The URL can be used to link to this page

Home My WebLink AboutCC 2011-10-10 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 10, 2011 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discussion of Proposed Building Standards Program for Rental Units A.2 Discussion of SB 1 and Amending Section 74 -38 of the North Richland Hills Code of Ordinances Providing for Taxation of Goods in Transit (5 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011- 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011- 000462 -1) B.2 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer; or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance wit Chapter 551, Texas Government Code on October 7, 2011 at a.m. fid f- G QkQ_ A sta t City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda —October 10, 2011 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 10, 2011 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tern Barth A.2 Pledge - Mayor Pro Tern Barth A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. City Council Agenda —October 10, 2011 Page 2 of 4 B.1 Approval of Minutes of September 26, 2011 City Council Meeting B.2 GN 2011 -084 Authorize Purchase of Storage Area Network Hardware and Software from Sigma Solutions, Inc. in the amount of $84,500.00 B.3 GN 2011 -086 Amendment to NRH Code of Ordinances, Chapter 18, Article IV, Food Establishment Ordinance - Ordinance No. 3167 B.4 GN 2011 -087 An Ordinance Amending Section 50 -3 (b) Prohibiting Skateboarding in Certain Locations, Providing for Publication and Establishing an Effective Date - Ordinance No. 3165 C.0 PUBLIC HEARINGS C.1 RP 2011 -03 Public Hearing and Consideration of a Request from Brynwyck Equity Partners, Ltd. for a Replat to create Lots 1 -38, Block A, Brynwyck Addition (located in the 8800 Block of Martin Drive.) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2011 -088 Consider Renewal of Northeast Tarrant Teen Court Interlocal Agreement F.2 GN 2011 -089 City of Watauga Rufe Snow Drive Public Safety Services Municipal Boundaries Agreement F.3 GN 2011 -091 Shared Services Agreement between the Cities of North Richland Hills, Haltom City, Watauga and Richland Hills F.4 PU 2011 -036 Authorize the Payment of $50,416 to Sam Houston State University for the First Year Annual Maintenance of CRIMES Law Enforcement Software Package F.5 PU 2011 -037 Authorize the Payment of $65,000 to Pure Data LLC for Professional Services to convert historical data currently stored in Tiburon Software F.6 PU 2011 -038 Authorize Purchase, in the amount of $67,440.00, to ACS Firehouse for a replacement Fire Records Management System City Council Agenda —October 10, 2011 Page 3 of 4 F.7 PU 2011 -039 Authorize Payment, in the amount of $55,500.00, to DFW Communications to Relocate Radio Equipment F.8 GN 2011 -085 Approve Fiber Agreement between the City of North Richland Hills and Charter Communications, Inc. for $3,099.00 Monthly and Construction Fee of $2,000 F.9 GN 2011 -090 Tarrant Appraisal District Board of Directors - Nominations for Upcoming Election - Resolution No. 2011 -032 F.10 PU 2011 -034 Authorize Payment to Motorola Inc., in the amount of $79,994.85, for required P25 digital flash upgrades to a portion of the radio fleet F.11 PU 2011 -035 Authorize Payment, in the amount of $300,004.56, to Motorola for annual public safety radio maintenance agreement G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Rodriguez H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 7, 2011 at a.m. CJIMA� A si ro t City ecretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — October 10, 2011 Page 4 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 10, 2011 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discussion of Proposed Building Standards Program for Rental Units A.2 Discussion of SB 1 and Amending Section 74 -38 of the North Richland Hills Code of Ordinances Providing for Taxation of Goods in Transit (5 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011- 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011- 000462-1 ) B.2 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer, or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 7, 2011. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 10, 2011 7:04 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a. m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------- - - - - -- A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tern Barth A.2 Pledge -'Mayor Pro Tern Barth A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open (Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of September 26, 2011 City Council Meeting B.2 GN 2011 -084 Authorize Purchase of Storage Area Network Hardware and Software from Sigma Solutions, Inc. in the amount of $84,500.00 B.3 GN 2011 -086 Amendment to NRH Code of Ordinances, Chapter 18, Article IV, Food Establishment Ordinance - Ordinance No. 3167 B.4 GN 2011 -087 An Ordinance Amending Section 50 -3 (b) Prohibiting Skateboarding in Certain Locations, Providing for Publication and Establishing an Effective Date - Ordinance No. 3165 il= all 0 .11C0ImIX V101Cep C.1 RP 2011 -03 Public Hearing and Consideration of a Request from Brynwyck Equity Partners, Ltd. for a Replat to create Lots 1 -38, Block A, Brynwyck Addition (located in the 8800 Block of Martin Drive.) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. Iaxl =e1:110I:11:LI019 :11 LTA t•1 F.1 GN 2011 -088 Consider Renewal of Northeast Tarrant Teen Court Interlocal Agreement F.2 GN 2011 -0189 City of Watauga Rufe Snow Drive Public Safety Services Municipal Boundaries Agreement F.3 GN 2011 -091 Shared Services Agreement between the Cities of North Richland Hills, Haltom City, Watauga and Richland Hills FA PU 2011 -036 Authorize the Payment of $50,416 to Sam Houston State University for the First Year Annual Maintenance of CRIMES Law Enforcement Software Package F.5 PU 2011 -037 Authorize the Payment of $65,000 to Pure Data LLC for Professional Services to convert historical data currently stored in Tiburon Software F.6 PU 2011 -038 Authorize Purchase, in the amount of $67,440.00, to ACS 'Firehouse for a replacement Fire Records Management System F.7 PU 2011 -039 Authorize Payment, in the amount of $55,500.00, to DFW Communications to Relocate Radio Equipment F.8 GN 2011 -0185 Approve Fiber Agreement between the City of North Richland Hills and Charter Communications, Inc. for $3,499.00 Monthly and Construction Fee of $2,000 F.9 GN 2011 -090 Tarrant Appraisal District Board of Directors - Nominations for Upcoming Election - Resolution No. 2011 -032 F.10 PU 2011 -034 Authorize Payment to Motorola Inc., in the amount of $79,994.85, for required P25 digital flash upgrades to a portion of the radio fleet F.11 PU 2011 -035 Authorize Payment, in the amount of $300,004.56, to Motorola for annual public safety radio maintenance agreement 101=00:14111 I G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Rodriguez H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 7, 2011. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills Work Session City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 10, 2011 5:30 P.M. A.0 Discuss Items from Reaular Citv Council Meetina A.1 Discussion of Proposed Buildina Standards Proaram for Rental Units A.2 Discussion of SB 1 and Amendina Section 74 -38 of the North Richland Hills Code of Ordinances Providing for Taxation of Goods in Transit (5 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev reaardina Pendina Litiaation - 11 State of Texas v. Citv of North Richland Hills (No. 2011- 002840 -1); and 2) State of Texas v. Citv of North Richland Hills (No. 2011- 000462 -1) B.2 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Emplovment, Evaluation, Duties of Public Emplovees - City Manaaer and Citv Secretary B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city's attornev to seek advice about pending or contemplated litigation; or a settlement offer: or on a matter in which the duty of the attornev to the aovernina bodv under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code C.0 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. A.0 Discuss Items from Regular City Council Meeting M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. A.1 Discussion of Proposed Building Standards Program for Rental Units Presenter: Dave Pendley, Building Official Summary: Discussion of a proposed building standards ordinance for single - family rental units (1-4 unit dwellings) that would require owners to obtain a Certificate of Occupancy (C.O.) prior to tenants taking possession of their units. General Descrir)tion: Staff is proposing to bring forth a buildings standards program for rental units that would go into effect on January 1, 2012. This program would serve to protect the safety of our citizens and treat rental properties similar to other businesses by requiring a C.O. prior to occupancy. The program will also serve to maintain and rejuvenate the city's stock of single - family rental units, while being as convenient as possible for property owners, with no licensing or registration fees. For purposes of this report, a single family rental unit is any living unit within an attached or detached one- family dwelling, duplex, tri -plex, four -plea or townhouse that is rented or leased for use as a residence by a single family, individual or group of individuals. Program parameters would include the following: • Inspections for minimum housing conditions to occur at each tenant turnover. Inspectors would look at life- safety items, deteriorated exterior walls, soffits, roofing, plumbing and electrical hazards, dilapidated out - buildings, and would include. Unsafe Structures Property Sanitation Accessory Structure Pools, Hot Tubs, Spas Infestations (pest or rodent) Exterior Building Conditions Interior Building Conditions Plumbing Systems Combustion Air Electrical Hazards Smoke Detectors Mechanical Equipment Site Grading /Drainage Security Devices ■ January 1, 2012 effective date. ■ Six month moratorium on building permits fees for all rental unit repairs (permits and inspections would still be required). ■ Program would be free to property owners with no annual license or registration. • Units found to have been occupied prior to an inspection would be subject to a $100 administrative fee. • Current staffing can handle inspection loads.. ■ Units occupied by the landlord's direct family member(s) would be exempt. • First time units that have entered the rental market in an effort to prevent foreclosure or similar economic hardship would be exempt for the owner's first tenant. Staff will be presenting a Power Point program to demonstrate how such a program might work and will be seeking Council's feedback and consensus. A proposed check list has been provided below: MR HRenta/ In spection Checklist Inspection Description of Inspection Area Inspection Areas I Checklist Unsafe Structure 1 "hen a structure is found unsafe and unfit for hurnan occupancy, ails idateiw e and repair dilapidated beyond reps' {r Additional comments: Property Sanitatian Property must be kept dean, sanitary and free oftrasWjunk Loose tr3sh unk Additional comments: Site Grading/ Drainage swales, gutters, and grading mustbe maintainedto provide Drainage adequate storm drainage Accessory All accessory structures including detached garages, fences and Structures walls must be maintained in structurally sound condition- Roofing and waf Is must bewatertight and weather resistant. Pools, Hot Tubs, Must be kept in sanitary condition and maintained in good repair Spa Extermination All structures must be kept free from insects and rodent infestation Dr3inaQe svvale Gutters & downsuouts Impeding drainag comme EXposep wood ��pssorV building Dilanidated buildino materials Exterinr wall c overing s Dirapidafedfencinci ordates Additonal comments: Staonant water from pool or hot tub Paul requires self closinUlatching gate Fence not proper height Poolfence not in complianc Add itional comments- Needs extermination. Additional comments: Rental Inspection Program Certificate of Occupancy Checklist Inspection Areas Description of Inspection Areas Inspection Checklist Exterior Building The exterior of the structure must be maintained in sound Rotted exterior yuood Conditions and sanitary condition and not a threat to public health and welfare. Exposed wood Exterior surfaces must be painted and any decayed wood removed. Roof Chipped and peeling wood must be water tight and all broken windows repaired. Roof water tight Foundations must adequately support the building; worst Broken windows cases may require repair. Exposed electricalwirinq - Broken electrical fixtures Additional comments: Interior Building The interior of the structure and equipment must be maintained in Holes in walls Conditions sound and sanitary condition. All interior surfaces walls, doors, ceilings and Holes in ceilings floors must be maintained in good repair. Brokers dpp rs Stairways and rails must be sound and in good repair. Damaaed floors 5agg n rcilinnc unsound stairways Stairvvav handrailslauardrail Unsanitary floorcoverings Peelinq paint Additional comments: 117lumbing Systems All plumbing fixtures in bath, kitchen, and around exterior of house Sanitize plumbing fixtures Must be maintained in sanitary condition. Fixtures that are required by Bathflavato 1 code such as lavatory, water closet, shower, bathtub. kitchen sink and Kitchens in hot water heater must be installed and in working order with no signs of leaks. Leakin�7 faucets or drains hat water heater Hot water heater eyed vented was line to riot; ware( he er. IHot and cold wate Rental Inspection Program Certificate of Occupancy Checklist Inspection Description of Inspection Areas Inspection Checklist Areas Security Devices Sanitary Drainage Mechanical Equip Combustion Air Electrical Hazards All existing rental dwellings must be equipped with keyless Deadbolt lock or bolting devic deadbolts (or keyless bolting devices) door viewers, and sliding door Doorview pinlocks. Slidinn donr ninl a t Oidinn rinlpr All plumbing fixtures shall be connected to an approved sanitary sewer system and shows no signs of a leakage. All mechanical equipment shall be installed and maintained in good repair All fuel burning appliance closet shall be ventilated with fresh air All improper wiring , exposed electrical conductors, damaged conductors i.e.. Snitches and plugs will be repaired to eliminate hazard Additional comments, Visible sewage leak Fixtures connected to sanitary drainage s stem dditional comments: Mechanical equipment Mechanical eauiomentin disrepair Condensate drains Additional comments: Combustion air , Properly vented appliances Additional comments: Damaged electrical wiring Wall plugs Wall switch Ex�osed electrical wirnq Ceiling fixtures Mlssinq plug{ switch cover plates Smoke Detectors Smoke alarms in existing areas are not required to be hard wired, Smoke alarms in all bedrooms however battery pack units are required in each sleeping room and hall Smoke alarms in hallway that leads to those sleeping rooms on ever floor. Smoke alarms functioning M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. A.2 Discussion of SB 1 and Amending Section 74-38 of the North Richland Hills Code of Ordinances Providing for Taxation of Goods in Transit (5 Minutes) Presenter: Karen Bostic, Assistant City Manager Summarv: In 2007, the 80 Texas Legislature enacted Tex.Tax Code § 11.253 (House Bill 621) which implemented the goods -in- transit exemption authorized by Texas Constitution, Art. 8 sec. 1' -n. That bill defined "goods -in- transit" in part as tangible personal property detained in a location in this state whose owner did not have direct or indirect ownership of the facility at which the property was assembled, stored, manufactured, processed, or fabricated. House Bill 621 also provided for a local option to tax goods -in- transit notwithstanding the authorized exemption. A number of taxing units, including North Richland Hills, chose to do so beginning in tax year 2008 by taking official action through their governing bodies. The 82 Legislature has now enacted Senate Bill 1, amending § 11.253 and, through that amendment, has narrowed the definition of "goods -in- transit." The amendment is effective October 1, 2011 and it applies to tax years 2012 and subsequent. The only exemption now authorized relates only to those goods being stored. General Descrir)tion: In October 2007, City Council approved an ordinance amending Article II of Chapter 74 of the North Richland Hills code of ordinances by enacting a new section 74 -38 providing for the taxation of goods -in- transit exempted under section 11.253, subsection b, of the Tax Code. During the 82 Legislature Senate Bill 1 was passed and signed into law by the Governor. This bill included narrowing of the definition of "goods -in- transit" which requires that Council must now take action to continue taxing these goods. A public hearing must be held prior to passing an ordinance to continue taxation of goods in transit. The purpose of the public hearing is to provide taxpayers the opportunity express their opinions on the subject. The public hearing may be held in conjunction with a regular council meeting. There is no requirement for publishing notice of the hearing other than including notice of the public hearing on a regular meeting agenda. If Council chooses to continue taxing goods -in- transit for tax year 2012 and subsequent years, action must be taken between October 2, 2011 and December 31, 2011. Staff would recommend placing this item on the October 24 regular agenda. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. B.1 Executive Session; 'Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011- 000462 -1) M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. B.2 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer; or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -201 Subject: Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 10, 2011 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Mavor Pro Tem Barth A.2 Pledae - Mavor Pro Tern Barth A.3 Special Presentation(s) and Recoanition(s) No items for this category. AA Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of September 26, 2011 Citv Council Meetina B.2 GN 2011 -084 Authorize Purchase of Storaae Area Network Hardware and Software from Siama Solutions, Inc. in the amount of $84,500.00 B.3 GN 2011 -086 Amendment to NRH Code of Ordinances, Chapter 18, Article IV, Food Establishment Ordinance - Ordinance No. 3167 B.4 GN 2011 -087 An Ordinance Amendina Section 50 -3 (b) Prohibitina Skateboardina in Certain Locations. Providina for Publication and Establshina an Effective Date - Ordinance No. 3165 149` =IlJ:11 [Gomm IZMAI aI►[e C.1 RP 2011 -03 Public Hearing and Consideration of a Request from Brvnwvck Eauitv Partners, Ltd. for a Replat to create Lots 1 -38, Block A, Brvnwvck Addition (located in the 8800 Block of Martin Drive.) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. xI�e3:1110 �i6 F.1 GN 2011 -088 Consider Renewal of Northeast Tarrant Teen Court Interlocal Aareement F.2 GN 2011 -089 Citv of Watauaa Rufe Snow Drive Public Safetv Services Municipal Boundaries Aareement F.3 GN 2011 -091 Shared Services Agreement between the Cities of North Richland Hills, Haltom Citv, Watauaa and Richland Hills F.4 PU 2011 -036 Authorize the Pavment of $50,416 to Sam Houston State Universitv for the First Year Annual! Maintenance of CRIMES Law Enforcement Software Packaae. F.5 PU 2011 -037 Authorize the Pavment of $65,000 to Pure Data LLC for Professional Services to convert historical data currently stored in Tiburon Software.. F.6 PU 2011 -038 Authorize Purchase, in the amount of $67,440.00, to ACS Firehouse for a replacement Fire Record's Management Svstem. F.7 PU 2011 -039 Authorize Pavment. in the amount of $55,500.00, to DFW Communications to Relocate Radio Equipment. F.8 GN 2011 -085 Approve Fiber Aareement between the Citv of North Richland Hills and Charter Communications, Inc. for $3.099.00 Monthly and Construction Fee of $2,000. F.9 GIN 2011 -090 Tarrant Appraisal District Board of Directors - Nominations for Upcominq Election - Resolution No. 2011 -032 F.10 PU 2011 -034 Authorize Pavment to Motorola Inc.,. in the amount of $79,994.85, for revuired P25 digital flash upgrades to a portion of the radio fleet. F.11 PU 2011 -035 Authorize Pavment, in the amount of $300,004.56. to Motorola for annual public safety radio maintenance agreement 1011M ON :1011111 kyj :111110 **1 Eel 1 I I 1 :11 LIVA 6 G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Agenda :1111 =IONI go] :11►L UTAIEel 01,10I III V:11 go] - A �'� H.1 Announcements - Councilman Rodriquez H.2 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. A.0 Call to Order - Mayor Trevino M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10-10-2011 Subject: Agenda Item No. A.1 Invocation - Mayor Pro Tern Barth M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. A.2 Pledge - Mayor Pro Tem Barth M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10-10-2011 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. A.5 Removal of Item (s) from the Consent Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. B.1 Approval of Minutes of September 26, 2011 City Council Meeting Recommendation: To approve the minutes of the September 26, 2011 City Council Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — SEPTEMBER 2C, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26 day of September 2011 at 0:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Barth Mayor Pro Tern, Council, Place 4 Tito Rodriguez Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 (present at 6 p.m.) David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer John Pitstick Director of Planning &r Development Larry Koonce Finance Director Carolyn Waggoner Public Works Civil Engineer Greg VanNieuwenhuize Public Works Assistant Director Kristin Weegar Sr. Mgt. Asst. Development Services Andrew Jones Fire Chief Sean Hughes Emergency (Management Coordinator Craig Hulse Economic Development Director Mark Mills Budget Director JoAnn Stout Neighborhood Services Director Dave Pendley Building Official Kyle Spooner Information Services Director Frank Fiorello Technical Services Coordinator Clayton Comstock Senior Planner Call to Order Mayor Trevino called the work session to order at 8:00 p.m. A.0 Discuss Items from Reaular Citv Council Meeting There were no questions from the Council. A.1 Review Options for the Sarina Oaks Screenina Wall Car)ital Proiect Carolyn Waggoner, Public Works Civil Engineer, presented pictures and reviewed options for the replacement of the Spring Oaks screening wall. The City of North Richland Hills has been made aware of resident concerns regarding the existing masonry wall between the Spring Oaks Addition and Hometown. It appears that when the developer built this wall in the 1990's, sections of the wall along the east border of Spring Oaks were inadvertently placed within the public right -of -way (ROW) of what was then Amundson Drive, as opposed to being placed on private property. After inspecting each of the existing wall panels, it is clear that very few of the panels are in truly good condition. Earlier this year, Staff hired a licensed surveyor to gather field data and determine the exact location of the wall and sidewalk relative to the property line. Based on their findings, the wall itself is located on private property for nine out of the eleven Spring Oaks properties. However, while the wall is largely located on private property, the adjacent sidewalk 1 spread footing is at least partially located within the public ROW for the entire length of the wall. Staff considered removal of the wall without a replacement and several other options. The options considered by Staff are: 1. Repairing existing wall. 2. Remove existing masonry wall and adjacent sidewalk a. Allow individual property owners to install a new fence or wall if desired. Considerations: Y Irregular appearance due to differing fence styles & materials Varying levels of maintenance r Unanticipated expense for Spring Oaks residents b. Construct a replacement masonry wall, designed and built to current City standards. Considerations: v Cost of wall: $60 - $150 per linear foot depending on type of construction Underground conflicts will require the wall be Located on public property, narrowing the alley ROW width City construction of the wall could implicate the City in future maintenance of the wall Unanticipated expense for Spring Oaks residents c. Construct a wooden privacy fence in place of the former wall. Considerations: Most economical solution y Consistent with adjacent subdivision r Fence can be constructed on the property line, leaving the alley ROW intact Lower maintenance and future replacement costs for Spring Oaks residents Staff is recommending the removal the existing masonry wall and sidewalk and to construct a wooden privacy fence in place of the former wall, coordinating the fence style with the neighboring subdivision. After a brief discussion and questions by the Council, the consensus was in favor of the removal of the masonry wall and to construct a coordinating wooden privacy fence. A.2 Update on Public Safetv Consolidation Proiect Jimmy Perdue, Public Safety Director, presented the item. As early as 1991, city leaders in Haltom City, North Richland Hills, Richland Hills and Watauga examined the possibility of sharing services as a cost cutting as well as service delivery improvement concept. In 2007, the Cities of Keller and Southlake merged dispatch and jail services later to be joined by Colleyville. The success of this partnership as well as others in the region prompted the Chiefs of Police for Haltom City, North Richland Hills, Richland Hills and Watauga to revisit the concept with specific emphasis on Public Safety Communication and Detention Services. An examination revealed there were financial incentives to be realized by eliminating unnecessary redundancies, compressing excess capacity in physical facilities and personnel. As the project gained momentum with inclusion of the associated fire departments, a rough draft of the program was developed with North Richland Hills acting as the host agency for sharing these services. The timeline for the implementation of this undertaking has been developed so as to minimize impact on the public safety operations of each city. Shared detention services for all four cities will commence in November 2011 following minor remodeling in the current jail facility and assimilation of additional personnel from the partner cities. During November and December, the new public safety software will be installed, tested, and personnel trained in its use. Current plans call for joint public safety communications to commence from the North Richland Hills dispatch center in April 2012 following acquisition of personnel from partner cities. After a brief discussion and questions by the Council, the consensus was to move forward with the service agreement. The service agreement will be brought back to Council for formal action. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551. Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regardinq Pendinq Litigation - 1) State of Texas v. Citv of North Richland Hills (No. 2011 - 002840 -1): and 2) State of Texas v. Citv of North Richland Hills (No. 2011 - 000462 -1) Mayor Trevino announced at 6:37 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: • Section 551.071, Texas Government Code: to consult with Attorney regarding Pending Litigation — 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1). C.0 Adiournment Mayor Trevino announced at 6:42 p.m. that the Council would adjourn to the regular Council meeting. N =141'1A_1Z010111rIN10�JI=1 =1II►CL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order September 26, 2011 at 7:01 p.m. I ZT91 I W+1',1 I I Present: Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place 6 Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director Monica Solko Assistant. City Secretary George Staples Attorney A.1 INVOCATION Councilman Lombard gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Lombard led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PROCLAMATION FOR COMMUNITY PLANNING MONTH PRESENTED BY COUNCILMAN RODRIGUEZ Councilman Rodriguez presented the Community Planning Month Proclamation to John Pitstick, Planning and Development Director and acknowledged in the audience Randy Shiflet, Mike Benton, and Kathy Luppy who serve on the Planning and Zoning Commission, Clayton Comstock, Senior Planner and Dave Pendley, Building Official. Mr. Pitstick said a flew words and invited everyone to the October 6th Planning and Zoning Commission meeting where Fort Worth Councilman Danny Scarth would be presenting Vision of 2050 Plan as part of the kick -off for Community Planning month. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PRESENTATION OF "I DIG MY GARDEN" PHOTO CONTEST Kathy Luppy, Chair of Keep NRH Beautiful presented the I Dig My Garden Photo Contest winners: Cateaorw Beautiful Backyard Critters & Creatures Handsome Hardscape Luscious Lawn Outstanding Ornamental Pretty Pond Visible View Voluminous Vegetables Winner David & Virginia Smith Gary Yardley, Sr. Marsha Pendley Tiffany Hayes Glenn & Kathy Nerwin David & Virginia Smith Johnny Gilliland Vici Carpenter A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 5, 20'11 CITY COUNCIL MEETING B.2 APPROVAL OF MINUTES OF SEPTEMBER 12, 2011 CITY COUNCIL MEETING B.3 GN 2011 -080 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH MUNISERVICES, LLC FOR SALES TAX COMPLIANCE REVIEW SERVICES B.4 PW 2011 -016 APPROVE ESTABLISHING A MUNICIPAL SETTING DESIGNATION FOR A 16.081 ACRE TRACT OF LAND KNOWN AS LOT 1 R AND LOT 2R -1, BLOCK 1 OF FIVE STAR FORD ADDITION WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS - ORDINANCE NO. 3164 B.5 PW 2011 -015 APPROVE A RESOLUTION IN SUPPORT OF THE APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION ON A 16.081 ACRE SITE KNOWN AS LOT 1R AND LOT 2R -1, BLOCK 1 OF FIVE STAR FORD ADDITION — RESOLUTION NO. 2011 -031 B.6 PW 2011 -017 APPROVE THE CLOSING AND ABANDONMENT OF A PORTION OF LEWIS ROAD LOCATED WITHIN THE SMITHFIELD CORNERS ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY TEXAS - ORDINANCE NO. 3152 B.7 GN 2011 -082 AUTHORIZE CONTRACT WITH REDFLEX TRAFFIC SYSEMS, INC. TO ADMINISTER SCOFFLAW PROGRAM COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2011 -081 APPOINTMENTS TO PLANNING & ZONING COMMISSION & CAPITAL IMPROVEMENT ADVISORY COMMITTEE - PLACE 5 & EX OFFICIO~ APPROVED Councilman Whitson presented the item. The Place 5 position on the Planning & Zoning Commission & Capital Improvement Advisory Board is vacant. Councilman Whitson recommended the appointment of Kathy Luppy who currently serves in the Ex Officio positions. Ms. Luppy's term will expire June 2013. With the vacancy in the Ex Officio positions, the Mayor is recommending appointment of Gerald "Jerry" Tyner. Mr. Tyner's term will expire June 2012. COUNCILMAN WHITSON MOVED TO APPROVE GN 2011 -081 APPOINTMENTS OF KATHY LUPPY, PLACE 5 AND JERRY TYNER, EX- OFFICIO ON THE PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY BOARD. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2011 -074 APPROVAL OF AMENDMENTS TO THE YOUTH ADVISORY COMMITTEE BYLAWS APPROVED Kristin Weegar, Senior Management Assistant Development Services, summarized the item. The Youth Advisory Committee's 'Executive Committee members met over the summer to revise the Committee's Bylaws so that they align with Ordinance No. 2226, and upon closer review decided to make a few additional changes. Ordinance No. 2226 16 Member Committee Executive Committee made up of Chairman, Vice Chairman, Secretary and Treasurer Two written reports to City Council are required each academic year. One will be given by January 31s and the second by May 31 st Current Bylaws 12 Member Committee Executive Committee made up of Chairman, Vice Chairman, Secretary and At Large Member One final report shall be given to City Council at the end of the Academic Year Revised Bylaws 16 Member Committee Executive Committee made up of Chairman, Vice Chairman, Secretary and Treasurer Two reports to City Council are required each academic year. One will be given by January 31S and the second by May 31s As the Executive Committee further reviewed the Bylaws, they felt a few additional changes were necessary. The following table outlines additional changes the Executive Committee felt necessary: Current Bylaws New members are appointed at the end of the previous academic year Requires the establishment of a separate Community Service Committee At Large Executive Committee Member M Revised Bylaws New members are appointed at the beginning of the current academic year Removes the requirement to establish the Community Service Committee This was changed to "Treasurer" to conform with the ordinance, additional responsibilities were given to this position in regards to the creation and management of the budget E Reasoning This will allow for easier recruiting because kids are looking for new activities to start at the beginning of the school year more so than at the completion of the year The Executive Committee felt that the duties performed by this committee can easily be accomplished by YAC as a whole in their regular meetings To conform to the ordinance and give the Treasurer duties that are normally completed by a person holding that office Current Bylaws Meetings of the YAC Executive Committee will be held once a month Members missing more than 3 regular meetings of the committee will automatically be removed from YAC - Revised Bylaws Meetings of the YAC Executive Committee will be held as needed throughout the year Members missing more than 3 meetings of the committee may not be recommended for appointment to YAC the following year _ Reasoning _ VAC Executive Committee meetings are not always needed once a month. Allows for more discretion in regards to removal of committee members due to poor attendance COUNCILMAN LOMBARD MOVED TO APPROVE THE AMENDMENTS TO THE YOUTH ADVISORY COMMITTEE BYLAWS. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 1 -0. F.3 GN 2011 -415 APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Kristin Weegar, Senior Management Assistant Development Services, summarized the item. The Youth Advisory Committee (YAC) currently has 8 vacancies. The Youth Advisory Committee is recommending the following new members for appointment: • Rachel Andrews – Richland High School – Grade 11 • Rebekah Brand – Birdville High School – Grade 11 • Hayden Hunter – Richland High School – Grade 10 • Benton Orr – Richland High School – Grade 11 • Stephanie Phillips – Richland High School – Grade 10 • Brittany Prough – Birdville High School – Grade 11 • Sara Smith – Richland High School – Grade 10 • Leon Zajimovic – Richland High School – Grade 10 COUNCILMAN RODRIGUEZ MOVED TO APPROVE THE NEW APPOINTMENTS TO THE YOUTH ADVISORY COMMITTEE AS LISTED. COUNCILMAN'HITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 1 -4. F.4 GN 2011 -083 AMEND ARTICLE I OF CHAPTER 62 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND THE RULES AND REGULATIONS APPLICABLE TO PARKS – ORDINANCE NO. 3166 APPROVED Vickie Loftce, Managing Director of Community Services, summarized the item. Staff is recommending approval of the amendments to Article I, Chapter 62 of the North Richland Hills Park and Recreation Code of Ordinances. The amendments include revisions to the existing ordinances as well as new ordinances that will assist in the protection of park users and resources, while addressing enforcement issues. The Parks and Recreation Board reviewed and made recommendations to the revised and proposed ordinance. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2011 -083; ORDINANCE NO. 3166. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GA EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tem Barth made the following announcements. The North Richland Hills Public Library will hold its annual book sale from 9:00 a.m. to 4:00 p.m. on Saturday, October 1st. Many of the books being sold are donations that the library was unable to use in its collection. Other items were removed from the collection throughout the year. All proceeds from the sale will go towards the purchase of new books. The Library is located at 9015 Grand Ave. For more information, please call 817- 427 -6814. Join the North Richland Hills Police Department in celebrating the 28th Annual National Night Out on the evening of October 4 Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. Please contact the Police Department at 817- 427 -7021 to register your neighborhood event. Area residents are invited to learn about the North Texas 2050 plan on Thursday, October 6 at (North Richland Hills City Hall. The presentation will begin at 6:30 p.m. in the City Council Chambers. Danny Scarth, Fort Worth City Councilman and a regional representative from the Vision North Texas Committee, will present the North Texas 2050 Plan recommendations. All interested citizens are encouraged to attend. Kudos Korner Every Council Meeting, we spotlight our employees for the grew things they do. Jeff Smith, Elliott Huff, Clayton Weathers, Eric Gudjohnson and David Nock, Fire Department — A resident sent a card thanking these employees for pulling him from under a fallen tree. He really appreciated the outstanding care they provided. "What a blessing they are to have in our city," he said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:35 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. B.2 GN 2011 -084 Authorize Purchase of Storage Area Network Hardware and Software from Sigma Solutions, Inc. in the amount of $84,540.00 Presenter: Kyle Spooner, Information Services Director Summarv: Staff is recommending the purchase of storage area network hardware and software from Sigma Solutions, Inc. for $84,500 to replace the 6 year old, end -of -life equipment currently used by the City. General Description: The purpose of this project is to replace and upgrade existing 6 year old Storage Area Network (SAN) equipment. In 2005, Council approved the purchase of a SAN solution to consolidate the storage of the City's electronic data, such as documents, presentations, databases, etc. The current equipment has out lived its life expectancy, reaching end -of -life status with the manufacturer and they will no longer be offering support or maintenance for it. The proposed unit offers more capacity, more redundancy and quicker response times than that of the old one. Additionally, the SAN will give us the ability to operate more efficiently by giving us the ability to maintain email and the ability to back up our systems to it. This will exponentially improve backup and recovery times in the event of a disaster. The purchase of the new SAN will include 3 years of full hardware and software maintenance and product training for the Information Services staff. This purchase will result in the City saving an estimated $96,000 ($32,0001year) in maintenance costs. Sigma Solutions, Inc. participates in the State of Texas Department of Information Resources (DIR) cooperative purchasing program (DIR # SDD1418). By purchasing from this contract the City meets all State competitive bidding requirements. Recommendation: Authorize the purchase of storage area network hardware and software from Sigma Solutions, Inc. SIGMA So'lutlons. InC''X oolotgd QTY Prod ICs 2 M '- PW &'US 2 "��` �.A.AS -145W R ff"-001 2�� 1 Y ] YJIII 'S 1 VNX5 ZW 76 �1Y 7 60 6 V13- R4NRc12 1 y+jl�f { MT 1 PS _ Signs Solutions 1 ] {ki- P�R -001 J I W, 1 VNXSPSAS i 11�11V$;+ ] AVJ 1 ] i billpi Am!t 2 1F OR;; Quote Num Am ! City of NRH EMC VNX 5300 V3 Prepared By: Patrick Weller Pone: { -1135 tmail: pwellerCME ' ,Lirr r' .. . tax: [})`2)774 -466 ,Prepared For: �p of RichJ Hills Attu: Mike Steadham _ Nor Richland H.,II.& - City of Choice 7301 N.E. Loop 82.0 rygr h Richland Hills, TX. 76180 TeAk y,4V,FlFi 817 -427 -6230 quote Valid For 30 Days extended List Price Description ( U SD ) City of North Richland Hills VNX 5300 Solution il�y 2 921q, 6r .. Pow er Cord LAS �� - - PJM RT -WARR LIPG ViUldAL Sl1� 288.00 S AM 238 OQ dhYlW VNX,5300 Dim 15XI P WVF,,S - "PACK SX30OG t4 590-bb 31.1 I 1t_. V\ t_ = � � r spy Mn i RACK S} r , � 4 �](y� .� S i /oar - '//� D�MODLfE4PCM�FF S 1,000.00 2.000.00 i IadTA IQ'fVk�d.f�^ MfACK - g VNX5300 ADD ON DATA MOV ER+FC SLC -MfJ RACK '1 � 1,4991M 6WGI3 , 8 0A t: tt't'y E /y,�t t w F 1rl SX3.5NDPE7]AE �i"°rr' 2 �� w 5 615.00 1.64510 2 C13 PN tIE16b, 5-15 PLUGS 125V 10A S - S - VNX CABLE KIFFORDPE +2 EKI CE ;;, PS , - - fld❑fFIDI�� (�I- +,:.)yl -� F:6'1 �Id, 4W00 S 40010 FAST SUFFE lF LH01ENT RtG - V NX, LOCAL RROTECTM SLITE MPLB OENTATKK RACK AND.-, I,',- l IJ -7_. i -1 , I 1. . — .. $ 50 TRANNG Uhf FS VALID'1 YR S SOW PRENUMSOFT] �} ••,rrte� '� a� Ilo 6 72.W �'�� 2 NAL SP5 FOR VNX 5IJ5533 S 492-DO S 4912.00 At P)R ,# SDD1418 No (1 3p � .."YY O> Total $84 F58b.t10 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. B.3 GN 2011-086 Amendment to NRH Code of Ordinances, Chapter 18, Article IV, Food Establishment Ordinance - Ordinance No. 3167 Presenter: Stephanie East, Environmental Health Supervisor Summarv: Chapter 18, Article IV pertaining to food establishments was amended by Ordinance No. 3145 at the August 8, 2011 Council meeting This item is to correct an error that was found in the ordinance. General Descrirstion: The updates to the North Richland Hills Food Establishment Ordinance taken before City Council on August 8, 2011 inadvertently included a draft copy of the ordinance. The ordinance approved by Council included a section addressing variances that was not included in the draft ordinance presented and discussed with Council at the July 11 work session. No other changes have been made to this ordinance since approval by Council. Approval of Ordinance No. 3167 will effectively adopt the final Food Establishment Ordinance as discussed by Council at the July 11 work session. Recommendation: To approve Ordinance No. 3167. RH Al 0 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 18 AND APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; ESTABLISHING CLEARER RULES FOR SELF REGULATION AND COMPLIANCE WITH STANDARDS AND ENHANCING THE ABILITY OF CITY STAFF TO ENSURE THE SAFETY OF FOOD PROVIDED FOR CONSUMPTION BY OTHERS; ESTABLISHING STANDARDS; PROVIDING FOR ENFORCEMENT, AMENDING FEES; PROVIDING FOR DUE PROCESS, PROVIDING DEFINITIONS, ESTABLISHING A PENALTY, PROVIDING FOR SEVERABILITY AND FOR PUBLICATION. WHEREAS, City staff has recommended the adoption of amendments to the City's regulations of food and food service establishments to provide more definitive and detailed guidelines and standards and to clarify requirements for fees, inspections and enforcement; and WHEREAS, the City Council finds that the regulations adopted herein are necessary to protect the health and safety of those who consume food within the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Article IV of Chapter 18 of the North Richland Hills Code of Ordinances be amended to read as follows: "FOOD AND FOOD ESTABLISHMENTS DIVISION 1. GENERALLY Sec. 18 -191. Definitions. When used in the article, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows and this section shall include all definitions included in the regulations adopted in section 18 -271: Child care kitchen means a kitchen within a child care facility that prepares and/or serves meals to children in care. Child care facilities that only serve non- potentially hazardous snacks obtained from an approved source that require limited food handling and require that children in care provide their own meals are excluded from this definition. Commissary means a facility that is permitted and inspected by a municipal or county regulating health authority. The commissary shall provide safe storage of food, paper goods, and single - service articles; equipment to wash, rinse, and sanitize food contact equipment, disposal of waste water, washing and storage of mobile food units, weekend food vendors, or other food vendors' equipment. Residential homes or apartments, child care kitchens or kitchens that cannot be properly secured from entry by non -food employees will not be permitted as commissaries. All food products housed or prepared at the commissary shall be properly packaged, labeled, and obtained from an approved source. Concession stand Seasonal food service means a facility that operates at a fixed location in conjunction with scheduled, community -based sporting or recreational events and operates for no more than four consecutive months (120 days in a 12 -month calendar year). Concession stands are limited to approved menu items including preparation and service of non - potentially hazardous foods, precooked, potentially hazardous food products, and/or frozen, pre - formed hamburger patties requiring limited preparation such as heating, seasoning, and serving. Food handler cards are required for concession stand coordinator(s). Consumer health inspector means the inspector of the department of neighborhood services of the city or his designee. Cooking means cooking all parts of a food to meet the time and temperature requirements set in the Texas Food Establishment Rules without interruption in process or procedure from refrigerated or frozen state until the food is completely and thoroughly cooked. Employee means any person working in a food service establishment including individuals having supervisory or management duties. Fee exempt means any non- profit organization with proof of non- profit status; parent - teacher associations; scholastic -based booster clubs; any City -owned or City - operated food service operation; and as otherwise determined by the director of finance or his authorized representative or as otherwise designated by the city manager. Food means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use either in whole or in part, for human consumption, or chewing gum. Food Demonstration means temporary food service located within a retail grocery store at which a vendor or employee provides food samples to the general public. Food demonstration independent vendors and employees of the retail grocery providing demonstrations shall operate under the direction of a certified food manager, possess current North Richland Hills food handler cards, and meet all applicable food safety requirements as specified in the Texas Food Establishment Rules for temporary food service. Food establishment means any place which offers, produces, or stores food for consumption in single or larger portions or quantities, including but not limited to food service establishments, retail food stores, commissaries, warehouses and food itinerants whether such operations be mobile or operate from a fixed location; and whether there is a charge of a direct and/or indirect nature or said food is given away without a charge. The term "food establishment" does not apply to the following: (1) Private homes where food is prepared, served or stored for individual family consumption. (2) Religious organizations that serve their own membership and immediate guests and other structured groups of persons who gather occasionally for fellowship and society that provide the food from amongst their membership. (3) Food processing plant; (4) Temporary food establishments which operate at a fixed location for a period of time not to exceed three consecutive days in conjunction with a single event or celebration or concession stand which operates at a fixed location in conjunction with scheduled, community -based sporting or recreational events that serve only prepackaged, non - potentially hazardous food products that have been properly prepared and packaged in accordance with all state and local requirements and are properly stored, handled, and served in the unopened, original package from said temporary food establishments or concession stands. (5) Temporary food establishments operated by non - profit, religious, governmental agencies, or private individuals less than three days in length. (g) Kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale. Priority classification. For the purpose of assessing permit fees and frequency of inspections, the following definitions shall apply: (1) Low priority. A food establishment that sells only prepackaged potentially and non - potentially hazardous foods; prepares and/or serves only non - potentially hazardous beverages; or other factors as determined by the consumer health inspector or his authorized representative which would require the establishment be inspected on a low priority basis, such as a convenience store, discount store, or drug store. (2) Medium priority. A food establishment that prepares, serves, or sells potentially and non- potentially hazardous foods from precooked ingredients with limited handling; fresh meat or seafood market that sells only prepackaged meat or seafood packaged at an approved food manufacturing plant; or other factors that require that establishment be inspected on a medium priority frequency basis, such as a retail grocery store, sandwich shop, produce market, ice cream shop, pizza delivery/pickup, bakery, or candy store. (3) High priority. A food establishment that prepares, serves or sells foods from raw meats or seafood; extensively handles foods; or other factors that require that the establishment be inspected at the high priority frequency basis, such as a full service restaurant, fast food restaurant, seafood or fresh meat market where meat and/or seafood is handled, prepared, or cut on site. (4) Elevated priority. A food establishment that serves or sells foods from raw meats or seafood, extensively handles food, and extensively holds potentially hazardous foods hot and cold for service; operates 24 hours per day; serves a highly susceptible population; or other factors that require that the establishment be inspected at the elevated priority frequency basis, such as a full service buffet or cafeteria restaurant, fast food or full service food establishment open 24 hours per day, or hospital or nursing home kitchen. Health department means the department of neighborhood services of the city. Mobile food unit means a vehicle- mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable. Mobile food units with full - service kitchens and other trucks serving meals shall not stay at a fixed location longer than 15 minutes and are limited to sales at construction sites only. Mobile food units selling prepackaged ice cream and other non - potentially hazardous foods that operate within the city shall also obtain a Solicitor's permit from the office of the city secretary. Municipal Special Event Vendor means a vendor that operates a temporary food service establishment at a fixed location not to exceed five consecutive days in conjunction with a single event or celebration sponsored, owned, or operated by the City of North Richland Hills. Non-potentially hazardous food means a food that is not potentially hazardous and does not require time and temperature control for safety to limit pathogen growth and toxin production. Non- potentially hazardous foods include but are not limited to popcorn, pretzels, chips, snow cones, cotton candy, pickles, and cookies. Potentially hazardous food means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean or other ingredients, cut fruit, baked potatoes, cooked rice, or other food in a form capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms, or as further defined by the Texas (Food Establishment Rules . Recurring Event Food Vendor means a vendor that operates from a temporary location in conjunction with a community- based sporting or recreational event or school fundraiser. Recurring Events include: outdoor temporary food service at a fixed location for a period of time not to exceed one day per week for no more than four hours at a time for no more than four consecutive months (120 days in a 12 -month calendar year), not to exceed 16 events total; or indoor temporary food service that serves an approved menu with limited food handling that coincides with community -based sporting, recreational, or scholastic events. Recurring Event Food Vendors shall currently operate a permitted and inspected food establishment, serve an approved menu with limited preparation at the event site, and be overseen by a Certified 'Food Manager. Recurring Event Food Vendors also include non- profit, parent- teacher associations serving only prepackaged or non - potentially hazardous foods and potentially hazardous foods that require limited preparation and handling such as pizza. Regulatory authority means the department of neighborhood services of the city. Re- inspection means an inspection to determine compliance with applicable health regulations. Re- inspection fee means a fee assessed by the consumer health inspector based on a health inspection score of 30 or greater and/or an establishment's failure to correct one or more issues addressed at the time of inspection within the time frame established by the inspector. Rules and regulations means "Texas Food Establishment Rules" (TFER) of the state department of health, division of food and drugs. A copy of those rules are on file in the office of department of neighborhood services and made a part hereof. Such rules and regulations are adopted and shall be in full force and effect within the city limits of the city. Temporary food establishments mean establishments which operate at a fixed location for a period of time not to exceed three consecutive days in conjunction with a single event or celebration. A business may only operate a for - profit temporary food establishment once every four consecutive months (120 days in a 12 -month calendar year). Weekend food vendor means a food establishment which operates for no more than three consecutive days over a weekend at a single business with a minimum of 100,000 square feet of building space and ten feet of space in front of such business for such vendor. Weekend food vendors are limited to preparation and service of non- potentially hazardous foods and precooked, potentially hazardous food products requiring limited preparation such as heating, seasoning, and serving. Sec. 18 -192. Compliance required. It shall be unlawful for any person or firm to operate any food establishment as defined in section 18 -191, within the corporate limits of the city, unless such operation is done in conformance with the requirements of this article. Sec. 18 -193. Fees. The director of finance shall review all fees annually and adjust fees by the increase in the DFW consumer price index for the preceding 12 months as established by the department of commerce and are printed in appendix A. Sec. 18 -194. Penalty. Any person, firm, association of persons, company, corporation or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, as provided in section 1 -13. Each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty herein shall be cumulative of other remedies provided by state law and the power of civil enforcement and injunction as provided in V.T.C.A., Local Government Code §§ 54.012- - 54.019 and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. Secs. 18- 195 - -18 -210. Reserved. 1101.. WM MIM►►►III Sec. 18 -211. Required. It shall be unlawful for any person or firm to operate a food establishment without a permit. Sec. 18 -212. Application. (a) Generally. Application for a permit as required in this article in section 18 -211 shall be made in writing to the city consumer health inspector or his authorized representative or as otherwise designated by the city manager upon forms prescribed and furnished by the city. Application for a permit shall include a copy of a government- issued identification that includes a photograph of the applicant. Exceptions to this requirement shall be made for temporary food service, municipal special event vendors, and recurrent event food vendors. (b) Review of plans and specifications. Plans and specifications review are required as follows: (1) Prior to construction, or remodeling where structural and/or cosmetic improvements valued at $5000 or more are involved or conversion of an existing structure to be used as a food establishment, a complete set of plans and specifications shall be provided. Such plans and specification shall be made available for review by the fire marshal and the consumer health inspector or his authorized representative or as otherwise designated by the city manager for compliance with the provisions of the building code, fire code, and this article. No construction of a food establishment shall take place nor will a building permit be issued prior to the approval of the submitted plans and specifications by the specified city The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials or work areas, and the type or make of proposed fixed equipment and facilities. Construction according to the specifications which have therefore been submitted and approved by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager must be commenced within six months of the said approval date and completed within 12 months of commencement, or the plans must be resubmitted for plan review and being subject to the current city requirements. (2) Projects which, at the time of approval, are of such size or which are planning to use equipment that cannot be delivered and installed within this 18 months may apply to the city consumer health inspector or as otherwise designated by the city manager for a waiver of this review at the time of original submission, but not thereafter. (3) Whenever plans and specifications are required to be submitted to the city, the city shall inspect the food establishment prior to its beginning operations to determine compliance with the approved plans and specifications and with the requirements of this article. All items required by this article addressed by the department of neighborhood services shall be completed prior to operations or introduction of food products into the food establishment. (4) Upon change of ownership or remodeling of a food establishment, any violations addressed in previous inspections shall be resolved; the intent of this section is to require installation of sinks or other equipment or materials that are required by this ordinance or the Texas Food Establishment Rules. Sec. 18 -213. Authority to issue permits. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager is hereby authorized to issue a permit to any person or firm making application for a food establishment permit in the city provided that the person or firm complies with the requirements of this article. Sec. 18 -214. Issuance of permit; transferability; terms; penalties; categories. (a) The city consumer health inspector or his authorized representative or as otherwise designated by the city manager shall issue a permit if he determines that: (1) The technical review of plans and specifications are in compliance with applicable laws and this article; (2) The fees as set out by ordinance and all other applicable fees have been paid; and (3) By means of physical inspection, the food establishment is determined to be in compliance with this article. (b) Permit nontransferable. Every permit issued under the provisions of this article shall be nontransferable. A food establishment shall permit the operation of the establishment only at the location for which application is made. Change of ownership of a food establishment requires submission of a new permit application and payment of the permit fee and any applicable non- permit fees. (c) Display of permit. Any permit granted under the provisions of this article shall remain in full force and effect and displayed in a conspicuous public place for inspection by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager for the term allowed according to permit category and type as defined in this article, unless suspended and/or revoked for cause. (d) Penalty for failure to renew. Any food establishment that fails to renew any permit issued under the provisions of this article by the expiration date of said permit and continues to operate without a valid permit shall be assessed $25.00 for each day of operation of that establishment, plus any other penalties provided in this article. Such assessments and/or penalties shall be paid along with the required permit fees before a valid permit will be reissued. Any food establishment that fails to renew any permit issued under the provisions of this article within 30 days of permit expiration and continues to operate may be closed by the department of neighborhood services and/or the person in charge issued a citation. Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until said permit and fees are paid in full and a re- inspection determines that any other violations addressed by the department of neighborhood services have been resolved. (e) Permit categories. Permit categories are authorized as provided herein: (1) Low Priority (Food service establishment (2) Medium Priority Food service establishment (3) High Priority Food service establishment (4) Elevated Priority Food service establishment (5) Child Care Kitchen (6) Mobile food unit (7) Weekend food vendor (8) Concession Stand 1 Seasonal (9) Temporary Food Establishment (10) Municipal Special Event Vendor (11) Recurring Event Food Vendor Sec. 18 -215. Permit fees and renewal. (a) Fee required. Before a permit is issued, an applicant shall pay the fee as established by ordinance, except fee exempt temporary food establishments, fee exempt concession stands, and food establishments owned and/or operated by the City of North Richland Hills. (b) Application and renewal of certain permits. The following permits shall expire annually on November 30 and must be renewed on December 1 of each calendar year (1) Food service establishments elevated priority; (2) Food service establishments high priority, (3) Food service establishments medium priority; (4) Food service establishments low priority; (5) Child Care Kitchen (6) Mobile food unit; and (7) Weekend food vendor. (c) Proration of fees. Applicable fees may be prorated at 50 percent for food establishment permits issued on or after May 1. (d) Public Entities. Food establishments operated by a public entity such as an Independent School District may be exempt from paying the Food Establishment Permit fee, if approved by the regulatory authority. Secs. 18- 216 - -18 -230. Reserved'. DIVISION 3. INSPECTIONS Sec. 18 -231. Enforcement authority; inspections; report of inspections. (a) Authority. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager is authorized to enter upon any private property and to enter any establishment, subject to the provisions of this article for the purpose of determining compliance with this article and for the purpose of determining the identity of the owner, operator, manager or supervisor thereof and all persons employed therein. (b) Inspections. Before a permit is issued, the city consumer health inspector or his authorized representative or as otherwise designated by the city manager shall inspect and approve the food establishment areas to be used. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing food borne illness according to TFER. (c) Classification of food establishments. The city consumer health inspector or as otherwise designated by the city manager shall classify food establishments as elevated priority„ high priority, medium priority or low priority, according to the type of operations; particular foods that are prepared; number of people served; susceptibility of the population served; and any other risk factor deemed relevant to the operation. (d) Additional inspections. Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this article. (e) Refusal to allow inspection. Refusal of an owner, manager or employee to allow the city consumer health inspector or his authorized representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after the hearing required in section 18- 232(e)(1). Nothing herein or therein shall require notice of suspension of this violation. (f) Inspection warrant. In the event that the city consumer health inspector or his authorized representative or as otherwise designated by the city manager should have cause to believe that a business required to be permitted under this article is operating without a permit (or has failed to renew such permit) and refuses entry, during normal business hours, then the city consumer health inspector or his authorized representative or as otherwise designated by the city manager may apply to the city municipal court for an inspection warrant of the suspect premises upon the filing of a probable cause affidavit and compliance with the Texas Code of Criminal Procedure. If an inspection warrant is granted by the municipal court, the city consumer health inspector or his authorized representative or as otherwise designated by the city manager may be assisted in service thereof by the city police department, or such other law enforcement agencies as are deemed necessary to obtain entry. (g) Building official and/or fire marshal to accompany inspector. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may also be accompanied during inspection by the building official or his designee and/or fire marshal of the city or his designee or as otherwise designated by the city manager. Sec. 18 -232. Correction of violations; suspension of permit; revocation of permit. (a) Enforcement procedures. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may establish enforcement procedures to ensure compliance with this article and which are consistent with the regulations adopted herein, including, but not limited to written warnings, compliance time limits, re- inspection fees, citations, permit suspensions and permit revocation. (b) Inspections. The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: (1) If an imminent hazard exists, because of an emergency such as a fire, flood, extended interruption of electrical or water service, lack of hot water (at least 100 ° F or no less than the minimum required temperature set by the TFER), sewage backup, misuse of poisonous or toxic materials, onset of apparent food borne illness outbreak, uncontrolled infestation of insects or rodents, gross unsanitary occurrence or condition, or other circumstance that may endanger public health, the permit holder shall immediately discontinue operations and notify the city department of neighborhood services. If a business is closed for any of the above mentioned violations, a closure sign shall be posted in public view. If the department of neighborhood services places the closure sign in public view, it cannot be removed or covered in any way, said sign shall state that the business was closed by the city department of neighborhood services or as otherwise designated by the city manager and shall not reopen until such time as the violations or repairs have been completed and a re- inspection has been completed by a city consumer health inspector or as otherwise designated by the city manager. The consumer health inspectors or as otherwise designated by the city manager are the only persons authorized to remove the sign once it has been posted in accordance with this article. Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until such time as a re- inspection determines that conditions responsible for the requirement to cease operations no longer exist and any other violations addressed by the department of neighborhood services have been resolved. (2) A permit holder shall, at the time of inspection, immediately correct a critical violation and implement corrective actions. Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the consumer health inspector or as otherwise designated by the city manager may agree to or specify a longer time frame, not to exceed ten calendar days after the inspection, for the permit holder to correct critical control point violations. (3) All non - critical violations shall be corrected by a date and time agreed to or specified by the consumer health inspector or as otherwise designated by the city manager, but no later than 90 calendar days after the inspection. (4) In the case of temporary food establishments, all violations shall be corrected immediately and within a time specified by the regulatory authority, but in any event, not to exceed 24 hours following the inspection. (c) Re- inspection. (1) Re- inspections shall be to determine corrected critical and non - critical violations as defined in the regular inspection. (2) Re- inspections shall be to determine compliance with plan review after initial inspection and prior to issuance of permit. (3) When the total cumulative demerit value of a food establishment's health inspection exceeds thirty (30) demerits, multiple critical violations exist, or the lack of overall cleanliness and sanitation poses a risk to health and safety, the establishment shall initiate immediate corrective action on all identified critical violations and shall initiate corrective actions on all other violations within forty -eight (48) hours. One (1) or more re- inspections shall be conducted at reasonable time intervals to ensure correction. There shall be a re- inspection fee for all additional re- inspections required to determine correction. The re- inspection fee shall be paid no later than thirty (30) business days immediately following each re- inspection. (d) Compliance with inspection report. The inspection report shall state that failure to comply with any time limits for correction may result in cessation of food sale and/or service operations, issuance of re- inspection fees, or issuance of citations. An opportunity for a formal administrative Ihearing is provided for in subsection (e) of this section. (e) Suspension of permit. (1) The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of the ordinance, or if the operation otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice as required in section 18 -233. When a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city by the holder of the permit, within ten days. The permit holder shall be afforded a hearing within ten days of the date on which the city is in receipt of the written request for said hearing. (2) If the permit holder or the person in charge does not file a written request for a hearing with the city within ten days of the notice of suspension, then the suspension is sustained. The city may end the suspension at any time if the reason for suspension no longer exists. (3) Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until such time as a re- inspection determines that conditions responsible for the requirement to cease operations no longer exist and any other violations addressed by the department of neighborhood services have been resolved. Opportunity for re- inspection shall be offered within a reasonable time. (f) Revocation of permit. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may, after providing opportunity for a hearing as specified in subsection (e) of this section, revoke a permit for serious or repeated violations of any of the requirements of this article or for interference with the city's enforcing authority in the course of his duties. The city shall notify the holder of the permit or person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed within the ten day period, the revocation of a permit becomes final. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. Sec. 18 -233. Service of notice. A notice provided for in this article is properly served when it is delivered to the holder of the permit or person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or is hand - delivered to the person in charge of the establishment at the time of delivery. A copy of the notice shall be filed in the records of the city. Sec. 18 -234. Hearings. The hearing provided for in this article shall be conducted by the city manager or his designee at a time and place designated by the city manager or his designee. After such hearing, the city manager or his designee shall sustain, reverse or modify the action of the city consumer health inspector in connection with the permit. A copy of such action shall be furnished to the appellant by the consumer health inspector within 48 hours of the issuance of the said order and decision. Secs, 18- 235 - -18 -250, Reserved. DIVISION 4. TRAINING REQUIRED Sec. 18 -251. Food service manager's training certification. (a) Generally. Every food service establishment permitted herein shall employ no less than one certified food manager who has attended a certified food manager's class approved by the Texas Department of State Health Services and who possesses a current North Richland Hills food manager certification.. Temporary food service establishments and food service establishments that handle only prepackaged foods and non - potentially hazardous foods which require only limited preparation are exempt from the provisions of this article. Other food establishments may be exempt from this article and will be determined on a case -by -case basis depending on the type of food handling operation and the overall risk to the public health with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager. In the case that a food establishment receives a score of (25) or greater for three or more health inspections within a calendar year or has extensive, repeat critical violations and a history of non- compliance, there shall be no less than (1) certified food manager that meets these requirements present at the food establishment during all hours of operation. (b) Certification; responsibilities. The certified food manager must be employed on the premises of the establishment to be in compliance with this article. The certified food manager certificate shall be obtained within the first 30 days of employment in a managerial capacity. The certified food manager shall be responsible for ensuring that all food handlers are trained and certified with the city department of neighborhood services or as otherwise designated by the city manager within the first 30 days of hiring. In the event that the certified food manager is no longer employed on premises, the food establishment must employ another certified food manager who possesses a current North Richland Hills food manager certification within 30 days of the effective date of termination or permanent transfer of the previous certified food manager. (c) ,Display of certifications. The owner or person in charge of any establishment permitted herein shall display all such certifications in a conspicuous, public place for inspection by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager. A copy of each certified food manager's certification as described and required in this article shall be filed in the records of the city. (d) Fee. The fee set out in Appendix A is intended to cover the issuing of the certificate only. If the training is obtained through the department of neighborhood services, any cost to the city for such training shall be passed on to the food service manager. Sec. 18 -252. Food Handler Card. (a) Required. Every employee of a food service establishment shall obtain a food handier card from the city department of neighborhood services within the first 30 days of employment. Coordinators of concession stands, seasonal food service operations, and recurring event food vendors shall also obtain the food handler card within 30 days of operation. (b) Training sessions. Prior to obtaining a food handier card, employees shall attend a training session on food safety available through the city department of neighborhood services or as otherwise designated by the city manager or attend a certified food handler class approved by the Texas Department of State Health Services . (c) Fee; filing of copy. There shall be a fee, as set out in Appendix A, for this training session and/or the food handier card. Volunteers of non- profit and fee - exempt food establishments and food service employees of the City of North Richland Hills shall be exempt from paying this fee. (d) Exemption. Employees in food service establishments that do not work with food or food contact items and employees that have obtained certified food manager certification through the department of neighborhood services shall be exempt from this article. Secs. 18- 253 - -18 -270, Reserved. DIVISION 5. REGULATIONS Sec. 18 -271. State sanitation regulations adopted. The state department of health bureau of food and drugs, "Texas Food Establishment Rules," (TFER) (25 TAC 229.181 -- 229.171, 229.173 - 229.175), as adopted by the state board of health, effective October 6, 1998, and as amended thereafter are hereby referenced and adopted as part of this article. Sec. 18 -272. Examination and condemnation of food. Food samples may be examined or taken for analysis by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager as often as necessary for enforcement of this article and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this article, and shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or removed from the establishment until the vendor of such food has furnished proof of the wholesomeness of the food product to the city consumer health inspector or his authorized representative or as otherwise designated by the city manager. The city shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held if so requested and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written notice to denature or destroy such food or bring it into compliance with the provisions of this article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof. Sec. 18 -273. Equipment and utensils; design and fabrication. (a) Standards for equipment. Residential refrigerators, freezers, and ranges are not approved for use in commercial food service establishments or food stores. Refrigeration units will be required to maintain a product temperature of five degrees Celsius (41 degrees Fahrenheit). Smokers and grills used to prepare meats shall be of commercial grade, placed in a secured area that the public cannot access, must be maintained in a safe and sanitary manner and shall at all times of operation be under the supervision of a food service manager. Only equipment or utensils that meet or exceed the standards of the National Sanitation Foundation (NSF) are approved. (b) Exception to standards. An exception to the former equipment requirements may be made with written approval of the city consumer health inspector or his authorized representative for food establishments that will operate only under a temporary permit. Sec. 18 -274. Equipment installation and location. Auxiliary equipment such as water heaters, remote connected refrigerator compressors, and the central units of equipment used to treat the air by either heating, cooling, or otherwise conditioning the air must be located outside food preparation areas. If such equipment is to be installed in a food preparation area, it must be completely enclosed. Sec. 18 -275. Sanitary facilities and equipment. (a) Lavatories and hand washing sinks. Lavatories and hand washing sinks shall be separate facilities from sinks used for food preparation or utensil washing. Such facilities located in the food preparation areas of food establishments shall be equipped with hot and cold, potable water under pressure and metered by a mixing valve. The faucet shall be equipped with wing or lever handles, wrist handles, or foot pedals in place of knobs. Automatic hand washing facilities shall allow water to flow for at least twenty (20) seconds in order to meet required time limits for hand washing; water shall reach 100 ° F within twenty (20) seconds. Hot water shall reach no less than 100 ° F or as required by Texas Food Establishment Rules at all hand sinks and lavatories within 20 seconds of operation. For new construction and those facilities that have undergone extensive remodeling, a hand washing sink shall be located to allow convenient use for employees in all food preparation, food dispensing, and ware washing areas; in, or immediately adjacent to toilet facilities; and at least (1) hand washing sink shall be on each cook line, for direct use by all employees while working on the cook line; and within every twenty -five (25) linear feet of unobstructed space in food preparation and utensil washing areas, or as otherwise approved by the regulatory authority. An approved splash guard may be required to separate the hand washing sink from food preparation, service, or storage areas. Water heaters must be of sufficient capacity to meet all hot water needs throughout the facility during all hours of operation. (b) Lavatory and hand washing sink supplies. If hand drying devices providing heated air are provided, they may only be used in restrooms. A sanitary dispenser containing hand cleaner and a sign that states or demonstrates proper hand washing shall be provided at each lavatory and each hand sink. Sanitary disposable towels shall be provided in a dispenser conveniently located near each hand sink in food preparation and food service areas. Hand washing sinks in food preparation or food service areas shall also be equipped with a supply of single -use gloves or other specified second barrier that is properly stored and not subject to splash. (c) Toilet facilities. (1) All new or extensively remodeled food service establishments within the city in which food served to the customer is intended to be consumed on the premises shall be equipped with separate toilet facilities for men and women and shall comply with all requirements of the city plumbing code. An exception to this rule based on allowed occupancy of 15 people or fewer or as specified by International Building Code and facility priority rating may be made with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager. (2) Toilet facilities shall be located within the food service establishment and will provide the customer of said establishment direct and easy access to the establishment toilet facilities from the dining area without having to go either outside the establishment, or through the food preparation area. Employees shall have access to the toilet facilities without having to exit the building. An exception to this rule may be allowed in a theme park setting based on overall facility layout and condition of and proximity to toilet facilities with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager. (d) Cleaning physical facilities. In all new or extensively remodeled food service establishments or food stores, at least one utility sink or curbed floor drain supplied with hot and cold water under pressure by means of a mixing valve or combination faucet, shall be provided and used for cleaning mops or similar wet cleaning tools and for the disposal of mop water or similar liquid wastes. In -use dish cloths must be stored in sanitizer meeting requirements stated in TFER. (e) Grease traps /intercep tor. Grease traps /interceptors installed in food establishments shall be located outside the establishment, unless approved in writing by the building official, construction board of appeals, director of public works, and city consumer health inspector or his authorized representative or as otherwise designated by the city manager. Grease traps shall be located for easily accessible cleaning and shall be cleaned by a waste hauler that holds a current waste hauler permit through the department of neighborhood services. Grease traps shall be cleaned as often as required by city ordinance, state law, or federal law, but no less than twice annually (two times within twelve calendar months). Trip tickets documenting the removal of wastes shall be kept on site for review. (f) Sinks. In all new or extensively remodeled food establishments at least a three compartment sink shall be provided for the manual washing, rinsing, and sanitizing of utensils and equipment. If heat is used to sanitize equipment and utensils, a minimum temperature of 170 degrees Fahrenheit is required. If raw fruits and vegetables are cut and/or prepared on site, a separate preparation sink equipped with hot and cold water shall be installed for the purpose of washing raw fruits and vegetables. Where applicable, a separate sink shall be installed for the thawing of frozen meat products if frozen meat products are subject to rapid thawing under cool, continuously running water or for meat/seafood products that require additional preparation, such as cleaning shellfish. Preparation sinks shall be properly labeled. (g) Mechanical utensil washing facilities. In all new and extensively remodeled food establishments having mechanical utensil washing facilities, at least one three - compartment sink shall be provided in addition to the mechanical utensil washer. (h) Floors, walls, ceilings. Floors, walls, and ceilings in all food preparation, food service, ware washing, and any other area subject to splash shall be light in color, designed, constructed, and installed so they are smooth, non- absorbent, and easily cleaned. FRP (fiberglass reinforced paneling), stainless steel, commercial tile, or other material approved by consumer health shall be required for all food preparation and food service wall surfaces. Painted concrete floors are prohibited. Carpeting may not be installed as a floor covering in any area subject to moisture, flushing, or spray cleaning methods. Carpeted areas shall be regularly cleaned and shall be removed or replaced if those areas become extremely distressed and unable to be properly repaired or become soiled, filthy, and no longer cleanable. (i) Distressed merchandise, segregation, location, and marking. Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, expired, spoiled, or recalled products, shall be separated and stored properly in designated areas that are separated from food, equipment, utensils, linens, and single- service articles. Such products shall be clearly marked that they are not to be used or served. (j) ,Employee personal storage. Food employees shall have designated space within the food establishment to allow for storage of personal items, such as jackets, coats, personal foods, and drinks. Employee personal items shall never be stored in areas that could potentially contaminate food, food contact items, clean equipment, clean linens, or single - service /single -use articles. Employees may only drink from a non - spillable, closed beverage container that is handled and stored to prevent contamination of the employee's hands, the drink container, exposed food, clean equipment, utensils, and linens, unwrapped single-service/single-use articles. (k) Pest control. In the event that the presence of pests is determined at a food facility, the department of neighborhood services may require the food establishment to obtain additional pest control treatments in order to properly control pests. All pest control efforts shall be administered and overseen by a commercial pest control applicator licensed by the Texas department of Agriculture, and all pest control records shall be on site and available for review. Sec. 18 -276. Restricted operations. The retail sale and/or offering for sale, and/or holding for sale, of raw potentially hazardous food for consumption from temporary and mobile food establishments of all types and categories is prohibited within the city limits. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may impose additional requirements pertaining to temporary and mobile food establishments or mobile food itinerant, in order to protect the public health and may prohibit the sale of some or all potentially hazardous foods from the former establishments. Excluded from this section are businesses that sell frozen, prepackaged meals and frozen, prepackaged food products that have been packaged at a manufacturing plant inspected by the FDA, USDA, or other federal agency and deliver said product in a frozen state in commercial, refrigerated trucks. Such businesses shall obtain a solicitor's permit from the office of the city secretary and a permit to operate as a mobile food unit from the department of neighborhood services. Sec. 18 -277. Weekend food vendors. Weekend food vendors must have a separate license for each location they serve and must provide, in writing, a statement of the location of the commissary that is used by the vendor to store food and equipment associated with the food, which must be inspected by the state department of health, or a Texas city or county health department. No operations shall be permitted in any fire lane and at least four feet of walkway into the building must remain open and unobstructed. No weekend food vendor shall operate in any zoning district other than retail or commercial. All zoning and fire regulations must be complied with. Weekend food vendors shall not be allowed to operate except within the ten feet closest to the front of the business building and shall not be allowed to operate unless the primary business building is open to the public. Sec. 18 -278. Additional Requirements. (a) Temperature Log and Cleaning Schedule Required. All medium, high, and elevated priority food establishments shall be required to keep a daily temperature log in order to ensure proper food safety and good hygienic practices. This log shall include, but is not limited to, records of refrigerator and freezer temperatures taken from internal thermometers; temperatures of potentially hazardous foods received, cooked, held hot, held cold; records of cooling potentially hazardous foods; tracked use of time as a public health control where allowed by law; calibration of thermometers; concentration of sanitizes at the mechanical utensil washing facilities and/or three - compartment dish washing sinks; records of additional training or re- training on employee good hygienic practices; food temperatures at catered events; and any other critical control point that shall be tracked in order to ensure proper food safety as established by the regulatory authority. In addition, all medium, high, and elevated priority food establishments shall be required to keep a daily cleaning schedule or log to ensure proper cleaning of all equipment and surfaces throughout the food establishment. All temperature log records and cleaning logs shall be kept on site at the food establishment for a minimum of 30 days and shall be available for review upon inspection by the regulatory authority, (b) Bare Eland Contact Documentation. Where allowed by law, a business may opt not to use single -use gloves as a secondary barrier as required by the Texas Food Establishment Rules when handling ready to eat foods. Such business shall submit the required bare hand contact documentation stating that required training has taken place; include a statement of which secondary barrier is used; and a statement of corrective actions in the case of improper bare hand contact. This documentation shall be provided to the consumer health division and shall be available on site at the food establishment and available for review. The consumer health division shall review the submitted documentation and may approve the method submitted if the said method meets all requirements." Section 2: That Appendix A of Chapter 18, Section 18 -103 of the North Richland Hills Code of Ordinances be amended to read as follows: Section 18 -193 Food service fees Application fee 97.00 Plan review 114.00 Annual permit fee: Elevated priority 500.00 High priority 436.00 Low priority 252.00 Medium priority 372.00 Child Care Kitchen 100.00 Reinspection 50.00 Recurring Event Food Vendor NRH Business 35.00 Business Outside NRH 50.00 Temporary Event Food Vendors: Nonprofit 0 Profit 69.00 Food handler permit Permit fee 19.00 (3 yrs.) under the age of 62 Permit fee 6.00 (3 yrs.) over the age of 62 Duplicate fee 2.00 Food manager's permit Permit fee 13.00 (5 yrs. from state issuance date) Duplicate fee 2.00 Swimming pools — public and semipublic permit Application {new owner /new business 97.00 Plan review 114.00 Annual permit fee per pool /spa 149.00 Mobile food unit permit fee (per vehicle) 126.00 Waste haulers Hauler /Pumper 126.00 per vehicle Trip Ticket Book 13.00 each Weekend food vendor Permit 126.00 Seasonal Food Vendor 126.00 Concession Stands 126.00 Municipal Special Events Vendor Nonprofit 0.00 Profit 69.00 Space /Utility Fees Nonprofit 29.00 Profit 46.00 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, 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. Section 4: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00) provided however, any violation of any provision that governs fire safety, public health, and/or sanitation, shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day and any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 5: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. f:1►1 N17- 1I`rI413 PASSED AND APPROVED on the 10th day of October, 2011. 11W KS]M►[*]Ad:1:JI [ @]:IW_1►1 NJ: III Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney F-11:21 U:ZG] ►1=I lw_'V -'2 11OX0161►10 =1 ►16 JoAnn Stout, Director of Neighborhood Services M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. BA GN 2011 -087 An Ordinance Amending Section 50 -3 (b) Prohibiting Skateboarding in Certain Locations, Providing for Publication and Establishing an Effective Date - Ordinance No. 3165 Presenter: Jimmy Perdue, Public Safety Director Summarv: The current ordinance for section 50 -3 places the maximum fine at $200 and requires the amount be posted on the signs. This revision will bring the fine to the correct maximum of $5001 and change the language not to require the specific fine amount on the sign. General Description: Section 50 -3 of the North Richland Hills Code of Ordinances prohibits the use of skateboards and other wheeled devices on city property when proper signage is present. The current ordinance calls for a maximum fine of $200 and requires that the amount of the fine be on the sign. Staff is seeking a revision of the ordinance to bring the maximum fine to $500 which is consistent with all other similar type fine amounts. In addition, this change would eliminate the requirement that the amount be listed on the sign and only requires that the sign states that no skateboarding, no bicycles and no skating may be allowed at this specific location. An example for these signs would be in front of the old library where the layout draws this type of activity and the City has an interest in prohibiting it. Recommendation: To approve Ordinance No. 3165 "RH. 191 N AN ORDINANCE AMENDING SECTION 50 -3 (b) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND PROHIBITING SKATEBOARDING IN CERTAIN LOCATIONS; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, current provisions for signs warning of penalties for skateboarding are outdated and need to be revised; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. Section 1: THAT Section 50 -3(b) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: [3ec. 50 -3. - Cycling, rollerblading and skateboarding prohibited on city property where posted. (b) Signs. Signs designating paved areas of city property upon which bicycling, skateboarding, roller skating and roller blading are to be prohibited shall be prominently posted in a place or in sufficient places so as to be visible to those in the areas affected by the prohibition. The words "NO BICYCLING," "NO SKATEBOARDING, " AND "NO SKATING," shall be displayed at the top of the sign in letters not less than one inch in height, in bold color sharply contrasting with the background color of the sign. Section 2: Any person, firm or corporation violating Section 50 -3(b) of the North Richland Hills Code of Ordinances shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately upon passage. 1i1'►I Il19 0 17i I I,,1=1 17 PASSED AND APPROVED this 10th day of October, 2011. CITY OF NORTH RICHLAND HILLS In Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. C.0 PUBLIC HEARINGS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. C.1 RP 2011 -03 Public Hearing and Consideration of a Request from Brynwyck Equity Partners, Ltd. for a Replat to create Lots 1 -38, Block A, Brynwyck Addition (located in the 8800 Block of Martin Drive.) Presenter: Clayton Comstock, Senior Planner Case Summary: The applicant, Brynwyck Equity Partners, Ltd., is requesting a replat of a 7.662 acre tract off of Martin Drive from 30 residential lots and 3 common areas to 36 residential lots with 2 common areas to conform to a recently approved revised Residential Infill Planned Development (RI -PD). A public hearing is required because this is a change to an existing residential platted parcel. The original Brynwyck planned development and plat was approved in 2007 and platted in 2008 with 30 front swing driveways. The revised RI -PD does allow some front entry garages but includes enhanced open space areas with pedestrian access to Mid Cities Boulevard and includes the following improvements: ■ 5 lots side or rear entry, 50% front entry with tandem garages, 50% of the lots to have a minimum of 1,000 square feet of rear yard. ■ Front facing fencing is required to be cedar. ■ Mailboxes will be antique style located at each property or mounted tandem on every other lot. ■ All elevations will include three or more of the following- 0 Natural stone accents o Decorative brick treatment a Brick rowlock or cedar shutter accents a Sliced brick or stone soldier course on corners, keystones or coins. o Decorative door and window molding or lintels. a Decorative brackets or corbelling. A twenty -five foot emergency access and utility easement is being platted on the southern end of Brynwyck Lane which will be gated and serve as a secondary emergency -only ingress /egress. Adjacent to that, a five foot pedestrian access easement provides direct access to the commercially zoned lots along Mid- Cities Boulevard. The lots being created meet the recently amended minimum 0-1 office lot square footage and lot width requirements. Current Zoning: The parcel has been zoned RI -PD (Residential Infill Planned Development) since dune 2007 but was revised and reconfigured in May 2011. Thoroughfare Plan: The lots will have access to Martin Drive, a C2U Minor Collector via the proposed Brynwyck Lane, an R2U Residential Street. Comprehensive Plan: The Comprehensive Plan depicts Medium Density Residential uses for this area. Staff Review /Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The public improvements necessary for the Subdivision include the installation of a water, sewer, drainage, and street improvements. Therefore, the developer will be required to assume 100% of the amount required for such public infrastructure improvements which are indicated on the final approved construction plans for the subdivision. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, September 15 and voted 4 -0 to recommend approval of RP 2011 -03. Staff Recommendation: Approval of replat request RP 2011 -03. LOCATION MAR fo v arTin ar i I A CD Y 7 Is1 =1 0- �.srr` ti Mid UVE) 9 • -- PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEADING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL RP 2011- 03 Applicant: Brynwyck Equity Partners, Ltd. Location: 8800 Block of Martin Drive You are receiving this notice because you are a property owner of record in the original, subdivision within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing to Consider a Request from Brynwyck Equity Partners, Ltd. for a Replat to create Lots 1 -38, Block A, Brynwyck Addition in the 8800 Block of Martin Drive. Public Hearinq Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 15, 2011 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, OCTOBER 10, 2011 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7331 Northeast Loop 824 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS 6rynwyck Equity Partners Ltd. Attn Rob Ward 744 Kent Ct Southlake Tx 76492 -8868 REPLAT EXHIBIT Nn, 4479,RP Ncka, Lot T bR � - a GLETTJANN ➢RION" Vol. 3888 -I W, Pg 79 PRTCT Lot 413 Lai 59 �- Lo[ SITE - - .. cmn �s mow. Vicinity Map NORTH 1 ° 4 115.4 ZWEIAV A,13 Rr Lot 1R C W { -�W3] , g P ux {�y�)y M 2 4 oi• e R. BRY is+ 2944 NMYCN Edflt>tEe 41p �.� - ng la y RL C WART 'JG4 KENTGWRTT zomins F IL_e' wY 5F w &OUrMLAA[E, TIC ]6W2 s.ny9+" R•l-S - €NGIMER. RFJTM wWILTONE PE Lot 2 RAMILTON CVPFT, PC :7 ®bsR 1, NI S LANG ApOIROM. Catungt q, 82ii MED `Tu&VD, SURE IM '°L7- - - - - -' 31 n ,p5.aa NaRTH R1CHLANa HI6LE,T %1$ ee z97s. PRrar 14 89'35'15' E FR;t [�9 +r179aana6 m g pb�`_}___- r___g9•A536" -E 728_46.__- 1'.n: uF +x�ae - - - -.. - - - -- suaweroR: Id w _ -R r- .w 9p993. HlRENST., 5111TE 9A➢ SI 11 w Y 12 - ¢ 13 1 # >; w 15 .5 e, f FORT titibaTH, rx Ts+a2 ( TSaaaxa of L 10 � 32sR a 2:31 py C6 �,� � S - iY+ e a � �i ct o. we,•, +4mi.e.w..6..eds.ae..vJd.erdlr: b N R95 c a W T L9 �-� - a 5^• H M1 �b4s w :mow °e f•sw' wd 3 v 4 s'a� . N 18 1' v 38 37 a 35 33 n� h ,ao 1 1 19 b x.a : a 3i sa u. AaeSf-p-a4sri 70 32 _X n. ' sW " aanAn. d ' wR n � 9Lixc � . a1 v m I s as • . _ _ _ ., .�.. 3l} R ,.,8,. 9 m 29 I 21 a r !^ ,I.. J=R=. a mod.• ,'S. �_s 85 4 c�f '�.a -8 '(; Deb • ....... I m na 33 9 w 29e :. 1 ' T G ,5 e C 36 T 22 A II v q� wn. vs`kaeWnabw ?25 g24 M� 23 .: s." �w5 ..... .d ,.amv.,e.°. 28 271: :>26 >• J ca m a.96- .u§ml a9F4 �• - --.r- �. - 4 ,y .+TU.r_ ` __„ -e,- ° C bin91 A. Slide 1YA5k PRT .dim w 7 "' i c. {' y 2-'° xs 11 Y l 4 3 'i `� _,l � -- ag. wry . Llid Cities 8puleYaM Eoee,Rent Line Table BPS Contra) Tabie Tabie ,. NU9t1ER ,DRN.M{ OF J L9 S ]t_n533' C Llp 5 19 3] F t3 W CenteKne Line TflblG p N- R 91RECTI N MTAWE f f l w 81.27 Martin C7rire ',z s arcs <s'� "w ei:z3 , 3 5 GN T E 2598 y PYItt decor l4L L S 93,55) w 10.13 rt1 L5 S 90'11 P E W-99 •, C;�.V °fns' Aii.0 cve Ova. °v A N !1'35 25 L 41 M_ T!ycel8ghk BP 36 W 4, $,^ vwb+9n L8 S 93'3593 E 19.W m tlAe"°v'ee Rerve °"f� dNe C t r c Curve Table �dMaP RdveN !s. dpxxWNVm c.m wm.. +dv.=l orr m.� worn. RmRJ w afw G>r�w. w,.R,9ER OCLin CLE G?�9RG O1R_: .'.u;CCNi R+• ➢uS ARC n�iace wfu�i :e�ma�e w�J,m ar.Y : °*'J�ml. m: aux or PFWLWINAM- 1h6 plat rKK 1a ba rewvtle9 Wany W@L'aa Yyvanmr pc,:IW+1R, mil ID To the City of North R hl na WIN, Taw—t C—t, T—. , IC/I• �,; AREA �SVRVEym, INC. LENGTII Clq� IENCTIe p1'JT'15 x 5.55 225 W I Wd_4" 1 5p 9E'35 - 12 5 CP2350 E 2 425.99 4a.e6 f X = sz I r' nPO1'a3• x f!+ia,ia�+J�fsias a] 5•a 2s o0 �s5 w' " 2615 3 fsT:SO . I ° I n�iace wfu�i :e�ma�e w�J,m ar.Y : °*'J�ml. m: aux or PFWLWINAM- 1h6 plat rKK 1a ba rewvtle9 Wany W@L'aa Yyvanmr pc,:IW+1R, mil ID To the City of North R hl na WIN, Taw—t C—t, T—. , IC/I• �,; AREA �SVRVEym, INC. EXCERPT FROM THE MINUTES OF THE SEPTEMBER 15, 2411 PLANNING AND ZONING COMMISSION MEETING RP 2011 -03 Public Hearing and Consideration of a Request from Brynwyck Equity Partners, Ltd. for a Replat to create Lots 1 -38, Block A, Brynwyck Addition (located in the 8840 Block of Martin Drive.) Chad VanSteenberg came forward stating the request is from Brynwyck Equity Partners, Ltd. for a replat of 7.662 acres on Martin Drive. The development was originally platted in 2008 as thirty residential lots with three common areas. It is now being replatted to create thirty six lots with two commons areas being done to conform to the revised residential infill planned development which was approved in May 2011. The original Brynwyck development was approved in 2007 with thirty front -swing driveways. The revised RI -PD does allow some front entry garages but includes enhanced open spaces and pedestrian access to Mid - Cities Blvd. A twenty five foot emergency access and utility easement is being platted on the southern end of Brynwyck Lane which will be gated and serve as a secondary emergency -only ingress and egress. Adjacent to that a five foot pedestrian access easement provides direct access to the commercially zoned lots along Mid - Cities Boulevard. Staff recommends approval of this request. Vice Chairman Schopper opened the Public Hearing and asked if anyone would like to come and speak for or against the request. Seeing none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve RP 2011 -03, seconded by Don Bowen. The motion carried unanimously (4 -0). 6. ADJOURNMENT There being no other business, the meeting adjourned at 7:03 pm. Chairman Secretary Randy Shiflet Don Bowen M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. F.0 GENERAL ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Subject: Agenda Item No. F.1 GN 2011 -088 Consider Interlocal Agreement Date: 10 -10 -2011 Renewal of Northeast Tarrant Teen Court Presenter: Debbie Durko, Municipal Court Administrator Summarv: In October 2010, the first interlocal agreement was signed to allow the cities of North Richland Hills, Haltom City and Watauga to participate in a joint Teen Court Program herein referred to as the Northeast Tarrant Teen Court. The three cities would like to renew this interlocal agreement for another one year term. General Descrit)tion: The current interlocal agreement had a one year expiration date of 101112011. This renewal will keep the agreement between Haltom City, Watauga, and NRH the same with a renewal period of one year based on the same funding as the previous agreement. The combined program allows more teens the opportunity to participate in this program to adjudicate their offenses through the performance of community service in lieu of fine payments. The first year of the program had 212 teens referred from the North Richland Hills Municipal Court, 105 referred from Haltom City Municipal Court and 79 referred from Watauga Municipal Court. We anticipate the next year's numbers to be comparable. The collaboration of the three cities provides more volunteers, which in turn has allowed us to make more teen court sessions available during the year. Recommendation: Authorize the City Manager to sign the attached Interlocal Contract Agreement between the cities of North Richland Hills, Haltom City and Watauga for shared Teen Court services. STATE OF TEXAS § § INTEiRLOCAL AGREEMENT COUNTY OF TARRANT § THIS AGREEMENT is entered into this the 1 St day of October, 2011, by and between the Cities of North Richland Hills, Haltom City, and Watauga, Texas, municipal corporations, (hereafter referred to as "Cities" or "each participating City ") the parties acting herein under the authority and pursuant to the terms of Chapter 791, INTERLOCAL COOPERATION CONTRACTS, Texas Government Code, for the purpose of establishing the terms under which a Teen Court program will be established and funded. WHEREAS, the City of North Richland Hills has a Teen Court program established and operating and the Cities of Haltom City and Watauga desire to make this program available to the residents of their respective cities- and, WHEREAS, the Cities find that the terms and conditions set out herein for providing for the operation of a Teen Court for the parties hereto is equitable and will provide benefits to each; NOW THEREFORE, iTITAir'14- - "=0r:A For and in consideration of the mutual promises and covenants herein made, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Cities of North Richland Hills, Haltom City, and Watauga, Texas do hereby contract and agree as follows: SECTION 1. The Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system while allowing them to assume responsibility for their own actions by involvement in the judicial process and community service in order that their offenses will not be recorded; bringing juvenile offenders before a jury of their peers and to the community for constructive punishment which will provide the youths with an understanding of the judicial system and a realization of their roles (responsibilities) in the community. SECTION 2. The City of North Richland Hills shall provide a court facility available for holding Teen Court on Monday nights and provide a judge and bailiff for two of such weekly sessions, employ a Part time Assistant Teen Coordinator to administer and coordinate the activities of the Teen Court program and provide office space for this position. The Part time Assistant Teen Court coordinator will work under the supervision of the North Richland Hills Juvenile Case Manager and shall be responsible for preparation of statistical reporting to each agency. SECTION 3. Haltom City and Watauga each agree to provide a Teen Court Judge and a Bailiff for six Teen Court sessions per year. SECTION 4. Haltom City and Watauga shall reimburse North Richland Hills for the cost of the salary and benefits of the Part time Assistant Teen Court Coordinator plus estimated supply costs. Such costs for salary, benefits and supplies is $21,049.00 for the year beginning October 1, 2011. Haltom City agrees to pay 60%, ($12,630.00 and Watauga agrees to pay 40% ($8,420.00). SECTION 5. North Richland Hills has an existing Teen Court Advisory Board in its jurisdiction with appointments to such board made by the City Council. Haltom City and Watauga shall have the right to appoint one additional member to such advisory board. SECTION 6. This Agreement shall be for the initial period beginning October 1, 2011 and ending September 30, 2312 upon execution of hereof by all parties hereto. SECTION 7. Any party hereto may terminate its participation in this Agreement without recourse or liability upon thirty (30) days written notice to the other parties. Should either of the other two parties terminate their participation, North Richland Hills may terminate this agreement or renegotiate with the remaining party. SECTION 8. This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 413, Texas Government Code. It is agreed that in the execution of this Agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions. SIGNED AND EXECUTED this the day of , A. D., 2011, at Tarrant County, Texas. Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 1�1 x:191 11911 to] N di I;1:I III I =10_1 I I Wil George A. Staples, City Attorney I was] Im:1,1 N to] ►'1Ell k WA ATTEST: Art Camacho, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney in ATTEST: Deeanna Looney, City Secretary 1_1 J ;J:Z9] ►1 =1 DIF-114 1101 to] N k', I -1:I III I X0 I I WiF , City Attorney M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.2 GN 2011 -089 City of Watauga Rufe Snow Drive Public Safety Services Municipal Boundaries Agreement Presenter: Mike Hamlin, Assistant Police Chief Summarv: The City of North Richland Hills and the City of Watauga desire to enter into an agreement for the provision of public safety services on a portion of Rufe Snow Drive that begins at the north side of Hightower Drive with such roadway traveling northbound to its termination at the southern boundary of Keller. General Descrivtion: The City of North Richland Hills and the City of Watauga have agreed that the City of North Richland Hills shall be responsible for providing police, fire, and emergency medical services on that portion of Rufe Snow Drive north of Hightower Drive regardless of municipal boundaries between the two cities. No additional revenues are necessary to provide this service. The agreement will only apply to the portion of Rufe Snow Drive which is located north of Hightower Drive with such roadway traveling north to its termination at the southern boundary of the City of Teller. The roadway that North Richland Hills will be responsible to provide public safety service upon shall be any and all portions of the roadway within the extension of the lateral curb lines on the west side of Rufe Snow Drive. If no curb exists, the responsibility of the City of North Richland Hills shall extend to the beginning of the nearest property line adjacent to the west side of the roadway including improved or unimproved shoulders and any right of ways that are public land. The agreement has no impact on the maintenance of any roadway, signal lighting, or the regulation of curb cuts. This agreement replaces any existing agreement which may exist and that did not comply with applicable state laws on boundary and jurisdictional issues. Recommendation: Approve City of Watauga Rufe Snow Drive Public Safety Services Municipal Boundaries Agreement. STATE OF TEXAS § § AGREEMENT COUNTY OF TARRANT § This Agreement, made and entered into by and between the City of Watauga, a municipal corporation, located in Tarrant County, Texas, hereinafter called "Watauga," and the City of North Richland Hills, a municipal corporation, located in Tarrant County, Texas, hereinafter called "North Richland Hills," evidences the following: WHEREAS, North Richland Hills and Watauga desire to enter into an Agreement for the provision of public safety services on a portion of a public roadway known as 'Rufe Snow Drive, hereinafter referred to as Rufe Snow Drive, and WHEREAS, the Agreement shall only apply to the portion of Rufe Snow Drive which is located north of the extension of the northernmost right of way which is represented by the extension of the lateral curb line of Hightower 'Drive which runs from East to West along Hightower Drive; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, North Richland Hills and Watauga have agreed that North Richland Hills shall provide public safety services on the aforementioned roadway regardless of municipal boundaries between the two cities; and WHEREAS, public safety services are defined as services, duties or functions performed by police, fire or emergency medical service (ambulance service) departments; and WHEREAS, no additional revenues are necessary to provide this service at the time of this Agreement; and WHEREAS, it is mutually advantageous to both parties to enter into the arrangement evidenced by this Agreement, NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein, agree as follows: North Richland Hills shall be responsible for providing police, fire, and emergency medical services on that portion of Rufe Snow Drive north of Hightower Drive, without regard to whether such road is in Watauga or North Richland Hills. 2. All calls for police, fire or emergency medical services shall be directed to North Richland Hills to assure timely emergency response to the public. 3. The only areas affected by this Agreement are those portions of existing or future roadway on Rufe Snow Drive that begins at the north side of Hightower Drive with such roadway traveling 'north to its termination at the southern boundary of the City of Keller. The roadway that North Richland Hills will be responsible to provide public safety service upon shall be any and all portions of the roadway within the extension of the lateral curb lines on the west side of Rufe Snow Drive. If no curb exists, the responsibility of North Richland Hills to respond shall extend to the beginning of the nearest property line adjacent to the west side of the roadway, thereby including improved or unimproved shoulders and Rights of Ways that are public land. 4. This Agreement has no impact on the maintenance of any roadway, signal lighting, regulation of "curb cuts" or any other area that does not fall directly under the authority of North Richland Hills. 5. This Agreement shall serve as the prevailing Agreement regarding police, fire and emergency medical service response should any conflict occur as a result of any other agreement. 6. That the selection of any contract wrecker service to be utilized in the performance of public safety duties shall be the responsibility of North Richland Hills. 7. To the extent permitted by law, North Richland Hills shall have the same rights and privileges on Rufe Snow Drive in the locations described as if the areas described were within the incorporated city limits of North Richland Hills. Each City does hereby waive all claims against and agrees to release every other City, its police department, officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not limited to court costs and attorney's fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of use of any property arising out of or occurring as a consequence of the performance of this Agreement whether such injuries, deaths or damages are caused by the sole negligence or the joint negligence of any City, its officials, agents, officers and employees. It is the express intention of the parties hereto that the waiver and release provided for in this paragraph includes claims arising out of such other City's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. It is expressly understood and agreed that, in the execution of this Agreement, no City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. This Agreement replaces any and all other agreements between the parties previously executed along this portion of Rufe Snow Drive, only applying to the described services stipulated in this agreement, and shall be in full force and effect until terminated by either party with 30 days written notice to the other or until both parties mutually agree to change or modify the terms of this Agreement. CITY OF NORTH RICHLAND 'HILLS Oscar Trevino, Mayor Mark Hindman, City Manager CITY OF WATAUGA Harry Jeffries, (Mayor Scott Neils, City Manager The Agreement was executed on the day of 12011. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.3 GN 2011 -091 Shared Services Agreement between the Cities of North Richland Hills, Haltom City, Watauga and Richland Hills Presenter: Jimmy Perdue, Public Safety Director Summarv: The Cities of North Richland Hills, Haltom City, Watauga and Richland Hills are desirous of combining public safety communications and detention services in order to provide their residences and businesses with a more effective and efficient delivery of these key public safety services. General Descrir)tion: During the work session on September 26, 2011, the City Council was briefed on the specifics of how the service combination would functionally work. The proposed shared services agreement will be for an initial term of ten years commencing on October 1, 2011 and ending September 30, 2021 and may be extended thereafter by mutual consent of the parties for two successive five -year terms. The timeline for the implementation of this undertaking has been developed so as to minimize impact on the public safety operations of each city. Shared detention services for all four cities will commence in November 2011 following minor remodeling in the current jail facility and assimilation of additional personnel from the partner cities. Current plans call for joint public safety communications to commence from the North Richland Hills dispatch center in April 2012 following acquisition of personnel from partner cities. The shared services agreement identifies the specific services and their associated expense types to be shared. These expense types include reoccurring personnel, supplies, operating expense, one -time and start-up program expenses. This consolidation effort takes a tremendous step in achieving regional communication interoperability and should improve the efficiency and effectiveness of all of the agencies involved. Recommendation: Approve Shared Services Agreement between the Cities of North Richland Hills, Haltom City, Watauga and Richland Hills. INTERLOCAL AGREEMENT FOR COMBINED PUBLIC SAFETY DISPATCHING AND JAIL SERVICES FOR THE CITIES OF NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS, & WATAUGA TEXAS THE STATE OF TEXAS )( COU NTYOF TARRANT )( The parties to this agreement ( "AGREEMENT "), are the cites of North Richland Hills ( "NORTH RICHLAND HILLS "), the City of Haltom City ("HALTOM CITY "), Richland Hills ( "RICHLAND HILLS "), and Watauga ( "WATAUGA "), all Home Rule municipalities of Tarrant County, Texas, each acting by and through its duly appointed and authorized city manager: WITNESETH: WHEREAS, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA are desirous of combining public safety dispatching ( "Dispatching ") and jail services ( "Jail Services ") to provide their residents and businesses with a more effective and efficient delivery of these key public safety services; and WHEREAS, NORTH RICHLAND HILLS has the facilities available to perform the Dispatching and Jail Services for these cities; and WHEREAS, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS, and WATAUGA desire to enter into this Agreement to combine Dispatching and Jail Services to deliver these key public safety services at the highest level possible for each city in accordance with the terms and conditions set forth herein; and WHEREAS, all payments for Dispatching and Jail Services to be made hereunder shall be made from current revenues available to the paying party; and WHEREAS, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS, and WATAUGA have concluded that this Agreement fairly compensates the performing party for the Dispatching and Jail Services being provided hereunder; and WHEREAS, the City Councils of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS, and WATAUGA believe that this Agreement is in the best interests of these respective cities; and WHEREAS, this Agreement has been approved by the governing bodies of the respective cities; and WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act "). NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS AND WATAUGA HEREBY AGREE AS FOLLOWS; Section 1. All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term. This Agreement shall be for an initial term of ten (10) years commencing on October 1, 2011, and ending September 30, 2021, (the "Initial Term ") and may be extended thereafter by mutual consent of the parties hereto and for two successive five (5) year terms. (The renewal terms shall be referred to as the "First Renewal Term" and "Second Renewal Term ", respectively) Section 3. Scope of Services to be provided by NORTH RICHLAND HILLS. NORTH RICHLAND HILLS hereby agrees to provide HALTOM CITY, RICHLAND HILLS and WATAUGA the following equipment, services, personnel, and facilities: a. Commencing on or about October 3, 2011, NORTH RICHLAND HILLS will employ a dedicated Public Safety System Administrator who will provide technical oversight to computer and connectivity systems associated with this program. The cost of this employee will be shared with the partner cities based on percentage(s) outlined for Communication expense sharing outlined in the attached exhibit. b. Commencing on or about November 5, 2011, NORTH RICHLAND HILLS will provide Jail Services at the NORTH RICHLAND HILLS Police Department. The NORTH RICHLAND HILLS Municipal Judge will work with the HALTOM CITY, RICHLAND HILLS, and WATAUGA Municipal Judge(s) in establishing a mutually agreeable daily arraignment protocol of their respective prisoners. NORTH RICHLAND HILLS will provide the necessary detention officers and other employees to properly supervise and operate NORTH RICHLAND HILLS' jail facility ( "Jail Facility "). HALTOM CITY, RICHLAND HILLS, and WATAUGA prisoners shall be released in accordance with specific written procedures agreed upon by the cities'. Jail Services shall include at a minimum the following: 1. accepting full responsibility for the custodial care of all persons taken into custody by HALTOM CITY, RICHLAND HILLS and WATAUGA and delivered to the NORTH RICHLAND HILLS Police Department Jail Facility; 2. providing all necessary booking services when accepting prisoners to the facility-, 3. providing HALTOM CITY, RICHLAND HILLS, and WATAUGA with full access to inmates for the purpose of conducting interviews or interrogations, in accordance with reasonable regulations established by NORTH RICHLAND HILLS; 4. making available all prisoners whose presence is requested or ordered by a court of competent jurisdiction; 5. releasing prisoners for investigative purposes outside the Jail Facility when such requests are authorized by a duly authorized HALTOM CITY, RICHLAND HILLS, or WATAUGA official; 6. maintaining a log and other applicable records of these and all other significant events related to HALTOM CITY, RICHLAND HILLS or WATAUGA prisoners. C. On April 7, 2012, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA will merge Public Safety Dispatching Services for appropriate police, fire and emergency medical service services for the respective cities, at the NORTH RICHLAND HILLS Police Department, and NORTH RICHLAND HILLS shall provide all such Dispatching Services for HALTOM CITY, RICHLAND HILLS, and WATAUGA. The Dispatching personnel will be NORTH RICHLAND HILLS employees and will be under the supervision and control of the NORTH RICHLAND HILLS Chief of Police or his authorized designee. For identification purposes of this document, the NORTH RICHLAND HILLS Police Department Dispatch Center will be identified as the North Richland Hills /Haltom City /Richland HillsMatauga Emergency Communication Center (NHRWECC) . Dispatching services shall be park of the NHRWECC. NORTH RICHLAND HILLS shall at all times maintain sufficient staff to perform the Dispatching Services it provides under this agreement. Dispatching Services shall mean all public communication functions necessary for the provision by HALTOM CITY, RICHLAND HILLS and WATAUGA of police, fire, and emergency medical services to the respective cities' citizens, and shall include at a minimum the following 1 . answering all emergency 9 -1 -1 calls; 2. dispatching emergency calls for service in one minute or less 80% of the time; 3. answering any citizen requests for service placed to phone numbers designated by the respective cities; 4. dispatching police patrol units, fire apparatus, or EMS as appropriate in response to 9 -1 -1 or other calls, or at the respective city's direction; 5. maintaining radio or other remote communications with the field units of the respective Cities'police, fire, or EMS units as necessary to facilitate provision of services; 6. maintaining documentary records according to industry standard of all dispatching activity. D NORTH RICHLAND HILLS shall provide HALTOM CITY, RICHLAND HILLS, and WATAUGA monthly service reports detailing prisoner counts and dispatch center performance measures including the number of calls for service, response times, number of 9 -1 -1 emergency calls dispatched, and any other statistical reports requested by the respective cities that are within the reporting capabilities of NORTH RICHLAND HILLS. e. All Human Resource services necessary for the recruitment, screening, employment, and training of all personnel required to provide Jail and Dispatching Services to the respective cities, including providing all employee policies and procedures and the administration thereof shall be provided by NORTH RICHLAND HILLS. f. NORTH RICHLAND HILLS shall provide access to the respective cities' warrant information retained at the dispatch center to the respective cities' Police Departments, Municipal Court and all other law enforcement agencies. g. NORTH RICHLAND HILLS will form a standing committee consisting of three (3) Public Safety employees of each of the respective cities and three (3) NORTH RICHLAND HILLS employees selected by the NORTH RICHLAND HILLS Chief of Police to address operational and policy decisions that will arise from operating the NHRWECC and Jail Facility. h. NORTH RICHLAND HILLS agrees to perform all services under this agreement in a good and workmanlike manner, and in accordance with all applicable laws and regulations. Section 4. HALTOM CITY, RICHLAND HILLS and WATAUGA Obligations. The cities of HALTOM CITY, RICHLAND HILLS and WATAUGA agree to perform the following: a. Pay the sum listed in the corresponding exhibit to NORTH RICHLAND HILLS for the Public Safety System Administrator beginning on or about October 3, 2011. The amount of charges shall be based on expense percentage share for each city's portion of Communication budget as established. Additional payments will be invoiced as described in section 5 of this document. b. Pay the sum listed in the corresponding exhibit to NORTH RICHLAND HILLS for Jail Services for the Fiscal Year 2011/12 beginning on November 5, 2011 and ending on September 30, 2012. The amount of charges shall be established based on the adopted Fiscal Year 2011/12 NORTH RICHLAND HILLS Police Department Operating budget for consolidated jail operations as expressed in Exhibit A to operate the Jail Facility as a joint detention facility. This payment represents a percentage cost share of all Jail Services based on the previous calendar year prisoner count supplied by the respective cities. (See payment schedule, Exhibit A.) C. On or about November 1, 2011, pay the sum listed in the corresponding exhibit for General and Administrative Charges based on NORTH RICHLAND HILLS Police Administration, Human Resource Administration, and Information Service Administration operating budget for Fiscal Year 2011112. (Payment percentages described in Exhibit A shall remain the same for the duration of this agreement except as provided by Section 7 for reduction of the withdrawal or addition of municipal parties) d. Pay a one -time equipment and configuration cost listed in the corresponding exhibit to NORTH RICHLAND HILLS to prepare the NHRWECC and Jail Facility to accommodate the merger of services. NORTH RICHLAND HILLS will provide the necessary documentation to each city for reimbursement. Payment will be due and payable sixty (60) days following the receipt of documentation. NORTH RICHLAND HILLS will retain the title to all the equipment in the NHRWECC and Jail Facility and is responsible to properly maintain and insure the equipment, e. On April 7, 2012, pay the sum listed in the corresponding exhibit(s) for the remaining six (6) months of Fiscal Year 2012 share of expenses to operate the NHRWECC; by using NORTH RICHLAND HILLS' Fiscal Year 2011112 Budgeted Expenses for consolidated dispatch operations (Exhibit A) ; f. Pay annual maintenance costs for portables and mobiles owned and or operated by such city. Maintenance and or repair for any other radio equipment not specifically employed as a part of this agreement will be the responsibility of the respective agency. The fees for the maintenance agreement for the radio equipment within the NHRWECC will be the responsibility of NORTH RICHLAND HILLS and will be part of the annual budget operating costs of the NHRWECC subject to the cost sharing agreement for dispatching services as stated in corresponding exhibit. g. Agree to utilize the C.R.I.M.E.S. Records Management System to be compatible with the C.R.I.M.E.S. Computer Aided Dispatch System that will be used by the (NHRWECC. The individual cities will be responsible for the purchase and maintenance of all computer workstations at their respective facilities and their own police and fire vehicles or other Public Safety Emergency equipment. Each city will maintain their own Public Safety records unit at their individual facility and be responsible for all law enforcement and fire reporting requirements to State and Federal agencies. Each respective city also be responsible for their unique record dissemination responsibilities to the public, except direct inquiries from the public regarding a jail or public safety dispatching incident; h. Arrange for the timely delivery of all the required paperwork to properly hold and arraign prisoners for each city. Each respective city police agency will be responsible for the transportation of their arrested prisoners to the Jail Facility. Should the need arise for an in- custody transportation for emergency medical treatment of a prisoner housed at the NORTH RICHLAND HILLS jail, a NORTH RICHLAND HILLS police officer shall provide security for up to two hours until a police officer of the arresting city can respond to the medical facility to assume custody. Each city agrees to provide and maintain at its expense, computer network connectivity between its facility and the NHRWECC. All equipment and network protocols shall be compatible with the equipment and operating software installed and/or operated within the NHRWECC. Each city will employ compatible Fire Service reporting software capable of directly receiving data file transfers from the C.R.I.M.E.S. dispatch (C.A.D.) software. Pay within thirty (30) days an invoice submitted by NORTH RICHLAND HILLS on or about November 17, 2012 to fund the Regional Bonus for each former Detention officer from their respective department(s) that remains employed in the Jail Facility k. Pay within thirty (30) days an invoice submitted by NORTH RICHLAND HILLS on or about April 20, 2013 to fund the Regional Bonus for each former Communications employee from their respective department(s) that remains employed in the NHRWECC. Section 5. Payments for Services Performed. All payments for System Administrator, Jail Services and Dispatching except for the one time configuration and equipment .payment period outlined in Section 4.d., and the Regional Bonus payments described in Sections 4. j and 4. k. shall be paid by HALTOM CITY, RICHLAND HILLS and WATAUGA to NORTH RICHLAND HILLS in four (4) equal installments due on the 1st day of each calendar quarter (or portion thereof) beginning November 1, 2011 in advance of the services performed by NORTH RICHLAND HILLS for HALTOM CITY, RICHLAND HILLS and WATAUGA and each subsequent calendar quarter of NORTH RICHLAND HILLS' fiscal year and continuing thereafter throughout the term of the Agreement. Each annual payment amount for Jail Services shall be in accordance with NORTH RICHLAND HILLS' Fiscal Year Police Department Operating budgeted amount for the Jail Facility adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the NORTH RICHLAND HILLS City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share amount to be determined by the prisoner count from the previous calendar year. Each annual payment for the operation of the NHRWECC shall be in accordance with NORTH RICHLAND HILLS' Fiscal Year Police Department Operating budgeted amount for the communications center adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the NORTH RICHLAND HILLS City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share percentage determined by the call volume received in the NHRWECC for the previous fiscal year. Each annual payment for the General and Administrative Charge shall be based on the fixed percentages described in Exhibit "A ", adjusted annually, based on NORTH RICHLAND HILLS' respective departmental costs anticipated to be approved by the NORTH RICHLAND HILLS City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1. NORTH RICHLAND HILLS shall notify HALTOM CITY, RICHLAND HILLS and WATAUGA of the anticipated costs of the Jail Services and Dispatching and general and administrative charges by May 30 of each fiscal year for budgeting and planning purposes. The final costs will be determined and communicated in writing when the NORTH RICHLAND HILLS City Council adopts the NORTH RICHLAND HILLS annual budget, but shall not exceed the estimate by more than 5 %. The annual cost increase for HALTOM CITY, RICHLAND HILLS or WATAUGA for the Jail Services and Dispatching and general and administrative costs shall not exceed the percentage increase of the NORTH RICHLAND HILLS Police Department's annual operating budget. Section 6. Cancellation. a. HALTOM CITY, RICHLAND HILLS or WATAUGA shall have the right to terminate, based on the provisions of this Agreement, if NORTH RICHLAND HILLS breaches any of its terms or fails to perform any of its obligations under this agreement and then fails to cure the breach or failure within thirty (30) days following written notice from HALTOM CITY, RICHLAND HILLS or WATAUGA. If the Agreement is terminated under this paragraph, NORTH RICHLAND HILLS shall be entitled to retain money already received prorated to the period from the last payment until the date of termination, and shall refund the remainder to the respective city. b. After the initial twelve (12) months of this agreement, any party shall have the right to terminate this Agreement by giving written notice to the other parties at least six (6) months prior to October 1 of the subsequent Fiscal Year, for Jail Services; and Six (6) months prior to October 1 of the subsequent Fiscal Year, for Dispatch Services. All payments by HALTOM CITY, RICHLAND HILLS or WATAUGA to NORTH RICHLAND HILLS shall continue until the cancellation date or as mutually agreed to by both parties. Section 7. Change of Participant Cities. In the event any city that is party to the creation of this shared service agreement chooses to remove themselves from the program, or in the event additional cities are allowed to participate in the future, the distribution of shared expenses will be re- calculated by NORTH RICHLAND HILLS Police Department and the new distribution percentages will be presented for signature to all parties. The calculation will be based on the reduction and/or addition of work product placed on the communication and/or detention facilities expressed as a percentage of the total workload. A document delineating new expense percentages will become an addendum to this document and will be effective from the date of signature(s). The City of NORTH RICHLAND HILLS retains the exclusive right to add additional participants to the program provided such inclusion does not increase the funding requirement of any current participant. Section 8. Notices. All notices required or provided for in this Agreement shall be sent to the following parties by certified mail — return receipt requested: City Manager North Richland Hills 7301 N.E.Loop 820 North Richland Hills, TX 76180 City Manager Haltom City 5024 Broadway Ave Haltom City, TX 76117 City Manager Richland Hills 3200 Diana Dr. Richland Hills, TX 76118 City Manager Watauga 7105 Whitley Rd Watauga, TX 76148 Section 9. Dispute Resolution. In order to ensure an effective relationship between the parties and to provide the best possible public services, it is mutually agreed that all questions arising under this agreement shall first be handled and attempted to be resolved between the City Managers of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA. All issues regarding the performance of Dispatching, or Jail Services and the operation of the NHRWECC AND Jail Facility shall be brought directly to the attention of the NORTH RICHLAND HILLS Chief of Police or his authorized designee. Immediate performance complaints or concerns should be addressed by communicating the problem to the on -duty dispatch center supervisor or detention center supervisor as appropriate. Any issues not resolved hereunder may be referred to the respective governing bodies for resolution and if necessary, the parties hereby agree to the appointment of a court - certified (certified in Tarrant County) Mediator to assist in resolving said dispute as a prerequisite to the filing of any lawsuit over such issues. Section 10. Venue. Venue for any legal dispute arising pursuant to this Agreement shall lie in Tarrant County, Texas. No litigation shall be commenced prior to both parties completion of mediation in accordance with Section 9. Section 11. All parties mutually agree that NORTH RICHLAND HILLS is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of NORTH RICHLAND HILLS in no way are to be considered employees of HALTOM CITY, RICHLAND HILLS or WATAUGA. The employment rights of NORTH RICHLAND HILLS personnel assigned under this agreement will not be abridged. Section 12. NORTH RICHLAND HILLS and HALTOM CITY, RICHLAND HILLS and WATAUGA each agree to accept full responsibility for the actions of their own officers, agents and employees in the performance or use of the NHRWECC and Jail Facility, or in the performance or use of dispatching or detention services under this agreement, and to the extent allowed by law, agree to indemnify and otherwise hold harmless the other parties, their officers, agents and employees against all liability claims, suits, demands, losses, damages and attorney fees, including all expense of litigation or settlement, or causes of action of any kind which may arise by reason of injury to or death of any person or for a loss of, damage to, or loss of the use of any property of other persons arising out of or in any way connected to the intentional or negligent acts or omissions of that party, its officers, agents or employees, in the performance or use of the joint dispatch center, or in the performance or use of the NHRWECC OF Jail Facility under this agreement. It is expressly understood and agreed that, in the execution of this Agreement, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA do not waive, nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Agreement, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA do not create any obligations express or implied, other than those set forth herein, and this Agreement shall not create any rights in any parties not signatory hereto. Section 13. In the event that the Jail Facility or NHRWECC is damaged due to a natural or a man made disaster and becomes uninhabitable or is unusable, NORTH RICHLAND HILLS will have a contingency plan to continue to provide the services under this agreement at another facility within Northeast Tarrant County. Section 14. Annually, at the time the cost for Jail Services and Dispatching Services are re- calculated, this agreement will be reviewed by both parties for needed clarification and or revisions. This agreement may only be modified, changed or altered at any time, upon mutual agreement of parties, provided that any such modification, change and/or alteration are reduced to writing, and approved by the governing bodies of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA. Section 15. This Agreement has been approved by the governing bodies of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA, respectively. The execution of this agreement has been authorized by an act of the governing bodies of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA at a duly called and posted meeting. IN WITNESS WHEREOF, we have hereunto set our hands this the day of 2011, in duplicate originals. CITY OF NORTH RICHLAND HILLS, TEXAS CITY OF HALTOM CITY, TEXAS By: Mark Hindman City Manager CITY OF RICHLAND HILLS, TEXAS ATTEST: By: James Quin City Manager APPROVED AS TO FORM: By: George Staples City Attorney for North Richland Hills By: Tim Sralla City Attorney for Richland Hills By: Thomas J. Muir City Manager CITY OF WATAUGA, TEXAS ATTEST: By: Dr. Scott Neils City Manager By: Wayne Olson City Attorney for Haltom City By: Mark Daniel City Attorney for Watauga Exhibit "A" Interlocal Agreement for Shared Services Richland Hills (all expenses are estimates based on projected employee & fixed costs) 1. Estimated operating budget -Joint Detention Center FY11112 $ 1,199,814 Includes 19 full time employee equivalents (FTEs); 16 Detention officers, 2 Detention Supervisors„ 1 Detention Manager, shared cost of Technical Services Coordinator, operations, building capital and maintenance costs. Annual Service Level at 5% beginning on or about November 5, 2011 $ 59,991 2. Estimated operating budget -Joint Communications Center FY11112 $1,955,084 Includes 30 full time employee equivalents (FTEs); 26 public safety dispatchers, 3 communications supervisors, 1 communications manager, operations, building capital and maintenance costs. Annual Service Level at 5% beginning on or about April 5, 2011 $ 97,754 3. General and Administrative Charges $ 830,674 3.5% of operating budgets of Police Administration, Human Resources Administration, and Information Services Administration ($830,674 X 3.5 %= $29,074) - Annual Service Level $ 5,797 4. Estimated cost of Public Safety System Administrator $ 92,244 (Actual prorated to employment date) Y Annual Service Level at 4% $ 3,690 5. tine -time shared expenses associated with program start-up Radio Relocation Expense ($46,335 )at 5% $ 2,317 Detention Facility Remodeling ($50,000) at 5% $ 2,500 Fiber Optic Cable Installation $ 500 GeneratorfUSP up -grade project ($37,692) at 5% $ 1.885 Total one -Time expense $ 7,202 6. Fiber optic Cable lease - Annual cost estimate $ 8,400 $700 /mo Exhibit "A" Interlocal Agreement for Shared Services Haltom City (all expenses are estimates based on projected employee & fixed costs) 1. Estimated operating budget -Joint Detention Center FY11f12 Includes 19 full time employee equivalents (FTEs); 16 Detention officers, 2 Detention Supervisors, 1 Detention Manager, shared cost of Technical Services Coordinator, operations, building capital and maintenance costs. $ 1,199,814 Annual Service Level at 33% beginning on or about November 5, 2011 $ 395,938 2. Estimated operating budget -Joint Communications Center FY11112 $ 1,955,084 Includes 30 full time employee equivalents (FTEs); 26 public safety dispatchers, 3 communications supervisors, 1 communications manager, operations, building capital and maintenance costs. Annual Service Level at 31% beginning on or about April 5, 2011 $ 606,077 3. General and Administrative Charges $ 830,674 3.5% of operating budgets of Police Administration, Human Resources Administration, and Information Services Administration {$830,674 X 3.5 %= $29,074} Annual Service Level $ 20,352 4. Estimated cast of Public Safety System Administrator $ 92,244 {Actual prorated to employment date) Annual Service Level at 28% $ 25,828 5. One -time shared expenses associated with program start-up Radio Relocation Expense ($46,335) at 31% $ 14,364 Detention Facility Rem odeling($50,000) at 31 % $ 16,500 Fiber Optic Cable Installation $ 540 GeneratorfUSP up -grade project ($37,692) at 31% $ 11.685 Total One -Time expense $ 43,049 6. Fiber optic Cable lease -Annual cost estimate $ 8,400 $7001mo Exhibit "A" Interlocal Agreement for Shared Services Watauga (all expenses are estimates based on projected employee & fixed costs) 1. Estimated operating budget -Joint Detention Center FY11/12 $ 1,199,814 Includes 19 full time employee equivalents (FTEs); 16 Detention officers, 2 Detention Supervisors, 1 Detention Manager, shared cost of Technical Services Coordinator, operations, building capital and maintenance costs. Annual Service Level at 12% beginning on or about November 5, 2011 $ 143,978 2. Estimated operating budget -Joint Communications Center FY11f12 $ 1,955,084 Includes 30 full time employee equivalents (FTEs); 26 public safety dispatchers, 3 communications supervisors, 1 communications manager, operations, building capital and maintenance costs. Annual Service Level at 12% beginning on or about April 5, 2011 $ 195,509 3. General and Administrative Charges $ 830,674 3.5% of operating budgets of Police Administration, Human Resources Administration, and Information Services Administration ($830,674 X 3.5 %= $29,074) - Annual Service Level $ 5,815 4. Estimated cost of Public Safety System Administrator $ 92,244 (Actual prorated to employment date) Annual Service Level at 8% $ 7,380 5. One -time shared expenses associated with program start-up Radio Relocation Expense ($46,335) at 10% $ 4,364 Detention Facility Remodel ing($50,000) at 12% $ 6,600 Fiber Optic Cable Installation $ 500 Generator /USP up -grade project ($37,692) at 10% $ 3.769 Total One -Time expense $ 31,364 6. Fiber Optic Cable lease - Annual cost estimate $ 8,400 $7001mo M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.4 PU 2011 -036 Authorize the Payment of $50,416 to Sam Houston State University for the First Year Annual Maintenance of CRIMES Law Enforcement Software Package. Presenter: Jimmy Perdue, Public Safety Director Summarv: This item is to authorize the payment to Sam Houston State University in the amount of $50,416 for the prorated first year annual maintenance of CRIMES law enforcement software package. General Description: The North Richland Hills Police Department currently uses a software product marketed under the brand name Tiburon for computer -aided dispatch, detention and records management. The company has announced "end of life" for the version of the product now in use. The replacement offered by Tiburon was estimated at over $1 million and annual maintenance in excess of $100,000 each year. After some research, a replacement was located that is a product of the Police Research Center at Sam Houston State University. The software offered under their license name CRIMES has the functionality necessary to accomplish what is needed in terms of computer aided dispatch, detention and records management. It is also compatible with the new software being acquired by the Fire Department (Firehouse). This is an annual expense ($55,000 per year) that covers the software and all related maintenance. Because this product is provided by another governmental agency (Sam Houston State University) the normal bid procedures did not apply. The pricing for CRIMES are based on population and are given at a flat rate for each agency currently utilizing the system. Recommendation: Authorize the payment of $50.416 to Sam Houston State University for the prorated first year annual maintenance of CRIMES law enforcement software package. CRIMES LAW ENFORCEMENT SOFTW LICENSE & MASTER AGREEMENT This agreement, together with all Appendices hereto, is entered into by and between: SAM HOUSTON STATE UNIVERSITY CITY OF NORTH RICHLAND HILLS Huntsville, Texas Police Department (LICENSOR) (LICENSEE) 1.0 DEFTNMON S: 1.1 "CRIMES LAW ENFORCEMENT SOFTWARE" refers to the software program or programs and related materials described in Appendix A, together with all documentation, copies, whether complete or partial, notes, memoranda, and all other materials and information supplied by LICENSOR. 1.2 "LICENSOR" refers to the entity listed above and its duly authorized agents, employees, attorneys, and representatives. 1.3 "LICENSEE" refers to the entity listed above and all agents, employees, attorneys, representatives, and persons acting on behalf of or under the control or supervision of same. 1.4 "Upgrade" or "new release" designates a significant change in the system or methodology of the CRIMES LAW ENFORCEMENT SOFTWARE and is considered a major change of same. 1.5 An "enhancement" is an addition to the basic program which corrects a deficiency or problem or provides additional reports to management or otherwise provides some additional function, which is not a major change. 1.5 The "Primary Contact" shall be one person designated by LICENSEE to act for LICENSEE in connection with instructions, questions, requests, enhancements, upgrades, new releases, telephone calls and correspondence related to the CRIMES LAW ENFORCEMENT SOFTWARE and shall be the person with primary responsibility for contact with LICENSOR. This is to avoid several different people giving conflicting or confiising requests or information to LICENSOR. The Primary Contact shall be listed on Appendix A. 2.0 GRANTS: 2.1 LICENSOR grants to LICENSEE a non - exclusive and non - transferable license to use the CRIMES LAW ENFORCEMENT SOFTWARE, as set forth herein. 2.2 The license granted herein is limited to use of the CRIMES LAW ENFORCEMENT SOFTWARE on the computer systems and at the location or locations specified in Appendix A; provided that if an office location is moved after installation of the CRIMES LAW ENFORCEMENT SOFTWARE, then the CRIMES LAW ENFORCEMENT SOFTWARE may be used at the new location in accordance with the terms of this agreement. 2.3 The license granted herein shall not be assigned, sublicensed, or transferred, except in accordance with this agreement. 2.4 LICENSEE also agrees to allow the demonstration of the CRIMES LAW ENFORCEMENT SOFTWARE by LICENSOR at LICENSEE's premises to others upon reasonable notice and LICENSEE's approval. 2.5 LICENSOR grants to LICENSEE the right to use the software for its own use and for use in joint dispatch and detention services under contract with other governmental units licensed by LICENSOR to use the CRIMES Law Enforcement Software. 3.0 TERM & TERMINATION: 3.1 Upon acceptance and execution by LICENSOR, this Agreement will become binding and effective for an initial term beginning on the date established below and ending on the next occurring 30th day of September. 3.2 Annually, the LICENSOR will mail the LICENSEE the "Intent to Renew CRIMES License Agreement." The LICENSEEE may renew the Agreement for additional one -year terms by annually signing and rehrYring to the LICENSOR the "Intent to Renew CRIMES License Agreement." 3.3 LICENSOR may t ermina te this Agreement if a. LICENSEE fails to timely make any payment due; b. LICENSEE breaches any of the terms hereof or fails to perform any obligation hereunder and such breach or failure is not clued within ten days of notice of such breach. 3.4 The LICENSEE shall have the right to terminate this Agreement upon thirty (30) days' notice to the LICENSOR upon breach by or default of the LICENSOR. A breach or default shall be deemed to have occurred if the LICENSOR fails to comply with a terra, condition or obligation of this Agreement; provided, however, that LICENSOR shall have ten (1 d) days within receipt of written notice of the breach to cure the default. 3.5 Upon termination for any reason, no refund shall be due. LICENSEE shall not be relieved of any obligations previously incurred or accepted, including the obligation to make any outstanding payments. 3.6 Termination of this Agreement does not relieve LICENSEE of its obligations and duties relating to non- disclosure as established under Section 11.4 hereof. 3.7 Upon termination of this Agreement, LICENSOR will snake reasonable efforts to assist LICENSEE in the conversion of L•ICENSEE's data contained in the CRIMES LAW ENFORCEMENT SOFTWARE to another police information system. 3.8 LICENSOR shall take reasonable steps to assure security and emergency availability of the source code. In the event the LICENSOR for any reason is unable to continue support of the CRIMES LAW ENFORCEMENT SOFTWARE, all source codes will be provided to the LICENSEE at no additional cost. 4.0 FEES & PAYMENT: 4.1 The license fee for the CRIMES LAW ENFORCEMENT SOFTWARE shall be that set forth on Appendix. A. 4.2 All third party hardware and sofhvare purchased or obtained through LICENSOR shall be in addition to the license fee for the CRIMES LAW ENFORCEMENT SOFTWARE and in accordance with invoices and/or written quotations from LICENSOR to LICENSEE. 4.3 The fees are payable as set forth in Appendix A. 4.4 Subsequent versions of the CRIMES LAW ENFORCEMENT SOFTW ARE will be provided to LICENSEE at no additional cost. 4.5 LICENSOR will submit an invoice to LICENSEE upon completion of installation. 5.0 INSTA.LLATION & TESTING: 5.1 LICENSOR will deliver and install the CRIMES LAW ENFORCEMENT SOFTWARE as soon as practical. 5.2 Under no circumstances shall LICENSOR be responsible for any delays in connection with the CRIMES LAW ENFORCEMENT SOFTWARE. 5.3 Installation shall include loading of the CRIMES LAW ENFORCEMENT SOFTWARE and any third party software obtained through LICENSOR onto the LICENSEE's server unit and setting up all third party hardware. 5.4 Installation does not include data entry, except for test data. 5.5 LICENSOR will also test the CRIMES LAW ENFORCEMENT SOFTWARE on LICENSEE's equipment to make sure the CRIMES LAW ENFORCEMENT SOFTWARE is operational. 5.6 LICENSOR will also demonstrate the use of the CRIMES LAW ENFORCEMENT SOFTWARE using test data. 6.0 TRAINING: 6.1 Training in the use of the CRIMES LAW ENFORCEMENT SOFTWARE shall be offered as reasonably required. 7.0 SOFTWARE MAINTENANCE & SERVICE: 7.1 Software maintenance and service will be provided for the fee set forth in Appendix A. 7.2 Software maintenance and service includes the following services: a. Periodic monitoring of software via Internet connection; b. Correction of all verifiable bugs or defects in the CRIMES LAW ENFORCEMENT SOFTWARE; c. Providing LICENSEE with enhancements to modules after field testing; d. Providing LICENSEE with upgrades and new releases as available, including documentation; e. Answering routine questions regarding use or operation of the CRIMES LAW ENFORCEMENT SOFTWARE from 8:00 a.m. to 5:00 p.m. central time; f. 24 hour emergency telephone hotline; 7.3 The frequency of monitoring shall be determined by LICENSOR - 7.4 LICENSEE shall promptly notify LICENSOR of any apparent problems with the CRIMES LAW ENFORCEMENT SOFTWARE. 7.5 Maintenance does not include correction of user errors, but such custom assistance may be available at regular hourly rates. 8.0 CONVERSION: 8.1 LICENSOR will assist LICENSEE in planning a schedule of activities and/or checklist for the conversion process from LICENSEE's current system to the CRIMES LAW ENFORCEMENT SOFTWARE. 8.2 Actual conversion, including transfenr ng data from prior systems, modifying such data if necessary, and interpreting same, as well as all other aspects of the conversion process, is the responsibility of the LICENSEE. 8.3 LICENSOR may assist LICENSEE in the actual conversion of data at LICENSOR's regular hourly rates. 8.4 The CRIMES LAW ENFORCEMENT SOFTWARE is designed to allow LICENSEE to manually enter data into the system by having LICENSEE's personnel type in the data after the CRIMES LAW ENFORCEMENT SOFTWARE is installed. 8.5 If LICENSEE's data is already contained in a form and structure compatible with the data structure of the CRIMES LAW ENFORCEMENT SOFTWARE, it may be possible for LICENSOR to aTite a program to assist in the transfer of LICENSEE's previous data. If such is done, the program, including the copyright thereto, will remain the property of LICENSOR. 8.6 Standard conversion includes the transfer only of the types of data listed in Appendix A. It is acknowledged that adding and/or transferring other data which may be in LICENSEE's prior system is considered customization work, which will be at additional cost and which will take additional time. Such work is governed by the Additional Services provisions herein. 8.7 Interpretation of LICENSEE's data and modification, if necessary, into a form consistent with the CRIMES LAW ENFORCEMENT SOFTWARE's data structure is LICENSEE's responsibility, although LICENSOR will assist LICENSEE at LICENSOR's regular hourly rates. 8.8 It is acknowledged that not all information in LICENSEE's old system may be transferable to the CRIMES LAW ENFORCEMENT SOFTWARE and the interface, if it can be done, will apply only to compatible items. 9.0 ADDITIONAL SERVICES: 9.1 LICENSOR may provide additional services such as assistance in choosing equipment or software, purchasing third party equipment and software, training, conversion, customization of screens, interfacing the CRIMES LAW ENFORCEMENT SOFTWARE Aith LICENSEE's payroll and/or billing programs or other programs, consultations, and similar functions. Such advice may require an additional fee. 9.2 LICENSOR is under no obligation to render such additional services and any agreement for same will be separate from and in addition to this agreement at LICENSOR's regular hourly rates plus expenses, unless prior agreement has been made in writing. 9.3 Payment for additional services shall be due within thirty days of receipt of invoice. 10.0 WARRANTIES AND DISCLAIMER: 10.1 LICENSOR warrants that it has the right to enter into this agreement and owns such rights to the CRIMES LAW ENFORCEMENT SOFTWARE as are necessary to grant this license. 10.2 LICENSOR further warrants that the CRIMES LAW ENFORCEMENT SOFTWARE does not infringe upon the valid copyright or other rights of others and will indemnify and hold LICENSEE harmless from and against all claims of infringement so long as LICENSEE utilizes the CRIMES LAW ENFORCEMENT SOFTWARE in accordance with this agreement and adheres to the terms hereof regarding such utilization. 10.3 LICENSOR further warrants that the CRIMES LAW ENFORCEMENT SOFTWARE includes the component elements as set forth in Appendix. A. 10.4 To the extent that LICENSOR supplies LICENSEE with thud parry products, whether hardware, software or other supplies, LICENSOR make NO WARRANTY WHATSOEVER regarding such thud -party products and LICENSEE shall rely solely on the manufacturer's warranty and LICENSEE's sole recourse will be against such manufacturer. 10.5 LICENSOR does warrant that the CRIMES LAW ENFORCEMENT SOFTWARE includes the basic fimctionality as set forth in Appendix A, but does not warrant any specific features. 10.6 EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, LICENSOR MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE CRIME'S LAW ENFORCEMENT SOFTWARE IS LICENSED AS IS AND WHERE IS AND THE WARRANTIES LISTED ABOVE ARE IN LIEU OF ANY AND ALL OBLIGATIONS OF LICENSOR FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ATTEMPTED USE OF THE CRIMES LAW ENFORCEMENT SOFTWARE. LICENSOR'S LIABILITY SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE CHARGES ACTUALLY PAID BY LICENSEE TO LICENSOR HEREUNDER FOR THE LICENSE OF THE CRIMES LAW ENFORCEMENT SOFTWARE. 10.7 Under no circumstances shall LICENSOR be responsible for user error, including but not limited to, erroneous data input, misuse of the CRIMES LAW ENFORCEMENT SOFTWARE, incorrect interpretation of data or missing data. 11.0 NON - DISCLOSURE OF PROPRIETARY INFORMATION: 11.1 CRIMES LAW ENFORCEMENT SOFTWARE, and all information and materials related thereto supplied by LICENSOR constitute proprietary information and trade secrets of LICENSOR. 11.2 LICENSEE shall use LICENSEE's best efforts to insure the confidentiality of the CRIMES LAW ENFORCEMENT SOFTWARE, and all related materials and information supplied by LICENSOR. 11.3 LICENSEE warrants that LICENSEE will not disclose, use, modify, copy, or reproduce the CRIMES LAW ENFORCEMENT SOFTWARE, or any of the information or materials supplied by LICENSOR except in accordance with this agreement or after fast obtaining the written permission of LICENSOR. 11.4 LICENSEE specifically agrees to use its best effort to prevent its employees, agents, attorneys and representatives from disclosing such proprietary information. 11.5 LICENSOR shall use LICENSOR's best efforts to insure the confidentiality of LICENSEE's data, systems, procedures and all other matters and information designated by LICENSEE as confidential. 11.6 LICENSOR specifically agrees to use its best efforts to prevent its employees, agents, attorneys and representatives from disclosing such confidential information and shall hold LICENSEE harmless in the event of any disclosure by said persons. 11.7 The non - disclosure provisions of this section shall continue beyond the term of the contract and shall be binding and enforceable even after termination of this agreement. 12.0 FORCE MAJEURE: 12.1 LICENSOR shall not be responsible for any failure to perform hereunder which is caused by Acts of God or any other circumstances beyond the control of LICENSOR. 12.2 The parties hereto recognize that the CRIMES LAW ENFORCEMENT SOFTWARE represents a sophisticated software system and that it is impossible to test every possible combination of circumstances and situations. In the event a significant software problem or bug is discovered, LICENSOR will use its best efforts to correct such, but cannot guarantee either a solution or a time frame within which such bug will be eliminated. 12.3 Under no circumstances shall LICENSOR be responsible for any injury or damage due to any delay in delivery or performance. 13.0 MISCELLANEOUS: 13.1 The provisions of this agreement shall be severable and if one or more provisions should be declared invalid, the remaining provisions shall remain in full force and effect; provided that should any provisions regarding the non- disclosure of proprietary information be deemed invalid, then the parties hereto agree to enter into such other agreement as will validly afford, to the gyeatest extent possible, the protection intended by those sections. 13.2 Any failure or delay in the execution of any right herein shall not constitute a waiver thereof, nor shall any such delay or waiver of a particular default or right operate as a waiver of any other rights. 13.3 It is specifically agreed that the breach of this agreement, and in particular the sections concerning non- disclosure of proprietary information, will result in irreparable injury and the party who claims such a breach shall be entitled to specific performance and injunctive relief to correct and enjoin such breach in addition to all other remedies which might be available. 13.4 This Agreement shall be construed according to the laws of the State of Texas and all actions, regardless of the nature of such, to enforce this Agreement or for the breach of same shall be brought within two (2) years from the occurrence of the grounds for such action and venue shall be set in either state or federal court in Austin, Texas. 13.5 This agreement is an interlocal contract entered into under the provisions of Chapter 791 of the Texas Government Code. Each party will pay for its performance under this agreement from current revenues available to it. 13.6 This agreement represents the entire agreement between the parties and supersedes any and all prior agreements and understandings, and shall not be modified except in writing, signed by both parties. 13.7 The LICENSOR recognizes that any agreements contained herein are subject to the provisions of the Public Information Act (Chapter 552 of the Government Code), and that any disclosure of information required by that Act shall not be considered to be a breach of this agreement. LICENSOR: LICENSEE: By: Sy: SAM HOUSTON STATE UNIVERSITY CITY" OF NORTH RICHLAND HILLS Police Department Date: Date: APPENDIX A CRIMES Law Enforcement Modules The CRIMES law enforcement program is a state -of -the -art comprehensive computerized police information management system, consisting of the following component modules, linked as appropriate to allow cross component search, cross - tabulation, and data transfer: - Computer Assisted Dispatch (CAD) — Provides a computerized format for comprehensive management of the communications function for Police, Fire, and EMS. Interfaces with E911 systems and CRIMES Mobile, automated TLETS and local warrants checks, and location history, and hazard warnings. Automatic time stamping of call response, records activity and status of all active emergency response units, and reconnueuds Fire units to be dispatched to specific locations. - Master Name File — Provides a single file containing all persons and organizations entered into CRIME'S, which links all data entry modules. This enables a search of the entire CRIMES database for any nine or partial name recorded, regardless of their role in an incident. Automatic cross check of new entries for previously recorded persons. - Incident Reporting — Provides a means to enter initial or supplemental incident reports along with data already entered through CAD. Launches MS Wordy to provide word processing capabilities for the narrative portion of the incident report. Accepts digital photos. - GIS Capability — Interface capability to ESRI® providing communications center and in -car GIS /GPS display; GIS analysis capability. - Local Warrants — Maintains local records on arrest warrant and enables officers to quickly check subjects contacted in the field for local warrants. - Field Interview — Provides a means of recording information on subjects encountered in the field that are not arrested or cited for any violation. - Booking/Jail Management — Provides a powerful tool for nnanaging county jail and city lockup facilities and includes links to the Master Name Module. Includes the booking of prisoners and maintaining a record of each prisoner's property, location, activity, and status. Includes digital photo storage and photo line -up. - Property Room Management — Maintains a record of all properly submitted to the agency property room for storage and/or final disposition and is specifically designed to enhance the maintenance of chain -of- custody information for evidence. It is also bar code capable. - Traffic Citations — Records all information regarding the violation being cited, the location of the offense, vehicle description, and the violator information. - Traffic Accident — Provides for the preparation and printout of the standard Texas DOT accident reports within the CRIMES database. - Advanced Search — Point and click retrieval of trend data, automatic graphing (bar graphs, pie chants, etc.) - Productivity Reporting — Automated tracking of call for service, offense, arrest rates. Linkage to deployment software. - Investigations Case Management — Provides the means to insure that each reported c rimina l case is tracked. This uses solvability factors to aid in assigning priority status and identifies case investigators along with tracking case progress. - Uniform Crime Reports — Generates the required UCR reports which must be submitted monthly to DPS. - Racial Profiling — At user's option. automatic compilation of required 1074 Reports from either independent entry or combination of Field Interview and Citation. - Alarm Permits and Billing — Provides a separate database for recording alarm permit information and interfaces with CRIMES database to identify excessive alarms and permit violations for the automated generation of violation invoices. - Management Reports — Generates a set of reports within CRIMES to aid supervisors and administration in operational and management decision making. Retrieves UCR index crime information and call- far - service data from the CLIMES database and generates graphical displays representing activity trends which are automatically included in a fully customizable MS PowerPoint� presentation. - Security System — Security for the edit/delete functions, limiting access for all transactions. A tinier limits edit to a user defined period, e.g., 24 hours, before password security is required. - Expunge — Removes the name of an individual from crimin records in accordance with the standard expunge court order. CRIMES Police Mobile Component includes: - Field Reporting for mobile entry of incident reports. - Beat Information search routine for retrieval of recent beat activity. - Field Search of CAD, Incident, and Master Name File modules. - TLETS connectivity. - CAD Call Screen Display for individual call information, user defined display of pending calls. - Unit to Unit Messaging, broadcast capable. - Global Positioning System vehicle location software interface to ESRI* systems. CRIMES Fire Mobile Component includes: - Full CAD functionality including fire time logs, recommended units and move -ups, paging, rip and run.. Independent Fire Mobile Interface with Firehouses. Agency Equipment and Associated Software Licenses LICENSEE is responsible for provision of Windows capable computer server unit, switches, cabling, and workstations. LICENSEE will provide all software and licenses necessary for operation, including Microsoftg Server Standard Edition, Microsoft SQL Server and Access Licenses (for each workstation), Windowse XP or Vista for each Workstation, and Microso& Office Professional (for each workstation). In addition, a Ciscos VPN concentrator and software is required for TLETS connectivity to TCP/IP. For Mobile communications a wireless subscription (e.g., Ver zone) is required in addition to NetMotionw for constant connectivity and encryption. Equipment Location. The CRIMES software and mobile components shall be installed and used at the locations designated by LICENSEE from time to tune. License Fee and Payment Schedule Subj ect to other provisions of this agreement, the total annual fee for the CRIIIIES LAW ENFORCEMENT SOFTWARE license, system maintenance, training, and related services under this agreement shall be as follows: CRIMES Annual License Fee: $55,000 This agreement shall remain in force until termination per Section 3.0. Annual Renewal Date: October 1st of each year. Such annual fee is premised upon a current city of North Richland Hills population of 63,343, Census 2010. Such fee shall be prorated for the fast year by the number of months from installation through ,September 30th, and renewable thereafter on October Ist of each year. LICENSOR reserves the right to modify the amount of the annual fee with notice given at least six months prior to the October 1st renewal date. Provided, however, that if the LICENSEE affirmatively declares that it is an undue hardship to adjust the fee at such date, the adjustment will be deferred, without retroactivity, to the following October 1 St. Primary Contacts The primary contact shall be: LICENSOR: LICENSEE: Director: Larry T. Hoover, Ph.D. Name: Phone: (936) 294 -1636 Phone: Address: Police Research Center -Box 2296 Address: Sam Houston State University Huntsville, TX 77341 -2296 Email: prcO -shsu. edu Email: LICENSOR: LICEENSEE: By: By: SAM HOUSTON STATE UNIVERSITY CITY OF NORTH RICHLAND HILLS Police Department Date: Date: M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.5 PU 2011 -037 Authorize the Payment of '$65,000 to Pure Data LLC for Professional Services to convert historical data currently stored in Tiburon Software. Presenter: Jimmy Perdue, Public Safety Director Summarv: The North Richland Hills Police Department is purchasing new records management and computer -aided dispatch software. This item is to authorize payment to Pure Data LLC in the amount of $65,000 for professional services to convert existing electronic data currently stored in the Tiburon software so that it will be accessible by the new system. General Description: In order to access historical data stored in the software being replaced, a vendor was sought that could convert these files into a format readable by the new software. A "Request for Proposals" (RFP) was advertised and Pure Data LLC was selected from this process. Historical data beginning March 2006 to the last entries in the legacy system will be converted so that it may be accessed using the replacement software. Electronic access to historical police records and data is necessary to analyze crime trends, to evaluate staffing requirements and for other purposes. Having the data in an easy to access format by the system in use provides staff and management ready information. Continuing storage and access in a legacy system is neither practical nor cost effective. This item was sent out for sealed competitive bids and the City only received one response. This is the preferred company and they meet all of the qualifications. Recommendation: Authorize the payment of $65,000 to Pure Data LLC for professional services to convert legacy data currently stored in Tiburon software. City of NRH Data Conversion R-FP 11 -034 Data Conversion Pricing Proposal is to contain a work plan and estimate of cost for each phase of the project as described in the Scope of Work. EST. TIME COST TO PHASE PER PHASE COMPLETE EACH PHASE Phase I - Conversion of data from March 21 2 month 20 to current entries of 2011 ,600 Phase II — Conversion of remaining records back to August 2009 21,600 2 month Phase III --- Completion and City acceptance 21,800 2 Weeks TOTAL ESTIMATED COST 65,000 Payment Terms: The City anticipates payment terms for this project to be at receipt of invoice from vender upon the completion of each phase. The Undersigned, in submitting this proposal, represents and certifies: a. He /she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He /she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will at no time be pleaded either a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. Ike /she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. COMPANY: Pure Data, LLC ADDRESS: 3081 Trailwood Drive East CITY, STATE & ZIP: Burleson, TX T6028 TELEPHONE: 817 -296 -7354 FAX: EMAIL: debsmith@puredatallc.com puredatallc.com "_s'K020V1JSA PRINTED NAME.: Deb Smith DATE: 9/2712411 A. Service Description 1. Project team meetings 2. The use of 3 " party applications to determine data structure and amount, the development of scripts, routines, and testing protocol to determine scope of the entire project. 3. Development of a timeline or other document along with a project analysis and description and a project implementation plan 4. Regular staff updates on project progress, status and issues 5. Development of scripts, routines, and test protocols, both manual and automated, to produce data extracted from the existing applications as described in the Scope of Work Section of the RFP: AS400 Tiburon Master Name Data Tiburon Records Management: Police, fire and other operational data on the IBM eServer P5 model 9111 -52 platform (installation March 2007). The eServer is containers in a Oracle database format and is ODBC compliant and compatible with Crystal Reports as well as other database raining applications. The database contains approximately 4000 arrests with mug shots, 1,456,000 calls for service, 33,668 electronic jackets of persons and business related information as well as corresponding offense reports with narrative and supplement reports in Microsoft Word(g) format. There are an estimated 240,404 reports to be converted from AS400 and Tiburon. Tiburon GAD Activity Reporting Server Police, fire and other operational data on a Dell Poweredge 2950 with Windows Server 2003. The Server contains an SQL database format compliant and compatible with Crystal Reports as well as other database mining applications. There is approximately 12.5 gigabites of data housed on this server. All modules of the above listed databases will be converted, as described in the Scope of Work section, with the exception of the modules listed which are applications and not databases such as interfaces, print and tonal modules, etc. These exceptions were discussed in the Pre -Bid Conference held on September 20, 2011. Pure Data LLC 6. Comparative analysis of data extraction tables and importation tables 7. Development of a method of importation of external data (Ford Documents, Image files, etc) to GRIMES S. Direction and assistance with go -Live of converted. data. 9. Telephone and/or on -site support for duration of project and beyond go -live transition for mutually agreeable timeframe. B. Additional Hardware Description The City of North Richland Hills shall provide means of access to the data in the form of terminal services, emulators, and/or other hardware and/or software methods. Preferred method of access is secured and offsite. 2. The City shall provide on -site workspace including printers, PC and/or terminal, networking applications and emulators if needed. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.6 PU 2011-038 Authorize Purchase, in the amount of $67,440.00, to ACS Firehouse for a replacement Fire Records Management System Presenter: Sean Hughes, Emergency Management Coordinator Summarv: This item is to authorize payment to ACS Firehouse in the amount of $67,440 to purchase a replacement Fire Record Management System. General Description: The North Richland Hills Fire Department has been utilizing the Tiburon Fire Records Management System (FRMS) since 1999. Recently, the City of North Richland Hills received notification from Tiburon, that the FIRMS is reaching the end of life. Since the Tiburon FRMS is reaching the end of life as a viable piece of software, the Fire Department explored options for replacement software. During the research, it was found that Richland Hills, Haltom City and Watauga are all currently utilizing Firehouse software for their FIRMS software. All three other cities are very satisfied with this software vendor. After evaluating the Firehouse software and comparing the features to the new Tiburon software, the Fire Department chose Firehouse for the compatibility, low cost to purchase and lower maintenance costs. The utilization of the Firehouse software allows all 4 cities to share data and allow each city to serve as a disaster recovery site for each other. The Firehouse software also offers more features and additional service tools to the Fire Department. The total cost of $67,440 includes the conversion of all of the data from the Tiburon FRMS to the new Firehouse program so no historical data will be lost. ACS State & Local Solutions participates in the State of Texas Department of Information Resources ('DIR) cooperative purchasing program (DIR # SDD1647). By purchasing from this contract the City meets all State competitive bidding requirements. Recommendation: Authorize payment to ACS Firehouse in the amount of $67,440 to purchase a replacement Fire Records Management System. ACS FIREHOUSE Services QUOTE c/o Michael J Rogers & Assoc., Inc A L.JLCS 10051 Barton Circle Date Estimate Frisco, TX 75035 A GwWW 10!312011 9594 Name I Address 'Ship To North Richland Hills Fire Dept North Richland Hills Fire Dept. Sean Hughes Sean Hughes 7202 Dick Fisher Dr N 7202 Dick Fisher Dr N North Richland Hills, TX 76180 North Richland Hills, TX 76180 Teal Phone # Fax # E -mail Web Site 888 -941- 3473 214- 504 -0244 fhmike@tx.rr.eom www.firehousesoftware.com Page 1 Customer Number Project Description Qty Rate Total FH ENT Core System (including Fire/First Responders /State 1 5,995.00 5,995X0 reporting; EMS; ApparatusTquipmentllrrventory; DccupancylLnspections, TrainingJFersonnel; Hydrants plus Graphing Module & Daily Journal) FH ENT - Complete System Update /Support 1 895.00 895.00 FH ENT Additional User 14 820.00 11.480.00 FH ENT - Addl User Update /Support 14 170.00 2,380.00 FH ENT Generic CAD Monitor For Crimes Dispatch 1 9,270.00 9,270.00 FH ENT - CAD Interface UpdaWSupport 1 2,050.00 2,050.00 FH Sketch 1 885.00 885.00 FH Sketch First User Support 1 170.00 170.00 FH Sketch Addl User 14 140.00 1,960.00 FH sketch additional users support 14 70.00 980.00 TeleStaff to Roster Interface 2,600.00 2,600.00 FH Inspector for the iPad 5 500.00 2,500.00 FH Mobile Preplan Viewer 5 510.00 2,550.00 FH Mobile Preplan Viewer Update/Support 5 80.00 400.00 Motorola Bar Scanner wf3 yr Warranty 5 1,205.00 6,025.00 FH Bar Coding Software 5 545.00 2,725.00 FH Bar Coding Support 5 200.00 1,000.00 Data Conversion. Per record cost. 85,750 0.10 8,575.00 Teal Phone # Fax # E -mail Web Site 888 -941- 3473 214- 504 -0244 fhmike@tx.rr.eom www.firehousesoftware.com Page 1 ACS FIREHOUSE s ervices QUOTE c/o Michael J Rogers & Assoc., Inc 10051 Barton Circle Frisco, TX 75035 A XOrox � CWgWW date Estimate # 10,312011 9594 Name I Address North Richland Hills Fire Dept Sean Hughes 7202 Dick Fisher Dr North Richland Hills, TX 75180 Description FIREHOUSE Software Graph Module One day of on -site training One day of on -site training INSTALLATION and Configuration Ship To North Richland Hills Fire Dept Sean Hughes 7202 Dick Fisher Dr N North Richland Hills, TX 761.80 Customer Number Project Qty Rate Total 0.00 1 0.00 0.00 3 1,000.00 3,000.00 2 1,000.00 2,000.00 I Total $67,440.00 Phone # Fax # E -mail Web Site 888- 941 -3473 214 - 504 -0244 ffimike@tx.rr.com www.firffhousesoftivare.com Page 2 M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.7 PU 2411 -439 Authorize Payment, in the amount of $55,500.00, to DFW Communications to Relocate Radio Equipment. Presenter: Sean Hughes, Emergency Management Coordinator Summarv: This item is to authorize payment to DFW Communications for an amount not to exceed $55,500 for moving radio equipment from Haltom City to North Richland Hills as part of the Communications Consolidation Project. General Description: As part of the Communications Consolidation Project, the re- distribution of radio equipment is essential to keeping the cost of the consolidation down. In order to expand the Communications Center from 3 positions to 6 positions, equipment from Haltom City needs to be moved to NRH to expand the Communications Center capability. The needed equipment will be moved from the Haltom City Communications Center to the North Richland Hills Center in a planned manner to allow both facilities to continue to operate up until the scheduled move date. Extra equipment from both cities will be installed in what is now the Watauga Communications Center, which will act as a backup site. Recommendation: Authorize payment to DFW Communications for an amount not to exceed $55,500 to move radio equipment from Haltom City. --f DF w CCMM NICA'nams DFW Communications Inc. �' Dispatch Consolidation Proposal Sean Hughes, City of North Richland Hills Re: Dispatch Center Consolidation 5 -20 -2011 Mr Hughes, Please find below a proposal to consolidate the dispatch operations of Haltom City, Richland Hills and Watauga into the dispatch center of North Richland Hills. This quote is intended to cover only the land mobile radio operations of Police, Fire and Public Works. No 9 -1 -1 call operations are covered by this statement of work. This migration plan assumes that the three migrating entities have NRH talkgroups already programmed in their subscribers. No radio programming outside the Fire Alert radios is quoted, North Richland Hills will be responsible to order and install the additional T1. Due to the complexity and diversity of the outdoor warning systems at each city, those systems are not quoted. Statement of Work City of Haltom City Migration We recommend the migration of Haltom City be done in two phases. Phase I will consist of moving the Haltom City Police and Fire to the NRH talkgroups on the City of Ft Worth trunked system. • This may be accomplished for the Police and Fire subscribers by simply having all units move to an existing NRH talkgroup already in the radios_ • The Haltom City subscriber alias data base will have to be added to the NRH Gold Elite system. • The three (3) Haltom City fire alert radios will be programmed with the NRI-1 fire alert talkgroup and the tone plan added to the NRH tone plan. Phase 11 will consist of the actual move of the IIaltom City console equipment move to the North Richland Hills. • An additional Tl line to the City of Ft Worth EOC will be required to add the additional consoles to the system. • To maintain communications between dispatch and the Public Works radios the conventional UHF control station will have to be moved to the NRH dispatch center and added to the consoles. • The Central Electronics Bank will be disassembled, removed and relocated to the empty rack at the NRH facility. • Due to the added load at NRH a dedicated circuit protection system should be added to the facility. This will require electrical work at the site and is included in this quote. • The three (3) console positions will then be disassembled and relocated to the existing furniture at the NRH site. • The NRH CDM will have to be updated to accommodate the new positions. City of forth Richtand Hills Price Proposal DFW CQMMUNICATIWY6 DFW Communications in¢. Dispatch Consolida"n Proposal • As well, with the expansion to six positions, it is recommended to add a server to the console system. • We recommend two HC trunking control stations be moved to the NRH system for backup on the additional CEB. This will require adding a control station combiner to the equipment room to accommodate the new radios. Cities of Richland Hills and Watauga Since no console equipment will be moved from either of these cities, their migration plans are essentially the same. Both cities have Public Works departments operating on a separate conventional UHF radios system which will require a control station to be relocated to NRH and added to the consoles. • This may be accomplished for the Police and Fire subscribers by simply having all units move to an existing NRH talkgroup already in the radios_ The alias databases of both cities will be added to the NRH consoles. • The NIGH Fire Alert talkgroup will be programmed into the alert radios at each cities fire stations. • The tone plans for each city will be added to the NRH tone plan. • A control station for the public works systems will be moved to the equipment room at the NRH facility and added to the consoles. Backup Radios To maintain a backup radio system for the additional CEB, four (4) 800mhz radios will need to be moved and added to the equipment room at NRH. This will require a control station combiner to accommodate the antennas systems. Backup EOC (Watauga Dispatch) Provision the new MCC5500 consoles and control stations to provide for PD and FD communications. Watauga has four (4) dedicated radios and two (2) selectable radios on the consoles. We will program NRH Fire 1 & 2 and NRH PD 1 & 2 into the radios and add these talk groups to the consoles. We will also program 2 additional talk groups into the selectable radios and add those to the consoles. T1 (Test Only) $ 1,030.00 Electrical Work (Pasts and labor) $ 3,500.00 Console Server (Farts and labor) $ 6,110.00 Control Station Combiner (Parts and Labor) $ 8,270.00 Haltom City Migration $ 18,473.50 Richland Hills Migration $ 4,625.50 Watauga Migration $ 4,625.50 City oflYorth Richland Hills Price Proposal DFW DPW Corninunications Inc. comneuwicasiaru� Dispatch Consolidation Proposal Backup EOC (Watauga Dispatch) Program NRH talk groups into 6 radios $ 330.00 Create two templates $ 400.00 Program NRR talk groups into MCC5500 consoles $ 420.00 Total 47,484.50 NOTES: Any labor or material not specifically identified in this quote will be considered above scope and subject to time and material billing at the prevailing rates. This quote does not include the migration of outdoor warning system. equipment .migration. No radio programming outside of the fire alert radios is quoted. Thank you main for the opportunity to quote and service your communications needs. tf you should have any questions regarding this quote or any communications needs, please feel free to contact me at the numhers below. Darwin Breland Projects Manager DFW Communications Inc. 817 - 7304339 x3011 Qfe. 469-236 -3952 Cell City 0f North Ric hinnd Hills Price Proposal M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.8 GN 2011 -085 Approve Fiber Agreement between the City of North Richland Hills and Charter Communications, Inc. for $3,099.00 Monthly and Construction Fee of $2,000. Presenter: Kyle Spooner, Information Services Director Summarv: Staff is recommending a 60 month agreement with Charter Communications, Inc. to provide fiber connections from the City of North Richland Hills to the cities of Richland Hills, Watauga and Haltom City for $3,099.00 monthly with a one -time construction fee of $2,000.00. Under this agreement Charter will provide the necessary connectivity to provide consolidated dispatch and detention services. General Descrir)tion: During the work session on September 26, 2011, the City Council was briefed on the specifics of how the consolidated dispatch and detention services would functionally work. In order to achieve this cooperative effort, the four different physical sites must have data connections in order to communicate. Staff tasked Charter Communications with designing these connections in such a way that the North Tarrant Express highway construction would not interfere and/or interrupt communications. Charter will provide fiber connectivity between the City of North Richland Hills and each of the participating cities. The connection to the participating cities will be at a rate of 30 MB with a 100 MB backhaul in our city hall. This will position the cities to successfully pass data from the centralized dispatch system to the decentralized records management systems. Additionally, it will provide staff the access to necessary data regardless of its physical location. This is a two phased project with the connection to Richland Hills being completed in mid - November and the connections with Watauga and Haltom City being completed after January 1, 2012. This consolidation effort takes a tremendous step in achieving regional communication interoperability. Recommendation: Approve the 60 month agreement with Charter Communications, Inc. for fiber connectivity. � Charter Business 411N111[$A0", 0" �e�:] DATA TRANSPORT SERVICE AGREEMENT This Service Agreement ("Agreement") is executed and effective upon the latest date of the signatures set forth in the signature block below ( "Effective Date ") by and between Charter Fiberlink TX -CCO, LLC , ( "Charter Business" or "Charter) with local offices at 15100 Trinity Blvd. Ste 500, Fort Worth TX 76155 and City of North Richland Hills - Dispatch Center, ( "Customer') with offices located at 7301 NE Loop 820, North Richland Hills, TX 76180 -6949. Both parties desire to enter into this Agreement in order to set forth the general terms under which Charter is to provide Customer with Charter's services ("Service" or "Services ") to Customer site(s), the scope and description to be specified per site below and/or in a Service order(s) executed by both parties (each instance of site identification and order a "Service Order' or collectively the "Service Orders "), which shall be incorporated in this Agreement upon execution. This Agreement and each Service Order will be effective only after both parties have signed each document. 6 =I:IT1 163 :991 11=I N Under the Data Transport Service Agreement CUSTOMER INFORMATION: Account Name: City of North Richland Hills - Dispatch Center Invoicing Address: , Invoicing Special Instructions: 1. SITE - SPECIFIC INFORMATION: V New ❑ Renew ❑ Change: Order Type: New Customer Service Location (Address): 7301 NE Loop 820, North Richland Hills, TX 76180 -6949 Service Location Name ( for purposes of identification): Service Location Special Instructions: CUSTOMER INFORMATION: Account Name: City of Richland Hills — Police Dept Invoicing Address: Invoicing Special Instructions: 2. SITE- SPECIFIC INFORMATION: V New ❑ Renew ❑ Change: Order Type: New Customer Service Location (Address): 6700 Baker Blvd, Richland Hills TX 76118 Service Location Name (for purposes of idenfrfication): Service Location Special Instructions: V1 Non - Hospitality or Non -Video C'BCR v2 :006000000097th3 Customer Contact Information. To facilitate communication the following information is provided as a convenience and may be updated at any time without affecting the enforceability of the terms and conditions herein: Billing Site Contact Contact Name Bob Weakley Phone (817) 427 -6233 Fax Cell Email bweakley@nrhtx.com Address MONTHLY SERVICE FEES: Site #1 Data Services: Charter Business Bundle: No Bundle' Base Service MEF Service Types (if applicable): Speed: 100 Mbps (Down/Up) CPE: Additional Services FG -200B Site #2 Data Services: Charter Business Bundle: No Bundle' Base Service N1EF Service Types (if applicable): Speed: CPE: Additional Services FG -80C Totals Technical Contact $819.00 $180.00 $610.00 30Mbps (Down /Up) $ 90.00 $1699.00 CBCR V2 :006000000097th3 k if Customer has selected the Charter Business Special Offers, the Section 2(k) of the Standard Terms of Service (for Charter Business Bundle) shall apply.0 N E - T I M E C H A R G E S: One -Time Standard Installation Fee- FOR 2 SITES $ 500.00 per Site $1000.00 ONE -TIME CHARGES $1000.00 2. TOTAL FEES. Total Monthly Service Fees of $1599.00 are due upon receipt of the monthly invoice.Total One -Time Charges of $1000.00 are included in the first monthly invoice. 3. SERVICE PERIOD. The initial Service Period of this Service Order shall begin on the date installation is completed and shall continue for a period of 60 months. Upon expiration of the initial term, this Service Order shall automatically renew for successive one -month terms at Charter's then current Monthly Service Fees unless either party terminates this Service Order by giving thirty (30) days prior written notice to the other party before the expiration of the current term. 4. TROUBLE REPORTS. Charter shall monitor its fiber optic -based data transport Services twenty -four (24) hours a day, seven (7) days a week. Charter shall provide Customer with a toll free telephone number the Customer may call to report service problems. Charter shall provide a telephone response to such calls within one (1) hour, and, if necessary, initiate a physical response within four (4) hours of receiving Customer's call reporting the problem. 5. SERVICE CREDITS. Customer shall be entitled to one (1) hour of service credit per Site per affected fiber optic -based Service (i.e. circuit) for each hour of Service Interruption if the interruption: (a) exceeds four (4) consecutive hours, (b) is not caused by Customer, or its agents, employees, licensees, or contractors, or a Force Majeure Event, (c) is not caused by Customer - provided equipment or facilities beyond the demarcation point, (d) is not caused by scheduled maintenance, and (e) is reported to Charter within twenty -four (24) hours of the commencement of the interruption. Service Credits shall not apply to any period of time for which Charter is not granted access, if necessary, to the applicable Customer Site. A "Service Interruption" is the continuous period of time during which a respective Service is not provided substantially as warranted to one or more Customer Sites. A Service Interruption commences when Charter becomes aware of such Service Interruption of a Service and ends when the Service is operational and the Trouble Ticket is closed. A Service Credit is calculated as follows- • Service Credit = Per Hour Rate X (# of consecutive hours during Service interruption) • Per Hour Rate = Per Day Rate/twenty-four (24) • Per Day Rate = Monthly Service Charge /thirty (30) days (30 = average days in one [1] month) Any Service interruption that exceeds a consecutive period of twelve (12) hours shall be considered an outage for one (1) day_ Example: If Customer is paying a $10,000 Monthly Service Fee and a Service interruption of one (1) day (or 24 hours) occurs, the Service Credit shall be equal to $333.33 and shall be applied on the billing cycle following the date Charter makes its credit determination: Per Day Rate = $10,000/30 days = $333.33 Per Hour Rate = $333.33124 hours = $13.89 Service Credit = 1 day X $333.33 = $333.33 OR 24 hours X $13.89 = $333.33 Service credits will be based on the Customer's Monthly Service Fee for those Sites and specific Services affected by the Service Interruption. Non- recurring, equipment and usage -based charges are excluded. The sum of all Service Credits shall not exceed the Customer's total Monthly Service Fees for the month in which the Service interruption occurred. The Customer must contact Charter Business at 866.603.3199 (or successor applicable toll -free number) to request a Service Credit for a specific Service Interruption. Charter Business will exercise commercially reasonable efforts to respond to such Service Credit requests within C'BCR v2 :006000000097th3 fifteen (15) business days of receipt thereof. The approved Service Credit will be applied on the billing cycle following the date Charter makes its credit determination. Service Credits shall be Customer's sole and exclusive remedy for Charter's failure to provide Services as warranted. 6. NO UNTRUE STATEMENTS. Customer further represents and warrants to Charter that neither this Service Order, nor any other information, including without limitation, any schedules or drawings furnished to Charter contains any untrue or incorrect statement of material fact or omits or fails to state a material fact. 7. CONFIDENTIALITY. Customer hereby agrees to keep confidential and not to disclose directly or indirectly to any third party, the terms of this Service Order or any other related Service Orders, except as may be required by law. If any unauthorized disclosure is made by Customer and/or its agent or representative, Charter shall be entitled to, among other damages arising from such unauthorized disclosure, injunctive relief and a penalty payment in the amount of the total One -Time Charges associated with this Service Order, and Charter shall have the option of terminating this Service Order, other related Service Orders and/or the Service Agreement. 8. FACSIMILE. A facsimile of a duly executed Agreement and Service Order signed by both authorized parties shall be considered evidence of a valid order and Charter may rely on such facsimile copy of the Agreement and Service Order as if it were the original. NOW THEREFORE, Charter and Customer agree to the terms and conditions included within this Service Agreement, including the Commercial Terms of Service which follow, and hereby execute this Service Agreement by their duly authorized representatives. C'BCR v2 :006000000097th3 Charter Piberlink TX -CC4, LLC By: Sy: Charter Communications, Inc., its Manager Signature: Printed Name: Title: Date: Charter Business Account iExecutive: Name: Adam Kuehn Telephone: 817 -288 -3653 Fax: 817- 358 -7502 City of North Richland Hills - Dispatch Center Signature: Printed Name: Title: Date: CBCR v2 :006000000097th3 STANDARD TERMS OF SERVICE SERVICE. Charter agrees to provide the Services during Customer of such charges. Customer shall be the Service period to the Customer at the site(s) identifed assessed such additional One -Time Charges and/or in the Service Order(s). "Service Period," is the time period adjusted Monthly Service Fees, either (i) in advance starting on the date the Services are fully functional in all of implementation of the change request or (ii) material respects and available for use as described in a beginning on the Customer's next and /or subsequent Service Order or as reflected in the first invoice (the "Turn- invoice(s). up Date "), and continuing for the number of months (e) Site Visits and Repairs. If Customer's misuse, abuse specified in the Service Order(s). d'i f' 4; th S E ' t K1_+1__ k STANDARD PAYMENT TERMS. Customer agrees to pay the monthly Service fees and one -time charges as set forth in the Service Order(s) incorporated under this Service Agreement by execution thereof by the parties. "`Monthly Service Fees" is the amount specified as the monthly fee to be paid by the Customer for the Services. "One -Time Charges" include, but are not limited to, construction, Service installation charge(s), repair, replacement, or any non- recurring charges. "Service Installation Charge" is the amount specified as the fee for installation of equipment and network facilities. "Equipment" means components including, but not limited to, any gateway or edge electronic device, antenna, node, concentrator, bridge, receiver, transmitter, transceiver, router, switch, hub or communications lines /cables that makes up the network of Charter - provided Equipment, facilities and materials (the "Network ") necessary to provide the Services. (a) Monthlv Service Fees. Customer agrees to pay Monthly Service Fees in advance of the provision of the Services. Monthly Service Fees are due upon receipt of the invoice. (b) One -Time Charges. Customer agrees to pay the One -Time Charges as described on the applicable Service Order(s) and /or as otherwise set forth in this Agreement. (c) Taxes. Fees, and Government Charges. Customer agrees to pay any sales, use, property, excise or other taxes, franchise fees, and governmental charges (excluding income taxes), arising under this Agreement, including, without limitation, applicable state property taxes. A copy of the Customer's tax exemption document, if applicable, must be provided to Charter to certify tax - exempt status. Tax - exempt status shall not relieve Customer of its obligation to pay any applicable franchise fees. (d) Charges for Change Requests. Any charges associated with Service and Equipment installations, additions, modifications, substitutions, upgrades, reconfigurations, rebuilds or relocations at a site and requested by Customer subsequent to executing a Service Order for that site, are the sole financial responsibility of Customer. Charter shall notify Customer, orally or in writing, of any additional One - Time Charges and/or adjustments to Monthly Service Fees associated with or applicable to such Customer change requests prior to making any such additions or modifications. Customer's failure to object to such additional charges within three (3) days of receiving such notice shall be deemed an acceptance by U1 mo ica ion o e ervices, quspmen or r facilities supplied by Charter necessitates a visit to the Customer site for inspection, correction or repair, Charter shall charge Customer a site visit fee as well as charges for any Equipment or Network repair or replacement necessary to restore Service. (f) Invoicing Errors. Customer must provide notice to Charter of any invoice errors or disputed charges within thirty (30) days of the invoice date on which the errors and/or disputed charges appear in order for Customer to receive any credit that may be due. (g) Late Fees. If Customer fails to pay an invoice within thirty (30) days of issuance, Charter will issue a notice of late payment. Customer will be charged a late fee of not more than one and one half percent (1.5°1x) per month on any outstanding past -due balance. (h) Non - Pavment. If Services are disconnected because Customer does not pay the invoice, Charter may, in its sole discretion, require that Customer pay all past due charges, a reconnect fee, and a minimum of one month's Monthly Service Fees in advance before Charter will reconnect Services. (i) Returned Checks. Bankcard or Credit Card Charae- Backs and Collection Fees. Charter may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card charge - backs. (j) Collection Fees. Customer shall be responsible for all expenses, including reasonable attorney's fees and collection costs, incurred by Charter in collecting any unpaid amounts due under this Agreement. (k) Bundled Pricing. In the event Customer has selected a Charter Business Bundle (as must be specifically indicated by component Service in this Service Order), the following conditions shall apply: In consideration for Customer's purchase of the Charter Business Bundle and only with respect to that period of time during which Customer continues to purchase such Charter Business Bundle (for purposes of clarification, continues purchase of each bundled Service component of such Charter Business Bundle), Charter agrees to apply a discount to the Services ordered under this Service Order. Such discount has been applied to the Services included in Charter's bundled pricing offer and is reflected in the Monthly Services Fees for such Services contained in this Service Order. For purposes of clarification, in the event Charter's provision to Customer of one or more of the bundled C'BCR v2 :006000000097th3 Service components of the Charter Business Bundle, is discontinued or otherwise terminated for any reason, the pricing for the remaining Service components listed above shall revert to Charter's a la carte pricing for such Services in effect at the time of the discontinuation or termination. Termination liabilities applicable to the Services under the Service Agreement shall otherwise remain unchanged. 3. SERVICE LOCATION ACCESS and INSTALLATION. (a) Access Customer shall provide Charter with reasonable access to each Service Location listed on a Service Order as necessary for Charter to review, install, inspect, maintain or repair any Equipment or Materials necessary to provide the Services. If Customer owns and/or controls the Service Location(s), Customer grants to Charter permission to enter the sites) for the exercise of such right. If a site is not owned and /or controlled by Customer then Customer will obtain, with Charter's assistance, appropriate right of access. if Customer is not able to gain right of access for a site from owner and/or controlling party, Charter's obligations under this Agreement and the appropriate Service Order for such site are terminated, null and void. (b) Installation Review: Subseauent Interference. Charter may perform an installation review of each Service Location prior to installation of the Services at that Service Location. Customer may be required to provide Charter with accurate site and /or physical network diagrams or maps of a Service Location prior to the installation review. Charter may directly or through its agents inspect the Customer Premises before beginning installation, and shall satisfy itself that safe installation and proper operation of its Equipment and the Services are possible in the location(s) provided by Customer. If Charter, in its sole discretion, determines that safe installation and /or activation of one or more of the Services will have negative consequences to Charter's personnel or Network and /or cause technical difficulties to Charter or its customers, Charter may terminate the Service Order effective upon prior written notice to Customer or may require the Customer to correct the situation before proceeding with installation or activation of the Services. In the event during the initial or any renewal Service Period, (i) proper operation of Charters Equipment and /or unhindered provision of the Services is no longer possible as a result of interference or obstruction caused by the acts or omissions of Customer, a third party or any Force Majeure Event, or (ii) such interference /obstruction or the cause thereof will have negative consequences to Charter's personnel or Network and/or cause technical difficulties to Charter or its customers, as Charter may determine in its sole discretion, Charter may terminate the affected Service Order(s) without liability upon written notice to Customer. (c) Site Preparation. Customer shall be responsible, at its own expense, for all site preparation activities necessary for delivery and installation of the Equipment and the installation and ongoing provision of Services, including, but not limited to, the relocation of Customer's equipment, furniture and furnishings as necessary to access the Equipment and/or Services. To ensure proper installation of the Equipment and the Services, Customer may be required to provide electrical or other utility service, and/or accurate physical network diagrams and /or maps prior to installation. (d) Installation. Charter will schedule one or more installation visits with Customer. Customer's authorized representative must be present during installation. During installation, Charter shall test to confirm that the Services can be accessed from the Service Location. In the event that during the course of installation Charter determines additional work is necessary to enable Charter to deliver the Services to the Service Location, Charter will notify Customer of any new or additional One -Time Charges that may be necessary. In the event the Customer does not agree to pay such One -Time Charges by executing a revised Service Order reflecting such new charges (and superseding the underlying applicable Service Order) within five (5) business days of receiving the revised Service Order. Customer and/or Charter shall have the right to terminate the applicable Service Order. Customer shall be responsible for access paths, moving or relocating furniture, furnishings, or equipment, or other preparation activities necessary for Charter to install the Services. Customer shall connect any Equipment provided by Charter to Customers computer or network to enable access to the Services. With respect to any excavation, Charter shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from such excavation. (e) Ongoing Visits. Charter will need access to the Customer Premises from time to time for inspecting, constructing, installing, operating and maintaining Charter's Network facilities, Equipment or materials and /or any related facilities. Except in emergency situations, Charter will obtain approval from the Customer (not to be unreasonably withheld or delayed) before entering the Customer Premises. At Charter's request, Customer, or a representative designated by Customer, will accompany Charter's employees or agents into any unoccupied unit for the purpose of installing, repairing, maintaining, upgrading, and /or removing the Equipment. 4. EQUIPMENT AND MATERIALS. (a) Responsibilities and Safeguards. Except as otherwise provided in this Service Agreement or any Service Order(s), neither party shall be responsible for the maintenance or repair of cable, electronics, structures, Equipment or materials owned by the other party, provided, however, that subject to the Indemnification limitations set forth in section 11 C'BCR v2 :006000000097th3 hereunder, each party shall be responsible to the other for any physical damage or harm such party causes to the other party's personal or real property through the damage- causing party's negligence or willful misconduct. Without limiting the foregoing, Customer will not be liable for loss of or damage to cable, electronics, structures or Equipment owned by Charter and located on Customer Premises which occurred as a result of the occurrence of any Force Majeure Event, natural disaster or other casualty loss over which Customer has no control. Customer shall: i Safeguard Charter - provided Equipment against others; ii Not add other equipment nor move, modify, disturb, alter, remove, nor otherwise tamper with any portion of the Equipment; iii Not hire nor permit anyone other than personnel authorized by Charter acting in their official capacity to perform any work on the Equipment; and iv Not move nor relocate Equipment to another location or use it at an address other than the Service location without the prior written consent of Charter. Any unauthorized connection or other tampering with the Services, Equipment, any system or its components shall be cause for immediate disconnection of Services, termination of this Agreement and/or legal action, and Charter shall be entitled to recover damages, including, but not limited to, the value of any Services and/or Equipment obtained in violation of this Agreement in addition to reasonable collection costs including, but not limited to, reasonable attorneys' fees. Should any antenna, or signal amplification system for use in connection with communication equipment hereafter be installed on the Premises which interferes with the Services provided by Charter hereunder, Customer acknowledges and agrees that Charter shall not be obligated to distribute a quality signal to the Premises better than the highest quality which can be furnished as a result of such interference, until such time as the interference is eliminated or corrected by Customer or a third party. (b) Customer Security Responsibilities. Customer shall be responsible for the implementation of reasonable security procedures and standards with respect to use of and access to the Service and/or Equipment. Charter may temporarily discontinue or disconnect the Services upon learning of a breach of security and will attempt to contact Customer in advance, if possible. The temporary discontinuation or disconnection of the Services shall not constitute a breach of this Agreement. (c) Ownership. Customer understands and agrees that notwithstanding any other provision contained herein to the contrary, all Equipment and materials installed or provided by Charter are and shall always remain the property of Charter, shall not become a fixture to the Premises, and must be returned to Charter at any time Services are disconnected in the condition in which they were received subject to ordinary wear and tear. Customer will not sell, lease, assign nor encumber any Equipment. Customer shall not obtain or acquire title to, interest or right (including intellectual property rights) in the Service or Equipment other than to the limited extent of use rights expressly granted under this Agreement. (d) Equipment Return, Retrieval. Repair and Replacement. Immediately upon termination of Services ( "Termination" shall mean the termination of the Service Agreement and/or Service Order(s)), at the discretion of Charter, Customer shall return, or allow Charter to retrieve, the Equipment supplied by Charter to Customer, in good condition. Failure of Customer to return, or allow Charter to retrieve, Equipment within ten (10) days after Services are terminated will result in a charge to Customer's account equal to the full retail cost of replacement of the unreturned Equipment. In addition, Customer agrees to pay for the repair or replacement of any damaged Equipment (whether or not caused by Customers negligent act, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material /workmanship defects), together with any costs incurred by Charter in obtaining or attempting to regain possession of such Equipment, including, but not limited to, reasonable attorneys' fees. VIDEO, MUSIC AND CONTENT SERVICE. This Video, Music and Content Service section shall only apply if Video, Music and Content Services are included in a Service Order under this Agreement. Continued reception of the Video Services is subject to these Terms and Conditions. Charter may, in its sole discretion, preempt, rearrange, delete, add, discontinue, modify or otherwise change any or all of the advertised programming, packaging, and distribution of its Video Services or of any of Charter's Video Services packages. (a) Payment Terms. Increases in any and all programming, license, copyright, retransmission and/or other costs, charges, fees or amounts including, without limitation, taxes and any and all other governmental fees, charges and /or other amounts, shall not be deemed to be included in the Monthly Service Fees or limited by any provision in this Agreement, and may be passed on to Customer at any time when such costs are incurred by, assessed or required of Charter. The initial Monthly Service Fees shall remain in effect for the first 12- months of this Agreement. Thereafter, Charter may increase the Monthly Service Fees from time to time upon thirty (30) days' prior written notice C'BCR v2 :006000000097th3 to Customer. Customer hereby agrees to any such increases that do not exceed ten percent (10 %) of the Customer's total Monthly Service Fees incurred in the month immediately preceding the month in which the increase is to be effective. Increases shall not occur more frequently than once per 12 -month period. In the event such increased Monthly Service Fee would exceed the amount permitted under applicable law, the Monthly Service Fees shall be increased only to the maximum allowable under applicable law. Notwithstanding the foregoing, increases in any and all programming, license, copyright, retransmission and/or other costs, charges, fees or amounts including, without limitation, taxes and any and all other governmental fees, charges and/or other amounts, shall not be limited by any provision in this Agreement, and may be passed onto Customer at any time when such costs are passed on to Charter. (b) Music Riahts Fees. In all cases, Customer is responsible for and must secure any music rights and /or pay applicable fees required by the American Society of Composers, Authors & Publishers ( "ASCAP "), Broadcast Music, Inc. ( "BMI ") and SESAC, Inc. ( "SESAC ") or their respective successors, and any other entity, person or governmental authority from which a license is necessary or appropriate in connection with Customer's transmission, retransmission, communication, distribution, performance or other use of the Services. (c) Premium and Pav- Per -View. Customer may not exhibit any premium Services such as HBO or Showtime in any public or common viewing area. Customer may not order or request Pay - Per -View (PPV) programming for receipt, exhibition or taping in a commercial establishment. Customer may not exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Charter's prior written consent. If Customer fails to abide by these restrictions, in addition to all other liability and not by way of limitation, Customer accepts liability for any and all claims made against Customer or Charter of any unauthorized commercial exhibition and Customer agrees to indemnify and hold Charter harmless from any loss, cost, liability, or expense, including reasonable attorney's fees, arising from a breach of this provision. (d) HD Formatted Programmina. If Customer has selected High Definition ( °'HD ") formatted programming, Customer understands it is responsible for provision, installation and maintenance of the receiving equipment and /or facilities necessary for reception and display of such HD signal. Any failure of the Customer to fulfill the foregoing obligation shall not relieve Customer of its obligation to pay the applicable Monthly Service Fees or One -Time Charges for the HD Formatted Programming. (e) Provision of Service. Charter may, in its sole discretion, from time to time, rearrange, delete, add or otherwise change packaging and programming of Services contained in Charter's basic cable, Digital Music or other Services provided pursuant to this Agreement. Customer acknowledges that Charter has the right at any time to preempt without notice specific advertised programming and to substitute programming that Charter deems to be comparable. (f) Restrictions. Customer shall not and shall not authorize or permit any other person to (i) copy, record, dub, duplicate, alter, make or manufacture any recordings or other reproductions of the Services (or any part thereof); (ii) transmit the Services (or any part thereof) by any television or radio broadcast or by any other means or use the Services (or any part thereof) outside the Service Location. Customer acknowledges that such duplication, reproduction or transmission may subject Customer to criminal penalties and /or civil liability and damages under applicable copyright and /or trademark laws. . With respect to the music programming comprising a portion of the Services, Customer shall not, and shall not authorize or permit any other person to do any of the following unless Customer has obtained a then - current music license permitting such activity: (i) charge a cover charge or admission fee to any Service Location(s) at the time the Services (or any part thereof) are being performed or are to be performed; or (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the Services (or any part thereof ). Customer shall not, and shall not authorize or permit any other person to insert any commercial announcements into the Services or interrupt any performance of the Services for the making of any commercial announcements. If Customer fails to abide by these restrictions, Customer accepts liability for any and all claims made against Customer or Charter due to any unauthorized commercial exhibition and Customer agrees to defend, indemnify and hold Charter harmless from any damages, loss, cost, liability, or expense, including reasonable attorneys' fees, arising from a breach of these restrictions. 6. INTERNET ACCESS SERVICE. This Internet Access Service section shall only apply if Internet Access Services are included in a Service Order under this Agreement. Continued use of the Internet Service is subject to these Terms and Conditions. (a) Eauioment and Software Requirements. Customer shall maintain certain minimum Equipment and software to receive the Service. Please refer to www.charter- business.com (or the applicable successor URL) for the current specifications. (b) Internet Service Speeds. Charter shall use commercially reasonable efforts to achieve the Internet speed selected by the Customer on the C'BCR v2 :006000000097th3 Service Order. However, Customer understands and agrees that such speeds may vary. (c) Access and Use. Customer agrees to ensure that any person who has access to the Internet Services through Customer's computer(s), wireless access points, Service Location, facilities or account shall comply with the terms of this Agreement. Customer shall be responsible for setting up password /access security measures. Customer shall be responsible for all charges incurred and all conduct, whether authorized or unauthorized, caused by use of Customer's computers, service locations, facilities or account using the Internet Services. Customer acknowledges and understands that various factors, for which Charter is not responsible, may contribute to interference with the Internet Service signal transmitted /accessible by a wireless router. (d) Electronic Addresses. All e-mail addresses, e-mail account names, and IP addresses ( "Electronic Addresses ") provided by Charter are and shall remain the property of Charter. Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses. (e) No Liability for Chances of Address. Due to growth, acquisitions and changes in technology, Charter reserves the right to change addressing schemes, including e-mail and IP addresses. (f) No Liabilitv for Risks of Internet Use. The Internet is a shared network and Charter does not warrant that Service will be error free. The Service, Charter's network and the Internet are not secure, and others may access or monitor the Customer's traffic. Charter does not warrant that data or files sent or received by the Customer over the Network will not be subject to unauthorized access by others, that other users will not gain access to the Customer's data, nor that the data or files will be free from computer viruses or other harmful components. Charter has no responsibility and assumes no liability for such acts or occurrences. (g) No Liabilitv for Purchases. Through use of the Service, the Customer may access certain information, products and services of others, for which there is a charge. The Customer shall be solely liable and responsible for all fees or charges for these online services, products or information. Charter shall have no responsibility to resolve disputes with other vendors. (h) Blocking and Filterina. While the computer industry may provide blocking and filtering software that empowers Customer to monitor and restrict access to Customer's computer and its data, Charter is not the publisher of this software. Charter strongly recommends that the Customer employ a "frewall" or other security software. The Customer assumes all responsibility for providing and configuring any "firewall" or security measures for use with the Service. Except to the extent set forth in the Supplemental Charter Business Security Service Section, Charter shall not be responsible in any manner for the effectiveness of these blocking and filtering technologies. Charter does not warrant that other users will be unable to gain access to Customer's computers) and/or data even if the Customer utilizes blocking and filtering technologies. (i) Acceotable Use Policv. Customer agrees to comply with the terms of Charter's Acceptable Use Policy ( "AUP "), found at wwwv.charter- business.com (or the applicable successor URL) and that policy is incorporated by reference into this Agreement. Customer represents and warrants that Customer has read the AUP and agrees to be bound by its terms as they may from time to time be amended, revised, replaced, supplemented or otherwise changed. Customer expressly understands and agrees that the AUP may be updated or modified from time to time by Charter, with or without notice to Customer. Charter may discontinue or disconnect Services immediately for any violation of the Charter AUP with or without notice to Customer. (j} Supplemental Services. The following subsections shall only apply in the event such referenced supplemental services have been selected by and /are being delivered to Customer. The supplemental Services may be made up of software and hardware components. Charter shall ensure the supplemental services are operational and updated from time to time based on manufacturer -sent updates. Except to the limited extent described in the foregoing sentence, Charter makes no warranties of any kind (express or implied) regarding the supplemental services and hereby disclaims any and all warranties pertaining thereto (including but not limited to implied warranties of title, non- infringement, merchantability, or fitness for a particular purpose). Customer understands and acknowledges that Charter does not have title to and is not the manufacturer of any software or hardware components of the supplemental services nor is Charter the supplier of any components of such software or hardware. Customer shall return or destroy all software components provided to Customer upon the termination of the applicable Service Order, and in the case of the destruction thereof, shall, upon request, provide Charter with certification that such components have been destroyed. IN ADDITION TO BUT WITHOUT ABROGATING THE TERMS SET FORTH UNDER THESE TERMS OF SERVICE REGARDING LIMITATIONS OF LIABILITY, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF ANY SUPPLEMENTAL SERVICES (INCLUDING BUT NOT LIMITED TO THAT ATTRIBUTABLE TO BLOCKED CONTENT OR EMAIL OR CANCELLATION OF A DOMAIN NAME BY THIRD PARTY). REGARDLESS OF CAUSE OR FAULT, MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO PURCHASE OR USE OF THE SUPPLEMENTAL SERVICE(S), SHALL IN NO C'BCR v2 :006000000097th3 EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR THE APPLICABLE SUPPLEMENTAL SERVICE. No rights for trademarks use is granted for any Supplemental Services and associated third parties. Charter shall not be liable for any claims arising from the disclosure of personally identifiable information provided by Customer to a Third Party Provider. (i) Supplemental CB Hosting Service. This Hosting Service subsection shall only apply if one of Charter's Hosting Services ("Hosting") is included as part of the Service in a Service Order under this Agreement. Charter will provide to Customer Hosting Service in accordance with the Specifications associated with the plan Customer has selected on the Service Order. I. Third Party Software via Hosting Service. The Hosting Service will permit access to a variety of resources available from selected third parties, including developer tools, communication forums and product information (collectively, "Hosting Software "). The Hosting Software, including any updates, enhancements, new features, and/or the addition of any new Web properties, may be subject to, and Customer hereby agrees to comply with applicable product use rights /end user license agreements between such third parties and Customer. Without abrogating or limiting anything set forth in section 6(j), Charter (not the manufacturer) shall provide technical support for the CB Hosting Service, but version changes of any such software compatibility and /or suitability with any other Customer provided software shall be Customer's responsibility. Furthermore, Customer hereby consents to the disclosure to the provider of Third Party Software, Customer's name and any other necessary information for the limited purpose of licensing rights. Customer shall not use the CB Hosting Service for or in connection with any high risk use or activity such as aircraft or other modes of human mass transportation, nuclear, or chemical facilities. or Class III medical devices under the Federal Food, Drug, and Cosmetic Act. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE HOSTING SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED IN WRITING BY CHARTER. WITHOUT LIMITING OR ABROGATING THE TERMS SET FORTH IN SECTION 7, CHARTER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE HOSTING SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON - INFRINGEMENT. Domain Names. Customer shall be solely responsible for registering for or renewing a desired domain name, which may be done via the CB Hosting Service if such domain name registration option has been included or from a third party outside of this Agreement. Customer may identify the domain name registrar by accessing the "Whois Look Up' service at url:whis.domaintools.com, subsequent url or similar service of their choice. Charter disclaims such responsibility, and Customer acknowledges that Charter does not guarantee that Customer will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available at the time of such inquiry. Specification Limitations. Individual websites may not at any time exceed the Hosting Specifications identified on the applicable Service Order. If a Customer's Hosting account is found exceed the Specifications set forth in the applicable Service Order, or is adversely impacting Charter's network or server(s), Charter may (i) contact the Customer to resolve the issues: or if Customer has exceeded the then - applicable Specifications in any given month, (ii) upgrade the Customer's account on the next available billing cycle to the next service level tier or (iii) suspend of terminate the Hosting Service. Notvithstanding anything to the contrary, in the event Customer's use of the Hosting Service is causing an adverse impact on Charter's network or servers, Charter may (i) suspend or terminate the Hosting Service or (ii) terminate the Agreement in its entirety. 6. Limitation of Charter - Provided Services. Customer understands and agrees that certain services are not provided by Charter as part of the Hosting Service (e.g., Charter does not provide nor offer web page creation, development, design or content services). 7. No Additional Warranties. Charter makes no warranties of any kind (express or implied) regarding Hosting and hereby disclaims any and all warranties pertaining thereto (including but not limited to implied warranties of title, non - infringement, merchantability, or fitness for a particular purpose). IN ADDITION TO, BUT WITHOUT ABROGATING AND LIMITING THE TERMS SET FORTH IN THE LIMITATION OF LIABILITY SECTION OF THIS AGREEMENT, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF CHARTER HOSTING REGARDLESS OF CAUSE OR FAULT. CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO CUSTOMER'S PURCHASE OR USE OF THE HOSTING SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR HOSTING SERVICE. 8. Hosting Fees. The applicable Service Order sets forth the Monthly Service Fees for the Hosting Service. Customer is responsible for payment whether or not the hosting platform is used. Customer shall not be C'BCR v2 :006000000097th3 relieved of its responsibility to continue to pay for Hosting in the event Hosting does not function properly as a result of (i) Customer's failure to install or properly use any software; or (ii) Customer's failure to utilize in any way or less than the maximum Specifications the Hosting Service. Content Liability and Use Restrictions. Customer acknowledges Charter exercises no control whatsoever over the content of the information passing through Customer's sites) and that it is Customer's sole responsibility to ensure that Customer and Customer's users use of the Hosting Service complies at all times with all applicable laws and regulations and Charter's AUP. Upon activation of Customer's account, Charter shall have the right to disclose any, or all available information collected from Customer to law enforcement authorities upon written request by such authorities. Information that may be disclosed includes, but is not limited to IP addresses, account history, and files stored on Charter servers. In addition to the foregoing, Customer expressly understands and agrees that the following activities are prohibited. In the event that Customer engages in such activities, Charter shall have the right to suspend or terminate the Hosting Services and/or this Agreement: (a) The hosting of unlicensed software that is available to the public; (b) Use of software or files that contain computer viruses or files that may harm user's computers; (c) Any attempt or actual unauthorized access by Customer or through Customer's equipment to any Charter website or the website of any Charter customer; (d) The collection or any attempt to collect personally identifiable information of any person or entity without their express written consent. Customer shall maintain records of any such written consent throughout the Term (and any Renewal Term) of this agreement and for three years thereafter; (e) Any action which is harmful or potentially harmful to the Charter server structure; (f) Running a banner exchange, free adult tgp (thumbnail gallery post) and/or free adult image galleries on your website; (g) inclusion of sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites or providers. (h) Impositions on Customer's End Users. Customer is responsible for charging and collecting from Customers end -user customers any and all applicable taxes. If Customer fails to impose and/or collect any tax from its end users or customers as required herein, then, as between Charter and Customer, Customer shall remain liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax by the applicable taxing authority. With respect to any tax that Customer has agreed to pay or impose on and/or collect from Customer's end users or customers, Customer agrees to indemnify and hold harmless Charter for any costs incurred as a result of actions taken by the applicable taxing authority to collect such tax from Charter due to Customer's failure to pay or collect and remit such tax to such authority. (ii) CB Security Service — desktop and Managed. This Charter Business Security Service subsection shall only apply if Charter's managed or desktop security service ( "CB Desktop Security" and /or "CB Managed Security ") is /are included in this Service Agreement or any related Service Order. CB Managed Security and CB Desktop Security are each made up of software and hardware components. Charter shall ensure that the selected CB Security Service(s) is/are operational and updated from time to time based on manufacturer -sent updates. Except to the limited extent described in the foregoing sentence, Charter makes no warranties of any kind (express or implied) regarding either CB Security Service and hereby disclaims any and all warranties pertaining thereto (including but not limited to implied warranties of title, non - infringement, merchantability, or fitness for a particular purpose). Customer understands and acknowledges that Charter is not the manufacturer of any software or hardware components of either Charter Business Security Service nor is Charter the supplier of any components of such software or hardware. IN ADDITION TO BUT WITHOUT ABROGATING THE TERMS SET FORTH IN SECTION 11, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF A CHARTER BUSINESS SECURITY SERVICE (INCLUDING BUT NOT LIMITED TO THAT ATTRIBUTABLE TO BLOCKED CONTENT OR EMAIL). REGARDLESS OF CAUSE OR FAULT, CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO CUSTOMER'S PURCHASE OR USE OF A CHARTER BUSINESS SECURITY SERVICE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR THE APPLICABLE CHARTER BUSINESS SECURITY SERVICE. (iii) CB Back -Up Service. This CB Back -Up service subsection shall apply only if Charter's data storage service ( "CB Back -Up ") is requested by the Customer. Customer shall be assessed applicable One -Time Charges and Monthly Service Fees which shall be based upon Customers selection of version retention quantity and storage tier (e.g., 5 gigabits). The version retention quantity selected specifies the maximum number of separate versions of a document that will C'BCR v2 :006000000097th3 be retained (running in sequential order based on the last version created). For example, if Customer has selected 7 as the version retention quantity, a Customer will be able to access the last 7 versions of a particular document. In addition to One Time Charges and Monthly Service Fees, monthly storage overage fees shall apply each month Customer exceeds the respective subscribed storage level. Additional One Time Charges and Monthly Service Fees also apply to Customer- requested media and/or professional services. CB Back -Up is made up of software components. Customer understands and acknowledges that Charter is not the manufacturer or supplier of any CB Back -Up software components. Customer shall be responsible for updating CB Back -Up from time to time based on updates provided by the software manufacturer, and any failure of Customer to perform such updates shall relieve Charter from any responsibility to ensure that CB Back -Up remains operational. Except to the limited extent described in the foregoing sentences, Charter makes no warranties of any kind (express or implied) regarding CB Back -Up and disclaims any and all warranties pertaining to CB Back -Up (including but not limited to implied warranties of title, non - infringement, merchantability, or fitness for a particular purpose). IN ADDITION TO, BUT WITHOUT ABROGATING OR LIMITING THE TERMS SET FORTH IN THE LIMITATION OF LIABILITY SECTION OF THIS AGREEMENT, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF CB BACK -UP REGARDLESS OF CAUSE OR FAULT. CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO CUSTOMER'S PURCHASE OR USE OF CB BACK -UP SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR CB BACK -UP SERVICE. In the event the functionality of the CB Back -Up service cannot be maintained by Charter or the manufacturer, Charter shall have the right to discontinue providing the service immediately and Charter shall credit Customer's account for any pre- paid Monthly Service Fees attributable to the service, except where such lack of functionality is caused by the Customer or any end user gaining access to the service through the Customer's facilities, equipment, or point of access. Customer shall not be relieved of its responsibility to continue to pay for CB Back -Up in the event CB Back -Up does not function properly as a result of Customer's failure to install and configure the software, activate the service or install manufacturer - provided updates. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES (1) THAT IT IS CUSTOMER'S SOLE RESPONSIBILITY TO CREATE AND RETAIN THE CB BACK -UP PASSWORD THAT IS NECESSARY FOR ACCESS TO ANY DATA STORED VIA THE CB BACK -UP SERVICE AND (2) THAT CHARTER HAS NO ACCESS TO AND DOES NOT KNOW NOR KEEP ANY RECORD OF THE PASSWORD CREATED BY CUSTOMER. FAILURE BY CUSTOMER TO RETAIN CUSTOMER'S CB BACK -UP PASSWORD SHALL RESULT IN COMPLETE LOSS OF ACCESSABILITY TO DATA STORED VIA THE CB BACK -UP SERVICE. 7. DATA NETWORKING This Data Networking Service section shall only apply if Data Networking Services (e.g. Ethernet, Optical Ethernet, Optical Transport) are included in any Service Order under this Agreement. Continued reception of the Data Networking Service is subject to these Terms and Conditions. (a) Charter will provide Data Networking Services for Customer locations connected over coaxial and /or fiber -optic cable. Connectivity is established between two or more customer end- points under a unique customer topology. Charter will install the coaxial or fiber -optic cable into each Customer site as listed in the Service Order(s). The parties hereby acknowledge that Charter will also supply an edge device at each site that will be capable of receiving the service as specified in the Service Order(s). (b) Charter will terminate fiber -optic cable on a patch panel or provide a coaxial outlet at an agreed upon Minimum Point of Penetration (MPOP) up to 50 (fifty) feet within each facility (unless otherwise specified in the Service Order). If the hand -off point of the Service at the Customer's Premises exceeds this distance, the Customer may be responsible for any additional costs that may be incurred for internal wiring. (c) The basic Data Networking Service that the Customer will receive includes connectivity at each of the Service Locations as identified in the Service Order(s). (d) The Customer will make available to Charter a building ground connection at each location that meets current electrical codes for the placement of a fiber -optic patch panel and/or coaxial outlet. It is recommended that the Customer provide a separate 20 Amp 110V AC circuit for the edge electronics, which is powered by a UPS system. Customer - supplied routing will be necessary for communication between each Service Location. (e) If Customer has selected "Monitoring" for a Service then Charter shall monitor the Services twenty -four (24) hours a day seven (7) days a week. Customer shall contact the Charter Business Network Operations Center ( °CBNOC ") at 1 -866 -603 -3199 or subsequent number to report service problems. Additional fees may apply. 8. NO THIRD -PARTY HARDWARE OR SOFTWARE SUPPORT. Customer is responsible for the installation, repair and use of Customer - supplied third -party hardware and/or software. For purposes of this Agreement the Hosting Software shall be considered third party software. C'BCR v2 :006000000097th3 Charter does not support third -party hardware or software individually to be considered a separate event of supplied by Customer. Any questions concerning third- default) and the Customer fails to correct each such party hardware or software should be directed to the noncompliance within twenty (20) days of receipt of provider of that product. Charter assumes no liability or written notice in cases involving non - payment or responsibility for the installation, maintenance, within thirty (30) days of receipt of written notice in compatibility or performance of third party software, any cases involving any other noncompliance: Customer- supplied hardware or software with the i Customer is more than thirty (30) days past due Services. If such third -party equipment or software with respect to any payment required hereunder; impairs the Services, Customer shall remain liable for payments as agreed (if any) without recourse for credit or ii Customer otherwise has failed to comply with the prorated refund for the period of impairment. Charter has terms of this Service Agreement or any other no responsibility to resolve the difficulties caused by such Service Order(s) incorporated herein by third -party equipment or software. If, at Customer's execution thereof by the parties. request, Charter should attempt to resolve difficulties caused by such third -party equipment or software, such (b) Charter's Rioht to Terminate and Termination Charae. efforts shall be performed at Charter's discretion and at In the event Customer is in default, Charter shall have then - current commercial rates and terms. the right, at its option, and in addition to any other rights of Charter expressly set forth in this Agreement 9. CUSTOMER USE. Customer agrees not to re -sell or re- and any other remedies it may have under applicable distribute access to the Services) or system capacity, or law to: any part thereof, in any manner without the express prior written consent of Charter. Customer agrees not to use or i Immediately suspend Services to the Customer permit third parties to use the Service(s), including but not until such time as the underlying noncompliance limited to the Equipment and software provided by has been corrected without affecting Customer's Charter, for any illegal purpose, or to achieve on -going obligation to pay Charter any amounts unauthorized access to any computer systems, software, due under this Agreement (e.g., the Monthly data, or other copyright or patent protected material. Service Fees), as if such suspension of Services Customer agrees not to interfere with other customers' had not taken place; use of the Equipment or Services or disrupt the Charter ii Terminate the Services; or Network, backbone, nodes or other Services. Violation of any part of this section is grounds for immediate iii After the occurrence of two (2) such events of Termination of this Service Agreement and/or all Service Customer default in any twelve (12) month period Orders in addition to any other rights or remedies Charter of time, terminate this Service Agreement and/or may have hereunder. any or all of the applicable Service Order(s). 10. PERFORMANCE. Charter will use commercially if Termination is due to noncompliance by the reasonable efforts in keeping with normal industry Customer, Customer must pay Charter a Termination standards to ensure that the Service is available to charge (a "Termination Charge "), which the parties Customer twenty -four (24) hours per day, seven (7) days recognize as liquidated damages. This Termination per week. It is possible, however, that there will be Charge shall be equal to fifty percent (50 %) of the interruptions of Service. Specifically, Customer unpaid balance of the Monthly Service Fees that understands and agrees that the Service may be would have been due throughout the remainder of the unavailable from time to time either for scheduled or applicable Service Period plus one hundred percent unscheduled maintenance. technical difficulties, or for (100 %) of (1) the outstanding balance of any and all other reasons beyond Charter's reasonable control. One -Time Charges plus (2) any and all previously Temporary service interruptions /outages for such reasons, waived One -Time Charges. as well as service interruptions /outages caused by the (c) Default by Charter. Charter shall be in default under Customer, its agents and employees, or by a Force this Service Agreement in the event that Charter fails Majeure Event, shall not constitute a failure by Charter to to comply with the terms of this Service Agreement perform its obligations under this Service Agreement, and and /or any or all of the applicable Service Orders), Customer will not hold Charter at fault for loss of Customer and Charter fails to remedy each such noncompliance revenue or lost employee productivity due to Service or occurrence within thirty (30) days of receipt of outages. written notice from Customer describing in reasonable 11. DEFAULT; SUSPENSION OF SERVICE; detail the nature, scope and extent of the default or TERMINATION. No express or implied waiver by Charter noncompliance: of any event of default shall in any way be a waiver of any (d) Customer's Riaht to Terminate and Termination further subsequent event of default. Nothing herein, Charge including, but not limited to Termination, shall relieve Customer of its obligation to pay Charter all amounts due. i Customer shall have the right, at its option and in addition to any other remedies it may have, to (a) Default by Customer. Customer shall be in default terminate any applicable Service Order(s), if the under this Service Agreement in the event that the underlying event of default and/or noncompliance Customer does one (1) or more of the following (each C'BCR v2 :006000000097th3 by Charter is limited to Services provided under the applicable Service Order(s) or this Service Agreement, if such noncompliance is not so limited, provided that Charter's diligent efforts to correct such breach are not commenced and pursued within thirty (30) days after Charter's receipt of a written notice from the Customer describing in reasonable detail the nature, scope and extent of the event of default/noncompliance. If Termination is due to noncompliance by Charter, Charter shall reimburse Customer for any pre -paid, unused Monthly Service Fees attributable to such terminated Service Order(s). In addition, if Termination is due to noncompliance by Charter within one (1) year of the applicable Turn -Up Date, Charter shall pay a Termination Charge, which the parties recognize as liquidated damages, equal to a portion of any One -Time Charge that has already been paid by the Customer to Charter relative to Service at the sites covered by the terminated Service Order. This Termination Charge Charter must pay Customer shall be equal to the product of a) the number of months (or portion thereof) remaining in the initial twelve (12) months of the initial Service Period at the time of Termination and b) a ratio in which the numerator is the total of One - Time Charges paid to date and the denominator is twelve (12). 12. LIMITATION OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY, IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. (a) Limited Warrantv. At all times during the Service Period, Charter warrants that it will use commercially reasonable efforts in keeping with industry standards to cause the Services to be available to the Customer. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS OTHERWISE STATED IN THIS SERVICE AGREEMENT, CHARTER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON - INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING ANY EXPRESS PROVISIONS PROVIDED FOR ELSEWHERE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND /OR FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Any warranty claim by Customer must be made within thirty (30) days after the applicable Services have been performed. Charter's sole obligation and Customer's sole remedy, with respect to any breach of the limited warranty set forth herein, shall be a prorated refund of the fees paid by Customer based on the period of time when the Services are out of compliance with this limited warranty provision. (b) Content Customer acknowledges that any content that Customer may access or transmit through any Service is provided by independent content providers, over which Charter does not exercise and disclaims any control. Charter neither previews content nor exercises editorial control; does not endorse any opinions or information accessed through any Service: and assumes no responsibility for content. Charter specifically disclaims any responsibility for the accuracy or quality of the information obtained using the Service. Such content or programs may include, without limitation, programs or content of an infringing, abusive, profane or sexually offensive nature. Customer and their authorized users accessing other parties' content through Customer's facilities do so at Customer's own risk, and Charter assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content. (c) Damage, Loss or Destruction of Software Files and/or Data Customer agrees that Customer uses the Services and Equipment supplied by Charter at its sole risk. Charter does not manufacture the Equipment, and the Services and Equipment are provided on an "as is basis" without warranties of any kind. Charter assumes no responsibility whatsoever for any damage to or loss or destruction of any of Customer's hardware, software, files, data or peripherals which may result from Customer's use of any Service. Charter does not warrant that data or files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time. (d) Unauthorized Access. If Customer chooses to run or offer access to applications from its equipment that permits others to gain access through the Network, Customer must take appropriate security measures. Failing to do so may cause immediate Termination of C'BCR v2 :006000000097th3 Customer's Service by Charter without liability for 15. COMPLIANCE WITH LAWS. Customer shall not use or Charter. Charter is not responsible for and assumes permit third parties to use the Services in any manner that no liability for any damages resulting from the use of violates applicable law or causes Charter to violate such applications, and Customer shall hold Charter applicable law. Both parties shall comply with all harmless from and indemnify Charter against any applicable laws and regulations when carrying out their claims, losses, or damages arising from such use. respective duties hereunder. Charter is not responsible and assumes no liability for losses, claims, damages, expenses, liability, or costs 16. PRIVACY. Charter treats private communications on or resulting from others accessing the Customer's through its Network or using any Service as confidential computers, its internal network and/or the Network and does not access, use or disclose the contents of through Customer's equipment, and Customer shall private communications, except in limited circumstances hold Charter harmless from and indemnify Charter and as permitted by law. Charter also maintains a Privacy against any such claims, losses, or damages to the Policy with respect to the Services in order to protect the full extent arising from such access. privacy of its customers. The Privacy Policy can be found on Charter's website at www.Charter- Business.com. (e) Force Maieure Event. Customer agrees that Charter Customer represents and warrants that Customer has shall not be liable for any inconvenience, loss, liability read the Privacy Policy and agrees to be bound by its or damage resulting from any failure or interruption of terms. Customer expressly understands and agrees that Services, directly or indirectly caused by the Privacy Policy may be updated or modified from time circumstances beyond Charter's control, including but to time by Charter, with or without notice to Customer. not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or 17. GENERAL CUSTOMER REPRESENTATIONS AND terrorism, criminal, illegal or unlawful acts, natural OBLIGATIONS. Customer represents to Charter that causes, mechanical or power failures, or any order, Customer has the authority to execute, deliver and carry law or ordinance in any way restricting the operation out the terms of this Service Agreement and associated of the Services. Service Orders. Customer also represents that any person who accesses any Services through Customer's 13. INDEMNIFICATION. In addition to its specific equipment or through the NeNvork facilities in Customer's indemnification responsibilities set forth elsewhere in this Premises will be an authorized user, will use the Service, Service Agreement and as permissible under applicable Network and/or Network facilities in an appropriate and law, Customer agrees, at its own expense, to indemnify, legal manner, and will be subject to the terms of this defend and hold harmless Charter and its directors, Service Agreement. Customer shall be responsible for employees, representatives, officers and agents, (the ensuring that all such users understand the Service "Indemnified Parties ") against any and all claims, liabilities, Agreement and comply with its terms. lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Charter Indemnified Parties, The Customer shall be responsible for all access to and including but not limited to, reasonable attorneys' fees and use of the Service by means of the Customer's equipment, court costs incurred by Charter Indemnified Parties under whether or not the Customer has knowledge of or this Service Agreement, to the full extent that such arise authorizes such access or use. The Customer shall be from Customer's misrepresentation with regard to or solely liable and responsible for all charges incurred and noncompliance with the terms of this Service Agreement all conduct through either authorized or unauthorized use and any or all Service Orders, Customer's failure to of the Service, until the Customer informs Charter of any comply with applicable law, and/or Customer's negligence breach of security. or willful misconduct. Charter Indemnified Parties shall Charter expressly prohibits using the Service for the have the right but not the obligation to participate in the posting or transferring of sexually explicit images, material defense of the claim at Customer's cost and Customer inappropriate for minors, or other offensive materials. By agrees to cooperate with Charter Indemnified Parties in signing, Customer expressly acknowledges that Customer such case. will not post or transfer or permit others to post or transfer 14. TITLE. Title to the Equipment shall remain with Charter such materials using the Service. during the applicable Service Period. Customer shall keep 18. NOTICES. Any notices to be given under this Service that portion of the Equipment located on Customer Agreement shall be validly given or served only if in writing Premises free and clear of all liens, encumbrances and and sent by nationally recognized overnight delivery security interests. Upon Termination of Service or service or certified mail, return receipt requested, to the expiration of a Service Orders Service Period for a following addresses: specific site, Charter shall have the right to remove all Equipment components and /or leave any of such If to Charter: components in place, assigning title and interest in such Charter Communications components to the Customer, it being understood that no ATTN: Charter Business further notice or action is required to accomplish the 15100 Trinity Blvd. Ste 500 assignment contemplated hereunder. Charter shall have Fort Worth, TX 75155 the right to remove the Equipment and all components with copies to: within sixty (60) days after such Termination. Charter Communications C'BCR v2 :006000000097th3 ATTN: Legal department Dept: Corporate Operations 12495 Powerscourt Drive St. Louis, MO. 63131 and Charter Communications ATTN: CB Corporate — Contracts Management 12495 Powerscourt Drive St. Louis, MO. 63131 If to Customer: City of North Richland Hills - Dispatch Center ATTN: Bob Weakley 7391 NE Loop 829 North Richland Hills, TX 76189 -6949 Each party may change its respective address(es) for legal notice by providing notice to the other party. 19. MISCELLANEOUS. (a) Entire Agreement. This Service Agreement and any related, executed Service Order(s) constitute the entire Agreement with respect to the Services, Network and Equipment. This Service Agreement supersedes all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this Service Agreement. (b) No Amendments. Supplements or Changes. This Service Agreement and the associated executed Service Order(s) may not be amended, supplemented or changed without both parties' prior written consent. (c) No Assianment or Transfer. The parties may not assign or transfer (directly or indirectly by any means, by operation of law or otherwise) this Service Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining written consent from the other party, which consent shall not be unreasonably withheld, provided, however, that Charter may assign this Service Agreement and the associated executed Service Order(s) to affiliates controlling, controlled by or under common control with Charter, or to its successor -in- interest in the event Charter sells the underlying communications system, without Customer's consent. (d) Severabilitv. If any term, covenant, condition or portion of this Service Agreement, any related, executed Service Order(s) shall, to any extent, be invalid or unenforceable, the remainder of this Service Agreement, any related, executed Service Order(s), shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law. (e) Section Headings. The section headings are furnished for the convenience of the parties and are not to be considered in the construction or interpretation of this Service Agreement. (f) Governing Law. This Service Agreement and all matters arising out of or related to this Agreement shali be governed by the laws of the State of Texas, without regard to conflicts of law provisions. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS NEGOTIATION. ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND CHARTER EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY. (g) Jointly Drafted. Both parties hereby acknowledge that they participated equally in the negotiation and drafting of this Service Agreement and any related, executed Service Order(s) and that, accordingly, no court construing this Service Agreement and any related, executed Service Order(s) shall construe it more stringently against one party than against the other. (h) No Third Partv Beneficiaries. The parties agree that the terms of this Service Agreement and the parties' respective performance of obligations as described are not intended to benefit any person or entity not a party to this Service Agreement, that the consideration provided by each party under this Service Agreement only runs to the respective parties hereto, and that no person or entity not a party to this Service Agreement shall have any rights under this Service Agreement nor the right to require the performance of obligations by either of the parties under this Service Agreement. (i) Waiver Except as otherwise provided herein, the failure of Charter to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. C'BCR v2 :006000000097th3 CBCR v2 :006000000097th3 � Charter Business 411N111[$A0", 0" �e�:] DATA TRANSPORT SERVICE AGREEMENT This Service Agreement ( "Agreement ") is executed and effective upon the latest date of the signatures set forth in the signature block below ( "Effective Date ") by and between Charter Fiberlink TX -CCO, LLC , ( "Charter Business" or "Charter ") with local offices at 15100 Trinity Blvd. Ste 500, Fort Worth TX 76155 and City of Watauga - Dispatch Center, ( "Customer ") with offices located at 7101 Whitey Rd, Watauga TX 76148. Both parties desire to enter into this Agreement in order to set forth the general terms under which Charter is to provide Customer with Charter's services ( "Service" or "Services ") to Customer site(s), the scope and description to be specified per site belovv and/or in a Service order(s) executed by both parties (each instance of site identification and order a "Service Order" or collectively the "Service Orders "), which shall be incorporated in this Agreement upon execution. This Agreement and each Service Order will be effective only after both parties have signed each document. 6 =I:IT1 163 :991 11=I N Under the Data Transport Service Agreement CUSTOMER INFORMATION: Account Name: City of Watauga — Police Station Invoicing Address: , Invoicing Special Instructions: 1. SITE - SPECIFIC INFORMATION: V New ❑ Renew ❑ Change: Order Type: New Customer Service Location (Address): 7101 Whitley Rd, Watauga TX 76148 Service Location Name (for purposesofidentification): Service Location Special Instructions: Non - Hospitality or Non -Video CUSTOMER INFORMATION: Account Name: Haltom City Police Admin Invoicing Address: I , Invoicing Special Instructions: 2. SITE - SPECIFIC INFORMATION: New ❑ Renew ❑ Change: Order Type: New Customer Service Location (Address): 5110 Broadway Ave, Haltom City TX 76117 Service Location Name (for purposes of identification: Service Location Special Instructions: Dispatch Consolidation -WAN C'BCR v2 :006000000097th3 Customer Contact Information. To facilitate communication the following information is provided as a convenience and may be updated at any time without affecting the enforceability of the terms and conditions herein: Billing Site Contact Technical Contact Contact Name Bob Weakley Phone (817) 427 -6233 Fax Cell Email bweakley(�7a nrhtx.com Address d,HIVIS0 :1WElMa'f[e1MOMWE Site #1 Data Services: Charter Business Bundle: No Bundle' Base Service $610.00 MEF Service Types (if applicable): Speed: 30 Mbps (Down/Up) CPE: Additional Services FG -80C $ 9000 Site #2 Data Services: Charter Business Bundle: No Bundle' Base Service $610.00 MEF Service Types (if applicable): Speed: 30 Mbps (Down/Up) CPE: Additional Services FG -80C $ 90.00 TOTAL SERVICES $1400.00 CBCR v2 :006000000097th3 k if Customer has selected the Charter Business Special Offers, the Section 2(k) of the Standard Terms of Service (for Charter Business Bundle) shall apply.0 N E - T I M E C H A R G E S: One -Time Standard Installation Fee- FOR 2 SITES $ 500.00 per Site $1000.00 ONE -TIME CHARGES $1000.00 2. TOTAL FEES. Total Monthly Service Fees of $1400.00 are due upon receipt of the monthly invoice. Total One -Time Charges of $1000.00 are included in the first monthly invoice.. 3. SERVICE PERIOD. The initial Service Period of this Service Order shall begin on the date installation is completed and shall continue for a period of 60 months. Upon expiration of the initial term, this Service Order shall automatically renew for successive one -month terms at Charter's then current Monthly Service Fees unless either party terminates this Service Order by giving thirty (30) days prior written notice to the other party before the expiration of the current term. 4. TROUBLE REPORTS. Charter shall monitor its fiber optic -based data transport Services twenty -four (24) hours a day, seven (7) days a week. Charter shall provide Customer with a toll free telephone number the Customer may call to report service problems. Charter shall provide a telephone response to such calls within one (1) hour, and, if necessary, initiate a physical response within four (4) hours of receiving Customer's call reporting the problem. 5. SERVICE CREDITS. Customer shall be entitled to one (1) hour of service credit per Site per affected fiber optic -based Service (i.e. circuit) for each hour of Service Interruption if the interruption: (a) exceeds four (4) consecutive hours, (b) is not caused by Customer, or its agents, employees, licensees, or contractors, or a Force Majeure Event, (c) is not caused by Customer- provided equipment or facilities beyond the demarcation point, (d) is not caused by scheduled maintenance, and (e) is reported to Charter within twenty -four (24) hours of the commencement of the interruption. Service Credits shall not apply to any period of time for which Charter is not granted access, if necessary, to the applicable Customer Site. A "Service Interruption" is the continuous period of time during which a respective Service is not provided substantially as warranted to one or more Customer Sites. A Service Interruption commences when Charter becomes aware of such Service Interruption of a Service and ends when the Service is operational and the Trouble Ticket is closed. A Service Credit is calculated as follows- • Service Credit = Per Hour Rate X (# of consecutive hours during Service interruption) • Per Hour Rate = Per Day Rate/twenty-four (24) • Per Day Rate = Monthly Service Charge /thirty (30) days (30 = average days in one [1] month) Any Service interruption that exceeds a consecutive period of twelve (12) hours shall be considered an outage for one (1) day_ Example: If Customer is paying a $10,000 Monthly Service Fee and a Service interruption of one (1) day (or 24 hours) occurs, the Service Credit shall be equal to $333.33 and shall be applied on the billing cycle following the date Charter makes its credit determination: Per Day Rate = $10,000/30 days = $333.33 Per Hour Rate = $333.33124 hours = $13.89 Service Credit = 1 day X $333.33 = $333.33 OR 24 hours X $13.89 = $333.33 Service credits will be based on the Customer's Monthly Service Fee for those Sites and specific Services affected by the Service Interruption. Non- recurring, equipment and usage -based charges are excluded. The sum of all Service Credits shall not exceed the Customer's total Monthly Service Fees for the month in which the Service interruption occurred. The Customer must contact Charter Business at 866.603.3199 (or successor applicable toll -free number) to request a Service Credit for a specific Service Interruption. Charter Business will exercise commercially reasonable efforts to respond to such Service Credit requests within C'BCR v2 :006000000097th3 fifteen (15) business days of receipt thereof. The approved Service Credit will be applied on the billing cycle following the date Charter makes its credit determination. Service Credits shall be Customer's sole and exclusive remedy for Charter's failure to provide Services as warranted. 6. NO UNTRUE STATEMENTS. Customer further represents and warrants to Charter that neither this Service Order, nor any other information, including without limitation, any schedules or drawings furnished to Charter contains any untrue or incorrect statement of material fact or omits or fails to state a material fact. 7. CONFIDENTIALITY. Customer hereby agrees to keep confidential and not to disclose directly or indirectly to any third party, the terms of this Service Order or any other related Service Orders, except as may be required by law. If any unauthorized disclosure is made by Customer and/or its agent or representative, Charter shall be entitled to, among other damages arising from such unauthorized disclosure, injunctive relief and a penalty payment in the amount of the total One -Time Charges associated with this Service Order, and Charter shall have the option of terminating this Service Order, other related Service Orders and/or the Service Agreement. 8. FACSIMILE. A facsimile of a duly executed Agreement and Service Order signed by both authorized parties shall be considered evidence of a valid order and Charter may rely on such facsimile copy of the Agreement and Service Order as if it were the original. NOW THEREFORE, Charter and Customer agree to the terms and conditions included within this Service Agreement, including the Commercial Terms of Service which follow, and hereby execute this Service Agreement by their duly authorized representatives. C'BCR v2 :006000000097th3 Charter Fiberlink TX -CC4, LLC By: Sy: Charter Communications, Inc., its Manager Signature: Printed Name: Title: Date: Charter Business Account iExecutive: Name: Adam Kuehn Telephone: 817 -288 -3653 Fax: 817- 358 -7502 City of North Richland Hills - Dispatch Center Signature: Printed Name: Title: Date: CBCR v2 :006000000097th3 STANDARD TERMS OF SERVICE SERVICE. Charter agrees to provide the Services during Customer of such charges. Customer shall be the Service period to the Customer at the site(s) identifed assessed such additional One -Time Charges and/or in the Service Order(s). "Service Period," is the time period adjusted Monthly Service Fees, either (i) in advance starting on the date the Services are fully functional in all of implementation of the change request or (ii) material respects and available for use as described in a beginning on the Customer's next and /or subsequent Service Order or as reflected in the first invoice (the "Turn- invoice(s). up Date "), and continuing for the number of months (e) Site Visits and Repairs. If Customer's misuse, abuse specified in the Service Order(s). d'i f' 4; th S E ' t K1_+1__ k STANDARD PAYMENT TERMS. Customer agrees to pay the monthly Service fees and one -time charges as set forth in the Service Order(s) incorporated under this Service Agreement by execution thereof by the parties. "`Monthly Service Fees" is the amount specified as the monthly fee to be paid by the Customer for the Services. "One -Time Charges" include, but are not limited to, construction, Service installation charge(s), repair, replacement, or any non- recurring charges. "Service Installation Charge" is the amount specified as the fee for installation of equipment and network facilities. "Equipment" means components including, but not limited to, any gateway or edge electronic device, antenna, node, concentrator, bridge, receiver, transmitter, transceiver, router, switch, hub or communications lines /cables that makes up the network of Charter - provided Equipment, facilities and materials (the "Network ") necessary to provide the Services. (a) Monthlv Service Fees. Customer agrees to pay Monthly Service Fees in advance of the provision of the Services. Monthly Service Fees are due upon receipt of the invoice. (b) One -Time Charges. Customer agrees to pay the One -Time Charges as described on the applicable Service Order(s) and /or as otherwise set forth in this Agreement. (c) Taxes. Fees, and Government Charges. Customer agrees to pay any sales, use, property, excise or other taxes, franchise fees, and governmental charges (excluding income taxes), arising under this Agreement, including, without limitation, applicable state property taxes. A copy of the Customer's tax exemption document, if applicable, must be provided to Charter to certify tax - exempt status. Tax - exempt status shall not relieve Customer of its obligation to pay any applicable franchise fees. (d) Charges for Change Requests. Any charges associated with Service and Equipment installations, additions, modifications, substitutions, upgrades, reconfigurations, rebuilds or relocations at a site and requested by Customer subsequent to executing a Service Order for that site, are the sole financial responsibility of Customer. Charter shall notify Customer, orally or in writing, of any additional One - Time Charges and/or adjustments to Monthly Service Fees associated with or applicable to such Customer change requests prior to making any such additions or modifications. Customer's failure to object to such additional charges within three (3) days of receiving such notice shall be deemed an acceptance by U1 mo ica ion o e ervices, quspmen or r facilities supplied by Charter necessitates a visit to the Customer site for inspection, correction or repair, Charter shall charge Customer a site visit fee as well as charges for any Equipment or Network repair or replacement necessary to restore Service. (f) Invoicing Errors. Customer must provide notice to Charter of any invoice errors or disputed charges within thirty (30) days of the invoice date on which the errors and/or disputed charges appear in order for Customer to receive any credit that may be due. (g) Late Fees. If Customer fails to pay an invoice within thirty (30) days of issuance, Charter will issue a notice of late payment. Customer will be charged a late fee of not more than one and one half percent (1.5°1x) per month on any outstanding past -due balance. (h) Non - Pavment. If Services are disconnected because Customer does not pay the invoice, Charter may, in its sole discretion, require that Customer pay all past due charges, a reconnect fee, and a minimum of one month's Monthly Service Fees in advance before Charter will reconnect Services. (i) Returned Checks. Bankcard or Credit Card Charae- Backs and Collection Fees. Charter may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card charge - backs. (j) Collection Fees. Customer shall be responsible for all expenses, including reasonable attorney's fees and collection costs, incurred by Charter in collecting any unpaid amounts due under this Agreement. (k) Bundled Pricing. In the event Customer has selected a Charter Business Bundle (as must be specifically indicated by component Service in this Service Order), the following conditions shall apply: In consideration for Customer's purchase of the Charter Business Bundle and only with respect to that period of time during which Customer continues to purchase such Charter Business Bundle (for purposes of clarification, continues purchase of each bundled Service component of such Charter Business Bundle), Charter agrees to apply a discount to the Services ordered under this Service Order. Such discount has been applied to the Services included in Charter's bundled pricing offer and is reflected in the Monthly Services Fees for such Services contained in this Service Order. For purposes of clarification, in the event Charter's provision to Customer of one or more of the bundled C'BCR v2 :006000000097th3 Service components of the Charter Business Bundle, is discontinued or otherwise terminated for any reason, the pricing for the remaining Service components listed above shall revert to Charter's a la carte pricing for such Services in effect at the time of the discontinuation or termination. Termination liabilities applicable to the Services under the Service Agreement shall otherwise remain unchanged. 3. SERVICE LOCATION ACCESS and INSTALLATION. (a) Access Customer shall provide Charter with reasonable access to each Service Location listed on a Service Order as necessary for Charter to review, install, inspect, maintain or repair any Equipment or Materials necessary to provide the Services. If Customer owns and/or controls the Service Location(s), Customer grants to Charter permission to enter the sites) for the exercise of such right. If a site is not owned and /or controlled by Customer then Customer will obtain, with Charter's assistance, appropriate right of access. if Customer is not able to gain right of access for a site from owner and/or controlling party, Charter's obligations under this Agreement and the appropriate Service Order for such site are terminated, null and void. (b) Installation Review: Subseauent Interference. Charter may perform an installation review of each Service Location prior to installation of the Services at that Service Location. Customer may be required to provide Charter with accurate site and /or physical network diagrams or maps of a Service Location prior to the installation review. Charter may directly or through its agents inspect the Customer Premises before beginning installation, and shall satisfy itself that safe installation and proper operation of its Equipment and the Services are possible in the location(s) provided by Customer. If Charter, in its sole discretion, determines that safe installation and /or activation of one or more of the Services will have negative consequences to Charter's personnel or Network and /or cause technical difficulties to Charter or its customers, Charter may terminate the Service Order effective upon prior written notice to Customer or may require the Customer to correct the situation before proceeding with installation or activation of the Services. In the event during the initial or any renewal Service Period, (i) proper operation of Charters Equipment and /or unhindered provision of the Services is no longer possible as a result of interference or obstruction caused by the acts or omissions of Customer, a third party or any Force Majeure Event, or (ii) such interference /obstruction or the cause thereof will have negative consequences to Charter's personnel or Network and/or cause technical difficulties to Charter or its customers, as Charter may determine in its sole discretion, Charter may terminate the affected Service Order(s) without liability upon written notice to Customer. (c) Site Preparation. Customer shall be responsible, at its own expense, for all site preparation activities necessary for delivery and installation of the Equipment and the installation and ongoing provision of Services, including, but not limited to, the relocation of Customer's equipment, furniture and furnishings as necessary to access the Equipment and/or Services. To ensure proper installation of the Equipment and the Services, Customer may be required to provide electrical or other utility service, and/or accurate physical network diagrams and /or maps prior to installation. (d) Installation. Charter will schedule one or more installation visits with Customer. Customer's authorized representative must be present during installation. During installation, Charter shall test to confirm that the Services can be accessed from the Service Location. In the event that during the course of installation Charter determines additional work is necessary to enable Charter to deliver the Services to the Service Location, Charter will notify Customer of any new or additional One -Time Charges that may be necessary. In the event the Customer does not agree to pay such One -Time Charges by executing a revised Service Order reflecting such new charges (and superseding the underlying applicable Service Order) within five (5) business days of receiving the revised Service Order. Customer and/or Charter shall have the right to terminate the applicable Service Order. Customer shall be responsible for access paths, moving or relocating furniture, furnishings, or equipment, or other preparation activities necessary for Charter to install the Services. Customer shall connect any Equipment provided by Charter to Customers computer or network to enable access to the Services. With respect to any excavation, Charter shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from such excavation. (e) Ongoing Visits. Charter will need access to the Customer Premises from time to time for inspecting, constructing, installing, operating and maintaining Charter's Network facilities, Equipment or materials and /or any related facilities. Except in emergency situations, Charter will obtain approval from the Customer (not to be unreasonably withheld or delayed) before entering the Customer Premises. At Charter's request, Customer, or a representative designated by Customer, will accompany Charter's employees or agents into any unoccupied unit for the purpose of installing, repairing, maintaining, upgrading, and /or removing the Equipment. 4. EQUIPMENT AND MATERIALS. (a) Responsibilities and Safeguards. Except as otherwise provided in this Service Agreement or any Service Order(s), neither party shall be responsible for the maintenance or repair of cable, electronics, structures, Equipment or materials owned by the other party, provided, however, that subject to the Indemnification limitations set forth in section 11 C'BCR v2 :006000000097th3 hereunder, each party shall be responsible to the other for any physical damage or harm such party causes to the other party's personal or real property through the damage- causing party's negligence or willful misconduct. Without limiting the foregoing, Customer will not be liable for loss of or damage to cable, electronics, structures or Equipment owned by Charter and located on Customer Premises which occurred as a result of the occurrence of any Force Majeure Event, natural disaster or other casualty loss over which Customer has no control. Customer shall: i Safeguard Charter - provided Equipment against others; ii Not add other equipment nor move, modify, disturb, alter, remove, nor otherwise tamper with any portion of the Equipment; iii Not hire nor permit anyone other than personnel authorized by Charter acting in their official capacity to perform any work on the Equipment; and iv Not move nor relocate Equipment to another location or use it at an address other than the Service location without the prior written consent of Charter. Any unauthorized connection or other tampering with the Services, Equipment, any system or its components shall be cause for immediate disconnection of Services, termination of this Agreement and/or legal action, and Charter shall be entitled to recover damages, including, but not limited to, the value of any Services and/or Equipment obtained in violation of this Agreement in addition to reasonable collection costs including, but not limited to, reasonable attorneys' fees. Should any antenna, or signal amplification system for use in connection with communication equipment hereafter be installed on the Premises which interferes with the Services provided by Charter hereunder, Customer acknowledges and agrees that Charter shall not be obligated to distribute a quality signal to the Premises better than the highest quality which can be furnished as a result of such interference, until such time as the interference is eliminated or corrected by Customer or a third party. (b) Customer Security Responsibilities. Customer shall be responsible for the implementation of reasonable security procedures and standards with respect to use of and access to the Service and/or Equipment. Charter may temporarily discontinue or disconnect the Services upon learning of a breach of security and will attempt to contact Customer in advance, if possible. The temporary discontinuation or disconnection of the Services shall not constitute a breach of this Agreement. (c) Ownership. Customer understands and agrees that notwithstanding any other provision contained herein to the contrary, all Equipment and materials installed or provided by Charter are and shall always remain the property of Charter, shall not become a fixture to the Premises, and must be returned to Charter at any time Services are disconnected in the condition in which they were received subject to ordinary wear and tear. Customer will not sell, lease, assign nor encumber any Equipment. Customer shall not obtain or acquire title to, interest or right (including intellectual property rights) in the Service or Equipment other than to the limited extent of use rights expressly granted under this Agreement. (d) Equipment Return, Retrieval. Repair and Replacement. Immediately upon termination of Services ( "Termination" shall mean the termination of the Service Agreement and/or Service Order(s)), at the discretion of Charter, Customer shall return, or allow Charter to retrieve, the Equipment supplied by Charter to Customer, in good condition. Failure of Customer to return, or allow Charter to retrieve. Equipment within ten (10) days after Services are terminated will result in a charge to Customer's account equal to the full retail cost of replacement of the unreturned Equipment. In addition, Customer agrees to pay for the repair or replacement of any damaged Equipment (whether or not caused by Customers negligent act, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material /workmanship defects), together with any costs incurred by Charter in obtaining or attempting to regain possession of such Equipment, including, but not limited to, reasonable attorneys' fees. VIDEO, MUSIC AND CONTENT SERVICE. This Video, Music and Content Service section shall only apply if Video, Music and Content Services are included in a Service Order under this Agreement. Continued reception of the Video Services is subject to these Terms and Conditions. Charter may, in its sole discretion, preempt, rearrange, delete, add, discontinue, modify or otherwise change any or all of the advertised programming, packaging, and distribution of its Video Services or of any of Charter's Video Services packages. (a) Payment Terms. Increases in any and all programming, license, copyright, retransmission and/or other costs, charges, fees or amounts including, without limitation, taxes and any and all other governmental fees, charges and /or other amounts, shall not be deemed to be included in the Monthly Service Fees or limited by any provision in this Agreement, and may be passed on to Customer at any time when such costs are incurred by, assessed or required of Charter. The initial Monthly Service Fees shall remain in effect for the first 12- months of this Agreement. Thereafter, Charter may increase the Monthly Service Fees from time to time upon thirty (30) days' prior written notice C'BCR v2 :006000000097th3 to Customer. Customer hereby agrees to any such increases that do not exceed ten percent (10 %) of the Customer's total Monthly Service Fees incurred in the month immediately preceding the month in which the increase is to be effective. Increases shall not occur more frequently than once per 12 -month period. In the event such increased Monthly Service Fee would exceed the amount permitted under applicable law, the Monthly Service Fees shall be increased only to the maximum allowable under applicable law. Notwithstanding the foregoing, increases in any and all programming, license, copyright, retransmission and/or other costs, charges, fees or amounts including, without limitation, taxes and any and all other governmental fees, charges and/or other amounts, shall not be limited by any provision in this Agreement, and may be passed onto Customer at any time when such costs are passed on to Charter. (b) Music Riahts Fees. In all cases, Customer is responsible for and must secure any music rights and /or pay applicable fees required by the American Society of Composers, Authors & Publishers ( "ASCAP "), Broadcast Music, Inc. ( "BMI ") and SESAC, Inc. ( "SESAC ") or their respective successors, and any other entity, person or governmental authority from which a license is necessary or appropriate in connection with Customer's transmission, retransmission, communication, distribution, performance or other use of the Services. (c) Premium and Pav- Per -View. Customer may not exhibit any premium Services such as HBO or Showtime in any public or common viewing area. Customer may not order or request Pay - Per -View (PPV) programming for receipt, exhibition or taping in a commercial establishment. Customer may not exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Charter's prior written consent. If Customer fails to abide by these restrictions, in addition to all other liability and not by way of limitation, Customer accepts liability for any and all claims made against Customer or Charter of any unauthorized commercial exhibition and Customer agrees to indemnify and hold Charter harmless from any loss, cost, liability, or expense, including reasonable attorney's fees, arising from a breach of this provision. (d) HD Formatted Programmina. If Customer has selected High Definition ( °'HD ") formatted programming, Customer understands it is responsible for provision, installation and maintenance of the receiving equipment and /or facilities necessary for reception and display of such HD signal. Any failure of the Customer to fulfill the foregoing obligation shall not relieve Customer of its obligation to pay the applicable Monthly Service Fees or One -Time Charges for the HD Formatted Programming. (e) Provision of Service. Charter may, in its sole discretion, from time to time, rearrange, delete, add or otherwise change packaging and programming of Services contained in Charter's basic cable, Digital Music or other Services provided pursuant to this Agreement. Customer acknowledges that Charter has the right at any time to preempt without notice specific advertised programming and to substitute programming that Charter deems to be comparable. (f) Restrictions. Customer shall not and shall not authorize or permit any other person to (i) copy, record, dub, duplicate, alter, make or manufacture any recordings or other reproductions of the Services (or any part thereof); (ii) transmit the Services (or any part thereof) by any television or radio broadcast or by any other means or use the Services (or any part thereof) outside the Service Location. Customer acknowledges that such duplication, reproduction or transmission may subject Customer to criminal penalties and /or civil liability and damages under applicable copyright and /or trademark laws. . With respect to the music programming comprising a portion of the Services, Customer shall not, and shall not authorize or permit any other person to do any of the following unless Customer has obtained a then - current music license permitting such activity: (i) charge a cover charge or admission fee to any Service Location(s) at the time the Services (or any part thereof) are being performed or are to be performed; or (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the Services (or any part thereof ). Customer shall not, and shall not authorize or permit any other person to insert any commercial announcements into the Services or interrupt any performance of the Services for the making of any commercial announcements. If Customer fails to abide by these restrictions, Customer accepts liability for any and all claims made against Customer or Charter due to any unauthorized commercial exhibition and Customer agrees to defend, indemnify and hold Charter harmless from any damages, loss, cost, liability, or expense, including reasonable attorneys' fees, arising from a breach of these restrictions. 6. INTERNET ACCESS SERVICE. This Internet Access Service section shall only apply if Internet Access Services are included in a Service Order under this Agreement. Continued use of the Internet Service is subject to these Terms and Conditions. (a) Eauioment and Software Requirements. Customer shall maintain certain minimum Equipment and software to receive the Service. Please refer to www.charter- business.com (or the applicable successor URL) for the current specifications. (b) Internet Service Speeds. Charter shall use commercially reasonable efforts to achieve the Internet speed selected by the Customer on the C'BCR v2 :006000000097th3 Service Order. However, Customer understands and agrees that such speeds may vary. (c) Access and Use. Customer agrees to ensure that any person who has access to the Internet Services through Customer's computer(s), wireless access points, Service Location, facilities or account shall comply with the terms of this Agreement. Customer shall be responsible for setting up password /access security measures. Customer shall be responsible for all charges incurred and all conduct, whether authorized or unauthorized, caused by use of Customer's computers, service locations, facilities or account using the Internet Services. Customer acknowledges and understands that various factors, for which Charter is not responsible, may contribute to interference with the Internet Service signal transmitted /accessible by a wireless router. (d) Electronic Addresses. All e-mail addresses, e-mail account names, and IP addresses ( "Electronic Addresses ") provided by Charter are and shall remain the property of Charter. Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses. (e) No Liability for Chances of Address. Due to growth, acquisitions and changes in technology, Charter reserves the right to change addressing schemes, including e-mail and IP addresses. (f) No Liabilitv for Risks of Internet Use. The Internet is a shared network and Charter does not warrant that Service will be error free. The Service, Charter's network and the Internet are not secure, and others may access or monitor the Customer's traffic. Charter does not warrant that data or files sent or received by the Customer over the Network will not be subject to unauthorized access by others, that other users will not gain access to the Customer's data, nor that the data or files will be free from computer viruses or other harmful components. Charter has no responsibility and assumes no liability for such acts or occurrences. (g) No Liabilitv for Purchases. Through use of the Service, the Customer may access certain information, products and services of others, for which there is a charge. The Customer shall be solely liable and responsible for all fees or charges for these online services, products or information. Charter shall have no responsibility to resolve disputes with other vendors. (h) Blocking and Filterina. While the computer industry may provide blocking and filtering software that empowers Customer to monitor and restrict access to Customer's computer and its data, Charter is not the publisher of this software. Charter strongly recommends that the Customer employ a "frewall" or other security software. The Customer assumes all responsibility for providing and configuring any "firewall" or security measures for use with the Service. Except to the extent set forth in the Supplemental Charter Business Security Service Section, Charter shall not be responsible in any manner for the effectiveness of these blocking and filtering technologies. Charter does not warrant that other users will be unable to gain access to Customer's computers) and/or data even if the Customer utilizes blocking and filtering technologies. (i) Acceotable Use Policv. Customer agrees to comply with the terms of Charter's Acceptable Use Policy ( "AUP "), found at wvAv.charter- business.com (or the applicable successor URL) and that policy is incorporated by reference into this Agreement. Customer represents and warrants that Customer has read the AUP and agrees to be bound by its terms as they may from time to time be amended, revised, replaced, supplemented or otherwise changed. Customer expressly understands and agrees that the AUP may be updated or modified from time to time by Charter, with or without notice to Customer. Charter may discontinue or disconnect Services immediately for any violation of the Charter AUP with or without notice to Customer. (j} Supplemental Services. The following subsections shall only apply in the event such referenced supplemental services have been selected by and /are being delivered to Customer. The supplemental Services may be made up of software and hardware components. Charter shall ensure the supplemental services are operational and updated from time to time based on manufacturer -sent updates. Except to the limited extent described in the foregoing sentence, Charter makes no warranties of any kind (express or implied) regarding the supplemental services and hereby disclaims any and all warranties pertaining thereto (including but not limited to implied warranties of title, non- infringement, merchantability, or fitness for a particular purpose). Customer understands and acknowledges that Charter does not have title to and is not the manufacturer of any software or hardware components of the supplemental services nor is Charter the supplier of any components of such software or hardware. Customer shall return or destroy all software components provided to Customer upon the termination of the applicable Service Order, and in the case of the destruction thereof, shall, upon request, provide Charter with certification that such components have been destroyed. IN ADDITION TO BUT WITHOUT ABROGATING THE TERMS SET FORTH UNDER THESE TERMS OF SERVICE REGARDING LIMITATIONS OF LIABILITY, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF ANY SUPPLEMENTAL SERVICES (INCLUDING BUT NOT LIMITED TO THAT ATTRIBUTABLE TO BLOCKED CONTENT OR EMAIL OR CANCELLATION OF A DOMAIN NAME BY THIRD PARTY). REGARDLESS OF CAUSE OR FAULT, MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO PURCHASE OR USE OF THE SUPPLEMENTAL SERVICE(S), SHALL IN NO C'BCR v2 :006000000097th3 EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR THE APPLICABLE SUPPLEMENTAL SERVICE. No rights for trademarks use is granted for any Supplemental Services and associated third parties. Charter shall not be liable for any claims arising from the disclosure of personally identifiable information provided by Customer to a Third Party Provider. (i) Supplemental CB Hosting Service. This Hosting Service subsection shall only apply if one of Charter's Hosting Services ("Hosting") is included as part of the Service in a Service Order under this Agreement. Charter will provide to Customer Hosting Service in accordance with the Specifications associated with the plan Customer has selected on the Service Order. I. Third Party Software via Hosting Service. The Hosting Service will permit access to a variety of resources available from selected third parties, including developer tools, communication forums and product information (collectively, "Hosting Software "). The Hosting Software, including any updates, enhancements, new features, and/or the addition of any new Web properties, may be subject to, and Customer hereby agrees to comply with applicable product use rights /end user license agreements between such third parties and Customer. Without abrogating or limiting anything set forth in section 6(j), Charter (not the manufacturer) shall provide technical support for the CB Hosting Service, but version changes of any such software compatibility and /or suitability with any other Customer provided software shall be Customer's responsibility. Furthermore, Customer hereby consents to the disclosure to the provider of Third Party Software, Customer's name and any other necessary information for the limited purpose of licensing rights. Customer shall not use the CB Hosting Service for or in connection with any high risk use or activity such as aircraft or other modes of human mass transportation, nuclear, or chemical facilities. or Class III medical devices under the Federal Food, Drug, and Cosmetic Act. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE HOSTING SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED IN WRITING BY CHARTER. WITHOUT LIMITING OR ABROGATING THE TERMS SET FORTH IN SECTION 7, CHARTER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE HOSTING SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON - INFRINGEMENT. Domain Names. Customer shall be solely responsible for registering for or renewing a desired domain name, which may be done via the CB Hosting Service if such domain name registration option has been included or from a third party outside of this Agreement. Customer may identify the domain name registrar by accessing the "Whois Look Up' service at url:whis.domaintools.com, subsequent url or similar service of their choice. Charter disclaims such responsibility, and Customer acknowledges that Charter does not guarantee that Customer will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available at the time of such inquiry. Specification Limitations. Individual websites may not at any time exceed the Hosting Specifications identified on the applicable Service Order. If a Customer's Hosting account is found exceed the Specifications set forth in the applicable Service Order, or is adversely impacting Charter's network or server(s), Charter may (i) contact the Customer to resolve the issues: or if Customer has exceeded the then - applicable Specifications in any given month, (ii) upgrade the Customer's account on the next available billing cycle to the next service level tier or (iii) suspend of terminate the Hosting Service. Notvithstanding anything to the contrary, in the event Customer's use of the Hosting Service is causing an adverse impact on Charter's network or servers, Charter may (i) suspend or terminate the Hosting Service or (ii) terminate the Agreement in its entirety. 6. Limitation of Charter - Provided Services. Customer understands and agrees that certain services are not provided by Charter as part of the Hosting Service (e.g., Charter does not provide nor offer web page creation, development, design or content services). 7. No Additional Warranties. Charter makes no warranties of any kind (express or implied) regarding Hosting and hereby disclaims any and all warranties pertaining thereto (including but not limited to implied warranties of title, non - infringement, merchantability, or fitness for a particular purpose). IN ADDITION TO, BUT WITHOUT ABROGATING AND LIMITING THE TERMS SET FORTH IN THE LIMITATION OF LIABILITY SECTION OF THIS AGREEMENT, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF CHARTER HOSTING REGARDLESS OF CAUSE OR FAULT. CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO CUSTOMER'S PURCHASE OR USE OF THE HOSTING SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR HOSTING SERVICE. 8. Hosting Fees. The applicable Service Order sets forth the Monthly Service Fees for the Hosting Service. Customer is responsible for payment whether or not the hosting platform is used. Customer shall not be C'BCR v2 :006000000097th3 relieved of its responsibility to continue to pay for Hosting in the event Hosting does not function properly as a result of (i) Customer's failure to install or properly use any software; or (ii) Customer's failure to utilize in any way or less than the maximum Specifications the Hosting Service. Content Liability and Use Restrictions. Customer acknowledges Charter exercises no control whatsoever over the content of the information passing through Customer's sites) and that it is Customer's sole responsibility to ensure that Customer and Customer's users use of the Hosting Service complies at all times with all applicable laws and regulations and Charter's AUP. Upon activation of Customer's account, Charter shall have the right to disclose any, or all available information collected from Customer to law enforcement authorities upon written request by such authorities. Information that may be disclosed includes, but is not limited to IP addresses, account history, and files stored on Charter servers. In addition to the foregoing, Customer expressly understands and agrees that the following activities are prohibited. In the event that Customer engages in such activities, Charter shall have the right to suspend or terminate the Hosting Services and/or this Agreement: (a) The hosting of unlicensed software that is available to the public; (b) Use of software or files that contain computer viruses or files that may harm user's computers; (c) Any attempt or actual unauthorized access by Customer or through Customer's equipment to any Charter website or the website of any Charter customer; (d) The collection or any attempt to collect personally identifiable information of any person or entity without their express written consent. Customer shall maintain records of any such written consent throughout the Term (and any Renewal Term) of this agreement and for three years thereafter; (e) Any action which is harmful or potentially harmful to the Charter server structure; (f) Running a banner exchange, free adult tgp (thumbnail gallery post) and/or free adult image galleries on your website; (g) inclusion of sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites or providers. (h) Impositions on Customer's End Users. Customer is responsible for charging and collecting from Customers end -user customers any and all applicable taxes. If Customer fails to impose and/or collect any tax from its end users or customers as required herein, then, as between Charter and Customer, Customer shall remain liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax by the applicable taxing authority. With respect to any tax that Customer has agreed to pay or impose on and/or collect from Customer's end users or customers, Customer agrees to indemnify and hold harmless Charter for any costs incurred as a result of actions taken by the applicable taxing authority to collect such tax from Charter due to Customer's failure to pay or collect and remit such tax to such authority. (ii) CB Security Service — desktop and Managed. This Charter Business Security Service subsection shall only apply if Charter's managed or desktop security service ( "CB Desktop Security" and /or "CB Managed Security ") is /are included in this Service Agreement or any related Service Order. CB Managed Security and CB Desktop Security are each made up of software and hardware components. Charter shall ensure that the selected CB Security Service(s) is/are operational and updated from time to time based on manufacturer -sent updates. Except to the limited extent described in the foregoing sentence, Charter makes no warranties of any kind (express or implied) regarding either CB Security Service and hereby disclaims any and all warranties pertaining thereto (including but not limited to implied warranties of title, non - infringement, merchantability, or fitness for a particular purpose). Customer understands and acknowledges that Charter is not the manufacturer of any software or hardware components of either Charter Business Security Service nor is Charter the supplier of any components of such software or hardware. IN ADDITION TO BUT WITHOUT ABROGATING THE TERMS SET FORTH IN SECTION 11, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF A CHARTER BUSINESS SECURITY SERVICE (INCLUDING BUT NOT LIMITED TO THAT ATTRIBUTABLE TO BLOCKED CONTENT OR EMAIL). REGARDLESS OF CAUSE OR FAULT, CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO CUSTOMER'S PURCHASE OR USE OF A CHARTER BUSINESS SECURITY SERVICE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR THE APPLICABLE CHARTER BUSINESS SECURITY SERVICE. (iii) CB Back -Up Service. This CB Back -Up service subsection shall apply only if Charter's data storage service ( "CB Back -Up ") is requested by the Customer. Customer shall be assessed applicable One -Time Charges and Monthly Service Fees which shall be based upon Customers selection of version retention quantity and storage tier (e.g., 5 gigabits). The version retention quantity selected specifies the maximum number of separate versions of a document that will C'BCR v2 :006000000097th3 be retained (running in sequential order based on the last version created). For example, if Customer has selected 7 as the version retention quantity, a Customer will be able to access the last 7 versions of a particular document. In addition to One Time Charges and Monthly Service Fees, monthly storage overage fees shall apply each month Customer exceeds the respective subscribed storage level. Additional One Time Charges and Monthly Service Fees also apply to Customer- requested media and/or professional services. CB Back -Up is made up of software components. Customer understands and acknowledges that Charter is not the manufacturer or supplier of any CB Back -Up software components. Customer shall be responsible for updating CB Back -Up from time to time based on updates provided by the software manufacturer, and any failure of Customer to perform such updates shall relieve Charter from any responsibility to ensure that CB Back -Up remains operational. Except to the limited extent described in the foregoing sentences, Charter makes no warranties of any kind (express or implied) regarding CB Back -Up and disclaims any and all warranties pertaining to CB Back -Up (including but not limited to implied warranties of title, non - infringement, merchantability, or fitness for a particular purpose). IN ADDITION TO, BUT WITHOUT ABROGATING OR LIMITING THE TERMS SET FORTH IN THE LIMITATION OF LIABILITY SECTION OF THIS AGREEMENT, CHARTER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF CB BACK -UP REGARDLESS OF CAUSE OR FAULT. CHARTER'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO CUSTOMER'S PURCHASE OR USE OF CB BACK -UP SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHARTER FOR CB BACK -UP SERVICE. In the event the functionality of the CB Back -Up service cannot be maintained by Charter or the manufacturer, Charter shall have the right to discontinue providing the service immediately and Charter shall credit Customer's account for any pre- paid Monthly Service Fees attributable to the service, except where such lack of functionality is caused by the Customer or any end user gaining access to the service through the Customer's facilities, equipment, or point of access. Customer shall not be relieved of its responsibility to continue to pay for CB Back -Up in the event CB Back -Up does not function properly as a result of Customer's failure to install and configure the software, activate the service or install manufacturer - provided updates. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES (1) THAT IT IS CUSTOMER'S SOLE RESPONSIBILITY TO CREATE AND RETAIN THE CB BACK -UP PASSWORD THAT IS NECESSARY FOR ACCESS TO ANY DATA STORED VIA THE CB BACK -UP SERVICE AND (2) THAT CHARTER HAS NO ACCESS TO AND DOES NOT KNOW NOR KEEP ANY RECORD OF THE PASSWORD CREATED BY CUSTOMER. FAILURE BY CUSTOMER TO RETAIN CUSTOMER'S CB BACK -UP PASSWORD SHALL RESULT IN COMPLETE LOSS OF ACCESSABILITY TO DATA STORED VIA THE CB BACK -UP SERVICE. 7. DATA NETWORKING This Data Networking Service section shall only apply if Data Networking Services (e.g. Ethernet, Optical Ethernet, Optical Transport) are included in any Service Order under this Agreement. Continued reception of the Data Networking Service is subject to these Terms and Conditions. (a) Charter will provide Data Networking Services for Customer locations connected over coaxial and /or fiber -optic cable. Connectivity is established between two or more customer end- points under a unique customer topology. Charter will install the coaxial or fiber -optic cable into each Customer site as listed in the Service Order(s). The parties hereby acknowledge that Charter will also supply an edge device at each site that will be capable of receiving the service as specified in the Service Order(s). (b) Charter will terminate fiber -optic cable on a patch panel or provide a coaxial outlet at an agreed upon Minimum Point of Penetration (MPOP) up to 50 (fifty) feet within each facility (unless otherwise specified in the Service Order). If the hand -off point of the Service at the Customer's Premises exceeds this distance, the Customer may be responsible for any additional costs that may be incurred for internal wiring. (c) The basic Data Networking Service that the Customer will receive includes connectivity at each of the Service Locations as identified in the Service Order(s). (d) The Customer will make available to Charter a building ground connection at each location that meets current electrical codes for the placement of a fiber -optic patch panel and/or coaxial outlet. It is recommended that the Customer provide a separate 20 Amp 110V AC circuit for the edge electronics, which is powered by a UPS system. Customer - supplied routing will be necessary for communication between each Service Location. (e) If Customer has selected "Monitoring" for a Service then Charter shall monitor the Services twenty -four (24) hours a day seven (7) days a week. Customer shall contact the Charter Business Network Operations Center ( °CBNOC ") at 1 -866 -603 -3199 or subsequent number to report service problems. Additional fees may apply. 8. NO THIRD -PARTY HARDWARE OR SOFTWARE SUPPORT. Customer is responsible for the installation, repair and use of Customer - supplied third -party hardware and/or software. For purposes of this Agreement the Hosting Software shall be considered third party software. C'BCR v2 :006000000097th3 Charter does not support third -party hardware or software individually to be considered a separate event of supplied by Customer. Any questions concerning third- default) and the Customer fails to correct each such party hardware or software should be directed to the noncompliance within twenty (20) days of receipt of provider of that product. Charter assumes no liability or written notice in cases involving non - payment or responsibility for the installation, maintenance, within thirty (30) days of receipt of written notice in compatibility or performance of third party software, any cases involving any other noncompliance: Customer- supplied hardware or software with the i Customer is more than thirty (30) days past due Services. If such third -party equipment or software with respect to any payment required hereunder; impairs the Services, Customer shall remain liable for payments as agreed (if any) without recourse for credit or ii Customer otherwise has failed to comply with the prorated refund for the period of impairment. Charter has terms of this Service Agreement or any other no responsibility to resolve the difficulties caused by such Service Order(s) incorporated herein by third -party equipment or software. If, at Customer's execution thereof by the parties. request, Charter should attempt to resolve difficulties caused by such third -party equipment or software, such (b) Charter's Rioht to Terminate and Termination Charae. efforts shall be performed at Charter's discretion and at In the event Customer is in default, Charter shall have then - current commercial rates and terms. the right, at its option, and in addition to any other rights of Charter expressly set forth in this Agreement 9. CUSTOMER USE. Customer agrees not to re -sell or re- and any other remedies it may have under applicable distribute access to the Services) or system capacity, or law to: any part thereof, in any manner without the express prior written consent of Charter. Customer agrees not to use or i Immediately suspend Services to the Customer permit third parties to use the Service(s), including but not until such time as the underlying noncompliance limited to the Equipment and software provided by has been corrected without affecting Customer's Charter, for any illegal purpose, or to achieve on -going obligation to pay Charter any amounts unauthorized access to any computer systems, software, due under this Agreement (e.g., the Monthly data, or other copyright or patent protected material. Service Fees), as if such suspension of Services Customer agrees not to interfere with other customers' had not taken place; use of the Equipment or Services or disrupt the Charter ii Terminate the Services; or Network, backbone, nodes or other Services. Violation of any part of this section is grounds for immediate iii After the occurrence of two (2) such events of Termination of this Service Agreement and/or all Service Customer default in any twelve (12) month period Orders in addition to any other rights or remedies Charter of time, terminate this Service Agreement and/or may have hereunder. any or all of the applicable Service Order(s). 10. PERFORMANCE. Charter will use commercially if Termination is due to noncompliance by the reasonable efforts in keeping with normal industry Customer, Customer must pay Charter a Termination standards to ensure that the Service is available to charge (a "Termination Charge "), which the parties Customer twenty -four (24) hours per day, seven (7) days recognize as liquidated damages. This Termination per week. It is possible, however, that there will be Charge shall be equal to fifty percent (50 %) of the interruptions of Service. Specifically, Customer unpaid balance of the Monthly Service Fees that understands and agrees that the Service may be would have been due throughout the remainder of the unavailable from time to time either for scheduled or applicable Service Period plus one hundred percent unscheduled maintenance. technical difficulties, or for (100 %) of (1) the outstanding balance of any and all other reasons beyond Charter's reasonable control. One -Time Charges plus (2) any and all previously Temporary service interruptions /outages for such reasons, waived One -Time Charges. as well as service interruptions /outages caused by the (c) Default by Charter. Charter shall be in default under Customer, its agents and employees, or by a Force this Service Agreement in the event that Charter fails Majeure Event, shall not constitute a failure by Charter to to comply with the terms of this Service Agreement perform its obligations under this Service Agreement, and and /or any or all of the applicable Service Orders), Customer will not hold Charter at fault for loss of Customer and Charter fails to remedy each such noncompliance revenue or lost employee productivity due to Service or occurrence within thirty (30) days of receipt of outages. written notice from Customer describing in reasonable 11. DEFAULT; SUSPENSION OF SERVICE; detail the nature, scope and extent of the default or TERMINATION. No express or implied waiver by Charter noncompliance: of any event of default shall in any way be a waiver of any (d) Customer's Riaht to Terminate and Termination further subsequent event of default. Nothing herein, Charge including, but not limited to Termination, shall relieve Customer of its obligation to pay Charter all amounts due. i Customer shall have the right, at its option and in addition to any other remedies it may have, to (a) Default by Customer. Customer shall be in default terminate any applicable Service Order(s), if the under this Service Agreement in the event that the underlying event of default and/or noncompliance Customer does one (1) or more of the following (each C'BCR v2 :006000000097th3 by Charter is limited to Services provided under the applicable Service Order(s) or this Service Agreement, if such noncompliance is not so limited, provided that Charter's diligent efforts to correct such breach are not commenced and pursued within thirty (30) days after Charter's receipt of a written notice from the Customer describing in reasonable detail the nature, scope and extent of the event of default/noncompliance. If Termination is due to noncompliance by Charter, Charter shall reimburse Customer for any pre -paid, unused Monthly Service Fees attributable to such terminated Service Order(s). In addition, if Termination is due to noncompliance by Charter within one (1) year of the applicable Turn -Up Date, Charter shall pay a Termination Charge, which the parties recognize as liquidated damages, equal to a portion of any One -Time Charge that has already been paid by the Customer to Charter relative to Service at the sites covered by the terminated Service Order. This Termination Charge Charter must pay Customer shall be equal to the product of a) the number of months (or portion thereof) remaining in the initial twelve (12) months of the initial Service Period at the time of Termination and b) a ratio in which the numerator is the total of One - Time Charges paid to date and the denominator is twelve (12). 12. LIMITATION OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY, IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. (a) Limited Warrantv. At all times during the Service Period, Charter warrants that it will use commercially reasonable efforts in keeping with industry standards to cause the Services to be available to the Customer. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS OTHERWISE STATED IN THIS SERVICE AGREEMENT, CHARTER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON - INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING ANY EXPRESS PROVISIONS PROVIDED FOR ELSEWHERE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND /OR FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Any warranty claim by Customer must be made within thirty (30) days after the applicable Services have been performed. Charter's sole obligation and Customer's sole remedy, with respect to any breach of the limited warranty set forth herein, shall be a prorated refund of the fees paid by Customer based on the period of time when the Services are out of compliance with this limited warranty provision. (b) Content Customer acknowledges that any content that Customer may access or transmit through any Service is provided by independent content providers, over which Charter does not exercise and disclaims any control. Charter neither previews content nor exercises editorial control; does not endorse any opinions or information accessed through any Service: and assumes no responsibility for content. Charter specifically disclaims any responsibility for the accuracy or quality of the information obtained using the Service. Such content or programs may include, without limitation, programs or content of an infringing, abusive, profane or sexually offensive nature. Customer and their authorized users accessing other parties' content through Customer's facilities do so at Customer's own risk. and Charter assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content. (c) Damage, Loss or Destruction of Software Files and/or Data Customer agrees that Customer uses the Services and Equipment supplied by Charter at its sole risk. Charter does not manufacture the Equipment, and the Services and Equipment are provided on an "as is basis" without warranties of any kind. Charter assumes no responsibility whatsoever for any damage to or loss or destruction of any of Customer's hardware, software, files, data or peripherals which may result from Customer's use of any Service. Charter does not warrant that data or files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time. (d) Unauthorized Access. If Customer chooses to run or offer access to applications from its equipment that permits others to gain access through the Network, Customer must take appropriate security measures. Failing to do so may cause immediate Termination of C'BCR v2 :006000000097th3 Customer's Service by Charter without liability for 15. COMPLIANCE WITH LAWS. Customer shall not use or Charter. Charter is not responsible for and assumes permit third parties to use the Services in any manner that no liability for any damages resulting from the use of violates applicable law or causes Charter to violate such applications, and Customer shall hold Charter applicable law. Both parties shall comply with all harmless from and indemnify Charter against any applicable laws and regulations when carrying out their claims, losses, or damages arising from such use. respective duties hereunder. Charter is not responsible and assumes no liability for losses, claims, damages, expenses, liability, or costs 16. PRIVACY. Charter treats private communications on or resulting from others accessing the Customer's through its Network or using any Service as confidential computers, its internal network and/or the Network and does not access, use or disclose the contents of through Customer's equipment, and Customer shall private communications, except in limited circumstances hold Charter harmless from and indemnify Charter and as permitted by law. Charter also maintains a Privacy against any such claims, losses, or damages to the Policy with respect to the Services in order to protect the full extent arising from such access. privacy of its customers. The Privacy Policy can be found on Charter's website at www.Charter- Business.com. (e) Force Maieure Event. Customer agrees that Charter Customer represents and warrants that Customer has shall not be liable for any inconvenience, loss, liability read the Privacy Policy and agrees to be bound by its or damage resulting from any failure or interruption of terms. Customer expressly understands and agrees that Services, directly or indirectly caused by the Privacy Policy may be updated or modified from time circumstances beyond Charter's control, including but to time by Charter, with or without notice to Customer. not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or 17. GENERAL CUSTOMER REPRESENTATIONS AND terrorism, criminal, illegal or unlawful acts, natural OBLIGATIONS. Customer represents to Charter that causes, mechanical or power failures, or any order, Customer has the authority to execute, deliver and carry law or ordinance in any way restricting the operation out the terms of this Service Agreement and associated of the Services. Service Orders. Customer also represents that any person who accesses any Services through Customer's 13. INDEMNIFICATION. In addition to its specific equipment or through the Network facilities in Customer's indemnification responsibilities set forth elsewhere in this Premises will be an authorized user, will use the Service, Service Agreement and as permissible under applicable Network and/or Network facilities in an appropriate and law, Customer agrees, at its own expense, to indemnify, legal manner, and will be subject to the terms of this defend and hold harmless Charter and its directors, Service Agreement. Customer shall be responsible for employees, representatives, officers and agents, (the ensuring that all such users understand the Service "Indemnified Parties ") against any and all claims, liabilities, Agreement and comply with its terms. lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Charter Indemnified Parties, The Customer shall be responsible for all access to and including but not limited to, reasonable attorneys' fees and use of the Service by means of the Customer's equipment, court costs incurred by Charter Indemnified Parties under whether or not the Customer has knowledge of or this Service Agreement, to the full extent that such arise authorizes such access or use. The Customer shall be from Customer's misrepresentation with regard to or solely liable and responsible for all charges incurred and noncompliance with the terms of this Service Agreement all conduct through either authorized or unauthorized use and any or all Service Orders, Customer's failure to of the Service, until the Customer informs Charter of any comply with applicable law, and/or Customer's negligence breach of security. or willful misconduct. Charter Indemnified Parties shall Charter expressly prohibits using the Service for the have the right but not the obligation to participate in the posting or transferring of sexually explicit images, material defense of the claim at Customer's cost and Customer inappropriate for minors, or other offensive materials. By agrees to cooperate with Charter Indemnified Parties in signing, Customer expressly acknowledges that Customer such case. will not post or transfer or permit others to post or transfer 14. TITLE. Title to the Equipment shall remain with Charter such materials using the Service. during the applicable Service Period. Customer shall keep 18. NOTICES. Any notices to be given under this Service that portion of the Equipment located on Customer Agreement shall be validly given or served only if in writing Premises free and clear of all liens, encumbrances and and sent by nationally recognized overnight delivery security interests. Upon Termination of Service or service or certified mail, return receipt requested, to the expiration of a Service Orders Service Period for a following addresses: specific site, Charter shall have the right to remove all Equipment components and/or leave any of such If to Charter: components in place, assigning title and interest in such Charter Communications components to the Customer, it being understood that no ATTN: Charter Business further notice or action is required to accomplish the 15100 Trinity Blvd. Ste 500 assignment contemplated hereunder. Charter shall have Fort Worth, TX 75155 the right to remove the Equipment and all components with copies to: within sixty (60) days after such Termination. Charter Communications C'BCR v2 :006000000097th3 ATTN: Legal department Dept: Corporate Operations 12495 Powerscourt drive St. Louis, MO. 63131 and Charter Communications ATTN: CB Corporate — Contracts Management 12495 Powerscourt Drive St. Louis, MO. 63131 If to Customer: City of North Richland Hills - Dispatch Center ATTN: Bob Weakley 7391 NE Loop 829 North Richland Hills, TX 76189 -6949 Each party may change its respective address(es) for legal notice by providing notice to the other party. 19. MISCELLANEOUS. (a) Entire Agreement. This Service Agreement and any related, executed Service Order(s) constitute the entire Agreement with respect to the Services, Network and Equipment. This Service Agreement supersedes all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this Service Agreement. (b) No Amendments. Supplements or Changes. This Service Agreement and the associated executed Service Order(s) may not be amended, supplemented or changed without both parties' prior written consent. (c) No Assianment or Transfer. The parties may not assign or transfer (directly or indirectly by any means, by operation of law or otherwise) this Service Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining written consent from the other party, which consent shall not be unreasonably withheld, provided, however that Charter may assign this Service Agreement and the associated executed Service Order(s) to affiliates controlling, controlled by or under common control with Charter, or to its successor -in- interest in the event Charter sells the underlying communications system, without Customer's consent. (d) Severabilitv. If any term, covenant, condition or portion of this Service Agreement, any related, executed Service Order(s) shall, to any extent, be invalid or unenforceable, the remainder of this Service Agreement, any related, executed Service Order(s), shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law. (e) Section Headings. The section headings are furnished for the convenience of the parties and are not to be considered in the construction or interpretation of this Service Agreement. (f) Governing Law. This Service Agreement and all matters arising out of or related to this Agreement shall be governed by the laws of the State of Texas, without regard to conflicts of law provisions. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS NEGOTIATION. ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND CHARTER EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY. (g) Jointly Drafted. Both parties hereby acknowledge that they participated equally in the negotiation and drafting of this Service Agreement and any related, executed Service Order(s) and that, accordingly, no court construing this Service Agreement and any related, executed Service Order(s) shall construe it more stringently against one party than against the other. (h) No Third Partv Beneficiaries. The parties agree that the terms of this Service Agreement and the parties' respective performance of obligations as described are not intended to benefit any person or entity not a party to this Service Agreement, that the consideration provided by each party under this Service Agreement only runs to the respective parties hereto, and that no person or entity not a party to this Service Agreement shall have any rights under this Service Agreement nor the right to require the performance of obligations by either of the parties under this Service Agreement. (i) Waiver Except as otherwise provided herein, the failure of Charter to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. C'BCR v2 :006000000097th3 CBCR v2 :006000000097th3 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.9 GN 2011 -090 Tarrant Appraisal District Board of Directors - Nominations for Upcoming Election - Resolution No. 2011 -032 Presenter: Mark Mills, Budget Director Summarv: City Council is asked to consider a resolution, nominating candidates for the Tarrant Appraisal District Board of Directors. General Descrir)tion: The term for the Tarrant Appraisal District (TAD) Board of Directors will expire in December 2011 and the District has begun the election process. This process, which will continue into December, will adhere to the following steps: 1. Nominations must be made in an open meeting by the City Council in the form of a resolution no later than October 14, 2011. If Council chooses to nominate one or more individuals for consideration, action will be necessary during the October 10, 2011 City Council meeting. 2. TAD will distribute ballots listing all nominees submitted by Tarrant County taxing units by October 29, 2011. 3. Council would submit votes for the nominee(s) of their choice via resolution by December 14, 2011. The five nominees receiving the largest cumulative vote totals are elected. Board members would then take office for a two -year term beginning January 1, 2012. Should Council desire to nominate individuals for consideration in the election of the Tarrant Appraisal District Board of Directors, it is recommended that Resolution No. 2011 -032 be approved with the nominee(s) written in. Recommendation: Consider a resolution nominating candidates for the Tarrant Appraisal District Board of Directors. M RH RESOLUTION NO. 2011-032 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RIC'HLAND HILLS, TEXAS: WHEREAS, the City Council of the City of North Richland Hills desires to nominate candidates to be considered during the election of the Board of Directors of the Tarrant Appraisal District; and WHEREAS, the City Council recognizes the important of the Board of Directors in providing leadership for the Tarrant Appraisal District; and WHEREAS, the City Council wishes to promote a continued emphasis on fair and uniform appraisals and the efficient operation of the Tarrant Appraisal District; NOW, THEREFORE, SECTION 1. THAT the following are nominated as candidates to serve as a member of the Tarrant Appraisal District Board of Directors during the two year term beginning January 1, 2012: 1. 2. 3. 4. 5. PASSED AND APPROVED this the 1 Oth day of October, 2011. CITY OF NORTH RICHLAND HILLS In F-11 1111*16 Oscar Trevino, Mayor Patricia Hutson, City Secretary r,1 ;J,:t91►►=1 11F-11'2 11911 to] N k►, IF-11 ► I •l I *e'_1 I I Wiii George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Budget Director M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.10 PU 2411 -434 Authorize Payment to Motorola Inc., in the amount of $79,994.85, for required P25 digital flash upgrades to a portion of the radio fleet. Presenter: Sean Hughes, Emergency Management Coordinator Summarv: This item is to authorize payment to Motorola, for $79,945.85 for required P25 digital flash upgrades to 90 Public Safety radios. General Description: Since 1991, the City of North Richland Hills has been part of the Fort Worth Public Safety Radio System. This last fiscal year the Fort Worth City Council approved the upgrade of the radio system to a modern digital system. This upgrade was necessitated due to the age of the radio system and the system can no longer be serviced after 2014. The new digital radio system will be fully operational in December 2014. To continue to be part of the new radio system, a few changes will need to occur to the radio equipment owned by the City of North Richland Hills. One of the changes needed is the addition of flash P25 software to all 254 of the Public Safety radios owned by the City of North Richland Hills. This software is proprietary to Motorola and must be added for the radios to work with the digital system. These 90 upgrades, combined with another 30 upgrades the City of North Richland Hills will receive as part of a regional NCTCOG grant will leave 134 radios to upgrade. The remaining 134 radios will be brought back to the City Council, for consideration, as part of another project. This project is not related to or affected by the Communications and Detention Consolidation Project. Recommendation: Authorize payment to Motorola in the amount of $79,994.85 for required P25 digital flash upgrades to 90 Public Safety radios. MOTOROLA Quote Number: l 27 SEP 201 0 Effective: 27 SEP 1 T6748A Effective To: 26 NOV 2011 Bill -To: Ultimate Destination: NORTH RICHLAND HILLS, CITY OF NORT}1 RICHLAND HILLS, CITY OF P O BOX 826609 7301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76182 NORTH RICHLAND HILLS, TX 76180 United States United States Attention Name:. Sean Hughes Email: shughes@nrhtx.com Contract Number: Fort Worth, City of Freight terms: FOB Destination Payment terms: Net 30 Due Item. Quantity Noineaclsture 1 45 T6748A la 45 Q808AG 1.6 45 Q947AP tc 45 G9%AN Id 45 9361AM le 45 Q32713F 2 45 T6997A 2. 45 G347AC 26 45 G808AA 2c 45 0361AE 2d 43 C996A1 2e 45 W947AP 3 5100 sVCrrsV001151] Total Quote in USD Fort Worth Contract Pricing $79,994.85 PO Issued to Motorola must: >Be a valid Purchase Order (PONContractlNotice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted Have a PO Number /Contract Number & Date Identify "Motorola" as the Vendor Have Payment Terms or Contract Number >Be issued in the Legal Entity's Name Include a Bill -To Address with a Contact Name and Phone Number >Include a Ship -To Address with a Contact Name and Phone Number Include an Ultimate Address (only if different than the Ship -To) Sales Contact:. Name: Bill Kennedy Email: bkennedy@dfwcomm.00m Phone: (817)789 -8610 1lescrlpol List Price Your price Ertanded Price ANALOO SMARTN ET - - ENH: ASTRO DIGITA L CAI OPTION $515.00 5271.35 $12,210.75 ENH: PACKET DATA FOR HTS5000 52W.00 s1o538 54,742.10 Dot: OVER THE AIR PROV1510NiNG 3100.00 $52.69 $2,371.05 ENH: PROJECT 259500 BAUD $300.00 SIS8.07 57,113.15 TRt1NYJN(4 ENH, UPGRADE SMARTNET TO 3400.00 5210.76 S9,484.21D SMARTLONE ANALOG SMARTNCT PACK AGE - - - ENH: SMARTZONE UPGRADE 54110,00 5210.76 S9J847A ENH: ASTRO DIGITAL CAI OPRN 5515 -00 $339.18 315126110 ENH: ASTRO PROILI:r 25 TRUNKINC 5300:00 $158.0 $7,113.15 �eY7FM FNH: OVER THE AIR PROVISIONING 31000 552.69 $2,371,435 Alin: RS2321NTERFAC2 PACKET 3290.00 $10538 $4.742.10 DATA SUBSCRIB2R PROGRA.MM[NO 31.90 V -Do $5,10o90 M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. F.11 PU 2011-035 Authorize Payment, in the amount of $300,004.56, to Motorola for annual public safety radio maintenance agreement Presenter: Sean Hughes, Emergency Management Coordinator Summarv: The annual maintenance agreement for all Motorola Public Safety radios and related equipment is now due in the amount of $300,004.56. General Description: The City of North Richland Hills has shared the maintenance costs included in this agreement with the Cities of Bedford, Euless, Keller, Haltom City, Southlake, Colleyville, Grapevine, Richland Hills and Tarrant County for the past twenty -three (23) years. The City of North Richland Hills pays the amount in full and then is reimbursed $276,694.13 by the other entities for their share of the radio maintenance. The North Richland Hills portion of this contract is $23,310.38. An Inter -local Agreement is in place to facilitate this. The amount of this contract is slightly higher than last year due to Nextel re- banding many of the customer's radios that are part of this system. The re- banding warranties are beginning to expire for the radios that were replaced as part of the project. The Inter -local Agreements that were written to accommodate this contract were implemented in order 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. Fundinq Source 01-8901-532.43-65 $300,004.56 Recommendation: Authorize payment to Motorola in the amount of $300,004.56 for Radio Maintenance Agreement. dft MOrOMOLA SOLUTIONS Atfri Na#oa&f Sendoa SupporMh N 1301 E'as! AlgcnWio Ro.W AW) 2472348 [rte ?�'�IP�iltil Company Name: North Richland Hills, City Of Attn: Billing Address: 7202 Dick Fisher Dr N City, State, Zip. North Richland Hills,TX,7 6180 Customer Contact: Sean Hughes Phone: (817)427.68 69 CITY MODELlOPTION SERVICES (DESCRIPTION * * * ** Recurring Services SVCO2SVC00300 5P -LOCAL REPAIR WITH ONSITE RESPONSE 2 SITE(S) I&ONTHLY EXTENDED EXT AMT $25,000.s6: $300,004.56 SPECIAL INSTRUCTIONS ATrAcfl � Subtotal- Recurring Services STATBAENT OF WORK FOR FEAFORMANCE 0E8MJPTION$ - Subtotal - One -T'une Event $25,000.38 $300,004.56 Services $ .00 .00 Total $25,000.38 $300,"04.55 Taxes - Grand Total $25,00028 $300,004,56 IMF$ SePtV CE Af4001IS SUaXCT TO$TRTE AND LOCp TAXING JLRkSi1fICT10NtS WHERE RFp41CAF3LE:, TO � YE1iIF�A 9Y lil(]TORLYA. tl Subcontractor {s) city Slate I DFV.' CCMMUNECATI0NS ING iRVIN(i TX I received Statements of Work that describe the serv provided on this Agreement. Motorola's Service Terms and Conditions. a copy of which is attached to this Service Agreement, Is incorporated herein by this reference. AUffkORIZE0 GOSTOIv1ER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) .....: _..._. ....._._...._...__....fs7.=°z X17 r f EUIOT IR LA Ft�EPRESEN� ATIV 51C,NATt1REY TITLE CIATE MOT BOLA REPRESENTATIVE(PRINT NAME) PHONE SERVICES AGREEMENT Contract Nurnber: SOOU01003088 Con"-act Modifier: RNO2- ,3UL -11 07:43:55 Required P.O.: N No Customer # : 1 1000720707 Company Name:North Richland Hits, City Of Contract Number. SO0001003088 Contract Modl €ler: PNO2- JUL -11 07:43:55 Contract Start Date: 10/01/2011 Contract End Date: 09W2012 Service Terms and Conditions Motorola Solutions Inc. ( " Moto rola "} 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 wdi provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and C ❑nd3tions; the cover page for the Service Agn errant or the Installation Agreement, as applicable; and any other attachments, all of which are incorpOfated herein by this reference. In interpreting Ihis Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment' means the equipment that is specified in the attachments or is subsequently added fo this Agreement. 2.3. "'Services" means those installation, maintenance, support, training, and otfw 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 becomes binding only when accepted in writing by Motorola. The term of this Agreement begins 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 document attached to this Agreement At Customer's request, Motorola rnay also provide additional services at Motorola's thet, applicable rates for the 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 manufacture's product manuals; and routi ne service procedures that are prescribed by Motorola will be followed. 4.11 f Customer purchases from Motorola additional equipment that becomes part of the sama system as the initial Equipment, the additional equipment may he added to this Agreement and will be billed at the applicable fates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment i; added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and mocel number Iist of the Equipment. Customer must promptly notify Motorola in writing when any Equipment Is lost, lama gad, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the 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 reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove Ihat Equipment from the Agreement; or increase the price to Service that Equipment 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a man ner consiste nt with the level of Service purchased as indicated in this Agreement Section S. EXCLUDED SERVICES 5_1 . Service axcludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, fntended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, fiquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excl udes items that are consumed in the nonroI operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips. battery chargefs, 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 m u I ti coupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the Internet or the worldwide web or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provlded 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 adequate shelter, heat, Iighit, and power and with full and free access to the Equipment Waivers of IiabiCty from Motorola 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 ntcrfacing so that Motorole may perform its Sery ices. Unless otherwise stated in this Agreement, the hours of Service will be 13.30 a,m. to 4:30 p. m., local time, excluding weaken ds and holidays. Unless otherwise stated 1n this Ag fee rnent,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 Serviees,Customer agrees to reimburse Motorola for those 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 malntain contact, as needed, with Motorola. Section S. PAYMENT Unless alternative payment terms are sued In this Agreement. Motorola will invoice Customer in advances foreach payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S_ dollarswithin twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of 5ery Ices rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9. WARRANTY Motorola warrants that its Servlces under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. in the event of a bream of this warranty, Customer's sole remedy is to require Motorola to re- perform the non - conforming Service or to refund, on a pro-raw basis,. the fees paid for the non- oonforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULTITERMINA11ON 10.1. If 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 wiII have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin 'mp :t?menfing the cure plan immediately after plan approval. If the non - performing party fails to provide or implement IN. cure plan, then the injured party, in addition to any other rights available to if under law, may immediately terminate this Agreement 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 incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer 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 Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, orotherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (112) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBIIJTY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT 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 OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for owtract breach or otherwise reiating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of trfe cause of action, except for money due upon an open account.This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 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 . Customer agrees to reference this Agreement an any purchase order issued in furtherance of this Agreement, however, an omisslon of the reference to this Agreement will not affect its applicabi f lty. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; dearly indicate the Intention of both partias to override and modify this Agreern nt; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement wilt 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 Motorola's written permission or as required by law, any confidential Information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical Information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have rto obligation to provide Customer with access to its oonfidential and proprietary information, including cost and pricing data. 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 arty intelectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14, FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for abtalning licenses a other authorizations required by the federal Communications Commission or any other federar, state, or local government agency and for complying with at rules and reguiatlons required by govemmental agencies. Neither Moto ru a nor any of its employees is an agent or representative of Customer in any governmental matters Section 15. COVENANT NOT TO EMPLOY (luring fhe 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 suboontractors without the prior written authorization of Motorola. This provision applies only to those anip loyees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for time purpose of this Agreementwill be and remain the sale 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 this property, and return it to Motorola upon request. This properly 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 terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State In which the Services are performed 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 performance resulting from any causes that are beyond that party's reasonable control, such as Strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work,but subcontracting will not relieve Motorola of its duties under this Agreement_ 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably with held. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding 'he foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the every: Motorola separates one or more of its businesses (each a"Separated Business "),whether by way of a sale, establishment of a joint venture, spin -off or otherwise (each a " Separation Event "), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event 17.7. 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 WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OFTHAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination orexpiration of this Agreement, the terms and conditions in effect at the Urn of the termination or eviration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effecOve hourly rates. Revised Jan 1, 2010 MOTOROLA SOLUTIONS Statement of Work Prepared For NORTH RICHLAND HILLS, CITY [ OF Wj��C Rz** PR. o -dS— Gm 00ier&�rc d. 3— xrDiwxio, w" Rev. 2q1/11 These are the terns and conditions far 'the 201 -2012 contract and are same terms and conditions under the current 2010 -201 1 con fact. NORTH RICHLAND HILLS RF CONSORTIUM MAINTEN AGREEMENT TERMS & FEATURES 1. Unlimited repair and check out of covered units, 2. Reprogramming of Subscriber Units (Le. Mobiles, Portables & control Stations) is based on the following criteria: (a.) Deprogramming is covered only when radios are repaired, and the repair requires a unit to be programmed using an existing template. 3. Preventive Maintenance check of system onetime per year to be scheduled by the customer. 4. Any change in the budgetary figure for contracts needs to be communicated in writing to all users prior to Feb 28 of the year the new contract will begin. The Consortium's exclusive monthly price for basic subscriber coverage for contract period of 2011 -2012 is minaining at $5.88 per unit. To the subscribers monthly per unit cost of $5.88 you will need to add the price shown below for the batteries you choose to coves under this agreement. (Pricing is per unit. per month and does not include portable batteries). (Example: $5.88 + NTN9815 $ 4.99 = $10.87 per unit per month) NITS 2000 NTN 7143CR $110 NTN 7144 $2.10 0 I NG11 NTN 9815 $4.99 NTN 9815 $4.28 NTN 9858 $5.33 NTN 9857 $7.17 WISOM NTN 9815 $499 NTN 9816 $4.28 NTN 9859 $5.33 NTN 9857 $7.17 NNTN 6263 $4.11 XIS 3000/350015000 FINN 9031 $9.01 HNN 9032 $10.93 NNTN 4435 $10.58 NNTN 4436 $1I.66 NNTN 4437 $12.24 NNTN 6034 $13.56 NTN 8297 $10.93 NTN 9862 $1113 RNN 4006 $10.93 RNN4007 $13.13 NTN 8294E $4.37 NTN 8297A $6.65 5. Prices are per unat/per month, and include parts and labor. Definition of covered or uncovered items is: (a) Radio housing, antenna, single unit charger and internal components are covered. (b) Remote speaker raicrophones may be added as on option by any member of consortium for $3.15 per unit per month. 6. Units that are physically abused, or water damaged will be. covered up to $150.00 of the combined parts and labor costs necessary to repair, Additional costs will be billed directly from the local service provider at an exclusive to Consortium customer rate of $105.00 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 these items are found to be defective. 8. Based on the wide variety of batteries being used by Consortium members today, we will no longer replace 50% of the total subscriber count. Each Consortium member must provide a predetermined quantity of replacement batteries they choose to have covered during the contract period and provide a predetermined selection of which battery part number they choose to have covered under this agreement. Each battery part number is individually priced as explained above in line item 4. Battery Maintenance as part of this agreement is defined as replacement of'defective batteries that you have chosen to cover. The exchange will be one for one. Each covered defective battery brought in for replacement will be exchanged for a new battery (same parr number as the defective battery only). Batteries will only be i9eplaced after analysis at the DFW depot determines they are bad or defective. Batteries will be deemed replaceable when they are found to perform at less than 80% capacity. 4. All repairs will be performed $:00 am to X4:30 PM, Monday through Friday, except where noted otherwise (excludes weekends and holidays). 117. Pick up and delivery of subscriber portable units will be on demand, not to exceed two (2) calls per week, Allow twelve (12) business hoots response tune. 11. Fire and Ambulance mobile radios can be serviced at customer location Monday - Friday 8:00 - 4:30 (excludes Dave Clark, SetCom, and/or other apparatus equipment). All other mobiles must be serviced at one of three area Motorola Service Stations. 12. histallation and removal services to be addressed and quoted on an individual basis. 13. Repair time of subscriber units (i.e. mobiles, portables, and control stations) shall not exceed five (5) working days, without notification of any parts backordered and/or other delays. Radios no longer supported by Motorola, such as analog Spectra will be serviced locally based on parts availability. 14. Motorola Customer Support Manager will be responsible for working with the customer's contract administrator, to track, update, and adjust equipment inventory as changes occur. 15. Above contract wort[ will be performed at an exclusive to Consortium customer rate of $105.00 per hour, plus parts. 15. ,Discounts will be applied for annual payment of contract received in advance (discount rates to be determined at each contract renewal). 17. Telephone consultation and support will be provided by DFW Communications at no additional. 18, Console Operator Positions are $183.75 per operator position. 19. Central Electronic Sank Equipment will receive full 24X7 coverage during the contract period. 20. Control Stations are permanent installations and have not been treated as mobiles, as the contract intended. Repairs have been consistently made at the customer location. Control Stations will be offered at a billing rate of $15.75 per month. Progratntning will continue to be offered per the original contract terms, when taken to any of DFW Communications three (3) service Locations. 21. Time &. Material rates for non - contract items are as follows: Nornnal Business Hours. $105.00 per hour plus parts. There is a trip charge of $85.00 for each call out. Hourly rate begins upon arrival at customer location. After Hours $157.50 per hour plus parts, with a minimum charge of 4 hours. There is no trip charge incurred. Hourly rate begins from point of origin. 22. To clarify the repair on XTS. submersible intrinsically safe radios, the seals on X 1 S submersible radios are guaranteed for one (1) year from date of purchase only. Seal failure will not be considered physical damage, unless there is apparent physical damage to the radio that caused the seal to fail. North Richland Hills Consortium Budget for Coverage Period: October 1, 2011 to September 30, 2012 Unit Cast Par Tats POF Number of Annual Cost Month momh Months Subscdber count tonal 2302 Redford 123 Subscribers $ 588 $ 723.24 12 $ 8,678.85 2091 Pro -Rated Warranty Subscribers(MTS2WO Replacements) $ 5.85 S 1,228.92 0 $ MT3200DIXT830ODNC92000 Subscribers $ 486 $ - 12 $ 0 NTN 7143 $ 2.10 $ 12 $ 0 NTN 7144 $ 2.10 s 12 $ 0 HNN9028AR (new for MTS2000) $ 2.89 $ 12 $ 0 HNN9049A (new for P1225) $ 236 $ 12 5 0 NTN 8294B $ 4.37 $ 12 $ 0 NTN 647A $ 6.65 $ 12 5 0 NTN 9816 $ 428 $ 12 $ 0 NTN 9857 $ 7.17 $ 12 $ 0 HNN 9031 $ 9.01 $ 12 $ 0 NNTN 4435 $ 10.''.,-8 $ 12 $ 0 NNTN 4436 $ 12.24 $ 12 $ 0 NNTN 4437 $ 1268 $ 12 $ 0 NNTN 6034 $ 13.56 $ 12 $ 0 NTN 8297 $ 10.93 $ 12 $ 0 NTN 9862 $ 1113 $ 12 $ 0 RNN 4006 $ 10.93 $ 12 $ 0 RNN 4007 $ 13.13 $ 12 $ 0 NTN 9815 $ 4.99 $ - 12 $ - 0 NTN9858 $ 5.33 $ 12 $ 0 NNTNKE;3 $ 4.11 $ 12 $ 0 HNN W32 $ 10.93 $ 12 $ 0 Warranty Subcribem $ 4,20 $ - 12 $ 3 Consoles $ 183.75 $ 551.25 12 $ 6,615.00 15enei $ 183.75 $ 183.75 12 $ 2,205.00 9 Control Stations $ 15.75 $ 141.75 12 $ 1,701.00 5 N rN t 177 Multi Chargers $ 6.30 $ 31.50 12 $ 378.00 6 L650A DDT 90D0 Remotes $ 263 $ 15.78 12 $ 189.38 4 L1474 DC Remotes $ 263 $ 10.52 12 $ 126.24 2 TDN9430BatteryConditioner $ 6.36 $ 12.60 12 $ 1551,20 1 Net Clock $ 183.75 $ 183.75 12 $ 2.205.00 13 Com Server Switch $ 39.90 $ 39.90 12 $ 478.80 T CSUr, $ 39.38 $ 275.66 12 $ 3,307.92 Total $ 26,03646 Eukas 176 Subscribers $ 5.88 $ 1,034.86 12 $ 12,418.56 50 Pro-Rated Warranty Sugxnbers(MTS2000 Replacements) $ 588 $ 294.00 4 $ 1,176.00 701P,.Rated Warranty Subsorlbsr8(MT52000 Replacements) $ 5.88 $ 411.50 9 $ 3,704.40 MTS2000IKTS30001MCS20W Subscribers $ 4.68 $ 12 $ - 0 NTN 7143 $ 2.10 $ 12 $ 0 NTN 7144 $ 2.10 $ 12 $ 0 NTN 62948 $ 4.37 $ 12 $ 0 HNN9028AR (newforMTS20o0) $ 2,89 $ 12 $ 0 HNN9049A (new for P1225) $ 2.36 $ 12 $ 0 NTN 8297A $ 6,85 $ 12 $ 0 NTN 9818 $ 4.28 $ 12 $ 0 NTN 9857 $ 7.17 $ - 12 $ _ 0 HNN 9031 $ 9.01 $ 12 $ 0 NNTN 4435 $ 10.58 $ 12 $ 0 NNTN 4436 $ 12.24 $ 12 $ 0 NNTN 4437 $ 1208 . $ 12 $ 0 NNTN $034 $ 13.56 $ 12 $ 0 NTN 8297 $ 10.93 $ 12 $ 0 NTN 9862 $ 13.13 $ 12 $ 0 RNN 4406 $ 10.93 $ 12 $ - 0 RNN 4007 $ 13.13 $ 12 $ 0 NTN 9815 $ 499 $ 12 $ _ 0 NTN9558 $ 5.33 $ 12 $ 0 NNTN8263 $ 4.11 $ 12 $ 0 HNN 9032 $ 10.93 $ 12 $ 0 Warranty Subcribers $ 420 $ 12 $ 3 Cullsoles $ 183.75 $ 551.25 12 $ 6,615.00 i8 Ccmtrol Stations $ 15.75 $ 283.50 12 $ 3,402,00 1 MIR 2000 Siren base Station $ 126.00 $ 126.00 12 $ 1,512.00 1 HP Sencr Switch 3 39.90 $ 39.90 12 $ 47880 1 1JD8 Modern $ 16.80 $ 16.80 12 $ 201.60 1 Net Cluck $ 183.75 $ 183.75 12 $ 2,205.00 1 esu $ 39.38 $ 3938 12 $ 47256 Total $ 32,185.82 Keller 153 Submlbers $5.68 $ 899.64 12 $ 10,795.88 jPro -Rated Warranty Subacribers(MTS2000 Replacements) $ 5.88 $ 6 MTS20=XTS3DDOtM=G00 Subscribers $ 4.88 5 12 $ 0 NTN 7143 $2.10 $ 12 $ . 73 NTN 7144 $2.10 $ 153.30 12 $ 1,839.60 U HNN9028AR (newforMT620DD) $ 2.89 $ 12 $ 0 HNN9049A (new tor P 1225) $ 2.36 $ 12 $ 0 NTN 82948 $4,37 $ 12 $ 1 NTN 8297A $666 $ 6.65 12 $ 79.80 0 NTN 9616 $4.28 $ 12 $ 0 NTN 9857 $7.17 $ 12 $ 0 HNN 9031 $5.01 $ 12 $ 0 NNTN 4435 $10.58 $ 12 $ 0 NNTN 4436 $12,24 $ 12 $ 33 NNTN 4437 $12.66 $ 418.44 12 $ 6,021.28 0 NNTN 6034 $13.56 $ - 12 $ D NTN 8297 $1 D.93 $ 12 $ 0 "!TN 9662 $13.13 $ 12 $ 0 3NN 4DD8 $10.93 $ 12 $ 0 Rr;N 4QD7 $13.13 $ 12 $ - 47 N1 N 9815 $4.99 3 234.53 12 $ 2,814.36 4 NTM,858 $5.33 $ 12 $ 0 NNTN6263 $4.11 $ f2 $ 0 HNN 9032 $10.93 $ 12 $ 0 Warranty Subaibers $4.20 $ 12 $ - a unsol $183.75 $ 918.75 12 S 11,025.00 1 Server $183.75 $ _183.75 12 $ 2,205.00 9 Control Stations $15.75 $ 441.75 12 $ 1,701.00 1 Knox Box Encoder $12.60 $ 12.60 12 $ 15120 1 Vextrac UHF Base $28.35 $ 28.35 12 $ 340.20 2 CSU's $39.35 $ 78.76 12 $ 945.12 1 Net Clock $183.75 $ 183.75 12 $ 2,205.00 2 3 Com Server Svntch $39.90 $ 79.80 12 $ 957.60 2 BDA $60.00 $ 12120 12 $ 1,461.00 1 Spectra RF Madan $30.90 $ 39.90 12 $ 478.60 Total $ 42,021.24 Haftm city 165 Subscribers $5.88 $ 1,087,80 12 $ 13,053.50 Pro -Rated Warranty S4bscnber*MTS20W Replacements) $ 5.88 $ $ MTS200=TS3000iMCS2000 Subsorlbers $ 4.88 $ 12 S 0 NTN 7143 $2.14 $ 12 $ 0 NTN 7144 $2.10 $ 12 $ 0 NTN 8294B $4.37 $ 12 $ 0 NTN 8297A $6.55 $ 12 $ 0 NTN 9816 $4,28 $ 12 $ I'I PNN902BAR (new forMTS2000) $ 2.59 5 12 $ 0 H1g149049A (new for f 1225) $ 2.36 $ - 12 $ - 0 NTN 9857 $7.17 $ - 12 $ - 0 HNN 9031 $9.01 $ - 12 $ 0 NNTN 4435 $1048 $ 12 $ 0 NNTN 4436 $12.24 $ 12 0 NNTN 4437 $12.68 $ 12 $ 0 NNTN 6034 $13.56 $ 12 $ 0 NTN 8297 $10.93 $ 12 $ 0 NTN 98$2 $13.13 S 12 $ 0 RNN 4006 $10.93 $ 12 $ 0 RNM 4007 $13.13 $ 12 $ 0 NTN 9815 $4.99 $ 12 $ 0 NTN9859 $533 $ 12 $ 0 NNTN6263 $411 $ 12 $ 0 FINN 9032 $1093 $ 12 $ 0 Warranty Subcd bars $4.20 $ 12 $ - 3 ConWas $183.75 $ 551.25 12 $ 6,615.00 0 SIP $52.50 $ - 12 $ 14 CoMro{ Stations $15.75 $ 220.50 12 $ 2,646.00 Total $ 22,314.60 Saud lake 147 Subscribers $ 5.88 $ 864.36 12 $ 10,372.32 9j Pro- Rated Warranty Subwlbers(MTS2000 Replacements) $ 5.88 $ 488:04 $ 1,962.16 MTS2000/XTS3000ANCS2000 Subscribers $ 4.88 $ 12 $ 0 Subscribers for parks $ 13,99 $ 12 $ 0 NTN 7143 $ 110 $ 12 $ 0 NTN 7144 $ 2,1C $ 12 $ 0 HNNS028AR (new far MTS2000) $ 259 $ 12 $ 0 HNN9049A (new for P1225) $ 2.36 $ 12 $ 0 NTN 8294E $ 4.37 $ 12 $ _ 0 NTN 8297A $ 6.65 5 12 $ CupeYilfe 0 NTN 9$16 $ 428 $ 12 $ 0 NTN 9857 $ 7.17 $ 12 $ 0 HNN 9031 $ 9.01 $ 12 $ 0 NNTN 4435 $ 90.58 $ 12 $ 0 NNTN 4436 $ 1224 $ 12 $ 0 NNTN 4437 $ 12.68 $ 12 $ 0 NNTN $034 $ 13.56 $ 12 $ 0 NTN 8297 $ 10.93 $ 12 $ 0 NTN 9682 $ 1313 $ _ 12 $ 0 R N N 4006 $ 10.93 $ 12 $ 0 RNN 4007 $ 13.13 $ 12 $ 0 NTN 9615 $ 4.99 $ 12 $ 0 NTN9856 $ 5.33 $ 12 $ 0 NNTN6263 $ 4.11 $ 12 $ 0 HNN 9032 $ 10.93 $ 12 $ 0 WareantySub OWrs $ 4.20 $ 12 S 3 Control Stations $ 15.75 $ 76.75 12 $ 945.00 1 Radius OM3000 Control Station $ 28.35 $ 28.35 12 $ 34020 2 Remotes, 1 fire, 1 PD $ 21.00 $ 42.00 12 $ 50400 1 Tone Remote Interfacc $ 13.65 $ 13.69 12 $ 163.80 1 N TR2000 Repeater $ 126.00 $ 126.00 12 $ 1.512.00 Total S 16,780A8 126 Subscribers $ 5.88 $ 74035 12 $ 8,890.56 Pro-Rased Warranty Subscribers(MT52000 RepIacemera s) $ 5.86 $ - 1� $ MTS2000fAT530001MCS2000 Subscribers $ 4.88 $ 12 $ 0 NTN 7143 $ 2.10 $ 12 $ 0 NTN 7144 $ 2.10 $ 12 $ 0 HNNO028AR (newforMT52000) $ 2,89 $ 72 $ 0 HNN9049A (new for P1225) $ 2.38 $ 12 $ 0 NTN &2946 $ 4.37 $ 12 $ 0 NTN 8297A $ 6165 S 12 $ 0 NTN 9516 $ 4.28 $ 12 $ A N TN 9857 $ 7.17 $ 12 $ 0 HNN 9031 $ 9.01 $ 12 $ - 0 NNTN 4435 $ 10,55 $ 12 $ 0 NNTN 4436 $ 12.24 $ 12 $ 0 NNTN 4437 $ 12,68 $ 12 $ 0 NNTN 6M4 $ 13.56 $ 12 $ - 0 NTN 8297 $ 10.93 $ - 12 $ 0 NTN 9882 $ 13.13 $ - 12 $ - 0 RNN 4005 $ 10.93 $ 12 $ 0 RNN 4007 $ 13.13 $ 12 $ 0 NTN 9815 5 4.99 $ 12 $ 0 NTN9856 $ 5.33 $ 12 $ 0 NNTN6263 5 4.11 $ 12 $ 0 HNN 9032 5 10.33 $ 12 $ 13 Warranty Subcribers 5 4.20 $ 54A0 12 5 856,20 0 Consoles $ 183.75 $ 12 $ 0 Server S 163.75 $ 12 $ 8 Control Stations $ 15.75 $ 128.00 12 $ 1,512 -00 0 Net Cluck $ 183.75 $ 12 $ 6 3 Cam Server Switch $ 35.90 $ 12 $ 0 Radius UF14 Control Station 5 15.75 $ 12 $ Total S 11,067,76 Gimpevine $3 Subscribers S 5,88 $ 370.44 12 $ 4,445.28 1031 Pro -Rated Warranty Subw0bers(MT52000 Rapiacementa) $ 5,88 $ 805.64 C] $ 3.633.84 MT920DQIXTS30001MCS2000 Subscrbers $ 4.88 $ - 12 $ 30 MW B00 Date Units $ 39.90 $ 1,197.00 12 $ 14,364.00 0 NTN 7143 $ 2.10 $ - 12 $ 0 NTN 7144 $ 2.10 $ 12 $ 20 NTN 82948 $ 4.37 S 87.40 12 $ 1,048.8[} 0 HNN902BAR (new for MTS2000) $ 2.89 $ 12 $ 0 HNN9049A (new for P1225) $ 236 $ 12 $ 0 NTN U97A $ 6.65 $ 12 $ 0 NTN 9816 $ 4.28 $ 12 $ 0 NTN 9857 $ 7.17 $ 12 $ 0 HNN 9031 $ 9.01 $ 12 $ 0 NNTN 4435 $ 10.53 $ - 12 $ _ 0 NNTN 4436 $ 12.24 $ 12 $ 20 NNTN 4437 $ 12.68 $ 253,60 12 $ 3,043.20 0 NNTN 6034 $ 13.56 $ - 12 $ 0 NTN $297 $ 10.93 $ - 12 $ - 0 N:TN 9862 $ 13.13 $ - 12 $ D RNN 4008 $ 1093 $ 12 $ 0 RNN 4007 $ 13.13 $ - 12 $ _ D NTN 9815 $ 4,99 $ 12 $ 25 NTN9858 $ 5.33 $ 133.25 12 $ 1,599.00 0 NNTN6263 $ 411 $ - 12 $ 0 HNN 9032 $ 10.93 $ 12 $ 0 Warranty $ubcrlbers $ 420 $ 12 $ 5 Consoles $ 18375 $ 918.75 12 $ 11,025.00 13 Control Stations $ 15.75 $ 204.75 12 S 2,467.00 1 Server $ 183.75 $ 183.75 12 $ 2,205.00 1 MTR 20W Intercity Base $ 128.00 $ 126,00 12 $ 1,512.00 1 � Coin Set er Switch $ 39.90 $ 39.90 12 $ 478.50 1 Net Clack $ 183.75 $ 183,79 12 $ 2,205.00 I MSF5000 Weather Base $ 128.00 $ 126.00 12 S 1,512.(%1 Total 5 40,6;!8 -02 RJeWand Hilts 66 Subscribers $ 5.86 $ 388.06 12 S 4,656.95 Pro -Rated Warranty Subscribers(MTS2000 Replacements) S 5.88 $ - $ _ MTS20MIXT530001M082000 Subscribers $ 4.86 $ 12 $ 0 NTN 71433 $ 2.10 $ 12 $ 0 NTN 7144 $ 2.10 $ 12 $ 0 HNN902BAR (newforMTS2000) $ UD $ 12 $ 0 HNN9049A (new for P1225) $ 2.38 $ 12 $ - 0 NTN :32946 $ 4.37 S 12 $ 0 NTN 8297A $ 6.85 $ 12 $ 0 NTN 9816 $ 4.28 3 12 $ 0 NTN 9857 $ 7.17 $ 12 $ 0 HNN 9031 $ 9,01 $ 12 5 0 NNTN 4435 S 10.58 $ 12 $ 0 NNTN 4436 $ 12.24 S 12 $ 0 NNTN 4437 $ 12.68 $ - 12 $ .. 0 NNTN 6034 $ 13.56 $ 12 $ 0 NTN 8297 $ 10.93 $ - 12 $ - 0 NTN 9862 $ 13.13 $ 12 $ 0 RNN 4008 $ 10.93 $ 12 $ 9 RNN 4007 $ 13.13 $ 12 $ 0 NTN 9815 $ 4.99 $ 12 3 0 NTM858 $ 5.33 $ 12 $ 0 NNTN6203 $ 4.11 $ 12 $ 0 HNN 9032 $ 10.93 $ 12 $ 0 Warranty Subcrlbers $ 4.20 $ 12 $ 2 Consoles $ 183.75 $ 367.50 12 $ 1 SIP $ 52,50 $ 52.50 12 $ 7 Control Stations $ 15.75 $ 110.25 12 $ Total $ North Rkddand Hills 25$ Subscrbers $ 5.88 $ 1.493.52 12 5 11'ro-Rated Warranty Subschbara(MTS2000 Replacements) $ 5.88 $ - =J $ MT8200(JIKTS30001MG92000 Subscribers $ 4.88 $ 12 0 NTN 7143 $ 2.10 $ 12 $ 0 NTN 7144 $ 2.10 $ 12 $ 0 NTN 8294B $ 4.37 $ 12 $ 0 NTN 8297A $ 6.6 $ 12 $ 0 HNN902BAR (new forMTS2000) $ 2.89 $ 12 $ 0 HNND049A (new for P1225) $ 2.36 $ 12 5 0 NTN 9816 $ 4.28 $ 12 $ 0 NTN 9&57 $ 7.17 $ 12 $ 0 HNN 9031 $ 9.01 $ 12 $ 0. NNTN 4435 $ 10.58 s 12 $ 0 NNTN 4438 $ 12.24 $ 12 $ 0 NNTN 4437 $ 12.68 $ 12 $ 0 NNTN 6034 $ 13.56 $ 12 $ 0 NTN 8297 $ 10.83 $ 12 $ 0 NTN 9862 $ 13.13 $ 12 $ 0 RNN 4006 $ 10.93 $ 12 $ 0 RNN 4007 $ 13.13 $ 12 $ 0 NTN 9815 $ 4.99 $ 12 $ 0 NTN9858 $ 5.33 $ 12 $ 0 NNTN6263 $ 4,11 $ 12 $ 0 HNN 9032 $ 10.93 $ 12 $ 0 Warranty Subcribers $ 4.20 $ 12 $ 3 Coo soles $ 183.75 $ 551.25 12 $ 0 control Stations $ 15.75 $ 12 3 4,410.00 630.00 1,323.00 11,019.96 17,92224 S,B15,0p Wesdake 0-subscribers $ 5.88 $ 12 $ - P- Ratert Warranty 5ubscribera(WSM00 Repiacements) $ 5.86 $ $ Total $ 24,537.24 Tarrant county SherH1 9% Subscribers $ 5.88 $ 5.856.48 12 $ 70,277.76 IP-RaW Warranty Subscribers(MTS2000 Replacements) $ 5.88 $ L._ v 1 $ MTs2000lXT530OaWS2004 Subscribers $ 4.88 $ 12 $ 0 NTN 7143 $ 2.10 $ 12 $ 0 NTN 7144 $ 2.10 It - 12 $ _ 0 HNN9028AR (newforMT52000) $ 2.89 $ 12 $ D HNN9049A (new for P1225) $ 236 $ - 12 $ 0 NTN 62946 $ 4.37 $ 12 $ 0 NTN 8297A $ 8.65 $ 12 $ 0 NTN 9816 $ 4.28 $ - 12 $ 0 NTN 9857 $ 7.17 $ 12 5 0 HNN 9431 $ 9.01 $ _ 12 $ 0 NNTN 4435 $ 10.58 $ 12 $ 0 NNTN 4,115 $ 1224 $ 12 $ 0 NNTN 4437 $ 12.68 $ 12 $ 0 NNTN 6034 $ 13.56 $ 12 $ 0 NTN 8297 $ 10.93 $ 12 $ 0 NTN 9H62 $ 13.13 $ 12 $ _ 0 RNN 4006 $ 10.93 $ 12 $ 0 RNN 4007 $ 13,13 $ 12 $ 0 NTN 9815 $ 4.99 $ 12 $ 0 NTN9856 $ 5.33 $ 12 $ 0 NNTN6263 $ 4.11 $ 12 $ 0 HNN 9032 $ 10.93 $ 12 $ 0 Warranty subscribers $ 4.20 $ 12 $ 0 Control Stations $ 15.75 $ 12 5 Consoles $ 18375 $ 918.75 12 5 11,025.00 Total $ 01,302.76 Wesdake 0-subscribers $ 5.88 $ 12 $ - P- Ratert Warranty 5ubscribera(WSM00 Repiacements) $ 5.86 $ $ MTS2DC101XTS3DJ&MCS2000 Suhscrlbera $ 4.88 $ 12 $ 0 N'TN 7143 $ 2.10 $ 12 $ 0 HNN902BAR (newforMT$2000) $ 2,69 $ 12 U HNN9049A (new for P1225) $ 2.36 $ 12 $ 0 MTN 7144 $ 2.10 $ 12 $ 0 NTN 82946 $ 4.37 $ 12 $ 0 NTN 8297A $ 5.65 $ 12 $ 0 NTN 9618 $ 4.28 $ 12 $ 0 NTN 9857 $ 7.17 $ 12 $ 0 HNN 9031 $ 9.01 $ 12 $ 0 NNTN 4435 $ 10.56 $ 12 $ 0 NNTN 4436 $ 12.23 $ 12 $ 0 NNTN 4437 $ 12.55 $ 12 $ 0 NNTN 5034 $ 13.56 $ 12 $ 0 NTN 8297 $ 10.93 $ 12 $ 0 NTN 9852 $ 13.13 $ 12 $ 0 RNN 4006 $ 10.93 $ 12 $ 0 RNN 4467 $ 13.13 $ 12 $ 0 NTN 9915 $ 4.99 $ 12 $ 0 NTN9658 S 5.33 $ - 12 $ - 0 NNTN6263 $ 4.11 $ 12 $ 0 HNN 9032 $ 10.93 $ 12 $ 0 Warranty Subscribers $ 4.20 $ 12 S 0 Umtrol Stations $ 15.75 $ 12 $ 0 Consules $ 183.75 $ 12 $ Total $ Total Discount Amt Disc. Total t3etltord $ 26,036.40 7182 $ 24,734.58 Euless $ 32,185,92 :y 1,1 $ 30,578.62 Keller $ 42,021.24 5 <,10106 $ 39,920,18 Haltom City $ 22,314.60 5 1,115.73 $ 21,198.87 Southiake $ 15,789.48 $ 78947 $ 15,000.01 Colleyville $ 11,057.78 $ 552$9 $ 10,504.87 Grapevine $ 49,528.92 $ 2,476.45 $ 47,052.47 Richland Hills $ 11,019.96 $ 551.00 $ 10,466.96 North Richland Hills $ 24,537.24 $ 1,228,28 $ 23,316.38 Tarrant County $ 81,302.76 3 4,On5.1d $ 77,237.62 Westlake $ _ $ $ - Total $ 515,794.28 $ 15,7E r l $ 30,0"67 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject: Agenda Item No. H.1 Announcements - Councilman Rodriguez Presenter: Councilman Tito Rodriguez Announcements North Richland Hills is proud to be the home of the Texas Brahmas hockey team! The Brahmas will play their first home game of the 2011 -2012 season on October 22nd at the NYTEX Sports Centre located at 8851 Ice House Dr. For a complete game schedule and more information about the Brahmas, visit brahmas.com or call 817 -336 -4423. On Saturday, October 22 residents can get rid of brush, old furniture and other unwanted bulky items. The items may be dropped off from 9 a.m. to noon at the Tarrant County College Northeast Campus in Parking Lot E.1 by the tennis courts. Proof of residency must be presented. Goodwill Industries will be on site to collect donations. Small electronics and aluminum cans may also be dropped off for recycling. For more details, please call 817 - 427 -6663. The third Saturday of each month is "Garden Work Day" at the Common Ground Community Garden. Stop by between 8:30 a.m. and noon to share your gardening experiences and learn about what's happening at the Common Ground Community Garden. The garden is located at 5301 Davis Blvd. For more information, please call 817- 427 - 6670. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Gary Bechthold & Staff, Parks Department — A resident called to thank the parks staff for their excellent job maintaining Linda Spurlock Park. "!t is the best kept park in the State of Texas," the resident said. As a citizen of North Richland Hills, he is very proud and appreciative of that. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -10 -2011 Subject Agenda Item No. H.Z Adjournment