AGENDA NOTICE OF SPECIAL MEETING OF THE CITY COUNCIL OF CUMBY, TEXAS  This notice is posted pursuant to the Texas Open Meetings Act. Notice hereby given that the City Council of the City of Cumby, Texas will conduct a Special Meeting on Saturday, July 30, 2022,at Ifthe public desires to speak duringaspecific agenda item, they must email srtary@cibyoltaumbycon by 4:00 pm on the day prior to the meeting. The email must contain the person's name, address, phone number, and the agenda item(s) for which comments will be made. You may also communicate and send your comments to the City Councilmembers directly by emailing; ldermanlQcityofcumby.com, alderman2@cityofcumby.com; emaasbpoltsmiyse: umbyaltman@amailcon When complete, thei meeting agenda and agenda packet will be posted online at www.cumbylxcom.  5:00 p.m., 100 East Main Street, Cumby, Texas, City Council Chambers.  1. CALL: MEETING TO ORDER  2. PLEDGE OF ALLEGIANCE, AND INVOCATION 3. ROLL CALL & QUORUM REPORT 4. PRESENTATION BY CITIZENS  The City Council welcomes "Presentation by Citizens." Ifyou wish to speak, you must follow these guidelines. Asa courtesy to your fellow citizens and out of respect to our fellow citizens, we request that if you wish to Pursuant to TEX. GOV'T CODE 551.0415, the Mayor, a City Council member and Staff may report on the following items of community interest:(1) expression oft thanks, congratulations or condolences (2) information about holiday schedules (3) recognition of individuals (4) reminders about upcoming events organized or sponsored by the City Council (5) Information about community events and (6) announcements involving imminent threat toj public health and safety. Additionally, pursuant to TEX. GOVTCODES51.4., the Mayor 6.1. Discussion/staff report: provide update regarding revision made to Resolution R-2022-07-1014 to correct 7.1. Discussion 1 Action: Resolution R-2022-07-1017, Approval of Use of American Relief Act funds for Repairs to Well #2; Folmar Drilling Water Well and) Pump Service for the emergency well #21 repair related to the city's American Rescue Plan #TX1810; and! Repairs for Water/Sewer break at Ist and Frisco Street,  speak that you follow guidelines posted at the bottom of this Agenda.  5. CITY COUNCIL COMMENTS  or Council members may request that items be placed on future City Council agendas.  OLD BUSINESS: typo. 7. NEW BUSINESS  Cumby Texas. 8. ADJOURNMENT  Executive Sessions Authorized - The City Council: for the City of Cumby reserves right to adjourn into executive session at any time during the course ofthis meeting too discuss any matter authorized by Texas Government Code Sections 551.071 (Consultation with. Attorney); 551.072 (Deliberations relatedt tol Real Property); 551.073 (Deliberations related top prospective gifs or donations); Section 551.074 (Personnel Matter); 551.076 (Deliberations regarding the deployment of security devices or the implementation  ofsecurity policy); and 551.087 (Deliberations regarding Economic: Development: negotiations).  July 27, 2022  Page 112    Attendance by Other Elected or Appointed Officials-N NOTICE OF POTENTIAL QUORUM: Itis anticipated thatr members of City Council or other city board, commissions and/or committees may attend the meeting in numbers that may constitute a quorum oft the other city boards, commission and/or committees. Notice isl hereby given thatt the meeting, tot the extent required! by law, is also notices as a meeting of the other boards, commissions and/or committees of the City, whose members may be in attendance. The members oft the boards, commissions and/or committees may participate in discussions on the same items listed on the agenda, which occur at the meeting, but no action will be taken by such in attendance unless such item and action is specifically provided for on an agenda for that board, commission or committee. subject to the Texas Open Meetings Act.  Presentation by Citizens Guidelines:  Thel Mayor will recognize those citizens whol have: signed up prior tot the: start of the meeting. Pursuant to Resolution No. 2020-12 Citizens are given three minutes (3:00) tos speak during' Presentation by Citizens." Members oft thej public may only speak once and cannot pass thei individual's time allotment tos someone else. Direct your comments tot the entire Council, not to ani individual member. Show the Council members the: same respect and courtesy that you expect to be shown tos you. The Mayor will rule any disruptive behavior, including shouting or derogatory statements or comments, out of order. Continuation oft this type oft behavior could result in a request by the Mayor that the individual leavet the meeting, and if refused, an order of removal. In compliance with the Texas Open Meetings Act, no member of City Council may deliberate on citizen comments for items not on the agenda. (Attomey General Opinion -J JC0169)  CERTIFICATE:  Ihereby certify that the above Notice of Meeting was posted on the City Hall bulletin board on July 27,2022, at aj place convenient and readily accessible tot the general public at all times, and toi the city's website, tsynwumlyik.om, in compliance with Chapter 551, Texas Government Code.  AMmep  Betty Jo Hardman, City Secretary  July 27, 2022  Pagc212        RESOLUTION R-2022-07-1014  A RESOLUTION OF THE CITY COUNCIL OF CITY OF CUMBY, TEXAS REPEALING AND REVOKING RESOLUTION R-2022-04- WHEREAS, the City Council of the City of Cumby (the "City") passed Resolution R-2022-04- 1006 on April 12, 2022, to provide for specific modifications tot the City's adopted building code, the 2015 International Building Code (the "Building Code") upon request from the Cumby Independent School District ("CISD") for its construction ofas school facility, including a storm shelter (the Facility"); and WHEREAS, the City Council ofthe City (the "City Council") clarifies that thei intent ofResolution R-2022-04-1006 was not to approve all building plans submitted by CISD, but only to approve modifications of Building Code standards with respect to the specific requests by CISD described therein, being: construction ofa safe room able to withstand 2001 mile per hour winds, accommodation of occupancy of 140 to 250 people, and not requiring a separate HVAC system, generator, or bathroom facilities (the  1006; AND PROVIDING AN EFFECTIVE DATE.  "Original Requested Modifications"); and  WHEREAS, since the City Council's passage of R-2022-04-1006, the City has been advised by its! buildinginspector that thej plans submitted by CISD withi respect tot the Original Requested Modifications are in fact less than the equivalent in the 2015 International Building Code in quality, strer.gth,  effectiveness, fire resistance, durability, and safety; and requested additional modifications to the Building Code; and  WHEREAS, additionally since the City Council's passage of R-2022-04-1006, CISD has WHEREAS, the City Council desires to repeal and revoke Resolution R-2022-04-1006 sO that the Citymay work with CISD, its architects, engineers, and contractors, to determine appropriate standards for the construction ofthel Facility that will not be in violation ofthe Building Code, be satisfactory for building THEREFORE, BEI IT RESOLVED BYTHE CITY COUNCIL OF THE CTYOFCUMIBYTEXAS:  permit approval, and provide for safe premises for thej purposes intended.  Section 1. Section 2. that it shall be void ab initio.  That the foregoing findings are accepted as true.  The City Council hereby repeals and revokes Resolution R-2022-04-1006, such  Section 3. That this Resolution takes effect immediately upon its adoption,  PASSED and APPROVED by the City Council oft the City of Cumby the 2204 day of  Saly  2022,  ATTEST:  BAA  babo Hrlaer Betty Jo Hardman, City Secretary        QUOTE FORM  ARPA CLFRF TX1810-C Cumby  TO: City of Cumby 100 El Main Street Cumby, TX 75433  Vendor should attach specification and any relevant information to determine material quality and best valur  Item No.of Units Description  Price  No. Units 1 1  EA Remove and Replace Well Motor 20HP, 480V, 3Ph (or appropriately sized), to include wiring and appurtenances EA Remove and Replace Well Pump End 20HP, 150GPM (or appropriately: sized), to include wiring and appurtenances Eri RorEve Rpta 2ra  $6395,0 $7759.30 .4225.3 TOTAL s 19,379.8  1 1  Total quote (in wordsyEsln 2sed hays Proposed number of CALENDAR DAYS to complete construction: hon-thros The undersigned vendor understands and agrees that all work and deliverables not provided for in the above proposal items but called for in the Contract Documents is subsidiary to these proposal items and that the cost of this subsidiary work has been included in the above prices. The undersigned vendor affirms that the work will be performed in compliance with all applicable rules and regulations, including DBRA; that the prime bidder nor any subs are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs; and that the vendor does not discriminate in employment based upon race, color, religion, sex, sexual identity, gender identity, or national origin. By signing this document, I acknowledge Ihave reviewed the materials needed per this request, Ihaver reached out to the City for more information, have visited the project site, and have full and complete  understanding of the projectscope.  Addenda Received:  Vendor: By: Phone: Email:  Falyr (Company) Tedd Falagr  Drilling  PMIAAASSE  (Company Officer Name and Title) 2-S4-2527 Tnpp a Slardallingire-  aipsed 20    ESTIMATE  Folmar Drilling Water Well & Pump P.O. box 158, Pickton, TX 75471, UNITED no@lolmardrling.com; Website: ww.folmardilling.com $18,379.00 ESTIMATED AMOUNT  Service STATES  Estimate No#: 0235 Estimate Date: Jul 7, 2022  BILLTO Cityo ofC Cumby anternc@cyelumbyon # ITEMS & DESCRIPTION 20HP 480V 3Ph Motor 20HP: 150GPM Pump End #6 Submersible Wire Rig Time & Labor  QTY/HRS  PRICE AMOUNT(S) $5,145.00 $5,145.00 $6;509.00 $6,509.00 $6.50 $4,225.00 1 $2,500.00 $2,500.00  650  Subtotal  $18,379.00  TOTAL $18,379.00US  D  NOTES TO CUSTOMER Thank you for your business.    Certification Regarding Lobbying  The undersigned certifies, to the best ofhis or her knowledge and belief, that:  (a) No Federal appropriated funds have been paid or will bej paid, by or on behalf oft the undersigned, to any person fori influencing or attempting to influence an officer or employee ofa an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding ofa any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification ofany Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will bej paid to any person for influencing or attempting to influence an officer or employee ofany agency, al Member of Congress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form tol Report Lobbying,"i in accordance with its instructions. (c) The undersigned shall require that the language paragraph 1 and 2 oft this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, contracts under grants, loans, and cooperative agreements) and that all subrecipients shall subgrants, and and This certification is a material representation of fact upon which reliance was transaction was made or entered into. Submission oft this certification is aj prerequisite placed for making or entering into this transaction imposed by 31, U.S.C. $ 1352 (as amended by the Lobbying Disclosure The Contractor, Jodd Folmay, certifies or affirms the truthfulness and statement ofi its certification and disclosure, ifany. In addition, the Contractor understands accuracy and that the provisions of31 U.S.C. 8 3801 et seq-, apply to this certification and disclosure, ifany. agrees  disclose accordingly.  certify when this  Act of1995).  of each  - IddFoloay Printed Name and' Title 7-25-23 Date  Signature of Contractor's Authorized Official  folmay  Drilling  of Contractor's. Authorized Official    STATEMENT OF BIDDER'S QUALIFICATIONS  All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached  sheets. The Bidder may submit any additional information it desires. Bidder (Legal Name of Firm): Folmoy Drillns  Date: 7-25-30  Date Organized:1951 Address  P.O.Box158 pccton Tx 75471  Date Incorporated  Federal ID Number: 458643755  Number of Years in contracting business under present name_ 7lgeacs List all other names under which your business has operated in the last 10 years:  Folmay DKling Work Presently Under Contract: AcH pump SRvUice Abt WAP wRIL  Contract  Amount $  Completion Date  Type of work performed by your company: Wyatey wlDllsyaad pumpSyDees Total Staff employed by Firm (Break down by Managers and Trades on separate sheet):  peope  manasr ownor  Have you everi failed to complete any work awarded to you?0) Yes No  (If yes, please attach summary of details on a separate sheet. Include brief explanation of cause  and resolution)  Have you ever defaulted on a contract?0 Yes NO (If yes, please attach summary of details on a separate sheet.)  Has your organization had any disbarments or suspensions that have been imposed inj the past five years or that was still in effect during the five year period or is still in effect? D Yes CYNo    (Ifyes, list and explain; such list must include disbarments and suspensions of officers,  principals, partners,  members, and employees of your organization.)  List the projects most recently completed by your firm (include project of similar importance):  Project  Amount $ Mo/Yr Completed  2WAL WRI pei WRRK  Major equipment available for this contract: pullm unit  Are you in compliance with all applicable EEO requirements? CYesONo (lfno, please attach summary of details on a separate sheet.))  Bank References  Address: 201 Comnally St  Contact Name: Don  & City  Sapau Phone Number:  State: Sulphur Spling - TX Zip: 1548a  903-885-7513  Credit available: $ Mullizy  Has the firm or predecessor firm been involved in a bankruptcy or reorganization? D Yes No List on a sheet attached hereto all judgements, claims, arbitration proceedings, or suits pending or outstanding against bidder over the last five (5)years with amount of claim and brief description. List on a sheet attached hereto all lawsuits or requested arbitration with regard to construction contracts which bidder has initiated within the last five (5) years and brief explanation of claim and Attach resume(s) for the principal member(s) of your organization, including the officers as well as  (Ifyes, please attach summary of details on a separate sheet.)  outcome.  the proposed superintendent for the project.  Signed this / Signature Todd Folmar Printed Name and Title Folmar Dillins Company Name  25 day of July  200a.  Folmey  gNSs    Notary Statement: ToddFoma  being: duly swom, says that he/she is the  Poslon/Tie//Anager oftommar Dhlms  (Firm Name), and in verification of the recitals  hereby swears that the answers tot the foregoing questions and all statements therein contained are true and correct. He/she hereby authorizes and reguests any person, firm, or corporation to  furnish any information requested City of (7Abv comprising this Statement of Bidder's Qualifications.  Subscribed and swom before me this 25 day of Swy,20aa  Notary Pubpc A Signature Ellen Henderson Printed Name  ELLEN M. Public. State CE Notary 0473.2025 Comm. ID ECEIADARE Notary  My Commission Expires: 4-2305  The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.    MASTER WATER WELL- TXLIC #517WI  FOLMAR DRILLING COMPANY complete water well & pump service  1.877.467.5209 Office: 903.866.2527 FAX: 903.866.0924 PO Box 158 Pickton, TX7 75471  Est. 1951  Home  Services About Gallery Contact  Folmar Drilling Company Since 1951 Folmar Drilling Company has provided water well drilling and water pump service throughout north and northeast Texas. Through four generations we have provided service that iss second to none. Our highly experienced and knowledgeable staff are here to meet your water well needs whether residential, commercial, or agricultural.  We are glad to provide references, from our many satisfied  clients, on request.  Residential, Commercial, Community, Industrial, & Agricultural Water Well Drilling  Sediment Treatment Systems Water Well Brushing, Surging, & Jetting    Water Well Servicing Water Well Acidizing Water Testing &Treatment Liner Installation Pump Testing Troubleshooting, Sales, Installation, Repair, & Removal System Diagnostics, and Repair Water Storage Systems & Booster Pumps  Well Rehabilitation Well Plugging Solar Well Packages Well Locating Services Winterizing Emergency Services System Upgrades Fake Rock' Well Covers  Water Well Drilling. & Service  Water Pump Installation, Testing, &Repairs  Water Pumps, Water Quality, Water Well Systems  FOLMAR DRILLING COMPANY 1.877.467.5209 903.866.2527 FAX: 903.866.0924 9623 FM: 269 South Pickton, TX 75477  Texas counties served: Camp, Cass, Delta, Fannin, Franklin, Gregg, Henderson, Hopkins, Hunt, Kaufman, Lamar. Morris, Rains, Red River, Smith, Titus, Upshur, Van Zandt, Wood. Don't see your county listed? Contact us to find out if we serve your area.        - 3 3 3 S  S 3 S 5  4 5    City Secretary From: Sent: To: Subject:  Friday, July 29, 20223:09PM City Secretary Frisco 1    City Secretary From: Sent: To: Subject:  Friday, July 29, 20223:10PM City Secretary Frisco 2    City Secretary From: Sent: To: Subject:  Friday, July 29, 2022 3:10 PM City Secretary Frisco 3            NE    R  Aa    RESOLUTION 2021-11-005  A RESOLUTION OF THE CITY COUNCIL OF CUMBY, TEXAS, AUTHORIZING THE ACCEPTANCE OF AMERICAMRESCUEPLANACTARFA)-CORONAYIRUSLOCALFSCALRECOVERYFUNDS/CLPRI). ;AND AUTHORIZING THE MAYOR AND MAYOR PRO TEMTO. ACT. AS THE CITY'S EXECUTIVE OFFICER. AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S IMPLEMENTATION OF THE. AMERICAN RESCUE! PLANA ACT(ARPA)-CORONAVIRUS LOCALI FISCAL RECOVERY FUNDS (CLFRF) WHEREAS, the City Council ofCumby desires to developav viable community, including decent housing, suitable living environment, expanding economic opportunities, addressing health and safety needs, and improving critiçal  FUNDS.  infrastructure ini response to the COVID-19 Pandemic; and  WHEREAS, certain conditions exist which represent ai threat to thej public health and safety; and  WHEREAS, iti is necessary andi int the besti interests oft the City of Cumby to utilize and implement ARPA-CLFRF  funding;  NOWTHEREFORE, BEI IT RESOLVED BY THE CITY COUNCIL OF CUMBY,TEXAS:  1. That the ARPA-C CLFRF is hereby authorized to be accepted on behalf oft the City from the United States 2., That the City's allocation be split intot two (2) tranches in the amount of $197,733.00 with Tranche No.1 3. That the City Council directs and designates the following to act in all matters in connection with this  Treasury Department.  $98,866.60 and Tranche No. 21 being $98,866.50. and the City'sparticipation: in the ARPA-CLFRE:  being application  The Mayor and Mayor Pro Tem shall serve as the City's Chief Executive Officer and Authorized Representative to execute funding request, authorizations, and anys subsequent contractual documents; and Thel Mayor and Mayor Pro Tem are authorized to execute environmental review documents and to environmental clearance matters associated with the ARPA- CLFRF funds; and Thel Mayor, Mayor Pro Tem, City Secretary, and the Municipal Clerk are authorized to execute documents and/or other forms required to reimburse project costs.  certify to payment  4. That all funds will be used in accordance with all applicable federal, state, local and programmatic requirements  as directed by the United States Treasury Department. Passed and approved this 16th day ofNovember 2021.  Mayor  hh  bilty Oodrpnes  Betty. Jol Hardmap, Intérim City Secretary    RESOLUTION: 2022-07-1017  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS, AUTHORIZING THE USE OF AMERICAN RESCUE PLAN FUNDS FOR REPAIRS TO CITY WATER AND WASTEWATER INFRASTRUCTURE; AUTHORIZING THE MAYOR AND MAYOR PRO TEM TO EXECUTE DOCUMENTS FOR THE SAME; AND PROVIDING ANI EFFECTIVEDATE. WHEREAS, the City Council of the City of Cumby (the "City Council") accepted American Rescue Plan Act ("ARPA") funds and authorized the Mayor and Mayor Pro Tem to act as the City's Authorized Representatives in all matters pertaining to the City'si implementation of ARPA by Resolution WHEREAS, the City Council desires to apply a portion of the City's received ARPA funds to repair and maintain the City's water and wastewater infrastructure to ensure all remain in good working  2021-11-005 on November 16, 2021;  order;  WHEREAS, certain conditions of the City's water and wastewater infrastructure could escalate WHEREAS, it is1 necessary and in the best interest oft the City to utilize existing ARPA funds for NOW,THEREFORE, BEI IT: RESOLVED BY THE CITY COUNCIL OF CITY OF CUMBY needed to repair emergency Well #2, and ISt Street and Frisco Street wastewater lines in an  and represent a threat to the public health and safety; and  the purposes authorized herein.  TEXAS:  Section 1:  The City Council hereby authorizes the use of ARPA funds forj purchases  amount not to exceed $35,000 (the "Repairs").  Section 2:  The Mayor and Mayor Pro Tem, as "Authorized Representatives", are The City Council has determined, with the advisement ofi its ARPA funds  authorized to execute documents needed for the Repairs, including a contract with Folmar administrator, Public Management, that all funds described herein will be used in accordance with all applicable federal, state, local and programmatic requirements including but not limited to procurement, environmental review, labor standards, real  Drilling Water Well and Pump Service.  Section 3:  property acquisition and civil rights requirements.  Section 4:  This Resolution takes effect immediately upon its adoption.  PASSED AND APPROVED THIS THE 30th DAY OF. JULY2022.  Douglas Simmerman, Mayor  Attest:  Betty. Jo Hardman, City Secretary