated this request to rezone will allow for the existing home to be demolished and replaced with a commercial building with office and retails uses. The Downtown Retail District allows for both office and retail uses while the Downtown Office District only allows for office uses. Mr. Hoover noted that prior to development, the developer will be required to submit a Site Plan for review and approval by the Planning and Zoning Commission. The applicant has also agreed to a Development Agreement, which will limit the permitted uses. The Planning and Zoning Commission has recommended approval of this request. Staff is recommending approval. Mayor Pro-Tem Andres noted his concerns regarding parking. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. The Town Council discussed their concerns with straight zoning on this request due to the list of permitted uses currently allowed. Deputy Mayor Pro-Tem Ray made a motion to deny with prejudice a request to rezone 0.2± acres from Single Family-15 (SF-15) to Downtown Retail (DTR), for Mitchell Addition, Block 3, Lot 3D, located on the southwest corner of West Seventh Street and North Coleman Road. Councilmember Bartley seconded that motion. Motion carried unanimously. 20. Consider and act upon Resolution 2023-65 establishing loan terms between the Utility Fund and the Solid Waste Fund for financing the purchase of solid waste and recycling carts. (RBS) Mr. Scott stated that with the Town planning to buy new carts in order to replace the current contractor’s cart inventory, this resolution outlines the terms for the purchase and financing. The Town Council discussed how the fees would be passed to the residents and if the Town would be purchasing enough carts to replace the current ones. Mr. Scott noted that a small fee of $2.80 has been built into the new solid waste rates to cover the cart repayment, and the Town is planning on buying approximately 34,000 carts which will replace inventory and provide for one and a half to two years population growth. Page 11 Item 3. Page 6 of 9 Deputy Mayor Pro-Tem Ray made a motion to approve Resolution 2023-65 establishing loan terms between the Utility Fund and the Solid Waste Fund for financing the purchase of solid waste and recycling carts. Councilmember Hodges seconded that motion. Motion carried unanimously. 21. Receive an update on the Lakewood Preserve Park project. (DB) Mr. Baker presented an update of the listed project noting the project cost, the development of the park, how it will be managed, amenities included, layout, and estimated time frame of completion. The Town Council discussed how the Town would address the sharing of the soccer fields, parking, the funding of the project, and if there were any implications if the park was not completed in a timely manner. 22. Consider and act upon Contract Amendment #1 to a Professional Services Agreement with Dunaway Associates, LLC, for additional design services related to the development of Raymond Community Park. (DB) Mr. Baker outlined the additional services related to the amendment of the contract, the costs associated with each, and the overall funding of the project. The Town Council discussed the additional services, the importance of staying within budget, and completing the project on time. Councilmember Cotten made a motion to approve Contract Amendment #1 to a Professional Services Agreement with Dunaway Associates, LLC, for additional design services related to the development of Raymond Community Park. Mayor Pro- Tem Andres seconded that motion. Motion carried unanimously. 23. Consider and act upon an agreement with Nancy Lieberman Charities (NLC) for the installation of a Dream Court at Tanner's Mill Park and authorize the Town Manager to execute the same. (DB) Mr. Baker stated the Town was approached by NLC to install a Dream Court at Tanner’s Mill Park. It is comprised of two hoop systems and a court overlay on an existing basketball court. The Town will contribute 50% towards the total cost. Once completed, a dedication and grand opening ceremony will be held. The anticipated timeframe of completion is 90 days. Mayor Pro-Tem Andres made a motion to approve an agreement with Nancy Lieberman Charities (NLC) for the installation of a Dream Court at Tanner's Mill Park and authorize the Town Manager to execute the same. Councilmember Cotten seconded that motion. Motion carried unanimously. 24. Discuss and consider Town Council Subcommittee reports. (DFB) Councilmember Bartley noted that the next CIP Subcommittee meeting will be held on November 9. No further comments were made. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. No comments were made. Page 12 Item 3. Page 7 of 9 EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, the Community Engagement Committee, and Mayor’s appointees to the Town Council Subcommittees, and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:46 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 10:31 p.m. Mayor Pro-Tem Andres made a motion to appoint the following to the Town’s Board and Commissions. Board of Adjustments/Construction Board of Appeals Term Expires Place 1: Kenneth Dugger 09/30/2025 Place 3: George Dupont 09/30/2025 Place 5: Joe Tremblay 09/30/2025 Place 7: Brad Black 09/30/2025 Economic Development Corporation Place 2: Ray Smith 09/30/2026 Place 4: David Bristol 09/30/2026 Community Engagement Committee Place 1: Stacy Cate 09/30/2025 Page 13 Item 3. Page 8 of 9 Place 3: Brent Kirby 09/30/2025 Place 5: Kirstin Meier 09/30/2025 Place 7: Aresenio Aaron 09/30/2025 Place 2: Jai Muthu 09/30/2024 Place 6: Andy Franco 09/30/2024 Place 8: Kimberly Smith 09/30/2024 Library Board Place 1: Danielle Philipson 09/30/2025 Place 3: Lenorah Johnson 09/30/2025 Place 5: Katie Williams 09/30/2025 Place 7: Andrew Cartwright 09/30/2025 Parks and Recreation Board Place 1: Kari Castro 09/30/2025 Place 3: Valerie Little 09/30/2025 Place 5: Kimberly Shamsy 09/30/2025 Place 7: John Metcalf 09/30/2025 Planning and Zoning Commission Place 1: Sekou Harris 09/30/2025 Place 3: Cameron Reeves 09/30/2025 Place 5: Glen Blanscet 09/30/2025 Place 7: Brandon Daniel 09/30/2025 Place 2: John Hamilton 09/30/2024 The Town Council appointed the following individuals to a new Downtown Ad Hoc Advisory Committee with the mission of implementing the Downtown Master Plan. Those individuals included: Mike Pettis, Grant Mendelijian, Chris Wardlaw, Melissa Randle, Mike Lopez, Trovette Trottress, Roger Thedford, and Gavin Hernandez as a youth advisor. Councilmember Bartley, Councilmember Kern and Deputy Mayor Pro-Tem Ray will serve as the Council liaisons. Page 14 Item 3. Page 9 of 9 Mayor Bristol noted the following change to the Town Council Finance Subcommittee to include Councilmember Kern, Councilmember Cotten, and Deputy Mayor Pro-Tem Ray. All other Subcommittee’s remained unchanged. Councilmember Bartley seconded that motion. Motion carried with a 6-1 vote. Councilmember Hodges voting in opposition. Adjourn. The meeting was adjourned at 10:33 p.m. These minutes were approved on the 10th day of October 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 15 Item 3. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: August 2023 Monthly Financial Report Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the August 2023 monthly financial report. Description of Agenda Item: The Town Charter requires the submission of monthly financial reports to the Town Council. In summary, both revenues and expenditures are within the expected ranges and no unexpected events have occurred that require significant changes in original projections. The attached monthly financial report for August 2023 was prepared in the old format. This format is not particularly “user friendly” and staff is looking to reformat the monthly financial reports after the ERP software conversion. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Monthly Financial Report – August 31, 2023 Town Staff Recommendation: Town staff recommends Town Council vote to accept submission of the monthly financial report for the period August 2023 in compliance with the requirements of the Town Charter. Proposed Motion: I move to accept the August 2023 Monthly Financial Report in compliance with charter requirements. FINANCE Page 16 Item 4. MONTHLY FINANCIAL REPORT as of August 31, 2023 Cash/Budgetary Basis Prepared by Finance Department October 10, 2023 Page 17 Item 4. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 2023 Table of Contents Dashboard Charts 3 - 4 General Fund 5 Water-Sewer Fund 8 Solid Waste Fund 13 Debt Service Fund 15 Crime Control and Prevention Special Purpose District 16 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 17 Vehicle and Equipment Replacement Fund 18 Storm Drainage Utility Fund 19 Park Dedication and Improvement Fund 20 TIRZ #1 - Blue Star 21 TIRZ #2 22 Water Impact Fees Fund 23 Wastewater Impact Fees Fund 24 Thoroughfare Impact Fees Fund 25 Special Revenue Fund 27 Capital Projects Fund-General 28 Capital Projects Fund-Water/Sewer 30 Page 18 Item 4. 0 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 3 Page 19 Item 4. 0 6288751.47 $56.072 $51.399 $41.843 $47.585 $43.620 $45.282 $- $10 $20 $30 $40 $50 $60 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures $34.584 $31.702 $25.757 $28.843 $26.439 $27.916 $- $5 $10 $15 $20 $25 $30 $35 $40 Total Budget YTD Budget YTD Actual In Millions Water -Sewer Fund Revenues and Expenditures Revenues Expenditures 4 Page 20 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 23,519,547$ -$ 23,519,547$ 23,676,303$ -$ (156,756)$ 101%1 19,039,403$ 24% Sales Taxes 10,220,208 - 10,220,208 9,236,322 - 983,886 90%8,832,389 5% Franchise Fees 2,404,527 - 2,404,527 2,278,864 - 125,663 95%2 1,800,500 27% Building Permits 4,781,000 - 4,781,000 3,625,375 - 1,155,625 76%4,185,824 -13% Other Licenses, Fees & Permits 1,552,430 80,000 1,632,430 2,033,119 - (400,689) 125%2,039,795 0% Charges for Services 1,240,961 - 1,240,961 1,159,889 - 81,072 93%901,201 29% Fines & Warrants 250,425 - 250,425 360,055 - (109,630) 144%224,706 60% Intergovernmental Revenue (Grants)1,525,000 - 1,525,000 180,823 - 1,344,177 12%329,434 -45% Interest Income 150,000 - 150,000 877,138 - (727,138) 585%93,301 840% Transfers In 1,235,335 - 1,235,335 1,141,921 - 93,414 92%1,030,618 11% Miscellaneous 116,576 - 116,576 114,903 - 1,673 99%321,076 -64% Park Fees 509,300 - 509,300 597,231 - (87,931) 117%632,141 -6% Total Revenues 47,505,309$ 80,000$ 47,585,309$ 45,281,942$ -$ 2,303,367$ 95%39,430,388$ 15% EXPENDITURES Administration 9,341,007$ 729,900$ 10,070,907$ 7,484,722$ 1,011,862$ 1,574,323$ 84%6,348,489$ 18% Police 6,635,120 1,111,113 7,746,233 6,092,477 703,987 949,769 88%5,492,901 11% Fire/EMS 9,990,721 35,083 10,025,804 8,941,740 45,390 1,038,674 90%7,270,335 23% Public Works 4,136,738 652,564 4,789,302 3,196,832 340,616 1,251,853 74%2,628,116 22% Community Services 7,174,446 113,200 7,287,646 5,101,287 298,954 1,887,406 74%4,640,271 10% Development Services 4,173,570 294,487 4,468,057 2,728,886 58,211 1,680,960 62%3,103,614 -12% Engineering 2,601,325 301,867 2,903,192 2,461,799 94,568 346,826 88%1,866,453 32% Transfers Out 7,780,485 1,000,000 8,780,485 5,835,364 - 2,945,121 66%6,879,113 -15% Total Expenses 51,833,412$ 4,238,214$ 56,071,627$ 41,843,106$ 2,553,588$ 11,674,933$ 79%38,229,292$ 9% REVENUE OVER (UNDER) EXPENDITURES (4,328,103)$ (4,158,214)$ (8,486,318)$ 3,438,836$ 1,201,096$ Beginning Fund Balance October 1-Unassigned/Unrestricted 18,925,919 18,925,919 Ending Fund Balance 10,439,601$ 22,364,755$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees and other various license and fees are paid quarterly or annually. 3 Fund Balance Contingency per Charter and Reserve for FY23 = $9,213,349 (21%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% GENERAL FUND 5 Page 21 Item 4. 101% 90% 95% 76% 125% 93% 12% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Intergovernmental Revenue (Grants) 0%20%40%60%80%100%120%140% GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET 6 Page 22 Item 4. $23,676,303 9,236,322 2,278,864 3,625,375 $19,039,403 8,832,389 1,800,500 4,185,824 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 7 Page 23 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 17,557,737$ 500,000$ 18,057,737$ 16,936,552$ -$ 1,121,185$ 94%17,127,739$ -1% Sewer Charges for Services 9,462,990 200,000 9,662,990 9,421,971 - 241,019 98%8,796,731 7% Licenses, Fees & Permits 377,705 30,000 407,705 391,740 - 15,965 96%366,569 7% Utility Billing Penalties 186,900 - 186,900 177,307 - 9,593 95%178,272 -1% Interest Income 60,000 - 60,000 418,090 - (358,090) 697%40,637 929% Other 467,427 - 467,427 570,173 - (102,746) 122%455,969 25% Transfer In - - - - - - 0 - 0% Total Revenues 28,112,759$ 730,000$ 28,842,759$ 27,915,832$ -$ 926,927$ 97%26,965,916$ 4% EXPENDITURES Administration 1,558,936$ 199,091$ 1,758,027$ 1,269,635$ 34,416$ 453,976$ 74%1,086,058$ 17% Debt Service 4,354,465 - 4,354,465 4,434,036 - (79,571) 102%1 6,245,061 -29% Water Purchases 9,605,940 - 9,605,940 8,844,847 - 761,093 92%6,560,828 35% Sewer Management Fee 3,854,505 - 3,854,505 3,878,571 - (24,066) 101%3,331,222 16% Public Works 11,604,745 382,678 11,987,423 6,059,878 311,338 5,616,207 53%5,275,014 15% Transfer Out 2,877,339 146,650 3,023,989 1,269,933 - 1,754,056 42%917,290 38% Total Expenses 33,855,930$ 728,419$ 34,584,349$ 25,756,901$ 345,754$ 8,505,761$ 75%23,415,473$ 10% REVENUE OVER (UNDER) EXPENDITURES (5,743,171)$ 1,581$ (5,741,590)$ 2,158,931$ 3,550,444$ Beginning Working Capital October 1 12,669,408 12,669,408 Ending Working Capital 6,927,818$ 14,828,339$ Notes 1 Annual debt service payments are made in February and August. 2 Minimum Ending Working Capital balance for FY23 = $7,701,008 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% WATER-SEWER FUND 8 Page 24 Item 4. Aug-23 Aug-22 Growth % WATER SEWER WATER SEWER Change Four Year Cumulative # of Accts Residential 12,596 11,890 11,790 11,053 7.19%FY2023 FY2022 Average Average # of Accts Commercial 448 404 415 369 8.67%October 20,110 16,543 14,882 14,882 Consumption-Residential 291,250,220 81,541,620 328,868,270 79,991,923 -8.82%November 11,190 11,256 10,010 24,892 Consumption-Commercial 37,766,060 18,727,450 37,021,760 16,837,820 4.89%December 6,273 7,850 7,663 32,554 Consumption-Commercial Irrigation 54,450,820 74,369,940 -26.78%January 8,049 6,936 6,159 38,713 Avg Total Res Water Consumption 23,095 27,844 -17.06%February 5,914 7,385 6,618 45,331 Billed ($) Residential 2,001,277$ 735,341$ 2,335,858$ 703,705$ -9.97%March 5,839 6,006 6,335 51,665 Billed ($) Commercial 347,338$ 146,655$ 339,347$ 134,089$ 4.34%April 10,053 8,613 8,838 60,503 Billed ($) Commercial Irrigation 503,681$ 700,616$ -28.11%May 14,092 13,130 10,904 71,407 Total Billed ($)2,852,296$ 881,997$ 3,375,821$ 837,794$ -11.38%June 14,281 13,330 13,121 84,527 July 16,992 22,900 17,334 101,861 August 23,095 27,840 22,933 124,794 September 15,450 18,824 143,618 TOTAL (gal)135,888 157,239 143,618 FY2023 FY2022 Average Cumulative October 5.65 2.60 4.56 4.56 November 5.82 2.92 3.07 7.63 December 3.43 0.76 2.84 10.47 January 1.29 0.20 2.62 13.09 February 4.51 2.15 3.05 16.14 March 2.69 2.62 3.92 20.06 April 1.20 5.90 3.97 24.03 May 3.62 8.01 5.65 29.68 June 2.35 1.90 4.07 33.75 July 0.47 0.41 2.27 36.02 August - 5.08 2.83 38.85 September 0.26 2.76 41.61 Annual 31.03 32.81 41.61 Rainfall TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% WATER-SEWER FUND Average Total Residential Water Consumption by Month 9 Page 25 Item 4. 94% 98% 96% 95% 122% Water Charges for Services Sewer Charges for Services Licenses, Fees & Permits Utility Billing Penalties Other 0%20%40%60%80%100%120%140% WATER/SEWER REVENUE YTD % OF ANNUAL BUDGET 10 Page 26 Item 4. $16,936,552 8,844,847 $17,127,739 6,560,828 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 11 Page 27 Item 4. 9,421,971 3,878,571 8,796,731 3,331,222 - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000 Sewer Charges for Services Sewer Management Fee SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 12 Page 28 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sanitation Charges for Services 2,158,200$ -$ 2,158,200$ 2,264,050$ -$ (105,850)$ 105%1,792,252$ 26% Interest Income - - - 2,799 - (2,799) 0%- 0% Transfer In 1,750,000 - 1,750,000 50,000 - 1,700,000 3%- 0% Total Revenues 3,908,200$ -$ 3,908,200$ 2,316,849$ -$ 1,591,351$ 59%1,792,252$ 29% EXPENDITURES Administration 1,750,000$ -$ 1,750,000$ 49,849$ 152$ 1,700,000$ 3%-$ 0% Sanitation Collection 2,158,200 - 2,158,200 2,040,415 - 117,785 95%1,627,823 25% Transfer Out - - - - - - 0%- 0% Total Expenses 3,908,200$ -$ 3,908,200$ 2,090,263$ 152$ 1,817,785$ 53%1,627,823$ 28% REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 226,586$ 164,429$ Beginning Working Capital October 1 - - Ending Working Capital -$ 226,586$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% SOLID WASTE FUND 13 Page 29 Item 4. $2,264,050 2,040,415 $1,792,252 1,627,823 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Sanitation Charges for Services Sanitation Collection SOLID WASTE REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 14 Page 30 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ 170,756$ -$ (95,756)$ 228%64,800$ 164% Property Taxes-Current 12,605,972 - 12,605,972 13,127,025 - (521,053) 104%1 10,430,190 26% Taxes-Penalties - - - 43,340 - (43,340) 0%38,186 13% Interest Income 20,000 - 20,000 138,013 - (118,013) 690%14,429 856% Transfer In - - - - - - 0%428,581 -100% Total Revenues 12,700,972$ -$ 12,700,972$ 13,479,134$ -$ (778,162)$ 106%10,976,186$ 23% EXPENDITURES Professional Services -$ -$ -$ -$ -$ -$ 0%9,500$ -100% Bond Administrative Fees 20,000 - 20,000 500 - 19,500 3%2,805 -82% 2013 GO Refunding Bond 180,000 - 180,000 180,000 - - 100%175,000 3% 2014 GO Bond Payment 315,000 - 315,000 315,000 - - 100%305,000 3% 2015 GO Bond Payment 1,309,200 - 1,309,200 1,309,200 - - 100%1,220,300 7% 2015 CO Bond Payment 465,000 - 465,000 465,000 - - 100%445,000 4% 2016 GO Debt Payment - - - - - - 0%- 0% 2016 CO Debt Payment 80,000 - 80,000 80,000 - - 100%70,000 14% 2017 CO Debt Payment 85,000 - 85,000 85,000 - - 100% 2 70,000 21% 2018 GO Debt Payment 145,000 - 145,000 145,000 - - 100%145,000 0% 2018 CO Debt Payment 475,000 - 475,000 475,000 - - 100%455,000 4% 2019 CO Debt Payment 399,806 - 399,806 399,806 - - 100%381,123 5% 2019 GO Debt Payment 160,000 - 160,000 160,000 - - 100%155,000 3% 2020 CO Debt Payment 255,000 - 255,000 255,000 - - 100%245,000 4% 2021 CO Debt Payment 245,000 - 245,000 245,000 - - 100%310,000 -21% 2021 GO Debt Payment 1,225,000 - 1,225,000 1,225,000 - - 100%1,925,000 -36% 2022 GO Debt Payment 1,890,000 - 1,890,000 1,890,000 - - 100%- 0% Bond Interest Expense 5,662,157 - 5,662,157 5,594,880 - 67,277 99%4,493,389 25% Total Expenditures 12,911,163$ -$ 12,911,163$ 12,824,386$ -$ 86,777$ 99%12,997,117$ -1% REVENUE OVER (UNDER) EXPENDITURES (210,191)$ -$ (210,191)$ 654,748$ (2,020,931)$ Beginning Fund Balance October 1 683,357 683,357 2,619,367 Ending Fund Balance Current Month 473,166$ 1,338,105$ 598,436$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% DEBT SERVICE FUND 15 Page 31 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 2,741,662$ -$ 2,741,662$ 2,462,233$ -$ 279,429$ 90%2,343,292$ 5% Interest Income 1,200 - 1,200 (1,290) - 2,490 -108%1,199 -208% Other - - - - - - 0%- 0% Total Revenue 2,742,862$ -$ 2,742,862$ 2,460,943$ -$ 281,919$ 90%2,344,491$ 5% EXPENDITURES Personnel 2,711,865$ -$ 2,711,865$ 2,579,145$ -$ 132,720$ 95%1,912,002$ 35% Other 1,200 - 1,200 (5,462) - 6,662 -455%520 -1151% Total Expenditures 2,713,065$ -$ 2,713,065$ 2,573,683$ -$ 139,382$ 95%1,912,522$ 35% REVENUE OVER (UNDER) EXPENDITURES 29,797$ -$ 29,797$ (112,740)$ 431,969$ Beginning Fund Balance October 1 453,711 453,711 302,439 Ending Fund Balance Current Month 483,508$ 340,971$ 734,408$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 16 Page 32 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 2,710,483$ -$ 2,710,483$ 2,459,875$ -$ 250,608$ 91%2,338,686$ 5% Interest Income 600 - 600 2,155 - (1,555) 359%797 170% Other - - - - - - 0%- 0% Total Revenue 2,711,083$ -$ 2,711,083$ 2,462,031$ -$ 249,052$ 91%2,339,484$ 5% EXPENDITURES Personnel 2,682,642$ -$ 2,682,642$ 2,381,206$ -$ 301,436$ 89%2,003,593$ 19% Other 2,400 - 2,400 (5,462) - 7,862 -228%520 -1151% Total Expenditures 2,685,042$ -$ 2,685,042$ 2,375,743$ -$ 309,299$ 88%2,004,113$ 19% REVENUE OVER (UNDER) EXPENDITURES 26,041$ -$ 26,041$ 86,287$ 335,371$ Beginning Fund Balance October 1 457,409 457,409 203,982 Ending Fund Balance Current Month 483,450$ 543,696$ 539,353$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT 17 Page 33 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0% Other Reimbursements 150,000 - 150,000 - - 150,000 0%6,692 -100% Interest Income 25,000 - 25,000 169,071 - (144,071) 676%15,769 972% Charges for Services 1,385,257 - 1,385,257 1,269,819 - 115,438 92%1,072,681 18% Total Revenue 1,560,257$ -$ 1,560,257$ 1,438,890$ -$ 121,367$ 92%1,095,142$ 31% EXPENDITURES Vehicle Replacement 754,100$ 69,135$ 823,235$ 137,570$ 567,705$ 117,960$ 86%681,033$ -80% Equipment Replacement 170,906 - 170,906 9,461 170,387 (8,942) 105%- 0% Technology Replacement 293,200 120,277 413,477 125,090 212,548 75,839 82%199,390 -37% Total Expenditures 1,218,206$ 189,412$ 1,407,618$ 272,121$ 950,641$ 184,856$ 87%880,423$ -69% REVENUE OVER (UNDER) EXPENDITURES 342,051$ (189,412)$ 152,639$ 1,166,769$ 214,719$ Beginning Fund Balance October 1 3,957,862 3,957,862 3,957,862 Ending Fund Balance Current Month 4,110,501$ 5,124,631$ 4,172,581$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% VEHICLE AND EQUIPMENT REPLACEMENT FUND 18 Page 34 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 825,000$ -$ 825,000$ 790,632$ -$ 34,368$ 96%733,298$ 8% Drainage Review Fee 3,000 - 3,000 - - 3,000 0%7,978 -100% 45-4 Interest Income 1,800 - 1,800 (3,465) - 5,265 -193%1,473 -335% Transfer In - - - - - - 0%531,449 -100% Other Revenue - - - 2,096 - (2,096) 0%- 0% Total Revenue 829,800$ -$ 829,800$ 789,264$ -$ 40,536$ 95%1,274,199$ -38% EXPENDITURES Personnel Services 181,914$ -$ 181,914$ 152,319$ -$ 29,595$ 84%134,188$ 14% Debt Service 217,575 - 217,575 225,767 - (8,192) 104%2 771,693 -71% 45-7 Operating Expenditures 288,177 82,706 370,883 131,934 8,547 230,402 38%70,839 86% Transfers Out 107,996 - 107,996 98,996 - 9,000 92%1 1,123,394 -91% Total Expenses 795,662$ 82,706$ 878,368$ 609,016$ 8,547$ 260,806$ 70%2,100,113$ -71% REVENUE OVER (UNDER) EXPENDITURES 34,138$ (82,706)$ (48,568)$ 180,248$ (825,915)$ Beginning Working Capital October 1 816,012 816,012 632,579 Ending Working Capital Current Month 767,444$ 996,260$ (193,336)$ Notes 1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% STORM DRAINAGE UTILITY FUND 19 Page 35 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 964,000$ -$ 964,000$ 205,514$ -$ 758,486$ 21%755,378$ -73% Park Dedication - Transfers In - - - - - - 0%- 0% 60-4 Park Improvements 873,000 - 873,000 144,000 - 729,000 16%299,766 -52% Contributions/Grants 200,550 - 200,550 200,550 - - 100%- 0% 60-4 Interest-Park Dedication 2,000 - 2,000 35,233 - (33,233) 1762%4,992 606% 60-4 Interest-Park Improvements 4,050 - 4,050 31,491 - (27,441) 778%4,322 629% Total Revenue 2,043,600$ -$ 2,043,600$ 616,788$ -$ 1,426,812$ 30%1,064,458$ -42% EXPENDITURES Pecan Grove Park -$ 798,971$ 798,971$ 749,736$ 97,810$ (48,575)$ 106%-$ 0% Windsong Neighborhood Park 100,000 - 100,000 - - 100,000 0%- 0% Capital (Misc. small projects)- - - - - - 0%12,396 -100% Transfers Out - - - - - - 0%- 0% Total Expenses 100,000$ 798,971$ 898,971$ 749,736$ 97,810$ 51,425$ 94%12,396$ 5948% REVENUE OVER (UNDER) EXPENDITURES 1,943,600$ (798,971)$ 1,144,630$ (132,948)$ 1,052,062$ Beginning Fund Balance October 1 2,140,734 2,140,734 Ending Fund Balance Current Month 3,285,364$ 2,007,786$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% PARK DEDICATION AND IMPROVEMENT FUNDS 20 Page 36 Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees -$ -$ -$ -$ -$ 0%308,704$ -100% Wastewater Impact Fees - - - 325,896 (325,896) 0%610,020 -47% East Thoroughfare Impact Fees 200,000 - 200,000 - 200,000 0%1,826,931 -100% Property Taxes - Town (Current)824,243 - 824,243 810,076 14,167 98%612,991 32% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)184,704 - 184,704 172,956 11,748 94%144,308 20% Sales Taxes - Town 1,024,068 - 1,024,068 847,097 176,971 83%783,172 8% Sales Taxes - EDC 857,656 - 857,656 709,444 148,212 83%655,906 8% Interest Income 6,000 - 6,000 72,474 (66,474) 1208%5,892 1130% Transfer In - - - - - 0%- 0% Total Revenue 3,096,671$ -$ 3,096,671$ 2,937,942$ 158,729$ 95%4,947,925$ -41% EXPENDITURES Professional Services 6,000$ -$ 6,000$ -$ 6,000$ 0%-$ 0% Developer Rebate 3,090,671 - 3,090,671 3,607,318 (516,647)$ 117%5,229,934 -31% Transfers Out - - - - -$ 0%- 0% Total Expenses 3,096,671$ -$ 3,096,671$ 3,607,318$ (510,647)$ 116%5,229,934$ -31% REVENUE OVER (UNDER) EXPENDITURES -$ (669,375)$ (282,009)$ Beginning Fund Balance October 1 1,392,520 1,392,520 301,260 Ending Fund Balance Current Month 1,392,520$ 723,145$ 19,251$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% TIRZ #1 - BLUE STAR 21 Page 37 Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)33,166$ -$ 33,166$ 33,061$ 105$ 100%154,136$ -79% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)7,432 - 7,432 7,059 373 95%30,280 -77% Sales Taxes - Town - - - - - 0%- 0% Sales Taxes - EDC - - - - - 0%- 0% Interest Income 75 - 75 1,468 (1,393) 1957%131 1023% Total Revenue 40,673$ -$ 40,673$ 41,587$ (914)$ 102%184,548$ -77% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Rebate 40,673 - 40,673 41,006 (333) 101%184,549 -78% Transfers Out - - - - - 0%- 0% Total Expenditures 40,673$ -$ 40,673$ 41,006$ (333)$ 101%184,549$ -78% REVENUE OVER (UNDER) EXPENDITURES -$ 582$ (1)$ Beginning Fund Balance October 1 24,835 24,835 25,189 Ending Fund Balance Current Month 24,835$ 25,417$ 25,188$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% 22 Page 38 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,500,000$ -$ 3,500,000$ 3,115,882$ Interest Income 45,000 - 45,000 207,203 Total Revenues 3,545,000$ -$ 3,545,000$ 3,323,086$ EXPENDITURES Developer Reimbursements Cambridge Park Estates -$ -$ -$ -$ 180,350$ -$ (180,350)$ -$ (180,350)$ Parks at Legacy Developer Reimb 250,000 250,000 - 250,000 - - 250,000 - 250,000 Star Trail Developer Reimb 367,000 367,000 - 367,000 639,029 - (272,029) - (272,029) Victory at Frontier Developer Reimb 42,000 42,000 - 42,000 88,636 - (46,636) - (46,636) Westside Developer Reimb - - - - 16,047 - (16,047) - (16,047) TVG Windsong Developer Reimb 625,000 625,000 - 625,000 1,083 - 623,917 - 623,917 Total Developer Reimbursements 1,284,000$ 1,284,000$ -$ 1,284,000$ 925,146$ -$ 358,854$ -$ 358,854$ Capital Expenditures 12" Water Line - DNT 200,000$ 24,250$ 85,042$ 109,292$ 32,323$ 53,697$ 23,272$ 90,708$ 108,314$ Lower Pressure Plane Easements 1,500,000 1,400,000 - 1,400,000 95 - 1,399,905 - 1,499,905 Lower Pressure Plane 3,100,000 3,200,000 - 3,200,000 - - 3,200,000 - 3,100,000 Impact Fee Study 100,000 - - - 8,959 91,041 (100,000) - - Total Projects 4,900,000$ 4,624,250$ 85,042$ 4,709,292$ 41,376$ 144,739$ 4,523,177$ 90,708$ 4,708,219$ Transfer to CIP Fund - - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 6,184,000$ 5,908,250$ 85,042$ 5,993,292$ 966,522$ 144,739$ 4,882,031$ 90,708$ 5,067,073$ REVENUE OVER (UNDER) EXPENDITURES (2,448,292)$ 2,356,564$ Beginning Fund Balance October 1 4,366,761 4,366,761 Ending Fund Balance Current Month 1,918,469$ 6,723,325$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 WATER IMPACT FEES FUND 23 Page 39 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 1,750,000$ -$ 1,750,000$ 2,089,935$ Interest Income 14,625 - 14,625 98,847 Upper Trinity Equity Fee 300,000 - 300,000 304,000 Total Revenues 2,064,625$ -$ 2,064,625$ 2,492,782$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 350,000$ 350,000$ -$ 350,000$ 251,704$ -$ 98,296$ -$ 98,296$ Prosper Partners Utility Developer Reimb 100,000 100,000 - 100,000 - - 100,000 - 100,000 Frontier Estates Developer Reimb 25,000 25,000 - 25,000 67,519 - (42,519) - (42,519) LaCima Developer Reimb 20,000 20,000 - 20,000 - - 20,000 - 20,000 Brookhollow Developer Reimb 100,000 100,000 - 100,000 19,754 - 80,246 - 80,246 TVG Windsong Developer Reimb 700,000 700,000 - 700,000 400,946 - 299,054 - 299,054 All Storage Developer Reimb 50,000 50,000 - 50,000 9,030 - 40,970 - 40,970 Legacy Garden Developer Reimb 60,000 60,000 - 60,000 5,464 - 54,536 - 54,536 Total Developer Reimbursements 1,405,000$ 1,405,000$ -$ 1,405,000$ 754,417$ -$ 650,583$ -$ 650,583$ Capital Expenditures Doe Branch Wastewater Lines 975,000$ 212,000$ 314,400$ 526,400$ 226,685$ 586,821$ (287,106)$ 48,600$ 112,894$ Impact Fee Study 100,000 - - - 8,959 91,041 (100,000) - - Total Projects 1,075,000$ 212,000$ 314,400$ 526,400$ 235,643$ 677,863$ (387,106)$ 48,600$ 112,894$ Transfer to CIP Fund - - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 2,480,000$ 1,617,000$ 314,400$ 1,931,400$ 990,061$ 677,863$ 263,477$ 48,600$ 763,477$ REVENUE OVER (UNDER) EXPENDITURES 133,225$ 1,502,721$ Beginning Fund Balance October 1 2,733,394 2,733,394 Ending Fund Balance Current Month 2,866,619$ 4,236,115$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 WASTEWATER IMPACT FEES FUND 24 Page 40 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,000,000$ -$ 1,000,000$ 2,148,013$ East Thoroughfare Other Revenue - - - - West Thoroughfare Impact Fees 4,000,000 - 4,000,000 4,452,570 West Thoroughfare Other Revenue - - - - Interest-East Thoroughfare Impact Fees 14,000 - 14,000 102,355 Interest-West Thoroughfare Impact Fees 45,000 - 45,000 155,700 Total Revenues 5,059,000$ -$ 5,059,000$ 6,858,637$ EXPENDITURES East FM 1461 (SH289-CR 165)175,000$ 175,000$ -$ 175,000$ 77,074$ -$ 97,927$ 154,147$ (56,221)$ Coit Road (First - Frontier)1,289,900 50,000 364,755 414,755 - 370,755 44,000 925,776 (6,630) Impact Fee Study 50,000 - - - 4,118 45,882 (50,000) - - Cambridge Park Estates - - - - 174,494 - (174,494) - (174,494) Transfer to Capital Project Fund 1,820,000 1,820,000 - 1,820,000 235,447 - 1,584,553 1,584,553 Total East 3,334,900$ 2,045,000$ 364,755$ 2,409,755$ 491,133$ 416,636$ 1,501,985$ 1,079,923$ 1,347,208$ West Teel 380 Intersection Improvements 100,000$ -$ 1,000$ 1,000$ 400$ -$ 600$ 100,985$ (1,385)$ Fishtrap (Elem-DNT)6,600,000 6,600,000 - 6,600,000 - - 6,600,000 - 6,600,000 Parks at Legacy Developer Reimb 500,000 500,000 - 500,000 758,333 - (258,333) - (258,333) Star Trail Developer Reimb 1,500,000 1,500,000 - 1,500,000 2,788,750 - (1,288,750) - (1,288,750) Tellus Windsong Developer Reimb 750,000 750,000 - 750,000 12,833 - 737,168 - 737,168 Legacy Garden Developer Reimb 200,000 200,000 - 200,000 - - 200,000 - 200,000 Impact Fee Study 50,000 - - - 4,118 45,882 (50,000) - - Transfer to Capital Project Fund - - - - 31,025 - (31,025) (31,025) Total West 9,700,000$ 9,550,000$ 1,000$ 9,551,000$ 3,595,459$ 45,882$ 5,909,660$ 100,985$ 5,957,675$ Total Expenditures 13,034,900$ 11,595,000$ 365,755$ 11,960,755$ 4,086,592$ 462,518$ 7,411,645$ 1,180,908$ 7,304,883$ REVENUE OVER (UNDER) EXPENDITURES (6,901,755)$ 2,772,045$ Beginning Fund Balance October 1 10,678,812 10,678,812 Ending Fund Balance Current Month 3,777,058$ 13,450,857$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 THOROUGHFARE IMPACT FEES FUND 25 Page 41 Item 4. WATER WASTEWATER EAST THOROUGHFARE WEST THOROUGHFARE ANNUAL BUDGET $3,500,000 $1,750,000 $1,000,000 4,000,000 YTD ACTUAL $3,115,882 $2,089,935 $2,148,013 $4,452,570 % OF BUDGET 89%119%215%111% 89% 119%215% 111% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 IMPACT FEE REVENUE YTD Actual to Annual Budget 26 Page 42 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year Police Donation Revenue 15,500$ -$ 15,500$ 21,656$ -$ (6,156)$ 140%16,406$ 32% Fire Donation Revenue 15,500 - 15,500 14,251 - 1,249 92%16,231 -12% Child Safety Revenue 28,000 - 28,000 20,956 - 7,044 75%21,614 -3% Court Security Revenue 8,000 - 8,000 10,681 - (2,681) 134%6,794 57% Court Technology Revenue 7,650 - 7,650 8,870 - (1,220) 116%5,704 55% Municipal Jury revenue 150 - 150 212 - (62) 141%132 60% Interest Income 2,425 - 2,425 33,819 - (31,394) 1395%2,621 1190% Interest Income CARES/ARPA Funds - - - 213,655 - (213,655) 0%11,950 1688% Tree Mitigation - - - 1,298,694 - (1,298,694) 0%22,400 5698% Escrow Income - - - 673,667 - (673,667) 0%- 0% Cash Seizure Forfeit - - - 12,070 - (12,070) 0%- 0% Miscellaneous 3,000 - 3,000 2,416 - 584 81%2,997 -19% CARES Act/ARPA Funding 3,045,165 - 3,045,165 - - 3,045,165 0%6,018 -100% Transfer In - - - - - - 0%- 0% Total Revenue 3,125,390$ -$ 3,125,390$ 2,310,945$ -$ 814,445$ 74%112,867$ 1947% EXPENDITURES LEOSE Expenditure 17,500$ -$ 17,500$ 5,050$ -$ 12,450$ 29%-$ 0% Court Technology Expense - - - - - - 0%10,688 -100% Court Security Expense 15,675 - 15,675 50 - 15,625 0%1,068 -95% Police Donation Expense 38,740 - 38,740 18,322 14,462 5,956 85%24,425 -25% Fire Donation Expense 5,387 5,000 10,387 8,546 - 1,841 82%- 0% Child Safety Expense 39,761 19,985 59,746 22,238 - 37,508 37%23,486 -5% Tree Mitigation Expense - - - - - - 0%33,600 -100% Police Seizure Expense 12,995 - 12,995 4,647 - - 36%- 0% CARES Act/ARPA Funding - - - - - - 0%- 0% Transfer Out (Tree Mitigation funds)- - - - - - 0%366,400 -100% Transfer Out (Escrow Funds)- - - 673,667 - (673,667) 0%- 0% Total Expenses 130,058$ 24,985$ 155,043$ 732,520$ 14,462$ (600,288)$ 482%459,667$ 59% REVENUE OVER (UNDER) EXPENDITURES 2,995,332$ (24,985)$ 2,970,347$ 1,578,425$ (346,800)$ Beginning Fund Balance October 1 817,219 817,219 567,535 Ending Fund Balance Current Month 3,787,566$ 2,395,644$ 220,735$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 Expected Year to Date Percent 91.67% SPECIAL REVENUE FUNDS 27 Page 43 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants -$ -$ -$ -$ Contributions/Interlocal Revenue - 1,700,000 1,700,000 - Bond Proceeds - - - - Interest Income - - - 1,679,915 Other Revenue - - - 5,460 Transfers In - General Fund - 1,000,000 1,000,000 5,835,364 Transfers In - Impact Fee Funds - - - 266,472 Transfers In - Escrows - - - 673,667 *Transfers In/Out - Bond Funds - - - - Total Revenues -$ 2,700,000$ 2,700,000$ 8,460,878$ EXPENDITURES Frontier Parkway BNSF Overpass 9,402,125$ -$ -$ -$ 56,849$ -$ (56,849)$ 9,345,276$ -$ West Prosper Roads 14,168,828 - - - - - - 14,017,321 151,507 BNSF Quiet Zone First/Fifth 145,000 - 4,950 4,950 4,218 - 732 17,146 123,636 Coit Rd (First-Frontier) 4 Lns 800,000 - - - 649 - (649) - 799,351 First St (DNT to Coleman)5,786,567 - 1,584,883 1,584,883 467,671 378,717 738,496 1,540,745 3,399,434 First Street (Elem-DNT) 4 Lanes 30,807,380 - 26,870,802 26,870,802 733,106 26,222,708 (85,012) 3,127,872 723,694 Preston Road / First Street Dual Left Turns (Design & Constructi 900,000 - - - - 93,000 (93,000) - 807,000 First St (Coit-Custer) 4 Lanes 27,260,000 - 22,840,969 22,840,969 9,762,467 13,255,431 (176,928) 2,744,075 1,498,028 Preston/Prosper Trail Turn Lane 900,000 - - - 116,879 52,067 (168,946) - 731,054 Craig Street (Preston-Fifth)450,000 - 148,005 148,005 137,478 23,028 (12,500) 175,595 113,900 First Street Section 1 & 4 778,900 - 5,000 5,000 5,000 - - 382,323 391,577 First Street (Teel - Gee Road)6,425,000 - 6,025,000 6,025,000 2,137,543 4,056,288 (168,832) 247 230,921 Gee Road (First Street - Windsong)4,948,793 - 4,169,579 4,169,579 2,875,122 2,582,567 (1,288,110) 4,052 (512,949) Teel (US 380 Intersection Improvements)1,380,000 - 200,000 200,000 1,323,223 - (1,123,223) 106,198 (49,421) Coleman (Gorgeous - Prosper Trail)1,500,000 - 740,906 740,906 405,902 335,004 - 120,534 638,561 Coleman (Prosper Trail - PHS)720,000 - - - - - - - 720,000 Legacy (Prairie - First Street)1,425,000 - 1,133,307 1,133,307 409,838 152,219 571,250 235,694 627,250 Coit/US 380 SB Turn Lanes 300,000 - - - 21,200 28,800 (50,000) - 250,000 Parvin (FM 1385 - Legacy)500,000 - - - 500,000 - (500,000) - - Safety Way 800,000 - 800,000 800,000 - - 800,000 - 800,000 Gorgeous/McKinley 700,000 - 700,000 700,000 - - 700,000 - 700,000 Renaming of Fishtrap Road to W. First Street 80,000 - - - 2,877 - (2,877) - 77,123 Gee Road (US 380--FM 1385)1,700,000 - 1,700,000 1,700,000 399 1,655,000 44,601 44,601 Frontier (Legacy-DNT)300,000 - - - 300,000 - (300,000) - - First Street (Coleman)500,000 - 500,000 500,000 209 496,549 3,242 - 3,242 PW Road Improvements 867,927 - - - - 867,927 (867,927) - (0) Teel Parkway (US 380 - First Street Rd) NB 2 Lanes (Design)750,000 - 135,700 135,700 104,015 33,550 (1,865) 82,943 529,492 Total Street Projects 114,295,520$ -$ 67,559,101$ 67,559,101$ 19,364,645$ 50,232,854$ (2,038,397)$ 31,900,019$ 12,798,003$ Turf Irrigation SH289 68,000$ -$ -$ -$ -$ -$ -$ 48,935$ 19,065$ US 380 Median Design (Green Ribbon)821,250 - - - - - - 65,800 755,450 Whitley Place H&B Trail Extension 750,000 - - - - - - 734,209 15,791 Tanner's Mill Phase 2 Design 1,396,400 - 688,651 688,651 685,039 4,000 (388) 696,070 11,291 Lakewood Preserve, Phase 2 3,845,000 - - - - 131,477 (131,477) - 3,713,523 Pecan Grove Ph II 907,500 - 4,352 4,352 1,393 2,959 - 66,105 837,043 Downtown Pond Improvements 120,000 - - - - - - 11,760 108,240 Raymond Community Park 1,200,000 - 936,986 936,986 175,751 761,236 - 154,672 108,342 Coleman Median Landscape (Victory-Preston)650,000 - 432,358 432,358 435,028 4,452 (7,122) 19,783 190,737 Prosper Trail Median Landscape 275,000 - 146,481 146,481 143,371 6,043 (2,934) 7,352 118,234 Total Park Projects 10,033,150$ -$ 2,208,828$ 2,208,828$ 1,440,582$ 910,167$ (141,922)$ 1,804,685$ 5,877,715$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 CAPITAL PROJECTS FUND - GENERAL 28 Page 44 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 CAPITAL PROJECTS FUND - GENERAL PD Car Camera and Body worn Camera System 387,225$ -$ 17,000$ 17,000$ 14,500$ 2,500$ -$ -$ 370,225$ Station #3 Quint Engine 1,495,000 - 118,273 118,273 49,322 43,335 25,616 1,376,727 25,616 Station #3 Ambulance 495,000 - 79,251 79,251 5,746 30,827 42,677 415,749 42,677 Park Ops Vehicle 27,035 - - - 23,242 - (23,242) - 3,793 Awnings for Storage 19,800 - 300 300 - 300 - 11,100 8,400 Public Safety Complex, Phase 2-Design 1,578,290 - 205,380 205,380 185,374 19,396 610 1,373,520 - Public Safety Complex, Phase 2-Dev Costs 647,325 - 555,818 555,818 24,173 8,375 523,270 91,507 523,270 Public Safety Complex, Phase 2-Construction 14,500,000 - 8,903,575 8,903,575 8,817,585 85,856 134 5,596,425 134 Public Safety Complex, Phase 2-FFE 1,274,385 - 1,224,224 1,224,224 949,318 19,857 255,049 50,161 255,049 Fire Engine Station 4 - FUNDS REALLOCATED 1,100,000 - - - - - - - 1,100,000 Fire Station #4 - Design 600,000 - 285,616 285,616 135,048 150,568 - 337,939 (23,555) Fire Station #4 - Engine 1,250,000 - 117,557 117,557 48,031 7,257 62,270 1,132,443 62,270 Fire Station #4 - Ambulance 552,000 - 509,445 509,445 7,794 449,717 51,934 42,555 51,934 Fire Station #4 - Other Costs 400,000 - - - - - - 8,250 391,750 Total Facility Projects 24,326,060$ -$ 12,016,439$ 12,016,439$ 10,260,133$ 817,988$ 938,318$ 10,436,376$ 2,811,563$ Transfer Out - - - - - - - - - Total Expenditures 148,654,730$ -$ 81,784,368$ 81,784,368$ 31,065,361$ 51,961,009$ (1,242,001)$ 44,141,080$ 21,487,281$ REVENUE OVER (UNDER) EXPENDITURES (79,084,368)$ (22,604,482)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 77,609,702 77,609,702 Ending Fund Balance (Restricted for Capital Projects) Current Month (1,474,666)$ 55,005,220$ 29 Page 45 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income -$ -$ -$ 866,636$ Bond Proceeds - - - - Transfers In - 146,650 146,650 186,539 Transfers In - Impact Fee Funds - - - - Transfers In - Bond Funds - - - - Total Revenues -$ 146,650$ 146,650$ 1,053,175$ EXPENDITURES Lower Pressure Plane Pump Station Design 24,331,100$ -$ 16,204,853$ 16,204,853$ 7,244,629$ 9,093,843$ (133,620)$ 1,701,715$ 6,290,913$ Custer Rd Meter Station/Water Line Relocation 3,869,563 - 826 826 48,276 - (47,450) 3,832,735 (11,448) Upper Doe Branch WW Line (Teel-PISD Stadium)25,000 - - - - - - - 25,000 DNT Water Line Relocation (US 380 - First St)146,650 - 146,650 146,650 - 146,650 - - - Water Line Relocation Frontier 400,000 - 398,239 398,239 184,498 217,560 (3,819) 2,041 (4,099) Total Water & Wastewater Projects 28,772,313$ -$ 16,750,568$ 16,750,568$ 7,477,403$ 9,458,053$ (184,889)$ 5,536,490$ 6,300,366$ Frontier Park/Preston Lakes Drainage 1,085,000$ -$ 148,379$ 148,379$ 140,960$ -$ 7,419$ 648,022$ 296,018$ Old Town Regional Pond #2 385,000 - 17,114 17,114 - 17,114 - 31,210 336,677 Total Drainage Projects 1,470,000$ -$ 165,493$ 165,493$ 140,960$ 17,114$ 7,419$ 679,232$ 632,695$ Transfer out - - - - - - - - Total Expenses 30,242,313$ -$ 16,916,060$ 16,916,060$ 7,618,363$ 9,475,167$ (177,470)$ 6,215,722$ 6,933,061$ REVENUE OVER (UNDER) EXPENDITURES (16,769,410)$ (6,565,188)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 40,601,835 40,601,835 Ending Fund Balance (Restricted for Capital Projects) Current Month 23,832,425$ 34,036,647$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2023 CAPITAL PROJECTS FUND-WATER/SEWER 30 Page 46 Item 4. Page 1 of 2 To: Mayor and Town Council From: Robert Cook, Facilities Manager Through: Chuck Ewings, Assistant Town Manager Re: Custodial Contract Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon awarding RFP No. 2023-27-A to UBM Enterprises Inc. related to custodial services for Town facilities; and authorizing the Town Manager to execute a contract for services for the same. Description of Agenda Item: The TDI contract for facilities management was not renewed and the Town must contract a custodial service. Staff received and reviewed 16 proposals and recommends UBM enterprises to provide custodial services. This contract will cover Town Hall, Police Department, Fire Services, the Parks Administration, and Public Works buildings. The previous contract cost was $170,490 annually, the proposed contract cost of $157,004.28 provides some savings. Budget Impact: The budget impact for the contract will be $157,004.28 from Facilities budget, 100-5480-50-05. This contract is for one year with 4 automatic renewals unless terminated by the Town. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Contract for Services Town Staff Recommendation: Town Staff recommends awarding RFP No. 2023-27-A to UBM Enterprises Inc. related to custodial services for Town facilities; and authorizing the Town Manager to execute a contract for services for the same. Facilities Management Page 47 Item 5. Page 2 of 2 Proposed Motion: I move to approve awarding RFP No. 2023-27-A to UBM Enterprises Inc. related to custodial services for Town facilities; and authorizing the Town Manager to execute a contract for services for the same. Page 48 Item 5. Contract for Services Version 05/22 RFP No. 2023-27-A Page 1 TOWN OF PROSPER CONTRACT FOR SERVICES RFP NO. 2023-27-A CUSTODIAL SERVICES This Contract is made by the Town of Prosper, Texas, a municipal corporation (“Town”) and UBM Enterprise, Inc. (“Contractor”). The Town and Contractor agree: 1. EMPLOYMENT OF THE CONTRACTOR. The Town agrees to retain the Contractor, and the Contractor agrees to provide services relative to: RFP 2023-27-A Custodial Services (hereinafter referred to as “Services”) in connection with the terms and conditions as set forth in Exhibit A, attached hereto and incorporated by reference. 2. SCOPE OF SERVICES. The Services to be performed are specified in Exhibit A. Deviations from the scope of work may be authorized from time to time by the Town in writing. 3. SCHEDULE OF WORK. The Contractor agrees to begin work upon receipt of written authorization from the Town. Time is of the essence for this Contract and work is to commence immediately. 4. CONTRACT PERIOD. The contract period is for one-year from date of award of contract. All pricing is to remain firm during the contract period. The contract is renewable for up to four (4) additional one-year terms on an annual basis, if written notice of the intent to renew is provided to either party not less than sixty (60) days prior to the termination date. 5. COMPENSATION. Contractor’s total compensation for services to be performed and expenses to be incurred is specified in Exhibit B. 6. PAYMENTS. Payments will be processed on a monthly basis with payment available within thirty (30) days after receipt of the invoice for the previous month’s service or as set forth in Exhibit A. 7. INVOICING. Invoices should be prepared and submitted to the Town for payment in accordance with Exhibit A. Invoices should be mailed to Town of Prosper, Accounts Payable, P.O. Box 307, Prosper, TX 75078, or emailed to ap@prospertx.gov. 8. RIGHTS OF WITHHOLDING. The Town may withhold any payment or partial payment otherwise due the Contractor on account of unsatisfactory performance by the Contractor. The amount to be withheld will be calculated based on the work not performed and the impact to the Town. Any payment or partial payment that may be withheld for unsatisfactory performance can be used to remedy the lack of performance and will not be paid to the Contractor. 9. INFORMATION PROVIDED BY THE TOWN. Although every effort has been or will be made to furnish accurate information, the Town does not guarantee the accuracy of information it furnishes to Contractor. 10. INSURANCE. The Contractor shall provide proof that it has obtained and will continue to maintain throughout the duration of the Contract the insurance requirements set forth in Exhibit A. Failure to maintain the required insurance may result in immediate termination of the Contract. Page 49 Item 5. Contract for Services Version 05/22 RFP No. 2023-27-A Page 2 11. INDEMNIFICATION. As specified in Exhibit A. 12. TRANSFER OF INTEREST. Neither Town nor Contractor may assign or transfer its interests in the Contract without the written consent of the other party. Such consent shall not be unreasonably withheld. This Contract is binding on Town, Contractor, and their successors and assigns. Nothing herein is to be construed as creating a personal liability on the part of any Town officer, employee or agent. 13. AUDITS AND RECORDS. At any time during normal business hours and as often as the Town may deem necessary, the Contractor shall make available to the Town for examination all of its records with respect to all matters covered by the Contract and will permit the Town to audit, examine and make copies, excerpts, or transcripts from such records. The Town may also audit all contracts, invoices, payroll records of personnel, conditions of employment and other data relating to the Contract. 14. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, national origin, disability or any other protected characteristic. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their age, race, color, religion, sex, national origin, disability or any other protected characteristic. Such actions shall include, but not be limited to the following: employment, promotions, demotion, transfers, recruitment or recruitment advertising, layoffs, terminations, selection for training (including apprenticeships), and participation in recreational activities. The Contractor agrees to post in conspicuous places, accessible to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provisions will be binding upon each subcontractor, except that the foregoing provisions shall not apply to contracts or subcontracts for customary office supplies. The Contractor shall keep records and submit reports concerning the racial and ethnic origin(s) of applicants employment and employees as the law may require. 15. TERMINATION OF CONTRACT. Town may terminate this Contract upon sixty (60) days’ written notice to Contractor, except in the event (i) Contractor is in breach of this Contract or (ii) Contractor fails to comply with the terms of Exhibit A. If either of the foregoing conditions exists, Town shall notify Contractor and Contractor shall be given two (2) days to cure such breach or failure to comply. Should Contractor fail to cure to the satisfaction of the Town, Town may terminate this Contract upon written notice. Furthermore, the Town retains the right to terminate this Contract at the expiration of each Town budget period (September 30) during the term of this Contract, even without prior notice as described in the preceding sentence. Page 50 Item 5. Contract for Services Version 05/22 RFP No. 2023-27-A Page 3 In the event of any termination hereunder, Contractor consents to Town’s selection of another Contractor to assist the Town in any way in completing the Services. Contractor further agrees to cooperate and provide any information requested by Town in connection with the completion of the Services. Contractor shall be compensated for Services performed and expenses incurred for satisfactory work up to the termination date in that Contractor shall receive a portion of fees and expenses permitted under this Contract in direct proportion to percentage of work actually completed up to the termination date. This provision shall not deprive the Town of any remedies against Contractor that may be available under applicable law. 16. CONTRACTOR’S REPRESENTATIONS. Contractor hereby represents to Town that Contractor is financially solvent and possesses sufficient experience, licenses, authority, personnel, and working capital to complete the Services required. 17. TOWN APPROVAL FOR ADDITIONAL WORK. No payment, of any nature whatsoever, will be made to Contractor for additional work without the Town’s written approval before such work begins. 18. PERFORMANCE BY CONTRACTOR. All Services provided by the Contractor hereunder shall be performed in accordance with the highest professional standards and in accordance with Exhibit A, and Contractor shall be responsible for all Services provided hereunder whether such services are provided directly by Contractor or by any subcontractors hired by Contractor. The Contractor shall perform all duties and Services and make all decisions called for hereunder promptly and without unreasonable delay. Contractor shall not utilize subcontractors to perform Services without the Town’s prior written consent. 19. DAMAGE. In all instances where Town property and/or equipment is damaged by the Contractor’s employees, a full report of the facts, extent of the damage and estimated impact on the Contractor’s schedule shall be submitted to the Town by 8 a.m. of the following Town business day after the incident. If damage may result in further damages to the Town or loss of Town property, the Contractor must notify Police Dispatch immediately. The Contractor shall be fully liable for all damage to Town property or equipment caused by the Contractor’s officers, employees or agents. 20. TOWN OBJECTION TO PERSONNEL. If at any time after entering into this Contract, Town has any reasonable objection to any of Contractor’s personnel, or any personnel retained by Contractor, then Contractor shall promptly propose substitutes to whom the Town has no reasonable objection, and the Contractor’s compensation shall be equitably adjusted to reflect any difference in the Contractor’s costs occasioned by such substitution. 21. COMPLIANCE WITH LAWS. The contractor warrants and covenants to the Town that all Services will be performed in compliance with all applicable federal, state, county and Town laws, rules, and regulations including, but not limited to, the Texas Industrial Safety and Health Act and the Workers Right-to-Know Law. All necessary precautions shall be taken to assure that safety regulations prescribed by OSHA and the Town’s representative are followed. 22. “ANTI-ISRAEL BOYCOTT” PROVISION. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Page 51 Item 5. Contract for Services Version 05/22 RFP No. 2023-27-A Page 4 Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Contract on behalf of the company verifies by its signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. 23. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. 24. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. 25. NON-BINDING MEDIATION. In the event of any disagreement or conflict concerning the interpretation of this Contract, and such disagreement cannot be resolved by the Town and the Contractor, the Town and Contractor agree to submit such disagreement to non-binding mediation. 26. ENTIRE CONTRACT. This instrument together with Exhibit A attached hereto contains the entire Contract between the Town and Contractor concerning the Services. There will be no understandings or contracts other than those incorporated herein. The Contract may not be modified except by an instrument in writing signed by the parties hereto. In the event of a conflict between an attachment to this Contract and this Contract, this Contract shall control. 27. MAILING ADDRESSES. All notices and communications concerning this Contract to be mailed or delivered to the Town shall be sent to the address of the Town as follow, unless and until the Contractor is otherwise notified: Town of Prosper Attn: Jay Carter, Purchasing Manager P.O. Box 307 Prosper, TX 75078 jcarter@prospertx.gov All notices and communications under this Contract to be mailed or delivered to the Contractor shall be sent to the address listed below until the Town is otherwise notified: UBM Enterprise, Inc Jae Song, Chief Operating Officer 11102 Ables LN Dallas, TX 75229 Jae.song@ubmhq.com Page 52 Item 5. Page 53 Item 5. Exhibit A Request for Proposal Page 54 Item 5. 2023-27-A Addendum 1 Custodial Services Issue Date:7/30/2023 Questions Deadline:8/15/2023 12:00 PM (CT) Response Deadline:8/22/2023 02:00 PM (CT) Contact Information Contact:Jay Carter Purchasing Manager Address:Purchasing Office Town Hall 3rd Floor 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1018 Email:jcarter@prospertx.gov Deadline: 8/22/2023 02:00 PM (CT)2023-27-A Addendum 1Page 1 of 8 pages Page 55 Item 5. Event Information Number:2023-27-A Addendum 1 Title:Custodial Services Type:Request for Proposals Issue Date:7/30/2023 Question Deadline:8/15/2023 12:00 PM (CT) Response Deadline:8/22/2023 02:00 PM (CT) Notes: This Town of Prosper is requesting proposals for Custodial Services for various facilities. This is a one-year agreement and with four (4) optional one (1) year renewals at mutual agreement of the Town and the Vendor. The questions deadline for this proposal is August 15, 2023, at 12:00 PM CT. Proposals are due August 22, 2023, by 2PM and can be submitted through IonWave. The names of the vendors that have submitted a proposal will be read at 3PM on August 22, 2023. Please use the following meeting link if you are interested: Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 214 239 149 302 Passcode: WEeMQf MANDATORY SITE VISITS Mandatory site visits are required prior to submitting a proposal and will be conducted by a Facility Staff member on August 9, 2023, and August 10, 2023, at 8:30 AM CT. Vendors must attend one of the two times offered. Sign in is required. All sites must be visited and conducted by a Facilities Staff member. Bids will only be accepted from vendors who have visited all of the sites and whose names are on the sign in sheets. The mandatory site visit will start with a pre-bid meeting at Town of Prosper Town Hall, 250 W. First Street, Prosper, TX 75078 in the Foyer at 8:30 AM. Ship To Information Contact:Jay Carter, Purchasing Manager Address:Purchasing Office Town Hall 3rd Floor 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1018 Email:jcarter@prospertx.gov Billing Information Contact:Accounts Payable Address:Finance Town Hall 3rd Floor 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1017 Email:ap@prospertx.gov Deadline: 8/22/2023 02:00 PM (CT)2023-27-A Addendum 1Page 2 of 8 pages Page 56 Item 5. Bid Attachments 2023-27-A Addendum #1.pdf Download 2023-27-A Addendum #1 2023-27-A RFP for Custodial Services Updated 7-31-2023.pdf Download 2023-27-A RFP for Custodial Services Updated 7-31-2023 Insurance Requirements for General Services R7-25-19.pdf Download Insurance Requirements for General Services Standard Terms and Conditions for Procurements V 4-24-20.pdf Download Standard Terms and Conditions for Procurements Conflict of Interest Questionnaire - fillable.pdf Download Conflict of Interest Questionnaire References Worksheet - fillable.pdf Download References Worksheet Standard Contract for Services Version 05-25-2022.pdf Download Example of Standard Contract for Services Version 05-25-2022 Requested Attachments Proposal (Attachment required) Please ensure that you provide all required information, including all attachments, combined and uploaded as a single document. Bid Attributes 1 Terms and Conditions Acknowledgement I have read, understand and agree to all terms and conditions contained in this solicitation. I Agree (Required: Check if applicable) 2 Certification By checking this box, submitter hereby certifies that he/she understands the specifications, has read the document in its entirety and that the prices contained in this bid/proposal have been carefully reviewed and are submitted as correct and final. Vendor further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered, in accordance with the terms and conditions contained herein. Vendor agrees that acceptance of any or all items by the Town of Prosper, Texas, within the time frame indicated in this solicitation, constitutes a contract. The individual submitting this bid/proposal certifies that he/she is a legal agent of the company, authorized to submit on behalf of the company, and is legally responsible for the decisions as to the prices and supporting documentation provided. I Agree (Required: Check if applicable) 3 Addendum No. 1 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 1 (if issued by the Town of Prosper). I Agree (Optional: Check if applicable) Deadline: 8/22/2023 02:00 PM (CT)2023-27-A Addendum 1Page 3 of 8 pages Page 57 Item 5. 4 Addendum No. 2 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 2 (if issued by the Town of Prosper). I Agree (Optional: Check if applicable) 5 Addendum No. 3 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 3 (if issued by the Town of Prosper). I Agree (Optional: Check if applicable) Bid Lines 1 Package Header Base Bid Quantity:1 UOM:EA Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Package Items 1.1 Prosper Town Hall (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1.2 Prosper Public Library (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1.3 Central Fire Station #1 (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1.4 Line deleted as part of an Addendum Deadline: 8/22/2023 02:00 PM (CT)2023-27-A Addendum 1Page 4 of 8 pages Page 58 Item 5. 1.5 Fire Station #2 (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1.6 Fire Station #3 (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1.7 Parks Admin Offices (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1.8 Parks Recreation Offices (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1.9 Parks Operations Offices (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1.10 Police Department (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Deadline: 8/22/2023 02:00 PM (CT)2023-27-A Addendum 1Page 5 of 8 pages Page 59 Item 5. 1.11 Public Works Complex (Response required) Quantity:12 UOM:Month Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 Additional day porter services during business hours as needed per person per hour (Response required • Line excluded from response total) Quantity:1 UOM:HR Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 Additional cleanup services after hours as needed or for special events - per person per hour (Response required • Line excluded from response total) Quantity:1 UOM:HR Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 Upholstery shampooing per chair (Response required • Line excluded from response total) Quantity:1 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 Upholstery shampooing per couch (Response required • Line excluded from response total) Quantity:1 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 Upholstery shampooing per bench (Response required • Line excluded from response total) Quantity:1 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Deadline: 8/22/2023 02:00 PM (CT)2023-27-A Addendum 1Page 6 of 8 pages Page 60 Item 5. 7 Additional carpet cleaning per square foot (Response required • Line excluded from response total) Quantity:1 UOM:SF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 8 Additional public/office space cleaning per square foot (Response required • Line excluded from response total) Quantity:1 UOM:SF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 9 Additional recreation space cleaning per square foot (Response required • Line excluded from response total) Quantity:1 UOM:SF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 0 Additional maintenance space cleaning per square foot (Response required • Line excluded from response total) Quantity:1 UOM:SF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Deadline: 8/22/2023 02:00 PM (CT)2023-27-A Addendum 1Page 7 of 8 pages Page 61 Item 5. Supplier Information Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. Print Name Signature Deadline: 8/22/2023 02:00 PM (CT)2023-27-A Addendum 1Page 8 of 8 pages Page 62 Item 5. 1 REQUEST FOR PROPOSAL #2023-27-A CUSTODIAL SERVICES INTRODUCTION This Town of Prosper is requesting proposals for Custodial Services for various facilities. This is a one-year agreement and with four (4) optional one (1) year renewals at mutual agreement of the Town and the Vendor. The questions deadline for this proposal is August 15, 2023, at 12:00 PM CT. Proposals are due August 22, 2023, by 2PM and can be submitted through IonWave. The names of the vendors that have submitted a proposal will be read at 3PM on August 22, 2023. Please use the following meeting link if you are interested: Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 214 239 149 302 Passcode: WEeMQf MANDATORY SITE VISITS Mandatory site visits are required prior to submitting a proposal and will be conducted by a Facility Staff member on August 9, 2023, and August 10, 2023, at 8:30 AM CT. Vendors must attend one of the two times offered. Sign in is required. All sites must be visited and conducted by a Facilities Staff member. Bids will only be accepted from vendors who have visited all of the sites and whose names are on the sign in sheets. The mandatory site visit will start with a pre-bid meeting at Town of Prosper Town Hall, 250 W. First Street, Prosper, TX 75078 in the Foyer at 8:30 AM. EVALUATION CRITERIA As a request for proposal, the Town will take the following evaluation criteria into account, in order of importance: • Price (40%) • References for custodial services contracts equal to the size and complexity of the Town’s requirements from the past three years (30%) • Screening/Hiring/Training Practices (15%) • Management and Quality Control (15%) SCOPE OF WORK  TOWN HALL: o Address: 250 W. First Street, Prosper, Texas 75078 Page 63 Item 5. 2 o Space Type: Office/Public o Cleanable Square Footage: 35,000 o Cleaning Hours:  Day Cleaning: • Day porter: 7 AM to 11 AM  Night Cleaning: • Monday – Friday: 5pm through 5am o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only.  The flooring throughout Town Hall is to be swept and damp mopped only, NO wax unless verified with staff  All of the glass on the first floor, including the Utility Billing teller windows, shall be cleaned both inside and out to a height of 15 ft. This includes the glass within doors.  Town supplied recycling rolling carts are to be put out near the dumpsters every Tuesday night. They MUST be spaced at least 3 feet apart for pickup.  The elevator must be cleaned nightly including doors, mats, floors, and walls.  TOWN OF PROSPER LIBRARY o Address: 200 S Main Street, Prosper, TX 75078 o Space Type: Public o Cleanable Square Footage: 9,640 o Cleaning Hours:  Day Cleaning: • 1 Day Porter is required Monday - Friday. This day porter will be shared with Town Hall during the hours of 7AM -11AM M-F • Cleaning hours are as follows (exact times for porters will be determined at a later time): o Monday – Friday from 5PM – 5AM o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only.  Day Cleaners: • Day cleaners to be provided: o Monday – Thursday: 1 day cleaner • Day cleaners are to focus their attention on restrooms, dusting, windows, door glass, stair rails and doorknobs.  Night Cleaners: • Night cleaners are to focus their attention on restrooms, study rooms, conference rooms, programming rooms, hallways, open staff Page 64 Item 5. 3 workrooms, offices, public seating areas, carpeted aisles and walkways areas, stairs and seating, staff breakroom counters, tabletops and floors. • All elevators must be cleaned nightly including doors, mats, floors, and walls. • Study rooms should be vacuumed nightly. • Hard surfaces should be swept, and damp mopped nightly. • Carpeted areas should be vacuumed nightly • Take out trash & empty desk trash cans.  PARKS ADMINISTRATION: o Address: 409 E. First Street, Prosper, Texas 75078 o Space Type: Office o Cleanable Square Footage: 2,300 o Cleaning Hours:  Night Cleaning: • Monday – Friday: 5pm through 5am • Hard surfaces should be swept, and damp mopped nightly. • Carpeted areas should be vacuumed nightly • Trash and recycling should be emptied nightly • Restrooms should be cleaned nightly • Dust as needed o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only. The flooring throughout Town Hall is to be swept and damp mopped only, NO wax unless verified with staff  PARKS RECREATION OFFICES: o Address: 407 E. First Street, Prosper, Texas 75078 o Space Type: Office o Cleanable Square Footage: 1,350 o Cleaning Hours:  Night Cleaning: • Monday – Friday: 5pm through 5am • Hard surfaces should be swept, and damp mopped nightly. • Carpeted areas should be vacuumed nightly • Trash and recycling should be emptied nightly • Restrooms should be cleaned nightly • Dust as needed Page 65 Item 5. 4 o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only. The flooring throughout Town Hall is to be swept and damp mopped only, NO wax unless verified with staff  PARKS OPERATIONS: o Address: 101 Dylan Dr, Suite D, Prosper, Texas 75078 o Space Type: Office o Cleanable Square Footage: 500 o Cleaning Hours:  Night Cleaning: • Monday – Friday: 5pm through 5am • Hard surfaces should be swept, and damp mopped nightly. • Carpeted areas should be vacuumed nightly • Trash and recycling should be emptied nightly • Restrooms should be cleaned nightly • Dust as needed o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only. The flooring throughout Town Hall is to be swept and damp mopped only, NO wax unless verified with staff  Police Department: o Address: 801 Safety Way, Prosper, Texas 75078 o Space Type: Office/Public o Cleanable Square Footage: 23,159 o Cleaning Hours:  Day Cleaning: 8 hours – day cleaning only o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only. The flooring throughout the Police Department is to be swept and damp mopped only, NO wax unless verified with Facilities Management staff  All of the glass shall be cleaned both inside and outside to a height of 15 ft. This includes the glass within doors.  Town supplied recycling rolling carts are to be put out near the dumpsters every Tuesday night. They MUST be spaced at least 3 feet apart for pickup.  Carpeted areas should be vacuumed daily Page 66 Item 5. 5  Trash and recycling should be emptied daily  Restrooms and locker rooms should be cleaned daily  All showers, toilets, urinals, sinks, etc. are to be cleaned daily  Dust as needed  Workout room to be swept, damp mopped, and all equipment dusted and cleaned daily.  Public Works: o Address: 601 W Fifth Street, Prosper, Texas 75078 o Space Type: Office o Cleanable Square Footage: 9,000 total in 3 buildings o Cleaning Hours:  Day Cleaning: • Twice weekly cleaning – 8AM to 3PM o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only. The flooring throughout the Department is to be swept and damp mopped only, NO wax unless verified with Facilities Management staff.  Three kitchens to be cleaned twice weekly. (counters, sinks and floor.)  Trash to be put out in dumpster.  Carpeted areas should be twice weekly  Trash and recycling should be emptied twice weekly  Restrooms and locker rooms should be cleaned twice weekly  All showers, toilets, urinals, sinks, etc. are to be cleaned twice weekly and dust as needed.  Central Fire Station #1: o Address: 911 Safety Way, Prosper, Texas 75078 o Space Type: Office/Public o Cleanable Square Footage: 30,358 o Cleaning Hours:  Day Cleaning: • Day cleaning only: 8 AM -4 PM o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only. The flooring throughout the building is to be swept and damp mopped only, NO wax unless verified with Facilities Management staff  All of the glass shall be cleaned both inside and out to a height of 15 ft. This includes the glass within doors. Page 67 Item 5. 6  Town supplied recycling rolling carts are to be put out near the dumpsters every Tuesday afternoon. They MUST be spaced at least 3 feet apart for pickup.  Carpeted areas should be vacuumed daily  Trash and recycling should be emptied daily  Restrooms and locker rooms should be cleaned daily  All showers, toilets, urinals, sinks, etc. are to be cleaned every day  Dust as needed  Fire Station #2: o Address: 1140 S Teel Parkway, Prosper, Texas 75078 o Space Type: Office/Public o Cleanable Square Footage: 16,206 o Cleaning Hours:  Day Cleaning: • Day Cleaning: 12PM – 5 PM o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only. The flooring throughout the Police Department is to be swept and damp mopped only, NO wax unless verified with Facilities Management staff  All of the glass shall be cleaned both inside and out to a height of 15 ft. This includes the glass within doors.  Town supplied recycling rolling carts are to be put out near the dumpsters every Tuesday afternoon. They MUST be spaced at least 3 feet apart for pickup.  Carpeted areas should be vacuumed daily  Trash and recycling should be emptied daily  Restrooms and locker rooms should be cleaned daily  All showers, toilets, urinals, sinks, etc. are to be cleaned every day  Dust as needed  Fire Station #3: o Address: 1500 E First Street, Prosper, Texas 75078 o Space Type: Office/Public o Cleanable Square Footage: 10,300 o Cleaning Hours:  Day Cleaning: • Day Cleaning: 12 PM – 4 PM o Cleaning Requirements:  See Exhibit A: Cleaning Schedule and Specifications for a schedule of cleaning duties by room/area. This is a sample form only. The flooring throughout the Police Department is to be swept and damp mopped only, NO Page 68 Item 5. 7 wax unless verified with Facilities Management staff  All of the glass shall be cleaned both inside and out to a height of 15 ft. This includes the glass within doors.  Town supplied recycling rolling carts are to be put out near the dumpsters every Tuesday afternoon. They MUST be spaced at least 3 feet apart for pickup.  Carpeted areas should be vacuumed daily  Trash and recycling should be emptied daily  Restrooms and locker rooms should be cleaned daily  All showers, toilets, urinals, sinks, etc. are to be cleaned every day  Dust as needed CLEANING STANDARDS The following standards will be used to determine the quality of services being provided. A. Common Areas (including Break Rooms) 1. Lobby and entrance floors should be clean and free of dirt streaks and there should be no dirt remaining in corners, behind doors or where the dirt was picked up with the dustpan after the housekeeping operation. Floors should be free of loose and/or caked dirt particles and should present an overall appearance of cleanliness. 2. Floors in all common areas, hallways, breakrooms, lunchrooms, landings, foyers, etc. should be waxed or cleaned as appropriate for the type of floor 2-4 times per year or as requested. 3. Wall surfaces should be free of finger marks, smudges, and other dirt spots of any kind. 4. Walls, baseboards, and other surfaces should be free of watermarks, scars from the cleaning equipment striking the surfaces, and splashing from the cleaning solution and rinse water. 5. Door handles/doorknobs, push bars, kick plates, railings, doors & other surfaces should be clean and polished to an acceptable luster. 6. Any drinking fountains located within the assigned area should be clean and free of stains. The wall surfaces around the drinking fountains should be free of water spots and streaks. 7. Stair landings, steps and all corners of stair treads should be free of loose dirt or dust streaks after sweeping. 8. Stair railings, fire extinguisher cabinets, door frames and moldings, ledges, radiators, and grilles should be dust free. The dust should have been removed rather than pushed around. 9. Glass surfaces should be clean and free of any smudges, finger marks, and dirt. Page 69 Item 5. 8 10. Lounge and conference room tables should be clean and free of smudges, finger marks, cup rings and other debris. Chairs should be clean and free of dust or debris. 11. Lounge and conference room floors should be free of dirt and debris. 12. Chairs and other furniture should be left in a neat, orderly condition. 13. Elevators should be clean and odor free; metal surfaces must be free of smudges and finger marks. Products used to clean and treat stainless-steel surfaces should not leave an oily residue. 14. Ashtrays and sand urns should be clean, fresh sand, odor free and all debris removed. 15. Floor and entry mats (including exterior matting) should be vacuumed and free of debris. 16. Light fixtures should be free of dead insects and other dirt. 17. Vents and grills must be free of soot, dust, cobwebs, and other debris. 18. All stairways and carpeted areas should be vacuum cleaned and/or swept daily. B. Office Areas 1. All wastepaper baskets should be empty and in place, clean and ready for use. Recyclable materials and trash should be separated and disposed of appropriately. 2. Trash should not be left on floor. 3. Corners and crevices should be free from any dust. 4. Ledges and flat surfaces should be free of dust on any surface. 5. Woodwork, after being properly dusted, should appear bright. 6. There should not be any oily spots or smudges on walls. 7. There should not be any dust streaks on desks or other office equipment. 8. There should not be any dirt left in corners, under furniture, or behind doors. 9. Glass surfaces should be clean and free of any smudges, finger marks, and dirt. 10. There should be no trash or foreign matter under desks, tables, or chairs. 11. Baseboards, furniture, and equipment should not be disfigured or damaged during the cleaning operation. 12. Furniture and equipment moved during sweeping should be replaced. Page 70 Item 5. 9 13. All items in offices, including chairs, machines, calendars, pictures, phones, and wastebaskets are to be left in their original locations. Radios, televisions, tape recorders, etc. are not to be used by cleaning personnel. 14. Items marked “TRASH” / “BASURA” which are not in trash cans, are to be removed. Unmarked items are not to be removed. 15. All stairways and carpeted areas should be vacuum cleaned and/or swept daily. C. Restrooms 1. All used paper towel receptacles should be emptied. 2. All sanitary receptacles should be clean, both inside & outside, and contain a new waxed paper bag liner. 3. The waxed paper bags containing collected contents of the sanitary receptacles must be deposited in a proper container and removed. 4. No trash should be on the floor. 5. When replenishing toilet paper rolls, the new roll should be “started” by freeing the strand so that it can be unrolled. 6. All dispensers of supplies should be clean and filled with the proper supplies. 7. All mirrors should be free of streaks, smudges, water spots, dust and lipstick and should not be cloudy or hazed in appearance. 8. All supply dispensers should be clean and free of finger marks and water spots. 9. Glass surfaces should be clean and free of any smudges, finger marks, and dirt. 10. All shelves and shelf brackets should be free of gum, dust, fingerprints, water stains, smudges, and other soil. 11. All porcelain surfaces of wash basins, toilets and urinals should be free of dust, dirt, spots and stains. 12. The wall surfaces should be free of spots and smears. 13. All toilet seats should be left in raised position after cleaning. They should be free of spots and stains, and the seat hinges should be free of green mold. 14. The plumbing fixtures should be free of green mold and water stains. 15. The partitions between the urinals in men’s restrooms should be cleaned, dried, and free of water spots. 16. Walls, stall partitions and doors should be free of hand marks, dust, pencil marks, lipstick Page 71 Item 5. 10 smudges, water streaks, mop marks, green mold, and graffiti. D. Number of Restrooms Town Hall – 6, Police Department – 4, Central Fire – 12, Public Works –6, Parks Admin - 2, Parks Annex –2, Library – 4 E. Number of Toilets Town Hall – 20, Police Department – 8, Central Fire 14, Public Works – 6, Parks Admin - 2, Parks Annex – 2, Library – 4 F. Number of Urinals Town Hall – 6, Police Department – 4, Central Fire 2, Public Works – 2, Parks Admin - 0, Parks Annex – 0, Library – 0 G. Number of Sinks Town Hall – 14, Police Department – 10, Central Fire 12, Public Works –6, Parks Admin - 4, Parks Annex – 3, Library – 3 H. Number of effective Police Department – 8, Central Fire 8, Public Works –2, Parks Admin - 0, Parks Annex 0 I. Trash and Recycling Separation Requirements There are trash containers and recycling containers in the cubicles and in the work rooms and common areas throughout every facility. Keep trash separate from recycling. Recycling containers are blue and will contain aluminum cans, paper, glass, metal, and plastic all in the same blue containers. No separation of recyclable products is required. The Town properly recycles all its recyclable products. The contractor is not required to separate recyclable products from trash cans. Trash and recycling should be emptied into dedicated bins located outside the facilities daily. J. Cleaning of Upholstered Seating Cleaning of upholstered chairs, couches, and benches are to be done on an as needed basis only and will be requested by the Facilities Manager. SUPPLIES & EQUIPMENT A. Supplies and Materials 1. The contractor shall furnish all necessary cleaning supplies and materials as may be required to perform the cleaning assignments outlined in these specifications. All supplies Page 72 Item 5. 11 and materials shall be of the highest quality and subject to the approval of the Town’s Representative. No additional charges shall be made for these items. The contractor will not use any cleaning agent, chemical or other material which is deemed harmful or unsuitable for the purpose intended. Contractor shall furnish plastic trash can liners, wax bags for soiled sanitary napkins, plastic bags used for the collection of trash, floor pads and manual aids. 2. The contractor shall furnish various sized roll toilet tissue, tri fold paper towels, roll paper towel, liquid clear or white hand soap (no colored soap), and urinal screens. The Town of Prosper promotes sustainable practices. Toward that effort, the contractor will use cooperation with the Town in that all cleaning chemicals in the building shall meet the requirements of Green Seal standard GS-37 and California Code of Regulations, Title 17, Section 94509 for VOC Standards All chemicals and materials must be reviewed by the Facilities Manager before they are allowed into the building. Unapproved chemicals will not be allowed in the building. A roster and inventory of all chemicals in the building will be maintained by the Town’s Facilities Manager. 3. The contractor shall furnish floor finish, strippers, buffing compound for high-speed rpm’s, conditioners for special type flooring and all related products to maintain all hard and resilient floors in a proper manner. 4. Contractor will be responsible for the neatness and proper storage of all equipment and chemicals. The contractor is required to supply all other items necessary to clean all areas in accordance with bid specifications. 5. Contractor will be responsible for cleaning ceramic tile and grout with an effective and safe tile and grout cleaner. B. Equipment 1. The contractor shall furnish all cleaning equipment required to perform the cleaning assignments outlined in these specifications. Such equipment includes floor machines (high/slow speed), carpet cleaning machines (extractors and bonnet buffers w/tanks, industrial type vacuums (dual motor & space vacuums), mop bucket wringer sets, wet/dry vacuums, water hose w/spray cleaning attachments (pressure washer), portable vacuums and upholstery equipment. 2. The contractor will maintain said equipment in good, safe, working order and shall ensure that the equipment is clean and presents a good appearance. Equipment determined by the Town to be unacceptable will be removed and replaced immediately by the Contractor. 3. Use of propane or gas-powered equipment is prohibited. C. Storage Page 73 Item 5. 12 1. Space shall be assigned to the contractor for storage of all supplies and equipment. The contractor shall be responsible for keeping the space in good order. 2. The Town shall not be held responsible for damages to the contractor’s stored supplies and equipment or personal belongings of the contractor or contractor’s personnel, caused by fire, theft, accidents, natural disasters, or any other incident. 3. The contractor shall not store combustible materials at any time within Town’s facilities. WORK PROCEDURES A. Supervision 1. The contractor or an authorized representative shall oversee all work performed under this contract on a daily basis. 2. The contractor or authorized representative will be available to receive messages or other information pertinent to the successful completion of the assigned work. Open communication with the Town’s Representative shall be maintained. 3. The contractor will provide adequate supervisory structure to ensure the direction of cleaning employees and ensure quality standards are met. 4. All personnel provided shall be appropriately supervised and directed by trained and qualified supervisors. 5. All supervisory and lead personnel must have previous experience working within a public, municipal work environment. Contractor must provide each supervisory and lead personnel with cell phones and provide the Facilities Manager with the cell phone numbers for immediate response to Town’s Representative(s). 6. The contractor will provide a supervisor who is fluent in the English language, both written and orally. B. Scheduling 1. The contractor shall schedule all required work so as not to interfere with Town operations. 2. Variances in schedules shall require prior approval of the Facilities Manager. 3. The contractor shall submit a monthly report of project work completed to the Facilities Manager. This report shall contain details of carpet cleaning, hard surface floor refinishing, window washing, blind washing, or other similar tasks. QUALITY CONTROL A. Inspections 1. Inspections of all contracted locations will be made by the Town’s authorized Page 74 Item 5. 13 representatives on a daily basis. 2. The contractor will complete a daily checklist, indicating what tasks were completed. Each facility will have its own checklist. When each checklist is filled out, the contractor will leave daily checklist in a pre-designated location the respective buildings. 3. The contractor shall agree to participate in scheduled monthly inspections with the Facilities Manager as needed. Wherever applicable a departmental liaison will also participate. 4. The contractor or contractor’s representative will meet with the Facilities Manager at least quarterly at the location designated by the Facilities Manager. 5. The contractor will furnish a written building work schedule based on the sample attached as Exhibit A (which includes daily/nightly, weekly, monthly, quarterly and other scheduled tasks). 6. The Town may give preference to a vendor that has proven quality control measures. (Scorecards, mobile apps, etc.) B. Assessment of Work 1. Once the work has commenced, should the Contractor fail to perform the services required and agreed to as outlined in the CLEANING STANDARDS, the Town will have been damaged by that lack of performance. Should Contractor fail to perform under the terms of the contract, the Town may incur damages. The Contractor will be notified in writing within twenty-four (24) hours of the failure to perform, and performance shall be required within twenty-four (24) hours after receipt of such notice. If the performance failure is not corrected within twenty-four (24) hours of receipt of notice, the Town reserves the right to have the work performed by others and costs associated with that work shall be withheld from the contractor’s fee. The Contractor shall agree to the following liquidated damages outlined below. 2. Liquidated Damages - In such an event, the Town is entitled to recover liquidated damages from Contractor, to be withheld from the Contractor’s Fee in an amount equal to two times (2x) the loaded labor rate of the Facilities staff member(s) who completed the Service times the number of hours it took to complete the Service. For the purposes of this Agreement, the loaded labor rate shall be based on the salary of the staff member(s) plus thirty-five percent (35%) thereof to account for various benefits and other compensation of the staff member(s). In the event that the Town hires an outside vendor to perform the duties, the contractor shall incur the direct costs of said vendor and have those costs withheld from their fee. 3. The contractor or authorized representative shall provide daily on-site supervision and quality control on a seven (7) days per week basis. 4. Failure to provide a satisfactory level of services will result in a credit adjustment. The Town reserves the right to determine the credit adjustment. 5. Each bidder must provide a sample copy of daily, weekly, monthly, etc. quality/completion reports and a proposed method of communicating completed activities and concerns. An Page 75 Item 5. 14 electronic method of accomplishing this reporting is acceptable and preferable as long as accountability is maintained. PERSONNEL A. Employees 1. The contractor shall employ competent, qualified workers who are capable of performing the required services. 2. As a measure to ensure award vendor provides the highest quality labor, all work will be carried out by the awarded vendor’s employees. No subcontracting of services or use of subcontracted wage laborers/independent contractors (those who receive IRS Form 1099 for annual wage reporting) is allowed. 3. Each worker’s minimum pay must be at least current minimum wage. The contractor will also comply with Federal and State laws regarding wages, including age and wage requirements. The contractor will provide Certified Payroll Reports, including copies of Texas State’s quarterly unemployment wage reports when requested by the Town. 4. The contractor shall employ individuals who are citizens of the U.S. or who have proof of right-to-work status. The contractor shall be in compliance with all federal and state immigration laws. 5. The contractor will provide the Town with evidence of successful drug screening and background investigation. ALL PERSONNEL ASSIGNED TO WORK IN THE POLICE DEPARTMENT WILL BE REQUIRED TO UNDERGO AND PASS A POLICE DEPARTMENT-ADMINISTERED BACKGROUND INVESTIGATION INCLUDING FINGER PRINTING at the expense of the vendor. The Town will invoice vendor for cost. 6. The contractor shall not assign duties at any Town facility to any individual who, within the preceding five years has been convicted of any felony or convicted of any misdemeanor involving theft, embezzlement, or fraud. 7. The contractor shall maintain a roster of employees and their work assignment. It shall be the responsibility of the contractor to keep the employee roster current and to provide the Facilities Manager with an updated roster any time there is a change. 8. The contractor shall insure that his/her employees do not bring children, or any other guest, to work with them in any Town facility. 9. The contractor shall ensure that all his/her employees shall observe all Town codes and ordinances governing Town employees conduct when on Town premises. 10. In the event that Town shall deem any employee as unacceptable or unsatisfactory, contractor shall remove such employee from the work force and shall supply a suitable replacement. Page 76 Item 5. 15 B. Identification 1. Employees of the contractor shall be required to display an ID badge at all times while on duty in any Town facility. The ID badge shall include a photograph of the employee, the employee’s name, and the name of the company he/she represents. Any contractor employee who is not displaying their ID badge will not be allowed to work in any Town facility. 2. The contractor’s employees shall be required to wear a distinctive uniform. This uniform must consist of a garment bearing the company’s name or logo. a. Uniforms, whether shirts or full uniforms, shall be the same for all employees. b. Uniforms shall be kept clean. Contractor’s employees should not report for work in dirty, smelly, or torn uniforms. c. Contractors’ employees are expected to comply with the following guidelines: • Clean uniforms are to be worn daily. • Shirts are to be properly buttoned & tucked into pants. • Headbands, shower caps, etc. are not permitted. • No open toed shoes, sandals, thongs, or other casual or lounging footwear are permitted. • Tobacco use is not permitted in any Town building. • Radios of any kind (except for 2-way devices) are not to be used during the performance of job duties except for the expressed purpose of carrying out their duties. This applies to earphone type radios or other types of audio players. • ABSOLULTELY NO MINORS (persons under the age of 18 years) ARE PERMITTED TO WORK WITH OR ACCOMPANY AN EMPLOYEE. 3. Town of Prosper policies prohibit discrimination based upon race, color, national origin, marital status, age, sex, or other non-merit factors. The contractor shall adhere to all applicable Equal Employment Opportunity policies and laws. C. Pre-Employment Screening 1. Criminal History Check: The Contractor must provide the Town with the full legal name, maiden name if applicable, social security number and legal address of employees working in Town facilities. The Custodial Contractor will conduct a criminal history check on all full-time or part-time contract personnel. 2. Drug Testing: All contractor personnel working in the Town of Prosper facilities will be required to submit to pre-employment drug screening prior to beginning service. The pre- employment screening will require the employee to provide a urine specimen at a Town approved medical facility under standardized drug screening procedures at the contractor’s expense. In the event that the drug testing indicates the presence of illicit Page 77 Item 5. 16 drugs as defined in the Town of Prosper Substance Abuse Policy, the employee will be denied work in any Town facility for a one-year period unless, within five days, written proof is provided to the Town that the employee has a valid current prescription for the substance in question. D. Safety & Security 1. The contractor shall ensure that his/her employees comply with all safety regulations and shall observe relevant safety practices at all times while performing the work. 2. Contractor shall provide material safety data sheets for all chemicals used in each building. MSDS sheets will remain at each location. 3. The contractor will be issued keys to each location. The contractor is liable for the disposition of all keys and badges issued to them. Each key will be assigned to, and signed for, by a representative authorized (in advance) by the contractor. The contractor will bear responsibility for any theft, vandalism or other loss that results from the loss of a key or badge issued to them. The contractor shall not copy any key issued by the Town; if additional keys are required, the contractor shall make a written request to the Facilities Manager. All keys issued to the contractor shall be returned at the termination of the contract. Lost keys are to be reported immediately to the Facilities Manager. The contractor will be liable for costs of re-keying locks, should keys issued to the contractor be lost. 4. The contractor shall be responsible for maintaining security during the time the work is being performed. Doors, gates, or any other means of entry and exit shall be locked at all times after the close of normal business hours. 5. The contractor shall be responsible for ensuring that each location is secured following the completion of the work. 6. Wherever applicable, the contractor shall insure that alarm systems are properly reset following the completion of the work. 7. Fires, hazardous conditions, and items requiring maintenance attention (burned out lights, toilet stoppages, structural damage) shall be reported to the Facilities Manager. 8. “Lost and Found” articles are to be turned in to the Facilities Manager. 9. In the event of a reported theft in any contracted building the contractor and his/her personnel will be expected to cooperate fully in any investigation conducted by Town personnel. Such investigations may include the use of polygraph exams. The Contractor will provide interpreters (when necessary) to expedite the investigations. 10. The contractor shall instruct his/her staff to report any suspicious activity in and around Town buildings. 11. The contractor shall not allow their employees, at any time, to open desk drawers, cabinets or to use office equipment, including the use of telephones for any purpose other than a local emergency call. Page 78 Item 5. 17 12. Town facilities are tobacco-free, this includes smokeless tobacco, vapor, and e-cigarettes. Their use is NOT allowed in Town facilities at any time. BID SUBMISSIONS In order to facilitate the evaluation process, bidders are requested to submit all documents below with their bids. All submittals may be researched, evaluated, and verified by Town staff. The Town may request additional information or conduct site visits as necessary. 1. Company Profile a. Provide a brief narrative overview of your company describing its structure, longevity, and primary business. Include information on relevant qualifications and certifications. Provide address information for offices, including the field office that will service this contract, and names and contact information for company officers and management. 2. Three Year Client Work History a. Provide a detailed list of the work history for past and current clients within the last three years. Highlight any experience in libraries, gymnasiums, sport courts, jails, fleet facilities, high security areas, or high‐traffic public facilities, including any previous experience with the Town of Prosper. Provide up‐to‐date contact information (address, contact person, phone, and email) for each engagement. Offerors are cautioned that the Town may use information obtained from other sources, in addition to information provided in this section, for evaluation of past and present performance. 3. Description of screening and hiring procedures. 4. Description of employee training procedures including initial training for new hires, retraining and remedial training. 5. Quality control method a. Describe your methodology for assuring quality control. This includes the tools or processes that are available for reporting and tracking issues or work orders. Also explain the process for escalation of issues. 6. Management Plan for supervision and transition. a. Provide your plan for management of contract services addressing supervisory structure for day, night, and weekend; any checklists, forms, or reports to be used; and any other relevant information. Provide a transition plan that addresses staffing initiatives and acquisition of equipment and supplies. 7. Affidavit of No Prohibited Interest Page 79 Item 5. 18 8. Conflict of Interest Questionnaire 9. BID FORMS a. PROPOSED PRICING TABLE b. PRICE FOR ADDITIONAL SERVICES c. PRICE FOR ADDITIONAL FACILITIES Page 80 Item 5. 19 REQUEST FOR PROPOSAL #2312-031 CUSTODIAL SERVICES Proposed Pricing Table *Costs should include day porters at the locations requested in the specification Description Monthly Cost Yearly Cost Town Hall Prosper Public Library Central Fire Station #1 Fire Station #2 Fire Station #3 Parks Admin Offices Parks Recreation Offices Parks Operations Offices Police Department Public Works Complex Page 81 Item 5. 20 Price for Additional Services or Facilities* Service Price U/M Day Porter Services during business hours per hour per person Additional cleanup services after hours (as needed, or special events) per hour per person Upholstery shampooing per chair Upholstery shampooing per couch Upholstery shampooing per bench Additional carpet cleaning per square foot Public/Office Space per square foot Recreation Space per square foot Maintenance Space per square foot * The Town may desire to add additional facilities to this agreement at any time. This price per square foot will be utilized to add additional areas. This price per square foot includes all labor, materials, supplies, etc. in order to maintain the space. Page 82 Item 5. EXHIBIT A: CLEANING SCHEDULES AND SPECIFICATIONS Note: The following is list of cleaning duties and their prescribed schedules. Unless noted, they are common to all buildings on the Town's custodial contract. LOCATION / BUILDING CLEANING AREA CLEANING ITEM TASK NOTES CLEANING SCHEDULE Daily Weekly Monthly Qtrly Semi- Annual Annual Seasonal? All All Trash Receptacles Empty and reline. Trash and recyclable waste should be kept separate and disposed of in the corresponding receptacles provided for the building. 1x Damp wipe germicidal solution to remove spots and soil 1x Wash interior and exterior with germicide 1x All All Recycle Receptacles Empty into properly labeled container or bins outside the building 1x All All Seating (washable) Spot clean with germicide and dry 1x All All Seating (upholster) Vacuum and remove spots, shampoo as needed and assigned 1x All All Drinking Fountains Clean with germicide, dry and polish with stainless fixtures with preapproved stainless steel cleaner 1x All All Lockers High dust tops, spot clean exteriors 2x All All Doors Remove grime and smudges 1x Wipe door handles, panic bars, kick plates, and door pulls with germicide 1x Door knobs, push bars, kick plates, railings, doors and other surfaces should be clean and polished to an acceptable luster. 1x All All HVAC Vents Vacuum screened vents 1x Wash, rinse and dry 1x Dry dust surface 1x All All Ceiling Fans Remove dust 1x All All Cobwebs Remove from 12' down 2x All All Dusting Dust all horizontal surfaces 12' and lower 1x All Floors Carpet Vacuum hallways, vestibules, meeting rooms, open offices, and open work areas. 1x Remove gum and spots 1x Vacuum private offices 1x Detail vacuum 1x Shampoo 1x General shampoo (extraction, bonnet, dry) 1x PUBLIC WORKS BUILDING Floors Carpet Detail vacuum ROOM 204 until carpet is replaced with VCT, then this room is to be swept and mopped. 1x All Floors Ceramic Tile Sweep (or vacuum) and mop with germicide. 1x Scrub/clean and disinfect grout 1x Strip and seal ceramic tile and grout 1x All Floors Concrete Hose with germicide and rinse/mop 1x Buff-out scuff marks 1x Machine scrub with germicide and rinse 1x All Floors Wood Dust mop with dry dust mop only 1x Spot mop and remove marks 1x Treat with preapproved wood conditioner 1x Screen and reapply seal (mat finish) 1x All Floors Vinyl / Vinyl Tile Sweep (or vacuum) and mop with germicide. 1x Spray buff 1x Strip old finish and apply new finish 1x All Floors Terrazo / Stone Sweep (or vacuum) and dust mop. 1x Remove spots and gum 1x Wet mop 1x Machine scrub with detergent and rinse 2x All Stairway Terrazo / Stone Sweep (or vacuum) & dust mop, remove spots & gum, wet mop 1x All Stairway Handrails Dust and damp wipe 1x Page 83 Item 5. LOCATION / BUILDING CLEANING AREA CLEANING ITEM TASK NOTES CLEANING SCHEDULE Daily Weekly Monthly Qtrly Semi- Annual Annual Seasonal? All Bathrooms Sinks Clean with germicide, scour if needed 1x Clean exterior of sinks and polish plumbing of stainless fixtures with preapproved stainless steel cleaner 1x Dry and polish plumbing including any exposed pipes under sinks 1x All Bathrooms Countertop Surfaces Clean with germicide and dry 1x All Bathrooms Hand Soap Dispensers Refill as needed, wipe exterior with germicide 1x All Bathrooms Paper Towel Dispensers Refill to 3/4 capacity all tri-fold dispensers 1x Clean with germicide and polish 1x All Bathrooms Electric Hand Dryer Clean with germicide and dry 1x All Bathrooms Mirrors Clean with glass cleaner and dry 1x All Bathrooms Commodes Clean entire fixture with germicide 2x Brush interior under flush rim 2x Dry exterior of seats and polish plumbing 2x Clean exterior of seats and polish plumbing of stainless fixtures with preapproved stainless steel cleaner 2x Remove water/mineral deposits with mild acid solution 1x All Bathrooms Urinals Clean entire fixture with germicide 2x Brush interior under flush rim 2x Dry exterior of urinals and polish plumbing 2x Remove water/mineral deposits with mild acid solution and replace urinal screens as needed 1x All Bathrooms Stall Partitions Clean with germicide and dry 1x Remove fingerprints, stains and graffiti 1x Treat stainless steel fixtures with preapproved stainless steel cleaner 1x All Bathrooms Sanitary Napkin Receptacles Empty and reline with waxed bag liners 1x Clean interior and exterior with germicide 1x All Bathrooms Sanitary Product Dispensers Clean interior and exterior with germicide 1x Refill Products 1x All Bathrooms Hand Soap Dispensers Refill as needed, wipe exterior with germicide 1x All Bathrooms Paper Towel Dispensers Refill to 3/4 capacity all tri-fold dispensers 1x Clean with germicide and polish 1x All Bathrooms Toilet Tissue Dispensers Refill and clean with germicide and dry 1x All Bathrooms Toilet Seat Covers Check and refill toiled seat covers where applicable 1x All Bathrooms Baby Changers Clean the outside and unfolded changing table with germicide and dry 1x All Bathrooms Wall Surfaces Remove spots with appropriate cleaner 1x Total clean with germicide 1x All Bathrooms Showers Hose walls, doors and curtains with germicide, floor drains cleared of hair and debris 3x Scrub with germicide and rinse 1x All Bathrooms Floor Drains Remove litter from screens and seal trap by pouring 1 gallon of water into the drain. 1x Flush with disinfectant 1x All Breakrooms/Kitchens/Coffee Nooks Floor Drains Remove litter from screens and seal trap by pouring 1 gallon of water into the drain. 1x Flush with disinfectant 1x All Breakrooms/Kitchens/Coffee Nooks Sinks Clean with germicide, scour if needed 1x Clean exterior of sinks and polish plumbing of stainless fixtures with preapproved stainless steel cleaner 1x Dry and polish plumbing including any exposed pipes under sinks 1x All Breakrooms/Kitchens/Coffee Nooks Appliance Exteriors Disinfect with germicide and wipe clean and dry removing spots and streaks 1x All Breakrooms/Kitchens/Coffee Nooks Microwave Ovens Wipe the inside clean of any food or debris 1x All Breakrooms/Kitchens/Coffee Nooks Refrigerator Exterior and Handles Disinfect with germicide and wipe clean and dry removing spots and streaks 1x All Breakrooms/Kitchens/Coffee Nooks Paper Towels Replenish rolled paper towels 1x All Offices Desks and Work Surfaces Remove dust (feather duster only) 12' and lower 1x All Offices File Cabinets / Shelving Clean and polish on request only (when cleared, only) 1x Remove dust and damp wipe to remove spots 1x All Offices and Common Areas Tables Tables should be clean and free of smudges, finger marks, cup rings and other spoilages. 1x All Offices and Common Areas Chairs Chairs and other furniture should be clean and left in an orderly fashion. 1x Page 84 Item 5. LOCATION / BUILDING CLEANING AREA CLEANING ITEM TASK NOTES CLEANING SCHEDULE Daily Weekly Monthly Qtrly Semi- Annual Annual Seasonal? All Offices and Common Areas Countertop Surfaces Remove dust and damp wipe to remove spots 1x All Offices and Common Areas Office / Partition Glass Spot clean 1x Remove grime and smudges 1x Glass surfaces should be clean and free of any smudges, fingermarks, and dirt. 1x All Offices and Common Areas Glass Curtain Walls Clean with glass cleaner and dry 1x All Offices and Common Areas Wall Décor Remove Dust 1x All Offices and Common Areas Light diffusers Remove dead insects and other soils 1x All Offices and Common Areas Dry Erase Boards/White Boards Total clean (on request only) 1x All Offices and Common Areas TV/VCR Equipment, Carts Feather dust around controls 1x All Offices and Common Areas Baseboards and chair rails Remove dust 1x Full cleaning (damp wiping of rails and baseboards) 1x All Conference Rooms and Common Areas Furniture Vacuum upholstery, dust hard surfaces and furniture legs 1x Sweep and remove litter 1x All Windows Windows - 15in and below Clean both sides and dry frames, interior and exterior 2x Spot clean windows 1x All All Ceiling Fans Remove dust 1x All Windows Blinds Remove dust 1x All Entryway Walk off Mats Mats are to be clean and free of debris. Including exterior mats. 1x Wipe and clean unless noted not to 1x All Entryway Entry door / sidelight glass Clean both sides and dry frames, interior and exterior 1x All Exterior Exterior Approaches (curb to front doors), lawn and beds across front of buildings Sweep and remove litter 1x Empty and clean ashtrays/trash 1x Wet clean spills, bird drops, gum, etc. 1x All Elevators Elevator Cars Elevators should be clean and odor free; metal surfaces must be free of smudges and finger marks. Products used to clean and treat the stainless steel surfaces should not leave an oily residue. 1x Vacuum if carpeted. Sweep and mop if tiled, wood or vinyl. 1x Polish metal surrounds 1x Clean doors interior (exterior as needed) 1x Clean door tracks 1x Page 85 Item 5. Exhibit B Vendor Response to Request for Proposal Page 86 Item 5. 2023-27-A Addendum 2 UBM Enterprise, Inc. Supplier Response Event Information Number:2023-27-A Addendum 2 Title:Custodial Services Type:Request for Proposals Issue Date:7/30/2023 Deadline:8/22/2023 02:00 PM (CT) Notes:This Town of Prosper is requesting proposals for Custodial Services for various facilities. This is a one-year agreement and with four (4) optional one (1) year renewals at mutual agreement of the Town and the Vendor. The questions deadline for this proposal is August 15, 2023, at 12:00 PM CT. Proposals are due August 22, 2023, by 2PM and can be submitted through IonWave. The names of the vendors that have submitted a proposal will be read at 3PM on August 22, 2023. Please use the following meeting link if you are interested: Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 214 239 149 302 Passcode: WEeMQf MANDATORY SITE VISITS Mandatory site visits are required prior to submitting a proposal and will be conducted by a Facility Staff member on August 9, 2023, and August 10, 2023, at 8:30 AM CT. Vendors must attend one of the two times offered. Sign in is required. All sites must be visited and conducted by a Facilities Staff member. Bids will only be Vendor: UBM Enterprise, Inc.2023-27-A Addendum 2Page 1 of 5 pages Page 87 Item 5. accepted from vendors who have visited all of the sites and whose names are on the sign in sheets. The mandatory site visit will start with a pre-bid meeting at Town of Prosper Town Hall, 250 W. First Street, Prosper, TX 75078 in the Foyer at 8:30 AM. Contact Information Contact:Jay Carter Purchasing Manager Address:Purchasing Office Town Hall 3rd Floor 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1018 Email:jcarter@prospertx.gov Vendor: UBM Enterprise, Inc.2023-27-A Addendum 2Page 2 of 5 pages Page 88 Item 5. UBM Enterprise, Inc. Information Address:11102 Ables Ln. Dallas, TX 75229 Phone:(972) 243-5273 By submitting your response, you certify that you are authorized to represent and bind your company. Kevin Choi kevin.choi@ubmhq.com Signature Email Submitted at 8/21/2023 02:43:45 PM (CT) Requested Attachments Proposal UBM proposal for RFP #2023-27- A Custodial Services.pdf Please ensure that you provide all required information, including all attachments, combined and uploaded as a single document. Bid Attributes 1 Terms and Conditions Acknowledgement I have read, understand and agree to all terms and conditions contained in this solicitation. I Agree 2 Certification By checking this box, submitter hereby certifies that he/she understands the specifications, has read the document in its entirety and that the prices contained in this bid/proposal have been carefully reviewed and are submitted as correct and final. Vendor further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered, in accordance with the terms and conditions contained herein. Vendor agrees that acceptance of any or all items by the Town of Prosper, Texas, within the time frame indicated in this solicitation, constitutes a contract. The individual submitting this bid/proposal certifies that he/she is a legal agent of the company, authorized to submit on behalf of the company, and is legally responsible for the decisions as to the prices and supporting documentation provided. I Agree 3 Addendum No. 1 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 1 (if issued by the Town of Prosper). I Agree 4 Addendum No. 2 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 2 (if issued by the Town of Prosper). I Agree 5 Addendum No. 3 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 3 (if issued by the Town of Prosper). I Agree Vendor: UBM Enterprise, Inc.2023-27-A Addendum 2Page 3 of 5 pages Page 89 Item 5. Bid Lines 1 Package Header Base Bid Quantity:1 UOM:EA Total:$157,004.28 Package Items 1.1 Prosper Town Hall Quantity:12 UOM:Month Unit Price:$4,007.19 Total:$48,086.28 1.2 Prosper Public Library Quantity:12 UOM:Month Unit Price:$1,256.33 Total:$15,075.96 1.3 Central Fire Station #1 Quantity:12 UOM:Month Unit Price:$2,455.46 Total:$29,465.52 1.4 Line deleted as part of an Addendum 1.5 Fire Station #2 - cleaning supplies and paper product to be delivered to location only - no cleaning services Quantity:12 UOM:Month Unit Price:$110.00 Total:$1,320.00 1.6 Fire Station #3- cleaning supplies and paper product to be delivered to location only - no cleaning services Quantity:12 UOM:Month Unit Price:$110.00 Total:$1,320.00 1.7 Parks Admin Offices Quantity:12 UOM:Month Unit Price:$561.44 Total:$6,737.28 1.8 Parks Recreation Offices Quantity:12 UOM:Month Unit Price:$536.31 Total:$6,435.72 1.9 Parks Operations Offices Quantity:12 UOM:Month Unit Price:$196.02 Total:$2,352.24 1.10 Police Department Quantity:12 UOM:Month Unit Price:$3,117.02 Total:$37,404.24 1.11 Public Works Complex Quantity:12 UOM:Month Unit Price:$733.92 Total:$8,807.04 2 Additional day porter services during business hours as needed per person per hour (Line excluded from response total) Quantity:1 UOM:HR Unit Price:$20.00 Total:$20.00 3 Additional cleanup services after hours as needed or for special events - per person per hour (Line excluded from response total) Quantity:1 UOM:HR Unit Price:$25.00 Total:$25.00 4 Upholstery shampooing per chair (Line excluded from response total) Quantity:1 UOM:EA Unit Price:$20.00 Total:$20.00 5 Upholstery shampooing per couch (Line excluded from response total) Quantity:1 UOM:EA Unit Price:$100.00 Total:$100.00 Vendor: UBM Enterprise, Inc.2023-27-A Addendum 2Page 4 of 5 pages Page 90 Item 5. 6 Upholstery shampooing per bench (Line excluded from response total) Quantity:1 UOM:EA Unit Price:$80.00 Total:$80.00 7 Additional carpet cleaning per square foot (Line excluded from response total) Quantity:1 UOM:SF Unit Price:$0.20 Total:$0.20 8 Additional public/office space cleaning per square foot (Line excluded from response total) Quantity:1 UOM:SF Unit Price:$0.12 Total:$0.12 9 Additional recreation space cleaning per square foot (Line excluded from response total) Quantity:1 UOM:SF Unit Price:$0.12 Total:$0.12 1 0 Additional maintenance space cleaning per square foot (Line excluded from response total) Quantity:1 UOM:SF Unit Price:$0.12 Total:$0.12 Response Total: $157,004.28 Vendor: UBM Enterprise, Inc.2023-27-A Addendum 2Page 5 of 5 pages Page 91 Item 5. UBM Enterprise, Inc. Proposal For RFP #2023-27-A Custodial Services Presented to Town of Prosper Due Date & Time: August 22, 2023 3:00 P.M. FROM: Jae Song Chief Operating Officer UBM Enterprise, Inc. 11102 Ables Ln. Dallas, TX 75229 972-243-5273 (Tel) 972-243-0737 (Fax) 469-853-6813 (Mobile) Jae.song@ubmhq.com Page 92 Item 5. Table of Contents  Company Profile ……………………………………….………………… Page 1  Three Year Client Work History • Experience on Similar Projects …………………………………..…… Page 2 • Pictorial References ……………………………….………………… Page 3 • References Worksheet …………………………….………………… Page 6  Description of Screening and Hiring Procedures • Hiring process ……………………………………….……………… Page 7 • Employee Retention ……………………………….………………… Page 8  Training Program Outline …………………………….………………… Page 9  Quality Control Method • Quality Control …………………………………….………………… Page 10 • Sample Monthly Report …………………………….………………… Page 12  Management Plan for Supervision and Transition A. Management Philosophy ………….……………….………………… Page 25 B. Communications Plan …………….……………….………………… Page 25 C. General Janitorial services ………….……………….……………… Page 25 D. Specialty Janitorial services ………….……………….……………… Page 26 E. Services for Special Events/Programs ………….…………………… Page 27 F. Services for Emergencies/Call Back Work …………………………… Page 27 G. Staffing Plan ……………………….……………….………………… Page 28 H. Absenteeism Preparedness Plan …………………….………………… Page 29 I. Transition Plan ………….…………….………….………………… Page 29 J. Equipment List ………….……………….………………….……… Page 30 K. Green Cleaning Program ………….……………….………………… Page 32 L. Recycle Program ………….…………………….….………………… Page 33 M. Chemical Supplies List ………….……………….…….……………… Page 34  Conflict of Interest Questionnaire ………………………………………… Page 35  Bid Forms • Proposed Pricing Table ………………………….….………………… Page 36 • Price for Additional Services or Facilities …………………………..… Page 37 Page 93 Item 5. Company Profile  Establishment: Founded in 1992 in Texas with a rich history spanning over 30 years in the janitorial/custodial sector.  Coverage: We proudly clean in excess of 40 million square feet across the states of Texas, Oklahoma, Arizona, Iowa, Florida, Ohio, and California.  Recognition: Stand as the largest MBE Certified Janitorial Service Provider in Texas.  Team Strength: A robust workforce of over 2,500 dedicated employees.  Financial Health: We're financially solid and stable. (Detailed financial statements can be shared upon request.)  Credibility: An esteemed member of the Better Business Bureau with an outstanding A+ rating.  Industry Experience: We've amassed expertise in providing janitorial/custodial services to diverse sectors, including: • AIRPORTS • CONCERT/ENTERTAINMENT VENUES • CORPORATE CAMPUSES • EDUCATIONAL FACILITIES • MULTI-TENANT BUILDINGS • MEDICAL FACILITIES • CITY & COUNTY FACILITIES • RETAIL MALLS • HOTELS & RESTAURANTS • LEED Certified Buildings • Leveraging our comprehensive experience, we're committed to ensuring cleanliness and hygiene across all industries we serve. . Page 1 of 37 Page 94 Item 5. Experience on Similar Projects UBM Enterprise, Inc. has been providing janitorial services to various Municipal facilities including Dallas County, City of Dallas, City of Plano, City of Coppell, City Garland, City of Tulsa, Town of Flower Mound, City of Grand Prairie, Oklahoma County, City of Goodyear and etc. UBM currently providing janitorial services to the following municipal facilities: Cities & Counties Description Dallas County, TX 50 County Facilities, 2.2 million sq. ft. City of Arlington, TX 35 City Facilities, 650,000 sq. ft. City of Waco, TX 40 City Facilities, 550,000 sq. ft. Town of Flower Mound, TX 15 City Facilities, 250,000 sq. ft. City of Desoto, TX 7 City Facilities, 120,000 sq. ft. Polk County, FL 18 Facilities, 980,332 sq. ft. San Diego County, CA 42 County Facilities, 650,000 sq. ft. Oklahoma County, OK Oklahoma County Courthouse & Justice Detention Center, 315,000 sq. ft. State of Iowa 9 State Facilities, 900,000 sq. ft. Arizona Department of Emergency and Military Affairs, AZ 5 Sites, 14 Facilities, 250,000 sq. ft. City of Phoenix, AZ 15 City Facilities, 420,000 sq. ft. City of Chandler, AZ Park Restroom Cleaning Services Clermont County, OH 3 County Facilities, 140,000 sq. ft. Page 2 of 37 Page 95 Item 5. Pictorial References Enclosed, you'll find references that highlight some of the key regions where our headquarters are located. These are just a snapshot of our extensive operations and strategic presence. Should you require more detailed or additional references pertaining to other regions or specific details about our headquarters, please don't hesitate to ask. We are more than happy to provide further information upon request. (DFW Governmental) Dallas County Contact Title: Phone Number: E-Mail: Description: Length of Service: Carol Johnson Operations Manager (214) 653-7839 Carol.johnson@dallascounty.org Janitorial Services to Dallas County, 50 Facilities, 2.2 million sq. ft. 6th year in service City of Grand Prairie Contact Title: Phone Number: E-Mail: Description: Length of Service: Linda Lankford Facilities Services Manager (972) 237-8247 LLankford@gptx.org Janitorial Services to City of Grand Prairie, 35 facilities, 550,000 sq. ft. Completed 5 year services City of Arlington Contact Title: Phone Number: E-Mail: Description: Length of Service: Jack Choi Custodial Services Administrator (817) 475-0536 Jack.choi@arlingtontx.gov Janitorial Services to City of Arlington, 35 Facilities,, 650,000 sq. ft. 5th year in service Town of Flower Mound Contact: Title: Phone Number: Email Description: Length of Service: Jeff Garner Director of Facility Management (972) 874-6064 Jeff.garner@flower-mound.com Janitorial Services to Town of Flower Mound, 15 Facilities, 250,000 sq. ft. 7th year in service Page 3 of 37 Page 96 Item 5. (DFW Commercial) Building Name: Address: Stores, RSF: Management Co.: Manager: E-Mail: Length of Service: 5600 Clearfork Main 5401-5555 Beach& 9151 Blvd 26 1.5 million sf JLL Ann Withington, (817) 890-9978 (Office) Ann.withington@am.jll.com 5th year Building Name: Address: Stores, RSF: Management Co.: Manager: E-Mail: Length of Service: Frost Tower 640 Taylor Street Fort Worth, TX 250,000 sf Stream Realty Marsha Krueger, (682) 785-8882 Marsha.krueger@streamrealty.com 5th year Building Name: Address: Stores, RSF: Management Co.: Manager: E-Mail: Length of Service: Burnett Plaza 801 Cherry St. Fort Worth, TX 40 Stories, 1,024,600 sf TXE Properties Jennifer Eslinger, (817) 332-6390 jeslinger@txeproperties.com 13 years Building Name: Address: Stores, RSF: Management Co.: Manager: E-Mail: Length of Service: Citi Group Dallas, San Antonio, Jacksonville, FL 2 million sf Cushman & Wakefiled Aaron Blue (972) 653-4416 Aaron.Blue@citi.com 3rd year Building Name: Address: Stores, RSF: Management Co.: Manager: E-Mail: Length of Service: Wells Fargo Bank Texas Region 450,000 sf Wells Fargo Alicia Milligan, (469) 352-2692 alicia.milligan@wellsfargo.com 12th year Page 4 of 37 Page 97 Item 5. References (DFW Commercial) Building Name: Address: Stores, RSF, Class: Management Co.: Manager: E-Mail: Length of Service: Bank of America Plaza 901 Main Street Dallas, TX 74 Stories, 1,8 million sf, AA JLL Lisa Hall, (214) 761-6110 Lisa.hall@am.jll.com 26 years Building Name: Address: Stores, RSF, Class: Management Co.: Manager: E-Mail: Length of Service: Bryan Tower 2001 Bryan St. Dallas, TX 40 Stories, 1,2 million sf, A Wood Capital Alicia Neel, (469) 830-9800 aneel@woodcapital.com 13 years Building Name: Address: Stores, RSF: Management Co.: Manager: E-Mail: Length of Service: Plaza of the Americas 700 N. Pearl St. Dallas, TX 25, 25, 26 Stores, 2 million sf, A M & M Properties Lana Hathcock, (214) 220-3311 lhathcock@mmprop.com 23 years Building Name: Address: Stores, RSF, Class: Management Co.: Manager: E-Mail: Length of Service: Trammell Crow Center 2001 Ross Ave. Dallas, TX 50 Stories, 1.2 million sf, AA Regent Properties Sarah Mendez, (214) 863-4142 Sarah.mendez@regentproerties.com 21 years Page 5 of 37 Page 98 Item 5. References Worksheet Please provide at least five (5) verifiable references for same or similar services as the Town has specified in the solicitation, in the spaces provided below. Company Name: Contact Name: Address: Email Address: Phone: Contract Date: Description of Services: Company Name: Contact Name: Address: Email Address: Phone: Contract Date: Description of Services: Company Name: Contact Name: Address: Email Address: Phone: Contract Date: Description of Services: Company Name: Contact Name: Address: Email Address: Phone: Contract Date: Description of Services: Company Name: Contact Name: Address: Email Address: Phone: Contract Date: Description of Services: Page 6 of 37 Dallas County Carol Johnson Dallas, TX 75207 (214) 653-7839 133 N Riverfront Blvd. 9th Floor Carol.johnson@dallascounty.org 6th year in service Janitorial Services to Dallas County, 50 Facilities, 2.2 million sq. ft. City of Grand Prairie Linda Lankford Grand Prairie, TX 75050 (972) 237-8247 318 W. Main St. LLankford@gptx.org 6th year in service Janitorial Services to City of Grand Prairie, 35 facilities, 550,000 sq. ft. City of Arlington Jack Choi Arlington, TX 76010 (817) 475-0536 102 S. Mesquite St. Jack.choi@arlingtontx.gov 5th year in service Janitorial Services to City of Arlington, 35 Facilities,, 650,000 sq. ft. Town of Flower Mound Jeff Garner Flower Mound, Texas 75028 (972) 874-6064 2121 Cross Timbers Road Jeff.garner@flower-mound.com 7th year in service Janitorial Services to Town of Flower Mound, 15 Facilities, 250,000 sq. ft. John Lang LaSalle Ann Withington (817) 890-9978 Dallas & Fort Worth Ann.withington@am.jll.com 5th year in service Janitorial services to 5 JLL Commericial AA Buildings, 1 million sq. ft. Page 99 Item 5. Hiring Process New Applicants can apply at the Corporate/Branch Office, Job Sites, or on our company web site, www.ubmhq.com. Employee Onboarding Process New hire checklist Background checks through Kgriff (www.kgriff.com) Verification of driver's license or ID County Criminal, Federal Criminal, Multi-jurisdiction Criminal Sex offenses Social Security Number Verification References checks Drug testing & Screening (UBM is a drug and alcohol-free company and conducts pre-employment drug testing upon request by the client. If not required by client, UBM tests its employees in the following instances: Probable cause, Reasonable doubt, Post-injury, or Random) Email creation and business card order (if needed). Mobile phone order (if needed) Order technology equipment (computer, printer, iPad) and software (if needed) Training (General training at corporate office ) Training at job site Notify supervisor/manager new hire information Inform employee: Confirm start date, time, place, parking, dress code, etc. Provide name of their on-site supervisor/manager. Applications taken Document Verification Background & References Checks Interview Drug Testing Training (Corporate Office) Traning (Job-Site) Page 7 of 37 Page 100 Item 5. Employee Retention UBM recognizes that employee retention is the most important factor in ensuring consistent performance and steady costs. Although turnover rates in the cleaning industry are typically much higher than other industries, we have managed to maintain a turnover rate at minimum by focusing two key areas: Hiring the right employee for the position and Getting best custodians to stick around Hiring the right employee for the position Background Check: At UBM, we take our clients' comfort and safety seriously. To ensure that we can trust the employees we send into our clients' spaces, we conduct criminal background checks before hiring, and we can perform additional extensive background checks if our clients require them. Work experience: Hiring cleaners with previous cleaning experience will ensure that they know what is required of them. We can also consider individuals with experience in physically demanding jobs. Ability to solve problems: It is likely that even if a team is working in one location, each employee will need to work independently to cover more ground. Therefore, it is important that each employee is independent and self-motivated enough to solve minor issues without always relying on others. Dedication: We require a team that will show up on time for their scheduled shifts and notify our managers in advance if they are unable to work. Friendliness: If our employees come into contact with our clients, it is essential that they are friendly and approachable to ensure that they do not scare away our clients. Getting best custodians to stick around Continuous learning: It is important that our employees continuously familiarize themselves with new equipment and chemicals through regular training to keep up with the latest technology. Competitive benefits package: We offer a competitive benefits package to attract and retain top talent. Financial incentives: We offer financial incentives such as raises and bonuses to reward exceptional performance and motivate our employees to exceed expectations. Opportunities for growth: Many of our managers and supervisors began their careers as day porters or night cleaners. We provide opportunities for growth by promoting outstanding day porters and night cleaners to supervisors, and exceptional supervisors to managers. Page 8 of 37 Page 101 Item 5. Training Program Outline UBM is committed to hiring the right people. Our interviewing process ensures our employees have the experience and attitude necessary for the cleaning environment, and our Human Resource Department runs background checks on all candidates. Our goal is to have a successfully hiring process so our employees can provide a long term relationships with our clients. Training Requirements -  New employees: o New Hire Training – 12 hours (within 1st week of employment) o Continuing Education – 24 hours (annual)  Current employees: o Continuing Education – 24 hours (annual)  Supervisors: o Continuing Education – 24 hours (annual) Benefits –  Satisfies LEED training recommendations IEQ 3.1.  Provides consistency in the new hire experience and training.  Helps new employees feel connected to the corporate office.  Project Managers can easily identify employees’ areas of least comprehension.  Assist Project Managers in holding employees’ accountable for their training without disrupting the working relationship.  Corporate will be able to: o Document and track training for every employee. o Track employee turnover ratio. o Identify areas of improvement with higher precision. Sample Training Program Outline: • Equipment maintenance • Hard floor surface techniques • Proper chemical use • Green Cleaning – Microfiber • New products and equipment • Carpet cleaning techniques by IIRCR certified technician • Bloodborne pathogen prevention • Anthrax procedures • Building emergency evacuation procedures Page 9 of 37 Page 102 Item 5. Quality Control At UBM Enterprise, Inc., delivering top-notch service is our primary focus. We ensure consistent quality control performance through unscheduled inspections and regular inspections conducted by the account manager on a daily, weekly, and monthly basis. Our team strives to adhere strictly to our clients' cleaning specifications and address any deficiencies promptly. We take necessary actions at each location to achieve complete success, including: 1. Implement & Define Contract Expectations: UBM’s operational and management team will review and define all contract expectations as well as outline the scope of work to be performed in a periodic schedule. This model is helpful to our staff and adds accountability. This planning process provides UBM with a proven track record of providing excellent service that is seamless and meets our clients’ needs on a nightly basis. 2. Unscheduled Inspections: Through unscheduled inspections we are able to measure our performance in order to maintain your building as outlined in the scope of work. We utilize these inspections to quickly and accurately take corrective action on all deficiencies. 3. Corrective Action Process - Scheduled Inspections: Customer service visit Building inspected and written report is generated. UBM internal deficiency report or additional work order generated. Operations Manager reports back to UBM rep action to be taken. Operations Manager contacts Project Manager or supervisor to relay information. Work order submitted to Operations. Action to be taken reported to customer. Follow up with client to ensure their satisfaction. 4. Complaints Handling Process: Customer complaints can be received in person, through email, or over the phone. The Project Manager is responsible for handling complaints initially, and the Supervisor handles complaints as necessary. Page 10 of 37 Page 103 Item 5. The Project Manager reports back to the customer that their complaints have been resolved. If the customer is not satisfied with the resolution provided by the Project Manager, they can escalate the issue to 2nd level managers, such as Corporate Operation Managers or Branch Managers. The 2nd level managers inspect the site and report back to the customers with their findings and recommendations for resolution. 5.Analyzing & Benchmarking: UBM’s operational team utilizes the inspection results to quickly analyze and benchmark the performance of our team at your building so we can recognize where reoccurring deficiencies are happening. Our team can then determine the appropriate method of training needed to correct the deficiencies. 6.Re-Inspect & Report: All reported deficiencies are re-inspected by our team. They will pass inspection only if the corrected deficiency meets the standards as outlined in the scope of work and by our client. 7.Continuous Training: To complete our quality assurance model we believe we have to continuously training our employees. At UBM we feel this is what sets us apart from our competition. Continue training measures occur through on-site training as well as online training. Each employee has access to on-line models in English, Spanish and French through Johnson Diversey’s on- line training tools. Continuous training helps minimize consist deficiencies and keeps our employees motivated to perform well. Page 11 of 37 Page 104 Item 5. UBM ENTERPRISE INC. Performance Metrics for Sample Month: March Year: 2023 Page 32 of 50 Page 12 of 37 Page 105 Item 5. - Historical Library - LWC Building -Property Appraiser - Supervisor of Elections - Family Mediation - Tax Collector –Bartow - Wright Facility - Real Estate - Bartow Courthouse - Neil Combee Administration Building -Parking Garage -SE Bank / Guardian Ad Litem -Tax Call Center -Utilities IT (2nd Floor SOE) -Indigent Health Care GROUP A Building List Page 33 of 50 Page 13 of 37 Page 106 Item 5. Vendor Name: UBM ENTRPRISE INC. Janitorial Metrics - Safety PERFORMANCE ASSESSMENT No incidents in the month of November. ACTION PLAN / GOALS Continue to educate staff on safety guidelines Comments GROUP A - ALL BUILDINGS J A S O N D Goal 0 0 0 0 0 0 Actual 0 0 0 0 0 0 0 1 2 3 4 5 OSHA RECORDABLE INCIDENT RATE Goal Actual Page 34 of 50 Page 14 of 37 Page 107 Item 5. Vendor Name: UBM Enterprise, Inc Janitorial Metrics – Trouble Calls LONG-TERM IMPROVEMENT PLAN Continue training current and new hires PERFORMANCE ASSESSMENT / BREAKDOWN Needs attention BCH: Trash (missed) NCA:Mens Restroom (1) CURRENT ACTION / STATUS COMMENTS: GROUP A - ALL BUILDINGS •Requests: 31 •Needs Attention: 5 •Kudos: 1 All areas corrected All requests fulfilled Page 35 of 50 Page 15 of 37 Page 108 Item 5. Vendor Name: UBM Enterprise, Inc Janitorial Metrics – Trouble Calls SAMPLE GROUP A Monthly Complaint Comparison Historic al Library LWC Prop Apprais er Sup Elec Family Med Tax Collecto r - Bartow Wright Facility Real Estate Bartow Court July 0 3 0 0 0 1 0 0 39 Aug 0 3 0 0 0 0 0 0 18 Sep 1 2 2 1 0 6 0 0 40 Oct 0 1 1 0 0 0 0 0 24 Nov 0 0 0 0 0 0 0 0 0 Dec 0 0 0 0 0 0 0 0 0 0 5 10 15 20 25 Trouble Calls July Aug Sep Oct Nov Dec Page 36 of 50 Page 16 of 37 Page 109 Item 5. Vendor Name:UBM Enterprise, Inc. Janitorial Metrics – Trouble Calls LONG-TERM IMPROVEMENT PLAN Quality Control inspections Ensure adequate training of new hires PERFORMANCE ASSESSMENT / BREAKDOWN Supplies: Property App. (fulfilled) Procedures: (none) R/R Cleaning: Trash: Bartow Courthouse: 2 Neil Combee: 2 General cleaning : 0 Vacuuming: 0 Mopping: Bartow CH: Miscellaneous: (none) CURRENT ACTION/STATUS: GROUP A ALL BUILDINGS Requests Complaints At-a-Boys Historical Library 0 0 0 LWC Building 1 1 0 Property Appraiser 1 0 0 Supervisor of Elections 1 0 0 Family Mediation 0 0 0 Tax Collector – Bartow 0 0 0 Wright Facility 0 0 0 Real Estate 0 0 0 Bartow Courthouse 22 2 1 Page 37 of 50 Page 17 of 37 Page 110 Item 5. Vendor Name: UBM Enterprise, Inc. Janitorial Metrics – Trouble Calls GROUP A Monthly Complaint Comparison Neil Combee Parking Garage Guard Ad Litem Call Center IT Indigent Health Care July 0 0 0 0 0 Aug 3 1 0 0 0 Sep 8 2 1 0 12 Oct 5 3 1 0 2 Nov 0 0 0 0 0 Dec 0 0 0 0 0 0 2 4 6 8 10 Trouble Calls July Aug Sep Oct Nov Dec Page 38 of 50 Page 18 of 37 Page 111 Item 5. Vendor Name: UBM Enterprise, Inc. Janitorial Metrics – Trouble Calls LONG-TERM IMPROVEMENT PLAN • Quality Control inspections • Ensure adequate training of new hires PERFORMANCE ASSESSMENT / BREAKDOWN •Supplies: 0 • Procedures: (None) •R/R Cleaning: (None) • Trash: (None) • General cleaning : •Mopping: (None) • Vacuuming: (None) • Miscellaneous: (None) CURRENT ACTION / STATUS: GROUP A Requests Complaints At-a-Boys Neil Combee Admin 3 2 0 NC Parking Garage 0 2 0 Guardian Ad Litem 1 0 0 Call Center 0 0 0 Indigent Health Care 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 39 of 50 Page 19 of 37 Page 112 Item 5. Vendor Name: UBM Enterprise, Inc. Janitorial Metrics – Floor Periodics Completed Floor Work October October 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 BCH:1ST FLOOR JUVENILE COURTROOMS AND COMMON AREAS BCH: 2ND FLOOR JURY ASSEMBLY W/ COMMON AREAS, JUDGES ELEVATOR 4 5 6 7 8 9 10 BCH: 1ST FLOOR SECURE HALL, JURY DELIBERATION, MAIN COURTROOM BCH: 9TH & 8TH FLOOR HEARING ROOMS CARPET CLEANING BCH: 7TH & 6TH FLOOR HEARING ROOMS CARPET CLEANING BCH: 5TH FLOOR HEARING ROOMS CARPET CLEANING 11 12 13 14 15 16 17 NEIL COMBEE ADMIN. 5TH FLOOR CARPET CLEANING: ALL DEPARTMENTS (After 5pm) NEIL COMBEE ADMIN. 4TH FLOOR CARPET CLEANING: ALL DEPARTMENTS (4PM Human Resources CARPET CLEANING) NEIL COMBEE ADMIN. 3rd FLOOR CARPET CLEANING: ALL DEPARTMENTS (After 5pm) NEIL COMBEE ADMIN. 2nd FLOOR CARPET CLEANING: ALL DEPARTMENTS (After 5pm) NEIL COMBEE ADMIN. 1st FLOOR CARPET CLEANING: ALL DEPARTMENTS (After 5pm) 18 19 20 21 22 23 24 Indigent Health Care Strip and Wax Indigent Health Care Strip and Wax Indigent Health Care Strip and Wax Indigent Health Care Strip and Wax Indigent Health Care Strip and Wax 25 26 27 28 29 30 31 Bartow Courthouse 9th Floor Judges Suites Red and Blue (After 5pm) Bartow Courthouse 8th Floor Judges Suites Red and Blue (After 5pm) Bartow Courthouse 7th Floor Judges Suites Red and Blue (After 5pm) Bartow Courthouse 6th Floor Judges Suites Red and Blue (After 5pm) Bartow Courthouse 5th Floor Judges Suites Red and Blue(After 5pm) Page 40 of 50 Page 20 of 37 Page 113 Item 5. Vendor Name: UBM Enterprise, Inc. Janitorial Metrics – Quality Control Inspections Inspection Type Frequency of Inspection Reason for Inspection Results of Inspection Historical Library Proactive 4 QC Acceptable LWC Building Proactive 8 QC Acceptable Property Appraiser Proactive 8 QC Acceptable Supervisor of Elections Proactive 4 QC Acceptable Family Mediation Proactive 4 QC Acceptable Bartow Tax Collector Proactive 6 QC Acceptable Wright Facility Proactive 4 QC Acceptable Real Estate Proactive 4 QC Acceptable Bartow Courthouse Proactive 30 QC Acceptable Page 41 of 50 Page 21 of 37 Page 114 Item 5. Vendor Name:_UBM Enterprise, Inc. Janitorial Metrics – Quality Control Inspections Inspection Type Frequency of Inspection Reason for Inspection Results of Inspection Neil CombeeAdmin Proactive 30 QC Acceptable Parking Garage Proactive 8 QC Acceptable Guardian Ad Litem Proactive 4 QC Acceptable Charles Richardson Center Proactive 8 QC Acceptable Page 42 of 50 Page 22 of 37 Page 115 Item 5. UBM Enterprise, Inc. Janitorial Metrics - Turnover TURNOVER DETAILS 1 Total: • 2 employees resigned ACTION PLAN Ensure that each new hire receives adequate training in their assigned facility COMMENTS GROUP A J A S O N D Goal 0 0 0 0 0 0 Actual 2 3 4 2 0 0 0 5 10 15 20 25 Employee Turnover Goal Actual Page 43 of 50 Page 23 of 37 Page 116 Item 5. Vendor Name: UBM Enterprise, Inc. Janitorial Metrics - Training AREAS OF TRAINING COMPLETED Train staff on cleaning standards Train new staff on cleaning procedures at each location, make sure they understand public restrooms are a priority along with the common areas. Trained supervisors to ensure supervisory duties & responsibilities were being carried out. Train on safety procedures FUTURE TRAINING TOPICS Work with new and current staff on proper cleaning at each location. COMMENTS . Group A -10.00 20.00 50.00 80.00 110.00 140.00 170.00 200.00 230.00 260.00 290.00 320.00 350.00 Jul Aug Sept Oct Nov Dec EMPLOYEE TRAINING Technical / Operational Safety Page 44 of 50 Page 24 of 37 Page 117 Item 5. Management Plan for Supervision and Transition A.Management Philosophy At UBM Enterprise, Inc., our management philosophy revolves around fostering long- term, mutually beneficial partnerships with our clients. We firmly believe that the cleanliness of a building reflects the professionalism of the company it houses. This is why we are dedicated to delivering the highest standard of service and offering cost- effective solutions to meet our clients' unique needs. We are committed to creating quality job opportunities within our community and maintaining a business culture that upholds honesty and integrity. We place great importance on hiring and training the best employees, ensuring they understand and embody the values that UBM stands for. By doing so, we guarantee that your facilities are managed by a team that truly cares. Our business model is built upon three key principles: quality control, accountability, and reliability. These tenets form the foundation of our proposal to you. We invite you to explore our references and verify our industry track record, so you can be confident that UBM Enterprise, Inc. is a company built on these vital principles. B.Communications Plan At UBM Enterprise, Inc., our management philosophy revolves around fostering long- term, mutually beneficial partnerships with our clients. We firmly believe that the cleanliness of a building reflects the professionalism of the company it houses. This is why we are dedicated to delivering the highest standard of service and offering cost- effective solutions to meet our clients' unique needs. We are committed to creating quality job opportunities within our community and maintaining a business culture that upholds honesty and integrity. We place great importance on hiring and training the best employees, ensuring they understand and embody the values that UBM stands for. By doing so, we guarantee that your facilities are managed by a team that truly cares. Our business model is built upon three key principles: quality control, accountability, and reliability. These tenets form the foundation of our proposal to you. We invite you to explore our references and verify our industry track record, so you can be confident that UBM Enterprise, Inc. is a company built on these vital principles. C.General Janitorial services The most critical element to the successful completion for any job is a thorough knowledge of the work to be performed. To ensure complete compliance to the contract, the Project Manager will review the specifications. From these specifications, Page 25 of 37 Page 118 Item 5. the Project Manager and the Operations Manager will create a comprehensive plan of operations for your facilities. This plan will include scheduling of daily, weekly, monthly, quarterly, bi-annually, annually and all other periodic frequency work to be performed. All employees will be trained and instructed on the “UBM Methodology” for Municipal Facilities cleaning. Along with this training will be specific instructions towards personnel procedures, safety and health regulation, timekeeping and other pertinent regulations. Also, a comprehensive step by step instruction manual on how to operate the facility without disturbances, it will include: •Communication Chart- an organizational chart with complete name and position and contact numbers. •Weekly Staffing Schedule by assignment •Periodic Work Schedule •Key and Code information •Customer and tenants contact and information •Equipment list and Maintenance Log •Absenteeism Preparedness Plan •Emergency Respond Preparedness Plan •Environmental Responsibility Outline •Daily Operational Plan Daily Routine Cleaning will be performed as follow: General Cleaners - perform daily deep cleaning duties such as vacuuming, dusting, sweeping, trash removal, restroom cleaning & sanitizing, etc. The custodian will be trained on Daily Cleaning Requirement for offices and conference rooms, Restrooms (Public and Private), Showers, Lunchrooms, Eating and Vending Areas, Building Entrances, Lobbies, and Hallways Exterior, Graffiti and Vandalism Eradication, and Solid Waste Collection and Removal. We will utilize comprehensive step by step guidelines for each area of services. Periodic PM Cleaning (Weekly, Monthly, Quarterly, Bi-Annually, Annually) will be performed as follow; Floor Tech – perform periodic cleaning duties such as high and low dusting, floor maintenance, power washing, window cleaning, cleaning light fixtures, etc. For these cleaning duties, the project manager will create in periodic schedules and submit to the Town of Prosper representative for approval. D.Specialty Janitorial services The janitorial services for specialty area/location such as Court Detention Cell, Holding Tank Detention Cell, and Parking Facility need well plan ahead. The Project Manager Page 26 of 37 Page 119 Item 5. will create guidelines and the supervisors will regularly monitor the implementation of following: •Employee safety- make sure gear up with safety equipment and supplies •Cross contamination- color coded supplies to prevent cross contamination •Hours of Work- accommodate after hour services with time frame •Special Cleaning Guideline- check list of cleaning items to be completed including cleaning technique. E.Services for Special Events/Programs The branch office of UBM Enterprise, Inc. will provide all necessary back up in need of staffing for special events/programs. We will typically have reserve staffing (all background and initial training conducted) which allow us to react in timely manner. We will also utilize on-site custodians with overtime pay. Project Manager will notify Operations Manager in need of any additional staffing then the branch office will prepare staffing with 2 days of initial notification from customer. F.Services for Emergencies/Call Back Work Emergency Assessment/Work- when there is an emergency situation due to various circumstances, the Project Manager will assess the emergency along with customer’s request and categorize by degree of emergency to: •1 (Immediate Response) •2 (Same day Response) •3 (Overnight Response) For example, if a maintenance related emergency such as floor flooding by pipe breakage, it will be 1 (immediate Response). UBM Project Manager will dispatch emergency crew right away to stop the water from damaging the facility. UBM also guarantees our workmanship and will response to any customer complains in timely manner including during the holidays. Emergency Assessment Chart Degree of Emergency Response Time 1 (Immediate Response) 15 minutes-2 hours 2 (Same day Response) 12 hours 3 (Overnight Response 24 hours In the event of an emergency UBM has a 24/7 emergency contact line and contingency plan that will help assist our client in timely and efficient manner. UBM’s 24/7 emergency contact line is 1-855-243-5273 Page 27 of 37 Page 120 Item 5. G.Staffing Plan UBM Enterprise, Inc. proposes a team for the Town of Prosper that fully comprehends the specific requirement of the solicitation. We have taken into account personnel experience, knowledge, skills, capabilities and physical location in determining the approach to efficiently and effectively meet and exceed the Town of Prosper’s expectation. Our team for this project will be: Project Manager: 1 Supervisor: 1 Day Porter: 1 Day Cleaner: 2 Night Cleaner: 3 Work Hours Building SF Cleaner Days Per Week Day Porter Weekly Hours Town Hall 35,000 7 5 2 45 Prosper Public Library 9,640 2 5 2 20 Central Fire Station #1 30,358 4 5 20 Fire Station #2 (Supplies Only) 0 0 Fire Station #3 (Supplies Only) 0 0 Parks Admin Offices 2,300 1 5 5 Parks Recreation Offices 1,350 1 5 5 Parks Operations Offices 500 1 1 1 Police Department 23,159 5 6 30 Public Works Complex 9,000 3 2 6 111,307 24 4 132 Day Cleaning Only Day Porter + Night Cleaning Night Cleaning Only Supplies Only Legend Page 28 of 37 Page 121 Item 5. H.Absenteeism Preparedness Plan ☞Day Operations Day Cleaners and Porters will text daily to Project Manager to inform their presence to work. Project Manager will contact Day Cleaners or Porters who didn’t text to check no shows. In case of absence, Project Manager will contact Corporate Operations Manager for back-up personnel. ☞Night Operations Supervisors report daily attendance to Night Operations Manager. In case of absence, Supervisors will assess the situation and report whether the daily tasks can be completed by the on-site staff. If tasks cannot be completed with the on-site staff, Night Operations Manager will contact the Corporate Operations Manager for additional manpower. ☞Predictable absences (i.e. vacation ) will be covered by a substitute. I.Transition Plan Pre-start Day 1: First day when notified of award •Contract awarded •UBM immediately conducts “new start” meeting to plan transition into facility •Assign start-up team members for the project Pre-start Day 2 •Review projected equipment and supply list; make revisions as required •Order equipment and supplies if needed Pre-start Days 2-10 •Interview and background check for additional staff Pre-start Days 11-15 •Site survey conducted •Phase-in plan finalized •Back-up staffing planned Pre-start Days 16-20 •Conduct employee training •Review all work specifications with managers and supervisors •Daily start-up team meetings to ensure all required duties have been completed Pre-start Days 21-28 •Continue daily start-up team meetings •Review equipment status & complete inventory check •Equipment delivered Pre-start Day 29 •Final walk-thru of facility with UBM site managers, supervisors and lead staff Start date: Day 30 •First day of service under new contract Page 29 of 37 Page 122 Item 5. Post-start date Days 1-30 •Review start-up successes or deficiencies with client •Corporate managers tour facilities to determine quality of start-up service, immediately correcting any deficiencies It takes longer hours and additional man-hours to bring the level of service up to our standard if previous contract deficiencies are greater than expected. In this case, we will provide transition team with extra staff at no additional cost to overcome previous contract deficiencies. J.Equipment List UBM will provide any other equipment, not listed above, if needed to fulfill scope of work requirements. All equipment will be of NEW condition. UBM will perform periodic preventative maintenance to all equipment to prevent breakdown and ensure that they are operational and safe to use. Equipment Type Brand Picture High Speed Burnisher Tennant BR-2000- DC 20” Low-Speed Machine Advance Pacesetter 20HD Wet & Dry Vacuum Advance VL500 Floor Dryer Advance AM2400D Page 30 of 37 Page 123 Item 5. Mop bucket Combo Rubbermaid WaveBrake Down 7577-88 Backpack Vacuum Proteam Supercoach Upright Vacuum Sanitaire Vacuum with Allergen Filtration SC888K Wet Floor Sign Rubbermaid 6112 Dust Mop 5x36, 5x48 with handle Rubbermaid J855, M116 Wet Mop and Handle Rubbermaid H116, T256 Lobby Dust Pan with Small Broom Rubbermaid 6374, 2531 Day Porter Cart Rubbermaid 9T72 Page 31 of 37 Page 124 Item 5. 44gl Trash Barrel with Dolly Rubbermaid Brute 2643-60 K.Green Cleaning Program UBM Enterprise, Inc. champions an eco-friendly stance by employing green cleaning methods. We emphasize the use of sustainable chemicals, processes, and equipment to prioritize the health and safety of our staff, clients, and the larger community while safeguarding the environment. Since 2008, we've innovated comprehensive janitorial programs that accentuate cleaning efficiency without compromising environmental and human well-being. As a testament to our commitment, UBM is an esteemed member of the North Texas Chapter of the USGBC. At the core of UBM's cleaning practices are environmentally preferable products and equipment. These selections not only minimize risks to individuals and the ecosystem but also attenuate the overall environmental footprint throughout their lifecycle - from production to disposal. Understanding Green Cleaning Simply put, Green Cleaning epitomizes health preservation without jeopardizing the environment. Our guiding principle, "Cleaning for Health and the Environment," seeks to fulfill green cleaning mandates while curtailing the exposure of our teams and facility users to any elements potentially detrimental to human health or the environment. UBM's strategy stands as a beacon for clients aiming for LEED certification. By integrating benchmarks and practices from LEED-EB editions, Green Seal GS 42 standards for cleaning services, and insights from the Pennsylvania Green Building Maintenance Manual, we've sculpted a top-tier Green Cleaning Program for our associates. While many conventional cleaning methodologies are effective, green cleaning accentuates the symbiosis of health, environmental responsibility, and aesthetic appeal. In introducing this program, we reiterate that UBM is already proficient in numerous green methodologies. UBM's Green Cleaning Program Components: Section 1: High-Performance Green Cleaning Program Section 2: Healthy High-Performance Cleaning Procedures Section 3: Chemicals Section 4: Equipment Section 5: SAP Order Record Section 6: Training Attendance Log Form Page 32 of 37 Page 125 Item 5. Section 7: Communication - With reference to the APPA Guidelines, we include an Assessment Audit Form. Section 8: Staffing L.Recycle Program In collaboration with the Town of Prosper, UBM Enterprise, Inc. commits to significantly reducing waste that is routed to landfills and incinerators. We understand the environmental and societal benefits of an effective recycling program, and we're prepared to be at the forefront of this initiative. UBM's Unique Role in Waste Management: We have a pervasive presence across all sites. Our teams interact with every trash and recycling receptacle. We possess firsthand knowledge of the contents of these receptacles. It is our responsibility to collect and manage these materials. We influence the final destination of all collected waste and recyclables. Adherence and Improvement: UBM pledges to meticulously adhere to all recycling guidelines set forth by the Town of Prosper. Beyond compliance, we also offer our expertise. Should we identify potential areas for improvement or optimization within the recycling processes, we will proactively communicate our recommendations to city officials. Employee Training and Communication: A successful recycling program hinges on well-trained staff and seamless communication. To this end: We incorporate a comprehensive recycling module in our employee training sessions. This ensures that every team member understands the importance of their role and is equipped with the knowledge to perform it effectively. We establish robust communication channels within our organization. This facilitates the swift sharing of information and feedback, allowing us to continually refine our approach and ensure maximum efficiency and efficacy in our recycling efforts. By prioritizing the Town of Prosper's recycling goals, UBM Enterprise, Inc. hopes to foster a sustainable future for the community and set a precedent for other cities to follow. Page 33 of 37 Page 126 Item 5. M.Chemical Supplies List General Purpose Cleaners STRIDE™ CITRUS NEUTRAL CLEANER ALPHA-HP™ MULTI- SURFACE CLEANER Washroom Care CREW™ BATHROOM CLEANER & SCALE REMOVER ALPHA-HP® Bathroom Disinfectant Environmentally Preferred Product Specialty GLANCE™ NON- AMMONIATED GLASS CLEANER CREW™ EMEREL™ PLUS CREME CLEANSER Odor Control Good Sense® Odor Eliminator Carpet Care HEAVY DUTY PRESPRAY PLUS Floor Care FREEDOM SC Stripper AQUARIA Floor Finish ☞Safety Data Sheets (SDS ) will be placed in all janitorial closets where chemical supplies stored. Page 34 of 37 Page 127 Item 5. Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us FORM CIQ OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Date Received A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 7 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Name of vendor who has a business relationship with local governmental entity.1 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 2 3 Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. 4 6 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Page 35 of 37 UBM Enterprise, Inc. None 08/22/2023 Page 128 Item 5. 18 REQUEST FOR PROPOSAL #2312-031 CUSTODIAL SERVICES Proposed Pricing Table *Costs should include day porters at the locations requested in the specification Description Monthly Cost Yearly Cost Town Hall Prosper Public Library Central Fire Station #1 Fire Station #2 (Supplies Only) Fire Station #3 (Supplies Only) Parks Admin Offices Parks Recreation Offices Parks Operations Offices Police Department Public Works Complex $4,007.19 $1,256.33 $2,455.46 $110.00 $110.00 $561.44 $536.31 $196.02 $3,117.02 $733.92 $48,086.28 $15,075.96 $29,465.52 $1,320.00 $1,320.00 $6,737.28 $6,435.72 $2,352.24 $37,404.24 $8,807.04 Page 36 of 37 Page 129 Item 5. 19 Price for Additional Services or Facilities* Service Price U/M Day Porter Services during business hours per hour per person Additional cleanup services after hours (as needed, or special events) per hour per person Upholstery shampooing per chair Upholstery shampooing per couch Upholstery shampooing per bench Additional carpet cleaning per square foot Public/Office Space per square foot Recreation Space per square foot Maintenance Space per square foot *The Town may desire to add additional facilities to this agreement at any time. This price per square foot will be utilized to add additional areas. This price per square foot includes all labor, materials, supplies, etc. in order to maintain the space. $20.00 $20.00 $100.00 $80.00 $0.20 $0.12 $0.12 $0.12 $25.00 Page 37 of 37 Page 130 Item 5. Page 1 of 1 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Mario Canizares, Town Manager Re: Bound Tree Medical Supplies Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of pharmaceuticals and emergency medical supplies from Bound Tree Medical, LLC, at the unit prices bid through a City of Richardson contract. Description of Agenda Item: This purchase will provide a blanket PO for the purchase of pharmaceuticals and emergency medical supplies for patients of medical emergencies and injuries. Budget Impact: The estimated annual expenditure for these items is $125,000.00 and will be funded from account 100-5440-30-10. Subsequent annual expenditures will be subject to appropriations granted in future fiscal years. Attached Documents: 1. City of Richardson Contract Town Staff Recommendation: Town Staff recommends approving the purchase of pharmaceuticals and emergency medical supplies from Bound Tree Medical, LLC, at the unit prices bid through a City of Richardson contract. Proposed Motion: I move to approve the purchase of pharmaceuticals and emergency medical supplies from Bound Tree Medical, LLC, at the unit prices bid through a City of Richardson contract. FIRE DEPARTMENT Page 131 Item 6. Page 132 Item 6. Page 133 Item 6. Page 134 Item 6. Page 135 Item 6. Page 136 Item 6. Page 137 Item 6. Page 1 of 1 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Mario Canizares, Town Manager Re: Subject: Galls Uniform & Equipment Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of uniforms and equipment from Galls, LLC through the City of Frisco cooperative best value bid (1905-082). Description of Agenda Item: Galls, LLC is the incumbent vendor for uniform duty wear, dress uniforms, and athletic apparel to the Town. The Town of Prosper previously entered an ILA to utilize the City of Frisco Cooperative Best Value Bid Number 1905-082. Budget Impact: The blanket order expenditure request is for $90,000.00. This was an approved budget item and will be funded by Account No. 100-5400-30-01. Attached Documents: 1. City of Frisco Uniform Contract Town Staff Recommendation: Staff recommends approving the purchases of uniforms and equipment from Galls, LLC through the City of Frisco cooperative best value bid (1905-082). Proposed Motion: I move to approve the purchase of uniforms and equipment from Galls, LLC through the City of Frisco cooperative best value bid (1905-082). FIRE DEPARTMENT Page 138 Item 7. June 14, 2023 Galls, LLC 1340 Russell Cave Rd. Lexington, KY 40505 800-876-4242 Ext.4242 Cook-Wayne@galls.com Wayne Cook BVB #1905-082 Fire Department Uniforms Award Date: 08/07/2019 Contract Renewal Period: 08/07/2023 – 08/06/2024 Gall’s, The City of Frisco is requesting a one year renewal to continue your services under the conditions of the accompanying document below on the above referenced contract. The City will issue Purchase Orders to you as necessary. This is the fourth of four optional one-year renewals. Please acknowledge receipt of this letter by signing and emailing it to Steve Cone at scone@friscotexas.gov or you may fax it to 972-292-5586. __________________________ _______________ Name Date __________________________ Signature We look forward to a continued successful business relationship. If you have any further questions, please contact the Purchasing Division at (972) 292 5542. Sincerely, Steve Cone, CPPB Purchasing Manager Mike Fadden, CEO 6/14/2023 Page 139 Item 7. 05/01/2023 Via electronic mail Attn: Steve Cone George A. Purefoy Muncipal Center 6101 Frisco Square BLVD Frisco, Texas 75034 Scone@friscotexas.gov Re: Renewal and Price Increase for City of Frisco- Fire Department Uniforms- Contract#1905-082 Dear Mr. Cone, Due to increased costs from our suppliers and changes to market conditions affecting labor, utility, and shipping costs, Galls is requesting a price increase of 5%- 18.20 % on the affected goods and services provided by Galls on the City of Frisco- Fire Department Uniforms- Contract#1905-082. In addition to the Contract items all other goods purchased by the City of Frisco will be increased at a rate of 5%. As evidence of the above and for your records, please find enclosed documentation supporting this request. Also enclosed is the updated price schedule for all Contract items. This request is in accordance with the Contract and if approved will take effect on the renewal date or earliest effective date per the contract terms. If you have any questions, please contact Angela Isom at Isom-angela@galls.com address or 859-800-1341. We appreciate your attention to this important matter. Regards, Angela Isom Strategic Contract Management Specialist Galls, LLC Enclosure: CPI/ Mfg. Letters/ Updated Contract Pricelist Page 140 Item 7. Bureau of Labor StatisticsSeries Id:Series Title:Area:Item:Base Period:Years:YearJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALF1 HALF220131.6 2.0 1.5 1.1 1.4 1.8 2.0 1.5 1.2 1.0 1.2 1.5 1.5 1.420141.6 1.1 1.5 2.0 2.1 2.1 2.0 1.7 1.7 1.7 1.3 0.8 1.7 1.52015-0.1 0.0 -0.1 -0.2 0.0 0.1 0.2 0.2 0.0 0.2 0.5 0.7 -0.1 0.320161.4 1.0 0.9 1.1 1.0 1.0 0.8 1.1 1.5 1.6 1.7 2.1 1.1 1.520172.5 2.7 2.4 2.2 1.9 1.6 1.7 1.9 2.2 2.0 2.2 2.1 2.2 2.020182.1 2.2 2.4 2.5 2.8 2.9 2.9 2.7 2.3 2.5 2.2 1.9 2.5 2.420191.6 1.5 1.9 2.0 1.8 1.6 1.8 1.7 1.7 1.8 2.1 2.3 1.7 1.920202.5 2.3 1.5 0.3 0.1 0.6 1.0 1.3 1.4 1.2 1.2 1.4 1.2 1.220211.4 1.7 2.6 4.2 5.0 5.4 5.4 5.3 5.4 6.2 6.8 7.0 3.4 6.020227.5 7.9 8.5 8.3 8.6 9.1 8.5 8.3 8.2 7.7 7.1 6.5 8.3 7.720236.4 6.05.0CPI for All Urban Consumers (CPI-U)12-Month Percent ChangeCUUR0000SA0,CUUS0000SA0Not Seasonally AdjustedAll items in U.S. city average, all urban consumers, not U.S. city averageAll items1982-84=1002013 to 2023Source: Bureau of Labor Statistics Page 141Item 7. Dear Valued Partner: This historic inflationary environment continues to put significant financial pressure on American businesses. Despite Galls’ best efforts to absorb cost increases by renegotiating with our vendors and making our operations more efficient, like so many American businesses, we must pass on some of these costs to our customers. I know that’s not the message you wanted to hear, and I feel it’s essential our customers understand where Galls is feeling the most pressure. Supplier Increases The number and size of price increases being passed to Galls from our suppliers are unprecedented. Manufacturers of everything from uniforms to tactical pants to boots to duty belts are all passing on up to double-digit increases. Transportation The pandemic continues to drive a surge in transportation costs. For Galls, our FedEx, UPS, and the US Postal Service shipping costs are up 8% in 2022. Ocean freight, leveraged by Galls and many of our suppliers, is up 1000% or more annually. Truck Freight, how we get products to our branches and distribution center from ports and suppliers, has increased a minimum of 9.1% to as high as 28.5% in 2022. Labor Expense I am passionate about hiring, retaining, and developing the best talent to serve you, our front-line, military, and public safety heroes. But unfortunately, a lack of applicants, federal wage law changes, increases in insurance costs, and a competitive wage environment have driven our wages by over 50 percent in the last six months. Thank you for your business, continued partnership, and understanding of the inflationary pressures affecting us all. Mike Fadden, CEO Page 142 Item 7. Streamlight, Inc. ▪ 30 Eagleville Road ▪ Eagleville, PA 19403-3996 USA Tel: 800-523-7488 ▪ 610-631-0600 ▪ Fax: 800-220-7007 ▪ 610-631-0712 www.streamlight.com January 2, 2023 Dear Streamlight Distributor, In today’s challenging and ever-changing marketplace, Streamlight remains committed to managing and mitigating cost increases by taking a very strategic view of pricing. We have worked to limit price increases (no price increase in 2020 and 2021) by focusing on value engineering within our product line coupled with ongoing efforts to improve operational and supply chain efficiencies. While inflationary pressures continue across a broad range of labor and material inputs, we have started to see some stabilization. Streamlight remains committed to providing our distributors with a consistent timeline on price increases. We have maintained this normal timeline and cadence through the difficult years of 2020, 2021 and 2022. In addition, we also consider it very important and part of our responsibility as a good partner to absorb certain levels of transient costs in areas like freight and logistics as well as managing increases to our fixed costs like direct labor and materials and not pass them on immediately. Even through our best efforts, global inflationary pressures and supply chain impacts have led to several permanent cost increases across most of our materials over the past 12 months. As an example, we incurred cost increases of more than 30% through 2022 on rechargeable lithium-ion batteries, primary lithium batteries and NiMH rechargeable cells through a series of increases from suppliers. In addition, freight costs as well as labor shortages resulting from the pandemic have resulted in permanent cost increases in both freight and direct labor expenses. We have absorbed these increases through 2022 and have waited to pass any of these increased costs onto you until we determined they were permanent and in conjunction with our normal pricing process timeline. Based on the above and what we consider to be permanent increases, we will be implementing a 6% price increase effective March 1, 2023. We hope that by maintaining our normal pricing process and confirming inputs deemed to be permanent cost increases, that we minimize the disruption to our mutual business. We remain committed to our goal of being your trusted partner by continuing our investments in value engineering, supply chain efficiencies, operations, and manufacturing and look forward to working together for a successful 2023. Click here for the 2023 Distributor Price List. Sincerely, Dawn M. Dalldorf-Jackson Vice President Distribution & New Business Development Page 143 Item 7. Dear Valued Smith & Warren Dealer, Use the links below to download the retail price list which is effective February 1, 2023. While costs have increased we also believe they have stabilized. As such, the price increase for 2023 is very modest. No increase on Rhodium finish and an average of 2.5% on other finishes. The past two years have been challenging, but Smith & Warren continues to understand the importance of being reliable. During 2022 we shipped over 95% of orders ahead of schedule and with the highest rate of accuracy in our company history. We continue to make significant investments in our systems, equipment, and people so that we can continue to provide you with the best service possible. We are your reliable badge supplier. Page 144 Item 7. Page 145 Item 7. Lion First Responder, PPE • 4418 Pottsville Pike • Reading, PA 19605 • Tel. 800-468-4654 • www.elbeco.com October 24, 2022 Galls Inc 1340 Russell Cave Rd Lexington, KY 40505 To Whom It May Concern: In regard to the Gall’s pricing, please note that there was an annual increase of 5-7% starting on November 23, 2022. These increases were directly related to higher costs of materials, freight, and labor. If you would have any questions, please feel free to contact the VP of Sales and Marketing, David Burnette at dburnette@elbeco.com. Thank you for your valued business. Sincerely, Samantha Brady Pricing Manager Page 146 Item 7. Lion First Responder, PPE • 4430 Pottsville Pike, Suite 1010-Elbeco Office • Reading, PA 19605 • Tel. 800-468-4654 • www.elbeco.com March 8, 2023 Galls Inc 1340 Russell Cave Rd Lexington, KY 40505 To Whom It May Concern: Please note that there was an overall increase of 5-22% from year 2022 through year 2023 for Lion StationWear products. These increases were directly related to higher costs of materials, freight, and labor. If you would have any questions, please feel free to contact the Strategic Distribution Manager, Mark Downing at mdowning@elbeco.com. Thank you for your valued business. Sincerely, Samantha Brady Samantha Brady Pricing Manager Page 147 Item 7. Page 148 Item 7. November 2, 2022 Dear Partners, This letter serves as a notice regarding a price increase that will go into effect January 1, 2023. This increase is related to material, transportation, and labor cost increases. We have been listening to your feedback, and we understand price increases and the timing around them can be especially difficult. In addition to providing 60 days' notice, our aim was to apply the smallest price increases on our top- selling products, and when possible, avoid increases altogether on certain product sub-families. We are making the following price changes as outlined below for the United States and Canada regions: Line of Business Top Sellers Rest of Portfolio Exclusions (0% Increase) Hearing 2% 4% n/a Eye, Head, Face 3.5% 3%-5% RX Eyewear Hand 2.5%-3.5% 5%-6% Disposable Gloves Emergency Eyewash 3% 6% n/a Fall 4%-6% 4%-6% Self-Retracting Devices Footwear n/a n/a All SKUs Respiratory 3% on APR 3%-4.5% APR non top seller Disposable | Supplied Air | PAPR The updated pricing book will be loaded on November 2, 2022. Any questions you have can be directed to your account representatives. As always, we are grateful for your continued business and look forward to providing for your PPE needs. Sincerely, Morgan Kurk President, PPE Honeywell Safety & Productivity Solutions Page 149 Item 7. Page 150 Item 7. January 25, 2023 Galls Attn: Erica Agnew 1340 Russell Cave Road Lexington, KY 40505 Dear Erica, This letter is to confirm that on March 1, 2023 there will be a list price increase on all Fechheimer (Flying Cross and Vertx) styles. The price increase will be approximately 5.0%. This is in result of increases in materials and trim. If there are any questions or additional information that is needed please feel free to contact me. Sincerely, Brian Duffy VP, Customer Service Page 151 Item 7. Blauer Manufacturing Company 20 Aberdeen Street Boston, MA 02215 USA January 5, 2023 To Whom It May Concern: Blauer’s January 2023 price list includes increases on most items in our line year-over-year for both the 12 month and six-month trailing periods. The average price increase for the period from January 2022 to January 2023 is 8%. The average price increase for the period of July 15, 2022 to January 1, 2023 is 3%. These price increases are necessary to cover labor, material and freight cost increases. Included with this letter is an item-by-item summary of the price increases for the period of January 1, 2022 to January 1, 2023. Sincerely, Thomas Ames Vice President – Business Development Blauer Manufacturing Company tames@blauer.com Page 152 Item 7. Dear Valued Partner, We are reaching out to let you know of some upcoming Price Changes for certain styles. Please refer to the below link for the list of styles and new pricing that will be effective 1.18.23. If you have any questions, please reach out to your Territory Manager. Page 153 Item 7. V.H. Blackinton & Co., Inc. www.blackinton.com NUMBER OF PAGES (including cover): 221 John L. Dietsch Blvd. Post Office Box 1300 Attleboro Falls Massachusetts 02763-0300 TEL - 800.699.4436 FAX - 800.695.5349 BADGES INSIGNIA NAME BARS COMMEMORATIVES MEDALS REGALIA COINS MEDALLIONS NOVELTIES JEWELRY LUCITES PLAQUES AWARDS FLEXBADGE August 4, 2022 Galls, Inc. Jamie Osborne 1340 Russell Cave Road Lexington, KY 40505 Subject: Blackinton FY 2023 Badge Price Increase Ms. Osborne, As requested, this letter is to inform you that our catalog pricing is increasing for the upcoming fiscal year of 2023, beginning on 10/1/2 2 and set to expire 9/30/23. The primary adjustment is a 15% increase to Rhodium badge finishes. All other product will receive a 10% increase. The excpetion to the increases outlined here will be our FlexBadge and Leather product lines which were adjusted earlier this year. We have discontinued all surcharges being assessed for gold and rhodium plated badge finishes. I appreciate your understanding in this matter. Best regards, V.H. BLACKINTON & CO., INC. David Elliott Director of Sales delliott@blackinton.com 1-800-699-4436 ext. 112 Page 154 Item 7. Effective April 1, 2023 Dear Valued Customer, 3M will be adjusting prices on selected products effective April 1, 2023. This action includes: •General Line Price Adjustment •Deviated Price Adjustment 3M understands the impact price adjustments have on customers like you. The above price actions taken are a result of cost increases incurred by 3M in multiple facets of manufacturing and supply chain including raw materials, labor, transportation and overhead. The overall impact will vary depending on product mix, and you may see price changes for some materials that differ from the average percentage of the product category. Page 155 Item 7. Page 156 Item 7. 2102 SW 2nd Street Pompano Beach, FL 33060 www.pointblanksolutionsinc.com Nationwide 800-413-5155 Phone 954-630-0900 Fax 954-630-9225 12/01/2022 Dear Valued Dealer, As all of you know Point Blank rolls out a new price list effective April 1st, 2023, which consists of new pricing for the current year. The 3% price increase is being communicated in December to give ample time to alert your customers. The new Retail price lists should be completed and distributed no later than March 2023. This pricing change does not affect any of your current SPQ’s (Special Price Quotes) and those are still valid. When your SPQ’s expire you should expect an increase in that price and should prepare your customers now for that price increase. SPQ’s are only valid for one year from the date that they were issued and should have an expiration date on them. If you have any questions about this price increase or your SPQ’s please feel free to reach out to your sales representative or myself and we will help in any way possible. Thank you, Hoyt Schmidt EVP Commercial Business hschmidt@pbearmor.com Page 157 Item 7. Page 158 Item 7. Safariland, LLC 13386 International Parkway Jacksonville, FL 32218 904-741-5400 Together, We Save Lives. February 2, 2023 Re: Price Increase Dear Valued Distributor, As you are aware, volatility and inflation in the global economy continue to impact businesses everywhere and have resulted in significant increases in the cost of raw materials, labor and logistics. While we are working diligently to minimize the impact on our customers by partnering with suppliers and improving our own efficiencies, we are unfortunately not immune to these pressures. As a result, we issued new pricing along with our 2023 programs that include price increases across all product lines. Most of the increases range from 3-6% however, some specific products may be impacted even more due to specific circumstances or supply chain challenges. We value your support as we work to minimize these impacts but remain committed to producing products of uncompromising quality in order to keep our first responders safe. Should you have any questions, please feel free to contact our Account Manager or Regional Sales Director. Regards, Jason Brown Director, Business Operations Page 159 Item 7. 6460 CAMINO REAL * P.O. BOX 39 * MAXWELL, TX 78656 Phone (512) 357-2968 TOLL FREE FAX 800 836-7291 July 6, 2022 Re: Price increase To: Galls 1340 Russell Cave Rd. Lexington, KY 40505 Dutyman, Inc. will be having a price increase of 6% on most of our items effective September 1, 2022. This is the first price increase we have had since June of 2019. If you have any questions, please call me at the above number. Thank you, Dennis J. Ross Company Manager Dutyman, Inc. Page 160 Item 7. 9200 Olive Boulevard, Suite 222 | St. Louis, MO 63132 | P: 314-721-8500 | F: 314-721-0569 warsonbrands.com January 2023, To Whom It May Concern: This letter confirms that there will be a price increase of approximately 2%-4% on all footwear styles, starting March 1, 2023. If you have any questions or comment, please contact your territory manager, Sammy Kay (423) 762-2071 skay@warsonbrands.com or myself. Sincerely, Tommy O’Brien Vice President of Sales Warson Brands, Inc. 314-614-9736 tobrien@warsonbrands.com Page 161 Item 7. Page 162 Item 7. November 23, 2022 RE: Galls Price Increase Dear Valued Partner, As you have seen in a recent letter from our CEO Mike Fadden, we’re in an unprecedented inflationary environment that we do not expect to see abating anytime soon. As a result, in addition to our supplier increases on products that we provide to you, we’re asking for an increase totaling 10% increase on your pricing. This is driven by two major factors, our freight costs which have risen over 8% since 2021 and our labor costs which have risen over 50% to allow us to keep pace with the job market. While Galls is not immune to the outside effects of the current inflationary environment, we’re working closely with our supplier partners to increase our inventory and improve service across our network. We appreciate your support and partnership as we work together to provide great service to your end users. Thank You, Jim Dugan, CRO Page 163 Item 7. Customer: City of Frisco- Fire Department Uniforms- Contract#1905-082  Date:                   5/4/2023 GQ Item# MFG Model # MFG Description Current Price New Price BG237 59012‐019‐1 SZ 5.11 Inc. PATROL READY BAG BLACK $ 52.16 $55.29 BG395 56045‐019‐1 SZ 5.11 Inc. WINGMAN PATROL BAG $ 77.69 $82.35 FT2632 12421‐019‐10‐R 5.11 Inc. 5.11 COMPANY 3.0 CARBON TAC TOE  BOOT $ 125.20 $132.71 FW069 12007‐019‐7‐R 5.11 Inc. 5.11 WOMENS ATAC 8IN ZIPPER BOOT $ 99.96 $105.96 FW138 12018‐019‐10‐R 5.11 Inc. ATAC 6IN BOOT SIDE ZIP $ 91.11 $96.58 FW1772 12404‐019‐10‐R 5.11 Inc. 5.11 WOMENS ATAC 2.0 6IN SZ $ 99.39 $105.35 FW1773 12401‐019‐10‐R 5.11 Inc. 5.11 ATAC 2.0 6IN NZ $ 91.11 $96.58 FW339 RO52 12025‐019 7 5.11 Inc. 5.11 WOMENS ATAC 6IN S/Z BOOT $ 92.41 $97.95 FW408 12032‐019‐11.5‐R 5.11 Inc. 5.11 MENS COMPANY 2.0 BOOT $ 111.22 $117.89 FW409 12033‐019‐10‐R 5.11 Inc. 5.11 MENS COMPANY COMP TOE 2.0 BOOT $ 125.42 $132.95 HW401 89250‐019‐L/XL 5.11 Inc. TACTICAL FLEECE WATCH CAP W/5.11 LOGO ON LEFT SIDE $ 16.27 $17.25 HW426 89260‐019‐1 SZ 5.11 Inc. 511 ADJUSTABLE UNIFORM HAT $ 8.87 $9.40 JA187 48159‐720‐L 5.11 Inc. TACLITE REVERSIBLE COMPANY JACKET $ 110.03 $116.63 JA295 80001‐019‐L 5.11 Inc. 511 TACTICAL VEST $ 70.71 $74.95 JA487 48027‐019‐L‐L 5.11 Inc. 511 TACTICAL 4 IN 1 PATROL JACKET $ 272.14 $288.47 JA774 48052‐019‐L 5.11 Inc. LINED PACKABLE JACKET $ 50.66 $53.70 JA835 48099‐019‐L 5.11 Inc. CHAMELEON SOFTSHELL $ 121.55 $128.84 JX074 45801‐320‐L 5.11 Inc. BIKE PATROL JACKET $ 166.49 $176.48 NP517 59409‐019‐L 5.11 Inc. 5.11 TACTICAL 1 1/2IN TRAINER BELT $ 42.59 $45.15 NP569 59551‐019‐L 5.11 Inc. 5.11 TDU BELT 1.5IN PLASTIC BUCKLE $ 15.98 $16.94 NP571 59552‐019‐L 5.11 Inc. TDU BELT 1.75IN PLASTIC BUCKLE $ 15.98 $16.94 RW135 48057‐019‐L‐R 5.11 Inc. PATROL RAIN SUIT PANTS $ 65.48 $69.41 RW141 48098‐019‐L 5.11 Inc. TAC DRY RAIN SHELL $ 117.83 $124.90 SH697 71339T‐019‐L 5.11 Inc. 511 TACLITE TDU S/S SHIRT $ 45.79 $48.54 SP079 12145‐019‐8.5‐R 5.11 Inc. ATAC WOMEN'S 8" SHIELD DUTY BOOT $ 145.53 $154.26 SP583 12001‐019‐10‐R 5.11 Inc. 5.11 ATAC 8IN ZIPPER BOOT $ 95.84 $101.59 SP584 12002‐019‐12‐R 5.11 Inc. 5.11 ATAC QUARTER BOOT $ 92.54 $98.09 SP725 12004‐019‐12‐R 5.11 Inc. 5.11 TACTICAL ATAC 8IN STORM WP  ZIPPER $ 132.52 $140.47 SR570 71175‐019‐L 5.11 Inc. S/S TACLITE PRO POLY/COTTON  RIPSTOP SHIRT $ 53.25 $56.45 SR571 72175‐116‐L 5.11 Inc.TACLITE PRO SHIRT LS POLY/CTN  RIPSTOP $ 63.89 $67.72 SR611 71177‐019‐L‐T 5.11 Inc. MENS SHORT SLEEVE TWILL PDU SHIRT $ 55.61 $58.95 Page 164 Item 7. SR612 72345‐019‐L‐T 5.11 Inc. MENS LONG SLEEVE TWILLCLASS B  PDU SHIRT $ 55.50 $58.83 SR653 72194‐019‐L 5.11 Inc. 511 RAPID ASSAULT SHIRT $ 55.44 $58.77 SR758 72054T‐019‐L 5.11 Inc.5.11 Tactical Taclite TDU Long Sleeve  Shirt $ 49.95 $52.95 SR932 62070‐019‐L 5.11 Inc.WOMENS TACTLITE LONG SLEEVE  SHIRT $ 48.25 $51.15 ST131 71322‐693‐L 5.11 Inc. S/S POLYESTER BIKE PATROL POLO $ 45.73 $48.47 ST132 72363‐720‐L 5.11 Inc. 511 STORM QTR ZIP JOB SHIRT $ 80.46 $85.29 SW439 41060‐019‐L 5.11 Inc.511 TACTICAL UNIFORM S/S POLO  SHIRT $ 43.78 $46.41 SW456 42056T‐019‐L 5.11 Inc. 511 TACTICAL PROFESSIONAL L/S POLO $ 51.62 $54.72 SW724 71049‐019‐L 5.11 Inc. 5.11 MENS PERFORMANCE S/S POLO $ 38.76 $41.09 SW726 72049‐019‐L 5.11 Inc. 5.11 PERFORMANCE L/S POLO $ 40.24 $42.65 SW849 72321T‐720‐L 5.11 Inc. 511 JOB SHIRT WITH CANVAS DETAILS $ 71.60 $75.90 SW850 72314‐019‐L 5.11 Inc. 511 1/4 ZIP JOB SHIRT $ 67.44 $71.49 SW984 71182‐019‐L 5.11 Inc. TACTICAL S/S POLO $ 43.78 $46.41 SW992 61164‐019‐L 5.11 Inc. 5.11 WOMENS TACTICAL S/S POLO $ 37.46 $39.71 SW993 61165‐019‐L 5.11 Inc.5.11 WOMENS PERFORMANCE S/S  POLO $ 38.58 $40.89 SW994 61166‐019‐L 5.11 Inc.5.11 WOMENS PROFESSIONAL S/S  POLO $ 40.47 $42.90 TR135 74251‐019‐28‐30 5.11 Inc. 5.11 Tactical Pants $ 49.74 $52.72 TR190 73285‐019‐28 5.11 Inc. 511 TACTICAL SHORTS $ 46.73 $49.53 TR336 74003‐019‐L‐L 5.11 Inc. 511 TACTICAL TDU POLY/COTTON  RIPSTOP PANTS $ 46.49 $49.28 TR337 74004 019 S L 5.11 Inc. 511 TACTICAL TDU POLY/COTTON  TWILL PA $ 46.93 $49.75 TR407 74407‐019‐30‐L 5.11 Inc. 5.11 MOTORCYCLE BREECHES $ 108.11 $114.60 TR506 74273‐116‐28‐30 5.11 Inc. 5.11 TAC LITE PANTS $ 54.42 $57.69 TR626 73287‐019‐28 5.11 Inc. TACLITE PRO SHORTS $ 54.42 $57.69 TR642 64360‐019‐2‐L 5.11 Inc. WOMENS TACLITE PRO PANT $ 48.31 $51.21 TR682 63071‐019‐2 5.11 Inc. 5.11 WOMENS TACLITE SHORT $ 44.40 $47.06 TR886 73308‐116‐36 5.11 Inc. 511 11 INCH TACLITE SHORT $ 48.13 $51.02 TR907 64371‐108‐2 5.11 Inc. WOMENS TACLITE PDU CLASS B PANT $ 50.12 $53.13 TR909 74369‐116‐28‐30 5.11 Inc. 5.11 STRYKE PANT W/FLEX TAC $ 87.56 $92.81 TR980 64386‐019‐0‐L 5.11 Inc. WOMENS STRYKE PANT $ 68.60 $72.72 TS585 72318‐720‐L 5.11 Inc. 5.11 TACTICAL PROFESSIONAL LONG SLEEVE T‐SHIRT $ 29.58 $31.35 TS587 71309‐720‐L 5.11 Inc. 511 PROFESSIONAL SHORT SLEEVE T$ 23.67 $25.09 TT371 73327‐116‐28 5.11 Inc. STRYKE SHORT $ 85.19 $90.30 UA509 40005‐019‐L 5.11 Inc.511 TACTICAL S/S WICKING TIGHT  CREW $ 27.71 $29.37 HW804 6277 NAVY L/XL Alpha Shirt Co YUPOONG FLEXFIT CAP $ 9.97 $10.47 HD509 1500‐BLK ALPHABRODER YUPOONG ACRYLIC KNIT BEANIE $ 12.20 $12.81 TS015 5596 ASH LG ALPHABRODER HANES L/S T‐SHIRT WITH POCKET $ 11.92 $12.52 Page 165 Item 7. BA009 52634 ARMAMENT SYSTEMS AND  PROCEDURE ASP ROTATING SIDEBREAK SCABBARD  FOR 26IN EXPANDABLE BATONS $ 38.51 $40.44 BA035 52411 ARMAMENT SYSTEMS AND  PROCEDURE ASP 21IN EXPANDABLE BATON $ 90.94 $95.49 BA036 52611 ARMAMENT SYSTEMS AND  PROCEDURE ASP 26IN EXPANDABLE BATON $ 101.61 $106.69 BA054 52412 ARMAMENT SYSTEMS AND  PROCEDURE 21 IN AIRWEIGHT BATON NO  ENGRAVING $ 90.94 $95.49 BA243 32611 ARMAMENT SYSTEMS AND  PROCEDURE ASP 26IN DURA TEC EXPANDABLE  BATON W/ MOLDED GRIP $ 90.94 $95.49 FH698 53032 ARMAMENT SYSTEMS AND  PROCEDURE CR123A 4 BATTERIES & LINK CASE $ 7.48 $7.85 FL1369 ASP‐81920 2PK AA ARMAMENT SYSTEMS AND  PROCEDURE AA/AAA BATTERY 2/PK $ 3.20 $3.36 FL189 35710 ARMAMENT SYSTEMS AND  PROCEDURE TUNGSTEN USB LED LIGHT $ 101.64 $106.72 FL461 35636 ARMAMENT SYSTEMS AND  PROCEDURE ASP TACTICAL USB LOCKING SWITCH  RECHA $ 42.68 $44.81 LP525 56132 ARMAMENT SYSTEMS AND  PROCEDURE LEATHER HANDCUFF CASE FOR $ 35.30 $37.07 RS267 56109 ARMAMENT SYSTEMS AND  PROCEDURE ASP ULTRA STEEL CHAIN HANDCUFFS $ 42.79 $44.93 JA959 2492005 Atlanco TRU‐SPEC H2O PROOF ALL SEASON  RAIN PARKA $ 93.81 $98.50 JS004 2653025 Atlanco FLIGHT SUIT $ 51.17 $53.73 SG495 1238025 Atlanco SHIRT, TRU XTREME NYCO R/S W/  INSET SF $ 93.59 $98.27 SH102 2566025 Atlanco 65/35 POLY COTTON RIPSTOP 1/4 ZIP COMBAT SHIRT $ 52.88 $55.52 SH1062 1288025 Atlanco TRUSPEC TRU L/S POLY/COTT RIPSTOP SHIRT $ 42.29 $44.40 SH111 2542025 Atlanco 50/50 CORDURA NYLON COTTON RIP  1/4 ZIP COMBAT SHIRT $ 55.56 $58.34 Page 166 Item 7. SR586 2552025 Atlanco TRU SPEC 65/35 POLY COTTON R/S COMBAT SHIRTS $ 46.96 $49.31 SR617 1339042 Atlanco TRUSPEC TACT RESP CORDURA NYLON RIPSTOP SHIRT $ 57.27 $60.13 SR778 4336005 Atlanco 24‐7 PERFORMANCE S/S POLO $ 31.72 $33.31 TR425 1289025 Atlanco TRUSPEC TRU POLY/COTT RIPSTOP  PANTS $ 41.48 $43.55 TR504 1073082 Atlanco MENS TRUSPEC 24 ‐7 100% COTTON PREWASHED CANVAS TACTICAL PANT $ 39.42 $41.39 TR549 1062082 Atlanco MENS TRU‐SPEC 24‐7 TEFLON COATED  P/C R/S TACTICAL PANTS $ 39.42 $41.39 TR573 4265002 Atlanco TRU‐SPEC 24‐7 POLY/CTN RIPSTOP  SHORTS $ 31.19 $32.75 TR625 1096001 Atlanco TRU‐SPEC 24‐7 WOMEN'S P/C R/S  PANT $ 39.42 $41.39 TR676 1341046 Atlanco TRUSPEC TAC RESP CORDURA NYLON RIPSTOP PANTS $ 54.03 $56.73 TR724 1121082 Atlanco 24‐7 MENS EMS PANTS $ 41.05 $43.10 TR725 1124001 Atlanco 24‐7 WOMENS EMS PANTS $ 41.13 $43.19 TT320 1246025 Atlanco XTREME NYCO TRU PANT $ 83.19 $87.35 TT366 1239025 Atlanco PTS TRU XTREME NYCO R/S W/ INSET  SF $ 93.59 $98.27 TU642 1035082 Atlanco 24‐7 ASCENT PANT $ 51.17 $53.73 TP360 70501/187 Avon  Protection Systems AVON C50 MASK $ 517.75 $543.64 FT971 E07008 BLK 10 M Bates ‐  Wolverine  Worldwide MENS 8 DUTY BOOT $ 112.37 $117.99 FW074 E00742 105 M Bates ‐  Wolverine  Worldwide BATES WOMENS HI ‐GLOSS OXFORD $ 132.97 $139.62 FW580 E00941 B 10 Bates ‐  Wolverine  Worldwide BATES HIGH GLOSS OXFORDS $ 96.16 $100.97 FW581 E00968 BLK 10C Bates ‐  Wolverine  Worldwide BATES LEATHER UNIFORM OXFORDS $ 96.11 $100.92 FW668 E22141 BLK 10 M Bates ‐  Wolverine  Worldwide BATES HIGH GLOSS DUTY OXFORDS $ 59.67 $62.65 FW895 E11936270‐001LR Bates ‐  Wolverine  GWorldwide HEAVYWEIGHT CREW SOCK 4 PACK $ 11.79 $12.38 SP068 E00942 10 B Bates ‐  Wolverine  Worldwide BATES LITE HIGH GLOSS OXFORDS $ 129.34 $135.81 SP403 E02261 10 M Bates ‐  Wolverine  Worldwide BATES ULTRA LITE ZIPPER BOOT $ 63.71 $66.90 Page 167 Item 7. SP404 E02700 10 M Bates ‐  Wolverine  Worldwide BATES WMS 8IN ULTRA LITE ZIPPER  BOOT $ 87.10 $91.46 SP526 E02263 BLK 105 M Bates ‐  Wolverine  Worldwide BATES 8 SAFETY TOE SIDE ZIP $ 78.83 $82.77 SP675 E03140 10 M Bates ‐  Wolverine  Worldwide 8in DuraShocks® Lace‐to‐toe Side Zip  Boot $ 137.00 $143.85 SP707 E03135 BLK 10 M Bates ‐  Wolverine  Worldwide BATES DURASHOCK DEFENDER WP  BOOTS $ 138.63 $145.56 SP755 E02268 10 M Bates ‐  Wolverine  Worldwide BATES WP ULTRA LITE ZIP BOOT $ 149.67 $157.15 SP756 E02788 10 M Bates ‐  Wolverine  Worldwide BATES WOMENS WP UL ZIP $ 149.67 $157.15 SP931 E02348‐001 10 M Bates ‐  Wolverine  Worldwide BATES 8IN CUST COMFORT BOOT $ 132.40 $139.02 FZ011 NSR‐9944XL BAYCO NIGHTSTICK XTREME LUMENS METAL MULTIFUNCTION  DUTY/PERSONAL‐SIZE DUAL‐LIGHT  RECHARGEABLE $ 114.39 $120.11 HS385 1260‐RCONE BAYCO NIGHTSTICK SAFETY CONE ‐ 1160/1170/1180/1260 SERIES $ 4.15 $4.36 HW704 07NB2D3 NAV SM BAYLY, INC. BELL CROWN DRESS CAP $ 41.59 $43.67 HW1451 7036580 BELL SPORTS,  INC.GIRO HEX MAT BIKE HELMET $ 48.87 $51.31 LP793 1018079 BIANCHI/SAFAR ILA ND LLC 7912 EXPANDABLE BATON HOLDER $ 21.99 $24.41 NP159 31395 BIANCHI/SAFAR ILA ND LLC BIANCHI PATROLTEK TRPL THRT II $ 17.59 $19.52 NP161 1016365 BIANCHI/SAFAR ILA ND LLC 7205 ACCUMOLD NYLON TROUSER  BELT (INNER BELT) $ 26.81 $29.76 NP162 18779 BIANCHI/SAFAR ILA ND LLC ACCUMOLD 7120 DEFENDER $ 88.59 $98.33 NP164 1016207 BIANCHI/SAFAR ILA ND LLC ACCUMOLD DOUBLE MAG $ 27.49 $30.51 NP166 1016005 BIANCHI/SAFAR ILA ND LLC ACCUMOLD SINGLE HANDCUFF CASE $ 18.87 $20.95 NP167 1016579 BIANCHI/SAFAR ILA ND LLC ACCUMOLD DOUBLE HANDCUFF CASE $ 25.29 $28.07 NP168 1015918 BIANCHI/SAFAR ILA ND LLC ACCUMOLD BELT KEEPERS $ 12.21 $13.55 NP169 1016012 BIANCHI/SAFAR ILA ND LLC ACCUMOLD MKIII MACE CASE ‐  HIDDEN SNAP CASE $ 17.23 $19.13 Page 168 Item 7. NP291 1016628 BIANCHI/SAFAR ILA ND LLC 7320 ACCUMOLD TRIPLE THREAT MAG POUCH $ 24.19 $26.85 NP354 1016893 BIANCHI/SAFAR ILA ND LLC ACCUMOLD ELITE BELT KEEPERS $ 12.09 $13.42 NP362 1017298 BIANCHI/SAFAR ILA ND LLC ACCUMOLD LIGHT HOLDER F/STINGER  XT $ 12.09 $13.42 NP363 1017265 BIANCHI/SAFAR ILA ND LLC ACCUMOLD ELITE COMPACT HOLDER F/SUREFIRE $ 14.29 $15.86 NP446 1017914 BIANCHI/SAFAR ILA ND LLC ACCUMOLD ELITE FLAT GLOVE POUCH $ 21.78 $24.18 NP581 1018075 BIANCHI/SAFAR ILA ND LLC ACCUMOLD EXPANDABLE BATON  HOLDER 26IN $ 14.53 $16.13 NP826 31329 BIANCHI/SAFAR ILA ND LLC PATROLTEK LINER BELT $ 19.79 $21.97 NP920 1323278 BIANCHI/SAFAR ILA ND LLC 7220 NYLON DUTY BELT W/ HOOK $ 29.69 $32.96 NP934 31304 BIANCHI/SAFAR ILA ND LLC 8006 BELT KEEPER 4 ‐PK $ 9.35 $10.38 NP940 31323 BIANCHI/SAFAR ILA ND LLC 8100 WEB DUTY BELT $ 21.99 $24.41 ZD274 1016194 BIANCHI/SAFAR ILA ND LLC BI02 7311 COMPACT LIGHT HOLDER $ 21.14 $23.47 ZD455 1016143 BIANCHI/SAFAR ILA ND LLC BI02 17390 7300 ACCUMOLD SINGLE  CUFF CASE W/VELCRO $ 19.25 $21.37 ZD459 1016169 BIANCHI/SAFAR ILA ND LLC BI02 17446 7307 ACCUMOLD MKIII  MACE CASE $ 17.23 $19.13 ZK076 1016857 BIANCHI/SAFAR ILA ND LLC BI02 19696 7324 UNIVERSAL RADIO HOLDER $ 27.17 $30.16 ZM011 1015913 BIANCHI/SAFAR ILA ND LLC BI02 15634 7406 VELCRO BELT KEEPER  4 PACK $ 10.99 $12.20 ZM170 1017371 BIANCHI/SAFAR ILA ND LLC 7950 ACCUMOLD ELITE DUTY BELT $ 54.99 $61.04 ZS645 1017705 BIANCHI/SAFAR ILA ND LLC BI02 7326 COMPACT LIGHT HOLDER $ 14.25 $15.82 ZY374 1017570 BIANCHI/SAFAR ILA ND LLC BI02 7210 NYLON DUTY BELT $ 30.27 $33.60 BF205 8780 W/ 3 ROLL M Blauer Mfg Co BLAUER RIPSTOP ARMORSKIN W/ 3  ROLL MOLLE $ 73.25 $84.97 BP1036 8370‐BWR 4 XS/SM Blauer Mfg Co BODY WORN BLAUER POLYESTER ARMORSKIN $ 101.00 $117.16 Page 169 Item 7. BP1331 8340 52 LG 30 Blauer Mfg Co BLAUER ARMORSKIN CARRIER POLO $ 76.59 $88.84 FE349 174‐1 11 30 UNIV Blauer Mfg Co ARMORSKIN SUSPENSION SYSTEM $ 39.29 $45.58 FT576 SKA19 11 10 Blauer Mfg Co 9" JOB SOCK (2 PK) $ 19.65 $22.79 FT578 SKS19 11 10 Blauer Mfg Co 9" B COOLPERFORMANCE SOCKS $ 19.65 $22.79 FX332 FW018LT 11 10 M Blauer Mfg Co MENS CLASH LT 8 INCH BOOT $ 151.45 $175.68 FX545 FW016WPCT BLAC Blauer Mfg Co BREACH COMPOSITE TOE  WATERPROOF $ 119.25 $138.33 FX682 FW016LT BLK 10 M Blauer Mfg Co CLASH 6" BOOTS,MENS $ 130.16 $150.99 FX683 FW016LTF BLK 10 Blauer Mfg Co CLASH 6" BOOTS‐FEMALE $ 132.52 $153.72 FX684 FW016WPF BLK 10 Blauer Mfg Co CLASH 6" BOOTS,WTRPRF,FEM $ 137.25 $159.21 GL1012 GL105 XL Blauer Mfg Co STORM TRAFFIC GLOVE $ 33.29 $38.62 GL824 GL102 11 LG REG Blauer Mfg Co THE CLUTCH GLOVE $ 7.76 $9.00 GL829 GL101 11 LG REG Blauer Mfg Co THE FRISK GLOVE $ 22.19 $25.74 HA048 9101 FR BLUE/F Y Blauer Mfg Co GORE‐TEX REVERSIBLE HAT COVER $ 13.10 $15.20 HA101 125 11 Blauer Mfg Co BLAUER WATCH CAP $ 18.94 $21.97 HA567 188 11 30 OS Blauer Mfg Co B.COOL PERFORMANCE CAP $ 11.21 $13.00 HD166 160‐BLK‐REG Blauer Mfg Co KNIT SKULL CAP $ 23.08 $26.77 HD263 182 POLICE BLK OS Blauer Mfg Co STRETCH FITTED CAP $ 11.10 $12.88 HD699 182‐1 BLK POL GLD Blauer Mfg Co EMBROIDERED ADJUSTABLE CAP $ 14.20 $16.47 HD709 186 55 30 OS Blauer Mfg Co HI VIS CAP $ 15.82 $18.35 HD984 BL37 182‐1 BLK OS Blauer Mfg Co BLAUER ADJUSTABLE STRETCH CAP $ 11.21 $13.00 HS130 339 55 30 L‐XL Blauer Mfg Co HI‐VISIBILITY SAFETY VEST $ 42.74 $49.58 HS132 343C 55 30 L‐XL Blauer Mfg Co ZIP FRONT BREAKAWAY SAFETY VST $ 68.38 $79.32 HS228 339C 55 30 L‐XL Blauer Mfg Co VEST SAFETY HI‐VISIBILITY W/STOCK TITLES $ 52.00 $60.32 HW1121 160 11 OVR LOG‐E Blauer Mfg Co BLAUER SKULL CAP W/POLICE EMBROIDERED $ 22.76 $26.40 HW1845 HF9815 11 OVR Blauer Mfg Co DETACHABLE HOOD FOR 9815 $ 29.48 $34.20 HW2530 160‐11 OVR EB102 Blauer Mfg Co BLAUER SKULL CAP W/SHERIFF EMBROIDERED $ 22.76 $26.40 HW866 160 11 30 OS Blauer Mfg Co BLAUER SKULL CAP FLEECE LINED W/BWARM $ 20.17 $23.40 JA039 4650 11 45 L Blauer Mfg Co BLAUER PRO‐3 THERMAL FLEECE  JACKET $ 76.91 $89.22 JA040 6110‐11LARGE Blauer Mfg Co CROSSTECH 3‐IN1 RESPONSE JACKET $ 414.13 $480.39 Page 170 Item 7. JA041 9970 04 LG REG Blauer Mfg Co BLAUER SUPERSHELL JACKET  W/GORETEX $ 337.27 $391.23 JA1198 4605 11 30 L Blauer Mfg Co BLAUER SOFT SHELL FLEECE PULLOVER $ 76.91 $89.22 JA1448 9870V DNYL LG LN Blauer Mfg Co JACKET‐SUPER LIGHT HI‐VIS SHELL $ 242.56 $281.37 JA250 9970V 53 SM REG Blauer Mfg Co SUPERSHELL JACKET W/GORTEX $ 384.55 $446.08 JA293 6110 4 L 45 Blauer Mfg Co LT.WT.BOMBER JKT, INSULATED LINER W/ZIP‐OFF SLEEVES $ 160.92 $186.67 JA333 4670 65 45 L Blauer Mfg Co BLAUER COLORBLOCK SOFTSHELL  FLEECE JACKET $ 150.27 $174.31 JA496 315 11 45 L Blauer Mfg Co I.D. JACKET $ 43.51 $50.47 JA544 9915Z 11 2X REG Blauer Mfg Co BLAUER GORE ‐TEX  IKE‐LENGTH  JACKET $ 302.29 $350.66 JC590 4660 11 45 L Blauer Mfg Co BLAUER SOFTSHELL FLEECE 4660 $ 138.44 $160.59 JC590C 4660FRIS DKNV LG Blauer Mfg Co BLAUER SOFTSHELL FLEECE W/  REFLECTIVE CROSS WALK ACROSS  CHEST $ 150.27 $174.31 JC593 9810Z 4 LG LNG Blauer Mfg Co BLAUER CRUISER JACKET W/B DRY $ 320.29 $371.54 JC594 9820‐60 11 LG REG Blauer Mfg Co BLAUER TACSHELL JKT W/SOFTSHELL  FLEEC $ 315.57 $366.06 JC632 9845 11 LG LNG Blauer Mfg Co GORE‐TEX® EMERGENCY RESPONSE  JACKET $ 296.59 $344.04 JC872 9820 11 LG REG Blauer Mfg Co BLAUER TACSHELL SHELL ONLY $ 253.21 $293.72 JC892 6112 11 30 XL Blauer Mfg Co FLEECE LINED BOMBER JACKET $ 80.09 $92.90 JK008 9815 11 XL REG Blauer Mfg Co SUPERLIGHT PATROL SHELL $ 170.94 $198.29 JK472 4640X 3 45 L Blauer Mfg Co SS‐ZIPOUT JOBSHIRT LINER $ 80.48 $93.36 JK473 4690 4 30 L Blauer Mfg Co NS‐SUPERLOFT JACKET $ 90.85 $105.39 JX035 HF9970 04 MD REG Blauer Mfg Co HOOD FOR BLAUER STYLE 9970 SERIES $ 74.31 $86.20 JX776 6113 55 45 L Blauer Mfg Co BLAUER HI VIS FLEECE LINED BOMBER JACKET $ 110.89 $128.63 JX909 9840 52 LG LNG Blauer Mfg Co CROSSTECH COLOR BLOCK EMGCY REP JACKET $ 381.05 $442.02 JX979 9845Z 04 L TALL Blauer Mfg Co CROSSTECH  3‐IN‐1 RESPONSE JACKET $ 396.38 $459.80 JX980 9845‐50 4 LG LNG Blauer Mfg Co JACKET/9845 WITH 4650 LINER $ 476.19 $552.38 LH779 B003 11 L Blauer Mfg Co GUARDIAN KEEPER BELT $ 22.19 $25.74 RW014 134 11 30 L Blauer Mfg Co BLAUER RAIN PANT W/B DRY FABRIC $ 88.79 $103.00 RW057 233R YLBK LG REG Blauer Mfg Co BDRY REV RAINCOAT CLASS III  UPGRADE & HOOD SNAPS F/123R  HOOD $ 165.48 $191.96 Page 171 Item 7. RW062 123 11 30 L‐XL Blauer Mfg Co BLAUER SNAP ON RAIN HOOD FOR  233R RAINCOAT $ 13.49 $15.65 RW252 BL37 134 11 L TALL Blauer Mfg Co BLAUER RAIN PANT W/B DRY $ 36.62 $42.48 RW253 26991 W/ SNAPS B Blauer Mfg Co BLAUER REVERSIBLE RAINJACKET W/COLLAR SNAPS $ 108.86 $126.28 RW267 107 53 30 UNIV Blauer Mfg Co REVERSIBLE RAIN COVER FOR CAP $ 11.93 $13.84 RW271 26990 53 45 L Blauer Mfg Co REVERSIBLE RAINCOAT $ 122.73 $142.37 RW273 733BL/OR BL/OR 5 Blauer Mfg Co B.DRY® Reversible Raincoat Long w/o Hood Snaps $ 165.48 $191.96 RW289 233R 53 LG LNG Blauer Mfg Co B.DRY REVERSIBLE RAIN JACKET SHORT $ 145.97 $169.33 SG132 8450‐12 11 145 31 Blauer Mfg Co CLASSACT 75/25 POLYWOOL LS SHIRT  W/ FLAT POCKET $ 78.52 $91.08 SG133 8460‐12 04 LG REG Blauer Mfg Co CLASSACT 75/25 POLYWOOL SS SHIRT  W/ F $ 46.61 $54.07 SG149 8471‐3 4 31 L Blauer Mfg Co 100% WOOL LONG SLEEVE BASE SHIRT (LAPD APPROVED)$ 59.33 $68.82 SG201 8781 11 L 31 Blauer Mfg Co LONG SLEEVE B.DU ARMORSKIN BASE SHIRT $ 52.00 $60.32 SG221 8471W 11 30 L Blauer Mfg Co BLAUER WOMENS L/S WOOL BLEND STREETSHIRT $ 59.33 $68.82 SG222 8472W 11 30 L Blauer Mfg Co BLAUER WOMENS S/S WOOL BLEND STREETSHIRT $ 49.23 $57.11 SG650 8600W‐Z‐11‐30‐RE Blauer Mfg Co 8600W‐Z WOMENS LS ZIPPERED POLYESTER SHIRT $ 46.66 $54.13 SG651 8610W‐Z‐11 30 RE Blauer Mfg Co 8610W‐Z  WOMENS SS ZIPPERED POLYESTER SHIRT $ 34.40 $39.90 SG935 8450W 11 30 30 Blauer Mfg Co BLAUER WOMENS CLASSACT 75/25 POLYWOOL LS SHIRT $ 78.52 $91.08 SH035 8600‐Z BLK 145 31 Blauer Mfg Co BLAUER CLASS ACT ZIPPERED POLY L/S SHIRT $ 46.66 $54.13 SH036 8610‐Z 11 SM REG Blauer Mfg Co BLAUER 100% POLYESTER S/S SHIRT W/ZIPPER $ 42.40 $49.18 SH1593 8134W 11 LG REG Blauer Mfg Co WOMEN'S B COOL PERFORMANCE PRO POLO SHIRT $ 42.59 $49.40 SH1598 8144 11 45 L Blauer Mfg Co L/S PERFORMANCE PRO POLO SHIRT $ 45.84 $53.17 SH1650 8165 4 45 L Blauer Mfg Co BLAUER L/S PERFORMANCE PATROL  POLO $ 65.82 $76.35 SH1658 8436W‐1 4 30 28 Blauer Mfg Co WMNS LS WOOL BLEND SUPER SHIRT  W/ FLAT PKTS $ 85.87 $99.61 SH1659 8446W‐1 4 30 30 Blauer Mfg Co BLAUER WMNS S/S SUPERSHIRT W/  FLAT PKTS $ 75.45 $87.52 Page 172 Item 7. SH444 8460W 11 28 Blauer Mfg Co BLAUER WOMEN CLASSACT 75/25  WOOL S/S SHIRT $ 71.26 $82.66 SH448 8713BKLTL Blauer Mfg Co BLAUER MENS STREETGEAR S/S  UNIFORM SHIRT $ 49.33 $57.22 SH733 8421 4 30 14.5 Blauer Mfg Co SHORT SLEEVE COTTON BLEND SHIRT $ 42.59 $49.40 SH734 8431 004 145 33 Blauer Mfg Co BLAUER LONG SLEEVE COTTON BLEND SHIRT $ 35.51 $41.19 SH737 8421W 4 30 30 Blauer Mfg Co LADIES SHORT SLEEVE COTTON BLEND SHIRT $ 42.59 $49.40 SH738 8431W 4 30 30 Blauer Mfg Co LONG SLEEVE COTTON BLEND  WOMEN'S SHIRT $ 50.88 $59.02 SJ417 8160 11 LG TALL Blauer Mfg Co BLAUER PERFORMANCE PATROL POLO $ 60.50 $70.18 SM170 8143 65 45 L Blauer Mfg Co COLORBLOCK PERFORMANCE L/S  POLO $ 76.59 $88.84 SM171 8149 011 2X LNG Blauer Mfg Co B.COOL PERFORMANCE L/S POLO $ 47.14 $54.68 SM854 8139W FBL LG Blauer Mfg Co WOMEN'S B.COOL® PERFORMANCE  POLO SHIRT $ 36.23 $42.03 SP009 FW016WP10M Blauer Mfg Co BLAUER MENS 6 CLASH WP BOOT $ 168.19 $195.10 SP009W FW016WP W10 RE Blauer Mfg Co BLAUER WOMENS 6 CLASH WP BOOT $ 119.25 $138.33 SP010 FW028WP10M Blauer Mfg Co BLAUER 8 BLITZ WP BOOT $ 183.39 $212.73 SQ219 228 BLK SM REG Blauer Mfg Co FLEECE LINED QUARTER ZIP SWEATER $ 116.78 $135.46 SR043 8135 04 SM 30 Blauer Mfg Co SHORT SLEEVE BICOMPONENT  ZIPPERED SH $ 15.53 $18.01 SR044 8141‐1 4 40 L Blauer Mfg Co LONG SLEEVE POLO SHIRT ‐B‐DRY $ 49.69 $57.64 SR110 8371 11 LG 31 Blauer Mfg Co BLAUER L/S POLY ARMORSKIN BASE  SHIRT $ 43.97 $51.01 SR113 8371W 11 30 L Blauer Mfg Co BLAUER LADIES L/S POLY ARMORSKIN BASE SHIRT $ 43.97 $51.01 SR114 8372 11 LG LNG Blauer Mfg Co Short Sleeve Polyester ArmorSkin®  Base Shirt $ 39.54 $45.87 ST006 225 11 45 L Blauer Mfg Co BLAUER FLEECE LINED V ‐NECK  SWEATER $ 110.03 $127.63 ST043 8133 65 30 L Blauer Mfg Co BLAUER COLORBLOCK PERFORMANCE  POLO WITH OPTIONAL NRF 3.5IN TITLE $ 61.27 $71.07 ST463 811011 BLACK L TA Blauer Mfg Co BLAUER STREETGEAR MOCK  TURTLENECK $ 28.66 $33.25 ST464 8131‐1 11 30 L Blauer Mfg Co BLAUER BI‐COMPONENT KNIT POLO  SHIRT NO POCKET $ 42.59 $49.40 ST834 8137 55 30 L Blauer Mfg Co HI‐VIS POLO SHIRT ANSI CERTIFIED $ 70.55 $81.84 Page 173 Item 7. ST992 228 11 45 L Blauer Mfg Co FLEECE LINED QUARTER ZIP SWEATER $ 98.48 $114.24 SW009 8140‐04LRG/TALL Blauer Mfg Co BLAUER L/S STREET GEAR POLO SHIRT $ 52.16 $60.51 SW019 8130 11 MD REG Blauer Mfg Co BLAUER S/S STREETGEAR KNIT  UNIFORM SHIRT $ 56.23 $65.23 SW088 4630X 3 45 L Blauer Mfg Co JOB SHIRT W/BXDRY 80/20  COTTON/POLY FLEECE $ 85.78 $99.50 SW1598 8134 11 LG 30 Blauer Mfg Co PERFORMANCE PRO POLO SHIRT $ 53.25 $61.77 SW1612 8731 11 L 30 Blauer Mfg Co BLAUER TENX L/S BDU SHIRT $ 53.17 $61.68 SW1614 8741 11 30 L Blauer Mfg Co BLAUER TENX S/S BDU SHIRT $ 48.51 $56.27 SW1869 8136W DKNV MD R Blauer Mfg Co SHIRT WOMENS KNIT S/S PIQUE $ 39.05 $45.30 TJ228 8822Z 11 28 REG Blauer Mfg Co FLEXTECH ZIP‐OFF BIKE PANTS $ 98.57 $114.34 TJ378 8835W 11 02 OB Blauer Mfg Co BLAUER OPERATIONAL TROUSERS  WOMEN $ 16.64 $19.30 TL041 8836‐11 28 OB Blauer Mfg Co BLAUER TENX TACTICAL PANTS $ 63.89 $74.11 TL183 8650T 38 / T4993‐P Blauer Mfg Co BLAUER 4PKT POLY TROUSER W/T4993 P0824 GREY STRIP $ 86.21 $100.00 TL184 8650WT 38 / T499 Blauer Mfg Co BLAUER 4PKT POLY FEMALE TROUSER W/T4993 P0824 GREY STRIP $ 86.21 $100.00 TL187 8554W DKNV 00 O Blauer Mfg Co LADIES 4 PCKT 75/25 P/W $ 82.42 $95.61 TR045 8821X NAVY 26 Blauer Mfg Co BLAUER TROUSERS NO ‐SIDE POCKETS $ 65.67 $76.18 TR049 88421152 Blauer Mfg Co BLAUER STRETCH BICYCLE SHORTS $ 75.20 $87.23 TR1066 8831 11 28 38U Blauer Mfg Co BLAUER TENX BDU PANTS $ 52.78 $61.22 TR1071 8845 04 28 Blauer Mfg Co OPERATIONAL MENS SHORT $ 55.66 $64.57 TR1072 8845W 04 10 Blauer Mfg Co OPERATIONAL WOMENS SHORT $ 53.04 $61.53 TR1195 8836W 11 00 36U Blauer Mfg Co BLAUER TENX WOMENS TACTICAL  PANTS $ 63.89 $74.11 TR1382 8846 04 28 Blauer Mfg Co SHORTS TENX TACTICAL $ 55.61 $64.51 TR1645 8846W 04 0 Blauer Mfg Co SHORTS TENX TACTICAL WOMENS $ 55.61 $64.51 TR2058 8560T 11 28 30 Blauer Mfg Co BLAUER MEN'S 4 ‐PKT WOOL BLEND TROUSERS W/TUNNEL WAISTBAND $ 79.92 $92.71 TR2063 8560WT 11 30 10 Blauer Mfg Co WOMEN'S 4‐PKT WOOL BLEND  TROUSERS W/TUNNEL WAISTBAND $ 81.03 $93.99 TR408 8835‐11‐28 OB Blauer Mfg Co BLAUER MEN'S OPERATIONAL  TROUSERS $ 16.64 $19.30 Page 174 Item 7. TR975 8810X 11 28 OB Blauer Mfg Co BLAUER  STREETGEAR SIDE POCKET TROUSER $ 76.91 $89.22 TT055 8840X0432 Blauer Mfg Co MENS SIDE POCKET COTTON BLEND  SHORT $ 68.95 $79.98 TT056 8840WX 04 02 Blauer Mfg Co WOMENS SIDE POCKET COTTON  BLEND SH $ 65.67 $76.18 TT638 8657W 11 08R Blauer Mfg Co WOMENS POLY PANT W HIDDEN PKT $ 25.52 $29.60 TT640 8823W‐11 10 OB Blauer Mfg Co BLAUER WOMENS FLEXFORCE  TACTICAL PANTS W/TUNNEL WAIST $ 91.11 $105.69 TU200 8567W BLK 02 OB Blauer Mfg Co BLAUER  WOMENS 6‐POCKET POLY  WOOL TROUSER $ 43.28 $50.20 TU310 8565‐11 32 OB Blauer Mfg Co BLAUER POLY/WOOL SIDE ‐POCKET TROUSER $ 100.12 $116.14 TU312 8560 11 28 OB Blauer Mfg Co BLAUER CLASSACT PANT 75/25 POLY/WOOL SERGE 4 POCKET $ 55.49 $64.37 TU313 8560W 11 04 OB Blauer Mfg Co BLAUER CLASSACT 75/25 FEMALE  WOOL TR $ 55.49 $64.37 TU317 8650‐11 28 OB Blauer Mfg Co BLAUER 100% POLY TWILL TROUSER $ 21.08 $24.45 TU318 8655 11 28 OB Blauer Mfg Co BLAUER SIDE POCKET TROUSER $ 25.52 $29.60 TU319 8655W‐BK2R Blauer Mfg Co BLAUER WMNS SIDE PKT POLY  TROUSER $ 25.52 $29.60 TU565 8565W 11 00 REG Blauer Mfg Co BLAUER WOMENS POLY/WOOL SIDE ‐ POCKET TROUSER $ 100.12 $116.14 TU768 8657 11 33 OB Blauer Mfg Co 6 POCKET POLYESTER TROUSER $ 25.52 $29.60 TU803 8823 11 28 OB Blauer Mfg Co BLAUER MENS TACTICAL TROUSER W/TUNNEL WAISTBAND $ 85.47 $99.15 TU808 8200N 35 REG Blauer Mfg Co 4 POCKET NOMEX TROUSERS $ 130.08 $150.89 UA1087 8843 011 LG Blauer Mfg Co BLAUER PADDED COMPRESSION BIKE SHORTS $ 36.96 $42.87 UA1673 8008 11 30 L Blauer Mfg Co QUICKDRY BOXER BRIEFS $ 15.82 $18.35 UB211 8006 11 30 L Blauer Mfg Co BOXER BRIEFS $ 15.82 $18.35 UN251 8120X 11 30 L Blauer Mfg Co SHIRT COMPRESSION T SHIRT $ 27.36 $31.74 BP1038 8470‐BWRSKIN 11 BLAUER MFG  CO ‐ QUOTED ITEMS BODY WORN BLAUER ARMORSKIN  WOOL BLEND $ 92.91 $107.78 JA1104 6120‐BWR GP‐11 L BLAUER MFG  CO ‐ QUOTED ITEMS BODY WORN BLAUER B ‐DRY 3‐SEASON GLD P BTNS DUTY JACKET W/OUT PILE  COLLAR $ 145.79 $169.12 SH1221 8670‐BWR 9 145 3 BLAUER MFG  CO ‐ QUOTED ITEMS BODY WORN BLAUER SUPER SHIRT L/S POLY SHIRT $ 56.72 $65.80 Page 175 Item 7. SH1222 8675‐BWR 11 LG L BLAUER MFG  CO ‐ QUOTED ITEMS BODY WORN BLAUER SUPER SHIRT  100% POLY S/S SHIRT $ 52.04 $60.37 SH1811 8472 SUNY 165 LN BLAUER MFG  CO ‐ QUOTED ITEMS BLAUER S/S  CUSTOM COLOR WOOL BLEND STREETSHIRT $ 49.23 $57.11 SH2422 8675W‐BWR 50 30 BLAUER MFG  CO ‐ QUOTED ITEMS WOMENS CSPD 8675 S/S SHIRT W/  BWR AND CSPD SHOULDER PATCHES $ 52.04 $60.37 SH2423 8670W BWR 50 30 BLAUER MFG  CO ‐ QUOTED ITEMS WOMENS CSPD 8675 L/S SHIRT W/  BWR AND CSPD SHOULDER PATCHES $ 56.72 $65.80 SW086 8139 11 LG REG BLAUER MFG  CO ‐ QUOTED ITEMS NJ DOC B COOL PERFORMANCE POLO SHIRT $ 41.09 $47.66 TR1287 8567‐2 PTN 28 OB BLAUER MFG  CO ‐ QUOTED ITEMS MENS 6 PKT WOOL BLEND TROUSER  W/ 1 INCH BROWN STRIPING $ 91.01 $105.57 SM281 8136‐04 LG Blauer Mfg Co  #1 ‐ Lexington 100 COTTON S/S POLO SHIRT $ 23.30 $27.03 LR213 BL6606‐3‐24 BOSTON  LEATHER INC 1‐1/2IN LEATHER GARRISON BELT $ 19.70 $20.69 JS1017 CNB3NV‐RG‐L BULWARK (WWOF)NOMEX IIIA 4.5 OZ PREMIUM $ 199.08 $218.99 NP200 70941 MIRAGE ULTRA DUTY BELT $ 41.86 $43.95 RC034 88806 UNCLE MIKES UNIVERSAL RADIO CASE  W/ SWIVEL $ 26.73 $28.07 JS185 101017‐410 34 FR TRADITIONAL TWILL COVERALL $ 104.36 $109.58 Page 176 Item 7. ST288C ST673A  ST673C TS2437  TS2438 TS2439  TS2440 TS306Z Classic Cap & ST288 NAV W/156  Embroidery Classic Cap & ST673 NAV  W/153  Embroidery Classic Cap & ST673 NAV  W/155  Embroidery Classic Cap & TS587 FNAV  W/15  Embroidery Classic Cap & TS587 FNAV  W/15  Embroidery Classic Cap & TS585 FNAV  W/15  Embroidery Classic Cap & TS585 FNAV  W/15  Embroidery Classic Cap & TS306 NAV  W/155  Embroidery Classic Cap & FRISCO FD OPEN BOTTOM  SWEATPANT W/ 23.75 FRISCO FD CREWNECK SWEATSHIRT  W/153 23.00 FRISCO FD CREWNECK SWEATSHIRT  W/155 25.87 FRISCO FIRE DEPT S/S PROFESSIONAL  TEE W 22.51 FRISCO FIRE DEPT S/S PROFESSIONAL  TEE W 25.37 FRISCO FIRE DEPT L/S PROFESSIONAL  TEE W 26.25 FRISCO FIRE DEPT L/S PROFESSIONAL  TEE W 29.12 FRISCO FIRE DEPT GILDAN ULTRA  COTTON L 17.60 $                   24.70 $                   23.92 $                   26.90 $                   23.41 $                   26.38 $                   27.30 $                   30.28 $                   18.30 $                25.93 $                    25.11 $                    28.24 $                    24.58 $                    27.69 $                    28.66 $                    31.79 $                   19.21 TS691Z TS691 NAV W/155 Embroidery FRISCO FIRE DEPT GILDAN COTTON T  SHIRT $ 14.98 $15.73 BP165 MOPC‐002 Condor  Outdoor Products Inc CONDOR MODULAR OPERATOR PLATE CARRIER $ 57.19 $60.05 LH019 402ABW‐BRA28 COURTLAND  BOOT JACK CO. SAM BROWNE BELT $ 57.88 $60.77 LH321 MPNYCXBW  BW‐B COURTLAND  BOOT JACK CO. CLARINO DOUBLE MAG POUCH 40 CAL $ 43.63 $45.81 LR590 407C‐BRS COURTLAND  BOOT JACK CO. HANDCUFF CASE ‐CLARINO $ 30.63 $32.16 LR848 S4428 BRS COURTLAND  BOOT JACK CO. SHOULDER STRAP SLIDING D RING  (PAIR)$ 13.78 $14.47 LR857 1435BW BLK 32/34 COURTLAND  BOOT JACK CO. 1 1/4" SHOULDER STRAP ‐ UNLINED $ 36.39 $38.21 FW290 28010 10 D Danner, Inc. CTA BELT LOOP APPLICATION $ 151.89 $159.48 SP285 21210 10 B Danner, Inc. MENS 8IN BLACK KINETIC GORE ‐TEX  WP BOOT $ 331.93 $348.53 ZH744 21210 10 M Danner, Inc.ACADIA NONINSULATED GORETEX  BOOTS $ 331.93 $348.53 CX184 H507 DAVIS &  STANTON 21210 WOMENS ACADIA NON  INSULATED BOOT $ 15.08 $15.83 CX199 M112 DAVIS &  STANTON COMMEND BAR INSTRUCTOR BLK/GLD DAVIS & STANTON $ 11.43 $12.00 DEFENSE TECH/SAFARILA ND M112 TACTICAL SQUAD  COMMENDATION SD033 1011750 LLC. BAR $ 10.45 $10.97 Page 177 Item 7. SD085 1011715 DEFENSE TECH/SAFARILA ND LLC.MKIII INERT TRAINING UNIT $ 12.38 $13.00 SD131 1013265 DEFENSE TECH/SAFARILA ND LLC.MK3 FIRST DEFENSE PEPPER 10 $ 12.71 $13.35 SD312 1012574 DEFENSE TECH/SAFARILA ND LLC.FIRST DEFENSE STREAM X2 MK3 $ 12.65 $13.28 Dehner Boot Co FIRST DEFENSE CLASSIC MK ‐3 STREAM, FT045 DEHCORD‐VOYAGE Inc 1.3% $800.79 $807.50 FT639/ FT643/  FT675 Dehner Boot Co DRESSPATROL ‐DEH Inc Dehner Boot Co BAL‐LACED W/  REGInc Dehner Boot Co DRESS PATROLCAL  Inc DEHNER DEHCORD ‐VOYAGER  CUSTOM BOOT STOCK BOOT BLACK DRESS INSTEP  PATROL DEHNER BOOT CO DEHNER STOCK BAL‐LACED PATROL  BOOT $530.39 $791.63 $1,008.79 556.91 $831.21 $1,059.23 LA079 LA079 Dehner Boot Co Inc DRESS PATROL BOOT CALFSKIN $ 46.79 $49.13 JA060 6124BK‐RG‐XL Dickies  (WWOF) DEHNER ADD VIBRAM SOLES $ 49.46 $57.37 JA933 TJ55BK‐RG‐L Dickies  (WWOF) DICKIES DIAMOND QUILTED NYLON JACKET $ 38.11 $44.21 SJ662 L5350B‐RG‐L Dickies  (WWOF) DICKIES LINED EISENHOWER JACKET $ 19.43 $22.54 ST285 5574BK‐TL‐L Dickies  (WWOF) WOMENS INDUSTRIAL L/S WORK  SHIRT $ 22.71 $26.34 ST286 2574BK‐RG‐L Dickies  (WWOF) MENS 65/35 POLY/COT DICKIES L/S  WORK SHIRT $ 20.15 $23.37 SW157 FS57BK‐RG‐L Dickies  (WWOF) DICKIES SHORT SLEEVE WORK SHIRT $ 22.71 $26.34 TR031 XFP74BK‐8‐28 Dickies  (WWOF) WOMENS SS WORK SHIRT $ 24.97 $28.97 TR087 WP59BK‐30‐30 Dickies  (WWOF) WOMENS 65/35 POLY/COT TWILL  WORK PANT $ 33.70 $39.09 TR985 8528BK‐28‐30 Dickies  (WWOF) DICKIES RELAXED FIT STRAIGHT LEG CARGO WORK PANT $ 32.19 $37.34 TU167 LP92BK‐28‐37U Dickies  (WWOF) DOUBLE KNEE WORK PANT $ 20.71 $24.02 TU172 P874BK‐28‐37U Dickies  (WWOF)DICKIES INDUSTRIAL FLAT FRONT PANT $ 24.97 $28.97 ZN941 H740‐SH‐CL‐RH‐36 DON HUME LEATHERGOOD S DICKIES ORIGINAL 874 INDUSTRIAL  WORK PANT $ 155.99 $163.79 BD507 5301 DUTYMAN INC H740‐SH LEVEL II SECURITY HOLSTER $ 9.35 $10.38 LP839 1522‐28‐BRS DUTYMAN INC OVAL BADGE HOLDER $ 19.92 $22.11 LP991 1521T BRS 24 DUTYMAN INC 1 1/2 GARRISON BELT $ 22.36 $24.82 Page 178 Item 7. TU061 8519 010 0 UL EDWARDS GARMENT CO 1 1/2 GARRISON BELT THICK LEATHER $ 72.46 $76.08 HW935 M0322 EISEMAN‐LUD MAR CO INC EDWARDS WOMENS CASUAL FLAT  FRONT PANTS $ 7.54 $7.92 UA8100 B/2605G C GLD EISEMAN‐LUD MAR CO INC CAP BAND ‐SNAKE $ 18.72 $19.66 BF062 V3110B 07425 LG R Elbeco Incorporated 1 1/8 IN NAVY LINE STARS BULLION ON BLACK FELT $ 126.79 $142.00 JA108 DC13800 36 SHT Elbeco Incorporated BODYSHIELD UNIFORM SHIRT CARRIER W/WELT POCKETS $ 122.89 $137.64 JA1213 SH3800 LG LNG Elbeco Incorporated SGL BRST 4 PKT POLY BLAZER SIL FD BUTTONS $ 138.82 $155.48 JX009 SH3200 LG LNG Elbeco Incorporated SHIELD GENESIS JACKET $ 190.01 $212.81 JX012 SH3500 LG LNG Elbeco Incorporated SHIELD DUTY JACKET $ 111.47 $124.85 SG084 P834 LG REG Elbeco Incorporated SHIELD PERFORMANCE SOFTSHELL $ 56.49 $63.27 SG732 K5213 RB/NB LG Elbeco Incorporated IL DOC S/S SHIRT WMETAL EYEL BT & NAMEPLATE EYEL $ 55.54 $62.20 SG733 K5223 RB/NB LG Elbeco Incorporated ELBECO UFX ULTRA ‐LIGHT TACTICAL SHORT SLEEVE COLOR BLOCK POLO $ 65.37 $73.21 SG734 K5216 HI VIS LG Elbeco Incorporated ELBECO UFX ULTRA ‐LIGHT TACTICAL  LONG SLEEVE COLOR BLOCK POLO $ 73.45 $82.26 SG735 K5226 HI VIS LG Elbeco Incorporated ELBECO UFX ULTRA ‐LIGHT TACTICAL SHORT SLEEVE HIVIS POLO $ 81.70 $91.50 SG908 841N 145 33 Elbeco Incorporated ELBECO UFX ULTRA ‐LIGHT TACTICAL  LONG SLEEVE HIVIS POLO $ 66.22 $74.17 SG916 9340LCN 30 Elbeco Incorporated DISTINCTION MENS L/S SHIRT $ 72.77 $81.50 SG917 9840LCN 30 Elbeco Incorporated DISTINCTION LADIES L/S SHIRT $ 66.22 $74.17 SG921 UVS151 13.5/33 Elbeco Incorporated DISTINCTION LADIES S/S SHIRT $ 73.45 $82.26 SH095 P878 145 3233 Elbeco Incorporated DISTINCTION MENS UNDERVEST L/S  SHIRT $ 43.97 $49.25 SR585 K5141 LG Elbeco Incorporated MENS PARAGON PLUS LS POLY/COT  SHIRT $ 44.86 $50.24 SR750 P802LC 28 Elbeco Incorporated UFX TACTICAL L/S KNIT SHIRT $ 55.40 $62.05 ST206 K5181LC LG Elbeco Incorporated LADIES CHOICE LS PARAGON PLUS  SHIRT $ 44.86 $50.24 SW672 K5131 LG Elbeco Incorporated WOMENS UFX L/S POLO SHIRT $ 40.51 $45.37 TR036 E490R 28 OB Elbeco Incorporated UFX TACT KNIT S/S SHIRT $ 90.68 $101.56 Page 179 Item 7. TR037 E4030R 28 OB Elbeco Incorporated DISTINCTION MENS FOUR POCKET TROUSER $ 100.01 $112.01 TR038 E440R BLK 28 OB Elbeco Incorporated DISTINCTION MENS CARGO POCKET TROUSER $ 96.56 $108.15 TR060 E9494LCN 02 OB Elbeco Incorporated DISTINCTION MENS HIDDEN CARGO POCKET TROUSER $ 90.68 $101.56 TR063 E4031LCN 02 OB Elbeco Incorporated DISTINCTION LADIES CHOICE 4 POCKET TROUSER $ 100.01 $112.01 TR105 E894129 Elbeco Incorporated DISTINCTION LADIES CHOICE CARGO POCKET TROUSER $ 39.54 $44.28 TR596 E9314LC DKNV 12 Elbeco Incorporated MENS TOP AUTHORITY TROUSER $ 66.32 $74.28 TT755 D/C E9444LC 08 OB Elbeco Incorporated LADIES CHOICE TEXTROP TROUSERS $ 67.79 $75.92 TU610 E320RN 28 OB Elbeco Incorporated WOMENS HIDDEN CARGO PANT $ 50.24 $56.27 TU611 E9320LC 02 OB Elbeco Incorporated MENS TEX TROP2 UNIFORM TROUSERS $ 49.72 $55.69 ZA2264 K5142 TAN 2X z Elbeco Incorporated WOMENS TEXTROP2 4 POCKET  TROUSERS $ 46.30 $51.86 EM040 E10‐3021B‐BLK (H OEleven 10 LLC UFX L/S TACTICAL SHIRT $ 30.44 $31.96 EW197 740‐0007 EYE SAFETY SYSTEMS RIGID GEN 7 CAT TQ CASE $ 68.24 $71.65 UA1835 FCGI ICE TACTICAL KIT $ 8.93 $9.38 BP1272 F1 FC1000VC 10 LA FECHHEIMER BROTHERS  UNIFORM CO SUSPENDER ‐ADJUSTABLE BUTTON 48"$ 64.95 $71.45 BP1420 F1 FX5140VC 10 LA FECHHEIMER BROTHERS  UNIFORM CO AEROSHELL 100% POLYESTER ARMOR  CARRIER $ 93.96 $103.36 JA820 F1 54100A 10 LAR FECHHEIMER BROTHERS GUNIFORM CO CROSSFX CLASS B POLY/COTTON  RIPSTOP AEROSHELL $ 122.74 $135.01 JA843 F1 59130WP 10 LA FECHHEIMER BROTHERS  UNIFORM CO SOFT SHELL JACKET $ 148.50 $163.35 JX657 F1 34891 86 34 RE FECHHEIMER BROTHERS  UNIFORM CO WATERPROOF DUTY JACKET W/LINER  & SIL P BUTTONS $ 345.03 $379.53 JX762 F1 55100A 10 LAR FECHHEIMER BROTHERS GUNIFORM CO MENS SINGLE BREASTED 4 BUTTON  P/W COAT W/BUTTON CHOICE $ 120.18 $132.20 JX765 F1 73160A 10 LAR FECHHEIMER BROTHERS GUNIFORM CO ENDURANCE INSULATED BASE LAYER  JACKET ‐ 100% POLYESTER $ 146.94 $161.63 SG239 FECHHEIMER BROTHERS  UNIFORM CO ENDURANCE ANSI CERTIFIED  REVERSIBLE JACKET W/SIL P BTNS $ 59.24 $65.16 SG240 FECHHEIMER BROTHERS  UNIFORM CO WOMENS POWER STRETCH POLY LS  SHIRT $ 53.13 $58.44 Page 180 Item 7. SG928 F1 85VS78 10 LARG FECHHEIMER BROTHERS  UNIFORM CO WOMENS POWER STRETCH POLY S/S  SHIRT $ 40.64 $44.70 SG938 F1 35VS78 10 LARG FECHHEIMER BROTHERS  UNIFORM CO HYBRID PERFORMANCE SHIRT ‐ 100%  POLYESTER MENS SHIRT SS $ 45.35 $49.89 SG939 F1 05VS84 86 LARG FECHHEIMER BROTHERS  UNIFORM CO HYBRID PERFORMANCE SHIRT ‐ 100%  POLYESTER MENS SHIRT LS $ 60.80 $66.88 SG940 F1 55VS84 86 LARG FECHHEIMER BROTHERS  UNIFORM CO HYBRID PERFORMANCE POLY/WOOL  MENS L/S SHIRTS $ 50.72 $55.79 SH018 35W54 35 14.0/14 FECHHEIMER BROTHERS  UNIFORM CO MENS HYBRID PERFORMANCE 75/25  P/W S/S SHIRT $ 52.53 $57.78 SH020 F1 85R54 35 14.0/1 FECHHEIMER BROTHERS  UNIFORM CO MENS L/S DAC/COTTON SHIRT $ 40.59 $44.65 SH042 F1 UD12020 86 14. FECHHEIMER BROTHERS  UNIFORM CO MENS FLYING CROSS SS UNIFORM  SHIRT $ 47.25 $51.98 SH043 F1 UD12000 86 14. FECHHEIMER BROTHERS  UNIFORM CO MENS L/S URBAN DEFENDER  POLYESTER ZIPPER SHIRT $ 43.67 $48.04 SH044 F1 UD12030 86 30 FECHHEIMER BROTHERS  UNIFORM CO MENS S/S URBAN DEFENDER  POLYESTER ZIPPER SHIRT $ 47.25 $51.98 SH045 F1 UD12010 86 30 FECHHEIMER BROTHERS  UNIFORM CO WOMENS L/S URBAN DEFENDER POLY  ZIPPER SHIRT $ 43.67 $48.04 SH078 FECHHEIMER BROTHERS  UNIFORM CO WOMENS S/S URBAN DEFENDER POLY  ZIPPER SHIRT $ 53.13 $58.44 SH083 F1 42W78Z 86 14.5 FECHHEIMER BROTHERS  UNIFORM CO Power Stretch Command 100% Poly  Men's Short S/S w/Zipper $ 59.24 $65.16 SH848 F1 42W84Z 86 14.5 FECHHEIMER BROTHERS  UNIFORM CO POWER STRETCH POLY LS SHIRT $ 88.36 $97.20 SH919 F1 92R84Z 86 LARG FECHHEIMER BROTHERS  UNIFORM CO MENS POWER STRETCH POLY/WOOL  LS SHIRT $ 77.27 $85.00 SH929 F1 85R58 10 LARGE FECHHEIMER BROTHERS  UNIFORM CO POWER STRETCH DUTY MENS S/S  SHIRT W/ZIPPER $ 49.77 $54.75 SJ404 F1 FX5100 10 LARG FECHHEIMER BROTHERS  UNIFORM CO Men's Valor S/S 65 POLY/35 COTTON $ 49.60 $54.56 SJ406 F1 FX5120 10 LARG FECHHEIMER BROTHERS  UNIFORM CO CROSS FX CLASS B POLY/COTTON  RIPSTOP S/S SHIRT $ 49.60 $54.56 SJ553 F1 FX5000VS 10 LA FECHHEIMER BROTHERS  UNIFORM CO CROSS FX CLASS B POLY/COTTON  RIPSTOP L/S SHIRT $ 47.04 $51.74 SJ554 F1 FX5020VS 10 LA FECHHEIMER BROTHERS  UNIFORM CO CROSSFX ‐ MENS  65%POLY/35%COTTON RIPSTOP S/S  HYBRID SHIRT $ 52.47 $57.72 Page 181 Item 7. SR321 F1 192R84Z 86 30 FECHHEIMER BROTHERS  UNIFORM CO CROSSFX ‐ HYBRID MENS  65%POLY/35%COTTON RIPSTOP L/S  SHIRT $ 77.27 $85.00 SR323 F1 142R84Z 86 28 L FECHHEIMER BROTHERS  UNIFORM CO WOMENS POWER STRETCH  POLY/WOOL $ 88.47 $97.32 SR376 F1 157R84 86 30 FECHHEIMER BROTHERS  UNIFORM CO WOMENS POWER STRETCH  POLY/WOOL LS SHIRT $ 80.07 $88.08 SR383 F1 107W84 86 30 L FECHHEIMER BROTHERS  UNIFORM CO FEMALE S/S 75% POLY /25% WOOL  SHIRT $ 84.07 $92.48 SR619 F1 55R84 10 14.0/1 FECHHEIMER BROTHERS  UNIFORM CO FEMALE L/S 75% POLY /25% WOOL $ 72.68 $79.95 SR620 F1 05W84 10 14.0/ FECHHEIMER BROTHERS  UNIFORM CO MENS SS 75/25 POLY WOOL ZIP FRONT  SHIRT $ 80.07 $88.08 SR621 F1 1557R84Z 10 30 FECHHEIMER BROTHERS  UNIFORM CO MENS LS 75/25 POLY WOOL ZIP FRONT  SHIRT $ 72.68 $79.95 SR729 F1 105W84 10 32 L FECHHEIMER BROTHERS  UNIFORM CO WOMENS SS 75/25 POLY WOOL SHIRT  WITH ZIPPER $ 84.07 $92.48 ST315 F1 790 10 LARGE FECHHEIMER BROTHERS  UNIFORM CO WOMENS L/S 75/25 POLY WOOL  BLEND UN $ 96.88 $106.57 ST324 F1 740 10 LARGE FECHHEIMER BROTHERS  UNIFORM CO FLEECE LINED V‐NECK COMMANDO  SWEATER $ 113.42 $124.76 SW863 F1 52600 86 LARGE FECHHEIMER BROTHERS  UNIFORM CO FLEECE LINED 1/4 ZIP COMMANDO  SWEATER $ 33.15 $36.47 SW903 F1 720 10 LARGE FECHHEIMER BROTHERS  UNIFORM CO L/S MOCK TURTLENECK $ 75.22 $82.74 TJ260 F1 FX57300 10 28 FECHHEIMER BROTHERS RUNIFORM CO JERSEY KNIT UNLINED COMMAND  SWEATER $ 54.08 $59.49 TJ261 F1 FX57300W 10 0 FECHHEIMER BROTHERS  UNIFORM CO CROSS FX CLASS B POLY/COTTON  RIPSTOP CARGO PANT $ 54.08 $59.49 TL127 F1 47780W 86 02 R FECHHEIMER BROTHERS  UNIFORM CO CROSS FX WOMENS CLASS B  POLY/COTTON RIPSTOP CARGO PANT $ 99.56 $109.52 TL150 F1 47780 86 28 RE FECHHEIMER BROTHERS  UNIFORM CO WOMENS 75/25 POLY WOOL TROUSER  W/ CARGO PKT $ 92.39 $101.63 TR082 F1 3900 10 26 REG FECHHEIMER BROTHERS  UNIFORM CO 75/25 P/W INSIDE CARGO PANTS $ 48.15 $52.97 TR083 F1 3900W 10 02 RE FECHHEIMER BROTHERS  UNIFORM CO MENS POLYESTER TROUSERS $ 48.15 $52.97 TR1311 F1 37100 10 28 RE FECHHEIMER BROTHERS  UNIFORM CO LADIES POLYESTER TROUSERS $ 61.59 $67.75 Page 182 Item 7. TR1312 F1 37100W 10 02 FECHHEIMER BROTHERS  UNIFORM CO MENS HIDDEN CARGO POCKET PANTS $ 61.59 $67.75 TR152 F1 34291 86 29 OB FECHHEIMER BROTHERS  UNIFORM CO WOMENS HIDDEN CARGO POCKET  PANT $ 69.43 $76.37 TR153 F1 32275W 05 02 FECHHEIMER BROTHERS  UNIFORM CO MENS 55/45 POLY/WOOL DRESS  TROUSERS $ 91.93 $101.12 TR2385 F1 37291 86 28 RE FECHHEIMER BROTHERS  UNIFORM CO WOMENS 55/45 POLY/WOOL DRESS  TROUSERS $ 97.18 $106.90 TR623 F1 39900 86 28 RE FECHHEIMER BROTHERS  UNIFORM CO MENS 55/45 POLY/WOOL DRESS  TROUSERS $ 63.04 $69.34 TR624 F1 39900W 86 02 R FECHHEIMER BROTHERS  UNIFORM CO MENS POLYESTER TROUSERS WITH  CARGO POCKET $ 63.04 $69.34 TR650 D/C F1 47400 10 3 FECHHEIMER BROTHERS  UNIFORM CO 100% POLYESTER WOMENS TROUSERS  WITH CARGO POCKET $ 57.44 $63.18 TR652 F1 47300 10 28 RE FECHHEIMER BROTHERS  UNIFORM CO MENS P/C TWILL TROUSERS W/FLEX  WAISTBAND $ 76.55 $84.21 TR677 F1 47280 10 28 RE FECHHEIMER BROTHERS  UNIFORM CO COMMAND WEAR CARGO POCKET  TACTICAL PANT W/FREEDOM FLEX $ 87.68 $96.45 TR678 X1 X47291‐01 10 0 FECHHEIMER BROTHERS  UNIFORM CO MENS 75/25 POLY/WOOL TROUSERS  W/FLEX WAISTBAND $ 87.68 $96.45 TR862 F1 V47680 10 28 R FECHHEIMER BROTHERS  UNIFORM CO WOMENS 75/25 POLY/ WOOL  TROUSERS WITH FLEX WAIST BAND $ 102.47 $112.72 TU049 F1 47330 86 28 RE FECHHEIMER BROTHERS  UNIFORM CO MEN'S P/W TROUSER W/FREEDOM  FLEX WAIST/VERTX CARGO PKTS $ 68.31 $75.14 TU332 F1 47289 86 28 RE FECHHEIMER BROTHERS  UNIFORM CO COMMAND WEAR MENS SHORTS  W/FREEDOM FLEX BAND $ 67.59 $74.35 ZA2186 F1 71500 86 LARGE FECHHEIMER BROTHERS  UNIFORM CO MENS POLY/WOOL SAP PKT TROUSERS $ 69.43 $76.37 ZS553 F1 85R70Z 86 LARG FECHHEIMER BROTHERS  UNIFORM CO 71500 PRO SERIES SAFETY VEST $ 57.00 $62.70 LP643 CU9G FIRST SAMCO MENS S/S 65/35 COOL MAX ZIPPER $ 24.60 $25.83 CE000 GALLS INC  $                       ‐$0.00 EF10639 EF10639 GALLS INC LOGO ONLY DESIGN $                       ‐$0.00 ES20048 ES20048 GALLS INC FRISCO FIRE DEPT TX SMALL GLD/RED/BLU/WHT/GRY 2X2.75 $ 10.92 $12.56 ES20049 ES20049 GALLS INC FRISCO FIRE DEPT TEXT LIGHT  GARMENTS 3x2 $ 10.92 $12.56 ES20050 ES20050 GALLS INC FRISCO FIRE DEPT TEXT RED/GLD $ 10.92 $12.56 ES20052 ES20052 GALLS INC FRISCO FIRE DEPT TEXT RED/WHT $ 10.92 $12.56 ES20118 ES20118 GALLS INC FRISCO FIRE DEPT TEXT GLD 3X2 $ 11.70 $13.46 Page 183 Item 7. ES20119 ES20119 GALLS INC FRISCO FIRE DEPT. BATTALION CHIEF SHIELD BADGE $ 11.70 $13.46 ES20120 ES20120 GALLS INC FRISCO FIRE DEPT. CAPTAIN SHIELD  BADGE $ 11.70 $13.46 ES20157 ES20157 GALLS INC FRISCO FIRE DEPT. DEPUTY CHIEF  SHIELD BADGE $ 8.58 $9.87 ES20158 ES20158 GALLS INC FRISCO LIEUTENANT 1 HORN LOGO $ 8.58 $9.87 ES20159 ES20159 GALLS INC FRISCO BATTALION CHIEF 2 CROSSED HORN LOGO $ 8.58 $9.87 ES20180 ES20180 GALLS INC FRISCO CAPTAIN 2 HORN LOGO $ 7.64 $8.79 ES20181 ES20181 GALLS INC 5 CROSSED BUGLES COLLAR $ 7.64 $8.79 ES20182 ES20182 GALLS INC 4 CROSSED BUGLES COLLAR $ 7.64 $8.79 ES20184 ES20184 GALLS INC 3 CROSSED BUGLES COLLAR $ 10.92 $12.56 ES20805 ES20805 GALLS INC FRISCO FIRE DEPT TEXT SIL $ 7.28 $8.37 EY04369 EY04369 GALLS INC CAPTAIN BAR $ 11.70 $13.46 EY04370 EY04370 GALLS INC DISPATCHER FRISCO FIRE DEPT TEX  BADGE $ 11.70 $13.46 EY04371 EY04371 GALLS INC CHIEF FRISCO FIRE DEPT TEX BADGE $ 11.70 $13.46 EY06288 EY06288 GALLS INC ASSISTANT CHIEF FRISCO FIRE DEPT  TEX BADGE $ 11.96 $13.75 EY09195 EY09195 GALLS INC FRISCO FIRE DEPARTMENT MXC LOGO $ 15.08 $17.34 EY10376 EY10376 GALLS INC FRISCO FIRE DEPARTMENT K9 LOGO $ 11.96 $13.75 EY10377 EY10377 GALLS INC FRISCO FIRE DEPT TEXT RED/GLD HAT $ 11.96 $13.75 EY11787 EY11787 GALLS INC FRISCO FIRE DEPT TEXT RED/WHT HAT $ 11.47 $13.19 HT002 HT002 1LN GALLS INC FRISCO FIRE TEXT $ 12.47 $14.34 HT2804 HT2804 RSIL GALLS INC HEAT TRANSFER $ 16.64 $19.14 HT4613 HT4613 BLK GALLS INC FRISCO FIRE INVESTIGATOR (BACK)  9.8339 x 7.6632 $ 18.84 $21.67 HT4614 HT4614 BLK GALLS INC FRISCO FIRE (BACK) $ 16.64 $19.14 HT4615 HT4615 BLK GALLS INC FRISCO FIRE DEPT (BACK SMALL) $ 16.64 $19.14 HT9993 REDS 1 WORD BLK GALLS INC FRISCO FIRE DEPT (SMALL) $ 9.83 $11.30 HT9994 REDS 2 WORD BLK GALLS INC REDS 1 WORD HEAT PRESS $ 12.01 $13.81 HT9995 REDS 3 WORD BLK GALLS INC REDS 2 WORD HEAT PRESS $ 16.64 $19.14 LA015 LA015 GALLS INC  $                       ‐$0.00 LA100 GALLS INC ENGRAVING FOR NAMEPLATE APPLICATION $ 1.04 $1.20 LA101 GALLS INC BUTTON APPLICATION $                       ‐$1.20 LA103 GALLS INC ZIPPER APPLICATION $                       ‐$1.20 LA104 GALLS INC BUTTON REMOVAL $ 4.37 $5.03 LA105 GALLS INC CLOSE SEW POCKET SHUT $ 8.74 $10.05 LA106 GALLS INC EPAULET APPLICATION TAC DOWN $ 4.37 $5.03 LA107 GALLS INC BADGE TAB APPLICATION $ 13.10 $15.07 LA111 GALLS INC EPAULET REMOVAL $                       ‐$4.67 LA113 GALLS INC BADGE TAB REMOVAL $ 21.84 $25.12 LA118 GALLS INC SHIRT ADD LONG TAILS $ 3.28 $3.77 LA119 GALLS INC REMOVE EXISTING/OLD PATCH $ 10.92 $12.56 LA120 GALLS INC ADD CUFFS TO TROUSERS/PANTS $ 26.00 $29.90 Page 184 Item 7. LA121 GALLS INC ADJUST WAIST IN OR OUT OR LOWER  BELT $ 16.64 $19.14 LA122 GALLS INC TAPER LEGS $ 26.00 $29.90 LA124 GALLS INC LIFT CROTCH $ 10.40 $11.96 LA125 GALLS INC INSTALL 1 SAP POCKET (BILLY POCKET) $ 10.40 $11.96 LA127 GALLS INC INSTALL 2 SAP POCKETS ON SAME  PANT (BILLY POCKET) $ 14.56 $16.74 LA128 LA128 WO GALLS INC TAPER SIDES SHIRTS/JACKETS/BLAZERS $ 6.55 $7.53 LA129 GALLS INC TAPER SLEEVES ON SHORT SLEEVES $ 9.88 $11.36 LA131 GALLS INC SHORTEN SLEEVES $ 20.79 $23.91 LA132 GALLS INC IRON MILITARY CREASES $ 20.79 $23.91 LA134 GALLS INC SEWN MILITARY CREASES $ 8.74 $10.05 LA137 GALLS INC MAKE SHIRT SHORTER (CUT TAILS/SQUARE)$ 4.37 $5.03 LA138 GALLS INC Add Mic/ Ear Piece Holes $ 8.32 $9.57 LA139 GALLS INC INSTALL ELASTIC $ 4.68 $5.38 LA150 GALLS INC INSTALL RADIO/MIC TAB $ 3.64 $4.19 LA151 GALLS INC SEWING SERVICE ‐ INSTALL PATCH TO GARMENT $                       ‐ LA152 GALLS INC RANK STRIPE 1 ROW $                       ‐$10.00 LA153 GALLS INC RANK STRIPE 2 ROWS $                       ‐$14.00 LA154 GALLS INC RANK STRIPE 3 ROWS $                       ‐$20.00 LA155 GALLS INC RANK STRIPE 4 ROWS $                       ‐$25.00 LA158 GALLS INC RANK STRIPE 5 ROWS $ 26.00 $29.90 LA194 GALLS INC ADJUST SEAT IN TROUSERS $ 16.12 $18.54 LA233 GALLS INC SQUARING/ROUNDING SHIRT TAILS $ 7.28 $8.37 LA240 GALLS INC PANT PERMENANT CREASE $ 4.37 $5.03 LA247 GALLS INC BADGE & NAMETAG HOLES $ 11.44 $13.16 LL1LNM LL1LNM GALLS INC ADD STIRUPS TO PANTS $ 7.80 $8.97 LL2LNM LL2LNM GALLS INC 1 LINE LEFT CHEST EMBROIDERY ‐ GARMENTS/MONOGRAM $ 9.88 $11.36 PEC01 PEC01 GALLS INC 2 LINE LEFT CHEST EMBROIDERY ‐ GARMENTS/MONOGRAM $ 8.06 $9.27 PEC02 PEC02 GALLS INC 1 LINE RIGHT CHEST EMBROIDERY $ 9.36 $10.76 PEC03 PEC03 GALLS INC 2 LINE RIGHT CHEST EMBROIDERY $ 9.83 $11.30 UB985 UB985 BLK GALLS INC 3 LINE RIGHT CHEST EMBROIDERY $ 9.10 $10.47 JA162 1221‐J BLK LG LNG GAME SPORTSWEAR RETAIL ONLY IN HOUSE MADE NAMESTRIPS APPLIED $ 48.92 $51.37 GL1103 86106 WHT LG George Glove Company Inc GAME SPORTSWEAR THE BRAVEST $ 5.19 $5.45 GL1125 86462 George Glove Company Inc SURE‐GRIP COTTON WRIST 12IN  GLOVE ‐ PAIR $ 4.42 $4.64 FT019 605114 BLK 10 M HAIX NORTH AMERICA INC.HONOR GUARD GLOVES COTTON $ 323.74 $362.59 FT020 605113 BLK 10 M HAIX NORTH AMERICA INC.WOMENS AIRPOWER XR1 $ 242.88 $272.03 Page 185 Item 7. FW264 605109 BLK 10 M HAIX NORTH AMERICA INC.MENS 9" AIRPOWER XR1 $ 370.69 $415.17 FW265 605110 BLK 10 M HAIX NORTH AMERICA INC.MENS HAIX AIRPOWER R2 DUTY BOOT $ 370.69 $415.17 FW551 300103 BLK 85 M HAIX NORTH AMERICA INC.WOMENS HAIX AIRPOWER R2 DUTY  BOOT $ 194.01 $217.29 FX599 605118 BLK 10 MD HAIX NORTH AMERICA INC.BLACK EAGLE TACTICAL 20 HIGH WP  DUTY $ 364.99 $408.79 FX600 605119 BLK 10 MD HAIX NORTH AMERICA INC.HAIX MENS 8" AIRPOWER XR2 BOOT $ 364.99 $408.79 SP289 D/C 300004 BLK 11 HAIX NORTH AMERICA INC.HAIX WMNS AIRPOWER XR2 BOOT $ 146.78 $164.39 NP1584 CWBGL Hamburger Woolen Co Inc BLACK EAGLE ATHLETIC LOW II  OXFORD $ 4.63 $4.86 TR1092 TAC653 NY SM Hanes Brands,  Inc.BELT‐WEB‐ W/GOLD BUCKLE & TIP $ 12.09 $12.69 TS680 5180 63 LG Hanes Brands,  Inc. CHAMPION TACTICAL CLASSIC JERSEY SHORT W/ POCKET $ 13.49 $14.16 GL406 1010977 HATCH/SAFARI LAN D LLC HANES BEEFY S/S T ‐SHIRT $ 66.55 $73.87 TP224 1010798 HATCH/SAFARI LAN D LLC OPERATOR TACTICAL $ 23.10 $25.64 CB1400 8384B HERO'S PRIDE HA02 KP250 CENTURION KNEE PADS $ 2.65 $2.78 EG0080 8015B HERO'S PRIDE TIE TAC BLUE LINE $ 4.10 $4.31 ZK420 3003 10 D HONEYWELL  FIRST  RESPONDER  PROD TEXAS DEPT OF HEALTH LICENSED  PARAME $ 379.14 $398.10 NT163 NP‐200 GLD HOOK‐FAST SPECIALTIES MO42 3003 8IN PRO STATION BOOT $ 10.40 $10.92 SR682 HS1165‐RG‐L HORACE SMALL (WWOF)NAME PLATE ‐  2‐1/4 X 3/8 $ 45.78 $52.19 ZM149 HS1266‐SS‐L HORACE SMALL (WWOF)WOMENS NEW DIMENSION LS SHIRT $ 39.75 $45.32 ZO743 HS1208‐SS‐145 HORACE SMALL (WWOF)WOMENS NEW DIMENSION S/S SHIRT $ 39.75 $45.32 ZR024 HS1112‐19‐38 HORACE SMALL (WWOF)MENS NEW DIMENSION S/S SHIRT $ 55.37 $63.12 NT1037 G682622 Johnson  Plastics MENS NEW DIMENSION L/S SHIRT $ 8.32 $8.74 HA5500 W1710 BLK KC Caps/Capco Sportswear NAME PLATE GOLD CLUTCH BACK $ 4.83 $5.07 Page 186 Item 7. HA692 2000SBLACKS/MFI KC Caps/Capco Sportswear LONG KNIT 100% ACRYLIC BEANIE $ 6.40 $6.72 HA694 KC3000BLACKL/XL KC Caps/Capco Sportswear CAP NU FIT REDI CURVE BILL CAPCO   KC CA $ 6.66 $6.99 HA696 W1700NAVYONESZ KC Caps/Capco Sportswear CAP NU‐FIT COTTON TWILL FITTED CAPCO/KC CAPS $ 4.16 $4.37 HA386 R‐13 BLK 612 SFD Keystone  Uniform Cap  Corp SHORT KNIT 100% ACRYLIC BEANIE  CAPCO/KC CAPS $ 82.04 $86.14 HW774 L‐1 BLK LG Keystone  Uniform Cap  Corp R‐13 BASE ROUND TOP POLY SERGE CAP/88 BLK VISOR/BLK STRAP/SIL FD  BUTTONS $ 82.16 $86.27 JC875 505MBKBLACKLRE LIBERTY  UNIFORM MFG  CO INC 8‐PT SERVICE UNIFORM CAP  W/ADJUSTABLE SIZING BAND $ 41.86 $43.95 HW1959 BELL CAP BLK LG Lighthouse Uniform Co.BOMBER JACKET $ 79.82 $83.81 JA1621 1800 BLK 33 SHT Lighthouse Uniform Co.LEWISVILLE FD BELL CAP $ 349.21 $366.67 TR1562 1569BT 28 OB Lighthouse Uniform Co. JACKET MENS BLACK DOUBLE  BREASTED $ 104.00 $109.20 FW241 804‐6379 10M LION APPAREL  INC MENS 55 POLY/45 WOOL DRESS PANT $ 323.71 $411.11 SR767 0527 MB‐00 LG LN LION APPAREL  INC 9IN POWER EMS/WILDLAND BOOT $ 55.43 $70.40 SR768 0227MB‐00 LG LN GLION APPAREL INC COTTON BRAVO S/S SHIRT $ 60.98 $64.03 HA1455 5STAR BLKMESH BL MIDWAY CAP COMPANY COTTON BRAVO L/S SHIRT $ 51.48 $54.05 HA158 5STAR BLK 612 GP MIDWAY CAP COMPANY 5 STAR W/BLK MESH FRAME/GB22  GLD BULLION VIS/GLD P/GLD VELLUM STRP $ 51.48 $54.05 HD355 112/114CONV NAV MIDWAY CAP COMPANY 5 STAR 1 HOLE CAP W/ P BTNS $ 81.43 $85.50 HW233 169 MIDWAY CAP COMPANY CONVERTIBLE 112/114 BELL CROWN W/REMOVABLE BRAID $ 4.68 $4.91 HW2452 COOL MAX MIDWAY CAP COMPANY CLEAR RAIN CAP COVER WITHOUT  VISOR $ 7.61 $7.99 HW2455 E‐7 CAP BLK 612 MIDWAY CAP COMPANY COOL MAX LINING IN CAP $ 51.48 $54.05 HW2548 113 GM‐19 FRISCO MIDWAY CAP  COMPANY WISCONSIN PD 5STAR WOOL BLND SERGE/OPEN WOVN BRAID  MESH/PATN VIS/BLK STRP $ 122.01 $128.11 HW2919 191‐OWF‐GM48 W MIDWAY CAP  COMPANY FRISCO FIRE BELL CHIEF CAP W/GLD EXP/GB‐19 ARMY BULLION VISOR &  GFD BTNS $ 92.29 $96.90 HW3392 191‐OWF‐GM48 FF MIDWAY CAP COMPANY CAP W/MESH BAND/GLD EXP/BLK  SHINY VISOR & GFD BTNS $ 92.43 $97.05 Page 187 Item 7. HW668 113‐EM48‐GLD BLK MIDWAY CAP  COMPANY SFFD ASST COMM CAP W/MESH BAND/GLD EXP/BLK SHINY VISOR &  GFD BTNS $ 81.43 $85.50 UN524 GNL‐40 MIDWAY CAP  COMPANY 112/113 BELL CROWN W/ BLK MOHAIR  OR VELVET BAND & EXPANSION STRAP $ 12.29 $12.90 UE181 1‐029683634‐1210 OGS TECHNOLOGIES  INC NYLON LACE STRAP $ 1.56 $1.83 UE252 1‐00190‐2405‐121 OGS TECHNOLOGIES  INC FD BUTTONS SOLD IN SINGLES $ 1.03 $1.21 UN235 1 02968 2405 1090 OGS TECHNOLOGIES  INC HAT BUTTONS ‐ P IN WREATH‐ W/ 2  WIRE PRONG BACK (SINGLES) $ 1.78 $2.08 HA8010 PFX‐120 BLACK L/X Outdoor Cap FD BUTTON  WITH HAT PRONGS $ 8.79 $9.23 HW1565 PFX‐120VY L/XL Outdoor Cap OUTDOOR CAP FLEXFIT JERSEY MESH  HAT $ 7.44 $7.81 HW1961 PFX120 Outdoor Cap FLEXFIT MESH BALL CAP NAVY $ 27.16 $28.52 HW1963 PFX‐450 Outdoor Cap BB CAP NAVY 6 PANEL STRETCH  W/LOGO $ 13.30 $13.97 BA332 BTNB200000 POINT BLANK ENTERPRISES CAP PROFLEX MID CROWN WOOL/SPANDEX $ 32.75 $35.37 BF166 HL6B25CS0M BEB POINT BLANK ENTERPRISES BATON NYLON FOAM GRIP 1 INCH  DIAMET $ 727.99 $786.23 BG1473 BAGN00130D POINT BLANK ENTERPRISES LEVEL II BALLISTIC PACKAGE ‐ 2 HILITE CARRIERS $ 72.79 $78.61 BL096 VS5AD1CS0M BLK POINT BLANK ENTERPRISES BAG ‐ HELMET AND PLATE CARRIER $ 967.19 $1,044.57 BL514 HL6N00BV0M BLK POINT BLANK ENTERPRISES POINT BLANK AXIIIA VISION 2 CARRIER $ 93.59 $101.08 BL664 MC1N00ACTT POINT BLANK ENTERPRISES HI LITE PERFORMX GEN II CARRIER $ 67.59 $73.00 BL688 HL6AXACS0M BLK POINT BLANK ENTERPRISES THORSHIELD SLEEVE ONLY $ 821.59 $887.32 BL713 PC2KT1BV0J BKA C POINT BLANK ENTERPRISES HI LITE W/ AXII 2 CARRIERS $ 328.63 $354.92 BL733 VS5AXACS0M BLK POINT BLANK ENTERPRISES POINT BLANK ACTIVE SHOOTER KIT 2  555 STEEL PLATES $ 868.39 $937.86 BL809 HL6AXABV0M BLK POINT BLANK ENTERPRISES AXII W/ 2 VISION CARRIER $ 733.19 $791.85 BP1065 OD1M00BVOJ BLK POINT BLANK ENTERPRISES AXII W/ 1 HI LITE CARRIER $ 155.99 $168.47 BP1154 OD2M00BV0J BLK POINT BLANK ENTERPRISES OD‐C STANDARD CARRIER $ 155.99 $168.47 BP1344 PCP000BV0J BLK POINT BLANK ENTERPRISES ODC MOLLE W/ PLATE POCKET $ 98.79 $106.69 BP1603 OD8M00BV0J BKA POINT BLANK ENTERPRISES ACTIVE SHOOTER STEEL PLATE  CARRIER $ 207.99 $224.63 BP1710 SPLT57SCSQ POINT BLANK ENTERPRISES PB ODC MAVERICK CARRIER $ 155.99 $168.47 BY602 AE4ME2C20M BLK POINT BLANK ENTERPRISES PLATE ‐ 555 STEEL LEVEL III+ $ 928.20 $1,002.46 BY632 HL6AXACS0M BLK POINT BLANK ENTERPRISES ELITE W/ 2 AXII ELITE CARRIER W/ NO THORSHIELD $ 821.59 $887.32 Page 188 Item 7. TB301 HLM108KT00/HLM POINT BLANK ENTERPRISES AXII W/ HI‐LITE 2 CARRIERS $ 102.44 $110.64 TP608 HLMH104000 BLK POINT BLANK  ENTERPRISES PTH IIIA HIGH CUT HELMET W/MSS SUSPENSION SYSTEM W/ HLMH FRNT  MOUNT/ HLMH INTRLCK SIDE RAIL $ 374.39 $404.34 BB017 PTHCK‐12 Premier  Emblem ‐ HG PARACLETE TACTICAL HELMET LEVEL  IIIA $ 6.19 $6.50 CB149 P8006 Premier  Emblem ‐ HG BLK PEN STYLE HAND CUFF KEY $ 8.32 $8.74 LP307 P5118 Premier  Emblem ‐ HG METALIC CAP STRAP $ 5.15 $5.41 UE065 P4917 Premier  Emblem ‐ HG RIVER BELT $ 2.55 $2.68 BD613 P304 PREMIER EMBLEMS INDIVIDUAL NICKEL WHISTLE $ 5.41 $5.68 BE082 E1076 N/A N/A PREMIER EMBLEMS SGT. CHEVRON 3/4" INSIGNIA ‐ GOLD $ 2.08 $2.18 BW468 E1079 PREMIER EMBLEMS ELASTIC BAND BK WITH THIN $ 1.56 $1.64 BW704 E1075 PREMIER EMBLEMS BADGE BAND THIN LINE $ 1.82 $1.91 BX095 P1300ALL PREMIER EMBLEMS RED/BLACK BADGE BAND $ 6.76 $7.10 BX108 P1804ALL PREMIER EMBLEMS 2ND LT BARS MINIATURE RANK  INSIGINIA, GOLD CLUTCH BACK $ 8.58 $9.01 BX161 P2902GALL PREMIER EMBLEMS 3/4 THREE GOLD STARS (SMOOTH)ON BAR, CLUTCH BACK $ 5.15 $5.41 BX179 P4207‐G PREMIER EMBLEMS CHAPLAIN CROSSES‐GOLD (PER PAIR) $ 4.63 $4.86 BX181 P4732ALL PREMIER EMBLEMS FLAG RIBBON BAR $ 4.68 $4.91 CB110 P4748 PREMIER EMBLEMS LIFESAVING AWARD BAR GOLD W/ENAMEL AND ONE CROSS.$ 4.68 $4.91 CB155 P302 PREMIER EMBLEMS CERTIFICATE OF MERIT  COMMENDATION B $ 4.92 $5.17 CB158 P1800‐BLK PREMIER EMBLEMS INSIGNIA CORPORAL 3/4 $ 4.11 $4.32 CB1681 F.F.D. 3/8 GOLD 3 L PREMIER EMBLEMS 1 STAR 3/4 $ 8.31 $8.73 CX001 P2100 PREMIER EMBLEMS F.F.D 3/8 LETTERS CLUTCH BACK  COLLAR INSIGNIA PAIR $ 21.42 $22.49 CX015 P1510 PREMIER EMBLEMS 1" CORRUGATED STARS WITH 3/8"  POST $ 7.54 $7.92 CX037 P1701 BLK PREMIER EMBLEMS 7/16" SMOOTH STAR BARS W/CLUTCHBACK ‐PAIRS $ 4.47 $4.69 CX420 P4743 PREMIER EMBLEMS 5/8" SMOOTH STAR BARS  W/CLUTCHBACK ‐PAIRS $ 4.68 $4.91 CX426 P4745‐‐‐PREMIER EMBLEMS ADVANCED CERTIFICATION BAR $ 4.68 $4.91 Page 189 Item 7. CX491 1/4G 3 LETTER PREMIER EMBLEMS INTERMEDIATE CERTIFICATION $ 8.89 $9.33 CX498 P4744 PREMIER EMBLEMS 1/4 INCH CUSTOM CUT OUT THREE  LETTER COLLAR BRASS $ 4.68 $4.91 EC0893 APRE25687‐13 PREMIER  EMBLEMS AC1002021866  FRISCO POLICE DEPT.  EST. 1965 TX OFFICER SHOULDER PATCH  ROY/BLK/GLD/GRY $                       ‐ $0.00 EF10638 APRE7011‐12 PREMIER  EMBLEMS AC1002021864 FRISCO FIRE DEPT TX SHOULDER PATCH  GLD/RED/BLU/WHT/GRY 3.5X4.5 $                       ‐ $0.00 NT171 P10005 PREMIER EMBLEMS SINGLE RUBBER CLUTCH BACK FOR NAMETAG $ 0.21 $0.22 UB925 APRE25687‐17 BLK PREMIER EMBLEMS ALBUQUERQUE POLICE HASHMARKS  ROLL $ 1.25 $1.31 UE001 518X PREMIER EMBLEMS SGT CHEVRONS W/MERROWED  BORDER (PAIR) $ 2.29 $2.40 UE029 E800 PREMIER EMBLEMS 4X11 POLICE BACK PATCH $ 5.72 $6.01 UE075 P8002ALL PREMIER EMBLEMS METAL CAP STRAP, FLORAL $ 15.08 $15.83 UE076 P8004 GLD PREMIER EMBLEMS SNAKE STYLE CAP STRAP $ 6.76 $7.10 UE297 P4923 PREMIER EMBLEMS WHISTLE GUARDS $ 2.55 $2.68 UE799 M517 PREMIER EMBLEMS HASH MARK (5) PREMIER TWILL $ 4.68 $4.91 UN927 227 PREMIER EMBLEMS SGT CHEVRONS 3 1/2" (PAIR) $ 2.29 $2.40 UN928 221 PREMIER EMBLEMS CLOTH SGT CHEVRONS $ 2.29 $2.40 UN929 238 PREMIER EMBLEMS CLOTH SGT CHEVRONS 3 1/2IN (PAIR) $ 2.29 $2.40 UN932 327 PREMIER EMBLEMS CORPORAL CHEVRON W/STITCHED BORDER PAIR $ 2.29 $2.40 UX097 E1077 BLK GRY PREMIER EMBLEMS E1077 LOOP BRAID SHOULDER STRAPS $ 3.88 $4.07 UX2300 E1275N PREMIER EMBLEMS TEXAS DEPT OF STATE HEALTH SVCS  EMT $ 3.12 $3.28 UX524 E1748N PREMIER EMBLEMS TX STATE DEPT OF HEALTH SERVICES PARAMEDIC SHOULDER EMBLEM $ 3.33 $3.50 UX525 E1749AN PREMIER  EMBLEMS TX STATE DEPT OF HEALTH SVCS  LICENSED PARAMEDIC SHOULDER  EMBLEM $ 3.64 $3.82 UX527 E1752B PREMIER EMBLEMS TX STATE DEPT OF HEALTH SVCS EMER  SVC TECH SHOULDER EMBLEM $ 3.12 $3.28 UX929 E1077 PREMIER EMBLEMS NEMO ME IMPUNE LACESSIT  MOURNING BAND PURPLE/BLACK $ 2.84 $2.98 UX930 E1077‐1 BLK PREMIER EMBLEMS BLACK ELASTIC BADGE COVER $ 1.56 $1.64 Page 190 Item 7. HW554 F550221BLK7 1/4 Propper  International  Sales BATTLE RIPSTOP BOONIE 50N/50C $ 16.25 $17.06 NY382 F561975001L Propper  International  Sales PROPPER TACTICAL BELT $ 11.97 $12.57 SJ273 F53554C001L Propper  International  Sales PROPPER UNIFORM SHORT SLEEVE  POLO $ 21.57 $22.65 ST136 F534172001L Propper  International  Sales I.C.E. PERFORMANCE POLO $ 34.66 $36.39 TU019 F52525000128X37 Propper  International  Sales LIGHTWEIGHT TACTICAL TROUSERS $ 39.39 $41.36 TU076 F5295500012 Propper  International  Sales WOMENS LIGHTWEIGHT TACTICAL  TROUSERS $ 39.39 $41.36 ZK835 F520112001L3 Propper  International  Sales POLYCOTT TWILL BDU 6PKT PANT $ 31.46 $33.03 BF286 I‐POL‐LG‐BLK‐GLD Protech Armor/Safarila nd LLC POLICE ID PATCH $ 8.99 $9.44 BP1658 PTA‐BLK‐MR02‐3A Protech Armor/Safarila nd LLC LEVEL IIIA BALLISTIC GROIN  PROTECTOR $ 183.15 $192.31 BP1659 PTA‐EGRN‐MR02‐3 Protech Armor/Safarila nd LLC LEVEL IIIA BALLISTIC GROIN  PROTECTOR ENHANCED $ 266.40 $279.72 NP783 TP15 MULTCM Protech Armor/Safarila nd LLC SINGLE GRENADE POUCH $ 40.79 $42.83 NP785 TP16 ATAC Protech Armor/Safarila nd LLC 25 DISTRACTION DEVICE POUCH $ 28.58 $30.01 NP791 TP19A‐M‐YK BLK Protech Armor/Safarila nd LLC 4X8 VERTICAL UTLITY POUCH $ 40.43 $42.45 NP793 TP20‐M‐YK Protech Armor/Safarila nd LLC MEDICAL POUCH $ 62.43 $65.55 NP811 TP24 Protech Armor/Safarila nd LLC MINI SIDE PLATE (MSP) POUCH, BLACK $ 42.04 $44.14 NP931 1219669‐LT21A BL Protech Armor/Safarila nd LLC UNIVERSAL RADIO POUCH $ 42.05 $44.15 TE1808 1162698 Protech Armor/Safarila nd LLC DELTA 4 FULL CUT W/ R2S $ 474.53 $498.26 HA5500F R5 ‐ KC01 KC Caps/Capco FRISCO FIRE EMBROIDERED LONG KNIT 100% ACRYLIC BEANIE GOLD $ 16.63 $17.46 HA5500FW R5 ‐ KC01 KC Caps/Capco FRISCO FIRE EMBROIDERED LONG KNIT  100 $ 16.63 $17.46 HB074 PTS40S‐B‐ML RICHARDSON  CAPS DRYVE R‐FLEX PERFORMANCE MICRO MESH CAP $ 12.75 $13.39 Page 191 Item 7. HD253 112‐BTTB‐A RICHARDSON  CAPS 112 TWILL W/MESH BACK ADJUSTABLE PLASTIC SNAP BACKSTRAP $ 7.21 $7.57 FW318 FQ00500‐8 BLK 10 Rocky Brands Wholesale, LLC. PROFESSIONAL DRESS HI ‐GLOSS  UNISEX SIZE CHUKKA $ 78.88 $82.82 FW663 FQ00510‐8 BLK 10 Rocky Brands Wholesale, LLC.MENS PRO CELL HI GLOSS OXFORD $ 92.02 $96.62 SP077 RY008 BLK 10.0 M Rocky Brands Wholesale, LLC.MENS C4T 8IN TRAINING BOOT $ 80.81 $84.85 SP262 FQ0002090 10 M Rocky Brands Wholesale, LLC.ROCKY LEATHER ZIPPER BOOT $ 144.12 $151.33 SP420 FQ0002091 10 M Rocky Brands Wholesale, LLC.ROCKY ZIPPER TROOPER BOOT $ 109.20 $114.66 SP476 FQ0004090 10 M Rocky Brands Wholesale, LLC.WOMENS ROCKY BOOT $ 144.12 $151.33 SP529 FQ0002173 BLK 10 Rocky Brands Wholesale, LLC.ROCKY ALPHA FORCE ZIP $ 88.76 $93.20 SP644 FQ0006300 10 MW Rocky Brands Wholesale, LLC.ROCKY PULL ON WELLINGTON BOOTS $ 116.41 $122.23 SP656 FQ0005101 10 M Rocky Brands Wholesale, LLC.ROCKY WOMENS TMC ATHLETIC $ 136.35 $143.17 SP720 FQ0002095 BLK 10 Rocky Brands Wholesale, LLC.ROCKY WP PARATROOPER ZIPPER  BOOTS $ 164.07 $172.27 TR1458 651AFM BLK LG S & S  Activewear MEN'S 9IN INSEAM DRI ‐POWER MESH SHORTS WITH POCKETS $ 16.63 $17.46 BP1660 PTA‐A TAV BA‐3A0 SAFARILAND,  LLC. BALLISTIC YOKE PROTECTOR (TAV  SYSTEM)$ 495.00 $549.45 LH325 6360‐447‐492‐NH SAFARILAND,  LLC. ALS/SLS LEVEL III MID RIDE DUTY  HOLSTER W/ NO HOOD $ 153.99 $170.93 LH463 94‐42‐2 SAFARILAND,  LLC. USCG 94 BUCKLELESS OUTER DUTY  BELT $ 70.27 $78.00 LP043 070‐140‐182 SAFARILAND,  LLC.070 SSIII SECURITY HOLSTER $ 139.69 $155.06 LP070 94‐22‐4 SAFARILAND,  LLC. SAFARILANDS BUCKLELESS OUTER  DUTY BELT $ 70.27 $78.00 LP071 99‐3‐4 SAFARILAND,  LLC. Safariland's Buckleless Inner Trouser  Belt $ 30.79 $34.18 LP081 90‐4B SAFARILAND,  LLC. Safariland Standard Cuff Case with  Snap $ 28.42 $31.55 LP127 77‐118‐03B SAFARILAND,  LLC. SAFARILAND #77 DOUBLE MAGAZINE HOLDER $ 36.86 $40.91 LP130 38‐4‐4PBL SAFARILAND,  LLC. SAFARILAND MKIII DEFENSE SPRAY  CASE $ 28.42 $31.55 LP177 290‐4B SAFARILAND,  LLC.DOUBLE CUFF CASE $ 36.29 $40.28 Page 192 Item 7. LP203 33‐4V SAFARILAND,  LLC.GLOVE POUCH W/VELCRO $ 15.39 $17.08 LP244 DUP 35‐F21‐23 SAFARILAND,  LLC.EXPANDABLE BATON HOLDER $ 28.42 $31.55 LP257 38‐3‐4B SAFARILAND,  LLC. 38 CLOSED TOP PEPPER SPRAY  HOLDER $ 28.42 $31.55 LP415 6360‐145‐82 SAFARILAND,  LLC. 6360 ALS DUTY HOLSTER LEVEL III RETENTION $ 171.59 $190.46 LP481 307‐9‐4 SAFARILAND,  LLC.M26 AND X26 TASER CARTRIDGE CASE $ 25.29 $28.07 LP655 6354‐832‐762 SAFARILAND,  LLC.ALS TACTICAL HOLSTER W/ LIGHT $ 186.99 $207.56 LP779 75‐118‐4 SAFARILAND,  LLC.75 OPEN TOP DOUBLE MAG POUCH $ 21.99 $24.41 LP791 6390‐1462‐562 SAFARILAND,  LLC.6390 ALS MID RIDE HOLSTER LVL I$ 120.99 $134.30 LP929 090‐1‐18 SAFARILAND,  LLC. SA01 090‐1 OPEN TOP HANDCUFF  CASE F/ OVERSIZED HANDCUFF $ 21.99 $24.41 LR214 7384‐3832‐412 SAFARILAND,  LLC. SAFARILAND 7TS 7384 A/S DROP LEG HOLSTER $ 186.99 $207.56 LR217 7379‐83‐412 SAFARILAND,  LLC. SAFARILAND 7TS 7379 ALS BELT CLIP CONCEALMENT HOLSTER $ 54.99 $61.04 NP564 1219669‐LT10A BL SAFARILAND,  LLC.TP10 DOUBLE SIDE ARM MAG POUCH $ 36.39 $40.39 NP795L TP22‐M‐YKLAPDBL SAFARILAND,  LLC.HYDRATION POUCH Q20131960 $ 29.74 $33.01 NY168 TP19‐M‐YG SAFARILAND,  LLC.PTA‐TP8 X 8 UTILITY POUCH $ 45.53 $50.54 ZA199 306‐1‐4 SAFARILAND,  LLC.POLY STINGER FLASHLIGHT CARRIER $ 21.45 $23.81 ZA556 87V‐28‐8B SAFARILAND,  LLC.87V HOOK LINED DUTY BELT ‐ 2.25IN $ 70.95 $78.75 ZB014 090‐03 SAFARILAND,  LLC.SA01 FORMED OPEN TOP CUFF CASE $ 25.29 $28.07 ZC224 190‐4PBL SAFARILAND,  LLC. MODEL 190 HANDCUFF POUCH FOR  CHAIN CUFFS $ 36.63 $40.66 ZD312 38‐2‐9HS SAFARILAND,  LLC. SA01 38 MACE HOLDER W/ HIDDEN  SNAP $ 28.42 $31.55 ZK688 763‐4 SAFARILAND,  LLC. SAFARILAND UNIVERSAL RADIO  HOLDER, NYLON LOOK $ 28.69 $31.85 ZR894 B‐602B SAFARILAND,  LLC. SA01 REPLACEMENT BELT BUCKLE FOR SAM BROWNE BELT $ 13.21 $14.66 ZW048 OLD=6360‐2192‐82 SAFARILAND,  LLC. 6360 ALS/SLS LEVEL III MID RIDE DUTY  HOL $ 169.39 $188.02 ZY051 6304‐832‐762 SAFARILAND,  LLC.6304 ALS TACTICAL HOLSTER $ 186.99 $207.56 UA033 90156‐BLK SAMUEL  BROOME  UNIFORM  ACCESSOR POLY CROSSOVER TIE W/ COVERED  SNAP $ 6.09 $6.39 Page 193 Item 7. UA109 45135 BLK SAMUEL  BROOME  UNIFORM  ACCESSOR 3 X 57 IN POLY/WOOL 4 IN HAND TIE  W/ BUTTONHOLE $ 4.99 $5.24 UA1893 10078 MILLIKEN 19 SAMUEL  BROOME  UNIFORM  ACCESSOR MOBILE FIRE CUSTOM TIE ‐3"X57"  NECKTIE $ 6.24 $6.55 UA444 90072 BLK REG SAMUEL  BROOME  UNIFORM  ACCESSOR 3 X 57 INCH POLY 4‐HAND TIE $ 6.24 $6.55 UA495 90129 BLK SAMUEL  BROOME  UNIFORM  ACCESSOR 3IN POLYESTER VELCRO TIE  W/BUTTONHOLE $ 6.09 $6.39 UA521 45045 BLK SAMUEL  BROOME  UNIFORM  ACCESSOR 3IN CLIP‐ON POLY/WOOL TIE  W/BUTTON HOLES $ 4.94 $5.19 UA692 45122 BLK SAMUEL  BROOME  UNIFORM  ACCESSOR 3IN POLY/WOOL VELCRO TIE W/BH $ 7.38 $7.75 UA992 45050 BLACK SAMUEL  BROOME  UNIFORM  ACCESSOR 3.5IN POLY/WOOL CLIP‐ON TIE W/  BUTTON HOLE $ 5.04 $5.29 UE127 45155 BLK SAMUEL  BROOME  UNIFORM  ACCESSOR 3 X 61 IN POLY/WOOL 4‐IN‐HAND TIE  W/ BUTTONHOLE $ 4.99 $5.24 UE145 SO271FWA1ALL SAMUEL  BROOME  UNIFORM  ACCESSOR CLIP‐ON BILLINGS STRIPE TIE (CUSTOM  36PC MIN) $ 16.63 $17.46 UE631 90099 BLK 61N SAMUEL  BROOME  UNIFORM  ACCESSOR 3.5 X 57 IN POLY 4 IN HAND TIE W/  BUTTONHOLES $ 6.24 $6.55 UN102 45120 BLK SAMUEL  BROOME  UNIFORM  ACCESSOR 3.5IN POLY/WOOL VELCRO TIE W/  BUTTONHOLE $ 7.28 $7.64 BG663 BG99 NAV/GRY OS Sanmar Corp.PORT & CO COLORBLOCK SPORT  DUFFEL $ 22.28 $23.39 SH1205 CS418 BLK L Sanmar Corp. CORNERSTONE SELECT LIGHTWEIGHT SNAG PROOF POLO $ 51.43 $54.00 SH545 L562 BLK L Sanmar Corp. LADIES SILK TOUCH 3/4 SLEEVE POLO $ 19.53 $20.51 SR063 ST350LS ATOMIC B Sanmar Corp. SPORT‐TEK LONG SLEEVE COMPETITOR TEE $ 8.86 $9.30 ST037 CS410LS BLK L Sanmar Corp. MENS CORNERSTONE SELECT SNAG ‐ PROOF TACTICAL L/S POLO $ 33.72 $35.41 ST057 ST350 ATOMIC BLU Sanmar Corp. SPORT‐TEK S/S COMPETITOR TEE $ 7.10 $7.46 Page 194 Item 7. ST061 437M ASH L Sanmar Corp.JERZEES 50/50 S/S POLO SHIRT W/ SPOTSHIELD $ 10.95 $11.50 ST082 18500 ANTIQUE CH Sanmar Corp. GILDAN HOODED SWEATSHIRT $ 18.59 $19.52 ST111 K500 BANANA L Sanmar Corp. PORT AUTHORITY SILK TOUCH S/S  SPORT SHIRT $ 13.31 $13.98 ST147 TLCS410 BLK LT Sanmar Corp. MENS CORNERSTONE SELECT SNAG ‐ PROOF TACTICAL S/S POLO $ 30.49 $32.01 ST148 CS411 BLK L Sanmar Corp. LADIES CORNERSTONE SELECT SNAG ‐ PROOF TACTICAL S/S POLO $ 30.49 $32.01 ST149 L500 BANANA L Sanmar Corp. PORT AUTHORITY LADIES SILK TOUCH  S/S SPORT SHIRT $ 13.31 $13.98 ST150 L500LS BLK L Sanmar Corp. PORT AUTHORITY LADIES SILK TOUCH  L/S SPORT SHIRT $ 19.50 $20.48 ST233 LST650 BLK L Sanmar Corp. LADIES MICRO PIQUE SPORT WICK  SPORT SHIRT $ 19.50 $20.48 ST243 L525 BLK L Sanmar Corp.LADIES DRY ZONE OTTOMAN SPORT  SHIRT $ 21.29 $22.35 ST268 F260 BLK L Sanmar Corp. HANES CREW NECK SWEAT SHIRT $ 22.28 $23.39 ST269 F170 ASH L Sanmar Corp. HANES PULLOVER HOOD SWEATSHIRT $ 19.64 $20.62 ST279 TST650 BLK LT Sanmar Corp. SPORT‐TEK MICROPIQUE SPORT‐WICK POLO $ 19.50 $20.48 ST282 ST657 BLK L Sanmar Corp. SPORT TEK LONG SLEEVE MICROPIQUE SPORT WICK POLO $ 23.10 $24.26 ST288 ST257 BLK L Sanmar Corp. SPORT‐TEK MENS COTTON/POLY OPEN BOTTOM SWEATPANT $ 28.14 $29.55 ST289 12300 BLK L Sanmar Corp.GILDAN DRY BLEND OPEN HEM SWEATPANTS W/POCKETS $ 18.77 $19.71 ST291 ST310 BLK L Sanmar Corp.SPORT‐TEK JERSEY KNIT SHORT W/POCKETS $ 16.41 $17.23 SW069 L540 BLK L Sanmar Corp. PORT AUTHORITY LADIES SILK TOUCH PERFORMANCE POLO $ 12.43 $13.05 SW636 2000 BLK S Sanmar Corp. LACITY FIRE 100PCT COTTON TEE $ 6.00 $6.30 TS038 DUPE 5280 BLK L Sanmar Corp. HANES COMFORT SOFT HVYWGHT COTTON S/S TEE $ 6.74 $7.08 TS207 LST350 BLK L Sanmar Corp. Sport‐Tek Ladies PosiCharge  Competitor Tee $ 7.10 $7.46 TS306 2410 BLK L Sanmar Corp. GILDAN ULTRA COTTON L/SLEEVE  TSHIRT WITH POCKET $ 14.07 $14.77 TS530 5180 ASH L Sanmar Corp. HANES BEEFY S/S POCKETLESS T ‐SHIRT $ 12.21 $12.82 TS531 5186 ASH L Sanmar Corp. HANES BEEFY L/S T‐SHIRTS $ 14.08 $14.78 TS668 5190 ASH L Sanmar Corp.HANES BEEFY COTTON T ‐SHIRT  W/POCKET $ 14.01 $14.71 TS676 PC61 ATHLETIC HT Sanmar Corp.PORT & CO MENS ESSENTIAL S/S  T‐SHIRT $ 13.49 $14.16 Page 195 Item 7. TS691 2300 ASH L Sanmar Corp.GILDAN COTTON T SHIRT WITH  POCKET $ 9.38 $9.85 TS774 K468 NAV S Sanmar Corp. SPORT‐TEK DRI‐MESH S/S T‐SHIRT $ 18.77 $19.71 TS790 DC 5186 BLK 2X Sanmar Corp. T‐SHIRT L/S HANES BEEFY‐T$ 12.10 $12.71 TZ211 42000 BLK L Sanmar Corp. GILDAN PERFORMANCE T ‐SHIRT $ 6.05 $6.35 HA8010E HA8010 NAV GLD L Shadowfax Graphics FRISCO FIRE EMBROIDERED FLEXFIT  JERSEY MESH BALLCAP $ 21.27 $22.33 HD166A HD166 NAV FRISCO Shadowfax Graphics FRISCO FIRE DEPT KNIT SKULL CAP W/EMBROIDERED LOGO $ 29.82 $31.31 HD253F 112 NAV/NAV FRIS Shadowfax  Graphics FRISCO FD TWILL W/MESH BACK ADJUSTABLE PLASTIC SNAP  BACKSTRAP W/ OUTLINED LOGO $ 11.09 $11.64 HT4144 HT4144 WHT Shadowfax Graphics FRISCO FIRE PROBATIONARY FF LOGO (FRONT)$                       ‐ HT4145 HT4145 WHT Shadowfax Graphics FRISCO FIRE PROBATIONARY FF LOGO (BACK)$                       ‐ HT4146 HT4146 WHT Shadowfax Graphics FRISCO FIRE PROBATIONARY FF  (FRONT)$                       ‐ SR044A SR044 DKNV W/ IC Shadowfax Graphics SAGINAW FIRE L/S POLO SHIRT ‐B‐DRY  W/ IC $ 60.29 $63.30 ST288F ST288 NAV GLD LG Shadowfax  Graphics FRISCO FIRE SCREENPRINTED COTTON/POLY OPEN BOTTOM  SWEATPANTS $ 26.60 $27.93 ST291W ST291 NAV GLD LG Shadowfax Graphics FRISCO FIRE JERSEY KNIT  SCREENPRINTED PT SHORTS $ 17.73 $18.62 ST464A ST464 DKNV W/ IC Shadowfax Graphics SAGINAW FIRE KNIT POLO SHIRT W/  IC72D $ 54.33 $57.05 TS015F TS015 LSTL LG GLD Shadowfax Graphics FRISCO FIRE HANES L/S  SCREENPRINTED TEE W/PKT $ 15.03 $15.78 TS2262 TS587 EST 201396 Shadowfax Graphics FRISCO FIRE DEPT PROFESSIONAL S/S  T‐SHI $ 28.35 $29.77 TS2263 TS585 EST 201396 Shadowfax Graphics FRISCO FIRE DEPT PROFESSIONAL L/S  T‐SHI $ 34.15 $35.86 TS306F TS306 NAV LG GLD Shadowfax Graphics FRISCO FIRE ULTRA COTTON 100% CTN  L/S SCREENPRINTED TEE W/POCKET $ 16.85 $17.69 TS668F TS668‐FRISCO FIRE Shadowfax Graphics FRISCO FIRE S/S BEEFY TEE SCREENPRINTED  W/PKT $ 16.07 $16.87 TS691F TS691 NAV LG GLD Shadowfax Graphics FRISCO FIRE S/S SCREENPRINTED  COTTON TEE W/POCKET $ 12.01 $12.61 BC366 S511 CD SMITH &  WARREN CO S511 EAGLE FIRE SHIELD BADGE $ 158.46 $171.14 BC947 M263 CD SMITH &  WARREN CO M263 BADGE $ 102.59 $110.80 BW825 S654 CD SMITH &  WARREN CO S654 EAGLE TOP BADGE $ 50.16 $54.17 CB074 C501S 3 GP SMITH &  WARREN CO 3/8IN 3 LETTER CUSTOM COLLAR  BRASS PAIR $ 21.88 $23.63 Page 196 Item 7. NT083 C558 GP SMITH &  WARREN CO C558 NAMEPLATE  2 3/4  X 5/8 $ 18.23 $19.69 SZ2064 S154A CD SMITH &  WARREN CO S154A BADGE $ 77.77 $83.99 RS021 350103 Smith &  Wesson Corp. SMITH WESSON NICKEL CUFFS NO ENGRAVING $ 25.22 $27.24 JX680 ONY673W RED/DK SOUND  UNIFORM  GROUP LLC NT STYLE ZIP SLEEVE W/P COLOR  BLOCK JACKET $ 291.19 $305.75 TR044 OCP588 BLK LG LN SOUND  UNIFORM  GROUP LLC OLYMPIC CYCLING PANTS $ 151.01 $158.56 UA025S A 1IN WEBB TAPE‐SPUR NAME  TAPES SINGLE 1" NAMESTRIP ‐ APPLIED IN  HOUSE $                       ‐$5.00 HW149 F‐40 BLK 612 LO‐1 STRATTON  HATS, INC. FELT CAMPAIGN HAT STANDARD W/  ONE BADGE EYELET $ 143.34 $150.51 FH009 75933 Streamlight LED SAFETY WAND $ 5.78 $6.42 FH308 69260 Streamlight TLR‐1 HL GUN MOUNT $ 151.79 $168.49 FH459 69223 Streamlight STREAMLIGHT CR2 3V LITHIUM  BATTERY, 2 PACK $ 9.35 $10.38 FH480 74750 Streamlight STRION LED HL ‐ LIGHT ONLY $ 93.37 $103.64 FL098 22511 Streamlight Color Wands for Streamlight Flashlights $ 6.60 $7.33 FL308 75662 Streamlight STINGER CLASSIC LED 120V (NICD) $ 138.59 $153.83 FL571 69110 Streamlight TLR‐1 TACTICAL GUN MOUNTED LIGHT $ 124.29 $137.96 FL583 20175 Streamlight SL20X‐LED REPLACEMENT BATTERY $ 47.78 $53.04 FL622 75711 Streamlight STINGER LED STANDARD CHARGE $ 115.49 $128.19 FL652 75811 Streamlight STINGER DS LED STANDARD CHARGE $ 148.49 $164.82 FL858 74303 Streamlight STRION LED FLASHLIGHT $ 118.79 $131.86 ZB924 25170 Streamlight ST01 25170 REPL BATTERY FOR SL20XP $ 47.37 $52.58 ZV996 74903 Streamlight ST01 STRION SAFETY WAND $ 6.60 $7.33 BC1562 77560 STRONG  LEATHER INC SIDE OPEN BADGE CASE  W/CHALLENGE $ 21.42 $22.49 BC257 77400 DIE CUT STRONG  LEATHER INC 77400 DIE CUT PAD STYLE BADGE CASE $ 15.08 $15.83 BC703 807X0 BLK STRONG  LEATHER INC RECESSED DBL CLIP ‐ON HOLDER  VELCRO NO CHAIN $ 130.81 $137.35 BC713 807X7 BLK‐CSTM STRONG  LEATHER INC RECESSED DBL THICK CLIP ‐ON BADGE HOLDER W/CHAIN $ 20.38 $21.40 BC860 72700‐1552 STRONG  LEATHER INC NOTE PAD FOR 1 3/4IN COIN $ 18.36 $19.28 TR047 7011B28 TACT SQUAD GROUP, INC.EMT/POLICE UTILITY TROUSERS $ 38.35 $40.27 Page 197 Item 7. TR608 TR608 DKGY 28 OB TALENT  CREATION SECURITAS MALE POLY/WOOL  TROUSERS $ 374.39 $393.11 JA551 4461Z BLK LG LNG TAYLOR'S LEATHERWEAR INDIANAPOLIS STYLE LEATHER POLICE  JKT W/ ZIP‐OUT THINSULATE LINER $ 363.99 $382.19 JC376 DPD69Z BLK LG LN TAYLOR'S LEATHERWEAR DETROIT STYLE LEATHER COAT $ 389.59 $409.07 JA146 6800 IMPBLU/NVY TRI‐MOUNTAIN TRI MOUNTAIN BACK COUNTRY HEAVYWEIGHT JACKET $ 32.23 $33.84 FT1224 3021036‐001 10 UNDER  ARMOUR UA VALSETZ RTS 1.5 ZIP $ 110.86 $116.40 HD077 1257995 001 UNDER  ARMOUR UA TAC HG HOOD $ 19.97 $20.97 SJ079 1279759‐001‐LG UNDER  ARMOUR UA TAC PERFORMANCE SHORT SLEEVE POLO $ 39.94 $41.94 TS862 1248196 001 LG UNDER  ARMOUR UA TAC TECH L/S T‐SHIRT $ 23.92 $25.12 UA707 1005684‐001 LG UNDER  ARMOUR UNDER ARMOUR TECH T ‐SHIRT $ 19.97 $20.97 UA961 1216007‐001 LG UNDER  ARMOUR UA HEATGEAR TACTICAL  COMPRESSION S/S T‐SHIRT $ 19.97 $20.97 ZX156 UM10315FG‐28X2 UNITED  UNIFORM  MANUFACTURI NG BREECHES LAPD POLY/WOOL UNITED  UNIFORM MFG. BREECHES $ 221.99 $233.09 BC061 B1496 GP V H  BLACKINTON CO. INC. B1496 BADGE $ 90.20 $108.24 BC138 B1794 GP V H  BLACKINTON CO. INC. B1794 BADGE $ 138.36 $166.03 BC161 B544 GP V H  BLACKINTON CO. INC. B544 SM SHIELD BADGE $ 53.93 $64.72 BD849 A2869‐CO KK V H  BLACKINTON CO. INC. 3 CUTOUT BUGLES W/RING ‐ 1‐1/4 DIAMETER $ 41.04 $49.25 BX060 J2‐S GX V H  BLACKINTON CO. INC. J2‐S NAMEBAR W/FC SEAL  ‐ 3 x 5/8  INCH $ 16.06 $19.27 BZ2086 B487 GP V H  BLACKINTON CO. INC. B487 BADGE $ 92.63 $111.16 CB004 A1141 GP V H  BLACKINTON CO. INC. A1141 LIEUTENANT RANK INSIGNIA   3/8 x 1IN ‐  PAIRS $ 17.16 $20.59 CB044 J62 GO V H  BLACKINTON CO. INC. Blackinton Large Lieutenant Bars ‐ PAIR $ 5.54 $6.65 CB046 J64 GO V H  BLACKINTON CO. INC. Blackinton Large Captain Bars ‐ PAIR $ 5.54 $6.65 CB050 J61 AB V H  BLACKINTON CO. INC. Blackinton Small Lieutenant Bars ‐ PAIR $ 5.54 $6.65 Page 198 Item 7. CB052 J63 GO V H  BLACKINTON CO. INC. Blackinton Small Captain Bars ‐ PAIR $ 5.54 $6.65 CB188 A2908 GP V H  BLACKINTON CO. INC. A2908 TWO CROSSED BUGLE COLLAR BRASS $ 21.11 $25.33 CB191 A2907 GP V H  BLACKINTON CO. INC. A2907 THREE CROSSED BUGLES CUT  OUT COLLAR BRASS $ 19.80 $23.76 CB192 A2906 GP V H  BLACKINTON CO. INC. A2906 4 CROSSED BUGLES CUT OUT COLLAR BRASS $ 21.11 $25.33 CB197 A2872 GP V H  BLACKINTON CO. INC. A2872 FOUR CROSSED HORNS W/RAYS INSIGNIA ‐ MIN 2 $ 12.90 $15.48 CB311 VHB2‐1 GP V H  BLACKINTON CO. INC. HAND ASSEMBLED LETTER/NUMBER COMBO INSIGNIA ‐PAIR $ 34.23 $41.08 CB412 A9173 GP V H  BLACKINTON CO. INC. A9173 11/16IN PLAIN HORN COLLAR BRASS $ 17.75 $21.30 CB434 A7291 GP V H  BLACKINTON CO. INC. A7291 FOUR CROSSED BUGLE  INSIGNIA $ 18.33 $22.00 CB845 A2861 GP V H  BLACKINTON CO. INC. A2861 THREE CROSSED BUGLE  INSIGNIA $ 16.41 $19.69 CB859 A2866 GP V H  BLACKINTON CO. INC. A2866 TWO PARALLEL BUGLE PLN INSIGNIA $ 16.41 $19.69 CB939 A2860 GP V H  BLACKINTON CO. INC. A2860 CHIEF HAT BADGE W/FIVE  CROSSED HORNS $ 16.41 $19.69 NT009 J6 GX 2000 V H  BLACKINTON CO. INC. J6 SERVING SINCE BAR $ 14.27 $17.12 NT095 J1 GX BRSH CB V H  BLACKINTON CO. INC. BLACKINTON NAMETAG 1/2IN X 2  1/2IN ONE LINE $ 10.56 $12.67 NT105 J5‐S GX V H  BLACKINTON CO. INC. J5‐S NAME BAR 2 1/4 X1/2IN W/SEAL $ 11.66 $13.99 ZA2046 A2876 GP V H  BLACKINTON CO. INC. A2876 ONE HORN INSIGNIA ‐MIN  ORDER 2 $ 17.75 $21.30 ZA2047 A2873 GP V H  BLACKINTON CO. INC. A2873 THREE CROSSED BUGLE  INSIGNIA $ 18.33 $22.00 ZA2056 A2901 GP V H  BLACKINTON CO. INC. A2901 FIVE HORN INSIGNIA $ 18.33 $22.00 ZA2242 A2874 GP V H  BLACKINTON CO. INC. A2874 TWO CROSSED HORN COLLAR INSIGNIA $ 12.90 $15.48 ZA2450 A2875 GP V H  BLACKINTON CO. INC. A2875 TWO PARALLEL BUGLES 15/16IN COLLAR INSIGNIA $ 14.04 $16.85 Page 199 Item 7. ZA2682 A2886 GP V H  BLACKINTON CO. INC. A2886 FIRE SCRAMBLE SEAL FOR  INSIGNIA ‐ 2 PC MIN $ 12.90 $15.48 ZA2760 A2909 GP V H  BLACKINTON CO. INC. A2909 ONE BUGLE COLLAR PIN EACH $ 17.75 $21.30 ZA3214 A2871 GP V H  BLACKINTON CO. INC. A2871 FIVE HORN INSIGNIA $ 18.33 $22.00 ZA3231 J5 GX V H  BLACKINTON CO. INC. J5 SERIES NAME BAR $ 11.14 $13.37 ZA3368 A4280 GP V H  BLACKINTON CO. INC. A4280 FOUR HORN CENTER 15/16 INSIGNIA $ 15.29 $18.35 ZA3800 A2909‐2 GP V H  BLACKINTON CO. INC. A2909‐2 TWO UPRIGHT HORNS  COLLAR INSIGNIA ‐MIN 2PC $ 28.05 $33.66 ZA3842 A2905 GP V H  BLACKINTON CO. INC. A2905 FIVE CROSSED BUGLES CUT OUT COLLAR INSIGNIA $ 21.11 $25.33 TR1113 F1 VTX1200 BK 28 Vertx FUSION LT STRETCH TACTICAL PANT $ 93.28 $97.94 LP427 410002BK‐L Vista Outdoor Sales, LLC CQC SERPA LOCKING HOLSTER $ 49.09 $51.54 LP607 44H015BW‐L Vista Outdoor Sales, LLC SERPA DUTY HOLSTER FOR TASER X26 $ 57.04 $59.89 LP616 413500BK‐L Vista Outdoor Sales, LLC SERPA LEVEL 2 SPORTSTER HOLSTER $ 27.49 $28.86 LP742 44A000BW Vista Outdoor Sales, LLC DOUBLE MAG POUCH ‐ SINGLE ROW $ 44.56 $46.79 NP562 44A000BK Vista Outdoor Sales, LLC DOUBLE MAG POUCH $ 26.39 $27.71 TE325 38CL63BK Vista Outdoor Sales, LLC SERPA S.T.R.I.K.E. PLATFORM $ 15.79 $16.58 ZY317 333005BK Vista Outdoor Sales, LLC LIGHTWEIGHT BALACLAVA W/NOMEX $ 14.29 $15.00 FX732 RB8605 BLK 10M WARSON  GROUP, INC. REEBOK MENS 6IN SUBLITE CUSHION TACTICAL BOOT $ 99.44 $108.39 FX734 RB8806 BLK 10M WARSON  GROUP, INC. REEBOK MENS 8IN SUBLITE CUSHION TACTICALSIDE ZIP WP BOOT $ 116.01 $126.45 FW515 831‐6031 100 M WEINBRENNER SHOE  COMPANY, INC. POROMERIC ACADEMY OXFORD $ 79.92 $83.92 Page 200 Item 7. FW594 834‐6888 100 M WEINBRENNER SHOE  COMPANY, INC. THOROGOOD SIDE ZIP JUMP BOOT $ 140.80 $147.84 SP143 534‐6908 10M WEINBRENNER SHOE  COMPANY, INC. SHOES OXFORD STYLE WOMENS $ 153.49 $161.16 SP887 834‐6218 10M WEINBRENNER SHOE  COMPANY, INC. DEUCE 6" WATERPROOF SIDE ZIP  QUARTER BOOT $ 117.96 $123.86 GL501 G230LA WILEY X, INC. CAG‐1 COMBAT GLOVE $ 102.34 $107.46 EW159 SF61‐G15‐TT Wolf Peak International  Inc EDGE EYEWEAR FALCON THIN TEMPLE GLASSES ‐ BLK FRAME $ 33.23 $34.89 EW162 SBR61‐G15 Wolf Peak International  Inc EDGE EYEWEAR BLADE RUNNER  GLASSES $ 34.33 $36.05 EW345 TSRG216 Wolf Peak International  Inc EDGE RECLUS EYEWEAR $ 33.23 $34.89 EW538 SF61‐G15 Wolf Peak International  Inc FALCON TACTICAL EYEWEAR BLACK FRAMES $ 34.33 $36.05 UA1928 1180 BLK 14 WOLFMARK  NECKWEAR  CORP TIE MENS CLIP ‐ON TROP POPLIN $ 4.15 $4.36 UX644 001180‐420 WOLFMARK  NECKWEAR  CORP WOLFMARK ZIPPER TIE $ 5.19 $5.45 SR606 FSF3NV‐LG‐00 Workrite  (WWOF) WOMEN'S FIREFIGHTER S/S SHIRT 4.5 OZ/YD2 NOMEX IIIA $ 114.38 $133.82 ST998 FT20HG‐LG‐00 Workrite  (WWOF)WORKRITE TECASAFE L/S POLO $ 113.15 $132.39 SW071 FT10HG‐LG‐00 Workrite  (WWOF)TECASAFE S/S POLO $ 97.44 $114.00 TU481 FP51BK‐02‐35U Workrite  (WWOF) 401NX75 WOMENS NOMEX IIIA FIREFIGHTER PANT $ 136.64 $159.87 ZA2330 FSF0BK‐34‐0R Workrite  (WWOF) MENS CLASSIC L/S NOMEX IIIA FIREFIGHTER SHIRT $ 140.07 $163.88 ZS778 FP50BK‐29‐37U Workrite  (WWOF) 400NX75 NOMEX IIIA FIREFIGHTER  PANT‐ REG A‐CUT REG CUT 400 $ 136.64 $159.87 ZS781 FSF2BK‐32‐00 Workrite  (WWOF)S/S FIREFIGHTER SHIRT NOMEX IIIA $ 114.99 $134.54 ZS796 FP52BK‐28‐37U Workrite  (WWOF) WORKRITE NOMEX IIIA INDUSTRIAL  PANT FULLER CUT 402 $ 140.35 $164.21 ZV752 FSC2BK‐32‐00 Workrite  (WWOF)CHIEF S/S SHIRT ‐ NOMEX IIIA $ 238.95 $279.57 ZW020 FSC0BK‐38‐0R Workrite  (WWOF) WORKRITE NOMEX IIIA L/S CHIEF  SHIRT $ 137.25 $160.58 ZW173 FP70BK‐LG‐37U Workrite  (WWOF) 475NX 7.5 OZ NOMEX IIIA RESCUE  PANT $ 183.00 $214.11 Page 201 Item 7. Page 1 of 1 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Mario Canizares, Town Manager Re: MES Air-Pak X3 SCBA Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of 13 Air-Pak X3 Pro SCBA’s from Municipal Emergency Services through the National Purchasing Partners (NPP) program. Description of Agenda Item: Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of governments (such as purchasing necessary materials and equipment). In June 2005, the Town of Prosper entered an Interlocal Participation Agreement, which authorized the Town’s participation in the Texas Local Government Purchasing Cooperation National Purchasing Partners (NPP) program for the purchasing of goods and services through the cooperative’s online purchasing system. Being a part of this program allows the Town to purchase the SCBA’s while also meeting all competitive bid requirements. Budget Impact: The total expenditure for this purchase is $115,635.00. This expenditure was approved in the FY24 budget approved by the Town Council and will be funded from Account No. 100-6140-30- 01. Attached Documents: 1. MES Quote Town Staff Recommendation: Staff recommends approving the purchase of 13 Air-Pak X3 Pro SCBA’s from Municipal Emergency Services through the National Purchasing Partners (NPP) program. Proposed Motion: I move to approve the purchase of 13 Air-Pak X3 Pro SCBA’s from Municipal Emergency Services through the National Purchasing Partners (NPP) program. FIRE DEPARTMENT Page 202 Item 8. (877) 637-3473 Quote Quote #QT1740669 Date 10/02/2023 QT1740669 Page 1 of 1 Bill To Town of Prosper P.O. BOX 307 PROSPER TX 75078 United States Expires 11/03/2023 Sales Rep Cousins, Grant Shipping Method FedEx Ground Customer Town of Prosper (TX) Customer # C32429 Ship To Chris Hall PROSPER FIRE DEPARTMENT 1500 East 1st Street Prosper TX 75078 United States Item Alt. Item #Units Description QTY Unit Price Amount X8814025301A03 Air-Pak X3 Pro SCBA (2018 Edition) with CGA, Parachute Buckles, 4.5, Standard, No Accessory Pouch, E-Z Flo+ Regulator with Quick Disconnect Hose (Rectus-type fittings), Universal EBSS, None, Yes (with UEBSS Pouch), SEMS II Pro, No Case, 1 SCBA Per Box 13 $8,895.00 $115,635.00 Chris Hall 972.347.2424 chall@prospertx.gov MES NPP/GOV SCBA Contract #PS20120 Town of Prosper Account # 100478 **Shipping will be calculated at time of invoicing** Subtotal $115,635.00 Shipping Cost $0.00 Tax Total $0.00 Total $115,635.00 This Quotation is subject to any applicable sales tax and shipping and handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. Page 203 Item 8. Page 1 of 1 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Mario Canizares, Town Manager Re: Siddons-Martin Emergency Group, LLC – Apparatus Maintenance and Repairs Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving funding for expenses of scheduled and unscheduled maintenance and repairs by Siddons-Martin Emergency Group, LLC to fire department apparatus including fire engines and aerial trucks. Description of Agenda Item: This purchase will provide funding necessary for scheduled and unscheduled maintenance and repairs to fire department apparatus. Siddons-Martin Emergency Group, LLC is the exclusive dealer for the sale, service, parts, and warranty of custom and commercial fire apparatus by Pierce in the state of Texas. Budget Impact: The estimated annual expenditure for this service is $140,000.00 and will be funded through the FY24 operating budget account number 100-5350-30-01. Attached Documents: 1. Sole Source Letter Town Staff Recommendation: Town Staff recommends approving funding for expenses of scheduled and unscheduled maintenance and repairs by Siddons-Martin Emergency Group, LLC to fire department apparatus including fire engines and aerial trucks. Proposed Motion: I move to approve funding for expenses of scheduled and unscheduled maintenance and repairs by Siddons-Martin Emergency Group, LLC to fire department apparatus including fire engines and aerial trucks. FIRE DEPARTMENT Page 204 Item 9. PIERCE MANUFACTURING INC. AN OSHKOSH CORPORATION COMPANY • ISO 9001 CERTIFIED 2600 AMERICAN DRIVE POST OFFICE BOX 2017 APPLETON, WISCONSIN 54912-2017 920-832-3000 • FAX 920-832-3208 www.piercemfg.com January 13, 2023 RE: Sole Source To whom it may concern: To provide you with the personalized level of sales, service, and warranty you deserve, Pierce has established a network of authorized dealers throughout the country. Siddons-Martin Emergency Group, LLC is the exclusive dealer for the sale, service, parts, and warranty of custom and commercial fire apparatus manufactured by Pierce in the states of Texas, Louisiana, New Mexico, Utah, and Nevada (except for Clark County in Nevada). Siddons-Martin Emergency Group, LLC is extremely qualified to provide you with the support you have come to expect from Pierce and has service & warranty facilities located in each state they represent. Please contact Siddons-Martin Emergency Group, LLC direct for Sales support or visit their website for more information at www.siddonsmartin.com. Sincerely, Charley Hopp Manager – Contracts and Sales Support Pierce Manufacturing Inc. Page 205 Item 9. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Professional Services Agreement: On-Call Traffic Engineering Services (Lee Engineering, LLC) Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to providing on-call traffic engineering services. Description of Agenda Item: With the continued growth of the Town and increase in traffic related issues around Town, it is necessary to continue having a traffic engineering firm on-call to assist with requests for traffic signal timing, traffic counts, signal warrant studies, traffic impact analysis, and other traffic engineering related services. The attached agreement allocates $50,000 for Lee Engineering, LLC, to perform work on an on-call basis as issues arise through approval of individual Task Orders. Each individual Task Orders allows specific traffic engineering tasks to be identified, scoped, assigned, and executed as long as there is available funding in the agreement. This will be the third year that the use of individual Task Orders was approved in the on-call traffic engineering services agreement with Lee Engineering. Prior to utilizing the individual Task Orders, each specific traffic engineering task required approval of a separate Professional Services Agreement by either the Town Council or Town Manager, depending on the amount of the expenditure required to complete the scope of work. Through the approval of a single Professional Services Agreement that provides for the use of individual Task Orders, the timing for obtaining approval to proceed with individual traffic engineering tasks has been reduced from approximately 20 days to less than 5 days. At the April 9, 2019, Town Council meeting, the Town Council approved a list of qualified engineering firms, which included services for traffic engineering. Lee Engineering, LLC, is included on the list and has successfully completed several projects for the Town including on-call traffic engineering services the last four (4) years. Lee Engineering, LLC, is also on the recommended list of qualified engineering firms for approval by the Town Council at tonight’s Town Council meeting. ENGINEERING SERVICES Page 206 Item 10. Page 2 of 2 Budget Impact: The FY 2023-2024 Engineering Services Department budget includes $50,000 in Professional Services for traffic engineering services and will be funded from Account Number 100-5410-98- 01. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to providing on-call traffic engineering services. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to providing on-call traffic engineering services. Page 207 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 1 of 13 On-Call Traffic Engineering Services PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE ON-CALL TRAFFIC ENGINEERING SERVICES PROJECT This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Lee Engineering, LLC, an Arizona Corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties .” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the On-Call Traffic Engineering Services Project, hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect for one year. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Fifty Thousand ($50,000.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub - consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant Page 208 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 2 of 13 On-Call Traffic Engineering Services within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without C onsultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent inf ormation for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND Page 209 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 3 of 13 On-Call Traffic Engineering Services RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Lee Engineering, LLC Dharmesh Shah, PE, PTOE Vice President 3030 LBJ Freeway, Suite 1660 Dallas, TX 75234 dshah@lee-eng.com Town of Prosper Mario Canizares, Town Manager PO Box 307 Prosper, TX 75078 mcanizares@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. Page 210 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 4 of 13 On-Call Traffic Engineering Services 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. LEE ENGINEERING, LLC By: Signature Dharmesh Shah, PE, PTOE Printed Name Vice President Title Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date September 19, 2023 Page 211 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 5 of 13 On-Call Traffic Engineering Services EXHIBIT A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE ON-CALL TRAFFIC ENGINEERING SERVICES PROJECT 1. PROJECT DESCRIPTION Consultant shall perform work on an on-call basis in the following areas, as directed by Town in writing evidenced by the issuance of a duly-executed Individual Task Order. Consultant will perform professional engineering services in the following categories: A. Traffic Signal Timing – Perform duties necessary to prepare traffic signal timing plans. Timing plans may be prepared using traditional methods as well using traffic signal performance measures. Timing plans could be prepared on a corridor or town-wide basis as well as for isolated intersections. B. Traffic Engineering Studies – Duties could include conducting signal warrant studies, review of traffic impact studies, neighborhood traffic studies, safety studies, wayfinding studies, pedestrian/bicycle studies, sight distance studies, traffic volume studies, speed studies, corridor studies, development and/or evaluation of special event traffic control plans, traffic simulation or other traffic engineering related studies. Consultant will be required to collect necessary data, conduct the evaluation and document the study methodology, analysis and results in a report. The Town may require the Consultant to present the study results at a Town Council meeting. C. Traffic Engineering Design – Perform duties necessary to prepare PS&E packages for the construction/installation of various traffic control devices, pavement markings, and signing. 2. INDIVIDUAL TASK ORDERS A. Issuance of Individual Task Orders – Town will issue in writing an Individual Task Order to consultant, authorizing Consultant to perform work under this Agreement. Consultant shall not perform work and/or services outside the Scope of Services of the Agreement. All work authorized by Town shall be issued as a duly-executed, written Individual Task Order. An example of Individual Task Orders to be issued by Town under this Agreement is provided in Attachment A to this Scope of Services. B. Issuance of Task Orders across Project Categories – Town, at its sole discretion, will issue Individual Task Orders to Consultant, authorizing work in a specific category as defined in the Scope of Services or among various work categories defined in the Scope of Services. Town reserves the right to solely determine the issuance of Individual Task Orders to Consultant for work in all applicable work categories or among specific work categories, for any reason or no reason at all. Page 212 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 6 of 13 On-Call Traffic Engineering Services EXHIBIT A SCOPE OF SERVICES 3. CONTRACT AMENDMENTS A. All Task Orders authorizing work under this Agreement shall be within the limits as stated in the Agreement. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit A, in the form of written contract amendments, may be authorized from time to time by Town. B. All contract amendments to the Agreement are to in accordance with Article 1 of the Agreement. C. Consultant shall not perform work and/or services authorized by Task Order that are not defined within Exhibit A, Scope of Services of the Agreement. 4. ATTACHMENTS A. Attachment A, Town of Prosper Task Order for On-Call Professional Traffic Engineering Services. Page 213 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 7 of 13 On-Call Traffic Engineering Services EXHIBIT A SCOPE OF SERVICES ATTACHMENT A TASK ORDER Insert Project Title/Description THIS TASK ORDER is made pursuant to the terms and conditions of the Professional Services Agreement (“Agreement”) entered into by and between the Town of Prosper (“Town”) and Lee Engineering, LLC. (“Consultant”). I. ARTICLE 1. Consultant will perform the on-call professional traffic engineering services in accordance with the Agreement and the Scope of Services / Compensation Schedule / Budget Summary attached hereto as Exhibit A and incorporated herein by reference for all purposes. II. ARTICLE 2. Compensation for this Task Order shall be on a type basis, not to exceed Dollar Amount Specified and 00/100 Dollars ($ 0.00), and shall be paid in accordance with Article 3 of the Agreement and the Scope of Services / Compensation Schedule / Budget Summary as set forth in Exhibit A of the Task Order. Consultant shall not exceed the amount specified in this Task Order without the issuance of a supplemental Task Order issued by Town in writing to Consultant. III. ARTICLE 3. Town and Consultant agree that Town will withhold payment of the final five percent (5%) of Consultant’s Fee for work authorized by this Task Order, or Dollar Amount Specified and 00/100 Dollars ($ 0.00), pending the Consultant’s completion of the Record Documents and/or “As -Built” Documents for the authorized work. IV. ARTICLE 4. This Task Order shall become effective on the latest date as reflected by the signatures below and shall terminate on Day, Month, Year unless extended by a supplemental Task Order issued by Town in writing to Consultant. V. ARTICLE 5. Town Project number and the Project Account Code are the following: Town CIP Number: Town Project Account Code: VI. ARTICLE 6. Upon execution of this Task Order, the funds available under the Agreement are revised to the following: Current Project Budget (As Revised by Approved Task Orders): $ Approved Work by this Task Order: $ Revised Project Budget: $ Page 214 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 8 of 13 On-Call Traffic Engineering Services EXHIBIT A SCOPE OF SERVICES ATTACHMENT A VII.ARTICLE 7. The following exhibits are attached below and made a part of this Task Order: A.Exhibit A, Scope of Services/ Compensation Schedule/Budget Summary. VIII. ARTICLE 8. This Task Order does not waive the parties’ responsibilities and obligations provided under the Agreement. IN WITNESS WHEREOF, the parties have executed this Task Order and caused this Task Order to be effective on the latest day as reflected by the signatures below. Town: CONSULTANT: Town of Prosper, Texas Lee Engineering, LLC An Arizona Corporation By: Chuck Ewings Assistant Town Manager Date: By: Dharmesh Shah Vice President Date: Page 215 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 9 of 13 On-Call Traffic Engineering Services EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE ON-CALL TRAFFIC ENGINEERING SERVICES PROJECT I. COMPENSATION SCHEDULE/PROJECT BILLING SUMMARY MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED Town Manager to execute the October 10, 2023 -- Agreement; Town issues Notice to Proceed to Consultant. October 20, 2023 -- Consultant’s receipt of fully executed Agreement. Consultant to perform services as October 20, 2023 authorized by Town ’s issuance of Through $ written Task Orders (Work and September 30, 2024 payment schedule shall be as defined in the authorized Task Orders). Expiration of Agreement; September 30, 2024 -- Approximately eleven (11) months from the execution of the agreement. GRAND TOTAL, CONSULTANT’S FEE (NOT-TO-EXCEED) II. PROJECT BUDGET SUMMARY. A. Basic Services. 1. Work Authorized by written Task Orders. $50,000.00 2. Total Basic Services (Not-to-Exceed). $50,000.00 B. Grand Total, Consultant’s Fee (Not-to-Exceed). $50,000.00 Page 216 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 10 of 13 On-Call Traffic Engineering Services EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to person s or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Page 217 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 11 of 13 On-Call Traffic Engineering Services D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 218 Item 10. Page 219 Item 10. Town of Prosper, Texas – Professional Services Agreement Page 13 of 13 On-Call Traffic Engineering Services EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE Lee Engineering, LLC N/A X X N/A 10/01/2023 Page 220 Item 10. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: License, Maintenance, and Hold Harmless Agreement (390 West Broadway: Blackhawk Brewery) Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 2. Development of Downtown as Destination Agenda Item: Consider and act upon authorizing the Town Manager to execute a License, Maintenance, and Hold Harmless Agreement between 390 West Broadway LLC, and the Town of Prosper, Texas, related to the installation and maintenance of a patio within the right-of-way of McKinley Street for the Blackhawk Brewery development. Description of Agenda Item: 390 West Broadway LLC, is developing the Blackhawk Brewery on the northeast corner of McKinley Street and Broadway in Downtown Prosper. As part of the design plans for the new building, there is a patio proposed on the western side of the building adjacent to McKinley Street. The width of the patio is shown as 12’-8” (12.67’), however the site plan shows only 10.91’ of available property from the western edge of the new building to the right-of-way of McKinley Street. In order to construct the patio as proposed, there would be an approximate 2’ encroachment into the right-of-way of McKinley Street as shown in the attached exhibit. Since the improvements are proposed to be located within the right-of-way of McKinley Street, the attached agreement would allow the Blackhawk Brewery development to construct and maintain that portion of the proposed patio in the right-of-way of McKinley Street. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. License, Maintenance, and Hold Harmless Agreement 2. Patio Encroachment Exhibit ENGINEERING SERVICES Page 221 Item 11. Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a License, Maintenance, and Hold Harmless Agreement between 390 West Broadway LLC, and the Town of Prosper, Texas, related to the installation and maintenance of a patio within the right-of-way of McKinley Street for the Blackhawk Brewery development. Proposed Motion: I move to authorize the Town Manager to execute a License, Maintenance, and Hold Harmless Agreement between 390 West Broadway LLC, and the Town of Prosper, Texas, related to the installation and maintenance of a patio within the right-of-way of McKinley Street for the Blackhawk Brewery development. Page 222 Item 11. Page 223 Item 11. Page 224 Item 11. Page 225 Item 11. Page 226 Item 11. Page 227 Item 11. McKINLEY STREETVARIABLE WIDTHRIGHT-OF-WAY65465310.91' 10.89' EX CURB INLET PROP PATIO 11.7' 12.84'3.5'39.08'PROP. SILO R3'39.08'16.6'PROP RET WALL W/ HANDRAIL PER DESIGN BUILD 64 SF. R.O.W. ENCROACHMENT 1.92'RIGHT OF WAY ENCROACHMENTEXHIBITR.O.W.-EX. DATE: SHEET File No. 06/01/2021 CHECKED:ASD DRAWN:RDS DESIGN:ASDBGREA BROADWAY RETAILPHASE II360 & 370 W BROADWAY STREETPROSPER, TEXAS1105 CHEEK SPARGER RD. SUITE #1PHONE: 817.281.0572TEXAS REGISTRATION #14199 2021-05601/25/20231BLDG 2 SFRDSCOUNTY SURVEY:ABSTRACT NO. COLLIN COUNTY SCHOOL 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT/ENGINEER: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 BROWN & GRIFFIN REAL ESTATE ADVISORS, LP 1061 N. COLEMAN ST PROSPER, TX 75078 PH: CASE #: CONTACT NAME: LUKE BROWN CONTACT NAME: MATT MOORE COLLIN LOT 2, OF BLOCK A, LOTS 1R & 2 OF SILO PARK ADDITION, AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2020, PAGE 67, PLAT RECORDS, COLLIN COUNTY, TEXAS. SURVEYOR EAGLE SURVEYING, LLC 210 SOUTH ELM STREET, SUITE 104 DENTON, TX 76201 PH: 940.222.3009 CONTACT NAME: DAN RICK GENERAL SITE PLAN NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.REFER TO ARCHITECTURAL PLANS FOR BUILDING DIMENSIONS AND EXACT DOOR LOCATIONS. 3.REFER TO ARCHITECTURAL PLANS FOR FENCE AND GATE DETAILS. BENCHMARKS: NO. 1 "X-CUT" AT THE CENTER OF CURB RETURN ON THE NORTHEAST CORNER OF E BROADWAY STREET AND MCKINLEY STREET. ELEV: 654.18' NO. 2 "X-CUT AT THE CENTER OF THE EAST CURB RETURN LOCATED ON THE SOUTH SIDE OF E BROADWAY STREET APPROXIMATELY 230' EAST OF THE INTERSECTION OF E BROADWAY STREET AND MCKINLEY STREET ELEV: 655.10' VICINITY MAP N.T.S. SITE 0 GRAPHIC SCALE 1 inch = ft. 5 5 10 5 2.5 Page 228 Item 11. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Roadway Impact Fees Reimbursement Agreement (DNT Frontier Retail Center) Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Roadway Impact Fee Agreement between DNT Frontier, LP, and the Town of Prosper, Texas, related to the construction of the DNT Backer Road to serve the DNT Frontier Retail Center development. Description of Agenda Item: DNT Frontier LP., is developing DNT Frontier Retail Center south of Frontier Parkway and east of the Dallas North Tollway. In order to facilitate the development, they have agreed to construct the DNT Backer Road adjacent to their development from Frontier Parkway to the southern property line of the development as shown on Exhibit B in the agreement. Exhibit B also shows the extension of the DNT Backer Road, from the southern property line of the DNT Frontier Retail Center development to Waterview Drive in the Lakes of Prosper North development, which is being handled through a separate agreement between the Prosper Economic Development Corporation and H-E-B. Since the proposed roadway is depicted on the Town of Prosper Thoroughfare Plan, the actual costs for the design and construction of the improvements are eligible for reimbursement of roadway impact fees collected by the developments. The purpose of the Roadway Impact Fee Agreement is to outline the obligations of the Town of Prosper, and DNT Frontier, LP, related to the design, construction, and reimbursement of collected roadway impact fees to fund the projects. Budget Impact: The total estimated cost for the design and construction of the DNT Backer Road is $2,152,156.50. The current anticipated roadway impact fees owed by the DNT Frontier Retail Center development as well as the adjacent property to the east also included in the area of reimbursement is $2,579,931.60. In the event that full credits and reimbursements have not been made to DNT Frontier, LP, by the Town after the expiration of ten (10) years from the date of the Town’s acceptance of the roadway, the Town will reimburse DNT Frontier, LP, any shortfall. ENGINEERING SERVICES Page 229 Item 12. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. DNT Frontier, LP, will contribute up to $2,000 towards the legal preparation fees. Attached Documents: 1. Town of Prosper Thoroughfare Plan 2. Roadway Impact Fee Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Roadway Impact Fee Agreement between DNT Frontier, LP, and the Town of Prosper, Texas, related to the construction of the DNT Backer Road to serve the DNT Frontier Retail Center development. Proposed Motion: I move to authorize the Town Manager to execute a Roadway Impact Fee Agreement between DNT Frontier, LP, and the Town of Prosper, Texas, related to the construction of the DNT Backer Road to serve the DNT Frontier Retail Center development. Page 230 Item 12. Town of Prosper Thoroughfare Plan (DNT Frontier Retail Center) Page 231 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 1 ROADWAY IMPACT FEE AGREEMENT (DNT FRONTIER RETAIL CENTER) THIS ROADWAY IMPACT FEE AGREEMENT (“Agreement”) is made and entered into this ___ day of October, 2023 (“Effective Date”), by and between the Town of Prosper, Texas (“Prosper” or the “Town”), and DNT Frontier, LP, a Texas limited partnership (the “Developer”), individually referred to as a “Party” and collectively referred to as the “Parties.” W I T N E S S E T H: WHEREAS, the Developer is developing a project in the Town known as DNT Frontier Retail Center (“FRC”); and which development contains multiple development phases; and WHEREAS, the legal descriptions of the FRC property (“Property”) are attached hereto as Exhibit A; and WHEREAS, the Town and the Developer wish to address the construction of improvements to certain roadways as well as the timing, construction and payment of associated costs thereof, related to FRC; and WHEREAS, the Town and the Developer acknowledge that the construction of roadways to and in FRC is desirable; however, both Parties recognize the capital costs associated with the proposed construction; and WHEREAS, the Town and the Developer have agreed to the construction of certain DNT Backer Road improvements (“DNT Backer Road Improvements”), with each party having certain obligations related thereto, as depicted in attached Exhibit B and incorporated by reference, with cost estimates and impact fee estimates for the Property described in attached Exhibit D, also incorporated by reference; and WHEREAS, the Town has adopted a Roadway Capital Improvements Plan (“Roadway CIP”) as part of its impact fee ordinance, contained in Article 10.02 of Chapter 10 of the Town’s Code of Ordinances, as amended, all of which was adopted pursuant to the authority contained in Chapter 395 of the Texas Local Government Code, as amended, and the Parties agree and acknowledge that the DNT Backer Road subject to this Agreement is reflected on the Town’s Roadway CIP; and WHEREAS, in an effort to facilitate the construction of roadways serving FRC, the parties have agreed to the terms and provisions of this Agreement; and WHEREAS, this Agreement clearly is in the best interests of the Town and the Developer and it is deemed mutually beneficial to each that the construction of roadways to and in FRC proceed uniformly; and Page 232 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 2 NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Town and the Developer covenant and agree as follows: 1. Roadway Impact Fees and Roadway Improvements. (a) Subject to the provisions of this Paragraph 1 and this Agreement, the Property will be assessed roadway impact fees at the rates then in effect pursuant to the Impact Fee Ordinance as it presently exists or may be subsequently amended (the “Roadway Impact Fees”). (b) The Developer shall, at its sole cost and expense, except as provided in Paragraph 3, below, construct and install approximately 1,280 LF of 37’ wide, 7” thick concrete reinforced road with underground drainage from Frontier Parkway to the southern property line of the Property, as generally depicted on Exhibit B, attached hereto and incorporated herein for all purposes (collectively referred to herein as the “Roadway Improvements”). (c) The Developer shall bid the construction of the Roadway Improvements as shown in the related construction plans set with three (3) qualified contractors and shall provide copies of the bids received for such items to Town within five (5) business days of the Developer’s receipt of same. The Developer shall: (i) execute a contract for the construction of the Roadway Improvements with the lowest responsible bidder, as mutually and reasonably determined by Town and the Developer; (ii) commence, or cause to be commenced, construction of the Roadway Improvements within the project development schedule following: (A) the execution of this Agreement and all of the Third Party Roadway Project Rights-of-way; and (B) approval of the Roadway Improvements’ engineering plans, specifications and designs by Town’s Engineer, which approval shall not be unreasonably withheld or delayed; (iii) construct the Roadway Improvements in accordance with Town- approved engineering plans, specifications and designs; and (iv) complete the Roadway Improvements and obtain Town’s acceptance of same prior to Town’s final acceptance of the Roadway Improvements. (d) The Developer represents that the estimated Roadway Improvements construction costs are Two Million One Hundred Fifty-Two Thousand One Hundred Fifty- Six and 50/100 Dollars ($2,152,156.50), as more particularly described in Exhibit D, attached hereto and incorporated herein for all purposes (the “Estimated Construction Costs”). The Developer acknowledges and agrees that Town is relying on the Developer’s engineer’s representation and warranty that the Estimated Construction Costs are as described in Exhibit D. Prior to receiving any credit described in Paragraph 3 or reimbursement described in Paragraph 4 below, the Developer shall tender to Town evidence, in a form(s) reasonably acceptable to Town, that all of the Roadway Improvements construction costs (the “Roadway Improvement Costs”) have been paid by the Developer, including but not limited to, Affidavits of Payment/Affidavits as to Debts and Liens and any other evidence reasonably required by Town (“Evidence of Payment(s)”). Page 233 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 3 2. Roadway Impact Fees and Impact Fee Credits. Builders on the Property shall be subject to and shall pay the Town roadway impact fees, pursuant to applicable provisions of the Town’s Code of Ordinances, as amended; however, provided the Developer constructs, and the Town accepts, the Roadway Improvements contemplated by this Agreement, the Developer shall receive roadway impact fee credits and reimbursements up to the amount of the eligible construction costs incurred by the Developer for the construction of the Roadway Improvements. For purposes of this Agreement, “construction costs” shall mean the actual costs of constructing the Roadway Improvements (roadway and storm drainage), including, but not limited to, design costs, labor and material costs, engineering costs, surveying costs and geotechnical material testing costs associated with the Roadway Improvements. No Roadway Impact Fee Credits and/or Reimbursements from Roadway Impact Fees shall be made until a final accounting of all incurred construction costs are approved by the Developer and Town’s Engineer, which review and approval shall not be unreasonably withheld, conditioned or delayed. 3. Credits from Roadway Impact Fees if the Developer Builds on the Property. In the event the Developer builds on the Property and is required to pay Roadway Impact Fees to the Town, then Developer shall not be required to pay such Roadway Impact Fees and shall receive a Roadway Impact Fee credit at the time when Roadway Impact Fees are otherwise due and owing the Town. In no event shall any such Roadway Impact Fee credit exceed the Roadway Improvement Costs incurred by the Developer. 4. Reimbursements from Roadway Impact Fees. Any reimbursement to Developer contemplated by this Agreement from someone other than the Developer, who shall receive credit of roadway impact fees as stated in Paragraph 3, shall come only from Roadway Impact Fees collected by the Town from eligible development expenses as described in this Agreement within FRC in the service area to be served by the Roadway Improvements as shown on Exhibit C, attached hereto. The Town will use its reasonable efforts to pay the Developer any reimbursement quarterly and as applicable, on January 15, April 15, July 15, and October 15 of each year beginning the first quarterly date after the Town accepts the Roadway Improvements. The reimbursement of roadway impact fees for the Roadway Improvements shall cease when the amount of credits and reimbursement equals the total sum of the construction costs as defined above. Attached hereto and incorporated by reference is Exhibit D, which exhibit reflects the current Estimated Construction Costs and anticipated roadway impact fees to be collected by Town and reimbursed to the Developer by the Town. 5. Understanding of the Parties Regarding Impact Fees Collected. The Developer and the Town acknowledge and agree that: (i) the roadway impact fees collected may be less than the roadway impact fee reimbursements to which the Developer is entitled; and (ii) roadway impact fees owed on the Property shall be paid in accordance with the Town’s impact fee ordinance, as amended. Page 234 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 4 6. Assignment. The Developer shall have the right to assign this Agreement, in whole or in part, only to one or more parties purchasing undeveloped portions of FRC, which party (or parties) shall have the option to construct the Roadway Improvements located in such portions. As to the sale of land by the Developer to any party to whom this Agreement has not been assigned, in whole or in part, the purchaser thereof shall have no rights or obligations under this Agreement and this Agreement shall not apply with respect to such land. This Agreement shall not be filed of record. 7. Default. If the Developer fails to comply with any provision of this Agreement after receiving thirty (30) days’ written notice to comply from Town or such longer period as may be reasonably necessary provided that the Developer commences to cure the default or breach within the 30-day period and proceeds with reasonable diligence thereafter to complete such cure, then so long as such default continues and is not cured, Town shall have the following remedies, in addition to Town’s other rights and remedies: (a) to refuse to accept any public improvements as to the applicable portion of FRC to which the default relates (provided however the Town shall not be entitled to rescind any prior acceptance of public improvements); and/or (b) to construct and/or complete the Roadway Improvements and to recover any and all reasonable, necessary and actual costs and expenses associated with the construction and/or completion of same, including, but not limited to, any and all reasonable and necessary attorney’s fees and costs associated therewith; and/or (c) to seek specific enforcement of this Agreement. In the event the Developer does commence construction of the Roadway Improvements within sixty (60) days after Town issues the applicable construction permits but fails to complete construction of the Roadway Improvements within two (2) years after commencement of construction, such failure may be declared a default, in the Town’s sole discretion, with no requirement of notice, as referenced in Paragraph. In such event, the Developer shall not be eligible for Credits or Reimbursements from Roadway Impact Fees for the construction costs incurred by the Developer for the Roadway Improvements until such time as the Roadway Improvements has been accepted by the Town and full payment has been made to any person or business entity that has completed the Roadway Improvements after the Developer’s default. In the event Town fails to comply with the terms and conditions of this Agreement, the Developer may seek specific enforcement of this Agreement and/or bring suit to recover any amounts due and owing hereunder (but not consequential or punitive damages) as its sole and exclusive remedies. 8. Other Applicable Development Ordinances. Unless otherwise expressly stipulated in this Agreement, nothing herein shall relieve any developer from responsibilities for the construction of other public improvements under applicable development ordinances of the Town. Page 235 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 5 9. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Collin County, Texas. Venue for any action arising under this Agreement shall lie in Collin County, Texas. 10. Notices. Any notices required or permitted to be given hereunder shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper, Texas P.O. Box 307 Prosper, Texas 75078 Attn: Town Manager’s Office Email: If to the Developer: DNT Frontier, LP 4215 W. Lovers Lane, Suite 250 Dallas, TX 75209 Attn: David Fogel Email: David@dsfcapital.com 11. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 12. Sovereign Immunity. The Parties agree that Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement; however, for purposes of enforcement of this Agreement, the Town agrees that it has waived its sovereign immunity, and to that extent only. 13. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 14. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Page 236 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 6 15. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Electronic signatures shall be binding and shall have the same force an effect as an original signature. 16. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against either Party. 17. Savings/Severability. Invalidation of any one of the provisions of this document by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 18. Notification of Sale or Transfer. The Developer shall notify the Town in writing of a sale or transfer of all or any portion of the Property where the Developer plans to assign all or a portion of this Agreement, as contemplated herein, within ten (10) business days of such sale or transfer. 19. Authority to Execute. The Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. The Developer warrants and represents that the individual executing this Agreement on behalf of the Developer has full authority to execute this Agreement and bind the Developer to the same. This Agreement is and shall be binding upon the Developer, its successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any interest now or in the future. 20. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to mediation. 21. Indemnification. FROM THE EFFECTIVE DATE OF THIS AGREEMENT TO THE DATE ON WHICH ALL WORK WITH RESPECT TO A ROADWAY IMPROVEMENTS IS COMPLETED AND ALL IMPROVEMENTS, AS CONTEMPLATED HEREIN, HAVE BEEN ACCEPTED BY THE TOWN, THE DEVELOPER DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL ACTUAL DAMAGES (BUT NOT CONSEQUENTIAL OR PUNITIVE DAMAGES), INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE) LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE GROSSLY NEGLIGENT, AND/OR Page 237 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 7 INTENTIONAL ACT AND/OR OMISSION OF THE DEVELOPER, OR ANY OTHER THIRD PARTIES FOR WHOM THE DEVELOPER ENGAGED, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE CONSTRUCTION OF THE ROADWAY IMPROVEMENTS CONTEMPLATED HEREIN (HEREINAFTER “CLAIMS”). THE DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND THE TOWN AGAINST ALL SUCH CLAIMS ARISING UNDER THIS AGREEMENT, AND THE TOWN IS REQUIRED TO REASONABLY COOPERATE AND ASSIST DEVELOPER(S) IN PROVIDING SUCH DEFENSE. THE DEVELOPER SHALL NOT BE REQUIRED TO INDEMNIFY THE TOWN FROM CLAIMS CAUSED IN WHOLE OR IN PART BY THE TOWN’S NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACTS AND/OR OMISSIONS, OR ANY OTHER THIRD PARTIES FOR WHOM THE TOWN ENGAGED. 22. Approval of Counsel. In its reasonable discretion, the Town shall have the right to approve counsel to be retained by the Developer in fulfilling its obligation hereunder to defend and indemnify the Town. The Town reserves the right to provide a portion or all of its’ own defense, at its sole cost; however, the Town is under no obligation to do so. Any such action by the Town is not to be construed as a waiver of the Developer’s obligation to defend the Town or as a waiver of the Developer’s obligation to indemnify the Town pursuant to this Agreement. The Developer shall retain Town-approved defense counsel within ten (10) business days of the Town’s written notice that the Town is invoking its right to indemnification under this Agreement. 23. Survival. Paragraph 21, “Indemnification,” shall survive the termination of this Agreement. 24. Additional Representations. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had the opportunity to confer with its counsel. 25. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. 26. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. 27. Applicability of Town Ordinances. The signatories hereto shall be subject to all applicable ordinances of the Town, whether now existing or in the future arising. Page 238 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 8 28. Rough Proportionality. The Developer hereby agrees that any land or property donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property is roughly proportional to the need for such land and the Developer hereby waives any claim therefor that it may have. The Developer further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Both the Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. 29. Attorney’s Fees. The Developer agrees to pay, or cause to be paid, to Prosper reasonable attorney’s fees charged to the Town by the Town’s legal counsel for, among other things, legal review and revision of this Agreement and all further agreements, ordinances or resolutions contemplated by this Agreement, negotiations and discussions with Developer’s attorney and the provision of advice to applicable Prosper Town Staff and the Prosper Town Council, in an amount not to exceed $2,000.00 within ten (10) days upon receipt of an invoice of same from the Town. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] Page 239 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 9 IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed as of the Effective Date. THE TOWN OF PROSPER, TEXAS By: Name: Mario Canizares Title: Town Manager STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the _____ day of ________, 2023, by Mario Canizares, Town Manager for the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. Notary Public, State of Texas My commission expires: _________________ Page 240 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 10 Page 241 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 11 EXHIBIT A (Property Legal Description) Page 242 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 12 EXHIBIT B (Roadway Improvements to be Constructed by Developer) Page 243 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 13 EXHIBIT C (Area of Reimbursement) Page 244 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 14 EXHIBIT D (Estimated Construction Costs and Anticipated Roadway Impact Fees) Page 245 Item 12. ROADWAY IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 15 EXHIBIT D (Estimated Construction Costs and Anticipated Roadway Impact Fees) Anticipated Roadway Impact Fees Page 246 Item 12. Page 1 of 2 To: Mayor and Town Council From: Chuck Ewings, Assistant Town Manager Through: Mario Canizares, Town Manager Re: Ordinance Amending Fence Requirements of the Building Code Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Article 3.19 – Fence Regulations of the Town of Prosper Code of Ordinances prohibiting screening of open fencing in certain locations. Description of Agenda Item: The regulations prohibiting screening of open fencing with materials, other than live screening, are currently addressed in the Town’s Subdivision Ordinance and the Building Regulations. This amendment seeks to address maintenance of open fencing in one part of the code of ordinances. This amendment prohibits material from being placed on or near ornamental fencing adjacent thoroughfare/collector streets, parks, and trails. It does not prohibit use of vegetation or live material to provide screening of yards with ornamental fencing. Staff has received multiple appeals to allow materials that do not maintain at least 50 percent through vision. Due to the increase in these appeals, we recommend the requirement be stated in one section of the code of ordinances and specifically state what is prohibited. Town Council will have an opportunity to discuss during its work session prior to the regular meeting. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Proposed Ordinance DEVELOPMENT SERVICES Page 247 Item 13. Page 2 of 2 Town Staff Recommendation: Town Staff recommends approval an ordinance amending Article 3.19 – Fence Regulations of the Town of Prosper Code of Ordinances prohibiting screening of open fencing in certain locations. Proposed Motion: I move to approve/deny the ordinance amending Article 3.19 – Fence Regulations of the Town of Prosper Code of Ordinances prohibiting screening of open fencing in certain locations. Page 248 Item 13. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBSECTIONS (10), “OPEN FENCING REQUIREMENTS,” AND (11), “PROHIBITED,” OF SECTION 3.19.001, “GENERAL REGULATIONS,” OF ARTICLE 3.19, "FENCE REGULATIONS," OF CHAPTER 3, “BUILDING REGULATIONS,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY AMENDING PROVISIONS RELATED TO OPEN FENCING AND PROHIBITED FENCING; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has determined that maintaining certain standards is critical to preserve the image of the Town; and WHEREAS, the Town Council has also determined that modifications to certain fences adjacent to parks, trails, thoroughfares, and collectors do not enhance the image of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Subsections (10), “Open Fencing Requirements,” and (11), “Prohibited,” of Section 3.19.001, "General Regulations," of Article 3.19, “Fence Regulations,” of Chapter 3, “Building Regulations,” of the Code of Ordinances of the Town of Prosper Texas, ARE hereby amended to read as follows: “ARTICLE 3.19 FENCE REGULATIONS Sec. 3.04.001 General Regulations. * * * (10) Open fencing requirements. Fences adjacent to public or private open space, public or private parks, hike and bike trails, or a thoroughfare/collector street, as so designated by the Town on its Thoroughfare Plan, as amended, shall be ornamental metal, tubular steel or split rail with a minimum 50 percent (50%) through vision. Wooden fences legally installed on or before October 7, 2015, may be replaced with a wooden fence in compliance with the wooden fence standards as they exist or as may be amended. (11) Prohibited. Fences may not contain and/or be: Page 249 Item 13. Ordinance No. 2023-__, Page 2 (A) Continuous electrical current, although single-strand wire designed to conduct electricity through an approved low-voltage regulator shall be allowed along the fence's interior base line; (B) Constructed to contain barbed wire; (C) Plywood; (D) Fiberglass or fiberglass panels; (E) Corrugated steel or sheet iron; (F) Razor wire; and/or (G) Altered to contain screening material on the fence that does not maintain a minimum of 50 percent (50%) through vision. Except for living screens, screening material may not be placed within the building setback area of any lot. For purposes of this Article, “living screen” shall include trees, bushes, shrubbery or other living plant material. * * *” SECTION 3 Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Any person, firm, corporation, or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue shall constitute a separate offense. SECTION 6 This Ordinance shall become effective after its adoption and publication as required by law. Page 250 Item 13. Ordinance No. 2023-__, Page 3 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF OCTOBER, 2023. ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 251 Item 13. Page 1 of 1 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Development Agreement Pradera Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between Orion RE Capital and the Town of Prosper relative to Pradera. Description of Agenda Item: On August 22, 2023, the Town Council approved the proposed rezoning request. A Development Agreement has been prepared accordingly. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Development Agreement Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute a Development Agreement between Orion RE Capital and the Town of Prosper relative to Pradera. Proposed Motion: I move to authorize/not authorize the Town Manager to execute a Development Agreement between Orion RE Capital and the Town of Prosper relative to Pradera. PLANNING Page 252 Item 14. 1 4867-4270-3229, v. 2 PRADERA DEVELOPMENT AGREEMENT THIS PRADERA DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Orion RE Capital (“Developer”), individually, a “Party” and collectively, the “Parties,” to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Developer is developing a project in the Town known as Pradera (“Property”), a legal description of which Property is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Property was rezoned by the Town Council on or about August 8, 2023, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in the underlying zoning ordinance, as may be amended, and/or this Development Agreement, to recognize Developer’s reasonable investment-backed expectations in said development, as may be amended, and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit B, “Building Materials,” attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. Maintenance of Landscape Areas. A. Developer agrees to maintain all Landscape Areas (including all vegetation) on the Property, as referenced and/or depicted in the applicable zoning ordinance, as amended, free of weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. Further, Developer agrees that landscape maintenance obligations referenced herein include mulching of Landscape Areas, prompt replacement of dead or dying vegetation with new vegetation, mowing of Landscape Areas, where required, and other routine and regular maintenance of plants and other vegetation. Page 253 Item 14. 2 4867-4270-3229, v. 2 B. In the event that any Landscape Area or plants or vegetation is/are not properly maintained in accordance with this Agreement, the Town may give written notice to Developer of such failure to maintain and Developer shall promptly address such failure, taking into account the type(s) and species of such plants and vegetation and applicable planting cycles of same. After such notice, and Developer’s failure to address same, Developer agrees and acknowledges that the Town shall have the right to go onto Developer’s property and replace, replant or otherwise address such failure to maintain any Landscape Area or plants or vegetation, with an invoice of costs incurred by the Town being promptly provided by the Town to Developer. In the event Developer does not pay such invoice within thirty (30) days of receipt by Developer, the Town may file a lien on the Property for the costs it incurred for the work done, including a reasonable administrative fee. Any failure to maintain any Landscape Area, plants or vegetation shall not be considered a default in accordance with Paragraph 7 of this Agreement, and any obligations referenced in said Paragraph shall not be applicable to this Pa ragraph 2. C. Notwithstanding any provision in this Paragraph to the contrary, the Town specifically reserves the right to take enforcement action and/or file a complaint against Developer in the Town’s municipal court (or other appropriate forum) relative to weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter on the Property, in accordance with Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. 3. Periodic Review of the Property’s Zoning by the Town Council. The Town Council reserves the right to periodically review the progress and/or scope of development of the Property pursuant to the terms of any zoning regulations applicable to the Property, and in the event any amendment(s) or revision(s) to said zoning regulations are deemed reasonably appropriate and have the written approval of the Developer, the Town may provide appropriate notices for Town consideration of same, pursuant to the provisions of Chapter 211 of the Texas Local Government Code, as amended, and the Town’s Zoning Ordinance, as amended. 4. Certain Business Establishments Prohibited. Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property any of the following business establishments: (1) credit access businesses, as defined in Texas Finance Code § 393.601, as amended, including but not limited to payday lending businesses, “cash for title” lenders, and credit services businesses, as defined in Texas Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke or vape shops; (4) any business entity that sells drug paraphernalia; (5) any business establishment offering gaming or slot machines; (6) sex shops, including but not limited to business entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; and (8) business entities which primarily utilize outdoor storage or displays. Additionally, Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property a package liquor store, which for purposes of this Agreement is defined as any business entity that is required to obtain a Package Store Perm it (P) from the Texas Alcoholic Beverage Commission for the off -premises consumption of alcohol. Page 254 Item 14. 3 4867-4270-3229, v. 2 5. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Developer and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other Developers of the Property, regardless of whether this Agreement is expressly referenced therein. 6. Applicability of Town Ordinances. Developer shall develop the Property, and construct all structures on the Property, in accordance with all applicable Town ordinances and building/construction codes. 7. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If either Party is in default under this Agreement, the other Party shall have the right to enforce the Agreement in accordance with applicable law, provided, however, in no event shall any Party be liable for consequential or punitive damages. 8. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 9. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper 250 W. First Street Prosper, Texas 75078 Attention: Town Manager Page 255 Item 14. 4 4867-4270-3229, v. 2 If to Developer: Orion RE Capital 5 Cowboys Way St. 300 Frisco, TX 75034 Attention: Prasanna Kumar With copy to: Cornerstone Projects Group 4770 Bryant Irvin Court, Suite 200 Fort Worth, Texas 76107 Attention: Nolan Bradshaw 10. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 11. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 12. Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 13. Binding Agreement. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein, including without limitation a scanned copy sent via electronic mail by either Party. 14. Authority to Execute. This Agreement shall become a binding obligation on the Parties upon execution by all Parties hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Developer warrants and represents that the individual executing this Agreement on behalf of Developer has full authority to execute this Agreement and bind Developer to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 15. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Collin County, Texas. Page 256 Item 14. 5 4867-4270-3229, v. 2 16. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 17. Notification of Sale or Transfer; Assignment of Agreement. Developer shall notify the Town in writing of any sale or transfer of all or any portion of the Property, within ten (10) business days of such sale or transfer. Developer has the right (from time to time without the consent of the Town, but upon written notice to the To wn) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Developer under this Agreement, to any person or entity (an “Assignee”) that is or will become an Developer of any portion of the Property or that is an entity that is controlled by or under common control with Developer. Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy of each assignment shall be provided to the Town within ten (10) business days after execution. Provided that the successor Developer assumes the liabilities, responsibilities, and obligations of the assignor under this Agreement, the assigning party will be released from any rights and obligations under this Agreement as to the Property that is the subject of such assignment, effective upon receipt of the assignment by the Town. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment. Developer shall maintain true and correct copies of all assignments made by Developer to Assignees, including a copy of each executed assignment and the Assignee’s Notice information. 18. Sovereign Immunity. The Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 19. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent o f the Parties reflected by the recitals, would not have entered into this Agreement. 20. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 21. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original. Page 257 Item 14. 6 4867-4270-3229, v. 2 22. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor Developer of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizaares Title: Town Manager, Town of Prosper STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of ______________, 2023, by Mario Canizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 258 Item 14. 7 4867-4270-3229, v. 2 DEVELOPER: Orion RE Capital By: _____________________________ Name: Prasanna Kumar Title: CEO / Partner STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2023, by Prasanna Kumar on behalf of Orion RE Capital, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Developer. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 259 Item 14. 8 4867-4270-3229, v. 2 EXHIBIT A (Property Depiction) BEING a 40.065 acre tract of land situated in the Collin County Land Survey, Abstract Number 147, Collin County, Texas and being all of that called 34.709 acre tract of land described by deed to AABVC-DNT-West-FRT, LP, recorded in County Clerk’s File Number 2021082001693210, Deed Records, Collin County, Texas and all of that called 5.368 acre tract of land described by deed to Collin County, recorded in Volume 5949, Page 2222, Deed Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a ½ inch iron rod with cap stamped “PRESTON TRAIL” found at the southeast corner said called 34.709 acre tract, said iron rod also being the southwest corner of said called 5.386 acre tract and being in the north line of that called 40.066 acre tract of land described by deed to Cothran Malibu, LP, recorded in County Clerk’s File Number 20150105000009000, Deed Records, Collin County, Texas; THENCE South 87 degrees 52 minutes 23 seconds West, 1108.44 feet along the south line of said called 34.709 acre tract and said north line of the called 40.066 acre tract to a 5/8 inch iron rod with cap stamped “MANHARD” set at the northwest corner of said called 40.066 acre tract; THENCE North 89 degrees 57 minutes 32 seconds West, 43.17 feet, continuing along said south line of the called 34.709 acre tract to a 5/8 inch iron rod with cap stamped “MANHARD” set at the southwest corner of said called 34.709 acre tract; THENCE North 00 degrees 45 minutes 11 seconds West, 1324.66 feet along the west line of said called 34.709 acre tract to a 1/2 inch iron rod with cap stamped “PRESTON TRAIL” found at the northwest corner of said called 34.709 acre tract, said iron rod also being the southwest corner of that called 34.557 acre tract of land described by deed to Urban Heights at Frontier LLC, recorded in County Clerk’s File Number 2022000131196, Deed Records, Collin County, Texas; THENCE North 89 degrees 22 minutes 58 seconds East, 1146.49 feet along the north line of said called 34.709 acre tract and the south line of said called 34.557 acre tract to a 1/2 inch iron rod with cap stamped “PRESTON TRAIL” found at the northeast corner of said called 34.709 acre tract, said iron rod also being the southeast corner of said called 34.557 acre tract and the northwest corner of the aforementioned called 5.386 acre tract; Page 260 Item 14. 9 4867-4270-3229, v. 2 THENCE North 89 degrees 26 minutes 22 seconds East, 187.36 feet along the north line of said called 5.386 acre tract to a 1/2 inch rod found at the northeast corner of said called 5.386 acre tract; THENCE South 00 degrees 43 minutes 44 seconds East, 1290.88 feet along the east line of said called 5.386 acre tract to a 1/2 inch iron rod found at the southeast corner of said called 5.386 acre tract, said iron rod also being in the north line of the aforementioned called 40.066 acre tract; THENCE South 87 degrees 50 minutes 46 seconds West, 182.07 feet along the south line of said called 5.386 acre tract and said north line of the called 40.066 acre tract to the POINT OF BEGINNING and containing 1,745,218 square feet or 40.065 acres of land, more or less. Page 261 Item 14. 10 4867-4270-3229, v. 2 EXHIBIT B (Building Materials) Highway Subdistrict: 1. Brick, natural and manufactured stone, curtain wall and window wall glazing, and cementitious panel system shall be considered primary materials. Primary materials shall comprise of at least seventy -five percent (75%) of each elevation, exclusive of doors and windows. Where cementitious panel is applied, it shall be limited to no more than 50% of a building’s material. Non-primary, or secondary materials, may include stucco and metal panel systems. Where Multifamily is concerned, primary materials shall be limited to brick, natural and manufactured stone, and cementitious panel system. 2. Only primary building materials are allowed on the first floor with the exception of cementitious panels. For purposes of this section, the first floor shall be at least fourteen (14) feet high and, at minimum, 90% shall be constructed of masonry cladding. Neighborhood Subdistrict: 1. Brick, natural and manufactured stone, curtain wall and window wall glazing, and cementitious panel system shall be considered primary materials. Primary materials shall comprise at least seventy-five percent (75%) of each elevation, exclusive of doors and windows. Townhomes shall be constructed of no less than 75% brick masonry, calculated from the aggregate of the front, rear and side elevations. 2. Only primary building materials are allowed on the first floor excluding cementitious panel systems, exclusive of doors, windows, and their accompanying frames. For purposes of this section, the first floor shall be at least nine (9) feet high. Page 262 Item 14. Page 1 of 2 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Adoption of the 2023 National Electrical Code Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Conduct a public hearing and consider and act upon an ordinance repealing Article 3.06, “Electrical Code”, of the Code of Ordinances of the Town of Prosper and replacing it with a new Article 3.06, “Electrical Code”. Description of Agenda Item: This ordinance updates the Town’s Electrical Code from the 2020 NEC (National Electrical Code) to the 2023 NEC. As of September 1st, 2023, the 2023 NEC is the adopted Electrical Code for the State of Texas. A significant change exists between the two codes regarding receptacle outlet installations at kitchen islands. Whereas the 2020 NEC required at least one receptacle outlet at kitchen islands and allowed for the installation of receptacle outlets below the countertop surface, the 2023 NEC does not require a receptacle outlet at kitchen islands while also prohibiting installations below the countertop surface. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town Staff recommends approval of an ordinance repealing Article 3.06, “Electrical Code”, of the Code of Ordinances of the Town of Prosper and replacing it with a new Article 3.06, “Electrical Code”. PLANNING Page 263 Item 15. Page 2 of 2 Proposed Motion: I move to approve/deny an ordinance repealing Article 3.06, “Electrical Code”, of the Code of Ordinances of the Town of Prosper and replacing it with a new Article 3.06, “Electrical Code”. Page 264 Item 15. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING ARTICLE 3.06, "ELECTRICAL CODE," OF CHAPTER 3, “BUILDING REGULATIONS,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER AND REPLACING IT WITH A NEW ARTICLE 3.06, "ELECTRICAL CODE"; ADOPTING THE 2023 EDITION OF THE NATIONAL ELECTRICAL CODE, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; REGULATING THE CONSTRUCTION, ALTERATION, REMOVAL, USE, AND MAINTENANCE OF ANY ELECTRICAL WIRING, APPARATUS, DEVICE, AND/OR SYSTEMS WITHIN THE TOWN OF PROSPER; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to repeal the existing Article 3.06, "Electrical Code," of the Code of Ordinances and replace it with a new Article 3.06, "Electrical Code"; and WHEREAS, the Town Council has also investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to adopt the 2023 Edition of the National Electrical Code, save and except the amendments and deletions set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Existing Article 3.06, "Electrical Code," of the Code of Ordinances of the Town of Prosper Texas, is hereby repealed in its entirety and replace with a new Article 3.06, "Electrical Code," to read as follows: “ARTICLE 3.06 ELECTRICITY Sec. 3.06.001 Code Adopted; amendments The National Electrical Code, 2023 Edition, copyrighted by National Fire Protection Association, including Annex H, save and except the deletions and amendments set forth in Exhibit "A," attached hereto and incorporated herein for all purposes, is hereby adopted as the Electrical Code for the Town, regulating the construction, alteration, removal, use, and/or maintenance of any electrical wiring, apparatus, device, or system within the Town (the "2023 National Electrical Code"). The 2023 National Electrical Code is made a part of this Article as if fully set forth herein. A copy of the National Electrical Code, 2023 Edition, copyrighted by the National Fire Protection Page 265 Item 15. Ordinance No. 2023-XX, Page 2 of 14 Association, is on file in the office of the Town Secretary of Prosper being marked and so designated as the 2023 National Electrical Code." SECTION 3 Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or mor e sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Any person, firm, corporation, or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00), and each and every day such violation shall continue shall constitute a separate offense. SECTION 6 This Ordinance shall become effective on November 1, 2023, after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF OCTOBER, 2023. ___________________________________ David Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 266 Item 15. Ordinance No. 2023-XX, Page 3 of 14 Exhibit A Town of Prosper Amendments to the 2023 National Electrical Code The following additions, deletions, and amendments to the 2023 National Electrical Code are hereby approved and adopted. Article 100; add the following to definitions: Engineering Supervision. Supervision by a Qualified State of Texas Licensed Professional Engineer engaged primarily in the design or maintenance of electrical installations as referenced by TBPELS 137.59 (a)(b) as acceptable by the AHJ. Article 210.52 (C)(2); change to read as follows: 210.52 (C)(2) Island and Peninsular Countertops and Work Surfaces . Receptacle outlets, if installed to serve an island or peninsular countertop or work surface, shall be installed in accordance with 210.52(C)(3). If a receptacle outlet is not provided to serve an island or peninsular countertop or work surface, a chapter 3 wiring method shall be installed and supplied from a Small Appliance Branch Circuit to a Listed Outlet Box in the Peninsular or Is land Cabinet at an Accessible Location, for future addition of a receptacle outlet to serve the island or peninsular countertop or work surface. Article 410.118; change to read as follows: 410.118 Access to Other Boxes. Luminaires recessed in the ceilings, floors, or walls shall not be used to access outlet, pull, or junction boxes or conduit bodies, unless the box or conduit body is an integral part of the listed luminaire. Exception: removable luminaires with a minimum measurement of 22 in. X 22 in. shall be permitted to be used as access to outlet, pull, junction boxes or conduit bodies. Article 500.8 (A) (3); change to read as follows: 500.8 Equipment. Articles 500 through 504 require equipment construction and installation that ensure safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to installation and maintenance. Informational Note No. 2: Since there is no consistent relationship between explosion properties and ignition temperature, the two are independent requirements. Informational Note No. 3: Low ambient conditions require special consideration. Explosion proof or dust- ignition proof equipment may not be suitable for use at temperatures lower than -25°C (-13°F) unless they are identified for low-temperature service. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified as Class I, Di vision 1 at normal ambient temperature. (A) Suitability. Suitability of identified equipment shall be determined by one of the following: Page 267 Item 15. Ordinance No. 2023-XX, Page 4 of 14 (1) Equipment listing or labeling; (2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency concerned with product evaluation; or, (3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self -evaluation or an engineering judgment signed and sealed by a qualified licensed Professional Engineer in the State of Texas. Informational Note: Additional documentation for equipment may include certificates demonstrating compliance with applicable equipment standards, indicating special conditions of use, and other pertinent information. Article 505.7 (A); change to read as follows: 505.7 Special Precaution. This article requires equipment construction and installation that ensures safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care regarding the installation and maintenance of electrical equipment in hazardous (classified) locations. Informational Note No. 2: Low ambient conditions require special consideration. Electrical equipment depending on the protection techniques described by 505.8(A) may not be suitable for use at temperatures lower than -20°C (-4°F) unless they are identified for use at lower temperatures. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature. (A) Implementation of Zone Classification System. Classification of areas, engineering and design, selection of equipment and wiring methods, installation, and inspection shall be performed by a qualified licensed Professional Engineer in the State of Texas. Article 690.9 (D); change to read as follows: 690.9 (D) Transformers. Overcurrent protection for power transformers shall be installed in accordance with 705.30(F). {delete exception} Article 695.6 (A)(1); change to read as follows: 695.6 (A) Supply Conductors. (1) Services and On-Site Power Production Facilities. Service conductors and conductors supplied by on-site power production facilities shall be physically routed outside a building(s) and shall be installed as service-entrance conductors in accordance with 230.6, 230.9, and Parts III and IV of Article 230. Where supply conductors cannot be physically routed outside of buildings, the conductors shall be permitted to be routed through the building(s) where installed in accordance with 230.6(1) or (2). {delete exception} Informative Annex H Administration and Enforcement of the 202 3 National Electrical Code is amended to read as follows: Page 268 Item 15. Ordinance No. 2023-XX, Page 5 of 14 SCOPE, APPLICATION AND ADMINISTRATION SECTION 101 GENERAL [AH] 101.1 Title. These regulations shall be known as the Electrical Code of the Town of Prosper hereinafter referred to as "this Code." [AH] 101.2 Scope. The provisions of this Code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use, or maintenance of electrical systems within this jurisdiction. This Code shall also regulate the installation of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways as identified in Article 90 of this Code. Provisions in the appendices shall not apply unless specifically adopted. [AH] 101.3 Intent. The purpose of this Code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance, or use of electrical systems and equipment. [AH] 101.4 Severability. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. SECTION 102 APPLICABILITY [AH] 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code specify different materials, methods of construction, or other requirements, the most restrictive shall govern. [AH] 102.2 Existing installations. Electrical systems lawfully in existence at the time of the adoption of this Code shall be permitted to have their use and maintenance continued if the use, maintenance, or repair is in accordance with the original design and no hazard to life, health, or property is created by such electrical system. [AH] 102.3 Maintenance. All electrical systems, materials and appurtenances, both existing and new, and all parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe condition. All devices or safeguards required by this Code shall be maintained in compliance with the code edition under which they were installed. The owner or the owner's designated agent shall be responsible for maintenance of electrical systems. To determine compliance with this provision, the Code Official shall have the authority to require any electrical system to be reinspected. [AH] 102.4 Additions, alterations or repairs. Additions, alterations, renovations, or repairs to any electrical system shall conform to that required for a new electrical system without requiring the existing electrical system to comply with all the requirements of this Code unless determined by the Code Official that it is necessary to change part of or all of the existing electrical system to safeguard life or limb, health, property, and public welfare. Additions, alterations, or repairs shall not cause an existing system to become unsafe, insanitar y, or overloaded. Minor additions, alterations, renovations, and repairs to existing electrical systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved. [AH] 102.5 Change in occupancy. It shall be unlawful to make any change in the occupancy of any structure that will subject the structure to any special provision of this Code applicable to the new occupancy without approval of the Code Official. The Code Official shall certify that such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety, or welfare. Page 269 Item 15. Ordinance No. 2023-XX, Page 6 of 14 [AH] 102.6 Historic buildings. The provisions of this Code relating to the construction, alteration, repair, enlargement, restoration, relocation, or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the Code Official to be safe and in the public interest of health, safety, and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation, or moving of buildings. [AH] 102.7 Moved buildings. Except as determined by Section 102.2, electrical systems that are a part of buildings or structures moved into or within the jurisdiction shall comply with the provisions of this Code for new installations. [AH] 102.8 Referenced codes and standards. The codes and standards referenced in this Code, when specifically adopted, shall be considered as part of the requirements of this Code to t he prescribed extent of each such reference. Where the differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall be the minimum requirements. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. [AH] 102.8.1 Conflicts. Where conflicts occur between provisions of this Code and the referenced standards, the provisions of this code shall apply. [AH] 102.8.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this Code, the provisions of this Code, as applicable, shall take precedence over the provisions in the referenced code or standard. [AH] 102.9 Requirements not covered by code. Any requirements necessary for the strength, stability, or proper operation of an existing or proposed electrical system, or for the public saf ety, health, and general welfare, not specifically covered by this code shall be determined by the Code Official. [AH] 102.10 Other laws. The provisions of this Code shall not be deemed to nullify any provisions of local, state, or federal law. [AH] 102.11 Application of references. Reference to chapter section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section, or provision of this Code. SECTION 103 DEPARTMENT OF ELECTRICAL INSPECTION [AH] 103.1 General. The department of electrical inspection is hereby created and the executive official in charge thereof shall be known as the Code Official. [AH] 103.2 Appointment. The Code Official shall be appointed by the chief appointing authority of the jurisdiction. [AH] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Code Official shall have the authority to appoint a Deputy Code Official, other related technical officers, inspectors, and other employees. Such employees shall have powers as delegated by the Code Official. [AH] 103.4 Liability. The Code Official, member of the Board of Appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal Page 270 Item 15. Ordinance No. 2023-XX, Page 7 of 14 representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Code. SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL [AH] 104.1 General. The Code Official is hereby authorized and directed to enforce the provisions of this Code. The Code Official shall have the authority to render interpretations of this Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code. [AH] 104.2 Applications and permits. The Code Official shall receive applications, review construction documents, and issue permits for the installation and alteration of electrical systems, inspect the premises for which such permits have been issued, and enforce compliance with the provisions of this Code. [AH] 104.3 Inspections. The Code Official shall make all the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. [AH] 104.4 Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this Code, or whenever the Code Official has reasonable cause to believe that there exists in any building or upon any premises any conditions or violations of this Code that make the building or premises unsafe, dangerous, or hazardous, the Code Official shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the Code Official by this Code. If such building or premises is occupied, the Code Official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the Code Official shall first make a re asonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Code Official shall have recourse to every remedy provided by law to secure entry. When the Code Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or person having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein pr ovided, to promptly permit entry therein by the Code Official for the purpose of inspection and examination pursuant to this Code. [AH] 104.5 Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this Code. [AH] 104.6 Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this Code. [AH] 104.7 Department records. The Code Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records. SECTION 105 APPROVAL [AH] 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Code Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Code Official shall first find that special individual reason makes the strict letter of this Code impractical, the modification conforms to the intent and purpose of this Code, and that such modification does not lessen health, life, and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the electrical inspection department. Page 271 Item 15. Ordinance No. 2023-XX, Page 8 of 14 [AH] 105.2 Alternative materials, methods and equipment. The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, provided that any such alternative has been approved. An al ternative material or method of construction shall be approved when the Code Official finds that the proposed alternative material, method, or equipment complies with the intent of the provisions of this Code and is at least the equivalent of that prescribed in this Code. [AH] 105.2.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this Code, shall consist of valid research reports from approved sources. [AH] 105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this Code, evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternate materials or methods, the Code Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. [AH] 105.3.1 Test methods. Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall approve the testing procedures. [AH] 105.3.2 Testing agency. All tests shall be performed by an approved agency. [AH] 105.3.3 Test reports. Reports of tests shall be retained by the Code Official for the period required for retention of public records. [AH] 105.4 Approved materials and equipment. Materials, equipment, and devices approved by the Code Official shall be constructed and installed in accordance with such approval. [AH] 105.4.1 Material and equipment reuse. Materials, equipment, and devices shall not be reused unless such elements have been reconditioned, tested, placed in good and proper working condition, and approved. SECTION 106 PERMITS [AH] 106.1 When required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, o r to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical system, the installation of which is regulated by this Code, or to cause any such work to be done, shall first make application to the Code Official and obtain the required permit for the work. [AH] 106.2 Exempt work. The following work shall be exempt from the requirement for a permit: 1. The work identified in Article 90.2(8) as not being covered by this Code. [AH] 106.3 Application for permit. Each application for a permit, with the required fee, shall be filed with the Code Official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall be signed by the owner or an authorized agent. The permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other information required by the Code Official. [AH] 106.3.1 Construction documents. Construction documents, engineering calculations, diagrams and other such data shall be submitted, as required by the Code Official, with each application for a permit. The Code Official shall require construction documents, computations, and specifications to be prepared and designed by a registered design professional when required by state law. Construction Page 272 Item 15. Ordinance No. 2023-XX, Page 9 of 14 documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that the work conforms to the provisions of this Code. Construction documents for buildings more than two (2) stories in height shall indicate where penetrations will be made for pipes, conduits, wiring, equipment, fittings, and components and shall indicate the materials and methods for maintaining required structural safety, fire-resistance rating, and fireblocking. Exception: The Code Official shall have the authority to waive the submission of construction documents, calculations, or other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to determine compliance with this Code. [AH] 106.3.2 Preliminary inspection. Before a permit is issued, the Code Official is authorized to inspect and evaluate the systems, equipment, buildings, devices, premises, and spaces, or areas to be used. [AH] 106.3.3 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred 180 (180) days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Code Official shall have the authority to grant one (1) or more extensions of time for additional periods not exceeding ninety (90) days each. The extension shall be requested in writing and justifiable cause demonstrated. [AH] 106.4 By whom application is made. Application for a permit shall be made by the person or agent to install all or part of any electrical system. The applicant shall meet all qualifications established by statute, by rules promulgated by this Code, by Ordinance, or by Resolution. The full name a nd address of the applicant shall be stated in the application. [AH] 106.5 Permit issuance. The application, construction documents, and other data filed by an applicant for permit shall be reviewed by the Code Official. If the Code Official finds that th e proposed work conforms to the requirements of this Code and all laws and ordinances applicable thereto, and that the fees specified in Section I 06.6 have been paid, a permit shall be issued to the applicant. [AH] 106.5.1 Approved construction documents. When the Code Official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "APPROVED." Such approved construction documents shall not be changed, modified, or altered without authorization from the Code Official. All work shall be done in accordance with the approved construction documents. The Code Official shall have the authority to issue a permit for the construction of a part of an electrical system before the entire construction documents for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire electrical system will be granted. [AH] 106.5.2 Validity. The issuance of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or any other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid. The issuance of a permit based upon construction documents and other data shall not prevent the Code Official from thereafter requiring the correction of errors in said construction documents and other data or from preventing building operations being carried on thereunder when in violation of this Code or of other ordinances of this jurisdiction. [AH] 106.5.3 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after the issuance, or if the work authorized by such permit is suspended, abandoned, or lacks any required inspection for a period of 180 days after the time the work is commenced. The Code Official is authorized to grant, in writing, one (1) or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. [AH] 106.5.4 Extensions. Any permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under said permit when work is Page 273 Item 15. Ordinance No. 2023-XX, Page 10 of 14 unable to be commenced within the time required by this Section for good and satisfactory reasons. The Code Official shall extend the time for action by the pe rmittee for a period not exceeding 180 days if there is reasonable cause. No permit shall be extended more than once. [AH] 106.5.5 Suspension or revocation of permit. The Code Official shall have the authority to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance, regulation or any of the provisions of this Code. [AH] 106.5.6 Retention of construction documents. One (1) set of approved construction documents shall be retained by the Code Official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. One (1) set of approved construction documents shall be kept on the site of the building or work at all times. [AH] 106.5.7 Previous approvals. This Code shall not require changes in the construction documents, construction, or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in go od faith within 180 days after the effective date of this Code and has not been abandoned. [AH] 106.5.8 Posting of permit. The permit or a copy shall be kept on the site of the work until the completion of the project. [AH] 106.6 Fees. A permit shall not be issued until the fees prescribed in Section 106.6.2 have been paid, and an amendment to a permit shall not be released until the additional fee, if any, due to an increase of the electrical systems, has been paid. [AH] 106.6.1 Work commencing before permit issuance. Any person who commences any work on an electrical system prior to obtaining the necessary permits shall be subject to 100% of the usual permit fee in addition to the required permit fees. [AH] 106.6.2 Fee schedule. The fees for all electrical work shall be as indicated in the Town of Prosper Fee Schedule as adopted by the City Council. [AH] 106.6.3 Fee refunds. The Code Official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. 3. Not more than eighty percent (80%) of the plan review fee paid when an applica tion for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The Code Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. SECTION 107 INSPECTIONS AND TESTING [AH] 107.1 General. The Code Official is authorized to conduct such inspections as are deemed necessary to determine compliance with the provisions of this Code. Construction or work for which a permit is required shall be subject to inspection by the Code Official, and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this Code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Code Page 274 Item 15. Ordinance No. 2023-XX, Page 11 of 14 Official nor the jurisdiction shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection. [AH] 107.2 Required inspections and testing. The Code Official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections, such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or an agent of any violations that shall be corrected. The holder of the permit shall be responsible for the scheduling of such inspections. 1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping and conduit installed, and before any backfill is put in place. 2. Rough-in inspection shall be made after the roof, framing, fireblocking, firestopping, draftstopping, and bracing is in place, all electrical systems are roughed-in, and prior to the installation of wall or ceiling membranes. 3. Final inspection shall be made after the building is complete, all electrical fixtures are in place and properly connected, and the structure is ready for occupancy. [AH] 107.2.1 Other inspections. In addition to the inspections specified above, the Code Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this Code and other laws that are enforced. [AH] 107.2.2 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the Code Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such wor k that are required by this Code. [AH] 107.2.3 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Code Official. The Code Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Code Official. [AH] 107.2.4 Approved agencies. The Code Official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability. [AH] 107.2.5 Evaluation and follow-up inspection services. Prior to the approval of a closed, prefabricated electrical system and the issuance of an electrical permit, the Code Official may require the submittal of an evaluation report on each prefabricated electrical system indicating the complete details of the electrical system, including a description of the system and its components, the basis upon which the electrical system is being evaluated, test results and similar information, and other data as necessary for the Code Official to determine conformance to this Code. [AH] 107.2.5.1 Evaluation service. The Code Official shall designate the evaluation service of an approved agency as the evaluation agency, and review such agency's evaluation report for adequacy and conformance to this Code. [AH] 107.2.5.2 Follow-up inspection. Except where ready access is provided to all electrical systems, service equipment, and accessories for complete inspection at the site without disassembly or dismantling, the Code Official shall conduct the frequency of in-plant inspections necessary to ensure conformance to the approved evaluation report or shall designate an independent, approved inspection agency to conduct such inspections. The inspection agency shall furnish the Code Official with the follow- up inspection manual and a report of inspections upon request, and the electrical system shall have an identifying label permanently affixed to the system indicating that factory inspections have been performed. Page 275 Item 15. Ordinance No. 2023-XX, Page 12 of 14 [AH] 107.2.5.3 Test and inspection records. All required test and inspection records shall be available to the Code Official at all times during the fabrication of the electrical system and the erection of the building, or such records as the Code Official designates shall be filed. [AH] 107.3 Special inspections. Special inspections of alternative engineered design electrical systems shall be conducted in accordance with Sections 107.3.1 and 107.3.2. [AH] 107.3.1 Periodic inspection. The registered design professional or designated inspector shall periodically inspect and observe the alternative engineered design to determine that the installation is in accordance with the approved construction docum ents. All discrepancies shall be brought to the immediate attention of the electrical contractor for correction. Records shall be kept of all inspections. [AH] 107.3.2 Written report. The registered design professional shall submit a final report in writing to the Code Official upon completion of the installation, certifying that the alternative engineered design conforms to the approved construction documents. A notice of approval for the electrical system shall not be issued until a written certification has been submitted. [AH] 107.4 Testing. Electrical work and systems shall be tested as required by this Code and in accordance with Sections 107.4.1 through 107.4.3. Tests shall be made by the permit holder and observed by the Code Official. [AH] 107.4.1 New, altered, extended or repaired systems. New electrical systems and parts of existing systems that have been altered, extended, or repaired shall be inspected and tested as required by the Code Official. [AH] 107.4.2 Equipment, material and labor for tests. All equipment, material, and labor required for testing an electrical system or part thereof shall be furnished by the permit holder. [AH] 107.4.3 Reinspection and testing. Where any work or installation does not pass any initial test or inspection, the necessary corrections shall be made to comply with this Code. The work or installation shall then be resubmitted to the Code Official for inspection and testing. [AH] 107.5 Approval. After the prescribed tests and inspections indicate that the work complies in all respects with this Code, a notice of approval shall be issued by the Code Official. [AH] 107.5.1 Revocation. The Code Official is authorized to, in writing, suspend or revoke a notice of approval issued under the provisions of this Code wherever the notice is issued in error, on the basis of incorrect information supplied, or where it is determined that the building or structure, premise or portion thereof is in violation of any ordinance or regulation or any of the provisions of this Code. [AH] 107.6 Temporary connection. The Code Official shall have the authority to authorize the temporary connection of the building or system to the utility source for the purpose o f testing electrical systems or for use under a temporary certificate of occupancy. [AH] 107.7 Connection of service utilities. A person shall not make connections from a utility, source of energy, or power system to any building or system that is regulat ed by this Code for which a permit is required until authorized by the Code Official. SECTION 108 VIOLATIONS [AH] 108.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, repair, remove, demolish, or utilize any electrical system, or cause same to be done, in conflict with or in violation of any of the provisions of this Code. [AH] 108.2 Notice of violation. The Code Official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal, or demolition of electrical Page 276 Item 15. Ordinance No. 2023-XX, Page 13 of 14 work in violation of the provisions of this Code, in violation of a detail statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. [AH] 108.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Code Official shall request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto. [AH] 108.4 Violation penalties. Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, or repair electrical work in violation of the approved construction documents, directive of the Code Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a misdemeanor and upon conviction may be fined up to the maximum amount allowed by Texas Jaw. Each day that a violation continues after due notice has been served shall be deemed a separate offense. [AH] 108.5 Stop work orders. Upon notice from the Code Official, work on any electrical system that is being done contrary to the provisions of this Code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the Code Official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine as required herein by this Code. [AH] 108.6 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the electrical system on or about any premises. [AH] 108.7 Unsafe Electrical Systems. Any electrical systems regulated by this Code that is unsafe, that constitutes a fire or health hazard, or is otherwise dangerous to human life is hereby declared unsafe. Any use of electrical systems regulated by this Code constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is hereby declared an unsafe use. Any such unsafe electrical system is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal. [AH] 108.7.1 Authority to condemn equipment. Whenever the Code Official determines that any electrical system, or portion thereof, regulated by this Code has become hazardous to life, health, or property the Code Official shall order in writing that such electrical system either be removed or restored to a safe condition. A time limit for compliance with such order shall be specified in the written notice. No person shall use or maintain a defective electrical system after receiving such notice. When such electrical system is to be disconnected, written notice as prescribed in Section 108.2 shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately withou t such notice. [AH] 108.7.2 Authority to disconnect service utilities. The Code Official shall have the authority to authorize disconnection of utility service to the building, structure, or system regulated by the technical codes in case of an emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner and occupant of the building, structure, or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or service systems shall be notified in writing, as soon as practical thereafter. Page 277 Item 15. Ordinance No. 2023-XX, Page 14 of 14 [AH] 108.7.3 Connection after order to disconnect. No person shall make connections from any energy or power supply system or supply energy or power supply to any equipment regulated by this Code that has been disconnected, ordered to be disconnected by the Code Official, or the use of which has been ordered to be discontinued by the Code Official until the Code Official authorizes the reconnection and use of such equipment. When any electrical system is maintained in violation of this Code, and in violation of any notice issued pursuant to the provisions of this Section, the Code Official shall institute any appropriate action to prevent, restrain, correct, or abate the violation. SECTION 109 MEANS OF APPEAL [AH] 109.1 Application for appeal. Any person shall have the right to appeal a decision of the Code Official to the Board of Appeals as established by ordinance. The board shall be governed by the Town of Prosper's enabling ordinance. END Page 278 Item 15. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Property Acquisition – Coit Road (First - Frontier) Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain properties for right-of-way for the construction of the Coit Road (First-Frontier) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Coit Road (First to Frontier) project. To facilitate the construction of the project, it is necessary for the Town to acquire several parcels of right-of-way. The seven (7) properties impacted by the design are identified in the attached Resolution, and the Location Map included with this agenda item depicts the properties affected. As with other similar road construction projects, it is not anticipated that all parcels will require the use of eminent domain to complete the acquisition process, however, staff is requesting advance authorization to pursue acquisition by eminent domain if standard negotiations are unsuccessful. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the resolution as to form and legality. ENGINEEERING SERVICES Page 279 Item 16. Page 2 of 2 Attached Documents: 1. Resolution 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution declaring the public necessity to acquire certain properties for right-of-way for the construction of the Coit Road (First-Frontier) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Proposed Motion: I move to approve a resolution declaring the public necessity to acquire certain properties for right- of-way for the construction of the Coit Road (First-Frontier) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Please note: Pursuant to Section 2206.053(c) of the Texas Government Code, if two (2) or more councilmembers object to adopting this single Resolution for all the properties referenced therein, a separate record vote must be taken for each unit of property. This item requires a roll call vote. Page 280 Item 16. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL PROPERTIES FOR RIGHT-OF-WAY FOR THE CONSTRUCTION OF THE COIT ROAD (FIRST-FRONTIER) PROJECT; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that there exists a public necessity to acquire certain property interests for the construction of the Coit Road (First – Frontier) project, the location of which is generally set forth in the exhibits attached to this resolution; and WHEREAS, the Town Council desires to acquire the property interests (collectively referred to as the “Property”), as more particularly described in the exhibits attached to this Resolution, for this governmental and public use in conjunction with the Town of Prosper’s construction of the Coit Road (First – Frontier) project (“Project”); and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire the Property. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the following Property for the Project, as more particularly described in the Exhibits referenced herein: Page 281 Item 16. Resolution No. 2023-XX, Page 2 EXHIBIT DESCRIPTION / INTEREST TO BE ACQUIRED 1 (Parcel 1) Approximately 0.891 acres of real property for right-of-way, situated generally in the Abiah Dyer Survey, Abstract Number 258, Collin County, Texas and being part of that certain tract of land described as recorded in Instrument Number 20150706000823550 of the Official Public Records of Collin County, Texas 2 (Parcel 2 and 3) Approximately 0.762 acres of real property for right-of-way, situated generally in the Elisha Chambers Survey, Abstract Number 179, Collin County, Texas and being part of that certain tract of land described as recorded in Instrument Number 20091211001487200 of the Official Public Records of Collin County, Texas 3 (Parcel 5) Approximately 0.520 acres of real property for right-of-way, situated generally in the Elisha Chambers Survey, Abstract Number 179, Collin County, Texas and being part of that certain tract of land described as recorded in Instrument Number 20120803000955070 of the Official Public Records of Collin County, Texas 4 (Parcel 6) Approximately 0.005 acres of real property for right-of-way, situated generally in the William H. Thomason Survey, Abstract Number 895, Collin County, Texas and being part of that certain tract of land described as recorded in Instrument Number 20180206000150930 of the Official Public Records of Collin County, Texas 5 (Parcel 7) Approximately 0.525 acres of real property for right-of-way, situated generally in the William H. Thomason Survey, Abstract Number 895, Collin County, Texas and being part of that certain tract of land described as recorded in Instrument Number 20061212001746620 of the Official Public Records of Collin County, Texas 6 (Parcel 8) Approximately 0.462 acres of real property for right-of-way, situated generally in the William H. Thomason Survey, Abstract Number 895, Collin County, Texas and being part of that certain tract of land described as recorded in Book 2172, Page 526 of the Land Records of Collin County, Texas SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. Page 282 Item 16. Resolution No. 2023-XX, Page 3 SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 10TH DAY OF OCTOBER 2023. ___________________________________ David F. Bristol, Mayor ATTEST: __________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 283 Item 16. Resolution No. 2023-XX, Page 4 EXHIBIT 1 Page 284 Item 16. Resolution No. 2023-XX, Page 5 EXHIBIT 1 (Continued) Page 285 Item 16. Resolution No. 2023-XX, Page 6 EXHIBIT 1 (Continued) Page 286 Item 16. Resolution No. 2023-XX, Page 7 EXHIBIT 1 (Continued) Page 287 Item 16. Resolution No. 2023-XX, Page 8 EXHIBIT 2 Page 288 Item 16. Resolution No. 2023-XX, Page 9 EXHIBIT 2 (Continued) Page 289 Item 16. Resolution No. 2023-XX, Page 10 EXHIBIT 2 (Continued) Page 290 Item 16. Resolution No. 2023-XX, Page 11 EXHIBIT 3 Page 291 Item 16. Resolution No. 2023-XX, Page 12 EXHIBIT 3 (Continued) Page 292 Item 16. Resolution No. 2023-XX, Page 13 EXHIBIT 3 (Continued) Page 293 Item 16. Resolution No. 2023-XX, Page 14 EXHIBIT 4 Page 294 Item 16. Resolution No. 2023-XX, Page 15 EXHIBIT 4 (Continued) Page 295 Item 16. Resolution No. 2023-XX, Page 16 EXHIBIT 4 (Continued) Page 296 Item 16. Resolution No. 2023-XX, Page 17 EXHIBIT 5 Page 297 Item 16. Resolution No. 2023-XX, Page 18 EXHIBIT 5 (Continued) Page 298 Item 16. Resolution No. 2023-XX, Page 19 EXHIBIT 5 (Continued) Page 299 Item 16. Resolution No. 2023-XX, Page 20 EXHIBIT 6 Page 300 Item 16. Resolution No. 2023-XX, Page 21 EXHIBIT 6 (Continued) Page 301 Item 16. Resolution No. 2023-XX, Page 22 EXHIBIT 6 (Continued) Page 302 Item 16. PARCEL # OWNER Right- of way (acres) 1 R.L. WHITE LIVING TRUST AND PATRICIA FRANK 0.891 2 & 3 3 R’S WILSON, LLC 0.762 5 NW COIT TEN LC 0.520 Coit Road Right-of-way and Easement Acquisition Overall Location Map Page 1 of 2 #5 #2 #3 #1 Page 303 Item 16. Coit Road Right-of-way and Easement Acquisition Overall Location Map Page 2 of 2 #8 PARCEL # OWNER Right- of way (acres) 6 ESTATES AT GREENPOINT PHASE 2A 0.005 7 DAUTERMAN FAMILY IRREVOCABLE TRUST 0.525 8 MARY ANN BARLOW VOWAN 0.462 #7 #6 Page 304 Item 16. Page 1 of 2 To: Mayor and Town Council From: Chuck Ewings, Assistant Town Manager Through: Mario Canizares, Town Manager Re: Agreement with North Texas Tollway Authority Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute an agreement with the North Texas Tollway Authority (NTTA) for funding of improvements related to the extension of the Dallas North Tollway. Description of Agenda Item: The North Texas Tollway Authority (NTTA) has designed and will soon begin constructing the extension of the Dallas North Tollway through the Town of Prosper. The construction includes improvements that benefit the Town of Prosper and, therefore, will be funded by the Town. These improvements include the existing braided ramps and U-turns at each major intersection. The total cost of the braided ramps is $7,671,184.83 and the estimated cost of the U-turns is $5,500,000 that will be paid after completion of the project that is expected to occur in FY2027. Budget Impact: The Town Capital Improvement Program currently accounts for the cost of these projects. The cost of the braided ramps will be paid in three equal, annual payments of $$2,557,061.61 beginning October 1, 2023. The cost of the U-turns is anticipated to be paid in FY2027 and is accounted for in that funding year of the CIP. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Agreement Regarding Elements of the Dallas North Tollway, Phase 4A Extension Town Staff Recommendation: Town Staff recommends authorizing the Town Manager to execute an agreement with the North Texas Tollway Authority (NTTA) for funding of improvements related to the extension of the Dallas North Tollway. ADMINISTRATION Page 305 Item 17. Page 2 of 2 Proposed Motion: I move to approve authorizing the Town Manager to execute an agreement with the North Texas Tollway Authority (NTTA) for funding of improvements related to the extension of the Dallas North Tollway. Page 306 Item 17. Draft: August 7, 2023 AGREEMENT – TOWN OF PROSPER AND NTTA REGARDING DNT EXTENSION PHASE 4A PAGE 1 133043646v.6 AGREEMENT REGARDING ELEMENTS OF DALLAS NORTH TOLLWAY, PHASE 4A EXTENSION THIS AGREEMENT REGARDING ELEMENTS OF DALLAS NORTH TOLLWAY, PHASE 4A EXTENSION (the “Agreement”), is entered into by and between the TOWN OF PROSPER, a municipal corporation organized and existing under the laws of the State of Texas (the “Town”), and the NORTH TEXAS TOLLWAY AUTHORITY, a regional tollway authority and a political subdivision of the State of Texas (“NTTA”) to be effective as of the ___ day of _______________, 2023 (the “Effective Date”). The Town and NTTA are sometimes referred to in this Agreement collectively as the “Parties,” and individually as a “Party.” R E C I T A L S WHEREAS, NTTA is authorized to study, evaluate, design, acquire, construct, maintain, repair, and operate turnpike projects pursuant to Chapter 366 of the Texas Transportation Code, and NTTA has constructed and operates a turnpike project known as the Dallas North Tollway (“DNT”), which extends from near downtown Dallas in Dallas County northward into Collin County; and WHEREAS, NTTA has completed corridor planning for a proposed extension of the DNT as a toll project from the DNT’s current terminus south of U.S. 380 northward to F.M. 428 in Collin County, a distance of approximately six miles, to be known as the Dallas North Tollway Extension Project, Phase 4A (the “Phase 4A Extension”), as depicted on Exhibit A; and WHEREAS, the southern-most three (3) miles of the Phase 4A Extension are within the corporate limits of the Town; and WHEREAS, NTTA, the Town, and Collin County have determined that the Phase 4A Extension is in the best interest of their citizens, and the Town Council of Prosper and the Commissioners Court of Collin County have passed resolutions requesting that NTTA pursue joint efforts with the Town and the County to evaluate, plan, and develop the Phase 4A Extension; and WHEREAS, the tolled main lanes of the Phase 4A Extension will be located between the existing northbound and southbound lanes of Dallas Parkway, which will serve, respectively, as northbound and southbound service roads for the tolled main lanes of the Phase 4A Extension; and WHEREAS, the Town, Collin County, and NTTA have entered into that certain “Interlocal Agreement By and Among the Town of Prosper, the County of Collin, and the North Texas Tollway Authority Regarding the Phase 4A Extension of the Dallas North Tollway” dated October 21, 2003 (the “ILA”), outlining the rights and obligations of the Town, County, and NTTA regarding the Phase 4A Extension (said Phase 4A Extension being referred to in the ILA as the “Phase 4 Extension”); and WHEREAS, in response to progress made after the execution of the ILA in defining certain elements of the Phase 4A Extension, NTTA and the Town drafted a Memorandum of Page 307 Item 17. Draft: August 7, 2023 AGREEMENT – TOWN OF PROSPER AND NTTA REGARDING DNT EXTENSION PHASE 4A PAGE 2 133043646v.6 Understanding documenting their intentions regarding those elements within the jurisdictional limits of the Town; WHEREAS, such Memorandum of Understanding was never executed, but the terms thereof that continue to reflect the Parties’ intentions are incorporated into this Agreement; and WHEREAS, the Town and NTTA are now ready to formalize their agreements regarding the design, construction, and payment of costs of certain elements of the Phase 4A Extension, as described below in this Agreement; and WHEREAS, because nothing in this Agreement affects Collin County, in lieu of amending the ILA, the Parties have elected to enter into this two-party Agreement, which serves as a “Subsequent Agreement” contemplated by Section 6.4 of the ILA; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which each Party acknowledges, the Town and NTTA hereby agree as follows: 1. Defined Terms. Capitalized terms used in this Agreement that are not expressly defined herein will have the meanings given to those terms in the ILA. 2. Braided Ramps Over U.S. 380. At the Town’s request, NTTA designed and constructed a pair of “braided” entrance and exit ramps in both the northbound and southbound directions between U.S. 380 and the future Godwin Parkway. In each direction, such braided ramps are composed of two ramps that cross each other at different grades (collectively, the “Braided Ramp Pairs”). The northbound exit and the southbound entry ramps of the Braided Ramp Pairs are tolled and open to traffic. (a) Increased Costs. As used in this Agreement, “increased costs” are those costs NTTA incurred in connection with the Braided Ramp Pairs that exceeded the costs NTTA would have incurred if the applicable entrance and exit ramps had been constructed entirely at existing grade level. Such amounts include, but are not limited to, increased costs of: schematic and final engineered design plans and specifications; construction; adjustment and relocation of exiting utilities; design and construction of new utilities (including sleeves for future utility installations if requested by the Town); land surveying; and permit acquisitions that NTTA determined to be necessary or advisable in connection with the design and construction of the Braided Ramp Pairs. (b) Town Responsible for Increased Costs. The Town hereby agrees to pay promptly upon receipt of an invoice from NTTA, which will be issued upon the execution of this Agreement by the Parties, increased costs for the design and construction of the Braided Ramp Pairs in the amount of $7,671,184.83. The Town’s commitment to bear the increased costs resulting from the Braided Ramp Pairs as set forth in this section shall not impair, diminish, or otherwise affect any other obligations for which the Town is responsible under the ILA. The reimbursement shall be paid in three equal amounts of $2,557,061.61 over the next three fiscal years beginning on October 1, 2023 upon receipt of an invoice from NTTA. Subsequent payments shall be due on October 1, 2024 and October 1, 2025 upon receipt of an invoice from NTTA. Page 308 Item 17. Draft: August 7, 2023 AGREEMENT – TOWN OF PROSPER AND NTTA REGARDING DNT EXTENSION PHASE 4A PAGE 3 133043646v.6 3. Godwin Parkway. The Town has included on its thoroughfare plan a future road designated as Godwin Parkway, which shall be located generally as shown on Exhibit A, and which shall be designated as a “Phase 4A Extension overpass location” under the ILA. Notwithstanding that Godwin Parkway is not within the project limits of the Phase 4A Extension as originally defined under the ILA, all provisions in the ILA applicable to Phase 4A Extension overpasses, including, but not limited to, utility-clear zones described in Section 2.3 of the ILA, shall be applicable to Godwin Parkway. The Authority shall bear the costs associated with designing and constructing the tolled main lanes of the Phase 4A Extension as an overpass over Godwin Parkway. 4. U-Turns Frontage Road Widening. The ILA provides that NTTA has no obligation to design, construct, or operate service, frontage, or access roads in connection with the Phase 4A Extension and that the Town and/or County shall be responsible for designing, constructing, and maintaining U-turns and U-turn deceleration lanes along any Phase 4A Frontage Road. However, the Town has requested NTTA to design and construct the U-turns, additional Frontage Road lanes, and other related improvements, which are described on Exhibit B attached to this Agreement (collectively, the “Town-Requested Facilities”). NTTA has agreed to design and construct the Town-Requested Facilities at the Town’s sole cost and expense and subject to the other terms and conditions of this Agreement. NTTA’s obligations regarding the Town- Requested Facilities are conditioned on the design, construction, and operation of Town-Requested Facilities not causing any delay or impede NTTA’s design, construction, operation, or maintenance of the Phase 4A Extension or increasing NTTA’s costs thereof or demanding additional resources of NTTA therefor. NTTA will give the Town a reasonable opportunity to review and comment on plans for the Town-Requested Facilities. As of the Effective Date, NTTA estimates the cost of design and construction of the Town-Requested Facilities to be Five Million Five Hundred Thousand Dollars ($5,500,000.00). The Town acknowledges and agrees that such amount is an estimate only, not a limitation on the Town’s obligation to pay the full direct and indirect cost and expense of the design and construction of the Town-Requested Facilities. The Town’s commitment to bear the costs associated with the Town-Requested Facilities as set forth in this section shall not impair, diminish, or otherwise affect any other obligations for which the Town is responsible under the ILA. NTTA estimates the completion of all improvements to occur in Fiscal Year 2027. 5. Design of Phase 4A Extension. The Town acknowledges and agrees that the Phase 4A Extension shall be designed and constructed in accordance with NTTA’s standard Design Guidelines. 6. Effect of Agreement. Except for the agreements contained in Section 4 concerning the Town-Requested Facilities, nothing in this Agreement amends or supersedes the ILA, which the parties agrees is otherwise in full force and effect according to its terms. 7. Relationship of the Parties; No Joint Enterprise. Nothing in this Agreement is intended to create, nor shall be deemed or construed by the parties or by any third party as creating, (1) the relationship of principal and agent, partnership, or joint venture between NTTA and the Town, or (2) a joint enterprise between NTTA and the Town. Without limiting the foregoing, the purposes for which the Town and NTTA are entering into this Agreement are separate and distinct, and there are no pecuniary interests, common purposes, and/or equal rights of control among the parties hereto. Page 309 Item 17. Draft: August 7, 2023 AGREEMENT – TOWN OF PROSPER AND NTTA REGARDING DNT EXTENSION PHASE 4A PAGE 4 133043646v.6 8. Sole Benefit. This Agreement is entered into for the sole benefit of the Town and NTTA, and nothing in this Agreement or in any approval subsequently provided by either party hereto shall be construed as giving any benefits, rights, remedies, or cl aims to any other person, firm, corporation, or other entity, including, without limitation, the public in general. 9. Headings. The article and section headings used in this Agreement are for reference and convenience only, and shall not enter into the interpretation hereof. 10. Exhibits. Exhibits A and B attached to this agreement are hereby made a part of the Agreement for all purposes. IN WITNESS WHEREOF, the Town and NTTA have executed this Agreement on the dates shown below, to be effective on the date listed above. TOWN OF PROSPER By: Name: Title: NORTH TEXAS TOLLWAY AUTHORITY James Hofmann, Executive Director Page 310 Item 17. Draft: August 7, 2023 AGREEMENT – TOWN OF PROSPER AND NTTA REGARDING DNT EXTENSION PHASE 4A EXHIBIT A 133043646v.6 EXHIBIT A Page 311 Item 17. AGREEMENT – TOWN OF PROSPER AND NTTA REGARDING DNT EXTENSION PHASE 4A EXHIBIT B 133043646v.6 EXHIBIT B Town-Requested Improvements US 380 to Godwin Parkway: • NB frontage road widening (1 optional left turn/U-turn Lane – 810’) • 1 NB to SB Godwin Parkway Cross street U-Turn and 1 Cross Street Median • SB frontage road widening (1 Thru lane – 565’) Godwin Parkway to First Street: • NB frontage road widening (1 Thru lane – 1,073’; and 1 U-turn Lane – 198’) • 1 Cross Street Median • SB frontage road widening (1 Thru lane – 1,145’; and 1 U-turn Lane – 320’) • 1 SB to NB Godwin Parkway Cross street U-Turn First Street to Prosper Trail: • NB frontage road widening (1 Thru lane – (1,350’ + 1,027’)= 2,377’; and 1 optional left turn/U- turn lane – 380’) • 1 NB to SB Prosper Trail Cross Street U-Turn and 1 Cross Street Median • SB frontage road widening (1 Thru lane – (1,168’ + 1,657’)= 2,825’; and 1 optional left turn/U- turn lane – 456’) • 1 SB to NB First Street Cross Street U-Turn Prosper Trail to Frontier Parkway: • NB frontage road widening (1 Thru lane – (1,555’ + 1,239’)= 2,794’; 2 left turn lanes (415’ Each)= 830’; and 1 U-turn lane – 565’) • 1 NB to SB Frontier Parkway Cross Street U-Turn and 1 Cross Street Median • SB frontage road widening (1 Thru lane – (1,316’ + 1,465’)= 2,781’; and 1 U-turn lane – 354’) • 1 SB to NB Prosper Trail Cross Street U-Turn and 1 Cross Street Median Additional Items: • U-turn island treatments such as pavers, sidewalks and/or pedestrian ramps 133043646v.6 Page 312 Item 17. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Reimbursement Resolution – FY2024 CIP Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a resolution expressing official intent to reimburse costs of Town Capital Improvement Program (CIP) projects that may be funded with proceeds of bonds or other obligations if those costs are paid prior to the issuance of such bonds or obligations. Description of Agenda Item: The attached resolution allows the Town to pay for the projects listed in the Fiscal Year 2023- 2024 CIP, including costs associated with the construction of street improvements ($12,750,000), park improvements ($9,000,000), public safety facilities ($10,200,000), and water and wastewater infrastructure ($24,109,669), and the related infrastructure improvements. The resolution provides for up to $56,059,669 in capital project expenditures and debt issuance costs. Budget Impact: The reimbursement resolution itself has no budgetary impact. The repayment of the expenditures will be included in the debt service portion of the tax rate after the bonds are issued. Initial funding for the work will come from the Capital Projects Fund. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Resolution 2. Fiscal Year 2023-2024 CIP Town Staff Recommendation: Town staff recommends the Town Council approve a resolution expressing official intent to reimburse costs of Town Capital Improvement Program (CIP) projects that may be funded with proceeds of bonds or other obligations if those costs are paid prior to the issuance of such bonds or obligations. FINANCE Page 313 Item 18. Page 2 of 2 Proposed Motion: I move to approve resolution expressing official intent to reimburse costs of Town Capital Improvement Program (CIP) projects that may be funded with proceeds of bonds or other obligations if those costs are paid prior to the issuance of such bonds or obligations. Page 314 Item 18. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-XX RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF TOWN FISCAL YEAR 2023-2024 CAPITAL IMPROVEMENT PROGRAM PROJECTS WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created governmental body of the State of Texas; and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of portions of its Fiscal Year 2023-2024 capital improvement program projects, including costs associated with the construction of street improvements, park improvements, public safety facility improvements, water and wastewater infrastructure, and other related infrastructure improvements (collectively, the "Project") prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the "Obligations") to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum principal amount equal to $56,059,669 for the purpose of paying the costs of the Project. SECTION 2 All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3 The foregoing notwithstanding, no Obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4 The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued after 18 months of the date the original expenditure is made. Page 315 Item 18. Resolution No. 2023-XX, Page 2 SECTION 5 To evidence the adoption of this Resolution on this, the 10th day of October, 2023 by the Town Council of the Issuer, the signatures of the Town Secretary and Mayor are set forth below. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 10TH DAY OF OCTOBER, 2023. _________________________________ David F. Bristol, Mayor ATTEST: ___________________________________ Michelle Lewis Sirianni, Town Secretary Page 316 Item 18. IssuedFY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33 Total Issued Debt Unissued Debt Unissued Debt FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33Prior Years 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033 Cost Authorized GO CO or Future GO 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033012014-STFirst Street (Coit - Custer) - 4 lanes: (Design)1,085,000 1,085,0001,085,00001022014-STFirst Street (Coit - Custer) - 4 lanes: (Land/Esmt)2,400,000 2,400,000600,000A1,800,00002032014-STFirst Street (Coit - Custer) - 4 lanes: (Construction)23,775,000 23,775,0003,405,000A,C,K,L20,370,000 03041933-STFishtrap Segment 2: (PISD Reimbursement)1,063,033 1,063,0331,063,033 1,063,03304052010-STFishtrap (Teel - Gee Road): (Design) 400,000 400,000400,000C05062010-STFishtrap (Teel - Gee Road): (Construction)6,025,000 6,025,0006,025,000 6,025,000 06072011-STGee Road (Fishtrap - Windsong Retail): (Design) 250,000 250,000250,000C07082011-STGee Road (Fishtrap - Windsong Retail): (Construction)4,698,793 4,698,7931,178,793K,L3,520,000 08092118-STPreston Road / First Street Dual Left Turns: (Design) 100,000 100,00080,000B20,000 09102118-STPreston Road / First Street Dual Left Turns: (Construction) 800,000 800,000640,000B160,000 10112121-STPreston Road / Prosper Trail Dual Left Turns: (Design) 100,000 100,00011,600Z88,40011122121-STPreston Road / Prosper Trail Dual Left Turns: (Construction) 800,000 800,000800,000A12132207-STCoit Road / US 380 SB Dual Left Turns: (Design) 50,000 50,00050,000A13142207-STCoit Road / US 380 SB Dual Left Turns: (Construction) 250,000 250,000250,000A14151934-STDNT Overpass at US380 80,970,000 9,030,00090,000,00080,970,000A,J,X9,030,000 9,030,00015161936-STUS 380 (US 377 - Denton County Line) 178,105,000 178,105,000178,105,000D,X 16172303-STSafety Way (Cook - Technology): (MOU approved July 19, 2022)800,000 800,000 800,000 L17182304-STGorgeous/McKinley: (LIV Development Agreement) 700,000 700,000700,000L18192210-STImpact Fee Analysis 100,000 100,000 100,000A19201512-STFirst Street (DNT - Coleman): (Design) 2,786,5672,786,5672,439,915A,D346,65220211512-STFirst Street (DNT - Coleman): (Land/Esmt)3,000,000 3,000,0001,225,000D1,775,000 1,775,000 21221512-STFirst Street (DNT - Coleman): (Construction) 19,000,000 19,000,0001,000,000L18,000,000 9,000,000 9,000,000 22232012-STFishtrap (Elem - DNT) - 4 lanes: (Design) 1,057,380 1,057,380405,580A,D,K651,80023242012-STFishtrap (Elem - DNT) - 4 lanes: (Land/Esmt)1,700,000 1,700,0001,700,000 24252012-STFishtrap (Elem - DNT) - 4 lanes: (Construction) 28,200,599 650,00028,850,5991,200,599A,K,L27,000,000 650,000 6,000,000 650,00025261710-STCoit Road (First - Frontier) - 4 lanes: (Design) 1,289,9001,289,9001,289,900A,X26271710-STCoit Road (First - Frontier) - 4 lanes: (Land/Esmt)800,000 1,700,000 2,500,000800,000 1,700,000 800,000 1,700,000 27281710-STCoit Road (First - Frontier) - 4 lanes: (Construction)19,850,00019,850,00019,850,000 19,850,000 28291710-STCoit Road (First - Frontier) - 4 lanes: (Construction) (Intersections) 4,000,000 4,000,0004,000,000B,L29301937-STDNT Main Lane (US 380 - FM 428): (Design)35,000,000 35,000,00035,000,000X30311937-STDNT Main Lane (US 380 - FM 428): (Construction) 315,378,877 2,557,062 2,557,062 5,500,000325,993,000320,500,000L,X,Z5,500,000 5,500,00031322143-STLegacy (Prairie - Fishtrap) - 4 lanes: (Design) 850,000 850,000850,000D 32332143-STLegacy (Prairie - Fishtrap) - 4 lanes: (Land/Esmt)575,000 575,000575,000L 33342143-STLegacy (Prairie - Fishtrap) - 4 lanes: (Construction) 10,000,000 10,000,00010,000,000 10,000,000 34352302-STUS 380 Deceleration Lanes - Denton County:(Construction) 500,000500,000500,000L35362153-STTeel (US 380 - Fishtrap) - 2 NB lanes: (Design) 750,000 750,000750,000D 36372153-STTeel (US 380 - Fishtrap) - 2 NB lanes: (Construction) 5,100,0005,100,0003,700,000Z1,400,000 1,400,0003738Fifth Street Quiet Zone500,000500,000500,000L3839Gee Road (First - Denton Way) - 3rd NB lane: (Design & Construction) 350,000350,000350,000L3940Star Trail, Phase 5: Street Repairs 1,450,0001,450,0001,450,000L4041Traffic Improvement Projects 1,000,0001,000,0001,000,000L4142Prosper Trail (Coit - Custer) - 2 WB lanes: (Design) 400,000400,000400,000L,Z400,0004243Prosper Trail (Coit - Custer) - 2 WB lanes: (Land/Esmt) 500,000500,000500,000500,0004344Prosper Trail (Coit - Custer) - 2 WB lanes: (Construction)12,550,00012,550,00012,550,00012,550,000 44452310-STGee Road (US 380 - FM 1385) - 2 NB lanes: (Design) 2,200,000 2,200,0002,200,000B45462310-STGee Road (US 380 - FM 1385) - 2 NB lanes: (Land/Esmt)1,700,0001,700,0001,700,000B,Z46472310-STGee Road (US 380 - FM 1385) - 2 NB lanes: (Construction)18,000,00018,000,00018,000,000B,Z47481938-STFM 1461 (SH 289 - CR 165)525,000 45,190,87045,715,87045,715,870A,X48492141-STColeman (Gorgeous - Prosper Trail) - 4 lanes: (Design) 900,000 900,000900,000D 49502141-STColeman (Gorgeous - Prosper Trail) - 4 lanes: (Land/Esmt)600,000 600,000250,000D350,000 350,000 50512141-STColeman (Gorgeous - Prosper Trail) - 4 lanes: (Construction) 5,500,000 5,500,0005,500,000 5,500,000 51522142-STColeman (Prosper Trail - Talon) - 2 SB lanes: (Design w/ 2141-ST) 0 52532142-STColeman (Prosper Trail - Talon) - 2 SB lanes: (Land/Esmt) 720,000 720,000375,000D345,000 345,000 53542142-STColeman (Prosper Trail - Talon) - 2 SB lanes: (Construction) 2,700,000 2,700,0002,700,000 2,700,000 54552314-STLegacy (Fishtrap - Prosper Trail) - 2 SB lanes: (Park Place DA) 200,000200,000200,000 200,00055562315-STLegacy (Fishtrap - Prosper Trail) - 2 SB lanes: (Star Trail DA) 550,000550,000550,000 550,00056572311-STFrontier Parkway (Legacy - DNT): (Design) 300,000 300,000300,000 300,00057582311-STFrontier Parkway (Legacy - DNT): (Construction)6,000,0006,000,0006,000,0006,000,00058592311-STFrontier Parkway (Legacy - DNT): (Construction) (DNT Intersection) 1,000,0001,000,0001,000,000L59602305-STFirst Street (Coleman - Craig): (Design)500,000 500,000500,000L60612305-STFirst Street (Coleman - Craig): (Land/Esmt)2,000,0002,000,0002,000,0002,000,00061622305-STFirst Street (Coleman - Craig): (Construction)10,500,00010,500,00010,500,00010,500,000 62632140-STCraig Street (Preston - Fifth): (Design) 300,000 300,000300,00063642140-STCraig Street (Preston - Fifth): (Land/Esmt)150,000 150,000150,00064652140-STCraig Street (Preston - Fifth): (Construction)3,000,000 3,000,0003,000,0003,000,000 65662208-STParvin (FM 1385 - Legacy): (Design)500,000 500,000500,000 500,000 66672208-STParvin (FM 1385 - Legacy): (Land/Esmt)2,000,0002,000,0002,000,0002,000,00067682208-STParvin (FM 1385 - Legacy): (Construction)31,000,00031,000,00031,000,000B,Z6869Remaining Proposition 3: GO Bond Funds1,171,9671,171,9671,171,9671,171,96769385,176,272 360,028,877 58,197,932 27,407,062 28,550,000 0 68,901,967 928,262,109 747,117,257 78,349,885 71,771,967 31,030,000 27,158,033 12,750,000 17,950,000 31,250,000 23,050,000 0 18,201,967Design48,518,847 400,000 0 0 0 0 0 48,918,847CO Bond Debt 0 0 0 5,500,000 10,500,000 0 9,030,000Construction65,612,425 356,578,877 11,757,062 27,407,062 28,550,000 0 55,000,000 544,905,425GO Bond Debt 27,158,033 12,750,000 17,950,000 25,750,000 12,550,000 0 9,171,967Design & Construction261,100,000 1,350,000 45,940,870 0 0 0 10,201,967 318,592,837Land/Easements9,945,000 1,700,000 500,000 0 0 0 3,700,000 15,845,000##A Impact Fees D General Fund G Park Development Fund K EscrowsZOther Sources (See Detail)##B Grant and Interlocal Funds E Water / Wastewater Fund H TIRZ #1 L Capital Dedicated##C Developer Agreements F Stormwater Drainage Fund J TIRZ #2 X Non-Cash ContributionsDescription Codes - Other SourcesIndex IndexStreet Projects Subtotal Funding SourcesOtherSourcesUnissued Debt ScheduleGeneral Fund Projects01Summary of Capital Improvement Program - 2023-09-12 ADOPTEDPage 317Item 18. IssuedFY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33 Total Other Issued Debt Unissued Debt Unissued Debt FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33Prior Years 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033 Cost Sources Authorized GO CO or Future GO 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033012211-TRMedian Lighting US 380 (Mahard - Lovers Ln): (Construction) 300,000300,000300,000A01022101-TRTraffic Signal - Fishtrap & Artesia Boulevard: (Design) 65,00065,00065,000B,L 02032101-TRTraffic Signal - Fishtrap & Artesia Boulevard: (Construction) 460,000460,000460,000B,L 03042317-TRTraffic Signal - DNT/Frontier: (Design) 65,00065,00065,000L04052317-TRTraffic Signal - DNT/Frontier: (Construction) 200,000200,000200,000L05062318-TRTraffic Signal - Teel Pkway & Prairie Drive: (Design) 65,00065,00065,000L06072318-TRTraffic Signal - Teel Pkway & Prairie Drive: (Construction) 460,000460,000460,000L0708Crosswalk Signage, Markings and Flashers400,000400,000400,000L0809Traffic Signal - First Street & La Cima: (Design)65,00065,000 65,00065,0000910Traffic Signal - First Street & La Cima: (Construction)460,000460,000 460,000460,0001011Traffic Signal - Fishtrap & Legacy Drive: (Design)65,00065,00065,00065,0001112Traffic Signal - Fishtrap & Legacy Drive: (Construction)460,000460,000460,000460,0001213Traffic Signal - Richland Blvd & Walmart/Pandera: (Design)65,00065,00065,000A1314Traffic Signal - Richland Blvd & Walmart/Pandera: (Construction)460,000460,000460,000A14300,000 795,000 920,000 0 0 0 1,575,000 3,590,000 2,540,000 0 1,050,000 00000001,050,000Design0 195,000 0 0 0 0 195,000 390,000CO Bond Debt0000000Construction300,000 600,000 920,000 0 0 0 1,380,000 3,200,000GO Bond Debt0000001,050,000Design & Construction0000000 0Land/Easements0000000 0 IssuedFY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33 Total Other Issued Debt Unissued Debt Unissued Debt FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33Prior Years 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033 Cost Sources Authorized GO CO or Future GO 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033Neighborhood Park01Star Trail Park #2 (7.5 Acres / No Lights): (Construction)535,000535,000535,000C01022254-PKWindsong Park #3: (Design) 100,000 100,000100,000G 02032254-PKWindsong Park #3: (Construction) 650,000 650,000650,000C 03042107-PKLakewood Preserve, Phase 2 (22 Acres/Lights): (Construction) 3,845,000 1,150,000 4,995,0002,895,000D,G,Z2,100,000 04042319-PKDowntown Park (Broadway/Parvin): (Design) 50,000 50,00050,000G04052319-PKDowntown Park (Broadway/Parvin): (Construction) 500,000 500,000500,000G0506Star Trail Park #3 (7.5 Acres/ No Lights): (Construction)535,000 535,000535,000C0607Town Hall Open Space: (Design)200,000 200,000200,000200,0000708Town Hall Open Space: (Construction)1,810,0001,810,0001,810,0001,810,0000809Downtown Event Space: (Design)1,250,0001,250,0001,250,0001,250,0000910Downtown Event Space: (Construction)11,250,00011,250,00011,250,00011,250,0001011Rutherford Park: (Design)500,000500,000500,000500,0001112Rutherford Park: (Construction)4,500,0004,500,0004,500,0004,500,0001213Un-named Neighborhood Park: (Design)200,000200,000200,000200,0001314Un-named Neighborhood Park: (Construction)930,000930,000930,000930,0001415Remaining Proposition B: GO Bond Funds1,710,6801,710,6801,710,6801,130,00015Trails 162120-PKGee Rd. Trail Connection 700,000 700,000700,00016172119-PKWestside Waterline Trail Connection 800,000 800,000800,000 800,000 17182147-PKWindsong H&B Trail Ph 6A and 10: (Construction)1,786,572 495,000 2,281,5722,281,572C1819Prosper Center Park Trail Connection900,000900,000900,000900,0001920Various Hike and Bike Trails 580,680 419,3201,000,000580,680Z419,3201,000,00020Community Park 212122-PKRaymond Community Park, Phase 1: (Design) 1,200,000 1,200,0001,200,00021222122-PKRaymond Community Park, Phase 1: (Construction) 18,600,000 18,600,000600,000L9,000,000 9,000,000 9,000,000 9,000,000 22232320-PKWindsong Parkland Dedication: (Final Payment) 1,913,800 1,913,8003,827,6003,827,600G,L2324Froniter Park Pond Repairs 473,000473,000473,000L2425Community Park - Prosper Trail 55 acres: (Design)3,000,0003,000,0003,000,0003,000,0002526Community Park - Prosper Trail 55 acres: (Construction)27,000,00027,000,00027,000,00027,000,0002627Doe Branch - 161 acres: (Design)2,500,0002,500,0002,500,0002,500,0002728Doe Branch - 161 acres: (Construction)22,500,00022,500,00022,500,00022,500,0002829Raymond Community Park, Phase 2: (Design)1,000,0001,000,0001,000,0001,000,0002930Raymond Community Park, Phase 2: (Construction)9,000,0009,000,0009,000,0009,000,00030Medians/Landscape Screening 312150-PK US 380 Green Ribbon Lndscp- Irrigation (Lovers - Mahard): (Design) 95,000 95,00095,000D31322150-PKUS 380 Green Ribbon Lndscp-Irrigation (Lovers - Mahard): (Constr.) 2,200,0002,200,0002,200,000B,D3233 Prairie Median Lndscp (W of Legacy - Mahard): (Design)100,000100,000100,000D3334 Prairie Median Lndscp (W of Legacy - Mahard): (Construction)600,000600,000600,000D3435 Richland Median Lndscp (Prosper Commons - Coit Rd): (Design)100,000100,000100,000D3536 Richland Median Lndscp (Prosper Commons - Coit Rd): (Constr.) 600,000600,000600,000D3637 Prosper Trail Screening (Preston - Deer Run): (Design & Construction) 750,000750,000750,000L3711,625,372 25,717,480 1,530,000 200,000 0 0 89,870,000 128,942,852 17,472,852 13,800,000 15,170,000 82,500,000 9,800,000 9,000,000 0 200,000 0 088,470,000Design1,395,000 50,000 0 200,000 0 0 8,650,000 10,295,000CO Bond Debt00000082,500,000Construction6,816,572 22,423,000 1,530,000 0 0 0 78,190,000 108,959,572GO Bond Debt 9,000,000 9,000,000 0 200,000 0 0 5,970,000Design & Construction3,413,800 3,244,480 0 0 0 0 3,030,000 9,688,280Land/Easements0000000 0##A Impact Fees D General Fund G Park Development Fund K EscrowsZOther Sources (See Detail)##B Grant and Interlocal Funds E Water / Wastewater Fund H TIRZ #1 L Capital Dedicated##C Developer Agreements F Stormwater Drainage Fund J TIRZ #2 X Non-Cash ContributionsDescription Codes - Other SourcesFunding SourcesIndex Summary of Capital Improvement Program - 2023-09-12 ADOPTED02IndexUnissued Debt ScheduleUnissued Debt ScheduleIndex Funding Sources Subtotal IndexPark ProjectsGeneral Fund Projects Subtotal Traffic ProjectsPage 318Item 18. IssuedFY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33 Total Other Issued Debt Unissued Debt Unissued Debt FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33Prior Years 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033 Cost Sources Authorized GO CO or Future GO 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033012105-EQQuint Engine - Fire Station #3 1,495,000 1,495,0001,495,000D01022106-EQAmbulance - Fire Station #3 495,000 495,000495,000D02032201-EQFire Engine - Fire Station #4 1,250,000 1,250,0001,250,000D03042202-EQAmbulance - Fire Station #4 552,000 552,000552,000D04052137-FCFire Station #4: (Design) 600,000 600,000 600,000 05062203-FCFire Station #4: (Other Development Costs) 700,000700,000700,000L06072205-FCFire Station #4: (Construction) 10,200,000 1,025,000 11,225,0001,025,000L10,200,000 10,200,000 07082206-FCFire Station #4: (FF&E)775,000775,000775,000L0809Interim Community Center 2,250,0002,250,0002,250,000Z0910Parks & Public Works, Phase 1: (Design) 1,200,0001,200,0001,200,000Z4,600,0001011Parks & Public Works, Phase 1: (Construction)41,400,00041,400,00041,400,00041,400,00011122321-FCParks and Public Works Parking Lot 1,000,0001,000,0001,000,000Z1213Finish Out Interior Spaces Town Hall First and Second Floor 650,000650,000650,000L1314Public Safety Training Facility, Phase 1: (Design)750,000 750,000750,000750,000 1415Public Safety Training Facility, Phase 1: (Construction)6,750,000 6,750,0002,450,000D450,000 3,850,0004,300,000 1516Fueling Facility: (Design and Construction)455,000455,000455,000455,0001617Fire Station #514,000,000 14,000,00014,000,00014,000,000 1718Fire Engine - Fire Station #51,600,0001,600,0001,600,0001,600,0001819Multigenerational Recreational Center: (Design)4,000,0004,000,0004,000,0004,000,0001920Multigenerational Recreational Center: (Construction)36,000,00036,000,00036,000,00036,000,0002021Municipal Library: (Design) - TBDTBD2122Municipal Library: (Construction) - TBDTBD2223Parks & Public Works, Phase 2: (Design) - TBDTBD2324Parks & Public Works, Phase 2: (Construction) - TBDTBD2425Police Station Expansion and Indoor Gun Range - TBDTBD 2526Town Hall Remodel - Library Conversion - TBDTBD264,392,000 15,300,000 2,500,000 750,000 0 6,750,000 97,455,000 127,147,000 13,842,000 600,000 11,400,000 101,305,000 0 10,200,000 0 750,000 0 4,300,000 102,055,000Design600,000 1,200,000 0 750,000 0 0 4,000,000 6,550,000CO Bond Debt -$ 0000056,055,000Construction0 10,200,000 2,500,000 0 0 6,750,000 77,400,000 96,850,000GO Bond Debt -$ 10,200,000 0 750,000 0 4,300,000 46,000,000Design & Construction0 3,900,000 0 0 0 0 14,455,000 18,355,000Land/Easements/Equipment3,792,000 0 0 0 0 0 1,600,000 5,392,000401,493,644 401,841,357 63,147,932 28,357,062 28,550,000 6,750,000 257,801,967 1,187,941,961 780,972,109 92,749,885 99,391,967 214,835,00036,958,033 31,950,000 17,950,000 32,200,000 23,050,000 4,300,000 209,776,967Design50,513,847 1,845,000 0 950,000 0 12,845,000 66,153,847CO Bond Debt -$ 0 0 5,500,000 10,500,000 0 147,585,000Construction72,728,997 389,801,877 16,707,062 27,407,062 28,550,000 6,750,000 211,970,000 753,914,997GO Bond Debt 36,158,033 31,950,000 17,950,000 26,700,000 12,550,000 4,300,000 62,191,967Design & Construction264,513,800 8,494,480 45,940,870 0 0 27,686,967 346,636,117Land/Easements13,737,000 1,700,000 500,000 0 0 5,300,000 21,237,000SERIES 2023 SERIES 2024 SERIES 2025SERIES 2026 SERIES 2027 SERIES 2028ORIGINAL GO DEBT CAP18,795,000 12,875,000 14,625,000 15,150,000 15,150,000ORIGINAL CO DEBT CAP1,063,000 0 4,030,000 0 5,493,00013,200,000 7,700,000 500,000 12,000,000 2,800,000TOTAL: 33,058,000 20,575,000 19,155,000 27,150,000 23,443,0007,780,485 8,600,000 9,600,000 10,600,000 11,600,000TOTAL w/ CAP DED FUND: 40,838,485 29,175,000 28,755,000 37,750,000 35,043,000GO CAPACITY FROM FINANCE BUDGET PRESENTATION ON AUGUST 8, 2023: 36,958,033 31,950,000 19,155,000 30,500,000 26,800,000 18,650,000##A Impact Fees D General Fund G Park Development Fund K EscrowsZOther Sources (See Detail)##B Grant and Interlocal Funds E Water / Wastewater Fund H TIRZ #1 L Capital Dedicated##C Developer Agreements F Stormwater Drainage Fund J TIRZ #2 X Non-Cash ContributionsDescription Codes - Other SourcesIndex Summary of Capital Improvement Program - 2023-09-12 ADOPTED03General Fund Projects Subtotal Funding Sources Grand Total General Fund General Fund - CAPACITY FOR COMPARISON from Finance in April 2023:ADDITIONAL DEBT CAPCAPITAL DEDICATED FUNDIndexFacility ProjectsUnissued Debt SchedulePage 319Item 18. IssuedFY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33 Total Other Issued Debt Unissued Debt Unissued Debt FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33Prior Years 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033 Cost Sources Authorized GO CO 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033011501-WALPP Pump Station and LPP WL, Phase 2: (Design) 1,585,1001,585,100277,081A1,308,01901021501-WALPP Pump Station, Phase 2: (Construction) 16,393,238 16,393,23812,000,000A,B4,393,238 02031810-WALPP Water Line Phase, 2A Easement Costs 1,500,0001,500,0001,500,000A04041810-WALPP WL, Phase 2A: (Construction) 11,452,76211,452,7623,100,000A8,352,762 03042114-WAFM 1461 12-inch Water Line Relocation: (Design) 400,000400,000400,000E05052114-WAFM 1461 12-inch Water Line Relocation: (Construction) 3,000,0003,000,0003,000,000E06062151-WADNT (Prosper Trail - Frontier Parkway) 12-inch WL: (Design) 200,000 200,000200,000A06072151-WADNT (Prosper Trail - Frontier Parkway) 12-inch WL: (Easements) 2,000,0002,000,0002,000,000 2,000,00007082151-WADNT (Prosper Trail - Frontier Parkway) 12-inch WL: (Construction) 2,500,0002,500,0002,500,000 2,500,00008092312-WADNT Water Line Relocation (US 380 - First): (Design) 146,650146,650146,650E09102312-WADNT Water Line Relocation (US 380 - First): (Construction) 2,000,0002,000,0002,000,000E1011Parks & Public Works, Phase 1: (Design) 600,000600,000600,000Z1112Master Plan Projects1,539,0071,539,0071,539,007Z1213LPP Future Expansion (2026): (Design)1,400,0001,400,0001,400,000A 1314LPP Future Expansion (2026): (Construction)12,600,00012,600,0008,600,000A4,000,0004,000,000 14152210-WAImpact Fee Analysis100,000100,000100,000A1522,324,988 21,091,769 0 0 0 0 14,000,000 57,416,757 34,862,738 18,554,019 0 4,000,000 4,500,0000004,000,000 0 0Design2,431,750 600,000 0 0 0 0 1,400,000 4,431,750Construction16,393,238 18,952,762 0 0 0 0 12,600,000 47,946,000Design & Construction0 1,539,007 0 0 0 0 0 1,539,007Land/Easements3,500,000 0 0 0 0 0 0 3,500,000 IssuedFY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33 Total Other Issued Debt Unissued Debt Unissued Debt FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33Prior Years 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033 Cost Sources Authorized GO CO 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033012103-WWDoe Branch Parallel Interceptor: (Design & Construction) 1,000,000 6,400,0007,400,0001,000,000A6,400,000 2,700,000 3,700,000 01022152-WWUpper Doe Branch WW Line (Teel-PISD Stadium): (Design) 875,000875,000875,000A02032152-WWUpper Doe Branch WW Line (Teel-PISD Stadium): (Easements) 100,000100,000100,000A03042152-WWUpper Doe Branch WW Line (Teel-PISD Stadium): (Construction) 4,050,0004,050,00025,000K4,025,000 4,025,00004052203-WWWilson Creek WW Line: (Design) 35,00035,00035,000E05062203-WWWilson Creek WW Line: (Construction) 365,000365,000365,000E06072322-WWDoe Branch, Phase 3 WWTP: (Construction) 55,000,00055,000,0006,090,331B48,909,669 21,409,669 27,500,00007082210-WWImpact Fee Analysis100,000100,000100,000A08092323-WWSanitary Sewer Replacement (LIV Development): (Construction) 75,00075,00075,000E092,075,000 65,925,000 0 0 0 0 0 68,000,000 8,665,331 0 0 59,334,669 4,025,000 24,109,669 31,200,0000000Design975,000 35,000 0 0 0 0 0 1,010,000Construction0 4,490,000 0 0 0 0 0 4,490,000Design & Construction1,000,000 61,400,000 0 0 0 0 0 62,400,000Land/Easements100,000 0 0 0 0 0 0 100,000 IssuedFY 24 FY 25 FY 26 FY 27 FY 28 Total Other Issued Debt Unissued Debt Unissued Debt FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33Prior Years 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033 Cost Sources Authorized GO CO 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-203301XXXX-DRFuture Drainage Project: (Design)0102XXXX-DRFuture Drainage Project: (Construction)02000000000 0000000000Design00000 0 0Construction00000 0 0Design & Construction00000 0 0Land/Easements00000 0 024,399,988 87,016,769 0 0 0 0 14,000,000 125,416,757 43,528,069 18,554,019 0 63,334,669 8,525,000 24,109,669 31,200,000 0 4,000,000 0 0Design3,406,750 635,000 0 0 0 0 1,400,000 5,441,750Construction16,393,238 23,442,762 0 0 0 0 12,600,000 52,436,000Design & Construction1,000,000 62,939,007 0 0 0 0 0 63,939,007Land/Easements3,600,000 0 0 0 0 0 0 3,600,000##A Impact Fees D General Fund G Park Development Fund K EscrowsZOther Sources (See Detail)##B Grant and Interlocal Funds E Water / Wastewater Fund H TIRZ #1 L Capital Dedicated##C Developer Agreements F Stormwater Drainage Fund J TIRZ #2 X Non-Cash ContributionsDescription Codes - Other Sources Subtotal Subtotal Index Subtotal Grand Total Enterprise Funds Index IndexUnissued Debt ScheduleUnissued Debt ScheduleFunding SourcesIndexWastewater ProjectsDrainage ProjectsIndexFunding SourcesFunding Sources04Enterprise Fund ProjectsSummary of Capital Improvement Program - 2023-09-12 ADOPTEDIndexWater ProjectsUnissued Debt SchedulePage 320Item 18. Funding Sources IssuedFY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33 Total Other Issued Debt Unissued Debt Unissued Debt FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29-33Prior Years 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2028-2033 Cost Sources Authorized GO CO 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2033401,493,644 401,841,357 63,147,932 28,357,062 28,550,000 257,801,967 1,187,941,961 780,972,109 92,749,885 99,391,967 214,835,000 36,958,033 31,950,000 17,950,000 32,200,000 23,050,000 4,300,000 209,776,96724,399,988 87,016,769 0 0 0 14,000,000 125,416,757 43,528,069 18,554,019 0 63,334,669 8,525,000 24,109,669 31,200,000 0 4,000,000 0 0425,893,632 488,858,126 63,147,932 28,357,062 28,550,000 271,801,967 1,313,358,718 824,500,178 111,303,904 99,391,967 278,169,669 45,483,033 56,059,669 49,150,000 32,200,000 27,050,000 4,300,000 209,776,967CO Bond Debt 8,525,000 24,109,669 31,200,000 5,500,000 14,500,000 0 147,585,000GO Bond Debt 36,158,033 31,950,000 17,950,000 26,700,000 12,550,000 4,300,000 62,191,967Design53,920,597 2,480,000 0 950,000 0 14,245,000 71,595,597Construction89,122,235 413,244,639 16,707,062 27,407,062 28,550,000 224,570,000 806,350,997Design & Construction265,513,800 71,433,487 45,940,870 0 0 27,686,967 410,575,124Land/Easements17,337,000 1,700,000 500,000 0 0 5,300,000 24,837,000 Grand Total Capital Improvement Program Enterprise Funds General Fund Capital Improvement Program SummaryUnissued Debt ScheduleCapital Improvement Program SummarySummary of Capital Improvement Program - 2023-09-12 ADOPTEDPage 321Item 18.