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Home My WebLink AboutCC 2011-05-23 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 23, 2011 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 2011 Youth Advisory Committee Project Proposal - Special Needs Park (15 Minutes) A.3 Consider Establishment of CIP Task Force (20 Minutes) A.4 Proposed Revision to Noise Ordinance (20 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) 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 May 20, 2011 at L�'� p.m. !` ssistan 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 — May 23, 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, May 23, 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 - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 GN 2011 -039 Canvassing May 14, 2011 City Council Election - Resolution No. 2011- 025 A.4 Special Presentation(s) and Recognition(s) - Recognition of Outgoing Council Member John Lewis A.5 GN 2011 -040 Oath of Office A.6 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.7 Removal of Item(s) from Consent Agenda City Council Agenda — May 23, 2011 Page 2 of 4 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 May 9, 2011 City Council Meeting B.2 GN 2011 -035 Renew Business Internet Access Agreement with Charter Communications, Inc. for $1,840.00 monthly B.3 PU 2011 -020 Authorize Inter -local Purchasing Agreement with the City of Georgetown B.4 PU 2011 -021 Authorize Inter -local Purchasing Agreement with the Harris County Department of Education B.5 GN 2011 -036 Renew the Joint Administration Agreement for Community Development Block Grant with Tarrant County for 2012 -2014 - Resolution No. 2011 -023 B.6 GN 2011 -037 Renew the Joint Grant Agreement for Administration of the HOME Investment Partnership Program - Resolution No. 2011 -024 B.7 GN 2011 -042 Approve the Master Fiber Agreement between the City of North Richland Hills and Charter Communications, Inc. for $1,013.57 monthly C.0 PUBLIC HEARINGS C.1 GN 2011 -019 Public Hearing & Consideration of a Request to Amend Code of Ordinances Sec. 106 -11. Temporary Signs during Roadway Construction - Ordinance No. 3132 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 -041 Election of Mayor Pro Tern F.2 GN 2011 -038 Youth Advisory Committee End of Year Report City Council Agenda — May 23, 2011 Page 3 of 4 F.3 PU 2011 -022 Authorize the Purchase of Cisco Network and Telephone Equipment for NRH Centre from Qwest Communications in an Amount not to exceed $193,206.56 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 Welch 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 May 20, 2011 at � C p.m. s istan 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 — May 23, 2011 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, May 23, 2011 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 2011 Youth Advisory Committee Project Proposal - Special Needs Park (15 Minutes A.3 Consider Establishment of CIP Task Force (20 Minutes) A.4 Proposed Revision to Noise Ordinance (20 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) C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 5 -23 -2011 Presented by: Kristin Weegar Agenda No. A.2 Subject: 2011 Youth Advisory Committee Project Proposal - Special Needs Park (15 Minutes) Summary The Youth Advisory Committee (YAC) will be presenting their idea for their youth project proposal, a park oriented toward children with special needs. Presenters from the Youth Advisory Committee include the following members: Morgan Chaney — Chairman Megan Servage —Vice Chairman Brandon Vinson — Secretary Nicole Zajimovic - Treasurer General Description The city is fortunate to have an opportunity to use the Youth Advisory Committee as an opportunity to better understand the needs of the youth within the community, as well as educate them about municipal government. During the 2010 — 2011 Academic Year, the Youth Advisory Committee has taken on new challenges, one being the development of a project oriented toward the youth of North Richland Hills to present to City Council. The goal in having YAC complete this project was to allow members the opportunity to learn and be involved in the decision making process of local governments. It started with their ideas, and then they were required to do the necessary research, prepare the presentation and now bring it before City Council as an idea that may be pursued in the future. The following is a summary of their presentation: In January the Youth Advisory Committee met to discuss various ideas for the project proposal, and after much discussion and debate they decided on the idea of developing a park geared toward children with special needs. The presentation by the Youth Advisory Committee will provide the benefits and reasons North Richland Hills needs a park of this nature. They will discuss their vision for the park, including playground designs and elements. In addition, the Committee will present various options of grant funding available to the city for this type of project. As mentioned above the primary purpose of this item is to help educate the YAC members in the decision making process of local governments. This agenda item is for informational purposes and no action is being requested from Council at this time. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 5 -23 -2011 Presented by: Mark Hindman Agenda No. A.3 Subject: Consider Establishment of CIP Task Force (20 Minutes) Summary In 2002, Council established a Capital Improvement Study Committee. Staff is asking for a similar group to be established to discuss essential long term capital projects for the next 5 to 7 years. The CIP Task Force will consist of citizens that compromise a representative sample of the community. General Description The CIP Task Force is will meet regularly to discuss and offer any suggestions, ideas or reactions that will refine the capital improvement program drafted by staff to best meet our community's needs while being mindful of economic issues. The task force will report to Council of its findings to determine the appropriate level and source of funding and lend support to the bond election as core members of a citizens support group. The committee will closely review and analyze city facilities, needed street improvements and miscellaneous projects based on critical city needs and other qualitative analyses. Once the committee is selected city staff will assist the committee in their selection of recommended projects for an election, as well as educating the public about the need for improvements leading up to the election. Staff is recommending the formation of a 20 -25 member CIP Task Force whose membership will be based on recommendations made by the City Council. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 5 -23 -2011 Presented by: Jimmy Perdue Agenda No. A.4 Subject: Proposed Revision to Noise Ordinance (20 Minutes) Summary Staff is recommending that changes be made to our existing noise ordinance to allow for more clearly defined parameters with which to conduct enforcement activity. The changes involve moving the location of noise decibel level measurement to the bounding property line of the complainant. In addition it sets clear decibel levels that created an automatic presumption of a nuisance within specific types of neighborhoods. This is being brought forward for City Council to provide direction and input and will be brought back for final action at a later date. General Description It is very important to the quality of life in our community to have adequate laws and ordinances that prohibit activity that would be detrimental. Section 34 -33 of the Code of Ordinances deals with a variety of issues that have been determined to be a nuisance. Section 23 of this chapter specifically addresses the issue of unreasonable loud, disturbing or unnecessary noises and what constitutes a violation. Staff feels that the current ordinance does not fully address the unique issues that can occur within specific area of town. Staff also feels that the measurement of the nuisance should be at the site of the complaint rather than the source of the noise. This revision is intended to correct these issues and make the ordinance more appropriate. The opening paragraph can be divided into two sections. The first sentence currently includes the specific measurement used to qualify as a violation. However, this decibel reading makes no distinction between night and daytime or any difference between types of neighborhoods. The proposed revision keeps the general element of an unreasonable noise and measures it "in the immediate vicinity thereof'. This will allow enforcement of an activity that may not measure on a decibel reading (deep bass thumping from stereo speakers) but is none the less distributing. Enforcement can be done based on the discretion of the enforcement officer at the scene. The second sentence spells out that nuisances that exceed a specific decibel reading are automatically declared a nuisance. The measurement of these types of noises will be measured from the "complainants bounding real property line ". This is intended to avoid the current issue that occurs when a complainant requests a reading and we must take the measurement at the property line of the source of origin. These two locations may not be the same and it seems more reasonable that the reading be taken from the location where the noise is considered a nuisance. The other major change creates specific decibel readings (dba) when a noise is considered unreasonable broken down by zoning classification. Our current ordinance allows for a maximum of 65 dba during from 7:00 am to 10:00 pm and 55dba from 10:00 pm to 7:00 am throughout the city. The revision sets the limits at 75 dba from 7:00 am to 10:00 pm and 60 dba from 10:OOpm to 7:00 am in a residential zone. For all non- residential zones including those specifically listed in the ordinance such as TOD, Town Center, etc. the limits are 80 dba from 7:00 am to 12 midnight and 70 dba from 12 midnight to 7:00 am. The revisions further creates exceptions for specific government events, businesses already in existence and gas drilling that is covered by its own ordinance. Here are summary of the decibel reading changes CURRENT PROPOSED Residential 7a -10p 65 dba 7a -10p 75 dba 10p-7a 55 dba 10p-7a 60 dba Non - residential 7a -12 mid 80 dba 12 mid -7a 70 dba AN ORDINANCE AMENDING SECTION 34- 33(23) OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES CONCERNING NOISE NUISANCES; ESTABLISHING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, city staff has recommended revisions to the city's restrictions on noise and the city council finds that such revisions is in the best interest of the welfare of the residents of the city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 34- 33(23) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34 -33. Specific nuisances. Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things are each and all of them are hereby declared to be and constitute public nuisances: 23) Allowing any unreasonably loud, disturbing, or unnecessary noise, including but not limited to noises from musical instruments, loudspeakers, and amplifiers, animals and birds, horns or other signal devices on vehicles, the operation of vehicles, steam whistles, auto exhaust without mufflers, or devices operated by compressed air, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. During the times and in the zoning districts set out below, the activities that create a sound pressure level on the complainant's bounding real property line that exceeds the maximum allowable decibels on the A scale are declared to be public nuisances: All Residential zoning districts: 7 a.m. to 10 p.m. = 75 dba 10 p.m. to 7 a.m. = 60 dba All non residential, Industrial and Mixed use zoning districts including the Town Center center and core subzones and the TOD historic, core, general mixed use, arterial mixed use and high intensity mixed use subzones: 7 a.m. to 12 midnight = 80 dba 12 midnight to 7 a.m. = 70 dba Exceptions: Businesses in Industrial zoning districts in existence prior to March 1, 2010 which do not exceed 75 dba. Noise generated on properties of Birdville Independent School District (BISD), Tarrant Community College (TCC), Fort Worth Christian (FWC) and all other governmental agencies is not subject to this provision. Noise produced by gas drilling and production shall be regulated by chapter 104 of this Code and shall not be subject to this provision." Section 2: Violation of this ordinance shall be punishable by a fine of up to Five hundred dollars ($500.00). Each separate violation shall be punishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute a separate violation 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 effective immediately upon passage. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. B.1 Subject: 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) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. C.0 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, May 23, 2011 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 GN 2011 -039 Canvassing May 14, 2011 City Council Election - Resolution No. 2011 -025 A.4 Special Presentation(s) and Recognition(s) - Recognition of Outgoing Council Member John Lewis A.5 GN 2011 -040 Oath of Office A.6 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.7 Removal of Item(s) from 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 May 9, 2011 City Council Meeting B.2 GN 2011 -035 Renew Business Internet Access Agreement with Charter Communications, Inc. for $1,840.00 monthly B.3 PU 2011 -020 Authorize Inter -local Purchasing Agreement with the City of Georgetown B.4 PU 2011 -021 Authorize Inter -local Purchasing Agreement with the Harris County Department of Education B.5 GN 2011 -036 Renew the Joint Administration Agreement for Community Development Block Grant with Tarrant County for 2012 -2014 - Resolution No. 2011 -023 B.6 GN 2011 -037 Renew the Joint Grant Agreement for Administration of the HOME Investment Partnership Program - Resolution No. 2011 -024 B.7 GN 2011 -042 Approve the Master Fiber Agreement between the City of North Richland Hills and Charter Communications, Inc. for $1,013.57 monthly C.0 PUBLIC HEARINGS C.1 GN 2011 -019 Public Hearing & Consideration of a Request to Amend Code of Ordinances Sec. 106 -11. Temporary Signs during Roadway Construction - Ordinance No. 3132 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 -041 Election of Mayor Pro Tern F.2 GN 2011 -038 Youth Advisory Committee End of Year Report F.3 PU 2011 -022 Authorize the Purchase of Cisco Network and Telephone Equipment for NRH Centre from Qwest Communications in an Amount not to exceed $193,206.56 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 Welch H.2 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Mayor Oscar Trevino Agenda No. A.0 Subject: Call to Order - Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Councilman Scott Turnage Agenda No. A.1 Subject: Invocation - Councilman Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Councilman Scott Turnage Agenda No. A.2 Subject: Pledge - Councilman Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Patricia Hutson Agenda No. A.3 Subject: GN 2011 -039 Canvassing May 14, 2011 City Council Election - Resolution No. 2011 -025 Summary Council is required to canvass the votes cast at the City Council Election held May 14, 2011 by approving Resolution No. 2011 -025 formally accepting the results of the election and declaring the winning candidates. General Description The Texas Election Code requires that the City Council meet following the May 14, 2011 election to canvass the votes. The unofficial results received from Tarrant County Elections on election night were as follows: Number of Votes City Council, Place 1 Steve A. Holleman 713 Sixto A. "Tito" Rodriguez 844 City Council — Place 3 Tom Lombard 1,192 City Council — Place 5 David Whitson 1,197 City Council — Place 7 Charles W. Spradling 736 Tim Welch 815 Because there are some provisional votes that were cast and outstanding overseas ballots, the unofficial results are subject to change prior to the canvass. Provisional voting is part of the Help America Vote Act of 2002 and is designed to allow persons who might not otherwise qualify to vote at a polling place to cast a provisional ballot. Some of the reasons a voter may cast a provisional ballot include a voter who asserts he is registered to vote but whose name does not appear on the voter registration list, a voter who was unable to produce his voter registration certificate or another form of voter identification, or a voter who is registered to vote but is attempting to vote at a precinct other than the precinct in which the voter is registered. The Early Voting Ballot Board will determine, based on State regulations, whether the provisional ballots can be accepted or rejected. Those voters who were outside the United States and who received an overseas ballot must have placed their ballot in the mail by Election Day and the ballot must be received by May 19 to be counted by the Early Voting Ballot Board. By law, the Early Voting Ballot Board must reconvene to qualify and count the provisional ballots and late ballots that were submitted from outside the United States. Once the Board has completed these two processes, the unofficial results will be updated to reflect any changes. Should there be changes; Council will be provided the revised unofficial results and a revised resolution prior to the canvass. Recommendation Approve Resolution No. 2011 -025; approving the canvass and declare the winning candidates. H RESOLUTION NO. 2011 -025 WHEREAS, an election was duly held in the City of North Richland Hills on the 14th day of May, 2011, to elect City Council Places 1, 3, 5 and 7; and WHEREAS, the City Council has met and canvassed the votes cast in such election; and, WHEREAS, such canvass shows the following results: Number of Votes City Council — Place 1 Steve A. Holleman 713 Sixto A. "Tito" Rodriguez 844 City Council — Place 3 Tom Lombard 1,192 City Council — Place 5 David Whitson 1,197 City Council — Place 7 Charles W. Spradling 736 Tim Welch 815 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the above canvass be, and the same is hereby approved. Section 2: THAT the following are, and the same are hereby declared to have been elected to the offices listed below to serve until May of 2013, or until their successors are duly elected and qualified. City Council — Place 1 Sixto A. "Tito" Rodriguez City Council — Place 3 Tom Lombard City Council — Place 5 David Whitson City Council — Place 7 Tim Welch AND IT IS SO RESOLVED. PASSED AND APPROVED this the 23rd day of May, 2011. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. AA Subject: Special Presentation(s) and Recognition(s) - Recognition of Outgoing Council Member John Lewis CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. A.5 Subject: GN 2011 -040 Oath of Office Summary The oath of office will be administered to the newly elected officials. General Description Following the canvass, each of the newly elected officials will receive their certificate of election and the oath of office will be administered. By law, the oath of office must be administered by someone authorized to administer an oath under Texas law. In previous years, some of our newly elected officials have opted to have a ceremonial oath administered by a family member or close friend during this portion of the meeting and the official oath administered by the City Secretary at another time. Should anyone desire to have his oath of office administered ceremonially during the meeting, the Mayor will call a brief recess following the ceremonial oaths and the official oath of office will be administered by the City Secretary. In the name and by the authority of The State of Texas OATH OF OFFICE I, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of North Richland Hills of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Signature of Officer STATE OF TEXAS § COUNTY OF TARRANT § Sworn to and subscribed before me this day of May, 2011. Notary Public Signature CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. A.6 Subject: 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. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. A.7 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. B.0 Subject: 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 OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. B.1 Subject: Approval of Minutes of May 9, 2011 City Council Meeting Recommendation To approve the minutes of the May 9, 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 — MAY 9, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9 th day of May 2011 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tern, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 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 Dana Alden Assistant to City Manager Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director Gregory Van NieuwenhuizeAssistant Public Works Director Dave Pendley Building Official Craig Hulse Economic Development Director Jamie Brockway Purchasing Manager JoAnn Stout Neighborhood Services Director Debbie York Neighborhood Services Manager Mark Mills Budget Director Thomas Powell Fleet Services Director Kristin Weegar Sr. Mgt. Asst. Development Services Call to Order Mayor Trevino called the work session to order at 5:34 p.m. A.1 Discuss Items from Regular City Council Meeting Mayor Trevino asked if landscaping features could be requested for item C.5. John Pitstick, Planning Development Director, advised that with the SUP request landscaping could be requested by Council. Mr. Pitstick also handed out an amendment to item CA to include recommended architectural features. A.2 Quarterly Financial Status Report Mark Mills, Budget Director presented a PowerPoint presentation to Council that highlighted the major operating funds of the City, focusing on revenue and expenditures to date in relation to expectations. • General Fund • Property Taxes • Sales Taxes • Municipal Court Fines • Construction Related Permits • Gas Drilling Permits • Miscellaneous • Park Development Fund • Crime Control District Fund • Utility Fund A.3 Quarterly Capital Improvement Proiect Status Report Mark Mills, Budget Director, presented a PowerPoint presentation updating Council on the status of Capital Improvement Projects. The presentation focused on project expenses, timelines and highlighted any significant adjustments that have occurred since Council was last briefed. Highlighted projects: • Colorado Boulevard (Boulevard 26 to Harwood) • Douglas Lane (Hightower to Starnes) • Terry Drive (Susan Lee to North Richland) • Water Line (Holiday and Iron Horse) • Davis Boulevard Streetscape A.4 Neighborhood Initiative Program Presentation The Multi - Departmental Committee presented a PowerPoint presentation to Council on the progress of the Southside Neighborhood Revitalization. Debbie York, Neighborhood Services Manager, spoke on the program's achievements with CDBG Home Funds and ordinance amendments that have helped with the revitalization. Ms. York also shared before and after pictures of completed projects. Craig Hulse, Economic Development Director, spoke on the demographics of the area being revitalized. The Economic Development Department is also helping with the revitalization with programs such as the Business Improvement & Growth Program (B.I.G.), Sign Removal Program and the Rufe Snow /Glenview Intersection Concept Study. John Pitstick, Planning and Development Director, spoke on intersection improvements including art work, neighborhood sign toppers, monuments distinguishing neighborhoods and districts, the benchmark program, and park trails. Mike Curtis, Managing Director of Development Services, spoke on completed street repairs in the area and future repairs. Ms. York finished the presentation speaking on the Neighborhood Crime Watch program, crime free multi- housing areas, the upcoming Fix -It Blitz, and the long term goals for the program. Council requested that the information regarding the upcoming Fix -It Blitz be included in water bill inserts and multimedia outlets for maximum citizen participation. 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: Consultation with attorney to seek advice about pending or threatened litigation or a settlement offer Mayor Trevino announced at 6:10 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.071 to consult with attorney to seek advice about pending or threatened litigation or a settlement offer. C.0 Adiournment Mayor Trevino announced at 6:28 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order May 9, 2011 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff: 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 Attorney A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. Mayor Pro Tern Sapp recognized Robert Stancil, Boy Scout Troop 179, who is working on his citizenship in community badge. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK PRESENTED BY COUNCILMAN WELCH Councilman Welch presented a proclamation to he Public Works Department staff for National Public Works Week. Mike Curtis, Mana ing Director acknowledged the Public Works staff and thanked them for all their hard work. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF APRIL 25, 2011 CITY COUNCIL MEETING B.2 PU 2011 -016 AUTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH THE CITY OF LIVE OAK B.3 PU 2011 -017 AWARD BID NO. 11 -027 TOPSOIL, SAND AND FLEXIBLE BASE MATERIAL ANNUAL CONTRACT TO MULTIPLE VENDORS B.4 GN 2011 -034 APPROVE AGREEMENT WITH TARRANT COUNTY TAX ASSESSOR/COLLECTOR FOR THE COLLECTION OF CITY PROPERTY TAXES - RESOLUTION NO. 2011 -022 B.5 PU 2011 -018 AWARD BID 11 -024 FOR 2011 POLICE PACKAGE VEHICLES TO CALDWELL COUNTRY CHEVROLET IN THE AMOUNT OF $95,538.00 COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Mayor Trevino announced that item F.4 would be presented before the Public Hearings. F.4 GN 2011 -033 DESIGNATION OF OFFICIAL NAMES FOR THE BOULEVARD 26 TRAIL AND THE LITTLE BEAR CREEK TRAIL AND RENAMING THE LONG & BARFIELD COMMUNITY ROOM - RESOLUTION NO. 2011 -021 APPROVED Vickie Loftice, Managing Director, summarized the item. This item is for consideration of officially naming the Boulevard 26 Trail, the Little Bear Creek Trail and renaming the Long & Barfield Community Room. The Naming Board meet on March 28 and are recommending that the Boulevard 26 Trail be officially named the "Randy Moresi Trail "; the Little Bear Creek Trail be officially named the "John Barfield Trail "; and the Long & Barfield Community Room be renamed the Owen D. Long Community Room. COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION No. 2011 -021. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS C.1 ZC 2010 -08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM STEVEN D. HARTER FOR A ZONING CHANGE FROM R -2, SINGLE FAMILY, TO R- 1 -S, SPECIAL SINGLE FAMILY (LOCATED AT 7609 NORTH FORTY ROAD -1.22 ACRES) - ORDINANCE NO. 3141 APPROVED Mayor Trevino advised that the next three items C.1 (ZC 2010 -08), C.2 (RP 2010 -09) and C.3 (SUP 2010 -09) were related and would open the public hearings for all three items but would vote on each item separately. Mayor Trevino called on the applicant to come forward. Ernest Hedgcoth representing the applicant came forward. Mr. Hedgcoth explained that the applicant's desire is to build a large accessory building on property he purchased behind his current residence. In order to build on the property, the zoning needs to be changed, the property needs to be replatted to be included with his current property and then a special use permit is needed to build the oversized accessory building. John Pitstick, Planning and Development Director, summarized each item. Mr. Steve Harter the resident and owner at 7609 North Forty would like to combine two parcels of land including a total of 1.22 acres for rezoning from R -2 to R -1 -S (special single family) in an effort to build a full masonry detached garage and storage building with access from Buck Street. The property is at the western terminus of both North Forty and Buck Street. Staff is recommending approval and sees this as an interim use with the anticipation that Buck Street would be extended to the west in the future and could allow for the redevelopment of R2 single family lots to occur. The proposed garage and storage area will be all brick and is set back approximately 85 feet from Buck Street. With the approval of the rezoning the next step is to replat the property. Mr. Harter is requesting to combine Lot 4, Block 4, McComas Addition and a portion of Block A, Hewitt Estates into a single lot more than 1 acre for the purpose of rezoning to R -1 -S and requesting a special use permit to build an oversized detached garage and storage building. The Planning and Zoning Commission recommended approval of both the rezoning request (ZC 2010 -08) and the replat request (RP 2010 -09) by a 5 -0 vote. As per Section 118 -719 of the City of North Richland Hills Zoning Ordinance, accessory structures located in the R -1 -S district that exceed 500 square feet require the approval of a Special Use Permit. The proposed garage /shop is 1,368 square feet (36' X 38') with additional porch and covered area covered by the roof structure. The site plan also indicates a packed pea gravel road base driveway which would be allowed under the rural R -1 -S zoning district for access to accessory buildings. The Planning & Zoning Commission recommended approval of SUP 2010 -09 with the stipulation that an interior floor plan of the accessory building be provided as part of the site plan and indicating that the only use of the accessory building will be for storage of personal vehicles, equipment and household storage associated with the main house at 7609 North Forty Road. Mayor Trevino called for anyone wishing to speak for or against the requests to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearings and called for the motion. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE NO. 3141, ZC 2010 -08. MAYOR PRO TEM SAPP SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -0. C.2 RP 2010 -09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM STEVEN D. HARTER FOR A REPLAT CREATING LOT 4 -R, BLOCK 4, MCCOMAS ADDITION (LOCATED AT 7609 NORTH FORTY ROAD -1.22 ACRES) APPROVED This item was related to the previous item C.1 and the public hearing was opened and discussed in item C.1. Mayor Trevino called for the motion for RP 2010 -09. MAYOR PRO TEM SAPP MOVED TO APPROVE RP 2010 -09. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.3 SUP 2010 -09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM STEVEN D. HARTER FOR A SPECIAL USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 500 SQUARE FEET (LOCATED AT 7609 NORTH FORTY ROAD -1.22 ACRES) - ORDINANCE NO. 3142 APPROVED This item was related to the previous two items C.1 and C.2 and the public hearing was opened and discussed in item C.1. Mayor Trevino called for the motion for SUP 2010 -09. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE NQ. 3142, SUP 2010 -09. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. CA ZC 2011 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM K. HOVNANIAN HOMES TO REVISE AN EXISTING RESIDENTIAL PLANNED DEVELOPMENT (PD 60, BRYNWYCK ADDITION) (LOCATED IN THE 8800 BLK. OF MARTIN DRIVE - 7.685 ACRES) — ORDINANCE NO. 3143 APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward and present the item. Danny Satsky, 2712 Summit Ridge, Grapevine, came forward representing K. Hovnanian Homes. Mr. Satsky brought a PowerPoint presentation to go along with the request. Mayor Trevino announced that due to the technical difficulties with the PowerPoint presentation for item C.4, item F.1 would be presented next and would return to C.4. F.1 GN 2011 -030 APPOINTMENT TO KEEP NRH BEAUTIFUL COMMISSION - PLACE 2 APPROVED Mayor Pro Tern Sapp presented the item. The Keep NRH Beautiful Commission has a vacancy in the Place 2 position. Requesting Council approval for the appointment of LaToyia Dennis to the position. MAYOR PRO TEM SAPP MOVED TO APPOINT LATOYIA DENNIS TO THE KEEP NRH BEAUTIFUL COMMISSION, PLACE 2. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Mayor Trevino advised that the PowerPoint presentation for C.4 was still being worked on and items F.2 and F.3 would be presented next. F.2 GN 2011 -031 CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2011 ", INCLUDING THE ADOPTION OF ORDINANCE NO. 3139 AUTHORIZING THE ISSUANCE OF SUCH BONDS AND PROVIDING FOR THE REDEMPTION OF THE OBLIGATIONS BEING REFUNDED APPROVED Councilman Turnage left the Council dais and Mayor Trevino announced that his spouse was employed by Frost Bank and would be abstaining from discussion and vote for items F.1 and F2. An affidavit of disqualification has been completed by Councilman Turnage and filed with the City Secretary stating the nature of the interest is spouse employed by Frost Bank. Larry Koonce, Finance Director, summarized the item. A bond sale is scheduled on Monday, May 9, 2011. The sale will include $1,865,000 in General Obligation Bonds (G.O.$) for 2003 bond election projects. The total amount will be used for street and drainage projects: Terry Drive (Susan Lee Lane to North Richland Boulevard) Construction $310,000, Tabor Street (Rufe Snow to Steven Street) Construction $330,000, Bud Jensen Road Street and Drainage Improvements (NRH Centre Project) $110,000, and Meadowview Estates Channel Drainage Improvements (Finish Engineering / Design, begin Construction) $1,115,000. Rating conferences with Standard and Poor's and Moody's were recently held. The City received General Obligation Bond ratings from both Moody's Investors Service and Standard and Poor's. Moody's has reaffirmed the City's AA2 rating, and Standard and Poor's has reaffirmed the City's AA+ rating. Mr. Koonce introduced David Medanich, First Southwest Company, Financial Advisory firm. Mr. Medanich gave a brief summary on the bid process and how the bid packets were put together for Council. The lowest bonds were offered by Frost Bank at a true interest coast of 2.980677% for General Obligation Bonds, Series 2011 and the lowest bonds were also offered by Frost Bank at a true interest cost of 3.418526% for the Tax and Waterworks and Sewer System Revenue Certificates of Obligation, Series 2011 (next item). COUNCILMAN BARTH MOVED TO ADOPT ORDINANCE NO 3139 AUTHORIZING THE ISSUANCE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2011 ", PROVIDING FOR THE REDEMPTION OF THE OBLIGATIONS BEING REFUNDED AND APPROVING AND AUTHORIZING THE EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT, SPECIAL ESCROW AGREEMENT AND A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0 -1, COUNCILMAN TURNAGE ABSTAINING. F.3 GN 2011 -032 DISCUSSION AND CONSIDERATION OF ORDINANCE NO. 3140 AUTHORIZING THE ISSUANCE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011" AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO APPROVED Larry Koonce, Finance Director, summarized the item. On March 28th, City Council authorized the City Secretary to publish a notice in a newspaper of general circulation of the intent of the city to issue Certificates of Obligation. Notices were published in accordance with State law. The sale of $5,610,000 of Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation (C.O.$) for the senior citizen component of the recreation center, NRH2O improvements, ambulance replacement, public works equipment replacement, and drainage improvements will be considered on May 9th City Council meeting. The city received Certificates of Obligation ratings from both Moody's Investors Service and Standard and Poor's. Moody's has reaffirmed the City's credit rating of AA2. Standard and Poor's has reaffirmed the City's credit rating of AA +. The City Council is requested to approve Ordinance No. 3140 authorizing the issuance of "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2011 "; approving and authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract in relation to such Certificates and the approval and distribution of a Preliminary Official Statement and an Official Statement. (Mr. Medanich discussed the bids received during the previous item F.1). MAYOR PRO TEM SAPP MOVED TO ADOPT ORDINANCE NO. 3140 AUTHORIZING THE ISSUANCE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011 ", APPROVING AND AUTHORIZING THE EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE CONTRACT IN RELATION TO SUCH CERTIFICATES AND THE APPROVAL AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0 -1, COUNCILMAN TURNAGE ABSTAINING. Councilman Turnage returned to the Council dais at 7:52 p.m. CA ZC 2011 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM K. HOVNANIAN HOMES TO REVISE AN EXISTING RESIDENTIAL PLANNED DEVELOPMENT (PD 60, BRYNWYCK ADDITION) (LOCATED IN THE 8800 BLK. OF MARTIN DRIVE - 7.685 ACRES) — ORDINANCE NO. 3143 APPROVED Mayor Trevino advised that the public hearing had been previously opened and called on the applicant to come forward and present the item. Danny Satsky, 2712 Summit Ridge, Grapevine, came forward representing K. Hovnanian Homes. Since the PowerPoint presentation was not working Mr. Satsky used the overhead with printed copies of the powerpoint showing images of the proposed homes and speaking of the quality materials being used for the development. John Pitstick, Planning and Development Director, summarized each item. This case was originally heard and approved on May 17, 2007 as a residential infill planned development with 30 residential lots accessed off of Martin Road with front swing garages. No development has occurred and K. Hovnanian Homes is now requesting a planned development revision to build 36 lots with front entry garages with revisions in emergency access to Mid Cities Boulevard and revisions to common open space. The Planning & Zoning Commission recommended approval by a 5 -0 vote with stipulations that 50% of the front entry garages be constructed with tandem cedar clad garages; a minimum of 5 lots to be required to have side or rear entry garages and 50% of all front entry homes have a minimum backyard open space of at least 1,000 square feet. The applicant has made changes to the site plan drawings to conform with P &Z's motion. There was some discussion regarding requiring 100% of the front entry homes to have tandem garage doors as requested by staff. The Commission felt that 100% tandem garage doors was not appropriate because the smaller doors with a brick column in between could be a tight fit and a burden for parking larger trucks and SUV's. The final site plan indicates 36 total lots with 5 side entries, 16 front entry tandem garage doors and 15 front entry full garage doors. All garage doors are cedar clad. Brvnwyck Architectural Features Handout: The following Standard Features will be required on each of the homes constructed in Brynwyck: - Dwellings to be 1,800 SF minimum, however no more than 10% of total number of homes to be less than 2,000 SF. Approximately 4 homes. - 100% masonry front elevations where the brick extends to the foundation. Side and rear elevations shall be 80% masonry. - All siding material will be a primed and painted cementatious siding (Nardi Siding). - All brick will be a true clay - fired brick (Boral or Acme). - Roof pitch shall be minimum 10:12 for front facing gables and 8:12 on side gables, in order to facilitate an architecturally pleasing ridgeline. - All Shingles will be a 30 -year dimensional laminate shingle in a Weatherwood color (no 3 -tab shingles). - Front - facing garage doors will be cedar -clad with an oil base stain. 50% of the lots will have two single bay garage doors with a 12" masonry divide. A 1 /2HP garage door opener will be standard to facilitate the additional weight of the garage door. - All interior garage walls will be taped & bedded and painted a neutral color. - All front windows will be divided light, Low -E vinyl windows. - Any exposed wood accents will be stained cedar. - Entry doors must be wood or fiberglass, capable of being painted or stained and either be a decorative six -panel design or have a decorative glass insert. Hardware must be decorative hardware (Oil Rubbed Bronze, Satin Nickel, etc.) - Any chimney on an exterior wall which is visible from the ROW must be masonry clad. - All elevations will include three or more of the following: • Natural stone accents (no concrete or imitation stone) • Decorative brick treatment, i.e. herringbone pattern, lacing, etc. o Brick rowlock or cedar shutter accents around all front facing windows. o Either sliced brick or stone soldier course on corners, keystones or coins. • Decorative door and window molding or lintels. • Decorative brackets or corbelling. - Each front yard will be fully sodded with an irrigation system and will include two 3" caliper trees (Cedar Elm, Red Oak, Live Oak, etc.) and 15 gallons of shrubs. - Fencing adjacent and parallel to front elevations facing streets must be stained a natural color. If the fence return is within 10' of the front corner of the house, the fence must be cedar. - Mailboxes will be antique style located at each property or mounted tandem on every other lot. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE NO. 3143, ZC 2011 -04 PD REVISION FOR BRYNWYCK AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION WITH THE ADDITIONAL FEATURES AS INDICATED ON THE BRYNWYCK RECOMMENDED ARCHITECTURAL FEATURES HANDOUT PRESENTED TO COUNCIL. COUNCILMAN LOMBARD SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 6 -1, MAYOR PRO TEM SAPP VOTING AGAINST. C.5 SUP 2010 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JAMES PLESS FOR A SPECIAL USE PERMIT FOR MOVING /STORAGE BUSINESS (LOCATED AT 4005 RUFE SNOW DRIVE - 0.414 ACRES) - ORDINANCE NO. 3144 APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward and the present the item. James Pless the applicant came forward. Mr. Pless stated he was requesting a SUP in order to operate a Moving Company at 4005 Rufe Snow Drive. He was available to answer any questions Council may have. John Pitstick, Planning and Development Director, summarized each item. The applicant is requesting approval of a Special Use Permit (SUP) in order to operate a Moving Company in a leased building at 4005 Rufe Snow Drive. Mr. Pless is also requesting to concrete pave the back portion of the property for moving truck and trailer storage and has acknowledged that storage of furniture, storage containers or other household materials will not be permitted onsite. Mr. Pless is leasing the entire property and would occupy the office building for the storage company with minimal parking in front of the building. A masonry wall will be provided to screen the portion of the vehicle storage lot that faces Rufe Snow Drive with a gate. There is a wide drive approach with direct access off Rufe Snow. There is a small grassed area with an existing tree on the south end. While the general use seems appropriate, staff is recommending that some landscaped buffer be provided facing Rufe Snow similar to what was recently approved further north on Rufe Snow for Goheen Enterprises. The Planning & Zoning Commission recommend approval by a 5 -0 vote with a recommendation to encourage but not require landscaping. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WHITSON MOVED To APPROVE ORDINANCE No. 3144, SUP 2010 -02 WITH THE STIPULATION THAT A LANDSCAPE BUFFER BE REQUIRED ALONG THE FRONT OF RUFE SNOW AND THE DRIVEWAY BE NARROWED TO ACCOMMODATE PROPER ACCESS TO THE REAR OF THE BUILDING FOR TRAILER AND PUBLIC PARKING. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PLANNING & DEVELOPMENT DA RP 2010 -06 CONSIDERATION OF A REQUEST FROM THE HILLS CHURCH OF CHRIST FOR A REPLAT CREATING LOTS 1 & 2, BLOCK 8, MEADOW LAKES ADDITION (LOCATED AT 6300 NE LOOP 820 - 36.645 ACRES) AND APPROVAL OF A SANITARY SEWER EASEMENT TO SERVE LOT 2 APPROVED Mayor Trevino called on the applicant to come forward. Philip Varughese with Teague Nall and Perkins representing the applicant came forward. Mr. Varughese explained that the eastern portion of the church property had not been platted and the church was requesting to plat both lots. This request was due to the anticipated 820 expansion. John Pitstick, Planning and Development Director, summarized the item. The Hills Church of Christ, is proposing to replat Blocks 8A and 813 of the Meadow Lakes Addition. The two new lots will total 36.645 acres. Lot One, where the church is located, will be 26.575 acres and Lot Two, currently vacant, will be 10.070 acres. The plat will be incorporating a small unplatted area on the east side and dedicating new access and utility easements as well as abandoning unneeded easements. Staff is also requesting an offsite sanitary sewer easement across the Oncor easement to potentially serve Lot 2. The church has not made any formal applications to build on Lot 2. Any changes to the current planned development would require a PD revision or zoning change. COUNCILMAN WELCH MOVED TO APPROVE RP 2010 -06 AND THE APPROVAL OF A SANITARY SEWER EASEMENT TO SERVE LOT 2. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2011 -030 APPOINTMENT TO KEEP NRH BEAUTIFUL COMMISSION - PLACE 2 Item presented after C.3 Public Hearings above. F.2 GN 2011 -031 CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2011 ", INCLUDING THE ADOPTION OF ORDINANCE NO. 3139 AUTHORIZING THE ISSUANCE OF SUCH BONDS AND PROVIDING FOR THE REDEMPTION OF THE OBLIGATIONS BEING REFUNDED Item presented after F.1 (Public Hearings) above. F.3 GN 2011 -032 DISCUSSION AND CONSIDERATION OF ORDINANCE NO. 3140 AUTHORIZING THE ISSUANCE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011" AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO Item presented after F.2 (Public Hearings) above. F.4 GN 2011 -033 DESIGNATION OF OFFICIAL NAMES FOR THE BOULEVARD 26 TRAIL AND THE LITTLE BEAR CREEK TRAIL AND RENAMING THE LONG & BARFIELD COMMUNITY ROOM - RESOLUTION NO. 2011 -021 Item presented after B.0 Consent Agenda. F.5 PU 2011 -019 AWARD OF CONTRACT (11 -013) FOR ENERGY EFFICIENCY SERVICES IN AN AMOUNT NOT TO EXCEED $75,000 TO STANDARD RENEWABLE ENERGY APPROVED Debbie York, Neighborhood Services Manager, summarized the item. This item is to consider the award of a contract for energy efficiency services for residential weatherization /energy conservation services to reduce energy costs for low income households in the City of North Richland Hills. The City requested Requests for Proposals in accordance with city policy and qualifications were received from five firms. The City's evaluation committee reviewed and evaluated the proposals and is recommending award of the annual contract to Standard Renewable Energy in an amount not to exceed $75,000. Funding for this work will be coming from the Federal Funded Energy Efficiency Grant. COUNCILMAN LOMBARD MOVED TO APPROVE PU 2011 -019. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 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 Councilman Turnage made the following announcements. Don't forget: The North Richland Hills City Council election is this Saturday, May 14. Early voting continues from 7 a.m. to 7 p.m. on Tuesday at the NRH Recreation Center. On Saturday, voting will take place from 7 a.m. to 7 p.m. at City Hall, Dan Echols Senior Center and Bursey Road Senior Center. For more information, call 817 - 427 -6060 or visit the city's website at nrhtx.com. NRH2O opens for the 2011 season on Saturday, May 14th. Visit nrh2o.com for a complete park schedule and details on all of the exciting special events planned for the summer! For more information, you can also call 817 - 427 -6500. The City of North Richland Hills is partnering with community volunteers for the "Fix It Blitz" on June 4 and 5. During this weekend, we will complete numerous projects to help those who are less fortunate in our community. Projects may include home repairs and yard work for the elderly, mentally or physically challenged, and single parents in our community. To volunteer or get more information, call 817 - 427 -6650 or visit the city's website at nrhtx.com. Kudos Korner - Staff & Volunteers, Parks & Recreation Department. A resident recently sent a note expressing her thanks to the city staff and volunteers who gave up their Saturday to make the Easter in the Park event such a huge success. She was amazed, but not surprised, by how well organized the event was. Her family looks forward to attending the city's other special events throughout the year. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:38 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 5 -23 -2011 Presented by: Dana Alden Agenda No. B.2 Subject: GN 2011 -035 Renew Business Internet Access Agreement with Charter Communications, Inc. for $1,840.00 monthly Summary Staff is recommending a 36 month renewal of the city's agreement for data service with Charter Communications, Inc. for $1,840.00 monthly. Under this agreement Charter will upgrade the city's existing internet service from 10 Mbps to 40 Mbps. General Description The city's franchise agreement expired on January 28, 2007. The city has been paying for service on a month to month basis since then. In 2005, the city connected Fire Station #1 and Fire Station #4 to the internet system without expanding the bandwidth. With the Library coming online and the anticipation of the recreation center coming online next year this upgrade is needed. It also positions the city for advancements on future facilities without compromising speed and connectivity to the current facilities. Recommendation Approve the renewal agreement with Charter Communications, Inc. for internet service. Charter" Business I IIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIIIIIIII 201101261556005 BUSINESS INTERNET ACCESS, VIDEO AND MUSIC 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 Marcus Cable Associates, L.L.C., ( "Charter Business" or "Charter ") with local offices at 15100 Trinity Blvd. Ste 500, Fort Worth TX 76155 and City of North Richland Hills, ( "Customer ") with offices located at 7202 DICK FISHER DR N, NORTH RICHLAND HILLS, TX 76180 -5064. 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. SERVICE ORDER Under the Business Internet Service Agreement CUSTOMER INFORMATION: Account Name: City of North Richland Hills Invoicing Address: Invoicing Special Instructions: 1. SITE - SPECIFIC INFORMATION: ❑ New ® Renew ❑ Change: Order Type: Renewal: Upgrade Service Location (Address): 7202 DICK FISHER DR N, NORTH RICHLAND HILLS, TX 76180 -5064 Service Location Name (for purposes of identification): Service Location Special Instructions: 0 Non - Hospitality or Non -Video CBCR v2 :006000000091AgY 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 Contact Site Contact Technical Contact Name Dana Alden Kyle Spooner Phone (817) 427 -6015 Fax Cell Pager Email Address dalder @nrhtx.com kspooner @nrhtx.com MONTHLY SERVICE FEES:' Data Services: Charter Business Bundle: No Bundle Base Service MEF Service Types (if applicable): Speed: 40 Mbps (Down /Up) $1,840.00 CPE: IP Options Static IP Package: $0.00 Static IP Addresses: (For Charter internal purposes only - Campaign Source (if applicable): * 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. ONE -TIME CHARGES: ONE -TIME CHARGES $0.00 2. TOTAL FEES. Total Monthly Service Fees of $1,840.00 are due upon receipt of the 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 36 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 Internet 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 CBCR v2 :006000000091AgY 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 = $333.33/24 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 Customers 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 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 Customers sole and exclusive remedy for Charters 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 Standard Terms of Service which follow, and hereby execute this Service Agreement by their duly authorized representatives. CBCR v2 :006000000091AgY Marcus Cable Associates, L.L.C. City of North Richland Hills By: By: Charter Communications, Inc., its Manager Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: Charter Business Account Executive: Name: Adam Kuehn Telephone: (817) 298-3653 Fax: (817) 358-7502 CBCR v2 :006000000091AgY STANDARD TERMS OF SERVICE 1. SERVICE. Charter agrees to provide the Services during the Service period to the Customer at the site(s) identified in the Service Order(s). "Service Period," is the time period starting on the date the Services are fully functional in all material respects and available for use as described in a Service Order or as reflected in the first invoice (the "Turn -up Date "), and continuing for the number of months specified in the Service Order(s). 2. 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) Monthly 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 Customer of such charges. Customer shall be assessed such additional One -Time Charges and /or adjusted Monthly Service Fees, either (i) in advance of implementation of the change request or (ii) beginning on the Customer's next and /or subsequent invoice(s). (e) Site Visits and Repairs If Customer's misuse, abuse or modification of the Services, Equipment or Network 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 %) per month on any outstanding past -due balance. (h) Non - Payment 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 Charge -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. Q) 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. CBCR v2 :006000000091AgY For purposes of clarification, in the event Charter's provision to Customer of one or more of the bundled 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 ap plicable 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 site(s) 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; Subsequent 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 Charter's 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 Customer's 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 Charters 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 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. CBCR v2 :006000000091AgY 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 Customer's 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. 5. 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 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 CBCR v2 :006000000091AgY 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 Rights 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 Pay- 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 Programming 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) Equipment 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 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. CBCR v2 :006000000091AgY (e) No Liability for Changes 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 Liability 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 Liability 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 Filtering 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 "firewall" 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 computer(s) and /or data even if the Customer utilizes blocking and filtering technologies. (i) Acceptable Use Policy Customer agrees to comply with the terms of Charter's Acceptable Use Policy ( "AUP "), found at www.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. Q) 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 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. 1. 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 60), 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, Customers name and any other necessary information for the limited purpose of licensing rights. CBCR v2 :006000000091AgY 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. 2. 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. 3. 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. 4. 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 "Who is 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. 5. 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. Notwithstanding anything to the contrary, in the event Customers 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 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. 9. Content Liability and Use Restrictions. Customer acknowledges Charter exercises no control whatsoever over the content of the information passing through Customer's site(s) 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; CBCR v2 :006000000091AgY (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 Customer's 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 Customers 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 NOW 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 Customer's 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 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 CBCR v2 :006000000091AgY 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. Charter does not support third -party hardware or software supplied by Customer. Any questions concerning third -party hardware or software should be directed to the provider of that product. Charter assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third party software, any Customer - supplied hardware or software with the Services. If such third -party equipment or software impairs the Services, Customer shall remain liable for payments as agreed (if any) without recourse for credit or prorated refund for the period of impairment. Charter has no responsibility to resolve the difficulties caused by such third -party equipment or software. If, at Customer's request, Charter should attempt to resolve difficulties caused by such third -party equipment or software, such efforts shall be performed at Charter's discretion and at then - current commercial rates and terms. 9. CUSTOMER USE. Customer agrees not to re -sell or re- distribute access to the Service(s) or system capacity, or any part thereof, in any manner without the express prior written consent of Charter. Customer agrees not to use or permit third parties to use the Service(s), including but not limited to the Equipment and software provided by Charter, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material. Customer agrees not to interfere with other customers' use of the Equipment or Services or disrupt the Charter Network, backbone, nodes or other Services. Violation of any part of this section is grounds for immediate Termination of this Service Agreement and /or all Service Orders in addition to any other rights or remedies Charter may have hereunder. 10. PERFORMANCE. Charter will use commercially reasonable efforts in keeping with normal industry standards to ensure that the Service is available to Customer twenty -four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of Service. Specifically, Customer understands and agrees that the Service may be unavailable from time to time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Charter's reasonable control. Temporary service interruptions /outages for such reasons, as well as service interruptions /outages caused by the Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by Charter to perform its obligations under this Service Agreement, and Customer will not hold Charter at fault for loss of Customer revenue or lost employee productivity due to Service outages. CBCR v2 :006000000091AgY 11. DEFAULT; SUSPENSION OF SERVICE; TERMINATION. No express or implied waiver by Charter of any event of default shall in any way be a waiver of any further subsequent event of default. Nothing herein, including, but not limited to Termination, shall relieve Customer of its obligation to pay Charter all amounts due. (a) Default by Customer Customer shall be in default under this Service Agreement in the event that the Customer does one (1) or more of the following (each individually to be considered a separate event of default) and the Customer fails to correct each such noncompliance within twenty (20) days of receipt of written notice in cases involving non - payment or within thirty (30) days of receipt of written notice in cases involving any other noncompliance: i Customer is more than thirty (30) days past due with respect to any payment required hereunder; ii Customer otherwise has failed to comply with the terms of this Service Agreement or any other Service Order(s) incorporated herein by execution thereof by the parties. (b) Charter's Right to Terminate and Termination Charge In the event Customer is in default, Charter shall have the right, at its option, and in addition to any other rights of Charter expressly set forth in this Agreement and any other remedies it may have under applicable law to: i Immediately suspend Services to the Customer until such time as the underlying noncompliance has been corrected without affecting Customer's on -going obligation to pay Charter any amounts due under this Agreement (e.g., the Monthly Service Fees), as if such suspension of Services had not taken place; ii Terminate the Services; or iii After the occurrence of two (2) such events of Customer default in any twelve (12) month period of time, terminate this Service Agreement and /or any or all of the applicable Service Order(s). If Termination is due to noncompliance by the Customer, -Customer must pay Charter a Termination charge (a 'Termination Charge "), which the parties recognize as liquidated damages. This Termination Charge shall be equal to fifty percent (50 %) of the unpaid balance of the Monthly Service Fees that would have been due throughout the remainder of the applicable Service Period plus one hundred percent (100 %) of (1) the outstanding balance of any and all One -Time Charges plus (2) any and all previously waived One -Time Charges. (c) Default by Charter Charter shall be in default under this Service Agreement in the event that Charter fails to comply with the terms of this Service Agreement and /or any or all of the applicable Service Order(s), and Charter fails to remedy each such noncompliance or occurrence within thirty (30) days of receipt of written notice from Customer describing in reasonable detail the nature, scope and extent of the default or noncompliance: (d) Customer's Right to Terminate and Termination Charge i Customer shall have the right, at its option and in addition to any other remedies it may have, to terminate any applicable Service Order(s), if the underlying event of default and /or noncompliance 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. ii 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 Warranty 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. CBCR v2 :006000000091AgY 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 Customer's Service by Charter without liability for Charter. Charter is not responsible for and assumes no liability for any damages resulting from the use of such applications, and Customer shall hold Charter harmless from and indemnify Charter against any claims, losses, or damages arising from such use. Charter is not responsible and assumes no liability for losses, claims, damages, expenses, liability, or costs resulting from others accessing the Customer's computers, its internal network and /or the Network through Customer's equipment, and Customer shall hold Charter harmless from and indemnify Charter against any such claims, losses, or damages to the full extent arising from such access. (e) Force Maieure Event Customer agrees that Charter shall not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond Charter's control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Services. 13. INDEMNIFICATION. In addition to its specific indemnification responsibilities set forth elsewhere in this Service Agreement and as permissible under applicable law, Customer agrees, at its own expense, to indemnify, defend and hold harmless Charter and its directors, employees, representatives, officers and agents, (the "Indemnified Parties ") against any and all claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Charter Indemnified Parties, including but not limited to, reasonable attorneys' fees and court costs incurred by Charter Indemnified Parties under this Service Agreement, to the full extent that such arise from Customer's misrepresentation with regard to or noncompliance with the terms of this Service Agreement and any or all Service Orders, Customer's failure to comply with applicable law, and /or Customer's negligence or willful misconduct. Charter Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim at Customer's cost and Customer agrees to cooperate with Charter Indemnified Parties in such case. 14. TITLE. Title to the Equipment shall remain with Charter during the applicable Service Period. Customer shall keep that portion of the Equipment located on Customer Premises free and clear of all liens, encumbrances and security interests. Upon Termination of Service or expiration of a Service Order's Service Period for a specific site, Charter shall have the right to remove all Equipment components and /or leave any of such components in place, assigning title and interest in such components to the Customer, it being understood that no further notice or action is required to accomplish the assignment contemplated hereunder. Charter shall have the right to remove the Equipment and all components within sixty (60) days after such Termination. CBCR v2 :006000000091AgY 15. COMPLIANCE WITH LAWS. Customer shall not use or permit third parties to use the Services in any manner that violates applicable law or causes Charter to violate applicable law. Both parties shall comply with all applicable laws and regulations when carrying out their respective duties hereunder. 16. PRIVACY. Charter treats private communications on or through its Network or using any Service as confidential and does not access, use or disclose the contents of private communications, except in limited circumstances and as permitted by law. Charter also maintains a Privacy Policy with respect to the Services in order to protect the privacy of its customers. The Privacy Policy can be found on Charter's website at www.Charter- Business.com. Customer represents and warrants that Customer has read the Privacy Policy and agrees to be bound by its terms. Customer expressly understands and agrees that the Privacy Policy may be updated or modified from time to time by Charter, with or without notice to Customer. 17. GENERAL CUSTOMER REPRESENTATIONS AND OBLIGATIONS. Customer represents to Charter that Customer has the authority to execute, deliver and carry out the terms of this Service Agreement and associated Service Orders. Customer also represents that any person who accesses any Services through Customer's equipment or through the Network facilities in Customer's Premises will be an authorized user, will use the Service, Network and /or Network facilities in an appropriate and legal manner, and will be subject to the terms of this Service Agreement. Customer shall be responsible for ensuring that all such users understand the Service Agreement and comply with its terms. The Customer shall be responsible for all access to and use of the Service by means of the Customer's equipment, whether or not the Customer has knowledge of or authorizes such access or use. The Customer shall be solely liable and responsible for all charges incurred and all conduct through either authorized or unauthorized use of the Service, until the Customer informs Charter of any breach of security. Charter expressly prohibits using the Service for the posting or transferring of sexually explicit images, material inappropriate for minors, or other offensive materials. By signing, Customer expressly acknowledges that Customer will not post or transfer or permit others to post or transfer such materials using the Service. 18. NOTICES. Any notices to be given under this Service Agreement shall be validly given or served only if in writing and sent by nationally recognized overnight delivery service or certified mail, return receipt requested, to the following addresses: If to Charter: Charter Communications ATTN: Charter Business 15100 Trinity Blvd. Ste 500 Fort Worth, TX 76155 with copies to: Charter Communications ATTN: Legal Department Dept: Corporate Operations 12405 Powerscourt Drive St. Louis, MO. 63131 and Charter Communications ATTN: CB Corporate — Contracts Management 12405 Powerscourt Drive St. Louis, MO. 63131 If to Customer: City of North Richland Hills ATTN: Dana Alden 7202 DICK FISHER DR N NORTH RICHLAND HILLS, TX 76180 -5064 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. CBCR v2 :006000000091AgY (c) No Assignment 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) Severability 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 Missouri, without regard to conflicts of law provisions. Customer agrees that the federal and state courts of Missouri alone have jurisdiction over all disputes arising under this Agreement, and Customer consents to personal jurisdiction of those courts with respect to any disputes arising under this Agreement. 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 Party 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. CBCR Q :006000000091AgY CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 5 -23 -2011 Presented by: Larry Koonce Agenda No. B.3 Subject: PU 2011 -020 Authorize Inter -local Purchasing Agreement with the City of Georgetown Summary This item is a request for Council approval of an inter -local purchasing agreement with the City of Georgetown. General Description: The City of Georgetown is requesting to enter into an inter -local purchasing agreement for the purchase of goods and services from vendors selected through the competitive bidding process. The City of Georgetown is interested in purchasing from the City of North Richland Hills current contract (10 -042) for fire fighting clothes /bunker gear. The cities of China Grove, Grapevine, Live Oak, Mercedes, Rowlett, and Temple have recently entered into an inter -local agreement to take advantage of this same firefighter clothes /bunker gear contract. Council has authorized several of these inter -local agreements in the past and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of the goods and /or services. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Georgetown may change or cancel the agreement with a 30 -day written notice. North Richland Hills currently participates in inter -local agreements with several local governments. Some of the agreements are with the City of Cedar Hill for the purchase of EMS medical supplies, Tarrant County for the purchase of road materials and the City of Hurst for the purchase of auto parts. Recommendation Authorize an inter -local agreement with the City of Georgetown. INTERLOCAL AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND CITY OF GEORGETOWN This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as "NRH ", and the City of Georgetown, hereinafter referred to as "City of Georgetown ". Pursuant to the authority granted by the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (Vernon's Annotated Texas Statutes) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and City of Georgetown desire to enter into an Agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid'_ The responsibility of each entity shall be as follows: 1. NORTH RICHLAND HILLS 1. NRH shall be allowed to purchase goods and services from vendors who have been selected by City of Georgetown through the competitive bidding process. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. Z. All purchases will be within the specifications that have been agreed to. NRH shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. NRH shall give a 30-day written notification to all participating agencies of any change or cancellation of participation. 4. The Purchasing Agent shall be designated as the official representative to act for NRH on all matters relating to this cooperative purchasing agreement. IL City of Georgetown 1. City of Georgetown shall be allowed to purchase goods and services from vendors who have been selected by NRH through the competitive bidding process of NRH. City of Georgetown will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications and estimates that have been agreed to. City of Georgetown shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. City of Georgetown shall give a 30 -day written notification to NRH of any change or cancellation of participation. 4. The Purchasing Manager shall be designated as the official representative to act for City of Georgetown in all matters relating to this cooperative purchasing agreement. Ill. Per Section 391.011 of the Government Code, each Party paying for the performance of government functions or services must make those payments from current revenues available to the paying Party. Neither the City of Georgetown nor the City of North Richland Hills will charge an administrative fee. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RICHLAND HILLS CITY OF GEORGETOWN City Manager TITLE , 3 ( DATE: DATE: aRki 1 ATTEST: ATTEST: r .. City Secretary LE: APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney for the City of NRH City Attorney of City of Georgetown CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 5 -23 -2011 Presented by: Larry Koonce Agenda No. B.4 Subject: PU 2011 -021 Authorize Inter -local Purchasing Agreement with the Harris County Department of Education Summary This item is a request for Council approval of an inter -local purchasing agreement with Harris County Department of Education (HCDE). General Description: The Harris County Department of Education maintains the Choice Facility Partners Purchasing Cooperative program that awards contracts for goods and services which are posted to a secure website. Entering an interlocal agreement with Harris County Department of Education and becoming a Cooperative member would allow the city to take advantage of savings for goods and services ranging from audio visual equipment, electricians, roofers, security cameras and signage The Harris County Department of Education currently has four hundred thirty three (433) Texas entities as members. The Cities of Arlington, Burleson, Garland, Keller, Lewisville, McKinney, Mesquite, Plano and Southlake are just a few of the surrounding cities who are current members. Pooling the efforts of a large number of entities creates greater purchasing power for local governments. Local Government Code states that a purchase made under a cooperative purchasing program satisfies any State laws that would require the city to solicit competitive bids. The cooperative intent is to extend options to local governments and other political subdivisions. Participation in this program will be cost effective to the city. Recommendation Authorize Inter -local Purchasing Agreement with the Harris County Department of Education. Municipality Master Service Interlocal Contract Between Harris County Department of Education &City of North Richland Hills Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 271, Subehapter F of the Texas Local Government Code, this Interlocal and Cooperative Purchasing Program. Contract ("Contract") is made and entered into by and between the Harris County Department of Education ( "HCDE "), located in Houston, Texas, and City of North Richland Hills ( " CITY "), located in North Richland Hills Texas, for the purpose of providing services, Preamble HCDE is a local governmental entity established to promote education in Harris County, Texas and is also duly authorized to provide programs and services in the State of Texas. Both HCDE and CITY desire to set forth, in writing, the terms and conditions of their agreement, Cencral Terms and Conditions In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound agree as follows: I . Term. This Contract is effective from the date of the last signature and shall automatically .renew unless either party gives thirty (30) days prior written notice of non- renewal. This Contract may be terminated by either party with or without cause with thirty (30) days written notice. See other means of terminating the contract in Article 11, below. Any such notice shall be sent according to Article 8. 2. Agreement. The terms of this Contract shall apply and will be considered a part of any Addendum for programs and services delivered by .HCDE. This Contract and the attached and incorporated Addendum, purchase orders, or exhibits, if any, contain the entire agreement of the parties and there are no representations, agreements, arrangements, or undertakings, oral or written, between the parties to this Contract other than those set forth in this Contract and duly executed in writing. 3. Purpose and Scope of Work. A. HCDE agrees to: • Provide CITY with subsequent independent contracts and/or descriptive offerings of each of the programs and services that HCDE provides through its respective divisions. • Provide services upon the submission of independent contracts or purchase orders within the HCDE divisions. ■ Conduct, as a mininnim, an annual audit or survey, as appropriate, for each of the programs. B. CITY agrees to: ■ Participate in any or all of the services that HCDE has to offer. ■ Submit purchase order(s) or independent conti-act(s) for each of the programs it wishes to purchase and/or collaborate. • Agree to follow the terms and conditions of each independent contract or purchase orders for each of the prograrns. Municipality Master Service Interlocal Contraia Page I o('3 Updated 06123/09 ■ Assign the appropriate person to act as representative to each respective program delivered, 4, ALli. HCDE makes this Contract available to HCDE participating entities "as is" and are under no obligation to revise the terms, conditions, scope, prices, and/or any requirements of the Contract for the benefit of CITY. S. A§§itznmg . Neither this Contract nor any duties or obligations entered in subsequent contracts because of this agreement shall be assignable by either party without the prior written acknowledgment and authorization of both parties. 6. Conflict of Interest. During the Tcrrn of HCDE's service to CITY, CITY, its personnel and agents, shall not, directly or indirectly, whether for CITY's own account or with any other person or entity whatsoever, employ, solicit or endeavor to entice away any person who is employed by HCDE. 7. !Qqntract Amendment. This Contract may be amended only by the mutual agreement of all parties in writing to be attached to and incorporated into this Contract. 8. h1glig,2. Any notice provided under the terms of this Contract by either party to the other shall be in writing and shall be sent by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows: Harris County Department of Education City of North Richland Hills Attn: John E. Sawyer, Ed. D. Attn: Jamie Brockway County School Superintendent Title: Purchasing manager 6300 Irvington Blvd. Address 1. 7301 N ' E Loop 62O Houston, Texas 77022 Address 2: North Richland Hills, TX 76180 713-694-6300 Phone: 817427-6165 Email: Tbr-k-y&rh� 9. &,lation of Parties. It is the intention of the parties that CITY is independent of HCDE and not an employee, agent, joint venturer, or partner of RCDE and nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between HC-DE and CITY or HCDE and any of CITY's agents. 10, Noa&xclusivay of Services. Nothing in this Contract may be construed to imply that HCDE has exclusive right to provide CITY these services. During the Term of Contract, CITY reserves the right to use all available resources to procure other professional services as needed and, in doing so, will not violate any rights of HCDE. 11. Termination, This Contract may be terminated prior to the expiration of the Term hereof as follows: ■ By CITY upon M days notice if the work/service is not provided in a satisfactory and proper manner after a remedy has been reported and discussed ■ By mutual written agreement of the parties, upon thirty (30) days prior notice; or • By either party immediately if the other party commits a material breach any of the teens of this Contract and no remedial action can be agreed upon by the parties. Municipality Master Service Iriterlocil Contract Palle 2 of 3 Updated 06/23/09 12. Master Contract; This Contract can be utilized as the Master Contract. The general terms and conditions in this Contract will serve to outline the working relationship between HCDE and the CITY. Both parties agree to allow the CITY to use any or all of the following prograrns and/or services with no charge from HCDE: Choice Facility Partners (CFP), Gulf Coast Food Cooperative, Purchasing Cooperative, Drug Testing Services and Fuel Cooperative. The CITY agrees to adhere to the terms and conditions set forth for the programs and/or services as contracted tinder these programs. All other programs and/or services provided by HCDE requiring a &e will need an addendum to the approved Master Interlocal Contract. The specific terms and conditions of the addendum will govern that individual contract. In the case of a conflict between the Master Contract and any addendum, the provisions or the addendum will govem. 13. Severability, In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegality, or unenforceable provision had never been contained in it, 14. Governing Law and Venue This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in Harris County, Texas. 15. Authorization, Each party acknowledgcs that the governing body of each party to the Contract has authorized this Contract. 16. Benefit for Sipnatory Parties Onl y . Neither this Conti-act, nor any term or provisions hcreof, not any inclusion by reference, shall be construed as being for the benefit of ally party not in signatory hereto. In witness whereof, I-ICDE and CITY have executed this Contract to be effective on the date specified in Article 1. I= above: North Richland Hills Harris County Department of Education Name of City ..........._.._. _.....- .,.,_....__.W..._.._.... — - — ------- - — ----- ----- Authorized Signature Mark Hindman John E. Savvyer, Ed.D. Printed Name City Manager --- County School Superintendent T, if� May 23, 2011 Date Date Municipality Master Service Interk" Contract Page 3 of 3 Uixtated 06/23/09 CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 5 -23 -2011 Presented by: Dana Alden Agenda No. B.5 Subject: GN 2011 -036 Renew the Joint Administration Agreement for Community Development Block Grant with Tarrant County for 2012 -2014 - Resolution No. 2011 -023 Summary The joint administration agreement between the City of North Richland Hills and Tarrant County includes the administration of the CDBG grant which the City of North Richland Hills receives direct CDBG funding. The agreement allows the City of North Richland Hills to continue to be a part of the Urban County for the purpose of program planning and implementation for the entire period of the Urban County qualification. General Description In order to continue to receive Community Development Block Grant (CDBG) Entitlement funding through 2014, Tarrant County must once again qualify as an Urban County under the CDBG and HOME programs. Entitlement counties must re- qualify every 3 years for funding. Tarrant County is eligible to receive entitlement grant funds by having a combined population of 200,000 or more from unincorporated areas and participating municipalities. Under the Urban County designation Tarrant County is authorized to undertake essential community development and housing assistance activities without the consent of local governments; therefore, the County must notify local governments that they have the option to be included or excluded from the Urban County designation. North Richland Hills accepted its status to be included in the Urban County and entered into a joint agreement with the urban county 3 years ago and wishes to maintain the same relationship with the county for this next qualification period. If the City of North Richland Hills chooses to renew and enter into an agreement with Tarrant County the city must notify Tarrant County through a signed resolution by June 6, 2011. Recommendation Approve Resolution No. 2011 -023 the renewal of the Joint Administration Agreement for participation in the Community Development Block Grant with Tarrant County for 2012- 2014. RESOLUTION # RESOLUTION FORMING A JOINT ADMINSITRATIVE AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS, A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, AND TARRANT COUNTY FOR ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2012 THROUGH 2014, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED WHEREAS, the Congress of the United States of America has authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended; 42 U.S.C. Sec 5301, as amended through the Housing and Community Development Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR 570.308, allows any urban county and any metropolitan city located, in whole or in part, within that county to submit a joint request to HUD to approve the inclusion of the metropolitan city as a part of the urban county for purposes of planning and implementing a joint community development and housing program, and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community Development Block Grant and HOME program funds provided said County has a combined population of 200,000 persons in its unincorporated areas and units of general local government with which it has entered into cooperative agreements, and WHEREAS, Tarrant County has been designated an "Urban County" and the City of North Richland Hills has accepted a designation of "metropolitan city" by the Department of Housing and Urban Development to receive direct entitlement of Community Development Block Grants (CDBG), and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities, and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments to consolidate governmental functions, and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual CDBG Program Allocations from Federal Fiscal Years 2012, 2013, 2014 appropriations and from any program income generated from the expenditure of such funds, and WHEREAS, Tarrant County and the City of North Richland Hills agree to cooperate to undertake, or assist in undertaking, community renewal and low income housing assistance activities, and WHEREAS, the City of North Richland Hills has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations and 1 WHEREAS, the City of North Richland Hills has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within jurisdictions, and WHEREAS, Tarrant County and the City of North Richland Hills shall take all actions necessary to assure compliance with the Urban County's. certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws, and WHEREAS, the City of North Richland Hills agrees to inform the County of any income generated by the expenditure of CDBG funds received and that any such program income must be paid to the County to be used for eligible activities in accordance with all CDBG Program requirements, and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County is responsible for ensuring that CDBG funds are used in accordance with all program requirements, including monitoring and reporting to the U.S. Department of Housing and Urban Development on the use of program income and that in the event of close -out or change in status of the city of North Richland Hills, any program income that is on hand or received subsequent to the close -out of change in status shall be paid to the County, and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County, as the recipient is responsible for ensuring that CDBG funds are used in accordance with all program requirements. The use of designated public agencies, subrecipients, or contracts does not relieve Tarrant County of this responsibility. Tarrant County is also responsible for determining the adequacy of performance under subrecipient agreements and procurement contracts, and for taking appropriate action when performance problems arise, such as the actions described in §570.910. Where a city is participating with, or as part of Tarrant County Urban County, as a participating unit, or as part of a metropolitan city, the County is responsible for applying to the unit of general local government the same requirements as are applicable to subrecipients, except that the five -year period identified under §570.503 (b) (8) (i) shall begin with the date that the unit of general local government is no longer considered by HUD to be a part of the metropolitan city or urban county, as applicable, instead of the date the subrecipient agreement expires, and WHEREAS, the City of North Richland Hills, agrees to notify Tarrant County of any modification or change in the use of the real property from that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations, and WHEREAS, any money generated from disposition or transfer of the property will be treated as program income and returned to the county prior to or subsequent to the close -out, change of status or termination of the cooperation agreement between county and the City of North Richland Hills; NOW, THEREFORE, BE IT RESOLVED, by the City of North Richland Hills, that the City Council of North Richland Hills, Texas supports the application of Tarrant County for funding from the Housing and Community Development Act of 1974, as amended, and asks that its population be included for three successive years with that of Tarrant County, Texas to carry out under Public Law 2 93 -383, and Affordable Housing activities under Public Law 101 -625, and authorizes the Mayor of North Richland Hills, Texas to sign such additional forms as requested by the Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the City of North Richland Hills, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. BE IT FURTHER RESOLVED, this agreement will automatically be renewed for participation in successive three -year qualification periods, unless Tarrant County or the City of North Richland Hills provides written notice it elects not to participate in a new qualification period. Tarrant County will notify the City of North Richland Hills in writing of its right to make such an election on the date specified by the U.S. Department of Housing and Urban Development (HUD) in their urban county qualification notice for the next qualification period. Any amendments or changes contained within the urban county qualification notice applicable to for a subsequent three -year urban county qualification period must be adopted by Tarrant County and the City of North Richland Hills, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. This agreement remains in effect until CDBG funds, and income received to the Fiscal Years 2012, 2013, and 2014 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, and neither Tarrant County nor the City of North Richland Hills may terminate or withdraw from the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a subsequent three -year urban county agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of North Richland Hills. Any notice of changes or amendments to this agreement by the City of North Richland Hills to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. PASSED AND APPROVED THIS day of , ATTEST: APPROVED: CITY SECRETARY MAYOR COMMISSIONERS COURT CLERK COUNTY JUDGE Approval Form for District Attorney Approved as to Form* *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). 3 JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § The CITY OF NORTH RICHLAND HILLS, hereinafter called "City ", has accepted a designation by the United States Department of Housing and Urban Development (HUD) as a metropolitan city eligible to receive direct entitlement of Community Development Block Grant (CDBG) funds for the FY 2012 -2014 program years, and The CITY OF NORTH RICHLAND HILLS has entered into a cooperative agreement (attachment "A ") with TARRANT COUNTY, hereinafter called "County ", to participate in the County's CDBG program as a metropolitan city eligible to receive direct entitlement of CDBG funds, and The CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY have agreed to abide by HUD requirements as detailed in CPD 96 -04, Article 5, in the cooperative agreement (attachment "A "), and in accordance with 24 CFR 570.308 Joint Requests. This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and between the City Council of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY and the parties hereby AGREE as follows: 1. Scope of Term of Services The County through this Joint Administrative Agreement agrees to administer on behalf of the City of North Richland Hills all activities and requirements of federal, state and local law, and rules and procedures of the United States Department of Housing and Urban Development with regard to the City's Community Development Block Grant entitlement program for the Fiscal Years 2012 through 2014. 2. Distribution of CDBG The City shall receive CDBG entitlement program funding from the County as an entitled metropolitan city. The amount of funding shall be equivalent to or greater than what HUD determines annually as the City's entitlement as a metropolitan city. 3. Duties of County The County shall be responsible for administering all activities related to the City CDBG entitlement program in accordance with 24 CFR 570.500 Subpart "J" Grant Administration, 24 CFR 570.501(b), and 24 CFR 570.503. 4. Duties of the City The City will approve all City CDBG entitlement program funding decisions. The City will determine specific programs, projects, or any other uses to the extent permitted and consistent with HUD eligible activities. 5. City Administrative Expenses The County shall remit to the City, for HUD eligible reimbursable administrative costs, an amount not to exceed SIX PERCENT (6 %) of the total allowable (20 %) under 570.205, 570.206 and OMB Circular A -87 and A -133. This Joint Administrative Agreement is executed on behalf of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY by its duly authorized officials. CITY OF NORTH RICHLAND HILLS MAYOR DATE: TARRANT COUNTY, TEXAS B. Glen Whitley, JUDGE DATE: CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 5 -23 -2011 Presented by: Dana Alden Agenda No. B.6 Subject: GN 2011 -037 Renew the Joint Grant Agreement for Administration of the HOME Investment Partnership Program - Resolution No. 2011 -024 Summary The joint administration agreement between the City of North Richland Hills and Tarrant County includes the administration of the HOME Investment Partnership Program funding. The agreement allows the City of North Richland Hills to continue to be a part of the Urban County for the purpose of program planning and implementation for the entire period of the Urban County qualification. General Description In order to continue to receive HOME Investment Partnership Program funding through 2014, Tarrant County must once again qualify as an Urban County under the CDBG and HOME programs. Entitlement counties must re- qualify every 3 years for funding. Tarrant County is eligible to receive entitlement grant funds by having a combined population of 200,000 or more from unincorporated areas and participating municipalities. In order for the City of North Richland Hills to participate in the HOME Program with Tarrant County we must agree to be a part of the Tarrant County Home Consortium. North Richland Hills accepted its status to be included in the Tarrant County HOME Consortium and entered into a joint agreement with Tarrant County 3 years ago. This arrangement has allowed the City of North Richland Hills to minimize administrative costs and staff recommends that we maintain the same relationship with the county for this next qualification period. If the City of North Richland Hills chooses to renew and enter into an agreement with Tarrant County the city must notify Tarrant County through a signed resolution by June 6, 2011. Recommendation Approve Resolution No. 2011 -024 the renewal of the Joint Grant Agreement for participation in the Administration of the HOME Investment Partnership Program. RESOLUTION RESOLUTION FORMING A HOME CONSORTIUM BETWEEN THE CITY OF NORTH RICHLAND HILLS, A DESIGNATED DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ) JD METROPOLITAN CITY, AND TARRANT COUNTY FOR PARTICIPATION IN TARRANTCOUNTY"S HOME INVESTMENT PARTNERSHIP PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL, YEAR 2012 THROUGH 2014, SUBJECT TO THE JOINT GRANT AGREEMENT ATTACHED (ATTACHMENT "A "). WHEREAS, the Congress of the United States of America has enacted the HOME Investment Partnerships Act, Title 11 of the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C. See 12701, as amended, and WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR 92, allows units of general local government to enter into mutual cooperation agreements to form a HOME program consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Investment Partnership Program. and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share HOME Investment Partnership program funds provided said County has a combined population of 200,000 persons in its incorporated areas and units of general local government with which it has entered into cooperative agreements, and WHEREAS, Article 111, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities, and WHEREAS, the City of North Richland Hills shall not apply for grants under the State HOME Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's HOME program, and WHEREAS, the City of North Richland Hills shall not participate in a HOME consortium except through Tarrant County, regardless of whether or not Tarrant County receives a HOME formula allocation, and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual HOME Program Allocations from Federal Fiscal Years 2012, 2013, 2014 appropriations and from any program income generated from the expenditure of such funds. and WHEREAS, Tarrant County and the City of North Richland Hills agree to cooperate to undertake, or assist in undertaking, program activities to expand the supply of decent, safe, sanitary and affordable housing for low income and very low income Americans, and WHEREAS, Tarrant County has authorized the Tarrant County Community Development Division to act in a representative capacity as the lead entity for all members of the consortium for the purposes of administering the HOME program, assuming overall responsibility for ensuring the consortium's HOME program is carried out in compliance with the requirements of the HOME program and the Consolidated Plan, and WHEREAS, Tarrant County will not fund activities in support of any cwoymrudug unit of general government that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions m comply with its fair housing certification, and WHEREAS, in aocnrJua*n with 24 CFR Part 9l and 92. Tunzmt County io responsible for ensuring that HOME funds are used in accordance with all program requirements, including monitoring and reporting ou the U.S. Department of Housing and 0r6uo Development ou the use of program income and that iu the event of close-out mchange iu status of the city ofNorth Richland Hills, any program income that isou hand nr received subsequent to the 6000'ou of change iostatus u6o1l6c paid tn the County, and WHEREAS, the City of North Diob\uud Hills, agrees to notify Tarrant Count) of any modification or change in the use nfdie reopnoporty6numt6at planned at the time of acquisition or improvement, including disposition, and further agrees Wreimburse the County iu un amount eqmd to | the current fair market value (less any portion thereof attributable to expenditure of non-HOME funds) of property acquired or improved with HOME funds that is sold or transferred fbr a use which does not qualify under the HOME regulations, and WHEREAS, any money generated from disposition or transfer ofthe property will ketreated as program income and returned to the county prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between county and the City of North Richland Hills; NOW, THEREFORE, BEyT RESOLVED, by the City of North Richland Hills, that the City Council of North Richland Hills, Texas supports the application n[ Tarrant County for funding from the Housing and Community Development Act n{l874, as amended, and uuka that its population be included for three successive years with that ofTarrant County, Texas tm carry out under Public Law 93'383. and Affordable Housing activities under Public Ln"v 101-625, and authorizes the Mayor of North Richland Hills, Texas m sign such additional forms nsrequested 6y the Department ofHousing and Urban Development pursuant m the purposes ofthe8cn"|udoo further that the City ofNorth Richland Hills, Texas understands that Tarrant County will have final responsibility for ue\c*hng projects and filing annual grant requests. BE IT FURTHER RESOLVED, this n&7*mo*nt will uummxhouOy be rmxm'od for partidpodooio successive three-year qualification periods, unless Tarrant County o« the City ofNorth Richland Hills provides written notice it elects not oo participate iououw4malifioubonperind. Tarrant County will notify the City of North Richland Hills io writing of its right to make such mn election "n the date specified by the U.S. Department of Housing and Urban Development (HUD) in their urban county qualification notice for the next qualification period. Any amendment or changes contained within the urban county qouUHxudvu notice applicable to for ^ subsequent dxmmymn m6mo oomouy qualification period must beadopted by Tarrant County and the City nf North Richland Hills, and submitted toHUD. Failure ky either party wadopt such ao amendment m the agreement will void the automatic renewal of this agreement. This agreement remains in effect until HOME funds, and income received to the Fiscal Ycmm 2012, 2013, and 2014 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, and neither Tarrant County nor the City of North Richland Hills may terminate or withdraw from the agreement while the agreement ner`oiosiueffect. 2 Official notice of irtnendments or changes applicable for it subsequent three-year urban county agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of North Richland Hills. Any notice of changes or amendments to this agreement by the City of North Richland Hills to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. PASSED AND APPROVED THIS _ day of ATTEST. APPROVED: CITY SECRETARY MAYOR COMMISSIONERS COURT CLERK COUNTY JUDGE Approval Forni for District Attorney Approved as to Form* *By law. the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). 3 JOINT GRANT AGREEMENT FOR ADMINISTRATION OF HOME INVESTMENT PARTNERSHIP PROGRAM THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § The CITY OF NORTH RICHLAND HILLS, hereinafter called "City has accepted a designation by the United State., Department of Housing and Urban Development (HUD) as a metropolitan city under the Community Development Block Grant (CDBG), As a metropolitan city under CDBG. the City will make agreements to form a HOME consortium with the urban. county to receive HOME Investment Partnership Program (HOME) funds for the FY 2012-2014 program year, and The CITY OF NORTH RICHLAND HILLS has entered into a cooperative agreement {attachment "A") with TARRANT COUNTY, hereinafter called "County', to participate in the County's HOME program as a HUD designated metropolitan city, and The CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY have agreed to abide by HUD requirements as detailed in CPD 9644, Article 5, in the cooperative agreement (attachment "A"), and in accordance with 24 CFR 92.101 Consortia and 24 CFR 9 Participating rig jurisdiction responsibilities; written agreements; on-site inspection. This JOINT GRANT AGREEMENT is made and entered into by and between the City Council of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY and the parties hereby AGREE as follows: 1. Program Activity. The City of North Richland Hills and Tarrant County through this Joint Grant Agreement agree to cooperate to undertake or to assist in undertaking housing assistance activities for the HOME program as guided by federal, state, local law, and rules and procedures of the United States Department of Housing and Urban Development for the Fiscal Years 2012 through 2014, 2, Re )reset Appointment. The County is authorized to act in a representative capacity as the lead entity for all members if the consortium for the purposes of administering the HOME program. 3. Representative Responsibilities. The County assumes overall responsibility for ensuring that the consortium's HOME program is carried out. in compliance with the requirements of the HOME program, including requirements concerning the Consolidated Plan, 24 CFR Part 91. 4. Fair Housin The City of North Richland Hills will agree to affirmatively further fair housing. .................... 5. Term. The consortium's qualification period is FY 2012 — 2014 whereby Tarrant County has the authority to carry out activities funded from annual HOME program allocations from Federal Fiscal Years 2012, 2013, and 2014 appropriations and from any program income generated from the expenditure of such funds. 6. Automatic Renerwal. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless 'Tarrant County or the City of North Richland Hills provides written notice it elects not to participate in a new qualification period. 'Tarrant County will notify the City of North Richland Hills in writing of its right to make such an election on the date specified by the U.S. Department of Housing and Urban Development (HUD) in their urban county qualification notice for the next qualification period. Any amendments or changes contained within the urban county qualification notice applicable to for a subsequent three-year urban county qualification period must be adopted by Tarrant County and the City of North Richland Hills, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement, 7. Program Year. July 1, 2012 is the beginning date of the 2012 program year. A program year will end June 30 the following year. - 8. Authoritv to Amend Aureement. Tarrant County is authorized to amend the agreement and to add new members on behalf of the entire consortium, unless otherwise specified in this agreement. This Joint Grant Agreement is executed on behalf of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY by its duly authorized officials. CITY OF NORTH RICHLAND HILLS DATE:,-,, . ...... TARRANT COUNTY, TEXAS K _Glen Whitley, JUDGE DATE: CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 5 -23 -2011 Presented by: Dana Alden Agenda No. B.7 Subject: GN 2011 -042 Approve the Master Fiber Agreement between the City of North Richland Hills and Charter Communications, Inc. for $1,013.57 monthly Summary In 2005, Council approved the contract with Charter Communications, Inc. for the construction of fiber optic network to connect Fire Station #1 and Fire Station #4 to the City's computer data network. This agreement adds fiber optic connection to the city library and PD #2 for a total of approximately 290,000 feet of fiber optic cable in the City of North Richland Hills. General Description The current dark fiber maintenance agreement includes service to 7 different city facilities. The difference in price between Charters pricing for Leased Fiber per month at $5,791.84 and the pricing for Charter's Fiber maintenance at $1,013.57 represents a discount of 83 %. This discount reduces the monthly rate by $4,778.27. _..._. ... ............ City of North Richland Hills Pric for FibiWalintenartce A Location Z Location cnts9 Miles Feet Fiber Fiber strand - Name Address Name Address Count Footage foot City Hag 7301 NE Loop 820 NRH20 9001 Boulevard 26 2.7 14,2561 6 85,536 5299.38 NRH20 9001 Baulevard 28 City Library 9015 Grand Ave 0.7 3,898 2 7,392 $25.87 City Hall 7301 NE Loop 820 Fire Station 2 4001 Rufe Snow 2.1 11,088 6 66,528 $232.85 City Hap 7301 NE Loop 820 Fire Stage 3 1 ,328 Davis Blvd. 1.2 8,338 Er 38,018 5133.08 Fire Admin 7202 Dick Fisher Dr Fire Station 1 8001 Shadywood Ln 5.1 28,928 2 53,858 5185.50 Fire Admin 7202 Dick Fisher Dr Fire Station 4 7254 Hightower Dr 1.7 8,978 2 17,952 562M City Hag 7301 NE Loap 820 Comma* Center 8000 Hawk Avenue 0.1 599 2 1,199 $4.19 City Hag 7302 NE Loop 820 Pie #2 1.8 9,557 2 19,1141 °x&8.90 Total 289,592 1 $4,011417 Recommendation Approve the Master Fiber Agreement between the City of North Richland Hills and Charter Communications, Inc. MASTER FIBER AGREEMENT Between City of North Richland Hills And Marcus Cable Associates, LLC 4/15/11 Charter Communications CONFIDENTIAL MASTER FIBER AGREEMENT This Master Fiber Agreement (the "Agreement ") is made as of 12/13/10 by and between Marcus Cable Associates, LLC ( "Charter Business" or "Charter "), a Delaware limited liability company on behalf of itself and any of its Affiliates ( "Provider ") and the City of North Richland Hills ( "Recipient "), each a "Party." RECITALS WHEREAS, Recipient and Provider wish to establish an agreement under which Recipient has previously obtained from Provider a license to exclusively use dark fibers along such route of Provider for Recipient's use, each as specified in Exhibit A. The form of consideration paid shall be set forth in Exhibit A . With respect to all matters in which Provider is providing fibers or other associated rights to Recipient, Provider shall be referred to as "Provider" and the Recipient receiving those fibers shall be referred to as "Recipient ". NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows: ARTICLE1. DEFINITIONS As used in this Agreement, the following terms shall have the following meanings ascribed to them: "Affiliate" shall mean any Person that directly or indirectly controls or is controlled by or is under common control with, or is managed by, the specified Person. For purposes of this definition only, "control" means (i) in the case of corporate entities, direct or indirect ownership of at least fifty percent (50 %) of the stock or participating shares entitled to vote for the election of directors, and (ii) in the case of non - corporate entities, direct or indirect ownership of at least fifty percent (50 %) of the equity interest with the power to participate in the management and policies of such non - corporate entity. "Force Majeure Event" means an unforeseen event beyond the reasonable control of a Party. "Cable" shall mean all Provider fiber optic cable now or hereafter containing the Licensed Fiber(s). "Claims" shall mean causes of action, losses, claims, liabilities, costs (including reasonable attorneys' fees and related necessary legal costs), damages for injury to or death of Persons, impairment to the environment, and loss of or damage to property. "Costs" shall mean one hundred and fifteen percent (115 %) of all direct internal and third party costs incurred by Provider in performing the services or work and which it utilizes in billing third parties for reimbursable projects. "Imposition" shall mean all taxes, fees, levies, imposts, duties, charges or withholdings of any nature (including, without limitation, gross receipts taxes and franchises, license, and /or permit fees) together with any penalties, fines, assessments or interest thereon, arising out of the transactions contemplated by this Agreement and /or imposed upon the Licensed Fiber(s) by any federal, state, or local government or other public taxing authority of competent jurisdiction. Charter Communications CONFIDENTIAL "Person" shall mean any individual, partnership, corporation, limited liability company, joint venture, trust, business trust, cooperative or association, and the heirs, executors, administrators, legal representatives, successors and assigns of such Person where the context so admits. "Licensed Fiber(s)" shall mean the optical fibers in the number and of the type specified in Exhibit A along the System Route and licensed to Recipient. "Rights of Way" shall mean the land and other rights granted to Provider by a third party through or by way of the Underlying Rights. "Institutional Network" shall mean the Recipient's use of the Licensed Fibers and further subject to Exhibit A attached hereto. "Specifications" shall mean the specifications set forth in Exhibit B attached hereto with respect to the Licensed Fiber(s). "System" shall mean the fiber optic communication system along the System Route. "System Route" shall mean the route of the Licensed Fiber(s) set forth in Exhibit A. "Term" shall mean a time period of five (5) years from the Effective Date of this Agreement. "Underlying Rights" shall mean all deeds, leases, easements, rights of way, licenses, franchises, permits and other rights, titles or interests pertaining to the underlying real property and /or rights -of -way over and /or within which the Licensed Fiber(s) shall be located, as are necessary for the construction, installation, operation, maintenance or repair of the System, including all uses of the System by Recipient hereunder. ARTICLE 2. GRANT OF LICENSE 2.1. Grant of License to Recipient. In exchange for the consideration referenced in Exhibit A, and subject to the conditions hereinafter set forth, Provider grants to Recipient a license to use the Licensed Fiber(s) for the Term ( "License "); Recipient acknowledges that this grant of License expressly excludes the grant by Provider to Recipient of any rights or interest in the Underlying Rights. Provider agrees to use commercially reasonable efforts to maintain all Underlying Rights through the Term. 2.3 Legal Title. Legal title to the System, including fiber and cable sheathing and any bridge attachments, conduits, brackets, insulators, fixtures, guy wires, anchors, splice boxes, fiber distribution centers and other hardware needed or used to fasten or support the Cable, shall remain with and be held by Provider. Neither anything contained in this Agreement, nor any use, however extended, of the Licensed Fiber(s), nor any placement of Recipient's facilities on or in the System shall create or vest (or be construed as creating or vesting) in Recipient any right, title or interest in or to any real or personal property owned by Provider other than the rights specified herein with regard to the Licensed Fiber(s). 2.4 No Liens /Encumbrances. Recipient shall keep the System free from any encumbrances, liens, rights or claims of any third party attributable to Recipient that adversely affects or impairs directly or indirectly Provider's exclusive ownership and use of the System. Charter Communications CONFIDENTIAL 2.5 Permits; Physical Plant and Required Rights. Provider shall obtain (and cause to remain effective throughout the Term) all Underlying Rights. Notwithstanding anything in this Agreement to the contrary, it is expressly understood that Recipient shall be solely responsible for compliance with all legal and regulatory requirements associated with its business, operation or use of the Licensed Fiber(s) including maintaining all required franchises, permits, authorizations, licenses, approvals or other consents (other than the Underlying Rights), and Provider shall have no responsibility or liability whatsoever in connection therewith, provided, however, that except for any increases in pole attachment rates that may be predicated, based upon, or caused by Recipient's use of the Licensed Fiber(s), which Provider shall be entitled to pass through to Recipient and Recipient shall pay to Provider within forty -five (45) days of Recipient's receipt of an invoice therefor, Provider shall remain responsible for obtaining and maintaining during the Term for Recipient, at Provider's sole cost and expense, all Underlying Rights to freely use without additional permissions of any kind, the Licensed Fiber(s) to which Recipient is granted the License. ARTICLE3. ACCEPTANCE and MAINTENANCE 3.1 Maintenance. (a) Provider shall maintain and repair the Licensed Fiber(s) pursuant to the specifications set forth in Exhibit B so as to assure the continuing conformity of the Licensed Fiber(s) with their respective specifications. Notwithstanding any provision in this Agreement to the contrary, the Costs of procurement, installation, splicing, splice testing and other Costs associated with the replacement or restoration of the Cable for Provider facilities in excess of $10,000 for any event or series of closely related events shall be shared pro -rata among all users of the Cable according to the total number of fibers each user has /is using in the same route as the Cable which is to be restored or replaced provided that such restoration or repair is not the result of the negligence or willful misconduct of one of the parties hereto, in which case the damage- causing party shall bear the entire cost thereof (proportionate to such party's responsibility if both respective parties are at fault). Provider, at Recipient's sole expense and at Provider's then - prevailing rates, shall perform maintenance and repair necessitated by Recipient's negligence or willful misconduct or upon Recipient's elective maintenance or repair requests. For cases where pro -rata cost of repair /replacement of the Licensed Fiber(s) exceeds $25,000 unless the same was caused by the negligence or willful misconduct of the Recipient, in which case Recipient shall reimburse Provider for the entire cost thereof (proportionate to such Recipient's responsibility if other parties are at fault), Recipient may choose to not pay such expenses and consequently forfeit all rights to the Licensed Fiber(s) requiring replacement or restoration, and Provider shall have no obligations with respect to such affected Licensed Fiber(s). Recipient shall not be responsible for any maintenance or repair of any Provider equipment except as set forth above. (b) Provider shall respond to any interruption of service or failure of the Licensed Fiber(s) to operate in accordance with this Agreement in accordance with the procedures set forth in Exhibit C. (c) Work and associated costs of such work outside of that described herein shall be agreed to by the parties and documented in an Amendment to this Agreement (and signed by Recipient and Provider). (d) Provider shall be responsible for routine maintenance of Cable and costs thereof not specifically due to requirements of Recipient as set forth in Exhibit C , including Cable locates. Charter Communications CONFIDENTIAL 3.2 Relocation. If, (i) Provider is required by a governmental or other authority to relocate any portion of the System (including, without limitation, the grantor of the Underlying Rights if such relocation is not being required as a result of Provider's failure to observe and perform its obligations under such Underlying Rights or this Agreement), including any of the facilities used or required in providing the License in the Licensed Fiber(s), including any condemnation or taking under the power of eminent domain of all or any portion of the System, or (ii) with Recipient's concurrence upon Provider's request, Provider may relocate such portion of the System, then Provider shall give Recipient sixty (60) days prior notice of any such relocation, if possible, and shall proceed with such relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to be used for such relocation; provided that any such relocation shall entail construction and testing in accordance with the Specifications and requirements set forth herein. Provider shall deliver to Recipient updated as- builts or building plans, as applicable, with respect to any relocated facilities not later than one hundred eighty (180) days following the completion of such relocation. The cost of any relocation not reimbursed by such governmental or other authority shall be allocated pro -rata pursuant to Section 3.1(a) unless the allocated pro rata costs of such relocation exceed $10,000.00, in which case Recipient shall have the right to elect in its sole discretion not pay such expenses within six (6) months after having received notice from Provider of such planned relocation and consequently forfeit all rights to the Licensed Fiber(s) to be relocated. ARTICLE4. DELIVERY, USE AND CONNECTION 4.1 Access. Provider will provide Recipient with access to the Licensed Fiber(s) at such hand holes and splice points with existing slack coils on the System Route ( "Connecting Points ") as reasonably requested by Recipient, subject only to the requirements in the Underlying Rights and provided that such access points do not materially interfere with any Provider facilities. For Licensed Fiber(s) terminating on and /or traversing across Recipient's (or its contractor's or agent's) property, Recipient will provide Provider with access to the Licensed Fiber(s) at any point along the fiber up to and including the splice point and /or demarcation. 4.2 Use of Facilities. Recipient may use the Licensed Fiber(s) for its internal uses to provide any lawful communications services provided, however, that Recipient shall not resell, re- License, or permit a third party to use or otherwise convey in any manner, directly or indirectly, the Licensed Fiber(s) it receives herein. Recipient may not use the Licensed Fiber(s) for any non -City, revenue producing, competitive purposes. Recipient shall not lease or sell any portion of the Licensed Fiber(s), including any bandwidth provided by it, nor engage or allow any party authorized by Recipient to engage in any activities that would result in business competition between the Recipient and Provider, or that may result in loss of business opportunity for Provider. Violation of any part of this section is grounds for immediate termination if the Recipient's right to use the Licensed Fiber(s) and allows Provider to exercise other rights or remedies Provider may have under the law. 4.3 Connection. (a) If Recipient desires to connect other fiber optic cables to the Licensed Fiber(s) or create connections with buildings or other structures along the System Route, Recipient shall make known such details, in writing, to Provider and Provider will then have the option to agree to such connections. Should Provider agree, Provider will cooperate with Recipient to the extent necessary to enable Recipient to acquire rights to connect to the Licensed Fiber(s) via available Rights of Way and Provider will place connecting facilities on the Rights of Way between the Licensed Fiber(s) and such adjoining properties, subject to (i) the ability to do so pursuant to the Underlying Rights and (ii) Recipient's agreement to pay any incremental increase in Costs arising from or otherwise due to Recipient's proposed use thereof. Such additional connections activity shall be at Recipient's sole cost and expense (including Costs incurred by Provider in providing oversight of any contractors excavating on the Rights of Way or near the Cable to make such connection). Each connection to the Licensed Fiber(s) requiring a Cable to be connected will be performed by Provider at Recipient's sole expense. In order to schedule a connection of this type, Recipient shall contact Provider to undertake the work at least fourteen (14) Charter Communications CONFIDENTIAL days in advance of the date the connection is requested to be completed. Such work will be at times mutually agreed to by the parties or as otherwise agreed to in writing for specific projects. (b) If Recipient desires to construct fiber to connect to the Licensed Fiber(s) and Provider has agreed to such connection in writing and subject to (i) restrictions affecting the same as mandated by the Underlying Rights and Provider's advance written approval thereof, not to be unreasonably withheld, Provider will allow Recipient or Recipient's agent provided they meet Provider's reasonable contractor qualification standards to perform such construction, provided, however, that an agent of Provider is present during such construction (and Recipient pays for the cost of such Provider agent overseeing such construction on the Rights of Way or near the Cable) and that agent shall have the absolute ability to direct the activities of that contractor when performing construction activities on the Underlying Rights or in areas adjacent to the facilities of Provider. ARTICLE5. CONSIDERATION 5.1 License Fee. The consideration paid by Recipient to Provider for the grant of the License to the Licensed Fiber(s) is set forth in Exhibit A. 5.2 Late Payments. Past due amounts bear interest at a rate of one and one half percent (1.5 %) per month beginning from the date first due until paid in full. A past due payment shall be (i) any payment received after the period specified herein for such payment, and /or (ii) any payment of disputed amounts that is received more than forty—five days after the date such payment is determined to have been due in a final resolution of such dispute in accordance with Article 11 hereof. 5.3 Fees. In the event Charter's costs increase in providing service due to reasons beyond Charter's control, Charter shall give written notice to Customer not less than thirty (30) days in advance of when such increase is to take effect. Charter Communications CONFIDENTIAL ARTICLE6. WARRANTIES, RISK ALLOCATION, INDEMNIFICATION AND REPRESENTATIONS 6.1 Disclaimer of Warranties. Except as may be otherwise provided herein, Provider disclaims any and all warranties, express or implied, as to the use or condition of the Licensed Fiber(s) or any other matter hereunder, including without limitation warranties of merchantability, workmanship, quality or fitness for a particular purpose and Recipient agrees to look solely to the manufacturer of all materials and equipment subject to the grant of any license or other rights to Recipient hereunder for any recovery for Claims of Recipient relating to such materials and equipment. Provider shall provide reasonable assistance to Recipient in good faith in the event a warranty claim arises with the manufacturer of the materials or equipment. 6.2 Warranty Acknowledgment. By executing this Agreement, Recipient acknowledges that, except as may be otherwise provided herein, Provider has made no warranty or representation with respect to the Licensed Fiber(s) and Recipient agrees to assume all risk of conducting Recipient's activities using the Licensed Fiber(s) or associated services. 6.3 Third Party Warranties. In the event any maintenance or repairs to facilities provided to Recipient are required as a result of a breach of any warranty made by any third party manufacturers, contractors or vendors and such breach of a warranty had a material adverse affect on Recipient's use of the Licensed Fiber(s), Provider shall share with Recipient on an equitable basis any recovery from any such manufacturers, contractors or vendors should Provider elect to pursue the same in its reasonable discretion. 6.4 Insurance. The city budgets several hundred thousand dollars a year for liability self insurance and has tax revenues and reserves of millions of dollars. Each penny on the tax rate produces around $350,000.00 per year and the city's rates are less than $.70 on the hundred dollar valuation with authority to establish taxes up to at least $1.50 on the hundred dollars valuation. Current tax rate pays not only for operating expenses but also for debt service. 6.5 Provider's Indemnity. Provider shall indemnify and hold harmless each of Recipient, any corporation, partnership, limited liability company or other legal entity affiliated with Recipient and any stockholder, partner, member, director, officer, employee or agent of any of them, in his, her or its capacity as such, from and against all Claims brought by third parties which any such Indemnified Party (defined below) is required to pay or to assume to the full extent that such have resulted from Provider's breach of any duty or obligation imposed by the provisions of this Agreement or applicable by law, including statutes, ordinances, regulations, orders, decrees, judgments and the law of torts (including without limitation gross negligence, strict liability, or willful misconduct). 6.6 Recipient's Indemnity. Recipient shall indemnify and hold harmless each of Provider, any corporation, partnership, limited liability company or other legal entity affiliated with Provider and any stockholder, partner, member, director, officer, employee or agent of any of them, in his, her or its capacity as such, from and against all Claims brought by third parties which any such Indemnified Party (defined below) is required to pay or to assume to the full extent permitted by law that such have resulted from (i) Recipient's breach of any duty or obligation imposed by the provisions of this Agreement or by the provisions of applicable law, including without limitation that of applicable statutes, ordinances, regulations, orders, decrees, judgments, the law of torts (including without limitation gross negligence, strict liability, or willful misconduct) or (ii) the violation, misappropriation, or infringement of /upon the intellectual property rights (including without limitation patent, copyright, and /or trademark rights) of any third party by Recipient or any Recipient downstream customer, licensee, or otherwise an end user of the Licensed Fiber(s) gaining access thereto or using capacity thereof through facilities controlled or operated by Recipient (with or without Recipient's authorization.) Charter Communications CONFIDENTIAL 6.7 Notice and Defense of Third -Party Actions. Each Person entitled to indemnification under this Article 6 (an "Indemnified Party ") shall give prompt written notice to each Person that is obligated to provide such indemnification (an "Indemnifying Party ") of the commencement or assertion of any Claim by a third party (collectively, a "third -party action ") in respect of which an Indemnified Party will seek indemnification hereunder, which notice shall state, to the extent known to the Indemnified Party, the basis on which the claim for indemnification is made, the facts giving rise to or the alleged basis of the third -party action, and the amount (which may be estimated) of liability asserted by reason of the Claim; such notice shall also include a copy of the document (if any) by or in which the third -party action is commenced or asserted. Any failure so to notify the Indemnifying Party shall not relieve it from any obligation that it may have to the Indemnified Party under this Article 6 unless the failure to give such notice materially and adversely prejudices the Indemnifying Party and then only to the extent of such prejudice. The Indemnifying Party shall have the right to assume control of the defense of or settle or otherwise dispose of such third -party action on such terms as the Indemnifying Party deems appropriate; provided, however, that: (a) The Indemnified Party shall be entitled, at its own expense, and without unreasonable interference with the actions of the Indemnifying Party, to participate in the defense of third -party actions; (b) The Indemnifying Party shall obtain the prior written consent of the Indemnified Party before entering into any settlement or compromise requiring the admission or any acknowledgment of facts or any liability in respect thereof or the affirmative obligation of the Indemnified Party, which consent shall not be unreasonably withheld; (c) No Indemnifying Party shall consent to the entry of any judgment or enter into any settlement that does not include as an unconditional term thereof the giving by each claimant or plaintiff to each Indemnified Party of a release from all liability in respect of such third -party action; and (d) The Indemnifying Party shall not be entitled to control (but shall be entitled to participate at its own expense in the defense of) and the Indemnified Party shall be entitled to have sole control over, the defense or settlement, compromise, admission or other acknowledgment of any third -party action (i) as to which the Indemnifying Party fails to assume the defense within a reasonable length of time or (ii) to the extent the third - party action seeks an order, injunction or other equitable relief against the Indemnified Party which, if successful, would have a material adverse effect on the business, financial condition, operations or properties of the Indemnified Party; provided, however, that the Indemnified Party shall make no settlement or compromise requiring the admission or other acknowledgment which would give rise to liability on the part of the Indemnifying Party or affirmative obligation of the Indemnified Party without the prior written consent of the Indemnifying Party, which consent shall not be unreasonably withheld. 6.8 Cooperation. The Parties and their Affiliates shall cooperate with each other in the defense of any third - party action that is the subject of this Article 6 and shall furnish each other all such further information that they have the right and power to furnish as may reasonably be necessary to defend such third -party action. 6.9 Representations and Warranties. In addition to any other representations and warranties contained in this Agreement, each Party hereto represents and warrants to the other that: (a) It has the full right and authority to enter into, execute, deliver and perform its obligations under this Agreement; (b) It has taken all requisite corporate or company action to approve the execution, delivery and performance of this Agreement; (c) This Agreement constitutes a legal, valid and binding obligation enforceable against such party in accordance with its terms; and Charter Communications CONFIDENTIAL (d) Its execution of and performance under this Agreement shall not violate any applicable existing regulations, rules, statutes, or court orders of any local, state or federal government agency, court, or body. ARTICLE7. DELAYS AND LIMITATION OF LIABILITY 7.1 Outage Liability; Restoration Delays. Under no circumstances shall either Provider or Recipient ever be liable for any delay in restoring any service or Licensed Fiber(s) or any operational aspect of the System containing such Licensed Fiber(s) which has been subjected to an outage, interference or interruption, unless and to the limited extent such outage, interference or interruption arises out of the gross negligence or willful misconduct of Provider or Recipient, or unless and to the limited extent Provider's delay in restoration arises out of its gross negligence or willful misconduct. 7.2 Limitation of Liability. No claims for damages with respect to this Agreement may be made more than two (2) years after the date that the event giving rise to such claim is known or reasonably should have been known to the person or entity making such claim; and no claim for indemnity under the provisions of Section 6 hereof may be made more than two (2) years after the first notice of any claim received by the Party claiming under such indemnity provision. (a) NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR THE OTHER PARTY'S END -USERS 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. (b) THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION AND CLAIMS SUFFERED BY THE OTHER, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS, BUT SHALL NOT APPLY WITH RESPECT TO: (a) breaches of confidentiality, (b) indemnification obligations set forth in this Agreement, or (c) injury or death to an individual, or (d) willful misconduct. ARTICLE& CONFIDENTIALITY 8.1 Confidential Information. "Confidential Information" shall mean any and all information provided by one Party to this Agreement to the other Party for use in connection with the investigation, negotiation or performance of this Agreement. "Confidential Information" excludes any information that (i) the subject Party notifies the recipient in writing is not confidential, (ii) is or becomes available to the recipient on a non - confidential basis from a source other than the subject Party, any Person acting on behalf of the subject Party, or any Person who has confidentiality obligations (whether to the subject Party or otherwise) provided that such disclosure was not itself a breach of a confidentiality obligation running to the subject Party, (iii) is or becomes generally available to the public other than as a result of a disclosure by the recipient or any Person to whom such recipient disclosed the information, or (iv) is required to be disclosed by law, subject to the provisions of Section 8.3 hereof. Confidential Information may take the form of documentation, drawings, specifications, software, technical or engineering data, business information, the identity of Parties to a possible business transaction, the status and existence of discussions or negotiations among the Parties, the terms and conditions of any business transaction, plans and proposals relating thereto, and information concerning a Party's financial condition, results of operations, financial forecasts and projections, capital projects, research and development, design plans, management plans, business plans, marketing plans, and feasibility plans, markets, business, products, services, contracts, customers, suppliers, trade secrets, operating procedures, material and labor costs, sources and requirements, and technological means, methods and processes, Charter Communications CONFIDENTIAL as well as every study, report, analysis, notation, summary, synopsis, compilation and other document (collectively, "Work Product ") containing, analyzing or otherwise reflecting any Confidential Information described above, and may be communicated orally, in writing, by electronic or magnetic media, by visual observation, or by other means. 8.2 Confidentiality. Each Party agrees to provide to the other Party such information (including Confidential Information) as shall be necessary to permit the performance of their respective obligations hereunder provided that in the event a Party is not at liberty to disclose such necessary information due to a confidentiality obligation running to a third party, the party to whom disclosure is not permitted but is otherwise necessary to permit the performance of its respective obligations hereunder, shall have the right to terminate the affected fibers in Exhibit A. Except as otherwise provided in Section 8.3, neither Party hereto will, without the prior written consent of the Party providing such Confidential Information, (i) use any portion of such Confidential Information for any purpose other than performance pursuant to this Agreement, or (ii) disclose any portion of such Confidential Information to any persons or entities other than the Affiliates of such Party and to the officers, employees and contractors of such Party who reasonably need to have access to such Confidential Information for purposes of performance under this Agreement and have agreed to comply with confidentiality terms no less stringent that those set forth in this Agreement in order to preserve the disclosing party's expectation of confidentiality hereunder. Each recipient Party agrees to guard Confidential Information utilizing the same degree of care utilized by such recipient Party in protecting its own Confidential Information, but in any event not less than a reasonable degree of care. The obligations of a recipient Party with respect to Confidential Information shall remain in effect during and after the Term of this Agreement. 8.3 Permitted Use. Confidential Information provided by Provider may be used by Recipient in connection with Recipient's use of the Licensed Fiber(s). If the receiving Party is compelled to disclose Confidential Information through lawful process in judicial or administrative proceedings or otherwise by law (other than under any securities laws and events covered by Section 8.5), the receiving Party shall, if possible, give written notice within a reasonable period of time to permit the disclosing Party the opportunity to seek suitable protective arrangements before the Confidential Information is disclosed, and the receiving Party shall cooperate fully in all reasonable respects with the disclosing Party's efforts to obtain such protective arrangements; provided, however, that if the receiving Party would otherwise be required to disclose Confidential Information under any securities law, the receiving Party shall use its reasonable efforts to take such steps as are available under such law (such as by providing a summary or synopsis) to avoid disclosure of such Confidential Information. 8.4 Return or Destruction. Confidential Information shall remain the property of the disclosing Party and shall, upon written request, if written or in other tangible form, including any copies thereof, be promptly returned to the disclosing Party or, in the case of the recipient's Work Product, be promptly destroyed at the recipient's option, such destruction to be promptly certified in writing to the disclosing Party. 8.5 Required Disclosures. The provisions of this Article 8 shall not apply to reasonably necessary disclosures in or in connection with filings under any securities laws, regulatory filings or proceedings, financial disclosures which in the good faith judgment of the disclosing Party are required by law, disclosures required by court or tribunal or competent jurisdiction, or disclosures that may be reasonably necessary in connection with the performance or enforcement of this Agreement or any of the obligations hereof; provided, however, that if the receiving Party would otherwise be required to refer to or describe any aspect of this Agreement in any of the preceding circumstances, the receiving Party shall use its reasonable efforts to take such steps as are available under such circumstances (such as by providing a summary or synopsis) to avoid disclosure of the financial terms and conditions of this Agreement. Notwithstanding any provisions of this Agreement to the contrary, either Party may disclose the terms and conditions of this Agreement in the course of a due diligence review performed in connection with prospective debt financing or equity investment by, or a sale to, a third Party, so long as the Persons conducting such due diligence review have agreed to maintain the confidentiality of such disclosure and not to use such disclosure for any purpose other than such due diligence review. Charter Communications CONFIDENTIAL ARTICLE9. PUBLICITY AND ADVERTISING Neither Party hereto shall use any advertising, sales promotions, or other publicity materials that use the other Party's logo, trademarks, or service marks. Each Party shall have the right to review and approve any publicity materials, press releases or other public statements (other than filings required under the securities laws) by the other Party that discloses its identity. Except as otherwise expressly provided in Section 8.4 or otherwise agreed, neither Party shall release the text of this Agreement nor any material portion thereof (other than in a form modified to remove all references to the identity of the other Party) to any Person other than the Parties hereto for any purpose. ARTICLE10. FORCE MAJEURE Notwithstanding any other provision of this Agreement, the performance of the obligations set forth in this Agreement, other than obligations to pay money (except as provided below), shall be suspended or excused in the event and only to the extent that such performance is prevented by an event of Force Majeure or its adverse effects. If the performance of a Party's obligations under this Agreement is suspended or excused by an event of Force Majeure or its adverse effects, such Party shall use commercially reasonable diligence to cause such event or effects to cease or be reduced. "Force Majeure" shall mean the occurrence or nonoccurrence of any act or event beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party pursuant to this Agreement. The Party whose obligations are suspended or excused as described above shall, as soon as practible, give written notice to the other Party specifying the nature and anticipated duration of the Force Majeure event and outlining its recover plan, if any. To the extent the Licensed Fiber(s) are unavailable for use due to a Force Majeure event and Provider's obligations are suspended in accordance herewith, then Recipient's obligation to pay for the Licensed Fiber(s) shall be suspended, on a pro -rata basis, during such time Provider's obligations are also suspended. Either Party may terminate the affected fibers in Exhibit A if a Force Majeure event continues for more than one hundred eighty (180) days. In the event of such termination, Provider will reimburse Recipient a pro -rata amount of any pre -paid recurring fees for the services not received for the unexpired Term of the respective fibers in Exhibit A. ARTICLE11. DISPUTE RESOLUTION 11.1 Submission to Dispute Committee. Each Party to this Agreement agrees to use good faith efforts to negotiate and resolve any controversy or claim between the Parties hereto arising out of or relating to this Agreement or any breach thereof (hereinafter referred to as a "Dispute "). If a Dispute cannot be resolved through such efforts, then either Party may seek resolution of the Dispute by submitting such Dispute to a "Dispute Committee ", consisting of one designee of each Party, by a written submission delivered to the other Party. The Dispute Committee shall consider the Dispute within the thirty (30) day period following the date of such submission. 11.2 Other Remedies. It is not the intention of the Parties that relief sought through preliminary injunctions, temporary restraining orders or other similar temporary procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution, shall be in lieu of, or cause substantial delay to, any arbitration proceeding to which the parties may agree as a means of resolving any dispute. Charter Communications CONFIDENTIAL ARTICLE 12. TAXES 12.1 Payment of Impositions. To the extent that Recipient holds /enjoys a license to the Licensed Fiber(s) hereunder, Recipient shall promptly reimburse Provider for its proportionate share of any and all Impositions imposed upon or with respect to the System Route during such periods Recipient has use of the Licensed Fiber(s). Recipient's share of such Imposition shall be one hundred percent (100 %) in the event such Imposition results solely from Recipients use of or activities with respect to the Licensed Fiber(s). Otherwise, Recipient's proportionate share of such Imposition shall be determined to the extent possible, based upon the manner and methodology used by the particular person or authority imposing such Impositions (e.g., on the cost of the relative property interests, historic or projected revenue derived therefrom, any combination thereof or otherwise). However, if the person or authority imposing such Imposition uses projected revenue or gross receipts, then Recipient's proportionate share shall be based on the relative number of Licensed Fiber(s) in the affected portion of the System Route compared to the total number of fibers in the affected portion of the System Route during the relevant period of use by Recipient. If Provider's assessed value, for property tax purposes, is based on its entire operation in any state (i.e., central assessment), Provider and Recipient shall work together in good faith to allocate a proper portion of said assessment to the System and Recipient's interest in the System Route. Provider shall provide Recipient with reasonable supporting documentation for Impositions for which Provider seeks reimbursement. 12.2 Contest of Impositions. Notwithstanding any provision herein to the contrary, Provider shall have the right to contest any Imposition to the full extent that such contest does not materially and adversely affect Recipient's ability to utilize any License or right granted hereunder and the associated Licensed Fiber(s). The out -of- pocket costs and expenses (including reasonable attorneys' fees) incurred by Provider in any such contest shall be shared by Provider and Recipient in the same proportion as that by which the Parties shared in any such Imposition as it was originally assessed, provided that Recipient does not elect to forgo the benefits of any such Imposition contest prior to its commencement of which Provider must give thirty (30) days prior notice, in which case Recipient shall not be obligated to share any of the costs thereof but shall not be entitled to any share of the relief obtained. In the event of any refunds or credits resulting from a contest brought by Provider, which Recipient did not elect to forgo prior to commencement of such contest, all such expenses shall first be paid from such refund or credit, after which such credit or refund shall be divided between Provider and Recipient in the same proportion as the Impositions are to be borne by Provider and Recipient hereunder. Further, where Provider does not contest an Imposition, Recipient shall have the right, after notice to Provider, to contest such Imposition as long as such contest does not materially and adversely affect the title, property or rights to the System, the Licensed Fiber(s) and /or otherwise the communications business interests of Provider. The out -of- pocket costs and expenses (including reasonable attorneys' fees) incurred by Recipient and any refund or credit Imposition in any such contest shall not be shared by Provider. 112.3 Net Income Impositions. Notwithstanding anything to the contrary in this Article 12, Provider shall have complete authority over and discretion to control (including the authority to dismiss or not pursue) any contests relating to Impositions based upon the computation of Provider's taxable income under the Federal Internal Revenue Code or state income or franchise tax laws (hereinafter "Net Income Based Impositions "). Provider shall have no obligation to disclose to Recipient its income or franchise tax returns and records. Recipient shall have no liability for any Net Income Based Impositions. Charter Communications CONFIDENTIAL 12.4 Receipts Impositions. Following the Acceptance Date, Provider and Recipient, respectively, shall be separately responsible for any and all Impositions (i) expressly or implicitly imposed upon, based upon, or otherwise measured by the gross receipts, gross income, net receipts or net income received by or accrued to such Party due to its respective interest or use of the System Route and /or any facility to which rights are granted hereunder, or (ii) which have been separately assessed or imposed upon the respective interest of use by such third party on or with respect to the System Route and /or any Provided Facility. If the Licensed Fiber(s) are the only facilities located in the Cable from the point where the Cable leaves the System right -of -way to a Recipient point of interconnection, Recipient shall be solely responsible for any and all Impositions imposed on or Costs incurred with respect to such portion of the System Route. ARTICLE 13. TERMINATION AND DEFAULT 13.1 Termination. This Agreement with respect to the fibers in a Exhibit A shall automatically terminate at the end of the Term of unless extended by the mutual consent of the parties via an amendment to this Agreement and executed by the Parties. Upon such termination, Provider shall owe Recipient no additional duties or consideration with respect to the respective Licensed Fiber(s) or Recipient Building Spaces including no longer having the obligation to maintain the Underlying Rights to provide the right of Recipient to hold a License to the Licensed Fiber(s) or use or maintain the Licensed Fiber(s), and to the extent that Provider has title to the Licensed Fiber(s) and Recipient continues to use the Licensed Fiber(s) after the termination of this Agreement, Recipient shall indemnify, defend and hold Provider harmless from and against all Claims by third parties arising from or related to such continued use. 13.2 Default. A Party shall be in default under this Agreement upon the occurrence of an event in which such Party has failed to comply with any of its obligations as set forth in this Agreement (each an Event of Default; see Section 13.2 (b) below). (a) Upon the occurrence of an Event of Default, other than an Event of Default based upon non - payment of any undisputed amounts owed under this Agreement, the defaulting Party shall have thirty (30) days after receipt of a notice of the Event of Default to cure the Event of Default (unless the Event of Default is waived in writing by the non - defaulting party within the thirty (30) day period). However, in such cases where an Event of Default cannot reasonably be cured within such thirty (30) day period, if the defaulting Party shall proceed promptly to cure the same and prosecute such curing with due diligence, the time for curing such Event of Default (except for Events of Default regarding making payments hereunder and Insolvency Defaults, as defined below) shall be extended for such period of time as may be necessary to complete such curing (unless the same is not or cannot be cured within one hundred twenty (120) days in which case the non - defaulting party shall have the right to terminate this Agreement without further liability at the expiration of such 120 - period). (b) Events of Default shall include, but not be limited to, the making by a Party of a general assignment for the benefit of its creditors, the filing of a voluntary petition in bankruptcy or the filing of a petition in bankruptcy or other insolvency protection against a Party which is not dismissed within ninety (90) days thereafter, or the filing by a Party of any petition or answer seeking, consenting to, or acquiescing in reorganization, arrangement, adjustment, composition, liquidation, dissolution, or similar relief (collectively, an "Insolvency Default "). (c) Any Event of Default by a Party may be waived under the terms of this Agreement at the other Party's sole option. Upon the failure by a Party to timely cure any such Event of Default after written notice thereof, the other Party may (i) take such action as it determines, in its sole discretion, to be necessary to correct the Event of Default (except that neither Party shall perform any work on the other Party's fiber /network/system without the other Party's explicit consent), (ii) terminate this Agreement, and (iii) pursue any legal remedies it may have under applicable law or principles of equity relating to such Event of Default. When a party fails to pay any undisputed amounts owed Charter Communications CONFIDENTIAL hereunder by their due date, an Event of Default shall occur if the party owing such amount fails to cure same within ten (10) days after receipt of written notice thereof. ARTICLE 14. GENERAL PROVISIONS 14.1 Amendments. This Agreement shall not be amended, altered or modified except by an instrument in writing duly executed by both Parties. 14.2 Assignment. Neither Party may assign its rights or obligations hereunder without the prior written consent of the other Party; provided however, that any Party may assign its rights or obligations hereunder pursuant to a merger or sale of all or substantially all of its assets or its underlying System to an Affiliate, in each said instance upon providing written notice to, but without the consent of, the other Party, and the use restrictions of Section 4.3 and all other terms herein shall apply to any assignee. 14.3 Limitation of Benefits. It is the explicit intention of the Parties hereto that no Person other than the Parties hereto is or shall be entitled to bring any action to enforce any provision of this Agreement against any Party hereto, and that covenants, undertakings, and agreements set forth in this Agreement shall be enforceable only by the Parties hereto or their respective successors or permitted assigns. 14.4 Notices. Unless otherwise provided in this Agreement, all notices, demands, requests, approvals or other communications which may be or are required to be given, served or sent pursuant to this Agreement shall be in writing and shall be mailed by registered or certified mail, return receipt requested, postage prepaid, or delivered by nationally recognized overnight courier addressed as follows: If to Recipient: City of North Richland Hills Attn: Kyle Spooner North Richland Hills Texas 76180 with a copy to: If to Provider: Charter Business Attn: Sales Manager 15100 Trinity Blvd. #500 Fort Worth, TX 76155 817.298.3564 Charter Communications CONFIDENTIAL with copies to: Charter Communications Attn: Contracts Manager — CB Corp. 12405 Powerscourt Drive St. Louis, MO 63131 Phone: 314 - 288 -3470 Charter Communications Attn: Legal Department - Operations 12405 Powerscourt Drive St. Louis, MO 63131 Phone: 314 - 543 -2415 Each Party may designate by notice in writing a new address to which any notice, demand, request, report, approval or communication may thereafter be so given, served or sent. Each notice, demand, request, report, approval or communication which shall be mailed or delivered in the manner described above, shall be deemed sufficiently given, served, sent or received for all purposes at such time as it is delivered to the addressee (with the return receipt or the delivery receipt being deemed conclusive evidence of such delivery) or at such time as delivery is refused by the addressee upon presentation. 14.5 Severability. If any part of any provision of this Agreement or any other agreement, document or writing given pursuant to or in connection with this Agreement shall be held to be invalid or unenforceable under applicable law, said part shall be ineffective to the extent of such invalidity or enforceability only, without in any way affecting the remaining parts of said provision or the remaining provisions of said agreement; provided, however, that if any such ineffectiveness or unenforceability of any provision of this Agreement, in the good faith judgment of either Party, renders the benefits to such Party of this Agreement as a whole uneconomical in light of the obligations of such Party under this Agreement as a whole, then Provider and Recipient shall negotiate in good faith in an effort to restore insofar as possible the economic benefits of the transaction to the Parties. 14.6 Independent Contractors. In all matters pertaining to this Agreement, the relationship of Provider and Recipient shall be that of independent contractors, and neither Provider nor Recipient shall make any representations or warranties that their relationship is other than that of independent contractors. This Agreement is not intended to create nor shall it be construed to create any partnership, joint venture, employment or agency relationship between Provider and Recipient; and no Party hereto shall be liable for the payment or performance of any debts, obligations, or liabilities of the other Party, unless expressly assumed in writing herein or otherwise. Each Party retains full control over the employment, direction, compensation and discharges of its employees, and will be solely responsible for all compensation of such employees, including social security, tax withholding and worker's compensation responsibilities. 14.7 Labor Relations. Each Party hereto shall be responsible for labor relations with its own employees. Each Party agrees to notify the other immediately whenever it has knowledge that a labor dispute concerning its employees or its Affiliates' employees is delaying or threatens to delay timely performance of its obligations under this Agreement. 14.8 Exercise of Rights. No failure or delay on the part of either Party hereto in exercising any right, power or privilege hereunder and no course of dealing between the Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Charter Communications CONFIDENTIAL 14.9 Additional Actions and Documents. Each of the Parties hereto hereby agrees to take or cause to be taken such further actions, to execute, acknowledge, deliver and file or cause to be executed, acknowledged, delivered and filed such further documents and instruments, and to use its commercially reasonable efforts to obtain such consents, as may be necessary or as may be reasonably requested in order to fully effectuate the purposes, terms and conditions of this Agreement, whether at or after the execution of this Agreement. 14.10 Survival. The obligations of the Parties under Article 6 (Warranties, Risk Allocation And Indemnification), Article 7 (Delays and Limitation of Liability), Article 8 (Confidentiality), Article 9 (Publicity and Advertising), Article 11 (Dispute Resolution), Article 12 (Taxes), Section 14.5 (Severability), and Section 14.13 (Governing Law) shall survive any termination of this Agreement. 14.11 Headings. Article headings contained in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of this Agreement for any purpose, and shall not in any way define or affect the meaning, construction or scope of any of the provisions hereof. 14.12 Incorporation of Exhibits. The Exhibits referenced in and attached to this Agreement shall be deemed an integral part hereof to the same extent as if written at length herein. 14.13 Governing Law. This Agreement and each of its provisions shall be governed by and construed and interpreted according to the substantive laws of the State of Texas without regard to its conflicts of law or choice of law provisions. 14.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original but all of which taken together shall constitute one and the same instrument. 14.15 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the transaction contemplated herein, and supersedes all prior oral or written agreements, commitments or understandings with respect to the matters provided for herein. 14.16 Performance. Except as specifically set forth herein, for the purpose of this Agreement, the normal standards of performance within the communications industry in the relevant market shall be the measure of whether a Party's performance is reasonable and timely. 14.17 No Third Party Beneficiaries. The Parties agree that the terms of this Agreement and the Parties' respective performance of obligations hereunder are not intended to benefit any person or entity not a party to this Agreement, that the consideration provided by each under this Agreement only runs to the respective Parties hereto, and that no person or entity not a Party to this Agreement shall have any rights hereunder nor the right to require the performance hereunder by either of the respective Parties hereto. Charter Communications CONFIDENTIAL IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first above written. Provider Recipient By: Marcus Cable Associates, LLC By: City of North Richland Hills By: Charter Communications, Inc., its Manager Name: Name: Title: Vice President Title: Date: Date: Charter Communications CONFIDENTIAL EXHIBIT A This Exhibit A represents those Licensed Fibers which Provider has granted specific license for use to Recipient and the monthly fees to be paid by Recipient to Provider in consideration of such license. System Delivery License License Term Renewals Route Date Term (if (if applicable) Length applicabl feet e 289,592 April 15, 5 years N/A feet 2011 City of North Richland Hills Pricing for Leased Fiber A Location Z Location Fiber Fiber x.02 cents! Name Address Name Address Mile Feet Count Foota a strand - City Hall 7301 NE Loop 820 14RH20 9001 Boulevard 26 27 14,256 6 1 85,536 $1,710.72 NRH20 9001 Boulevard 26 City Library 3015 Grand Ave 0.7 3,696 2 7,392 $147.84 City Hall 7301 NE Loop 820 Fire Station 2 4001 Rule Snow 2.1 11,088 6 66,528 $1,330.56 City Hall 7301 NE Loop 820 fire Station 3 5328 Davis Blvd. 1.2 6,336 6 38,016 57 60.32 Fire Admin 7202 Dick Fisher Dr Fire Station 1 8001 Shadywood Ln 5.1 266,928 2 53,856 51:07712 Fire Admin 7202 Dick Fisher Dr Fire Station 4 7254 Hightower Dr 1.7 8:97a 2 17,852 5359.04 City Hall 7301 NE Loop 820 Community Center 6000 Hawk Avenue 1 0.1 599 2 1,199 $23.97 City Hall 7302 NE Loop 820 PCP #2 1 1.8 9,557 2 19,114 1 $382.27 Total 1 289,5921 $5,791.84 City of North Richland Hills Pricih for FiberMaintonairt e A Location Z Location @.0035 cents! Miles Feet Fiber Fiber strand- Name Address Name Address Count Footage fagot City Hall 7301 NE Loop 820 NRH20 9001 Boulevard 26 2.7 14.256 6 8`,536 $299.38 NRH20 9001 Boulevard 25 City Library 9015 Grand Ave 0.7 3,698 2 7,392 525.87 City Haft 7301 NE Loop 820 fire Station 2 4001 Rule Snow 211 11,088 6 66.'528 5232.85 City Hall 7301 NE Loop 820 Fire Station 3 5328 Davis Bhlvd. 1.21 6,336 6 38.016 5133.06 Fire Admin 7202 Dick Fisher Dr Fire Station I 8001 Shadywood Ln 5.1 26,928 2 53 $188:50 Fire Admin 7202 Dick Fisher Dr Fire Station 4 7254 Hightower Dr 1.7 8,976 2 17,952 562.93 City Hall 7301 NE Loop 820 Community Center 6000 Hawk Avenue 0.1 599 2 1,199 $4.19 City Hall 7302 NE Loop 820 PD #2 1.8 9;557 2 1 13,114 1 586.90 Total 1 289,5921 $11,0 13.57 The difference in price between Charters's pricing for Leased Fiber per month at $5,791.84 and the pricing for Charter's Fiber maintenance at $1,013.57 represents a discount to you of 83 %. This discount reduces your monthly rate by $4,778.27. Charter Communications CONFIDENTIAL Consideration Paid for Fiber Payment Amount: $1,013.57 per month Installation: $0.00 Payment Schedule: monthly Provider Recipient By: Marcus Cable Associates, LLC By: City of North Richland Hills By: Charter Communications, Inc., its Manager Name: Name: Title: Title: Date: Date: Charter Communications CONFIDENTIAL EXHIBIT B CONSTRUCTION & FIBER SPECIFICATIONS A. CONSTRUCTIONSPECIFICATIONS [RESERVED] B. FIBER SPECIFICATIONS OPTICAL SPECIFICATIONS Attenuation Uncabled Fiber Attenuation Cells Attenuation Cells (dB/km) Point Discontinuity Wavelength (nm) Premium Standard 1310 <0.35 <0.40 No point discontinuity greater 1550 <0.25 <_0.30 than 0.10 dB at either 1310 nm or 1550 nm. Attenuation vs. Wavelength Range Ref. X Max Increase (nm) (nm) a (dB/km) The attenuation in a given 1285- 1330 1310 0.05 wavelength range does not 1525-1575 1550 0.05 exceed the attenuation of the reference wavelength X by more than the value a Attenuation With Bendin Mandrel Number Wavelength Induced Diameter of Turns (nm) Attenuation (dB) The induced attenuation due (mm) to fiber wrapped around a 32 1 1550 < 0.50 mandrel of a specified 75 100 1310 < 0.05 diameter. 75 100 1550 < 0.10 Cable Cutoff Wavelength (Xecf) Mode -Field Diameter kccf < 1260 nm 9.30 +/- 0.50 µm at 1310 nm 10.50 +/- 1.00 µm at 1550 nm Dispersion Zero Dispersion Wavelength (), 1301.5 nm :!0, < 1321.5 nm Zero Dispersion Slope (S o ): <_ 0.092 ps /(nmz • km) Fiber Polarization Mode Dispersion Coefficient (PMD): < 0.5 ps / /Tkm Charter Communications CONFIDENTIAL pis ersion Calculation So ?oa Dispersion = D (X): 4 2, X3 L/(nrn * km), for 1200 nm:_ ?, :— 1600 nm (X = Operating Wavelength) ENVIRONMENTAL SPECIFICATION Induced Operating Temperature Environmental Test Condition Attenuation (dB /km) Range 1310 nm 1550 nm -60 C to +85 C Temperature Dependence :0.05 :50.05 -60° C to +85° C* Temperature - Humidity Cycling :D .05 :D .05 10'C to +85 °C *, up to 98% RH Water Immersion, 23 °C :0.05 :_0.05 Heat Aging, 85 ° C :0.05 :0.05 *reference temperature = +23 °C DIMENSIONAL SPECIFICATIONS Standard Length (km/reel): 2.2 — 25.2 *longer spliced lengths available at a premium. Glass Geometry Coating Geometry Fiber Curl: >_ 4.0 in radius of curvature Coating Diameter: 245 ± 10 µm Cladding Diameter: 125.0 f 1.0 µm Coating — Cladding Concentricity < 12 µm Core -Clad Concentricity: <_ 0.6 µm Cladding Non - Circularity: : — 1.0% Defined as: [ Min. Clac _ diameter ] x 100 Max. Cladding Diameter MECHANICAL SPECIFICATIONS Proof Test: The entire length of fiber is subjected to a tensile proof stress ? 100 kpsi (0.7 GN /m *. Charter Communications CONFIDENTIAL EXHIBIT C OPERATIONS AND MAINTENANCE I. PREVENTATIVE, DEMAND AND EMERGENCY MAINTENANCE A. Preventative Maintenance: Preventative Maintenance refers to upgrades, and or routine maintenance or necessary alteration/repair of hardware or software or upgrades to increase capacity. Preventative Maintenance may temporarily degrade the quality of the service, including possible outages. Preventative Maintenance shall be undertaken only between the hours of 01:00:00 and 05:00:00 Local Time. The Party performing such maintenance shall provide at least three (3) days prior notice to the other Party of Preventative Maintenance. Preventative Maintenance performed by Provider shall commence with respect to the Licensed Fiber(s) upon the commencement of the grant of License hereunder. Preventative Maintenance performed by Provider shall include the following activities: (i) Patrol of System route on a regularly scheduled basis; (ii) Maintenance of a "Call- Before -You- Dig" program and all required and related cable locates; (iii) Maintenance of sign posts along the System right -of -way with the number of the local "Call- Before - You -Dig" organization and the "800" number for the appropriate "Call- Before - You -Dig" program; and (iv) Assignment of maintenance technicians to locations along the route of the System at approximately 200 -mile intervals dependent upon terrain and accessibility. (ii) Recipient shall immediately report the need for Unscheduled Maintenance to Provider in accordance with procedures promulgated by Provider from time to time. Provider will log the time of Recipient's report, verify the problem and dispatch personnel immediately to take corrective action. B. Emergency Maintenance (Unscheduled Maintenance or Repair) Emergency Maintenance shall be performed by or under the direction of Provider in response to an alarm identification by Provider's Network Operations Center ( "NOC "), notification by Recipient or notification by any third party of any failure, interruption or impairment in the operation of a Recipient Fiber, or any event imminently likely to cause the failure, interruption or impairment in the operation of a Recipient Fiber. Work to address an Emergency Maintenance situation may degrade the quality of or cause outages. Provider may undertake Emergency Maintenance at any time deemed necessary but shall make commercially reasonable efforts to perform such maintenance within the hours identified for Preventative Maintenance if possible. Provider shall provide notice of Emergency Maintenance to Recipient as soon as is commercially practicable under the circumstance but when reasonably possible; provide notice twenty -four (24) hours in advance. Whenever prior notice is given, Recipient agrees to acknowledge notice of the emergency event in a reasonable period of time and in all events, Recipient will take necessary steps to notify key personnel internally in order for the Provider to correct or repair the affected area. C. Demand Maintenance "Demand" maintenance is work necessary to restore service to one or more end -users of Provider and /or maintenance work required when a deficiency is found when performing Preventative Maintenance work. Provider may undertake Demand Maintenance immediately. Charter Communications CONFIDENTIAL Provider shall provide notice of Demand Maintenance to Recipient as soon as is commercially practicable under the circumstances. D. Notification: Provider shall provide Recipient with notice of Preventative Maintenance or as soon as possible in the case of Emergency or Demand Maintenance to the following by means of electronic mail notification and telephone: Recipient: Recipient shall notify Provider of any failure, interruption or impairment in the operation of a Recipient Fiber, or any event imminently likely to cause the failure, interruption or impairment in the operation of a Recipient Fiber. Provider: Charter Business Network Operations Center (CB NOC): Fiber Support One Call Phone: (866) 603 -3199 Email: CBNOCgchartercom.com Recipient shall have the right to be present, at its sole cost and expense, during the performance of any Maintenance so long as this requirement does not interfere with Provider's ability to perform its obligations under this Agreement. In the event that Maintenance is canceled or delayed for whatever reason as previously notified, Provider shall notify Recipient at Provider's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity. II. CHARTER BUSINESS NETWORK OPERATIONS CENTER. Provider operates and maintains an operations center, Charter Business Network Operations Center (CB NOC), which is staffed twenty -four (24) hours a day, seven (7) days a week. Provider shall have a maintenance employee at the site requiring Emergency or Demand Maintenance activity within four (4) hours after the time Provider becomes aware of an event requiring Emergency or Demand Maintenance, unless delayed by circumstances beyond the reasonable control of Provider. III. COOPERATION AND COORDINATION. Recipient shall utilize the Charter Business Performance Center Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Provider in meeting maintenance service objectives. The following is the initial Charter Business Network Operations Center Escalation List. Charter Business Network Operations Center Escalation List The purpose of escalations is to ensure that adequate resources are mobilized quickly, tracked appropriately and the issue is resolved in the shortest possible time. To that end, the Charter Business NOC performs internal and external escalations within Charter and provides this escalation list to our customers and service partners for the purpose of escalations within the CB NOC. Charter Communications CONFIDENTIAL Escaatio Contact Numbers n Charter Business NOC: 1-866-603-3199 Level Name /Title/Email ls` Level Charter Business NOC Lead Engineer 1- 866 - 603 -3199 1 Hour 2" Level Charter Business NOC Supervisor 1- 866 - 603 -3199 2 Hours 3 rd Charter Business NOC Manager 502- 420 -7467 Level Tony Barcellona tbarcellona(cr�,chartercom.com office 502- 442 -4494 cell 3 Hours 4 Level Charter Business NOC Director 502- 420 -7419 Dan Davidson office 4 Hours daniel.davidson@chartercom.com 502- 619 -2799 cell 5 Level VP Network Ops & Engineer Services 303- 323 -1347 Keith Hayes keith.hayesgchartercom.com office 6 Hours 770 - 378 -3595 cell (a) TROUBLE REPORTING PROCEDURES To report suspected problems on the Recipient Fiber please call our CBNOC: Fiber Support One Call at (866) 603 -3199. We will request the following information related to the problem you are reporting: 1. Company name 2. Your name 3. Your phone number 4. Customer Contact name and number 5. Customer account number 6. Customer trouble ticket number 7. Fiber origination and termination locations 8. Time of trouble onset 9. Nature of observed trouble 10. Is Licensed Fiber(s) released to Recipient for testing? Once our CBNOC representative has received all of this information a Customer Trouble Ticket will be assigned an d inv estigation of your report will begin. Once the status of your report has been Charter Communications CONFIDENTIAL determined the CBNOC will contact your designated contact individual at the appropriate number to discuss the findings. In any circumstance the initial response to Recipient will be within two (2) hours of the completion of the trouble reporting procedure. (b) Provider will, as necessary, arrange for unescorted access for Recipient to all sites of the System, subject to applicable contractual, underlying real property and other third -party limitations and restrictions. (c) In the event that any Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Recipient, then Recipient shall, at Provider's reasonable request, make such personnel of Recipient available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Provider in performing such maintenance as required of Provider hereunder. IV. Facilities Provider shall maintain the System in a manner which will permit Recipient's use, in accordance with the terms and conditions provided under the terms of the Agreement. V. Cable /Fibers (a) Provider shall perform appropriate Preventative Maintenance on the System in accordance with Provider's then current preventative maintenance procedures, which shall not substantially deviate from standard industry practice. (b) Provider shall have qualified representatives on site any time Provider has reasonable advance knowledge that another person or entity is engaging in construction activities or otherwise digging within five (5) feet of the Cable. VI. Subcontracting Provider may subcontract any of the maintenance services hereunder; provided that Provider shall require the subcontractor(s) to perform in accordance with the requirement and procedures set forth herein. The use of any such subcontractor shall not relieve Provider of any of its obligations hereunder. Charter Communications CONFIDENTIAL CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: 5 -23 -2011 Presented by: Dave Pendley Agenda No. C.1 Subject: GN 2011 -019 Public Hearing & Consideration of a Request to Amend Code of Ordinances Sec. 106 -11. Temporary Signs during Roadway Construction - Ordinance No. 3132 Summary In anticipation of numerous transportation projects along the city's commercial corridors, city staff, in conjunction with the NRH Business Mobility Team, would like Council to consider amendments to Sec. 106 -11 of the Sign Ordinance that would assist customer ingress and egress to businesses impacted by roadway construction. General Description In September 2010, Council requested guidance from the NRH Business Mobility Team on a fair and equitable use of temporary signage for businesses impacted by roadway construction. The NRH Business Mobility Team, made up of representatives from 20 key local businesses, was created in 2010 as the city embarked upon a host of transportation projects, specifically the North Tarrant Express project. Amend Section 106 -11 as follows: Sec. 106 -11. Special and additional regulations; temporary signs during roadway construction. Businesses adjacent to major roadway construction shall be eligible for temporary signage when roadway construction activities are commencing immediately adjacent to the business or when the construction activity is taking place within 300 feet downstream of the business' customer access point located on the same side of the street. The following conditions shall apply: 1. Signs must be approved by the Sign Review Board is required; however, no sign permit is will be required. 2. Signs may contain the name of the business and a directional message /graphic only. Signs promoting products and services are prohibited. 3. Signs may be located at the property line, but shall not be placed within the street or roadway right -of -way. 4. Only one on- premise sign is allowed per parcel. One off - premise sign may be installed provided written permission is obtained from the property owner and the sign is located within 300 feet of the business it is advertising. 5. Signs shall be constructed of light weight materials, such as a yard sign or an A -frame sign, and shall not exceed 6 square feet in area or 30 inches in height. 6. The City's staff sign review committee is authorized to approve alternate sign combinations on a case -by -case basis depending on site conditions and construction activities." Recommendation Approve Ordinance No. 3132 to amend temporary signage during roadway construction. RH ORDINANCE NO. 3132 AN ORDINANCE AMENDING SECTION 106 -11 OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES AND THE TEMPORARY SIGN REGULATIONS OF THE CITY; ESTABLISHING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, the impending reconstruction of Loop 820 will cause business disruption and interfere with the access to adjacent businesses and the City Council desires to establish temporary sign regulations which will ameliorate such disruption and facilitate the direction of motorists to local businesses; and WHEREAS, the regulations herein established will promote the general welfare of the citizens of and visitors to the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 106 -11 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 106 -11. Special and additional regulations; temporary signs during roadway construction. Businesses adjacent to a major public roadway construction project scheduled for six months or more duration may be eligible for temporary signage when roadway construction activities are commencing immediately adjacent to the business or when the construction activity is taking place within 300 feet downstream of the business' customer access point located on the same side of the street. The following conditions shall apply: 1. Approval of construction as a public roadway project by the Sign Review Board shall be required 2. Only commercial properties whose access is impacted for a period of two weeks or more are eligible. 3. Signs may contain the name of the business and a directional message /graphic only. Signs promoting products and services are prohibited. 4. Signs may be located at the property line, but shall not be placed within the street or roadway right -of -way. 5. Only one on- premise sign is allowed per parcel. One off - premise sign may be installed provided written permission is obtained from the property owner and the sign is located within 300 feet of the business it is advertising. 6. Signs shall be constructed of light weight materials, such as a yard sign or an A -frame sign, and shall not exceed 6 square feet in area or 30 inches in height. 7. The city's staff sign review committee is authorized to approve alternate sign combinations on a case -by -case basis depending on site conditions and construction activities. Section 2: 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). 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 effective immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of May, 2011. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. F.1 Subject: GN 2011 -041 Election of Mayor Pro Tem Summary The Mayor Pro Tem is elected following the canvass and at the first regular meeting following the election. General Description The Charter states that the Mayor Pro Tem shall be selected from the seven council members at the first regular meeting following the city's general election. The May 23 meeting is the first regular meeting after the election. Council should proceed with electing a Mayor Pro Tem at this Council meeting. Recommendation: To elect a Mayor Pro Tem. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 5 -23 -2011 Presented by: Kristin Weegar Agenda No. F.2 Subject: GN 2011 -038 Youth Advisory Committee End of Year Report Summary GN 2011 -038 Youth Advisory Committee End of Year Report In accordance with the Youth Advisory Committee's By -Laws, the committee shall submit a year -end report to the City Council on the status of its activities for the year. The year -end report of the Youth Advisory Committee (YAC) as submitted by Morgan Chaney, Chair of the Youth Advisory Committee, is attached for your review. Morgan Chaney will be in attendance to present the report to the City Council and several members of the YAC are expected to attend as well. Recommendation Accept the Youth Advisory Committee's year -end report. Youth Advisory Committee � of End of Year Report City Council May 23,, 2011 The 2010 -2011 Academic Year has concluded and the Youth Advisory Committee is pleased to report they have had a successful and exciting year. This report is designed to highlight the year in review and inform the City Council of events and plans for the fall 2011 semester. The Youth Advisory Committee currently has a total of seventeen people involved in the program: sixteen regular members and one active group member. �l (Back Row Left to Right: Rebecca Cooper, Madeline Orr, Dylan Barth, Hayden Hunter, Mason Chaney, Alicia Hindman, Ruby Hernandez, Rachel Becker, Melissa Cruz —Front Row Left to Right: Nicole Zajimovic, Megan Servage, Morgan Chaney, Brandon Vinson —Not Pictured: Lynsey McDonald, Kaitlyn Gotlob, Kim Horany) At the end May, the following six members will have graduated from the program: • Morgan Chaney (Chair) — Richland High School • Kim Horany —Richland High School • Dhara Lad — Richland High School • Lynney McDonald — Richland High School • Madeline Orr— Richland High School • Megan Servage — Richland High School The Youth Advisory Committee wishes them well as they begin their college careers. Committee members are in the process of recruiting new members, and hope to have a few recommendations to Council within a couple months for the 2011 -2012 Academic Year. The Youth Advisory Committee was involved in multiple service projects throughout the year. The Committee volunteered for both Hoot n Howl and Night of Holiday Magic. During both events, the members were assigned to help with arts and crafts. i day ogc The spring service project was the 1St Annual NRH Dog Show. This event was chosen after discussing many different ideas. Many hours and extra meetings went into planning the event. The Dog Show was supposed to be held May 1 however, due to inclement weather it had to be cancelled. Through the sale of raffle tickets, the Committee was still able to raise approximately $300 for the North Richland Hills Animal Adoption and Rescue Center. Over the past year, during the regular meetings the Committee discussed teen issues facing the community, such as bullying, alcohol and drugs. With all the news about bullying recently, the topic was discussed in great detail and length. At the end of the meeting, each member was allowed the opportunity to sign "The End of Bullying Begins with Me" online petition through the Pacer Center. The Youth Advisory Committee met and heard from various city staff members through the Guest Speaker Program. This program provided the Youth Advisory Committee members with an opportunity to learn more about the City and the services it provides to the citizens. The Youth Advisory Committee had the opportunity to hear from: • Lori Newman, Cultural Arts /Special Events Coordinator • Christi Garcia, Crime Victim Liaison • Chun Mezger, Animal Shelter Supervisor • Mark Mills, Budget Director The Youth Advisory Committee also presented a youth project proposal to City Council during the May 23, 2011 City Council Work Session Meeting. The proposal was for a park catering to special needs individuals. The Committee felt that a park of this nature was much needed in North Richland Hills and would be a benefit to much of community. Members were broken up into groups in order to research the different aspects of this project. This proposal allowed the committee to experience first -hand the process projects must go through before they come to fruition. t E 't a w May 11, 2011, The Youth Advisory Committee held their annual Executive Committee election. The 2011 -2012 Executive Committee are: • Nicole Zajimovic —Chairman • Alicia Hindman —Vice Chairman • Rachel Becker —Secretary • Hayden Hunter -Treasurer Over the summer, the new Executive Committee will meet to discuss and revise the bylaws. The Youth Advisory Committee would like to thank the City Council for the opportunity to become active and involved in the community. The Youth Advisory Committee looks forward to visiting the City Council at the end of the fall semester with a new report. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 5 -23 -2011 Presented by: KSpooner Agenda No. F.3 Subject: PU 2011 -022 Authorize the Purchase of Cisco Network and Telephone Equipment for NRH Centre from Qwest Communications in an Amount not to exceed $193,206.56 Summary This item is to authorize the purchasing of telecommunication equipment for NRH Centre through the Qwest Communications Texas Department of Information Resources (DIR) contract in an amount not to exceed $193,206.56. General Description Construction of the NRH Centre is progressing. While the design and installation of the Cisco network and telephone equipment throughout the building is a separate component from the building construction, the installation of the network and equipment is coordinated to coincide with the construction schedule. A budget of $200,000 was allocated for the Cisco network and telephone equipment. Council approved Cisco Systems as the city's standard network and telephone equipment City -wide. This continued City Council's goal of standardizing technology solutions. In October 2010, Information Services staff began working with Cisco Certified Engineers to define the equipment needed to accomplish the needs of the NRH Centre for network and telephone systems. This design phase included complete inventories of the facility. This included staff and patron needs as well as the unique needs of the equipment and services to be provided. The design phase resulted in a very detailed list of equipment and services. Qwest Communications is a Cisco Certified Reseller that participates in the State of Texas Department of Information Resource (DIR) cooperative purchasing program. By participating in the DIR cooperative purchasing program the City meets all State competitive bidding requirements for this purchase. The DIR program negotiates with and qualifies companies for each of the trades it represents. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any State Law that would require the city to solicit competitive bids. Participation in this program will be cost effective to the city. Based on the city's good experience with Qwest Communications on the city -wide network and telephone replacement, staff chose to enter into negotiations with them. The negotiations resulted in a 48% discount on the equipment needed for the NRH Centre. This negotiated discount is 3.8% higher than the discount on the state contracted amount of 44.2% and overall represents a $50,500 savings over the list price provided by Cisco. Due to the technical nature of this project and the desire to provide the best possible solution, staff is recommending Qwest as the provider for this solution. If Council approves this purchase, materials will be ordered immediately and work should begin in four to six weeks. It is estimated the project should be complete early next fiscal year. 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WM Stxkm Cable 8 Dud solo O-oc GLC GE SFP, LC C*VWVX SX trwvj*W a 1:8 R CA&SPWR-lW-Mv 4sl,37,SOXSEKkP&&tlxC4WI50CM$P3tL- 8 195,00 45 0111-10 CA K-IMI awo staaVtise im swkino Ckrlo 2 200.0r. 4F WDED C 3 3M 4.ki.� l WI 114TACKA Qxo 3 3M SwWma Cade I 30aW 48 5156,00 TRN-CLG0 1 A V 4 t"M Ttait� 046dft�R&de-WCisw tearri ;": 0 ai, I : " r,. . p tm000 � P-AArws St" 4., MG MT saes jrma4r CoWjfpw�w, Trainitxj Pfo*l MGMT 1 58; 558,113G.GO Am wd- —A VIV C Pf' , —,P..wvf alft— .1—" Ceram t, - vo— Wye, e, aaaR p,a1++Ja -App'.fty �ft� MAT ],Alt CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Councilman Tim Welch Agenda No. H.1 Subject: Announcements - Councilman Welch Announcements City Hall and other non - emergency City offices will be closed on Monday, May 30 for the Memorial Day Holiday. NRH2O and Iron Horse Golf Course will remain open for the holiday. Garbage and recycling will be collected as normal. Grab your shovel and get ready to "Dig Up a Good Book!" with the summer reading club at the North Richland Hills Public Library. Registration for the reading club begins on May 31 and ends July 16 For more details, visit the Library at 9015 Grand Ave. or call 817- 427 -6818. Keep NRH Beautiful is accepting entries for the 2011 "1 Dig My Garden" Photo Contest. Entry forms are available online at www.nrhtx.com and at City Hall. Winning photos will be displayed on the city's website and the winner will receive a $25 gift card from a local nursery. The entry deadline is July 29 For more details, please call 817 - 427 -6650. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Sean Hughes, Emergency Management Department — A resident called to thank Sean and the city for utilizing the Code Red telephone notification service. With all the storms and bad weather lately, she feels safer knowing that she would be alerted by a Code Red call if her neighborhood was in eminent danger. "This is such a blessing and peace of mind ", the resident stated. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -23 -2011 Presented by: Agenda No. H.2 Subject: Adjournment