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Home My WebLink AboutCC 2002-10-28 Agendas ~--_....^'~"._~--~-~.,~~"--------~.~------._.~--^ CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA OCTOBER 28, 2002 - 5:30 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. I NUMBER I ITEM I ACTION I TAKEN 1. Discuss Items from Regular October 28, 2002 City Council Meeting (5 Minutes) 2. IR 2002-142 Discuss Work Session Dates to Begin Review of Bond Committee Proposals for Capital Improvements (5 Minutes) 3. IR 2002-143 Discuss December 23, 2002 City Council Meeting (5 Minutes) 4. IR 2002-144 Update on Compensation and Classification Study (15 Minutes) 5. IR 2002-146 Discussion of Request from Shady Oaks Homeowners Association to Limit Public Access - Ivy Lane (10 Minutes) 6. IR 2002-145 Rufe Snow Drive; Decorative Street Lights (10 Minutes) 7. *Executive Session - The Council may enter into closed Executive Session to discuss the following: 1. Consultation with City Attorney as Authorized by Government Code§551.071 (a) Venne v. City of North Richland Hills (b) Davis v. City of North Richland Hills 8. Adjournment /O~ ~.JW *Closed due to subject matter as provided by the Open Meetings Law. If any~ctlon IS contemplated, it will be taken in open session. Date L/'OD +)!rL ¡me 10/28/02 City Council Agenda Page 1 of 4 lJ;;;~ ~(iL_. .. ...~~..lJV' -~._- CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA OCTOBER 28, 2002 - 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - North Richland Middle School - Ray Thompson, Principal 3. Pledge - North Richland Middle School - Ray Thompson, Principal 4. Special Presentations Yard of the Month 5. Removal of Item(s) from the Consent Agenda 1 0/28/02 City Council Agenda Page 2 of 4 NUMBER ITEM ACTION TAKEN 6. Consent Agenda a. Minutes of the Pre-Council Meeting October 14, 2002 b. Minutes of the City Council Meeting October 14, 2002 GN 2002-121 c. Certification of Unopposed Candidate, Cancelling Election and Declaring Unopposed Candidate Elected to Office - Ordinance No. 2667 GN 2002-122 d. Approval of Amendment to Professional Services Contract - Resolution No. 2002-089 PU 2002-040 e. Award Contract for Telecommunication Services to Time Warner Telecom and Approve Resolution No. 2002-085 PW 2002-014 f. Approve CIP Budget Revision for Squire Court Drainage Improvements PAY 2002-009 g. Authorize Payment to Motorola for Annual Mobile Data Terminal Service Agreement - Resolution No. 2002-084 PAY 2002-010 h. Authorize Payment to .Motorola for Radio Maintenance Agreement - Resolution No. 2002-083 7. GN 2002-123 Bond Committee Report and Recommendations Regarding Capital Improvements Projects - Charles Brinkley 8. GN 2002-124 Consider Approval of Joint Contract with City of Richland Hills for Consulting Services with Leland Consulting Group for South Grapevine Highway Study - Resolution No. 2002-088 9. PZ 2002-20 Consider an Ordinance Amending and Revising the Planned Development Regulations of the City of North Richland Hills (Tabled at the August 26 City Council Meeting) - Ordinance No. 2647 1 0/28/02 City Council Agenda Page 3 of 4 ~----~~._--.-~.._----.~~-<.~-.-.-.-...----.-'.~~~----.--. NUMBER ITEM ACTION TAKEN 10. GN 2002-125 Renaming of the Beautification Commission - Ordinance No. 2665 11. GN2002-126 Consider Adoption of the 2002 Goals - Resolution No. 2002-087 12. GN 2002-127 Appointment to Place 5 on the Teen Court Advisory Committee 13. PW 2002-015 Approve Engineering Agreement with Knowlton-English-Flowers, Inc. for Construction Administration on Rufe Snow Drive (IH 820 to Mid Cities Blvd.) - Resolution No. 2002-086 14. PU 2002-041 Award Contract for Wrecker Service - Resolution No. 2002-080 15. Action on Any Item Discussed in Executive Session listed on Pre-Council Agenda 16. a) Citizens Presentation b) Information and Reports 17. Adjournment POSTED /o7ca~Jœ Datø 4'07) ----~ PI7? Time .,...."<,,,,~.....,. -..,~ _.~,~~,,~~,'=;. BG?#Z-- 10/28/02 City Council Agenda Page 4 of 4 i \..- INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-142 + Date: October 28, 2002 Subject: Discuss Work Session Dates to Begin Review of Bond Committee Proposals for Capital Improvements On the regular agenda for October 28, 2002, Mr. Charles Brinkley, Chairman of the Citizens Capital Improvements Study Committee, will be presenting the findings and recommendations of the committee for Council consideration. While the item on the regular agenda is not for Council action or to discuss in great detail the projects, we are expecting that Council would like to have a work session in the very near future to discuss and closely review the recommended projects. As far as calling the election, the earliest date would be November 4th and the absolute last date would be December 18, 2002. With that in mind, staff would like to conduct a work session with City Council on these projects as soon as possible, so that we can meet the necessary deadlines for calling an election. Some possible suggestions are November 11, from 4 - 6 PM, November 14, starting at 5:00 PM. Please bring your calendar with you so that we may do our best to coordinate the times and meeting dates. Hopefully we can do this fairly quickly before holiday issues make the scheduling even more challenging. .. . '-- Respectfully submitted, \ ~ Steve Norwood Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2002-143 ~ Date: ~ Subject: October 28, 2002 Discuss December 23, 2002 City Council Meeting The second Council meeting in December this year is on December 23. At this time it is uncertain whether we will need to hold the second meeting in December. Staff does not anticipate that there will be any Planning & Zoning items scheduled for the second meeting. There are however a couple of items that Staff may not be able to complete by the December 9th meeting. Staff suggests that Council cancel consider canceling the December 23 meeting and consider a special meeting on Monday, December 16. If Staff determines later that a second meeting will not be needed, Council will be notified and the second meeting can be cancelled. Respectfully Submitted, gaát¿"¿ ~ Patricia Hutson City Secretary "- '- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. .IR 2002-144 \ ~ Date: T Subject: October 24, 2002 Update on Compensation and Classification Study The compensation and classification study got off to a great start in July of this year with the employee kick-off meetings. Since that time a lot of work has been performed by City employees and the Waters Consulting Group to move us closer to the completion of the project. The momentum of the project has not let up since the kick-off meetings with the employees being asked to complete a Job Description Questionnaire (JDQ). It was apparent that considerable time and effort was taken by employees and supervisors to complete the JDQ's. Below is a summary of the project activities, past, present, and future: - JDQ's were sent to Waters Consulting on September 4 and we received the first draft of the job descriptions on October 4. Department Heads have reviewed the first draft of the job descriptions and Waters Consulting is currently working on the second draft. - Market surveys were sent out October 1 and Waters Consulting is in the process of finalizing the results based on the data received. - Job evaluation process began on October 21. '\...- - Individual meetings with Department Heads to review job descriptions and evaluations will begin the week of November 4. It is anticipated that the project will be completed during the first part of December. Having reached the mid-point of the project, staff wanted to update Council with a review of what work has occurred since the project began and what work is forthcoming. Ruth Ann Edwards, with Waters Consulting Group, will provide an overview of the project and answer any questions that Council may have in regards to the compensation and classification study. Patrick Hillis Human Resources Director ["ISSUED BY THE HUMAN RESOURCES DIRECTOR NORTH RICHLAND HILLS, TEXAS '¡tY -"- INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2002-146 ~ Date: . · Subject October 28, 2002 Ivy Lane - Discussion of Request from Shady Oaks Homeowners Association to Limit Public Access The Shady Oaks Addition Homeowners Association (HOA) contacted City staff in April 2002 and requested that Ivy Lane be closed and that they be allowed to install a controlled access iron gate. The· directors of the HOA also attended· å Development Review Committee meeting on April 24, 2002 to discuss their request and answer any questions. Each department considered the request and stated the concerns they would have with the request. The HOA agreed to all requirements from the departments. Police and Fire wanted to ensure that the gate could be opened with theOpticom System (same as other gates). The HOA agreed. Public Works requested a petition be signed by the residents of the subdivision indicating that at least 80% were in favor of the request. The HOA agreed. In addition, the HOA has agreed to maintain the existing road surface on Ivy Lane and pay all cost associated with the controlled access gate (including operation and maintenance cost). The City Attorney has suggested that if Council elects to grant the request that Ivy Lane be '--- officially closed and a Street Use Agreement be provided to the HOA. The consideration paid to the City for this agreement would be the HOA assuming all street maintenance cost for Ivy Lane. The City Attorney did raise one concern. If it is approved at this location, the City may be opening up similar requests in the future from other HOA's. Staff is requesting direction from the City Council on how to proceed with this request. Respectfully submitted, fLÁ¡~ QAt- Mike CurtiS, .E. Public Works Director ',- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ NO SCALE <;Y-.J +- s« o~þo. \'},\O ,,\'0 þo./ FILE: IVY LANE VICINITY MAP.DGW IVY LANE CADDO CT :-Z õ! S :>:: L.J L.J a:: Ü ~ ASHLEY CT l- V> <{ Ü AMHURST CT o a:: ~ o a:: (;> >- o <{ :I: V> sG+- ~Þ-S \0 ,,\0° þo./\ (f) W I- <C I- (f) W o o o 3: I- Z W m IVY LANE VICINITY MAP NRH ~.ij KNOWLTON- ENGLISH-FLOWERS, INC. CONSUlTINC _w I Fort _... INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-145 ~ Date: T Subject: October 28, 2002 Rufe Snow Drive - Decorative Street Lights The purpose of this report is to brief Council on the aesthetic features planned for Rufe Snow Drive. These features include decorative traffic signals, decorative streetlights, a pavestone or stamped concrete median, landscaped areas, etc. The funding for most of these features is planned to come from a future bond project (Rufe Snow Drive Street Scaping Project) being recommended by the Citizen Bond Committee. The funding for the decorative traffic signals will come from the existing Rufe Snow Drive project budget. During the October 14, 2002 Council Meeting, Council approved the decorative street lighting for North Tarrant Parkway. It was staffs understanding that the street light selected for the North Tarrant Parkway project would be the same light used on major thoroughfares as outlined in the City Image Study. Since Rufe Snow Drive is one of the identified thoroughfares, staff is planning to use the same street light for Rufe Snow Drive. Even though the funding for the decorative street light is part of a future bond project and will not be designed until the project is approved (by voters and Council), staff is requesting confirmation that it is Council's desire to use the same light on Rufe Snow Drive. Respectfully submitted, lvt:~ (},.t-~ Mike Curtis, P.E. Public Works Director [ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS YARD-OF-THE-MONTH October, 2002 AREA 1 Curtis & Betty Cheek .6600 Briley Sherry Morgan 589-7764 AREA 2 Robert Harper. 4928 Carol Court Jerry Hilliard 577.3640 AREA 3 Terry & Karen Weiss, 6516 Cliffs ide Tammy Joyce 281 .4882 AREA 4 Tommy & Sue Martin. 5425 Susan Lee Cher S. Paris 581.1522 994.6778 AREA 5 No Winner for this area Rhonda Dolan 498.5963 AREA 6 Anita Berry, 7540 Buck St. Charlie & Jerry Smith 577.9102 AREA 7 Trena and David Wilson, 7633 Jill Ct. Tracy Andrews 514.6819 AREA 8 Mike & Jo Ella Johnson. 7832 Old Hickory Dr. Scott Wood 253.0697 485-9250 (H) AREA 9 Ken & Dorothy Wilkowski. 8501 Castle Creek Rd. Theresa Hampton 428.1672 (h) 972.915.9558 (w) Texas SmartScape No winner for this area MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 14, 2002 - 6:00 P.M. Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson George Staples Paulette Hartman John Pitstick Larry Koonce Mike Curtis Jenny Mabry Steve Brown Terry Kinzie Pam Burney Clay Caruthers Vickie Loftice Chris Swartz City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary City Attorney Assistant to City Manager Director of Development Finance Director Public Works Director Communications Director Library Director Information Services Director Environmental Services Director Budget & Research Manager Assistant Parks Director Aquatic Manager ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 6:00 p.m. DISCUSS ITEMS Agenda Item 6f - GN 2002-114 - Councilman L. Cunningham FROM REGULAR Welch commented on BISD charging the City OCTOBER 14, 2002 for use of the BISD Fine Arts Complex. CITY COUNCIL Councilman Welch noted that there were a MEETING couple of items on the agenda in which the city was giving them something for free. Councilman Welch requested that his comments be conveyed to BISD. Pre Council Minutes October 14, 2002 Page 2 IR 2002-134 In response to Council questions concerning the John P I Dave G. DISCUSSION ON interpretation of secondary living units and the DEFINITION FOR distance of the units from the main house, SECONDARY Council was presented with a comparison LIVING UNITS survey of area cities and a proposed new definition. Council was advised that to qualify as a secondary living unit the structure must have a kitchen and place to sleep and live. Council agreed that verification of the occupancy of secondary living units by domestic persons and their family or a relative of the occupants of the primary living unit should be made a part of the ordinance. Council was advised that it was an amendment to the Zoning Ordinance and item would be sent to the Planning & Zoning Commission for their recommendation. There was discussion by Council why the use should not be allowed by right. The consensus of the Council was to let the Planning & Zoning Commission discuss and send their recommendation to the Council. IR 2002-136 CIP Mr. Curtis advised that Staff had not been MikeC. BUDGET REVISION successful in obtaining the required easement FOR SQUIRE from one of the property owners. Mr. Curtis COURT DRAINAGE presented a PowerPoint presentation explaining IMPROVEMENTS the two options available to Council to alleviate the flooding problems on Squire and Jester Courts. One option is to construct a flume completely off site of the unwilling property owner and making modifications in the street to allow the street to carry more water. This option will be ready for construction in 30 days at a total cost of $110,000. The other option is to condemn the unwilling property owner, construct a flume partly on the unwilling property owner's property and partly on his neighbor's property, and construct a berm and low height retaining wall in front of the unwilling property owner's house. This option will be ready for construction in 120 days at a total cost of $65,000 depending on court costs. After a brief discussion by Council, the consensus was to avoid condemnation and to bring the first option as an action item to Council for formal approval. Pre Council Minutes October 14, 2002 Page 3 IR 2002 -137 Ms. Vickie Loftice on behalf of the Public Art Vickie L. I Paulette H. PUBLIC ART Internal Review Committee, presented a RECOMMEND- PowerPoint presentation outlining the mission A TIONS statement, goals, objectives, and potential sites for public art projects. Council was advised that the committee would like to proceed with a "Call for Artists" for the city's first commissioned art piece. The committee is recommending the dedication of the art work to coincide with the 50th anniversary celebration plans in 2003. Mission Statement - The purpose of the art in public places program is to integrate art into the daily lives of the community through a diverse art program that beautifies public places, improves the quality of life and creates a distinctive identity for North Richland Hills. Goals and objectives presented were: Goal One - Establish a Diverse Program of Public Art · Inventory of potential sites · Establish policies and procedures for loans and gifts · Seek opportunities for public/private partnerships · Solicit expertise from local and regional arts and business communities · Acquire first piece of public art · Research and consider a maintenance program · Expand and manage Public Art Loan program Goal Two - Secure Sustainable Funding for Art in Public Places · Establish an annual funding goal · Future consideration of Percent for Art program · Explore grants and foundation sources · Seek partnerships with business · Explore establishing an endowment Pre Council Minutes October 14, 2002 Page 4 Goal Three - Promote Community Involvement and Arts Education · Partner with schools where applicable · Identify potential "Arts District" · Establish public awareness campaign · Provide arts education for citizens, council & staff · Create special events for fundraising & community involvement Ms. Loftice discussed potential sites for public arts projects: · South entry to NRH - Richland Plaza Greenbelt · Grapevine Highway median · Spurlock Park · Liberty Park · Adventure World in Cross Timbers Park · Bedford-Euless Road Greenbelt - · Green Valley Park · Davis Blvd. Flyover Future potential sites are projects in planning stages - Fire Station #4, Fire Station #1 and the seven new neighborhood park sites. Mr. Koonce reviewed funding for the public art program and briefly discussed a Percent for Art proposed ordinance. Mayor Trevino advised Council that Staff was seeking Council consensus to proceed with a "Call for Artists" for the City's first commissioned public art piece. Council consensus was to allow Staff to proceed with a "Call for Artists". Mr. Cunningham advised that the sites for the public art would be brought back to the Council for consideration. -- Pre Council Minutes October 14, 2002 Page 5 ADJOURNMENT Mayor Trevino announced at 6:50 p.m. that the Council would adjourn to the regular Council meeting. Mayor Trevino announced that Executive Session would be held immediately after the regular council meeting. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 14, 2002 -7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order October 14,2002 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCA TION Mayor Pro Tern Metts gave the invocation. 3. PLEDGE OF ALLEGIANCE Mayor Pro Tem Metts led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. City Council Minutes October 14,2002 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE CITY COUNCIL GOAL SETTING WORK SESSION SEPTEMBER 12-13, 2002 B. MINUTES OF THE PRE-COUNCIL MEETING SEPTEMBER 23, 2002 C. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 23, 2002 D. MINUTES OF THE JOINT WORK SESSION WITH CITY COUNCIL AND PLANNING AND ZONING COMMISSION OCTOBER 3, 2002 E. MINUTES OF THE JOINT WORK SESSION WITH CITY COUNCIL, PLANNING AND ZONING COMMISSION AND ECONOMIC DEVELOPMENT COMMITTEE OCTOBER 3, 2002 F. GN 2002-114 CONSIDERATION OF INTERLOCAL AGREEMENT WITH BISD FIBER OPTIC CONDUIT SHARING - RESOLUTION NO. 2002-081 G. GN 2002-115 AMENDING REINVESTMENT ZONE NO.2 ORDINANCE NO. 2420 _ REVISING NUMBER OF CITY BOARD DELEGATES - ORDINANCE NO. 2660 H. GN 2002-116 APPROVE INTEROCAL AGREEMENT WITH THE CITY OF FORT WORTH FOR THE DESIGN AND CONSTRUCTION OF THE BIG FOSSIL CREEK WASTEWATER OUTFALL SYSTEM IMPROVEMENTS - RESOLUTION NO. 2002-082 COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA WITH THE AMENDMENT TO 6C - CORRECTING THE VOTE (ITEM No.8, PZ 2002-17). COUNCILMAN TOLBERT SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Council Minutes October 14, 2002 Page 3 Councilman Welch voiced his displeasure with BISD charging the City for use of meeting rooms at the Fine Arts/Athletics Complex when the City does not charge BISD for various services. Councilman Welch asked staff to talk to BISD about the City being charged for the use of the meeting rooms at the Fine Arts/Athletics Complex. 7. PZ 2002-24 PUBLIC HEARING TO CONSIDER A REQUEST FROM DARCY BOA TMAN AND BRADLEY THOMPSON FOR A ZONING CHANGE FROM "R-2" RESIDENTIAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL DISTRICT (LOCATED AT 7003 AND 7005 SMITHFIELD ROAD) - 3.26 ACRES _ ORDINANCE NO. 2661 APPROVED Mayor Trevino opened the public hearing. Mrs. Darcy Boatman, applicant, was available to answer questions from council. Councilman Whitson asked if the dirt at the location would hinder drainage in the area. Mr. Mike Curtis, Public Works Director, advised council that when the grading is completed there would not be a problem. Councilwoman Johnson asked if there were any restrictions on animals. Mr. John Pitstick, Director of Economic Development, advised council that animals were allowed in R-1-S Special Single Family Residential Districts. Mr. Pitstick named a few animals that were allowed in the district. Mr. Pitstick informed council that staff received two letters protesting the rezoning - one of the letters being from a property owner who is within 200 feet of the site. The Planning and Zoning Commission recommended approval of request at their September 26 meeting. Councilwoman Johnson asked if businesses were allowed in the R-1-S District. Mr. Larry J. Cunningham, City Manager, advised council that customary home occupations are allowed. Mayor Trevino called for comments in favor of request to come forward. There being no one wishing to speak Mayor Trevino called for comments opposed to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. City Council Minutes October 14,2002 Page 4 COUNCILMAN TOLBERT MOVED TO APPROVE PZ 2002-24, ORDINANCE No. 2661. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVED CARRIED 6-0. 8. PZ 2002-26 PUBLIC HEARING TO CONSIDER A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS AND COVENANT PLACE OF RICHLAND HILLS FOR A ZONING CHANGE FROM "PO" PLANNED DEVELOPMENT TO "U" SCHOOL, CHURCH, AND INSTITUTIONAL DISTRICT (LOCATED IN THE 7800 BLOCK OF NORTH RICHLAND BOULEVARD) - 1.64 ACRES - ORDINANCE NO. 2662 APPROVED Mayor Trevino opened the public hearing. Mr. Pitstick advised council that the site was originally planned to be developed as an Alzheimer's facility. The owner of the land, Covenant Place of Richland Hills, is no longer interested in developing this portion of the Planned Development. The City has agreed to purchase the 1.64 acre tract for the purposes of developing a neighborhood park consisting of a picnic pavilion, playground and multi-use trail. The purpose of the rezoning request is to make the zoning conform to the proposed use. Mr. Pitstick informed council that the original Planned Development approved in 1995 fell under the requirement of 4 acres. The purchase of the 1.64 acre tract by the City has reduced the property to 3.1 acres in size. In order to avoid any "nonconforming" status to the existing assisted living development, the applicants have received a variance from the Board of Adjustment. The Planning and Zoning Commission approved request at their September 26 meeting. Mayor Trevino called for comments in favor of request to come forward. There being no one wishing to speak Mayor Trevino called for comments opposed to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM METTS MOVED TO APPROVE ORDINANCE No. 2662. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 9. GN 2002-117 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO.2 & APPOINTMENT OF CHAIRMAN APPROVED City Council Minutes October 14, 2002 Page 5 Ms. Patricia Hutson, City Secretary, informed council that presently there are two vacant city-appointed seats on the board and the remaining members' terms have expired. Staff is recommending that council appoint six directors and a chairman to Reinvestment Zone NO.2. COUNCIL CONSENSUS WAS TO APPOINT COUNCILMAN TURNAGE, MAYOR PRO TEM METTS, COUNCILWOMAN JOHNSON, COUNCILMAN WHITSON, COUNCILMAN TOLBERT, AND MAYOR TREVINO TO REINVESTMENT ZONE No.2 AND THAT MAYOR TREVINO BE APPOINTED TO CHAIRMAN. MAYOR PRO TEM METTS MOVED, SECONDED BY COUNCILMAN WELCH, TO APPROVE THE APPOINTMENTS AS AGREED BY THE COUNCIL. MOTION TO APPROVE CARRIED 6-0. 10. GN 2002-118 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO.1 & APPOINTMENT OF CHAIRMAN APPROVED Ms. Patricia Hutson, City Secretary, informed council that presently there are two vacant city-appointed seats on the board and the remaining members' terms have expired. Staff is recommending that council appoint five directors and a chairman to Reinvestment Zone NO.1. COUNCIL CONSENSUS WAS TO APPOINT COUNCILMAN TURNAGE, MAYOR PRO TEM METTS, COUNCILWOMAN JOHNSON, COUNCILMAN WHITSON AND MAYOR TREVINO TO REINVESTMENT ZONE NO.1 AND THAT MAYOR TREVINO BE APPOINTED TO CHAIRMAN. COUNCILMAN TOLBERT MOVED, SECONDED BY COUNCILMAN WELCH, TO APPROVE THE APPOINTMENTS AS AGREED BY COUNCIL. MOTION TO APPROVE CARRIED 6-0. 11. GN 2002-119 APPOINTMENTS TO THE YOUTH ADVISORY COMMITTEE APPROVED City Council Minutes October 14, 2002 Page 6 Ms. Paulette Hartman, Assistant to the City Manager, informed council that the Youth Advisory Committee met in September and approved individuals for appointment to the committee. The following appointments are recommended for appointment to a one-year term: Kari Schmidt - Richland High School Julie Teague - Richland High School Courtney Ray - Harvest Academy Blake Weaver - Richland High School Brittney Martin - Richland High School Jessica Martin - Richland High School The following appointments are recommended for appointment to a two-year term: Ryan Paul Dorasil - Richland High School Kendra Newton - Birdville High School Shannon Mitchell - Harvest Academy Bethany Walden - Birdville High School Emily Killough - Birdville High School Danielle Hamilton - Richland High School Ginnie Ball - Richland High School Ms. Hartman informed council the new incoming members are Blake Weaver, Brittney Martin, Jessica Martin, Emily Killough, Danielle Hamilton and Ginnie Ball. Ms. Hartman advised council that after tonight's appointments that committee will consist of 13 members, which will leave three two-year term positions to be filled. COUNCILMAN WHITSON MOVED TO APPROVE THE YOUTH ADVISORY COMMITTEE'S RECOMMENDATIONS FOR NEW COMMITTEE MEMBERS FOR 2002-2003. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 12. GN 2002-120 AUTHORIZATION FOR REMOVAL OF VEHICLES FOR STREET MAINTENANCE WORK - ORDINANCE NO. 2663 APPROVED Mr. Curtis informed council that staff does not have a means to remove vehicles to accommodate street construction or street projects. Currently, the Public Works City Council Minutes October 14,2002 Page 7 Department mails out a letter to inform citizens of upcoming construction. In addition the Public Works Department distributes a road construction notification flyer to the residents 48 hours in advance of the construction/project. There have been several occasions when the Public Works Department had to reschedule road construction projects due to motor vehicles being parked and left unattended on the street. Staff is proposing that council pass Ordinance No. 2663 which will allow the Public Works Department to accomplish their street maintenance and reconstruction projects by having authority to tow unauthorized vehicles that are left parked or unattended on City streets. Mr. Curtis advised council that vehicles would only be towed after every effort has been made to contact the owner of the vehicle. Councilman Tolbert asked how far in advance the letter is sent to citizens. Mr. Curtis informed council that the letter is mailed out at least 30 days in advance. Councilman Tolbert suggested that the fee be waived for having the vehicle removed if proper notice was not given. Councilwoman Johnson said that she would also like language to be added that the citizen will not be assessed costs/fees. City Attorney George Staples asked council if they would agree to include the following verbiage "if it can be shown that the citizen was not notified the City will pay towing fee." Council agreed to include proposed verbiage from the City Attorney. COUNCILMAN TOLBERT MOVED TO APPROVE ORDINANCE No. 2663 TO INCLUDE THE VERBIAGE PROVIDED BY THE CITY ATTORNEY. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 13. PU 2002-039 AWARD OF SOLID WASTE CONTRACT - ORDINANCE NO. 2664 APPROVED Mr. Greg Vick, Assistant City Manager, advised council that the current contract with Trinity Waste expires February 1 2003. Mr. Vick worked with the following committee members Larry Koonce, Karen Bostic, Pam Burney, Angel Holbert and Donna Enos. On August 13, 2002 the committee sent out the Request for Proposal (RFP) to six potential vendors that included the following contract terms: · 4 year fixed price contract -------.._.,.,>-_._~-,--~--,_._~-"~..--"'~"'-- City Council Minutes October 14, 2002 Page 8 · Twice a week curbside residential "Take All" collection on Monday and Thursday · Once a week residential recycling collection service on one of the same days as solid waste is collected · Improved Customer Service requirements · Curbside Christmas tree collection · Missed collection penalties and improved pick up times for missed collections · All City owned facilities collected at no cost · Sixty free hauls of 30 yard rolloff containers for Community Clean-up programs · Improved Public Education requirement · $15,000 per year donation to the NRH Beautification Committee · Very good 'Most Favored Nations' clause · Clarification and unification of residential construction waste collection and portable toilet use · The RFP also clearly sets forth a "Not to Exceed Price" for the base proposal · Council's desire to depoliticize the process and avoid last minute proposals · Clearly set forth service terms and conditions, and the "Best and Final Offer" date Mr. Vick informed council that Community Waste Disposal, Duncan Disposal, IESI and Trinity Waste responded to the RFP. Mr. Vick provided council with each company's bid. Staff is recommending that Trinity Waste be awarded the solid waste contract. Trinity Waste submitted the lowest rate and met all other requirements of the process. Trinity Waste's proposal represents an annual savings of over $600,000 per year. In addition to the base contract, negotiations have yielded a $10,000 per year contribution to the Senior Citizen programming. Mr. Vick brought to the council's attention the following typographical errors within the contract. ~ Page 6, 81 - Contractor Duties and Obligations--"Hand load customers receive service twice per week." (this sentence needs to be in the commercial portion of the contract) City Council Minutes October 14, 2002 Page 9 ~ Page 20, W - The last two sentences are in reverse order. Mr. Vick advised council that the errors have been corrected. Mayor Trevino asked Mr. Vick to explain the "Favored Nations Clause". Mr. Vick informed council that the "Favored Nations Clause" pertains to Northeast Tarrant County cities served by the contractor receiving commercial and twice weekly curbside take-all and once per week recycling. If those rates, when implemented, would produce lower revenues, then the City shall be entitled to utilize such rates. COUNCILWOMAN JOHNSON MOVED TO APPROVE PU 2002-039, ORDINANCE No. 2664. MAYOR PRO TEM METTS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 14. PW 2002-013 AWARD OF BID FOR THE NORTH TARRANT PARKWAY DECORA TIVE STREET LIGHT PROJECT APPROVED Mr. Curtis, Director of Public Works, informed council the City accepted bids for the North Tarrant Parkway Street and pedestrian lighting projects. The City only received one bid from Dal-Ec Construction. Ltd. Staff understands that council is concerned with awarding projects when only one bid was received for the project. Staff has verified the references of Dal-Ec Construction, Ltd. and has found them to be a very reputable contractor. Council may elect to rebid the project, however there is a chance that Dal- Ec Construction, Ltd. will not submit another bid and a possibility that other contractors may not submit bids. The bid submitted by Dal-Ec Construction, Ltd. was lower than the engineer's estimate. The bid included alternates for three different decorative lights. Also included with the bid for each alternate was the price to provide maintenance. The maintenance price includes five (5) years of routine maintenance including the replacement of any single item during the five-year period. If council elects to award the bid to Dal-Ec it is staff's recommendation that council approve Alternate B in the amount of $441 ,410. Mr. Brad Tribble, Kimley-Horn Associates, reviewed the three alternates proposed in the bid received from Dal-Ec Construction, Ltd. Mayor Pro Tem Metts asked staff if the City would be responsible for the maintenance of the lights. Mr. Curtis advised council that the City would be responsible for the maintenance. City Council Minutes October 14, 2002 Page 10 Council discussed the maintenance and cost of maintenance. COUNCILWOMAN JOHNSON MOVED TO ACCEPT THE BID FOR ALTERNATE B IN THE AMOUNT OF $441,410, PW 2002-113. COUNCILMAN TURNAGE SECONDED THE MOTION. Mayor Pro Tem Metts asked staff if the City would eventually replace all the lights in the City. Mayor Trevino informed council that he understood from the City Image Study that the City would begin in four or five major areas (major thoroughfares). Mr. Curtis informed council the areas were Rufe Snow, North Tarrant Parkway, Davis, Grapevine and Precinct Line Road. Mr. Cunningham informed council that staff talked about implementing the new lights with the primary reconstruction projects to the major thoroughfares. Mayor Pro T em Metts is in favor to approve PW 2002-113 as a pilot project. MOTION TO APPROVE CARRIED 6-0. 15. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS Councilman Turnage presented the following. The Fall Community Clean Up is being held at the Richland Business Centre at 6361 Grapevine Hwy. Residents can bring their "unwanted" trash items to this event to have them disposed. Household Hazardous Waste will NOT be accepted at this event. IMPORTANT: Residents who live South of Loop 820 will be able to drop off their items on Saturday, October 19th. Residents who live North of Loop 820 will be able to drop off their items on Saturday, October 26th. Residents must bring a current water bill or driver's license. The event will be held from 9:00 a.m. - 12:00 Noon. City Council Minutes October 14,2002 Page 11 The annual Boo Bash event will be held on October 26th from 6-8 p.m. There will be carnival games, a costume contest and treats galore for the little goblins. The event will be held at North Hills Mall. The Library offers FREE Internet classes twice per week. Senior Classes are offered on Tuesdays from 10-11 a.m. and Design Your Own Class is offered on Saturdays from 11-12 p.m. For the month of October, the Library is proud to have a collection of pottery pieces on display in their display cases. Be sure to stop by and check out this great collection. October 26 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817-427-6570 16. ADJOURNMENT TO EXECUTIVE SESSION - PRE COUNCIL ROOM Mayor Trevino adjourned the regular meeting to Executive Session in the Pre-Council room at 8:22 p.m. to consult with Attorney as authorized by Government Code §551.071 for 1) ABC Wrecker vs. North Richland Hills and 2) Davis vs. North Richland Hills, and to discuss personnel matters as authorized by Government Code §551.074 for Council appointed positions. 17. EXECUTIVE SESSION 18. RETURN TO OPEN SESSION TO TAKE ACTION ON ANY ITEMS DISCUSSED IN EXECUTIVE SESSION Council returned to open meeting in the Pre-Council room at 11 :50 p.m. PERSONNEL MATTERS - COUNCIL APPOINTED POSITIONS COUNCILMAN WELCH MOVED, SECONDED BY MAYOR PRO TEM METTS, TO EXTEND THE CITY MANAGER CONTRACT THROUGH OCTOBER 2007, TO AUTHORIZE AN ELEVEN PERCENT City Council Minutes October 14,2002 Page 12 INCREASE IN TOTAL COMPENSATION AND TO ALLOW CITY MANAGER TO DISTRIBUTE AS HE DEEMS BEST. MOTION TO APPROVE CARRIED 6-0. 19. ADJOURNMENT Mayor Trevino adjourned the meeting at 11 :59 p.m. Oscar Trevino- Mayor ATTEST: Patricia Hutson - City Secretary ;. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1 0/28/02 Subject: Certification of Unopposed Candidate, Cancelling Agenda Number: GN 2002-121 Election and Declaring Unopposed Candidate Elected to Office - Ordinance No. 2667 The Texas Election Code provides for the cancellation of an election when each candidate whose name is to appear on a ballot is unopposed and there is no proposition appearing on the ballot. The filing deadline for a place on the ballot for Place 7 for the Special November 5,2002 election was October 7,2002 and the deadline for write-in candidates to file declarations of write-in candidacy was October 15. At the conclusion of the filing deadlines, Tim Welch was the only candidate who filed for Place 7. The law states that the authority responsible for preparing the official ballot (City Secretary) shall certify in writing and deliver to the governing body a certification of unopposed status as soon as possible after the statutory filing deadlines. Attached is the certificate of unopposed status certifying that Tim Welch has filed for Place 7 and is unopposed. On receipt of the certification from the City Secretary, the law states that the City Council by ordinance may declare unopposed candidates elected to office and an election is not held. Ordinance No. 2667 declares Tim Welch elected to office. The newly elected officer may not assume office until after the November 5 election date and therefore will assume duties effective Monday, November 11, 2002. Recommendation: To accept the certificate of unopposed status and to approve Ordinance No. 2667. Source of Funds: Bonds (GO/Rev.) Operating Budget Other '-eMz¡èti-~ Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director ~~ ORDINANCE NO. 2667 AN ORDINANCE CANCELLING THE NOVEMBER 5, 2002, SPECIAL ELECTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home rule municipality located in Tarrant County, operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, in accordance with law a special election has been ordered for November 5, 2002, for the purpose of electing council members to serve on the city council in the City of North Richland Hills; and WHEREAS, no proposition is to appear on the ballot in that election; and WHEREAS, the city secretary has certified in writing that each candidate on the ballot is unopposed for election to office; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, in these circumstances Subchapter C of Chapter 2 of the Election Code authorizes a governing body to declare each unopposed candidate elected to office and cancel the election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the following candidate, who is unopposed in the November 5, 2002, special election, is hereby declared elected to office, and shall be issued a certificate of election: PLACE 7 - Tim Welch - Tenn ending May 2003. Section 2: The city secretary is directed to post a copy ofthis ordinance at each designated polling place on November 5, 2002. Section 3: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Passed on this 28th day of October, 2002. W:IN ~~E.....2667.wpd CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary w, EJKhoL266'7."" 2 CERTIFICATION OF UNOPPOSED CANDIDATES TO: Mayor & City Council City of North Richland Hills From: Patricia Hutson, City Secretary I, Patricia Hutson, City Secretary of the City of North Richland Hills, Texas, and the authority responsible for having the official ballot prepared for the November 5, 2002, Special Election, do hereby certify that the following candidate is unopposed for election to the office of Council Member Place 7; that no write-in candidates have filed to be placed on the list of write- in candidates; and that no proposition appears on the ballot. PLACE 7 - Tim Welch ~áóu6t¿¿~ atncla Hutson, City Secretary Date: tJélZ'Jf~ cßl. ~¿J. 1(\ ,""VIII..rVV/'l - J{'. ,g........ V~., ~>·n··· ........ "//" '~- . \ ~ IJ.. :' \. : _0; r :--1: L~\~i~~ \f\ It ~./ ~ ' ~.I ,'" 1'1'1'1 "" 11111'", 11'11 11""\\ CITY OF NORTH RICHLAND HILLS '-oepartment: Administration Council Meeting Date: October 28. 2002 Subject: Approval of Amendment to Professional Services Contract - Resolution No. 2002-089 Agenda Number: GN 2002-122 This Resolution amends the Professional Services Contract with the City Manager as discussed at the October 14, 2002 meeting. Recommendation to pass Resolution No. 2002-089. ",-. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number AccountNumber Sufficient Funds Available Department Head Signature Finance Director \,-- P~m' 1 nf RESOLUTION No. 2002-089 WHEREAS, the City Council has met and evaluated the performance of the City Manager, Larry J. Cunningham, and WHEREAS, after review, the Council finds the following portions of the City Manager's contract of August 1, 1997, and the Amendment outlined in Resolution No. 99-18 of March 15, 1999, should be amended NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: Section 1: The City Manager's contract of August 1, 1997 and its amendment of March 15, 1999 are hereby amended as follows: Subsection C of Section 2 shall hereinafter read as follows: "c. The term of employment is extended until October ]~200~..: ..Ç~t?'...M~nager agrees to remain in the exclusive employ of the City until Octqbyr~~gQQV', and neither to accept other employment nor to become employed by any other employer until said termination date, unless an earlier termination date is agreed as herein provided. City Council will review annually the performance of the City Manager and may, after review, extend the term of employment. At the time of said annual review, the City Manager's pay will be set by the City Council without the necessity of formal amendment of the contract." PASSED AND APPROVED this 28 day of October, 2002 CITY OF NORTH RICH LAND HILLS APPROVED: By: Oscar Trevino, Mayor ACCEPTED: By: Larry J. Cunningham ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGJ George A. Staples, Attorney The only change to the current contract Is reflected by the dates as shown in the Shaded areas of "Subsection C" below. ~ \.. ~ CITY OF NORTH RICH LAND HILLS "- Department: Information Services Council Meeting Date: 1 0/28/02 Subject: Award Contract For T elecommunicationServices Agenda Number: PU 2002-040 To Time Warner Telecom And Approve Resolution # 2002-085 The City currently purchases several telecommunication services such as standard voice business lines, PRI (voice) circuits, T-1 (data) circuits, long distance, etc. from multiple providers. Information Services, with assistance from Boundless Communication Strategies (BCS), a vendor independent professional firm, developed an RFP that includes all of the above-mentioned telecommunication services utilized by the City. The primary goals of the RFP were to increase the reliability of all voice and data service$, reduce the overall voice and data expenditures, and with little or no impact to our customers. A committee comprised of members from the City Manager's Office, Finance, Information Services and BCS evaluated the proposals and met with the Vendor's. A key component of the RFP was to insure that all voice and data lines would be fully operational 99.9% of the time. The RFP is for "Iand-line" systems- and does not include 911 Dispatch or wireless systems. The RFP was advertised and sent to 13 potential Vendors. Nine Vendors attended the mandatory Vendor Conference and proposals were received from AT&T, NTS, Southwestern Bell Communications (SaC) and Time Warner Telecom (TWT). The NTS proposal was disqualified as NTS did not attend the mandatory Pre-Bid méeting. The proposal from A T& T scored low as AT&T chose Only to offerTEX-AN 2000 (state) pricing through an agent in San "-- Antonio and opted not to negotiate further. Several negotiation sessions were conducted with the two finalists, Southwestern Bell and Time Warner. The major evaluative criteria, using a 100% weighted scale, are as follows: · ITEM 1 - 25% -Ability to meet RFP requirements and po$itive responses to questions · ITEM 2 - 20% - Cost of total Vendor offerings · ITEM 3 - 15% - Positive references and similar installations that can be contacted · ITEM 4 - 15% - Financial stability of the Vendor · ITEM 5 - 10% - Maintenanœ quality · ITEM 6 - 10% - Willingness to negotiate a long-term contract! relationship with the City · ITEM 7 - 5% - User friendliness regarding billing reports Vendor scoring using the above-mentioned criteria is as follows: Finance Review Ac:count Number Sufficient Funds Availa ~ ~¡¿¥J;/æu~ ~ CITY COUNCIL ACTION ITEM Source of Funds: Bonds (GOlRev.) Operating Budget Other Page 1 of2 , CITY OF NORTH RICHLAND HILLS '- FACTOR AT&T sac TWT MAXIMUM SCORE ITEM 1 5 17 22 25 ITEM 2 10 15 20 20 ITEM 3 0 15 15 15 ITEM 4 15 15 10 15 ITEM 5 0 5 10 10 ITEM 6 0 5 8 10 ITEM 7 -º ~ ~ --á TOTAL 30 74 89 100 Risk was also examined as a factor to consider. Both SBC and TWT have redundant fiber infrastructures to communicate worldwide from their Central Offices. As TWT does not have a Central Office in North Richland Hills, TWT will be leasing Unes from SBC from their Northlake office to the NRH City Hall. The risk for failure is considered identical. With regard to pricing, TWT has proposed lower pricing than AT&T and on the majority of the items requested in their proposal; the monthlv charges are as follows: NEEDED SERVICE AT&T sac TWT PRI Service $2259 $1949 $1620 Expanded Calling Area N/A $1380 $690 Internet T-1 $1037.50 $799 $750 911 Name/Number Delivery N/A $250 NO CHARGE Standard Voice Lines NO BID $29.95 NOBIO Long Distance (Per Minute) $0.096 $0.054 $0.049 References were also checked for SBC and TWT and all were equally as good. Within Texas, Time Warner has agreements with the City of Irving, University of Dallas, Lewisville ISO, City of Austin (Airport & Convention Center) and the City of San Antonio (Alamo Dome). All TWT references contacted spoke very highly of all TWT services. Time Warner also included a 180 day satisfaction guarantee. In the .event we are not pleased with their service we can discontinùe service at any time during the·180 day period. Staff recommends awarding the contract for the above mentioned services to Time Warner, with the exception of standard voice lines, for 3 years, with the option to renew a 4th and 5th year. The City will continue to use SBC for standard voice lines utilizing Texan 2000 pricing. It is estimated that the City will save $51,480 over the three year period. Recommendation: To approve Resolution # 2oo2-œ5 allowing the City Manager to proceed with executing an agreement with Time Warner Telecom for PRI, Expanded Calling Area, Internet T-1, 911 NamelDelivery and Long Distance services to Time Warner Telecom for 3 years, with the option to renew the agreement in years 4 and 5; and to continue to use Southwestern Bell Communications under the existing TEXAN 2000 arrangement for standard business telephone lines. "'I CITY COUNCIL ACTIONITEII Pege20f2 RESOLUTION No. 2002-085 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS, that: WHEREAS, the City of North Richland Hills has entered into an agreement with Time Warner Telecom, for PRI, Expanded Calling Area, Internet T-1, 911 Name/Delivery and Long Distance services for 3 years, with the option to renew the agreement in years 4 and 5; and to continue to use Southwestern Bell Communications under the existing TEXAS 2000 arrangement for standard business telephone lines. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The City Manager is hereby authorized to proceed with executing an agreement with Time Warner Telecom. PASSED AND APPROVED this 28th day of October 2002. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: ! w_ " CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 1 0/28/02 Agenda Number: PW 2002-014 Subject: Approve CIP BudQet Revisions for Squire Court Drainage Improvements During the October 14, 2002 Pre Council Meeting, staff presented two options to Council to improve the drainage problems in the Squire Court and Jester Court vicinity. The consensus of Council was to select the option that. avoided the unwilling property owner. Staff is now needing to revise the CIP Budget to reflect the option selected. The original project cost and revised project cost are summarized below. Total Ori inal Cost $ 9,000 $ 31,000 $ 40,000 Revisèd Cost $ 20,000 $ 90,000 $ 110,000 Difference $ 11,000 $ 59,000 $ 70,000 Desi n Construction The additional funds for this project will come from the Callow Branch Assessment (Billy Graham settlement - $40,000) and from savings on completed projects ($30,000). Construction for this project is scheduled to begin the end of November or early December. Recommendation: To approve the CIP budget revision for the Squire Court Drainage Improvements project. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 13-53-16-6000/99-13-53-016 Sufficient Funds Þ\vallaDle JUb-UUUU-ëUJ. {~-UU ·Jtl~X;;~ D'epartmen Head Signature ---.., Drainage Capital Projects Squire Court Drainage Improvements PROJECT DESCRIPTION & JUSTIFICATION This project consists of constructing an 8-foot wide concrete flume along the back property line of two properties that are located on Squire Court. Two residents on Squire Court have been experiencing flooding problems on a regular basis. The new flume and some minor grading will help to mitigate this problem. Since the flume will be located along the back property line, new fences will need to be installed along both sides of the flume. PROJECT STATUS Original 2002/2003 Original 2002/2003 Start Date Revision End Date Revision Engineering 1 0/2000 10/2002 02/2001 11/2002 Construction 03/2001 11/2003 07/2001 03/2003 REVISION EXPLANATION The original project budget of $41,000 was developed with the understanding that the impacted property owners would dedicate a drainage easement for the necessary improvements. One property owner has decided not to dedicate or sell the easement to the City. As a result, the project was redesigned and the concrete flume will not be located on the property owned by the individual not willing to provide the easement. This new design will increase the cost of the project mainly due to the required addition of a valley gutter to be constructed in the Jester Court cul-de-sac. Additionally, no project expenditures were included in the 2002/2003 adopted budget. Therefore, this revision is also required to gain Council approval of fund appropriation. FINANCIAL DATA Total Funding Source Amount to 2002/2003 2002/2003 Remaining Project Date Adopted Budget Budget Cost Existing: Drainage Utility Fund $40,000 $0 $0 $0 $40,000 Proposed: Calloway Branch Assessment 0 0 40,000 0 40,000 G.O. Bonds, 2000 Series ('85) 0 0 22,071 0 22,071 Drainage Utility Fund 0 0 7,929 0 7,929 Total $40,000 $0 $70,000 $0 $110,000 Project Expenditures Engineering $9,000 $0 $11,000 $0 $20,000 Right-of-Way 0 0 0 0 0 Construction 0 0 90,000 0 90,000 Total $9,000 $0 $101,000 $0 $110,000 IMPACT ON OPERATING BUDGET Maintenance of drainage improvements. Annual Operating Impact Pro'ected C9' CITY OF NORTH RICHLAND HILLS Department: Police Department Council Meeting Date: 10-28-2002 '-- Subject: Authorize Payment to Motorola for Annual Mobile Data Terminal ServIce Agreement - Resolution No. 2002-084 Agenda Number: PAY 2002-009 The annual Mobile Data Terminal Service Agreement fees are now due in the amount of $40,186.51. The Department is repaid a large portion of this amount from income as agreed to in the Interlocal Agreements with other area cities; therefore, limited funds are expended by North Richland Hills from either General Fund or Crime Control District accounts. The fees attached to this contract allow us to operate a multi-jurisdictional Mobile Data Terminal (MDT) system for four (4) entities. There are a total of ninety (90) data devices operating on the system at this time. North Richland Hills PO, Haltom City PD, Keller PD, and Hurst PO will remain under the current agreement and annual payments. The total amount of the contract is $40,186.51 which covers aU radio and microwave infrastructure maintenance costs as well as maintenance costs for the data devices. Recommendation: ,----. Approve Resolution No. 2002-084 authorizing payment to Motorola for the annual Mobile Data Terminal Service Agreement fees in the amount of $40,186.51. \~ Finance Review AccountNumber 115-8011-531.43-67 Sufficient Fun~Avai~a",ble ~"õ~-~'e1 DI..oIo, c....J Source of Funds: Bonds (GO/Rev.) Operating Budget Other Page 1 of -1. RESOLUTION NO. 2002-084 WHEREAS, the City of North Richland Hills has a continuing service agreement with Motorola to provide service for all Mobile Data Terminals and related; and WHEREAS, the City of North Richland Hills continues to receive a discount if this agreement is paid annually instead of monthly; and WHEREAS, the total annual amount for the period from October 1,2002 through September 30, 2003 was billed by Motorola in the amount of $40,186.51; on October 1, 2002. WHEREAS, the Police Department is repaid a large portion of this amount from income from the Interlocal Agreement with other area cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS THAT: The City Manager be, and is hereby, authorized to sign the Service Agreement authorizing payment of the annual charges by Motorola in the amount of $40,186.51 from the following account: 115-8011-531.43-67 $40,186.51 PASSED BY THE CITY COUNCIL this the 28th day of October 2002. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Thomas R. Shockley, Chief of Police APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney for the City ® M07OROLA Vef. 4.5 SERVICE AGREEMENT 1307 East Algonquin Roed Schllumburg, IL 60196 (800) 247-2346 Agreement Order # : 0621061270803 Supersedes Agreement #(s) : 618000237 Date: 1011412002 Company Name: City of NorItI Richland HUts (Data) Attn: Billing Address: 7301 NE Loop 820 City, state, Zip: NorItI Richland Hills, TX 76180 Customer Contact: Mike Young Phone: 817-427-7003 Fax: Required P.O.: No Customer #: 1000220707 Bill to Tag # : 0001 Contract start Date: 10101102 Contract Expiration Date: 09/30103 Auto Renew: No Payment Cycle: AnnuaDy Tax Exempt: Yes PO#: Qty Model/Option SVC290 1 1 1 1 1 22 21 1 1 1 1 1 2 1 1 60 SVC290 Description Infrastructure Board Level Repair Services MaIntenance and repair of 08ta NetNorIt, Including aubsctbn FRU C99CX PA FRU C99CX MSF FRU D2007G GCC480 GCC MODEM MDT91 00-1191 00- rs MW52O'S MSF5000 MODEM 201 arr MICROWAVE LINK RNC3000,3 SLOT C65CXB W/BSC2100 TDN9263 14.4 MODEMS *5OOA CONSOLE UNIT DISPATCH WIPTS VRM'S Infrastructure Board Level Repair Services RNC3000 3 SLOT RNC3000SW SUPPORT SVC964A Radio SUpport Center Services VRM'S 60 Monthly Ext Extended $ 14.50 $ 174.00 $ 14.50 $ 174.00 $ 14.50 $ 174.00 $ 97.00 $ 1,164.00 $ 16.00 $ 192.00 $ 440.00 $ 5,280.00 $ 630.00 $ 7,560.00 $ 154.00 $ 1,848.00 $ 13.00 $ 156.00 $ 247.00 $ 2,964.00 $ 177.83 $ 2,133.96 $ 217.00 $ 2,604.00 $ 37.00 $ 444.00 $ 70.00 $ 840.00 $ 84.00 $ 1,008.00 $ 408.00 $ 4,896.00 $ 145.17 $ 1,742.04 $ 350.00 $ 4,200.00 $ 312.00 $ 3,744.00 SPECIAL INSTRUCTIONS - Am\QoISTATÐlENTOFWORKFOR PERFORMANCE DESCRIPTIONS SUBTOTAL - RECURRING SERVICES $ 3,441.50 $ 41,298.00 SUBTOTAL - ONE-TIME EVENT SERVICES $ TOTAL $ 3,441.50 $ 41,298.00 TAXES $0.00 $0.00 GRAND TOTAL $ 3,441.50 $ 41,298.00 AdlliÐnelIerms. cIefiniIon& ønd ccndiIicns oI1his SERVICE AGREEMENT In øIIached. CUSTOMER IS RESPONSIBLE FOR TIBERON SOFTWARE. 'I1iIS SERVICE AMOl.Nr IS SUBJECT TO STATE & LOCAl TAXING JUR . TO BE VERIFIED BY MOTOROlA 'P SUBCONTRACTOR(S) CITY STATE OFW Communications Artington TX Motorola - System Support Center Schaumburg IL Motorola - RockfoId-BRANDED RockfoId IL SUBSCRIBERS(CL723\ TITLE DATE Customer Support Manager TITLE 972-277-4606 PHONE SPC 4.5 Release Date: 4130/02 Service Tenns and Conditions Motorola, Inc., through its Commercial, Govemment, and Industrial Solutions Sector (-Motorolaj, and the customer named in this Agreement ("Customer"), hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under II Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION -Agreement- means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In Interpreting this Agreement and resoMng any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. -Equipment- means the communication equipment that is specified in the attachments or is subsequently added to this Agreement. -Services- means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the -Start Date- indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed Statement of Work or other attachment. At Customer's request, Motorola may also provide additional services at Motorola's then- applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be Serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology, or practical infeasibility, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. ,...__.=__ "'r.....__ __... "'__....:4:___ ,..=__. ,.,,_.. "'"""..,^"" ,,..,... c.....__".....a, ~~._--------------~--~---------- 4.7. Customer must promptly notify Motorola directly of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries, magnetic tapes, etc.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networXs, the intemet or the worldwide web, or for Equipment malfuncüon caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous worX environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all infonnation pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless altemative payment tenns are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any govemmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and wOrXmanship for a period of ninety (90) days following completion of those Services. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perfonn the non-conforming Service or to refund, on a pro- rata basis, the fees paid for the non-confonning Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ro..._.:._ ........__ __.j ,......._...u.:__.... "';__1 "... "''''''Ai'^'''' ,,..,..,, ....___...._..\ " _.,-"_.~---"~,,..."_."~^,,,~---",,-_.__..._._,_."_.._--~,..----- Section 10 DEFAUL TfTERMINATION 10.1. Ilf either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereaftElr to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-perfonning party fails to provide or implement the cure plan, thein the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreem.~nt effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurTed pursuant to this A!~reement, including payments which may be due and owing at the time of termination. All sums owed by CustomE~r to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of 1the previous twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT TO THE FULL EXTENT SUCH DAMAGES MAY BE DISCLAIMED BY LAW, MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT. Except for money due upon an open account, no action may be brought for a breach of this Agreement more than one (1) year after the accrual of such cause of action. lrhis limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDmONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations conceming the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. (~ustomer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreem.~nt, however, an inadvertent omission of the reference to this Agreement shall not affect its applicability. In no eVlent shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreem.~nt; (iQ dear1y indicate the intention of both parties to override and modify this Agreement; and (iii) such purchas.~ order, acknowledgement, or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERlY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise fumished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without MotorolBl'S written permission or as required by law, any such information or data to any person, or use such informatiion or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, induding cost and pricing dlata. .P"__.:__ 'T"'_..__ _~... "'__.J:a..:___ ~:__1 M_.. n"".,^"" ,^,.." .____....._'"" 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property ~created as a result of or related to the Equipment sold or Services performed under this Agreement. Section '14 FCC UCENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or represenltative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or Its subcontractors who are responsible for rendering services under this AgreemE~nt. If this provision is found to be overty broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT An tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motl:>rola upon request. Such property will be held by Customer for Motorola's use without charge and may be remm,ed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. IFailure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. INeither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agn!8ment. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN VVRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reftect its current rates. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for :such services on a time and materials basis at Motorola's then effective hourly rates. "'__.:__ .....____ __-I ,,__....u.:___ r-;__I n_.. ",.,...,"'^ ,,,,.. A .......-_.&&_...., .. ,,, CITY OF NORTH RICHLAND HILLS Department: Police Department Council Meeting Date: 10-28-2002 '-- Subject:: Authorize Payment to Motorola for Radio Maintenance Agreement - Agenda Number: PAY 2002-010 ResolutIon No. 2002-063 The~ annual maintenance agreement for all Motorola radios and related equipment is now due in the amount of $233,240.31. The Department is paid $206,161.74 in reimbursements from the 'nterlocal Agreements with other area cities to facilitate this contract. The Cities additionally receive a discount rate of 2.6914% when the contract is paid in an annual lump sum payment. This year's annual lump sum discount from Motorola reflects savings of $6,277.43. Currently, there are 2,543 radios and 21 radio consoles covered by this contract along with some additional miscellaneous equipment. The Interlocal agreements that were written to accommodate this contract were implemented so as to provide bulk discounting, thereby alleviating some of the costs on a per agency basis. The contract allows for the repair of our radio equipment, replacement of portable antennas if lost or damaged, replacement batteries for portables and other such items of benefit to the agencies represented. The addition of 123 radios plus the addition of two radio consoles account for the $10,603.68 incmase for maintenance this year. Only $626.36 of the increase will be incurred by the City of North Richland Hills, which is due to the addition of nine radios. '-- Fundina Source: 115-8012-531.43-65 001-9006-532.34-30 $ 206,161.74 $ 27,078.57 Recommendation: Approve Resolution No. 2002-083 authorizing payment to Motorola Communications for annual maintenance charges in the amount of $233,240.31. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Budget Director Page 1 of -1. - ~..--.--....._-_._~~-"--,_._- RESOLUTION NO. 2002-083 VVHEREAS, the City of North Richland Hills has a continuing maintenance agreement with Motorola to provide service for all radios and related Motorola equipment; and VVHEREAS, the City of North Richland Hills continues to receive a discount if this agreement is paid annually instead of monthly; and VVHEREAS, the total annual amount for the period from October 1, 2002 through September 30,2003 was billed by Motorola in the amount of $233,240.31 on October 1" 2002. V\fHEREAS, the Police Department is repaid a large portion of this amount from income from the Interlocal Agreement with other area cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS THAT: The City Manager be, and is hereby, authorized to sign the Service Agreement authorizing payment of the annual charges by Motorola in the amount of $233,240.31 from the following accounts: 115-8012-531.43-65 001-9006-532.34-30 $206,161.74 $ 27,078.57 PASSED BY THE CITY COUNCIL this the 28th day of October 2002. APPROVED: Oscar Trevino, Mayor A TrEST: Patricia Hutson, City Secretary AP~~VED AS TO C NT ~~t Thomas R. Shockley, Chief APPROVED AS TO FORM AND LEGALITY: Ge!orge Staples, Attorney for the City ® IIIIOTOIIOLA Vef.4.S SERVICE AGREEMENT 1307 East Al¡rpnquin ROlId Schaumburr¡. IL 60196 (800) 247-2346 Agreement Order #: 0621061270802 Supersedes Agreement #(s): 61S000235 Date: 1011~2 Company Name: North Richland Hills Consortium Attn: Chief Tom Shockly Billing Address: 7301 NE Loop 820 City, State, Zip: North RichIand Hills, TX 76180 Customer Contact: Mike Young Phone: 817-427-7003 Fax: Required P.O.: No Customer #: 1000220707 Bill to Tag # : 0001 Contract Start Date: 10/01102 Contract Expiration Date: 09I30I03 Auto Renew: No Payment Cycle: AnnuaHy Tax Exempt: No PO#: Qty Model/Option Description Monthly Ext Extended SVC290 1nfras1ructure Board Level Repair Services Repair of Fixed & Subsct1ber equlpment per attachtnetJ1s 2543 Subscriber Units $ 15,156.28 $ 181,875.36 New Units 19 Console 0peratDr postions $ 3,325.00 $ 39,900.00 6 SIPTerminaJs $ 300.00 $ 3,600.00 1 Bedford Accessories $ 123.00 $ 1,476.00 1 SouthIake Infrastructure $ 895.00 $ 10,740.00 2 Keller Consoles (6 Months) $ 175.00 $ 2,100.00 MfionaIterms. ~ and con<IIIons "'tis SERVICE AGREEMENT.... aIIached SUBTOTAl- RECURRING SERVICES $ 19,974.28 $ 239,691.36 SUBTOTAL - ONE-TIME EVENT SERVICES $ - SPECIAL INST'<:lJCTIONS - ATTACHSTATBIENT Of WORK FOR PER~E DESCRIPTIONS TOTAL $ 19,974.28 $ 239,691.36 24X7 on fixed equipment. Annual discount is .026914. Notification d Increase is Jan TAXES $0.00 $0.00 25,2003. Quantities added or deleted annually, or as they occur. Response on FIXed GRAND TOTAL $ 19,974.28 $ 239,691.36 Equipment is 2 hours notify and 4 hours on site. T&C's are attached. TI-IS SERVICE NoIOI..tIT IS suaJECT TO STATE & LOCAL TAXING . TO BE YERIf'IED BY MOTOROLA ~~\ ~ "~V' 1\ f ~~/2'f.O.~f \s,. SUBCONTRACTOR(S) C'''' I STATE DFW Communications Ar1i~ TX AUTHORIZED CUSTOMER SIGNATURE Mike Young ER (PR:INT NAM TITLE DATE CUstomer Support Manager TITLE 972-277-4608 PHONE Release Date: 4/30/02 Service Tenns and Conditions Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorolaj, and the customer named in this Agreement ("Customerj, hereby agree as follows: Section 1 APPLICABILITY These Slervice Tenns and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION "Agreement" means these Service Tenns and Conditions; the cover page for the Service Agreement or the Installati4Jn Agreement, as applicable; and any other attachments, all of which are incorporated herein by this refereno~. In interpreting this Agreement and resolving any ambiguities, these Service Tenns and Conditions will take prec}edence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. -Equipment" means the communication equipment that is specified in the attachments or is subsequently added to this Agreement. -Services" means those installation, maintemmce, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Custome!r accepts these Service Tenns and Conditions and agrees to pay the prices set forth in the Agreement. This Agl1eement wifl become binding only when accepted in writing by Motorola. The tenn of this Agreement will begin on the -Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. MotoroJa will provide the Services described in this Agreement or in a more detailed Statement of Work or other attachment. At Customer's request, Motorola may also provide additional services at Motorola's then- applicablie rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipme'nt will be Serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by MotoroJa will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates aft«:tr the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agre!8ment. Upon reasonable request by Motorola, Customer will provide a complete serial and model number Ilist of the Equipment. Customer must promptly notify Motorola In writing when any Equipment is lost, damaged. stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will tenninat«, at the end of the month in which Motorola receives such written notice. 4.5. Gustomer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology, or practical infeasibility, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. ,....._~:__ """____ __... "-..._..I:a.:___ r-I__I "_.. ftW"\".,^", ,,.."',, ._..__.........., 4.7. Customer must promptly notify Motorola directty of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner, use not in compliance with applicable industry standards; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries, magnetic tapes, etc.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combim~r, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the wor1dwide web, or for Equipment malfunction caused by such transmission medium. Sectiol1l 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequa1te shelter, heat, light, and power and with full and free access to the Equipment. Waivers of Uability from Motorol'9 or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customl~r will provide Motorola with designated points of contact (list of names and phone numbers) that will be availabh~ twenty-four (24) hours per day, seven fT) days per week, and an escalation procedure to enable Customt~r's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless .altemative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advanCE! for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, Slales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9 WARRANTY Motorol~1 warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days following completion of those Services. In the event of a breach of this warranty, Customnr's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro- rata basiis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS All OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A F)ARTICULAR PURPOSE. ''''--.:...- ....-..-- --.. ,...-_..~~___ '-:__f "_.. n,..."..,,...,.. ,^"'" c_..__...._~\ Section 10 DEFAUL TfTERMINATION 10.1. If either party defaults in the perfonnance of this Agreement, the other party will give to the non- perfonning party a written and detailed notice of the default. The non-perfonning party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cun~ plan immediately after plan approval. If the non-perfonning party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately tenninate this Agreement effective upon giving a written notice of tennination to the defaulting party. 10.2. Any tennination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of tennination. All sums owed by Customer to Motorola will become due and payable immediately upon tennination of this Agreement. Upon the effectivt~ date of tennination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability ¡in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the previous twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT TO THE FULL EXTENT SUCH DAMAGES MAY BE DISCLAIMED BY LAW, MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVJNGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RI:LA TED TO OR ARISING FROM THIS AGREEMENT. Except for money due upon an open account, no action may be brought for a breach of this Agreement more than one (1) year after the accrual of such cause of action. This limitation of liability will survive the expiration or tennination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDmONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. !Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreem4~nt, however, an inadvertent omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any tenns contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreeml~nt; (ii) dearty indicate the intention of both parties to override and modify this Agreement; and (iii) such purchaS4~ Order, acknowledgement, or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any infonnation or data in the fonn of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorolal's written pennission or as required by law, any such infonnation or data to any person, or use such infonnation or data itself for any purpose other than perfonning its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or tennination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical infonnation disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary infonnation, induding cost and pricing data. '''--.:-- T.___ __... ^.._....:,a.:.__ "':__1 "... "'".... '^"" ''''''''A 6____....,J\ 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services perfonned under this Agreement. Section 14 FCC UCENSES AND OTHER AUTHORIZATIONS CustomEtr is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for comptying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During tlhe tenn of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage ,on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorol~1 or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreeml~nt. If this provision is found to be over1y broad under applicable law, it shall be modified as necessary to confonn to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and retum it to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining tenns will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be govemed and interpreted in accordance with the laws of the State in which the Services are perfonned. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of perfonnance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its perfonnance, under this Agl'leement. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN VVRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.7. If Motorola provides Services after the tennination or expiration of this Agreement, the tenns and conditions in effect at the time of the tennination or expiration will apply to those Services and Customer agrees to pay for iSuch services on a time and materials basis at Motorola's then effective hour1y rates. ,...__..__ ..._..__ __... ^__...w.:___ r-:__I ....._~. "..""'. ,^" ,,...,... c___...._~" ® MOTOROLA Rev. 1/01 RatboParts and Service Group UnitBd StatBs / Canada Service Division-West NORTH RICHLAND HILLS RF CONSORTIUM MAINTENANCE AGREEMENT TERMS & FEATURES 1. Unlimited repair and check out of covered units 2. Unlimited reprograms of Subscriber Units (i.e. MobIles, Portables & control Stations) a. This excludes initial template building for new equipment purchases (existing template cloning of new equipment wiD be covered) 3. Preventive Maintenance check of system one time per year to be scheduled by the customer 4. Prices are set for the use ofRF Consortium agencies only. 5. Prices are per unit/per month, and include parts and labor. Definition of covered or not covered items is: a. Radio housing, antenna, single unit charger and internal components are covered. b. Remote speaker microphones may be added as on option by any member of consortium for $3.00 per unit per month. c. A $4.00 charge per month has been applied, and will continue to be applied for new units during the Warranty period. This charge provides coverage for programming & physical damage during Warranty. 6. Units that are physically abused, or water damaged will be covered up to $ 150.00 of combined parts and labor costs necessary to repair. Additional costs will be billed direct ftom the local service provider at a special rate of $ 85.00 per hour, plus parts 7. Maintenance Agreement covers the REPAIR or REPLACEMENT of one (1) antenna, and one (1) single unit charger per unit per year, if determined to be defective 8. Battery Maintenance (part of the agreement) is defined as RECONDITIONING or REPLACEMENT of batteries. A radio serial II and existing battery are required at the time of replacement. ( Date codes may be etched on the bottom or top of batteries-.) The contract will replace up to 1/2 of the batteries per calendar (contract) year, based on the quantity of units covered, per member of the tonsortium. 9. All repairs will be perfonned 8:00 am to 4:30 PM, Monday through Friday, except where noted otherwise (excludes weekends and holidays) 10. Pick up and delivery of subscriber portable units will be on demand, not to exceed two (2) calls per week (allow twelve (12) business hours response tme from initial request) 11. Fire and Ambulance mobile radios can be serviced at customer location Monday - Friday 8 :00 - 4 :30 (excludes Døve Clark, SetCom, and/or other appIIr'8tus equipment) All other mobiles must be serviced at one (1) of three (3) area Motorola Service. 12. Install and Removal services to be addressed on a per quotation basis 13. Repair time of subscriber units (I.e. mobiles, portables, and control stations) not to exceed five (5) working days, without notification of any parts backorder and/or other delays 14. Motorola Service Account Executive will be responsible for working with customer contract administrator, to track, update, and adjust equipment inventory as changes occur 15. Above contract work will be perfonned at $ 85.00 per hour, plus parts (exctusive to c:onsortiwn customers only) 16. Discounts will be applied for annual payment of contract in advance (discount rates to be determined at each contract renewal) 17. Telephone consultation and support will be provided at no additional charge fTom DFW Communications Inc. 18. Console Operator Positions are 5175 per operator position (Change for 200112002) 19. Central Electronic Bank Equipment: Full 24X7 coverage during the contract period 20. Control Stations are permanent instaDations & have not been treated as mobiles as was the intent of the contract. Repairs have been consistently made at the customer location. For the Contract Period 200112002, Control Stations will be offered at a billing rate of 515.00 per month. Programming will continue to be offered per the original contract terms, when taken to any ofDFW's service location 21. Time & Material Rates for non contract items f080w: Nonnal Business Hours 5105.00 per hour + parts. There is a trip charge of$48.00 for each call out. Hourly rate start on arrival at customer location After Hours have no trip charge. Hourly rate starts fÌ'om point of origin. The hourly rate is $157.50. The minimum charge is 4 hours or 5630.00 per trip. Southlake Infrastructure Equlpment,2001-2002 Qty 1 1 1 1 1 3 1 1 2 Description MTR2000 Repeater Micor Repeater Maxtrac Control Stn Spectra Consollete Tone Remote Interface Centra Com Console, Gold Elite Knox Box Encoder (Dispatch) Radius GM3000 Control Stn Remotes,1 Fire, 1 PD Total Gary Greg 817-481-2150 Unit Price Extended $ 120.00 $ 120.00 $ 120.00 $ 120.00 $ 27.00 $ 27.00 $ 31.00 $ 31.00 $ 13.00 $ 13:00 $ 175.00 $ 525.00 $ 12.00 $ 12.00 $ 27.00 $ 27.00 $ 10.00 $ 20.00 $ 895.00 Per Month CITY OF NORTH RICHLAND HILLS i.\... DepartmEmt: Administration Council Meeting Date: October 28, 2002 Subject: Bond Committee Report and Recommendations Regarding Capital Improvements Agenda Number: GN 2002-123 In eiarly summer 2002, City Council passed a resolution forming a Citizens Capital Improvements Study Committee. This committee consisted of a cross section of residents throughout our community and they began meeting July 2, 2002. They have met consistently every two weeks up until October 15. This committee worked diligently in closely reviewing and analyzing the numerous streets and drainage projects, City facilities, and miscellaneous projects that staff developed based on critical City needs, street conditions, ratings and other quantitative analyses. Throughout this process, the committee averaged between 15 - 18 in attendance and reviewed each project, asked numerous questions, devised their own ranking process, and ultimately reached consensus on a list of City projects to submit to City Council for consideration. \...- Mr. Charles Brinkley, Chairman of this committee, will be presenting the projects as recommended by the committee as a whole, which totals $38,210,000. Larry Koonce, Finance Director, has information attached (Attachment A) that outlines the City's debt capacity, funding opportunities, and the ability to follow the committee's recommendation of having no increase in the tax rate for debt purposes. Also at the meeting, several representatives of the Committee will be present to lend their support. Mr. Brinkley will make a PowerPoint presentation that outlines the key components of the report. Also included in your packet is a list of projects that are being recommended by the committee (Attachment B). Mr. Brinkley will be providing at the Council Meeting a book that describes each project, a picture, as well as the justification and estimated cost. The Director of Finance and Managing Director of Administrative/Fiscal Services met with the Finance subcommittee to discuss the City's ability to fund a capital Improvements program over the next several years. Staff presented a debt capacity analysis (see attached) which calculated the City's ability to issue debt from 2003 through 2010. Keeping the existing $.57 tax rate was assumed for each year as well as maintaining the existing debt rate of $.24. This analysis also assumes conservative growth estimates of 3% annually for existing property, and new construction trends declining from $80 million in 2004 to $40 million in 2010 as the City approaches build-out. . Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget ..~.~ Department Head Signature Finance Director P;:m¡:> 1 nf ? CITY OF NORTH RICH LAND HILLS .....1p8rtment: Economic Development Council Meeting Date: 10/28/02 ~bjèCt: Consider ApproVing Joint Contract with Richland Hills Agenda Number: GN 2002.124 For consulting servIces WItl1 Lerana lionsumng ~roup tor :soum ~rapevfne Highway Strategy - Resolution No. 2002-088 The City of North Richland Hills and Rlchland Hils have formed a partnel:$hlp to develop a strategy to renew and reinvigorate the South Grapevine Hghway Corridor. The Corridor includes Grapevine Hghway south of Loop 820 and related portions of Rufe Snow and Glenvíew Drives. The Cities wish to support redevelopment In the area, encourage further investment, and establish a new identity for the area. In August, city staff sent out approximately, twenty-fIVe, Requests for Proposals for a consultant to perform the South Grapevine Highway Corridor StratEIgY. The City received seven proposals. After reviewing the proposals and checking references,staff chOse three firms to InteNiew in September. Both cities overwhelmingly agreed Leland Consulting Group Is.the best firm to lead the project. Leland is prosposing$88,OOO for the study to be shared equally between the City of . North Richland Hills and City of Richland Hills. Leland has extensive experience In "commercial corridor" revitalization. . They have dedicated .,ior level principles to work on the projèCt. Their approach focuses·on "real world" applications that will lead to a strategy for "action". The South Grapevine Highway Corridor StratEIgY has four phases; a market analysis, community consensus building, feasibility study, and redevelopment plan. The phases are listed below: 1. Mark.t Analysis: The Market Analysis includes a physical site analysis and overview of best and maximum uses for the Corridor; field and site surveys to coIIecUnformation on public facilities, utilities, parcelization, street layout, and code violations; base mapping to pI'OVide the cities with a measure for change and targeted Investment; and an economic and market assessment focusing on consumer expenditure patterns, local and regional economic trends, property ownership and values, land prices, and demographic characteristics. \...- Community Meetings: Supporting Docum.nts: Estimated Time Frame: On. Major Klck-off Møting Base Mapa, Land UseOocuments, Business Inv.ntory Ust, Mark.t and Economic ProfIl. 4 Months 2. Community Consensus Building: The Community Consensus Building phase inclUdes a Business and Property Owner Survey.to identify market segments and determine what typed land, product types, and amenities are desired; Focus Groups and One-On-One Interviews in on:ter to broaden community participation and incorporate -street sense" Into the process. Community Meetings: Supporting Docum.nts: Estimated Tim. Fram.: 3 Focus Group Workshops, Sev.raIOn...on-on. Intervi.ws Busin... and PropeltyOwn.r Survey, List of Opportunitl.. and Barrl.... to Dev.lopment 2 to 3 months Source of Funds: Bonds (GOlRev.) Operating Budget other .Je~ ~ '-- Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director '- CITY OF NORTH RICH LAND HILLS 3. Feuibllity Study: The feasibility study involves the selection fA mechanisms to further choose revitalization programs for the Corridor, their potential impact and leveraged return; preliminary development takes into consideration the amount fA publiC:: and private Investment needed to realize the CorrIdor's market potential. Community Meetings: Meetings with City Representatives and . Ad Hoc Committee Members Supporting Documents: Physical Profile, Economic Development and Business Profile, Preliminary Dev.lopment Program Altematlves and Activity Nodes, List of Priorities and Sequencing Timetable Estimated Time Frame: 2 months 4. Redevelopment Plan: An Implementation Strategy will Include short and long tenn action strategies and tools to carry the plan forward, zoning tools, incentives, financing, key pubic (capital) projects, and business support programs; an organizational assessment will determine a structure to carry out goals, leverage resources, and ef'Isure public and private accountability; a budget for action will identify incentives to attract Investment and create a favorable environment for Investment. Community Meetings: One Wrap-Up MeetIng Supporting Documents: Redevelopment Plan, Set of Strategies, Phased Action Items, Organizational Recommendations, ·Budget Estimated Time Frame: 1 to 2 months ',-- The City and Leland both expect that once the project Is underway, there wllI.be several additional meetings and documents produced In addition to what is listed above. The total project 18 expected to be complete in eight months. Performance measures have been added to the contract. Leland Consulting Group will only be paid when work tasks are completed In order to hold them accountable for their \Wrk. The total project costs will notexceecl $88,000. The costs of the project will be split equally by the City fA North Richland Hills and the CIty fA Richland Hills. Each city will pay $44,000 towards the cost of the project. As VIe mentioned to the Council rEtCentIy, the Richland Hills City Council has reviewed this proposal at their last Council meeting and would like to proceed. The City believes Leland Consulting Group Is the.best finn to lead on the South Grapevine Highway CorrIdor Strategy. N. the Council Meettngafter John Pitstick presents this item and recommendation, VIe would like Bill Cunningham fA the Leland Group to give a brief overview fA how his finn will conduct this work. We believe this would be helpful to understand the overall study approach. Reco~m.ndatlon: To approve Resolution No. 2002-088 authorizing the City Manager to sign a contract with Leland Consulting Group for an amount not to exceed $44,000 for a joint study with the City fA RIchIand Hills for the South Grapevine Highway Corridor Strategy. "- CITY COUNCIL ACTION ITEM RESOLUTION NO. 2002-088 A RESOLUTION AUTHORIZING A JOINT CONTRACT WITH RICHLAND HILLS FOR CONSULTING SERVICES WITH LELAND CONSULTING GROUP FOR SOUTH GRAPEVINE HIGHWAY STRATEGY Whereas, The City of North Richland Hills and the City of Richland Hills have solicited proposals for a South Grapevine Highway Corridor Strategy; and Whereas, The team of Leland Consulting Group out of Denver, Colorado, and HNTB Planning Firm out of Dallas, Texas were found to be the best firms to lead the South Grapevine Highway Corridor Strategy by the two cities; and Whereas, The South Grapevine Highway Corridor has long been recognized as one of Northeast Tarrant County's major commercial centers; and Whereas, In recent years, the South Grapevine Highway Corridor has suffered from disinvestment and many businesses have moved out of the area to locate to newer, more modern shopping centers; and Whereas, New projects are generating renewed interest in the South Grapevine Highway Corridor, and the City would like to support the redevelopment taking place in the area; and Whereas, The ultimate goal and public purpose of Economic Development Agreements and programs is to attract new employers, jobs, and investments into the City, strengthen the City's tax base, and enhance the City's ability to provide municipal services to its citizens; and Whereas, The South Grapevine Highway Strategy will benefit the City and the businesses and residences along the South Grapevine Highway Corridor, would contribute to the retention and expansion of primary employment in the City, and would increase ad valorem tax revenues and sales tax revenues in the City, and Whereas, Based on these findings, the City proposes to execute a joint agreement with Richland Hills for consulting services with Leland Consulting Group to perform a South Grapevine Highway Corridor Strategy; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: That the City of North Richland Hills City Council does hereby authorize the City Manager to execute a joint agreement with the City of Richland Hills for consulting services with Leland Consulting Group for a South Grapevine Highway Strategy for $88,000 to be split equally by the City of North Richland Hills and the City of Richland Hills. A substantial copy of the agreement is attached hereto and incorporated herein for all intense and purposes. PRESENTED AND PASSED on this the day of ,2002, at a regular meeting of the City Council of North Richland Hills, Texas. OSCAR TREVINO, MAYOR ATTEST: APPROVED AS TO FORM: GEORGE STAPLES, CITY ATTORNEY LELAND CONSULTING GROUP L: 1 October 2002 Ms. Ashley Stathatos Marketing and Research Coordinator Economic Development Department CITY OF NORTH RICHLAND HILLS 7301 NE Loop 820 North Richland Hills, Texas 76180 Dear Ms. Stathatos: On behalf of Leland Consulting Group (LCG), Real Estate Strategists and HNTB, Community and Transportation Planning, we are pleased to present this proposal to assist the Cities of North Richland Hills and Richland Hills (client team) with preparation of a revitalization strategy for the South Grapevine Highway Corridor. This analysis will provide the client team and other project advocates with recommendations which will produce tangible results, and information which will lead to careful investment and a well-served market. UNDERSTANDING OF THE SITUATION It is an undisputed truth that a community's commercial corridors and business districts are the barometer of its overall quality-of-life. Area-wide and local chamber of commerce executives, economic development specialists, and industry recruiters have found time and again that projects are often won or lost based on one single criterion - the condition and economic health of community's commercial business districts. Employers have found that vibrant districts and corridors significantly increase their ability to attract and retain high quality employers - whether or not the business are present - thereby minimizing turnover and associated personnel costs. City officials have found that bond rating companies often include the economic prosperity of commercial business districts as one criterion they consider when determining a city's bond rating. 610 SW Alder Street Suite 1008 Portland. OR 97205·3611 ph 503.222. 1600 ft 503. 222. 5078 Throughout the country, public and private entities are participating in the revitalization of their commercial business core. In a report prepared for the American Public Power Association, several utility companies surveyed explained the basis for their participation in enhancement efforts, including the following: a thriving business district is a good recruitment tool for industry; corridor enhancements stimulate the economy and adds jobs; economically, everyone benefits from a healthy business core; a viable core infrastructure is essential to economic development in the whole area; a better commercial business corridor increases tourism in the area; and, it is a good investment. Cities throughout the country who have undertaken similar efforts have found that benefits to the community are multi- faceted and multiplicative. Specifically, quality of life is enhanced, the number and diversity of job opportunities are increased, and dollars are invested. www.lelandconsulting.com 694 South Gaylord Street Denver, CO 80209 ph 303. 458. 5800 ft 303. 458. 5420 12770 High Bluff Drive Suite 360 San Diego, CA 92130 ph 858. 509. 1699 ft 858. 509. 0274 . Real Estate Strategists L: LELAND CONSULTING GROUP The Cities of North Richland Hills and Richland Hills, together with community stakeholders, are seeking the assistance of professionals experienced in understanding the unique opportunities and challenges presented by the commercial business core environment. Specifically, you are seeking the assistance of experts who can work with the community to develop economic redevelopment strategies for the execution and implementation of projects, programs and policies which will effectively and profitably leverage investment in commercial corridors over the near- and long-term. PROJECT ApPROACH The Leland Team's approach to corridor revitalization efforts such as this is to develop an understanding of the demands of the marketplace, barriers to investment (regulatory, financial, physical and market), and valued assets of the environs, while educating and building support. The identification of "cheerleaders" who will carry the urban corridor banner and implement the actions identified through this process will be critical to the success of the strategies. Central to this approach is a commitment to delivery of a strategy for action, not a study with a limited shelve- life. A detailed description of our proposed scope of work is contained in Attachment A. CONSULTANT TEAM The consultant team assembled to accomplish the project goals is led by Leland Consulting Group (LCG). LCG is a national organization with a reputation spanning more than 30 years. Because of extensive cross-training in market research, financial analysis, economic development, planning, public policy and real estate development, the principals of LCG bring a high level of reality and practical experience to their assignments with actual development expertise in- house. In total, the firm has completed more than 1,500 assignments throughout the United States. Among these are central city reinvestment efforts for: Lincoln, Nebraska; Des Moines, Iowa; Dubuque, Iowa (waterfront); Colorado Springs, Colorado; Montrose, Colorado; Portland, Oregon; Bend, Oregon; Fort Worth, Texas; Midland, Texas; and Corpus Christi, Texas. As a principal-intensive organization, our clients are assured that only senior level professionals will direct and conduct the work. We feel that assignments such as this deserve the time and focus of seasoned professionals whose years of judgment and experience bring substantial added value to the process. We are committed to bringing this assignment to a successful conclusion, and we believe that our experience and qualifications appropriately demonstrate our capacity to make these assertive statements. Submitting with us is HNTB. HNTB has a long history of serving public and private sector clients throughout the western United States - providing urban design, transportation planning, and public facilitation expertise for a wide variety of . Leland Consulting Group, Real Estate Strategists Page 2 of2 L: LELAND CONSULTING GROUP community revitalization projects. The principals of LCG Denver and HNTB have recently worked together on several community-wide initiatives designed to build support and encourage private investment. PROJECT BUDGET AND TIMING The proposed timing and budget for this assignment are summarized as follows: Project Timing: Total Project Budget (Not-To-Exceed): 7 to 8 Months $88,000 TERMS OF PAYMENT AND OTHER CONDITIONS Leland Consulting Group will submit invoices to the Cities requesting payment for work accomplished by work task. Payment of invoices will be made by the Cities upon receipt of invoices by Leland Consulting Group. SUMMARY In summary, we are excited by the opportunity to work with you and your communities. As experienced advisors to public sector clients throughout the United States, we understand how to take a project such as this from inception to completion -- moving from the general to the specific, building support along the way and ending with a project that is responsive to market and economic realities, as well as community desires. The firm's core practice is working for communities preparing infill strategies, transit-supportive and corridor revitalization programs for rural and urban communities throughout the Midwest, Western and Southern United States. For this reason, we maintain the availability for our principals to work on projects such as this one. If you have any questions regarding this submittal, please contact either Anne Ricker or Bill Cunningham at (303) 458-5800. Both of these individuals are authorized to execute an agreement on behalf of Leland Consulting Group. Neither of these individuals, nor the other team members, has a conflict of interest in completing this project. Contact Information: Anne B. Ricker 694 South Gaylord Street Denver, CO 80209 303.458.5800 P 303.458.5420 f aricker@lcgdenver.com Bill J. Cunningham 694 South Gaylord Street Denver, CO 80209 303.458.5800 P 303.458.5420 f bcunningham@lcgdenver.com . Leland Consulting Group, Real Estate Strategists Page 3 of3 LELAND CONSULTING GROUP L.: ACCEPTANCE OF PROPOSAL Thank you for the opportunity to submit this proposal. In order to initiate our services according to the attached work scope, please sign below and return a copy of this contract to us. FOR THE CITY OF NORTH RICHIAND HILLS: Mr. Oscar Trevino Mayor Date Mr. George Staples City Attorney Date Mr. Larry Cunningham City Manager Date FOR THE CITY OF RICHIAND HILLS: Ms. Nelda Stroder Mayor Date Mr. Tim Sralla City Attorney Date Mr. Jim Quinn City Manager Date \0 Date . Leland Consulting Group, Real Estate Strategists Page 40f4 L: LELAND CONSULTING GROUP LELAND CONSULTING GROUP STANDARD ENGAGEMENT TERMS AND CONDITIONS Our report(s) submitted to you will be based on estimates, assumptions and other information developed from research of the market, our knowledge of the real estate industry and meetings during which you will provide certain information. The sources of information and basis of the estimates and assumptions will be stated in the appropriate sections of our report(s). The terms of this engagement are such that we will have no obligation to revise our report(s) or the projected market and/ or prospective financial analysis to reflect events or conditions which occur subsequent to the last day of our field work. However, we will be available to discuss the necessity for revision in view of changes in the economic or market factors affecting the proposed project. We will not ascertain the legal and regulatory requirements applicable to this project. Further, no effort will be made to determine the possible effect on this project of future federal, state, or local legislation including any environmental, growth restrictions, or ecological matters or interpretations thereof. We will not investigate the presence or issue of toxic material, asbestos or other pollutants in, on, or adjacent to the subject property. We recommend that an experienced specialist investigate these matters. With respect to market demand analysis, our work will not include any analysis of the potential impact of possible energy shortages. Since our market analysis will be based on estimates and assumptions, which are inherently subject to variation depending upon evolving events, we will not represent them as results that will actually be achieved. Our report is intended for internal use by you, the client. Otherwise, neither our report not its contents may be included, referred to or quoted in any offering circular, registration statement, prospectus, appraisal, loan application or other agreement or document in whole or in part without the written consent of Leland Consulting Group. From time to time, and/ or at your request, we may issue a draft report, discussion outline or other interim document(s). This/these draft report(s) and documents are not to be relied upon to make management! investment decisions nor are they to be presented to a third party in summary, in part, or in total. This/ these draft report(s) and other interim documents are to be used for internal discussion purposes only. Either party, the City or Leland Consulting Group, reserves the right to terminate this contract. In the event that the client or Leland Consulting Group elects to terminate this agreement, the initiating party must notify the other in writing. In such event, the client agrees to pay Leland Consulting Group for all professional fees and expenses incurred up to and through the date of receipt of notification to terminate this agreement. Leland Consulting Group reserves the right to withhold delivery of any report document until any outstanding invoices are paid in full. The client agrees that Leland Consulting Group cannot be held responsible for any delays caused by the client, agents acting on behalf of the client, acts of nature, or the actions of others from whom the completion of this engagement depends. Leland Consulting Group and HNTB are Independent Contractors and agree to indemnify the City against all claims of employees of such firms and from claims arising out of actions of such firms, their officers and employees. This agreement may be amended only in writing executed by both Leland Consulting Group and the client. . Leland Consulting Group, Real Estate Strategists Page 5 of5 LELAND CONSULTING GROUP L: THE LELAND TEAM SCOPE OF WORK SOUTH GRAPEVINE HIGHWAY CORRIDOR STRATEGY OCTOBER 2002 The following scope of work is principally based on: a review of your Request for Qualifications and stated objectives for this assignment; preliminary field analysis of the study area; experience working with communities promoting the revitalization of commercial corridors; as well as research of public and private sector efforts in other markets. The cities' role throughout the planning process is defined in the work tasks below. WORK TASKS 0.0 Stakeholder Involvement - Meet with project participants (including property and business owners) in a variety of settings to obtain information related to the study area and its context within the region, i.e., ownership patterns, existing structures, infrastructure, unique conditions, market knowledge, barriers to investment, past efforts, etc. Meeting formats will be tailored to the availability of participants, but are anticipated to include: one-on-one interviews, breakfast and lunch meetings, meetings and presentations with/ to professional organizations (Rotary, League of Women Voters, student organizations), etc. Stakeholders would include developers, lenders, representatives from public and non-profit agencies, elected officials and others who would eventually be a part of the implementation of future projects. Prepare an overview of insights gained, barriers to overcome, and opportunities to be capitalized on. Work with cities' ad hoc or task force committees - sharing insights gained and soliciting guidance on recommendations and policy issues. Meet with the committee - at the beginning to establish goals for the process and desired outcomes; during the process to inform and redirect (where necessary) the approach; and, at the end to review the findings and recommendations. Phase I: Market Analysis 1.0 Physical Site Analysis - Work with cities' project representatives and any relevant task force members to discuss and refine the study area boundaries. (Note: Boundaries may be adjusted at various points throughout the process based in insight gained and potential implementation strategies.) Catalogue existing physical improvements and features through photographs, surveys and plans. This information will assist in documentation of existing character, landmarks, underutilized lands and potential opportunities for development and redevelopment. Prepare a land use document including a discussion of density, F.A.R., general uses, parking and tenant mix. An overview of best and maximum use, specific to the larger geographical region, will yield short- and long-term . Leland Consulting Group, Real Estate Strategists Page 1 of 1 L: LELAND CONSULTING GROUP 2.0: exceptions and recommendations for specific programming of land use and tenant type. Field Survey and Verification - Complete field and site surveys to identify select conditions present within the corridor, their location and extent, and deficiencies. Collect relevant information on public facilities, parcelization, street layout, parking, land use, utilities, code violations, ownership, and other appropriate data. Gather and "ground-truth" business inventory with ownership records and categorize across several data points (e.g., value, location of owner, taxes paid, etc.) Base Mapping - Prepare a series of base maps to document the location and condition of selected information including, i.e., study area and area of influence, easements, other physical, market and political information. The purpose of the base maps will be twofold - provide the cities with an illustrative measure for change and targeted investment; and, meet legislative requirements for establishment of potential funding entities (special districts). Economic/ Market Assessment - Complete economic and market reconnaissance in order to become familiar with conditions in the corridor and their influence (trade) area - through site inspections (Task 2.0), review of relevant studies and reports, and interviews with key leaders and advocates - gain a working knowledge of prevailing factors which are affecting investment. 3.0 4.0 Collect and analyze relevant information on key indicators including consumer expenditure patterns, assessed valuation, property ownership and values, economic and demographic characteristics, land prices, etc. Evaluate the strengths and weaknesses of the areas' economic and market base with relationship to local and regional trends, in order to identify the underlying causes of growth and development and the potential for various niche land use opportunities in the study area. Quantify demand by land use, and product type. Prepare a market and economic profile including data for the region, community and corridor influence areas. Information related to market opportunities will be used as the basis for recommendations related to future development concepts. Phase II: Community Consensus Building 5.0 Business/Property Owner Survey - The objective for completion of a business and property owner survey will be twofold - generally, to articulate benchmarks for actions associated with revitalization of the corridor; specifically, to identify market segments most likely to be interested in commercial and business products in the South Grapevine Highway Corridor. With the results of a statistically accurate survey mechanism in-hand, LCG will work with the client team to determine what type of land and product types are needed/ desired; what amenities potential users require; what the market is willing to pay for these amenities; and, support for specific financing mechanisms. 6.0 Focus Groups/One-on-One Interviews - Facilitate a series of three 2 to 3 hour focus group/workshops to broaden community participation and to incorporate qualitative knowledge or "street sense" into the process. Focus . Leland Consulting Group, Real Estate Strategists Page 2 of2 L: LELAND CONSULTING GROUP groups will be targeted to specific segments of the community and designed to be results-oriented, providing immediate ideas and a foundation for revitalization tools and strategies. Suggested groups include: Business Owner Focus Group: This session will be oriented to corridor businesses, including retail, entertainment and service. The session will include a facilitated discussion of the customer base, area strengths, weaknesses and competition, leading to a group definition of the corridor's "competitive advantages". Based on this understanding, participants will be asked to suggest methods and financing mechanisms for capitalizing on strengths and mitigating weaknesses. Property Owner Forum: This session will include a facilitated discussion of the corridor's economic and physical strengths and weaknesses. Property owners will then be asked to suggest methods and financing mechanisms for capitalizing on strengths and mitigating weaknesses. An interactive" priority setting exercise" will complete the workshop. The format will accommodate up to 25 participants. Workshop To Be Determined: The third workshop will be determined following initiation of the project. Options include a community forum for residents or a focus group for city/state agency representatives to discuss the local regulatory environment including building codes and zoning requirements. One-on-One Interviews: In addition to focus groups, complete one-on-one meetings with key property and business owners including representatives of the development delivery system such as public officials, financiers, developers and others. The purpose of these interviews will be to discuss opportunities and constraints to past and future development efforts. Upon completion of this outreach effort, prepare a list of barriers in the community's development "delivery system" identified during the focus groups and incorporating community perceptions identified during interviews and meetings of opportunities, constraints and past forces which have molded the corridor. Phase III: Feasibility Study 7.0 Opportunities and Constraints Analysis - Establish a common baseline of technical information useful in the corridor redevelopment strategy process. Data will be used to understand physical and economic opportunities and constraints on growth in the corridor, mechanisms to further select revitalization programs, their potential impact and leveraged return. Physical data to be considered includes: land use inventory; historic building designations; zoning; arterial and collector street plans; utilities and infrastructure; comprehensive plan; traffic data; and, facilities information. Prepare a physical profile of the corridor market, identifying those elements . Leland Consulting Group, Real Estate Strategists Page 3 of 3 L: LELAND CONSULTING GROUP and components of the area which define its particular character - significant assets to be preserved and barriers to be eliminated or reconfigured. Economic development and marketing data to be considered includes: performance of existing districts; incentive and abatement programs; neighborhood coordination; past partnerships; and, business promotion and recruitment. Prepare an economic development and business profile of the corridor market, identifying those elements and components which have been employed and are effective, as well as those that might be reoriented to better reflect opportunities. 8.0 Preliminary Development Concepts - Based on the findings of the market analysis, as well as insight gained through the completion of previous tasks, (indicators and trends), identify development opportunities, and quantify market potential and the capacity of the local delivery system. Together with the cities' project representatives and ad hoc committee members, prepare development program alternatives for the corridors and select activity nodes illustrating land use, density and tenant mix. For each of the activity nodes, document the location and condition of selected information including: area of influence, neighborhood connections, supporting/ conflicting parcels, regulatory impacts, and other factors which will impact investment. 9.0 Positioning Strategy - Develop priorities for public and private investment to realize the Corridor's market potential and niche opportunities. The Leland Team will work with the client team to establish criteria for evaluation and prioritization. The team together with the city will develop priorities and a sequencing timetable. Collectively, project representatives and the consultants will participate in a priority setting process to help guide the investment strategy. Phase IV; Redevelopment Plan 10.0 Implementation Strategy - Information from the previous tasks will be used to formulate a set of strategies for the short-term that lead to long-term changes desired by the cities and concerned owners and developers of the properties within the corridor. The Leland Team will work with the cities to define specific phased action items to carry forward the plan elements to implementation. These action items could include specific zoning tools, development incentives, financing mechanisms, key public (capital) projects and business support programs. 11.0 Organizational Assessment - The Leland Team will suggest modifications to the organizational structure of public and private entities involved in corridor revitalization. Organizational goals will include eliminating duplication, maximizing cost effectiveness, leveraging resources and ensuring accountability to both public and private constituencies. Organizational recommendations could be developed with a sub-committee of the task force committee consisting of representatives from affected organizations. 12.0 Budget for Action - Identify sources of funds to implement the strategy from a variety of public and private sources. In addition, identify development . Leland Consulting Group, Real Estate Strategists Page 4 0/4 L: LELAND CONSULTING GROUP incentives necessary to attract investment and create a more favorable environment for private investment, including: land write-downs; taxing policies; rent abatement programs; and others. PRO~cTTIMmqBuDGIT Timing*: 7 to 8 Months Total Project Budget (Not- To-Exceed): $88,000 * Many work tasks will be completed concurrently. . Leland Consulting Group, Real Estate Strategists Page 5 of5 LELAND CONSULTING GROUP L: THE LELAND TEAM SCHEDULE OF DELIVERABLES SOUTH GRAPEVINE HIGHWAY CORRIDOR STRATEGY OCTOBER 2002 WORK TASKS 0.0 Stakeholder Involvement - One-on-One Interviews (20 - 25) Meetings and Presentations with/to Professional Organizations (4) Task Force Committee Meetings (To Be Determined) Council and Commission Meetings/ Adoption Hearings (4) Phase I: Market Analysis 1.0 Physical Site Analysis - Catalogue of Physical Improvements (photographs, surveys and plans) Land Use Document 2.0: Field Survey and Verification - Field and Site Surveys Business Inventory 2.0 Base Mapping - Base Maps 4.0 Economic/ Market Assessment- Market and Economic Profile Demand (Void) Analysis by Land Use Phase II: Community Consensus Building 5.0 Business/Property Owner Suroey - Business and Property Owner Survey Community Benchmarks 6.0 Focus Groups/One-on-One Interviews - Focus Group/Workshops (2 - 3) Barriers Analysis (Opportunities and Constraints Analysis) . Leland Consulting Group, Real Estate Strategists Page 1 of2 LELAND CONSULTING GROUP L: SCHEDULE OF ÐELIVERABLES SOUTH GRAPEVINE HIGHWAY CORRIDOR STRATEGY (CONT'D) Octo ber 2002 Phase III: Feasibility Study 6.0 Opportunities and Constraints Analysis - Physical Profile Economic Development and Business Profile 7.0 Preliminary Development Concepts- Development Program Alternatives (Documented and Illustrated) 8.0 Positioning Strategy- Priorities and Sequencing Timetable Phase IV: Redevelopment Plan 9.0 Implementation Strategy - Phased Action Items 11.0 Organizational Assessment- Organizational Goals 12.0 Budget for Action - Sources of Funds Development Incentives Implementation Strategy . Leland Consulting Group, Real Estate Strategists Page 2 of2 CITY OF NORTH RICHLAND HILLS T)epartment: Planning & Inspections Department Council Meeting Date: 8/26/02 '-^ Subject: Public Hearing to Consider an Ordinance amending Agenda Number: PZ 2002-20 and revising the Planned Development regulations of the city. Ordinance. No. 2647 Case Summary A number of concerns continue to arise regarding our current planned development (PO) regulations and how they have become a way to get around. newly established development standards. It seems that most requests for planned developments involve deviations from zoning district regulations in an effort to reduce standards rather than dealing with unusual situations on properties that are hard to develop. Planned Development (PO) zoning was established to allow larger tracts with mixed uses that could be processed concurrently for simplicity and efficiency or to allow difficult tracts to be developed or redeveloped with reasonable variances. Planned Developments are not typically used simply to get variances from signs or subdivision regulations. The City Council has established Quality Development and Redevelopment as a major goal for the City, and has adopted new regulations to raise the community's development standards. In the past couple of years the City of North Richland Hills has adopted new standards for masonry, landscaping, buffering and architectural features while many of the planned development cases involve reduction in these standards without offering offsetting amenities. In an effort to encourage proper community standards for planned development requests while still allowing for unique development and redevelopment situations, City Council has directed staff to categorized Planned Developments into three types of requests. . (RD) Redevelopment of Existing Sites (R) New Single Family Developments (NR) New Multifamily & Commercial Developments Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Other _ ~ ".JQM Account Number Sufficient Funds Available Finance Director Department Head Signature ~~ PZ 2002-20 PD changes CC sum. CITY OF NORTH RICHLAND HILLS Redevelopment of Existing Sites (RD) - The new ordinance includes all planned development requests that involve redevelopment of existing sites be able to request deviations from all development standards when unique situations or difficulties are demonstrated in meeting current development requirements. Each deviation request not caused by an existing condition shall require documentation outlining a unique development request other than financial. New Single Family PD's (R)- The new ordinance requires all new planned development requests that involve single family developments must meet the follòwing minimum standards: -must be a minimum of 10 acres -can only deviate lot size and access -no deviations from minimum dwelling unit sizes and general conditions such as fences and parking requirements -restricted to maximum density of base district New Non-Residential and Combined PD's (NR) - The new ordinance requires that all new planned development requests that involve commercial developments or combined commercial and residential planned developments must meet the following minimum standards: -must be able to describe a unique development situation, other than financial for all requested variances -are limited to 40% residential uses -cannot increase the overall density as established in the base district -are restricted to deviations from land uses, lot and area requirements, parking, landscaping, screening and lighting . -are not allowed to apply for deviations from signs and masonry requirements The above recommended regulations support recently established development standards yet allow for unique situations and hard to develop properties to seek relief and encourage proper development in North Richland Hills. Recommendation: The Planning & Zoning Commission met on Thursday, August 22, 2002 and voted 6-1 (Bowen> to deny the proposed PO ordinance. The City Council held a public hearing and tabled the item on August 26, 2002. Following a joint work session on October 3, 2002 with the Planning & Zoning Commission that clarified Council goals and interests in upgrading standards, both Council and P&Z concurred that these proposed improvements to the PO district are needed. Therefore, this item was placed back on the agenda for October 28,2002. No further public hearing is required. t CITY COUNCIL ACTION ITEM Page 2 of L CITY OF NORTH RICHLAND HILLS These proposed changes to the PO ordinance are a "stop gap" measure and over the next few months staff will thoroughly review the Planned Development ordinance with the Planning & Zoning Commission and bring back any further changes with a formal recommendation from the P&Z Commission. To approve Ordinance No. 2647 creating new regulations for Planned Development zoning districts. -- r CITY COUNCIL ACTION ITEM Page ~ of 3_ ._-". _...._~---~._----"'"-~_.. ORDINANCE NO. 2647 2 4 AN ORDINANCE AMENDING SECTION 520 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND IDLLS, TEXAS, REVISING THE REQUIREMENTS FORPD PLANNED DEVELOPMENT DISTRICTS; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 6 8 10 WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and 12 14 16 WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, 18 20 WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, 22 - 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 26 Section 1: THAT Section 520 of the Comprehensive Zoning Ordinance of North Richland Hills be amended to read as follows: 28 30 "SECTION 520: PD - PLANNED DEVELOPMENT DISTRICT 32 A. GENERAL PURPOSE AND DESCRIPTION 34 The Planned Development District is intended to provide for three distinct types of applications requiring planning and site plans but with differing standards. It is designated by a base district designation with a "PD" suffix. The three types of applications are: 36 38 (a) (b) (c) Redevelopment of fully developed non-residential property (RD); New residential development (R); and New non-residential development and new development of non-residential uses combined with residential uses (NR). 40 42 44 Such planned development designations shall only be used with base districts with appropriate regulations to permit flexibility in the use and design of land and buildings in situations where modification of specific base district regulations is not contrary to its intent and purpose, or W,\NRH\General\Ordinances·Completed\Text Change.2647.wpd 1 2 significantly inconsistent with the planning on which it is based and will not be haffi1ful to the community. While great flexibility is given to provide special restrictions which will allow development not otherwise peffi1itted, procedures are established herein to insure against misuse of the increased flexibility. The PD suffix for PD districts created after October I, 2002, shall include the type "(RD), (R), or (NR)" PD application. 4 6 B. PERMITTED USES 8 10 Any use specified in the base district as limited by the site plan adopted by the ordinance granting a Planned Development District shall be peffi1itted in that district. The size, location, appearance, and method of operation may be specified to the extent necessary to insure compliance with the purpose of this ordinance. 12 14 c. DEVELOPMENT STANDARDS 16 1. General Development standards for each separate PD District shall be those of the base district as modified by the site plan adopted by the ordinance granting the PO District. No PD District shall be created except in combination with a base district designation. All PD applications and site plans shall list all requested deviations from the standard requirements set forth in the base district (applications without this list will be considered incomplete). 18 20 22 "'4 2. (RD) Standards Redevelopment (RD) PD Districts shall be limited to non-residentially zoned property with existing structures and may be of any size and shall be allowed deviations from the base district iflisted in a site plan approved by the ordinance creating the PO District. Such deviations shall be limited to lot and area requirements, land uses, masonry requirements, parking, access, screening, landscaping, accessory buildings, signs, lighting, and other requirements as the City Council may deem appropriate. 26 28 30 32 34 3. (R) Standards Residential (R) PD Districts shall be a minimum of ten (10) acres in size and shall not be peffi1itted any deviation from base district standards except for access and for lot and area requirements other than dwelling unit size and then only if the maximum density of the base district is not exceeded. No deviation from minimum dwelling unit size or General Conditions of base districts shall be peffi1itted. Site plans may include typical elevations and shall include any restrictions imposed by council action. 36 38 40 42 4. (NR) Standards Non-residential (NR) PD Districts shall be limited to new non-residential and combined residential and non-residential undeveloped property and shall be a minimum of three acres in size and shall meet all the base district requirements 44 W,\NRH\General\Ordinances·Completed\Text Change.2647.wpd 2 2 unless the site plan approved by the ordinance creating the district specifically allows one or more of the following deviations therefrom: land uses, lot and area requirements, parking, access, screening, fencing, landscaping, accessory buildings, density, and lighting. No deviations from sign and masonry requirements of the base district shall be permitted. Residential uses in these districts shall not exceed 40% of the total area of the district. 4 6 8 D. ORDINANCE REQUIRED 10 In approving a Planned Development District, the amending ordinance shall include the base district designation with a PD suffix and, for PD districts created after September 1, 2002, the application, (RD), (R) or (NR) shall also be included. The ordinance shall adopt a site plan which shall contain any deviations permitted for such district. No PD designation shall be effective without an ordinance-adopted site plan. 12 14 16 E. PROCEDURES 18 1. Application Procedure - All applications for a Planned Development shall be treated in the same manner as an amendment to this Ordinance as prescribed in Article 2, Section 200, "Amendments. " 20 22 2. Site Plan Requirements - A site plan shall accompany every application for a Planned Development submittal. Such site plan shall include the contents established for Planned Development Site Plans contained in Article 5, Section 510, together with a list of requested deviations as permitted by this Section. If such plan is approved, it shall be made a part of the amending ordinance. The city council is not restricted to approving or rejecting such site plan, and may modify, require amendments to the plan or require additional detail. The council may approve the plan as amended or modified, or it may refuse to grant the change. ""{ 26 28 30 3. Explanation of Reason for Application - Each application shall include an explanation for the reason why deviations from the base district requirements are being sought and identify rationale other than financial considerations for each such deviation." 32 34 Section 2: Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 36 38 40 Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, 42 44 W,\NRH\General\Ordinances·Completed\Text Change.2647.wpd 3 2 since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. 4 Section 4: This ordinance shall be in full force and effect immediately upon passage. 6 AND IT IS SO ORDAINED. 8 Passed on this 28th day of October, 2002. 10 CITY OF NORTH RICHLAND HILLS 12 14 By: 16 Oscar Trevino, Mayor 18 ATTEST: 20 22 Patricia Hutson, City Secretary "4 APPROVED AS TO FORM AND LEGALITY: 26 28 George A. Staples, Attorney W,\NRH\General\Ordinances·Completed\Text Change.2647.wpd 4 , .. .-,.-1 CITY OF NORTH RICHLAND HILLS ·Department: Environmental Services Subject: Renaming of the BeautifICation Commission Ordinance No.2665 Meeting Date: October 28, 2002 Agenda Number: GN 2002-125 The City of North Richland Hills has been a Keep Texas Beautiful (KTB) Affiliate Community for years. KTB encourages its affiliates to adopt the Keep Texas Beautiful name to show program unity. The Beautification Commission would like to change the name of the Commission to Keep North Richland Hills Beautiful to enable them to better compete with other communities for the KTB Governor's Community Achievement Award (GCAA). GCAA winners in nine categories share $1 million in landscape prize money to be used towards highway landscaping projects in their communities. The Beautification Commission is actively evaluating old programs and creating new ones. The name change and creation of a new logo would enable them to market these new programs to the residents of North Richland Hills in a professional manner. Recommendation: To approve Ordinance No. 2665, changing the name of the Beautification Commission to the Keep North Richland Hills Beautiful Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget r Finance Review Account Number Sufficient Funds AvallaDle Finance Director P;:¡np 1 nf 1 ORDINANCE NO. 2665 AN ORDINANCE RENAMING THE BEAUTIFICATION COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1 : THAT the Beautification Commission, established by Ordinance 1554, is hereby renamed "Keep North Richland Hills Beautiful Commission." AND IT IS SO ORDAINED. Passed on this 28th day of October, 2002. CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: ., . . CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 10/28/02 Agenda Number: GN 2002-126 Subject: Consider Adoption of 2002 Goals Resolution No. 2002-87 At the Council Goals Work Session September 12th and 13th, 2002, the City Council reviewed and reaffirmed the City Council Goals. These goals represent the Council's vision of what North Richland Hills should be in the future. Although they are not the only issues of importance to the Mayor and Council, they represent a collective priority, and were designed to give direction to planning and operations. The attached Resolution formally adopts the City Goals and allows for the goals to continue to be reviewed annually to insure that these goals can be adapted to fit the changing needs of our City. RECOMMENDATION: That the City Council approve Resolution No. 2002-87 adopting the Goals for the City of North Richland Hills as revised and established September, 2002. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available ~·Il.Jwy 1k.¢t1~ Depa ent Head Signature Budget Director Finance Director Page: 1 of RESOLUTION NO. 2002-87 A RESOLUTION ADOPTING GOALS FOR THE CITY OF NORTH RICHLAND HILLS WHEREAS, The Mayor and City Council of North Richland Hills believe it essential to look forward and plan for quality of life; and WHEREAS, The Mayor and City Council further believe that to move forward and address future needs of citizens and the community it is important to establish a "road map", or goals; and WHEREAS, The Mayor and City Council set forth to plan for the future by participating in a Goals Work Session on September 12 and 13, 2002; and WHEREAS, The purpose of the retreat was to create a vision and to establish desired goals for the community and city government to work towards; and WHEREAS, The Mayor and City Council worked collectively to develop the goals; and WHEREAS, The Mayor and City Council understand that with a changing environment it is necessary to annually review the goals to assure that they remain current and address the needs and desires of the community and the City as an organization; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS HEREBY RESOLVES: That the following goals shall be established for the City of North Richland Hills: Goal 1: Safety and Security · Top quality Police, Fire and Emergency Medical Services · Improved Facilities for Enhanced Services to Our Community · Safe Streets and Neighborhoods · Safest City in Tarrant County · City Prepared for Major Emergency Situations, Including Homeland Security and Potential Disasters Goal 2: Quality Development · Stronger Local Economy and Retail Base · Quality City Facilities and Infrastructure · More Streamlined Permit Process 1 Goal 3: Goal 4: Goal 5: Goal 6: · Protecting the Character of North Richland Hills - Policies, Standards, Plans · Enforceable Development Standards and Ordinances Quality Redevelopment and Reinvestment · Improved Quality of Major Corridors · Improved Quality of Older Neighborhoods · Property Owners Taking Responsibility for Buildings, Homes, Property · Improved City Infrastructure in Older Areas · People/Companies Want to Invest and Reinvest in North Richland Hills · Stronger Family Entertainment Area Financially Responsible City Government · Maintain Financially Sound Debt Ratio: Reasonable Debt Structure · Use "Pay As You Go" Approach Financing When Possible · Expanded City Revenue Base · Hold Line on Property Rate Quality of Life Amenities for the Community · Well Maintained City Parks, Library, Trails, Recreation Center, Senior Centers · More Parks for the Neighborhoods · More Family-Oriented Facilities, Programs, and Services · Expanded Cultural Arts Programs and Activities, Including Public Art · Improved Special Events for the Community · Preservation of Our History and Heritage Effective Transportation System · Expanded "Mass" Transportation Opportunities . Better Air Quality . Improved Traffic Flow · Improved Quality of Neighborhood Streets PASSED AND APPROVED this the 28th day of October, 2002. Oscar Trevino, Mayor 2 CITY OF NORTH RICHLAND HILLS )epartment: City Secretary Council Meeting Date: 10/28/2002 Subject: Appointment to Place 5 on the Teen Court Advisory Board Agenda Number: GN 2002-127 The position of Place 5 on the Teen Court Advisory Board is vacant due to the resignation of Ms. Kathy Graves. Councilman Whitson is recommending that Ms. Cheri Walker be appointed to fill the unexpired term of Place 5. Recommendation: To consider the appointment of Ms. Cheri Walker to Place 5 on the Teen Court Advisory Board, term expiring 6/30/2003. '-- Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Avalliíble ~~ Department Head Signature Finance Director · . I CITY OF NORTH RICHLAND HILLS \...... Department: Public Works Council Meeting Date: 1 0/28/02 Subject: Approve EnQineerinQ AQreement with Knowlton-EnQlish- Agenda Number: PW 2002-015 Flowers, Inc. for Engineering Support for the Construction Administration on Rufe Snow Drive (IH 820 to Mid-Cities Blvd.) _ Resolution No. 2002-086 The engineering contract awarded to Knowlton-English-Flowers, Inc. (KEF) on August 28, 1995 (PW 95-55) was for the design of Rufe Snow Drive (IH 820 to Mid-Cities Boulevard). The contract did not include any engineering that may be involved during the construction phase of the project. Two key points can summarize the reason for this. 1. This was the first ISTEA grant project for the City. Public Works staff was not aware at that time the extent that TxDOT relies on the design engineer for design interpretations on minor field changes and shop drawing reviews. By City definition, "construction administration" covers these issues. TxDOT does not have the same definition for construction administration. 2. This was only the second ISTEA project that the design engineer had been awarded. The first had only been awarded a few months earlier. The engineer was also unaware of the additional engineering required by TxDOT during the construction phase. '-- Because of these two issues, the City's interpretation of the Construction Responsibilities outlined in the agreement are different from TxDOT's intent. For example, the agreement says that the City will be responsible for any field changes, supplemental agreements or additional work orders that may become necessary subsequent to the award of the construction contract. However, the agreement does not define the amount of engineering that TxDOT would require for any plan changes and the number of plan sheets réquired to revise for each change. This is by far the most important aspect as well as the most costly. The agreement also specifies that the State will supervise and inspect all work performed by the construction contractor. But again it does not define or mention the engineering requirements that TxDOT expects from the City and design engineer. A letter from Mr. Mark Schluter, P.E., TxDOT Area Engineer, reiterating TxDOT's position is included in the Council packet. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number 20-02-01-6000, 96-20-02-001 SuffICient Funds AvallaDle ~;¿u-uuuu-t)u~. fl:l-UU Finance Director Budget Director Page 1 of _ · I '-- ~I CITY OF NORTH RICHLAND HILLS Staff now has an understanding of the TxDOT process and what is required. The engineering agreement presented to Council for approval includes the additional engineering that TxDOT is requiring from the City and the design engineer during the remainder of the construction process. Also. included in the engineering agreement is the design work necessary to have the decorative traffic signal poles with the back lit street signs included in the Rufe Snow Drive Widening Project as a Change Order. The fee for the engineering agreement is not to exceed $150,100. The engineer will only be paid for the engineering services provided over the duration of the project (approximately 2 years). This is not a fixed fee contract. Staff considered using another engineering firm, but believe KEF can provide the best service for the least cost since they did the design and will be the most knowledgeable of the project. TxDOT also prefers KEF since they are the design engineers for the project and have sealed the plans. Sufficient funds are available in the existing Rufe Snow Drive budget to cover the cost for the apditional engineering required. Recommendation: Approve Resolution No. 2002-086, authorizing the City Manager to sign the engineering agreement with Knowlton..English..Flowers, Inc. for construction administration on Rufe Snow Drive (IH 820 to Mid-Cities Boulevard) in an amount not to exceed $150,100. City COUNCIL ACTION ITEM Page_of _ ·C~~--* I Texas Department of Transportation June 28, 2002 Additional Work Authorization CONTACT: NTCAO Project:STP 94(99 MM Control: 902-48-193 Highway: CS (Rufe Snow Dr.) County: Tarrant rw~(Gœ II U:!~;-un "ON"~, '"..' 'J l I JUL 0 3 2002' . ¡ NR:' j §:hhr- ¡ y ~ ---_t.:__~_~.::~!!Ç, ;~Aorks ; ... ..........~-"..,.." -~..",~'~....... r....;' Mr. Mike Curtis, P.E. Public Works Director City of North Richland Hills 73q1 NE Loop 820 Richland Hills, Texas 76180 Dear Mike: I understand that there is some confusion, on the City's part, as to making changes to the signing and traffic control plan. According to our agreement with the City of North Richland Hills under Item 11 (A). it states "Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State". Under Item l1(B) it discusses the State's obligation of providing such engineering as required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.&E. This pertains to interpretation of the specifications toward the construction methods and practices. It does not provide for any modification or change to the origin~1 plam pæpared !)y the City's consultant. If you deem that the traffic control plan is not working or that anything else on these plans needs to be modified it is the responsibility of the City of North Richland Hills to have revised plan sheets prepared by a Professional Engineer and to be submitted for approval by the State. This also pertains to review of the shop drawings. The City shall provide an engineer to review and approve all shop drawings submitted for this job. If you should have any questions concermng this matter, please contact this office at (817) 238-5902. Sincerely, ~~c..~~ Mark C. Schluter, P.E. Area Engineer Fort Worth District An Equal Opportunity Employer RESOLUTION NO. 2002-086 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby authorized to execute the attached Engineering Agreement with Knowlton-English-Flowers, Inc. for the construction administration on Rufe Snow Drive (IH 820 to Mid-Cities Boulevard) as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 28th day of October, 2002. APPROVED: Frank Metts, Jr., Mayor Pro Tem ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVED AS TO CONTENT: Mike Curtis, Public Works Director Contract # CITY OF NORTH RICHLAND HILLS, TEXAS PUBLIC WORKS CONTRACT AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is made and entered into this day of ,2002, by and between THE CITY OF NORTH RICHLAND HILLS, hereinafter called the OWNER, and KNOWL TON-ENGLlSH- FLOWERS, INC., a corporation hereinafter called the ENGINEER. Engineering Support for construction administration of Street, Drainage, and Utility Improvements in Rufe Snow Drive from I.H. 820 to Mid-Cities Boulevard (TxDOT ISTEA project). The above assignment is hereinafter called the "PROJECT u. CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The CITY agrees to employ the ENGINEER and the ENGINEER agrees to furnish the Special Engineering Services in connection with the PROJECTS as stated in Section II following, and for having rendered such services the OWNER agrees to pay to the ENGINEER compensation as stated in Section VI following. SECTION II CHARACTER AND EXTENT OF SERVICES The ENGINEERING SERVICES to be rendered by ENGINEER, include and are limited to the following: Engineering support for construction projection administration of Street, Drainage, and Utility Improvements in Rufe Snow Drive from I.H. 820 to Mid-Cities Boulevard (TxDOT ISTEA project): 1. Represent the OWNER in providing engineering support for the Non-Resident administration of the PROJECT. It should be noted that the PROJECT is administered by the Texas Department of Transportation (TxDOT); the City of North Richland Hills is responsible for the inspection of all work involved with the construction and relocation of the City's utilities (water and sanitary sewer systems). 2. Exercise whatever rights the OWNER may have to disapprove work and materials that fail to conform to OWNER standards when such failures are brought to the ENGINEER'S attention. (This function of ENGINEER shall not be construed as supervision of the project and does not include on-site activities other than occasional site visits to observe overall project conditions or when specifically requested by OWNER to visit on-site for a particular matter. It particularly does not involve exhaustive or continuous on-site inspections to check the quality or quantity of the work or material. Nor does it place any responsibility on ENGINEER for the techniques and sequences of construction or the safety precautions incident thereto. The ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the work in accordance with the OWNER'S standards). 3. Consult and advise the OWNER in matters pertaining to the utility system construction and other areas of the PROJECT that concern the OWNER. Request, in writing, that TxDOT issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary. Prepare routine change orders for review by the OWNER and for action by TxDOT and the Contractor, as required, including a change order for decorative street signal lights in accordance with new City of North Richland Hills traffic signal standards. 1 4. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit to TxDOT. The reviews shall address only conformance with the design concept of the project and compliance with the information given by the Contract Documents. 5. Prepare written responses to routine Requests for Information (RFl's) as submitted to TxDOT by the Contractor, as appropriate. 6. Evaluate change orders as prepared by the Contractor for action by TxDOT (if such documents are provided to the ENGINEER) and make recommendations to TxDOT and the OWNER. 7. Evaluate change orders previously received and approved by TxDOT (if TxDOT action is taken prior to the ENGINEER'S review) and make recommendations to TxDOT and the OWNER, as appropriate. 8. Attend weekly TxDOT/Contractor meetings, or as requested by the OWNER. 9. Assist with the preparation of "record" drawings, based on construction information provided by the OWNER and TxDOT. Furnish sets of prints of the revised drawings, as detailed in Section VIII, below, to the CITY and to TxDOT. 10. The proposed engineering services do not include the design and/or preparation of change orders that address revisions complying with regulations adopted after the date of TxDOT acceptance of the PROJECT design. Nor do the services include the preparation of change orders other than those that are "routine" in nature (do not require extensive design effort). 11. The proposed engineering services do not include field surveys other than those required to recover horizontal and vertical control points. SECTION III AUTHORIZATION OF SERVICES The ENGINEER shall not undertake any professional services of any nature, under this AGREEMENT, until he has received written authorization from the OWNER. SECTION IV PERIOD OF SERVICE This AGREEMENT shall be effective upon execution by the OWNER and the ENGINEER, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The ENGINEER shall hold periodic conferences with the CITY, or its representatives, to the end that the project, as perfected, shall have full benefit of the OWNER'S EXPERIENCE AND KNOWLEDGE OF EXISTING NEEDS AND FACILITIES, AND BE CONSISTENT WITH ITS CURRENT POLICIES AND CONSTRUCTION STANDARDS. To implement this coordination, the OWNER shall make available to the ENGINEER for use in planning the project, all existing plans, maps, field notes, statistics, computations and other data in his possession relative to existing facilities and to the project. SECTION VI THE ENGINEER'S COMPENSATION For and in consideration of the Special Engineering Services to be rendered by the ENGINEER, as cited in Section " above, the OWNER shall pay and the ENGINEER shall receive the compensation hereinafter set forth: Engineering support for construction project administration of Street, Drainage, and Utility Improvements in Rufe Snow Drive from tH. 820 to Mid-Cities Boulevard (TxDOT ISTEA project): Compensation for the services associated with this assignment shall be based on employee hours 2 spent working on the PROJECT. Hourly rates shall be commensurate with the appropriate labor category as indicated in the attached rate schedule (Attachment "A"). The hourly rates include payroll costs plus fringe benefits, overhead costs and profit. Itemized direct non-labor and sub-contract expenses shall be billed at invoice cost plus 8%. The total compensation to the ENGINEER for the above services will not exceed $150,100 without additional negotiation and authorization. Payment to the ENGINEER shall be due, in monthly installments, upon receipt by the OWNER of an invoice from the ENGINEER outlining the hours worked by each employee, his or her labor category and the total amount charged for each employee. The invoice will include the costs of all non-labor and sub-contract items directly associated with the PROJECT. The compensation for engineering services stated does not include sales tax. If the State of Texas imposes a sales tax on engineering services during the time of this contract, then the OWNER agrees to pay the sales tax as an extra payment, above and beyond the agreed compensation for engineering services. SECTION VII REVISION OF REPORTS, PLANS, SPECIFICATIONS AND OTHER DOCUMENTS The revision and re-work of reports, plans, specifications and other documents during the formative stages as an orderly process in the development of the project to meet the needs of the OWNER shall be considered as part of the services. However after a definite plan has been approved by the OWNER, if a decision is subsequently made by the OWNER, which, for its proper execution, involves extra services and expenses for, changes in or additions to the drawings, specifications or other documents, or if the ENGINEER is put to labor or expense by delays imposed on him from causes not within his control, the ENGINEER shall be compensated for such extra expense. SECTION VIII OWNERSHIP OF DOCUMENTS Original documents, plans, design and survey notes represent the product of training, experience, and professional skill, and accordingly belong to, and remain the property of the ENGINEER who produced them and the CITY, regardless of whether the instruments were copyrighted or whether the project for which they were prepared is executed. After the completion of the PROJECTS, the ENGINEER will furnish the OWNER with three sets of as-built bluelines, one set of labeled aperture cards of "record" drawings, and a CD-ROM containing a reproducible copy of all reports, original drawings, estimates, field notes, and data. The OWNER will use these plans and data in connection with the project only as a source of information as to construction. Any electronic copies provided to others by the OWNER will not contain the ENGINEER's seal. SECTION IX SCHEDULE The ENGINEER will complete the preliminary design phase of PROJECT "A" within six weeks after the OWNER issues written authorization to proceed with the PROJECT. FOllowing the OWNER'S review and approval of the preliminary plans, the ENGINEER will provide final Contract Documents suitable for bidding purposes within an additional six weeks. In accordance with a schedule to be established by the OWNER, the ENGINEER will assist with the advertisement, receipt and evaluation of proposals for construction of the PROJECT. The ENGINEER will then provide construction administration during the construction phase of the PROJECT. The ENGINEER will perform engineering services for PROJECT "B" and PROJECT "C" during the duration of the construction of the TxDOT project. The scheduled project completion date is currently April 1, 2004. This date is subject to additional Contract Time as adjusted by change order or otherwise approved by TxDOT. The ENGINEER will complete "record" drawings within a month after receipt of construction information from TxDOT and the OWNER'S Resident Project Representative. SECTION X TERMINATION Either party to this AGREEMENT may terminate the AGREEMENT by giving to other 30 days notice in writing. Upon 3 delivery of such notice by the CITY to the ENGINEER, the ENGINEER shall discontinue all services in connection with the ïerformance of this AGREEMENT and shall proceed to cancel promptly all existing orders and contracts insofar as such orders Jr contracts are chargeable to this AGREEMENT. As soon as practicable after receipt of notice of termination, the ENGINEER shall submit a statement, showing in detail the services performed under this AGREEMENT to the date of termination. The OWNER shall then pay the ENGINEER promptly that proportion of the prescribed charges which the services actually performed under this AGREEMENT bear to the total services called for under this AGREEMENT less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and reports prepared under this AGREEMENT shall be delivered to the OWNER when and if this AGREEMENT IS TERMINATED, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI LIABILITY The ENGINEER agrees to defend, indemnify, and hold the OWNER whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of ENGINEER, or an agent, servant, or employee of ENGINEER in the execution or performance of this Contract, without regard to whether such persons are under the direction of OWNER agents or employees. The ENGINEER agrees to carry an errors and omissions type of professional liability insurance policy and will furnish the CITY a certificate of insurance if requested. SECTION XII SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each binds himself and his successors, executors, administrators and assigns to any other party of this AGREEMENT and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this AGREEMENT. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest in this AGREEMENT without the written consent of the other. Nothing herein shall be constituted as creating any personal liability on the part of any officer or agent of any public body that may be a party thereto. SECTION XIII SPECIAL CONDITIONS Special conditions, under the AGREEMENT, are limited to those provisions contained in the written "Authorization of Services", issued by the OWNER, under Section III, and accepted by the ENGINEER. EXECUTED IN 3 counterparts (each of which is an original) on behalf of ENGINEER by its VICE PRESIDENT, as shown below, and on behalf of the OWNER by its CITY MANAGER (thereunto duly authorized) this day of ,2002. CITY OF NORTH RICH LAND HillS, TEXAS KNOWl TON-ENGLlSH-FlOWERS, INC. By: ATTEST: By: ~¡{7~ ATTEST: .~ I? {lJ, I APPROVED AS TO FORM: City Attorney 4 ATTACHMENT "A" STANDARD RATE SCHEDULE LABOR CATEGORY HOURLY RATES Principal $163 Project Manager $137 Project Engineer $126 Design Technician $85 CADD Technician $53 Clerical $53 5 CITY OF NORTH RICHLAND HILLS Department: Finance / Police Department Council Meeting Date: 10/28/2002 Subject: Authorize Contract for Wrecker Service Resolution No. 2002-080 Agenda Number: PU 2002-041 On June 24, 2002, Council approved Ordinance No. 2630 that will regulate tow truck services (GN 2002-078). Request for Proposals were solicited for a company to provide tow truck services and vehicle storage facilities in compliance with this ordinance. Proposals were received from three companies and the results are attached. The Request for Proposal included evaluation criteria such as company experience, location and efficiency, performance of bidder with similar contracts, equipment owned by bidder, experience in operation of storage facility, proof of financial going concern and total bid price. A committee of representatives from Finance, Police, City Manager, Legal and Risk Manager evaluated the proposals to ensure that all criteria were met. The contract includes the following responsibilities of the successful proposer: · Furnish all equipment, material, labor and personnel in an efficient and timely manner for tow truck services on a 24 hour, 7 days a week, 365 days a year basis. · Responsible for handling police ordered tows (non-consent tows) and tows where the person in charge of the vehicle makes no selection of a tow truck operator (no-choice tows). · Responsible for all tows requested for city-owned vehicles. · Provide a storage facility for vehicles pursuant to the requirements of the contract. · Provide, at contractor's expense, for the disposal of unclaimed vehicles. · Maintain specified insurance in force for the duration of the contract. · Contractor shall not exceed charges for towing and storage as contained in contractor's proposal and set forth in the contract, or charge any additional fees for service whether listed or not. · Contractor agrees to pay the City of North Richland Hills for contract administration the equivalent of six percent (6%) of gross revenues resulting from all City directed pulls. · Contract will be for a three-year period from November 12, 2002 through November 11, 2005, with the option to extend the contract for two additional one-year terms, and is in compliance with Ordinance No. 2630. · Contract is subject to cancellation upon 30 day written notice by the City of North Richland Hills without cause and without liability to the City of North Richland Hills. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Avai a e Budget Director P~np 1 nf 1 '-, f CITY OF NORTH RICHLAND HILLS ABC Wrecker Service proposed the lowest base charge pulls for vehicles up to 1 % tons by 44% ($48 compared to $85). ABC Wrecker Sérvice proposed ratéS are consistently lower for other services requéstéd. Attached are analyses of ABC Wrecker and AA Wrecker from the Police Department and Finance Department regarding references, criminal background ChéCks and financial going concern. Please see City Attorney George Staples' research On the civil actions concerning ABC. Also with that, the Finance Department has projected that over a three year contract, ABC would receive $769,269 in revenues and the second low bidder, AA, would receive $999,838, or about $230,000 more revenue. As of the writing of this cover sheet, ABC Wrecker still has formal litigation against the City of North Richland Hills and two other cities. They have stated they will dismiss (or withdraw) their litigation against the City of North Richland Hills. It is our understanding they have initiated the procedures to dismiss, but it is not completed. There are some concerns from staff about entering into a contract with a party that has filed litigation against the City, but if the wrecker contract is awarded to ABC, staff will assure Council that staff will work cooperatively with this company to insure that tows for emergency and public safety purposes are handled properly and effectively. The lowest wrecker bid is ABC Wrecker. If Council believes it would be in the best interest of the public and public safety to award the contract to the second lowest bidder due to the pending litigation, staff would certainly understand and have no problems with that. Recommendation: To award the contract for tow truck services to lowest bidder and approve Resolution No. 2002-080 authorizing the City Manager to execute the contract. CITY COUNCIL ACTION ITEM P::an... nf RESOLUTION NO. 2002-080 2 4 WHEREAS, the City Council desires to authorize the City Manager to execute the wrecker service contract; NOW, THEREFORE, 6 BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 8 Section 1: That the City Manager of the City of North Richland Hills is authorized to execute the 2002 contract for wrecker service for the City. 10 12 AND IT IS SO RESOL YED. 14 PASSED on the 28th day of October, 2002. 16 CITY OF NORTH RICHLAND HILLS 18 20 By: Oscar Trevino, Mayor ?2 ATTEST: ,. 24 26 Patricia Hutson, City Secretary 28 APPROVED AS TO FORM AND LEGALITY: 30 32 George A. Staples, Attorney 1 I Tow TruckNehicle Impound I Bid #02-1048 8/21/2002 Services Section A - Police Dept Tows ABC Wrecker AA Wrecker B&B Wrecker 1 Base Charge pulls up to 1 1/2 tons within 2 miles of City limits $48.00 $85.00 $110.00 $2.50 per mile Mileaqe rate paid one way $1.60 per mile out of city $2.50 per mile 2 Additional charges after basic charge: Use of dolly $25.00 $35.00 $27.50 Drop Drive Shaft $25.00 $25.00 $25.00 Waiting time -after initial 20 min $40 per hr $80 per hr $60 per hr Winch Time -after initial 20 min $50 per hr $100 per hr $60 per hr 3 Base charge pulls - rollback up to within 2 miles of City limits $65.00 $115.00 $137.50 $2.50 per mile Mileaç¡e rate paid one way $1.60 per mile out of city $2.50 per mile 4 Base charge 1 1/2 to 5 tons $65.00 $145.00 $175.00 $2.85 per mile Mileage rate paid one way $1.60 per mile out of city $3.15 per mile 5 Base Charge over 5 tons $125.00 $175.00 $250.00 j Additional charges after basic charge on tows over 1 1/2 tons: waiting time -after initial 20 min. $95 per hr $105 per hour $130 per hr winch time - after initial 20 min. $65 per hr $150. per hr $130. per hr 7 Motorcycles $45.00 $85.00 $110.00 $110.00 8 Flat bed trailer up to 16-ft $20.00 $85.00 + $2.50 per mile 9 Extra manpower (per person/hour) $20 per hr $25 per hr $65 per hr 10 Road service $30.00 $60.00 $65.00 11 Trailer for motorcycle $25.00 $35.00 $110.00 + $2.50 per mile 12 Fuel service charqe $35.00 + fuel N/A $65.00 + fuel $2.50 per mile over 5 tn $100 hr sm /med duty 13 Misc. charge not listed $25 drop shaft hvy duty $150 hr larqe duty Not Provided 14 Daily storage fee $13.50 $15 up to 25 ft $15.00 $30 over 25 ft 15 Number of tow trucks in road condition 14 10 21 .6 Storage facilitv-# of spaces 280 225 500+ "Impound fee $10.00 "Impound fee $10.00 17 Other Charges "Notification fee $32.00 "Notification fee $32.00 Not Provided .. State Imposed Fees I 1 SECTION B - City Tows ABC Wrecker AA Wrecker B&B Wrecker , Charge to City for towing City vehicles within 2 miles of City limits a. Up to 1 1/2 tons $40.00 $40.00 $65.00 additional mileaQe rate one way $1.60 per mile $1.50 per mile $2.50 per mile b. 1 1/2 to 5 tons $50.00 $80.00 $87.50 additional mileage rate one way $1.60 per mile $1.50 per mile $3.15 per mile c. Over 5 tons $100.00 $150.00 $125.00 additional mileage rate one way $2.00 per mile $2.25 per mile $3.15 per mile I I I ---l does not agree to pay : City 6% fee I I i i Potential income for 3-year contract i based on City of NRH historical data and proposed rates. i ¡ I I ABC Wrecker AA Wrecker B&B Wrecker Base Pulls $256,128 $453,560 $586,960 - - $4,925 $6,895 $5,418 Use of Dollie Waiting Time $4,640 $9,280 $6,960 Storage Fee $238,748 $265,275 $265,275 Notification Letters $28,448 $28,448 $28,448 Impound Fee $51,510 $51,510 $51,510 Fees from auctioned vehicles $172,110 $172,110 $172,110 (based on City of NRH revenues) City vehicle pulls $12.760 $12.760 $20.735 Totals $769.269 $999,838 $1.137.416 2 Here are the following 6 city Wrecker Service Fees. Bedford: Kelly Agan Daily Storage: $15.00 per day Base Pull: $45.00 Euless: Devin Daniel Daily Storage: $15.00 per day Base Pull: $85.00 Fort Worth: Ricky West Daily Storage: $15.00 per day Base Pull: old contract $65.0 0 new contract $95.00 Hurst: Randi Singleton Daily Storage: $15.00 Base Pull: $65.00 Irvin!!: Auto Impound Daily Storage: $10.00(after 10 days $15.00) Base Pull: $55.00 Watau!!a: Gary Johnson Daily Storage: $15.00 Base Pull: $80.00 City of North Daily Storage $13.50 Richland Hills Base Pull: $48.00 (low proposal) Financial Analysis of Proposers for Wrecker Service * ABC Wrecker Service 1 AA Wrecker Service 2 Gross Sales $ 1,090,227 Gross Sales $ 907,950 Operating Income $ 188,053 Operating Income $ 17,931 Total Assets $ 368,742 Total Assets $ 37,620 * This analysis only includes the business assets and operations of the proposers and does not include the personal assets of the owners. 1 Information provided from form 1120S, U.S. Income Tax Return 2001. Other information provided and verified indicates that ABC Wrecker Service was successful in obtaining a credit line of over $1,000,000 from GE Capital Fleet Services and TCF Leasing ( both A credit lenders) for the lease purchase of model 2002 tow truck vehicles. 2 Information provided from CPA compilation report dated April 30, 2002. Gross sales and operating income numbers are estimated on an annual basis by taking the four months data provided in the April 30th report and projecting over 12 months. Included in AA Wrecker Service documentation was a letter from RiverBend Bank stating that AA Wrecker Service has acquired loans and is an investor and borrower in good standing with the bank. INTER-OFFICE MEMORANDUM TO: Tom Shockley, Chief of Police REF: PDM#06/02/555 FROM: Michael W. Young, Captain DATE: October 21,2002 SUBJECT: Serviceability of Two Lowest Tow Truck Service Bids ABC Wrecker Service (Overall Lowest Price Bidder) References: On October 14, 2002 the City of North Richland Hills was supplied a listing of three references for the ABC Wrecker Service. Each reference was contacted and interviewed as to the quality of service provided to each entity. Each group responded as to the on-time service, number of vehicles towed per month and any complaints generated through the usage of the ABC Wrecker Service. The first listed reference was identified as Deputy Chief Larry Curtis, and upon contact he referred all tow truck reference information to Tim Roy of the Fort Worth Police Department Auto Pound. Mr. Roy advised that ABC Wrecker Service is one of seven tow truck companies that pull vehicles for the North Sector of the Fort Worth Police Department. ABC Wrecker Service pulls approximately 100 vehicles a month for the city. The Fort Worth Police Department has their own vehicle impoundment facility and tow truck services are contracted out to tow for the City of Fort Worth or directly for the person in requiring tow services. Mr. Roy advised that the ABC Wrecker Service arrives in a timely fashion and responds in an appropriate manner to handle whatever situation might arise. Mr. Roy advised that he could not recall any instance where ABC was deficient in their service to the citizens of Fort Worth. The second listed reference was identified as Sergeant Pratt of the Tarrant County Sheriffs Office (previously an Officer at the North Richland Hills Police Department). Sergeant Pratt advised that ABC Wrecker Service is one of eight tow truck companies that pull vehicles for the Northeast Patrol Sector of Tarrant County. ABC Wrecker Service pulls approximately two vehicles a month for the County. The Tarrant County Sheriffs Office allows each tow truck service to handle all vehicles impoundment needs at the direction of their officers. The Tarrant County Sheriffs Office requires the service to comply with all state laws for maintaining a vehicle impoundment facility. Sergeant Pratt advised that the ABC Wrecker Service arrives in a timely fashion and responds in an appropriate manner to handle whatever situation might arise. Sergeant Pratt advised that he Serviceability of Two Lowest Tow Truck Service Bids 1O/2l/02Page 2 could not recall any instance where ABC Wrecker Service was deficient in their service to the citizens of Tarrant County. The third listed reference was identified as Will Hammond of the United States Postal Service. Mr. Hammond advised that ABC Wrecker Service serves as their contract tow truck service to pull any disabled passenger sized postal vehicle to their vehicle maintenance facility. ABC Wrecker Service pulls approximately four to five vehicles a month for the Postal Service. ABC Wrecker Service impounds no vehicles as a non-consent tow for the Postal Service. Mr. Hammond advised that the ABC Wrecker Service arrives in a timely fashion and responds in an appropriate manner to handle whatever situation might arise. Mr. Hammond advised that he could not recall any instance where ABC Wrecker Service was deficient in their service to any member of the Postal Service. Overall past experience by this company to serve as a contract vehicle storage facility is lacking. There are no vehicle storage facility requirements for the City of Fort Worth. Tarrant County reports that an average of only two vehicles a month are towed by the company and possibly impounded. There are no impoundment facility requirements for the United States Postal Service. There is no information available; however, that indicates the company is incapable of performing as a contract tow truck service for the City of North Richland Hills. Criminal History Research The City of North Richland Hills was supplied a packet of information regarding financial and criminal misconduct by the business owner, Harvey Fornoff. Most the information contained in the packet revealed alleged prior financial problems of Mr. Fornoff. All of this information was turned over to Finance Director, Larry Koonce, and George Staples, the city attorney. The criminal information contained in the packet involved an alleged Class "B" misdemeanor offense where in 1994 Mr. Fornoff was charged with prostitution. This information was confirmed per the Dallas Police Department. According to the documents supplied, Mr. Fornoff received a $350 dollar fine with a plea of "non-adjudication of guilt" on March 9, 1994 and all charges were later dismissed on September 30, 1994. No additional criminal history information was found regarding Mr. Fornoff. A criminal history search was conducted on all tow truck drivers presently employed by the ABC Wrecker Service. AJ!~IDate non-po~ investigative methods were used since this investigation invOJVed strictly contractual agreements for services to the North Richland Hills Police Department. All past driving and criminal history inquiries conducted on the company's tow truck drivers give no indication of potential problems with the exception of two. Mr. Fornoff advised that if ABC Wrecker Service were chosen as the Contract Tow Serviceability of Two Lowest Tow Truck Service Bids I O/21/02Page 3 Truck Service, all measures would be taken to ensure potential new hires would have clean driving records and acceptable criminal history backgrounds. Mr. Fornoff has expressed his desire to cooperate with all requirements of the police department and advises that upon being informed of an unacceptable criminal history on any current employee, he'd take the appropriate action to remove a potential problem. Ability to Perform as the Contract Tow Truck Service '-- The ABC Wrecker Service is presently located at 4020 Flory Drive in North Richland Hills, Texas and has been in business since 1984. A visual inspection of the business was conducted to verify if the tow truck service was physically capable of handling a critical police function. At the time of inspection, the parking area was full of vehicles stored by the business for various reasons. To solve this problem, the ABC Wrecker Service has leased an additional storage facility located at 6821 Harmonson Road which will provide an enclosed, secure 2,400 sq.ft. metal building. With two locations the ABC Wrecker Service will be able to handle current levels of vehicles impounded by the North Richland Hills Police Department. This would be contingent on using the 180 space facility located at 4020 Flory Drive exclusively for the North Richland Hills Police Impound Facility. This is a chain-link, fenced enclosure with all weather surface for vehicle storage that is manned 24 hours a day for security, dispatch and vehicle releases. The ABC Wrecker Service has a more than adequate level of equipment to conduct all required tow services for the City of North Richland Hills. AA Wrecker Service (Overall Second Lowest Price Bidder) References The City of North Richland Hills was supplied a listing of three references for the AA Wrecker Service. Each reference was contacted and interviewed as to the quality of service provided to each entity. Each group responded as to the on time service, number of vehicles towed per month and any complaints generated by using the AA Wrecker Service. The first listed reference was the Haltom City Police Department. Contact was made with Lisa Cloud, Dispatch Supervisor, responsible for all wrecker request data. Mrs. Cloud advised that AA Wrecker Service has been providing all wrecker service needs of the Haltom City Police Department since 1955. During the year 2001, a total of 1310 wrecker pulls were made by AA Wrecker Service, which averages to be approximately 110 pulls a month. Mrs. Cloud advises that Serviceability of Two Lowest Tow Truck Service Bids 10/21/02Page 4 AA Wrecker Service has habitually provided excellent, prompt, reliable service and could not recall any instance where AA Wrecker Service was deficient in their service to the citizens of Haltom City. The second listed reference was the Watauga Department of Public Safety. Contact was made with Lt. Phillip Adams who advises that during his employment the past 17 years, AA Wrecker Service has been performing all wrecker service needs. Records indicate that AA Wrecker Service performed 487 pulls during the year 2001, averaging approximately 40 pulls per month. Lt. Adams advises that AA Wrecker Service routinely arrives in a timely fashion and responds in an appropriate manner to handle whatever situation might arise. Lt. Adams advises that AA Wrecker Service has provided excellent, prompt, reliable service without any valid complaints. Lt. Adams advised that he could not recall any instance where AA was deficient in their service to the citizens of Watauga. The third listed reference was identified as the Keller Police Department. Contact was made with Lt. Tommy Williams who advised that AA Wrecker Service makes all department pulls and has done so for the past 23 years known to him. Records indicate that AA made 535 pulls for Keller in the year 2001, approximately 44 per month. Lt. Williams praised AA repeatedly on past performance rated as excellent, prompt, reliable and dedicated to serving the needs of the police department. There are no valid complaints against AA Wrecker Service and no deficiencies in their service to the citizens of Keller. In addition to the three listed references, the City of North Richland Hills has utilized AA Wrecker Service exclusively for the past 14 years. During this time frame AA has performed in an outstanding manner providing prompt, reliable professional service handling all needs of the police department. Any minor problems involving wrecker driver responses were quickly resolved via Mr. Denman who demands accountability from all of his employees. AA Wrecker Service has vast experience in our police department procedures allowing for expedient vehicle recovery and processing. There have been no valid complaints against AA Wrecker Service and no deficiencies in their service to the citizens of North Richland Hills. Overall past experience by this company to serve as a contract vehicle storage facility is excellent. The professionalism, dedication, reliability and expertise exhibited in the past 47 years of service to the various agencies in Northeast Tarrant County should be commended. AA Wrecker Service exhibits pride in providing excellent service and takes the necessary measures to continually improve its' ability to meet the needs of the community police agencies. Serviceability of Two Lowest Tow Truck Service Bids 10/21/02Page 5 Criminal History Research A criminal history search was conducted on all tow truck drivers presently employed by the AA Wrecker Service. Alternate non-police investigative methods were used since this investigation involved strictly contractual agreements for services to the North Richland Hills Police Department. All past driving and criminal history inquires conducted on the company's tow truck drivers give no indication of potential problems with the exception of two. Mr. Denman advised that if AA Wrecker Service is chosen as the Contract Tow Truck Service, he will adhere to all police department guidelines involving questionable individuals with unfavorable criminal history records. All employees of AA Wrecker Service are screened prior to employment and are subject to periodic review regarding driving history and criminal activity to ensure quaility service. Mr. Denman expressed his desire to cooperate with all requirements of the police department and advises that upon being informed of an unacceptable criminal history on any current employee, he'd take the appropriate action to remove a potential problem. Ability to Perform as Contract Tow Truck Service _. The AA Wrecker Service is presently located at 5709-B Denton Hwy., Haltom City, Texas and has been in business since 1955. A visual inspection of the business was conducted to verify if the tow truck service was physically capable of handling a critical police function. This inspection revealed a modern, professional appearance facility on a 2% acre site. The storage facility is surrounded with a solid metal, 8' fence completely enclosing the paved vehicle storage area and enclosed, metal, shop/storage building. The whole facility is alarmed and monitored by Sonitrol Security Systems. The storage capacity is more than adequate for vehicle storage needs and has the capability for expansion via the additional 1 % acres of land adjacent to the North end of the facility. The office area contains several computer systems, one of which is linked to the State Division of Motor Vehicles system. Experienced dispatchers are equipped with 4 telephone lines answered 24 hours a day, mobile radios and Nextel hand held radios for direct contact with tow truck drivers. AA Wrecker Service has a more than adequate level of equipment to conduct all required tow services for the City of North Richland Hills. Thank you, Michael W. Young, Captain Technical Services Division Management Services Bureau Serviceability of Two Lowest Tow Truck Service Bids I 0/21/02Page 6 cc: Assistant Chief John Lynn Attorney George Staples Finance Director Larry Koonce Purchasing Director Donna Enos - 6000 WESTERN PLACE SUITE 200 1-30 AT BRYANT· IRVIN ROAD FORT WORTH, TEXAS 76107-4654 ..MAIL: TOASE@TOASE.COM "EBSITE: WWW.TOASE.COM çpeA:·SB Attorneys . Counselors TELEPHONE: (817) 332-2580 TOLL FREE: (800) 318-3400 FACSIMILE: (817) 332·4740 DENTON: (940)383·2674 DENTON METRO: (972) 434-3834 GEORGE A. STAPLES gstaples@toase.com October 23,2002 Via Hand-Delivery Mr. Larry Cunningham, City Manager CITY OF NORTH RICHLAND HILLS 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76180 Dear Larry: .'--.. I have attempted to find out infonnation concerning specific civil actions concerning ABC Wrecker and/or Harvey Fornof. In this connection, I have obtained a copy of a release by Southwestern Bell Media, Inc. of a judgment in Cause No. C00000824 in Justice Court of Tarrant County, Texas. It was released in 1995. I have also received documentation of a 1999 payment in full of a lien on Southlake property described as Tract 3D, Abstract 521, J.J. Freshour Survey, Southlake. From a review ofthe May 15, 1998 Chapter 7 bankruptcy, it appears that this is on a different Mr. Fornof, as the social security numbers do not match. In the suit in Justice Court by Barbara Nygaard in Cause No. 6073-SC, the Court's records show that the judgment of $454.76 was paid in full. Although I have not been able to verify the representations made by counsel for ABC due to the other matters demanding my time, I have been told that in the summer of 1980, Mr. Fornof lost both his parents and two children in an automobile accident and that this tragedy devastated him and led to the failure of his fIoriest and wrecker businesses. I am told that this led to his 1982 bankrtupcy. The 1983 tax lien from California was also for taxes which preceded this Chapter 11 bankruptcy. We cannot verify the 1995 California state lien. Los Angeles County advises us that the cause number provided on documents furnished me is not correct and that they cannot find the lien by this number. October 23, 2002 Page 2 If there are other concerns, I will try to address them. George A. Staples GAS:clh W:\NRH\General\Cunningham.ltr. wpd 1a/14/2aa2 14:a9 8174421533 JOHN GITLIN PAGE a2 JOHN J. GITLIN, ESQ. .~.n.~~ 1450 HlIgÞI:!I Road Suiu 110 Grapevine. TexlIs 760S1 Metro Direct Dial: (117) 410-1977 f.csimilC': (81'11 .0-1533 I:-mRìI: ifitlin(ii)eønhlink.nec October 14, 2002 George A. Staples, Esq. City of North Richland Hills 730 I NE Loop 820 North Richland Hills, Texas Via Facsimile (817) 427-6016 Dear George; As discussed, I am enclosing a h.tter which you are of' ~urse free to circulate to interested parties wh ¡en briefly sets forth what I believe are the pertinent highlights of the Company relating to the wrecker service bidding which is currently pending with the City of North Richland Hills. As to the several other subjeot area which you and J have discussed, the following are the Company's --. responses to those matters: 1. Bankf"QDtcv. ABC Wrc;:ckcr Services has never been in bankruptcy. Mr. Fornof. the Manager of the Company did initiate a bankruptcy proceeding in California in 1982 which, as previously ¡ ndicated was the direct result ofthe sudden death in an automobile accident of both of his parents and two children which, as I am sure you can appreciate, was totally devastating to hím and severely impacted on his ability to continue in the business in which he was engaged at the time. 2. Tax Lien. There is a tax. Hen which W&3 fitedby the State of Cali fomi a which retates to the 1982 events. To the extent that the lien evidences a later date which I understand to be 1993, it must be a renewal by the State of a líen which originated in or about 1982. 3. SouthWÐstenl Bell Jud¥ment. This judgment was fully sa.tisfied and a Release of Judgment has, T have been informed, been issued by Southwestern Bel1. I am also enclosing a proposed Stipulation ofDismis:sal which can be filed with the United States District Court at the a.ppropriate time. Please review both the above and enclosed and let me know ifthere is any other information which 1 .;an provide to you. Received Oct-14-0Z OZ:Z3pm From-B1T44Z1533 To-City Of North Richla Pale OZ 10/14/2002 14:09 JJGlhsa . 8174421533 Re,eived O,t-14-02 02:23pm From-S1T4421533 JOHN GITLIN PAGE 03 To-Cit1 Of North Ri,hla Pa.e 03 10/14/2002 14:09 8174421533 JOHN GITLIN PAGE 04 JOHNj. GITI.IN, ESQ. J~~..~~ t4..~ HUlhe. ao.d Suite 210 Grapcvinl!. Texa, 16051 Metro Direct DiRt: (817) 4Jo.1977 FIIe!imile: 1,1117) 442-1533 e·mail: iRltlfn<iiJP.artJ.link.nl.l October 14, 2002 GeOrge A. Staples, Esq. City of North Richland Hills 730] NE Loop 820 North Richland HiJJs, Texas Via Facsimile (817) 427-6016 Dear Mr. Staples; Pursuant to our eartier conversation and at your «:quest, the fo Hawing is a brief overview of ABC Wrecker Services, Inc. as it rela.te~ to t'he questions which have been posed by you: ABC has been in the wrecker business since 1984. Its principal offices are located in the City of North Ric:hland HiI1s. Since, at least, 1988 to the present, ABC has performed :wrecker servjces on .,,- a rotational basis for the City of North Richland Hi11s relating to the towing of vehicles through the City's police depamnent as a service to the: pubti¡;; when thc owner/operator knows of no particu1ar wrecker service that they wish to use. (See Sections TV. and VU of Ordinance No. 1797.) In addition to the wrecker services performed at the request of North Richland HiUs, ABC currently performs services for the following governmental agencies in Tarrant County: µovemmental Agencv City of Fort Worth Police Department Contact Person and Number Deputy ChiefLan'y Curtis (&11) 877-8001 Services Provided Sinoe 1985 Tarrant County Sheriff's Office Sgt. Jim Pratt (81 7) 884·2892 1985 U.S. Postal Service Mr. Will Hammond 1991 Additionally, from approximately 1988 to 1992, ABC performed on a rotational basís with another service all non-conGent towing services for the City of Bedford. Received Oct-14-0Z OZ:Z3pm From-81744Z1533 To-City Of North Richla Pale 04 1a/14/2aa2 14:a9 8174421533 JOHN GITLIN PAGE as George Staples, Esq. October 14, 2002 Page Two ABC, of course, also performs substantial commert:iaJ wrecker services- more than 70 accounts- which includes cJients such as Roadway EJlpress, four motor club~ Werner Transportation Enterprises, Andrews Transport and Swift Transport. As to its flnancial strength, in :2001, ABC qualified for and obtained a credit line in the amount of $1,500,00.00 trom GE Capital Fleet Services and TCF Leasing for the lease purchase of model 2002 tow truck vehicles which are specifically listed in the Equipment List which was s:ubmitted by ABC to the City as part of its bid documents. 1 trust that the above is helpful to you and the City. rfyou have any further ques:tions or need any further infonnation, please do not hesitate to contact me. JJG/hsa Received Oct-14-0Z OZ:Z3pm From-BI144Z1533 To-City Of North Richla Paie 05 -"-'--" .'.,------- 18/14/2882 14:89 8174421533 JOHN GITLIN PAGE 86 EQUIPMENT LIST ABC Wrecker Service owns and operates a modern and comprehensively complete fleet of towing and recovery equipment. Here is a detailed list: ONE; 1997 Ford F-800 RoUback; 26" dcck; 12,000 lb. Cap. Winch; 15,000 lb. Cap. Deck; 4,500 lb. Wbeel life capacity. ONE: 1999 Chevrolet 6500 Rollback; 21'J deck; 12,000 cap. Winch; 10,000 lb. Cap. Deck; 4,500 lb. Wheel lüe capacity. ONE: 1999 Chevrolet 6,500 lb. Tow Tnek; 12-too cap. Boom; 2 ~ 12,000 Jb. Cap. Winches; 6,000 lb. Wheellüe. Air Brakes. ONE; 2002 International 4,300 lb. Tow Truck; 12-ton cap. Boom; Z -12,000 lb. Cap. Winches; 6,OOo-lb. Wheel life cap. Air Brakes. ONE: 2002 International 4,300 lb. Tow Truck; IS-ton cap. Boom; 2 - 15,000 lb. Cap. Winches; 8,500 lb. Wheel Jüt cap. Air brakes. SIX: 2002 International 4300 Rollbacks; 21' deck, @ 102" wide; 12,000 Cap. Winch; 4,500 lb. Cap. Wheel lift. Air Brakes; 10,000 lb. Cap. Deck. ALL OF THE ABOVE TRUCKS HAVE A MANUFACTURERS TOW RATING OF OVER 20,000 POUNDS. ONE: 2002 Peterbilt 379 Super Heavy Tow Truck. 50 ton cap. Boom; 2 - 25 ton Winches; underlift with 18,000 lb. Cap. @ 112" extension. ONE: 2002 PctcrbUt .379 Super Heavy Tow Truck. 3S ton cap. Boom; 2 - 20 ton Winches; underlüt with 16,000 lb. Cap. @ 110" e%tenston. BOTH OF THESE PETERBILT TRUCKS HAVE MANUFACTURERS TOW RATINGS OF 80,000 POUNDS. ONE; 2002 Ford F-350 4x4 crew cab; 4,500 lb. Cap. Underlift; 9,000 lb. Winth. Tills unit is also used to transport stranded passengers, asstst in off-road Recovery and tow disabled vehicles. ONE: Trailer designed to transport motorcycles. ONE: Enclosed Trail~:t', 16' Jong. ONE: Flatbed Trailer, 18' deck length. EACH OF THE ABOVE TRUCKS IS EQUIPPED WITH A CONTINGENT OF RECOVERY TOOLS AND SUPPLIES, ENABLING EACH UNIT TO ENGAGE IN ANY RECOVERY EFFORT NECESSARY. BOTH ·SUPER-HEA VY' TOW TRUCKS ARE SUPPLIED WITH A COMPLETE SET OF FRAME FORK AXLE LIFr ATTACHEMENTS, IN ADDITION TO RECOVERY EQUIPMENT AND SUPPLIES. Received Oct-14-0Z OZ:Z3pm From-B1744ZI533 To-City Of North Richla Pale 06 Announcements and Information October 28, 2002 Presented by Mayor Pro Tem Metts: Announcements November 3-9 is Animal Shelter Appreciation Week and the Animal Adoption and Rescue Center is hosting the second annual Open House on November 3. The Open House will be held from 1-5 p.m. and there will be tours and refreshments. Come learn more about your Animal Shelter and the great staff that serve and protect our animals. The Animal Adoption and Rescue Center is located at 7200 Dick Fisher. Information November 5 Election Day Call 817-884-1115 to determine your polling location. November 9 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570 ATTEST: Patricia Hutson, City Secretary BY: Approved as to content: Larry J. Cunningham, City Manager BY: Approved as to legal form: George Staples, City Attorney BY: 3