notice of a regular meeting - Midlothian, TX

NOTICE OF A REGULAR MEETING

OF THE GOVERNING BODY OF THE CITY OF MIDLOTHIAN, TEXAS

TUESDAY, OCTOBER 26, 2021

Pursuant to the provisions of Chapter 551 VTCA Government Code, notice is hereby given of a Regular Meeting of the Midlothian City Council, to be held in the City Council Chambers at Midlothian City Hall, 104 West Avenue E, Midlothian, Texas. The meeting may be viewed online at www.midlothian.tx.us/watchlive.

REGULAR AGENDA 6:00 P.M. Call to Order, Invocation, and Pledge of Allegiance.

2021-484 Citizens to be heard - The City Council invites citizens to address the Council on any topic not already scheduled for a Public Hearing. Citizens wishing to speak should complete a “Citizen Participation Form” and present it to the City Secretary no less than five minutes prior to the start of the meeting. Speakers are limited to 3 minutes. In accordance with the Texas Open Meetings Act, the City Council cannot act on items not listed on the agenda. However, your concerns may be addressed by City Staff, placed on a future agenda, or responded to by some other course. Citizens not attending in person may submit comments on our website at www.midlothian.tx.us/Participate.

CONSENT AGENDA All matters listed under Consent Agenda are considered to be routine by the City Council and will be enacted by one motion without separate discussion. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 2021-485 Consider and act upon minutes from the City Council meetings of October 5 and 12, 2021. 2021-486 Consider and act upon a resolution adopting the Ellis County Memorandum of Understanding

(MOU) to utilize the MISD FFA Agricultural Barn for pet/animal sheltering during emergencies and disasters.

2021-487 Consider and act upon an Agreement for Professional Services for the preparation of a Flood Study for the tributaries of Waxahachie Creek in Creek Bend Estates with Teague, Nall and Perkins, Inc., in an amount not to exceed $70,000.

2021-488 Consider and act upon the purchase of a new Caterpillar 926M wheel loader from HOLT CAT, utilizing the Sourcewell Cooperative Purchasing program, in an amount not to exceed $161,259.36.

2021-489 Consider and act upon the purchase of a 2023 MY International HV607 6x4 dump truck from Southwest International Trucks, Inc., utilizing the Texas Buy Board Purchasing Cooperative program, in an amount not to exceed $119,504.23.

2021-490 Consider and act upon the purchase of two (2) ExaGrid data storage units to upgrade the City’s backup storage for both City Hall and the Police Department from SHI International Corp utilizing BuyBoard at a total cost of $72,636.89.

REGULAR AGENDA 2021-491 Consider and act upon appointments to the Zoning Board of Adjustment to fill vacancies

created by recent resignations and changing the status of the two non-voting members to voting members.

2021-492 Consider and act upon a recommendation from Midlothian Economic Development to approve the Second Amendment to the Purchase and Sale Agreement with Provident Realty Advisors, Inc. and any other necessary closing documents.

http://www.midlothian.tx.us/watchlive

http://www.midlothian.tx.us/Participate

2021-493 Consider and act upon an agreement with Vidaurri Management Group (VMG) to provide Project Management Support Services for Phase I which includes the design, pre-bid, and Guaranteed Maximum Price of the City Hall/Library and Public Safety Building projects for a total not to exceed cost of $697,424.00.

EXECUTIVE SESSION The City Council will convene into executive session pursuant to the following sections of the Texas Government Code. Executive Session items are discussed in closed session but any and all action is taken in regular open session. 1. Section 551.071(2) Legal: Consultation with city attorney on any agenda item listed herein.

2. Section 551.072 Real Estate: Deliberation regarding real property - to deliberate the purchase, exchange, lease or value of real property. S. Walnut Grove Road Right-of-Way.

3. Section 551.072 Real Estate: Deliberation regarding real property - to deliberate the purchase, exchange, lease or value of real property. McAlpin Road Right-of-Way.

4. Section 551.072 Real Estate: Deliberation regarding real property - to deliberate the purchase, exchange, lease or value of real property. 211 W. Avenue F and 207 N. 8th Street.

5. Section 551.087 Economic Development: (1) Deliberation regarding commercial or financial information received from a business prospect (2) To deliberate the offer of a financial or other incentive to a business prospect. Projects: 2112 & 2114

REGULAR AGENDA 2021-494 Action resulting from Executive Session, Item #1: Legal 2021-495 Action resulting from Executive Session, Item #2: Real Estate 2021-496 Action resulting from Executive Session, Item #3: Real Estate 2021-497 Action resulting from Executive Session, Item #4: Real Estate 2021-498 Action resulting from Executive Session, Item #5: Economic Development 2021-499 Adjourn

I, Mary McDonald, Deputy City Secretary of the City of Midlothian, Texas, do hereby certify that this Notice of Meeting was posted on the front window of City Hall, 104 West Avenue E, Midlothian, Texas, at a place readily accessible to the general public at all times, no later than the 22nd day of October, 2021 at or before 6pm.

This facility is wheelchair accessible and accessible parking spaces are available. Requests for reasonable accommodations must be made 48 hours prior to this meeting. Please contact the City Secretary at 972-775-3481 for further information.

AGENDA ITEM 2021-484 AGENDA CAPTION: Citizens to be heard - The City Council invites citizens to address the Council on any topic not already scheduled for a Public Hearing. Citizens wishing to speak should complete a “Citizen Participation Form” and present it to the City Secretary no less than five minutes prior to the start of the meeting. Speakers are limited to 3 minutes. In accordance with the Texas Open Meetings Act, the City Council cannot act on items not listed on the agenda. However, your concerns may be addressed by City Staff, placed on a future agenda, or responded to by some other course. Citizens not attending in person may submit comments on our website at www.midlothian.tx.us/Participate. ITEM SUMMARY/BACKGROUND: Citizens who have registered with the City Secretary may address Council with comments and/or concerns. SPECIAL CONSIDERATION: N/A FINANCIAL IMPACT/FUNDING SOURCE: N/A ATTACHMENTS: N/A ALTERNATIVES: N/A RECOMMENDATION: N/A

http://www.midlothian.tx.us/Participate

AGENDA ITEM 2021-485

AGENDA CAPTION: Consider and act upon minutes from the City Council meetings of October 5 and 12, 2021. ITEM SUMMARY/BACKGROUND: Minutes from the October 5 and 12, 2021 City Council meetings are submitted for approval or correction. SPECIAL CONSIDERATION: N/A FINANCIAL IMPACT/FUNDING SOURCE: N/A ATTACHMENTS: 1. Minutes from the Called City Council meeting of October 5, 2021 2. Minutes from the Regular City Council meeting of October 12, 2021 ALTERNATIVES: Approve or correct RECOMMENDATION: Approve as submitted

SUBMITTED AND TO BE PRESENTED BY: Tammy Varner, TRMC, City Secretary, for the Tuesday, October 26, 2021 City Council Meeting

APPROVED BY:

MINUTES

CALLED COUNCIL MEETING OCTOBER 5, 2021

The City Council of the City of Midlothian convened in a Regular Meeting in the Council Chambers of City Hall, 104 West Avenue E, with the meeting open to the public and notice of said meeting posted as prescribed by V.T.C.A., Government Code, Chapter 551, with the following members present to-wit: Richard Reno § Mayor Wayne Sibley § Councilmember Place 1 Ted Miller § Mayor pro tem Place 3 Clark Wickliffe § Councilmember Place 4 Justin Coffman § Councilmember Place 5 Absent: Councilmembers Darrach and Hartson

WORKSHOP AGENDA 2:00 p.m. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE Mayor Reno called the meeting to order at 2:00 p.m. Councilmember Sibley gave the invocation and led in the pledges. 2021-458 CITIZENS TO BE HEARD None to be heard. 2021-459 REVIEW AND DISCUSS POTENTIAL INDUSTRIAL DEVELOPMENT ALONG

WARD ROAD NORTH OF HWY 67 AND SOUTH OF OLD FORT WORTH ROAD AND DIRECT STAFF AS NECESSARY.

Austin Reynolds, representing Hillwood, gave a presentation for the proposed project that is to be considered at a future council meeting. 2021-460 REVIEW AND DISCUSS THE HIGHLAND LAKES DEVELOPMENT LOCATED

OFF FM 875 AND DIRECT STAFF AS NECESSARY. Clyde Melick led the group through a discussion regarding the proposed Highland Lakes Development. It was the consensus of council to direct staff to open a dialogue with the developer. 2021-461 ADJOURN

With there being no further business to discuss, Mayor Reno adjourned the meeting at 4:14 p.m.

_________________________ Richard Reno, Mayor

ATTEST:

Tammy Varner, City Secretary

MINUTES

REGULAR COUNCIL MEETING TUESDAY, OCTOBER 12, 2021

The City Council of the City of Midlothian convened in a Regular Meeting in the Council Chambers of City Hall, 104 West Avenue E, with the meeting open to the public and notice of said meeting posted as prescribed by V.T.C.A., Government Code, Chapter 551, with the following members present to-wit: Richard Reno § Mayor Wayne Sibley § Councilmember Place 1 Ted Miller § Mayor pro tem Place 3 Clark Wickliffe § Councilmember Place 4 Justin Coffman § Councilmember Place 5 Hud Hartson § Councilmember Place 6 Absent: Councilmember Darrach

REGULAR AGENDA 6:00 P.M. CALL TO ORDER Mayor Reno called the meeting to order at 6:00 p.m. with notice of the meeting duly posted and a quorum present. Pastor Reginald Reynolds gave the invocation and Councilmember Wickliffe led in the pledges. 2021-462 CITIZENS TO BE HEARD

None to be heard CONSENT AGENDA

2021-463 CONSIDER AND ACT UPON MINUTES FROM THE CITY COUNCIL MEETING OF SEPTEMBER 28, 2021.

2021-464 CONSIDER AND ACT UPON CANCELLING THE NOVEMBER 23, 2021 AND DECEMBER 28, 2021 REGULAR CITY COUNCIL MEETINGS.

2021-465 CONSIDER AND ACT UPON A RESOLUTION DESIGNATING THE WAXAHACHIE DAILY LIGHT AND THE MIDLOTHIAN MIRROR AS THE OFFICIAL NEWSPAPERS OF THE CITY OF MIDLOTHIAN FOR FISCAL YEAR 2021-2022.

Councilmember Sibley moved to approve the Consent Agenda as presented. Motion was seconded by Councilmember Wickliffe and carried unanimously (6-0).

PUBLIC HEARINGS 2021-466 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN

ORDINANCE GRANTING A SPECIFIC USE PERMIT (SUP) FOR A CAR WASH ON LOT 2, BLOCK B, OF WALMART SUPERCENTER ADDITION, BEING 2.12± ACRES OF LAND GENERALLY LOCATED TO THE EAST OF WALTON WAY, BETWEEN W. AVENUE F AND W. MAIN STREET (BUSINESS 287) (CASE NO. SUP23-2021-185).

Mayor Reno opened the Public Hearing and Marcos Narvaez presented the Item. The applicant, Chad West, gave a presentation on the proposed project. With no other public input received, Councilmember Wickliffe moved to close the Public Hearing. Motion was seconded by Mayor pro tem Miller and carried unanimously (6-0). Councilmember Coffman moved to approve Item 2021-466 as presented and to authorize staff to work with Applicant regarding relocation of dumpster. Motion was seconded by Councilmember Hartson and carried unanimously (6-0). Councilmember Wickliffe left the dais, citing a conflict of interest with Agenda Item 2021-467 2021-467 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN

ORDINANCE AMENDING THE USE AND DEVELOPMENT OF 50.46± ACRES IN THE M. POGUE SURVEY, ABSTRACT NO. 852 DESCRIBED IN EXHIBIT “A” HERETO, BY CHANGING THE ZONING FROM AGRICULTURAL DISTRICT TO PLANNED DEVELOPMENT DISTRICT NO. 143 (PD-143) FOR RESIDENTIAL USES. THE PROPERTY IS LOCATED ±1,600 FEET SOUTH OF THE PLAINVIEW ROAD AND STOUT ROAD INTERSECTION COMMONLY KNOWN AS 4440 STOUT ROAD (CASE NO. Z41-2021-177).

Mayor Reno opened the Public Hearing and Marcos Narvaez presented the Item. Midlothian resident, Bob Crane, addressed Council regarding proposed lot sizes. The applicant, Gerald Wickliffe, addressed Council in support of the Item. With no further public input received, Councilmember Sibley moved to close the Public Hearing. Motion was seconded by Councilmember Coffman and carried unanimously (5-0). Councilmember Coffman moved to approve Item 2021-467 as presented. Motion was seconded by Councilmember Sibley and carried by a vote of 4-1, with Councilmember Hartson voting in opposition. Councilmember Wickliffe returned to the dais.

REGULAR AGENDA 2021-468 CONSIDER AND ACT UPON A REQUEST FOR TWO SPECIAL EXCEPTIONS,

BEING, 1) SECTION 6.14 OF THE SUBDIVISION ORDINANCE TO ALLOW FOR A LOT TO BE SUBDIVIDED WITHOUT HAVING STREET FRONTAGE ONTO A PUBLIC STREET (METHODIST WAY), AND 2) SECTION 4.5605(B.1) OF THE ZONING ORDINANCE TO ALLOW FOR DRIVEWAY ACCESS NOT MEETING THE MINIMUM SPACING REQUIREMENTS FOR A ±7.909 ACRES TRACT OF LAND OUT OF THE B.F. HAWKINS SURVEY, ABSTRACT NO. 464 FOR NONRESIDENTIAL USES. THE PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF U.S. HIGHWAY 287 SERVICE ROAD AND METHODIST WAY (CASE NO. M26-2021-180).

The Item was presented by Trent Robertson. Councilmember Sibley moved to approve Item 2021-468 as presented. Motion was seconded by Councilmember Coffman and carried unanimously (6-0). 2021-469 CONSIDER AND ACT UPON A RESOLUTION TO NOMINATE CANDIDATES TO

THE 2022-2023 BOARD OF DIRECTORS FOR THE ELLIS APPRAISAL DISTRICT Councilmember Coffman moved to nominate Ken Marks, John Knight and Brett Kemp. Motion was seconded by Councilmember Sibley and carried unanimously (6-0). 2021-470 CONSIDER AND ACT UPON A ONE-YEAR CONTRACT WITH ELLIS COUNTY

EMERGENCY SERVICES DISTRICT NO. 2 (ESD) TO PROVIDE FIRE AND EMS RESPONSE FOR THEM.

The Item was presented by Dale McCaskill. Councilmember Wickliffe moved to approve Item 2021-470 as presented. Motion was seconded by Mayor pro tem Miller and carried unanimously (6-0). 2021-471 CONSIDER AND ACT UPON THE EXPENDITURE OF FUNDS FOR PAVEMENT

RESURFACING SERVICES ON VARIOUS ROADS AS DESIGNATED IN THE ATTACHED QUOTE AND MAPS TO DONELSON CONSTRUCTION COMPANY, LLC IN AN AMOUNT NOT TO EXCEED $300,000.

The Item was presented by Adam Mergener. Councilmember Sibley moved to approve Item 2021-471 as presented. Motion was seconded by Councilmember Wickliffe and carried unanimously (6-0). 2021-472 CONSIDER AND ACT UPON THE PURCHASE OF A 2021 CATERPILLAR 420

C4EX BACKHOE LOADER, THROUGH HOLT CATERPILLAR, INC. OF DALLAS, TX, UTILIZING THE SOURCEWELL PURCHASING COOPERATIVE, IN AN AMOUNT NOT TO EXCEED $94,488.16.

The Item was presented by Adam Mergener. Councilmember Sibley moved to approve Item 2021-472 as presented. Motion was seconded by Councilmember Wickliffe and carried unanimously (6-0). 2021-473 CONSIDER AND ACT UPON THE PURCHASE OF A 2022 CATERPILLAR 305 CR

COMPACT MINI EXCAVATOR, THROUGH HOLT CATERPILLAR, INC. OF DALLAS, TX, UTILIZING THE SOURCEWELL PURCHASING COOPERATIVE, IN AN AMOUNT NOT TO EXCEED $44,326.62.

The Item was presented by Adam Mergener. Councilmember Sibley moved to approve Item 2021-473 as presented. Motion was seconded by Councilmember Wickliffe and carried unanimously (6-0). 2021-474 CONSIDER AND ACT UPON A LEASE-PURCHASE OF A 2022 TYMCO MODEL

600 REGENERATIVE AIR SWEEPER FROM TYMCO, INC., OF WACO, TX UTILIZING THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) PURCHASING AGREEMENT, NOT TO EXCEED $287,910.00, PLUS INTEREST OF $12,033.48 FOR A TOTAL OF $299,943.48.

The Item was presented by Adam Mergener. Councilmember Coffman moved to approve Item 2021-474 as presented. Motion was seconded by Councilmember Sibley and carried unanimously (6-0). 2021-475 CONSIDER AND ACT UPON A PRICE QUOTE FROM FILMTEC

CORPORATION, A DUPONT WATER SOLUTIONS COMPANY, FOR SUPPLYING REPLACEMENT MEMBRANE MODULES AT THE AUGER WATER TREATMENT PLANT IN THE AMOUNT OF $138,440, AS WELL AS LABOR COSTS IN THE AMOUNT OF $7,520, FOR A TOTAL NOT TO EXCEED AMOUNT OF $145,960.

The Item was presented by Mike Adams. Councilmember Sibley moved to approve Item 2021-475 as presented. Motion was seconded by Councilmember Wickliffe and carried unanimously (6-0). 2021-476 CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO

NEGOTIATE AND ENTER INTO AN AGREEMENT WITH HOEFER WELKER FOR THE ARCHITECTURAL DESIGN OF THE PUBLIC SAFETY FACILITY PROJECT.

The Item was presented by Clyde Melick. Councilmember Coffman moved to approve Item 2021-476 as presented. Motion was seconded by Councilmember Sibley and carried unanimously (6-0). Council moved to Executive Session at 7:30 p.m. for the purpose of discussing Items 1, 2, 5 and 6 with the following present: Mayor Reno, Mayor pro tem Miller, Councilmembers Sibley, Coffman, Wickliffe and Hartson; City Manager, Assistant City Manager, City Engineer and City Attorney

EXECUTIVE SESSION 1. SECTION

551.071(2) LEGAL: CONSULTATION WITH CITY ATTORNEY ON ANY AGENDA ITEM LISTED HEREIN.

2. SECTION 551.072

REAL ESTATE: DELIBERATION REGARDING REAL PROPERTY - TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. S. WALNUT GROVE ROAD RIGHT-OF-WAY.

3. SECTION 551.072

REAL ESTATE: DELIBERATION REGARDING REAL PROPERTY - TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. MCALPIN ROAD RIGHT-OF-WAY.

4. SECTION 551.072

REAL ESTATE: DELIBERATION REGARDING REAL PROPERTY - TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. 211 W. AVENUE F AND 207 N. 8TH STREET.

5. SECTION 551.074

PERSONNEL MATTERS: (A)(1) TO DELIBERATE THE EVALUATION AND DUTIES OF A PUBLIC OFFICER OR EMPLOYEE – CITY MANAGER

6. SECTION 551.087

ECONOMIC DEVELOPMENT: (1) DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT (2) TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT. PROJECTS: 2109 & 2110

Council reconvened in Regular Session at 8:40 p.m. with no action taken in Executive Session

REGULAR AGENDA 2021-477 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #1: LEGAL No action taken following Executive Session. 2021-478 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #2: REAL ESTATE No action taken following Executive Session. 2021-479 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #3: REAL ESTATE The Item was not discussed during Executive Session. 2021-480 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #4: REAL ESTATE The Item was not discussed during Executive Session. 2021-481 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #5: PERSONNEL

MATTERS Mayor pro tem Miller moved to authorize the mayor to negotiate and execute a third amendment to the Employment Agreement with the City Manager, Chris Dick, and to extend the current term for a period of four (4) additional years and provide for severance pay. Motion was seconded by Councilmember Sibley and carried by a vote of 5-1, with Councilmember Hartson voting in opposition. 2021-482 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #6: ECONOMIC

DEVELOPMENT No action taken following Executive Session.

2021-483 ADJOURN With there being no further business to discuss, Mayor Reno adjourned the meeting at 8:41 p.m.

______________________________

Richard Reno, Mayor ATTEST:

Tammy Varner, City Secretary


AGENDA CAPTION: Consider and act upon a resolution adopting the Ellis County Memorandum of Understanding (MOU) to utilize the MISD FFA Agricultural Barn for pet/animal sheltering during emergencies and disasters.

ITEM SUMMARY/BACKGROUND: The Memorandum of Understanding (MOU) between Ellis County Office of Emergency Management, City of Midlothian and Midlothian ISD seeks to establish a cooperative relationship between Ellis County’s – Office of Emergency Management (ECOEM), the City of Midlothian, and the Midlothian Independent School District. The MOU provides a framework for all entities to render assistance and services to victims of disaster, as well as other services for which cooperation may be mutually beneficial. The effective date is October 15, 2021 through October 15, 2023. The adoption of this multi-year MOU will render the City of Midlothian, Ellis County and MISD eligible for disaster assistance for animal purposes such as pet sheltering operations. SPECIAL CONSIDERATION: It is the responsibility of the City of Midlothian’s city officials to protect public health and safety and preserve property from the effects of hazardous events to include the evacuation and care for pets. This involves having the primary role in identifying and mitigating hazards and preparing for, responding to, and managing the recovery from emergency situations that affect the community. Animals play many important roles in our lives, including providing companionship, service, and food. Disasters, both natural and human-induced, can negatively affect animals just as much as people. In Texas, the Texas Animal Health Commission (TAHC) has been tasked by the Texas Division of Emergency Management with developing a planning and response system to address livestock and companion animal needs during emergencies. The TAHC works with local, state, federal, non-governmental, and sector partners to help plan for, respond to, and recover from natural disasters that affect livestock and companion and service animals. At the federal level, the Pets Evacuation and Transportation Standards (PETS) Act was signed into law on October 6, 2006. This law requires state and local disaster plans to include provisions for household pets and service animals in the event of a major disaster or other emergency. The City of Midlothian Emergency Management Plan identifies the hazards that face our community and it provides general guidance for emergency management activities and an overview of the city’s methods of mitigation, preparedness, response, and recovery. The plan describes emergency response organization, mutual, activation of resources and assigns responsibilities for various emergency tasks. This plan is intended to provide a framework for more specific functional annexes that describe in more detail who does what, when, and how. This plan applies to all local officials, departments, and agencies. The primary audience for the document includes our chief elected official(s), the emergency management staff, department and agency heads and their senior staff members, leaders of local volunteer organizations that support emergency operations, and others who may participate in our mitigation, preparedness, response, and recovery efforts.

FINANCIAL IMPACT/FUNDING SOURCE: The MOU does not render all parties subject to a financial obligation. Reimbursements to the City of Midlothian and MISD for expenditures during disasters may be contingent upon funds appropriated by the Federal Emergency Management Agency (FEMA) Public Assistance program. Each entity is separately responsible for establishing its own policies and financing its own activities.

ATTACHMENTS: 1. Draft Resolution with Exhibit A - Memorandum of Understanding with the City of Midlothian, MISD and Ellis County 2. Ellis County Animal Shelter Plan ALTERNATIVES: Approve or deny RECOMMENDATION: Staff recommends authorizing approval of a Resolution of the City Council of the City of Midlothian, Texas, authorizing the Mayor to sign the Ellis County Memorandum of Understanding (MOU) to utilize the MISD FFA Agricultural Barn for pet / animal sheltering during emergencies and disasters. The signed MOU will be submitted to the Midlothian ISD and Ellis County Commissioner’s Court for their review, approval and signatures. This signed MOU will be an attachment of the Ellis County Animal Shelter Plan, Appendix 5 to Annex N: EOC Direction and Control. Appendix 5 is the Animal Sheltering Standard Operating Guides. SUBMITTED BY and TO BE PRESENTED BY: Tonya Hunter, Emergency Management Coordinator for the Tuesday, October 26, 2021 City Council meeting.

Tonya Hunter, CEM, TEM REVIEWED BY:

APPROVED BY:

1

RESOLUTION 2021-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN ELLIS COUNTY OFFICE OF EMERGENCY MANAGEMENT, CITY OF MIDLOTHIAN, AND MIDLOTHIAN ISD; AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING AN EFFECTIVE DATE OF OCTOBER 15, 2021 AND EXPIRE ON OTOBER 15, 2023.

WHEREAS, the City Council of the City of Midlothian agrees that we are exposed to many hazards, all of which the potential for disrupting the community, causing casualties, and damaging or destroying public or private property, and impact pets and animals and

WHEREAS, the City Council of the City of Midlothian agrees that it is possible for an emergency / disaster to occur at any time and at any place. In many cases, dissemination of warning to the public and implementation of increased readiness measures may be possible. However, some emergency situations occur with little or no warning, and

WHEREAS, it is the responsibility of city officials to protect public health and safety and preserve property from the effects of hazardous incidents. This involves having the primary role in identifying mitigating hazards, preparing for and responding to, and managing the recovery from emergency situations that affect our community, and

WHEREAS, Animals play many important roles in our lives, including providing companionship, service, and food. Disasters, both natural and human-induced, can negatively affect animals just as much as people. In Texas, the Texas Animal Health Commission (TAHC) has been tasked by the Texas Division of Emergency Management with developing a planning and response system to address livestock and companion animal needs during emergencies. At the federal level, the Pets Evacuation and Transportation Standards (PETS) Act was signed into law on October 6, 2006. This law requires state and local disaster plans to include provisions for household pets and service animals in the event of a major disaster or other emergency, and

WHEREAS, The Memorandum of Understanding (MOU) between Ellis County Office of Emergency Management, City of Midlothian and Midlothian ISD seeks to establish a cooperative relationship between Ellis County’s – Office of Emergency Management (ECOEM), the City of Midlothian, and the Midlothian Independent School District. The MOU provides a framework for all entities to render assistance and services to victims of disaster, as well as other services for which cooperation may be mutually beneficial. The adoption of this multi-year MOU will render the City of Midlothian, Ellis County, and MISD eligible for disaster assistance for animal purposes such as pet sheltering operations.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS, THAT:

SECTION 1. That the City Council of the City of Midlothian approves and accepts the terms and conditions of the Memorandum of Understanding between Ellis County, City of Midlothian and Midlothian ISD, attached hereto as Exhibit A, for the City of Midlothian; and authorizing the Mayor to execute for and on behalf of the City of Midlothian.

ATTACHMENT 1

2

SECTION 2. That all provisions of the Resolutions of the City of Midlothian, Texas, in conflict with the provisions of this Resolution be, and the same are hereby, repealed, and all other provisions of the Resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 4. This Resolution shall take effect October 15, 2021. DULY RESOLVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS, ON THIS 26TH DAY OF OCTOBER, 2021.

CITY OF MIDLOTHIAN

____________________________________Richard Reno, Mayor

ATTEST: ___________________________________ Tammy Varner, City Secretary (06-18-2019:TM108857)

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MEMORANDUM OF UNDERSTANDING BETWEEN

THE ELLIS COUNTY OFFICE OF EMERGENCY MANAGEMENT

THE CITY OF MIDLOTHIAN AND THE MIDLOTHIAN INDEPENDENT

SCHOOL DISTRICT

Exhibit A

of 7

MEMORANDUM OF UNDERSTANDING BETWEEN

THE ELLIS COUNTY OFFICE OF EMERGENCY MANAGEMENT THE CITY OF MIDLOTHIAN AND THE MIDLOTHIAN INDEPENDENT

SCHOOL DISTRICT

I. Purpose

The purpose of this Memorandum of Understanding (“MOU”) is to define a working relationship between Ellis County, Texas on behalf of the Ellis County Office of Emergency Management (“ECOEM”), the City of Midlothian, and the Midlothian Independent School District (“MISD”), in preparing for and responding to certain disaster situations by providing shelter and other assistance to address basic animal needs. This MOU provides the broad framework for cooperation between the Ellis County Office of Emergency Management, the City of Midlothian, and the MISD in rendering assistance and service to animals in the event of a disaster, as well as other services for which cooperation may be mutually beneficial.

II. Independence of Operations

Each party to this MOU will maintain its own identity in providing service. Each organization is separately responsible for establishing its own policies and procedures and financing its own activities.

The ECOEM, the City of Midlothian, and the MISD agree that each shall be responsible for its own negligent acts or omissions or other tortuous conduct in the course of performance of this Agreement, without waiving any governmental immunities and defenses available to Ellis County, the City of Midlothian, or the MISD under Texas law. Nothing in the paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities.

The parties agree that they will, at all times during the Term of this MOU, maintain in full force and effect insurance or self-insurance to the extent permitted by applicable laws, and that is maintained at appropriate levels of insurance commensurate with each party’s obligations hereunder and in accordance with sound accounting practices. The parties will be responsible for their respective costs of such insurance, any and all deductible amounts in any policy and any denials of coverage made by their respective insurers.

III. Disasters Covered by this MOU

The Federal Law governing disaster relief, found in Title 42, Chapter 68 of the United States Code defines “emergencies” and “major disasters” as follows:

“Emergency” means any occasion or instance for which, in the determination of the

President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a

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catastrophe in any part of the United States.

“Major Disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

Some disasters are natural disasters, such as floods, tornados, hurricanes, typhoons, winter storms, tsunamis, hail storms, thunderstorms, wildfires, epidemics, and earthquakes. Human-caused disasters which may be intentional or unintentional include disasters such as residential fires, building collapses, transportation accidents, hazardous materials releases, explosions, and domestic acts of terrorism. The City of Midlothian and MISD will respond in such disasters and assist with animal related disaster relief activities including animal sheltering and transport using available resources, at the request of the ECOEM.

IV. The City of Midlothian and MISD Disaster Relief Assistance

The City of Midlothian and MISD emergency assistance is designed to minimize the immediate suffering caused by a disaster by providing shelter and other assistance to address basic animal needs. As to MISD, this would include the temporary sheltering of displaced animals at MISD’s Ag Farm.

The City of Midlothian and MISD’s disaster responses may vary depending upon available resources and the nature and scope of the required response. Available personnel and resources will be deployed at the request of ECOEM.

V. Role of the Office of Emergency Management

ECOEM is responsible for directing and coordinating responses for disasters, emergencies and threat assessment of terrorism.

ECOEM has coalitions with local law enforcement, fire-rescue departments, government entities and appropriate public or private organizations necessary to develop, implement and respond to security and emergency concerns.

VI. Methods of Cooperation

ECOEM recognizes that the City of Midlothian and MISD have resources and capabilities to assist in responding to domestic disasters affecting people and animals. Therefore, ECOEM, the City of Midlothian, and MISD desire to maintain a harmonious

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and cooperative relationship in providing emergency animal sheltering services to the community when it is affected by a disaster. In order that the resources of the City of Midlothian, MISD, and the Ellis County Office of Emergency Management are coordinated and used to the fullest advantage in rendering disaster relief, all agencies agree to the following: A. Maintain close liaison between the City of Midlothian, MISD and the ECOEM by

conferences, meetings, telephone, facsimile, e-mail, and other means. Each organization agrees to share current relevant data regarding disaster declarations and changes in applicable legislation or regulation.

B. The City of Midlothian, MISD and the ECOEM agree to supply the other with disaster response points of contact on an annual basis.

C. All parties agree to include a representative of the other party in appropriate committees and/or task forces formed to mitigate, prepare for, respond to, and recover from disasters and other emergencies.

D. All parties will be encouraged to engage in training, educational or developmental opportunities, as appropriate.

E. All parties agree to keep each other informed of disaster and emergency situations, the human and/or animal needs created by the events, and the actions they have taken regarding services delivery to the affected area and victims.

F. During a disaster the City of Midlothian and MISD will, as appropriate at the request of ECOEM and to the extent personnel, equipment, and resources are determined to be available, provide liaison personnel to the County’s Emergency Operations Center or other applicable location during a disaster. ECOEM will provide space and other required support, such as computer, e-mail access and a designated phone line for the City of Midlothian and MISD liaison personnel assigned to the Emergency Operations Center or other applicable location, when possible.

G. Direct supervision and control of MISD personnel, equipment, and resources and personnel accountability remain the responsibility of the designated supervisory personnel of MISD. MISD’s personnel and other resources are subject to re-call at any time, subject to reasonable notice to ECOEM.

H. As appropriate, ECOEM, the City of Midlothian and MISD will provide identifying apparel or badges to wear in any activities performed with this Memorandum of Understanding.

I. All parties and their staff members will work cooperatively at the scene of a disaster and in the disaster recovery, within the scope of their respective roles and duties.

J. Recognizing the need for advising the public of the work of all parties, ECOEM, the City of Midlothian, and MISD will make every effort, through their public information offices during the time of the disaster, to keep the public informed of their cooperative efforts.

K. The ECOEM will not impede the City of Midlothian or MISD’s efforts conducting special appeals and campaigns for funds during times of disaster.

L. All parties will encourage mutual participation and coordination of services to the community.

M. All parties agree to display the name, emblem, or trademarks of the City of Midlothian, MISD, and ECOEM only in the case of defined projects and only with the prior express written consent of the other parties.

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N. All parties agree to distribute this MOU within their respective organizations, departments, and administrative offices and encourage cooperation.

VII. Financial Obligation

Signature of this Memorandum of Understanding does not constitute a financial obligation on the part of ECOEM, the City of Midlothian, or MISD. Each signatory party is to use and manage its own funds in carrying out the purpose of this Memorandum of Understanding.

VIII. Funds Availability

Reimbursement to the City of Midlothian or MISD for expenditures during a disaster from the ECOEM may be contingent upon funds appropriated by the Federal Emergency Management Agency as described in the Disaster Assistance Policy DAP9523.19, “Eligible Costs Related to Pet Evacuation and Sheltering.” Other portions of grant funds may be contracted to the City of Midlothian or MISD to assist in the completion of tasks related to the responsibilities outlined in this Memorandum of Understanding. It is understood and agreed that any monies allocated for the purposes covered by this Memorandum of Understanding shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the party making the funds available.

IX. Periodic Review

The parties will, on an annual basis, on or around the anniversary date of this MOU, jointly evaluate their progress in implementing this MOU and revise and develop new plans or goals as appropriate.

X. Term and Termination

This MOU is effective as of October 15, 2021. It will expire on October 15, 2023. Six months prior to expiration, all parties will meet to review the progress and success of the cooperative effort. In connection with such review, all parties may decide to extend this MOU for an additional period of time not exceeding five years, and if so, shall confirm this in a signed writing. This MOU may be terminated by written notification from either party to the other at any time for any reason or for no reason.

XI. Miscellaneous

A. This MOU does not create a partnership or a joint venture. Neither party has the

authority to bind the other to any obligation. It is not intended that this MOU be enforceable as a matter of law in any court or dispute resolution forum. The sole remedy for non-performance under this MOU shall be termination, with no damages or penalty.

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B. This MOU is expressly made subject to Ellis County’s sovereign immunity, Title 5 of the Texas Civil Remedies Code; the City of Midlothian’s governmental immunity; MISD’s governmental immunity, and all applicable State and federal law. The parties expressly agree that no provision of this MOU is in any way intended to constitute a waiver of any immunities from suit or from liability that the parties have by operation of law.

[Signature Page to Follow]

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Ellis County, Texas

NAME: Date:

Signature: Title: County Judge

Date:

Date:

Midlothian Independent School District

NAME:

Signature: Title: _______________________________

City of Midlothian

NAME: Richard Reno

Signature: Title: Mayor

October 26, 2021

Ellis County Appendix to Annex N: Animal Shelter Plan

& Standard Operations Guidelines:

Animal Shelter Tactical Plan

ATTACHMENT 2

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Table of Contents Table of Contents 1

Introduction 5

Intended Audience, Purpose, Scope, Situation, Assumptions & Limitations 6

Intended Audience 6

Purpose 6

Scope 6

Situation 6

Shelter Type 6

Animal Populations 12

Personnel Resources 14

Animal Containment and Husbandry Resources 14

Facilities 16

Assumptions 17

Limitations 17

General 19

Activation 19

Escalation 19

Readiness Level 4 – Normal Operations. 20

Readiness Level 3 – Increased Readiness. 20

Readiness Level 2- High Readiness. 20

Readiness Level 1 – Maximum Readiness. 20

Capacity Determination 21

Direction and Control 31

Organization Chart 31

Command Staff 31

Animal Issues Branch Organization Chart 32

Position Description and Staffing 32

Companion Animal Shelter Supervisor 32

Livestock Shelter Supervisor 32

Safety Officer 32

Public Information Assistant 33

Animal Evacuation Supervisor 33

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Animal Rescue Supervisor 33

Veterinary Medical Supervisor 33

Admissions Leader 33

Animal Husbandry Supervisor 33

Logistics Supervisor 34

Maintaining Situational Awareness 34

Animal Issues Branch Director 34

Data Management 35

Admissions 38

Found/Rescued Companion and Livestock Animals 39

Concept of Operations 40

Establishing the Emergency Animal Shelter 40

Facility Overview/ Traffic Flow : Ellis County Expo Center Emergency Animal Shelter 40

Staging and Admissions 46

Traffic Flow & Shelter Locations by Species 47

Facility Overview/ Traffic Flow: Midlothian FFA Ag Barn 48

Staging and Admissions 49

Traffic Flow & Shelter Locations by Species 50

Biosecurity 55

General Biosecurity Guidelines: 55

General Disease Prevention: 58

Safety 60

Animal Safety: 60

Personal Safety: 61

Veterinary Medical Care 61

Animal Care and Husbandry 61

Mortuary Management 63

Animals with Owners Present 63

Owner Not Present Animals 63

Euthanasia Procedure: 64

Deceased Animal Holding: 65

Service Animals 65

Discharge (Re-Unification) 66

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Facility Demobilization 67

Financial Accountability 68

Jurisdiction Personnel Tracking 68

Vehicle Use 68

County-owned vehicles 68

Volunteer vehicles 68

Volunteer Tracking- documented on a master spreadsheet in Excel 69

Local Procurement- 69

Donations Management: 69

Attachment 1: State of Texas Assistance Request (STAR) Example Wording 69

Item Name: Companion Animal Kennels 69

Ellis County, Texas Emergency Animal Shelter Director: Position Description and Responsibilities 73

Position Description 73

Position Responsibilities by Phase of Emergency Cycle 73

Readiness Level 4 73




Emergency Operations 74

Ellis County, Texas Emergency Animal Shelter Safety Supervisor: Position Description and Responsibilities 75








Ellis County, Texas Emergency Animal Shelter Admissions Supervisor: Position Description and Responsibilities 76





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Ellis County, Texas Emergency Animal Shelter Animal Husbandry Supervisor: Position Description and Responsibilities 78

Position Description and Responsibilities 78







Ellis County, Texas Emergency Animal Shelter Logistics Supervisor: Position Description and Responsibilities 79








Ellis County, Texas Emergency Animal Shelter Veterinary Medical Supervisor: Position Description and Responsibilities 81





Resident Level 2 81



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Introduction This document is a tactical plan under the Ellis County Emergency Management Plan, which responds to state and federal laws, policies, doctrine and guidelines. In responding to federal and state emergency response doctrine and, specifically, the National Response Framework (NRF), the State of Texas Emergency Management Plan (State Plan), and the Ellis County Emergency Management Plan takes into account the needs of the whole community, including animals, likely to be affected by an incident, emergency or disaster. According to the Pets Evacuation and Transportation Standards Act of 2006, a part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, operations involving the evacuation and sheltering of people from evacuation zones must involve the evacuation and sheltering of their household pets, service animals, and halter-broke livestock animals. Service animals must accompany their owners at all times during evacuation and while in public shelters and mass care support processes. The Disability Task Force highly recommends that emotional support animals, animals that provide therapeutic benefit to a person with a mental disability, also be permitted. Emergency sheltering of dogs and cats belonging to residents of Ellis County, Texas and to persons evacuated to Ellis County, Texas will be performed as an integrated component of over-all emergency response operations. Service animals and emotional support animals will accompany and be housed with their owners in all phases of emergency sheltering. Emergency sheltering of dogs and cats will be initiated by order of the Ellis County, Texas County Judge or their designee or Mayor of impacted community (City). This tactical plan is intended to provide guidance. Ellis County, Texas judgment and discretion will determine the most appropriate actions at the time of an incident.

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Intended Audience, Purpose, Scope, Situation, Assumptions & Limitations

Intended Audience This tactical-level plan is written for personnel and volunteers performing animal emergency sheltering operations.

Purpose The purpose of this document is to provide tactical guidance for performing animal emergency sheltering in Ellis County, TX during an emergency and/or disaster incidents. This plan will be implemented by the County Judge or their designee or Mayor of impacted community (City).

Scope

The scope of this document covers emergency shelter operations for animals following a local, no-notice disaster. Sheltering will be provided for displaced animals who are healthy and need minimal veterinary care. The guidelines presented in this document can likely be adjusted to meet the needs of a scenario where Ellis County is not the primary disaster site, but rather an evacuation site for people affected by a disaster in some other location.

Situation

Shelter Type The shelter type for Ellis County Emergency Animal Shelter will be an Emergency Stand-Alone Shelter at the following locations. The Ellis County Expo Center will possibly turn into a modified co-located shelter if an MOU with the Cowboy Church is obtained through a shelter agreement with the American Red Cross to shelter people. ● PRIMARY: Emergency stand-alone Animal Emergency Shelter - Ellis

County Expo Center

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○ This includes companion animals such as dogs, cats, birds, rabbits, rodents, reptiles and turtles that are sheltered on site without their owner. Additional information will be required to determine if Ellis county will accept exotic species, but they will be included if admitted with their own enclosure and supplies.

○ This includes halter-broke livestock animals such as cattle, sheep, and goats.

○ Horses will not be accepted (at Expo Center) and will be brought to the Cowboy Church or support from a neighboring county.

○ Range/pasture livestock cannot be sheltered at this location. These must be sheltered in place.

○ Reptiles may be taken on a case-by-case basis as mentioned above. ○ If an MOU is formed with the Cowboy Church, the shelter may be

transitioned to a co-located shelter.

● SECONDARY: Emergency stand-alone Animal Emergency Shelter - Midlothian FFA Ag Barn

○ This includes companion animals such as dogs, cats, birds, rabbits, rodents, reptiles and turtles that are sheltered separate from their owners.

○ This includes small livestock such as goats, sheep, and poultry. ○ This includes halter-broke livestock such as cattle. ○ Range/pasture livestock cannot be sheltered at this location. They

must be sheltered in place. ○ Reptiles may be taken on a case-by-case basis as mentioned

previously. ○ Horses will not be accepted and will be brought to a different location

or neighboring county. Risks and Potential Hazards ● Natural: ● 12 Natural Hazards that can cause potential damage in the county

○ Wildland fires, flooding, and dam failure are the only hazards to have predictable vulnerable areas. All other hazards are equally likely to occur throughout the Ellis County jurisdictions.

● Flood risk: Low

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Figure 1. Flood Zones (2012) in Ellis County

○ Earthquakes: No risk ○ Fire risk: Low to Moderate

Figure 2. Fire risk map of Ellis county

https://www.midlothian.tx.us/DocumentCenter/View/3141/Ellis-County-Hazard-Mitigation-Action-Plan

https://texaswildfirerisk.com/

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○ Tornadoes: moderate to high risk

Figure 3. Ellis County Tornado Tracks

○ Drought: Moderate Risk ○ Hail: Low risk ○ Winter Storms: Low risk ○ Expansive Soils: Negligible to no risk ○ Extreme Heat: Moderate to high risk ○ High Winds: Moderate risk ○ Lightning: Moderate risk ○ Dam Failure: Negligible to no risk

■ Many dams in Ellis County are nearing the end of their designed project lives and are in need of detailed evaluations and consistent maintenance. There is an increase in

https://www.weather.gov/fwd/ellis-tor

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development downstream of the dams has put more people, property, and infrastructure at risk.

Table 1. List of Ellis County Dams:

https://texas.hometownlocator.com/features/cultural,class,dam,scfips,48139.cfm

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Figure 4. Map of Ellis County Dams

Man- made Hazards: ● Major highways:

-Interstate 35E -Interstate 45 -U.S. Route 67 - U.S. 77 -U.S.287 -State Highway 34 -State Highway 342

● Power plants: -Ennis Power Company 4001 West Ennis Avenue Ennis, TX. -Hill County Generation Facility 3750 Farm to Market 66 Waxahachie, TX. -Midlothian Energy Facility 4601 Brookhollow Drive Midlothian, TX.

● Radiation/ Nuclear ● Colleges:

- Southwestern Assemblies of God University Tarleton State University / Navarro College / Midlothian Higher Education Center

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● Industrial Chemicals: -Son-Lan Industries Inc -Ennis Steel Industries Fabrication Shop -Texas Industries Inc -Stelco Industries Inc -Lifoam Industries Inc -Helena Chemical Co -Airgas Operations -Green Industries -Cardinal CG -Berry Global -ALVAR industries, LLC -Mar-Tek Industries -Chameleon Industries Inc

● Chemicals; total on- and offsite disposal or other releases (lbs)- 2019 data:

- Styrene; 145,423 - Sulfuric acid; 119,914 - Hydrogen sulfide; 50,898 - Manganese compounds; 374,697 - Ammonia; 34,061 - Formaldehyde; 2,580 - Zinc compounds; 365,657

Animal Populations The estimated populations by species provided below is based on the total estimated human population in Ellis County, Texas. It is anticipated that the vast majority of animals will not need emergency shelter due to differences in impact geographically, evacuation by owner, and the ability to provide shelter-in-place. The estimated population of household pets in Ellis County, Texas as predicted by the AVMA Pet Calculator is provided below. The human population in Ellis County as of 2019 was approximately 184,826. According to AVMA Pet calculator, the companion animal population is estimated at: ● Dogs: 35,186 ● Cats: 26,189

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● Exotic animals (birds): 3,324

According to the 2017 USDA Census of Agriculture, the livestock population is estimated to be ● Equine: 3,068 ● Food Animal:

○ Poultry: 10,438 ○ Cattle: 50,563 ○ Small Ruminants: 7,566 ○ Swine: 756

The numbers provided above are estimates from the 2019 Census. The actual number of impacted household pets entering a shelter during an emergency situation is likely to be significantly less. Below is an estimate for 1-2% of the companion animal population, which we would expect to need emergency shelter during a no-notice emergency. This percentage of the population would be equivalent to a disaster that would only impact a small portion of Ellis County. ● Dogs: 352 ● Cats: 262 ● Exotic animals (birds): 33 ● Equine: 31 ● Food Animal:

○ Poultry: 104 ○ Cattle: 506 ○ Small Ruminants: 76 ○ Swine: 8

Below is an estimate for 5-10% of the companion animal population, which we would expect to need emergency shelter during a no-notice disaster that impacts a significant portion (~10%) of Ellis County. ● Dogs: 3,519 ● Cats: 2,619 ● Exotic animals (birds): 333 ● Equine: 307 ● Food Animal:

○ Poultry: 1,044 ○ Cattle: 5,056 ○ Small Ruminant: 757 ○ Swine: 76

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*Refer to Cowdex (Ellis County Dispatch) for estimated cattle population per property and to help identify lost cattle.

These estimates are specific to Ellis County and may not reflect expectations for evacuation events from other counties where Ellis County is the area receiving evacuees and their animals.

Personnel Resources Personnel responsible for providing emergency shelter for animals will primarily come from volunteers. These volunteers can come from Ellis County animal shelter volunteer lists for small animals, the Dallas SPCA VOAD, MOU with the local SPCA. Large animal care will be directed by Agrilife Extension with specific volunteers from local ranchers, FFA and 4H chapters. In the event where local resources are overwhelmed or unable to sustain the response, then the county can reach out for regional, state, and/or national assistance with a STAR. For specific veterinary medical personnel, Dr. Susan Heath with Heath Mobile Veterinary Services has local connections with the veterinary clinics and their staff veterinarians for short term events. If local veterinary resources are not available, regional and state resources, such as the VET emergency team, may be accessed with a STAR.

Animal Containment and Husbandry Resources There are currently kennels, bowls, etc available through local jurisdictions in case of emergency. Kennels can be obtained by a donation drive from the local community. PetSmart, Petco, and Tractor Supply will sometimes donate supplies as well. Large wire dog crates (42”x30”x28”) of all one size are recommended for use by all animals as they are easier to transport, clean, stack, etc. during times of need. Several larger kennels (magnum cages) for giant dogs (Great Danes, Mastiffs, etc.) will be needed as well. Kennels are also available through mutual aid through Tri-City Animal Shelter for AKC Animal Response Trailer (Located in Cedar Hill), SPCA of Texas (Ellis County & Dallas) the Midlothian Target distribution center and neighboring counties. Any additional resources required (i.e., tents, more cages, generators etc.…) will need to be requested from the State of Texas via the completion of a State of Texas Assistance Request (STAR) form (Attachment 1). Additional resources can also be obtained via donations from privately funded organizations or individuals. Please note that in a large scale, no-notice event, the amount of

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donations from privately funded organizations may be limited given potential widespread need for similar supplies in multiple different locations. Please note that additional resources from a State of Texas Assistance Request (STAR) could take up to 2-3 days to arrive in a no-notice event. If more supplies/kennels are needed emergently, these can be bought at local stores and reimbursed at a later date through the State. Animal care will be provided by the Animal Control Officers and volunteers at the Ellis County Expo Center or Midlothian FFA Ag Barn, whether or not the animal was presented to the shelter by an owner or was rescued and brought to the shelter for safe harbor. However, owners who bring their animals for temporary shelter at the Ellis County Expo Center or Midlothian FFA Ag Barn emergency shelters will be encouraged to supply food and medical records for their animals, if at all possible. Please note that during a disaster, this may not be feasible for most citizens affected. Specific medications, to include prescription medications and prescription diets, will need to be supplied by the owners and will not be supplied by the Ellis County Expo Center or Midlothian FFA Ag Barn emergency shelters. In the event that an owner is unable to supply specific medications as stated above that are deemed medically necessary, the Veterinary Medical Supervisor (described later on) may request that the volunteer or contracted veterinarian supply specific medications, if possible, for an animal in the care of the emergency shelter and the owner will be responsible for the cost of the medication at the time of discharge. Upon dropping their animal off at a shelter, owners whose pets require specific medication will need to sign a contract stating that they are financially responsible for reimbursing the volunteer or contracted veterinarian for their products and services. Any volunteer veterinarians may provide aid for a short period of time at their discretion, but a STAR will need to be requested to ensure veterinary care beyond their volunteer service. Local veterinarians are under no obligation to provide resources beyond their means or comfort. Exotic animal species such as pocket pets, caged birds, reptiles and amphibians will be housed at the discretion of the shelter. However, it will be encouraged that the owner-provided housing, food and medications when able. As some of these species have very specific husbandry requirements, it is important to note that standard of care may not be able to be provided at the shelter if the owner is unable to provide proper equipment and food due to disaster.

Veterinary Clinics: Roughly 30 veterinary clinics in Ellis County. A future meeting can be held with the local veterinary community to discuss who would be interested in volunteering for triage.

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Animal Shelter Personnel

● Animal Control Office Personnel ● SPCA of Texas (Ellis County and assistance from SPCA of Texas in Dallas

by request from SPCA)

Facilities Primary Facility:

● Ellis County Expo Center ○ 2300 US-287, Waxahachie, TX 75167

Secondary Facility: ● Midlothian FFA Ag Barn

○ 1851 Mockingbird Ln. Midlothian, TX 76065

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Assumptions 1. The primary emergency animal facility will be undamaged and available

for emergency animal sheltering operations. 2. Required personnel will be available for emergency animal sheltering

operations. 3. Resource shortfalls will be obtained through local procurement or from

regional, state, or federal sources. 4. Veterinary medical support will be available from local, regional, or state

resources. 5. Sheltering resources, kennels, bowls, litter boxes, etc., will be provided by

owners or available from local, regional, or state resources. 6. Local veterinary medical resources will be available for animals whose

injuries or health conditions preclude admission to the Ellis County, Texas emergency animal shelter. Services will be provided on a volunteer basis.

7. Owners of animals being evacuated to Ellis County; Texas will be financially responsible for veterinary medical support provided. This veterinary medical support will be based on the client-veterinarian relationship and will exclude Ellis County, Texas.

8. The duration of emergency animal sheltering operations will be dependent on the nature of the incident. An anticipated closure date will be provided to owners as they are admitted. This closure date will be updated as the response matures and transfers to the Recovery phase.

9. Animals that are not retrieved by their owners at the end of emergency shelter operations will be handled as per existing Ellis County and City stray animal ordinances. We recommend establishing a community fostering program to allow animals that are not discharged to have a longer period of time to be reunited with their owners.

10. Animal control will provide quarantine of rabies suspects and those animals involved in bite incidents.

11. Large dog kennels average a size of 42”x28”x30”. This size kennel will be used for small, medium and large dogs. These kennels will also be used for cats as this provides more room for the litter box and a sleeping/eating area. Giant dogs or farming dogs will be housed in Magnum cages (4’x4’) or properly modified small livestock pens.

Limitations 1. Personnel and resources may be unavailable as a result of local disaster

conditions or no-notice event.

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2. Ellis County Texas does not currently employ a full-time veterinarian. Veterinary medical services are provided on a contract or volunteer basis. This may limit veterinary medical support during a disaster.

3. Ellis County can only provide emergency shelter for companion animals and halter broke livestock. Ellis County will potentially not be able to shelter snakes or other exotics. If a significant number of range cattle need to be sheltered, they will need to go to the local sale barns or shelter in place.

4. The ability of the SPCA of Texas (Ellis County) or local animal shelters to send current animals into foster homes may be limited as a result of a no-notice event that occurs within Ellis County.

5. The Ellis County Animal Control facility’s quarantine space is limited to the available kennels and cages in that facility.

6. Ellis County Animal Control volunteers may not be available to assist with operations when the incident being responded to occurs in Ellis County, Texas.

7. The shelter locations do not have backup generators in the event that the power goes out during a disaster.

8. Any generators obtained by the county must be able to power the essential power sources of the shelter facility in order to maintain animal and human welfare. The capacities of available generators are unknown at this time.

9. The Ellis County Expo center outdoor barn portion and a portion of the Midlothian FFA barn does not have heaters in the event of a winter storm event. There are areas of the Midlothian Ag Barn that are heated.

10. The Midlothian FFA Ag Barn is on city water. A small amount of animal waste can safely be flushed down the drain.

11. The Ellis County Expo Center is on a septic tank system. This means all animal waste must be disposed of by means other than the drainage system.

12. If the city water is disrupted or contaminated during a disaster, the Midlothian Ag Barn will not be able to be used as an emergency animal shelter.

13. In the event of a large-scale disaster affecting 5-10% of the animal population, both primary and tertiary locations will only be able to shelter companion animals (dog and cats). In that instance, all livestock and horses must be sheltered at alternative locations or sheltered in place.

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General 1. The Ellis, Texas County Judge has authorization responsibility for ordering

Readiness Level posture changes. 2. The Incident Commander with input from the Animal Issues Branch

Director and the Emergency Management Coordinator (EMC) will determine the need for initiating and concluding emergency animal shelter operations.

3. The Ellis, Texas County Judge or Mayor of the impacted community (City) has authorization responsibility for initiating and concluding animal shelter operations.

4. Emergency operations will be National Incident Management System (NIMS) Guidelines compliant

Activation

1. The Office of Emergency Management (OEM) will notify the Animal Issues Committee (AIC) of advanced Readiness Level status and provide briefings on anticipated animal shelter requirements with each advance in Readiness Level.

2. The AIC will perform a Capacity Determination when ordered to advance to Readiness Level 2.

3. Incident Command will order initiation of emergency animal shelter operations.

Escalation Escalation of operations beyond established capacity determination will be performed as described below.

1. Local procurement from existing vendors (equipment and supplies) 2. Acquisition from regional jurisdictions through existing mutual aid

agreements (equipment, supplies, personnel) 3. Submission of a State of Texas Assistance Request (STAR) to the State

Emergency Operations Center (SOC). Example STAR requests for companion animal and livestock sheltering supplies, companion animal and livestock sheltering staffing, and veterinary medical support are provided as Attachment 1.

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Readiness Levels

Readiness Level 4 – Normal Operations. 1. Maintain Emergency Animal Sheltering Tactical Plan in a current state. 2. Perform annual emergency animal shelter exercise.

Readiness Level 3 – Increased Readiness. 1. Convene a meeting of the Ellis County, TX Emergency Animal Shelter sub-

committee. 2. Review the personnel contact list for accuracy. 3. Perform pre-incident facility and equipment inspection (Attachment 2). 4. Perform or complete any required remedial measures to emergency

animal shelter resources. 5. Review Emergency Animal Shelter Tactical Plan 6. Develop draft public messaging and submit to Public Information Officer

(PIO). 7. Confirm availability of personnel, volunteers, facilities and equipment. 8. Develop a plan for transferring animals housed at Animal Shelter to non-

impacted animal shelter organizations.

Readiness Level 2- High Readiness. 1. Test communications among emergency animal sheltering operations

staff. 2. Confirm availability and operational status of required resources and

personnel. 3. Confirm availability of critical personnel. 4. Report estimated animal sheltering capacity to Office of Emergency

Management 5. Receive briefing on emergency situation. 6. Stage necessary resources. 7. Initiate setting up equipment 8. Initiate transferring of animals housed at Animal Shelter to non-impacted

animal shelter or rescue organizations. 9. Relocate remaining resident populations to high-risk kennels.

Readiness Level 1 – Maximum Readiness. 1. Activate communications among emergency animal sheltering operations

staff. 2. Deploy necessary resources to the shelter location. 3. Complete establishment of Emergency Animal Shelter

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Animal Mass Care and Shelter

Capacity Determination

The emergency animal shelter capacity will be calculated at the beginning of emergency operations and repeated on a daily basis. Capacity determination analysis will be provided in daily situational reports.

In the event that the emergency situation exceeds the facility capacity of *see table below* companion animals, the Emergency Companion Animals Supervisor will need to:

1) reach out to other county or state entities to gain access to additional cages and paneling (i.e., issuing a STAR for state reserve cages, TAMU VET, etc., or soliciting donations from PetSmart, Petco and other private entities)

2) and/or open up another shelter (another barn to set up kennels under or Midlothian FFA Ag barn) for more space

a) If companion animals are the primary animal group affected, and if there are not yet enough crates/kennels available to house the affected companion animals, the livestock pens in the Midlothian FFA Ag Barn can be used for dogs only.

Ellis County, Texas: Emergency Shelter for DOGS/EXOTICS Ellis County Expo: Event Center Floor and Office

Current Available Resources

Maximum Capacity^^ Requirements

1. Ellis County Expo Center (Main Floor and Electrical): Maximum animal capacity by species and location

Ellis County Expo Center Main Floor

Healthy Dogs (Main Floor): 450 *900 if doubled stacked Isolation Dogs (Main Floor): 60 Total: 510 Total with double stacking: *960 **Exotics (Office)

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2. Number of available kennels and ancillary equipment

Fair pens: (4’x4’/5’x5’):500 Large cages (42”x30”x28”): Survey Results: 32 Magnum cages (4’x4’x10’): 0

Large cages (42”x30”x28”): 32 Magnum cages (4’x4’x10’): 0

3. Total number of animals overseen by personnel

Disaster dependent 510 total animals *960 Total animals with double stacking

4. Animal husbandry -1 trained person per 15 non-isolation dogs -2 trained people per 15 isolation dogs -1 trained person for exotics

Preferred 7 trained personnel per shift

42 total trained personnel per shift (all dogs)

*68 if double stacked healthy dogs

1 total trained personnel per shift (exotics)

5. Estimated functional capacity

Ideal functional capacity would be contingent on the amount of trained personnel present.

Approximate functional capacity would be 510 dogs (*960 double stacked healthy dogs) if trained personnel and kennels are present

*Small, medium, and large-sized dogs will be housed in large dog wire kennels (42”x30”x28”) to facilitate stacking of kennels as needed. Magnum cages (28) can be reserved for outdoor dogs accustomed to larger living spaces.

**Depending on size of enclosures (provided by owners) and if shelving/tables are available for stacking. ^ Magnum cages can be reserved for outdoor/farming dogs accustomed to larger living spaces. ^^ The maximum capacity calculated here accounts for the use of space in the Ellis County Expo Center In the event of exceeding these maximum capacity requirements, additional housing space would be required and would involve setting up kennels Midlothian FFA Ag Barn.

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Ellis County, Texas: Emergency Shelter for CATS Ellis County Expo Center Storage, Electric, and Tent Set up


Maximum Capacity Requirements

1. Ellis County Expo Center: Storage, Electrical and Tent set up; Maximum animal capacity by species and location Electrical- isolation

Disaster dependent

Non-isolation cats (tents and storage room):144* Isolation cats(electrical):30* Total cats: 174* Storage room: 32 Electrical: 30 Tent: 112


32 Mixed sized crates

Large cages (42”x30”x28”): 174


32 Cats: 174*

4. Animal husbandry (1 trained person per 15 animals) -1 trained person per 15 non-isolation cats -1 trained people per 6 isolation cats

7 trained personnel per shift

15 total trained personnel per shift (all cats)


Ideal functional capacity would be 50 cats if 4 trained personnel and kennels are present

Functional capacity would be 174 cats if available trained personnel and kennels are present

*Cats will be housed in large dog wire kennels (42”x30”x28”) to account for litter boxes and eating space. The ideal number of cats housed in the Storage, Office, and Set up Tent is 174. This only accounts for half of the cages needed according to the AVMA calculation for small scale disasters. If absolutely necessary, large dogs can be moved to the covered area, and the cat area can be expanded into the dog territory. Additional 19’x35’ tents can be assembled to accommodate more cats. When stacking cat kennels, complications of

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retrieving cats from kennels on the floor and complications of having kennels stacked high on tables should be considered.

Ellis County, Texas: Emergency Shelter for RABBITS AND POULTRY Ellis County Expo: Covered Arena SE Corner



1. Ellis County Expo (Covered Arena SE Corner): Maximum animal capacity by species and location

0 0


0 0


0 0

4. Animal husbandry -1 trained person for chickens -1 trained person for rabbits






*Place rabbits in FFA rabbit enclosures provided by the owner. If no cages are provided, the animals cannot be sheltered at the expo center. **Place chickens in FFA chicken enclosures provided by the owner. If no cages are provided, the animals cannot be sheltered at the expo center.

Ellis County, Texas: Emergency Shelter for EQUINE, SMALL RUMINANTS, AND SWINE Ellis County Expo Center Outdoor Arena



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1. Ellis County Expo Center: Maximum animal capacity by species and location 500 pens total

Disaster Dependent

Disaster Dependent

2. Number of available pens/stalls and ancillary equipment

500 pens possible

500 pens


500 total animals* 500 total animals

4. Animal husbandry (1 trained person per 25 animals) -1 trained person per 15 horses -1 trained person per 40 small ruminants -1 trained person for swine

2 total trained personnel per shift (all small ruminants)

2 total trained personnel per shift (Equine with MOU with Cowboy Church)

1 total trained personnel per shift (swine)

2 total trained personnel per shift (all small ruminants)

2 total trained personnel per shift (Equine with MOU with Cowboy Church)

1 total trained personnel per shift (swine)



Functional capacity would be 110 animals if 5 trained personnel are present

*More small ruminants/swine can be accommodated for depending on size of animal. The pens can be divided in half if needed.

Ellis County, Texas: Emergency Shelter for CATTLE Ellis County Expo Center: Pavilion Tie outs and Pipe fencing



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1. Ellis County Expo center: Maximum animal capacity by species and location

75 Tie Outs 75 Tie Outs


0 0 assembled pens


75 75 total animals

4. Animal husbandry (1 trained person per 30 animals) -1 trained person per 30 cattle

3 total trained personnel per shift (all cattle)

3 total trained personnel per shift (all cattle)


Ideal functional capacity would be contingent on the amount of trained personnel present

Functional capacity would be ___ animals if _ trained personnel are present

Ellis County, Texas: Emergency Shelter for LARGE ANIMALS Midlothian FFA Ag Barn:



1. Midlothian FFA Ag Barn: Maximum animal capacity by species and location

***Small Ruminant/Farm Dogs:46 *Herd Small Ruminant/Alpaca:0 Cattle:18 Rabbits: 0 Poultry: 0 Swine: 24

***Small Ruminant/Farm Dogs: 46 *Herd Small Ruminant/Alpaca:0 Cattle: 18 Rabbits: 0 Poultry: 0 Swine: 24


Small ruminant/farm dog stalls:46

Small ruminant/farm dog stalls:46

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*Herd/alpaca stalls: 0 Rabbit hutches: 0 Poultry cages: 0 Cattle stalls: 72

*Herd/alpaca stalls: 0 Rabbit hutches: 0 Poultry cages: 0 Cattle stalls: 72

3. Animal husbandry -1 trained person per 25 small ruminants/farm dogs -1 trained person for herd/alpacas -1 trained person per 30 cattle -1 trained person per 25 rabbits -1 trained person per 30 poultry

2 total trained personnel per shift (all small ruminants/farm dogs)

0 total trained personnel per shift (herd/alpacas)

3 total trained personnel per shift (cattle)

0 total trained personnel per shift (rabbits)

0 total trained personnel per shift (poultry)

2 total trained personnel per shift (all small ruminants/farm dogs)

0 total trained personnel per shift (herd/alpacas)

3 total trained personnel per shift (cattle)

0 total trained personnel per shift (rabbits)

0 total trained personnel per shift (poultry)



** Ideal functional capacity would be contingent on the amount of trained personnel present

*variable depending on extra pen set up capability

**could be more animals depending on herd size if any are present in herd pens

***estimate there will be more need for farm dog pens. These numbers may vary. Farm dogs should not be housed immediately next to the small ruminants.

Ellis County, Texas: Emergency Shelter for SMALL ANIMALS: DOGS Midlothian FFA Ag Barn: Inside Arena



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1. Midlothian FFA Ag Barn: Inside Arena: Maximum animal capacity by species and location

Healthy dogs: 290 *580 double stacked healthy dogs Isolation dogs: 60 Total dogs: 350 *640 with double stacked healthy dogs


Large cages (42”x30”x28”): 32 Request Tri-City Animal Shelter’s AKC Animal Response Trailer (Cedar Hill): ~80-100 kennels Magnum cages (4’x4’x10’): 0

Large cages (42”x30”x28”): 350 or *640 with stacking


350 total animals

*640 double stacked healthy animals

4. Animal husbandry -1 trained person per 15 non-isolation dogs -2 trained people per 15 isolation dogs


28 total trained personnel per shift (all dogs)

*47 if doubled stacked healthy dogs



Functional capacity would be 640 animals if 47 trained personnel are present and kennels

Ellis County, Texas: Emergency Shelter for SMALL ANIMALS: CATS & Exotics Midlothian FFA Ag Barn: Inside Cat Room (Classroom)

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*All numbers are based on the assumption of an approximately 20’ x 30’ classroom.



1. Midlothian FFA Ag Barn: Inside Cat Room (Classroom): Maximum animal capacity by species and location

Large cages:32 Healthy cats: 35 *70 if double-stacked Isolation cats: 11 *22 if double stacked Total Cats: 46 *92 if double stacked


Large cages:32 Large cages: 92


92 total animals

4. Animal husbandry -1 trained person per 15 non-isolation cats -1 trained people per 6 isolation cats -1 trained person for exotics

7 trained personnel per shift (cats)

9 total trained personnel per shift (all cats)



Functional capacity would be 94 animals if 9 trained personnel are present and kennels

*Cats will be housed in large dog wire kennels (42”x30”x28”) to account for litter boxes and eating space. The ideal number of cats housed in the Cat is 32. If cat kennels are stacked, the number of cats housed can be up to 64. When stacking cat kennels, complications of retrieving cats from kennels on the floor and complications of having kennels stacked high on tables should be considered.

Ellis County, Texas: Emergency Shelter for SMALL ANIMALS: CATS & Exotics

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Midlothian FFA Ag Barn: Exotics (Office/Storage Area)

*All numbers are based on the assumption of an approximately 20’ x 30’ classroom.



1. Midlothian FFA Ag Barn: Exotics Room (Office)

Exotics: 15 *30 if double-stacked


*Exotics cages:0 *Exotics Cages: 30


30 total animals

4. Animal husbandry -1 trained person per 15 non-isolation cats -1 trained people per 6 isolation cats -1 trained person for exotics

1 personnel per shift (exotics)

2 total trained personnel per shift (all exotics)



Functional capacity would be 30 animals if 2 trained personnel are present per shift and kennels

*Exotic cages will be provided by owners

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Direction and Control

Organization Chart

Command Staff

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Animal Issues Branch Organization Chart

Position Description and Staffing The position descriptions below are for the animal-focused response operations.

Companion Animal Shelter Supervisor 1. Recommended assignment: Animal Control Officer of the Ellis County

Sheriff's Department. 2. Reports to Operations Chief 3. Supervises companion animal shelter operations

Livestock Shelter Supervisor 1. Recommended assignment: Agri-Life Extension Representative of Ellis

County, Texas 2. Reports to Operations Chief 3. Supervises livestock shelter operations

Safety Officer 1. Recommended assignment: Ellis County Sheriff or representative from the

Ellis County Sheriff’s Department 1. Answers to Incident Safety Officer 2. Coordinates with Animal Issues Branch Director 3. Responsible for safety of personnel, animals being sheltered, and visitors

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Public Information Assistant 1. Recommended assignment: Ellis County Sheriff or representative from the

Ellis County Sheriff’s Department 2. Reports to Public Information Officer 3. Coordinates with Animal Issues Branch Director 4. Coordinates all public messaging

Animal Evacuation Supervisor 1. Recommended assignment: Representative from the Ellis County Office of

Emergency Management (EM) OR their designee 2. Reports to Animal Issues Branch Director 3. Supervises animal evacuation operations

Animal Rescue Supervisor 1. Recommended assignment: Representative from the Ellis County Office of

Emergency Management (EM) OR their designee 1. Reports to Animal Issues Branch Director 2. Supervises animal rescue operations

Veterinary Medical Supervisor 1. To be determined by veterinarians of Ellis County and/or Ellis County

disaster preparedness group 2. Reports to Animal Issues Branch Director 3. Supervises veterinary medical operations

Admissions Leader 1. Recommended assignment: Representative from the Ellis County Office of

Emergency Management (EM) OR their designee 1. Reports to Animal Shelter Supervisor 2. Supervises animal admissions and discharge operations 3. Submits the following daily reports to the Animal Issues Branch Director

a. Daily admissions b. Daily discharges c. Daily transfers d. Daily census e. Daily death loss f. Staffing requirements for next operational period

Animal Husbandry Supervisor 1. Recommended assignment: Representative from Ellis County, Texas

Animal Control 1. Reports to Animal Shelter Supervisor

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2. Supervises animal husbandry operations 3. Submits the following daily reports to the Admissions Leader

a. Daily location census to include the following. i. Occupied kennels and stalls ii. Ready for occupancy kennels and stalls iii. Kennels and stalls requiring cleaning and disinfection iv. Staffing requirements for next operational period

Logistics Supervisor 1. To be assigned by Animal Shelter Supervisor 1. Reports to Animal Shelter Supervisor 2. Coordinates with Incident Logistics Officer 3. Supervises logistics operations 4. Submits the following daily reports to the Animal Shelter Supervisor

a. Daily fulfilled logistics requests b. Daily unmet needs c. Excess inventory items and amount

Maintaining Situational Awareness

Animal Issues Branch Director The Companion Animal Shelter Supervisor and/or Livestock Shelter Supervisor will provide summary statistics and status of all animal-focused operations to the Operations Chief on a schedule determined by the Plans Chief. The daily Situation Report form is provided as Attachment 3. Daily Situational Reports will be retained for use in the reimbursement process.

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Data Management ● It is recommended that an electronic medical record system is

established in Pet Point, Shelter Pro, or Excel to be used to keep track of animals that are admitted to the shelter and their important information. See suggested template below.

○ If Excel is not accessible for any reason, back-up paper forms will be used.

● It is recommended that all animals be identified with a card that contains their basic information. See example below.

● Daily care forms are recommended to be maintained for each animal to monitor condition. See example below.

● Daily treatment forms are recommended to be maintained for each animal.

○ Record treatments administered with time stamps ■ Include drug/product name, amount, and route of

administration. ● Hours of volunteer service and donations should be recorded and

documented for purposes of reimbursement later. Admissions Spreadsheet (Suggested template, to be completed at intake for all incoming companion animals/Companion Animals)

● Animals with or without owners will need to be entered on this

spreadsheet onto the appropriate tab (i.e., owners, no owners). If an owner is identified, input as much of their information onto the spreadsheet as possible.

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● Animals that are being brought in by rescuers, try to determine where exactly the animal was found/rescued from.

● It is important to have several people to help with intake, especially those with clear hand writing or good typing skills.

Admissions Animal Identification Suggested example ID card to be completed upon the arrival of the animal and to be displayed on the cage. Additionally, this number should also be displayed onto a neckband that is placed around the animal’s neck (we recommend KVP neckbands). ● Each animal needs to be assigned a unique identification number upon

intake to be able to track throughout the sheltering process. If a mother animal comes in with a litter, each littermate can be assigned a letter along with the mother’s number (i.e., 100a, 100b, 100c).

Daily Care Form (To be displayed on kennel/cage and completed daily) *We recommend these forms be secured in plastic sleeves and zip-tied to each kennel/cage. This will ensure that each kennel/cage is properly identified with each animal in it and that volunteer staff can confirm that animals are being taken care of.

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Treatment Form (To be displayed on kennel/cage and completed daily for any medical treatment)

The Daily Care Form and the Companion Animal Daily Treatment Sheet should be checked daily by the Companion Animal Husbandry Supervisor or his/her designee. Any changes to the animal’s condition should be reported immediately to the Companion Animal Husbandry Supervisor, the Companion Animal Shelter Supervisor, or the Veterinary Medical Supervisor. Keep copies of all intake information safe and secure! Also make backup copies of information and keep them in a separate area.

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Admissions Intake at Ellis County Expo Center and Midlothian FFA Ag Barn Admission of Companion Animals needing emergency sheltering will be admitted at the areas designated on the map. Each animal will have the following information collected (at minimum). ● Collect all relevant animal information (breed, age, sex, castration status,

any identifying marks or wounds, any known medical conditions or medications) and documenting ownership (collar, tag(s), microchip, or owner information if present) or place of rescue (by address, GPS or other concrete method of marking location).

○ Medications being presented with the animals will be handled as described in the Provision of Care section.

● All animals will have a neck band, collar, or other identification band placed with their admission ID number.

○ Each cage/kennel will have an animal identification number displayed on the outside.

○ KVP pet ID bands are a popular brand available online (various colors available).

● In addition, matching identification will be placed on each cage. ● If the owner of an animal becomes known, a picture of the owner will be

taken and labeled with the animal’s identification information. This picture will be used to identify the owner and animal upon discharge.

● Upon arrival, animals will be admitted in, triaged (see veterinary medical care section for details) and designated as high-risk or low-risk then moved to their specified sheltering locations (see diagram above for traffic flow).

● Any animals arriving without owners or without paperwork will be vaccinated for Bordetella. The only exception is if the owner can provide documentation of a previously diagnosed immune-mediated disease.

● All animals will be appropriately treated with a flea/external parasite prevention.

● Animals arriving injured/ill will be triaged by a veterinarian. Previously identified local veterinarians may be available on a volunteer basis if needed under the supervision of the Veterinary Medical Supervisor. As needed, animals with serious injuries or illness may be transferred to local veterinary hospitals for care when possible.

● Criteria for admission:

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○ The animal must be in need due to the disaster in which the Ellis County Expo Center/Midlothian FFA Ag Barn Stand-alone shelter are already active participants with regards to rescue efforts.

○ In an evacuation event, the Ellis County Expo Center/ Midlothian FFA Ag Barn stand-alone shelters may be established to take Companion Animals from outside of Ellis county.

Photographs from 3 views (both sides and face) will be taken, and also of any specific identifying characteristics:

1. When the animal is sideways, the picture should include the feet and tail 2. The person holding the animal must not block the view of the animal’s

body 3. Photographs are to be taken in an area with adequate lighting so that the

animal can easily be seen from all angles. Risk classification will be performed by a veterinarian if available or at the jurisdiction of a county official with animal experience with animal experience. Every attempt will be made to maintain adequate biosecurity. Animals who have been in contact with flood waters or fallout from a tornado will require decontamination to wash off any residual bacteria or chemicals. ● Animals that have been in contact with flood waters or fallout from

tornados will be decontaminated at the predetermined locations (described in the image under Facilities Overview). The decontamination procedure is described below.

Animals will be moved to their sheltering location depending on their species, sexual status, and health risk.

Found/Rescued Companion and Livestock Animals

Found/rescued Companion Animals will be transferred to the Ellis County Expo Center /Midlothian FFA Ag Barn Stand-alone shelters. Owners of missing animals can consult the following resources:

1. Animal Shelter website 2. Listings on social media (Facebook, Twitter, Instagram, etc.) 3. Newspaper ads 4. NextDoor Ap

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If the owner is known, reasonable attempts include phone calls and/or notices left on the door of the house/apartment/property of the last known address (if reasonable and safe).

Concept of Operations

Establishing the Emergency Animal Shelter

Facility Overview/ Traffic Flow : Ellis County Expo Center Emergency Animal Shelter

Emergency Signs Needed: Signs would be needed designating canine and feline holding areas. There would also need to be signs designated to direct animal traffic flow for intake and triage. For the potential medical tent or isolation area, signs designating isolation areas or medical tent would be needed.

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Ellis County Expo Center: Indoor The indoor portion of the Ellis County Expo center will be the main hub of operations used for dog animal sheltering. Companion animal admission, triage, and treatment will be located in this building if space allows. Personnel will have access to this building for breaks (eating, resting, etc.).

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Ventilation Overhead doors on the South side will be cracked open, and overhead exhaust vents will be turned on, in order to allow adequate ventilation. Barriers are to be set up in front of the overhead doors to prevent animals from escaping, should they get loose. Large floor fans (ex. Swamp coolers, etc.) or mobile air conditioner units may also be set up on the South side of the Expo center to direct airflow. It is recommended to have these acquired before an emergency or have an MOU in place before an emergency as these cooling devices are often in short supply during emergency settings. This setup will allow airflow to be directed from the South side of the Expo to the North side and out the Northern overhead doors. This in turn will drive how the animals will be sectioned. Admissions, Cat/Exotics Housing, and Volunteer Area Admissions of dogs, cats, and exotics will take place at the NE corner of the Expo Center. Exotics will be housed in the office. Exotic animals in terrariums can alternatively be housed along the walls of bathrooms if the need arises. Cats will be housed in the storage room on the NE side of the Expo center in a pod of 5x6 cages. A second cat area will be in the SE corner by the rest rooms. Two 19’x35’ military tents can be assembled there with each tent housing two pods of 5x4 cages. Cat isolation will be in the NE corner of the electric room in a 5x5 pod taking care not to block the electricity panels. Cardboard should be placed between all cat cages and cloth dividers should be hung between pods in order to serve as noise mitigators and to block line of sight this reducing stress. The veterinarian(s) can store their equipment in the office with the exotics housing. A buffer area/human area will be set aside in between the most Eastern pillars and the East wall of the Expo center. This will be demarcated by a plastic, tarp, or alternate-material hanging divider that extends as far up as possible without reaching the ceiling to preserve airflow. The dividers will act as noise mitigators and for blocking line of sight of dogs to reduce stress. These dividers will also be placed between dog pods (to be discussed later). Dog Housing Dog kennels will be set up from the Eastern most pillars to the West wall of the Expo center, leaving an area for people to access the kitchen and bathrooms. Potentially infectious dogs, as determined by veterinary medical professionals, will be placed in pods in an isolated area on the NW side of the Expo. They will have access to their own exit door, and airflow will direct their contaminants outside, instead of towards other dogs. Dogs at a high risk of contracting disease, as determined by veterinary medical professionals, will be housed in the SW side of the Expo center. Dogs at low risk for contracting disease will be housed in pods, between high risk and isolation sections, as well as the remaining area of the Expo center. Each of these sections can be expanded or reduced based on need. Two pods of 5x5 cages can be fit in

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between each row demarcated by the regularly-spaced pillars. A maximum of 32 pods in the main area of the Expo center. If there are not enough kennels to house large dogs in the Expo center, they may be housed in Small Ruminant fair pens. These pens will need additional panels along the interior walls (to prevent dogs from sticking their heads/noses through the fence) and a wire top (to prevent dogs from jumping out). If small ruminant pens are to be utilized for both small ruminants/swine and dogs under the arena, there should be separation between dogs and small ruminants/swine. Dividers can be used to block line of sight and pens housing different species should not be allowed to touch on any side. Large Scale Disaster In a large-scale disaster in which 5-10% of the total animal population must be sheltered, the inside exhibit center and outside covered barn will be used entirely for small animal sheltering. The cat area would have to be expanded inside the exhibit center and all large to giant breed dogs will be moved to the outside covered barn. Small and medium sized dogs would stay inside. Isolation for small animals would stay the same as during a small-scale disaster (i.e. isolated cats in electrical, isolated small/medium dogs in the northwest corner). Large dog isolation would be along the NW perimeter (where the previously isolated ruminants/swine were housed). Livestock will be moved to an alternate location, either an MOU with the Cowboy Church or a neighboring county. Arena Housing Large animals will be unloaded only by trained personnel or owners. Risk of injury to personnel and animals and escape of large animals will be minimized by only accepting halter broke animals, unloading animals by trained personnel, and by unloading in a closed environment. Trailers can be backed into the barn and a gate or sturdy panels can be chained to the end of the trailer to create an enclosed area. The Ellis County Expo Center cannot accept horse admissions. Horses will need to be housed elsewhere, either an MOU with the Cowboy Church or a neighboring county. In the event of a large-scale disaster, the covered arena will be used exclusively for dogs and all food animals and horses will need to be housed at a secondary location (either the MOU with the Cowboy Church or a neighboring county).

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Admissions Admissions will be set up at the Northern end of the covered arena. All animals will be collared or individually identified. The opening at the NE side of the barn can be used for large animal intake. Healthy animals will be run through the NE opening and isolation animals will be admitted and then run through the NW opening. Decontamination will be set up near admissions in the livestock prep room.

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Sheep/Goat/Swine Housing In the event of a small-scale disaster affecting 1-2% of the population, the covered arena will be used to house small ruminants (sheep and goats) and swine in the 500 sheep/goat stalls. Sheep and goats will be housed in the Southern section of the arena. Swine will be housed starting in the Northern section of the arena. Small ruminants requiring isolation, as established by a veterinary medical professional, will be housed starting in the SW corner of the arena. Swine requiring isolation will be housed starting in the NW corner of the arena. This section will expand South along the Western border of the arena as need arises. Sheep and goats will be housed in the Southern section of the arena. Swine will be housed starting in the Northern section of the arena. Animals that need to go into isolation should enter the doorway in the NW corner. All healthy animals should enter the doorway in the NE corner. If small ruminant pens are to be utilized for both small ruminants/swine and dogs under the arena, there should be separation between dogs and small ruminants/swine. Dividers can be used to block line of sight and pens housing different species should not be allowed to touch on any side. If necessary, a 60 ft. X 60 ft. pen can be set up utilizing arena panels for healthy female/castrated male small ruminants to allow for greater capacity. If this housing technique is used, communal water and feeding is appropriate. The pen should be cleaned of feces and uneaten feed daily. Poultry and Rabbit Housing Poultry and rabbits can be housed in FFA standard wire cages in the SE corner of the covered arena. The cages must be provided by the owner. Any poultry or rabbits not in a standard FFA cages may not be sheltered at the Expo center. Cattle Housing The pavilion will be able to house 75 halter broke cattle at the tie outs. No pasture cattle will be sheltered at this facility and should be sheltered in place or in a neighboring county. Additional pens for halter broke cattle can be assembled in the pipe fence area behind the pavilion. Only halter broke cattle are allowed to shelter at this facility. Intact males (bulls) should not be placed in a communal setting. Cooking Barn The inside of the cooking barn can be used to house exotic animals, if space necessitates this.

Staging and Admissions Animals will be staged in the animal intake area and asked to provide any health papers that they may have (i.e. health certificate, vaccine records, etc.)

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and presented with an informational packet on usage of the facilities during an emergency. Owners will be informed where they may drop off their companion animals/large animals and directed after staging is complete. We recommend drafting an informational packet to assure that owners are properly informed. ● Upon unloading into the facility, the animals will be checked into

admission tables at the designated companion animals/large animals drop off stations.

● Admissions coordinators will determine if animals need to be decontaminated prior to proceeding to housing, where the animal is to be caged during their stay, and identified via neck band, and/or painted ID, and photograph.

○ Protocols for decontamination are to be determined by Ellis County Expo Center and Ellis County Emergency Operations Management.

Traffic Flow & Shelter Locations by Species ● All Companion Animals will be dropped off at the Expo Center Exhibit Hall

for triage and initial treatment. Stable animals will be admitted to the emergency animal shelter. Any critically ill or severely injured animals will need to be transferred to a veterinarian.

● Contaminated animals (ex: animals standing in water from a flood, animals caught in a tornado) will need to be decontaminated at the livestock preparation/washroom. One area will be used for small animals, and one area will be used for livestock. After decontamination, animals may enter their designated housing.

● After decontamination, pets may enter their designated housing area. ○ Exhibit Hall Center = Large dogs ○ Exhibit Hall Center = Small and medium dogs ○ Exhibit Hall NW side door entrance = Dog isolation ○ Exhibit Hall Electrical Area= Cat isolation ○ Exhibit Hall Storage Room: Healthy cats ○ Exhibit Hall Office: Veterinary supplies and exotics ○ Exhibit Hall SE corner: healthy cats in two 19’x35’ tents ○ Covered Arena SE Corner: Caged poultry and rabbits ○ Covered Arena Southern Section: Small ruminants ○ Covered Arena SW Corner: Small ruminant isolation ○ Covered Arena Northern Section: Swine ○ Covered Arena NW Corner: Swine isolation ○ Pavilion Tie-Outs: Halter-broke cattle

● If decontamination is not needed, animals do not need to stop at the decontamination stations and may proceed to their designated housing area (see facility layout above)

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Pod set up ● A pod is a group of 15 kennels arranged in a U-shape, diagrammed

below. Each kennel must be separated from the others with cardboard or similar as a barrier between animals. Multiple pods can be grouped together in the same room as long as separation between pods is accomplished with hanging sheets, cardboard, or other sound and visual barriers. After the ground layer of pods has been set up, a second layer of pods can be added on top of the first, if needed. Plywood boards will need to be inserted between the pod layers to provide structural stability. The pods can be slightly rearranged as space allows and can consist of 15 or 16 cages. The measurements below are for 42”x30” cages.

○ Prior to setting up any pods, ensure that the entire flooring area is covered with plastic tarping. Even if only a few pods will be utilized, covering the entire floor will prevent additional work should more pods be required later in the response.

Facility Overview/ Traffic Flow: Midlothian FFA Ag Barn Emergency Signs Needed: Signs needed for functionality of this facility would include an entrance/exit sign, a sign designating the intake area and possible traffic directing signs. The Ellis County Expo Center will be the main hub of operations, but the Midlothian FFA Ag Barn will be a secondary option. Companion Animal and Large Animal admission, triage, and treatment will be located in this building if space allows. Personnel will have access to this building for breaks (eating, resting, etc.). Donations can be placed in an appropriately organized fashion inside.

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Staging and Admissions The admissions area will be located in the main hallway between the classroom and storage area. Animals will be staged in the animal intake area and asked to provide any health papers that they may have (i.e., health certificate, vaccine records, etc.) and presented with an informational packet on usage of the facilities during an emergency. Owners will be informed where they may drop off their companion animals/large animals and directed after staging is complete. Large animals will be unloaded only by trained personnel or owners. Risk of injury to personnel and animals and escape of large animals will be minimized by only accepting halter broke animals, unloading animals by trained personnel, and by unloading in a closed environment. Trailers can be backed into the barn and a gate or sturdy panels can be chained to the end of the trailer to create an enclosed area. We recommend drafting an informational packet to assure that owners are properly informed.

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● Upon unloading into the facility, the animals will be checked into admission tables at the designated companion animals/large animals drop off stations.

● Admissions coordinators will determine if animals need to be decontaminated prior to proceeding to housing, where the animal is to be caged during their stay, and identified via neck band, and/or painted ID, and photograph.

○ Protocols for decontamination are to be determined by the Ellis County Emergency Management.

Traffic Flow & Shelter Locations by Species ● All Companion Animals will be dropped off at the Midlothian FFA Ag Barn

Center for triage and initial treatment. ● Contaminated animals (ex: animals standing in water from a flood or

tornado) will need to be decontaminated at the species-indicated wash bays BEFORE entering their designated housing.

○ For aggressive/uncooperative pets, sedation performed by a licensed veterinarian may be required. Most, if not all, cats will require some amount of sedation. Individual dogs may require sedation based on temperament.

● After decontamination, pets may enter their designated housing area. ○ Midlothian FFA Ag Barn Main Arena = all dogs ○ Midlothian FFA Ag Barn Small Ruminant Wing = Isolation and

Overflow ○ Midlothian FFA Ag Barn Swine Wing = Pigs and Small Ruminants ○ Midlothian FFA Ag Barn Cattle Wing = Cattle and Llamas/Alpacas ○ Midlothian FFA Ag Barn Classroom and Office = Cats and exotics

■ If the office is not available for cats due to damage prevention, it may be better to house exotics in the office since it will be easier to maintain cleanliness with exotic species based on their housing.

● If decontamination is not needed, animals do not need to stop at the decontamination stations and may proceed to their designated housing area (see facility layout).

Midlothian FFA Ag Barn: Main Arena The main arena will be used for all dogs ranging in size. All animals should be sorted and housed according to the table below. Animals should be sorted with the highest risk populations being closest to the entrances of the room to minimize their chances of contamination. The pod system described below is the most effective way to arrange kennels.

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● A pod is a group of 15 kennels arranged in a U-shape, diagrammed

above. Each kennel must be separated from the others with cardboard or similar as a barrier between animals. Multiple pods can be grouped together in the same room as long as separation between pods is accomplished with hanging sheets, cardboard, or other sound and visual barriers. After the ground layer of pods has been set up, a second layer of pods can be added on top of the first, if needed. Plywood boards will need to be inserted between the pod layers to provide structural stability.

○ Prior to setting up any pods, ensure that the entire flooring area or area directly under the pod is covered with plastic tarping. Even if only a few pods will be utilized, covering the entire floor will prevent additional work should more pods be required later in the response.

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○ *Green brackets represent pods

Midlothian FFA Ag Barn: Small Ruminant Wing Isolation animals will be housed in the small ruminant wing on the east side of the facility. The isolation area will only take up the east half of this wing. Isolation animals should be taken in/out of their room via the large door that opens directly to the outside yard in order to prevent contamination of the main arena floor. The west half of the small ruminant wing will act as an overflow space for dogs or any other animals. An appropriate barrier should be created to divide the small ruminant wing into east and west halves to keep the healthy dogs separated from the isolated animals.

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Midlothian FFA Ag Barn: Swine Wing In the event of an emergency, the swine wing will be divided into east and west halves similar to the small ruminant wing. The west half will house FFA pigs, while the east half will house the FFA small ruminants. If there are no FFA animals present, the swine wing will be used for other sheltering animals. Midlothian FFA Ag Barn: Cattle Wing In the event of an emergency, the cattle wing will be divided where one half of the wing will house FFA cattle and the other half of the wing will house alpacas, llamas and other halter broke cattle from the emergency sheltering. An appropriate barrier will be placed to separate the two populations. The existing cattle runs can be divided into 4 smaller pens. For the sheltering half of the cattle pens, this would allow for 36 smaller pens to be created.

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Midlothian FFA Ag Barn: Inside Cat Room (Classroom), Exotics Room (Office) and Decontamination Area The inside cat room (classroom) and exotics room (office) will be used for cats and exotics. All animals should be sorted by species and housed according to the table below. Animals should be sorted with the highest risk populations being closest to the entrance of the room to minimize their chances of contamination. Exotic animals will be housed in the office area in the enclosed aspect of the building if possible. If the office is unavailable, exotics should be housed in the storage/laundry area. The decontamination area will be located in the covered patios located to the east of the main entrance and this area will be used to clean animals prior to being housed. Midlothian FFA Ag Barn: FFA Animals In the event of a disaster, all FFA housed animals will be relocated from the facilities by their owners to alternate locations if possible. If an animal is unable to be relocated, they will be consolidated into the current pig and cattle wings separate from animals being admitted through the emergency plan. In the event that a small number of FFA animals must remain on the facility

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grounds, the cattle will be housed on one side of the cattle pens utilizing the covered and uncovered portions. The other half of the cattle wing will be used to shelter halter-broke cattle, alpacas, and llamas. The shelter animals will remain separated from the FFA animals. Risk Category Assigned Locations: ● Blue = High-Risk population ● Orange = Low-Risk population ● White = Empty to separate species/isolation

If there is a high volume of FFA livestock... If there are a significant number of FFA livestock in the barn at the time of disaster, the FFA barn will be unable to shelter outside livestock within the facility. If outside livestock are to be sheltered, pens need to be set up outside, or an MOU must be developed to shelter livestock at an alternate site.

Biosecurity

General Biosecurity Guidelines: Primary objectives identified with implementation of biosecurity control measures include the adoption of practices, procedures, and techniques that are effective in containing infection and preventing the spread of disease throughout the general population of animals housed in the emergency animal shelter. Effective biosecurity control measures incorporate multiple elements of an integrated systematic application of materials, personal conduct, adoption of enhanced safety standards, the use of specified methods and equipment, attention to details associated with disease and control of infection, and development of enhanced discipline on an individual and collective team level. Minimum effective biosecurity control measures will include practices that account for the safety, health, and welfare of the individual staff member in conjunction with the individual animal. The following are considered minimum practices and standards to be applied as biosecurity control measures. Until otherwise stated, COVID-19 guidelines are to remain in place for the safety of everyone involved. Upon entry into the Ellis County Expo Center/Midlothian FFA Ag Barn, owners, volunteers, or any other personnel are required to wear masks at all times as well as practice social distancing. If any food or drinks are brought into the facility it should be placed in a closed container to reduce the spreading of this disease.

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1. It is recommended that disposable gloves be worn while handling animals. If gloves are unavailable for use in all animals, but are available for use in some animals, the high-risk animal populations and isolation animal groups are groups in which this type of PPE is highly recommended. Hand sanitizer stations will be readily available and used by all volunteers on a regular basis. Hand washing stations and restrooms in the area will be available and have ample quantities of antibacterial soap. Signs may be posted in each pod or area with this information to remind volunteers of the importance of hand hygiene:

a. Hand Sanitizer to be used: i. Before and after handling each animal. ii. After coming into contact with animal saliva, urine, feces or

blood. iii. After cleaning cages. iv. Before eating meals, taking breaks or leaving the shelter v. Before and after using the restroom.

2. Shelter personnel will maintain all kennel areas in a clean state by cleaning twice daily, or more frequently, if needed.

3. Soiled bedding from small animal kennels will be disposed of in trash bags or rinsed, washed and dried (if towels or other washable items are used).

4. Garbage cans will be emptied frequently into the facility’s larger dumpster to prevent attracting flies or other vermin and reduce odors.

5. Shelter personnel will organize for owners the appropriate timing or perform all animal feeding in such a way as to maintain order and prevent cross contamination between food resources and animals.

6. All animals will be walked in the designated areas. All animal waste is to be picked up and disposed of by volunteers and owners immediately. There will be pooper-scoopers and/or bags available for cleaning of designated walking areas.

7. Shelter personnel involved in cleaning of kennels, crates, food bowls, and water bowls will wear disposable examination gloves and change gloves between kennels. If appropriate, foot baths may be added near isolation areas to prevent contamination of other areas from foreign material on shoes.

8. Protocols for vomitus, body fluids, or spills of other potentially infectious fluids/substances are as follows:

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a. Clean with absorbent material, e.g. paper towels, cat litter, absorbent clay or if in the soil of the arena, remove the contaminated soil.

b. Wear appropriate PPE such as gloves, masks, protective aprons/gowns or shoe covers (as available or deemed necessary by the shelter supervisor).

c. Place contaminated materials and used PPE in sealed leak-proof bags for proper disposal, disinfect (or remove from the dirt) from the contaminated area.

d. Restrict staff/personnel from the contaminated area until the disinfection procedure has been completed to standard.

9. Risk classification of animals a. Isolation animals

i. Any animal with the potential of spreading disease 1. Animal without owners present (unknown history) 2. Animals with the following presenting signs

a. Nasal discharge b. Ocular discharge c. Coughing d. Loose feces e. Dull mental status f. Altered neurologic status

3. Aggressive animal 4. Unvaccinated animals

b. High-risk animals i. Any animal that is more susceptible to disease

1. Puppies & kittens less than 6 months of age 2. Senior animals 3. Unvaccinated animals 4. Animals with weak immune systems due to ongoing

illness c. Low-risk animals:

i. Any animal that has less potential of spreading disease: 1. Owned animals with known history of good health 2. No owner owned animals that appear to be in good

health and are of young age 3. Vaccinated animals

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General Disease Prevention: 1. All animals entering the Ellis County Expo Center/Midlothian FFA Ag Barn

Animal Shelters will be assessed by a veterinarian before entering the facility. Some animals may require decontamination or further care before entering depending on the risk factor.

2. If decontamination is required then the animal will be directed to one of the wash stations specific to their species. If veterinary care is required and an owner is present then they will need to seek out care at their own expense. In the event no owner is present, the animal's veterinary needs will be determined by the county judge or his/her designee.

3. All dogs entering the emergency animal shelter during a local or regional disaster event with no record of previous vaccination will receive an intranasal Bordetella vaccine to reduce the risk of a disease outbreak in the shelter. All animals entering the emergency animal shelter will be administered a flea/external parasite control product at admission or soon after.

4. All dogs entering the emergency animal shelter during a local or regional disaster event with no owner present will receive a single dose of intranasal Bordetella vaccine to reduce the risk of a respiratory disease outbreak in the shelter.

5. Staff will walk animals of each risk category in the designated areas as defined in the figures above. Timing of walking the different risk categories will be staggered in order to prevent cross-contamination and prevent exposure of at-risk and low-risk animals to high risk animals. At-risk animals will be provided access to the walking areas first followed by low-risk animals and then high-risk animals.

6. Staff will also walk through their assigned areas to check on the health status of animals under their supervision. If an animal has any of the following ailments, they will be examined by a veterinarian if no owner is present, or if owner is present will consult with owner and recommend veterinary care:

a. Gastrointestinal upset: diarrhea, vomiting, or not eating. b. Respiratory signs: cough, sneezing, nasal/ocular discharge. c. Wounds d. Skin disease: excessive itching, head shaking, visible lesions. e. Neurologic disease: behavior change, head tilt, circling, etc. f. Urinary signs: blood in urine or yellow/green discharge, straining

to urinate.

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Note: This list is not intended to be a complete list, but is given to provide a list of typical health problems that may be encountered in an emergency animal shelter setting.

7. If available, a veterinarian will examine all animals identified above. In the event of a major disaster in the local/regional community, the normal veterinary medical support of the evacuee shelter may not be available, and veterinary medical support will have to be requested from local, regional or state resources.

8. If a veterinarian determines any ailment to be minor but potentially contagious (ex. diarrhea, cough), the animal will be moved into the designated isolation area. If the animal is considered too sick to remain in the shelter, the animal will be transported to one of the predetermined veterinary clinics or hospitals supporting the emergency animal shelter operation.

9. The rabies quarantine protocol as outlined by the Texas Department of State Health Services or the local Rabies Control Authority and will be strictly adhered to. Animals under rabies observation will be transferred to the rabies quarantine kennels.

10. Isolation areas will be created for animals suspected to have stable, contagious infectious disease (e.g. kennel cough in dogs, herpes virus sneezing in cats).

a. Ideally dogs and cats will be isolated in separate areas for appropriate separation of species and care.

b. Access to the isolation area will be limited to shelter staff. c. The shelter staff will walk the animals in isolation in a

predetermined fenced area specified for isolation animals only. Access to this area will not be allowed by animals in other divisions to prevent the spread of disease.

d. If shelter staff must care for animals in the general population area and the isolation area, they will care for animals in the general population prior to entering the isolation area.

e. Personal protective equipment will be available at the entryway into the isolation and radioactive animal areas. Personal protective equipment may include the following but at the least should include use of examination gloves.

i. Examination gloves ii. Rubber boots or shoe covers iii. Coveralls or lab coats

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11. Personnel will remove and dispose of personal protective equipment when leaving the isolation areas.

a. If rubber boots are used, boots will be disinfected with a dilute bleach solution (9 parts water and 1 part bleach) or a foot bath will be used.

b. If animals in the isolation area are not in stable health, or their health deteriorates, they should be transferred to a veterinary hospital for continued care either by owners (if present and able) or shelter personnel.

Safety

Animal Safety: 1. The use of leashes on individual animals will be strictly enforced at all

times during walks and movement on grounds. Animals that are aggressive will be walked in the appropriate area separate from the remaining animal and during an off hour schedule to limit interaction with people and non-aggressive animals.

2. All stacked temporary kennels will be stabilized to the extent possible with plyboard or similar materials. Placement of proper protective layering between kennels will be necessary in this circumstance to protect the animal below from soiling or contamination. Only small dogs or cats will be stacked and then only when stacking is necessary to provide space for the number of animals being sheltered.

3. If possible all temporary kennels will be separated by cardboard, plastic sheeting or other material to reduce noise, prevent eye contact between dogs, and lower contact risk.

4. All aggressive animals will be placed in permanent kennels (with the guillotine door closed) to prevent further aggressive tendencies such as growling, biting at kennel sides and barking.

5. Animals (both dogs and cats) that have diseases or conditions that can be spread quickly to other animals in the emergency animal shelter (e.g. kennel cough in dogs, herpes virus sneezing in cats) will be kept in isolation areas or sent to local veterinary hospitals as outlined in the biosecurity section of this document. The isolation pods/divisions (one for dogs, one for cats) will be separated from the rest of the general population by as much distance as possible, by personnel access, and will be downwind of the general animal population.

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6. Visitation of animals in the emergency animal shelter requires families of the animals to have the required identification before any contact can be made. Owners are to only interact with their own animals and not with any animal that does not belong to them.

Personal Safety:

1. Caution must be taken when handling an animal to prevent animal bites to include placing a muzzle and setting an animal aside until appropriate safety measures can be taken. If a bite occurs, it must be reported and the animal will be quarantined at either the predetermined city animal shelter or the local animal control office, depending on space and ability to quarantine.

2. When possible, securing water bowls within kennels in a way to facilitate filling without entering the cage will be performed to reduce the need for husbandry personnel to enter the cage. This reduces bite risks, escape risks, and will decrease idle time during stops.

3. In the event of a possible zoonotic disease, PPE should be available to employees or volunteers. This includes exam gloves, masks, face shields, disposable gowns, and booties.

4. Resources must be available for personnel who experience a decline in their mental health due to burnout or trauma.

Veterinary Medical Care ● Veterinary medical care will be provided on a contract or volunteer basis

with local veterinarians as determined by Ellis County officials. ● It is highly recommended that a veterinarian be present at established

intake sites to aid in categorization of companion animals as described in the risk classification of animals section of the biosecurity portion of this document. Additionally, a veterinarian will be instrumental in providing essential medical care for animals in the shelter.

● It is recommended that a veterinarian be present or ambulatory between sites where animals are sheltered to provide necessary and essential medical care as well as guidance for individuals providing animal care.

Animal Care and Husbandry ● The animals should be provided free access to clean water at all times

and should be given food at a regular schedule of 2-3 feedings daily. ● In the event that the food supply is depleted, local veterinarians/clinics

as well as local shelters would be recommended resources to access

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veterinary approved food products including Hills, Purina, and Royal Canin for the sheltered animals.

● If able to be handled, dogs should be provided time outside of their kennels to move around while leashed and walked by an employee or volunteer and perform necessary bodily functions at minimum twice daily. Directions on the order of animals that are taken out are listed above depending on their at-risk, low-risk, high-risk category determination.

● All occupied kennels are cleaned one time in the morning; this cleaning interval may be extended into the afternoon if warranted by a large shelter population.

● Employees or volunteers should regularly check on the animals and determine if their kennel needs to be cleaned. Animals should not be left in soiled bedding or kennels and their kennels are ‘spot cleaned’ during the day if they are noted to be significantly soiled.

● Litter boxes for cats should be cleaned at least daily and 2-3 times daily if necessary or if multiple cats are using the same litter box.

● Ideally, dogs and cats are provided with enrichment and comfort daily to include bedding, toys, litterbox, and cardboard scratchers.

● If housed in locations where indoor temperature regulation is not available, means should be provided to allow animals to manage their own temperature. This can include towels or bedding, protection from wind with tent siding, or space heaters in cases of low temperatures. In cases of high temperature, access to move around, free water, and increased airflow via raised tent siding or fans can be provided.

● As described above, different species of companion animals should be kept separated at all times. Cats should have a separate location away from dogs. When housing cats, they can be provided boxes or locations to hide within the kennel and kennels can be faced away from each other so that cats are not directly looking at other cats. This serves to reduce stress which will help the cats maintain their normal behaviors including eating, drinking, urinating, and defecating.

● If sheltered for over 72 hours, and smaller transportable kennels are required to be used, a location for exercise should be provided for dogs. They should be provided time in the exercise area at minimum twice daily.

● In cases of injury or illness, veterinary medical care will be provided on a contract or volunteer basis with local veterinarians as determined by Ellis County officials. This should be obtained via an MOU or contract as soon as possible.

● If applicable, pregnant animals are allowed to deliver and raise their young. The preference is to find a foster home during this time.

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Mortuary Management

Animals with Owners Present

1. Euthanasia decision for severely injured or ill animals with an owner present will be directed to go to a local veterinarian.

a. Euthanasia of Companion Animals that cannot be evacuated to a local veterinarian will be performed by a licensed veterinarian on site with proper visual barriers to prevent public from seeing (i.e., trailers, tents, and support staff to prevent public traffic to the site, etc.). Animal remains will be removed from site using a predesignated service by the county, which must be present on site before performing the euthanasia.

i. We recommend that Ellis County create a MOU with a company that can provide such a service if one does not already exist.

ii. If a service is not available, select personnel will need to be trained to perform this task. Only these select personnel may transport euthanized animals.

b. Burial on site is not allowed.

Owner Not Present Animals

1. In the event that an owner is not identified upon admission, animal control officers and the county judge may declare the animal a “ward” of the county and authorize euthanasia if deemed appropriate for humane reasons. This will only be performed if compromised animal welfare cannot be mitigated, and the decision will require the approval of at least two veterinarians (preferable three) and the county judge or his/her designee. Protocol process to follow:

a. A checklist for euthanasia is compiled and is used to check against lost reports of animals on file.

b. Admissions records for animals on the checklist are printed and are attached to the checklist.

c. The checklist with any file attachments is given to the Ellis County Companion Animal Husbandry Supervisor, the Veterinary Medical Supervisor or their designee for final approval.

d. Prior to the animal being euthanized, the veterinarian performing the euthanasia ensures that the animal is checked against lost reports and breed registration (i.e., state breed associations).

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e. An additional photo will be taken prior to euthanasia and attached to the medical records for additional documentation of the animal’s status at time of euthanasia.

f. On the cage card printed from the admission record, “EU” will be written and circled by the Ellis County Companion Animal Husbandry Supervisor, Veterinary Medical Supervisor or their designee with the date of euthanasia and their complete signature below the date. Under no circumstances is an animal to be euthanized without this exact signed and dated information on the paperwork.

g. Remains to be moved according to county procedure or preserved until the end of the live animal holding period for owner confirmation.

Euthanasia Procedure: 1. Using established guidelines, once the Ellis County Companion Animal

Husbandry Supervisor, Veterinary Medical Supervisor (or their designee) and/or animal control officers have determined which Companion Animal sheltered at the Emergency Stand Alone Shelter will be euthanized, the following steps are to be followed without fail:

a. A hard copy of the cage card is printed from the admission record of the animal to be euthanized.

b. The animal is re-scanned for a microchip. c. Confirm that there is no owner information listed on the

identification card. d. Make sure the description on the card and picture attached to the

identification card matches the animal in the cage. e. Make sure that euthanasia for humane reasons is justified by 2

veterinarians unless the animal has become a “ward” of the county. In that situation, animal control officers have authority under the County Judge’s orders and 2 veterinarians are not needed.

f. Ellis County Companion Animal Husbandry Supervisor, Veterinary Medical Supervisor or their designee will have noted the hard copy of the identification card with “EU” circled with a date and full signature.

g. Contact local service to establish pick up of remains and ensure local service is available on site before euthanasia is performed.

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h. Take the animal to a local veterinarian if possible. If not, take the animal to the designated area where public view is blocked as described above.

i. Check that all steps detailed on the Pre-Euthanasia checklist have been followed before performing euthanasia.

j. Ensure a veterinarian is available to perform the euthanasia. k. Stay with the animal until death is determined by the veterinarian. l. After death, the remains of the animal will be transported by the

predesignated service.

Deceased Animal Holding: 1. Small animals remains should be temporarily stored for 10 days to allow

owners to come forward to identify the remains of their animals. 2. The bodies should be kept refrigerated in cardboard boxes in a locked

refrigerated van or a Conex container with block ice and straw. 3. Only trained personnel should enter the container and bodies should be

concealed from the general public. 4. In order to facilitate better identification by owners, animals should not

be frozen. 5. Large animals present a more challenging problem in both holding and

disposal. In the event that a large animal is euthanized while under care at any location described in this document or not described in this document due to further MOUs not yet in place, it will be the responsibility of the Livestock Shelter Supervisor to determine what actions should be taken with the body in regards to moving the body, holding of the body (both length of time and where the body will be held), and who will have access to the area in which the body is held.

a. If it is the decision that large animal remains are to be held for a specific amount of time, the remains should be refrigerated as described above.

Service Animals Service animals (not including emotional support animals) will be housed with owners at the human shelter. The following procedures will apply. ● People being provided shelter will be asked the following questions.

○ Are you allergic to animals? ○ Do you have a fear of animals? ○ Do you have any objection being housed near animals?

● People answering in the affirmative to any of the three questions above will be housed in an area or shelter that does not include service animals.

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● Service animal owners will be notified that the animal admissions process includes a veterinary medical examination and that animals will be treated for external parasites if necessary

● The presence of suspected zoonotic disease will be reported to the Operations Chief.

Emotional support animals will be housed with the general population of animals at Ellis County Animal Control facility.

Discharge (Re-Unification)

● Owners must notify shelter admissions that they are removing their owned animals from the emergency standalone shelter.

● Animals brought into the emergency standalone shelter without an owner will be admitted to the stand alone shelter and marked as an unclaimed animal.

● Discharge of companion animals will be performed as per existing animal services protocols. At the time of discharge, it is critical that adequate time is taken in order to ensure the correct animal is going home with the correct owner.

a. Proof of Ownership i. The mission is to GET THE ANIMAL HOME. Therefore, the

following guidelines have been put into place. Proof of ownership can be determined in many ways: ● ID tag, brand, tattoo, RFID tag or microchip ● Veterinary records ● Pictures ● Bill of sale ● Registration papers

ii. Compare the owner to the picture taken at admission/intake.

iii. If the above are lacking, take into consideration: ● Where the animal was lost compared to where it was

found ● Zip code ● Description ● Coordinating dates ● How the animal reacts to the person ● Neighbors’ identification

b. Properly discharge the animal(s) out of the database and premises.

i. Take a picture of the owner or individual that is picking up the animal.

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ii. For record keeping, record the name of the owner that has picked up the animal and mark they have been picked up so it is known that the animal is no longer at the facility.

iii. If the owner of the animal is unable to pick up their own animal, they must provide written consent with a signature for their animal to be picked up by another individual, including a name and description of the person picking up their animal (s).

iv. Once the owner and the animal have been united, they should leave the premises.

● Unclaimed animals will be held at the Ellis County Expo Center or Midlothian FFA Ag Barn stand-alone shelters and labeled as unclaimed.

a. 2-3 weeks holding typical for disaster (holding period is subject to change depending on the extent, situation of the disaster, and available resources)

b. Ellis County may elect to extend normal “hold periods” or establish a community fostering program for animals to enter if not claimed after the hold period expires.

Facility Demobilization ● The Ellis County Expo Center emergency animal shelter will remain in

operation until the Ellis County Judge determines it is no longer essential and/or when evacuation orders have been lifted and people are leaving temporary shelters to return to their homes, at which time the discharge process will be completed and the facility will be demobilized as quickly as possible.

● The facility will be inspected for damages that occurred during emergency operations. Damage that has occurred will be documented and submitted for mitigation under the Ellis County, Texas recovery process.

● Every day after the demobilization of the emergency shelter has begun, owners will be notified and asked to claim their pets from the facility immediately.

● Animals that have not been claimed once the demobilization process is complete will be relinquished to local shelters, placed in foster homes, or relocated to surrounding rescue organizations pending space and availability.

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● Rescue© Disinfectant will be used to clean all kennels in the dog areas via an SMT system. Cat areas will be cleaned and disinfected with Trifectant©.

● The Supervisor will coordinate responsibilities for cage breakdown and Expo center clean up.

Financial Accountability

Jurisdiction Personnel Tracking The following documentation will be developed and retained and used as a supplement to the normal employee tracking procedure in the reimbursement process. ● Date ● Employee name ● Employee ID ● Check-in time ● Assigned location ● Assigned position ● Specific duties ● Check-out time

Vehicle Use

County-owned vehicles ● Date ● Date Beginning Time ● Date Beginning mileage ● Destination, Mileage upon arrival at destination, Driver, Passengers,

Mission (May have multiple entries per day) ● Date Ending mileage ● Date Ending time

Volunteer vehicles ● Date ● Date Beginning Time ● Date Beginning mileage ● Destination, Mileage upon arrival at destination, Driver, Passengers,

Mission (May have multiple entries per day) ● Date Ending mileage ● Date Ending time

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Volunteer Tracking- documented on a master spreadsheet in Excel ● Date ● Employee name ● Employee ID ● Check-in time ● Assigned location ● Assigned position ● Specific duties ● Check-out time

Local Procurement- ● Food supplies can be obtained by local rescue groups and local

veterinarians. ● Transportation of animals will be provided by Local Rescue Groups,

Animal Control vehicles and Midlothian FFA vehicles and trailers. ● Excess medical supplies will be obtained from local vendors and

transported by Animal Control vehicles.

Donations Management: ● Donations will be asked for over social media outlets (Twitter, Facebook,

etc.). Donations will be processed under the 501C3 Non-Profit Organization form.

● Donations should be managed by Annex T: Donations Management Plan to the Emergency Management Plan.

Attachment 1: State of Texas Assistance Request (STAR) Example Wording An image of a STAR request is provided below. Critical sections and suggested wording is provided below this image. An example justification is provided in the Additional Information section.

Item Name: Companion Animal Kennels Quantity Number: Enter the number you need Item Description: Household pet crates or kennels appropriate for providing containment for 5 days. Requesting 30 small, 40 medium, and 30 large kennels, with 100 leashes, 100 food bowls and 100 water bowls. Purpose of Request: To provide temporary emergency housing for dogs and cats evacuated to Ellis County, Texas as a result of Hurricane Marie. When needed: Provide date

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For how long: Facility Name, address, point of contact information: Provide information. It is important to include the waypoint or coordinates if the impact area is local. Additional instructions: We think this is a critical section. It provides a place for you to justify your request. An example is below. The Ellis County, Texas Emergency Animal Shelter currently has an identified functional capacity of XX dogs and XX cats based on purpose-built kennels at the location and 50 temporary animal housing crates from jurisdictional inventory and local procurement. We have reached 75% capacity in 48 hours and anticipate the same rate for admissions for an additional 24 hours. We are requesting XX kennels to meet this need and will reach our capacity from a space and personnel basis.

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Attachment 2: Emergency Animal Shelter Situation Report

Incident:

Date: Time:

Number of animals admitted by species

Number of animals discharged by species

Number of animals transferred by species

Death loss by species

Number of kennels/stalls that are occupied

Number of kennels that are available for occupancy

Number of kennels/stalls that require cleaning and disinfection

Projected staffing requirements by position

Unmet Needs/Resource Requests

Description Number requested

Required Date

Prepared By:

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Ellis County, Texas Emergency Animal Shelter Director: Position Description and Responsibilities

Position Description The Ellis County, Texas Emergency Animal Shelter Director is responsible for overseeing all operations of the Ellis County, Texas Emergency Animal Shelter. This includes managing all aspects of the operation, providing consistent leadership, providing for integration of emergency animal sheltering in Ellis County, Texas Emergency Operations, providing the Incident Management Team (IMT) Command Staff with a full and continual operational status of emergency animal sheltering operations.

Position Responsibilities by Phase of Emergency Cycle

Readiness Level 4 1. Maintain Ellis County, Texas Emergency Animal Shelter Tactical Plan in

a current state. 2. Oversee preparedness efforts for staff and volunteers 3. Participate in an annual exercise of the Ellis County, Texas Emergency

Animal Shelter tactical plan 4. Encourage staff and volunteers to develop personal preparedness plans

that will enable them to participate in emergency operations.

Readiness Level 3 1. Convene a meeting of the Ellis County Emergency Dog and Cat

Emergency Shelter sub-committee. 2. Assign and oversee required remedial measures to emergency animal

shelter resources. 3. Develop draft public messaging and submit to Public Information Officer

(PIO). 4. Develop a plan for transferring animals housed at Animal Shelter to non-

impacted animal shelter organizations.

Readiness Level 2 1. Report estimated animal sheltering capacity to Office of Emergency

Management 2. Receive briefing on emergency situation. 3. Stage necessary resources.

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4. Initiate setting up equipment 5. Initiate transferring of animals housed at Animal Shelter to non-

impacted animal shelter or rescue organizations.

Readiness Level 1 1. Deploy necessary resources to shelter location. 2. Report operational readiness status of Emergency Animal Shelter to the

OEM.

Emergency Operations 1. Manage Animal Emergency Shelter Operations 2. Maintain Operational Tempo

a. Oversee development of and lead Emergency Animal Shelter Briefing: 06:00

b. Attend Incident briefing at EOC: time to be provided by Command Staff

i. Coordinate Emergency Animal Shelter public information with incident Public Information Officer

c. Provide Emergency Animal Shelter Situation Report to Command Staff at assigned time

https://docs.google.com/document/d/1f7f5aePypopU4ueobwYRZ3xqUfdtSdN9Ww3r7NBtz4c/edit

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Ellis County, Texas Emergency Animal Shelter Safety Supervisor: Position Description and Responsibilities

Position Description The Safety Officer is responsible for overseeing the safety and well-being of all participating staff and volunteers.


Readiness Level 4 1. Maintain personal preparedness plan in a current state. 2. Train for Safety Supervisor responsibilities

Readiness Level 3 1. Perform pre-event facility and equipment inspection (Attachment 2).

Readiness Level 2 1. Oversee safety aspects of transferring of animals housed at Animal

Shelter to non-impacted animal shelter or rescue organizations. 2. Oversee safety aspects of establishing the Emergency Animal Shelter

and relocating remaining resident populations to high-risk kennels.

Readiness Level 1 1. Develop Safety Section briefing for initial Emergency Animal Shelter

Briefing

Emergency Operations 1. Develop and deliver safety section information for AM and PM briefings 2. Integrate with Incident Safety Officer 3. Oversee safety of all Emergency Animal Shelter operations

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Ellis County, Texas Emergency Animal Shelter Admissions Supervisor: Position Description and Responsibilities

Position Description The Admissions Supervisor and staff are the most outward-facing component of the Ellis County, Texas Emergency Animal Shelter. The admissions area is typically the first and last point of contact with evacuees and first responders. This section is responsible for maintaining accountability of admitted animals and providing for financial accountability including tracking of volunteer time.


Readiness Level 4 1. Maintain personal preparedness plan in a current state. 2. Train for Admissions Supervisor responsibilities

Readiness Level 3 1. Review the personnel contact list for accuracy and report status to

Shelter Director. 2. Confirm availability of personnel, volunteers, facilities and equipment

and report status to Shelter Director. 3. Develop manifests and paperwork required for transferring animals

housed at Animal Shelter to non-impacted animal shelter organizations.

Readiness Level 2 1. Test communications among emergency animal sheltering operations

staff. 2. Confirm availability and operational status of required resources and

personnel. 3. Confirm availability of critical personnel. 4. Report estimated animal sheltering capacity to Emergency Animal

Shelter Director 5. Provide manifests and paperwork required for transferring of animals

housed at Animal Shelter to non-impacted animal shelter or rescue organizations.

6. Document kennel numbers of residents animals moved to new locations within the Ellis County Emergency Animal Shelter

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Readiness Level 1 1. Develop and deliver Admissions Section information for initial briefing 2. Provide just-in-time training on the use of Shelter Pro

Emergency Operations 1. Develop and deliver Admissions Section information in AM and PM

briefings 2. Oversee admissions of dogs and cats to the Ellis County Emergency

Animal Shelter. The following information will be collected in addition to the information documented in Shelter Pro

a. Owner sheltering location and contact number b. Secondary contact name and number c. Owner’s normal veterinarian and contact information d. Pictures will be taken of owners with their animals on arrival to

the shelter for documentation of ownership, in addition to placing a neck band on dogs with name and ID, and information will also be placed on the animal’s kennel. Cats or pocket pets or birds where placing the ID band on the animal may not be possible will have name and ID information placed on the animal’s kennel.

3. Document personnel and volunteer activities. Documentation will include the following.

a. Date b. Check-in time c. Assigned position d. Daily activity summary e. Check-out time

4. Provide summary statistics to Emergency Animal Shelter Director a. Number of admitted animals by species b. Number of discharged animals by species c. Daily census by species d. Number of available kennels e. Un-met personnel needs

5. Oversee discharge of dogs and cats to their owners.

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Ellis County, Texas Emergency Animal Shelter Animal Husbandry Supervisor: Position Description and Responsibilities

Position Description and Responsibilities The Ellis County Emergency Animal Shelter Animal Husbandry Supervisor is responsible for overseeing provision of animal husbandry needs of admitted dogs and cats.


Readiness Level 4 1. Maintain personal preparedness plan in a current state. 2. Train for Animal Husbandry Supervisor responsibilities

Readiness Level 3 1. Prepare resident animals for transfer to other facilities.

Readiness Level 2 1. Report number of kennels available for dogs and cats to Admissions

Supervisor 2. Participate in transferring of animals housed at Animal Shelter to non-

impacted animal shelter or rescue organizations. 3. Relocate remaining resident populations to high-risk kennels.

Readiness Level 1 1. Develop and deliver Animal Husbandry Section information for initial

briefing 2. Provide just-in-time training on provision of care for sheltered dogs and

cats

Emergency Operations 1. Develop and deliver Animal Husbandry Section information at AM and

PM briefings 2. Oversee provision of care of sheltered animals

a. Feeding b. Kennel cleaning c. Exercise

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d. Ensuring that animals whose care is provided by owners is appropriately cared for. Kennel walk-bys will be performed at the end of each identified feeding time.

3. Provide daily animal census by species to the Admissions Supervisor on a schedule appropriate for reporting requirements

Ellis County, Texas Emergency Animal Shelter Logistics Supervisor: Position Description and Responsibilities

Position Description and Responsibilities The Ellis County Emergency Animal Shelter Logistics Supervisor is responsible for overseeing the logistical needs of the Emergency Animal Shelter.


Readiness Level 4 1. Maintain personal preparedness plan in a current state. 2. Train for Logistics Supervisor responsibilities

Readiness Level 3 1. Perform or complete any required remedial measures to emergency

animal shelter resources. 2. Prepare equipment required for transferring resident animals to

receiving shelters

Readiness Level 2 1. Stage necessary resources. 2. Initiate setting up equipment 3. Participate in transferring of animals housed at Animal Shelter to non-

impacted animal shelter or rescue organizations. 4. Prepare kennels to receive remaining resident populations to high-risk

kennels.

Readiness Level 1 1. Deploy necessary resources to shelter location. 2. Complete establishment of Emergency Animal Shelter

Emergency Operations 1. Develop and deliver Logistics section of the AM and PM briefing

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2. Oversee operations of the Logistics Section 3. Provide receipts for emergency sheltering related purposes to the

Admissions Supervisor 4. Coordinate correction of resource shortfalls with the Logistics Chief 5. Provide a list of unmet needs to the Emergency Shelter Director on a

schedule required for reporting purposes

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Ellis County, Texas Emergency Animal Shelter Veterinary Medical Supervisor: Position Description and Responsibilities

Position Description and Responsibilities The Ellis County Emergency Animal Shelter Veterinary Medical Supervisor is responsible for overseeing and coordinating the veterinary medical care of the Emergency Animal Shelter.


Readiness Level 4 1. Maintain personal preparedness plan in a current state. 2. Train for Logistics Supervisor responsibilities

Readiness Level 3 1. Confirm availability of veterinary medical support from the private

sector. 2. Prepare resident animals for transfer to non-impacted animal shelter

organizations.

Resident Level 2 1. Support transferring of animals housed at Animal Shelter to non-

impacted animal shelter or rescue organizations.

Readiness Level 1 1. Develop a list of required pharmaceuticals and medical supplies with

participating veterinary medical professionals 2. Request required pharmaceuticals and medical supplies

Emergency Operations 1. Develop and deliver Veterinary Medical Section information in AM and

PM briefings 2. Triage and assign risk classifications of admitted dogs and cats 3. Coordinate participation of participating private sector veterinary

medical professionals 4. Maintain a list of dogs and cats requiring veterinary medical assistance

and coordinate provision of care


AGENDA CAPTION: Consider and act upon an Agreement for Professional Services for the preparation of a Flood Study for the tributaries of Waxahachie Creek in Creek Bend Estates with Teague, Nall and Perkins, Inc., in an amount not to exceed $70,000. ITEM SUMMARY/BACKGROUND: Creek Bend Estates was developed in the mid-to-late 1980’s as a larger-lot subdivision located within the City’s extraterritorial jurisdiction (ETJ). This development is located along several unnamed tributaries of Waxahachie Creek and over the years has experienced flooding. As a result of this flooding, a couple of limited drainage assessments were conducted, with the latest being completed in early 2002. Based on this assessment, the detention pond located near Navarro College and just north of Mt. Zion Road was built during the construction of S. Midlothian Parkway. While this facility has helped to lessen some of the downstream impacts within certain parts of Creek Bend, it was initially installed as a more immediate measure, with the potential for it to be improved and upgraded at some time in the future if necessary. Within the last three (3) years, the Creek Bend area has experienced two (2) significant rainfall events, that have resulted in flooding and damage to a number of properties. These recent events, along with the development and growth that has occurred over the years within the basins that drain to and through Creek Bend, have increased the concerns of residents regarding flooding and damage that may come as a result of heavy rains in the future. Therefore, during the budget planning process for fiscal year 2021-2022, staff discussed this issue with the City Council and Council agreed with having a drainage study prepared for the Creek Bend area in order to better understand and assess the current drainage impacts to this area, as well as identify possible measures that could be implemented to help mitigate the impacts during periods of heavy rainfall and/or flooding events. SPECIAL CONSIDERATION: The attached scope of services from Teague, Nall and Perkins, Inc. (TNP) includes the following items to be performed: 1. Survey the Tributaries and Street Crossing in the Creek Bend Subdivision; 2. Perform Hydraulic Modeling of the Existing Conditions; 3. Evaluate Potential Flood Mitigation Improvement Alternatives to Reduce Peak Flows in Creek Bend Estates; 4. Perform Hydraulic Modeling of the Improvement Alternatives; 5. Prepare Conceptual Cost Estimates of the Improvement Alternatives; 6. Provide Conceptual Recommendations for Addressing Erosion Issues; and 7. Develop Conceptual Cost Estimates of Erosion Mitigation Measures. As part of the above items, TNP will evaluate the storage and outfall structure of the existing detention pond, with the intent of reducing the downstream peak discharges through Creek Bend. In addition, the existing culvert crossings at S. Midlothian Parkway, Creek Bend Drive, Clearwater Drive and Nueces Trail will be evaluated and improvement alternatives provided. Upon completion, a final report will be prepared that details the background, assumptions, methodologies, results of the study and opinions of probable construction costs for the proposed mitigation measures.

FINANCIAL IMPACT/FUNDING SOURCE: Funding for this expenditure is budgeted within the fiscal year 2021/2022, 105-617-239. ATTACHMENTS: 1. Agreement for Professional Services with Teague, Nall and Perkins, Inc. 2. Project Location Map ALTERNATIVES: Approve, deny or table RECOMMENDATION: Staff recommends approval as presented, consistent with the direction of the City Council during the budget process. SUBMITTED BY and TO BE PRESENTED BY: Scott Morrow, P.E., Assistant City Engineer, for the Tuesday, October 26, 2021 City Council meeting.

REVIEWED BY:

APPROVED BY:

City of Midlothian and Teague, Nall & Perkins, Inc. (FORM) Agreement for Professional Services TM92123

STATE OF TEXAS § § COUNTY OF ELLIS §

AGREEMENT FOR PROFESSIONAL SERVICES

This Agreement for Professional Services (“Agreement”) is made by and between the City of Midlothian, Texas (“City”) and Teague, Nall & Perkins, Inc., a Texas corporation, (“Professional”), (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives.

RECITALS: WHEREAS, City desires to engage the services of Professional as an independent contractor, and not as an employee, to provide the services described in Exhibit “A” (the “Scope of Services”) to assist the City in the Creek Bend Flood Study and Regional Detention Evaluation (the “Project”); and WHEREAS, Professional desires to render professional services for the City on the terms and conditions set forth in this Agreement; NOW THEREFORE, in exchange for the mutual covenants set forth herein, and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

Article I Term

1.1 This Agreement shall commence on the last date of execution hereof (“Effective Date”) and continue until completion of the services, unless sooner terminated as provided herein. 1.2 Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. In the event of such termination the Professional shall deliver to City all finished and unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs or other items prepared by the Professional in connection with this Agreement. Professional shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination.

Article II Scope of Service

2.1 Professional shall perform the services in connection with the Project as set forth in the Scope of Services. Professional shall perform the services: (i) with the professional skill and care ordinarily provided by competent engineers or architects, as the case may be, practicing in the same or similar locality and under the same or similar circumstances and professional license; and (ii) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect, as the case may be. __________

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Attachment 1


2.2 City shall, prior to commencement of services, provide Professional with the information set forth in the Scope of Services, if any. 2.3 The Parties acknowledge and agree that any and all opinions provided by Professional in connection with the Scope of Services represent the professional judgment of the Professional, in accordance with the standard of care applicable by law to the services performed hereunder. 2.4 Upon execution of this Agreement the City has the right to use Professional’s instruments of service, including but not limited to reports, maps, cost estimates, recommendations or other deliverables for the Project, provided that the City substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The City’s employees, agents, contractors and subcontractors may reproduce applicable portions of the instruments of service for use in performing services or construction for the Project. Upon payment of all amounts due Professional hereunder, all deliverables, materials and reports prepared by the Professional in connection with this Agreement shall become the property of the City. The City shall have the right to publish, disclose, distribute and otherwise use such deliverables, materials and reports only for those purposes for which they were intended. Subject to the foregoing, Professional shall, upon completion of the services, or earlier termination, provide the City with the deliverables, drawings, reports, maps, and materials prepared by Professional as set forth in the Scope of Services. Record drawings created by the Professional which reflect information from the contractor/inspector shall include all plan sheets on a compact disc in a “.dwg” format and scanned 24” x 36” black & white “Tiff” images at 400 dpi resolution.

Article III Schedule of Work

Professional agrees to complete the required services in accordance with the Project Schedule outlined in the Scope of Services.

Article IV Compensation and Method of Payment

4.1 Professional will be compensated in accordance with the payment schedule and amounts set forth in the Scope of Services. Unless otherwise provided herein, payment to the Professional shall be monthly based on the Professional’s monthly progress report and detailed monthly itemized statement for services that shows the names of the Professional’s employees, agents, contractors performing the services, the time worked, the actual services performed, the rates charged for such service, reimbursable expenses, the total amount of fee earned to date and the amount due and payable as of the current statement, in a form reasonably acceptable to the City. Monthly statements shall include authorized non-salary expenses with supporting itemized invoices and documentation. The City shall pay such monthly statements within thirty (30) days after receipt and City verification of the services and expenses unless otherwise provided herein.

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4.2 Unless otherwise provided in the Scope of Services the Professional shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, telephone, internet and email charges.

4.3 The hourly rates set forth in the Scope of Services, if any, shall remain in effect during the term of this Agreement. Any changes to established hourly rates shall require the prior written consent of the City.

Article V Devotion of Time; Personnel; and Equipment

5.1 The Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. Should the City require additional services not included under this Agreement, the Professional shall make reasonable effort to provide such additional services within the time schedule without decreasing the effectiveness of the performance of services required under this Agreement, and shall be compensated for such additional services on a time and materials basis, in accordance with Professional’s standard hourly rate schedule, or as otherwise agreed between the Parties. 5.2 To the extent reasonably necessary for the Professional to perform the services under this Agreement, the Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that the Professional may deem proper to aid or assist in the performance of the services under this Agreement. The Professional shall provide written notice to and approval from the City prior to engaging services not referenced in the Scope of Services. The cost of such personnel and assistance shall be included as part of the total compensation to be paid Professional hereunder, and shall not otherwise be reimbursed by the City unless provided differently herein. 5.3 The Professional shall furnish the facilities, equipment and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. 5.4 The Professional shall submit monthly progress reports and attend progress meetings as may be required by the City from time to time based upon Project demands. Each progress report shall detail the work accomplished and special problems or delays experienced on the Project during the previous report period, and the planned work activities and special problems or delays anticipated for the next report period.

Article VI Miscellaneous

6.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter.

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6.2 Assignment. Professional may not assign this Agreement without the prior written consent of City. In the event of an assignment by the Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 6.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 6.4 Governing Law. The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in the State District Court of Ellis County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.5 Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 6.6 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.7 Independent Contractor. It is understood and agreed by and between the Parties that the Professional, in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement.

6.8 Right-of-Access. Professional shall not enter onto private property without lawful right-of-access to perform the required surveys, or other necessary investigations. The Professional will take reasonable precautions to minimize damage to the private and public property in the performance of such surveys and investigations. Any right-of-access to public or private property shall be obtained in accordance with the Scope of Services.

6.9 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein:

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If intended for City: Attn: Chris Dick City Manager City of Midlothian, Texas 104 W Ave E Midlothian, Texas 76065 Telephone: 972-775-3481

With a copy to: Joseph J. Gorfida, Jr. Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Ross Tower 500 N. Akard Street Dallas, Texas 75201 Telephone: 214-965-9900

If intended for Professional: Mandy Clark, P.E., CFM, AICP Teague, Nall & Perkins, Inc. 5237 N. Riverside Drive,Suite 100 Fort Worth, Texas 76137 Telephone: 817-665-7116

6.10 Insurance.

(a) Professional shall during the term hereof maintain in full force and effect the following insurance: (i) a comprehensive general liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the Professional’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $2,000,000.00 per occurrence for injury to persons (including death), and for property damage; (ii) policy of automobile liability insurance covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $500,000.00 combined single limit and aggregate for bodily injury and property damage; (iii) statutory Worker’s Compensation Insurance at the statutory limits and Employers Liability covering all of Professional’s employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00; and (iv) Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limit of not less than $2,000,000.00 per claim and $2,000,000.00 in the aggregate.

(b) All policies of insurance shall be endorsed and contain the following provisions:

(1) name the City, its officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance and Professional Liability; and (2) provide for at least thirty (30) days prior written notice to the City for cancellation of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance, except for Professional Liability Insurance. The Professional shall provide written notice to the City of any material change of or to the insurance required herein. _________

Initial


(c) All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service.

(d) A certificate of insurance and copies of the policy endorsements evidencing the

required insurance shall be submitted prior to commencement of services and upon request by the City.

6.11 Debarment and Suspension. (a) In accordance with 2 CFR section 180.300, the principal of this contract as

described in 2 CFR section 180.995 being duly sworn or under penalty of perjury under the laws of the United States, certifies that neither this company nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, the State of Texas or any of its departments or agencies.

(b) If during the contract period the principal becomes debarred, suspended, proposed

for debarment, declared ineligible or voluntarily excluded from participation, the principal shall immediately inform the City of Midlothian.

(c) For contracts that are financed by Federal or State grants, the principal agrees that

this section will be enforced on each of its subcontractors, and will inform the City of Midlothian of any violations of this section by subcontractors to the contract.

(d) The certification in this section is a material representation of fact relied upon by

the City in entering into this contract. 6.12 Indemnification. PROFESSIONAL DOES HEREBY COVENANT AND

CONTRACT TO WAIVE ANY AND ALL CLAIMS, RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, CAUSED BY OR RESULTING FROM THE NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL, ITS AGENT, ITS CONSULTANT UNDER CONTRACT, OR ANY OTHER ENTITY OVER WHICH THE PROFESSIONAL EXERCISES CONTROL SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002 (B).

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INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS’ FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS IN PROPORTION TO THE PROFESSIONAL’S LIABILITY.

THE PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT

BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

6.13 Counterparts. This Agreement may be executed by the Parties hereto in separate

counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto. 6.14 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 6.15 Prohibition of Boycott Israel. Professional verifies that it does not Boycott Israel, and agrees that during the term of this Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended.

[Signature Page to Follow]

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EXECUTED this _______ day of _____________________, 2021.

City of Midlothian, Texas By: ____________________________________ Name: Chris Dick Title: City Manager

Attest:

By: ____________________________________ Tammy Varner City Secretary

EXECUTED this _______ day of __________________, 2021.

Professional By: ____________________________________ Name: ____________________________________ Title: ____________________________________

Exhibit “A” City of Midlothian and Teague, Nall & Perkins, Inc. (FORM) Agreement for Professional Services

EXHIBIT “A” SCOPE OF SERVICES

Creek Bend Flood Study and Regional Detention Evaluation Client: City of Midlothian 10/11/2021

EXHIBIT A SCOPE OF SERVICES

PROJECT NAME: Creek Bend Flood Study and Regional Detention Evaluation TNP PROJECT NUMBER: MID 21343 GENERAL SCOPE DESCRIPTION: Provide professional engineering and surveying services related to preparation of a flood study for the Unnamed Tributary to Unnamed Tributary of Waxahachie Creek in Creek Bend Estates, including hydrologic and hydraulic modeling, regional detention evaluation, floodplain mapping, and mitigation recommendations. A detailed scope of services is included as Attachment A and is made a part hereto. COMPENSATION to be on the basis of the following:

1. BASIC SERVICES: CLIENT agrees to pay ENGINEER a total fixed fee of $70,000 (seventy thousand) for BASIC SERVICES as outlined below and in Attachment A. BASIC SERVICES shall be in accordance with payment terms.

2. ADDITIONAL SERVICES: Services provided by the Engineer which are not specifically included

in Basic Services as defined above or described in Attachment A shall be reimbursed on an hourly basis at standard TNP hourly rates (Attachment D). No Additional Services shall be performed without the Client’s written authorization. Examples of Additional Services are provided on Attachment B.

3. PAYMENT TERMS: CLIENT shall be billed monthly for services rendered and pay promptly

upon receipt of invoice. Billings for fixed fee services shall be based on the percentage of work complete. Delays of payment in excess of 30 days from invoice date may result in cessation of services until payment is received. Additionally, ENGINEER may withhold all work products and documents until payment is received in full. Time shall be added to the project schedule for any work stoppages resulting from CLIENT’s failure to render timely payment.

Agreement by CLIENT to this contract acknowledges available funding for the proposed services

provided by ENGINEER. Payment for services shall not be contingent upon CLIENT’s available project specific funds or anticipated future funding.

SCHEDULE: A detailed schedule will be developed with City Staff upon contract execution. PROJECT LOCATION: Attachment C, which is included and made a part hereto, shows the location and approximate limits of the Project.


EXHIBIT A – SCOPE OF SERVICES

ATTACHMENT A BASIC SERVICES

BACKGROUND:

In 2003, the City of Midlothian constructed the Creek Bend Detention Pond in order to reduce and mitigate downstream discharges and flood potential along the Unnamed Tributary to Unnamed Tributary of Waxahachie Creek. In 2017, TNP evaluated the feasibility of using the Creek Bend Detention Pond as a regional detention facility that could mitigate the increased runoff rates from future upstream developments. Due to continued flooding and erosion issues in the Creek Bend Estates subdivision, the City is now seeking to evaluate the potential for improvements to this existing detention facility, as well as improvements to the existing channel downstream of the detention facility, including culvert crossings at S Midlothian Parkway, Creek Bend Drive, Clearwater Drive, and Nueces Trail.

This scope of services is for developing a study to evaluate the feasibility of detention and culvert improvements and estimating the construction effort and cost required to construct such improvements, as well as their potential impacts.

Teague Nall and Perkins, Inc. (ENGINEER) shall provide the following professional services (BASIC SERVICES).

A. Data Collection and Gathering

1. Topographic Survey:

a. Channel cross-section survey of the Unnamed Tributary to Unnamed Tributary of Waxahachie Creek from Midlothian Parkway through Nueces Trail. Ground survey shall be conducted between the banks of the channel and supplemented with LIDAR data.

b. Limited spot elevations of culvert crossings at Creek Bend Drive, Clearwater Drive, and Nueces Trail for the purposes of hydraulic modeling.

2. Perform up to two (2) field visits to evaluate the site conditions, understand drainage patterns and potential construction constraints, and visual survey/inspection of the UPRR bridge crossing.

3. Obtain record drawings for existing infrastructure and developments in the area, as necessary.

B. Existing Conditions Modeling The ENGINEER shall conduct the following steps necessary to evaluate the existing project drainage conditions:


1. Extend the hydrologic and hydraulic modeling from the previous TNP study downstream to the study limits, as defined on Attachment C. To the extent practicable, this modeling will use information from the previous TNP study (Creek Bend Regional Detention Study) and the BSP Creek Bend LOMR. This modeling will include:

a. Developing watershed discharges using the SCS Unit Hydrograph hydrologic parameters and peak discharges for the Unnamed Tributary of Waxahachie Creek. This includes incorporating the Methodist Midlothian Medical Center detention pond and SCS Site 5 Reservoir Dam into the hydrologic modeling.

b. Extending HEC-RAS hydraulic model for the Unnamed Tributary to Unnamed Tributary of Waxahachie Creek from the previous TNP study downstream to the confluence of Waxahachie Creek. The hydraulic model will also include the small tributary that crosses Clearwater Drive.

c. Evaluating existing culvert and channel capacities, as well as channel erosion, shear, and erosivity.

C. Improvement Alternatives Modeling 1. The ENGINEER shall conduct the following steps necessary to evaluate the potential flood

mitigation improvement alternatives:

a. Evaluate storage and outfall structure improvements to the existing Creek Bend Detention Pond with the intent of reducing downstream peak discharges through the Creek Bend Estates subdivision. It is assumed that up to two (2) different improvement alternatives will be analyzed by the ENGINEER at this location. Given the conceptual nature of this study, potential pond grading improvements shall be evaluated using LIDAR data.

b. Evaluate improvements to the existing culvert crossings at South Midlothian Parkway, Creek Bend Drive, Clearwater Drive, and Nueces Trail. It is assumed that up to two (2) different improvement alternatives will be analyzed by the ENGINEER at each of these locations.

c. Evaluate the downstream impacts of proposed pond, channel, and culvert improvements.

d. Prepare conceptual construction cost estimates for each flood mitigation improvement alternative to aid in decision-making by the City.

2. ENGINEER shall evaluate erosion issues along the limits of the project:

a. Provide conceptual recommendations for addressing erosion issues

b. Develop conceptual construction cost estimates for recommended erosion mitigation alternatives.


3. Client Coordination

1. The ENGINEER shall attend one (1) kickoff meeting with the City’s Engineering Department.

2. Prepare a report that discusses the background, assumptions, methodologies, and results of the feasibility study. Report will include pertinent exhibits and tables that support the narrative and findings, as well as incorporate Opinions of Probable Constructions Costs.

3. The ENGINEER will provide two (2) bound copies of both the DRAFT and FINAL reports to the City of Midlothian, along with one digital copy in PDF format.

4. The ENGINEER will provide all model runs in electronic format.

5. The ENGINEER shall conduct a technical meeting to present results of the analysis to the City’s Engineering Department.

Any meetings or presentations in addition to those previously mentioned can be provided as Special Services.


EXHIBIT A – SCOPE OF SERVICES ATTACHMENT B - ADDITIONAL SERVICES

Additional services include, but are not limited to the following: 1. Preparation of Right-of-Entry documents.

2. Survey of Railroad crossing structure for inclusion in hydraulic modeling 3. Detailed ground topographic survey of the existing detention pond 4. Survey of Finished Floor Elevations

5. Engineering design or preparation of construction documents.

6. Engineering design of retaining walls, foundations for structures, soil conditioning plans,

landscape features, entry gates or screening walls.

7. FEMA floodplain map amendments or studies (LOMR or CLOMR).

8. Demolition plan for removal of the existing trees or any existing structures or facilities.

9. Water and/or sanitary sewer studies or modeling. 10. TCEQ dam permitting or dam breach analyses. 11. Environmental assessments or permitting. 12. Geotechnical evaluations.

13. Preparation of easement documents, right-of-way documents or abandonment documents. 14. Presentations and public meetings not specifically described herein.


EXHIBIT A – SCOPE OF SERVICES ATTACHMENT C - PROJECT LOCATION


EXHIBIT A – SCOPE OF SERVICES ATTACHMENT D – HOURLY RATES

Teague Nall and Perkins, Inc. 2019 - 2021 Standard Hourly Rates

Effective January 1, 2019 to December 31, 2021 Hourly

Engineering/Landscape Architecture/ROW Billing Rate

Principal $250 Team Leader $230 Senior Project Manager $220 Project Manager $175 Senior Engineer $230 Project Engineer $160 Engineer III/IV $135 Engineer I/II $125 Landscape Architect / Planner $160 Landscape Designer $120 Senior Designer $140 Designer $130 Senior CAD Technician $125 CAD Technician $110 IT Technician $170 Clerical $80 ROW Manager $190 Senior ROW Agent $160 ROW Agent $125 Relocation Agent $160 ROW Admin $70 Intern $70

Hourly Surveying Billing Rate

Survey Manager $230 Registered Professional Land Surveyor (RPLS) $195 Field Coordinator $140 S.I.T. or Senior Survey Technician $140 Survey Technician $110 1-Person Field Crew w/Equipment** $145 2-Person Field Crew w/Equipment** $175 3-Person Field Crew w/Equipment** $200 4-Person Field Crew w/Equipment** $220 Flagger $50 Abstractor (Property Deed Research) $90 Small Unmanned Aerial Systems (sUAS) Equipment Use $250 (4 hr. min.)

Hourly Utility Management, Utility Coordination, and SUE Billing Rate


Senior Utility Coordinator $165 Utility Coordinator $150 SUE Project Manager $190 SUE Engineer $170

Field Coordinator $140 Sr. Utility Location Specialist $140 Utility Location Specialist $90 1-Person Designator Crew w/Equipment*** $145 2-Person Designator Crew w/Equipment*** $170 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) $275 (4 hr. min.) Core Drill (equipment only) $750 per day SUE QL-A Test Hole (0 < 4 ft) $1,250 each SUE QL-A Test Hole (> 4 < 6 ft) $1,500 each SUE QL-A Test Hole (> 6 < 8 ft) $1,750 each SUE QL-A Test Hole (> 8 < 10 ft) $2,000 each SUE QL-A Test Hole (> 10 < 12 ft) $2,250 each SUE QL-A Test Hole (> 12 < 14 ft) $2,500 each

Hourly Construction Management, Construction Engineering and Inspection (CEI) Billing Rate

Construction Inspector II $100 Construction Inspector III $110 Senior Construction Inspector $130 Construction Superintendent $180 Senior Project Manager $220

Direct Cost Reimbursables

A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP.

Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost.

Notes: All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a multiplier of 1.10.

* Rates shown are for calendar year 2021 are subject to change in subsequent years.

** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level.

*** Includes crew labor, vehicle costs, and field supplies.


EXHIBIT A – SCOPE OF SERVICES ATTACHMENT C - PROJECT LOCATION

Attachment 2


AGENDA CAPTION: Consider and act upon the purchase of a new Caterpillar 926M wheel loader from HOLT CAT, utilizing the Sourcewell Cooperative Purchasing program, in an amount not to exceed $161,259.36. ITEM SUMMARY/BACKGROUND: As part of the water treatment process, sludge is generated on-site and needs to be regularly disposed of (either land applied or hauled off). As the City’s water treatment plants expand based on an increased demand, so does the volume of sludge. This loader will be utilized to handle the sludge that’s generated at both plants, as well as for other operational needs. This loader will replace the plant’s existing 1997 John Deere 544L wheel loader, which was handed down from another department and has exceeded its useful life. Staff will check on the trade-in value of this piece of equipment with HOLT CAT, which if viable, will reduce the above price. In the event that the trade-in is not viable or favorable, the old loader will be taken out of the plant’s inventory and auctioned off. SPECIAL CONSIDERATION: Texas Local Government Code, Sections 271.101 and 271.102, authorize local governments to participate in the purchase of items by utilizing State-recognized purchasing cooperatives. Section 271.102(c) states that a local government that purchases goods or services under this subchapter satisfies any State law requiring the local government to seek competitive bids for the purchase of the goods or services. The use of the Sourcewell Cooperative Purchasing program (contract number 032119) to purchase this equipment is in compliance with the State bidding requirements. FINANCIAL IMPACT/FUNDING SOURCE: Funding for this expenditure is budgeted within the FY 2021/2022, 205-634-634. ATTACHMENTS: 1. Price Quote from HOLT CAT 2. Picture of Cat 926M loader ALTERNATIVES: Approve, deny or table RECOMMENDATION: Staff recommends approval as presented. SUBMITTED BY and TO BE PRESENTED BY: Joe Richey, Water Treatment Plant Manager, for the Tuesday, October 26, 2021 City Council meeting.

REVIEWED BY:

APPROVED BY:

Attachment 1Attachment 1

Attachment 2


AGENDA CAPTION: Consider and act upon the purchase of a 2023 MY International HV607 6x4 dump truck from Southwest International Trucks, Inc., utilizing the Texas Buy Board Purchasing Cooperative program, in an amount not to exceed $119,504.23. ITEM SUMMARY/BACKGROUND: As part of the water treatment process, sludge is generated on-site and needs to be regularly disposed of (either land applied or hauled off). As the City’s water treatment plants expand based on an increased demand, so does the volume of sludge. This 13 – 15 cubic yard (cy) dump truck will be utilized to handle the sludge that’s generated at both plants, as well as for other operational needs. Staff has specified the 6x4 chassis instead of the 4x2 or 6x2 since this vehicle will be hauling wet sludge at times, as well as being used both on- and off-road. Please note that based on the current market, the lead time on this truck is a year or so from now. This truck will replace the plant’s existing 1997 Chevrolet 6 cy dump truck, which was handed down from another department and has exceeded its useful life. Staff has checked on the trade-in value of this truck with Southwest International Trucks and at this time, the current value is $2,500. Therefore, once the new dump truck arrives, staff anticipates taking this truck out of the plant’s inventory and it being auctioned off. SPECIAL CONSIDERATION: Texas Local Government Code, Sections 271.101 and 271.102, authorize local governments to participate in the purchase of items by utilizing State-recognized purchasing cooperatives. Section 271.102(c) states that a local government that purchases goods or services under this subchapter satisfies any State law requiring the local government to seek competitive bids for the purchase of the goods or services. The use of the Texas Buy Board Purchasing Cooperative program (contract 601-19) to purchase this equipment is in compliance with the State bidding requirements. FINANCIAL IMPACT/FUNDING SOURCE: Funding for this expenditure is budgeted within the FY 2021/2022 205-634-634. ATTACHMENTS: Price Quote from Southwest International Trucks, Inc. ALTERNATIVES: Approve, deny or table RECOMMENDATION: Staff recommends approval as presented.

SUBMITTED BY and TO BE PRESENTED BY: Joe Richey, Water Treatment Plant Manager, for the Tuesday, October 26, 2021 City Council meeting.

REVIEWED BY:

APPROVED BY:

Texas Local Government Purchasing CooperativeThe Buy Board

PRICING W ORKSHEET

Buying Agency: City of Midlothian Date Prepared 10/15/2021

Southwest International Trucks Contract 601-19

Product Description: 2 2023 MY International HV607 6X4 Dump Truck

MV607 4x2 is base chassis

Contact Person: Justin Hutto Item: Base Chassis Bid - HV607 6X4 70,451.63$

B: Options Option cost is 80% of MSRP

FRAME REINFORCEMENT: Full Outer C Chan. $1,440.00 SW ITCH: Auxiliary with Conns in PDC $67.20

W HEELBASE RANGE: 169"-219" $159.20 HORN: Air $75.20

FRONT AXLE & SUSPENSION: 18,000 GAW R $2,244.00 INSULATION: Under Hood - Sound Abatement $133.60

TRAILER CONNECTION: 4 W hl w/Hand Valve $433.60 INSULATION: Splash Panels $60.80

AIR DRYER: Bendix AD9 $360.00 CLUTCH: Delete -$222.40

AIR DRYER LOCATION: Inside LHS Rail BOC $40.00 ENGINE DIESEL: L9 350 HP 1050 lb. ft. Torque $2,356.00

DUST SHIELDS: Front Brakes $28.00 ENGINE: Block Heater $78.40

DUST SHIELDS: Rear Axles $112.00 ENGINE CONTROL REMOTE MOUNTED $48.00

AIR TANK LOCATION: Under Batt. Box BOC $72.80 TRANSMISSION: Allison 3000RDS w/ PTO Cap $7,179.20

BRAKES FRONT: Meritor Q 16.5" X 6" $452.00 TRANSMISSION: Oil Cooler & Synthetic Oil $880.80

STEERING COLUMN: Tilting $100.00 W HEELS: Front & Rear $192.80

STEERING GEAR: (2) Sheppard M100/M80 $927.20 TRANSMISSION SHIFT CONTROL: Column $40.00

DRIVELINE: Dana-Spicer 1710's -$412.80 SUSPENSION, REAR AXLE: HAS-402-55 $3,356.80

EXHAUST SYSTEM: RHS Under Cab $928.80 DEF TANK: 9.5 US Gals, Under Cab $71.20

TAILPIPE: Short w/ 90 Degree Turn-Out -$96.00 FUEL W ATER SEPARATOR: Racor 400 -$176.80

ENGINE EXHAUST BRAKE: For Cummins L9 $147.20 FUEL TANK: 26", 80 Gallons, LHS-UC $551.20

BODY BUILDER W IRING: To BOC $80.00 AIR-CONDITIONING: Blend-Air $738.40

ELECTRIC TRAILER BRAKE LIGHTS: Pkg $290.40 SEAT DRIVER & PASSENGER $387.20

SPEAKERS: 2-6X5 Doors / 2-5.25 B-Pillars $110.40 MIRRORS: C-Loop Heated & Driver Arm Rest $136.80

RADIO: AM/FM/W B/Clock/USB/Input&Aux $386.40 PAINT ID FRONT: Front. Delete -$19.20

TRAILER AUX FEED CIRCUIT $98.40 W INDOW S, POW ER: & Power Locks $293.60

BATTERY BOX: Steel Mtd. LHS BOC $141.60 TIRES, REAR: 11R22.5 Conti HDR2+ $1,299.20

SW ITCH: Toggle for W ork-Light $47.20 TIRES, FRONT: 315/80R22.5 Bridgestone M843 $624.00

TEST EXTERIOR LIGHTS: Pre-Trip Inspection $33.60 $0.00

STARTING MOTOR: Delco-Remy 38MT $33.60 RAW MATERIAL SURCHARGE:As of 10/15/2021 $1,750.00

Subtotal Column 1: 8,157.60$ Subtotal Column 2: $19,902.00

Total Options $28,059.60

CHASSIS W ITH FACTORY OPTIONS $98,511.23

TOTAL BODY PRICE See attached body spec sheet $20,410.00

Additional Options:

Buy Board Fee $400.00

Transportation $0.00

DOT Inspection with Fire Extinguisher and Road Flare Kit $183.00

TOTAL BUY BOARD PRICE $119,504.23

Ed Smith PEASE BE AW ARE: Due to the rising cost of Raw Materials &

Southwest International Trucks-Arlington. Critical Components Southwest International Trucks as well as our

Arlington, Texas, 76010 Body Providers may see additional surcharges after customers

Fax# 214-689-1421 orders are placed. This quote includes all Raw Material Surcharges

Office# 214-689-1420

E-mail Address: [email protected]

that are in effect as of todays date. Please be aware that any cost

increases for these area of concern, will be in addition to the price

58,000 GVW R

15' Frameless Dump Body as per Provided Quote from Warren Truck & Trailer Quote# WTTLLC00012163

10/15/202111:58 AM

Attachment

Texas Local Government Purchasing CooperativeThe Buy Board

To purchase this unit, please issue a purchase order to Southwest International Trucks, Inc. and send it to the Buy Board.

W e will order your truck when we receive notification from the Buy Board of your purchase order.

Thank you,

Ed Smith

quoted. If this occurs, we will provide the documents from the

manufacturer with the date for your records.

10/15/202111:58 AM

Prepared For: Presented By:City of Midlothian, TexasJustin Hutto1050 N Highway 67Midlothian, TX 76065-2230(972)775 - 1083Reference ID: N/A

SOUTHWEST INTL TRKS INCEdwin R Smith

2401 E PIONEER PKWYARLINGTON TX 76010 -

(817)461-2931

Model Profile2023 HV607 SBA (HV607)

AXLE CONFIG: 6X4APPLICATION: Construction DumpMISSION: Requested GVWR: 58000. Calc. GVWR: 58000. Calc. GCWR: 80000

Calc. Start / Grade Ability: 18.98% / 1.85% @ 55 MPHCalc. Geared Speed: 78.2 MPH

DIMENSION: Wheelbase: 187.00, CA: 119.90, Axle to Frame: 63.00ENGINE, DIESEL: {Cummins L9 350} EPA 2021, 350HP @ 2200 RPM, 1050 lb-ft Torque @ 1200 RPM, 2200 RPM

Governed Speed, 350 Peak HP (Max)TRANSMISSION, AUTOMATIC: {Allison 3000 RDS} 5th Generation Controls, Close Ratio, 6-Speed with Double Overdrive, with

PTO Provision, Less Retarder, Includes Oil Level Sensor, with 80,000-lb GVW and GCW Max,On/Off Highway

CLUTCH: Omit Item (Clutch & Control)AXLE, FRONT NON-DRIVING: {Meritor MFS-18-133A} Wide Track, I-Beam Type, 18,000-lb CapacityAXLE, REAR, TANDEM: {Meritor MT-40-14X-4DFR} Single Reduction, 40,000-lb Capacity, .433"(11mm) Wall Housing

Thickness, R Wheel Ends Gear Ratio: 5.29CAB: Conventional, Day CabTIRE, FRONT: (2) 315/80R22.5 Load Range L M843 (BRIDGESTONE), 480 rev/mile, 65 MPH, All-PositionTIRE, REAR: (8) 11R22.5 Load Range G HDR2+ (CONTINENTAL), 491 rev/mile, 75 MPH, DriveSUSPENSION, REAR, AIR, TANDEM: {Hendrickson HAS-402-55} 40,000-lb Capacity, 55" Axle Spacing, 9.5" Ride Height, with Shock

Absorbers, Mounted InboardFRAME REINFORCEMENT: Full Outer C-Channel, Heat Treated Alloy Steel (120,000 PSI Yield), 10.813" x 3.892" x

0.312" (274.6mm x 98.8mm x 7.9mm), 480.0" (12192mm) OALPAINT: Cab schematic 100WL

Location 1: 9219, Winter White (Std)Chassis schematic N/A

October 15, 2021

1 Proposal: 8321-01

Description F/R Wt Tot Wt(lbs) (lbs)

Base Chassis, Model HV607 SBA with 187.00 Wheelbase, 119.90 CA, and 63.00 Axle to Frame. 6136/3644 9780

AXLE CONFIGURATION

AXLE CONFIGURATION {Navistar} 6x4 67/-73 -6

Notes: Pricing may change if axle configuration is changed.

ENGINE

ENGINE, DIESEL {Cummins L9 350} EPA 2021, 350HP @ 2200 RPM, 1050 lb-ft Torque @ 1200 RPM, 2200RPM Governed Speed, 350 Peak HP (Max)

583/-19 564

CARB EMISSION WARR COMPLIANCE Federal, Does Not Comply with CARB Emission Warranty 0/0 0

CARB IDLE COMPLIANCE Federal, Does Not Comply with California Clean Air Idle Regulations 0/0 0

EMISSION, CALENDAR YEAR {Cummins L9} EPA, OBD and GHG Certified for Calendar Year 2022 0/0 0

RADIATOR Aluminum, Cross Flow, Front to Back System, 1228 SqIn, with 1167 SqIn Charge Air Cooler 0/0 0

Includes: DEAERATION SYSTEM with Surge Tank: HOSE CLAMPS, RADIATOR HOSES Gates Shrink Band Type; Thermoplastic Coolant Hose Clamps: RADIATOR HOSES Premium, Rubber

FAN DRIVE {Horton Drivemaster} Two-Speed Type, Direct Drive, with Residual Torque Device for DisengagedFan Speed

0/0 0

Includes: FAN Nylon

AIR CLEANER Single Element 0/0 0

ANTI-FREEZE Red, Extended Life Coolant; To -40 Degrees F/ -40 Degrees C, Freeze Protection 0/0 0

BLOCK HEATER, ENGINE 120V/1000W, for Cummins ISB/B6.7/ISL/L9 Engines 3/0 3

Includes: BLOCK HEATER SOCKET Receptacle Type; Mounted below Drivers Door

ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body Builder Installation of PTOControls and Starter Lockout, with Ignition Switch Control, for Cummins B6.7 and L9 Engines

0/0 0

THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary, Variable Speed; Mounted onSteering Wheel

0/0 0

TRANSMISSION

TRANSMISSION, AUTOMATIC {Allison 3000 RDS} 5th Generation Controls, Close Ratio, 6-Speed withDouble Overdrive, with PTO Provision, Less Retarder, Includes Oil Level Sensor, with 80,000-lb GVW andGCW Max, On/Off Highway

222/61 283

ALLISON SPARE INPUT/OUTPUT for Rugged Duty Series (RDS) and Regional Haul Series (RHS), GeneralPurpose Trucks, Construction, Package Number 223

0/0 0

NEUTRAL AT STOP Allison Transmission Shifts to Neutral When Service Brake is Depressed and Vehicle isat Stop; Remains in Neutral Until Service Brake is Released

0/0 0

OIL COOLER, AUTO TRANSMISSION {Modine} Water to Oil Type 25/0 25

PTO LOCATION Customer Intends to Install PTO at Left Side of Transmission 0/0 0

Vehicle Specifications October 15, 20212023 HV607 SBA (HV607)

2 Proposal: 8321-01


SHIFT CONTROL PARAMETERS {Allison} 3000 or 4000 Series Transmissions, Performance Programming 0/0 0

TRANSMISSION OIL Synthetic; 29 thru 42 Pints 0/0 0

TRANSMISSION SHIFT CONTROL Column Mounted Stalk Shifter, Not for Use with Allison 1000 & 2000 SeriesTransmission

1/0 1

CLUTCH

CLUTCH Omit Item (Clutch & Control) 0/0 0

REAR AXLES, SUSPENSIONS

AXLE, REAR, TANDEM {Meritor MT-40-14X-4DFR} Single Reduction, 40,000-lb Capacity, .433"(11mm) WallHousing Thickness, R Wheel Ends . Gear Ratio: 5.29

0/2091 2091

SUSPENSION, REAR, AIR, TANDEM {Hendrickson HAS-402-55} 40,000-lb Capacity, 55" Axle Spacing, 9.5"Ride Height, with Shock Absorbers, Mounted Inboard

0/668 668

FRONT AXLES

AXLE, FRONT NON-DRIVING {Meritor MFS-18-133A} Wide Track, I-Beam Type, 18,000-lb Capacity 186/0 186

FRONT SUSPENSIONS

SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 18,000-lb Capacity, with ShockAbsorbers

44/0 44

CABS, COWLS, BODIES

CAB Conventional, Day Cab 0/0 0

ACCESS, CAB Steel, Driver & Passenger Sides, Two Steps per Door, for use with Day Cab and ExtendedCab

0/0 0

AIR CONDITIONER with Integral Heater and Defroster 56/0 56

ARM REST, RIGHT, DRIVER SEAT 3/0 3

CAB INTERIOR TRIM Classic, for Day Cab 0/0 0

Includes: CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets, Retainer Nets and CB Radio Pocket;Located Above Driver and Passenger: DOME LIGHT, CAB Door Activated and Push On-Off at Light Lens, Timed Theater Dimming, Integral toOverhead Console, Center Mounted: SUN VISOR (2) Padded Vinyl; 2 Moveable (Front-to-Side) Primary Visors, Driver Side with Toll Ticket Strap

CAB REAR SUSPENSION Air Bag Type 0/0 0

GAUGE CLUSTER Base Level; English with English Electronic Speedometer 0/0 0

Includes: GAUGE CLUSTER DISPLAY: Base Level (3" Monochromatic Display), Premium Level (5" LCD ColorDisplay); Odometer, Voltmeter, Diagnostic Messages, Gear Indicator, Trip Odometer, Total Engine Hours, TripHours, MPG, Distance to Empty/Refill for: GAUGE CLUSTER Speedometer, Tachometer, Engine Coolant Temp, Fuel Gauge, DEF Gauge, Oil PressureGauge, Primary and Secondary Air Pressure: WARNING SYSTEM Low Fuel, Low DEF, Low Oil Pressure, High Engine Coolant Temp, Low Battery Voltage(Visual and Audible), Low Air Pressure (Primary and Secondary)


3 Proposal: 8321-01


INSTRUMENT PANEL Flat Panel 0/0 0

IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge Cluster 0/0 0

MIRRORS (2) C-Loop, Heated, Black Heads and Arms, 7.5" x 14" Flat Glass, Includes 7.5" x 7" Convex Mirrors,for 102" Load Width

0/0 0

Notes: Mirror Dimensions are Rounded to the Nearest 0.5"

SEAT, DRIVER {National 2000} Air Suspension, High Back with Integral Headrest, Vinyl, Isolator, 1 ChamberLumbar, with 2 Position Front Cushion Adjust, -3 to +14 Degree Angle Back Adjust

-14/-4 -18

SEAT, PASSENGER {National} Non Suspension, High Back, Fixed Back, Integral Headrest, Vinyl 16/7 23

WINDOW, POWER (2) and Power Door Locks, Left and Right Doors, Includes Express Down Feature 5/0 5

FRAMES

FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.125" x 3.580" x 0.312" (257.2mm x 90.9mmx 8.0mm); 480.0" (12192) Maximum OAL

34/180 214

FRAME REINFORCEMENT Full Outer C-Channel, Heat Treated Alloy Steel (120,000 PSI Yield), 10.813" x3.892" x 0.312" (274.6mm x 98.8mm x 7.9mm), 480.0" (12192mm) OAL

400/517 917

BUMPER, FRONT Swept Back, Steel, Heavy Duty 0/0 0

WHEELBASE RANGE 169" (430cm) Through and Including 219" (555cm) 172/-172 0

BRAKES

BRAKE SYSTEM, AIR Dual System for Straight Truck Applications 0/0 0

Includes: BRAKE LINES Color and Size Coded Nylon: DRAIN VALVE Twist-Type: GAUGE, AIR PRESSURE (2) Air 1 and Air 2 Gauges; Located in Instrument Cluster: PARKING BRAKE CONTROL Yellow Knob, Located on Instrument Panel: PARKING BRAKE VALVE For Truck: QUICK RELEASE VALVE On Rear Axle for Spring Brake Release: 1 for 4x2, 2 for 6x4: SPRING BRAKE MODULATOR VALVE R-7 for 4x2, SR-7 with relay valve for 6x4/8x6

AIR BRAKE ABS {Bendix AntiLock Brake System} 4-Channel (4 Sensor/4 Modulator) Full Vehicle WheelControl System

0/0 0

BRAKES, FRONT {Meritor 16.5X6 Q-PLUS CAST} Air S-Cam Type, Cast Spider, Fabricated Shoe, DoubleAnchor Pin, Size 16.5" X 6", 20,000-lb Capacity

33/0 33

BRAKE CHAMBERS, FRONT AXLE {Bendix} 24 SqIn 4/0 4

SLACK ADJUSTERS, FRONT {Gunite} Automatic 14/0 14

DUST SHIELDS, FRONT BRAKE for Air Cam Brakes 10/0 10

BRAKES, REAR {Meritor 16.5X7 Q-PLUS CAST} Air S-Cam Type, Cast Spider, Fabricated Shoe, DoubleAnchor Pin, Size 16.5" X 7", 23,000-lb Capacity per Axle

0/104 104

BRAKE CHAMBERS, REAR AXLE {Bendix EverSure} 30/30 SqIn Spring Brake 0/14 14

SLACK ADJUSTERS, REAR {Gunite} Automatic 0/28 28

PARK BRAKE CHAMBERS,ADDITIONAL (2) Spring Brake Type 0/30 30

DUST SHIELDS, REAR BRAKE for Air Cam Brakes 0/20 20


4 Proposal: 8321-01


AIR COMPRESSOR {Cummins} 18.7 CFM 0/0 0

AIR DRYER {Bendix AD-9} with Heater 18/10 28

AIR DRYER LOCATION Mounted Inside Left Rail, Back of Cab 14/7 21

AIR TANK LOCATION (2) Mounted Under Battery Box, Outside Left Rail, Back of Cab, Perpendicular to Rail -16/23 7

DRAIN VALVE {Berg} with Pull Chain, for Air Tank 0/0 0

TRAILER CONNECTIONS Four-Wheel, with Hand Control Valve and Tractor Protection Valve, for StraightTruck

2/0 2

Notes: When electronic stability control is ordered with trailer connections on a 4x2 truck, please check the operatormanual for trailer weight restrictions.

STEERING

STEERING GEAR (2) {Sheppard M100/M80} Dual Power 102/-6 96

STEERING COLUMN Tilting 14/1 15

STEERING WHEEL 4-Spoke; 18" Dia., Black 0/0 0

DRIVELINES

DRIVELINE SYSTEM {Dana Spicer} 1710 Main Driveline with 1710 Interaxle Shaft, for 6x4 5/23 28

EXHAUST SYSTEMS

EXHAUST SYSTEM Horizontal Aftertreatment System, Frame Mounted Right Side Under Cab, for Single ShortHorizontal Tail Pipe, Frame Mounted Right Side Back of Cab

58/-3 55

AFTERTREATMENT COVER Steel, Black 11/2 13

ENGINE EXHAUST BRAKE for Cummins ISB/B6.7/ISL/L9 Engine with Variable Vane Turbo Charger 0/0 0

ELECTRICAL SYSTEMS

ELECTRICAL SYSTEM 12-Volt, Standard Equipment 0/0 0

Includes: DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab: HAZARD SWITCH Push On/Push Off, Located on Instrument Panel to Right of Steering Wheel: HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever: PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light: STARTER SWITCH Electric, Key Operated: STOP, TURN, TAIL & B/U LIGHTS Dual, Rear, Combination with Reflector: TURN SIGNAL SWITCH Self-Cancelling for Trucks, Manual Cancelling for Tractors, with Lane ChangeFeature: WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature (5 Pre-Set Delays), Integral withTurn Signal Lever: WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted: WIRING, CHASSIS Color Coded and Continuously Numbered

ALTERNATOR {Leece-Neville AVI160P2013} Brush Type, 12 Volt, 160 Amp Capacity, Pad Mount, withRemote Sense

0/0 0

ANTENNA for Increased Roof Clearance Applications 1/0 1

BATTERY BOX Steel, with Plastic Cover, 18" Wide, 2-4 Battery Capacity, Mounted Left Side Back of Cab -34/11 -23


5 Proposal: 8321-01


BATTERY SYSTEM {Fleetrite} Maintenance-Free, (2) 12-Volt 1900CCA Total, Top Threaded Stud 8/6 14

BODY BUILDER WIRING Back of Day Cab at Left Frame or Under Sleeper, Extended or Crew Cab at LeftFrame; Includes Sealed Connectors for Tail/Amber Turn/Marker/ Backup/Accessory Power/Ground andSealed Connector for Stop/Turn

2/0 2

CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III with Trip Indicators, Replaces All Fuses 0/0 0

CLEARANCE/MARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush Mounted on Cab or Sunshade 0/0 0

ELECTRIC TRAILER BRAKE/LIGHTS Accommodation Package to Rear of Frame; for Separate Trailer Stop,Tail, Turn, Marker Light Circuits; Includes Electric Trailer Brake accommodation package with Cab Connectionsfor Mounting Customer Installed Electric Brake Unit, Less Trailer Socket

0/2 2

HEADLIGHTS Halogen 0/0 0

HORN, AIR Single Trumpet, Black, with Lanyard Pull Cord 3/0 3

HORN, ELECTRIC Disc Style 0/0 0

INDICATOR, LOW COOLANT LEVEL with Audible Alarm 0/0 0

RADIO AM/FM/WB/Clock/Bluetooth/USB Input/Auxiliary Input 3/0 3

SPEAKERS (2) 6.5" Dual Cone Mounted in Both Doors, (2) 5.25" Dual Cone Mounted in Both B-Pillars 6/2 8

STARTING MOTOR {Delco Remy 38MT Type 300} 12 Volt, Less Thermal Over-Crank Protection 8/0 8

SWITCH, AUXILIARY Switch 40 amp Circuit for Customer Use; Includes Wiring Connection at PowerDistribution Center (PDC) and Control in Cab

2/0 2

SWITCH, TOGGLE, FOR WORK LIGHT Lighted; on Instrument Panel and Wiring Effects for CustomerFurnished Back of Cab Light

2/1 3

TEST EXTERIOR LIGHTS Pre-Trip Inspection will Cycle all Exterior Lamps Except Back-up Lights 0/0 0

TRAILER AUXILIARY FEED CIRCUIT for Electric Trailer Brake Accommodation/Air Trailer ABS; with 30 AmpFuse and Relay, Controlled by Ignition Switch

1/0 1

TURN SIGNALS, FRONT Includes LED Side Turn Lights Mounted on Fender 0/0 0

FRONT END

FRONT END Tilting, Fiberglass, with Three Piece Construction, for WorkStar/HV 0/0 0

GRILLE Stationary, Chrome 0/0 0

INSULATION, SPLASH PANELS for Sound Abatement 2/0 2

INSULATION, UNDER HOOD for Sound Abatement 10/0 10

LOGOS EXTERIOR Model Badges 0/0 0

LOGOS EXTERIOR, ENGINE Badges 0/0 0

SPEEDOMETER, TOOLS, MISC

PAINT SCHEMATIC, PT-1 Single Color, Design 100 0/0 0

Includes: PAINT SCHEMATIC ID LETTERS "WL"

PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 0/0 0

FUEL TANKS


6 Proposal: 8321-01


FUEL TANK Top Draw, Non-Polished Aluminum, 26" Dia, 80 US Gal (303L), Mounted Left Side, Under Cab 15/9 24

DEF TANK 9.5 US Gal (36L) Capacity, Frame Mounted Outside Left Rail, Under Cab 15/2 17

FUEL/WATER SEPARATOR {Racor 400 Series} with Primer Pump, Includes Water-in-Fuel Sensor, Mountedon Engine

0/0 0

WHEELS, TIRES - FRONT

WHEELS, FRONT {Accuride 29300} DISC; 22.5x9.00 Rims, Powder Coat Steel, 5-Hand Hole, 10-Stud,285.75mm BC, Hub-Piloted, Flanged Nut, with Steel Hubs

72/0 72

(2) TIRE, FRONT 315/80R22.5 Load Range L M843 (BRIDGESTONE), 480 rev/mile, 65 MPH, All-Position 70/0 70

WHEELS, TIRES - REAR

WHEELS, REAR {Maxion 90541} DUAL DISC; 22.5x8.25 Rims, Painted Steel, 2-Hand Hole, 10-Stud,285.75mm BC, Hub-Piloted, Flanged Nut, with Steel Hubs

0/-16 -16

(8) TIRE, REAR 11R22.5 Load Range G HDR2+ (CONTINENTAL), 491 rev/mile, 75 MPH, Drive 0/120 120

WHEELS MISC OPTIONS

PAINT IDENTITY, REAR WHEELS Disc Rear Wheels; with Vendor Applied White Powder Coat Paint 0/0 0

Cab schematic 100WL

Location 1: 9219, Winter White (Std)

Chassis schematic N/A

Services Section:

WARRANTY

WARRANTY Standard for HV507, HV50B, HV607 Models, Effective with Vehicles Built July 1, 2017 or Later,CTS-2025A

0/0 0

Total Component Weight: 8394/7290 15684

The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may bedifferent from the estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from any differences between theestimated weight of a vehicle and the actual weight.


7 Proposal: 8321-01

Quote WTTLLC00012163 Page 1 of 3 Date 10/8/2021

Warren Truck and Trailer, LLC Phone (888) 734-4400 15768 US HIGHWAY 271 NORTH Fax (903) 379-4400 Talco TX 75487 WarrenTruckAndTrailer.com

Bill To Ship To Contact

SOUTHWEST INTERNATIONL TRUCKS, INC. SOUTHWEST INTERNATIONL TRUCKS, INC. BROCK FLAMING

3722 IRVING BLVD 3722 IRVING BLVD (817) 461-2931 Ext. 0000

DALLAS TX 75247 DALLAS TX 75247

Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Master No.

SOU069 CHRIS DELIVERED Net30 0/0/0000 10,019,930 QTY Item Number Description UOM Unit Price Ext. Price

1 FLS-15-4248 DUMP BODY - FRAMELESS - 15' EA $20,060.00 $20,060.00 Q-12163 C/O MIDLOTHIAN Yardage: 13/15 Floor Material: 3/16 A1011 Front / Material: 48" 10 GA A1011 Side / Material: 42" 10 GA A1011 Vertical Side Brace: Yes Horizontal Brace: Yes Hoist / Cylinder: VTLW-63124 Hyd Tank: Doghouse Tank (600-80041) Hydraulics: 85 CC Gear Pump w DIN Shaft Tipping Valve: Chassis Mount

1 TAILGATE Each $0.00 $0.00 Air Operated: Yes Panel: 9 Material: 10 GA A1011 Height: 48 Slope: None Chains: 5/16" Double Acting: Yes High Lift Gate: No Side Swing - Ground Operated: No Center Opening: No Material Gate: None Water Tight: None

1 DB OPTIONS # 1 Each $0.00 $0.00 Cabshield: Full Width-1/2 (24") Asphalt Apron: 8" Push Type Bolt On: No Center Board Pockets: No

1 LIGHTS Each $0.00 $0.00 Lights/Harness: LED Lights and Standard Harness Oval STT: None Lights Specs: 24" AMBER LIGHT BAR MOUNTED ON CAB PROTECTOR - 6 AMBER MODULES - BUYERS 8893024 (2) 6" AMBER STROBES (1) ON EACH REAR CORNER POST SURFACE MOUNT - MAXIMA M63353Y



Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Master No. SOU069 CHRIS DELIVERED Net30 0/0/0000 10,019,930 QTY Item Number Description UOM Unit Price Ext. Price

1 INSTALL Each $0.00 $0.00 Hydraulic Hoses/Fittings: Yes Pump: 85 CC Gear Pump w DIN Shaft Console: CLutch Shift Air - Use PTO Switch is Provided Conspicuity Tape: No Mudflaps and Brackets: Yes Chrome Turnouts: No Splash/Gravel Guards: No Side Boards: Metal -2x6 Covers: No Wires in Conduit No Delivery Fuel/Charges: Yes

1 PAINT Each $0.00 $0.00 Color: Warren Black (800-80007)

1 PTO POWER TAKE OFF EA $0.00 $0.00 PTO Muncie MC1 Series (Auto) ALLISON AUTOMATIC Note: Not following OEM maintenance can result in non warrantable failure. Check for leaks and loose mounting hardware within first week of use. Recheck at regular maintenance periods (see OEM manual for intervals).

1 TARP SYSTEM TARP system - installed EA $0.00 $0.00 Installation: Installed Brand: Donovan Manual / Electric: Electric Type: Arm Aluminum / Steel: Aluminum Bent Arm: Yes Tarp Size: 90"x18' Tarp Type: Mesh Side Flaps: No

1 DELIVERY Each $0.00 $0.00 DELIVER COMPLETED UNIT TO SWIT - DALLAS TX DELIVERY AND FUEL CHARGES SHOWN BELOW. ($350.00/UNIT)



Subtotal $20,060.00 Quotation reviewed and accepted by: Misc $0.00 (signed)___________________________ Tax $0.00 Please fax back to us for entry as an order Ship & Handling $350.00 NOTE: Quotation good for 10 days only Trade In Allowance $0.00 Total $20,410.00


AGENDA CAPTION: Consider and act upon the purchase of two (2) ExaGrid data storage units to upgrade the City’s backup storage for both City Hall and the Police Department from SHI International Corp utilizing BuyBoard at a total cost of $72,636.89. ITEM SUMMARY/BACKGROUND: The purpose of this action is to replace our existing Barracuda backup units with ExaGrid storage units. These units are scalable and offer a number of enhanced features not currently available with our existing backup units including immutable and air gapped backup storage to guard against ransomware attacks. In addition, these units can be scaled as we grow, eliminating the need to replace units as our storage needs exceed the units we have in house. We can add additional units to the stacks, paying only for the additional capacity, without having to forfeit our previous hardware investment. ExaGrid provides US-based, dedicated support reps for service. SPECIAL CONSIDERATION: This purchase is a part of the City of Midlothian 2021-22 Budget. FINANCIAL IMPACT/FUNDING SOURCE: This purchase includes an EX10-SEC ExaGrid unit for the Police Department for $31,080.80 and an EX18-SEC ExaGrid unit for City Hall backups for $41,556.09 with a total of $72,636.89. These units are on the BuyBoard Cooperative Purchasing Agreement. Utilizing Line Items 105-627-217; 105-627-632; 105-627-713. ATTACHMENTS: 1. SHI Quote – EX10-SEC 2. SHI Quote – EX18-SEC 3. ExaGrid Executive Summary ALTERNATIVES: Approve, deny, table, or amend the purchase of two (2) ExaGrid backup units. RECOMMENDATION: Approve the purchase through SHI as presented. SUBMITTED BY and TO BE PRESENTED BY: Mike Weiss, IT Director for the Tuesday, October 26, 2021 City Council meeting

REVIEWED BY:

REVIEWED BY:

APPROVED BY:

ARCHITECTED FOR THE ENTERPRISE

ExaGrid Tiered Backup Storage

ATTACHMENT 3

Table of Contents About ExaGrid ................................................................................................................................................................................................... 2 ExaGrid Customers .......................................................................................................................................................................................... 3 ExaGrid’s Tiered Backup Storage Architecture ..................................................................................................................................... 4 First-Generation Target-Side Appliances with Data Deduplication ............................................................................................. 5 Data Deduplication in the Backup Software.......................................................................................................................................... 6 ExaGrid’s Next-Generation Approach ...................................................................................................................................................... 7 ExaGrid Cloud .................................................................................................................................................................................................... 8 ExaGrid Customer Support ........................................................................................................................................................................... 9 Price Guarantee and Investment Protection Program ..................................................................................................................... 10 Summary ........................................................................................................................................................................................................... 11

2 ExaGrid Enterprise Executive Summary

About ExaGrid ExaGrid is a leader in tiered backup storage with data deduplication, offering a unique product and approach:

▪ The only second-generation backup storage with data deduplication solution

▪ More product awards than other vendors in the space

▪ Over 11,000 installed systems with outstanding industry references

▪ Unmatched number of published customer stories in the industry

▪ Groundbreaking customer support model

▪ Price guarantee and investment protection program

▪ Lowest cost up front and over time

▪ Solid company with consistent year-over-year growth As recipient of the most product awards and industry rankings in the category, ExaGrid has been honored by:

▪ Computer Technology Review – Most Valuable Product (MVP)

▪ DCIG – #1 “Recommended” deduplicating backup appliance

▪ Gartner – Sole “Visionary” in the Magic Quadrant for Disk Backup with Deduplication Appliances

▪ Net Promoter – Net Promoter Score (NPS) of +73 on a scale of -100 to +100

▪ Network Computing – Company of the Year; Hardware Product of the Year

▪ Storage Magazine “The Storries” – Enterprise Backup Hardware Vendor of the Year/Storage Performance Optimization Company of the Year

▪ SDC Awards – Storage Company of the Year/Storage Hardware Innovation of the Year/Vendor Channel Program of the Year

ExaGrid has published over 300 customer success stories on its website (which include the named customer with company logo and customer quote accompanied by a two-page story), numbering more than all other vendors in the backup storage space, combined.


ExaGrid Customers

ExaGrid has over 11,000 systems installed worldwide at organizations/industries such as:

Aberdeen Standard Investments, Accenture, Bloomberg BNA, Brinks, Grow Financial, KPMG, Kronos, Hitachi Consulting

Business Services/Financial

Entertainment/Travel AAA, Comcast, LaQuinta Hotels, Norwegian Cruise Lines, Sony Pictures

Food/Beverage Bacardi, Coca Cola, Dot Foods, Heineken, Kayem, Mother Parker’s, UNFI, Utz

Gov’t – Federal EPA, Library of Congress, NASA, US Air Force, US Army, US Courts, US Navy, Veterans’ Administration

Gov’t – State/Local City and County of Honolulu, City of Miami Beach, Port of Seattle, Commonwealth of Massachusetts, San Diego Sheriff’s Department

Healthcare/ Pharmaceutical/ Med Tech

Bayer, Delta Dental, Enclara Pharmacia, FORMA Therapeutics, Hologic, Kaiser Permanente, LeMaitre Vascular

Insurance Arch Reinsurance, Global Aerospace, HCC Life Insurance Co., Lusitania Seguros, The Gray Insurance Co.

Manufacturing/Defense American Standard, Boeing, BOSE, General Dynamics, Lockheed Martin, New Balance, Northrop Grumman

Retail Big Y, Dagrofa, Jordan’s Furniture, Redbox, Saker Shop Rite’s Inc., Savers, Sealy, UNFI

Technology Apple, AspenTech, BearingPoint, Fuel Tech, Hitachi Consulting, Microchip Technology, SAP Concur

Universities New England School of Law, Royal College of Physicians and Surgeons, SUNY, UCLA, University of Texas, UNAM


ExaGrid’s Tiered Backup Storage Architecture As a next-generation company and architecture, ExaGrid realized that data deduplication is required in backup storage to reduce the storage footprint and resulting cost as well as reduce the data transferred to the offsite disaster recovery site in order to reduce WAN bandwidth and resulting cost. However, ExaGrid also realized that when you simply deploy data deduplication in a scale-up (front-end controller with disk shelves) storage array or a backup software application that three new compute problems arise. ExaGrid is the only tiered backup storage with a disk-cache Landing Zone for backup and restore performance tiered to a long-term retention repository for cost efficiencies as well as a scale-out storage architecture that scales as data grows. ExaGrid is the best of both worlds by offering both a performance and retention tier. ExaGrid’s disk-cache Landing Zone (Performance Tier), adaptive deduplication, and scale-out architecture with full appliances in a scale-out system solves all three compute challenges and provides:

▪ The fastest backups for the shortest backup window

▪ The fastest restores, offsite tape copies, and VM boots for the fastest time to recover

▪ The only backup window that does not grow as data grows In addition, ExaGrid’s scale-out architecture adds compute with capacity, providing a scalable compute system that allows ExaGrid to perform many other unique functions tightly integrated to backup applications such as Veritas NetBackup, Commvault, Dell EMC NetWorker, IBM Spectrum Protect (TSM), Oracle RMAN, SQL Dumps, Veeam, and about 20 others that are listed on the ExaGrid website. Examples include:

▪ Oracle RMAN Channels that allows for fast backup performance, performance load balancing, and failover to active appliances should any appliance fail.

▪ Veeam synthetic fulls that are six times faster than any other approach. ExaGrid has integrated the Veeam Data Mover into its appliances for Veeam-to-Veeam protocol communication. Since ExaGrid has Veeam backups in an undeduplicated form plus compute nodes along with the Veeam Data Mover, ExaGrid is able to reassemble fulls on its appliances without traversing the network.


First-Generation Target-Side Appliances with Data Deduplication First-generation deduplication appliances add data deduplication in a scale-up (front-end controller) with disk shelves storage array. They perform the deduplication inline, during the backup window, on the way to the disk storage. They do save storage and WAN bandwidth through data deduplication, but they impede backups and restores as follows: ▪ Data deduplication is extremely compute intensive. Performing deduplication between the backup application

and the storage target is slow as can be seen by the reported ingest rates of inline scale-up appliances. The largest and fastest system on the market can only achieve an ingest rate of 94TB/hr. for a 1.25PB full backup. As a result, they add flash storage to their controllers and require software to be loaded on backup application media servers and database servers in order to acquire more compute, and even then the ingest rate only rises to 94TB/hr., which cannot complete a 1PB full backup in the allotted backup window time.

▪ Since the data is deduplicated inline, all the data on disk is in a deduplicated form storing only unique data blocks. Each time data is requested for a restore, an offsite tape copy, or VM boot, the data has to be put back together, or “rehydrated.” It is not uncommon for a VM boot, as an example, to take one to two hours. This is two hours of lost production time for users.

▪ The inline, scale-up approaches have a single front-end controller, with fixed processor, memory, and disk storage. As the data grows, the amount of data to be deduplicated also grows and requires more resources to keep the backup window fixed in length. Since these approaches have a fixed resource front-end controller that is required to deduplicate an ever increasing amount of data, the backup window continuously grows in length until it is encroaching on end-user production hours. The result is that IT staff have to stop the backups, resulting in incomplete backups and, therefore, restores cannot occur. The only fix is to buy a larger front-end controller with more compute, memory, and networking (called a “forklift upgrade”), and start the cycle over again. This is both disruptive and expensive.


Data Deduplication in the Backup Software Many backup software applications add data deduplication into the client, media server, or both and write the deduplicated data to any standard disk. Since data deduplication is compute intensive, they don’t have the extra compute/memory resources to perform aggressive data deduplication, so they run much less aggressive deduplication algorithms. Target-side appliances will achieve around a 20:1 data reduction, versus straight disk without data deduplication at about 18 copies of retention. The backup software applications achieve 2:1, 3:1, 5:1, or 8:1 depending on the backup application, which means they will use on average 3 to 4 times the disk and require 3 to 4 times the WAN bandwidth over dedicated deduplication appliances. The backup applications perform deduplication inline during the backup window on the way to the disk storage and use very simple, non-aggressive deduplication, resulting in the following challenges:

▪ The cost in disk and WAN bandwidth is 3 to 4 times greater than dedicated deduplication appliances since they are performing deduplication on clients or media servers that have other tasks to perform and therefore compute has to be shared. Since there is not enough compute to share, they need to use much larger deduplication blocks sizes and turn off any techniques that help to find more identical block matches. This approach lowers the compute requirement but also greatly lowers the deduplication ratio.

▪ Data deduplication is extremely compute intensive. Performing deduplication between the backup application and the storage is slow, and when performed in a backup software media server that performs other tasks in parallel is much slower than a dedicated appliance. Turning on deduplication in the backup software is the slowest approach and results in the longest backup window.

▪ Since the data is deduplicated inline, all data on disk is in deduplicated form, storing only unique data blocks. Each time data is requested for a restore, an offsite tape copy, or VM boot, the data has to be rehydrated. It is not uncommon for restores, offsite tape copies, and VM boots to take much longer than a traditional dedicated inline appliance since the rehydration is competing for compute resources in the media server.

▪ Data deduplication in the backup software is sharing processor and memory with other tasks that the client or media server is performing. Also, as data grows, no new processing or bandwidth resources are added, just disk capacity. As data grows, the amount of data to be deduplicated also grows, and more resources are required to keep the backup window fixed in length; however, since this approach has fixed resources, the result is a backup window that continuously grows in length with no easy way to bring it back to its original length.

▪ Since backup software data deduplication is performed within each product, they can only deduplicate their own data. If an environment has multiple backup applications, such as Veeam for virtualized servers, a traditional backup application for physical servers, and a database dump such as SQL or Oracle RMAN, then deduplication in the backup application does not work across the environment. If there are multiple backup applications in an environment, only a dedicated target-side deduplication appliance can deduplicate data from a variety of backup applications.


ExaGrid’s Next-Generation Approach Simply adding data deduplication to a backup software application or a scale-up storage array slows down backups and restores, and forces continued forklift upgrades. It was for those reasons that ExaGrid took a different approach to data deduplication, thereby harnessing the benefits of reduced disk storage and WAN bandwidth (as well as associated costs), while also solving the three unavoidable compute problems inherent to the deduplication of data. ExaGrid uses “zone-level” data deduplication with byte-level comparisons within. This approach matches the highest deduplication ratios in the industry and can achieve deduplication ratios of anywhere from 10:1 to 50:1 (average of 20:1). ExaGrid transfers the least amount of data possible over the WAN to the disaster recovery site. This unique deduplication approach allows a scale-out storage architecture to be deployed (full appliances in a scale-out system) that adds compute with capacity. As data grows, the appropriate amount of processor, memory, and network resources are added along with storage capacity to ensure the fastest backups, restores, offsite tape copies, and VM boots as well as a backup window that does not grow as data continues to grow. With ExaGrid, undeduplicated backups are sent to a disk-cache Landing Zone (Performance Tier), avoiding the resource penalty of inline deduplication. ExaGrid’s ingest rate is 488TB/hr. for a 2.69PB full backup, which is three times faster than other solutions, resulting in the shortest backup window. As the data commits to the disk-cache Landing Zone, ExaGrid begins deduplication and offsite replication in parallel with incoming backups. The deduplication and replication occur in the ExaGrid appliances but only after the backups are committed to disk, ensuring fast backups as well as a strong offsite recovery point (RPO). This approach is known as “adaptive deduplication.” Since 95% of restores, 98% of VM boots, and 100% of offsite tape copies are performed from the most recent backup, ExaGrid maintains the most recent backup in the disk-cache Landing Zone in native, undeduplicated form so that these requests can be quickly completed without the need for time-consuming data rehydration. All other history/versions are stored in a deduplicated repository behind the Landing Zone. This provides the best of both worlds – the fastest restores, offsite tape copies, and VM boots as well as low cost deduplicated storage. VM boots can be completed from an ExaGrid in single-digit minutes compared to other approaches that can take hours or even a full day. Because ExaGrid adds full appliances (processor, memory, networking, and storage) as data grows, the resources grow with the data growth, resulting in a fixed-length backup window. If the backup window is six hours at 40TB, it is also six hours at 200TB, 400TB, 700TB, 1PB, etc. ExaGrid has a range of various-sized appliance models that can be mixed and matched in a single scale-out system, allowing organizations to buy what they need as they need it without having to undergo forklift upgrades. In addition, appliances of any age can be combined, eliminating product obsolescence.


ExaGrid Cloud ExaGrid understands that some organizations:

▪ do not have a second site for disaster recovery

▪ do not have the staff to operate disaster recovery

▪ prefer to pay by usage with OPEX budget To meet these diverse customer needs, ExaGrid covers all disaster recovery scenarios by providing complete flexibility:

▪ ExaGrid appliances can be put in an organization’s second-site data center or third-party colocation facility with the primary site ExaGrid appliance replicating to the offsite appliances for disaster recovery.

▪ ExaGrid resellers and third-party partners can purchase offsite ExaGrid appliances for disaster recovery, and because the customer doesn’t own the offsite ExaGrid appliances, they can pay by the month for usage with OPEX budget.

▪ Onsite ExaGrid appliances can replicate to an ExaGrid VM in the public cloud, such as Amazon Web Services (AWS). This allows customers to pay by the GB per month and use OPEX budget.

ExaGrid allows customers to replicate among 16 data centers in order to ensure that all data centers are cross-protected and that each has a secondary disaster recovery copy.


ExaGrid Customer Support ExaGrid understands that IT time is valuable and that IT staff are busy. In response, ExaGrid has created a unique and innovative support model whereby a senior, level 2 support tech is assigned to each customer. When customers call ExaGrid for support, they do not deal with gatekeepers or level 1 techs. Customers always work with the same senior level 2 tech who gets to know each individual customer and their environment, and can help resolve the problem. Customers don’t have to repeat the same information every time they call since customers deal consistently with the same tech. Each level 2 tech is an expert on a handful of backup applications versus a generalist across dozens of backup applications, which is typically the case. By assigning a level 2 “named” tech, ExaGrid can pair up a level 2 tech with specific expertise on the backup applications that the customer is running. ExaGrid’s techs are trained to avoid finger-pointing and help identify the problem, whether it is the backup application, the network, the ExaGrid system, or something else. ExaGrid customer support assists with the installation of ExaGrid systems using phone and WebEx. The customer racks the ExaGrid appliances and within hours, the installation is complete. ExaGrid customer support stays on the phone through the entire installation, saving the customer money and time as well as having the installation conveniently scheduled. ExaGrid ships all failed hardware components via next business day air, and all components can be swapped while the system is running in production. If a component fails, the system continues to run since ExaGrid has redundant power supplies and RAID 6 with a spare drive. Over 90% of ExaGrid’s customers report into the ExaGrid health reporting system, which allows ExaGrid to quickly identify issues and be proactive in support. It is not uncommon for a customer to see an alert for a drive failure and reach out to ExaGrid only to find out that the drive has already been sent. ExaGrid charges a fixed yearly percentage of the price paid for the appliance. There are no hidden or future costs. 98% of ExaGrid’s customers are on annual maintenance and support, which is the highest in the industry. The program includes:

▪ A level 2 assigned support tech – work with the same support person all the time

▪ Installation support via phone/email/WebEx

▪ Health support monitoring

▪ Next business day air replacement of all failed components – hot swappable

▪ Phone, email, and WebEx support

▪ Point releases and all full version releases


Price Guarantee and Investment Protection Program ExaGrid offers the only comprehensive price guarantee and investment protection program, which includes:

▪ The future price for each appliance will be the same as the price originally paid. The duration of price protection is five years, allowing customers to plan for future purchases. Most vendors sell at a low price to win the business and raise prices on subsequent purchases. ExaGrid is the only vendor that provides a written guarantee that the price paid up front will stay fixed for five years.

▪ Maintenance and support costs will not increase more than 3% per year. Since support involves live level 2 tech support staff, support costs do go up over time. However, ExaGrid shields customers from fluctuations by capping the increases at 3% per year. This allows customers to plan for future support costs.

▪ ExaGrid includes all of the following in its yearly maintenance and support; there are no hidden or future costs.

• No charge phone and WebEx remote installation support • 5 x 8 phone and email support • Point releases and full version releases • Replacement of all failed hardware components • Health reporting by ExaGrid support staff – 95% of ExaGrid customers take advantage of

health reporting • For those customers for whom 5 x 8 phone support is insufficient, ExaGrid has programs

that provide: o 7 x 24 support o Next day onsite failed hardware replacement o Same day onsite failed hardware replacement

▪ ExaGrid eliminates hidden costs by including all necessary functionality, such as offsite replication for disaster recovery.

▪ ExaGrid’s offsite appliances do not require an ExaGrid Landing Zone, so appliances of half the onsite capacity can be used for offsite disaster recovery, further reducing costs. All other solutions are symmetrical, requiring a system of the same size and cost both onsite and offsite.

▪ ExaGrid supports all of its appliance models, even if the company no longer markets particular models. This continued support, as well as the ability for older and newer model appliances to operate in the same scale-out system, eliminates product obsolescence and allows organizations to maximize their capital equipment investment.

▪ With ExaGrid, the scale-out system can grow with data growth, eliminating over-buying up front or – even worse – under-buying up front and being left with an undersized system down the road. With ExaGrid, full appliances are added into a scale-out system as data volumes increase.

▪ As data grows, ExaGrid eliminates expensive front-end controller forklift upgrades by simply adding appliances to the scale-out system that combine processor, memory, network ports, and capacity in each appliance. The inline scale-up solutions run out of processor, memory, and network port resources as capacity is added, forcing expensive and disruptive buys of increasingly larger front-end controllers. ExaGrid eliminates these future tolls.


Summary It is common for organizations to prefer to work with their current vendors. However, in the disk-based backup with data deduplication storage market, the current vendors all have first generation solutions that provide slow backups, restores, tape copies, and VM boots; require costly and disruptive forklift upgrades; suffer from built-in product obsolescence; and provide customer support that is frustrating at best.

ExaGrid listens to customers and has created a best-of-breed tiered backup storage product, customer support, and economic program, enabling customers to maximize their IT investments.

United States 350 Campus Drive / Marlborough, MA 01752 / (800) 868-6985 United Kingdom 200 Brook Drive / Green Park, Reading, Berkshire RG2 6UB / +44 (0) 1189 497 051 Singapore 1 Raffles Place, #20-61 / One Raffles Place Tower 2 / 048616 / +65 6808 5574

ExaGrid reserves the right to change specifications or other product information without notice . ExaGrid and the ExaGrid logo are trademarks of ExaGrid Systems, Inc . All other trademarks are the property of their respective holders .

©2021 ExaGrid Systems, Inc . All rights reserved .

AGENDA ITEM 2021-491 AGENDA CAPTION: Consider and act upon appointments to the Zoning Board of Adjustment to fill vacancies created by recent resignations and changing the status of the two non-voting members to voting members. ITEM SUMMARY/BACKGROUND: Article XIII of the City Charter grants to Council “the authority to establish boards, commissions, and committees as it may deem necessary for the conduct of City business and management of municipal affairs”. There are currently thirteen boards and commissions operating under the authority of Council. On August 12, 2008, Council voted unanimously to appoint a three-member Nomination Subcommittee for the purpose of interviewing candidates and making recommendations for appointment. The terms of office for all boards and commissions expire in December and new terms begin in January. Following the review of interested applicants, the Nomination Subcommittee is recommending two applicants for appointment to fill vacancies created by recent resignations. SPECIAL CONSIDERATION: N/A FINANCIAL IMPACT/FUNDING SOURCE: N/A ATTACHMENTS: N/A ALTERNATIVES: Approve, deny, amend or table RECOMMENDATION: Approve appointments as recommended SUBMITTED BY: Tammy Varner, City Secretary for the Tuesday, October 26, 2021 City Council meeting.

TO BE PRESENTED BY:

REVIEWED BY: APPROVED BY:


AGENDA CAPTION: Consider and act upon a recommendation from Midlothian Economic Development to approve the Second Amendment to the Purchase and Sale Agreement with Provident Realty Advisors, Inc. and any other necessary closing documents. ITEM SUMMARY/BACKGROUND: Provident Realty Advisors, Inc. (“Developer”), entered into a Purchase and Sale Agreement on March 24, 2021, (the “Agreement”). At that time, the City Council approved the program and expenditure, as required by Section 501.073 of the Texas local Government Code. In connection with the Developer’s obligation to construct 300,000 square feet of space on Lot 2 Block B, Developer will secure financing for the construction. Developer’s lender is requiring that the Midlothian Economic Development (“MED”) subordinate its repurchased option that was contemplated in the Agreement. The MED Board of Directors met on October 18, 2021 to consider Resolution 2021-29 and the Second Amendment to Purchase and Sale Agreement to authorize, subject to City Council’s approval, the requested subordination. The MED Board of Director’s approved the resolution 5-0. If approved by the City Council, the Developer will move forward immediately with closing as they have received a building permit and met all other obligations to close on the Agreement. SPECIAL CONSIDERATION: MED is a non-profit industrial development corporation duly established under the Development Corporation Act of 1979, as defined in Tex. Loc. Govt. Code Section 501.001 (the “Act”). City Council authorization is being requested in accordance with Sec. 501.073 to approve the program associated with this land sale. FINANCIAL IMPACT/FUNDING SOURCE: The proposed action does not have any immediate financial implications. Any future financial decisions about this program would come before the City Council. ATTACHMENTS: MED Resolution No. 2021-29; Second Amendment to Purchase and Sale Agreement – Provident Realty Advisors, Inc. ALTERNATIVES: Approve, deny, amend or table. RECOMMENDATION: The MED Board of Directors met on October 18, 2021 to consider, discuss, and act on this item and to provide a formal recommendation to the City Council to approve the Second Amendment to the Purchase and Sale Agreement. The motion passed 5-0. SUBMITTED BY and TO BE PRESENTED BY: Kyle Kinateder, President/CEO of Midlothian Economic Development for the Tuesday, October 26, 2021 City Council Meeting

REVIEWED BY:

APPROVED BY:

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SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT – PROVIDENT REALTY ADVISORS, INC.

This Second Amendment to Purchase and Sale Agreement (the “Second Amendment”) is made and entered into by Provident Realty Advisors, Inc. a Texas corporation (“Developer”), and Midlothian Economic Development (the “MED”), a Texas non-profit industrial development corporation, in light of the following Recitals which are incorporated into and made a part of this Amendment for all purposes:

R E C I T A L S:

WHEREAS, the Developer and the MED (collectively the “Parties”) entered into the Purchase and Sale Agreement (the “Agreement”) on the 24th day of March, 2021 wherein Developer would acquire from the MED certain real property located within the Midlothian Business Park (the “Property”); and

WHEREAS, the Parties entered into the First Amendment to the Purchase and Sale Agreement on September 21, 2021 as it complied with the initial program and expenditure authorized by the Midlothian City Council (the “First Amendment”); and

WHEREAS, the Agreement includes a form Option Agreement in Exhibit C to allow MED the option to repurchase the Property (“Option Agreement”); and

WHEREAS, prior to closing, Developer requested that the Option Agreement be amended to allow for MED’s repurchase option to be subordinated to the Developer’s construction financing for the required buildings on Lot 2 Block B that is contemplated in the Agreement.

NOW THEREFORE, for and in consideration of these premises and of the mutual promises, obligations, covenants and benefits herein contained, the Parties contract and agree as follows:

1. Amendment to Exhibit C “Form of Option Agreement”. The Parties agree to amend Exhibit C of the Agreement by removing the existing Option Agreement form and replacing it with the form attached herein as Attachment 1, with subordination clause added.

2. Defined Terms: Capitalized terms not defined herein shall have the same meaning as in the Agreement.

3. Title Survey and Review Period: Notwithstanding any other term in the Agreement, the Parties acknowledge and agree that the Title Survey and Review Period has expired.

4. Effective Date of Applicability of Amendment: After the MED and Developer execute this Amendment, this Amendment shall be deemed immediately effective as to the entire

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Agreement. Unless further amended, this Amendment shall expire concurrently with the Agreement.

5. Severability: If any provision of this Amendment is illegal, invalid, or unenforceable in whole or in part for any reason, under present or future laws, then and in that event, it is the intention of the parties hereto that the remaining provisions of this Amendment shall remain in full force and effect and shall not be affected.

6. Binding Obligation: This Amendment shall bind and inure to the benefit of the Parties, their successors, and their permitted assignees.

7. Authority: Developer represents and warrants that: (1) it has sufficient legal authority to conduct business in the State of Texas; (2) it has full capacity and authority to grant all rights and assume all obligations that it has granted and assumed under this Amendment; and (3) that the person or persons executing this Amendment on its behalf has been duly authorized to do so. MED represents and warrants that: (1) it has sufficient legal authority to conduct business in the State of Texas; (2) it has full capacity and authority to grant all rights and assume all obligations that it has granted and assumed under this Second Amendment; and (3)

8. Agreement in Effect: Except to the extent amended by this Amendment, the Parties acknowledge and agree the Agreement remains in full force and effect without further amendment. The Agreement and this Amendment constitute the entire agreement, and the only documents, between the Parties relating to purchase and sale of the Property. Any oral representations or modifications shall be of no force and effect, except a subsequent modification in writing, signed by the Parties and supported by consideration.

IN WITNESS WHEREOF, the undersigned parties have executed this Amendment as

of the date last set forth below: Developer Provident Realty Advisors Inc., a Texas corporation By:

Julian Hawes, Jr., Vice President Date: _________________________

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STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ______________, 2021, by Julian Hawes, Jr., Vice President of Provident Realty Advisors Inc., a Texas corporation, by and on behalf of the corporation. __________________________________ Notary Public in and for the State of Texas

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MED Midlothian Economic Development, a Texas non-profit industrial development corporation By: _____________________________________

Kyle Kinateder, President

Date: _________________________________ STATE OF TEXAS § § COUNTY OF ELLIS § This instrument was acknowledged before me on the _____ day of ______________, 2021, by Kyle Kinateder, President of Midlothian Economic Development, on behalf of the corporation

_________________________________ Notary Public in and for the State of Texas

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Attachment 1 Form of Option Agreement

(see next page)

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THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF ELLIS §

OPTION AGREEMENT

This Option Agreement (“Option”) is made on this , 2021, (“Effective Date”) by and between MIDLOTHIAN ECONOMIC DEVELOPMENT (“Grantor”), a Texas non-profit industrial development corporation”) and MIP PROJECT LLC, a Texas limited liability company and MIP LAND LLC, a Texas limited liability company (collectively, “Grantee”) regarding the conveyance of all of the property described on Exhibit A, attached hereto and incorporated herein, (the “Property”).

GRANT OF OPTION. Grantee hereby grants to Grantor the exclusive right and option to repurchase the Property, exercisable in good faith, in the manner and on the terms and conditions set forth herein. The conveyance of the Property is made by Grantor to Grantee subject to the requirement and restriction that Grantee, or its permissible successors and assigns, obtain a “shell final letter” from the City of Midlothian for 300,000 square feet, or more, of industrial, indoor space as either one or two buildings on the portion of the Property known as Lot 2, Block B to be used for industrial purposes (the “Project”) on or before June 28, 2023 (“Option Deadline”), subject to Force Majeure (as defined in the Purchase and Sale Agreement, as amended and as assigned, dated March 24, 2021 wherein Grantor is the seller, called “MED”, and Grantee is the purchaser, called “Developer”). As used herein a “shell final letter” is a letter prepared by Midlothian Chief Building Official acknowledging that all work for the Project, as identified in the building permit, has been completed.

OPTION TERM. This Option shall commence on the Effective Date and shall automatically expire on the thirtieth (30th) business day after the Option Deadline (as hereinafter defined) (the “Option Term”), unless sooner terminated as provided below in this Option.

EXERCISE OF OPTION and OPTION PRICE. In the event Grantee, or its successors and assigns, violates the foregoing restriction, Grantee agrees that Grantor and Grantor’s successors and assigns shall have the option (“Option”), to be exercised in good faith, to purchase the Property conveyed hereunder for a purchase price equal to the lesser of (i) the amount paid by Grantee to Grantor for the Property pursuant to the Purchase and Sale Agreement, however any portion of the purchase price secured by a deed of trust or lien shall be paid directly to the lienholders, plus Grantee’s verified out-of-pocket expenses incurred for the improvements on the Property prior to June 28, 2023, or (ii) the fair market value of the Property, including any improvements (the “Fair Market Price”). “Out-of-pocket expenses” shall mean all building and land design fees, costs of buildings, land improvements, fixtures, equipment, permits, non-recurring utility charges and fees, consultants’ and professionals’ fees, and equipment incurred in connection with the improvement of the Property. The Fair Market Price will be based on the

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use and condition of the Property as of the time of the determination or appraisal process, as applicable. The Fair Market Price shall be determined as follows:

By Mutual Agreement. Within ten (10) days after the expiration of the Option Term, Grantor and Grantee will attempt, but will have no obligation, to reach a mutual written agreement of the Fair Market Price.

By Appraisal. If Grantor and Grantee are unable to reach a written agreement within the ten (10) day time period under Section 3.(a) above, the Fair Market Price will be determined by appraisal. If the parties are able to agree upon a single appraiser within fifteen (15) days after the expiration of the Option Term, that appraiser will make the Fair Market Price determination within forty-five (45) days thereafter. If the parties are unable to agree upon a single appraiser, the parties will each have ten (10) days after the expiration of the initial fifteen (15) day period in which to designate an appraiser. Within ten (10) days after both such appraisers have been designated, they will meet and appoint a third appraiser. The third appraiser selected by the other two appraisers will then make an independent written determination of the Fair Market Price within forty-five (45) days thereafter. If either party fails to appoint a second appraiser as provided above then the appraiser appointed by the other party will constitute the single appraiser and will determine the Fair Market Price within forty-five (45) days after the ten (10) day appointment period above expires. If the two appraisers appointed by the parties are unable to agree upon the appointment of the third appraiser and the parties fail to agree upon the appointment of such a third appraiser within the ten (10) day period above, then either party, upon written notice to the other party, may apply for such appointment to any court in the county in which the Property is located having jurisdiction over the matter. Each appraiser appointed hereunder must be a disinterested person of recognized competence who has been a member in good standing of the American Institute of Real Estate Appraisers for at least ten (10) years and is otherwise qualified in the general geographical areas where the Property is located. The costs of the Fair Market Price determination, including the appraisal fees and other costs, will be borne by the party incurring such costs, except that the fees of the single or the third appraiser, as the case may be, will be borne equally by the parties. If an appraiser fails, refuses or is unable to act in the manner provided herein, a new appraiser will be appointed in his or her stead. Such an appointment will be made in the same manner as provided above for the appointment of the appraiser so failing, refusing or unable to act.

In the event Grantor elects to exercise the Option, Grantor shall have a period of ninety (90) days after providing Grantee notice of intent to exercise the Option, with such notice to be provided to Grantee within 30 business days from the date of the violation of the foregoing restriction (as described above) (time being of the essence), in which to perform any and all investigations or studies Grantor deems necessary or desirable to determine whether Grantor desires to purchase the Property (“Inspection Period”). In the event Grantor elects to consummate purchase of the Property, the closing of the purchase and sale shall occur within ninety (90) days after the expiration of the Inspection Period at such location as selected by Grantor. Grantee shall convey the Property to Grantor pursuant to the Option free and clear of any and all hazardous waste and hazardous materials contamination, if any, which arose during Grantee’s ownership of the Property and which shall be remediated and abated by Grantee prior to the closing of the

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purchase and sale pursuant to the Option, and the closing date may be delayed by Grantor for a period of time Grantor may determine is reasonable for Grantee to complete such remediation and abatement. The Option shall be in addition to any and all remedies available at law or in equity to Grantor and Grantor’s successors and assigns to enforce compliance with the terms and provisions of the restriction contained herein and shall run with the Property.

SUBORDINATION. Grantor and Grantee expressly acknowledge and agree that this Option (with respect to the Lot 2 Block B property described on Exhibit A attached hereto) is subject and subordinate in all respects to the lien of that certain Deed of Trust dated on or about the date hereof, executed by MIP Project LLC to the trustee named therein for the benefit of CrossFirst Bank, which Deed of Trust encumbers the Lot 2 Block B property described on Exhibit A attached hereto, and is being recorded in the real property records contemporaneously herewith. CrossFirst Bank is an intended third-party beneficiary of this paragraph, which may not be amended without the written consent of CrossFirst Bank (provided that the consent of CrossFirst Bank shall not be required for the termination of this Option).

ENTIRE AGREEMENT. This Option constitutes the entire agreement between the parties relating to the option herein granted. Any oral representations or modifications concerning this Option shall be of no force and effect, except a subsequent modification in writing, signed by the party to be charged and supported by consideration.

ATTORNEY’S FEES. In the event of any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Option or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees in such litigation, which shall be determined by the court in such litigation or in a separate action brought for that purpose.

BINDING EFFECT. This Option shall bind and inure to the benefit of all the respective successive owners and permitted assigns of the parties hereto, except as hereinabove expressly provided.

FURTHER ACTS. Each party hereto agrees, at the request of the other party hereto, to execute and deliver such further documents as may be reasonably necessary in the mutual opinion of Grantee’s counsel and Grantor’s counsel in order to carry out the provisions and effectuate the intent of this Option.

CONSTRUCTION. This Option is the result of negotiations between the parties, neither of whom has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions hereof shall be construed in accordance with their usual and customary meanings. Grantee and Grantor hereby waive the application of any rule of law which otherwise would be applicable in connection with the construction of this Option that ambiguous or conflicting terms or provisions should be construed against the party who (or whose attorney) prepared the executed Option or any earlier draft of the same.

SEVERABILITY. If any provision hereof is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provisions shall be duly severable; this Option shall be construed and enforced as if such illegal, invalid, or unenforceable provision

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had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the severance of the illegal, invalid, or unenforceable provision or provisions.

GOVERNING LAW AND VENUE. This Option shall be governed by and construed in accordance with the laws of the State of Texas. The terms of this Option shall be specifically performable in the county where the Property is located.

PARAGRAPH HEADINGS. All paragraph headings set forth in this Option are for purposes of identification and are intended for convenience only, and shall not control or affect the meaning, construction or effect of this Option or any provision hereof.

COUNTERPART EXECUTION. This Option may be executed in multiple counterparts, each of which shall be fully effective as an original, for which together shall constitute only one (1) instrument. A telecopied facsimile of a duly executed counterpart of this Option shall be sufficient to evidence the binding agreement of each party to the terms herein.

TIME OF THE ESSENCE. TIME IS OF THE ESSENCE IN PERFORMANCE OF THE OBLIGATIONS SET FORTH HEREIN, including, without limitation, all dates, deadlines, and periods of time referred to in this Option. All references in this Option to specific times will mean and refer to local time in Midlothian, Texas. EXECUTED AND DELIVERED to be effective as of the Effective Date.

GRANTOR: Midlothian Economic Development, a Texas non-profit industrial development corporation By:_____________________________________

Kyle Kinateder, President STATE OF TEXAS § § COUNTY OF ELLIS § This instrument was acknowledged before me on the _____ day of ______________, 2021, by Kyle Kinateder, President of Midlothian Economic Development, a Texas non-profit industrial development corporation, on behalf of the corporation. __________________________________ Notary Public in and for the State of Texas

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GRANTEE: MIP PROJECT LLC,

a Texas limited liability company BY: Midlothian Industrial Park GP LLC, a Texas limited liability company, its Manager By:_______________________ Julian Hawes, Jr., Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ______________, 2021, by Julian Hawes, Jr., Vice President of Midlothian Industrial Park GP LLC, a Texas limited liability company, manager of MIP PROJECT LLC, a Texas limited liability company, by and on behalf of the company. __________________________________ Notary Public in and for the State of Texas

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GRANTEE: MIP LAND LLC,

a Texas limited liability company BY: Midlothian Industrial Park GP LLC, a Texas limited liability company, its Manager By:_______________________ Julian Hawes, Jr., Vice President STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ______________, 2021, by Julian Hawes, Jr., Vice President of Midlothian Industrial Park GP LLC, a Texas limited liability company, manager of MIP LAND LLC, a Texas limited liability company, by and on behalf of the company. __________________________________ Notary Public in and for the State of Texas

After Recording Return To: ________________________ ________________________ ________________________

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Exhibit A

Lot 2 Block B

BEING, all of Lot 2, Block B Midlothian Business Park, an addition to the City of Midlothian, Ellis County, Texas according to Replatplat recorded in Cabinet K, SlidesSlide 328-330, of the Plat Records of Ellis County, Texas.

Lot 1 Block A

BEING, all of Lot 1, Block A Midlothian Business Park, an addition to the City of Midlothian, Texas according to Replatplat recorded in Cabinet K, SlidesSlide 165-168, of the Plat Records of Ellis County, Texas.

Lot 3b Block A

BEING, all of Lot 3b, Block A Midlothian Business Park, an addition to the City of Midlothian, Texas according to Replatplat recorded in Cabinet K, SlidesSlide 294-296, of the Plat Records of Ellis County, Texas.

AGENDA ITEM 2021-493 AGENDA CAPTION: Consider and act upon an agreement with Vidaurri Management Group (VMG) to provide Project Management Support Services for Phase I which includes the design, pre-bid, and Guaranteed Maximum Price of the City Hall/Library and Public Safety Building projects for a total not to exceed cost of $697,424.00. ITEM SUMMARY/BACKGROUND: The proposal divides their services into two phases. In the first phase, VMG will provide Construction Manager at Risk solicitation, evaluation, selection and on boarding as well as design management services and construction bidding to obtain the Guaranteed Maximum Price at a cost of $697,424.00. VMG will act as an owner’s representative in order to aid the city in project orientation and mobilization, schedule management, design representation, and geotechnical testing RFQ solicitation. Selection of the construction materials testing and inspection will also be provided by VMG. At this time, we are not recommending funding the construction support services included in phase II of the proposal but will keep as an option for the future. SPECIAL CONSIDERATION: VMG previously aided the city in the architect selection process. This process was not only smooth, but was financially beneficial to the city. In the design process, they will be able to identify alternative construction methods or materials which might produce the equivalent architectural or functional effect at a reduced cost. FINANCIAL IMPACT/FUNDING SOURCE: 2021 voter approved bonds available in Fund 123 and Fund 124 bond projects. ATTACHMENTS: VMG Proposal ALTERNATIVES: Approve, Deny or Table RECOMMENDATION: Approve as presented.

SUBMITTED BY and TO BE PRESENTED BY: Clyde Melick, Assistant City Manager for the Tuesday, October 26, 2021 City Council meeting.

REVIEWED BY:

APPROVED BY:

notice of a regular meeting - Midlothian, TX

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