CITY OF RAGER NOTICE OF A REGULAR MEETING Notice is hereby given that a Regular Meeting oft the Governing Body of the City of Ranger, Texas, will be held on Monday, December 09, 2024 at 5:30 p.m. in City Hall, 400 West Main Street Ranger, Texas. The following subjects will be discussed, to wit: Agenda Item 01: Call to Order-Mayor Roll Call/Quorum Check Invocation of Prayer Pledge of Allegiance to the United States Flag Pledge of Allegiance to the Texas Flag Agenda Item 02: Citizen's Presentation-At this time, anyone on the list will be allowed to speak on any matter other than personnel matters or matters under litigation, for a length oftime not to exceed THREE minutes. No Commission/Board discussion or action may take place on a matter until such matter has been placed on an agenda and posted in accordance with law. Agenda Item 03: Discuss/Consider: Consent Items; the Approval of Monthly Department Reports: Library Report- Librarian Dianal McCullough Finance Report- Brittany Proffit REDC4 4A Report- MJ Dawson REDC 4B Report- MJI Dawson Municipal Court] Report- Judge Tammy Archer Fire/EMS Report- Chief Darrel Fox Poliçe Department- Chief Moran Public Works Report-Daniel Plascencia City Administrator Report- Vancel Lipsey Agenda Item 04: Announcements from City Commission or Staff-Comments may be made by council or staff, BUTNOA ACTIONTAKEN on the following topics without specific notice. Those items include: Expressions ofThanks, Congratulations or Condolence; Information on Holiday schedules; Recognition of public officials, employees or citizens other than employees or officials whose status may be affected by the council through action; Reminders of community events or announcements involving an imminent threat to the public health and Agenda Item 05: Discuss/Consider: approval of the city council meeting minutes for the regular meeting on November 25, 2024- -Andrea Rheinlander, City Secretary Agenda Item 06: Discuss/Consider: Cancelation of December 231d, 2024 Agenda Item 07: Discuss/Consider: Giving New Years Eve offt to City Workers- Vance Agenda Item 08: Discuss/Consider: 2025 Holiday Schedule- Vance Lipsey, City Administrator safety of the people of the municipality. Commissioners Meeting- Commissioner Sigler Lipsey, City Administrator CITY OF RANGER COUNCIL MEETING AGENDA, DECEMBER 09,2024 CONTINUED Agenda Item 09: Discuss/Consider: Water loss; usage; meters; billing -Commissioner Calvert Agenda Item 10: Discuss/Consider: Hiring an employee to focus solely on water loss and Agenda Item 11: Discuss/Consider: Hiring Samco to use Sonar technology to find water leaks Agenda Item 12: Discuss/Consider: Replacing 700: ft of12-inch deteriorated leaking pipe on Agenda Item 13: Discuss/Consider: Resolution 2024-12-09 RI Interlocal agreement with the City ofCisco for the Wildfire Mitigation Grant- Vance Lipsey, City Administrator Agenda Item 14: Discuss/Consider: Hiring ofLangford Community Management Services for Agenda Item 15: Discuss/Consider: Resolution 2024-12-09 S Appointing the City Administrator as the CEO and Authorized Representative in HMA Grants. Vance Lipsey, City Agenda Item 16: Discuss/Consider: Ordinance 2024-11-25 F Amending the Fee Agenda Item 17: Discuss/Consider: Ordinance 2024-12-09 G Vacant Building Agenda Item 18: Discuss/Consider: Ordinance 2024-12-09 H Planning and Zoning Agenda Item 19: Discuss/Consider: The purchase ofr new Software for Finance (Frey Municipal Software), HR and Payroll (ADP or Frey Municipal Software), Public Works (Frey Municipal Software), Admin (CivicPlus), Website (CivicPlus) and Utility Billing (Frey Agenda Item 20: Discuss/Consider: Hiring of new IT Services (GeekSupport) and removing Agenda Item 21: Discuss/Consider: To ask the 91st District Court, per the Court's right to do soi in the Uniform Election Code, to assign a date to hold a recall election- Commissioner Calvert prevention thereof-Commissioner Archer within the City -City. Administrator Vance Lipsey Loop 254 with new 12 inch pipe- Vance Lipsey, City Administrator Grant Services. Vance Lipsey, City Administrator Administrator Schedule Vance Lipsey, City Administrator Ordinance- Vance Lipsey, City Administrator Commission- Vance Lipsey, City Administrator Municipal Software)- Vance Lipsey, City Administrator Kennedy Solutions- Vance Lipsey, City Administrator Page 2of3 CITY OF RANGER COUNCIL! MEETING AGENDA, DECEMBER 09,2024 CONTINUED Agenda Item 22: Discuss/Consider: Confirmation, ratification and approval of engaging Messer Fort to represent the City and Commissioners sued int their official capacity in Cause No. 24-067-DCCV-47245, Ini re. James Archer, In the 91st Judicial District Court, Eastland County, Agenda Item 23: Discuss/Consider: The 31 questions asked by the City of] Ranger and the 31 answers provided by Ranger Airfield Maintenance Foundation in August 2022, and possible posting on the City of Ranger website, and posting on city website the September 2022 letter from the city to "effectuate the terms" ofthel lease and amendment- Commissioner Calvert Agenda Item 24: Discuss/Consider: Convene into executive session pursuant to: Texas -Commissioner Calvert Section 551.071, Texas Government Code, and Section 1.05, Texas Disciplinary Rules of Professional conduct to consult with legal counsel regarding personnel 551.087, Texas Government Code, to deliberate an offer of financial or other incentive for a business prospect that the governmental body seeks to have locate, matters stay, or expand in or near the territory ofthe City Agenda Item 25: Discuss/Consider: Reconvene into open session to take action as determined appropriate regarding: Section 551.071, Texas Government Code, and Section 1.05, Texas Disciplinary Rules of Professional conduct to consult with legal counsel regarding personnel 551.087, Texas Government Code, to deliberate an offer of financial or other incentive for a business prospect that the governmental body seeks to have locate, matters stay, or expand in or near the territory of the City Agenda Item 26: Discuss/Consider: Adjournment I,t the undersigned authority, do hereby certify that the above notice of meeting of the Governing Body oft the City of Ranger isa true and correct copy of said notice on the bulletin board at the City Hall of the City of Ranger, a place convenient and readily available to the general public at all times, and notice was posted by 5:30 p.m., December 5, 2024 and remained posted for 72 hours preceding the scheduled time oft the meeting. AndraRhenlander Andrea Rheinlander, City Secretary NOTICE OF ASSISTANCE The City council reserves the right to convene into Executive Session concerning any of the items listed on this agenda under the authorityoft ther mayor, whenever itiso considered necessary and legallyjustified under the Open Meetings Act. Ranger City! Halla and Council Chambers arev wheelchair accessible anda accessible parkings spaces are available. Request fora accommodation: ori interpretive services must ber made 481 hours prior tot this meeting. Please contact CitySecretary's office at (254)6 647-35221 fori information ora assistance. This Notice was removedi fromi thec outside bulletin board on. by Page3of3 0 o mo N ooN oN LE 0 9N owlola ooN lololololo o doooEo COFE olo o8 ooolo No ROEN owoo aaN o Co ON Oolo) ooolo wolololo) 3 SoooN MEN owoo aacN colololo e o NCNNC) Nco Iowcjc 4 B NN ON- ooNo oo 5 LIBRARY REPORT November 2024 Beginning of Petty Cash CREDIT Fines Copies TOTALCREDITS DEBIT $71.56 9.25 1.00 10.80 + 21.05 Book Sales (from "Quarter Shelves") Dollar General - Supplies Tindall's Hardware - Fire Ant Killer TOTALI DEBITS TOTAL PETTY CASH $ 16.45 7.99 -24.44 68.17 Tliankyowforyours support! Nuana Medblouph Diana McCullough DOLLAR GENERAL STORE #4227 1410 W LOOP 254, RANGER, TX 76470 (682) 282-3928 718 PINE STREET RANGER TX 76470 TAX EXEMPT SALE Tindall's Hardware 709 WL Loop Ranger, TX76470 Organization Name: CITY OF RANGER LIBRARY 254 Address: CityiState: Zip: 41016-1-1-1093217 11/15202411:26AM COMET POWDER 210Z 810003440235 MURPHY OIL SOAP 3 70481011024 TLE ESSENTIAL. TOWE 613796205513 ANGEL SOFT 8MR 30400794988 Balance to pay Visa VISA CREDIT Type: Chip Read AID: A0000000031010 PAN Sey: TVR: 0000008000 IAD: 06021203A0A002 MID: *******27013 TOTAL. PURCHASE $1.15 $4.35 $5.00 $5.95 $0.00 $16.45 $16.45 SoldBy tt Qty UOM Item Bengal Fire Ant Killer 120z 2835890 EA Unit Extended 7.990 L Total Discount Sub Total Sales Tax Total Due Tax: $0.0008 8.25% 7.99 7.99 0.00 7.99 0.0C 7.99 8.00 7.99 0.01 **********3019 Auth Code: 07963A TSI: ECOO TID: ****6000 $16.45 Tender Cash Change Due City of Ranger 400W. Main Ranger. TX7 76470 Save Time. Save Money. Every Day! At Dollar General STORE TILL TRANS. DATE 4227 2 Your cashier was: KORI 21412 11-09-24 2:29P PM 99902042270020214121 12/4/24, 12:19PM Homel IFFBA Abilene FFB. Abilene FFB Abilene TWDB Construction 32530 Available Balance Current Balance $0.00 $0.00 FFB. Abilene FFB. Abilene TWBD Construction #L1000626 32548 Available Balance Current Balance $0.00 $0.00 FFB. Abilene FFB. Abilene TWDB Construction #L10006466 32555 Available Balance Current Balance $0.00 $0.00 FFB Abilene FFB Abilene Police LEOSE. Account 33215 Available Balance Current Balance $3,743.62 $3,743.62 FFB. Abilene FFB Abilene OPIOID Abatement Trust Fund 42083 Available Balance Current Balance $4,569.65 $4,569.65 ASSET SUMMARY FFB Abilene Utility Fund xXx36507 Available Balance Current Balance 30% $2,561,326 15% Total Assets 29.99% $768,199.55 $768,559.91 pascre.ncmtinonnanelusapalsnanpae 4/4 12/4/24, 12:19PM Home IFFB/ Abilene FFB Abilene FFB. Abilene Animal Control 15121 Available Balance Current Balance $10,533.49 $10,533.49 FFB. Abilene FFB Abilene Pool & Parkland 16608 Available Balance Current Balance $421.92 $421.92 FFB Abilene FFB Abilene Municipal Court Security 19919 Available Balance Current Balance $2,709.80 $2,709.80 FFB Abilene FFB Abilene Ranger Library Fund 21105 Available Balance Current Balance $15,911.48 $15,911.48 FFB Abilene FFB Abilene Police Lease Account 22432 Available Balance Current Balance $141,409.41 $141,409.41 FFB Abilene FFB Abilene TWDB Debt Service 22937 Available Balance Current Balance $42,092.75 $42,092.75 FFB Abilene FFB Abilene FEMA 26938 Available Balance Current Balance $30,671.96 $30,671.96 FFB Abilene FFB Abilene TWBD Escrow #L1000677 32472 Available Balance Current Balance $0.00 $0.00 asgurefincomtinonneluraspalandnPaye 3/4 12/4/24, 12:19P PM Home IFFB Abilene FFB. Abilene FFB Abilene REDC 4A 20701 Available Balance Current Balance $187,542.94 $187,542.94 FFB. Abilene Money Market Public Funds 43651 Available Balance Current Balance $354,250.43 $354,250.43 FFB Abilene FFB Abilene REDC4B22341 Available Balance Current Balance $97,966.67 $97,966.67 FFB Abilene FFB Abilene Block Grant 00594 Available Balance Current Balance $1.00 $1.00 FFB Abilene FFB. Abilene Police Special 01386 Available Balance Current Balance $1,156.06 $1,156.06 FFB Abilene FFB Abilene Loan Forgiveness 06695 Available Balance Current Balance $1.00 $1.00 FFB Abilene FFB Abilene TWBD Escrow Certificates 06703 Available Balance Current Balance $188,745.91 $188,745.91 FFB Abilene FFB Abilene Municipal Court Tech 14579 Available Balance Current Balance $3,523.73 $3,523.73 paoe.fincomtinoninaurapalananpaw 2/4 12/4/24, 12:19F PM Home FFB Abilene FIRST FINANCIAL BANK Good Afternoon, McGee Cindy MEMBERFDIC CCOUNTS ailable: $2,561,325.93 0 irrent: $2,561,686.29 0 Available Balance Current Balance FFB Abilene FFB Abilene General Fund 02253 $378,056.14 $378,056.14 FFB Abilene FFB Abilene Utility Fund 36507 Available Balance Current Balance $768,199.55 $768,559.91 FFB Abilene FFB Abilene Municipal Court Payments 13811 Available Balance Current Balance $7,365.20 $7,365.20 FFB Abilene FFB Abilene Hotel/Motel Tax 14183 Available Balance Current Balance $45,915.09 $45,915.09 FFB. Abilene FFB Abilene Street Repairs Tax 35855 Available Balance Current Balance $171,729.64 $171,729.64 FFB Abilene FFB Abilene City Bond Construction 20511 Available Balance Current Balance $104,808.49 $104,808.49 sloue-ncm-finonineluxapdlimainPepe 1/4 12:16PM 12/04/24 Accrual Basis City of Ranger November 2024 Expenses by Vendor Summary Nov 24 100.00 145.00 50.00 250.52 734.91 484.49 1,135.03 345.00 100.00 100.00 646.25 100.00 100.00 200.00 1,000.00 1,000.00 60.00 7.50 84,990.33 92.50 100.00 7,276.25 140.00 652.73 40.99 1,630.00 100.00 3,470.34 100.00 145.00 215.00 4,051.00 386.00 183.00 225.00 238.20 145.35 175.00 300.00 20,000.00 14,990.24 1,181.25 7,067.10 100.00 225.00 201.78 795.00 205.00 647.00 1,350.00 721.72 4,225.00 820.00 2,952.25 4,865.00 2,460.00 238.83 327.08 100.00 6,499.98 8,000.00 6,194.80 4,001.56 22.00 100.00 1,310.35 Andrea Rheinlander Andrew S. Ruelas Angela Davis APSCO SUPPLYI INC. AT&TI Mobility Atmos Energy Auto Zone BenMark Supply Company Inc. Brett Logan. Brittany Proffitt Bryans Auto Supply Carter MI Hernandez Cindy Y McGee Daniel Plascencia. Darrell L. Fox Dianal L. McCullough Eastland County Newspapers Eastland County Tax Assessor Collector Eastland County Water Supply District Eastland Memorial Hospital Eden Alexander Flint Stone Services, LLC Freddy Mitchell GoTo Communications /Jive Higginbothams Bartlett Hydro Plus, LLC Jacob Ervin. James Logan Jason Clyde Joe Garza Joel H. Moran Kennedy Computer Solutions Inc. King Insurance. Agency Marguerite. Anna' Williams Matt Richardson McCall, Parkhurst & Horton LLP O'Reilly Auto Parts Pest Patrol Petunia Jane's Ranger City Bond Construction Fund Ranger Economic Development Corp Ranger Septic Service Ranger Street Maintenance Fund Richard Escamilla Richard Williams River Gibson Robert J. Martinez Ronnie Linebarger Southern Petroleum Laboratories, Inc. Stacy. Jameson, CPA Standard Insurance Company Steven Anderson Tammy Archer Texas Commission on Envrionmental Quality Texas State University The Knight Law Firm, LLP Tindall's Hardware TML Intergovernmental Risk Pool Trace R. Douglas Tractor Supply Co. TWDB Debt Service Fund TXU Energy US Bank' Voyager Fleet Systems V&J Service Center Vance Lipsey W.E. Greenwood. Auto Parts Page1 12:16PM 12/04/24 Accrual Basis City of Ranger November 2024 Expenses by Vendor Summary Nov 24 64.00 200,880.33 White's Ace Hardware TOTAL Page 2 12:25PM 12/04/24 Accrual Basis City of Ranger Profit & Loss November 2024 Nov 24 Ordinary Income/Expense Income CEMETERY 100409 Cemetery Lots Sale Total CEMETERY EMS Income 100412. EMS County Subsidy Total EMS Income SALES TAXI REVENUE 100422 Sales Tax SALES TAX REVENUE. C Other Total SALES TAX REVENUE UTILITY REVENUE 200470 Sewer Revenue 1-46005. Bulk Sewer Sales 200470. Sewer Revenue Other Total 200470 Sewer Revenue 200471 Water Revenue 1-46011 Contract Water Sales 200471 Water Revenue Other Total 200471 Water Revenue 200474 Service Charges 200475 Turn onloff Charges 200477 Sanitation Revenue 200480. Penalties 200485 Unapplied Payments Total UTILITY REVENUE 1-42300- Court Collections General 100402 Municipal Court Fines 100405. Permits &1 Licenses Fees 100414. Federal Fuel Tax Refund 100418. Cell Tower Lease 100420 Franchise Fees 100424 AD-VALOREM TAX 100425. Interest 100605 Misc Revenue 200425 Interest-U 200478. Sanitation Tax- Income 200479 Collection Station Fees Total Income Gross Profit 30.00 30.00 19,604.67 19,604.67 56,536.81 57,820.67 114,357.48 1,300.00 38,249.61 39,549.61 67,084.66 30,592.58 97,677.24 3,349.70 666.16 38,544.82 2,223.38 -54,799.52 127,211.39 1,935.50 16,938.18 5.00 280.54 1,250.00 190.23 170,292.96 798.77 2,361.77 1,821.09 2,417.94 535.00 460,030.52 460,030.52 Page 1 12:25PM 12/04/24 Accrual Basis City of Ranger Profit & Loss November 2024 Nov 24 Expense 1-50010 Payroll Expenses 110499 Longevity Pay- A 110531 Life Insurance- A 110545 Fuel-A 110551 Maint. of Building- A 110553 Maint. of Auto's-A 110561 Office Equip.-A 110562 Bank Account Fees- A 110565. Professional Services- A 110571 Economic Development 110572 Street Fund 110573. Utility Sales Tax Trx 110574 Liability Ins. Bonds- A 110575. Legal-A 110581 School Tuition- A 110584 . Communications-A 110585. Electricity- A 110586 Gas-A 110587 Miscellaneous- A 120499 Longevity Pay- P 120512 Contract Labor- P 120531 Life Insurance-P 120545 Fuel- P 120551 Maint. of Building- P 120553 Maint. of Auto's-P 120584. Communications- P 120585. Electricity- P 120586 Gas- P 121311 * Supplies- ACO 121499 Longevity Pay- ACO 121531 Life Insurance-. ACO 121545. Fuel- ACO 121553 Maint. of Auto's- ACO 121585 Electricity- ACO 125499 Longevity Pay- Ct 125531 Life Insurance- Ct. 125565 Professional Services- Ct 125574 L Liability Ins. Bonds- Ct 125585 Electricity- Ct 130300 Uniforms- F/E 130499 Longevity Pay- F/E 130531 Life Insurance- F/E 130543 Operating Supplies- FIE 130545 Fuel- F/E 130584 Communications- F/E 130585 Electricity- F/E 130586 Gas- F/E 140330 Machine & Equipment- St 140331 Maint. of Equipment- St 140332 Maint. of Streets 140512 * Contract Labor- St 140531 Life Insurance- St. 140553 Maint. of Auto's-St 140585 Electricity- St 150499 Longevity Pay- -L 150531 Life Insurance- L 150585 Electricity- L 150586 Gas-L 155331 Maint. of Machinery- Cem 155499 Longevity Pay- Cem 155512 * Contract Labor- Cem 155531 * Life Insurance- Cem 155545 Fuel- Cem 260331 * Repair/Maint. Equipment- S 260499 Longevity Pay-s 153,890.84 300.00 6.19 88.01 87.50 70.34 652.73 180.00 1,350.00 14,990.24 7,067.10 28,000.00 386.00 2,520.00 4,865.00 263.63 366.99 77.23 50.00 525.00 4,225.00 165.20 1,239.59 87.50 84.61 213.57 242.24 77.24 36.78 100.00 0.00 117.76 304.46 125.35 820.00 41.30 238.20 327.08 71.25 300.00 1,525.00 165.20 92.50 1,372.01 150.92 377.33 173.85 6,499.98 101.96 40.99 1,823.34 41.30 97.49 2,414.95 1,000.00 41.30 178.27 156.17 201.77 795.00 183.00 34.07 339.37 871.71 625.00 Page 2 12:25PM 12/04/24 Accrual Basis City of Ranger Profit & Loss November 2024 Nov 24 260531 Life Insurance- S 260545- Fuel-S 260585. Electricity- S 270171 Maintenance of Shop Equip.- W 270172- ECWSD 270187. Maintenance of Water System 270304. Permits W 270307- Inspections/Certs. -W 270310. Chemical Supplies- W 270331 Maintenance of Machinery- W 270499 Longevity Pay- -W 270531 Life Insurance-w 270543 Operating Supplies- W 270545 Fuel- W 270551 Maintenance of Buildings- W 270553 Maintenance of Auto's-W 270584 Communication- W 270585 Electricty- W 272174 Wastewater Services- WW 272176 Maint. Wastewater System- wW 272531 Life Insurance- WW 272584 Communication- WW 272585. Electricity- wW 280499 Longevity Pay- UB 280531 Life Insurance- UB 280565. Proffessional Services- UB Total Expense Net Ordinary Income Other Income/Expense Other Income 1-40011 Animal Control Fines & Fees Total Other Income Other Expense 1-52001 Court Tech Fund- Expense Total Other Expense Net Other Income Net Income 20.66 383.58 24.95 1,539.33 84,990.33 7,871.77 2,952.25 647.00 1,630.00 172.26 490.00 165.20 100.00 741.78 18.98 1,661.34 0.00 834.34 1,181.25 92.06 20.65 75.44 1,555.87 100.00 20.65 4,051.00 355,197.10 104,833.42 70.00 70.00 31.35 31.35 38.65 104,872.07 Page 3 REDC-A Board Mary Dawson - President Justin Korner Vice President Doyle Russell - Treasurer Kathy Glidewell - Secretary Charlie Archer Commissioner Angela Deacon Sheila Bond REDC-B Board Mary Dawson - President Justin Korner- - Vice President Doyle Russell Treasurer Kathy Glidewell Secretary Charlie Archer Commissioner Sheila Bond (Vacant) To: Ranger City Counçil Date: December 4, 2024 Subject: REDC AI Board Report From: Maryl Dawson, Economic Development President lamwritingt to provide an update on the recent activities of the Ranger Economic Development Corporation (REDC A) and upcoming plans for the next steps in our continued efforts to foster economic growth in our community. On December 3, 2024, the REDC Al Board formally submitted al business proposal for consideration. We are currently awaitingt feedback and further instructions on the next steps from the relevant stakeholders. This proposal is a signifiçant stepi forward in our mission to attract new business and support the development of the Ranger economy. In parallel, the REDC Al Board has formed a committee oft three board members to amend the current application and the bylaws of the corporation. This committee has been tasked with reviewing and proposing necessary changes to ensuret the bylaws are aligned with the current needs and best practices for economic development. The committee will present the proposed amendments to the REDC Al Board on December 11, 2024. Following their review, the amended application and bylaws will bel brought before the City Council at the next regular council meeting fori final approval. These actions represent important steps toward enhancing the effectiveness of our economic development efforts and ensuring that thel REDC Ar remains well-positioned to meet the challenges and opportunities that lie ahead. We appreciate the City Council's continued support as we work towards these objectives, and we looki forwardi to presenting further updates as they! become available. Sinçerely, Mary Dawson Ranger, TX Economic Development President 005 Vo - es S251 43 96959.M CnRE M34EWAO07 5676 383, -T AVETWSTT ter 3107Ph, 552 novien A 385. 3 07 M5 SL TOR73 si ETR S - S51 x 07 WMRNTS ahs dehs a851 Vos To: Ranger City Council Date: December 4, 2024 Subject: REDC BI Board Report From: Mary! Dawson, Economic Development President lamwritingt to provide an update oni the activities of the Ranger Economic Development Corporation (REDC B) Board, specifically regarding the growing need for additional housing within our municipality. The board has recognized thei importance of addressing housing demand to support both the current population andi future growth. Thel REDC BI Board is currently exploring several potential housing development options, including but not limited toi the construction of a new hotel, apartments, and tiny home communities. These developments are being considered as a response toi increasing interest from both new residents and businesses, and will help ensure that Ranger can provide adequate accommodations fora growing workforce and community. Ina addition, the REDC BI Board has formed a committee of three board members to review and amend the current application process and bylaws to facilitate these housing initiatives. The committee will work to ensure that the procedures are streamlined and aligned with thel best practices in economic development, as well as the needs of our community. The proposed amendments will be presented to the REDC B Board on Deçember 11,2024, for their review and approval. Following that, the amended application and bylaws will be brought to the City Council fort final approval at the next regular council meeting. These efforts are part of our ongoing commitment to ensuring that Ranger remains an attractive and sustainable community for residents, businesses, and visitors. Wel look forward to discussing these proposals further and appreciate the City Council's support as we move forward with these important initiatives. Sinçerely, Mary Dawson Ranger, TX Economic Development President - 2035 Ranger Municipal Court Report Month ofNovember 2024 Citations by: Officers Code Enforcement Animal Control Total Citations Monies Collected: Kept by City Remitted to State Total Collected Jail Credit Cases Indigency Cases Cost Waved - Indigency Cleard Arrest Warrants 19 0 0 19 $1,132.40 $641.40 $1,773.80 0 0 $0.00 25 25 1 37 Community Service/Pay Plans from Warrants Drivers Saftey Course Dismissals Cases Disposed *MVBA Collections attorneys send out monthly letter and post cards, make monthly phone calls, *Additionally, anyone in collections that has a Texas drivers license is placed in the OMNI system, *Also, anyone entered into collections and OMNI also has an Arrest Warrant issued for them. and send out monthly texas reminders. which prevents them from renewing their license. 12/02/2024 9:28 AM COFCRPT Page: 2 Detail Fine Citation Date: 11/01/2024 - Ofc# Citation No. Cite. Date Time PD RANGER POLICE DEPARTMENT 205 ANDERSON,STEVE 205 16868 -01 11/06/2024 3:00 AM Totals for Officer Number of Citations for Officer.....: Number of Violations for Officer....: Number of Citations to Juveniles....: Number of Citations to Minors.......: 447605 16874 -01 11/15/2024 5:02 AM 447605 16875 -01 11/15/2024 6:32 PM 447605 16877 -01 11/16/2024 1:10 AM 447605 16881 -01 11/24/2024 12:17 AM Totals for Officer Number of Citations for Officer.....: Number of Violations for Officer....: Number of Citations to Juveniles....: Number of Citations to Minors... : 526071 17202 -01 11/13/2024 4:34 PM 526071 17203 -02 11/13/2024 5:07 PM 526071 17203 -01 11/13/2024 5:07 PM 526071 17204 -01 11/14/2024 11:54 AM 526071 17204 -02 11/14/2024 11:54 AM Minor Violation.... PUBLIC INTOXICATION 1 0 447605 RUELAS,ANDREW Adult Adult Adult Adult 0700023989 Violation.... EXPIRED REGISTRATION 0700023988 Violation.... EXPIRED REGISTRATION 0700023987 Violation.... SPEEDING 91 MPH in a 75_MPH 0700023995 Violation.... FAIL TO MAINTAIN FINANCIAL RESPONSIBILITY 4 4 0 0 526071 GIBSON,RIVER Adult Adult Adult Adult Adult 0700023981 Violation....: FAIL TO MAINTAIN FINANCIAL RESPONSIBILITY 0700023983 Violation....: POSSESSION OF DRUG PARAPHERNALIA 0700023982 Violation.... DRIVING WHILE LICENSE SUSPENDED UNDER PROVIS 0700023984 Violation....: FAIL TO MAINTAIN FINANCIAL RESPONSIBILITY 0700023986 Violation....: DRIVING WHILE LICENSE SUSPENDED UNDER PROVIS 12/02/2024 9:28 AM COFCRPT Page: 3 Detail Fine Adult Adult Adult Adult Adult Citation Date: 11/01/2024 - 11/30/2024 Ofc# Citation No. Cite. Date Time 526071 17205 -01 11/14/2024 12:20 PM 526071 17214 -01 11/20/2024 1:12 PM 526071 17217 -02 11/20/2024 4:54 PM 526071 17217 -01 11/20/2024 4:54 PM 526071 17219 -01 11/21/2024 1:21 PM Totals for Officer Number of Citations for Officer.....: Number of Violations for Officer....: Number of Citations to Juveniles....: Number of Citations to Minors.... 546133 DOUGLAS,TRACE 546133 16080 -01 11/02/2024 10:00 AM 0700023979 Violation.... THEFT 546133 16081 -01 11/04/2024 11:19 AM 546133 16081 -02 11/04/2024 11:19 AM 546133 16082 -01 11/19/2024 5:39 PM Totals for Officer Number of Citations for Officer.. Number of Violations for Officer....: Number of Citations to Juveniles....: Number of Citations to Minors....... Totals for Agency Number of Citations for Agency.......: Number of Violations for Agency.....: Number of Citations to Juveniles....: 0700023985 Violation.... POSSESSION OF DRUG PARAPHERNALIA 0700023991 Violation.... NO DRIVER'S LICENSE 0700023994 Violation....: NO DRIVER'S LICENSE 0700023993 Violation....: EXPIRED REGISTRATION 0700023992 Violation....: NO DRIVER'S LICENSE 7 10 0 0 Adult Adult Adult Adult 0700023977 Violation....: CHANGED LANE WHEN UNSAFE 0700023978 Violation.... FAIL TO MAINTAIN FINANCIAL RESPONSIBILITY 0700023990 Violation.... DROVE VEHICLE IN UNSAFE CONDITION 3 4 0 0 15 19 0 12/02/2024 9:28 AM COFCRPT Page: 4 Detail Fine Citation Date: 11/01/2024 - 11/30/2024 Ofc# Citation No. Cite. Date Time Number of Citations to Minors.......: Grand Totals Total Number of Citations. Total Number of Violations.. Total Number of Citations Juveniles.: Total Number of Citations Minors....: 1 15 19 0 1 Ranger Fire Department Ranger, TX 76470254-647-1505 500ELoop 254 SREDET Responses for 2024 0101-2024-11-302024 EMS 871 Fire 353TOTAL=1 1,224 121 Total calls for November 2024 Average Calls per Month: 111.27 Responses thru November of 2023 EMS 673 Fire 3171 Total: 990 Average Calls per Month: 90.0 N7B0GomS 577 053 03 0IA M3agmoneis 79583-T1 : I - - Elited corebx 2024 2024 2024 2024 2024 Crew Members EMS Incident Participation Incident Year Incident Month Name Number of Runs Percent of Total Runs Incident Crew Member Full Name: (None) November November November November November 5 Total: 5 29 Total: 29 24 Total: 24 29 Total: 29 24 Total: 24 Total: 111 4.50% Total: 4.50% 26.13% Total: 26.13% 21.62% Total: 21.62% 26.13% Total: 26.13% 21.62% Total: 21.62% Total: 100.00% Incident Crew Member Full Name: Carter Hernandez (776920) Incident Crew Member Full Name: Eden Alexander789211) Incident Crew Member Full Name:. Jacob Ervin (787238) Incident Crew Member Fulll Name: Matt Richardson (166111) Report Filters IncidentDate: isbetween" '11/1/2024' and" '11/30/2024 Response Ems Vehicle UnitN Number (Eresponse.13: isin' 'Medic2 1ofi Printed On: 12/01/2024 12:39:51 PM December 1201202-Ellec coretx Basic Incident Type Code And Description (FD1.21) Incident Type Category (FD1.21):1-Fire 100- Fire, other 111- -Building fire 112- Firesi ins structure other thani ina building 118- Trash orr rubbish fire, contained 122- Firei in motor home, camper, recreational vehicle 131- - Passenger vehicle fire 132- Road freight or transport vehicle fire 133-1 Rail vehicle fire 137- Camper orr recreational vehicle (RV) fire 138- Off-road vehicle or heavy equipment fire 140- Natural vegetation fire, other 142-E Brush or brush-and-grass mixture fire 143- -Grass fire 151 Outside rubbish, trash or waste fire 300- Rescue, EMS incident, other 311- Medical assist, assist EMS crew 320- Emergency medical service, other 321- EMS call, excluding vehicle açcident with injury 322- Motor vehicle accident withi injuries 324- Motor vehicle accident with no injuries. 351- Extrication ofv victim(s) from building/structure 352- Extrication ofv victim(s) from vehicle 410- Combustibiellammable gasliquid condition, other 411- Gasoline or other flammable liquid spill 412- Gas leak (natural gas orl LPG) 440-E Electrical wiringlequipment problem, other 444- Power line down 445-Arcing, shorted electrical equipment 480-A Attempted buring. illegal action, other Total Total Incidents Percent of Total Property Total Content Total Total Loss Percent Incidents 8 9 1 3 1 5 5 1 1 1 1 6 13 2 Total: 57 2. 44 5 3 21 139 2 2 Total: 218 Incidents Loss 0.00 Loss Loss 0.00 ofTotal 2.26% 2.54% 0.28% 0.85% 0.28% 1.41% 1.41% 0.28% 0.28% 0.28% 0.28% 1.69% 3.67% 0.56% 0.56% 12.43% 1.41% 0.85% 5.93% 39.27% 0.56% 0.56% 0.28% 0.28% 1.13% 0.56% 3.11% 0.56% 0.28% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total: 16.10% Total: 0.00 Total: 0.00 Total: Total: 0.00% Incident Type Category (FD1.21):3-1 Rescue & Emergency Medical Service Incident Total: 61.58% Total: 0.00 Total: 0.00 Total: Total: 0.00% 0.00 Incident Type Category (FD1.21): 4- Hazardous Condition (No Fire) 1 4 2 11 2 1 Total: 22 18 2 1 2 1 Total: 24 Total: 6.21% Total: 0.00 Total: 0.00 Total: Total: 0.00% 0.00 Incident Type Category (FD1.21): 5- Service Call 511-Lock-out 531- Smoke or odor removal 550- Public service assistance, other 551 Assist police or other govemmental agency 561 Unauthorized buming 1of2 5.08% 0.56% 0.28% 0.56% 0.28% Total: 6.78% Total: 0.00. Total: 0.00 Total: Total: 0.00% Printed On: 12/01/2024 12:37:49PM Basic Incident Type Code And Description (FD1.21) Incident Type Category (FD1.21):6- Good Intent Call 600- Good intent call, other 611 Dispatched and cancelled enr route 622- Noi incident found on arrival at dispatch address 651- - Smoke scare, odor ofs smoke 700. False alarm or false call, other 733. Smoke detector activation due to malfunction 735- Alarm system sounded due to malfunction 740- Unintentional transmission ofa alarm, other Total Total Incidents Percent of Total Property Total Content Total Total Loss Percent Incidents Incidents Loss Loss Loss 0.00 ofTotal 7 3 1 16 Total: 27 3 1 1 1 Total: 6 Total: 354 1.98% 0.85% 0.28% 4.52% 0.85% 0.28% 0.28% 0.28% Total: 7.63% Total: 0.00 Total: 0.00 Total: Total: 0.00% 0.00 Incident Type Category (FD1.21):7-False Alarm & False Call Total: 1.69% Total: 0.00 Total: 0.00 Total: Total: 100.00% Total: 0.00 Total: 0.00 Total: Total: 0.00% Total: 0.00% 0.00 0.00 2of2 Printed On: 12/01/2024 12:37:49 PM 18 December 12/01/20245 Elitec coretx Basic Incident Type Code And Description (FD1.21) Incident Type Category (FD1.21):1-Fire 111-Buildingf fire 131- - Passenger vehicle fire 132- Roadf freight ort transport vehicle fire 300- Rescue, EMS incident, other 311 Medicala assist, assist EMS crew 322- Motory vehicle accident with injuries 324- Motor vehicle accident with no injuries. 351 Extrication of victim(s)f from building/structure Total Total Incidents Percent of Total Property Total Content Total Total Incidents 1 2 1 Total: 4 1 7 3 10 2 Total: 23 2 Total: 2 1 2 Total: 3 Incidents Loss 0.00 Loss Loss 0.00 0.00 ofTotal Loss Percent 3.03% 6.06% 3.03% 3.03% 21.21% 9.09% 30.30% 6.06% Total: 12.12% Total: 0.00 Total: 0.00 Total: Total: 0.00% Incident Type Category (FD1.21): 3- Rescue & Emergency Medical Service Incident Total: 69.70% Total: 0.00 Total: 0.00 Total: Total: 6.06% Total: 0.00 Total: 0.00 Total: Total: 0.00% Total: 0.00% 0.00 0.00 Incident Type Category (FD1.21): 4- Hazardous Condition (No Fire) 412- Gas leak (natural gas OrLPG) Incident Type Category (FD1.21): 6- Good Intent Call 600- Goodi intent call, other 651- Smoke scare, odor ofs smoke 735-A Alarms system sounded due to malfunction 6.06% 3.03% 6.06% 3.03% Total: 9.09% Total: 0.00 Total: 0.00 Total: Total: 0.00% 0.00 Incident Type Category (FD121):7-False Alarm & False Call Total: 1 Total: 33 Total: 3.03% Total: 0.00 Total: 0.00 Total: Total: 100.00% Total: 0.00 Total: 0.00 Total: Total: 0.00% Total: 0.00% 0.00 0.00 1of1 Printed On: 12/01/2024 12:36:15 PM December 12/01/20245 Elite coretx 2024-January Incident Year-Month Name (FD1.3) Apparatus Personnel Full Name (FD19.2-FD19.12) Count Of Incidents Billy Mathis Bobby Walston Brady Clifton Carter Hemandez Darrel Fox Darrell Fox Eden alexander Ethan Mayes Frank Robinson Gearld Gunstanson Mark Bearden Matt Richardson Scott Parsons Tanner Middelton Billy Mathis Bobby Walston Brady Clifton Carter Hemandez Darrell Fox Eden alexander Ethan Mayes Frank Robinson Matt Richardson Matthew Fox Meagan Mathis Ronnie Bush Scott Parsons Billy Mathis Bobby Walston Brady Clifton Carter Hernandez Darrell Fox Eden alexander Edie Scott Ethan Mayes Frank Robinson jacob ervin Mark Bearden Matt Richardson Ronnie Bush Scott Parsons Billy Mathis Brady Clifton Carter Hemandez Darrell Fox David Pickrell Eden alexander Ethan Mayes Frank Robinson heath Hodnett jacob ervin John Clark Mark Bearden 6 2 16 24 17 2 20 4 12 6 5 18 6 1 8 2 16 7 14 5 25 26 3 3 3 9 11 17 6 17 10 4 16 19 26 16 2 17 7 8 1 20 2024-February 2024-March 2024-April 1of4 Printed On: 12/01/2024 12:34:41 PM Incident Year-Month Name (FD1.3) Apparatus Personnel Full Name (FD19.2-FD19.12) Count Of Incidents Matt Richardson Meagan Mathis Ronnie Bush Scott Parsons Sylvester Lopez Billy Mathis Carter Hernandez Carter Hemandez (776920) Darrell Fox Darrell Fox (39616) Edena alexander Ethan Mayes Frank Robinson jacob ervin jacob ervin (787238) James Clifton James Clifton (776920) Justice Dove kirsten fox Matt Richardson Matt Richardson (166111) Meagan Mathis Ronnie Bush (782007) Scott Parsons Billy Mathis Carter Hernandez (776920) Darrell Fox (39616) David Pickrell Edena alexander Eden alexander789211) Ethan Mayes Frank Robinson jacob ervin (787238) Justice Dove Mark Bearden Matt Richardson (166111) Matthew Fox (738629) Ronnie Bush (782007) Scott Parsons Billy Mathis Bobby Walston Carter Hernandez (776920) Darrell Fox (39616) David Pickrell Eden alexander789211) Ethan Mayes Frank Robinson heath Hodnett jacob ervin (787238) Justice Dove kirsten fox Matt Richardson (166111) Matthew Fox (738629) Meagan Mathis Ronnie Bush (782007) 21 4 5 3 3 27 40 2 17 24 14 18 4 36 4 17 9 4 33 1 6 13 26 17 4 12 7 5 11 3 23 2 2 17 3 22 15 20 11 5 1 17 15 3 3 2024-May 2024-June 2024-July 2of4 Printed On: 12/01/2024 12:34:41 PM Incident Year-Month Name (FD1.3) Apparatus Personnel Full Name (FD19:2-FD19.12) Count Of Incidents Scott Parsons Sylvester Lopez Billy Mathis Bobby Walston Carter Hemandez (776920) Darrell Fox (39616) David Pickrell Eden alexander789211) Ethan Mayes Frank Robinson heath Hodnett jacob ervin (787238) Justice Dove kirsten fox Mark Bearden Matt Richardson (166111) Matthew Fox (738629) Meagan Mathis Ronnie Bush (782007) Scott Parsons Sylvester Lopez Billy Mathis Carter Hernandez (776920) Darrell Fox (39616) Eden alexander789211) Ethan Mayes heath Hodnett jacob ervin (787238) Justice Dove kirsten fox Mark Bearden Matt Richardson (166111) Meagan Mathis Ronnie Bush (782007) Scott Parsons Sylvester Lopez Bilyl Mathis Bobby Walston Carter Hemandez (776920) Darrell Fox (39616) Eden Alexander789211) Ethan Mayes heath Hodnett Jacob Ervin (787238) Justice Dove kirsten fox Matt Richardson (166111) Matthew Fox (738629) Ronnie Bush (782007) Scott Parsons Sylvester Lopez Billy Mathis Bobby Walston Carter Hemandez (776920) Darrell Fox (39616) 3 6 14 2 26 24 2 29 8 6 17 2 26 3 3 7 1 2 18 27 25 30 1 11 6 3 23 8 2 19 14 15 10 17 2 15 6 1 2 8 25 12 2024-August 2024-September 2024-October 2024-November 3of4 Printed On: 12/01/2024 12:34:41 PM Incident Year-Month Name (FD1.3) Apparatus Personnel Full Name (FD19.2-FD19.12) Count Of Incidents Eden alexander789211) Ethan Mayes Jacob Ervin (787238) Kirsten Fox Mark Bearden Matt Richardson (166111) Matthew Fox (738629) Ronnie Bush (782007) Scott Parsons Sylvester Lopez 21 17 16 22 2 4 2 Count: 173 Min: 2024-April Max: 2024-September Report Fllters Inddent Date Time: Report Criteria isbetween" 01/01/2024' and" '11/30/2024 Incident) Year-Month Name (Fd1.3): IsNotBlank Apparatus Personnel Full Name Fd19.2-Fd19.12) IsNotBlank 4of4 Printed On: 12/01/2024 12:34:41 PM December 12/01/20245 Elited coretx 2024-November Incident Year-Month Name (FD1.3) Apparatus Personnel Full Name (FD19.2-FD19.12) Count Of Incidents Bily Mathis Bobby Walston Carter Hemandez (776920) Darrell Fox (39616) Eden Alexander(789211) Ethan Mayes Jacob Ervin (787238) Kirsten Fox Mark Bearden Matt Richardson (166111) Matthew Fox (738629) Ronnie Bush (782007) Scott Parsons SylvesterLopez 8 25 12 21 17 16 1 4 22 2 4 2 Count: 14 Min: 2024-November Max: 2024-November ReportF Filters Incident! Date Time: Report Criteria isbetween" '11/1/2024' and" '11/30/2024 Incidenty Year Month! Name (Fd1.3) IsNotBlank Apparatus Personnel FUlN Name (Fd19.2- -Fd19.12): IsNote Blank 1of1 Printed On: 12/01/2024 12:33:46 PM November 1 - November 30, 2024 HAAS ALERT YTD January 1- November 30 Lifetime Since June 2023 TX - Ranger Fire Department Safety Cloud@ Report Alert Totals Drivers Alerted 2,143 YTD 30,692 Lifetime 47,384 Incident Totals Total Incidents 122 YTD1 1,169 Lifetime 1,777 Run Totals Total Runs 117 YTD 1,332 Lifetime 2,028 Drivers Alerted applications. R2R Alerts Sent R2R Alerts sent 0 YTD 0 Lifetime 0 R2R Alerts Received 0 YTD 0 Lifetime 0 Average Time On-Scene 25.6 min YTD 26.1 min Lifetime 27.0 min Total Responding Time 744 min YTD 8,216 min Lifetime 12,697 min Average Time-to-Scene 6.4 min YTD 6.2 min Lifetime 6.3 min Average Time On-Scene Average time duration per incident. Total Runs Total drivers alerted; based on HAAS Alert enabled Total number of espondertoResponder Alerts sent to nearby emergency vehicles. R2R Alerts Received Total number of RespondertoResponder Alerts received by your emergency vehicles. Total Incidents Total number of times at least one vehicle arrived on-scene with lights engaged for 2+ minutes. Total times a vehicle was dispatched to an incident with lights engaged for at least 1+ minute. Total Responding Time Total time vehicles/apparatus spent traveling to dispatched calls with lights engaged. Average Time-to-Scene on-scene. Average time it took for dispatched vehicle to arrive 02024 HAAS, Inc. Private and Confidential 20241201043446 Page 1 of1 Ranger Police Department Monthly Activity Report November, 2024 Crash 12 0 36 1 47 2 23 0 21 0 Patrol Activity: Chief Moran 1 Douglas Gibson Ruelas Anderson Reporting Offense Incident CFS Warrant Other 0 0 7 0 0 Citations Warnings Business Officer: Reports Reports Reports Reports Arrests Arrests Issued Issued Checks 2 5 5 3 0 0 0 1 1 0 0 4 10 4 1 1 6 40 19 0 Animals 0 0 Total Cases M- 4 F-3 0 0 0 39 o 3 3 1 0 Animal Control Activity: Reporting CFS Douglas Gibson Department Totals: Total Total Offense Incident CFS Reports Reports Reports 8 15 Animals Animals Animals Found/Animals ACO Citations ACO Officer: Reports Inpoundedor Quarantined @ Large Adopted/ Warnings Euthanized 0 3 Surrendered 0 3 Returned 0 0 3 3 3 8 0 0 0 0 Total 141 Total CrashTotal Reports (AII) 3 Total 19 Total 66 Total Sheets Filed 141 Citations Warnings Dispatch Criminal Arrests Issued Issued Call 9 City of Ranger Public Works Monthly Report November 2024 Water: Total Gals from ECWSD- 16,183,000 539,000 Avg. gal a day Approximately 5- Water Leaks Approximately 158,000 Flushing-gals No new water taps were installed Morton Valley Had at least two major water leaks that went above our daily average. One day 364,000 and 259,000 for a Total of 623,000 Wastewater: 12- Sewer Backups- Approximately 1new sewer tap was installed Between lift stations 2 and 3-1 10 Call outs to Freddy's Streets: Road Projects: Several road work complaints were addressed and repaired Road Grading on Alice Street, Oak Street and Walnut Street Road work Projects: Wayland Road and Melvin Street Work Order: 63total RANGER WATERUSET REPORT November, 2024 7585 150 pH 7.95 7.97 7.99 7.93 8.00 7.98 8.06 7.98 7.98 8.05 8.12 8.11 7.95 7.99 7.88 7.92 7.95 8.01 7.89 7.96 7.91 7.98 8.03 8.02 8.07 8.06 8.14 2.96 8.21 8.13 8.11 Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TCL 2.63 2.59 2.69 2.76 2.79 2.52 2.53 1.43 1.23 1.84 1.33 1.77 2.29 2.81 2.41 2.07 2.66 2.94 2.64 3.00 2.74 2.28 2.52 2.54 2.19 2.90 2.73 3.08 3.00 Total Adjustments Adjusted Total Consumption 0.471 0.355 0.538 0.428 0.538 0.414 0.495 0.410 0.633 0.550 0.799 0.647 0.903 0.595 0.798 0.660 0.642 0.357 0.434 0.624 0.435 0.592 0.471 0.445 0.461 0.485 0.506 0.537 0.449 0.511 16.183 0.005 16.178 MG MG MG ECWSD Superintendent A 4,53 District ERTntcoug aer Suppy Disict G Pedor MED November-24 0.674 0.506 0.347 0.615 0.511 0.138 0.708 0.496 0.500 0.333 0.603 0.579 0.514 0.586 0.373 0.622 0.395 0.522 0.458 0.515 0.555 0.547 0.534 0.410 0.470 0.496 0.454 0.601 0.322 0.500 0.708 0.138 0.496 RECEET Fastland Ranger SE 0.471 0.355 0.538 0.428 0.538 0.495 0.410 0.550 0.799 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Max. Min. Avg. 58.86% 41.14% 58.77% 41.23% 39.21% 60.79% 58.96% 41.04% 48.71% 51.29% 58.85% 41.15% 54.75% 45.25% 37.71% 62.29% 43.01% 56.99% 0.414 25.00% 75.00% 0.633 44.13% 55.87% 0.647 47.23% 52.77% 0.903 36.27% 63.73% 0.595 49.62% 50.38% 0.798 31.85% 68.15% 0.660 48.52% 51.48% 0.642 38.09% 61.91% 0.434 51.35% 48.65% 0.624 45.22% 54.78% 0.435 56.06% 43.94% 0.592 48.02% 51.98% 0.445 47.95% 52.05% 0.506 47.29% 52.71% 0.537 52.81% 47.19% 0.449 41.76% 58.24% 0.903 59.39% 56.05% 0.355 25.00% 72.01% 0.539 47.77% 52.09% 0.357 59.39% 40.61% 0.471 0.461 0.485 53.13% 46.87% 50.48% 49.52% 50.56% 49.44% 0.511 49.46% 50.54% Total 14.884 16.183 52099 City Administrator Report City of Ranger, Texas Dear Mayor, Commissioners, and Community Members, move Ranger forward, one step at ai time. and laying the foundation for future growth: Itis my privilege to provide an update on the progress and activities in our city as we work together to Over the past weeks, Ihave been actively engaging in initiatives aimed at enhancing our city's operations 1. Wildfire Mitigation and Grant Opportunities: Ihave been in discussions with Langford regarding a Wildfire Mitigation Grant, which would bei instrumental in preparing our community against potential wildfire threats and clear our right ofways. Additionally, lam exploring other grant opportunities for our Public Works Department to address infrastructure and operational needs. 2. Operational and Technological Improvements: Work has begun on implementing software upgrades to modernize city operations, Within City Hall, l'ami focused on streamlining processes and creating a more productive ensuring better service delivery and efficiency. work environment for our staff and residents. 3. Professional Development and Collaboration: lam committed to personal and professional growth. Ihave recently: Enrolled ini the Certified Public Manager course at Texas State University. Applied for membership with the Texas City Management Association (TCMA) to Ihad a productive meeting with the Ranger ISD Superintendent, and llook forward toa enhance our network and bring new resources to Ranger. collaborative relationship that will benefit our schools and the broader community. 4. Community and Team Building: To strengthen our city's teams, we have ordered new uniforms for Public' Works and the lam currently searching for a permanent home in Ranger, reflecting my commitment to Our Finance Director has decided to step down and Iwill be running the finance operation Police Department, fostering a sense of unity and professionalism. being a long-term part oft this community. once she leaves for the foreseeable future. lam genuinely excited to be here in Ranger and deeply appreciate the opportunity to serve this wonderful community. Together, we can achieve great things, and look forward to continuing this journey with you all. Sincerely, Vance Lipsey City of Ranger, Texas Thank you fory your trust and support. CITY OF RAGER NOTICE OF A REGULAR MEETING MINUTES Al Regular Meeting of the Governing Body of the City of Ranger, Texas, was held on Monday, November 25, 2024 at 5:30 p.m. in City Hall, 400 West Main Street Ranger, Texas. The following subjects will be discussed, to wit: COUNCIL MEMBERS AND CITY STAFF PRESENT: Honorable Terry Robinson Commissioner. Joe Sigler Commissioner Charlie Archer Commissioner Wendy Erwin Commissioner Jared Calvert City Administrator Vance Lipsey City Secretary Andrea Rheinlander Judge Tammy Archer Mayor Place 1 Place 2 Place 3 Place 4 Agenda Item 01: Call to Order-Mayor Robinson Roll Call/Quorum Check-City Secretary, Andrea Rheinlander Pledge of Allegiance to the United States Flag- Mayor Robinson Pledge of Allegiance to the Texas Flag- Mayor Robinson Invocation of Prayer- Mayor Robinson Agenda Item 02: Citizen's Presentation-l. Irenee Shubert- Thanking the Public Works department for working SO hard on getting the roadways passable once again. 2. Phyllis Thompson- Wants to invite everyone to Christmas Dinner at the Ranger Citizens Task Force and to also thank Public Works department for doing such a great job on the road repairs.3. Travis Roger-Discussing the abandoned building that require attention that have become a Agenda Item 03: Announcements from City Council or Staff-Comments may be made by council or staff, BUTNO ACTION TAKEN on the following topics without specific notice. Those items include: Expressions of Thanks, Congratulations or Condolence; Information on Holiday schedules; Recognition of public officials, employees or citizens other than employees oro officials whose status may be affected by the council through action; Reminders of community events or announcements involving an imminent threat to the public health and Agenda Item 04: Discuss/Consider: approval of the city council meeting minutes for the regular meeting on November 12, 2024, and regular meeting on November 25, 2024 -Andrea *Motion made by Commissioner Calvert to approve the minutes for the regular meeting and the called meeting on October 28, 2024, Called Meeting November 4, 2024, and the motion was 2nd dangerous issue. Cleaning up the Loop needs to be addressed also. safety of the people of the municipality. Rheinlander, City Secretary by Commissioner Archer. All Ayes and Motion Passed. CITY OF RANGER COUNCIL MEETING AGENDA, NOVEMBER 25,2024 CONTINUED Agenda Item 05: Discuss/Consider: Water bought/sold/lost - Commissioner Calvert *Commissioner Calvert made the motion to continue to monitor the water loss and try to get things under control. Commissioner Archer 2nd the motion. All Ayes and Motion Passed. Agenda Item 06: Discuss/Consider: Resolution 2024-11-25 P Street Closure for *Commissioner Calvert made the motion to approve the parade route. Commissioner Sigler 2nd Agenda Item 07: Discuss/Consider: Resolution 2024-11-25 Q Prohibited Technology *Commissioner Calvert made the motion to allow City Administrator Vance Lipsey to approve the Technology policy. Commissioner Archer 2nd the motion. All Ayes and Motion Passed. Agenda Item 08: Discuss/Consider: Ordinance 2024-11-25 F Amending the Fee *Commissioner Archer made the motion to approve the changes to the fee schedule. Commissioner Erwin 2nd the motion. All Ayes and Motion Passed. Christmas Parade Vance Lipsey, City Administrator the motion. All Ayes and Motion Passed. Policy Vance Lipsey, City Administrator Schedule Vance Lipsey, City Administrator Agenda Item 09: Discuss/Consider: Financials of the Bank Accounts- Vance Lipsey, City Administrator *No action taken Agenda Item 10: Discuss/Consider: Approving Vance Lipsey, City Manager and Brittany Proffitt, Finace Director as Business Card representatives and the ability to sign *Commissioner Calvert made the motion to allow City Administrator Vance Lipsey and Brittany Proffitt to be placed on the Business card and to sign checks and remove Mayor Terry Robinson. checks for the city- Vance Lipsey, City Administrator Commissioner Archer 2nd the motion. All Ayes and Motion Passed. Agenda Item 11: Discuss/Consider: The purchase of new Software for Finance, HR, Public Works, Admin, and Utility Billing- Vance Lipsey, City Administrator Page 2of5 CITYOFRANGER COUNCIL MEETING. AGENDA, NOVEMBER 25, 2024 CONTINUED *Commissioner Calvert made the motion to table item until next meeting do more research and get more quotes. Commissioner Archer 2nt the motion. All Ayes and Motion Passed. Agenda Item 12: Discuss/Consider: Creating a Credit Line with JP Morgan or Like Company for Departmental Credit Cards- Vance Lipsey, City Administrator *Commissioner Calvert made the motion to approve extending credit cards to each department Administration of $ 50,000.00, Public Works, Finance, Fire and Police a limit of$: 5,000.00 each. With bills included in each monthly report. Commissioner Archer 2nd the motion. All Ayes and Motion Passed. Agenda Item 13: Discuss: New Hire for Animal Control Officer/Code Enforcement - Vance Lipsey, City Administrator *No Action Taken Agenda Item 14: Discuss/Consider: Encroachment on Ross Steet for Shoppin' Basket for the City to. Authorize the use of the Right of Way or the purchase of the Right of Way to Shoppin *Commissioner Erwin made the motion to give Brookshires -Spring Market # 739 permission to continue with the use oft the right of way and send to City attorney to draw paperwork. City will maintain ownership. Commissioner Calvert 2nd the motion. Abstained: Archer. Ayes: Erwin, Agenda Item 15: Discuss/Consider: Pool update/needs/contract - Commissioner Calvert *Commissioner, Erwin made the motion to approve contract between Willow Park Pool group and contractor tol begin necessary assessments of the pool along with the City Administrator involved with the clean-up process. Commissioner Calvert 2nd the motion. All Ayes and Motion Agenda Item 17: Discuss: EDC Board approval process recommendation - Commissioner *Commissioner Sigler would like to give applicants several weeks for review for council members and EDC. Request that thel EDC create new by-laws and change the current Basket Vance Lipsey, City Administrator Calvert, Sigler, Robinson. Motion Passed. Passed. Sigler application. *No Action Taken. Page 3of5 CITY OF] RANGER COUNCIL MEETING AGENDA, NOVEMBER 25,2024 CONTINUED Agenda Item 18: Discuss/Consider: scheduling a recall per our charter Commissioner *Commissioner Calvert made the motion to schedule a recall per our Charter within 15-300 days after the court rules that the request of the city to schedule a recall for our charter. Commissioner Agenda Item 19: Discuss/Consider: The conduct of the City of Ranger prior to the lawsuit filed against it by the Ranger Airfield Maintenance Foundation Commissioner Calvert Calvert Archer 2nd the motion. Opposed: Erwin, Sigler, Robinson. Motion Failed *No Action Taken Agenda Item 20: Discuss/Consider: The internal investigations of Commissioner Archer and Commissioner Calvert, and the city attorney's opinion since June 2024 that certain city business *Commissioner Calvert made the motion to send complaint to law enforcement and don'tpay the investigator. Commissioner Archer 2nd the motion. Opposed: Erwin, Sigler, Robinson. could not be conducted by the council - Commissioner Calvert Motion Failed Agenda Item 21: Discuss/Consider: Attorney communications regarding who hired attorney(s) at Messer Fort to represent Terry Robinson, Wendy Erwin, and Joe Sigler/Attorney's Fees- *Commissioner Calvert made the motion to not pay Messer Fort and remove them from the issue, until the city officials hire them. Commissioner Archer 2nd the motion. Nay: Robinson, Agenda Item 22: Discuss/Consider: Convene into executive session pursuant at 8:15P.M. Commissioner Calvert Sigler, Erwin. Motion Failed Texas Government Code Section 8 551.074 to deliberate the appointment, employment, evaluation, and duties of Municipal Judge Commissioner Calvert Agenda Item 23: Discuss/Consider: Reconvene into open session to take action as determined appropriate regarding: Texas Government Code Section $ 551.074 to deliberate the appointment, employment, evaluation, and duties of Municipal Judge -Commissioner Calvert *Reconvened at 8:34P.M. *Commissioner Calvert made the motion to terminate employment of. Juge Tammy Archer effective immediately with only having supervised guided access to City Hall for her to gather her things. No second motion. Motion failed Page 40f5 CITYOFRANGER COUNCIL MEETING AGENDA, NOVEMBER 25,2024 CONTINUED Agenda Item 24: Discuss/Consider: Adjournment- - 8:36 PM *Motion made by Commissioner Archer to adjourn and Commissioner Erwin 2nd the motion. All Ayes and Motion Passed. These minutes were approved on the 9th day of December, 2024. CITY OF RANGER, TEXAS ATTEST: Andrea Rheinlander, City Secretary Terry Robinson, Mayor Page 50 of5 City of Ranger 2025 Holiday Schedule January 1,2 2025 January 20, 2025 February 17, 2025 April 18,2025 May 26, 2025 June 19, 2025 July 34 &4, 2025 September 1, 2025 October 13, 2025 November 11, 2025 November 26-28, 2025 December 24-26, 2025 December 31, 2025 *Employee Birthday Wednesday Monday Monday Friday Monday Thursday Thursday & Friday Monday Monday Tuesday Wednesday-Friday Wednesday-Friday Wednesday New Years Day Martin Luther King, Jr's Day President's Day Good Friday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Christmas New Years Eve As approved by Supervisor RESOLUTION 2024-12-09 R Al RESOLUTION OF THE CITY COMMISSION OF THE CITY OF RANGER AUTHORIZING THE CITY MANAGER/ADMINISTRATOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF CISCO, TEXAS FOR THE RECIEPT, COORDINATION AND PRIMARY OVESIGHT A COMMUNITY WILDFIRE DEFENSE GRANT (CWDG) THROUGH THE UNITED STATES FOREST SERVICE (USFS) UNDER THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) COMMUNITY WILDFIRE DEFENSE PROGRAM (CWDG). WHEREAS, the Community Wildfire Defense Grant Program, or CWDG, is intended to help at- WHEREAS, the City of Ranger desires to participate in a Community Wildfire Defense Grant WHEREAS, the City of Cisco serves as the primary sub-recipient of a CWDG grant received through the Texas A&M Forest Service to implement a "joint" fuels reduction (mitigation), education, inspection and outreach program within the Cities of Cisco, Eastland, Ranger and WHEREAS, the City of Ranger understands and accepts its commitments and deliverables, as WHEREAS, the City of Ranger is committed to working toward an Interlocal Agreement with the City of Cisco and the other partner Cities to facilitate the successful implementation of the CWDG; WHEREAS, the proposed Interlocal Agreement will define the City of Cisco's role as the primary grant sub-recipient, including an operational plan that may include joint use of personnel, equipment and other resources funded through the grant; as well as outline both the ownership and control of grant resources and unique commitments of the City of Ranger under the program; WHEREAS, action by the City of Cisco is needed to accept the proposed grant prior to January WHEREAS, the City of Cisco is requesting affirmative action by the City of Ranger to support that risk local communities; plan for and reduce the risk of wildfire; and (CWDG); and Carbon, Texas; and well as effective management of the resources provided, under the grant; and and and 18, 2025 or face loss oft the grant opportunity; and action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF RANGER TEXAS: 1. Commits to its preforming its role and responsibilities under the proposed grant, 2. That the City Manager/Adminstrator is hereby authorized to enter into an Interlocal Agreement with the City of Cisco and the other CWDG Partner Cities upon its development. PASSED AND APPROVED THIS THE gth day of December 2024. ATTEST: THE CITY OF RANGER, TEXAS Andrea Rhienlander, City Secretary Terry Robinson, Mayor RESOLUTION 2024-12-09S AI RESOLUTION OF THE CITY OF RANGER, TEXAS, APPOINTING THE CITY MANAGER AS THE CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE TO ACTIN ALL MATTERS IN CONNECTION WITH THE FEMA HAZARD MITIGATION ASSISTANCE (HMA) GRANT PROJECT AND COMMITTING THE CITY TO PROVIDE MATCHING FUNDS TO SECURE AND COMPLETE THE FEMA HAZARD MITIGATION GRANT. WHEREAS, the City of RANGER, Texas is developing applications for FEMA Hazard Mitigation Assistance (HMA) funds to protect public and or private property within the City to prevent WHEREAS, FEMA Mitigation Fund applicants are required to appoint an official to act as the Authorized Representative in all matters in connection with the Mitigation Grant; WHEREAS, FEMA Mitigation Fund applicants are required to commit 25% or more matching NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Section 1. That the City of RANGER, Texas is authorized to submit an application for FEMA Section 2. That the City Manager be appointed the Chief Executive Officer and Authorized or reduce future loss of lives or property; funds to secure and complete the FEMA Mitigation Grant. RANGER, Texas: Hazard Mitigation Assistance Grant Funds. Representative to act on behalf of the city in all matters in connection with the FEMA Mitigation Project. Section 3. That the City is committing to provide 25% or more matching funds in contribution to the FEMA Mitigation Project. PASSED AND APPROVED this day of 2024. Signature Printed name of City Manager ATTEST: Signature Printed name City Secretary TDEM THET TEXAS A&M UNIVERSITY: SYSTEM Designation of Subrecipient Agent (DSA) Form Subrecipient: CITY OF RANGER Disaster Number(s): 4781,4798 Grant Program(s): HMGP Primary Agent Cannot be a contractor. Serves as the primary point of contact for projects. Name: Position/Title: Email: Organization: VANCELIPSEY CITYMANAGER dlymanagarerangnxgor CITY OF RANGER Office Number: Cell Number: Fax Number: 254-6473522 The Primary Agent will have full access to GMS. Serves as the primary point of contact for projects. PUBLIC WORKS DIRECTOR Cell Number: Secondary Agent Name: Position/Title: Email: Organization: DANIEL PLASCENCIA pubiowonserangengov CITY OF RANGER Office Number: Fax Number: 254-567-3522 The Secondary Agent will have full access to GMS. Serves as the primary point of contact for financial matters Primary Finance Agent Name: Position/Title: Email: Organization: BRITTANY PROFFITT FINANCE DIRECTOR finance@rangert.gov CITYOF RANGER Office Number: Cell Number: Fax Number: 254-567-3522 The Primary Finance Agent will have full access to GMS. Serves as the official representative of the organization. Certifying Official Must possess the authority to obligate funds and enter into contracts for the organization. Name: Position/Title: Email: Organization: VANCE LIPSEY CITY MANAGER dlymanagererangengov. CITYOF RANGER GMS Access (pick 1): Full Office Number: Cell Number: Fax Number: 254-6473522 Contributor Read-Only Date Signature of Certifying Official Print Name (Must be a Mayor, Judge, or Executive Director with the authority to obligate funds & enter into contracts for the organization) January 2023 TDEM THE TEXASA AGM UNIVERSITY SYSTEM Designation of Subrecipient Agent (DSA) Form Alternate Contact Name: Position/Title: Email: Organization: Jennifer Boyd Grant Administrator jennier@lcmsinc.com Langford Community Mgmt Services Office' Number: Cell Number: Fax Number: (512) 452-0432 (512) 923-7296 GMS Access (pick 1): FullV Contributor Read-Only! Alternate Contact Name: Position/Title: Email: Organization: Patty Swords Grant Administrator patty@icmsinc.com Langford Community Mgmt Services Office Number: Cell Number: Fax Number: (512) 452-0432 (979) 480-4949 GMS Access (pick 1): I Fully Contributor Read-Only! Alternate Contact Name: Position/Title: Email: Organization: Charles Reagan Grant Administrator chares@lcmsinc.com Langford Community Mgmt Services Office Number: Cell Number: Fax Number: (512) 452-0432 (512) 796-1887 GMS Access (pick 1): Full/ Contributor Read-Only Alternate Contact Name: Position/Title: Email: Organization: Office Number: Cell Number: Fax Number: GMS Access (pick 1): Full Contributor Read-Only! Alternate Contact Name: Position/Title: Email: Organization: Office Number: Cell Number: Fax Number: GMS Access (pick 1): Full Contributor Read-Only Signature of Certifying Official Print Name Date (Must be a Mayor, Judge, or Executive Director with the authority to obligate funds & enteri into contracts for the organization) January 2023 TDEM THET TEXAS A6M. UNIVERSITYSYSTEM Designation of Account Approval (DAA) Form Form Instructions The following must be completed for access approval for subrecipient accounts in the Texas Division of Emergency Management (TDEM)'s Grants Management System (GMS). A) The Designation of Account Approval (DAA) form is used to assign an approver for aj jurisdiction. The default approver for access to a jurisdiction is the Certifying Official. B) For the contacts: Both the Primary Approver and the Secondary Approverwill have Full Access to their jurisdiction's GMS account and will be responsible for the permissions, access levels, and approvals. They will also be responsible for providing updates ifa user leaves the organization or None of the positions on the page may be left blank. The same person cannot hold the Primary Approver and the Secondary Approver. The Primary Approver is the person at the organization that is responsible for approving requests for access to GMS. The Secondary Approver is the Primary Approver's designated * AC Certifying Official must be an individual who possesses the authority too obligate funds and enter into contracts on behalf of the subrecipient. Athird-party consultant/contractor cannot be listed as the Primary changes roles. alternate. Approver or Certifying Official. & All contacts require a unique email address. C) User Access Levels * Full Access to the Grants Management System (GMS) will allow a user to perform tasks such as submitting quarterly reports and requesting reimbursements, time extensions and scope/cost modifications within the State of Texas Grants Management System on Contributor Access will allow a user to upload and update documentation and enter notes. The user will not have the ability to & Read Only Access will allow a user to view information in GMS but will not grant them the ability to edit any existing information behalf of the subrecipient. advance workflows. themselves. August 2023 TDEM THE TEXASA AGM UNIVERSITY: SYSTEM Designation of Account Approval (DAA) Form Subrecipient: CITY OF RANGER Grant Program (PA/HM) E Tax ID: 75-60006458 UEI: TPXRF3XJJKC1 Mutual Aid Primary Approver Cannot be a contractor. Serves as the primary point of contact to approve access requests for your GMS account. Name: Email: VANCEL LIPSEY clymangererangenagoy Office Number: 254-6473522 Cell Number: Fax Number: Position/Title: CITY MANAGER Organization: CITY OF RANGER The Primary Approver will have full access to GMS. Secondary Approvèr Serves as the secondary point of contact to approve access requests for your GMS account. Name: Email: BRITTANY PROFFITT finance@rangerty, gov Office Number: 254-567-3522 Cell Number: Fax Number: Position/Title: FINANCE DIRECTOR Organization: CITY OF RANGER The Secondary Approver willl have full access to GMS. Serves as the official representative of the organization. Certifying Official Must possess the authority to obligate funds and enter into contracts for the organization. Name: Email: VANCELIPSEY clhymanager@rangenegor Office Number: 254-6473522 Cell Number: Fax Number: Position/Title: CITY MANAGER Organization: CITYOFF RANGER GMS Access (pick 1): Full E Contributor Read-Only D Date Signature of Certifying Official Print Name (Must be a Mayor, Judge, or Executive Director with the authority to obligate funds & enter into contracts for the organization) August 2023 ORDINANCE NO. 2024-11-25F AN ORDINANCE BY THE CITYCOMMISSION OF THE CITY OF RANGER, TEXAS, AMENDING THE CITY'S EXISTING ORDINANCES BY AMENDING AND ESTABLISHING FEES FOR CERTAIN LICENSES, PERMITS, AND OTHER SERVICES PROVIDED BY THE CITY OF RANGER; INCLUDING FINDINGS OF FACT AND PROPER NOTICE AND HEARING; REPEAL PREVIOUS ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING SEVERABILITY CLAUSE; EFFECTIVE DATE ANDOPEN MEETING CLAUSES; AND PROVIDING FOR RELATED WHEREAS, the City of Ranger (the "City") has previously established by ordinances and resolutions fees for licenses, permits, and services provided by the City; and WHEREAS, the City has drafted a Schedule of Fees, attached hereto as Exhibit A and incorporated herein for all purposes, that reflects revisions to certain fees, a restatement WHEREAS, due to the need for periodic modification of said fees and for the purposes ofe efficiency, the City Commission desires to future. fee changes by resolution rather WHEREAS, the City desires to provide a single and convenient location for a list of all WHEREAS, the City Commission has considered the merits of this Ordinance and has determined that this Ordinance is necessary to protect the health, safety, morals, and MATTERS. of certain fees not revised, and a consolidation of all such fees; and than by ordinance; and fees charged; and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY SECTION 1. FINDINGS OF FACT. All of the above premises and recitations are found to be true and correct and are incorporated into the body of this Ordinance as findings SECTION 2. FEE SCHEDULE. The consolidated and revised Fee Schedule is attached hereto as Exhibit "A,"and made a part hereof for all purposes, the same as if OF RANGER, TEXAS THAT: of fact, as if copied, herein in their entirety. fully copied herein. SECTION 3. REPEAL. All prior Resolutions or Ordinances amending and/or adopting a Fee Schedule are hereby repealed. SECTION 4. PENALTY. 1 Itshall be a violation of this Ordinance to conduct any activity or commence any use or receive any service for which payment ofai fee described herein is required until such fee has been paid (if required to be paid in advance) or to fail to pay such fee when Any person or entity who violates or fails to comply with any provision of this Ordinance shall be charged with a Class C misdemeanor and, if convicted, may be subject to fine ofup to Five Hundred Dollars ($500.00). Each day a violation exists or continues shall That this ordinance shall be cumulative of all provisions of the City of Ranger, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinance, in which event the conflicting provisions of such Ordinance are hereby SECTION6. SEVERABILITY. The provisions of this Ordinance are declared to be severable. Ifany section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect notwithstanding the properly billed. constitute a separate offense. SECTION 5. CUMULATIVE CLAUSE. repealed. validity of any part. SECTION7 7. SAVINGS. That all rights and privileges of the City of Ranger are expressly saved as to any and all violations of the provision of any Ordinances effected by this Ordinance; and any such accrual of said ordinances at the time of the effective date of this Ordinance; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending incourt or not, under such Ordinançes, same shall not be affected by this Ordinance but SECTION8. PROPER NOTICE AND OPEN MEETINGS ACT. Itis hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that the public notice of the time, place, and purpose of said meeting was given as required and that public notice, place, and purpose of said meeting was given as required by the open meetings act, chapter 551, Texas SECTION 9. EFFECTIVE DATE. This Ordinance shall be in full force and take effect upon its passage and publication as provided by law, and it is sO ordained. FIRST READING PASSED AN APPROVED, this 251h day of November, 2024. SECOND READING PASSED AN ADOPTED, this gth day of December, 2024. may be prosecuted until final disposition by the courts. Government Code. ATTEST: THE CITY OF RANGER, TEXAS Terry Robinson, Mayor Andrea Rhienlander, City Secretary 2 City of Ranger Fee Schedule (Attachment. A) A. Water/Wastewater Service Rates and Fees Standard residential connection, 5/8x3/4 meter: Tap on other side of street, add: (a) One inch meter connection and tap: (b) Two-inch meter connection and tap: Other side of street tap charges for b and c: (c) Wastewater system connection - 4 inch: Wastewater system connection - 6 inch: (d) Extension of lines - tap fees plus cost plus 25% 1. Tap fee rates. $1100.00 $550.00 $1850.00 $2950.00 $550.00 $850.00 $1600.00 $550.00 $150.00 $50.00 $41.00 $10.00 Other side of street tap: 2. Security Deposit Rate: 3. Service Charge Rate: 4. Rates for Water and Meter Service. (a) Residential minimum charge per meter, up to 2000 gallons: (b) For each 1000 gallons of water metered over 2000: (c) Commercial - Single entity rate. Where a commercial unit, Business Establishment customer éntity receives service off a For each 1000 gallons of water metered over 2000 gallons (d) Commercial - Master meter rate: (More than one unit, customer, or #ofunits X: $36.60 (plus $9.30 per 1000 gallons over minimum X#o of meter. The first 2000 gallons: and any proportionate, amount: Establishmentsoff of one meter. $78.00 $10.00 Customers. Outside city limits - The following rates will be charged to all customers for water service provided outside the city limits. (e) The first 2000 gallons of water used are included in the minimum charge: () Meter test. A water meter test will be performed at the request of the customer. If the meter is found to be slow, less than 98%, the customer will be charged: $41.50 $10.50 $75.00 For each 1000 gallons above the 2000 gallon minimum: 3 (g) Disconnecting charge: (h) Reconnecting charge: $50.00 $50.00 $25.00 () Termination at owner's request. The requested charge rate is: 4A. Ranger College and Ranger ISD. Water minimum: Sewer minimum: $78.00 $10.00 $120.00 Each 1000 gallons over minimum: 5. Rates for Bulk Water (per trip): 0-1000 gallons: $50.00 $25.00 Each additional 1,000 gallons or a portion thereof 6. Wastewater. Residential Commerciall Commercial II Commercial III $47.00 $62.00 $122.00 $242.00 $17.00 $100.00 $50.00 At Cost Multi-unit complex (per unit): 6a. Bulk Wastewater (per trip): 0-2,000 gallons Each additional 1,000 gallons or a portion thereof 7. TCEQ Backflow. Tester Certification (annually) B. Solid Wastes. Minimum monthly charge residential (per unit): $25.00 $15.00 $32.00 N/A $60.00 Each additional unit: Commercial/industrial rates: 96 gallon container once per week: 96 gallon container twice per week: 1.5cu. Yd. dumpster once per week: 4 1.5 cu. Yd. dumpster 2.0 cu. Yd. dumpster 2.00 cu. Yd. dumpster 3.0 cu. Yd. dumpster 3.0cu. Yd. dumpster 4.0 cu. Yd. dumpster 4.0 cu. Yd. dumpster twice per week: once per week: twice per week: once per week: twice per week: once per week: twice per week: $90.00 $70.00 N/A $110.00 $190.00 $140.00 $220.00 C. Collection Center Residential Rates: Pick-up truck 10-12' Trailer (4'sides) 14-16' Trailer (4'sides), 20-30' Trailer (4'side) $15.00 $30.00 $40.00 $60.00 $20.00 each Refrigerators, freezers, and alc units NOTE: Contractors are double amount listed above. D. Cemetery Rates: Administrative Fee Locate Plot Plot (Casket Burial) Urn - Placement on a plot with a casket. Urn Plot (Upn Burial only) urn must be registered with city hall. $25.00 - (Admin actions, i.e., Plot Deed transfer) $30.00 $255.00 $70.00 $280.00 Plot may be used for urns only and up to four urns can be placed on plot. Each E. Animal Control Rates: 1. Standard licensing fee: (for all animals four months of age or older) NOTE: You must submit proof of rabies vaccination. Unneutered dog or cat (annually) Neutered dog or cat (annually) $5.00 $5.00 5 Other animals (annually) $5.002. Permits: $150.00 $100.00 $50.00 $50.00 Commercial Animal Enterprise Multiple Animal Owner Guard Dog NOTE: Renewal for all above (annually): 3. Impoundment Fee (for each animal): Strays whose owners cannot be located will be confined for a period of 96 hours, and if unclaimed may be destroyed and tested for rabies. A dog or cat with no identification shall be held for a minimum of 2 hours (after 72 hours the animal is property of the city). After hours call fee in addition to impoundment: $50.00 First Time Second Time Third Time (per day) (per day) $30.00 $25.00 $25.00 $60.00 (per day) $60.00 $60.00 $60.00 $350.00 $500.00 Unneutered dog or cat Neutered dog or cat Fowl or small animal Livestock $35.00 $35,00 $35.00 $200.00 Zoological and/or circus animal $100.00 $200.00 NOTE: More than 4 violates by and pet or combination thereof owned by the same person in three years or less shall be: 4. Boarding/Quarantine Fees: $500.00 for each impoundment Boarding fee for impounded animals after first day: Established by policy (does not include first day) $40.00 NOTE: Home quarantine may be authorized as coordinated in accordance with State Law. Any owned dog or cat having bitten or scratched a person shall be observed for a 5. Expenses of Animal: Owner shall pay for any veterinarian or drug fees incurred for period of ten days from the day of the bite. the animal while in custody of ACO or Animal Shelter. 6. Surrender Fees: Cats Dogs $35.00 $35.00 $60.00 $35.00 N/A Litters of dogs or cats Other small animals Large Animals 7.Adoption Fees: 6 1. Each animal $75.00 NOTE: Animals adopted from the animal shelter must be neutered/spayed must provide proof of surgery by the date established by the ACO. F.Administrative Services Hardcopy of Charter, Ordinances or Resolutions $_0.00 $23.00 $21.00 $4.00 $50.00 $100.00 $0.10 $35.00 $6.00 $8.00 Actual Cost Actual Cost 3.50% Certified Birth Certificates Certified Death Certificates Rent Community Center- 4 hours Rent Community Center - 8 hours Public Information Requests Dishonored checks: Accident Reports: Certified copy: Supplies Postage and Shipping o Each Additional Certified Copy 50 or more pages. (per page) Credit Card Fee- Fee calculated off of total amount of transaction G. Manufactured Home Permits. Mobile Home Permits RVtemporary use permit $50.00 $50.00 H. Regulation of Vendors, Peddlers, Solicitors to include Food Establishments, NOTE: it is unlawful for any peddler, solicitor, mobile food establishment, temporary food establishment, or semi-permanent food establishment to engage in business without obtaining a peddler's permit for the City Secretary. Does not include community service, charitable, educational, or religious services, such as meals-on-wheels, etc. Semi-permanent food establishment, and temporary vendors. H1. Peddler permit: a. Per day: b. Per week: Per month: d. Per 3 months: e. Per 6 months: f. Per year: $10.00 $35.00 $50.00 $75.00 $100.00 $150.00 7 H2. Mobile, temporary, or semi-permanent food establishment shall pay a base fee of $10.00 for each individual on the permit. NOTE: Applicant must obtain inspections or permits required by Texas Department of State Health Services. H2b. Plus, the following additional: g. Per day: h. Per week: Per month: Per 3 months: Per 6 months: Per year: $5.00 $10.00 $25.00 $50.00 $75.00 $100.00 I. Annual Fee for Holders of Alcoholic Beverage Permits and Licenses. shall be an amount equal to one-half of the license or permit fee charged by the state under the Alcoholic Beverage Code J.I Fireworks. No person, firm or corporation shall discharge or use fireworks within the city of limits, except as a public exhibition with a permit issued by the City Commission. And a temporary license is issued by the City Firé Chief. Fee established by the City Commission: K. Fire/EMS/Ambulance Fees. (Per current rate schedules) L. Police Fees. (Per current rate schedules) M. Towing Fees (Third Party). Maximum amount to be charged by towing company in town $165.00 8 Ordinance No. 2024-12-09G An Ordinance of the City Commission of Ranger, Texas, Establishing Requirements for Vacant and Severely Damaged or WHEREAS, the City Commission of Ranger, Texas recognizes the health, safety, and welfare of the community are of WHEREAS, properties that are vacant and severely damaged, including those with structural issues, fallen roofs, fire hazards, or other dangerous conditions, pose significant risks to the safety of the public and to surrounding properties; WHEREAS, the City Commission of Ranger seeks to protect the public by enacting regulations to ensure that such Fire Hazard Properties; Providing for Exemptions; Enforcement; and Setting an Effective Date utmost importance; properties are properly maintained or secured; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF RANGER, TEXAS: Section 1:1 Title This ordinance shall be referred to as the "Vacant Building Ordinance" or the' "Severely Damaged Property Ordinance." The purpose of this ordinance is to protect the public safety, health, and welfare by addressing vacant buildings and properties that are severely damaged, have structural issues, pose a fire hazard, or are otherwise unsafe. This ordinance aims to prevent hazardous conditions that can lead to injury, property damage, or fire, and to promote the orderly Section 2: Purpose and Intent upkeep and maintenance of such properties. Section 3: Definitions For the purposes of this ordinance, the following terms shall have the meanings ascribed below: Severely Damaged Property: A property that has suffered significant damage, such as a collapsed or missing roof, significant structural failure (e.g., foundation or walls), or other conditions rendering the structure unsafe or Fire Hazard: A property that poses a risk of fire due to deteriorated conditions, such as exposed electrical wiring, uninhabitable. accumulation of flammable materials, or unsafe building structures. Vacant Property: A property that is unoccupied and not actively used or maintained. Active Renovation: Work being performed on a property in a manner that demonstrates substantial progress toward returning the property to a safe and habitable condition, as determined by the City, under a valid permit issued by the City of Ranger. Section 4: Scope This ordinance applies to any vacant property or building in the City of Ranger that is severely damaged or constitutesa fire hazard, including but not limited to properties with: 1. Collapsed or missing roofing; 2. Significant structural damage (e.g., compromised foundation, walls, or beams); 3. Fire hazard conditions due tot the deterioration of electrical systems, exposed wiring, or combustible materials; 4. Any other condition that, in the opinion of the City Fire Chief, poses ani immediate danger to public safety or health. Section! 5: Owner Responsibilities 1. Inspection and Assessment: and any potential fire hazards. 2. Maintenance or Demolition: Property owners of vacant and severely damaged buildings must have their properties inspected within 30 days of receiving notice from the City, byal licensed structural engineer or qualified inspector, to assess the extent of damage Property owners must take appropriate steps to either: Secure the Property: If repair or stabilization is deemed feasible, the owner must begin repair work to eliminate the Demolition: If repairs are not feasible or the building is deemed beyond repair, the owner must submit a demolition plan to the City, obtain necessary permits, and demolish the structure within 90 days of receiving notice from the City. Property owners who are actively renovating their properties and can demonstrate substantial progress towards repairing ori improving the property, with a valid permit, shall be exempt from the provisions of this ordinance. Such renovation work must meet all applicable building codes, and the owner must provide the City with proof of active and safety and fire hazards, and ensure the building is stabilized within 60 days. 3. Exemption for Active Renovation: ongoing work, as determined by periodic inspections. 4. Securing the Property: Ift the propertyi is uninhabitable or unsafe, the owner is responsible for securing the property by boarding windows and doors, installing fences or other barriers, or taking other appropriate measures to prevent unauthorized access. 5. Fire Safety: Owners must remove or mitigate any conditions that pose a fire hazard, including removing accumulations of flammable materials, securing gas lines, and ensuring electrical systems are de-energized. Section 6: Notification and Enforcement 1. Notice of Violations: ordinance. The notice shall include: The nature oft the violation The City shall issue a written notice to the property owner ifal building or property is found to be in violation of this Ar requirement for the property owner to either repair, secure, or demolish the property within a specified period (typically 60 days from the date of notice); and Information regarding potential penalties for non-compliance. 2. Failure to Comply: Ift the property owner does not comply with the requirements outlined in this ordinance within the specified timeframe, the City may take thet following actions: Issue a citation for the violation of this ordinance; Take emergency action to secure, stabilize, or demolish the property in accordance with procedures set forthi in applicable City ordinances and state law, including but not limited to Subchapter A, Chapter 214, Texas Local Government Code, as amended;and/or 3. Fire Chief Review: Impose fines as allowed by law for non-compliance. The City Fire Chief, or a designee, shall review and assess whether a building presents an immediate danger to public safety or health due toi fire hazards or structural concerns. Int the event of such a determination, the City may take emergency action as necessary to protect public safety. 4. Emergency Action: In cases where immediate action is necessary to protect public health and safety, the City may take emergency measures to secure the building or eliminate fire hazards without prior notice to the property owner, and the cost of such actions may be assessed to the property owner after the City complies with the procedures set forth in Section 214.0011, Texas Local Government Code, as amended. Section 7: Penalties Any property owner who fails to comply with this ordinance after the expiration of the notice period may be subject to a fine not to exceed $500 per day for each day the property remains in violation of this ordinance. Additionally, the City may seek to recover costs associated with securing or demolishing the property, including legal fees and administrative costs. Section 8: Severability Ifany provision oft this ordinance is found to bei invalid or unenforceable by a court of competent jurisdiction, the remainder oft the ordinance shall remain in full force and effect. Section 9: Effective Date This ordinance shall become effective 60 days after approval by the City Commission of Ranger, Texas. PASSED AND APPROVED by the City Commission of Ranger, Texas on first reading on this [date). PASSED AND APPROVED by the City Commission of Ranger, Texas on second reading on this [date). Terry Robinson Mayor ATTEST: Andrea Rheinlander City Secretary ORDINANCE NO. 2024-12-09H AN ORDINANCE OFTHE CITY COMMISSION OF THE CITY OF RANGER, TEXAS, CREATING Al PLANNING AND ZONING COMMISSION, DEFINING ITS DUTIES AND POWERS, AND PROVIDING FOR OTHER RELATED MATTERS. WHEREAS, the City of Ranger, Texas (the "City"), recognizes the need for effective planning and orderly growth to WHEREAS, iti is ini the best interest of the City to establish a Planning and Zoning Commission to serve as an advisory WHEREAS, the City Commission desires to empower the Planning and Zoning Commission to assist in the development preserve the public health, safety, and welfare ofi its residents; body for planning, land use, and zoning matters; and ofcomprehensive plans, land use policies, and future zoning ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF RANGER, TEXAS: Section 1. Creation of the Planning and Zoning Commission There is hereby created a Planning and Zoning Commission for the City of Ranger, Texas, which shall operate asan advisory bodyt to the City Council. The Commission shall be responsible for recommending policies, regulations, and ordinances regarding land use, development, and zoning within the City. Section 2. Membership of the Commission 1. The Planning and Zoning Commission shall consist of five (5) members who are residents of the City of Ranger. 2. Members shall be appointed by the City Commission, and at least one member should have expertise or 3. The initial members of the Commission shall be appointed for staggered terms as follows: experience in urban planning, architecture, engineering, or land use. Two (2) members shall serve an initial term of one year. Two (2) members shall serve an initial term of two years. One (1) member shall serve an initial term of three years. 4. Subsequent members shall serve three-year terms, with members eligible for reappointment. 5. Int the event ofa vacancy, the City Commission shall appoint a replacement member to serve the remainder of thet term. Section 3. Duties and Responsibilities of the Commission The Planning and Zoning Commission shall have the following duties and responsibilities: 1. Comprehensive Planning: The Commission shall assist the City Commission in the development ofa Comprehensive Plan, including but not limited to land use, transportation, and environmental considerations. The Commission shall recommend long-term planning goals and strategies for the City's growth. 2. Zoning and Land Use Recommendations: The Commission shall review and make recommendations to the City Commission regarding the creation of a zoning ordinance and mapi for the City of Ranger. This includes reviewing zoning applications, amendments, or requests for changes to land use regulations and recommending 3. Review of Development Proposals: The Commission shall review site plans, plats, and subdivision proposals, and make recommendations to the City Commission regarding their approval, modification, or denial. appropriate actions. 4. Public Engagement: The Commission shall encourage public participation in planning processes, holding public hearings as necessary to gather input from the community regarding planning and zoning matters. 5. Other Duties: The Commission may undertake additional planning-related duties as assigned by the City Commission, including reviewing land use issues, recommending building code amendments, and advising on other matters related to the City'sd development. Section 4. Meetings and Procedures 1. The Planning and Zoning Commission shall meet at least once per month, or as needed, to carry out its duties. 2. All meetings of the Commission shall be open to the public, and public notice shall be provided in accordance 3. Aquorum ofa at least three (3) members shall be required to conduct business and make recommendations. 4. The Commission shall elect a Chairperson and a Vice-Chairperson from its membership. The Chairperson shall preside over meetings, and the Vice-Chairperson shall preside in the Chairpersonsabsence. 5. The City Administrator or their designee shall provide staff support to the Commission, including preparing with the Texas Open Meetings Act (Chapter 551, Texas Government Code). meeting agendas and minutes. Section 5. Compensation Members of the Planning and Zoning Commission shall serve without compensation but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties, as approved by the City Commission. All recommendations of the Planning and Zoning Commission shall be submitted to the City Commission for final approval. The City Commission may accept, modify, or reject any recommendations made by the Commission. The Commission shall not have the authority to enact ordinances or regulations, except as specifically: authorized by the City Section 6. City Council Approval of Commission Recommendations Commission. Section 7. Severability Ifany provision of this Ordinance is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 8. Effective Date This Ordinance shall take effect immediately upon its adoption by the City Commission of the City of Ranger, Texas. PASSED AND APPROVED by the City Commission of Ranger, Texas on first reading on this 12/09/2024 PASSED AND APPROVED by the City Commission of Ranger, Texas on second reading on this [Date] [Mayor's Signature] Terry Robinson, Mayor City of Ranger, Texas [City Secretary's Signature] Andrea Rheinlander, City Secretary City of Ranger, Texas Investment Summary Quote Number 01-2024-7066521 Company Information City of Ranger 400 WI Main St Ranger, TX 76470-1219 United States AP Executive Contact Vance Lipsey Primary dhmenageroranerxoz (254)210-1699 ($ 25 Total Employees $0.00 Implementation Costs Expiration 1/4/2025 $7,093.75 Total Annual Investment ADP Sales-Associate Brody Concelman DSSBSTLM HRO brodyroncemaneapcon (412)267-5772 ** The Implementation Costs and Total Annual Investment listed out on this Investment Summary are estimates based on the services, frequencies, recurring rates and pay counts outlined on the sales order and are shown for illustrative These numbers are not binding amounts and shall not become incorporated into or made a part of any sales order purposes or services only. agreement governing the services contemplatedtherein. This jsaProposal only Fees are estimates and are subject tos change. Additional Fees may bei incurred If other or fort tax filings including, but not limited to, additional states or 'appliedi for statuses. Please consult withy your sales services representative are purchased further details. Additional W2 processing fees apply. 02023 ADP, Inc ADP and the ADP Logo: are registered trademarks Inc. [ADPG Checki isat frademark of ADP, Inc. andisan registereds service mark of ADP. incJ for OfADP, Sales Order Quote Number 01-2024-7066521 Company Information City of Ranger 400 W Main St Ranger, TX 76470-1219 United States AP Executive Contact Vance Lipsey Primary armansgerorangerxaoy (254) 210-1699 Recurring Fees and Considerations Number of Employees: 25 on City of Ranger Per Processing Workforce Now Payroll Solutions Essential Plus Payroll Enhanced HR Essential Time Employment and Income Verification Additional Jurisdiction (if applicable) International Employees Rate (if applicable) Courier Delivery (if applicable) Annual Processing Year End Forms, W2s or 1099s Total Annual Investment Workforce Now! Services Other Considerations Implementation Total Other Considerations Implementation and One-Time Fees Discount Value Total Net] Implementation and One-Time Fees Count Min 25 25 Base $100.00 $6.75 Rate Bi-Weekly Annual $6,987.50 $0.00 $268.75 $0.00 2+ $11.00/month $3.10/month $20.00 per delivery Rate $4.25 Count Min 25 Base Annual $106.25 Total Annual $7,093.75 Total Total Setup $4,700.00 ($4,700.00) $0.00 Thisi Isa Proposal only. Fees are estimates and are subjecti to change. Acditional Fees may beincurred ifother services ares purchased orfort taxi filings including, butnot Iimited 10. additional statesor applied for Statuses, Please consulp With, your sales representative jor further details. - Additional W2 processing fees applys 62023 ADP, inc. ADP and thes ADP Logp arer registered trademarks OADR Incal IADP Checkisamademaink ot ADR inc. andisal registeredservice markob ADP. Inc Sales Order Quote Number 01-2024-7066521 AP Important Project and Billing Information Billing for Payroll Processing Services, HCM and any module bundled into the single per employee per processing fee for payroll, is billedi immediately followingt the client's first payroll processing. Thel billing counti is based on the number of pays Unemployment Claims in excess of the 10% claims cap will be billed at $36.00 per claim. The fee for optional hearing representationi Is $155.00 per appearance. Attorney representation required in certain states and is subject to change (currently: AZ, DE, KY, MO, NC, SC, SD, and WV). Representation fee not to exceed actual attorney fees. Optional service available through non-ADP affiliated attorneys. Attorneys will be retained on behalf of client for limited purpose of representing Client at the hearing. No referral fee applies. No attorney-client relationship exists or will be formed between Client intends to use Direct Deposit and Paycard and be fully paperless for Employee Pay Statements using ADP Self Service and/or ADP Mobile App to view all Pay and W2i information. By doing sO, ADP will not charge a delivery fee unless something Client will receive 6 months free spread over 2 years, applying to months 7-9 and 19-21 from each product/controls billing start date (also referred to as the Promotional Period). Items specifically excluded: implementation, tax and banking (including reverse wire), jurisdiction, year-end, maintenance and professional Services fees. Actual promotional value may vary based on a number of reasons, including but not limited to: start date, number of processings and employees paid during the promotional submitted during each processing period, therefore total billing may fluctuate. ADP and Client. isi int fact delivered. Promotion month(s). Services added after the date hereof are not eligible for the Promo. Other ADP's Fees for Service will be debited directly out of client's bank account oft their choosing seven (7) days from invoice date. ADP will send invoices to lymanagererangervagor Expiration Date:1 1/4/2025 Summary Estimated Annual Net Investment: both ADP and Client. $7,093.75 Total Net Implementation: $0.00 The ADP Services listed ont this Sales Order and thet fees for such services set forth above are not final and remain subject to approval by ADP Finance in all respects. Once final, Client will receive ar revised final, executable sales order to be signed by This Isa Proposal only Fees are estimates and are subject toc change. Additional Fees may bei ncurredifother services aret purchased orfor tax flings including, but not limited to, additional states or applied for statuses. Please consult with your sales representative further details. Additional W2 processing fees apply. 2023 ADP. Inc. ADP andi the ADP Logo are registered trademarks OfADP, for Inc. TADP Checkisatrademank OFADR, Inc. andi isa registered services mark ob ADP, Incj Sales Order Quote Number 01-2024-7066521 Workforce Now Included Services Essential Plus Payroll Tax Filing Service Payment Services Reports Library and Custom Report Writer Wage Garnishment Processing Group Term Life Auto Calculation Intelligent Insights for Employee Issue Resolution Online Reports and Pay Statements Employee Development Tracking Paid Time Off Accruals Engine Multiple Languages & Currencies Country Specific Workflows & Processes Country Specific Formatting & Custom Fields Search & Audit Functionality Communication Broadcasts Essential Time Time Collection PTO Management & Reporting Request & Approval Workflows ADP Portal with Customized Content Employment and Income Verification Commercial Employment and Income Verifications Social Services Verifications Workers Compensation Verifications AP Employee and Manager Self Service Access to Mobile Apps Employee Discount Program New! Hire Reporting General Ledger Solution Conversational Virtual Assistant Wisely Pay Card Services Compliance Reporting Organization Charting Policy Acknowledgement Total Rewards Statements Enhanced HR Automated Employee Experience Workflows Secure Online Document Storage with Role Based Security, Employee Feedback and Sentiment Surveys Rule Based Calculations Scheduling Mobile Access Paid Time Off Accruals Client access to Electronic Reports and Tools Immigration Verifications Thank you for your consideration This Isas Proposalonly, Fees are estimates and ares subject tos change. Additional Fees may be Incurredi Jtother services are purchased orfort taxi filings) including, butr not) limitedt to. additional states or applied for statuses. Please consuit with your sales representative for urfhner details. - Additional W2 processing fees appiy 62023 ADR, Inc. ADP and the ADP Logos are registered trademaks OfADB Inc. TADP Check isatrademark ot ADR inc. andisaregistered: service maricot ADP. IncJ ADP GLOBAL MASTER SERVICES AGREEMENT Effective Date: 20 City of Ranger 400' WI Main St Ranger, TX 76470-1219 As between: ADP, INC. (Referred to int this agreement as "ADP"). One ADP Boulevard Roseland, NJ 07068 -and- (Referred to in this agreement as "Client") ADP and Client agree that ADP shall provide Client with the following services in accordance with the terms set forth in this Global Master Services Agreement and the applicable Sales Order (as defined herein): ADPI Payroll Services - delivered via ADP Workforce Now ADPI Document Cloud ADP Marketplace ADP Time & Attendance Services Employment Verification Services ESS&I MSS Technology Human Resources Administration Services delivered via ADP Workforce Now Appendices Appendix: Datal Privacy PROPRIETARY AND CONFIDENTIAL TO ADP, INC. Global Master Terms and Conditions Definitions 1.1 ADP HCM Services. Only those Services, as defined below, that have been purchased by Client (as listed on the cover page, a Sales 1.1.1 ADP Document Cloud. Integrated solution to support maintenance and retrieval of employee-specific documents via cloud- 1.1.2 ADP Marketplace. Enable Client to build applications and/or purchase available applications via online store. Provide access to certain Client data stored in ADP systems viai industry-standard Application Programming Interfaces (APIs). 1.1.3 ADP Payroll Services. Administration and processing of payroll including performing gross-to-net calculations and 1.1.3.1 ADP Employment Tax Services. Coordination of payroll-related tax and/or regulatory agency deposits, filings 1.1.3.2 ADP Wage Garnishment Payment Services. Garnishment payment processing and disbursement of 1.1.3.3 ADP Wage Payment Services. Payment of) wages, commissions, consulting fees, or similar compensation or 1.1.3.4 Print and Online Statement Services. Print and distribution of payroll checks, pay statements, and/or year-end 1.1.3.5 State Unemployment, Insurance (SUI) Management Services. ADP becomes the unemployment insurance 1.1.4 ADP Time & Attendance Services. Support of time-related services, including time data collection, employee scheduling, 1.1.5 ADP Workforce Now. ADP's web-based portal which provides a single point of access to ADP online solutions and employee-facing: websites and resources related to payroll, HR, benefits, talent, and time and attendance. 1.1.6 Employment Verification Services. Management of employment and income verification requests. 1.1.7 ESS & MSS Technology. Employee self-service (ESS) and Manager self-service (MSS) functionality provides all Client Users (practitioners, managers and employees). 24x7 online access to ADP Application Programs. 1.1.8 Human Resources Administration Services. Administration of human resource functions using a unified system to () process and audit employee lifecycle events, () automate workflows to manage, improve, and scale human resource communication processes, task assignment and form completion, and (ii) provide compliance tracking, reporting, including new! hire reporting, and approval processes via self-service/direct access, and also including: 1.1.8.1 WFN El-9 Services. Electronic I-9 administration and onboarding services to help facilitate and manage I-9 and Order or otherwise) will be applicable. based technology. generating and/or transmitting of payment instructions, and also including: and reconciliations on! behalf of employers. payments to appropriate Payees as directed by Client. work-related expenses in the employment context to employees and independent contractors via direct deposit, check or payroll debit cards, ine eachcase onlyt tot the extent applicable. statements, as well as online posting of pays statements and/or year-end statements. related information to ADP and Client receives a quarterly summary of all claims. address of record. ADP requests the state to send unemployment insurance claims, charges, tax rates and timecard reviews and approvals, and consistent application of time-related policies. related employment eligibility verification processes. 1.2 General 1.2.1 "ADP" has the meaning set forth ont the cover page. by ADP in connection with the Services. 1.2.2 "ADP Application Programs" means the computer software programs and related Documentation, including any updates, modifications or enhancements thereto, that are either delivered or made accessible to Client through a hosted environment 1.2.3 "ADPCheck" means checks printed and distributed by ADP to Payees pursuant to Client's direction. 1.2.4 "ADPCheck Services" refers to ADP's payment of Client's Payees for Permitted Payments through ADPCheck. 1.2.5 "ADP Direct Deposit Services" means ADP's full service direct deposit services which includes ADP's payment of Client's Payees who have elected to receive Permitted Payments by direct deposit into an account at a financial institution of such 1.2.6 "Affiliate" means, with respect to any entity, any other entity that controls, is controlled by or under control with such first entity. For purposes of this Agreement, "control" (or variants ofi it) means the ability, whether directly or indirectly, to direct the management and corporate policies and actions of an entity by means of ownership, contract or otherwise. Client's Affiliates Payee's selection. do noti include third parties for whom Client is as service provider or provides outsourcing services. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. 1.2.7 "Agreement" means this Global Master Services Agreement, consisting of the signature pages, the Global Master Terms and Conditions, all exhibits, annexes, appendices, addenda and schedules, and each Amendment, ifany. 1.2.8 "Amendment" means a written amendment to this Agreement modifying, supplementing or amending the terms and 1.2.10 "Biometric Data" includes the information collected by timeclocks and software that use finger and/or hand scan technology, 1.2.11 "Biometric Identifier" means a retina ori iris scan, fingerprint, voiceprint, or scan of hand or face geometry. 1.2.12 "Biometric Information" means any information, regardless of how it is captured, converted, stored, or shared, based on an 1.2.13 "Biometric Services" means services provided by ADP to Client via the use of timeclocks and software in connection with ADP's provision of Time & Attendance Services, to the extent such timeclocks or software collect, store or use Biometric 1.2.14 "Biometric User" means Client's employees or independent contractors who use Biometric Services to record their 1.2.15 "Business Day" means any day, except a Saturday, Sunday or a day on which ADP's bank is not open for business in the conditions oft this Agreement. 1.2.9 "API" means application programming interface. which potentially mayi include Biometric Identifiers and Biometric Information. individual's biometric identifier used toi identify an individual. Data. attendance, hours worked or other work-related data. applicable jurisdiction where services are provided by ADP. 1.2.16 "Cardholder" means the Payees of Client who reçeive a Pay Card. 1.2.17 "Client" has the meaning set forth ont the cover page. 1.2.18 "Client Content" means alli information and materials provided by Client, its agents or employees, regardless of form. 1.2.19 "Client Group" means Clienta and Client's Affiliates listedi int the Sales Order who are authorized to receive the Services. 1.2.20 "Client Infringement Event" means () any change or enhancement. in, or use of, the Services by Client or a third party on Client's behalf other than at the direction of, oras approved by, ADP or (i) Çlient's failure to use the most current release or version of any computer software. programs included in the ADP Application Programs or any corrections or enhancements provided by ADP thereto (to the extent ADP requires Client to use the most current release or version of 1.2.21 "Confidential Information" means all trade secrets, processes, proprietary data and documentation and any pricing and product information, Personal Data, the terms of this Agreement, and any other information that is confidential or proprietary provided by the disclosing parly to the receiving party for use in connection with the Services or this Agreement, but does not include information that () the receiving party already knows prior to its disclosure by the disclosing party, (i) becomes generally available to the public, except as a result of disclosure by the receiving party in violation of this Agreement or 1.2.22 "Data Security Breach" means a security breach as defined by applicable law or any incident that compromises the 1.2.24 "Documentation". means all manuals, tutorials and related materials that may be provided or made available to Client 1.2.26 "E-Verify" means the DHS's employment eligibility verification program which allows participating employers to electronically verify the employment eligibility ofe each newly hired employee and/or employee assigned to a covered federal contract. software any computer programs, the implementation of such shall be at no charge to Client). becomes known (ii) tot the receiving party on a non-confidential basis from a source other than the disclosing party. confidentiality, integrity, or availability of Personal Data. 1.2.23 "DHS" means the U.S. Department of Homeland Security. 1.2.25 "Effective Date" has the meaning set forth on the cover page. ADPi in connection by with the Services. 1.2.27 "Form I-9" means the employment eligibility verification form issued by the DHS. 1.2.28 "FCRA" means the Fair Credit Reporting Act, 15 U.S.C.51681 et seq. 1.2.29 "Global Master Terms and Conditions" means the terms and conditions contained in the main body of this document 1.2.30 "Go-Live Date" means the date of commencement oft the first live processing of any given Service. 1.2.31 "I-9 Handbook" means the current USCIS Handbook for Employers: Instructions for Completing Form 1-9 (M-274). following the signature pages. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. 1.2.32 "Identity! Verification Documents" means the documents that meet the federal requirements for verifying a Payee's identity and eligibility to work in the U.S. (e.g., () a passport, () aU.S. issued driver's license or picture identification card issued state or federal agency and social security card, or (ii) aU.S. issued driver's license and birth certificate). 1.2.33 "implementation: Services" means the Services to! be performed in order to commence ongoing Services. U.S.1 bya 1.2.34 "Improvements" has the meaning set forth in Section! 5.4. 1.2.35 "Indemnitee" has the meaning set forthi in Section 6.3. 1.2.36 "Indemnitor" has the meaning set forthi in Section 6.3. 1.2.37 "Intellectual Property Rights" means all rights, title and interest to or in patent, copyright, trademark, service mark, trade 1.2.38 "Internal Business Purposes" means the usage of the Services, including the ADP Application Programs, exclusively secret, business or trade name, know-how and rights ofas similar or corresponding character. the by Client Group for its own internal business purposes, without the right to provide service bureau or other data processing services, or otherwise share or distribute the Services. 1.2.39 "Issuing Bank" means thet financial institution selected by ADP that issues the Pay Card. 1.2.40 "NACHA" means the National Automated Clearing House Association. wwwconsumer.ftc.gowaparicesnstoo2rakcetofumisherspdt: 1.2.41 "Notice to Furnishers" means with respect to Employment Verification Services, the notice provided to a furnisher of information pursuant to the Obligations of Furnishers of Information provided at the following URL: https:!! 1.2.42 "Payee" means any intended recipient of payments under the Payment Services and may include Client's employees, taxing authorities, governmental agencies, suppliers, benefit carriers and/or other third parties; provided that in the case of ADP 1.2.43 "Payment Services" means Services that involve electronic or check payments being made by ADP to third parties on 1.2.45 "Pay Card Services" refers to ADP's payment of Client's Payees through a Pay Cardi issued by the Issuing Bank. 1.2.46 "Permitted Payment" means the legal payment of wages, commissions, consulting fees or similar compensation or work- 1.2.47 "Personal. Data" means any information relating to an identified or identifiable natural person.. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors 1.2.49 "Sales Order(s)" means the document(s) between the parties that lists the specific Services purchased by Client Group from 1.2.50 "Services" means the services listed on the cover page of this Agreement (including Implementation Services related thereto and ADP Application Programs), and such other services as the parties may agree to be performed from time tot time. Wage Payment Services, Payee shall be limited to Client's employees and independent contractors. Client's behalf and ati its direction. 1.2.44 "Pay Card" means the pre-paid card issued to Client's Payees for Permitted Payments. related expenses int the employment context. specific tos such person's physical, physiological, mental, economic, cultural or social identity. 1.2.48 "Regulation E" means the Federal Reserve Board, Regulation E (12 CFR: 1005). ADP. 1.2.51 "SOC1R Reports" has the meaning set forth in Section 9.1. 1.2.52 "Term" means the period beginning as of the Effective Date and ending upon termination of the Agreement. 1.2.53 Termination Event" means with respect to any party, the occurrence of any of the following: () under the applicable bankruptcy laws or similar law regarding insolvency or relief for debtors, (A) a trustee, receiver, custodian or similar officer is appointed for a party's business or property, (B) a party seeks to liquidate, wind-up, dissolve, reorganize or otherwise obtain relief from its creditors, or (C) an involuntary proceeding is commenced against a party and the proceeding is not stayed, discharged or dismissed withint thirty (30) days of its commencement, or () a party's Standard and Poor'si issuer credit rating 1.2.54 "Time & Attendance Hardware" means timeclocks and other time collection devices provided to Client by ADP in connection with the ADP Time & Attendance Services. Hardware may be purchased or provided on a subscription basis. 1.2.55 "Unauthorized Third Party" means any commercial third party or business that seeks to access or accesses ADP Application Programs using the account credentials (e.g., username and password) ofal User eveni ifs such User has provided falls to or below BB. consent. 1.2.56 "USCIS" means U.S. Citizenship and Immigration Services. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. 1.2.57 "User" means any single natural person who, subject to the terms of this Agreement, is an employee or independent 1.2.58 "Verification Agent" means ADP and its subcontractors, as authorized by the Client, to perform Employment Verification 1.2.59 "Verification Data" means employment and income information disclosed on the Client's behalf in connection with 1.2.60 "Verifiers" means commercial, private, non-profit and government entities and their agents that wish to obtain or verify Client's employees or former employees Verification Data in connection with Employment Verification Services. contractor of Client authorized by Client to use, access or receive the Services. Services. Employment Verification Services. any Provision and Use of Services 2.1 Provision of Services. ADP, or one of its Affiliates, will provide the Services to Client Group in accordance with the terms of this Agreement. ADP will provide the Services in a good, diligent and professional manner in accordance with industry standards, utilizing personnel with al level of skill commensurate with the Services to be performed. ADP's performance of the Services (including any applicable implementation activities) is dependent upon the timely completion of Client's responsibilities and obligations under this Agreement. Without limitation of the foregoing, Client will timely provide the Client Content necessary for ADP to 2.2 Cooperation. ADP and Client will work together to implement the Services. Client will cooperate with ADP and execute and deliver all documents, forms, or instruments necessary for ADP to implement and render the Services. Client will provide ADP with all reasonable. and necessary Client Content in the format requested by ADP, and will otherwise provide all reasonable assistance 2.3 Use of Services. Client will use the Services in accordance with the terms of this Agreement and solely for its own Internal Business Purposes. Client will be responsible for the use of the Services by the Client Group and the Users in accordance with the terms of this Agreement. Client understands and agrees that only Users are permitted't to access and use ADP Application Programs (and that access by! Unauthorized Third Parties is not permitted). and will reasonably cooperate with ADP to limit access to such persons. Client is responsible for the accuracy and completeness of the Client Content provided to ADP. ADP Workforce Now is designed for the United States and Canada and enables the processing of HR data for global human capital management needs. Client may, at its discretion, enable ADP Workforce Now functionality in other jurisdictions, except when prohibited by applicable law. ADP makes no representation or warranty that such global use çomports with any local laws, regulations or directives outside the United States and Canada. Furthermore, if Client during the implementation process or as part of the ongoing Services configures the ADP Application Programs to process additional data elements beyond those data elements that àre required by ADP to perform the Services, Client will remain solely responsible for such configurations, including the processing of Personal Data pursuant to applicable law. 2.4 Errors. Client will promptly review all documents and reports produced by ADP and provided or made available to Client in connection with the Services and promptly notify ADP of any error, omission, or discrepancy with Client's records. ADP will correct such error, omission or discrepancyand, ifsuch. error, omission or discrepancy was caused by ADP, then such correction promptly will 2.5 Records. Unless expressly included as a part oft the Services, and without prejudice to ADP's obligation tor retain the data for the provision of the Services, ADP does not serve as Client'srecord keeper and Client will be responsible for retaining necessary of all documentation received from or provided to ADP in connection with the Services to the extent required by law or Client's copies internal the provide Services. required of Clienti ino order for ADP to successfully implement the Services. be done at no additional. charge to Client. policies. 3 Compliance 3.1 Applicable Laws. Each party will comply with laws and regulations that affect its business generally, including any applicable anti- 3.2 Design of the Services. ADP will design the Services, including the functions and processes applicable to ADP's performance of the Services, to assist the Client in complying with its legal and regulatory requirements applicable to the Services, and ADP will be responsible for the accuracy ofsuch design. Client and not ADP will be responsible for @) how it uses the Services to comply with its legal and regulatory requirements and (i) the consequences of any instructions that it gives to ADP, including as of the implementation of the Services, provided ADP follows such instructions. Services do not include legal, financial, part 3.3 Online Statements. If Client instructs ADP to provide online pay statements, Forms W2, Forms 1099, or Forms 1095-C without physical copies thereof, Client will be exclusively responsible for determining if and to what extent Client's use of 3.4 Pay Card Services. Notwithstanding anything to the contrary in Section 3.2, ADP shall be responsible for compliance with requirements of Regulation E applicable to financial institutions with respect to prepaid card accounts, provided Client will fulfill the compliance responsibilities of Regulation E that Client controls, including: (a). Client will distribute to its Payees all documentation (including without limitation, Pay Card fee schedule and Cardholder Terms and Conditions) that ADP makes available distribution purposes, and (b) Client will not mandate or unduly influence that any Payee receive Permitted Pay Card; in lieu of such mandate, Client will provide to Payees other legally permissible options for Payments of only Permitted on Payments. Client agrees that it will not rely solely on its use of the Pay Card Services in complying with any laws payment and governmental regulations and that it will comply with the financial. industry rules and compliance standards imposed networks or associations (e.g., related tos such things as card security andi fraudulent or impermissible use of by Pay various Cards). card/payment bribery, export control, computer fraud and data protection laws. benefits, accounting or tax advice. resulting from such determinations. any regulatory, online statements, Forms W2, Forms 1099, or Forms 1095-C satisfies Client's obligations under applicable laws and the consequences pay to Client the for PROPRIETARY AND CONFIDENTIAL TOA ADP, INC. 3.5 Data Privacy Appendix. The Data Privacy Appendix is attached as an appendix to this Agreement. Confidentiality 4.1 General. All Confidential Information disclosed under this Agreement will remain the exclusive and confidential property of the disclosing party. The receiving party will not disclose to any third party the Confidential Information of the disclosing party and will use atl least the same degree of care, discretion and diligence in protecting the Confidential Information of the disclosing party as it uses with respect to its own confidential information. The receiving party will limit access to Confidential Information to its employees and independent contractors with a need to know the Confidential Information and will instruct those employees and independent contractors to keep such information confidential. ADP may disclose Client's Confidential Information on a need to know basis to () ADP's subcontractors who are performing the Services, provided that ADP shall remain liable for any unauthorized disclosure of Client's Confidential Information by those subcontractors, () employees of ADP's Affiliates, provided such employees are instructed to keep the information confidential as set forth in this Agreement and (ii) social security agencies, tax authorities and similar third parties, to the extent strictly necessary to perform the Services. ADP may use Client's and its employees' and other Services recipients' information in an aggregated, anonymized form, such that neither Client nor such person may be identified, and Client will have no ownership interest in such aggregated, anonymized data. Client authorizes ADP to release employee-related data, and such other data as required to perform the Services, to third party vendors of Client as designated by Client from time to time. Notwithstanding the foregoing, the receiving party may disclose Confidential Information (x) to the extent necessary to comply with any law, rule, regulation or ruling applicable toi it, () as appropriate to respond to any summons or subpoena or in connection 4.2 Return or Destruction. Upon the request of the disclosing party or upon the expiration or earlier termination of this Agreement, and tot the extent feasible, the receiving party will return or destroy all Confidential Information of the disclosing party in the possession of the receiving party, provided that each party may maintain a copy if required to mèet its legal or regulatory obligations and may maintain archival copies stored in accordance with regular computer back-up operations. To the extent that any portion of Confidential Information of a disclosing party remains in the possession of the receiving party following expiration or earlier termination of this Agreement, such Confidential Information: shall remain subject to the generally applicable statutory requirements with any litigation and (z)t to the extentr necessary to enforce its rights under this Agreement. and the confidentiality protections contained in Section 4.1. Intellectual Property 5.1 Client IP. Rights. Except for the rights expressly granted to ADP in this Agreement, all rights, title and interests in and to Client Content, including all Intellectual Property Rights inherent therein and pertaining thereto, are owned exclusively by Client or its licensors. Client hereby grants to ADP for the Term a non-exclusive, worldwide, non-transferable, royalty-free license to use, edit, modify, adapt, translate, exhibit, publish, reproduce, copy and display the Client Content for the sole purpose of performing the Services; provided Client has the right to pre-approve the use by ADP of any Client trademarks or service marks. 5.2 ADP IP Rights. Except for the rights expressly granted to Client in this Agreement, all rights, title and interest in and to the Services, including all Intellectual Property Rights inherent therein and pertaining thereto, are owned exclusively by ADP or its licensors. ADP grants to Client for the Term a personal, non-exclusive, non-transferable, royalty-tree license to use and access the ADP Application Programs solely for the Internal Business Purposes int the United States and Canada and solely up to the maximum number of Users (if any) indicated in the Sales Order. The ADP Application Programs do not include any Client-specific customizations unless otherwise agreed in writing by the parties. Client will not obscure, alter or remove any copyright, trademark, service mark or proprietary rights notices on any materials provided by ADP in connection with the Services, and will not copy, recompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, such ADP materials. 5.3 Ownership of Reports. Client will retain ownership of the content of reports and other materials that include Client Content produced and delivered by ADP asa part of the Services, provided that ADP will be the owner of the format of such reports. Tothe extent any such reports or other materials incorporate any ADP proprietary information, ADP () retains sole ownership of such proprietary information and () provides the Client afully paid up, irrevocable, perpetual, royalty-free license to access and use same for its Internal Business Purposes without the right to create derivative works (other than derivative works to be used solely for its 5.4 mprovements. ADP will make available to Client, at no additional cost, software improvements, enhancements, or updates to any ADP Application Programs that are included in the Services (collectively "Improvements"), if and as they are made generally available by ADP at no additional cost to ADP's other clients using the same ADP Application Programs as Client and receiving the same Services as Client. All Improvements provided under this Section 5.4 shall be considered part of the ADP Application Programs. If Client fails to implement Improvements provided or made available to Client by ADP, ADP shall be relieved of any responsibility for errors or degradation in the Services and shall have no obligation to provide support for the ADP Application Internal Business Purposes) ort to further distribute any oft the foregoing rights outside the Client Group. Programs. Indemnities 6.1 ADPI Indemnity. Subject to the remainder of this Section 6.1, and Sections 6.3 and 7, ADP will defend Client against any third party claims and will indemnify and hold Client harmless from any resulting damage awards or settlement amounts in any cause of action tot the extent such cause of actioni is based on a claim alleging that the Services or ADP Application Programs, as provided by ADP and used in accordance with the terms of this Agreement, infringe upon any Intellectual Property Rights of a third party in the United States. The foregoing infringement indemnity will not apply and ADP will not be liable for any damages assessed in any cause of actiont to the extent resulting from a Client Infringement Event or ADP's use of Client Content as contemplated by this Agreement. If any Service is held or believed to infringe on any third-party's Intellectual Property Rights, ADP may, in its sole discretion, () modify the Service to be non-infringing, () obtain a license to continue using such Service, or (ii) if neither () nor () are practical, terminate this Agreement as to thei infringing Service and return to Client any unearned fees prepaid by Client to ADP. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. 6.2 Client Indemnity. Subject to Sections 6.3 and 7, Client will defend ADP against any third party claims and will indemnify and hold ADP harmless from any resulting damage awards or settlement amounts in any cause of action to the extent such cause of action is based ont the occurrence. ofa Client Infringement Event or ADP's use of Client Content as contemplated byt this Agreement. 6.3 Indemnity Conditions. The indemnities set forth in this Agreement are conditioned on the following: () the party claiming indemnification (the "Indemnitee") shall promptly notify the indemnifying party (the "Indemnitor") of any matters in respect of which its seeks to be indemnified, and shall give the Indemnitor full cooperation and opportunity to control the response thereto and the defense thereof, including without limitation any settlement thereof, (i) the Indemnitor shall have no obligation for any claim under this Agreement ift the Indemnitee makes any admission, settlement or other communication regarding such claim without the prior written consent of the Indemnitor, which consent shall not be unreasonably withheld, and (ili), the Indemnitee's failure to promptly give notice to the Indemnitor shall affect the. Indemnitor's obligation to indemnify the Indemnitee only to the extent the Indemnitor's rights are materially prejudiced by such failure. The Indemnitee may participate, at its own expense, in such defense and in any settlement discussions directly ort through counsel ofi its choice. Limit onl Liability 7.1 Ordinary Cap. Notwitnstanding anything to the contrary in this Agreement and subject to the remainder of this Section 7, neither party's aggregate liability in any calendar year shall exceed an amount equal to six (6) times the average ongoing monthly Services 7.2 Extraordinary Cap. As an exception to Section 7.1, if damages arise from at breach of Section 4 (Confidentiality), Section 9.3 (Data Security) or Section 9.4 (Unauthorized Third Party Access), the Ordinary Cap will be increased by an additional six (6) times the average ongoing monthly Services fees paid or payable to ADP by Client during such calendar year for all Services (the Extraordinary Cap"). For the avoidance of doubt, in no case shall either party's aggregate liability in any calendar year under this Agreement exceed an amount equal to twelve (12) times the average monthly ongoing Services fees paid or payable to ADP by fees paid or payable to ADP by Client during such calendar year for all Services (the "Ordinary Cap"). Client during such calendar year for all Services. 7.3 Matters not Subject to the Cap. The foregoing limits on liability shall not apply to the following: 7.3.1 Client's funding obligations in connection with the Payment Services; 7.3.2 Loss or misdirection of Client fundsi inj possession or control ofv ADP due to ADP's error or omission; 7.3.3 In connection with the ADP Employment Tax Services, () interest charges imposed by an applicable tax authority on Client for the failure by ADP to pay funds to the extent and for the period that such funds were held by ADP and (i) all tax penalties resulting, from ADP's error or omission in the performanceof such Service. The provisions of this Section 7.3.3 shall only apply if (x). Client permits ADP to act on Client's behalf in any communications and negotiations with the applicable taxing authority that is seeking to impose any such penalties ori interest and () Client assists ADP as reasonably required by ADP; 7.3.4 Either party's gross negligence, or wilful, criminal or fraudulent misconduct; 7.3.5 The infringement indemnity set forth in Section 6.1 and6.2; 7.3.6 Client's biometrics indemnity set forth in Section 14; 7.3.7 Client's obligations to pay the fees for Services; and consequences arising from or related to the Services. 7.3.8 ADP's obligations to provide credit monitoring as set forth in Section 10.2. 7.4 Mitigation of Damages. ADP and Client will each use reasonable efforts to mitigate. any potential damages or other adverse 7.5 No Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT AND ONLY TO THE EXTENT PERMITTED BY APPLICABLELAW, NONE OF ADP, CLIENT OR ANY BANK WILL BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTIONS OR HARM TO REPUTATION) THAT ANY OTHER PARTY OR RESPECTIVE CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing exclusion shall not apply to claims for consequential damages arising from () ADP's or Client's gross negligence or willful, criminal or fraudulent misconduct, (i) Client or Client's Users sharing or allowing access to a User's password, User ID, or other. form of user authentication, or (ii) ADP's or Client's breach or breaches of Section 4.1 or Section 9.3 under this Agreement; provided. however, that any consequential damages recovered by Client or ADP in a calendar year for claims AFFILIATES ITS MAY INCUR OR EXPERIENCE IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, HOWEVER pursuant to Seçtions 7.5(i) and 7.5(ii) will be subject to the Extraordinary Cap set forth in Section 7.2 above. 8.1 Warranties. Each party warrants that () it has full corporate power and authority to execute and deliver this consummate the transactions contemplated hereby and (i) this Agreement has been duly and constitutes the valid and binding agreement of the parties, enforceable in accordance with its terms. validly Warranties and Disclaimer and executed Agreement to and delivered and 8.2 DISCLAIMER. EXCEPT. AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL SERVICES, ADP APPLICATION PROGRAMS AND EQUIPMENT PROVIDED BY ADP OR ITS SUPPLIERS ARE PROVIDED "AS IS" AND ADP AND ITS LICENSORS AND PROPRIETARY AND CONFIDENTIAL TO ADP, INC. SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-NTERRUPTION OF USE, AND FREEDOM FROM PROGRAM ERRORS, VIRUSES OR ANY OTHER MALICIOUS CODE, WITH RESPECT TO THE SERVICES, THE. ADP APPLICATION PROGRAMS, ANY CUSTOM PROGRAMS CREATEDI BY ADPOR ANY THIRD-PARTY SOFTWARE DELIVERED BY ADP AND RESULTS OBTAINED THROUGH THE USE THEREOF. Security and Controls 9.1 Service Organization Control Reports. Following completion of implementation of any applicable Services, ADP will, at Client's request and at no charge, provide Client with copies of any routine Service Organization Control 1 reports ("SOC 1 Reports") (or any successor reports thereto) that are both directly related to those Services provided hereunder for Client and already released to ADP by the public accounting firm producing the report. SOC 1 Reports are ADP Confidential Information and Client will not distribute or allow any third party (other than its independent auditors) to use any such report without the prior written consent of ADP. Client will instruct its independent auditors or other approved third parties to keep such report confidential and Client will remain liablet for any unauthorized disclosure ofs such report by its independent auditors or other approved third parties. 9.2 Business Continuity; Disaster Recovery. ADP maintains a commercially reasonable business continuity and disaster recovery 9.3 Data Security. ADP has an established information security program containing appropriate administrative, technical and physical measures to protect Client data (including. Personal Data) against accidental unlawful or unauthorized destruction, alteration, unauthorized disclosure or access consistent with applicable laws. In the event ADP suspects any unauthorized access to, or use of, the Services and ADP Application Programs, ADP may suspend access' to the Services to the extent ADP deems necessary to 9.4 Unauthorized Third Party Access. Client and its Users are responsible for maintaining the seçurity and confidentiality of any password, User ID, or other form of user authentication involved in obtaining access to ADP Application Programs, and Client and its Users shall not disclose any confidential account access credentials or related information to Unauthorized Third Parties. 10.1 Notification. If ADP becomes aware of a Data Security Breach of Client's Personal Data, ADP will take appropriate actions to contain, investigate and mitigate the Data Security Breach. ADP shall notify Client without undue delay after becoming aware that a Data Security Breach has occurred, unless otherwise required or instructed by law enforcement or regulatory authority. ADP will share information ini its possession with Client for Client to determine any regulatory reporting obligations required by applicable law. 10.2 Other ADP Obligations. In the event that a Data! Security Breach is the result of the failure of ADP to comply with the terms of this Agreement, ADP shall, to the extent legally required or otherwise necessary to notify the individuals of potential harm, bear the actual, reasonable costs of notifying affected individuals. ADP and Client shall mutually agree on the content and timing of any such notifications, in good faith and as needed to meet appliçable legal requirements. In addition, where notifications are required, and where such monitoring is practicable and customary, ADP shall also bear the cost of one year of credit monitoring to affected 11.1 Fees and Fee Adjustments. Client shall pay to ADP the fees and other charges for the Services as set forth int the Sales Order. The recurring Services fees (excluding delivery, tax and banking (including reverse wire), jurisdiction, year-end and maintenance fees) will remain fixed during the first six (6) months following the Effective Date, and thereafter ADP may modify the fees on an annual basis upon thirty (30) days' prior written notice to Client. The fees presented in any Sales Order were calculated based upon particular assumptions relative to Client requirements (including funding requirements), specifications, volumes and quantities as reflected in the applicable Sales Order and related documentation, and if Client's actual requirements vary from what is stated, ADP 11.2 Additional Services and Charges. Any Services provided to Client but not included in a Sales Order will be provided subject to the terms oft this Agreement and charged at the applicable rates as they occur; and those services will be considered to be "Services" for purposes of this Agreement. Additional charges may be assessed Client in relation to the performance of the Services in certain circumstances, including without limitation, late funding, an insufficient funds notification and emergency payment requests from 11.3 Fees for Implementation Services. Implementation fees are due and payable by Client upon the Go-Live Date for such Services. However, if0 this Agreement or any Service is terminated after Implementation Services have started but before the applicable Go- Live Date or (i) Client fails to reasonably cooperate with ADP in connection with the Implementation Services such that ADP is unable to complete such Implementation Services, then ADP may terminate this Agreement or any Service upon written notice to Client and, in each case, thirty percent (30%) of the total non-discounted implementation fees set forth in the Sales Order shall be 11.4 Invoicing. ADP will notify Client of all applicable Services fees payable by Client by way of invoice or other method (.e. ADP's on- line reporting tool). Client will pay the amount on each invoice or such other similar document in full pursuant to the agreed upon method of payment set forth in the Sales Order. All amounts not paid when due are subject to a late payment charge of one and one-half percent (1.5%) per month (nott to exceed the maximum allowed by applicable law) of the past due amount from the due date plan and will follow such plan. preserve the security of ADP, Client or User data. 10 Data Security Breach individuals int the applicable jurisdictions. 11 Payment Terms may adjust the fees based on such changes. The fees do not include any customizations to any Service. Client. immediately due and payable by Client. until the date paid. 11.5 Currency. Client shall pay the fees in US dollars. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. 11.6 Taxes. Unless Client. provides ADP a valid tax exemption. or direct pay certificate, Client will pay directly, or will pay to ADP, an amount equal to all applicable taxes or similar fees levied or based on the Agreement or the Services, exclusive of taxes based on 11.7 Postage, Shipping, Travel and Out-of-Pocket Expenses. ADP will invoice Client for postage charges, delivery charges, other third party charges, reasonable preapproved travel expenses, and travel-related out-of-pocket expenses, as necessary to 11.8 Funding Requirements and Disbursement Disclosures. With respect to Payment Services to be deducted by ACH or Pre- Authorized Debit, Client must have sufficient good funds for payment of the payroll obligations, tax filing obligations, garnishment deduction obligations, service fees (as applicable), expenses, and any other applicable charges, to be direct debited wage from Client's designated account no later than one (1) Business Day prior to the pay date for the applicable payroll (in the case of payroll processing services), or as otherwise agreed by the parties. For reverse wire clients, funds must be available (a) by 6:00 a.m. Pacific time on the Business Day immediately before the associated payroll check date (in the case of the ADP Employment Tax Services) and (b) by 6:00 a.m. Pacific time two (2) Business Days prior to the associated payroll check date for all other Payment Services. In consideration for the additional costs incurred by ADP in providing wire transfer service, Client agrees to pay a reasonable fee for each wire transfer. Notwithstanding the foregoing, ADP reserves the right to modify the aforementioned 11.9 Change Control. In the event either party requests a change in the scope of Services (including implementation services) or parties shall address such change request, if possible via ADP's change control process. Change Control Items and the cost associated with such changes (if any) to the Services shall be mutually agreed to by the parties and shall be defined in a statement of work agreed to by the parties, with. the exceptions of Change Control Items that are required to be made by law or regulation applicable tot the Services or to the duration of implementation services, which ADP willr notify Client of prior to making the change. 12.1 Term; Termination for Convenience. This Agreement will commence on the Effective Date and remain in effect until terminated by either party in accordance with the terms hereof. Either party may terminate this Agreement or any Service upon ninety (90) days' 12.2 Termination for Cause. Either party may terminate this Agreement for the other's material breach, of this Agreement if such breach is not cured within sixty (60) days following notice thereof or int the event either party is the subject ofa Termination Event. In addition, ADP may terminate this Agreement in the event Client fails to timely pay fees for Services performed within ten (10) days following notice that such fees are past due. ADP may also terminate this Agreement or the Services immediately on written notice to Client if the provision of Service to Client causes or will cause ADP or its Affiliates to be in violation of any laws, rules or regulations applicable 12.3 Suspension. Without limiting the foregoing, the parties agree that Payment Services involve credit risk to ADP. Payment Services may be suspended by ADP (A) immediately following notice to Client () that Client has failed to remit sufficient, good and available funds within the deadline and via the method of delivery agreed upon as it relates to the applicable Payment Services, or any rules promulgated. by the NACHA (or other similar local regulator), as it relates to ADP conducting ACH similar payment) transactions on behalf of Client, and (B) with 24 hour notice if: () a bank notifies ADP that iti is no longer willing to originate debits from Client's account(s) or credits for Client's behalf for any reason or () the authorization to debit Client's account is terminated or ADP reasonably believes that there is or has been fraudulent activity on the account. If the Payment Services are terminated ors suspended pursuant to Sections 12.2 or 12.3, Çlient acknowledges that ADP shall be entitled to allocate any funds in ADP's possession that have been previously remitted or otherwise made available by Client to ADP relative to the Payment Services in such priorities as ADP may determine appropriate, including reimbursing ADP for payments made by ADP on Client's behalf to a third party. Ifthe Payment Services are terminated by ADP, Client understands that itv will (x) immediately become solely responsible for all of Client's third party payment obligations coveréd by the Payment Services then or thereafter due (including, without limitation, for ADP Employment Tax Services, any and all penalties and interest accruing after the date of such termination, other than and interest for which ADP is responsible under Section 7.3.3), and (y) reimburse ADP for all payments properly made by penalties ADP on behalf of Client to any Payee, which has not been paid or reimbursed by Client. If the Payment Services remains suspended for 30 12.4.1 Additional Termination Provisions for Pay Card Services. In addition to any other terms and conditions of the Agreement, ADP may terminate the Pay Card Services as follows: () the Pay Card Services (or any feature thereof) in designated jurisdiction may be terminated on 60 days' notice to Client if ADP. or the Issuing Bank believes that any any in any card network rules or NACHA rules, or changes to, or interpretations of, applicable law by any federal, state changes or local governmental authority, or any formal or informal order, instruction or directive communicated to ADP or the Issuing Bank by such authority make it commercially impractical to continue to provide the Pay Card Services (or any feature thereof) in or () the Issuing Bank cancels the Pay Cards issued on behalf of Client (e.g., due to Client's non-complance with its obligations) or advises ADP that iti is no longer willing to service the Pay Card, provided that in such later instance ADP shall take commercially reasonable steps to engage a successor Issuing Bank, and provided further that ADP shall not be liable for any delayi inp providing the Pay Card Services during such search for as successor Issuing Bank. 12.4.2 Additional Termination Provisions for ADP Employment Tax Services. If the ADP Employment Tax Services United States are terminated, Client's access to ADP websites containing Client's data will expire 90 days from the effective in the date of the termination, and Client will be responsible for downloading all relevant data, including Statements of Deposit ADP's neti income. the Services. provide deadlines ata any time and will communicate any such modifications to Client. rework required is any by ADP as ar result of a delay by Client in implementation of any Services (each a "Change Control Item"), the 12 Term; Termination; Suspension prior written notice tot the other party (except as otherwise set forthi int this Section 12). toitincluding any sanction laws applicable to ADP or any Affiliate. breaches electronic (i)ifClient (or days, the affected Payment Service shall be deemed terminated on the 31st day following suspension. 12.4 Additional Termination Provisions. jurisdiction; such (SODs) prior to the expiration of such access. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. 12.4.3 Additional Termination Provisions for Employment Verification Services. ADP may, ini its sole discretion, terminate the Employment Verification Services at any time upon 90 days prior written notice to Client should a Verification Agent notify ADP that it is no longer willing to provide the Employment Verification Services and ADP, after taking commercially 12.4.4 Additional Termination Provisions for ADP Time & Attendance Services. If ADP determines that Client has failed to comply with any potentially applicable laws and regulations applicable to the Biometric Services, ADP may, in its sole reasonable steps, cannot engage as successor Verification Agent. discretion and upon noticet to Client, immediately suspend or terminate the Biometric Services. 13 Post Termination 13.1 Scope. At any time prior to the termination of Client's access to the ADP Application Programs, Client may download Client's information or reports available toi it in conjunction with all of the Services provided to Client by ADP. Under no circumstances will ADP be required to provide any third party with access to the ADP Application Programs, ADP's intellectual property or 13.2 Past Due Amounts. If ADP has terminated this Agreement due to Client's failure to pay fees, ADP's obligations in Section 13.1 will be subject to Client's payment of all past due amounts and ADP may require Client to prepay for any services. 14.1 ADP Employment Tax Services. Thei following additional terms and conditions apply to the ADP Employment Tax Services: 14.1.1 Important Tax Information (IRS Disclosure) for U.S. Only. Notwithstanding Client's engagement of ADP to provide the ADP Employment Tax Services in the United States, please be aware that Client remains responsible for the timely filing of payroll tax returns and the timely payment of payroll taxes for its employees. The Internal Revenue Service recommends that employers enroll in the U.S. Treasury Department's Electronic Federal Tax Payment System (EFTPS) to monitor their accounts and ensure that timely tax payments are being made for them, and that online enrollment in EFTPS is available at www.ettps.gov; an enrollment form may also be obtained by calling (800) 555-4477; that state tax authorities generally offer similar means to verify tax payments; and that Client may çontact appropriate state offices Confidential any Information of ADP. 14 Additional Terms directly for details. following: 14.2 WFN El-9 Services. The following additional terms and conditions apply to the WFN EI-9 Services. 14.2.1 Use of Services. Client shall, and cause the members of the Client Group, receiving the WFN El-9 Services to do the 14.2.1.1 Review the USCIS Form I-9, which is the employment eligibility verification form issued by the DHS, including instructions int the form and the guidelines in the current 1-9 Handbook, each of which is available on the USCIS website, currently located at pM.scsgoerN. Client certifies that it has reviewed the current USCIS Form I-9 and the I-9 Handbook and that it agrees to comply with the applicable policy and procedures set forth therein, and any future new or amended policies or procedures, as required by law. Client will ensure. availability of the most recent version of the USCIS Form I-9 and the I-9 Handbook to all employees authorized to complete the USCIS Form I-9 on behalf of Client and/or its causing the applicable employee to take action to resolve) missing or incomplete Forms I-9. This includes communicating with the employee in question and the submission or resubmission of the missing or the DHS's employment eligibility verification program which allows participating employers to electronically verify the employment eligibility of each newly hired employee and/or employee assigned to a covered federal contract. The following is required asi it relates to the use of E-Verify through ADP and will apply only 14.2.1.3.1 Notify ADP of () the location(s) where Client elects to enroll; and () whether the employer Affiliates. 14.2.1.2 Client is responsible for reviewing reports available to Client ont the WFNI El-9 Services and for resolving (or 14.2.1.3 ADP executed a Memorandum of Understanding with the DHS as the E-Verify employer agent. E-Verify is incomplete Form I-9. tot the extent Clienti is using E-Verify through ADP isaf federal contractor or a federal, state or local government organization. Execute al Memorandum of Understanding with the DHS and ADP (as its E-Verify employer agent), and comply with the terms and conditions set forth therein. Review and comply with the policy and procedures contained in the E-Verify User Manual for Employers, and any superseding policy and procedures, available to Client ont the WFN To the extent the Client elects to have more than one company location participate in E- Verify, ensure all authorized users in each location have complied with all requirements of Ensure all of Client's authorized users () complete the mandated E-Verify training course and any applicable update courses administered by ADP and (i) pass a knowledge test 14.2.1.3.2 14.2.1.3.3 14.2.1.3.4 14.2.1.3.5 EI-9 Service. this Section. with the required score. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. 14.2.1.3.6 Immediately notify ADP of any updates/changes to its E-Verify employer status (e.g., Client becomes a federal contractor or Client ceases being a federal contractor). 14.2.2 Form I-9 Retention. During the term of the Agreement, ADP will store electronic copies of Forms I-9 in the WFN El-9 Services for a minimum of three years from the employee's hire date or until one year after the employee ceases to be employed by Client (or the applicable Affiliate), whichever is later (or as otherwise required by changes to federal regulations that come into effect hereafter). Upon termination or expiration of the Agreement, ADP shall use commercially reasonable methods to transfer all electronically stored Forms I-9 to Client in accordance with ADP's current security policies. Upon termination oft the WFN El-9 Services, Clients shall be solely responsible for storage of copies of Forms I-9. 14.3.1 Client Credentialing. Client understands and acknowledges that the implementation and ongoing provision of Payment Services are conditioned upon Client passing (and continuing to pass) a credentialing process that ADP may deem 14.3.2 Additional Requirements. Payment Services may be subject to the rules and standards of any applicable clearing house, payment and/or card networks or associations. Client and ADP each, agree to comply with all such rules and 14.3.3 Funding Obligations. Client acknowledges that ADP is not a lender. As such, as a condition to receiving services, Client will remit or otherwise make available to ADP sufficient, good and available funds within the agreed-to deadline and via the agreed-to method of delivery to satisfy all of Client's third-party payment obligations covered by the Agreement. ADP will apply such funds to satisfy such third-party payment obligations. ADP will not be required to provide Payment Services if ADP has not received all funds required to satisfy Client's third-party payment obligations. Client will immediately notify ADP ifit knows or should know that it will not have sufficient funds to satisfy the amounts required in connection with the Payment Services. If Client has a material adverse change in its condition, ADP may modify the funding method or deadline by which funds must bei made available to ADP for payment to Payees. Client agrees to pay toADP upon demand any amounts that have been paid by ADP to'satisfy Client's third. party payment obligations prior to 14.3.4 Investment Proceeds; Commingling of Client Funds. IF ADP RECEIVES CLIENT'S FUNDS IN ADVANCE OF THE TIME ADP IS REQUIRED TOI PAY SUCHFUNDS TO THIRD PARTIES, ALL AMOUNTS EARNED ON SUCH FUNDS, IF ANY, WHILE HELD BY ADP WILL BE'FOR THE SOLE ACCOUNT OF, ADP. ADP may commingle Client's funds with similar funds from other clients and with similar ADP and ADP-administered funds. ADP utilizes a funds control system 14.3.5 Recovery of Funds; Stop Payment Requests. Client agrees to cooperate with ADP and any, other third parties to recover funds erroneously issued or transferred to any Payee or credited to any Payee's account. If Client desires to stop payment on any cheçk or to recall or reverse any electronic payment, Client will provide ADP with as stop payment request in the form required by ADP. Client acknowledges that ADP's placement of a stop order request is not a guarantee that 14.3 Payment Services. The following additional terms and conditions apply to the Payment Services: necessary in connection with the provision of Payment Services. standards applicable toi it with respect to the Payment Services. receiving such amounts from Client: that maintains general ledger entries by client and/or by jurisdiction. such stop payment will occur. 14.4 ADPI Wage Payment Services. Thet following additional terms and conditions apply to ADP Wage Payment Services: 14.4.1 ADPCheck; Direct Deposit. Client agrees not to distribute any ADPChecks to Payees in a manner that would allow Payees to access the associated funds before. pay date. Prior to the first credit to the account of any employee or other individual under ADP Direct Deposit Services, Client shall obtain and retain a signed authorization from such employee or individual authorizing the initiation of credits to such party's account and debits of such account to recover funds credited to such account inerror. unauthorized. access or use. 14.4.2 Pay Card Services. To the extent received, Client will be responsible for securing all welcome kits to prevent 14.4.2.1 Cardholder Set-Up. Client will set-up (or cause ADP to set-up) each Payee as a Cardholder using data and procédures required by the Issuing Bank or ADP. Client shall provide the appropriate card kit to Payees (.e. payroll card kit for employees paid wages, commissions, or similar compensation and non- employee card kits fori independent contractors). Further, Client shall obtain all necessary consents of each Payee (including those switching from another paycard program) included in submitted set-up data that is required under applicable law and rules, including NACHA, for Payee to () receive payments from Client on its Pay Card: and (). participate in the Pay Card Services, and Client is responsible for reviewing and confirming that all enrollment information supplied to ADP is accurate and complete. Prior to set-up of Payee ont the Cardholder database and distribution ofal Pay Card to the Payee, Client will verify the Identity any Verification Documents. Client shall obtain from the Payee and provide to ADP the following information: (a) name; (b) residential address (a P.O. Box is not acceptable); (c) date of birth; (d) social security number; and (e) personal telephone number. Client agrees to provide any additional information as may be required by ADP or the Issuing Bank. Client will not provide a Pay Card to individuals outside the United States without the express written consent of ADP. Client further agrees that ADP or Issuing Bank (directly or through a subcontractor) may seek identity information and legal documentation directly from the Payee to verify the identity of any Payee and that a Payee may be denied Pay Card Services for several reasons, including failure to validate the personal information of the Payee. For each Cardholder, Client will make and preserve either oft the following: (1) a copy of the Identity Verification Documents; or (2) a description of the, Identity Verification Documents, noting the date reviewed, type of document, and if applicable, the PROPRIETARY AND CONFIDENTIAL TO ADP, INC. document's identification number, place of issuance and issuance and expiration date, provided Client will preserve a copy of all Identity Verification Documents for Payees who are form 1099 independent contractors. Client shall retain such documentation during the time that such Payee is a Cardholder until the earlier of (x) five years from termination of Client's obligation to make payments to such Payee or (y) five years from termination ofs such Payee's Pay Card account; provided, however, that in the event al longer retention period is required for the Issuing Bank or ADP to meet its legal obligations, as a result of a change ina applicable law or official interpretations thereof, ADP shall provide notice of such longer retention period Card or Client enroling a Payee for an instant issue Pay Card, Client shall provide each Payee with the notice required under the USA Patriot Act which reads as follows: "IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW PREPAID CARD ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open a prepaid card account, we may require your name, address, date of birth, social security number, taxi identification number and other information that will allow us toi identify you. We may also ask to see your driver's license or other identifying documents." The USA Patriot Act notice may be updated from time to time by ADP or the Issuing Bank. Prior to or in conjunction with distributing a Pay Card to any Payee, if applicable, Client shall remove the account routing information from the card kit. Client shall not, disclose or make available any such account routing (ABA/DDA) number to any Payee and shall always direct Payees to the Cardholder services telephone number to obtain such account routing (ABA/DDA) number. Payees must accept the Cardholder Terms and Conditions, and the Pay Card may be cancelled by ADP or the Issuing. Bank at any time in accordance with the Cardholder Terms and Conditions. Client will provide Cardholders with any otheri information and materials regarding the Pay Card Services provided toitf from time to time as determined by ADP. The amounts to be Joaded to each Cardholder's Pay Card will be provided to ADP by Client through one of ADP's standard pay transmission methods available to Client paid via an alternate pay method in such instances where a Cardholder's Pay Card has not been activated, has terminated, cancelled or is in inactive status and even if a Payee has consented to receive their Permitted Payments by. the Pay Card. Client will direct Cardholders to ADP's Cardholder services with respect to any Card inquiries, to resolve all disputes regarding their Pay Card and to report any lost or stolen Pay Cards, provided Client will resolve disputes by Cardholders regarding amounts credited or debited to the Pay Cards at the request of Client (e.g., credits as a result of payroll). Client understands that itis not entitled to access or review any Cardholder transaction information and that it has no right to draw! back any amounts funded to the Pay Card other than due to an error. Notwithstanding. the foregoing, in limited circumstances (e.g., where necessary to investigate or prevent fraud) and consistent with the applicable Cardholder privacy notice, ADP may provide certain Cardholder transaction information to Client. Cardholders may receive notices, mailings and other communications related to the Card and Card features (e.g., secondary cards, card portability, reward programs, etc.) from or on behalf of ADP or the cançellation by the Issuing Bank at any time in accordance with the Issuing Bank's Cardholder Terms and Conditions. The Pay Çard Services may be modified as required by the Issuing Bank and as ADP may deem appropriate to assist ADP or the Issuing Bank in complying with its obligations, including legal and card kit prior to activation of the Pay Card will be applied to the Pay Card and are the responsibility of the Cardholder. Such Cardholder fees are subject to change in accordance with the Cardholder Terms and Issuing Bank and any regulatory authorities with jurisdiction over the Issuing Bank or ADP shall have the right to inspect Client's books and records related to Client's use of the Pay Card Services and Client's Conditions, Client agrees that the Issuing Bank (andi its respective successors and assigns) is a third party beneficiary of this Agreement, but solely as it relates to the Pay Card Services, and is entitled to enforce each of the applicable provisions against Client as well as the limit on liability provisions of Section 7 of the Global Master Terms and Conditions, including ine equity and inl law, as ifitort they were a party hereto. and Clients shall retain such documentation for such longer retention period. 14.4.2.2 Enrolling Employees for Cards. Prior to providing Payee's information to ADP to issue a permanent Pay or another means agreed to by ADPand Client. 14.4.2.3 Pay Card Status, Services and Communications. Client is responsible for ensuring that Cardholders are Issuing Bank. 14,4.2.4 Issuing Bank. All Pay Cards issued to Cardholders are the property of the Issuing Bank and are subject to regulatory obligations. 14.4.2.5 Cardholder Fees. Client acknowledges that separate fees as set forth on the fee schedule provided in the 14.4.2.6 Information Requests. Client agrees. that upon prior notice from ADP or the Issuing Bank, ADP, the 14.4.2.7 Third Party Beneficiary. Notwithstanding anything to the contrary in the Global Master Terms and Conditions applicable to the Pay Cards. performance ofi its obligations with respect thereto. 14.5 ADP Time & Attendance Services. Thei following additional terms and conditions apply to the. ADP Time & Attendance Services: 14.5.1 Time & Attendance Hardware. 14.5.1.1 If Client procures Time & Attendance Hardware, Client shall provide and maintain an installation environment (including all power, wiring and cabling required for installation) as specified in the manufacturer's product documentation and other written instructions provided to Client by ADP. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. 14.5.1.2 Regarding Time & Attendance Hardware provided on a subscription basis only, Client shall not make any alterations or attach any devices thereto that are not provided by ADP, nor shall Client remove same from the place of original installation without ADP's prior consent. All right and title in the Time & Attendance Hardware procured on a subscription basis is, and at all times shall remain, that of ADP and a separate item of personal property of ADP, notwitnstanding its attachment to other items or real property, and promptly upon termination oft the ADP Time & Attendance Services, for any reason whatsoever, Client shall, ati its expense, return such Time & Attendance Hardware in good condition, in accordance with ADP's instructions, normal wear and tear excepted. 14.5.2 Biometric Services. Biometric Services are optional. In certain jurisdictions, there are laws and regulations that govern the collection, use, and retention of biometric information, which potentially may apply to Client's use of Biometric Services. To the extent Client elects to use Biometric Services, Client. agrees to comply with all such potentially applicable laws and regulations in accordance with this section. In the event Client is unwilling to comply with laws and regulations potentially applicable to Biometric Services, Client will be able to continue to use ADP Time & Attendance Services without Biometric Services. The following terms and conditions apply to Biometric Services to the extent 14.5.2.1 Requirements for Receipt of Biometric Services. Before any Client or Biometric User is permitted to use Biometric Services are part of the scope of Services: any Biometric Services in aj jurisdiction where laws and regulations potentially govern such use, Client will comply with the following requirements, in addition to any other requirements imposed by potentially applicable law (to the extent there is a conflict between the requirements below and the requirements of potentially applicable law, Client will comply with potentially applicable law): 14.5.2.1.1 Client Biometric Information Policy. Client will implement, distribute and make available tot the public, a written policy establishing Client's policy with respect to the use of Biometric Data.' Such policy will include: 14.5.2.1.1.1 14.5.2.1.1.2 14.5.2.1.1.3 a retention schedule and guidelines for permanently destroying a commitment to destroy, Biometric Data when the initial purpose for collecting or obtaining such Biometric Data has been satisfied or within 3 years ofthe individual's last interaction with Client, whichever occurs any additional requirements as required by potentially applicable law. Biometric Data; first; and 14.5.2.1,2 Biometric User Notice and Consent. Client will provide notice to and procure and retain appropriate consents or releases from Biometric Users in the manner and to extent the same are required by potentially applicable law, including: 14.5.2.1.2.1 notifying Biometric Users in writing that Client, its vendors, and/or the licensor of Client's time and, attendance software are collecting, capturing, or otherwise obtaining Biometric Users' Biometric Data, and that Client is providing such Biometric Data to its vendors and the licensor of Client's time and attendance software; such notice will specify the purpose and length of time for which Biometric User's Biometric Data is being collected, stored, and used; obtaining a written release or consent from Biometric Users (or their legally authorized representative) authorizing Client, its vendors, and licensor of Client's time and attendance software to collect, store, and use the individual's Biometric Data for the specific purpose disclosed by Client, and authorizing Client to provide such Biometric Data to its vendors and the licensor of Client's time and attendance software; and ifrequested by ADP, providing to ADP copies of the required consents or releases collected and retained by Client, and/or certifying to ADP that such consents or releases have been obtained. 14.5.2.1.2.2 14.5.2.1.2.3 14.5.2.1.3 Retention and Purging of Biometric Data. Client will work with ADP to ensure that Biometric Datai is retained and purged in accordance with potentially applicable law. To the extent necessary. for the purging or deletion of such Biometric Data, Client agrees to provide timely notification to ADP of the termination of the employment, or the satisfaction oft the purpose for which Biometric Data was collected with respect to any given Biometric User. ADP is not responsible for Client's failure to provide timely notification of the termination of the employment, or the satisfaction of the purpose for which Biometric Data Storage of Biometric Data in Timeclocks. Client agrees that it shall use a reasonable standard of care consistent with potentially applicable law to store, transmit and protect from disclosure any Biometric Data. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which Client stores, transmits and protects from disclosure other confidential was collected with respect to any given Biometric User. 14.5.2.1.4 PROPRIETARY AND CONFIDENTIAL TO ADP, INC. and sensitive information, including personal information that can be used to uniquely identify an individual or an individual's account or property, such as genetic markers, genetic testing information, account numbers, PINS, driver's license numbers and social security numbers. 14.5.2.2 Biometrics Indemnity. Subject to Sections 6.3 and 7, Client will defend ADP against anyt third party claims (including claims made by or on behalf of Biometric Users) and will indemnify and hold ADP harmless from resulting damage awards or settlement amounts in any cause of action to the extent such cause of action is based on any performance or breach of Client's obligations in connection with the Biometric Services, including any failure by Client to obtain consent from Biometric Users in connection with the use of the ADP and licensor of any applicable Biometric Services (and their respective successors and assigns) are Biometric Services. 14.5.2.3 Third Party Beneficiary. Notwithstanding anything to the contrary in the Agreement, Client agrees that third party beneficiaries oft this Agreement solely as it relates to Biometric Services. 14.6 Tax Registration Services. ADP shall provide tax registration services as further described in this Section (the "Tax Registration Services") in accordance with and subject to the terms of this Agreement. The Tax Registration Services provided hereunder relate solely to ADP obtaining jurisdiction account numbers for employment tax as requested by Client. In receiving the Tax Registration 14.6.1 Client understands that ADP willr not perform Tax Registration Services in connection with the following events: () mergers and acquisitions; (i) name, address or entity (corporate form) changes; (i) applications to a state's Secretary of State; and 14.6.2 Asat third-party service provider, ADP's Services hereunder are consultative in nature. ADP is not representing Client in any dealings before any tax agencies. ADP's provision of the Tax Registration Services should not be construed as legal, tax, or 14.6.3 All submissions to the taxing jurisdiction will be () reviewed by Client prior to submission, when provided and (i) signed by Client where necessary or Client will instruct ADP to affix electronically the Client signature provided by Client. By signing the documents or requesting that ADP affix Client's electronic signature, Client is confirming that () Client has reviewed the documents and/or data being submitted to the taxing jurisdiction and (i) the information contained therein is complete and 14.6.4 By utilizing the Tax Registration Services, Client authorizes ADP to act on its behalf in obtaining jurisdiction employment tax account numbers including, but not limited to, affixing the electronic signature provided by Client to registration forms and other documentation, submitting forms tot tax agencies and directly communicating with such agencies as necessary. 14.6.5 Client understands that ADP's Services are based solely on the information provided by Client and/or otherwise available for ADP in connection. with the Services about Client's business established within a particular jurisdiction and other written correspondence that isin reply to ADP's questions regarding the registration process or otherwise provided by Client. Client authorizes ADP to rely upon such in. providing the Tax Registration Services. ADP is not responsible for Tax Registration Services provided hereunder based on anyi inaccurate information supplied by Client or the failure by Client to provide ADP 14.6.6 Cliènt understands that, for reasons beyond ADP's reasonable control, ADP may not be successful in securing an 14.6.7 ADP is not responsible for any penalties or interest incurred by Client as a result of ADP's failure to timely receive Client's 14.7 State Unemployment Insurance (SUI) Management Services. The following additional terms and conditions apply to the SUI 14.7.1 Provision and Transfer of Information. Client will provide ADP with accurate, complete and timely information necessary for ADP to perform the SUI Management Services, including without limitations, the claimants' names, relevant dates, wage and separation information, state-specific required information, and other documentation to support responses to unemployment compensation agencies. Client will transfer this information via () on-line connection between ADP and Client's computer system or () inbound data transmissions from Client to ADP, using mutually acceptable communications protocols and delivery methods. Client will promptly notify ADP in writing if Client wishes to modify the communication 14.7.2 Definition of Claim; Claim Cap. For purposes oft the SUI Management Services provided under this Agreement and billed to Client, a "claim" shall be defined as a claim notice generated by a state agency as a result of an individual filing for unemployment insurance benefits. In addition, Client acknowledges and agrees that () claim notices are typically generated for each. state unemployment tax ID number under which an employee had worked and earned wages; (i) state unemployment agencies generally issue multiple claim notices per individual as identified by a Social Security Number during the benefit eligibility period upon receiving a request for unemployment benefits; and (ii) all such claim notices require review ADP (e.g., including but not limited to, last employer claims, base period employer claims, periodic qualification claims, additional benefit claims, renewed claims and extended benefit claims). Client further acknowledges and agrees that an applicable claim cap applies tot the fees for SUI Management Services and that the claim cap shall be stated on the Sales Order, and will be based on all claim notices processed by ADP as a result of an individual filing for unemployment benefits. The number of claims counted for billing purposes will be reported to Client by ADP as "Claims Services hereunder, Client acknowledges the following: (iv) closing of accounts with as state taxing agency. accounting advice. Client should consulti its legal, tax, or accounting advisors for such advice. accurate. withi information relating to the registration process. employment tax account number for Client in any particular jurisdiction. identification numbers. Management Services: protocol or delivery method. Processed" via on-line reports. PROPRIETARY AND CONFIDENTIAL TO. ADP, INC. 14.8 ADP Wage Garnishment Payment Services. The following additional terms and conditions apply to the ADP Wage Garnishment 14.8.1 Description of Services. ADP will act solely int the capacity ofat third party service provider of payment processing. 14.8.2 Client's Use of Services. Client agrees not to distribute any ADPChecks to Payees in a manner that would allow Payees 14.9 Employment Verification Services; Employee Authorized Disclosure. The following additional terms and conditions apply to the 14.9.1 Employment Verification Services. Client authorizes ADP and' Verification Agents through which Employment Verification Services are performed to disclose, on Client's behalf, Verification Data to Verifiers who wish to obtain or verify any of Client's employees (or former employees') Verification Data. Verification Data will be disclosed to Verifiers who certify they are entitled to receive such data (as described below) pursuant to FCRA, and, in the case of income information requests, who additionally certify they have a record of the employee's consent to such disclosure or who utilize a salary key. In accordance with FCRA, Verification Data may be provided to Verifiers where () the employee has applied for a benefit (such as credit, other employment or social services assistance)(), the employee has obtained al benefit and the Verifier is seeking to (a) determine whether the employee is qualified to continue to receive the benefit; and/or (b) collect a debt or enforce other obligations undertaken by the employee in connection with. the benefit; or (ii) the Verifier is otherwise entitled under FCRA to obtain the Verification Data. In certifying they have a record of the employee's consent, Verifiers generally rely on the employee's signature on the original application as authorization for the Verifier to access the employee's income data at the time of the application and throughout the life of the obligation. Client understands that Verifiers are 14.9.1.1 Data Quality. If requested by ADP,Client agrees to work with ADP during implementation to produce a test file 14.9.1.2 Notice to Furnishers of Information: Obligations of Furnishers of Information". Client certifies that it has Payment Services: to access the associated funds before pay date. Employment Verification Services and Employee Authorized Disclosure: charged for commercial verifications processed throughADP or its' Verification, Agents. and validate the Verification Data using validation reports made available by ADP or its Verification Agents. If Client uses ADP's hosted payroll! processing services,ADP will utilize the latest Verification Data available on read the Notice to Furnishers provided. to Client at the following URL: RGANEPANSY atoop-eoAnes pdf. Client understands its obligations as a data furnisher set forth in such notice and under FCRA which include duties regarding data accuracy and. investigation of disputes, and certifies it will comply with all such obligations.. Client further understands that ifit does not comply with such obligations, ADP may correct incorrect Verification Data on behalf of Client or terminate the Employment Verification 14.9.1.3 Archival Copies. Notwithstanding: anything to the contrary in the Global Master Terms and Conditions, Client agrees that, after the termination of this Agreement, ADP and its Verification Agents may maintain archival copies of the Verification Data as needed to show the discharge and fulfillment of obligations to Client's employees and former employees and the provisions of Section 4 of the Global Master Terms and Conditions will continue to apply during the time that ADP, and its Verification Agents maintain. any such archival copies. 14.9.1.4 Employee Authorized Disclosure. ADP may disclose or use Personal Data of Client's employees to the extent the employee requested or consented to the disclosure or use such as but not limited to when an employee needs their identity verified when they submit an application for a bank account, cellular service, ADP's payroll processing system. Services upon 90days prior written notice to Client. credit or a benefit. 14.10 ADP Marketplace and Use of ADP APIs. 14.10.1 Disclaimer. ADP may provide Client with access to the ADP Marketplace. Client acknowledges that any third party application or service purchased by Client through the ADP Marketplace is provided by a third party and not ADP and ADP makes no endorsements, representations or warranties (including any representations or warranties regarding compliance with laws) regarding such application or service. Client will enter into a relationship directly with the third party provider of such application or service. Any application or service purchased through the ADP Marketplace will be governed exclusively by the terms and conditions agreed to by, Client and the third. party provider and not by this Agreement. ADP will not provide any advice, service or support with respect to any third party application or service purchased on the ADP 14.10.2 Transmitting Information to Third Parties. In the event that Client elects to use an API to provide any Client Content or employee or plan participant information to any third party, Client represents that it has acquired any consents or provided any notices required to transfer such content or information and that such transfer does not violate any applicable international, federal, state, or local laws and/or regulations. ADP shall not be responsible for any services or data 14.10.3 Use of the ADP APIs. Client will use the ADP APIs to access Client's information only. Client may not use any. robot, spider, or other automated. process to scrape, crawi, or index the ADP Marketplace and will integrate Client's application with the ADP Marketplace only through documented APIs expressly made available by ADP. Client also will not (a) use the ADP Marketplace or any ADP API to transmit spam or other unsolicited email; (b) take agrees any action Client that may impose an unreasonable or disproportionately large load on the ADP infrastructure, as determined by the ADP APIs or the ADP Marketplace in any way that threatens the integrity, performance or reliability ADP; of or the (c) ADP use Marketplace, Services or ADP infrastructure. ADP may limit the number of requests that Client can make to the ADP API Marketplace. provided by any such third party. that PROPRIETARY AND CONFIDENTIAL TO ADP, INC. gateway to protect ADP's system or to enforce reasonable limits on Client's use of the ADP APIs. Specific throttling limits may bei imposed and modified from time to time by ADP. 14.11 ESS&N MSS Technology. The following additional terms and conditions apply to the ESS & MSS lechnology. 14.11.1 Client acknowledges that Client's employees or participants may inputi information into the self-service portions of the ADP Application Programs. ADP shall have no responsibility to verify, nor does ADP review the accuracy or completeness of the information provided by Client's employees or participants to ADP using any self-service features. ADP shall be entitled to rely upon such information int the performance of the Services under this Agreement as if such information was provided to ADP by Client directly. 15 Miscellaneous 15.1 Amendment. This Agreement may not be modified, supplemented or amended, except by a writing signed by the authorized 15.2 Assignment. Neither this Agreement, nor any of the rights or obligations under this Agreement, may be assigned by any party without the prior written consent of the other party, such consent not to be unreasonably withheld. However, Client may assign any orall of its rights and obligations to any other Client Group member and ADP may assign any or all of its rights and obligations to any Affiliate of ADP, provided that any such assignment shall not release the assigning party. from its obligations under this Agreement. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and 15.3 Additional Documentation. In order for ADP to perform the Services, it may be necessary for Client to execute and deliver additional documents (including reporting agent authorization, client account agreement, limited powers of attorney, etc.) and Client 15.4 Subcontracting. Notwitnstanding. Section 15.2, ADP reserves the right to subcontract any or all of the Services, provided that ADP remains fully responsible under this Agreement for the performance of any such subcontractor. For the avoidance of doubt, third parties used by ADP to provide delivery or courier services, including the postal service in any country or any third party courier 15.5 Entire Agreement. This Agreement constitutes the entire agreement and understanding between ADP and Client with respect toi its subject matter and merges and supersedes all prior discussions, agreemènts and understandings of every kind and nature between the parties. No party will be bound by any representation, warranty, covenant, term or condition other than as expressly stated in this Agreement. Except where the parties expressly state otherwise in a relevant exhibit, annex, appendix or schedule, in case of conflict ori inconsistency between these Global Master Terms and Conditions and any such exhibit, annex, appendix or schedule, the Global Master Terms and Conditions will prevail and' control. Purchase orders or statements of work submitted to ADP by Client will be for Client's internal administrative purposes only and the terms and conditions contained in any purchase order or statements of 15.6 No Third Party Beneficiaries. Except as expressly provided herein or in an applicable exhibit, annex, appendix or schedule, nothing in this Agreement creates, or will be deemed to create, third party beneficiaries of or under this Agreement. Client agrees that ADP's obligations int this Agreement are to Client only, and ADP has no obligation to any third party (including, without limitation, 15.7 Force Majeure. Any party to this Agreement will be excused' from performance of its obligations under this Agreement, except for Client's obligation to pay the fees to ADP pursuant to Section 11, for any period of time that the party is prevented from performing its obligations under this Agreement due to an act of God, war, earthquake, civil disobedience, court order, labor disputes or disturbances, governmental regulations, communication or utility failures or other cause beyond the party's reasonable control. Such 15.8 Waiver. The failure by any party to this Agreement to insist upon strict performance of any, provision of this Agreement will not constitute a waiver of that provision. The waiver of any provision of this Agreement shall only be effective ifr made in writing signed byt the authorized representatives of ADP and Client and shall not operate or be construed to waive any future omission or breach of, 15.9 Headings. The headings used in this Agreement are for reference only and do not define, limit, or otherwise affect the meaning of 15.10 Severability. Ifa any provision of this Agreement is finally determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality or enforceability of the remainder of this Agreement will not in any way be affected or impaired and such court shall have the authority tor modify suchi invalid, illegal or unenforceable provision to the extent necessary to render such 15.11 Relationship of the Parties. The performance by ADP of its duties and obligations under this Agreement will be that of an independent contractor and nothing contained in this Agreement will create, construe or imply an agency, joint venture, partnership or fiduciary relationship of any kind between ADP and Client. None of ADP's employees, agents or subcontractors will be considered employees, agents or subcontractors of Client. Unless expressly stated in this Agreement, none of ADP, its employees, agents ori its subcontractors may enter into contracts on behalf of, bind, or otherwise obligate Clienti in any manner whatsoever. 15.12 Governing Law. This Agreement is governed by the laws of the State of New York without giving effect to its conflict of law representatives of ADP and Client. permitted assigns. agreest to execute and deliver such additional documents. service, and banking institutions, are not considered: subcontractors of ADP. work will have nof force and effect and will not amend or modify this Agreement. Client's personnel, directors, officers, employees, Users and any administrative authorities). non-performance will not constitute grounds for breach. or compliance with, any other provision of this Agreement. any provisions hereof. provision valid, legal or enforceable, preserving the intent oft the parties to the furthest extent permissible. provisions. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. 15.13 Communications to U.S. Based Employees. Client agrees that ADP may use Client's U.S.-based employee and/or participant name, email and mailing address to provide information about products and/or services offered by ADP directly such and/or participants. Client may elect for ADP to cease such communications upon 30 days' prior written notice. In addition, employees each communication sent by ADP will comply with applicable laws and will enable the recipient to opt-out of receiving additional similar 15.14 Jurisdiction. Any disputes that may arise between ADP and Client regarding the performance or interpretation of this Agreement shall be subject to the exclusive. jurisdiction of the state and federal courts of New York, New York. The parties hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts of New York, New York and waive any claim that proceedings in such courts have been brought in an inconvenient forum. THE PARTIES HEREBY IRREVOCABLY WAIVE THEIR 15.15 Counterparts. This Agreement may be signed int two or more counterparts by original, pdf (or similar format for scanned copies of documents) orf facsimile signature, each of which shall be deemed an original, but all of which together shall constitute one and the 15.16 Notices. All notices required to be sent or given. under this Agreement will be sent in writing and will be deemed duly given and effective () immediately if delivered in person, or (i) upon confirmation of signature recording delivery, if sent via an internationally recognized overnight courier service with signature notification, requested to Client. at the. address indicated. on the signature hereof or to ADP at 99. Jefferson, Road, Parsippany, New Jèrsey 07054, Attention:. Legal Department or to any other address aj page identify in writing from time to time.. A copy, (which shall not constitute notice). of all such notices shall be sent to ADP at party One ADP Boulevard, MS 425, Roseland, New Jersey 07068, Attention: General Counsel and to Client at the address indicated on the 15.17 Survival. Those provisions which by their content are intended to, or by their nature would, survive the performance, termination, or communications. from ADP. brought RIGHT TO TRIAL BY JURY. same instrument. har any may signature page hereof. expiration oft this Agreement, shall survive termination or expiration of this Agreement. PROPRIETARY AND CONFIDENTIAL TO ADP, INC. Data Privacy Appendix This Data Privacy Appendix is a data processing agreement under Applicable Law and supplements the Agreement, between ADP and Client. Capitalized terms throughout this Data Privacy Appendix not defined int the Agreement are defined int the ADP Privacy Glossary at www.adp.coml PEcASAsRASL provided, however, that the relevant definitions (or equivalent terms) under Applicable Law will 1. Client Obligations. Client shall only provide ADP with Client Personal Data that: (a) is required to perform the Services; (b) has been collected ina accordance with. Applicable Law, including obtaining any needed consent from Client Employees, where applicable; and (c) Client has and will 2. ADP Obligations. Client is disclosing Client Personal Data to ADP, as a Data Processor (or equivalent term under Applicable Law), only for the limited and specified business purposes as set forth in the Agreement, associated statements of work and/or any subsequent amendments. ADP will comply with Applicable Law for Processing Client Personal Data pursuant to the Agreement. ADP will not: (a) "sel" or "share" Client Personal Data; (b) retain, use, disclose or otherwise Process Client Personal Data outside of ADP's direct business relationship with Client or for or other purpose other than the business purposes specified in the agreement(s) between Client and ADP, except as permitted by Applicable Law; or (c) combine Client Personal Data with personal data that ADP receives from, or on behalf of, other persons, or collects from ADP's own interaction with a consumer, except as permitted under Applicable Law. ADP will provide the same level of privacy protection for Client Personal Data as required of Client under Applicable Law. ADP has the right to Process Client Personal Data in order to comply with ADP's legal ADP employees, contingent workers and Subprocessors are authorized to Process Client Personal Data to the extent necessary to provide the 3. Anonymization and Aggregation. In addition to any rights granted to ADP in Section 4 of the Agreement to use aggregated or anonymized data, ADP will not attempt to, and will not, re-identify. any Client Personal Data that has been "anonymized." For the purposes of this Data Privacy Appendix and Agreement, anonymized data (which includes de-identified data under applicable US Privacy Law(s)) means data that cannot be used toi identify ani individual, directly or indirectly, by any means reasonably likely to be used in accordance with Applicable Law. The process of "de-identification" under applicable US Privacy Law(s) has the same effect on Client Personal Data as anonymization. ADP will implement reasonable measures to ensure that anonymized or aggregated data has no reasonably foreseeable risk of being re-identified and associated with 4. Transfers to Subprocessors. ADPI may transfer Client Personal Data to ADP Subprocessors and Third Party Subprocessors located outside of the country or region where Client Personal Data was initially collected (collectively Subprocessors"). ADP will establish appropriate safeguards with Subprocessors to ensure the adequaté protection of Client Personal Data. Third Party Subprocessors are bound by written contracts with An up-to-date list of ADP Subprocessors and Third Party Subprocessors, including locations, is accessible at! ntps/nebrage.adp.comorkorce. 5. Compliance Obligations. ADP will notify Client if_ADP makes a determination that it can no longer meet its Processing obligations under Client may, upon providing written noticet to ADP, take reasonable steps to stop and remediate unauthorized Processing of Client Personal Data. 6. Client Instructions. When receiving a Client instruction regarding the Processing of Personal Data, ADP will notify Clienti if ADP considers such instruction to violate Applicable Law; however, ADP is not obliged to and will not perform a legal examination with respect to a Client instruction. 7. Assistance. ADP will assist Client with Client's data privacy. obligations where required under Applicable Law, including assisting Client in responding to and addressing Client Employee individual rights requests, and complaints concerning Client Personal Data Processed by ADP in connection with the Services. ADP will also provide Client with relevant information for conducting data protection impact or risk assessments, (including transfer impact assessments) and any other assessments or reassessments required by Applicable Law or competent regulatory authorities. ADP reserves the right to charge for such assistance rendered. If ADP receives an individual rights request or complaint directly froma a 8. Client Audit. ADP will answer questions asked by Client regarding the Processing of Client Personal Data by ADP. In the event Client reasonably considers that the answers provided by ADP justify further analysis or are necessary to demonstrate compliance with this DPA, ADP (a). provide security materials known as ADP's trust package (which includes security policy and standards overview, password summary, resiliency program summary, disaster recovery program overview, data center and hosting service summary and a third-party risk management (b) where required under Applicable Law, if Client reasonably considers that the documents provided by ADP justify further analysis, make the facilities ADP uses to Process Client Personal Data available for an audit by a qualified independent third-party assessor reasonably acceptable to ADP, bound by confidentiality obligations satisfactory to ADP and engaged by Client. Client will provide a copy of the audit report to ADP's Global Chief Privacy Officer which will be ADP Confidential Information. Audits shall be conducted no more than once per year during the term of the Agreement during regular business hours and will be subject to () a written request submitted to ADP at least 45 days in advance of the proposed audit date; (ii) a detailed written audit plan reviewed and approved in advance by ADP's security organization; and (ii) ADP's on-site security policies. Such audits will take place only in the presence of a representative of ADP's global security office, ADP's global data privacy & governance team, or such person designated by the appropriate ADP representative. The audits shall not be permitted to disrupt ADP's Processing activities or compromise the security and confidentiality of Personal Data pertaining to other ADP Clients. ADP will charge Client a both PARTI- GENERAL supersede the Agreement and ADP Privacy Glossary terms int the event of a conflict. maintain authority to provide such data under Applicable Law. commercial any obligations (e.g., compliance with sanction laws) ori in order to prevent, detect ori investigate fraud. Services and as permitted under the Agreement and by Applicable Law. Client or anyi individual. ADP that impose data protection terms that are not less protective than those imposed by this Data Privacy Appendix. nowlgdpr/m/medial634 Such list may be updated from time to time. Applicable Law. Client Employee, ADP shall promptly forward the Client Employee request to Client. will: executive summary), that details ADP's! business processes and procedures for the Processing of Client Personal Data; and reasonable feet for such audit. PROPRIETARY. AND CONFIDENTIAL TO ADP, INC. 9. Personal Data Return and Deletion. Upon termination of the. Agreement, ADP shall comply with its contractual obligations regarding the return of Client Personal Data (if Client Personal Data has not been previously returned to Client, or is not otherwise accessible to Client through the relevant product functionality orf features for the Services, such as the ability to download the Client Personal Data) and shall delete Client Personal Data in accordance with ADP's then current applicable records retention schedule. ADP shall address Client's request to delete Client Personal Data before the records retention period has ended to the extent feasible and at a reasonable cost to Client. ADP may maintain Archive copies of Client Personal Data, to the extent required under Applicable Law, as authorized by Client in writing, or as needed for dispute resolution purposes. 10. Scope. This Part II applies solely with respect to Client Personal Data subject to Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data ("General Data Protection Regulations" or "GDPR") and as transposed into United Kingdom national law by operation of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 ("UK GDPR"). With respect to ADP's processing of Client Personal Data subject to GDPR and/or UK GDPR, the EU and UK Binding Corporate Rules ("BCR") for Client Data Processing Services (the "ADP Privacy Code(s)"), located at ADP Privacy CPEapsmVmaiNgaapanagsitere en.pdf and ukbcrpc en.pdf (adp.com)), govern(s) as applicable. ADP has obtained EU and UK authorization ofi its ADP Privacy Code(s). 11. International Transfers. For transfers outside of the EEA, Switzerland and United Kingdom, the ADP Privacy Code(s) serve(s) as the legal basis for the data transfer to an ADP Group Company or between. ADP and an ADP Subprocessor, which Client acknowledges and accepts. ADP shall enteri into appropriate contractual agreements, such as standard contractual clauses, or rely upon any other lawful transfer mechanism prior tot transterring Client Personal Data to a Third Party Subprocessor or to an ADP company when the ADP Privacy Code(s) do(es) not apply. 12. Additional Subprocessor Obligations. Within 30 days of a written update (including eleçtronic notice) by ADP to Client adding a new Subprocessor, Client may object to such new Subprocessor by providing written notice to ADP alleging objective justifiable grounds that such Subprocessor is unable to protect Client Personal Data. If the parties cannot reach a mutually acceptable solution, ADP shall, at its option, either: (a) not allow the Subprocessor to access Client Personal Data; or (b) allow Client to terminate the relevant Services in accordance with the terms 13. ADP Privacy Code(s) EU and UK Authorization. ADP will make commercially reasonable efforts to maintain the EU and the UK authorization ofit its ADP Privacy Code(s) for the duration of the Agreement and will promptly notify Client of any subsequent material changes in the EU or UK 14. Order of Precedence. Int the event of a conflict between the Agreement, this Data Privacy Appendix, the ADP Privacy Code(s) and Applicable Law, then the conflict will be resolved by giving effect to such in the following order of precedence: (a) Applicable Law; (b) the ADP Privacy 15. Scope. This Data Privacy Appendix provides no additional rights to a Client Employee that are not already provided under the Applicable PART II- GDPR/UK GDPR oft the Agreement. authorization ofi its ADP Privacy Code(s). PART III-N MISCELLANEOUS Code(s); (c) this Data Privacy Appendix; and (d)t the Agreement. Law to which the Client Employee is subject. 0424 Global DPA V. 2.3(v2) PROPRIETARY AND CONFIDENTIAL TO ADP, INC. C CIVICPLUS CITYOF RAER INTEGRATED SOLUTIONS City of Ranger, Texas TOTAL COST PROPOSAL November 22nd,2024 AGIG Powering and Empowering Government 0 Total Cost CivicPlus can appreciate the monetary constraints facing our governments each day. To help ease these concerns and assist with budgeting and planning, our proposed project and pricing is valid until December 31st 2024 Total Cost Year1 Year 2 $4,282 $2,340 $12,500 Ultimate Design (Drupal10) Premium Configuration 30% Discount* ($850+$2,854) $3,704 $2,300 $17,000 Agenda & Meetings Management: Essentials 50% Discount* 51,000+$1,300) Community Development Software Permitting - Code Enforcement - Business Licensing- - Planning & Zoning - GIS Integration TOTAL SAVINGS: 50% Discount* -$11,204 TOTAL PROJECT COSTS $23,004 $19,122 *Off the First Years Annual G? civicplus.com 1 CivicPlus Project Pricing & Invoicing CivicPlus prices on a per-project, all-inclusive basis (stated in U.S. dollars). This type of pricing structure eliminates surprise costs, the uncertainty of paying by the hour, andi is overall more cost effective for our customers. It provides you with ap price based on the products and features listed in this proposal that only varies if additional functionality, custom development, security, escrow requirements, or other design or project enhancements, outside of the included scope, are added prior to contract signing. CIVICPLUS OFFERS: Standard Year1l Invoicing Each Solution 70% of Year 11 fees due at contract signing; remaining 30% due at the earlier of project completion or at the six-month mark in the implementation process First-year Annual Services feei isi included with your Year 1cost percent technology fee uplift each year starting Year 2 of your contract Standard Invoicing for Annual Services Subsequent annual invoicing occurs on the anniversary of the contract signing date, and is subject to a five Customized Billing/Invoicing Other billing options can be discussed before contract signing and, iff feasible, a plan developed that works Not available with all CivicPlus products--please contact your customer success manager for more details fora all parties Payment Gateway Account Your chosen payment gateway will collect and disburse all credit card monies provide the most competitive percentage + fee per transaction rate Ifselected, any of our partner payment gateway Vendors will conduct a rate analysis upon discovery to CivicPlus Pay integrates with several payment gateways to provide maximum flexibility to our customers' needs Third Party Customer is responsible for licenses tot third-party products; CivicPlus is not responsible for changes to third- party product terms and conditions Custom third-party integrations require additional scoping meeting and custom quote We will work with you before contract signing to determine which of our billing processes will meet both your needs for budget planning and our accounting processes. C civicplus.com 2 0) I - 3 1) D - 8 - la à 8 - 8 a 00 @ - S S D 8 D @ I - 5 C S O O - S - 0 6 e I C 8 - 0 - e C 5 S @ C I 5 C L U E C 0-0-0-0 0-0 D & 8 B a @ - 0 a I o e > @ a à I 1 - O - e E a 0 de 8 of0 @ 0 o a 00 5) 8 5 o E = 0 - e 18 18 18 18 18 18 18 3 o : AF A 9 aU GeekSupport Pricing & Features GEEKPremium" GEEKPremium GEEKPremium Services Number of Users Help Desk Support Unlimited phone, chat, and email support Ticket system Support for Mac and PC- desktop, mobile 6 tablet devices (max of2d devices per user) Device performance and speed tuneups New software installation Preventive Tune Ups 5145month Upto3 $75month PerUser 4+ $95month PerUser Any 0 0 0 0 0 0 0 O 0 0 0 O 0 Troubleshooting, patching and updates tol hardware, applications, and devices Adware ands spyware clean up, system updates, securityverfication, temporary files clean up, hard drive defragmentation, and startup optimization Remote and On-Prem Workforce Support New employee onboarding 6 computer configuration Home network troubleshooting 0 0 Help desk 0 0 0 0 0 0 0 0 O 0 0 0 VPNO configuration for secure remote access to company networks Backups and Disaster Recovery Backup strategy and solutions Automatic and secure! backup of systems and data Support for disaster recovery planning Systems Setup VPN configuration Cloudr networks setup, configuration, and updates Email setup and configuration Firewall configuration and updates 0 0 0 0 0 O 0 0 0 0 O O 0 0 Systems Monitoring and Cybersecurity Access to GeekSupport's licensed security suite Endpoint protection with advanced multilayered protection for computers Server securitywith real-time protection for your company data and files 0 0 0 Summer-24 GeekSupport Pricing & Features GEEKPremium" GEEKPremium GEEKPremiumt Services $145month @ O 0 0 0 $75month PerUser 0 0 0 O 0 $95month PerUser 0 0 0 0 0 Full disk encryption with robust solution for systems disks, partitions, or entire devices Advanced cloud-based threat defense against zero-day and never-before-seen threat types Extended detection & response delivering prevention, enhanced visibility and remediation Email security scans for malware and malicious software Network, computer, and systems security scans to detect vulnerabilities Mobile Device Management (MDM) Monitoring, management, and security of all mobile devices connected to your network Device enrolment, configuration, updates, application management, and troubleshooting Procurement & Provisioning (exclude cost of devices and shipping; other fees maya apply) ITinfrastructure, devices, ands software research and recommendations Device procurement from order placement through delivery to your specified location Device imaging and re-imaging using mobile device management software Device provisioning, prior to shipping to end user, to ensure device is setup with the operating system, software, and credentials required for eachi individual employee Purchase of new devices based on your business needs, brand preferences, budget, and Lease options available (contact us for more information) Device encryption Computer lockdown at termination 0 O Secure inventory storage and management @ 0 O V 0 0 runctionality requirements Data Compliance meets laws and regulations Virtual CIO (5 seats minimum required) Resource who acts as a trustedt technology advisor Technology assessment and plan Fee Based Services CALL US Network, email and data migrations On-site support Enterprise services (product or software support) On-Site IT Support Also Available Call US at 866-302-0916 for details Guidance tol Implement and maintain a data security and privacy compliance program that Implementation and/or configuration of hardware and systems necessary to meet compliance requirements applicable to your business Prices ares subjectt tochange Summer -24 City Questions *Nothing contained herein shall constitute a waiver or relinquishment by RAMF of any rights and remedies provided under applicable law, in equity, or under any provisions of the Lease Agreement. The following answers are necessarily supported only by those facts and writings presently and specifically known, and readily available. RAMF, therefore, makes these answers without prejudice to its right to amend these answers based on any additional facts or information that RAMF may later learn. RAMF further reserves the right to change, amend, or supplement these answers with facts or information it may discover that were omitted by inadvertence, mistake, or excusable neglect, and as additional facts are ascertained. 1. Ifand when the lease agreement has been met by Lessee and property is sub-leased or sold/transterred to private property, does any director/ No. Airfield Directors/Board Members are volunteers and are not board member profit off of sale of this property? compensated. 2. Would any profit from the sale of the airport property be for RAMF's Foundation. The proceeds from the sale of lots are dedicated to maintaining and improving the runways and airport property. The purpose of the development is to generate funds to preserve and maintain the antique airfield. Historically, the City could not maintain the airport through general funds. A reliable longterm funding mechanism is required. Proceeds from the sale of lots and requiring each lot owner to participate in the maintenance fund will support the airfield's needs moving forward. foundation or the City? 1of10 City Questions 3. Why does the RAMF request the REDC and City assist with financial aid or to help fund the connections of existing water/sewer/fire hydrant additions on college side when college has all the needed connections they I require for the The water line project goes beyond Ranger College as posed in the question. Until the performance conditions in the Lease Amendment are met, the City owns the airport. RAMF initially requested the City extend a water main to the Airport but the City reported it did not have the funds to run water to their property. RAMF then requested the REDC run the main because it sets economic development conditions. The REDC extending the water main will supply water to the REDC tract of land, increasing the value of REDC property, which could be purchased for further development. The water main will also supply water/ hydrants to the 3+ acre corner of Ranger College that is currently unused/ baseball parking, should they develop that corner of their property. The Airfield development will bring economic activity and benefit the City of Ranger and its citizens immediately. The water main will allow fire fighting capabilities, which encourages the builders to build in Ranger. The builders will also tap into the new main for supply, increasing the City's utility sales. It is the definition of a suitable economic development project, turning raw land into a productive asset. The current hangar builders have already made significant financial contributions to the City's Airfield including a hangar donation and cash for a land purchase to protect the approach end of a City runway. Considering those contributions and the future tax revenue of the hangars, supplying water sufficient for fire hydrants is requested. ALL proposed and future water/utility lines run on Airport property will be the responsibility of each builder. Any future connections to the main beyond the corner of the REDC's land will be on individual lot owners/ college? Foundation. The first 3 builders initial investment on the ground floor of this development will encourage others to build in Ranger, only multiplying the economic impact of construction jobs, taxes, utility sales; and all things that cannot be quantified like This water main extension project is a WIN for the REDC, Ranger Airport, Ranger College, Ranger Water Department and the City of Ranger as a whole. events, youth programs, visitors, etc. 2of10 City Questions 4. If premises/property is sold /transferred to private ownership, what part The Runways, Runway Safety Areas, and infield (area between the runways) will remain undeveloped per the Amendment and open to the public. These areas make up more than half the airfield. The area around the 1928 Hangar Museum and RAF's bathrooms will remain public usel The agreement contains restrictions that require the Foundation/lot owners tor maintain the runway and its public use status. If this provision is not maintained the public portion of the Airport will revert to the City of Ranger of the airport will remain for public uselaccess? access. as an Airport. 5. Who is the Ranger Airfield Maintenance Foundation? The Foundation exists "to rehabilitate, restore, maintain and/or construct structures and assets of historical or educational value for the education and enjoyment of the public; For charitable and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Service Publication 557; To promote public interest and education through the renabilitation, restoration, maintenance and/or construction of structures and assets of historical or educational value in the State of Texas." 6. Who are the Board of directors and officers and dates of appointment? Jared Calvert Wayne White Charles Calvert Bobby Green 11-30-2018 11-30-2018 11-30-2018 11-30-2018 3of10 City Questions 7. Who were the board of directors when the lease and lease amendment were negotiated? Jared Calvert Doyle Russell Wayne White Charles Calvert Bobby Green 8. Were board members present in the executive sessions? Yes, Jared Calvert. 9. Did board members have conflicts of interest? No. Board members have no direct financial interest in RAMF operations, Board members/Directors are unpaid volunteers. RAMF member/director 10. Ifboard members have conflict of interests, did they inform all parties roles and Conflict of Interest are defined by the By-Laws. of the conflict? See Question 9. 11. Are the builders qualified? The first three hangars will be built by Mark Cozart (Cozart Metal Buildings) who erected the Foundation's Ranger hangar. Cozart has over 40 years experience in the metal building abrication/erection business and is also a pilot/aircraft owner who understands the specific needs/requiremens of 12. Are the owners financially solvent? Is there proof of solvency? aircraft hangars. Yes. See also Question 13. 4of10 City Questions 13. Do they have enough money to complete the work? Is it financed? Is city property exposed to possible liens? The city must approve any Each party has enough money to complete their hangar. The first 3 hangars are expected to be self-financed. City property will not be exposed to liens as no mortgages will be issued. NOTE THAT THE LEASE ALREADY GIVES THE LESSEE THE RIGHT TO CONSTRUCTION LIENS. SECTION 4.01(N). ALSO, TO THE EXTENT THE CITY IS WORRIED ABOUT MATERIALMENS LIENS, THE LEASE GIVES THEM 14. Will the Lessee and sublessee guarantee that the properties will NOT RAMF cannot and will have no control over private property owners other than restrictions placed on aviation use, architectural restrictions and airport maintenance operations. Much like a normal City relationship to homeowners. There is no legal method to impose this kind of restriction on property owners. Ap person cannot have their residence in a tax-exempt building without risking losing the tax-exempt status or possibly breaking the law. If in the future a hangar owner wishes to will their hangar to a non-profit - for example Ranger College or RISD to be used in an aviation program it is their right to do sO, and for said organization not be obligated to pay tax per their legal rights. Another example, if a Flying Club (IRS 501c7) wishes to erect a hangar at Ranger for their rental aircraft, would Ranger want to discourage their build and encourage them to build at another city? A reminder: owners of hangars erected on subleased municipal airport land (think Eastland for example) do not pay property taxes on their hangars. It should be noted that in these scenarios, Ranger College, RISD or the Flying Club, would still be required to pay the monthly airfield maintenance All that said, the current Ranger builders have no intention to roll their hangars into a non-profit as they would lose ownership of their investment, and the ability for their heirs to sell. Finally, to respond to a concern raised, something as simple as parking a museum aircraft in a hangar would not absolve a hangar owner of financing of city property. INDEMNITY. SECTION 5.04. become Tax Exempt? fee as well as City utility fees. their tax responsibilities. 5of10 City Questions 15. Will the Lessee and Sublessee guarantee the projected property tax The property tax revenue will be solely determined by the Eastland County revenue? Appraisal District after each hangar is constructed. 16. What is the return on the investment? Is it guaranteed? The Return on Investment is the preservation of historic Ranger Antique Airfield and we believe that should the goal of the City of Ranger as well. At present the Airfield has spent $226,238.58 inside Eastland County alone since the lease was signed (99.9% donated by non Ranger citizens) yet it has been stated the Airfield and its development is not an Economic Development project. Currently, there are three private parties who have contracted with Cozart to build three private hangars in Ranger, Texas with expenses expected to exceed $1,500,000. What is their return on 17. Will the developer design and construct all infrastructure for the investment? Is it guaranteed? development, including roads, water, sewer, etc.? Roads will be the responsibility of the Foundation. Water/Sewer/etc. design and construction will be the responsibility of each individual builder with approval of the Foundation. 18. Does the lessee expect any other contribution from the City, City Boards and Commissions or any other tax revenue to complete the development or any element in the amendment? Are they willing to commit The Foundation expects and seeks no other contributions from the City for anything on current Airport property to complete the development or any to this in the exhibit? element in the amendment. 6of10 City Questions Land at the end of the Runway (currently owned by REDC) being protected/runway extended is a major concern for the Foundation and of the builders to protect their investment in Ranger. This is an issue that needs to be resolved to encourage the building of hangars in Ranger. 19. Will the city have the right to review the property development plan before it is executed? The development plan is that only privately owned hangars may be built on the airfield with restrictions on appearance. Lot size/hangar placement beyond the first 3 hangars cannot be determined at this time thus things like exact road/utility locations cannot be specified in a property development plan. See Questions 22& 24. 20. Will the lessee plat the property including roads, easements and The Foundation cannot beyond current construction. See Question 22. 21. Will the developer provide insurance throughout the construction and Each builder will be responsible for required insurance during their build. They will maintain the appropriate insurance on their hangar before and individual lots? until it is deeded? after it is deeded. 22. Are the lot sizes 80ft X 80 ft (same as original hangar)? If not, what size? What is the proposed size and locations (dimensioned)? No. The first 3 lots are 130', 160' & 160' wide. Lot size is determined by hangar width. Hangars will be spaced 60' wall to wall. Each subsequent builder will be responsible for the survey on their lot after their hangar width/design is approved. 7of10 City Questions 23. How is the completion of each hangar home to be determined? How does each party define completion? What finishes? Power? Lights? Wall finishes? Flooring? HVAC? Doors? Sidewalks? Roads?1 Landscaping? Once the next available lot is purchased, the buyer has 1 year to begin construction. Hangar construction is to be completed within 6 months - meaning the exterior of the building is 100% completed and enclosed. Time allowed for buildout of the interior is to be determined by the Foundation at a later date (after the first 3 hangars are completed). Averaging supply/ availability of local labor to complete interior work will dictate interior completion requirements. 24. What is the definition of a vintage style hangar? Isit a Metal building? Simply: roof lines/pitch are either of round truss, gambrel, or 2/12 roof slope or greater design and a high number of windows. In more detail: No 1/12 or flat roofs allowed. Windows (including doors) must be divided light. Hangar door must be 5% square footage in windows. Siding must be corrugated metal (no R-panel) or wood (clapboard style). No carports. No metal porch coverings. No concrete sidewalks or patios (must be brickistone/crushed, No external AC lines and AC units must be along rear wall. All colors/ window size and placementroof ineslandscapingeto must be approved by the Foundation to ensure, as stated in the lease, hangars represent "a design, decor, purpose and place which represent the Golden Age of Aviation defined to be the 1920's to the 1930's and protects the historical aspect of the Airport." The hangars can be constructed of metal or wood, but the Foundation is expecting metal to be most common if not 100%. 25. Since Ranger does not have a building code, what codes will these metal building be built to? Texas Building Codes. 8of10 City Questions 26. Will the construction documents, drawings and specifications, be sealed by and engineer? By an architect? to design interiors as they deem necessary. Hangars will be approved by an engineer. Owners may employ an architect 27. If the construction is performed on public property, what other risks Cozart Metal Buildings carries insurance. The only construction performed on public property will be the initial 3 hangars and the 1928 hangar restoration - if subleased land is considered public. Once the Airfield is transferred, each future builder will be constructing on private property. See 28. How is the completion of 1928 hangar to be determined? How does each party define completion? Finishes? Power? Lights? Wall finishes? Flooring? HVAC? Doors? Sidewalks? Roads? Landscaping? Toilets? How does each party define completion? The 1928 hangar will be restored to its original specifications and appearance as a historic building. The moment the hangar is fully functional and the final signage is applied it will Finishes? Galvalume corrugated side walls per original. Black corrugated roof with Yellow "RANGER AIRPORT" lettering per original. Power? Buried from pole 160' from hangar. Two poles closest to hangar to Lights? Gooseneck light at man door. Porcelain shaded lights from hangar Wall finishes? Wall structure and exterior sheeting visible from inside per original. Facade signed in Texas & Pacific TeePee' sign and "RANGER AIRPORT - RANGER AIR TRANSPORT Co" per original. does the public entertain? also Question 21. be completed. be removed. ceiling per original. Flooring? Original Thurber Brick. HVAC? None per original. Doors? 1 man door, 4 hung/sliding doors for aircraft per original. Doors signed in NATURALINE - THE SUPER AVIATION MOTOR FUEL" per original. Sidewalks? Thurber Brick from parking and bathrooms. 9of10 City Questions Roads? None to hangar or front per original. Landscaping? Irrigated around hangar and arrow. Shrubs/Trees etc. Toilets? None per original. Bathrooms are in Air Mail "Generator Shed". 29. What is the scope of work proposed? What is the detailed budget for $20,000 removal of all additions - 10,800sf to the original 3,600sf (Cozart this scope? Metal Buildings) $33,000 concrete under brick floor (Flatworks) $11,000 corrugated sheet metal (Metal Mart) $4,000 950' 4" c-purlin, 700' 2" square (Stephenville Pipe) $25,000 four sliding 15' doors/track/nstal. (Cozart) $5,000 eighteen 4'x6' divided light windows (Lowes) $2,000 wood trim 18 windows (Cozart) $30,000 erection labor (Cozart) $11,000 7 new trusses (Krantz) $13,000 brick removal, clean, placement (TBD, averaging $850 per 1000) $18,000 electrical - conduit, outlets, porcelain shade lights (Stieber) $15,000 parkinglandscaping, irrigation, brick walks (extends beyond City's $8,000 bury power from pole 150' from hangar (outside City's footprint) $8,000 signage/paint Roof, Facade, Doors (Barnett) 80x80 footprint) Total: $203,000 (estimate Aug 2022) 30. Does the foundation have the budget to complete the work? 1928 Hangar Restoration is fully funded. 31. Do the $46k toilets and shower(s) remain with the City in the lease? The REDC-B granted $23,224.50 to RAF for the Air Mail Tower/bathroom project which is owned by RAF. Total cost to RAF will exceed $46k. The bathrooms will be available to the public. 10of10 The Knight Law Firm, LLP Attorneys at Law Executive 223 Office West Anderson Terrace Suites Lane Suite A-105 Austin, Texas 78752 Tel: 512.323.5778 Fax: 512.323.5773 ETEnA.MATSITeTaNSN Mwwchatoneresascen September 16, 2022 Ms. Schyler Paige Parker Wick Phillips 3131 McKinney Ave., Suite 500 Dallas, TX75204 Dear Ms. Parker, Re: City of Ranger and] Ranger. Airfield Maintenance Foundation Lease Agreement. This letter is to inform you that the City of Ranger (the "City") has determined to effectuate the terms of that certain Lease Agreement, dated the 4th day ofDecember 2018, as amended by that certain' First Amendment to Lease Agreement, dated the 31st day of January 2022, by and between the City and the Ranger Municipal Airport, while abiding by the laws of the State ofTexas. The City of Ranger has asked that your office coordinate and discuss on how to move forward with the transaction in compliance with Texas law. Tkbnnin Regards, Deron] Henry cc: Gerald Gunstanson, City Manager, City of Ranger, Texas