Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022 1101
Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Tina Stewart Submitting Department: Animal Control Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing National Animal Shelter Appreciation week. (Mayor) Suggested Action: Attachments: National Animal Shelter Appreciation Week.doc 4 MAYORAL PROCLAMATION WHEREAS:There are more than 73 million cats and 68 million dogs living in more than 63 million households across the United States; and WHEREAS,The irresponsibility of some pet owners and resulted in animals running loose and unsupervised, causing a threat to public health and safety; and WHEREAS, Pet owners who have not had their companion animals spayed or neutered contribute to pet overpopulation; and WHEREAS,Animal shelters help both animals and people in many ways: by returning lost pets to their owners, enforcing animal control laws, rescuing injured animals, educating the public, and matching up families with new animal companions. NOW, THEREFORE,I, Richard Boyer, Mayor of the City of The Colony, Texas, do hereby proclaim November 6 - 12, 2022, as a week of celebration and recognition of: NATIONAL ANIMAL SHELTER APPRECIATION WEEK in recognition of Moscow and other Palouse area animal shelters for providing compassionate services to animals and people in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of The Colony, Texas, to be affixed this 1st day of November, 2022. Richard Boyer, Mayor City of The Colony 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 6 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Announcement Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. Suggested Action: Attachments: 7 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discussion on Oncor service issues within The Colony. (Powell) Suggested Action: Attachments: 8 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discussion on LPGA Council Liaison Group. (Powell) Suggested Action: Attachments: 9 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 10 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from October 18, 2022. (Stewart) Suggested Action: Attachments: October 18, 2022 DRAFT Minutes.docx 11 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON OCTOBER 18, 2022 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 18 th day of October 2022, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Robyn Holtz, Councilmember Brian Wade, Deputy Mayor Pro Tem David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Mayor Pro Tem Present Present Present Present Absent (Personal) Present Present And with 6 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Councilmember Ensweiler delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest 1.5.1 Receive presentation from the Library regarding upcoming events and activities. Library Director, Megan Charters, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT None. 3.0 WORK SESSION 3.1 Discuss and provide direction to staff regarding rental fee rates for cell tower sites located on city properties and/or associated city infrastructure. 12 City Council – Regular Meeting Agenda October 18, 2022 Page| 2 Director of Engineering, Ron Hartline, provided an overview of this item. 3.2 Council to provide direction to staff regarding future agenda items. None. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos 4.2 and 4.4- Schrag; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from October 5, 2022. 4.2 Consider approving a resolution authorizing the City Manager to execute a contract with GameTime, c/o Cunningham Recreation, for the purchase and installation of two replacement playgrounds in the amount of $215,212.07 at The Colony Five Star Complex to be funded by the Community Development Corporation. Motion to approve- Ensweiler; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2022-069 4.3 Consider approving a resolution authorizing the City Manager to sign a Construction Services Contract in the amount of $1,239,448.00 with Quality Excavation, Ltd. for the reconstruction of Elm Street, Witt Drive and East Lake Highlands Drive. Motion to approve- Holtz; second by Wade, motion carried with all ayes. RESOLUTION NO. 2022-070 4.4 Consider approving a resolution authorizing the City Manager to sign an Engineering Services Contract in the amount of $ 290,610.00 with Halff Associates, Inc. to prepare construction plans and specifications for the Phase 13 Residential Street Reconstruction project. RESOLUTION NO. 2022-071 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider approving an ordinance levying of the Public Improvement District Annual Assessment on properties located within the City of The Colony Public Improvement District No. 1 for the Fiscal Year 2022- 23. 13 City Council – Regular Meeting Agenda October 18, 2022 Page| 3 Executive Business Liaison, Jeremie Maurina, gave an overview of the item. The public hearing opened and closed at 6:58 p.m. with no speakers. Motion to approve –Marks; second by Wade, motion carried with all ayes. ORDINANCE NO. 2022-2491 5.2 Conduct a public hearing, discuss and consider an ordinance regarding a Specific Use Permit (SUP) to allow an approximately 720 sq. ft. Health and Wellness store [retail, other] known as “The Green Room,” located at 6805 Main Street, Suite 120, within the Shopping Center (SC) Zoning District and Gateway Overlay District. Planning Director, Isaac Williams, gave an overview of this item. The public hearing opened and closed at 7:02 p.m. with no speakers. Representative, Marco Parada, answered questions from the Council relative to the item. Motion to approve –Marks; second by Wade, motion carried with all ayes with the exception of Ensweiler and Holtz voting no. ORDINANCE NO. 2022-2492 5.3 Discuss and consider an ordinance regarding the Site Plan application of “Tribute Lakeside Park and Marina,” an approximately 25 acre park and marina. The subject site zoned Agricultural (A) and is located on Lake Lewisville and west of the intersection of Castlebridge and Bridge Lane within The Tribute Community. Planning Director, Isaac Williams, gave an overview of the site plan application. Motion to approve –Schrag; second by Holtz, motion carried with all ayes. ORDINANCE NO. 2022-2493 5.4 Discuss and consider an ordinance regarding the Site Plan application of “Worldsprings,” a pool resort consisting of approximately 12,720 square-feet of mineral spa pools, on an approximately 10.3 acre tract. The subject site is located north of Plano Parkway and east of Destination Drive within the NFM-Grandscape Planned Development (PD25). Planning Director, Isaac Williams, gave an overview of the site plan application. Representative, Jim Mikula, answered questions from the Council relative to the item. 14 City Council – Regular Meeting Agenda October 18, 2022 Page| 4 Motion to approve –Schrag; second by Ensweiler, motion carried with all ayes. ORDINANCE NO. 2022-2494 Executive Session was convened at 7:34 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation or dismissal of a Keep The Colony Beautiful Board Member. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 200th Judicial District Court, Travis County, Texas. Regular Session was reconvened at 9:00 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action a a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Motion to approve Type A, Type B and City amendments to Performance and Chapter 380 agreements with Cooperative Sourcing LLC on the terms discussed in executive session- Wade; second by Ensweiler, motion carried with all ayes. B. Any action as a result of executive session regarding the evaluation or dismissal of a Keep The Colony Beautiful Board member. Motion to remove Madeline Sertner from the Keep The Colony Beautiful Board-Schrag; second by Wade, motion carried with all ayes. C. Any action as a result of executive session regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, 15 City Council – Regular Meeting Agenda October 18, 2022 Page| 5 Cause No. D-1-GN-21-006079, 200th Judicial District Court, Travis County, Texas. No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 9:01 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 16 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Jackie Kopsa Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a contract with the U.S. Army Corps of Engineers allowing for maintenance to the Shoreline trail. (Kopsa) Suggested Action: Attachments: Cover Letter.pdf Acknowledgment.pdf Consent No. DACA63-9-23-0500.pdf COA.pdf Council Memo - Corps Maintenance Agreement.docx Res. 2022-xxx US Corps of Engineers for Shoreline maintenance.docx 17 18 ACKNOWLEDGMENT STATE OF TEXAS § § SS. COUNTY OF TARRANT § On this __________ day of __________________, 2022, before me, the undersigned officer, personally appeared within named ________________, ______ _____________________________, United States Army Corps of Engineers, Fort Worth District, on behalf of the United States of America, and known to me to be th e person whose name is subscribed to the foregoing instrument by virtue of the above - cited authority and acknowledged to me that he executed the same in such capacity for the purposes and consideration therein expressed. Given under my hand and seal this __________ day of ___________________, 20 22. ______________________________ Notary Public, State of Texas My Commission Expires:__________ Printed Name:___________________ STATE OF TEXAS § § SS. COUNTY OF _________________ § On this __________ day of __________________, 2022, before me, the undersigned officer, personally appeared _________________________________, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ______________________________ Notary Public, State of Texas My Commission Expires:__________ Printed Name:___________________ 19 20 21 22 23 24 25 City of The Colony Memo To:Mayor and Council From:Jackie Kopsa, Parks & Recreation CC:Brant Shallenburger, Deputy City Manager Troy Powell, City Manager Date:March 2, 2021 Re:USACOE Maintenance Agreement Purpose To consider execution of a maintenance agreement with the U.S. Army Corps of Engineers for the purpose of completing maintenance on a section of the Shoreline Trail located at Scout Park. Because the trail is located in the flowage easement and is included within the City’s lease boundaries with the Corps, we are required to obtain permission for all significant repairs to areas within the existing trail. The execution of this contract will allow us to complete these repairs as proposed to the Corps within the additional attachment labeled, “Consent.” Background The Shoreline Trail has had some major erosion issues along both downward slopes of the trail coming off the berm alongside Scout Pond. Following any period of continuous heavy rain (> 0.30” per hour), the decomposed granite, the primary source of fill material, is in the direct path of flowing water from the berm and gets carried hundreds of feet down the trail, where it becomes largely unusable. On the east side of the berm, the water has carved through the same area so many times that it has taken a portion of previously damaged geo-webbing and weed mat with it. This section of the trail has been wiped out to this extent at least two to three times a year every year since 2015. Maintenance on this section of the trail is solely reactionary due to the unpredictability of the weather and the inability to divert the heavy flow of water to another location. It can take a crew of three up to a week and up to 30 tons of decomposed granite to repair the trail. This involves hauling materials that may include decomposed granite, flex base, and/or dirt from separate sites (as there is no permanent storage zone in this area) using a trailer and then spreading and leveling the materials by tractor and hand. Even after repairs, unusable decomposed granite remains on the side of the trail as an eyesore; a tractor can only scoop and back drag a small amount of the decomposed granite after it has been washed out into the surrounding grass. The trail itself also looks worse for wear after each washout repair, with more geowebbing showing and the trail becoming more unlevel. 26 2 Recommendation The approval of this contract will allow us to utilize a contractor to repair this section of the trail. In an effort to reduce maintenance costs and man hours, a proactive solution would be to extend the current concrete on the west side of the berm by an additional 180 feet north and an additional 85 feet south, as well as to add a 201 foot section of concrete on the east side of the berm. This would make a concrete path on both sides that starts right before the curve at the berm and follows the trail until it passes the sections that have previously been known to collect washed out decomposed granite. It would cover the same path that the water already takes, but would eliminate the aggregate of loose material gathering in the lake’s flood zone, as well as greatly reduce the amount of maintenance that will be required after heavy rains. The funding for this item will be covered through the Community Development Corporation in the previously established capital project for Shoreline Trail Erosion repair and is estimated at less than $50,000. Thank you for your consideration of this request. 27 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE U.S. ARMY CORPS OF ENGINEERS ALLOWING FOR MAINTENANCE TO THE SHORELINE TRAIL; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE WHEREAS, the City of The Colony, Texas, has requested the United States Army Corps of Engineers – Fort Worth Division to give consent to construct, operate and maintain a portion of Stewart Creek Park nature trail; and WHEREAS, the City has determined that it is in the best interest of the City to enter into this Consent to Easement Structures with the United States Army Corps of Engineers – Fort Worth Division, a copy of which is attached hereto as Exhibit A and is incorporated herein for all purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council for the City of The Colony, Texas, does hereby approve the Consent to Easement Structures with the United States Army Corps of Engineers – Fort Worth Division, a copy of which is attached hereto as Exhibit A and is incorporated herein for all purposes, and authorizes the City Manager to execute said Agreement on behalf of the City of The Colony, Texas. Section 2.That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1ST DAY OF NOVEMBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary 28 APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 29 Exhibit A Supplemental Agreement No. 1 30 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Chris Cuellar Submitting Department: Information Technology Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a professional services contract with TDC2, LLC in the amount of $553,236.53 for a fiber infrastructure project. (Cuellar) Suggested Action: Background: This project connects Fire Station 4, the Government Center and other City facilities to a new fiber backbone with an option to pay $39,400 for annual fiber maintenance to include 811 locates. It has been budgeted with funding from the Economic Development Corporation and the 200 CIP. Staff recommends approval of this item. Attachments: Fiber Infrastructure Project Background.docx TDC2 Contract.pdf Res. 2022-xxx TDC2, LLC Contract.doc 31 Fiber Infrastructure Project Background This is a budgeted item. The Economic Development Corporation (EDC) approved funding a portion of the fiber infrastructure project on April 13, 2022. City Council passed Ordinance 2022-2467 on April 19, 2022 approving the use of EDC funds for the Fiber Infrastructure project. IT requested and was approved CIP funds for the fiber infrastructure project in the FY22/23 budget. A Fiber Infrastructure Request for Proposal (RFP) was opened on August 5th, 2022. Three bids were received with the winning bidder being TDC2, LLC. TDC2 has met all RFP requirements as set forth by the Purchasing Department. This project was reviewed and approved by the Technologies Board on October 19, 2022. Major project goals will be to connect two new data centers and the Government Center to a 144-strand count fiber backbone. Data centers will be located at Fire Station 4 and Trinity North. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH TDC2, LLC FOR A FIBER INFRASTRUCTURE PROJECT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas, has determined that it is in the best interest of the City to enter into a professional services contract with TDC2, LLC for a fiber infrastructure project; and WHEREAS,this project connects Fire Station 4, the Government Center and other City facilities to a new fiber backbone; and WHEREAS, with this agreement, the City of The Colony is agreeing to pay $553,236.53 with an option to pay $39,400.00 for annual fiber maintenance to include 811 locates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2.This Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1ST DAY OF NOVEMBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 74 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Chris Cuellar Submitting Department: Information Technology Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a professional services and software agreement with MCCi, LLC for Laserfiche document management software in the amount of $57,933.56 with recurring annual maintenance fees of $20,662.50. (Cuellar) Suggested Action: Staff recommends approval of this item. Attachments: Laserfiche Project Background.docx The Colony - Laserfiche Quote.pdf The Colony - Master Services Agreement (FINAL).pdf Res. 2022-xxx Laserfiche document management software.doc 75 Laserfiche Project Background This is a budgeted item The contract has been reviewed and approved by the City Attorney Laserfiche was purchased around 2001 and is currently in use by the City Secretary’s office to scan agendas, ordinances, resolutions, and minutes The goal of this project is to upgrade Laserfiche to the most current version which includes features not currently available A second goal of this project is to provide a more efficient means of scanning and organizing important documents with the ability for quick retrieval via an advanced search system A long-term goal is to digitize important records in use by the City Secretary’s office which will in turn reduce the amount of boxes being stored off-site Digitizing important documents protects them from fire or water damage as well as from being misplaced 76 Addendum No. 1 to Master Services Agreement No. 20728 Page 2 of 28 PRICING: LASERFICHE 3717 Apalachee Parkway, Suite 201 Bill /Ship to: Chris Cuellar Tallahassee, FL 32311 ccuellar@thecolonytx.gov 850.701.0725 cc AP Contact: bbetancourt@thecolonytx.gov 850.564.7496 fax Client Name: The City of The Colony Quote Date: October 13, 2022 Client Address: 6800 Main Street, The Colony, TX 75056 Quote Number: 25405 Order Type: Platform Change Product Description: Qty. Unit Cost BuyBoard #625-20 Annual Total LASERFICHE ANNUAL SUBSCRIPTION - BASIC Laserfiche Business User Subscription (25-49 Users) 25 $830.00 $788.50 $19,712.50 Laserfiche Records Management Subscription 1 Included Included Included Laserfiche Public Portal Subscription for Unlimited Laserfiche Servers 1 Included Included Included Laserfiche Quick Fields Complete with Agent Subscription (10-Pack) 1 Included Included Included Laserfiche Advanced Audit Trail Subscription 1 Included Included Included Laserfiche Forms Portal Subscription 3 Included Included Included Laserfiche Sandbox Subscription 3 Included Included Included Laserfiche Integration with DocuSign Subscription 1 Included Included Included Laserfiche Annual Recurring Subscription Subtotal $19,712.50 MCCi ANNUAL SUBSCRIPTION Laserfiche PowerPack by MCCi Subscription Requires dedicated Full Named User. 1 $1,000.00 $950.00 $950.00 MCCi Annual Recurring Subscription Subtotal $950.00 MCCi SUPPLEMENTAL SUPPORT SERVICES SUBSCRIPTION Process Administration Support Services for Laserfiche 1 $4,275.00 $4,275.00 $4,275.00 Client needs are estimated based on the current components provided herein: up to 25 hours that will expire at the end of your renewal term. Training Center for Laserfiche Subscription (1-49 Users), Per User 25 $78.00 N/A $1,950.00 MCCi SLA for Laserfiche (25-49 Users) 1 $2,500.00 $2,250.00 $2,250.00 77 Addendum No. 1 to Master Services Agreement No. 20728 Page 3 of 28 MCCi Supplemental Support Services Annual Recurring Subscription Subtotal $8,475.00 GRAND TOTAL - RECURRING ANNUAL SUPPORT/SUBSCRIPTION $29,137.50 Service Description: Qty. Unit Cost BuyBoard #625-20 Total MCCi PROFESSIONAL SERVICES - STATEMENT OF WORK Service Packages Please see detailed Statement of Work (SOW). 1 $36,225.00 $34,413.75 $34,413.75 Professional Services Subtotal 1 $34,413.75 GRAND TOTAL - ONE-TIME SERVICES $34,413.75 Laserfiche Full User (Email & Snapshot Included) -2 $78.75 $315.00 Laserfiche Retrieval User (Email Included) -10 $31.50 $630.00 Laserfiche ScanConnect (Legacy) -1 $17.33 $34.65 Laserfiche United Server for MS SQL -1 $761.25 $1,522.50 Laserfiche WebLink -1 $834.75 $1,669.50 Laserfiche Software Support Credit Proration 1 #VALUE! $2,651.57 Existing Laserfiche Software Support Credit Total ($1,520.08) EXISTING MCCI SUPPORT/SUBSCRIPTION CREDIT Managed Services, Per Hour -1 MCCi Supplemental Support Services Credit Proration 1 Existing MCCi Supplemental Support/Subscription Credit Total ($459.12) GRAND TOTAL - EXISTING SUPPORT CREDIT ($1,979.20) Laserfiche One-Time Discount - 2022SBLED 1 ($3,638.48) TOTAL LASERFICHE PROJECT COST $57,933.56 All Quotes Expire 30 Days from Quote Date This is NOT an invoice. Please use this confirmation to initiate Client’s purchasing process. 78 Addendum No. 1 to Master Services Agreement No. 20728 Page 4 of 28 RECURRING SERVICES The Recurring Services portion of this Order will be based on the pricing at the time of renewal. It will systematically renew unless written notice of termination has been provided per the master agreement. In the event that a manufacturer increases its prices for recurring annual services, the increase will be passed along to the Client. No more than once per year, MCCi may adjust its recurring annual services (services not related to 3rd party manufacturers) to coincide with current U.S. inflation rates; any increase will not exceed the cumulative increase in the Consumer Price Index (CPI) occurring since the last price increase. Please note that if you subscribe to volume- based solutions, additional user licenses may increase the cost of those items at the time of your next annual renewal. SALES TAX Sales tax will be invoiced where applicable and is not included in the fee quote above. REMOTE SERVICES All services will be performed remotely unless noted otherwise. 79 Addendum No. 1 to Master Services Agreement No. 20728 Page 5 of 28 PRODUCT ORDER TERMS MCCi will process Product Orders as follows: Product/Service Description Timing of Product Order All Software, Recurring Annual Support/Subscription, and Supplemental Support Services Within 30 days of receipt of Order The act of MCCi processing orders determines the start date of annual Recurring Service periods. Establishment of start dates for 3rd party manufacturer products are subject to each manufacturer’s current policy. BILLING TERMS MCCi will invoice Client as follows: Product/Service Description Timing of Billing All Software, Recurring Annual Support/Subscription, and Supplemental Support Services Initial Sale: Upon delivery of software or activation of the subscription Annual Renewal: 75 days in advance of expiration date Professional Services: Statement of Work Defined in Statement of Work MCCi shall not send any invoices nor claim payment for any fees or expenses incurred by MCCi until both parties authorize this Order. Sales tax will be invoiced where applicable and is NOT included in the Pricing section. 80 Addendum No. 1 to Master Services Agreement No. 20728 Page 6 of 28 SUPPLEMENTAL SUPPORT PACKAGES As Client’s first-tier solution provider, MCCi provides multiple options for technical support. Client’s annual renewal covers application break/fix support, version downloads, and continued educational resources. MCCi offers supplemental support packages to cover remote training, basic configuration services, and maintenance of existing business processes. MCCi Managed Support Services (MSS) or Process Administration Support Services (PASS) packages are strongly encouraged to be included with every renewal. Supplemental Support Packages are annual subscriptions and pricing is based on the package purchased and an advanced discounted block of hours, which expire on the same date as Client’s annual renewal. LASERFICHE + Client’s Support/Subscription Renewal includes these benefits, regardless of whether a supplemental package is purchased. * Excludes the development of new integrations, large-scale development projects, and SQL queries. ** Hours: MCCi allows clients to use their hours for a multitude of services, as long as a request will not start a service that cannot be completed with the hours available. None of the packages listed above are intended to be utilized to configuration a new complex business process. In those instances, a separate SOW is required. Managed Support Services Process Administration Support Services Description MSS MSS 2 PASS PASS 2 Easy access to MCCi’s team of Certified Technicians for application break/fix support issues (i.e. error codes, bug fixes, etc.)+ Remote access support through web conferencing service + Access to product update version and hotfixes (Client Download)+ 24/7 access to the Laserfiche Support Site and Laserfiche Answers discussion forums+ Additional Remote Basic Training Additional System Settings Consultation Assistance with Implementation of Version Updates Annual Review (upon Client’s request) of Administration Settings Priority Offering of Laserfiche CPPs & Laserfiche Empower Registration Scholarships Configuration and maintenance of basic business processes and MCCi packaged solution utilizing Laserfiche Forms and Workflow Configuration of Laserfiche Quick Fields sessions Basic Records Management Module Overview Training Administration Configuration Services Dedicated Certified Professional Proactive recurring consultation calls upon the Client’s request Annual Review of business process configurations Institutional Knowledge of Client’s Solution Maintenance of MCCi/Client configured complex business processes Ability to schedule after-hours migrations/upgrades Monday-Friday 8 am to 10 pm ET and Saturday-Sunday from 12 pm to 4 pm ET Basic JavaScript, CSS, and Calculations for Laserfiche Forms* 81 Addendum No. 1 to Master Services Agreement No. 20728 Page 7 of 28 BUSINESS PROCESS DEFINITIONS (RELATIVE TO THE TABLE ABOVE) A Workflow, Forms, or Quick Fields process that automates or streamlines an organization-specific process. BASIC: A business process requiring minimal configuration and virtually no institutional knowledge of the Client’s business process, allowing an MCCi Application Support Analyst to assist with configuration, support, and maintenance of the process. COMPLEX: A large business process with an extensive configuration that is mission-critical to the organization. EXAMPLES: Large accounts payable process with a high volume of transactions, approval steps, database lookups, etc. Complex business processes require MCCi’s Application Support Analyst to have institutional/process knowledge to configure the process. For creation of new complex Forms, Workflow, and Transparent Records Management configurations, please discuss a Business Process Configuration Service with Client’s Account Executive or Account Manager. MCCi Packaged Solution: A solution MCCi has created for a market that has a specific business process automation use. SUPPLEMENTAL SUPPORT PACKAGE DESCRIPTIONS CLIENT RESPONSIBILITIES (ALL PACKAGES) For self-hosted (applications hosted by Client) solutions: Configuring/maintaining backups and any general network, security, or operating system settings outside of Client’s solution (Laserfiche, ABBYY, Blue Prism). Managing application-level security. Managing and creating retention policies related to Records Management Module. Providing an IT contact (internal or third-party) for MCCi to work with as necessary. Providing remote access capabilities as needed. If the Client requests MCCi to have unattended access, the Client assumes all responsibility for the related session(s). The Client will work with MCCi to set up user profiles, user tags, etc. to allow desired security rights/access. Creating/providing process diagrams (and any other necessary paperwork/examples). PROCESS ADMINISTRATION SUPPORT SERVICES (PASS) MCCi’s PASS package provides all of the MSS 2 benefits, plus access to a dedicated representative and the ability to have recurring calls to discuss Client’s current and upcoming projects. PASS pricing for the advanced block of hours is based on MCCi’s Application Support Analyst hourly rate discounted by 10%. The number of hours included is based on active products and will expire on the same date as Client’s annual renewal. PASS can be used for the following: DEDICATED LASERFICHE CERTIFIED PROFESSIONAL While on MCCi’s MSS 2 level, Client will have access to MCCi’s team of Certified Support Professionals; with PASS Client will have a representative dedicated to Client’s organization. SCHEDULED RECURRING CONSULTATION CALLS Upon Client’s request, Client’s PASS representative will schedule recurring calls with Client to discuss Client’s current and upcoming projects. This helps us stay on the same page with Client and ensure tasks and project milestones are being completed. 82 Addendum No. 1 to Master Services Agreement No. 20728 Page 8 of 28 SERVICE LEVEL AGREEMENT (SLA) MCCi’s SLAs are offered as additional options to Client’s annual support/subscription. An SLA offers clients escalated response times depending on the severity of the support issue, as well as other additional benefits. The SLA documentation and pricing is readily available upon request. MCCi currently has two separate SLAs available: Infrastructure Hosting Application Support (Client Self-Hosted) Application Support (Cloud Applications) THE TRAINING CENTER FOR LASERFICHE MCCi’s Training Center for Laserfiche annual subscription provides an easy, cost-effective way for all users in Client’s organization to access training videos for Laserfiche and ABBYY. BENEFITS 24/7 access to on-demand Laserfiche training videos and other resources Reduction in training expenses Caters to all skill levels from Basic Users to Advanced System Administrators Unlimited access for Client’s entire organization User determined schedule and pacing Reduction in internal support and increased user productivity Increased efficiency through improved internal usage/adoption Instant/budgeted training available in the case of employee turnover Enhance Client’s organization’s internal Laserfiche training program *The Training Center subscription gate is based on Laserfiche user counts 83 Addendum No. 1 to Master Services Agreement No. 20728 Page 9 of 28 MCCi ASSUMPTIONS TECHNICAL SUPPORT Clients may contact MCCi support via MCCi’s Online Support Center, email (support@mccinnovations.com), or telephone 866-942-0464. Support is available Monday through Friday (excluding major holidays) from 8 am to 8 pm Eastern Time. PROFESSIONAL SERVICES CHANGE ORDER PROCESS Any deviations from the contract will be documented in a Change Order that Client must execute. CONFIGURATION ASSISTANCE Many of MCCi’s packages list remote configuration assistance for up to a certain number of days. This is based on total days, not business days. TRAVEL MCCi will schedule travel in consecutive days for most engagements unless otherwise stated or agreed upon. SCHEDULING All rates are based on normal business hours, Monday through Friday from 8 am to 5 pm local time. If scheduling needs to occur after business hours, additional rates may apply. RETURN POLICY Any product returns are subject to the manufacturer’s return policy. LIMITED LIABILITY If the Master Agreement is silent on each Parties’ limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. PRE-EXISTING INTELLECTUAL PROPERTY (IP) The following products noted below are deemed Pre-existing IP as defined in the Master Agreement and are not considered “Works Made for Hire” and as such all rights, title or interest remains with MCCi. Client shall retain, a non- exclusive, royalty-free, world-wide, perpetual license to use the product(s) is such product(s) is integrated into the solution purchased by Client. Laserfiche PowerPack by MCCi Laserfiche EnerGov Integration by MCCi Laserfiche Neogov Integration by MCCi GoFiche Suite for Avante/Rio/Subscription Common Web Service API for Laserfiche CLIENT SOLUTION CUSTOMIZATIONS Client may also choose to customize their system internally, without MCCi’s help. MCCi is not responsible for any damages caused by the user’s customization of the system not performed by MCCi. MCCi will not be held responsible for correcting any problems that may occur from these customizations. Routine updates to as provided by software 84 Addendum No. 1 to Master Services Agreement No. 20728 Page 10 of 28 manufacturers may affect any customizations made by entities other than MCCi. If MCCi’s help is required to correct/update any customizations made by any entity other than MCCi, appropriate charges will apply. CLIENT INFORMATION TECHNOLOGY ASSISTANCE For MCCi to excel in providing the highest level of service, Client must provide timely access to technical resources. Client must provide adequate technical support for all MCCi installation and support services. If Client does not have “in-house” technical support, it is Client’s responsibility to make available the appropriate Information Technology resources/consultant when needed. 85 Addendum No. 1 to Master Services Agreement No. 20728 Page 11 of 28 LASERFICHE ASSUMPTIONS The following assumptions are current as of the date of order. Manufacturer’s terms and conditions are subject to change. HARDWARE REQUIREMENTS & INSTALLATION Client is responsible for ensuring they meet the recommended hardware requirements, which are available upon request. One (1) of each of the following components will be installed as part of Client’s Laserfiche solution by default unless Pricing section states otherwise: LASERFICHE SUBSCRIPTION Laserfiche Server Directory Server (LFDS)* † Windows Client & Administration Console Import Agent Web Client* Workflow (Professional/Business only) Mobile Server Forms* (Professional/Business only) Federated Search* Audit Trail *Requires SSL/TLS Certificate. Client is responsible for acquiring and installing prior to Laserfiche implementation. Certificate requirements for Laserfiche Directory Server can be found here. †Required for all Rio and Avante systems and cannot be removed. Note: Configuring a test environment, setting up an external DMZ, and/or setting up failover/load balancing are not included by default and must be detailed and priced in the applicable Statement of Work to be implemented. LASERFICHE END USER LICENSE AGREEMENT (EULA) By accepting this Order, Client acknowledges Laserfiche’s EULA and agrees to abide by its terms and absolve MCCi of any Laserfiche product-related liability. LASERFICHE SOFTWARE SUPPORT PLAN MCCi acts as first-tier support and works with Laserfiche, who would provide second-tier level support when needed. Laserfiche software support plans are applicable to actively supported perpetual software and are bundled with on- premises Subscription and Cloud systems. All software support plans are on a yearly subscription basis and accompany the applicable software product designed, developed, created, written, owned, or licensed by Laserfiche. On-premises Subscription and Cloud system subscribers are advised to export data from their Laserfiche system prior to cancellation or any other termination. ACTIVE LASERFICHE SOFTWARE SUPPORT PLAN BENEFITS INCLUDE: Easy remote access to MCCi’s team of Laserfiche Gold Certified Support Technicians Access to new product update versions and hotfixes Software credit eligibility for product upgrades, as determined by Laserfiche’s then current policy Continued access to Client’s Laserfiche solution* * Specific to Laserfiche Cloud and Laserfiche on-premises Subscription licensed Clients POLICIES To receive periodic product updates for a Laserfiche Software Solution, its associated software support plan must be purchased and maintained throughout the software term. All software support plan subscriptions are annual, prepaid and non-refundable The annual term start date for new systems is established by Laserfiche at the time MCCi submits an order to Laserfiche on Client’s behalf. 86 Addendum No. 1 to Master Services Agreement No. 20728 Page 12 of 28 For platform upgrades, software and support credit eligibility is determined by Laserfiche’s then current policy. To receive any available software or support credit, Client’s support plan must be active (i.e., support plan has not expired) For expansion purchases, the applicable service period is prorated to match Client’s existing or future service period, which is dependent on Laserfiche’s then current policy and the timing of the expansion order vs. the Client’s annual service period renewal date (i.e., prorating for less than four months may not be permittable due to the timing of renewal invoicing.) LATE PAYMENTS If payment is not received before Client’s renewal date, Client’s Laserfiche software support plan expires. Please allow up to five (5) business days after receipt of payment for MCCi to process renewal payment to Laserfiche. Impact of Expiration: Client will be able to access MCCi Support Technicians for 30 days post expiration. However, if there are support issues that require Laserfiche involvement, these issues cannot be resolved until Client’s support is renewed. Perpetual software support plan: Access to the Laserfiche support website and Laserfiche technicians will no longer be available until MCCi receives Client’s renewal payment and processes payment to Laserfiche. Laserfiche on-premises Subscription or Laserfiche Cloud: Access to Client’s Laserfiche solution will be turned off after 30 days and Client’s access to the Laserfiche support website, and Laserfiche technicians will no longer be available until MCCi receives Client’s renewal payment and processes payment to Laserfiche. Laserfiche on- premises Subscription Clients must reactivate the on-premises Subscription system following payment of the software support plan renewal to ensure uninterrupted usage. Reinstatement Fees: In order to receive uninterrupted support for perpetual on-premises Laserfiche Software Solutions, Client must maintain a software support plan for the term of the Laserfiche Software Solution. In the event that Client’s software support plan is expired for more than 45 days, the plan will need to be reinstated. Reinstatements reset the annual date of the software support plan, and the cost includes one year of the software support plan in addition to the Reinstatement Fee. The Reinstatement Fee is a 10% markup on the lapsed value of the software support plan. The Reinstatement Fee includes the number of days lapsed since your software support plan expired. INTEGRATIONS Third-party Laserfiche integrations or utilities may consume one (1) or more Laserfiche user licenses depending on how the vendor designed and coded the integration. These additional licensing needs should be verified by Client and considered in the user licensing purchased. LASERFICHE SOLUTION PROVIDER OF RECORD As Client’s current Solution Provider of Record, Laserfiche’s policy dictates that MCCi is the only Laserfiche Solution Provider that has access to Client’s support account, along with the ability to download software licenses and activations, process subscription renewals and initiate additional purchases on Client’s behalf. Unless Client decides to cancel Client’s contract with MCCi or work with Laserfiche to formally change Client’s Laserfiche Solution Provider of Record, future purchases and subscription renewals will be processed and provided by MCCi. 87 Addendum No. 1 to Master Services Agreement No. 20728 Page 13 of 28 Exhibit A: Statement of Work The City of The Colony Service Packages Issued: October 13, 2022 Valid for 30 days 88 Addendum No. 1 to Master Services Agreement No. 20728 Page 14 of 28 TABLE OF CONTENTS Statement of Work (“SOW”) ........................................................................................................................................................... 15 Background ......................................................................................................................................................................................... 15 Project Objectives ............................................................................................................................................................................. 15 Project Stakeholders ........................................................................................................................................................................ 16 General Information ............................................................................................................................................................... 16 MCCi SOW Preparation Information .................................................................................................................................... 16 Client Decision Maker ............................................................................................................................................................ 16 Client Project Stakeholders ................................................................................................................................................... 16 Milestones & Deliverables .............................................................................................................................................................. 17 Excluded ................................................................................................................................................................................... 22 General ..................................................................................................................................................................................... 22 SOW Assumptions ............................................................................................................................................................................. 23 Deliverable Acceptance Criteria ............................................................................................................................................ 23 General ..................................................................................................................................................................................... 23 General Testing Definitions ................................................................................................................................................... 24 General Exclusions ................................................................................................................................................................. 24 Limited Liability ....................................................................................................................................................................... 25 Installation ............................................................................................................................................................................... 25 Roles & Responsibilities................................................................................................................................................................... 26 Project Manager ...................................................................................................................................................................... 26 System Engineer ..................................................................................................................................................................... 26 Solutions Engineer .................................................................................................................................................................. 26 Billing Schedule .................................................................................................................................................................................. 27 Fixed Fee Billing Schedule ..................................................................................................................................................... 27 Process & Escalation ......................................................................................................................................................................... 28 Change Order Process ........................................................................................................................................................... 28 Issue Escalation ....................................................................................................................................................................... 28 89 Addendum No. 1 to Master Services Agreement No. 20728 Page 15 of 28 STATEMENT OF WORK (“SOW”) This Statement of Work (including appendices hereto, the (“SOW”) is part of Client’s Master Agreement with MCCi (the “Master Agreement”) and will serve as an Exhibit to the Order. If there is any conflict or inconsistency between the provisions of this SOW and the Master Agreement, the provisions of the Master Agreement shall apply unless the discrepancy is specifically called out within this SOW in which case this SOW shall control solely with respect to such conflict or inconsistency. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Master Agreement. In consideration of the foregoing and of the mutual covenants and promises set forth herein, MCCi and Client agree as follows: BACKGROUND Client has requested Service Packages for MCCi to install and configure. PROJECT OBJECTIVES Project Kickoff and Staging Records Management Configuration System Migration Package Laserfiche Installation Package Laserfiche Connector Integration Config and Training Laserfiche Power Pack Installation and Config Package Laserfiche Repository Admin Training – Basic User Training – 2 Days Full Remote Alpha Testing and UAT Solution Acceptance and Project Closeout 30-Day Implementation Configuration Assistance [remainder of page left intentionally blank] 90 Addendum No. 1 to Master Services Agreement No. 20728 Page 16 of 28 PROJECT STAKEHOLDERS GENERAL INFORMATION PROJECT NAME PROJECT MANAGER MCCi SINGLE POINT OF CONTACT Service Packages TBD Mike Collier MCCi SOW PREPARATION INFORMATION NAME TITLE EMAIL PHONE NUMBER Gabe Young Solutions Engineer gyoung@mccinnovations.com 850-701-0725 ext. 1747 CLIENT DECISION MAKER NAME TITLE EMAIL PHONE NUMBER Chris Cuellar IT Director ccuellar@thecolonytx.gov 972-624-3133 CLIENT PROJECT STAKEHOLDERS NAME TITLE EMAIL PHONE NUMBER Chris Cuellar IT Director ccuellar@thecolonytx.gov 972-624-3133 [remainder of page left intentionally blank] 91 Addendum No. 1 to Master Services Agreement No. 20728 Page 17 of 28 MILESTONES & DELIVERABLES MILESTONE DELIVERABLES #1: Project Kickoff and Staging Project Kickoff: MCCi team will coordinate and conduct 30-minute meeting with Client project stakeholders to review project objectives, assumptions, deliverable(s); and discuss procedures, plans, collaboration platform, roles, timeline, etc. Creation of Asana Project: MCCI Project Manager will create and manage project timelines, milestones, deliverables, communication, etc. through Asana and provide access to Client’s project team. Remote Access Set Up for MCCi Project Team: Client IT contact will work with MCCi Project Manager to establish the appropriate remote server access needed for the project and according to Client’s internal security protocols. #2: Records Management Configuration MCCi will configure Records Management in Client’s repository using Transparent Records Management (TRM). Using TRM, both records managers and general users can organize the same repository in the manner they each prefer, simultaneously. The process is “transparent” because it enables general users to see through the complex records management layout to their desired structure. Records management requirements do not interfere with day-to-day business needs, and records managers can retain control over the way information is categorized and filed outside of the view of everyday users of the system. CLIENT DELIVERABLES Provide Client representative to participate in organizing the repository through templates and folder structure and plan out the templates, record types, and folder structure, not to exceed 15 record types that will be implemented Provide all necessary information on the retention schedules to be implemented Have a testing team complete User Acceptance Testing (UAT) within two (2) weeks of the completion of deployment MCCi DELIVERABLES Create up to three (3) templates, up to (fifteen)15 Record Series, and up to (fifteen)15 folders Build workflow(s) to file records in correct record series and create a shortcut in the end user folder structure. Workflows will be based on information that users input into the template when adding the document to Laserfiche. These workflows will be for filing purposes only and not include any business process steps for approval, review, etc. Build a workflow to run on a schedule set by Client that sends an email notification (to Client’s Records Manager and up to one (1) other user) with up to three (3) links to display a list in the Web Client of all records available for cutoff, disposition, or vital records that need review Conduct half-day of remote “train the trainer” training on administering and executing the processes built by the MCCi project team Perform alpha and beta testing on the built processes. MCCi will transition project to Client UAT team once beta is complete and successful EXCLUSIONS MCCi is not responsible for the following: Creating training documentation for these processes 92 Addendum No. 1 to Master Services Agreement No. 20728 Page 18 of 28 Managing or providing upkeep of the Laserfiche Records Management System Configuring any e-mail notifications for records management actions outside of basic notifications for records available for cutoff, records available for disposition, and vital documents for review Installing software #3: System Migration Package MCCi’s System Migration Package is designed for MCCi to assist with moving your existing Laserfiche infrastructure with your currently installed applications to your new server environment and upgrading to the latest Laserfiche supported versions. CLIENT DELIVERABLES Provide Microsoft Window Server(s) that meets Laserfiche system requirements Provide a Windows account that has administrative rights to each new Laserfiche server, can create, write, and read the various Laserfiche databases, and query Active Directory Acquire, install, and setup TLS certificates that meet Laserfiche requirements Create backup of Laserfiche databases and restore in new SQL environment Transfer data to new environment MCCi DELIVERABLES Install and configure one (1) instance of each existing Laserfiche application in one (1) environment (e.g., Test, Dev, Staging, QA, etc.) Register existing repositories in the new environment with the various Laserfiche applications Upgrade existing Laserfiche applications to newest supported version of Laserfiche Provide consultation on best practices for volume and Laserfiche database migrations Perform basic software deployment testing EXCLUSIONS MCCi is not responsible for the following: Installing and configuring failover clusters or load balancing Configuring servers in DMZs Updates to configuration in any Workflows, Forms, Quick Fields, or Import Agent Sessions migrated Configuring Identity Providers other than native Active Directory Installing or Configuring applications that were not already installed or configured Migrating custom settings or integrations ASSUMPTIONS Google Chrome or Chromium Microsoft Edge is installed on all servers. Laserfiche Server version 8 and Laserfiche Workflow version 8.3 or later is currently installed. If applicable, Client has also ordered Installation and Initial Configuration of Active Directory Certificate Services package (see package description for full detail). 93 Addendum No. 1 to Master Services Agreement No. 20728 Page 19 of 28 #4: Laserfiche Installation Package MCCi’s Installation Package is designed for MCCi to install and do initial configuration of the applications that come with your Laserfiche Licensing Platform (e.g., Avante, Rio, Subscription). CLIENT DELIVERABLES Provide Microsoft Windows Server(s) that meet(s) the Laserfiche system requirements Acquire, install, and set up TLS Certificates that meet Laserfiche requirements Provide a Windows account that has administrative rights to each Laserfiche server (can create, write, and read the various Laserfiche databases, and query Active Directory) MCCi DELIVERABLES Install and configure one (1) instance of each application in one (1) environment (e.g., Test, Dev, Staging, QA, etc.) as outlined in the Laserfiche Assumptions section Perform basic software deployment testing EXCLUSIONS MCCi is not responsible for the following: Installing and configuring failover clusters or load balancing Configuring servers in DMZs Migration of existing Laserfiche environment/applications to new environment Configuring identity providers other than Active Directory ASSUMPTIONS Google Chrome or Chromium Microsoft Edge is installed on all Laserfiche servers. If applicable, Client has also ordered Installation and Initial Configuration of Active Directory Certificate Services package (see package description for full detail). #5: Laserfiche Connector Integration Config and Training MCCi provides installation, configuration services and training to assist MCCi’s clients in quickly utilizing the streamlined experience for integrating Laserfiche with a line of business applications. CLIENT DELIVERABLES Ensure that user's machine and application to be integrated with Connector meet Laserfiche Connector requirements outlined in the hardware requirements Provide a test utility to ensure that the application screen is viable prior to purchase. Client is responsible for ensuring the compatibility of applications prior to purchase All data used for configuration must be available from the application screens Appoint a Laserfiche Connector Administrator Provide Laserfiche metadata requirements MCCi DELIVERABLES Install and integrate Laserfiche Connector on one (1) machine within the current Laserfiche system environment pursuant to the Laserfiche Connector requirements Assist in configuration of integration for up to one (1) application screen with three (3) standard actions on one machine Standard Actions Included: Scan, Import, Search Client, Search Weblink, and/or Search Web Access, launching from the desired application to Laserfiche Define Laserfiche metadata structure to support the specified integration Define Laserfiche security to support the integration 94 Addendum No. 1 to Master Services Agreement No. 20728 Page 20 of 28 Provide remote “Train the Trainer” training while performing integration of the Client’s software with Connector ASSUMPTIONS Not all applications are guaranteed to work with Laserfiche Connector. Even if a test was successful with the Laserfiche Connector Test Utility, configuring with the full software may not work as intended. #6: Laserfiche PowerPack Installation and Config Package MCCi provides installation and configuration services to assist MCCi’s Clients in quickly utilizing the benefits of the powerful features included in PowerPack. CLIENT DELIVERABLES Provide IIS web server to host the Data Analytics website Provide SQL Server to host Data Analytics database (will be created during the initial configuration) Provide server/workstation to install OCR Scheduler and Data Analytics service Provide Laserfiche Workflow server to install and configure custom Workflow Activities Provide a dedicated Laserfiche named user license for PowerPack to utilize MCCi DELIVERABLES Install PowerPack components on a single server (workflow custom activities will be installed on the workflow server) Configure one OCR Scheduler schedule Install PDF and Microsoft Office iFilters Provide one (1) remote overview training for up to one (1) hour EXCLUSIONS MCCi is not responsible for the following: Configuring OCR Scheduler to extract text from electronic files other than PDF and MS Office files (Tiff files will still be OCR’d) Running OCR on files in Laserfiche record series Creating workflows ASSUMPTIONS PowerPack is whitelisted with Client’s antivirus software. Client environment supports the latest Laserfiche SDK runtimes. Microsoft Visual C++ 2015 Update 3 is installed and configured on Client system. Microsoft .NET Framework 4.8 is installed and configured on Client system. Laserfiche Workflow 10.2 or later is installed and configured on Client system. Laserfiche Server 10.2 is installed and configured on Client system. #7: Laserfiche Repository Admin Training - Basic MCCi’s Repository Administrator Training is available as a single half-day session or a full day (two half-day sessions). The goal is for your organization to have a trained Repository Administrator. The single half-day session focuses on ongoing management of the repository with a focus on user management, troubleshooting user permissions, monitoring and auditing user activity, and managing metadata. The full day includes ongoing management as well as considerations for future growth, focusing on setting up new security permissions, repository planning, creation of new metadata types, and more. The complete list of training topics is listed below. User Management Metadata Management Audit Trail (if purchased) Core User Security Repository Architecture Overview Weblink Designer (if purchased)* 95 Addendum No. 1 to Master Services Agreement No. 20728 Page 21 of 28 Supplemental User SecurityWeb and Windows Clients Differences Technical Support Overview Monitoring User Activity General Repository Settings Recycle Bin Settings Available for full day training only CLIENT DELIVERABLES Have a license available for each attendee participating in the training Provide the requisite IT resources MCCi DELIVERABLES Provide Repository Administration training according to the level of package purchased Provide training for up to six (6) users per session #8: User Training MCCI’s New User Training is a great introduction to the Laserfiche repository, which is accessed through an application called the Laserfiche Client. Attendees will become familiar with how to import new content, to search and retrieve existing content, and to export. Your organization can choose whether training is conducted on the web- based or on the Windows desktop Client. BASIC Your organization can work closely with the product trainer to identify user functions, customizing the training agenda on what attendees need to know for how they will use the repository. The trainer can emphasize certain topics and can eliminate or briefly describe others. Import Options Metadata Reports Annotations Tools Laserfiche Scanning Dashboard (Laserfiche Cloud) Templates & Fields Search and Retrieval Export Options OCR and Generating Text ADVANCED MCCI’s Advanced User Training is a continued examination of features available in the Laserfiche Client. Your organization can work closely with the product trainer to emphasize certain topics and can eliminate or briefly describe others. Laserfiche Snapshot Version Control User Options Microsoft Office Integration Advanced Search Syntax Tags Custom Quick Search Repository Design Considerations CLIENT DELIVERABLES Have a license available for each attendee participating in the training Provide the requisite IT resources MCCi DELIVERABLES Provide Laserfiche User training according to the level of package purchased Provide training for up to six (6) users per session #9: Alpha Process Testing and UAT Alpha testing will be completed by MCCi as a part of the system upgrades in deliverables 1 through 8. Client Testing Team will execute User Acceptance Testing (“UAT”). Client is responsible for fully testing configurations prior to going live. #10: Solutions Acceptance and Project Closeout Client will go fully live with the system and configured processes. A formal wrap-up call will be held to transition Client to their MCCI Account Management and Support Team. 96 Addendum No. 1 to Master Services Agreement No. 20728 Page 22 of 28 #11: #6: 30-Day Post- Implementation Configuration Assistance MCCi Project Team will continue to be available for 30-days [or Not to Exceed X hours] after System Handoff. This time should be leveraged by Client for minor modifications, assistance with deployment, strategy meetings, etc. EXCLUDED GENERAL MCCi is not responsible for assigning an external URL for any web-based platform/software module. MCCi is not responsible for creating or maintaining a backup and recovery plans. MCCi is not responsible for creating training documentation. MCCi is not responsible for final testing including, but not limited to configuration changes made by Client’s team prior to system Handoff. Except where specifically noted, no custom coding is included; configuration work is restricted to the capabilities associated with the out-of-the-box solution. MCCi is not responsible for anything not expressly included in this SOW. 97 Addendum No. 1 to Master Services Agreement No. 20728 Page 23 of 28 SOW ASSUMPTIONS The following assumptions serve as the basis for this SOW. Any service or activity not described in this SOW is not included in the Scope of services to be provided. Variations to the following may impact the SOW’s cost and/or schedule justifying a Change Order (defined below). DELIVERABLE ACCEPTANCE CRITERIA MCCi‘s completion of a Deliverable to Client shall constitute that MCCi has conducted its own review and believes it meets Client’s requirements. Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have five (5) business days after MCCi’s submission to give written notice to MCCi specifying the deficiencies in reasonable detail. MCCi shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any such deficiencies, MCCi shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted. GENERAL Client agrees that the work schedule described herein represents MCCi’s current best estimate and is subject to possible change due to circumstances beyond MCCi’s direct control and/or new or additional information discovered during the course of the project. Further, Client understands and acknowledges that MCCi’s ability to meet such work schedule is dependent upon, among other things, the accuracy of the assumptions and representations made by Client, the timeliness of Client business decisions, and the performance of Client and Client’s vendor personnel in meeting their obligations for this project and in accordance with this SOW. If either party identifies a business issue during the project, MCCi and Client must jointly establish a plan to resolve the issues with a potential impact analysis of timeline and budget within five (5) business days of identification. Any necessary business decision resulting from the identified business issues must be made by Client within five (5) business days from request. Client shall provide MCCi accurate data throughout the requirements gathering process. Client is responsible to ensure that adequate hardware/infrastructure is in place and capable of handling the extra resources that may be required to support the Business Process Configuration, related software, etc. Any additional software licensing needs related to this service/process configuration have not been considered or included as part of this SOW. Client is responsible for ensuring that the required software licensing is available. If the Services require MCCi to access or use any third party software products provided or used, Client warrants that it shall have all rights and licenses of third parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims, actions, demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees) to the extent arising from MCCi’s access to or use of such third party products. Client will maintain primary contacts and project staff for the duration of the project, as a change in staff may result in a Change Order for time spent by MCCi on retraining, reeducating, or changes in direction. Through the course of this project, MCCi may choose to utilize the third-party service Asana (http://www.asana.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Asana. Client will ensure that all Client’s personnel who may be necessary or appropriate for the successful performance of the Services will, on reasonable notice: (i) be available to assist MCCi’ personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely 98 Addendum No. 1 to Master Services Agreement No. 20728 Page 24 of 28 manner; (ii) participate in the Services as reasonably necessary for performance under this SOW; and (iii) be available to assist MCCi with any other activities or tasks required to complete the Services in accordance with this SOW. The Post-Implementation Configuration Assistance is intended to incur no more than 10 hours over the 30-day period. This assistance is intended to aid in transitioning Client to MCCi Support. All Services pricing assumes the Client will grant MCCi unattended access to the required infrastructure for the project. Failure to provide this access will result in a Change Order increasing the cost to the Client and the timeline of the project. Projects enter “On-Hold” status when (i) Client requests a delay in starting a new project, or (ii) Client is unresponsive for more than 15 business days during an active project. On-Hold status will remain until a new project start date is mutually agreed upon, or until Closed. MCCi may elect to Close the project due to project remaining On-Hold for more than 35 business days. Projects that are Closed prior to completion, will be billed for any progress made to date and the MCCi project team will no longer be assigned to the project. Billing for progress made to date is based on the number of hours worked or the estimated percentage of the project that has been completed, whichever is greater. Subsequently, a new order is required to restart a Closed project, and to have new MCCi project resources assigned. Client will provide a single point of contact responsible for coordinating communications and scheduling amongst Client stakeholders. MCCi will conduct a project kickoff call with Client to set objectives and review systems/processes used. Google Chrome or Chrome Microsoft Edge is installed on all Laserfiche servers. TLS 1.2 is configured on all Laserfiche servers. Firewall ports will be opened for and unattended remote access on all necessary servers will be granted to MCCi. All services will be performed Monday – Friday, 8 am to 5 pm EST. MCCi will only provide recordings of trainings or meetings if requested in advance. Requested recordings will be available through the Training Center for Laserfiche. Client will acquire, install, and setup TLS certificates that meet application requirements. Purcahse of Managed Cloud services may cover some of these assumptions/deliverables. GENERAL TESTING DEFINITIONS Alpha Testing – Defined as internal acceptance testing performed by the project team prior to releasing the product or configuration to the Client Basic Deployment Testing – Defined as testing to ensure that the crucial functions of the system are operating properly, and that the deployment is stable Beta Testing – Defined as the testing performed to verify functionality and fulfillment of user requirements User Acceptance Testing – Defined as testing performed by the Client’s users to verify and accept the implemented functionality or deployment GENERAL EXCLUSIONS MCCi is not responsible for assigning an external URL for any web-based platform/software module. MCCi is not responsible for creating or maintaining backups, backup plans or recovery plans. MCCi is not responsible for creating training documentation. MCCi is not responsible for final testing including, but not limited to, configuration changes made by Client prior to system handoff. Except where specifically noted, no custom coding is included; configuration work is restricted to the capabilities associated with the out-of-the-box solution. 99 Addendum No. 1 to Master Services Agreement No. 20728 Page 25 of 28 LIMITED LIABILITY If the Master Agreement is silent on each Parties’ limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. INSTALLATION Client shall be responsible for setting up, testing, configuring, and otherwise managing users and user group security, privileges, feature rights, and access rights. Client shall provide support for any API-related configurations and integrations being developed by its team or third parties. Client shall identify users participating in the business processes and ensure that appropriate user licensing has been acquired/assigned to them based on their role. MCCi’s technical team will be provided unattended remote access to Client’s applicable servers during the duration of the project outlined in this SOW. [remainder of page left intentionally blank] 100 Addendum No. 1 to Master Services Agreement No. 20728 Page 26 of 28 ROLES & RESPONSIBILITIES PROJECT MANAGER Responsible for planning, organizing, managing, controlling, and facilitating communicating all phases of the project. Will work with project resources to ensure accurate scoping and timely delivery of project. SYSTEM ENGINEER Responsible for integrating project technical aspects and making information relatable to non-technical personnel. Will work through each phase of the given system and process, from plan along with expansion to validation and operation, on measurable risk assessment, regularly concentrating on performance, testing, scheduling, and budgets. SOLUTIONS ENGINEER Responsible for evaluating a client’s business needs and determining how MCCi can support them by leveraging our expertise and technology solutions. [remainder of page left intentionally blank] 101 Addendum No. 1 to Master Services Agreement No. 20728 Page 27 of 28 BILLING SCHEDULE FIXED FEE BILLING SCHEDULE MCCi will bill Client based on the schedule defined below and will bill for actual out of pocket expenses incurred on a monthly basis. MCCi will initiate monthly progress bills approximately 30 days after Kick Off. Any pending billing will be invoiced upon completion of the SOW. If Client cancels this SOW between completed milestones in accordance with the Master Agreement, MCCi may invoice Client for a pro-rated share of the uncompleted milestone(s) for services actually performed through the effective date of such termination. Upon Achievement of the Milestone(s) Below Invoice Amount Kick Off $3,441.38 Progress Bill 1 $8,603.44 Progress Bill 2 $8,603.44 Progress Bill 3 $8,603.44 Project Close - Final Acceptance $5,162.05 Total: $34,413.75 102 Addendum No. 1 to Master Services Agreement No. 20728 Page 28 of 28 PROCESS & ESCALATION CHANGE ORDER PROCESS A Change Order is defined as a modification to the original contract price to complete Deliverables outlined in the SOW or a revised SOW to describe work required to fulfil the SOW. As this project progresses, it may be necessary to amend this SOW. Client understands that any change to this initial SOW will affect the fee and may extend the project completion date. If changes are required, Client will send a written request to MCCi outlining the requested change(s). MCCi will assess the change(s) and provide Client with a formal Change Order request. This Change Order will include the details of the scope change, as well as any additional cost that may be necessary in order to implement the same. It may be necessary to halt work on this project while Client reviews the Change Order request. After reviewing and approving the Change Order request, Client must return a signed copy to MCCi before work may proceed on the project. ISSUE ESCALATION Client may use the following contact information for resolution and escalation of any unresolved issues and tasks. MCCi will acknowledge escalations in writing and include steps toward resolution. NAME RESPONSIBILITY/ROLE CONTACT NUMBER EMAIL Victor D’Aurio Chief Operating Officer 850-701-0725 ext. 1604 victor@mccinnovations.com 103 ADDENDUM NO. 1 TO MASTER SERVICES AGREEMENT NO. 20728 LASERFICHE PLATFORM UPGRADE TO SUBSCRIPTION BUSINESS SYSTEM ORDER Addendum No. 1 to Master Services Agreement No. 20728 Page 1 of 28 Pursuant to Master Services Agreement No. 20728 ("Agreement"): This Laserfiche Platform Upgrade to Subscription Business System Order, designated as Addendum No. 1 is entered into as of _________________, (“Addendum Effective Date”), by and between MCCi and Client and is hereby incorporated into the Agreement and made a part thereof. If there is any conflict between a provision of the Agreement and this Addendum, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this Addendum No. 1 to be executed by their respective duly authorized representatives as of the Addendum Effective Date. MCCi, LLC THE CITY OF THE COLONY (“Client”) Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ 104 This Master Services Agreement No. 20728 (this "Agreement") is effective on the date of the last signature, (“Effective Date”) and is made by and between MCCi, LLC, a Florida limited liability company with its principal office located at 3717 Apalachee Parkway, Suite 201, Tallahassee, FL 32311 (“MCCi") and Client (defined herein). MCCi and Client may each be referred to individually herein as a “Party” or collectively as the “Parties”. The terms “Client” in this Agreement shall also include Client’s “Affiliates,” defined as a legal entity that directly or indirectly controls, is controlled by, or is under common control with the applicable Party. It is agreed that Client’s Affiliates who are a party to the applic able Order (defined below) shall enjoy the same rights, benefits and obligations set forth in this Agreement as are applicable to Client. As used in this Agreement, “MCCi” means the MCCi Affiliate providing the Services (defined below) to the Client in the applicable Order. The Parties hereto intending to be legally bound hereby, agree as follows: 1. Scope of Service MCCi and Client may develop and enter into one or more sales orders, attached hereto or incorporated by reference, incorporating a description of the specific goods and/or services requested by Client and agreed to be performed or otherwise provided by MCCi (each, and as modified in writing by the Parties, each an “Order”). MCCi will provide to Client those goods and/or services described as its obligation in the Order (collectively, the “Services”). If applicable, each Order will also describe items specifically required to be delivered by MCCi to Client (each a “Deliverable”), and the acceptance criteria, if any, for each of the Deliverables. Further, each Order will set forth, among other things, tasks to be performed by the Parties and roles and responsibilities of each Party. Each Order shall specifically identify this Agreement and indicate that it is subject to the terms hereof. Unless provided to the contrary in the applicable Order, to the extent there are any conflicts or inconsistencies between this Agreement and any Order or Client purchase order, except in regard to Sections 2 or 3 herein, the provisions of this Agreement shall govern and control. Use of pre-printed forms, including, but not limited to email, purchase orders, shrink-wrap or click-wrap agreements, except those that may appear in the appliable Order, acknowledgements or invoices, is for convenience only and all pre-printed terms and conditions stated thereon, except as specifically set forth in this Agreement, are void and of no effect. No amendment or modification to this Agreement will be valid unless set forth in writing and formally approved by authorized representatives of both parties. To the extent that there are any conflicts or inconsistencies between this Agreement and any Client- entered third-party government purchasing agreement (“Purchasing Vehicle”), the provisions of the Purchasing Vehicle shall govern and control. No change order, notice, direction, authorization, notification or request (each a “Change Order”) will be binding upon Client or MCCi, nor will such Change Order be the basis for any claim for additional compensation by MCCi, until Client and MCCi have both signed such Change Order, or a new Order, as appropriate. Each MCCi Affiliate will only be liable for those obligations expressly set forth in the applicable Order to which it is a party. In no event will a MCCi Affiliate be liable for any of the obligations or liabilities of any other MCCi Affiliate pursuant to this Agreement. 2. Fees Client shall pay to MCCi the fees and other compensation set forth in each Order. By executing the applicable Order, Client acknowledges their pre-approval for any Order Expenses, defined below, quoted, and will reimburse MCCi for all reasonable out-of- pocket travel, living and other ancillary expenses paid or incurred by MCCi in connection with the Services (“Order Expenses”). If relevant, and provided to MCCi, MCCi will make commercially reason able efforts to conform to Client’s expense policy. If a dispute occurs regarding MCCi’s invoicing of Order Expenses not in conformity with Client’s expense policy and greater than five (5) percent of a specific invoice, such dispute will be subject to investigation and correction; otherwise, Client agrees to reimburse MCCi for the full amount of expenses invoiced. The Client acknowledges that it may incur expenses due to circumstances such as non-refundable items (e.g., airline tickets, training/install charges, hotel reservations, rental cars, and the like), in the event that (i) Client cancels or reschedules performance, after MCCi has made the applicable arrangements; or (ii) If Client is not prepared upon MCCi’s arrival, which results in cancellation, delays, and/or the need to reperform any Deliverables. Client acknowledges that the price of the license and/or subscription for the use of a third-party licensed product is subject to increases during the term of the license and/or subscription or at the time of renewal. If MCCi is reselling a license and/or subscription of a third - party product to Client, then MCCi will provide Client at least 15 days prior to written notice (an email will be sufficient) of an increase in the price of the license and/or subscription. If Client does not agree to pay such increase in the license and/or subscription, Client must provide written notice to MCCi within 15 days of the date of the notice of such increase. Upon receipt of such notice, MCCi will cancel Client’s license and/or subscription to the third -party licensed product. 3. Invoicing and Payment Unless otherwise stated in an Order, MCCi will invoice Client for all fees, charges and reimbursable expenses on a monthly basis and upon completion of each Order. Client agrees to pay all undisputed invoices and undisputed portions of a disputed invoice in full within thirty (30) days from the date of each invoice. Failure to pay invoices by the due date, unless MCCi has been informed by said due date that an invoice is being contested and the reason therefor, may result in the imposition of interest charges to the extent allowable by law as well as any associated legal and collection fees incurred. To the extent that Client is not exempt and/or has not communicated its tax status to MCCi, Client further agrees to pay amounts equal to any federal, state or local sales, use, excise, privilege or other taxes or assessments, however designated or levied, relating to any amounts payable by Client to MCCi under this Agreement or any other Agreement between the Parties, exclusive of taxes based on MCCi’s net income or net worth. Client understands and accepts that any pricing set forth in an Order does not include such taxes. 105 Last updated: August 2021 MCCi MSA Page 2 of 8 All recurring software maintenance support, subscriptions and/or other service packages (“Recurring Services”) will automatically renew unless Client has (a) terminated the Agreement and/or applicable Order, per Section 4; (b) provided sixty (60) days written notice prior to the scheduled renewal date of the Recurring Services; or (c) not paid in full the renewal invoice by the renewal service period start date, but may be reinstated if/when the Customer pays the renewal invoice in full (including any applicable reinstatement fees) Once payment has been received, no refunds for Recurring Services are available. 4. Term, Termination, and Cancellation This Agreement will commence on the Effective Date and will be effective for the longer of (i) a one (1) year period or (ii) the term of the original Order and will renew automatically for one (1) year periods and continue in full force and effect, unless terminated by either Party as set forth below. Termination of this Agreement or any Order hereunder may occur upon any of the following: (a) Thirty (30) days after a Party’s receipt of written notice from the other Party that this Agreement or the Services, in whole or in part under an Order, shall be terminated; or (b) Thirty (30) days after a Party notifies the other in writing that they are in breach or default of this Agreement, unless the breaching Party cures such breach or default within such thirty (30) day period; or (c) Fifteen (15) days after the filing of a petition in bankruptcy by or against either Party, any insolvency of a Party, any appointment of a receiver for such Party, or any assignment for the benefit of such Party’s creditors (a “Bankruptcy Event”), unless such Party cures such Bankruptcy Event within the fifteen (15) day period; or (d) If Client is a city, county, or other government entity the following applies: If Client’s governing body fails to appropriate sufficient funds to make payments due and to become due during Client’s next fiscal period, Client may, subject to the terms herein, terminate the applicable Order as of the last day of the fiscal period for which appropriations were received (each an “Event of Non-appropriation”). Client agrees to deliver notice of an Event of Non-appropriation to MCCi at least 30 days prior to the end of Client’s then-current fiscal period, or if an Event of Non-appropriation has not occurred by that date, promptly upon the occurrence of any such Event of Non-appropriation. If this Agreement is terminated following an Event of Non-appropriation, Client agrees (but only to the extent permitted by applicable law) that, for a period of one (1) year from the effective date of such termination, Client shall not purchase or otherwise acquire any technology performing functions similar to those performed by the Recurring Services from a third party. In all events, Client shall be liable for full payment for Services and/or Deliverables and reimbursement of MCCi's expenses incurred through the effective date of termination. If Client cancels or suspends an Order, pursuant to this Agreement and only if allowed hereunder, between completed milestones, MCCi will invoice Client for a pro-rated share of the completed portion of each milestone(s) for Deliverables performed through the date of such termination or delay. If Services are resumed or Deliverables continued, MCCi will recommence invoicing per the applicable Order. 5. Working Arrangements All Services shall be performed remotely, unless otherwise agreed to by the Parties. If Services are to be performed on Client’s premises, Client shall provide the following to MCCi Personnel: (i) a suitable and adequate work environment, including space for work and equipment for performance of the Services; (ii) access to and use of Client’s facilities and relevant information, including all necessary software, hardware and documentation; (iii) timely assistance in the acquisition, or correction of any hardware or software problems that would affect the performance of Services and/or delivery of a Deliverable; and (iv) any other items set forth in the applicable Order. Client will ensure that all Client’s personnel, vendors, and/or subcontractors who may be necessary or appropriate for the successful performance of the Services and/or delivery of a Deliverable will, on reasonable notice: (i) be available to assist MCCi Personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) participate in the Services as reasonably necessary for performance under an Order; and (iii) be available to assist MCCi with any other activities or tasks required to complete the Services in accordance with the Order. 6. MCCi Personnel Neither MCCi nor its Personnel (defined below) are or shall be deemed to be employees of Client but instead are independent contractors to Client. MCCi shall be responsible for the compensation of its Personnel, in addition to any applicable employment taxes, workmen's compensation and any other taxes, insurance or provisions associated with the engagement of such Personnel. In addition, MCCi shall be responsible for all acts or omissions of its Personnel. MCCi will not discriminate in the referral or hiring of MCCi Personnel on the bases of race, religion, sexual orientation, color, sex, age, national origin, disability that does not affect the ability for an individual to perform his or her job, or other protected categories as required by applicable state, federal, and local laws. MCCi may utilize independent subcontractors in satisfying its obligations under this Agreement (collectively with MCCi employees “Personnel”). MCCi remain responsible for all acts and omissions of all Personnel. Upon receipt of notice from Client that any MCCi Personnel is not suitable, MCCi shall remove such person from the performance of Services and will provide a qualified replacement as quickly as reasonably possible. 106 Last updated: August 2021 MCCi MSA Page 3 of 8 Unless a particular MCCi Personnel member has been identified as a key resource to the relevant Order, MCCi at its sole discretion may reassign, if and as necessary, other appropriately qualified MCCi Personnel to the relevant Order as long as such assignment will not affect MCCi’s fee for the Services defined or ability to satisfy its Deliverables. Neither Party is a legal representative of the other nor does a Party have the authority, either express or implied, to bind or obligate the other in any way. 7. Non-Solicitation To the extent permitted by law, during the term of this Agreement and for a period of twelve (12) months thereafter, neither Party shall knowingly (i) induce or attempt to induce any then -current employee or independent contractor of the other Party to terminate his or her employment or other relationship with the non-soliciting Party or (ii) solicit or hire any former employee or independent contractor that had been employed or engaged by the non-soliciting Party during the previous twelve (12) months. Notwithstanding the foregoing, either Party may solicit for employment, offer employment to, employ, or engage as a consultant or advisor, any of the other Party’s personnel who: (i) had no previous direct contact with the soliciting Party’s personnel in connection with, and during the performance of, the Services hereunder, or (ii) have responded to a general, publicly- available advertisement for employment by the hiring Party (including its Affiliates), or (iii) make unsolicited approaches or inquiries to such Party (including its Affiliates) regarding employment opportunities. The current engaging Party, in its sole discretion, may waive this provision in writing for an individual. In consideration for such waiver, the soliciting Party agrees to pay a placement fee equal to fifty (50) percent of such person’s new total annual compensation. This placement fee shall be due immediately upon such person’s commencement of services. 8. Confidential Information The Parties acknowledge that in the course of MCCi providing Services for Client hereunder, each may receive Confidential Information (as defined below) of the other Party. Any and all Confidential Information in any form or media obtained by a Recipient (defined below) shall be held in confidence and shall not be copied, reproduced, or disclosed to third parties for any purpose whatsoever except as necessary in connection with the performance hereunder. Each Recipient further acknowledges that it shall not use such Confidential Information for any purposes other than in connection with the activities contemplated by this Agreement. All consultants assigned by MCCi to Client will sign appropriate forms of confidentiality agreements on or prior to their start date. “Confidential Information” means any and all confidential information of a Party disclosed to the other Party, including, but not limited to, research, development, proprietary software, technical information, techniques, know-how, trade secrets, processes, customers, employees, consultants, pricing information and financial and business information, plans and systems. Confidential Information shall not include information which: (i) was known to the Party receiving the information (the “Recipient”) prior to the time of disclosure by the other Party (the “Disclosing Party”); (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of this Agreement or other wrongful act by the Recipient; (iii) was lawfully received by Recipient from a third party without any obligation of confidentiality; or (iv) is required to be disclosed by law, including the Texas Public Information Act, or order of a court of competent jurisdiction or regulatory authority. The obligations set forth in this Section shall survive termination of this Agreement for a period of three (3) years thereafter. 9. Intellectual Property Unless otherwise specified in any Order, or subject to a third party license agreement, title to all materials, products software, Services, and/or Deliverables, including, but not limited to, reports, designs, programs, specifications, documentation, manuals, visual aids, and any other materials developed and/or prepared for Client by MCCi under any Order (whether or not such Order is completed) (“Works”), and all interest therein shall vest in Client and shall be deemed to be a work made for hire and made in the course of the Services rendered hereunder. MCCi shall retain a non-exclusive, royalty-free, world-wide, perpetual license to use, sell, modify, distribute, and create derivative works based upon any of the foregoing Works in its information technology professional services business, provided that in so doing MCCi shall not use or disclose any Client Confidential Information or Deliverables unique to Client. To the extent that title to any such Works may not, by operation of law, vest in Client or such Works may not be considered works made for hire, all rights, title and interest therein are hereby irrevocably assigned to Client. All such Works shall belong exclusively to Client, except as set forth herein, with Client having the right to obtain and to hold in its own name, copyrights, registrations, or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. MCCi agrees to give Client and any person designated by Client, reasonable assistance, at Client’s expense, required to perfect the rights defined in this Section 9. Unless otherwise requested by Client, upon the completion of the Services to be performed under each Order or upon the earlier termination of such Order, MCCi shall promptly turn over to Client all Works and Deliverables developed pursuant to such Order, including, but not limited to, working papers, narrative descriptions, reports and data. Notwithstanding the foregoing, the following shall not constitute the property of Client: (i) MCCi software, including but not limited to any proprietary code (source and object), or that which is subject to third - party license agreements with MCCi; (ii) those portions of the Deliverables which include information in the public domain or which are generic ideas, concepts, know-how and techniques within the computer design, support and consulting business generally; and (iii) those portions of the Deliverables which contain the computer consulting knowledge, techniques, tools, routines and sub-routines, utilities, know-how, methodologies and information which MCCi had prior to or acquired during the performance of its Services for Client and which do not contain any Confidential Information of Client conveyed to MCCi. Should MCCi, in performing any Services hereunder, use any computer program, code or other materials developed by it independently of the Services provided 107 Last updated: August 2021 MCCi MSA Page 4 of 8 hereunder (“Pre-existing Work”), MCCi shall retain any and all rights in such Pre-existing Work. MCCi hereby grants Client a paid up, world-wide, non-exclusive license to use and reproduce the Pre- existing Work for its internal business needs. Client understands and agrees that MCCi may perform similar services for third Parties using the same Personnel that MCCi may use for rendering Services for Client hereunder, subject to MCCi’s obligations respecting Client’s Confidential Information pursuant to Section 8. 10. Data Privacy In the event that MCCi, in the course of providing Services to Client, receives, stores, maintains, processes or otherwise has access to “Personal Information” (as defined by the State Data Protection Laws (defined below) and/or European Union Directives, and including, but not limited to, an individual’s name and social security number, driver’s license number or financial number) then MCCi shall safeguard this information in accordance with these laws. MCCi may disclose Personal Information for business purposes only on a need-to-know basis and only to (i) MCCi Personnel, (ii) any third-party service providers that has agreed to safeguard Personal Information in a like manner as MCCi safeguards such information, and (iii) with other entities authorized to have access to such information under applicable law or regulation. MCCi may disclose Personal Information when necessary to protect its rights and property, to enforce its terms of use and legal agreements, as required or permitted by law, or at the request of law enforcement authorities and the courts, and pursuant to a subpoena. MCCi shall have no duty to notify Client of such compliance with law. MCCi takes reasonable and appropriate measures to maintain the confidentiality and security of Personal Information and to prevent its unauthorized use or disclosure. To the extent that MCCi experiences a Security Breach as defined under the applicable State Data Protection Laws for information generated in connection with this Agreement or any Order hereto, MCCi shall notify Client in writing within five (5) business days of confirming the same. 11. Warranty (a) Services Warranty. MCCi warrants that all Services shall be performed by personnel with relevant skill sets and familiarity with the subject matter for the Order, in a professional, competent, and workman-like manner. MCCi’s delivery of a Deliverable to Client shall constitute a representation by MCCi that it has conducted a review of the Deliverable and believes it meets the written specifications, if any, set forth in the corresponding Order. Client shall then have the right to conduct any review of the Deliverable as Client shall deem necessary or desirable. If Client, in its reasonable discretion, determines that any submitted Services, or Deliverable does not meet the specifications, set forth in the applicable Order, Client shall have five (5) business days after MCCi’s submission to give written notice to MCCi specifying the deficiencies in reasonable detail. MCCi shall use reasonable efforts to promptly cure any such deficiencies. After completing any such cure, MCCi shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted. MCCI DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR-FREE, PROVIDED THAT MCCI SHALL REMAIN OBLIGATED PURSUANT TO THIS SECTION 11. IF THE SERVICES FAIL TO CONFORM TO THE FOREGOING WARRANTY IN ANY MATERIAL RESPECT OR TO THE SPECIFICATION SET FORTH IN AN ORDER, CLIENT’S INITIAL REMEDY WILL BE FOR MCCI, AT ITS EXPENSE, TO PROMPTLY USE COMMERCIALLY REASONABLE EFFORTS TO CURE OR CORRECT SUCH FAILURE. UPON FAILURE OF THE FOREGOING, CLIENT’S REMEDIES, AND MCCI’S ENTIRE LIABILITY, AS A RESULT OF SUCH FAILURE, SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 12 BELOW. THE FOREGOING WARRANTY IS EXPRESSLY CONDITIONED UPON (I) CLIENT PROVIDING MCCI WITH PROMPT WRITTEN NOTICE OF ANY CLAIM THEREUNDER PRIOR TO THE EXPIRATION THEREOF, WHICH NOTICE MUST IDENTIFY WITH PARTICULARITY THE NON-CONFORMITY; (II) CLIENT’S FULL COOPERATION WITH MCCI IN ALL REASONABLE RESPECTS RELATING THERETO, INCLUDING, IN THE CASE OF MODIFIED SOFTWARE, ASSISTING MCCI TO LOCATE AND REPRODUCE THE NON-CONFORMITY; AND (III) WITH RESPECT TO ANY DELIVERABLE, THE ABSENCE OF ANY ALTERATION OR OTHER MODIFICATION OF SUCH DELIVERABLE BY ANY PERSON OR ENTITY OTHER THAN MCCI. MCCI ALSO DOES NOT WARRANT ANY THIRD- PARTY PRODUCTS PROCURED ON BEHALF OF CLIENT. IF THERE ARE ANY PRODUCT WARRANTIES PROVIDED BY THE MANUFACTURER OF THE PRODUCT, ANY REMEDY SHOULD BE REQUESTED DIRECTLY FROM MANUFACTURER AND MCCi HAS NO LIABILITY ASSOCIATED THEREWITH. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 11, MCCI DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY, WHETHER SUCH REPRESENTATION OR WARRANTY BE EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION OR WARRANTY FROM COURSE OF DEALING OR USAGE OF TRADE. In the event that Client asserts any claim for warranty services hereunder and such claim relates to any matter that is mutually determined by the Parties not to be MCCi’s responsibility hereunder (including any problem with Client’s computer hardware or software that was not caused by any Services performed by MCCi), Client shall pay MCCi for all costs incurred for all evaluation, correction or other services performed by MCCi relating to such claim on a time and materials basis at MCCi’s then standard rates. (b) General Warranty. MCCi shall perform the Services in compliance with all applicable federal and state laws and regulations and industry codes, including but not limited to (i) federal and state anti-kickback laws and regulations, (ii) federal and state securities laws, meaning that MCCi agrees that Client may be a publicly traded company and MCCi shall instruct MCCi Personnel that federal and state securities laws prohibit the purchase, sale, or pledge of Client stock while in 108 Last updated: August 2021 MCCi MSA Page 5 of 8 possession of any material, non-public information, (iii) the Foreign Corrupt Practices Act of 1977, (iv) federal and state privacy and data protection laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act (collectively, “State Data Protection Laws”), and (v) MCCi also represents that it uses E- Verify to verify the work authorization of all newly hired employees. 12. Indemnification and Limitation of Liability To the extent allowed by law, Each Party (“Indemnifying Party”) shall indemnify, defend, and hold the other harmless against any loss, damage, or costs (including reasonable attorneys' fees) in connection with third party claims, demands, suits, or proceedings ("Claims") to the extent caused by the Indemnifying Party. (a) MCCi Indemnification. MCCi shall defend, indemnify, and hold Client harmless against Claims made or brought against Client for Bodily injury or personal property damage arising out of the Indemnifying Party’s performance within the scope of its responsibilities under this Agreement or by a third party alleging that the use of any Deliverable as provided to Client under this Agreement or any Order hereto and used in accordance with this Agreement and relevant documentation, infringes any third party’s intellectual property rights. Notwithstanding the foregoing, MCCi shall not be required to indemnify Client to the extent the alleged infringement: (x) is based on information or requirements furnished by Client, (y) is the result of a modification made by an entity other than MCCi, or (z) arises from use of a Deliverable in combination with any other product or service not provided or approved in writing by MCCi. If Client is enjoined from using the Deliverable or MCCi reasonably believes that Client will be enjoined, MCCi shall have the right, at its sole option, to obtain for Client the right to continue use of the Deliverable or to replace or modify the same so that it is no longer infringing. If neither of the foregoing options is reasonably available to MCCi, then this Agreement may be terminated at either Party’s option, and MCCi’s sole liability shall be subject to the limitation of liability provided in this Section. (b) Client Indemnification. If the Services require MCCi to access or use any third party products provided or used by Client, Client warrants that it shall have all rights and licenses of third Parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to the extent allowed by law indemnify, hold harmless and defend MCCi from and against any Claims to the extent arising from MCCi’s access to or use of such third party products. Should MCCi provide third party licensed software hereunder, Client will indemnify, defend, and hold MCCi harmless for the breach by Client or any entity for whom Client provides access the same, for any breach of such third-party terms of use, including, without limitation, a licensor’s end user license agreement, acceptable use policy and the like. IF CLIENT IS A CITY, COUNTY, OR OTHER GOVERNMENT ENTITY AND SUCH ENTITIES GOVERNING BODY PROHIBITS INDEMNIFICATION THEN CLIENT’S INDEMNIFICATION OBLIGATIONS SHALL BE REDUCED TO REFLECT THE LIMITATIONS THAT ARE LEGALLY BINDING ON CLIENT. (c) Indemnification Procedure. Each indemnified Party shall give the indemnifying Party (a) prompt written notice of the Claim; (b) sole control of the defense and settlement of the Claim (provided that the indemnifying Party may not settle any Claim unless it unconditionally releases the indemnified Party of all liability and does not otherwise negatively impact the indemnified Party’s rights, including, without limitation, those in its intellectual property); and (c) at indemnifying Party's cost, all reasonable assistance. (d) Limitation of Liability. (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, PROFITS, SAVINGS OR BUSINESS) OR LOSS OF RECORDS OR DATA, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO SUCH PARTY IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY, AND WHETHER IN AN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE. EXCEPT FOR A PARTY’S PAYMENT AND INDEMNIFICATION OBLIGATIONS, EACH PARTY'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES OR OTHER LIABILITY ARISING OUT OF, OR CONNECTED WITH, THIS AGREEMENT, THE SERVICES, DELIVERABLES AND/OR SOFTWARE PROVIDED HEREUNDER OR CLIENT’S USE OF ANY SUCH SERVICES, DELIVERABLES AND/OR SOFTWARE, AND WHETHER BASED UPON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL IN NO CASE EXCEED THE AGGREGATE AMOUNTS PAID TO MCCI BY CLIENT UNDER THE APPLICABLE ORDER, GIVING RISE TO SUCH CLAIM DURING THE LAST SIX (6) MONTHS. (ii) NOTWITHSTANDING SECTION 12(d) MCCI’S LIABILITY FOR CLAIMS INVOLVING ITS INDEMNIFICATION OBLIGATIONS SHALL BE LIMITED TO $500,000. EACH PARTY'S ENTIRE LIABILITY AND CLIENT'S REMEDIES UNDER THIS AGREEMENT SHALL BE SUBJECT TO THE LIMITATIONS CONTAINED IN THIS SECTION 12. THE LIMITATIONS ON WARRANTY AND LIABILITY SPECIFIED IN SECTIONS 11 AND 12 HEREOF WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. The Parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential basis of this Agreement and that the prices agreed to be paid by Client for Services reflect these limitations. 13. Insurance During the term of this Agreement, MCCi shall carry, at its sole expense, insurance coverage to include at a minimum the following: • Workers Compensation: State statutory limits and $1,000,000 employers’ liability 109 Last updated: August 2021 MCCi MSA Page 6 of 8 • Comprehensive General Liability: $2,000,000 per occurrence and $4,000,000 in the aggregate • Professional Liability and Errors & Omissions: $1,000,000 per occurrence and $3,000,000 in the aggregate • Cyber and Technical Errors and Omissions: $3,000,000 in the aggregate MCCi, at Client’s request, will name Client as an additional insured under the Comprehensive General Liability policy. MCCi represents that Client is automatically included as an additional insured under the Errors and Omissions and Cyber and Technical Errors and Omissions policies for vicarious liability but no modified certificate of insurance will be provided. 14. Notices All notices, demands and other communications required or permitted hereunder or in connection herewith shall be in writing and shall be deemed to have been duly given if delivered (including by receipt verified electronic transmission) or five (5) business days after mailed in the Continental United States by first class mail, postage prepaid, to a Party at the following address, or to such other address as such Party may hereafter specify by notice: If to MCCi If to Client: MCCi, LLC The City of The Colony 3717 Apalachee Parkway Suite 201 6800 Main Street Tallahassee, FL 32311 The Colony, TX, 75056 Attn: Legal Department Email: legal@mccinnovations.com Attn: Troy Powell Email: tpowell@thecolonytx.gov 15. Miscellaneous (a) 3rd Party EULA Provisions. Client acknowledges that they are responsible for adhering to any third-party End User License Agreements, acceptable use policies and/or terms and conditions or similar requirements (“EULA”), whether supplied by MCCi as a convenience or not, for any products procured on behalf of Client by MCCi. (b) Use of Open-Source Code. Except as disclosed in the Order, MCCi does not distribute nor otherwise use any open source or similar software in a manner that would obligate MCCi to disclose, license, make available or distribute any of its material proprietary source code as a condition of such use. For purposes of this Agreement, “Open Source” shall mean any software or other Intellectual Property that is distributed or made available as “open source software” or “free software” or is otherwise publicly distributed or made generally available in source code or equivalent form under terms that permit modification and redistribution of such software or Intellectual Property. Open - Source Materials includes, but may not be limited to, software that is licensed under the GNU General Public License, GNU Lesser General Public License, Mozilla License, Common Public License, Apache License or BSD License, as well as all other similar “public” licenses. (c) Client Software Customizations. Client may choose to customize their software internally without MCCi’s help. MCCi is not responsible for any damages caused by Client’s customization of the software. MCCi will not be held responsible for correcting any problems that may occur from these customizations. (d) MCCi Software Configuration Services. Client may elect to contract with MCCi to configure Client’s software. In these situations, Client acknowledges they are responsible for testing all software configurations and as such, waives any and all liability to MCCi for any damages that could be related to these software configurations. (e) Compliance with Laws. To the extent applicable to the Parties each Party shall comply with and give all notices required by all applicable federal, state, and local laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on use of the Services, Deliverables and/or software and the performance of this Agreement. (f) Equal Opportunity. To the extent applicable to the Parties each shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a), and the posting requirements of 29 CFR Part 471, appendix A to subpart A, if applicable. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. (g) Excluded Parties List. To the extent required by law and applicable to Client, MCCi agrees to promptly report to Client if an employee or contractor is listed by a federal agency as debarred, excluded or otherwise ineligible for participation in federally funded health care programs. (h) Force Majeure. If either of the Parties hereto are delayed or prevented from fulfilling any of its obligations under this Agreement by force majeure, said Parties shall not be liable under this Agreement for said delay or failure. “Force Majeure” means any cause beyond the reasonable control of a Party including, but not limited to, an act of God, an act or omission of civil or military authorities of a state or nation, epidemic, pandemic, fire, strike, flood, riot, war, delay of transportation, or inability due to the aforementioned causes to obtain necessary labor, materials or facilities. (i) Audit Rights. With reasonable notice and at a convenient location, Client will have the right to audit MCCi’s records to verify the accuracy of invoicing to Client. In addition, should any of Client’s regulators legally require access to audit the Services, MCCi will, to the extent legally required by such regulators, provide access for the same. All results of such audits shall be MCCi Confidential Information. Client shall bear all costs associated with audits. (j) Assignment. 110 Last updated: August 2021 MCCi MSA Page 7 of 8 Neither Party may assign or otherwise transfer any of its rights, duties or obligations under this Agreement without the prior written consent of the other Party. Either Party, however, without any requirement for prior consent by the other, may assign this Agreement and its rights hereunder to any entity who succeeds (by purchase, merger, operation of law or otherwise) to all or substantially all of the capital stock, assets or business of such Party, if the succeeding entity agrees in writing to assume and be bound by all of the obligations of such Party under this Agreement. This Agreement shall be binding upon and accrue to the benefit of the Parties hereto and their respective successors and permitted assignees. (k) Modification. This Agreement may be modified only by a written amendment executed by duly authorized officers or representatives of both Parties. (l) Provisions Severable. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be severed from this Agreement and the remaining provisions will continue in full force. (m) Dispute Resolution. Should a dispute arise between MCCi and Client involving their respective responsibilities, limitations or the working relations between the Parties under this Agreement or any Order, then the Parties will make reasonable efforts to amicably resolve the dispute. Prior to entering into mediation as set forth below, the Parties agree that any dispute will initially be referred to their senior management for resolution within ten (10) business days of receipt of notice specifying and asking for the intervention of the Parties’ superiors. If the dispute is still unresolved after such ten (10) business day period, the Parties agree, at the written request of either Party, to submit the dispute to a single mediator for resolution by non-binding mediation under the rules of the American Arbitration Association, and that any award of the arbitrator shall be enforceable under any court having jurisdiction thereof. In any such action, the Parties will bear their own costs and will share equally in the costs and fees assessed by the American Arbitration Association for its services. (n) Interpretation. The descriptive headings of this Agreement and of any Order under this Agreement are for convenience only and shall not affect the construction or interpretation of this Agreement. As used herein, “include” and its derivatives (including, “e.g.”) shall be deemed to mean “including but not limited to.” Each Party acknowledges that this Agreement has been the subject of active and complete negotiations, and that this Agreement should not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisers participated in the preparation of this Agreement. (o) Publicity. MCCi may use the name of Client, the existence of this Agreement and the nature of the associated services provided herein for marketing purposes, except that such use shall not include any Client Confidential Information as defined in Section 8 of this Agreement. (p) Entire Agreement. This Agreement and all Order(s) attached hereto constitute the complete and exclusive statement of the agreement between the Parties and supersedes all proposals, oral or written, and all other prior or contemporaneous communications between the Parties relating to the subject matter herein. (q) Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original, and all of which taken together will constitute one single agreement between the Parties with the same effect as if all the signatures were upon the same instrument. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature (including portable document format) by either of the Parties and the receiving Party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. (r) Governing Law. This Agreement, any claim dispute or controversy hereunder (a “Dispute”) will be governed by (i) the laws of the State of Texas, or (ii) if Client is a city, county, municipality or other governmental entity, the law of state where Client is located, in all cases without regard to its conflicts of law. The UN Convention for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply. In any Dispute, each Party will bear its own attorneys’ fees and costs and expressly waives any statutory right to attorneys’ fees. (s) Bench Trial. The Parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute. (t) No Class Actions. NEITHER PARTY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST EACH OTHER, SUCH PARTY’S PROVIDERS, AND/OR CLIENTS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. (u) Limitation Period. Neither Party shall be liable for any claim brought more than two (2) years after the cause of action for such claim first arose. 111 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of the Effective Date. MCCi, LLC THE CITY OF THE COLONY (“Client”) Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ 6800 MAIN STREET THE COLONY, TX, 75056 112 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AND SOFTWARE AGREEMENT WITH MCCi, LLC FOR LASERFICHE DOCUMENTS MANAGEMENT SOFTWARE WITH RECURRING ANNUAL MAINTENANCE FEES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas, has determined that it is in the best interest of the City to enter into a professional services and software agreement with MCCi, LLC for Laserfiche document management software; and WHEREAS, with this agreement, the City of The Colony is agreeing to pay $57,933.56 with recurring annual maintenance fees of $20,662.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2.This Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1ST DAY OF NOVEMBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 113 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Tina Stewart Submitting Department: Police Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to award a bid to Holiday Chevrolet (Defender Supply), Whitesboro, TX in the amount of $331,000.00 for replacement police vehicles. (Coulon/Goodson) Suggested Action: (CIP Budget 895-675-6630-2304). Attachments: Res. 2022-xxx Replacement Police Vehicle Purchase - Holiday Chevrolet.docx 114 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022- _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO AWARD A BID TO HOLIDAY CHEVROLET (DEFENDER SUPPLY), WHITESBORO, TX FOR REPLACEMENT POLICE VEHICLES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas, has determined that it is in the best interest of the City to award a bid to Holiday Chevrolet (Defender Supply), Whitesboro, TX for replacement police vehicles in the amount of $331,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves awarding a bid to Holiday Chevrolet (Defender Supply), Whitesboro, TX for replacement police vehicles. Section 2.That the City Manager is authorized to accept the bid in the amount of $331,000.00. Section 3.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1ST DAY OF NOVEMBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 115 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Tina Stewart Submitting Department: Police Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to award a bid to Holiday Chevrolet (Defender Supply), Whitesboro, TX in the amount of $508,000.00 for new addition police vehicles. (Coulon/Goodson) Suggested Action: (Budget 100-675-6630) Attachments: Res. 2022-xxx New Police Vehicle Purchase - Holiday Chevrolet.docx 116 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022- _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO AWARD A BID TO HOLIDAY CHEVROLET (DEFENDER SUPPLY), WHITESBORO, TX FOR NEW ADDITION POLICE VEHICLES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas, has determined that it is in the best interest of the City to award a bid to Holiday Chevrolet (Defender Supply), Whitesboro, TX for new addition police vehicles in the amount of $508,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves awarding a bid to Holiday Chevrolet (Defender Supply), Whitesboro, TX for new addition police vehicles. Section 2.That the City Manager is authorized to accept the bid in the amount of $508,000.00. Section 3.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1ST DAY OF NOVEMBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 117 Agenda Item No:4.7 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Kimberly Thompson Submitting Department: Police Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to accept a Bullet-Resistant Shield Grant through the Texas Office of the Governor to purchase additional bullet resistant shields for each police patrol vehicle in the amount of $32,000.00. (Coulon/Goodson) Suggested Action: Attachments: Res. 2022-xxx Bullet-Resistant Shield Grant Program.docx 118 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A BULLET-RESISTANT SHIELD GRANT THROUGH THE TEXAS OFFICE OF THE GOVERNOR TO PURCHASE ADDITIONAL BULLET RESISTANT SHIELDS FOR EACH POLICE PATROL VEHICLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council finds and determines it is in the best interest of the citizens of the City of The Colony, Texas, that the Bullet-Resistant Shield Grant Program be operated for the FY 2022-2023; and WHEREAS,the City Council agrees that in the event of loss or misuse of the Office of the Governor funds, the City Council assures that the funds will be returned to the Office of the Governor in full. WHEREAS,the City Council designates the City Manager and/or a designee as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT; Section 1.The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Section 2.The City Council of the City of The Colony, Texas, approves the submission of the grant application for the Bullet-Resistant Shield Grant Program to the Office of the Governor. Section 3.The City Council of the City of The Colony, Texas, hereby authorizes the City Manager and/or a designee to accept Grant Number 4585001 in the amount of $32,000.00 to purchase additional bullet resistant shields for each police patrol vehicle. Section 4.This Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1ST DAY OF NOVEMBER 2022. 119 _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 120 Agenda Item No:4.8 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Lease Agreement with The Colony Chamber of Commerce for a space in the Trinity North Building for the Fiscal Year 2022-23. (Shallenburger) Suggested Action: Attachments: The Colony Chamber of Commerce Lease Agreement FY 22-23.pdf Res. 2022-xxx The Colony Chamber of Commerce Lease Agreement.doc 121 Page 1 of 11 TCCOC LEASE GOVERNMENT CENTER LEASE AGREEMENT ___________________________________________________________________________ 1. PARTIES: The parties to this lease are: The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: The Colony Chamber of Commerce 2. PROPERTY: Landlord leases to Tenant the following real property: A portion of the property at 6053 Main Street The Colony, TX 75056 Suite 200, referred to herein as the “Property”. 3. TERM: Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term of this Lease shall be for a period from November 1, 2022 (the “Commencement Date”), and end at 11:59 p.m. on the date through September 30, 2023 (the “Expiration Date”) or on such earlier date as this Lease may terminate as provided herein. 4. RENEWAL AND NOTICE OF TERMINATION: A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of their intention to renew the lease at the end of the current term. B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each full month during this lease. The first full month’s rent is due and payable not later than November 1, 2022. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before the first day of each month during this lease. Weekends, holidays, and mail delays do not excuse Tenant’s obligation to timely pay rent. B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated below and shall make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: City of The Colony, Texas Address: Parks and Recreation Department 5151 North Colony Boulevard, The Colony, TX 75056 C. Method of Payment: 122 Page 2 of 11 TCCOC LEASE (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant’s failure to make timely payments with good funds. D. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid through any subsequent term by providing at least 45 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will pay Landlord for each late payment: (1) an initial late charge on the 5th day of the month equal to $10.00 and (2) additional late charges of $5.00 per day beginning on the 6th day of the month until rent and late charges are paid in full. Total late charges (initial and additional) may not exceed $50.00 in any one month. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise remedies under Paragraph 19. 7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. Tenant must make any returned check good by paying such amount(s) plus any associated charges in certified funds. 8. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit 123 Page 3 of 11 TCCOC LEASE to Landlord in the amount of $360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the Texas Property Code. B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landlord or Landlord’s representative. C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender before Landlord is obligated to refund or account for the security deposit. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear; (b) costs for which Tenant is responsible to clean, deodorize, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) replacing unreturned keys, garage door openers, security devices, or other components; (f) the removal of unauthorized locks or fixtures installed by Tenant; (g) Landlord’s cost to access the Property if made inaccessible by Tenant; (h) packing, removing, and storing abandoned property; (i) removing abandoned or illegally parked vehicles; (j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default; (k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (l) mailing or delivery costs associated with sending notices to Tenant for any violations of this lease; and (m) any other unpaid charges or fees or other items Tenant is responsible to pay under this lease. 124 Page 4 of 11 TCCOC LEASE (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. 9. ACCESS BY LANDLORD: Landlord shall have access to the building at all times in order to facilitate routine and emergency maintenance, and necessary storage of any city property associated with the use of the building. 10. MOVE-OUT: A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same or similar condition as when received, normal wear and tear expected. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) “Normal wear and tear” means deterioration that occurs without negligence, carelessness, accident, or abuse outside of normal expectations associated with the normal use of the facility. (2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided under this lease. (3) “Abandonment” occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord’s reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move-Out: 125 Page 5 of 11 TCCOC LEASE (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in Section 54.045(b)-(e) of the Texas Property Code (2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10 C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. 11. PROPERTY MAINTENANCE: A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and other devices (of the same type and quality that are in the property on the Commencement Date); (4) take action to promptly eliminate any dangerous condition on the Property; (5) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (6) remove any standing water; (7) know the location and operation of the main water cut-off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; and (8) promptly notify Landlord, in writing, of all needed repairs. B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: 126 Page 6 of 11 TCCOC LEASE (1) remove any part of the property or any of Landlord’s personal property from the Property; (2) remove, change, add, or rekey any lock; (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (5) keep or permit any material which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (6) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (7) cause or allow any lien to be filed against any portion of the Property. C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in addition to exercising Landlord’s remedies under Paragraph 19, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. 12. REPAIRS: A. Repair Requests: All requests for repairs must be in writing and delivered to Designated Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. B. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition listed in Paragraph 12(C)(1), regardless of the cause, without Landlord’s permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, will be at Landlord’s sole discretion. (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. C. Payment of Repair Costs: Repair costs will be paid as follows: (1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair: (a) a condition caused by the Landlord or the negligence of the Landlord; 127 Page 7 of 11 TCCOC LEASE (b) wastewater stoppages or backups caused by deterioration, breakage, roots, ground condition, faulty construction, or malfunctioning equipment. (c) a condition that adversely affects the health or safety of an ordinary tenant which is not caused by Tenant, an occupant, a member of Tenant’s family, or a guest or invitee of Tenant; and (d) a condition in the following items which is not caused by Tenant or Tenant’s negligence: (1) heating and air conditioning systems; (2) electrical repairs; (3) damage to doors, windows, or screens (4) water heaters; or (5) water penetration from structural defects. (2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair: (a) a condition caused by Tenant, an occupant, a member of Tenant’s organization, or a guest or invitee of Tenant (a failure to timely report an item in need of repair or the failure to properly maintain an item may cause damage for which Tenant may be responsible); (b) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively service the Property; and (c) damage from windows or doors left open. 13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in writing. Installation of additional security devices or additional rekeying or replacement of security devices desired by Tenant will be paid by Tenant in advance and may be installed only by contractors authorized by Landlord. 14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations. Requests for additional installation, inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under Section 92.2611 of the Texas Property Code. 15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s guests, members, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, 128 Page 8 of 11 TCCOC LEASE etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s guests, or any occupants. 16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting the Property. 18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation of all or a part of the property is a casualty loss. 19. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant with at least ten (10) days written notice to vacate; (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; and (3) Tenant will be liable for: (a) any lost rent; (b) Landlord’s cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; 129 Page 9 of 11 TCCOC LEASE (d) all Landlord’s costs associated with eviction of Tenant, including but not limited to attorney’s fees, court costs, costs of service, and prejudgment interest; (e) all Landlord’s costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section 24.005 of the Texas Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by attempting to relet the Property to acceptable tenants and reducing Tenant’s liability accordingly. 20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law, or this Paragraph. A. Early Termination Option: Tenant(s) in good standing (those who are in compliance with the lease) have the option to terminate this lease prior to the normal end of term or during any future renewal by providing the Landlord all of the following a) a minimum 45 day written notice, b) providing the last date of occupancy and c) submitting certified funds (Cashier’s Check, money orders or wire transfer) as an “Early Termination Fee” in the amount of 150% of one month’s rent at the time notice is provided. Rent will be prorated on a daily basis through the revised end of term. Tenant is required to conform to all other terms of the lease or the Early Termination Option will be forfeit and the tenant will be responsible for the full amount of rent as allowed by the lease. B. Assignment and Subletting: (1) Tenant may not assign this lease or sublet the Property without Landlord’s written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 20A, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a 130 Page 10 of 11 TCCOC LEASE sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant’s obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord’s written consent is voidable by Landlord. 21. Notice to Parties: A. Notice to Landlord shall be delivered to : City of The Colony Attn: Brant Shallenburger 6800 Main Street The Colony, TX 75056 B. Notice to Tenant shall be delivered to: The Colony Chamber of Commerce P.O. Box 560006 The Colony, TX 75056 22. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing party. 23. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. 131 Page 11 of 11 TCCOC LEASE E. Severability Clause: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. Venue for any action arising under this lease shall lie in the state district and county courts of Denton County, Texas. G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in accordance with applicable laws, ordinances, and regulations. H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property, excluding any taxes levied or assessed for any personal property, furniture, or fixtures placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed against any personal property, furniture or fixtures placed by Tenant on the Property. Executed and agreed to this ___ day of ________, 2022. _______________________________ ____________________________ Troy Powell Jennifer Ondreyka City Manager Executive Director City of The Colony The Colony Chamber of Commerce Approved as to form: _______________________________ Jeff Moore, City Attorney 132 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE COLONY CHAMBER OF COMMERCE FOR A SPACE IN THE TRINITY NORTH BUILDING FOR THE FISCAL YEAR 2022-23; PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council of the City of The Colony, Texas, approved a building use policy establishing guidelines for the use and rental of City facilities; and WHEREAS, The Colony City Council has determined it to be in the best interest of its citizens to enter into a Lease Agreement with The Colony Chamber of Commerce for a space in the Trinity North Building for the Fiscal Year 2022-23. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to execute a Lease Agreement with The Colony Chamber of Commerce for a space in the Trinity North Building for the Fiscal Year 2022-2023. Section 2.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1 ST DAY OF NOVEMBER 2022. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____________________________________ Jeffrey L. Moore, City Attorney 133 Agenda Item No:4.9 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in the amount of $ 77,400.00 with Halff Associates, Inc. to prepare construction plans and specifications for the Phase 13B Concrete Street Repair project. (Hartline) Suggested Action: Background: This contract will authorize Halff Associates, Inc. to prepare construction plans and specifications for the Phase 13B Concrete Street Repair project. City Council approved funding for the repair of these streets in the 2022 / 2023 CIP budget. The streets to be repaired during this project are listed below. •South Colony Boulevard – 177 feet +/- west of the intersection with FM 423 to Westport Drive - (including Westport Drive intersection). •Lebanon Road – City limit line to Castlebridge (Various locations). •Standridge Drive – Damaged lane section between SH 121 and Memorial Drive. Lebanon Road and Standridge Drive will include concrete panel replacements at locations determined from field inspections. South Colony Boulevard will include full reconstruction of the street to the limits previously discussed above. Water and sewer lines will also be replaced within the repair limits identified for South Colony Boulevard. Only above ground utility appurtenance adjustments will be conducted during the repairs to Standridge Drive and Lebanon Road. The design contract includes a field inspection of the three streets, determining repair recommendations, preparing construction specifications and drawings, bidding services and construction management. The total cost of the contract with Halff Associates, Inc. is $77,400.00. With approval, the project is anticipated to start construction in June 2023 with an estimated completion in March 2024. Attachments: Location Map Engineering Services Contract Scope of Services Financial Summary Photo 1. Lebanon Road. 134 Photo 2. Lebanon Road Photo 3 Lebanon Road Photo 1. Standridge Drive From SH 121 to Memorial Drive Photo 2. Standridge Drive From SH 121 to Memorial Drive Photo 1. South Colony Boulevard from FM 423 to Westport Drive Photo 2. South Colony Boulevard from FM 423 to Westport Drive Res. 2022-xxx Halff Associates Contract.docx 135 6053 Main Street MainSH 121PaigeM em orialLE B A N ON Plano W indhavenL e b a n o n N a s h Blair OaksSam Rayburn TollwayBakerFryer Fox Ragan South ColonyPineK e y s Norris Spring CreekStandridgeTEELTu rn e r S q u i r e s W estern AztecSlay TaylorStrickland Lilac ReedRice R o b e r t s LEORAArbor Gl enEthridge Dest i nat i onWorley GrandscapeGatesElmNorth C o l o n y EAST HILL PARKLinks Lebanon Newton CurryW a v e r l y T r u i t t LIAM PruittOl d GatePerrin TittleCarrollIveyAdamsCaldwellWilcox Knox Shore FM 423C a r r LAKE RIDGERichmond August a4TH ARMYI o l a L a k e s id e PhelpsHigh MarlarROCK CREEKM i l l b a n kPaisley Russell B ra e m a r TRINITYLegend Voyager StewartMARINA VISTAT o w n & C o u n t r y Sudbur yFrio SH 121 O n Ram pBuckskin P A T R I O T Doo le y Young A listerLakeshoreL a d y b a n k K in g t o n WINEHARTCougar AlleyWestway HIDALGO Rock Canyon C reek H ollow D un n KingsbarnsRed Oak DarbyQueenA l t a O a k s LIMERICK Sedalia Windja m m er Stone MountainDRUID HILLS S p a r k s G r o v e NAVARRO K i r k f i e l d BILTMOORERidgecrestPinevalley Village SpringsWhispering Lake COMPASSHorseshoe Kean L A V E R T O N O a k Fairway V a n g u a r d A L C O V E Meadow H arvard B r i s t o l Balfour LonghornCedar Fay Spring CreekPaigeMemorialMainWindhavenSH 121Plano µLocation MapPhase 13B Concrete Street Repair Project South Colony Boulevard – 177 feet +/- west of the intersection with FM 423 to Westport Drive, including Westport Drive intersection. Standridge Drive – Damaged lane section between SH 121 and Memorial Drive. Lebanon Road – City limit line to Castlebridge(Various locations) 136 137 138 139 140 141 142 143 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $1,100,000 (Engineering/Construction for South Colony Blvd. and Standridge Dr.) $1,500,000 (Engineering/Construction for Lebanon Rd.) Fund(s) (Name and number): 895-669-6670 Project Number 2350 (South Colony Blvd. and Standridge Dr.) Project Number 2353 (Lebanon Rd.) Cost of recommended contract award: $ 77,400.00 Total estimated project cost: $ 77,400.00 Engineering Already authorized Yes No $ 77,400.00 Total estimated costs 144 145 146 147 148 149 150 151 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH HALFF ASSOCIATES, INC. TO PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE PHASE 13B CONCRETE STREET REPAIR PROJECT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: WHEREAS, the City of The Colony, Texas, has determined that it is in the best interest of the City to enter into the contract with Halff Associates, Inc. to prepare construction plans and specifications for the Phase 13B Concrete Street Repair project; and WHEREAS, with this contract the City of The Colony is agreeing to the services not to exceed the amount of $77,400.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1ST DAY OF NOVEMBER 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 152 Agenda Item No:4.10 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in the amount of $ 56,500.00 with Walter P. Moore and Associates, Inc. to prepare construction plans and specifications for Bridge Culvert Repair at Paige Road and Memorial Drive. (Hartline) Suggested Action: Background: This contract will authorize Walter P. Moore and Associates, Inc. to produce construction plans and contract specifications for Bridge Culvert Repair at Paige Road and Memorial Drive. City Council approved funding for the design of this repair in the 2022 / 2023 CIP budget. The southern barrel of the precast bridge culvert at the intersection of Paige Road and Memorial Drive is experiencing settlement near the downstream exit which has caused distress in the adjacent wing wall. There are noticeable impacts to the wing wall, sidewalk, riprap, parapet wall and hand rail at the northwest corner of this existing bridge culvert. Additionally, many of the precast culvert joints have significant joint material loss and need repairing. The design contract includes surveying, data collection, geotechnical evaluation, preparing construction specifications and drawings, bidding services and construction management. The total cost of the contract with Walter P. Moore and Associates, Inc. is $56,500.00. With approval, the project is anticipated to start construction in June 2023 with an estimated completion in December 2023. Attachments: Location Map Engineering Services Contract Scope of Services Financial Summary Photo 1. Existing Bridge Culvert at Paige Road and Memorial Drive Photo 2. Existing Bridge Culvert at Paige Road and Memorial Drive Photo 4. Existing Bridge Culvert at Paige Road and Memorial Drive Photo 5. Existing Bridge Culvert at Paige Road and Memorial Drive 153 Photo 6. Existing Bridge Culvert at Paige Road and Memorial Drive Photo 7. Existing Bridge Culvert at Paige Road and Memorial Drive Res. 2022-xxx Walter P. Moore and Associates, Inc. Contract.docx 154 SH 121Mai n M em orialPlanoPaigeSouth ColonyB lair O a k s Aztec Sam Rayburn TollwayArbor Glen Worley AlphaAvery TittleC lo v e r V alle yBartlett SH 121 On Ram pBuc ks ki n Mor ni ng St a rRunyonApache DurangoCougar Alley Nebraska Furniture M artBargain DestinationAlta O ak s Phoenix Am hurstHaw se LibertyCheyenneC r e s c e n t Sundance FallwaterKADINBiscayne Foxfire EXIT M ain St / Josey LnW ILTSHIREBlue GlenAsh Glen EXIT Spring C reekJOSEPH EXIT NFM / South ColonyEvans Branch HollowGrandscape Longhorn CascadesT r a il v i e w Wom a c k H a c k n e y PinebrookGoodman Mohaw k WestportNia g ara Boca RatonAtt erb ury BlaynesMcKinley SH 121GrandscapePlano Sam Rayburn TollwaySH 121 On RampM e m o r i a l SH 121 On RampMa i n PaigeµLocation MapBridge Culvert Repair at Paige Road and Memorial Drive Bridge Culvert Repair at Paige Road and Memorial Drive 155 156 157 158 159 160 161 162 163 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $500,000.00 (Design and Construction) Fund(s) (Name and number): 895-669-6420 Project Number 2383 Cost of recommended contract award: $ 56,500.00 Total estimated project cost: $ 56,500.00 Engineering Already authorized Yes No $ 56,500.00 Total estimated costs 164 165 166 167 168 169 170 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH WALTER P. MOORE AND ASSOCIATES, INC. TO PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR BRIDGE CULVERT REPAIR AT PAIGE ROAD AND MEMORIAL DRIVE; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: WHEREAS, the City of The Colony, Texas, has determined that it is in the best interest of the City to enter into the Contract with Walter P. Moore and Associates, Inc. to prepare construction plans and specifications for Bridge Culvert Repair at Paige Road and Memorial Drive; and WHEREAS, with this Contract,the City of The Colony is agreeing to the services not to exceed the amount of $56,500.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1ST DAY OF NOVEMBER 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 171 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance approving the Site Plan application of “Mavericks,” an approximately 14,321 square-foot dance hall within the Lifestyle Center of Grandscape. The subject site is located at the southwest corner of the intersection of Grandscape Blvd and Destination Drive in the NFM-Grandscape Planned Development (PD25). (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: SP22-0010 CC Staff Report Mavericks SP (final).pdf SP22-0010 Mavericks Locator Map.pdf Mavericks Landscape Plan (final for ordinance).pdf SP22-0010 - SITE PLAN - Mavericks - Grandscape (final for ordinance).pdf Axonometric Views (final for ordinance).pdf Exterior Elevations (final for ordinance).pdf Ord. 2022-XXXX Mavericks Site Plan.docx 172 1 CITY COUNCIL REPORT AGENDA DATE: November 1, 2022 DEPARTMENT: Planning Department SUBJECT SP22-0010 - Mavericks– Site Plan Discuss and consider an ordinance regarding the Site Plan application of “Mavericks,” an approximately 14,321 square-foot dance hall within the Lifestyle Center of Grandscape. The subject site is located at the southwest corner of the intersection of Grandscape Blvd and Destination Drive in the NFM-Grandscape Planned Development (PD25). DEVELOPER/ENGINEER Developer: Darren Van Delden The Colony, Texas Dancing With Boots, LLC Engineer: Dayton Macatee Dallas, Texas Macatee Engineering EXISTING CONDITION OF PROPERTY The property is currently undeveloped. PROPOSED DEVELOPMENT The applicant is proposing an approximately 14,321 square-foot dance hall establishment, named “Mavericks,” a two-story, dancing and live entertainment facility located at the south west corner of Grandscape Boulevard and Destination Drive. The proposed development w ill have an indoor and outdoor area to accommodate dancing, and socializing. The establishment and offer live music, light fare and alcohol for patrons. ADJACENT ZONING AND LAND USES North - PD-25, Lava Cantina South - PD 25, Scheels East- PD 25, Grandscape (Undeveloped) West- PD-25, Scheels DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the Site Plan meets the requirements of the Zoning Ordinance. PRIOR ACTION On October 25th 2022, the Planning and Zoning Commission voted (5-0) to recommend approval of the Site Plan for “Mavericks,” an approximately 14,321 square -foot dance hall within the Lifestyle Center of Grandscape. The subject site is located at the southwest corner of the intersection of Grandscape Blvd and Destination Drive in the NFM-Grandscape Planned Development (PD25). 173 2 ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Proposed Development Plans ATTACHMENT 1 Staff Analysis Land Use Analysis The site plan reflects the intent to develop an approximately 38,000 square-foot portion of area 6 within the Lifestyle Center of the Grandscape development with a 14,321 square-foot dance hall establishment. The Grandscape Planned Development had previously not permitted establishments intended for primarily dancing and live entertainment operati ons. Within the Grandscape development are establishments that offer live entertainment, however they also incorporate a restaurant or substantial food serving component that distinguishes them from the proposed operations of the dance hall. Accordingly, to facilitate the development of the proposed use, a text amendment to define the dance hall operations was submitted and approved. Infrastructure Improvements No new infrastructure improvements are anticipated at this time. Circulation and Parking The subject site will be accessed through the parking field commonly used by Scheel s patrons. The site is located at the corner of Grandscape Boulevard and Destination Drive, access to the development is provided from each street. The supplimental parking exhibit reflects the intent to accommodate parking through the use of six rows of existing parking. The applicant estimate s an accomodation of approximately 276 parking spaces. Landscaping and screening The landscape plan reflects large and small ornamental trees dispersed throughout the development area. The site will have plantings along the perimeter of the building. Adjacent to the site are established plantings within the buffers along the right -of-way. The buffers contain large canopy trees, small orname ntal and grasses, according to the overall landscaping plan of the Grandscape Development. Exterior Building Materials The proposed façade elevations reflect aesthetic containing rustic and contemporary elements . The proposed building is designed with four-sided architecture containing an earth toned color palate with vertical and horizontal articulations, divided windows, awnings, canopies, and varied roof heights. The design contains material and color changes offering depth and visual interest. The proposed elevations are consistent with the emphasis of unique architectural intents of the Grandscape Development. 174 3 Development Review Committee Review The Development Review Committee finds that the Site Plan meets requirements of the Zoning Ordinance and therefore recommends approval. On October 25th 2022, the Planning and Zoning Commission voted (5-0) to recommend approval of the Site Plan for “Mavericks,” an approximately 14,321 square -foot dance hall within the Lifestyle Center of Grandscape. The sub ject site is located at the southwest corner of the intersection of Grandscape Blvd and Destination Drive in the NFM -Grandscape Planned Development (PD25). 175 G R A N D S C A P E B L V D DESTI NATI ON DR4545 5856 5866 5876 P D 2 5 This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . SP22-0010 - Project Name: Mavericks Dan cin g with b o ot s Pla nn e d Deve lo pme nt , P D25 SubjectArea 176 010204020GRANDSCAPE BOULEVARDDESTINATION DRIVESSSSSSSSSSSSSSSSSSSS20' LANDSCAPEBUFFER20' LANDSCAPEBUFFERDG PATIOAREA BYOTHERSDG PATIOAREA BYOTHERSDG PATIOAREA BYOTHERSCOVEREDOUTDOORSTAGEPROPOSEDBUILDINGCONCRETEDRIVELOADINGDOCKNOT A PART OF THIS PROJECT(ADJACENT TENANT SITE)PROJECT EXTENTSPLANT MATERIAL LIST SUMMARY CHARTQNTYCOMMON NAMEBOTANICAL NAMESIZENATCHEZ CRAPE MYRTLETEXAS SAGEWHALES TONGUE AGAVETREESSHRUBSLIVE OAKLITTLE JOHN BOTTLE BUSHBALD CYPRESS2BLONDE AMBITION BLUE GRAMASHADEMASTER HONEYLOCUSTDD BLANCHARD MAGNOLIA224216102122MEXICAN BUSH SAGEHARDSCAPE ELEMENTS4Lagerstroemia indicaLeucophyllum frutescensAgave ovatifoliaQuercus virginianaCallistemon 'Little John'Taxodium distichumBouteloua gracilisGleditsia triacanthosPinus eldaricaSalvia leucanthaLARGE OKLAHOMA MOSS BOULDERSMIN. 3'X3'10' HGT; 30 GAL3" CAL; 60 GAL3" CAL; 60 GAL3" CAL; 60 GAL1 GAL MIN10' HGT; 30 GAL5 GAL MIN1 GAL MIN3 GAL MIN5 GAL MINEXISTING TREE; PRESERVE AND PROTECTEXISTING VEGETATION/SHRUBS/TURF; PRESERVE AND PROTECTCURVED LEAF YUCCA16Yucca gloriosa var. tristis5 GAL MINNELLIE R STEVENS HOLLY12Ilex x 'Nellie R. Stevens'6' HGT; 30 GAL1/1LANDSCAPE PLANSCALE: 1" = 20'-0"NORTH 09/20/2022 NORTH VICINITY MAPNTSSITE INFORMATIONSITE AREA: 52,000 SFLANDSCAPE REQUIREMENTSSTREET YARDSGRANDSCAPE BOULEVARD & DESTINATION DRIVESTREET YARDSLANDSCAPE AREA REQUIRED:2,800 SF(20% OF STREET YARD AREA; 14,000)LANDSCAPE AREA PROVIDED:>2,800 SF(satisfied by existing landscape on site)TREES REQUIRED:12 TREES(10/10,000 SF + 1/2,500 ADDITIONAL SF)STREET TREES PROVIDED:12 TREES(satisfied partially by existing landscape on site)BUFFERINGTREES REQUIRED:11 TREES(1/40 LF OF FRONTAGE; 420 LF)BUFFER TREES PROVIDED:12 TREES(satisfied partially by existing landscape on site)NOTES1.All landscaping is to be irrigated in accordance with Citystandards.2.All irrigation systems are to be fitted with rain and freezegauges in accordance with City standards.3.Water and Sewer Lines: All water and sewer lines and theirsizes shall be shown on the Landscape Plan, including FireDepartment connections4.All landscape(existing and new) to be maintained to ensurethe health and appearance of the plant materials.MAVERICKS CITY OF THE COLONY, TEXAS E. BROOKE ASSOCIATES 8624 Ferguson Rd #570527 Dallas, Texas 75357 817-219-2665 erin@ebrooke.com SITE09/20/2022177 SSSSSSSSSSSSSSSSSSSS SS SS (Tex. Reg. No. F-456) 12655 N. CENTRAL EXPWY, SUITE 420 DALLAS, TEXAS 75243 TEL 214-373-1180 * FAX 214-373-6580 daytonm@macatee-engineering.com phillipf@macatee-engineering.com DANCING WITH BOOTS, LLC 5856 GRANDSCAPE BLVD. THE COLONY, TX 75056 (713) 865-3019 E-MAIL: DKVANDELDEN@GMAIL.COM DEVELOPER: LMG VENTURES, LLC CONTACT: RON LAZENBY 5752 GRANDSCAPE BLVD. STE. 205 THE COLONY, TX 75056 (972) 668-1515 OWNER: LEGEND EXISTING FIRE LANE CONC. PVMT. CONCRETE PAVEMENT PROP. EX. PROPOSED EXISTING B.L.BUILDING LINE SANITARY SEWER EASEMENT R25'RADIUS (TYP)TYPICAL X NUMBER OF PARKING SPACES SIDEWALK & UTILITY EASEMENT WATER UTILITY EASEMENT FO FIBER OPTIC UGE UNDERGROUND ELECTRIC NOTES: 1) Proposed building shall be sprinkled. 2) All onsite lighting are existing. Standard height is 20'. 7" THICK DUMPSTER PAD SIDEWALK DUMPSTER PAD DUMPSTER PAD SHALL BE MIN. 7" THICK W/REINFORCING TO MATCH FIRE LANE EXISTING FIRE LANE PAVEMENT 7" 4,000 PSI CONCRETE, #4 REBAR @18" O.C. BOTH WAYS, PER CIVIL CONSTRUCTION PLANS FOR AREA 1A - GRANDSCAPE ADDITION PHASE II PREPARED BY OLSSON (SEE PAGE C17.00 CONSTRUCTION DETAILS) CITY PROJECT NO.: SP22-0010 178 GSPublisherVersion 10.12.99.11 CAUTION: DO NOT SCALE DRAWINGS THESE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND MAY ONLY BE USED IN CONJUNCTION WITH THIS PROJECT UAN 25 2 0JOSHI 7 C H OLA S HOGANREV ID CHANGE NAME DATE 02 10/14/22 A A B B C C D D E E F F 1 2 3 4 5 6 7 SHEET TITLE CONSULTANTS PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 11 OF 93 G-11 JH, AJ, LD Mavericks Project No. Friday, October 14, 2022 © 2022 HOGAN ARCHITECTS AND DEVELOPMENT LLC 1 2 3 4 5 6 7 AXONOMETRIC VIEWSMAVERICKS5856 GRANDSCAPE BLVD.THE COLONY, TX 75056BUILDING PERMIT REV 2 Friday, October 14, 2022 Friday, October 14, 2022 | 3:30 PM STRUCTURAL ENGINEER STENSTROM-SCHNEIDER, INC. 13748 NEUTRON RD. SUITE 120 FARMERS BRANCH, TX 75244 www.ssidallasinc.com (214) 461-9831 MEP ENGINEER BOTHNE ENGINEERING 14201 SANDY MEADOW CIRCLE LEANDER, TX 78641 dbothne@austin.rr.com (512) 259-8476 ofc (512) 750-4942 cell GENERAL CONTRACTOR BUTCH JONES CCG COMMERCIAL CONSTRUCTION GROUP 972-415-8117 LANDSCAPE ARCHITECT ERIN BROOKE FREDI, PLA PRINCIPAL E. BROOKE ASSOCIATES, LLC | CERTIFIED MWBE EMAIL: ERIN@EBROOKE.COM PHONE: 817-219-2665 1 EXTERIOR PERSPECTIVE 2 EXTERIOR PERSPECTIVE MTL. WATER STORAGE SHELL RTU MECHANICAL PLATFORM DISPLAY WINDOWS PENDANT FIXTURE W/ ARM MOUNT S-1 SIGNAGE W/ LED STRIP LIGHTING WD-1 WD-2 ST-1 DOWN SPOUTS ELEVATED LOADING DOCK W.I.COOLER STAIRS COVERED STAGE RF-1 MTL. WATER STORAGE SHELL RTUMECHANICAL PLATFORM SIGNAGE W/ LED STRIP LIGHTING WD-1 ST-1 DOWN SPOUTS STAIRS COVERED STAGE RF-1 MTL. GUARDRAIL MTL. GUARDRAIL MTL. GUARDRAIL ELEVATED LOADING DOCK W.I.COOLER COLUMNS OUTDOOR BAR ROOF RETAINING WALL STL CROSS BRACING 179 GSPublisherVersion 10.12.99.11 CAUTION: DO NOT SCALE DRAWINGS THESE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND MAY ONLY BE USED IN CONJUNCTION WITH THIS PROJECT UAN 25 2 0JOSHI 7 C H OLA S HOGANREV ID CHANGE NAME DATE 02 10/14/22 A A B B C C D D E E F F 1 2 3 4 5 6 7 SHEET TITLE CONSULTANTS PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 12 OF 93 G-12 JH, AJ, LD Mavericks Project No. Friday, October 14, 2022 © 2022 HOGAN ARCHITECTS AND DEVELOPMENT LLC 1 2 3 4 5 6 7 AXONOMETRIC VIEWSMAVERICKS5856 GRANDSCAPE BLVD.THE COLONY, TX 75056BUILDING PERMIT REV 2 Friday, October 14, 2022 Friday, October 14, 2022 | 3:30 PM STRUCTURAL ENGINEER STENSTROM-SCHNEIDER, INC. 13748 NEUTRON RD. SUITE 120 FARMERS BRANCH, TX 75244 www.ssidallasinc.com (214) 461-9831 MEP ENGINEER BOTHNE ENGINEERING 14201 SANDY MEADOW CIRCLE LEANDER, TX 78641 dbothne@austin.rr.com (512) 259-8476 ofc (512) 750-4942 cell GENERAL CONTRACTOR BUTCH JONES CCG COMMERCIAL CONSTRUCTION GROUP 972-415-8117 LANDSCAPE ARCHITECT ERIN BROOKE FREDI, PLA PRINCIPAL E. BROOKE ASSOCIATES, LLC | CERTIFIED MWBE EMAIL: ERIN@EBROOKE.COM PHONE: 817-219-2665 SCALE: 3/16" = 1'-0" 1 SECTION PERSPECTIVE 0 4'8'12' SCALE: 3/16" = 1'-0" 2 SECTION PERSPECTIVE 0 4'8'12' RTUMECHANICAL PLATFORM DANCE FLOOR STAGE BOH BAR 1BOH/STO. STO.BAR 5 DANCE FLOOR MECH PLATFORM MAIN HALL BAR 4 WOMEN'S R.R.MEN'S R.R. BALCONY VIP SEATING MAIN HALL STAGE DANCE FLOOR MECH ROOF GENERAL SEATING SEATING DUCTWORK REF. MEP DUCTWORK REF. MEP RTU MT-1 OUTDOOR BAR MECH PLATFORM ACCESS 180 GSPublisherVersion 10.12.99.11 CAUTION: DO NOT SCALE DRAWINGS THESE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND MAY ONLY BE USED IN CONJUNCTION WITH THIS PROJECT UAN 25 2 0JOSHI 7 C H OLA S HOGANREV ID CHANGE NAME DATE 02 CITY REVISION 02 10/14/22 A A B B C C D D E E F F 1 2 3 4 5 6 7 SHEET TITLE CONSULTANTS PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 31 OF 93 A2-01 JH, AJ, LD Mavericks Project No. Friday, October 14, 2022 © 2022 HOGAN ARCHITECTS AND DEVELOPMENT LLC 1 2 3 4 5 6 7 EXTERIOR ELEVATIONSMAVERICKS5856 GRANDSCAPE BLVD.THE COLONY, TX 75056BUILDING PERMIT REV 2 Friday, October 14, 2022 Friday, October 14, 2022 | 3:30 PM STRUCTURAL ENGINEER STENSTROM-SCHNEIDER, INC. 13748 NEUTRON RD. SUITE 120 FARMERS BRANCH, TX 75244 www.ssidallasinc.com (214) 461-9831 MEP ENGINEER BOTHNE ENGINEERING 14201 SANDY MEADOW CIRCLE LEANDER, TX 78641 dbothne@austin.rr.com (512) 259-8476 ofc (512) 750-4942 cell GENERAL CONTRACTOR BUTCH JONES CCG COMMERCIAL CONSTRUCTION GROUP 972-415-8117 LANDSCAPE ARCHITECT ERIN BROOKE FREDI, PLA PRINCIPAL E. BROOKE ASSOCIATES, LLC | CERTIFIED MWBE EMAIL: ERIN@EBROOKE.COM PHONE: 817-219-2665 M L D CJKGHFTSRN B A ±0" LEVEL 1 ±0" LEVEL 1 34'-7"T.O. RIDGE 16'-6"T.O.RAILING 8'-11"8'-7"4'-2"11'-5"11'-4"11'-11"13'-4"15'-8"9'-8"12'-11"20'-1"1'-8"13'-1"20'-5"8'-0"34'-7"T.O. RIDGE 35'-0" T.O. MECH. PLATFORM 1 A3-01 2 A3-03 2 A3-02 1 A3-03 1 A3-02 RF-1 125C ST-1 S-1 W.I.COOLER METAL GUARDRAIL OUTDOOR BAR OUTDOOR STAGE DOWN SPOUT DOWN SPOUT EXPOSED BEAM GABLE WD-1 INFILL PROVIDE PWR FOR SIGNAGE METAL GUARDRAIL WD-1 WD-1 WD-1 WD-1MT-1 212B217A S-2 104A S-1 ELEV SHAFT 12 5 12 5 12 8 12 8 12 8 12 2 12 3 12 2 13'-0"LEVEL 2 23'-4"T.O. PLATE 13'-0"3'-6"6'-10"11'-3"34576891016151413 11.9 11 2 1 12.5 12 5.7 5.5 0.5 ±0" LEVEL 1 ±0" LEVEL 1 13'-0" LEVEL 2 23'-4" T.O. PLATE 27'-0" T.O. PLATE 34'-7" T.O. RIDGE 35'-0" T.O. MECH PLATFORM 13'-0"10'-4"3'-8"7'-7"5"16'-6" TOP OF RAILING 108'-0"19'-8"12'-4"17'-6"17'-6"9'-2"153'-8"OVERALL DIM. 8'-3"2'-6"11'-11"4'-6"5"10" 5'-1"19'-7"19'-7"3'-9"4'-7"4'-10"3'-5"7"5'-4"2'-11"8'-6"16'-7"27'-3"5'-3" 32'-0" T.O.WATERTANK 2 A3-01 1 A3-04 2 A3-04 1 A3-06 RF-1 S-1 WD-2 ST-1 METAL WATER STORAGE TANK OPEN TO VESTIBULE BEYOND METAL GUARDRAIL OUTDOOR BAR DOWN SPOUT DOWN SPOUT 119F 218B S-2 RETAINING WALL, REF. CIVIL WD-1 W.I.COOLER MECH. PLATFORM WD-1 METAL GUARDRAIL S-2 EXPOSED BEAM 119D 119G 119E BOLLARDS 12 2 12 2 12 2 12 6 12 6 1. ALL WORK DONE UNDER THIS SECTION SHALL COMPLY WITH THE INTERNATIONAL BUILDING CODE AND LOCAL CODE REGULATIONS. THE CONTRACTOR SHALL PERFORM ALL WORK IN COMPLIANCE WITH THESE REGULATIONS WHETHER OR NOT SUCH WORK IS SPECIFICALLY SHOWN ON THE DRAWINGS OR IN THE SPECIFICATIONS. CONTRACTOR SHALL REFERENCE 2018 IBC AND ALL LOCAL CODE AMENDMENT.S KEY: S-1 STUCCO - FERN RIDGE #526B S-2 STUCCO - GRAY SMOKE #632A WD-1 LAP SIDING W/ VARYING WIDTHS (4", 6", 12" HARDIE) GRAY WD-2 LAP SIDING W/ VARYING WIDTHS (4", 6", 12" HARDIE) RED ST-1 3.5X2.25X7.625 MERIDIAN BRICK V228 MODULAR C-3 BOARD FORMED CONCRETE RF-1 STANDING SEAM METAL ROOFING - GRAY TR-1 1"X4" HARDIE TRIM (PTD. TO MATCH) TR-2 1"X12" HARDIE FREEZE BD (PTD. TO MATCH) TR-3 X CORNER REVEAL TRIM - MTL. MT-1 MCNICHOLS SCREEN (460N151348 - 48" x 96") WD FENCE SEALED TREATED PINE MTL FENCE TUBE STEEL - PTD GRAY MTL GUARDRAIL TUBE STEEL, 3" HOG WIRE SQUARE GRID EXTERIOR FINISH NOTES: SCALE: 1/8" = 1'-0"1 NORTH ELEVATION 0 4'8'16' SCALE: 1/8" = 1'-0" 2 EAST ELEVATION 0 4'8'16' S-1 S-2 ST-1 MT-1 BARNHOUSE ELECTRIC - DOMINION GOOSENECK LIGHT NORTH EXTERIOR FACADE: 3,693 SF ST-1 -2,120 SF - 57.41 SF WD-1 -1,409 SF - 32.82 SF S-2 -199 SF - 5.39 SF GLASS -162 SF - 4.38 SF EAST EXTERIOR FACADE: 2,751 SF ST-1 -1,249SF - 45.40 % OF EXT. FACADE WD-1 -726 SF - 26.39% OF EXT. FACADE WD-2 -320 SF - 11.63 % OF EXT. FACADE S-1 -226 SF - 8.21 % OF EXT. FACADE S-2 -230 SF - 8.36 % OF EXT. FACADE WD-2 WD-1 181 GSPublisherVersion 10.12.99.11 CAUTION: DO NOT SCALE DRAWINGS THESE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND MAY ONLY BE USED IN CONJUNCTION WITH THIS PROJECT UAN 25 2 0JOSHI 7 C H OLA S HOGANREV ID CHANGE NAME DATE 02 CITY REVISION 02 10/14/22 A A B B C C D D E E F F 1 2 3 4 5 6 7 SHEET TITLE CONSULTANTS PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 32 OF 93 A2-02 JH, AJ, LD Mavericks Project No. Friday, October 14, 2022 © 2022 HOGAN ARCHITECTS AND DEVELOPMENT LLC 1 2 3 4 5 6 7 EXTERIOR ELEVATIONSMAVERICKS5856 GRANDSCAPE BLVD.THE COLONY, TX 75056BUILDING PERMIT REV 2 Friday, October 14, 2022 Friday, October 14, 2022 | 3:31 PM STRUCTURAL ENGINEER STENSTROM-SCHNEIDER, INC. 13748 NEUTRON RD. SUITE 120 FARMERS BRANCH, TX 75244 www.ssidallasinc.com (214) 461-9831 MEP ENGINEER BOTHNE ENGINEERING 14201 SANDY MEADOW CIRCLE LEANDER, TX 78641 dbothne@austin.rr.com (512) 259-8476 ofc (512) 750-4942 cell GENERAL CONTRACTOR BUTCH JONES CCG COMMERCIAL CONSTRUCTION GROUP 972-415-8117 LANDSCAPE ARCHITECT ERIN BROOKE FREDI, PLA PRINCIPAL E. BROOKE ASSOCIATES, LLC | CERTIFIED MWBE EMAIL: ERIN@EBROOKE.COM PHONE: 817-219-2665 C D F G H J K L M N R SAB T U VA.7 ±0" LEVEL 1 ±0" LEVEL 113'-0"9'-3"12'-1"14'-0"16'-6" T.O.RAILING 23'-4" T.O.PLATE 13'-0"13'-0"13'-0"13'-0"3'-6"6'-10"18'-1"3'-1"4'-11" 10'-3"10'-3"13'-0"1'-8"20'-1"12'-11"10'-0"15'-3"13'-0"12'-4"11'-4"11'-5"4'-2"8'-7"8'-11"4'-9"4'-5" 1 A3-01 2 A3-03 2 A3-02 1 A3-03 1 A3-02 WD-2ST-1S-1 RF-1 WD-1 101A101B 206B PENDANT FIXTURE W/ ARM MOUNT WD-1 EXPOSED METAL OR WOOD HEADER OPEN TO VESTIBULE BEYOND 113A 113B 114A 117B DOWN SPOUT DOWN SPOUT DOWN SPOUT W.I.COOLER PROVIDE PWR TO SIGNAGE DISPLAY WINDOW DISPLAY WINDOW DISPLAY WINDOW DISPLAY WINDOWWD-1 EXPOSED BEAM ELEVATED LOADING DOCK WD-1 MT-1 FROSTED GLASS ELEV. SHAFT BEYOND 12 2 12 8 12 8 12 2 12 2 13'-0" LEVEL 2 22'-3" T.O. PLATE 34'-4" T.O. RIDGE LINE 7543 10986 11 11.9 13 14 15 1611.3 1.7 2.420.5 5.5 5.7 12 12.5 ±0" LEVEL 1 ±0" LEVEL 1 13'-0"LEVEL 2 22'-3"T.O. PLATE 34'-7"T.O. RIGDE 13'-0"9'-3"4'-9"7'-7"16'-6"TOP OF RAILING 21'-10"T.O. PLATE 19'-8"12'-4"9'-2"13'-0"LEVEL 2 27'-0"T.O. PLATE 34'-7"T.O. RIGDE 35'-0"T.O. MECH. PLATFORM 32'-0"T.O. WATER TANK 155'-11"OVERALL DIM. 5'-0" 5'-3"8'-3"13'-1"5'-11"7'-2"9'-6"8'-6"2'-11"5'-4"7"3'-5"4'-10"4'-7"3'-9"19'-7"19'-7"5'-1" 10"5" 4'-6"11'-11"2'-6"8'-3" 2 A3-01 1 A3-04 2 A3-04 1 A3-06 RF-1 ST-1 S-1 WD-1 METAL WATER STORAGE SHELL METAL GUARDRAIL WD-1 DOWN SPOUT DOWN SPOUT 106B WD-1 METAL GUARDRAIL OPEN TO VESTIBULE BEYOND MECH. PLATFORM WD-1 S-2 OUTDOOR STAGE SIDEWALK 107A132A107B 12 6 4'-0"4'-0"4'-0"4'-0" 1x2 TUBE STEEL FRAME 1x6 SEALED PINE 4'-0"4'-0"4'-0"1x2 TUBE STEEL FRAME 1. ALL WORK DONE UNDER THIS SECTION SHALL COMPLY WITH THE INTERNATIONAL BUILDING CODE AND LOCAL CODE REGULATIONS. THE CONTRACTOR SHALL PERFORM ALL WORK IN COMPLIANCE WITH THESE REGULATIONS WHETHER OR NOT SUCH WORK IS SPECIFICALLY SHOWN ON THE DRAWINGS OR IN THE SPECIFICATIONS. CONTRACTOR SHALL REFERENCE 2018 IBC AND ALL LOCAL CODE AMENDMENT.S KEY: S-1 STUCCO - FERN RIDGE #526B S-2 STUCCO - GRAY SMOKE #632A WD-1 LAP SIDING W/ VARYING WIDTHS (4", 6", 12" HARDIE) GRAY WD-2 LAP SIDING W/ VARYING WIDTHS (4", 6", 12" HARDIE) RED ST-1 3.5X2.25X7.625 MERIDIAN BRICK V228 MODULAR C-3 BOARD FORMED CONCRETE RF-1 STANDING SEAM METAL ROOFING - GRAY TR-1 1"X4" HARDIE TRIM (PTD. TO MATCH) TR-2 1"X12" HARDIE FREEZE BD (PTD. TO MATCH) TR-3 X CORNER REVEAL TRIM - MTL. MT-1 MCNICHOLS SCREEN (460N151348 - 48" x 96") WD FENCE SEALED TREATED PINE MTL FENCE TUBE STEEL - PTD GRAY MTL GUARDRAIL TUBE STEEL, 3" HOG WIRE SQUARE GRID EXTERIOR FINISH NOTES: SCALE: 1/8" = 1'-0" 1 SOUTH ELEVATION 0 4'8'16' SCALE: 1/8" = 1'-0" 2 WEST ELEVATION 0 4'8'16' SCALE: 1/2" = 1'-0" 3 WD FENCE/ DUMPSTER SCREEN 0 1'2'4' SCALE: 1/2" = 1'-0" 4 TYP. MTL FENCE DETAIL 0 1'2'4' S-1 S-2 ST-1 MT-1 BARNHOUSE ELECTRIC - DOMINION GOOSENECK LIGHT SOUTH EXTERIOR FACADE: 3,540 SF ST-1 -1,564 SF - 44.18% OF EXT. FACADE WD-1 -673 SF - 19.01% OF EXT. FACADE WD-2 -296 SF - 8.36% OF EXT. FACADE S-1 -520 SF - 14.69% OF EXT. FACADE S-2 -112 SF - 3.16% OF EXT. FACADE GLASS -375 SF - 10.59% OF EXT. FACADE WEST EXTERIOR FACADE: 2,970 SF ST-1 -1,640 SF - 55.22 % OF EXT. FACADE WD-1 -1,031 SF - 34.71 % OF EXT. FACADE S-1 -208 SF - 7.00 % OF EXT. FACADE S-2 -91 SF - 3.06 % OF EXT. FACADE WD-2 WD-1 182 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022- _________ SITE PLAN – “MAVERICKS” AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR “MAVERICKS,” AN APPROXIMATELY 14,321 SQUARE-FOOT DANCE HALL WITHIN THE LIFESTYLE CENTER OF GRANDSCAPE. THE SUBJECT SITE IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GRANDSCAPE BLVD AND DESTINATION DRIVE AND WITHIN THE PLANNED DEVELOPMENT 25 ZONING DISTRICT (PD-25), AKA GRANDSCAPE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP22-0010 for the Site Plan application for “Mavericks,” an approximately 14,321 square-foot dance hall within the Lifestyle Center of Grandscape. The subject site is located at the southwest corner of the intersection of Grandscape Blvd and destination drive and within the Planned Development 25 Zoning District (PD-25), aka Grandscape, should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan and building elevations, applicable to the subject area, copies of which are attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 183 2 SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 1ST DAY OF NOVEMBER 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________________ Jeffrey L. Moore, City Attorney 184 3 Exhibit A 185 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 186 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: November 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 187