HomeMy WebLinkAboutCC 2014-10-13 Agendas 1 •
NRH
NORTH RICHLAND HILLS
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TX 76180
MONDAY, OCTOBER 13, 2014
WORK SESSION: 6:15 PM
Held in the City Council Work Room
CALL TO ORDER
1. Discuss Items from Regular City Council Meeting
2. Discuss Cancelling/Rescheduling City Council Meetings.
EXECUTIVE SESSION
The City Council may enter into closed Executive Session as authorized by
Chapter 551, Texas Government Code. Executive Session may be held at the
end of the Regular Session or at any time during the meeting that a need arises
for the City Council to seek advice from the city attorney (551.071) as to the
posted subject matter of this City Council meeting.
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.
1. Section 551.072: Deliberate the Purchase, Exchange, Lease or Value of Real
Property in the South Sector of the City.
2. Section 551.087: Deliberation Regarding Economic Development Negotiations in
the South Sector of the City.
REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.)
Held in the City Hall Council Chambers
A. CALL TO ORDER
A.1 INVOCATION - COUNCIL MEMBER WHITSON
A.2 PLEDGE - COUNCIL MEMBER WHITSON
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
Monday October 13, 2014 City Council Agenda
Page 1 of 3
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A.4 CITIZENS PRESENTATION
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting.
A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
B. 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 Approve Minutes of the August 8, 2014 City Council Budget Work Session and
September 22, 2014 City Council Meeting.
B.2 Approve Purchase from Synetra, Inc. for Network Equipment for the New City
Hall in the Amount of$1,103,943.72 From Synetra, Inc.
B.3 Approve Resolution No. 2014-026, North Texas High Intensity Drug Trafficking
Area (NTHIDTA) grant application.
B.4 Authorize purchase from Bound Tree Medical, LLC and/or Henry Schein, Inc. for
consumable medical supplies in an amount not to exceed $96,900.
B.5 Authorize Payment to Motorola for Annual Public Safety Radio Maintenance
Agreement in the amount of $249,511.68
B.6 Consider accepting the 2014 Dallas Fort Worth Arlington (DFWA) Urban Area
Security Initiative (UASI) grant in the amount of$55,600.
B.7 Consider awarding bid (RFB 14-030) to Excel 4 Construction for sanitary sewer
system rehabilitation (Phase II) in the amount of$734,448.
C. PUBLIC HEARINGS
D. PLANNING AND DEVELOPMENT
D.1 ZC 2014-14 Public Hearing and Consideration of a request from John Newton
for a Zoning Change from "AG" Agricultural to "R-2" Single-Family Residential on
0.248 acres located at 8412 Franklin Ct.
E. PUBLIC WORKS
E.1 Consider Interlocal Agreement Between Tarrant County and the City for Road
Construction on several streets as identified in the street preventative
maintenance program and capital improvement projects budget.
F. GENERAL ITEMS
F.1 Approve Appointment to Place 4 on the Substandard Building Board.
Monday October 13, 2014 City Council Agenda
Page 2 of 3
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G. EXECUTIVE SESSION ITEMS
H. INFORMATION AND REPORTS
H.1 Announcements - Council Member Rodriguez
I. ADJOURNMENT
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City
Council was posted at City Hall, City of North Richland Hills, Texas in compliance with
Chapter 551, Texas Government Code on October 10, 2014 at 3:00 PM.
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City Secretary t: cry
This facility is wheelchair accessible and accessible parking spaces are avai't et""e
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.
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REMOVED FROM
POSTING BOARD
DATE D a ge
Monday October 13, 2014 City Council Agenda
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Discuss Items from Regular City Council Meeting
Presenter: Mark Hindman, City Manager
Summary:
The purpose of this item is to allow City Council the opportunity to discuss any item on
the regular agenda.
General Description:
The purpose of this standing item is to allow City Council the opportunity to inquire
about items that are posted for discussion and deliberation on the regular City Council
agenda.
City Council is encouraged to ask staff questions to clarify and/or provide additional
information on items posted on the regular or consent agenda. City Council may also
elect to move items from the regular agenda to the consent agenda upon receiving
clarification from staff on posted regular agenda items.
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Discuss Cancelling/Rescheduling City Council Meetings.
Presenter: Alicia Richardson, City Secretary
Summary:
The second City Council meetings in November and December are in close proximity to
Thanksgiving and Christmas. City Council will discuss whether to reschedule or cancel
the November 24 and December 22 meetings.
General Description:
Historically, the City Council meeting schedule has been modified to either cancel or
reschedule a meeting that is scheduled close to the Thanksgiving or Christmas holiday.
This year both holidays fall on the fourth week of the month. This item is placed on the
work session to provide Council the opportunity to discuss the second regularly
scheduled City Council meetings in November and December.
The Planning and Development Department has posted on the City website the 2014
meeting schedule (attached) for the Planning and Zoning Commission and City Council
to help developers manage their submittals. The calendar omits the November 24 and
December 22 City Council meetings. The City Council may certainly choose to
reschedule one or both meetings to a different week to accommodate any submittals
received by the Planning and Development Department.
Staff is seeking Council's direction to either cancel or reschedule the meetings. Upon
direction, staff will notify the public via the City's website and at future City Council
meetings during announcements.
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City of North Richland Hills
Planning & Zoning Commission
and City Council
- .. 2014 Meeting Schedule
P&Z Meeting City Council Meeting
(2 nd
(3rd Thursday of the Month)* (2 Monday of the Month)**
U
December 19 (2013) F January 13
January 16 February 10
February 20 March 10
March 20 April 14 E
April 17 May 12
U
May 15 June 9
June 19 July 14 0
July 17 August 11
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August 21 September 8
September 18 October 13 I co
October 16 November 10 E
November 20 December 8
0
December 18 January 12 (2015)
,F-
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*The P&Z Commission meets on the first and third Thursday's of each month. The P&Z
public meetings on the first Thursday of each month are for discussion of issues unrelated Q
to specific cases. Action on cases generally only occurs on the third Thursday of each
month.
**City Council meets on the second and fourth Mondays of each month. Planning items are
generally heard on the second Monday of each month.
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CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Section 551.072: Deliberate the Purchase, Exchange, Lease or Value
of Real Property in the South Sector of the City.
Presenter: Craig Hulse, Director of Economic Development
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CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Section 551.087: Deliberation Regarding Economic Development
Negotiations in the South Sector of the City.
Presenter: Craig Hulse, Director of Economic Development
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Approve Minutes of the August 8, 2014 City Council Budget Work
Session and September 22, 2014 City Council Meeting.
Presenter: Alicia Richardson, City Secretary
Summary:
The minutes are listed on the consent agenda and approved by majority vote of Council
at the City Council meetings.
General Description:
The City Secretary's Office prepares action minutes for each City Council meeting. The
minutes for the previous meeting are placed on the consent agenda for review and
approval by the City Council, which contributes to a time efficient meeting. Upon
approval of the minutes, an electronic copy will be uploaded to the City's website.
Recommendation:
To Approve the August 8, 2014 and September 22, 2014 City Council meeting minutes.
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B.1.a
MINUTES OF THE BUDGET WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, HELD IN THE GRAND HALL AT THE NRH
CENTRE, 6000 HAWK AVENUE, NORTH RICHLAND
HILLS, TEXAS —AUGUST 8, 2014
Present: City Council:
Oscar Trevino Mayor
Rita Wright Oujesky Mayor Pro Tern
Tito Rodriguez Council member
Tom Lombard Council member
Tim Barth Council member
David Whitson Council member
Scott Turnage Council member (present at 9:58 a.m.) o
Tim Welch Council member Q
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Staff:
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Mark Hindman City Manager
Karen Bostic Assistant City Manager
Paulette Hartman Assistant City Manager 2
Mike Curtis Managing Director y
Vickie Loftice Managing Director L
Jimmy Perdue Director of Public Safety C
Alicia Richardson City Secretary
Larry Koonce Director of Finance
Mark Mills Director of Budget and Research m
Mary Peters Public Information Officer
Patrick Hillis Director of Human Resources o
Craig Hulse Director of Economic Development
Stan Tinney Fire Chief
Rick Scott Interim Director of Neighborhood Services
Laury Fiorello Assistant Finance Director a
Jennipher Castellanos Budget Analyst
Kristin James Assistant to City Manager E
Mike Hamlin Assistant Police Chief
Mike Young Assistant Police Chief a
CALL TO ORDER
Mayor Trevino called the Budget Work Session to order August 8, 2014 at 8:30 a.m.
Mayor Trevino and each of the council members briefly commented on the budget
expressing their appreciation to staff for preparing the budget.
Staff presented a PowerPoint presentation that provided an overview of the revised
2013/2014 and proposed 2014/2015 Operating and Capital Project Budgets, initiatives
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Budget Work Session Minutes
August 8, 2014
Page 2
to be continued from previous year, trends and major financial and economic issues
affecting the budget, revenues and expenditures and enhancements to services.
City Manager Mark Hindman began the presentation by giving an overview of the
budget. He advised that the City is seeing an increase (5.6%) in property value growth.
He further advised that he is bringing forward a balanced budget with an increase less
than 1% ($404,994) that includes the following community improvements—John
Barfield/Calloway Branch Trails, Animal Adoption & Rescue Center, City Hall, and street
projects. The proposed budget is based on the current tax rate of 61¢ per $100
valuation. Mr. Hindman provided an overview of the financing plan for the new City
Hall.
Director of Economic Development Craig Hulse presented the economic overview and
discussed local trends. Council was updated on local business and employment growth Q
trends, taxable sales comparisons, and commercial and new residential permits. Mr. a
Hulse updated Council on the North Tarrant Express project within the City and advised
the project would be completed in December 2014. o
Director of Human Resources Patrick Hillis presented the proposed compensation and o
benefits program for the 2014/2015 budget. Mr. Hillis discussed the three pay plans— 0
general services, appointed, and sworn public safety. He informed Council the survey CO
this year found that on average municipalities are proposing a 3% merit increase and c
adjustment to pay ranges at 2.5%. The survey includes 18 municipalities—Allen,
Bedford, Cedar Hill, Colleyville, The Colony, Coppell, Desoto, Duncanville, Euless,
Flower Mound, Frisco, Grapevine, Hurst, Keller, Lewisville, Mansfield, Southlake, and
Richardson. Mr. Hillis advised Council that staff is recommending a 3% merit increase
and an adjustment of 1% to identified pay ranges.
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Council expressed their appreciation of City staff and asked management to look for 00
alternatives for those positions that are recommended to have pay range adjustments.
Mr. Hindman advised Council that staff would seek out alternatives that would not harm a
the current structure.
Mr. Hillis informed Council the trend for medical and prescription is holding steady. He
anticipates that the City will finish over budget this fiscal year. As a result of proposals
received earlier this year, the City will be moving from Cigna to United Healthcare with a
an effective date of January 1, 2015. A 5% increase is proposed to the City and
employee and retiree monthly medical premiums.
Mayor Trevino asked Council if there was consensus on what has been presented by
staff. There was no opposition from Council.
Mayor Trevino recessed the meeting at 9:43 a.m.
Mayor Trevino reconvened the meeting at 9:58 a.m. with the same members present to
include Council member Turnage.
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Budget Work Session Minutes
August 8, 2014
Page 3
Director of Budget and Research Mark Mills provided Council an overview of the revised
2013/2014 General Fund discussing significant impacts to revenues and expenditures.
Mr. Mills compared the adopted to the revised revenues and expenditures and
appropriations of fund balance.
Revised 201312014 General Fund Overview
Summary Adopted Revised Difference
Operating Revenue $42,350,535 $41,631,108 ($719,427)
Appropriation of Fund 20,000 1,596,228 1,576,228
Balance
Total Revenues $42,370,535 $43,227,336 $856,801
Operating Expenditures $41,883,924 $41,649,526 ($234,398) Q
Reserves and Other 486,611 1,527,610 1,040,999 a
Total Expenditures $42,370,535 $43,177,136 $806,601 0
Council had no questions on the revised 2013/2014 revised General Fund budget. o
Mr. Mills provided an overview of the proposed 2015/2015 General Fund budget. y
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Proposed 201412015 General Fund Overview
Summary FY14 Adopted Proposed Difference
Operating Revenue $42,350,535 $43,597,807 $1,247,272
Appropriation of Fund 20,000 15,500 (4,500)
Balance
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Total Revenues $42,370,535 $43,613,307 $856,801 00
Operating Expenditures $41,883,924 $42,288,918 $404,994 a
Reserves and Other 486,611 298,788 (187,823)
Total Expenditures $42,370,535 $42,587,706 $217,171
Council had no questions on the proposed 2014/2015 General Fund budget. a
Mr. Mills discussed the proposed tax rate for Fiscal Year 2014/2015. The proposed
budget tax rate is the same as the current year of 610 per $100 valuation. He reviewed
the tax rate distribution and explained the two components of the tax rate.
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Budget Work Session Minutes
August 8, 2014
Page 4
FY 2014/2015 Tax Rate Components:
General Fund — M & O 57.5% $0.350580
Debt Service Fund & TIFS 42.5% $0.259420
Total Distribution of Tax Rate 100% $0.610000
Mr. Hindman reviewed the following proposed program expansions included in the
2014/2015 budget:
• Retain investment in City staff
• Address concerns identified in the citizen survey
• Reserve funds for known future needs
• Compensation adjustments—pay range adjustment/merit pay ($382,992) and E
sick leave reduction incentive ($53,857) a
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• Code inspector ($84,040) o
• Alarm billing program ($72,548) Q
• Additional street maintenance—permanent street maintenance program a
(additional $200,000), College Circle reconstruction ($300,000), and Tarrant ti
County assistance
• Major street capital improvement reserve contribution ($200,000) c
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Mr. Hindman informed Council there are three options for their consideration to allocate y
$100,000: L
• Neighborhood reinvestment program
• Comprehensive plan update 0
• Reserve for capital improvement
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Mr. Hindman also outlined the following unfunded needs:
• Traffic signal maintenance staffing N
• Hydrant maintenance crew 00
• GPS fleet tracking system
• Bilingual pay Q
• Wastewater line maintenance crew
• Heavy vehicle lifts 0
• Equipment mechanics
Council directed staff to allocate $100,000 to the neighborhood reinvestment program. a
Director of Finance Larry Koonce presented the Debt Service Fund. He reviewed with
Council the projects and amounts issued to date from the 1994 and 2003 Bond
Elections. Mr. Koonce also reviewed the debt service for 2014/2015 and the proposed
General Obligation and Certificates of Obligation Bond sales.
Proposed General Obligation Bond Sale Fiscal Year 2015
......Pro.."ect..............................................................................................................................................................................................................ProP.......ose.d...for..F.Y..20.1.5........................................................................................................................
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Emergency Operations Center (City Hall) $250,000
......Total...General....O.b.1.1.......g at.1.o.n....B.o.n.ds..........................................................................$.......2.50....0.0.0...............................................................................................................................................................................................
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Budget Work Session Minutes
August 8, 2014
Page 5
Proposed Certificates of Obligation Bond Sale Fiscal Year 2015
......Pro.."ect..............................................................................................................................................................................................................ProP.......ose.d...for..F.Y..20.1.5................
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City Hall Project $18,600,000
R.u.fe..........S.n.ow......... ..........M.id...........C.i t i.e S..........to...........H.l........g towe Hightower $ 2,900,000
Expansion
Animal Adoption & Rescue Cent... r $ 270, .........
Center 000
CAD/RMS public safety software $ 4,000,000
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Asphalt paver replacement $ 200,000 Q
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Council had no questions on the Debt Service Fund presentation. ti
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Managing Director Vickie Loftice reviewed with Council the Park and Recreation Facility c
Development Fund, Aquatic Park Fund, and Golf Course Fund. Council concurred with
the funds as presented. y
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Mayor Trevino announced at 11:42 a.m. that he was recessing the Council Budget 0
Work Session and upon return from the recess that he would call the Crime Control and
Prevention District Board Budget Work Session to order.
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Mayor Trevino opened the Crime Control and Prevention District Board Work Session to
order at 12:40 p.m. Director of Public Safety Jimmy Perdue reviewed the proposed N
2014/2015 Crime Control District Fund. After the District's Board of Directors discussed C
the proposed budget, Mayor Trevino adjourned the Crime Control and Prevention
District Work Session at 12:45 p.m. and called the Council's Budget Work Session back
to order at 12:45 p.m. a
Assistant City Manager Karen Bostic reviewed and discussed with Council the revised E
2013/2014 budget and proposed 2014/2015 Utility Fund. Ms. Bostic advised that there
will be an 8% increase in the pass-through rate from Trinity River Authority to treat a
water (sewer). The customers will see an increase of 57¢ in their monthly bill. Council
concurred with the Utility Fund as presented.
Mr. Mills presented the Special Revenue Funds—promotional, donations, special
investigations, drainage utility, gas development, and traffic safety. Mr. Mills
commented the majority of the revenue is from monies donated through the water bills.
Staff has noticed a decline in water bill donations. Mr. Mills informed Council the
biggest change to the fund is the appropriation of fund balance in the amount of
$452,000 being transferred for the new Animal Adoption and Rescue Center.
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Budget Work Session Minutes
August 8, 2014
Page 6
Mr. Hindman informed Council the water bill donations are allocated between the
library, animal shelter and art placed in City parks. Currently the library and art
programs have balances and staff recommends allocating monies to the capital
maintenance program. Mayor Trevino commented that staff needs to be mindful of
monies designated and previously collected through the water bills. Ms. Bostic
informed Council the current funds identified for the library and art in City parks would
remain in the balance.
Mr. Mills commented that the Special Investigations Fund will be appropriated and
transferred to the new City Hall project. There are no significant changes in the revised
2013/2014 Drainage Utility Fund. He also noted the gas development fund has higher
than anticipated revenues that will be transferred to capital to offset the liberty loan and
the new City Hall project reserves. He further commented that the 2014/2015 Traffic
Safety Fund will be up compared to 2013/2014. Mr. Mills informed Council there was Q
no significant change in the revised 2013/2014 Internal Service Funds budget. He a
advised that the Self-Insurance Fund would come in over budget and that staff may
need to bring forward an additional revised amendment based on the claims. o
In response to Mayor Pro Tern Wright Oujesky's question, Mr. Hillis advised that the o
City should remain with the self-insured model. A municipality with a population of more
than 300 employees should look at being self-insured. Mr. Hillis informed Council if co
staff felt moving away from a self-insured model would benefit the City that staff would c
bring forward an item for discussion and consideration by Council.
Mr. Hindman advised Council that staff can survey the surrounding cities that are not
self-insured to see the trends. Mr. Hillis commented that the City has insurance for any 0°
claims that exceed $175,000.
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Mayor Trevino asked staff to compare our costs with non-self-insured municipality 00
costs.
Council concurred with the Special Revenue Funds as presented.
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Mr. Mills presented the Other Special Revenue Funds—facilities / construction
management, fleet services, information services, and insurance. Council concurred
with the funds as presented. a
Managing Director Mike Curtis presented the Capital Improvements Program for streets,
drainage and utility. The total proposed CIP Budget for 2014/2015 is $42,802,542 with
over 32% of the total budget going toward public works projects. The total proposed
CIP budget for public works is approximately $13.7 million with 77% budgeted for
streets and 18% budgeted for utilities. Mr. Curtis presented an overview of the
completed projects in 2013/2014 and proposed projects for 2014/2015. After discussion
and questions from the Council, Council concurred with the public works Capital
Improvements program.
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Budget Work Session Minutes
August 8, 2014
Page 7
Ms. Vickie Loftice presented the Capital Improvements Program for parks and
recreation. The infrastructure projects represent about 60% of the total proposed CIP
Budget for 2014/2015. Ms. Loftice presented an overview of the following proposed
Parks and Recreation projects for 2014/2015:
• Annual tree planting - $35,000
• City wide trail and route system plan - $30,000
• Major trail neighborhood connectors - $133,000
• Northfield parks security lights - $35,000
• NRH Centre infrastructure - $25,000
• Park maintenance infrastructure - $228,900
• RTC infrastructure maintenance - $59,900 0
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• Scoreboard replacement - $123,500 Q
• Trail head gateways - $130,000 a
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Ms. Loftice also reviewed the following proposed NRH2O projects for 2014/2015:
• General facility improvements - $100,000
• Facility enhancements and improvements - $200,000 y
• Slide tower replacement - $200,000 L
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Ms. Bostic presented an update on the current facility capital projects—new City Hall
and Animal Adoption and Rescue Center and new facility projects—building envelope /
roof repairs, flooring replacement, interior / exterior renovations, and Public Library m
interior finish out. She also reviewed with Council the major equipment capital projects
proposed for 2014/2015. N
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The Council concurred with the 2014/2015 Capital Projects Budget.
Mr. Mills reviewed the budget calendar and dates for the upcoming public notices and a
public hearings. Mr. Mills advised the first tax rate public hearing would be held on
Monday, August 25 and the second tax rate public hearing on Monday, September 8, E
2014. The Council would vote to accept the certified roll, adopt the proposed budgets
and propose tax rate on Monday, September 22, 2014. a
There being no further business, Mayor Trevino adjourned the work session on August
8, 2014 at 2:10 p.m.
Oscar Trevino – Mayor
ATTEST:
Alicia Richardson, City Secretary
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B.1.b
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820
SEPTEMBER 22, 2014
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
22nd day of September 2014 at 5:30 p.m. in the City Council Workroom prior to the 7:00
p.m. regular Council meeting.
Present: Oscar Trevino Mayor
Rita Wright Oujesky Mayor Pro Tern (present at 5:44 p.m.)
Tito Rodriguez Council, Place 1 a
Tim Barth Council, Place 4
David Whitson Council, Place 5
Scott Turnage Council, Place 6 c
Tim Welch Council, Place 7 Q
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Absent: Tom Lombard Council, Place 3
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Staff Members: Mark Hindman City Manager
Karen Bostic Assistant City Manager o
Paulette Hartman Assistant City Manager N
Jimmy Perdue Director of Public Safety L
Mike Curtis Managing Director
Vickie Loftice Managing Director
Alicia Richardson City Secretary
George Staples City Attorney co
Mary Peters Public Information Officer
Kristin James Assistant to City Manager E
John Pitstick Director of Planning & Development
Laury Fiorello Assistant Finance Director a
Craig Hulse Director of Economic Development
Mark Mills Director of Budget and Research
Stan Tinney Fire Chief
Clayton Comstock Senior Planner
Call to Order
Mayor Trevino called the meeting to order at 5:30 p.m.
1. Discuss Items from Regular City Council Meeting
There were no questions from Council.
September 22, 2014 City Council Minutes
Page 1 of 9
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2. Discuss Solid Waste Contract
Assistant City Manager Karen Bostic informed Council the presentation this evening is
to provide Council with an update on the request for proposals regarding the City's solid
waste and recycling services. Currently, the City has the following options with our
current contract: (1) twice a week trash collection; (2) once a week recycling (18-gallon
bin); (3) once a week bulk pick up to 4 cubic yards; (4) landfill privileges for $10.00/per
load; and (5) 80 free roll-off container per year (free). The City issued the request for
proposals on June 19, 2014 and received four responses. The proposals include
services based on the City's current contract and alternate services. The alternate
services include: trash carts, recycling carts, once a week trash collection, every other
week recycling collection, additional days for weekly collection schedule, once a week
brush collection and monthly brush collection. Staff is seeking Council's input to
determine if the City should consider and include additional services for the future
contract. '
Council directed staff to move forward with the recycling carts, continue with the twice a c
week trash and once a week recycling schedule, and to increase the bulk and brush Q
collection. a
Mayor Pro Tern Wright Oujesky present at 5:44 p.m. o
3. Presentation and Discussion of 2012 International Building Codes. o
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Chief Building Official Dave Pendley provided Council with an update on the current N
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codes that the City is currently operating under and the proposed 2012 International 0
Building Codes. Mr. Pendley informed Council the City is operating under the 2006 E
International Building Codes and the City's policy is to adopt new codes every six years C
which is every two development cycles. The International Building Codes are prepared y
every three years. Mr. Pendley advised that the purpose of the codes is to protect the
health, safety and welfare of people by creating safe buildings and communities. Mr. E
Pendley informed Council that staff will place an item on the October 27, 2014 City
Council meeting to adopt the following 2012 International Codes — building, residential, a
plumbing, mechanical, and fuel gas. Mr. Pendley advised that the North Richland Hills
Construction Advisory Board at their September 9, 2014 meeting recommended
adoption of the codes.
4. Presentation and Discussion on Solar and Wind Energy.
Senior Planner Clayton Comstock provided Council with an update on staff's research
regarding solar and wind energy. Mr. Comstock reviewed with Council the North
Central Texas Council of Government's Solar Ready II project, which has a working
group that is currently evaluating municipal permitting practices and will be
recommending region-wide best management practices. Mr. Comstock reviewed with
Council the current regulations in the City regarding solar energy and examples of solar
panels in the City. He also reviewed the regulations (ordinances) in place at Flower
September 22, 2014 City Council Minutes
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Mound, Benbrook, Richland Hills and Southlake. Mr. Comstock reviewed the following
ordinance commonalities: roof-mounted solar panels—cannot extend beyond roof
edges or above roof ridgeline; ground-mounted solar panels—same setbacks as
primary or accessory building and maximum height lower than accessory structures;
and build permit specifics.
Mr. Comstock informed Council the City's current Zoning Ordinance does not
specifically address solar panels. Staff has processed requests for roof-mounted
systems via the electrical permit process and ground-mounted systems via the
accessory structure process. Mr. Comstock further commented that ground-mounted
systems greater than 500 square feet require a special use permit for a large accessory
structure in R-1-S and AG zoning districts.
Mr. Comstock advised Council that staff is seeking their direction for the size of ground-
mounted solar panel systems; height/screening requirements of ground-mounted solar a
panel systems; and location of roof-mounted solar panel systems. E
Council directed staff to move forward with option "D" – 3% of lot area with an identified c
maximum for the size of ground-mounted solar systems; option "C" – height of the CL
ground-mounted solar panel system not to exceed screening; and option "C" – location a
of roof-mounted solar panel systems be permitted on all non-street facing roof slopes.
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Mr. Comstock provided Council with an update on wind energy systems. He
commented that wind energy systems are currently allowed on lots that are 2-acres or o
larger. The City requires applicant to apply for a special use permit to consider wind N
energy systems. Mr. Comstock informed Council that there is no demand in the market L
and that staff would not include new policies for wind energy systems, unless directed
otherwise by Council.
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EXECUTIVE SESSION co
Mayor Trevino announced at 6:28 p.m. that the Council would adjourn into Executive E
Session as authorized by Chapter 551, Texas Government Code, specifically Section
551.072 to deliberate the purchase, exchange, lease or value of real property in the a
south sector of the city and Section 551.087 deliberation regarding economic
development negotiations in the south sector of the city. Executive Session began at
6:28 p.m. and concluded at 6:58 p.m.
Mayor Trevino announced at 6:58 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A. CALL TO ORDER
Mayor Trevino called the meeting to order September 22, 2014 at 7:01 p.m.
September 22, 2014 City Council Minutes
Page 3 of 9
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ROLL CALL
Present: Oscar Trevino Mayor
Rita Wright Oujesky Mayor Pro Tern
Tito Rodriguez Council, Place 1
Tim Barth Council, Place 4
David Whitson Council, Place 5
Scott Turnage Council, Place 6
Tim Welch Council, Place 7
Absent: Tom Lombard Council, Place 3
Staff Members: Mark Hindman City Manager
Karen Bostic Assistant City Manager
Paulette Hartman Assistant City Manager a
Jimmy Perdue Director of Public Safety
Mike Curtis Managing Director
Vickie Loftice Managing Director c
Alicia Richardson City Secretary Q
George Staples City Attorney a
A.1 INVOCATION
Council member Barth gave the invocation. o
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A.2 PLEDGE L
Council member Barth led the pledge of allegiance to the United States and Texas
flags.
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A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
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There were no special presentations or recognitions.
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AA CITIZENS PRESENTATION
There were no requests to speak during citizen presentation.
A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
There were no items removed from the consent agenda.
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
September 22, 2014 City Council Minutes
Page 4 of 9
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B.1.b
B.1 APPROVE MINUTES OF THE SEPTEMBER 8, 2014 CITY COUNCIL
MEETING.
MAYOR PRO TEM WRIGHT OUJESKY MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL
MEMBER TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
C. PUBLIC HEARINGS
C.1 ORDINANCE NO. 3330, ZC 2014-15 PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND
HILLS FOR A ZONING CHANGE FROM 1-2" MEDIUM INDUSTRIAL TO "C-2"
COMMERCIAL ON 0.697 ACRES LOCATED AT 5441 RUFE SNOW DRIVE.
APPROVED
Mayor Trevino opened the public hearing and called on Senior Planner Clayton
Comstock to present the item. c
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Senior Planner Clayton Comstock presented the item and advised Council the request a
is a city-initiated zoning change, with the cooperation of the property owner, to rezone
property from 1-2, Medium Industrial to C-2, Commercial. The current building is being o
remodeled for Dairy Queen that will be opening the first of October 2014. Mr. Comstock
informed Council this application achieves the City's ongoing effort to rezone certain o
properties along Rufe Snow Drive to better reflect the Comprehensive Land Use Plan N
and the actual pattern of development. Mr. Comstock informed Council a companion N
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item will be considered by the Landscape Review Board following the City Council
meeting. The Planning and Zoning Commission at their September 17, 2014 meeting E
recommended approval by a vote of 4-0. C
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Mayor Trevino called for anyone wishing to speak on the item to come forward. There
being no one wishing to speak, Mayor Trevino closed the public hearing. E
COUNCIL MEMBER WELCH MOVED TO APPROVE ORDINANCE NO. 3330, ZC 2014-15. COUNCIL Q
MEMBER RODRIGUEZ SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
D. PLANNING AND DEVELOPMENT
There were no items for this category.
E. PUBLIC WORKS
There were no items for this category.
F. GENERAL ITEMS
September 22, 2014 City Council Minutes
Page 5 of 9
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F.1 CONSIDER ORDINANCE NO. 3331, ADOPTING THE 2014/2015 PROPOSED
BUDGET AND AMENDING THE 2013/2014 REVISED BUDGET
APPROVED
Director of Budget and Research Mark Mills presented item and was available to
answer questions from Council.
Council did not have any questions for staff.
COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE ORDINANCE NO. 3331, ADOPTING THE
FISCAL YEAR 2014/2015 BUDGET AND AMENDING THE FISCAL YEAR 2013/2014 BUDGET.
COUNCIL MEMBER WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0. d
F.2 CONSIDER RATIFYING AN INCREASE IN PROPERTY TAX REVENUES
REFLECTED IN THE FISCAL YEAR 2014/2015 ADOPTED BUDGET.
APPROVED Q
Director of Budget and Research Mark Mills presented item and was available to a
answer questions from Council. o
Council did not have any questions for staff.
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COUNCIL MEMBER TURNAGE MOVED TO RATIFY THE INCREASE IN PROPERTY TAX REVENUES N
REFLECTED IN THE FISCAL YEAR 2014/2015 BUDGET. COUNCIL MEMBER WELCH SECONDED d
THE MOTION. E
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MOTION TO APPROVE CARRIED 6-0. N
F.3 CONSIDER ORDINANCE NO. 3332, ADOPTING THE TAX RATE FOR TAX
YEAR 2014.
APPROVED
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Director of Budget and Research Mark Mills presented item and was available to
answer questions from Council.
Council did not have any questions for staff.
MAYOR PRO TEM WRIGHT OUJESKY MADE A MOTION THAT THE PROPERTY TAX RATE BE
INCREASED BY THE ADOPTION OF A TAX RATE OF 61 CENTS, WHICH IS EFFECTIVELY A 2.29
PERCENT INCREASE IN THE TAX RATE, BY THE ADOPTION OF ORDINANCE NO. 3332. COUNCIL
MEMBER BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
September 22, 2014 City Council Minutes
Page 6 of 9
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B.1.b
F.4 CONSIDER RESOLUTION NO. 2014-025, APPROVING AND RATIFYING THE
2014 CERTIFIED ROLL.
APPROVED
Director of Budget and Research Mark Mills presented item and was available to
answer questions from Council.
Council did not have any questions for staff.
COUNCIL MEMBER WELCH MOVED TO APPROVE RESOLUTION NO. 2014-025, APPROVING AND
RATIFYING THE TAX YEAR 2014 CERTIFIED TAX ROLL. COUNCIL MEMBER WHITSON SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
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F.5 APPOINTMENT OF NEW MEMBERS TO THE YOUTH ADVISORY
COMMITTEE
APPROVED
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Assistant to the City Manager Kristin James informed Council the City received five new C
applications for the 2014-2015 academic year. The Youth Advisory Committee has ten
vacancies and upon review of applications the Youth Advisory Executive Committee o
and staff liaison are recommending the following members for appointment to the 2014-
2015 academic year.
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Name School Grade N
Brian Crowson Keller High School Grade 11
Brock Crymes Birdville High School Grade 10 >_
Mason Mclemore Birdville High School Grade 9 Q
Hunter Mendola Birdville High School Grade 10 co
Madeline Ross Birdville High School Grade 10
Taylor Conger Richland High School Grade 12 E
Laura Shive Richland High School Grade12 0
Taylor Tinsley Richland High School Grade 12
Caroline Beagles Fort Worth Christian Grade 10 a
Tyler Barry Richland High School Grade 10
Emily Crowson Keller High School Grade 10
Sara Johnson Richland High School Grade 10
Meredith Orr Richland High School Grade 11
MAYOR PRO TEM WRIGHT OUJESKY MOVED TO APPROVE ITEM F5. COUNCIL MEMBER
TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
September 22, 2014 City Council Minutes
Page 7 of 9
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B.1.b
F.6 CONSIDER PURCHASE OF EQUIPMENT FROM MULTIPLE VENDORS FOR
UTILITY CAPITAL PROJECT UT1407 IN AN AMOUNT NOT TO EXCEED
$420,346.
APPROVED
Council did not require a presentation from staff.
COUNCIL MEMBER TURNAGE MOVED TO APPROVE ITEM F6. MAYOR PRO TEM WRIGHT
OUJESKY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK
SESSION AGENDA
There was no action required by Council as the result of Executive Session.
H. INFORMATION AND REPORTS Q
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H.1 ANNOUNCEMENTS �
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Council member Turnage made the following announcements.
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A prescription drug collection event will be held this Saturday, September 27. The public N
may dispose of unused prescription drugs in a safe manner by bringing them to the Fire N
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Administration building located at 7202 Dick Fisher Drive North between the hours of
10:00 a.m. and 2:00 p.m. If you have questions, please call the Police Department at E
817-427-7000. ii
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Join the North Richland Hills Police Department in celebrating National Night Out on the
evening of Tuesday, October 7. Residents are encouraged to turn on their porch lights E
and gather with their neighbors to show unity against criminal activity.
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The Mayor's next monthly bike ride will be held on Thursday, October 9. This will be the
final ride of 2014. Cyclists are invited to meet at the NRH Centre parking lot at 5:45 p.m.
Kudos Korner — City employees who participated in the 2014 Tarrant County Heart
Walk — The many city employees who participated in the 2014 Tarrant County Heart
Walk. We had a great group come out to walk on a chilly Saturday morning and they
raised more than $9,800 for the American Heart Association. This is yet another
example of how our employees give back to the community and we want them to know
that their contributions and volunteer efforts are greatly appreciated.
September 22, 2014 City Council Minutes
Page 8 of 9
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B.1.b
I. ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:29 p.m.
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
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September 22, 2014 City Council Minutes
Page 9 of 9
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Approve Purchase from Synetra, Inc. for Network Equipment for the
New City Hall in the Amount of$1,103,943.72 From Synetra, Inc.
Presenter: Kyle Spooner, Director of Information Services
Summary:
This purchase provides for the networking, telephone, security, software, systems and
labor for the new city hall building. This includes the main data structure, 10
intermediate data rooms, and all wireless connectivity to complete the new facility.
General Description:
Staff has been working with Synetra and Cisco engineers to develop and design a
system to accommodate the increased need for resources at the new city hall facility.
Together we have produced a system design that would not only meet the increased
requirements for the new City Hall, but also position it for the City's continued growing
needs by taking advantage of modular technology. At the January 14, 2008 City
Council meeting, Council approved Cisco Systems as the City's standard network and
telephone equipment. Cisco has continued to maintain its leadership role in both the
current and future technology market.
As a Cisco certified value reseller, Synetra participates in the State of Texas
Department of Information Resources (DIR) cooperative purchasing program. By
participating in the DIR cooperative purchasing program the City meets all State
competitive bidding requirements for this purchase. The current DIR negotiated
discount is 35 percent. Staff has negotiated with Synetra to receive an additional
estimated $400,000 discount off of Cisco's list price.
This purchase includes one year maintenance. The manufacturer has informed the City
the equipment will be delivered over a three to six month period. The maintenance
agreement will begin upon the City's acceptance of the complete delivery of all
equipment, which is anticipated in spring 2015.
Recommendation:
Approve the purchase of network equipment for the new city hall in the amount of
$1,103,943.72 from Synetra, Inc.
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Approve Resolution No. 2014-026, North Texas High Intensity Drug
Trafficking Area (NTHIDTA) grant application.
Presenter: Jimmy Perdue, Director of Public Safety
Summary:
The High Intensity Drug Trafficking Area (HIDTA) program is a program authorized by
federal legislation and funded through the President's Office for National Drug Control
Policy. The North Texas HIDTA (NTHIDTA) is one of 28 HIDTAs across the country and
is the one in which the City of North Richland Hills is located. NTHIDTA desires to start
a new task force specifically to deal with gangs across the NTHIDTA area and has
requested funding through the Office of the Governor to start the program. The
Governor's office has given tentative approval but needs to a have grant application
made for the funding. In addition the grant funds must be disbursed to a governmental
entity. The Governor's office has contacted the City of North Richland Hills about acting
as the fiduciary for this grant.
General Description:
NTHIDTA desires to start a new task force specifically to deal with gangs and other
organizations engaged in serious and violent criminal activities throughout the NTHIDTA
region. Funding for the program will be coming from the Texas Governor's Office and
they have given tentative approval of the program. A grant application must be made
and the grant funds must be disbursed to a governmental entity acting as a fiduciary to
administer the funds and pay invoices generated by NTHIDTA. The Governor's office
has contacted the City of North Richland Hills about acting as the fiduciary for this grant.
As fiduciary, the City will receive a 5% administrative fee for such services.
The police department is seeking authorization to make application of the grant on
behalf of the NTHIDTA, to accept funds from the Office of the Governor, and to act as a
fiduciary to pay invoices generated by NTHIDTA for a new task force to deal with gangs.
Recommendation:
Approve Resolution No. 2014-026
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NORTH KICHLAND HILLS
RESOLUTION NO. 2014-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS TO APPROVE APPLICATION FOR THE 2014
GRANT FROM THE OFFICE OF THE GOVERNOR ON BEHALF OF
THE NORTH TEXAS HIGH INTENSITY DRUG TRAFFICKING AREA
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the High Intensity Drug Trafficking Area (HIDTA) program is a program
authorized by federal legislation and funded through the President's Office for National
Drug Control Policy and the North Texas HIDTA (NTHIDTA) is one of 28 HIDTAs across
the country and is the one in which the City of North Richland Hills is located; and,
WHEREAS, HIDTA's rely on the task force concept bringing together officers from
many federal agencies with the local and State police to form specific task forces
designed to target a specific threat or problem; and,
WHEREAS, NTHIDTA desires to start a new task force specifically to deal with gangs
and has applied for a grant from the Office of the Governor to start the program which
funds must be disbursed to a governmental entity and requires a fiduciary to administer
the funds and pay invoices generated by NTHIDTA; and,
WHEREAS, the Governor's office has contacted the City of North Richland Hills about
acting as the fiduciary for this grant to receive funds and pay invoices generated by
NTHIDTA and to receive a 5% administrative fee for such services.
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills to authorize the application of the grant on behalf of the
NTHIDTA and to accept the funds from the Office of the Governor and to act as a
fiduciary to pay invoices generated by NTHIDTA;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS THAT:
SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and
incorporated herein as though set forth in full herein.
SECTION 2. That Public Safety Director Jimmy Perdue is authorized to execute
documents necessary for the City of North Richland Hills to apply for and receive a
grant from the office of the Governor on behalf of the NTHIDTA and to pay invoices
generated by NTHIDTA for a task force to deal with gangs.
SECTION 3. This Resolution shall be effective from and after its passage.
PASSED AND APPROVED this the 13th day of October, 2014.
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NORTH KICHLAND HILLS
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Jimmy Perdue, Public Safety Director
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B.4
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Authorize purchase from Bound Tree Medical, LLC and/or Henry
Schein, Inc. for consumable medical supplies in an amount not to
exceed $96,900.
Presenter: Stan Tinney, Fire Chief
Summary:
This item is to authorize payment to Bound Tree Medical, LLC and/or Henry Schein, Inc.
for consumable medical supplies for an amount not to exceed $96,900.
General Description:
The North Richland Hills Fire Department utilizes the interlocal agreement with Cedar
Hill to purchase consumable medical supplies from Bound Tree Medical, LLC and/or
Henry Schein, Inc. These supplies are used by the department during responses to
Fire and EMS calls and are replenished as needed.
The line item 001-9003-532.66-35 Specialty Supplies / Medical and First Aid was
approved in the FY 2014-2015 budget in the amount of$96,900.
Recommendation:
Authorize Purchase over $50,000 but not exceeding $96,900 of consumable medical
supplies from Bound Tree Medical, LLC and/or Henry Schein, Inc. The purchase is a
regularly budgeted item and coincides with the interlocal agreement with Cedar Hill.
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Authorize Payment to Motorola for Annual Public Safety Radio
Maintenance Agreement in the amount of$249,511.68
Presenter: Kirk Marcum, Assistant Fire Chief
Summary:
The annual maintenance agreement for all Motorola Public Safety radios and related
equipment is now due in the amount of$249,511.68.
General Description:
The City of North Richland Hills has shared the maintenance costs included in this
agreement with the Cities of Bedford, Euless, Keller, Haltom City, Southlake, Colleyville,
Grapevine, Richland Hills, and Tarrant County for the past 26 years. The City of North
Richland Hills pays the amount of the agreement in full and then is reimbursed
$233,005.06 by the other entities for their share of the radio maintenance. The North
Richland Hills portion of this contract is $16,506.62. An inter-local agreement is in place
to facilitate this.
The inter-local agreements that were written to accommodate this contract were
implemented in order to provide bulk discounting, thereby alleviating some of the costs
on a per agency basis. The contract allows for the repair of our radio equipment,
replacement of portable antennas if lost or damaged, replacement batteries for
portables and other such items of benefit to the agencies represented.
Funding Source: 001-8901-532-43-65 $249,511.68
Recommendation:
Authorize Payment, in the amount of $249,511.68, to Motorola for Annual Public Safety
Radio Maintenance Agreement
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B.5.a
, L SOLUTIONS SERVICES AGREEMENT
Attn:National Service SuppotV4th fl Contract N Limber: S00001003088
1301 East Algonquin Road Contract Modifier: RN26-MAR-14 10:59:56
(800)247-234$
Date: 09/23/2014
Company Name: North Richland Hills, City Of Required P.O.: Yes
Attn: Customer#: 1000720707 >_
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Billing Address: Po Box 820609 Bill to Tag#: 0010
City, State, Zip: North Richland Hills,TX,76182 Contract Start Date: 10/01/2014 E
Customer Contact: Kirk Marcum Contract End Date: 09/30/2015 m
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Phone: (817)427-6926 Anniversary Day: Sep 30th Q
Payment Cycle: ANNUAL
PO# : TBD
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QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED 2
EXT AMT 2
* * Recurring Services *****
SVCO2SVC0030C SP-LOCAL REPAIR WITH ONSITE RESPONSE $20,792.64 $249,511.68 c
2 SITE(S) c
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SPECIAL INSTRUCTIONS -ATTACH Subtotal - Recurring Services $20,792.64 $249,511.68
STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS
Subtotal-One-Time Event o
Services $ .00 $ .00
Total $20,792.64 $249,511.68
Taxes - - a'
Grand Total $20,792.64 $249,511.68 y
'THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING
JURISDICTION&WHERE APPLICABLE,TO BE VERIFIES]BY MOTOROLA. E
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DFW COMMUNICATIONS INC ARLINGTON TX V
I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms
and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. Z
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AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
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CUSTOMER PRINT N M
MOTOKCV EP ESENTATIVE(SIGNATURE) TITLE DATE
ANTHONY PROF=ITA 815.762-5050
MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE
Company Name: North Richland Hills, City Of
Packet Pg.32
B.5.a
Contract Number: S00001003088
Contract Modifier: RN26-MAR-14 10:59:56
Contract Start Date: 10/01/2014
Contract End Date: 09/30/2015
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B.5.a
Service Terms and Conditions
Motorola Solutions Inc.("Motorola") and the customer named in this Agreement("Customer") hereby agree as follows:
Section 9. APPLICABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1)
maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola
Installation Agreement.
Section 2. DEFINITIONS AND INTERPRETATION
2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the LO
Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In LO
interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any LL
cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states
otherwise. 0
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2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. a,
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2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. 0
Section 3.ACCEPTANCE
Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This
Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the"Start
Date" indicated in this Agreement. e
Section 4. SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other �a
document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's
then-applicable rates for the services. c
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment
will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are o
prescribed by Motorola will be followed. `*4
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial 0
Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the 0
warranty for that additional equipment expires.
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4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the E
Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the 2
Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out c
of service. Customer's obligation to pay Service flees for this Equipment will terminate at the end of the month in which
Motorola receives the written notice. C
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4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous
environments. Z
4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola
may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the
price to Service that Equipment. is
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4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in
a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5. EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other
than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards;
excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of
the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips,
battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission
line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no
Packet Pg.34
B.5.a
obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by the transmission medium.
Section 6.TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's
location, Customer will provide Motorola, at no charge,a non-hazardous work environment with adequate shelter, heat,
light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will
not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and
software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services.
Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding
weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or
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expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola for those charges and expenses. U_
Section 7. CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact(list of names and phone numbers) that will be available m
twenty-four(24) hours per day, seven (7)days per week, and an escalation procedure to enable Customer's personnel to a,
maintain contact, as needed, with Motorola. Q
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Section 8. PAYMENT
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Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each
payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty
(20)days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes,
and other taxes or assessments that are levied as a result of Services rendered under this Agreement(except income, C
profit, and franchise taxes of Motorola) by any governmental entity. :5
Section 9. WARRANTY ra
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period °
of ninety (90)days from the date the performance of the Services are completed. In the event of a breach of this warranty, c
Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, 2
the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR "
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR N
PURPOSE.
Section 10. DEFAULTITERMINATION 0
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a 2M
written and detailed notice of the default. The non-performing party will have thirty (30)days thereafter to provide a written
plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan y
approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any E
other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of
termination to the defaulting party. C
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this v
Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to
Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of Z
termination, Motorola will have no further obligation to provide Services. }
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Section 11. LIMITATION OF LIABILITY E
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict
liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of Q
twelve(12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOODWILL, REVENUES, PROFITS OR
SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED
TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT
TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this
Agreement may be brought more than one (1)year after the accrual of the cause of action, except for money due upon an
open account.This limitation of liability will survive the expiration or termination of this Agreement and applies
notwithstanding any contrary provision.
Section 12. EXCLUSIVE TERMS AND CONDITIONS
Packet Pg.35
B.5.a
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether
written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of
this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written
agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement,
however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be
bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase
order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties
to override and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized
representatives of both parties.
Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished LL
to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, 5
and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or E
as required by law, any confidential information or data to any person, or use confidential information or data for any
purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the a,
expiration or termination of this Agreement. Q
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13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time
by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with
access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license o
under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created
as a result of or related to the Equipment sold or Services performed under this Agreement.
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Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS o
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications c
Commission or any other federal, state, or local government agency and for complying with all rules and regulations
required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer
in any governmental matters N
Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2)years thereafter, Customer will not hire, engage
on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its 2M
subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of
Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found y
to be overly broad under applicable law, it will be modified as necessary to conform to applicable law E
Section 16. MATERIALS,TOOLS AND EQUIPMENT o
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose c
of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in v
Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request.
This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises Z
by Motorola at any time without restriction. }
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Section 17. GENERAL TERMS E
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and
effect.
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17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in
which the Services are performed
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's
reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work,but subcontracting will not relieve Motorola of its duties under this
Agreement.
Packet Pg.36
B.5.a
17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder
without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted
assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola
may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In
addition, in the event Motorola separates one or more of its businesses (each a"Separated Business"),whether by way of
a sale, establishment of a joint venture, spin-off or otherwise (each a"Separation Event"), Motorola may,without the prior
written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to
benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable)following the
Separation Event
17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF
THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES ATERMINATION DATE OR ONE
PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS U_
THAN THIRTY(30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the 5
Services to reflect its current rates. 0
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17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect
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at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on Q
a time and materials basis at Motorola's then effective hourly rates.
Revised Jan 1, 2010
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MOrOROLA SOLUTIONS
Statement of Work
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B.5.a
MOTOROLA
Rev. 3118114
Radio Parts and Service Group
United States/Canada Service Division-West
These are the terms and conditions for the 2014.2015 contract and are substantially the
same terms and conditions as under the current 2013-2014 contract.
NORTH RICHLAND HILLS RF CONSORTIUM LL
MAINTENANCE AGREEMENT TERMS & FEATURES E
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1. Unlimited repair and check out of covered units. °;
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2. Reprogramming of Subscriber Units (i.e. Mobiles, Portables &control Stations) is
based on the following criteria:
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(a.) Reprogramming is covered when radios are repaired, and the
repair requires a unit to be programmed using an existing template.
(b) One template change,per unit,per year is included. c
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3. Preventive Maintenance check of each subscriber once per year will be scheduled with
the customer entity by DFW Communications. Any available firmware updates will be
installed in the subscriber during the yearly PM. N
4. Any change in the budgetary figure for contracts needs to be communicated in writing
to all users prior to Feb 28 of the year the new contract will begin. The Consortium's •y
exclusive monthly price for basic subscriber coverage for contract period of 2014-2015 is Q
remaining at$5.88 per unit. co
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To the subscribers monthly per unit cost of$5.88 you will need to add the 0
price shown below for the batteries you choose to cover under this agreement. (Basic c
pricing is per unit, per month and does not include portable batteries). v
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(Example: $5.88 +NTN9815 $4.99 =$10.87 per unit per month) z
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MTS 2000 E
NTN 7143CR $2.10 Q
NTN 7144 $2.10
XTS 1500
NTN 9815 $4.99
NTN 9816 $4.28
Packet Pg.39
B.5.a
NTN 9858 $5.33
NTN 9857 $7.17
XTS 2500
NTN 9815 $4.99
NTN 9816 $4.28
NTN 9858 $5.33
NTN 9857 $7.17
NNTN 6263 $4.11
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HNN 9031 $9.01 S
HNN 9032 $10.93 �
NNTN 4435 $10.58 0
NNTN 4436 $11.66
NNTN 4437 $12.24
NNTN 6034 $13.56 c
NTN 8297 $10.93 0
NTN 9862 $13.13
RNN 4006 $10.93 0
RNN 4007 $13.13
NTN 8294B $4.37
NTN 8297A $6.65 d
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5. Prices are per unit/per month, and include parts and labor. Definition of covered or E
uncovered items is:
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(a.) Radio housing, antenna, single unit charger and internal components are c
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covered. _
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(b.) Remote speaker microphones may be added as on option by any member of
consortium for$3.15 per unit per month. 0
6. Units that are physically abused, or water damaged will be covered up to $150.00 of Q
the combined parts and labor costs necessary to repair. Additional costs will be billed
directly from the local service provider at an exclusive to Consortium customer rate
of$105.00 per hour, plus parts.
7. Maintenance Agreement covers the repair or replacement of one (1) antenna
and one(1) single unit charger per unit per year, if these items are found to be
defective.
Packet Pg.40
B.5.a
8. Based on the wide variety of batteries being used by Consortium members today, we
will no longer replace 50% of the total subscriber count. Each Consortium member
must provide a predetermined quantity of replacement batteries they choose to have
covered during the contract period and provide a predetermined selection of which
battery part number they choose to have covered under this agreement. Each battery
part number is individually priced as explained above in line item 4.
Battery Maintenance as part of this agreement is defined as replacement of defective LO
batteries that you have chosen to cover. The exchange will be one for one. Each �
covered defective battery brought in for replacement will be exchanged for a new
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battery(same part number as the defective battery only). 0
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Batteries will only be replaced after analysis at the DFW depot determines they are bad Q
or defective. Batteries will be deemed replaceable when they are found to perform at 0
less than 80% capacity.
9. All repairs will be performed 8:00 am to 4:30 PM, Monday through Friday, except
where noted otherwise (excludes weekends and holidays).
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10. Pick up and delivery of subscriber portable units will be on demand, not to exceed
two (2) calls per week. Allow twelve (12)business hours response time.
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11. Fire and Ambulance mobile radios can be serviced at customer location Monday- o
Friday 8:00 -4:30 (excludes Dave Clark, SetCom, and/or other apparatus equipment).
All other mobiles must be serviced at one of three area Motorola Service Stations. o
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12. Installation and removal services to be addressed and quoted on an individual basis.
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13. Repair time of subscriber units (i.e. mobiles,portables, and control stations) shall not
exceed five (5) working days, without notification of any parts backordered and/or y
other delays. Radios no longer supported by Motorola, such as analog Spectra will be E
serviced locally based on parts availability. r-
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14. Motorola Customer Support Manager will be responsible for working with the c
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customer's contract administrator, to track,update, and adjust equipment inventory as x
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changes occur. Z
15. Above contract work will be performed at an exclusive to Consortium customer rate
of$105.00 per hour, plus parts.
16. Discounts will be applied for annual payment of contract received in advance Q
(discount rates to be determined at each contract renewal).
17. Telephone consultation and support will be provided by DFW Communications at no
additional.
18. Console Operator Positions are $183.75 per operator position.
Packet Pg.41
B.5.a
19. Central Electronic Bank Equipment will receive full 24X7 coverage during the
contract period.
20. Control Stations are permanent installations and have not been treated as mobiles,
as the contract intended. Repairs have been consistently made at the customer
location. Control Stations will be offered at a billing rate of $15.75 per month.
Programming will continue to be offered per the original contract terms, when taken
to any of DFW Communications three (3) service locations.
21. Time&Material rates for non-contract items are as follows:
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Normal Business Hours: $105.00 per hour plus parts. There is a trip a
charge of $85.00 for each call out. Hourly rate begins upon arrival at
customer location. a,
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After Hours: $157.50 per hour plus parts, with a minimum charge of 4
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hours. There is no trip charge incurred. Hourly rate begins from point of
origin.
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22. To clarify the repair on XTS submersible intrinsically safe radios, the seals on XTS O
submersible radios are guaranteed for one (1) year from date of purchase only. Seal CU
failure will not be considered physical damage, unless there is apparent physical CU
damage to the radio that caused the seal to fail. °
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B.6
r4
NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Consider accepting the 2014 Dallas Fort Worth Arlington (DFWA)
Urban Area Security Initiative (UASI) grant in the amount of$55,600.
Presenter: Stan Tinney, Fire Chief
Summary:
The City of North Richland Hills has been awarded funds from the 2014 Dallas Fort
Worth Arlington (DFWA) Urban Area Security Initiative (UASI) grant for$55,600. These
items are for the North East Fire Department Association (NEFDA) Hazardous Materials
(HazMat) team that is housed at NRH. These funds are to be used to purchase 10
replacement Level A/B HazMat suits and 8 Scott one hour Self Contained Breathing
Apparatus (SCBA) packs. This grant was administered from NEFDA based on
recommendations from NEFDA member departments.
General Description:
The Northeast Fire Department Association (NEFDA) is comprised of fourteen (14)
jurisdictions in northeast Tarrant and southern Denton counties. The cities in NEFDA
are North Richland Hills, Richland Hills, Haltom City, Hurst, Grapevine, Southlake,
Colleyville, Keller, Watauga, Bedford, Euless, Roanoke, Westlake, and Trophy Club.
This grant is for the NEFDA Hazardous Materials (HazMat) team. This project will be for
10 replacement Level A/B HazMat suits and 8 Scott one hour Self Contained Breathing
Apparatus (SCBA) packs. These items will placed on the HazMat team vehicle housed
at North Richland Hills. With new safety regulations in SCBA packs this would bring the
NEFDA HazMat team up to industry standard.
Recommendation:
Consider Acceptance of the 2014 Dallas Fort Worth Arlington (DFWA) Urban Area
Security Initiative (UASI) Grant for $55,600 to be Used for Hazardous Materials
(HazMat) Team Equipment
Packet Pg.6.5
B.6.a
Texas Department of Public Safety
OF�U -
2014 Sub Recipient Award
A. for
City of North Richland Hills
1.General Award Information Reference/Encumbrance No:
Date of Award:September 16, 2014 Prepared By: Gregersen,William 3.SAA Award Number: 14-SR 52356-02 C
co
44.Sub-Recipient Name and Address 5 Federal Grant Information, uj
W)
Federal Grant Title: Homeland Security Grant Program (HSGP) i
Urban Area Security Initiative (UASI) w
r�
Mayor Oscar Trevino Federal Grant Award Number: EMW-2014-SS-00029
City of North Richland Hills
7301 NE Loo 820 Federal Granting Agency: U.S. Department of Homeland Security(DHS) N
Loop Federal Emergency Management Agency(FEMA) Q
N. Richland Hills, TX 76180
Date Federal Grant Awarded to TxDPS: August 6, 2014
CFDA: 97.067
D
6.""Award Amount and Grant Breakdowns, c
N
Grant Period: r`
0
DFWA UASI From: To:
Sep 1, 2014 Jan 31, 2016
d
$55,600.00 f'1n llTe SAA rnum m mreceive a llllll imvuliice Illa�U Ilm u nm: muramumU pw�m°iii �
N
7. Statutory Authority for Grant:The Department of Homeland Security Appropriations Act, 2014, (Public Law 113-76), and The
Homeland Security Act of 2002 as amended (Public Law 107-296), (6 U.S.C. § 603).
0
S. Method of Payment: Primary method is reimbursement. N
9. Debarment/Suspension Certification:The Sub-Recipient certifies that the sub-recipient and its contractors/vendors and principals C
are not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency
and do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/ U
10. Agency Approvals N
2
Approving TxDPS Official: Signature of TxDPS Official:
Garry Jones
Deputy Assistant Director
Texas Homeland Security
State Administrative Agency
Texas Department of Public Safety z
11. SuU-Recipient Acceptance
E
ghee to Illhiiii ,Smulllm IIlReciiillpiiieluii Agllreeluneluml ccmlumslistliing of Illhiiii ,Awaird �ind t1he attaclllmed "Tellrlumms�ind
I m�mv�� urm�aa. �umluma.m�IIr�,Ia�ma�ma. �mluma. �ma
mmind iii l iiiolins
cC
Print name and title of Authorized Sub-Recipient Official: Signature of Sub-Recipient Official: Q
Nbzps Pt dbs Usf \ j op
Enter Employer Identification Number(EIN)or DUNS Number: Date Signed
Federal Tax Identification Number:
X36. (1 162: b 1 ' 8' 963b
IC:tUlll' IICmA"II III Octg)llbeui°31, 2UI'.14 Sill ginedll AwWmuidll wiiithm 11'eui in „Wmincilll:.a.mincillli!I!tiiim.murms uuruiust, be ui°ertluii°neap m,m.m SAA,,_,.SIIRA@a:ll1lll3 texas gq)v mmurm mmui°Ilberfmmui°e t1hme
d1llue d1llate
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B.6.a
2014 TERMS AND CONDITIONS
Instructions:
The Sub-recipient shall:
1. Fill in the information and sign the Grant Sub-Recipient Award;
2. Certify they have read and understand these Terms and Conditions;
3. Certify to the statements provided in Exhibits A, 8, C and D located at the back of this document by filling in contact
information and signing all exhibits, and c
4. Return all documents via email to SAA_SIIRA@dlps..-texas..gov on or before the date provided in the transmittal letter and/or Q
in this Grant. Li
LO
1. Grant Sub-recipient Agreement c
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This Grant Sub-recipient Agreement(consisting of this 2014 Grant Sub-recipient Award and these Terms and Conditions) is made and
entered into by and between the Department of Public Safety/Texas Homeland Security State Administrative Agency, an agency of the
State of Texas, hereinafter referred to as"DPS/THSSAA," and the funds recipient, hereinafter referred to as the"Sub-recipient" or
"Sub-grantee." Furthermore, DPS/THSSAA and the Sub-recipient are collectively hereinafter referred to as the"Parties." This Grant N
Sub-recipient Agreement(Si or otherwise referred to herein as"this Grant" or"this Agreement", is only an offer until Sub-recipient
returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub-recipient Award.
Q
The FY 2014 Homeland Security Grant Program(HSGP)funding plays an important role in the implementation of the National LL
Preparedness System(NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National 0
Preparedness Goal (NPG)of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible costs related to the planning, d
organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism c
and other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support the N
Nation's Preparedness against terrorist attacks, major disasters, and other emergencies.
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The FY 2014 Nonprofit Security Grant Program(NSGP)funding plays an important role in the implementation of the National Preparedness
System(NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each
of the five mission areas outlined in the NGP. NSGP provides funding support statutorily eligible costs to include target hardening and other
physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of the y
specific Urban Areas Security Initiative(UASI)-eligible Urban Areas. While this funding is provided specifically to high-risk nonprofit
organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is also y
designed to promote coordination and collaboration in emergency preparedness activities among public and private community
representatives, as well as State and local government agencies. Q
Sub-recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If
Sub-recipient issues subawards as part of this Grant project, Sub-recipient shall include and require its subawardees to comply with the
terms and conditions of this Grant. c
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The term"Sub-recipient agreement funds"as used in this Grant means funds provided by DPS/THSSAA under the United States c
Department of Homeland Security(Di Federal Emergency Management Agency(FEMA)grant programs (also referred to herein as
DHS/FEMA). The term"Sub-recipient's funds" or match funds as used in this Grant means funds provided by the Sub-recipient.
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2. Overview and Performance Standards
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Ill am llama;atoins and use of funds a,uirdeir fllNs (,,irai nt shna ll the iii a accordance wii lhn the 11=Y 014 Funding Opipoiriu.uiniifly Ain iroo ui nceirnnei nt(11FOA) for the -a
=snagsnira (,,iramint 11"irlle n.olps dfiiied seen fllhn s 4':,ira infl, and s udin 11=Y 014 FOA its iiincoirlpoira ted Ihy irefeireince Iheir6in. Sub-recipient shall read, understanc �
and accept the FY 2014 Funding Opportunity Announcement as binding.
A. Standard of Performance. Sub-recipient shall perform all activities and projects entered into the DPS/THSSAA web-based grants
management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate
local, regional and state-level grant administrator(s). Sub-recipient shall perform all activities in accordance with all terms, provisions and c
requirements set forth in this Grant, including but not limited to the following Exhibits: Z
1. Assurances—Non-Construction Programs, hereinafter referred to as"Exhibit A"
2. Assurances—Construction Programs, hereinafter referred to as"Exhibit li d
3. Certifications, hereinafter referred to as"Exhibit C" E
4. State of Texas Assurances, hereinafter referred to as"Exhibit i
B. Failure to Perform. In the event Sub-recipient fails to implement the project(s)entered and approved in the DPS/THSSAA web-based Q
grants management system, or comply with any provision of this Grant, Sub-recipient shall be liable to DPS/THSSAA for an amount not to
exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any
other grant program funds administered by DIPS until repayment to DPS/THSSAA is made and any other compliance or audit finding is
satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future
funding in additional DHS/FEMA and/or other grant programs administered by DIPS.
3. Environmental Review
S .. "i "i s s zs� .� funded ..�, .. .� ., 'warm �ws "s s
�u��wli�a ur���mlpm�urmi,.��Ilhniro�llllll ro�.��.��a��.��.�� mi,� i�d�urro�lllllly iu��wurmd� Ilpurm�ule��i„� im�ur Ilpa�i,�urmi,mro�lll uiuinru�llpro���i,i,m��urmvuiurm�urmuinru����urmi,m�.�lll ur��m�u��wur���� ro�urmd Ilhu�ui.��i,m�urui�� Ilpurm�llp�urg,ui�.��.
Sub-ire-,niillpiii�int sIlhmdlllll siulbinrmiii��any ur��a�,Uiiure s�-,ireeirml ing t"oinnni(s)as��a oin as Ilpa��ss�iili��allie and��Ilhmro��llllll�-,oinrmllpllly wliit;llhn� d��ro��dlllliiurmes estm�.�li��allllii y
i,ro�urm m�llhni�nd lea
YP1'/1l” I HSSAA Piiinrnin�it iiunes fair the Plllaurmurmiiiurmg and IRiistourikn Preservation fltIIIHIP) i Ilpurcxmss wiiillllll vaury lbased ullpourm the
�-,oinrmllplliexiuty of the Ilpuro„�e-,t and the Ilpoteintiidll toir e,irmviiiurm.)urmuinrnieirmt;a ll oir Ilhniiii�toinuk-,del uiuinrnillpm-,t, Sub-ire--,-,iillpiiieint;s hnidlllll iuumnlllude su l:
liiiuinne wiittiiiiurm Is Ipuroulect;inrmainage nrmeint;Ilplliain to�-,oinrmllpllly wmittm IItI IIHP ureqUiiurenrmeants irmuitiaiJoin m�f %�iirm L uinrm Packet Pg. 6
Page 2 OF 18
Sub-recipient, ible upon receiving this Grant, toDP8/TH88AAto assist with the legal
EHP review and to ensure compliance with applicable EHP laws and Executive Orders (i currently using the FEMA EHP Screening Forrr
OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it,with all supporting documentation, to DPS/THSSAA for review. These
EHP requirements include but are not limited to the National Environmental Policy Act,the National Historic Preservation Act,the
Endangered Species Act, EO 11988-Floodplain Management, EO 11990-Protection of Wetlands, and EO 12898-Environmental
Justice. Sub-recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances.
See FEMA Information Bulletin 329.
8ub'recipiontahaU not undertake any activity from the project that would result in ground disturbanoo, facility modifioation, or purchase and
use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security
enhancements involving ground disturbance, new construction, and modifications to buildings. Sub-recipient shall comply with all mitigation
or treatment i d for the nojoot as the lt of FEM/Y EHP review. Any changes to an approved project description will
require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during
project implementation, 8ub'rooipiontahaU ensure monitoring of ground disturbance and if any potential archeological resources are
discovered, 8ub'rooipiontahaU immediately cease construction in that area and notify FEMA and the appropriate State Historical
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Preservation Office. LO
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4' Funding Obligations 0
A. DPS/THSSAA shall not be liable to Sub-recipient for any costs incurred by Sub-recipient that are not allowable costs. c»
B. Notwithstanding any other provision ofthia8rant. thohota| ofaUpaymontoandothorob|igationainounodbyDP8/TH88AAundorthia `*
Grant shall not exceed the Total Award Amount listed on the Grant Sub-recipient Award. —
C. Sub-recipient shall contribute the match funds listed on the Grant Sub-recipient Award. u-
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D Sub-recipient shall ro fun dtoDP8/TH88AA any sum Grant funds that has been determined by DP8/TH88AAtob
be an Q
overpayment to Sub-recipient or that DPS/THSSAA determines has not been spent by Sub-recipient i accordance with this Grant. No pv
refund payment(s)shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by
statute or regulation. Sub-recipient shall make such refund to DPS/THSSAA within thirty(30)calendar days after DPS/THSSAA requests r~
such refund. `-
E. Notwithstanding any other provisions, thoPartioahoretoundorstandandagroothatDP8/TH88AAaob|igationaundorthia8rantaro
contingent upon the receipt funds to meet DP8/TH88AAa liabilities hereunder, aa required by the Homeland Security
Grant Program(i DPS/THSSAA shall not be liable to Sub-recipient for costs which exceed the amount specified in this Grant. �o
5. Performance Period
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S~_ .~~.p.~...~..4.. have expended a..G.a...funds ai�~~_..... e~ .~...._~.~~...~....~q~~~~~a..~ any ...-o.~~~ in ...~ Y. ~-...IS~.._ v�
giraint innainagenneint the eind of the peirforrinaimm, peir�iod DP8/TH88AA shall not bo obligated to reimburse expenses incurred .
or submitted after the performance period.
6. Uniform Administrative Requirements, Cost Principles and Audit Requirements �
Except aa specifically difi d by law or this Grant, Sub-recipient shall administer this Grant through compliance with the most recent @@
version of all applicable laws and regulations, including but not|imhedtoDH8pmgram |ogia|ation. Fodora| awandingagonoyrogu|ationa. :c
and the terms and conditions of this Grant. A non-exclusive list ia provided below.
A. Administrative Requirements
1 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the
A+102 Common i
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals an( o
Other Non-Profit Organizations(OMB Circular A+11O). Z
3. 44 C.F.R. Part 10. Environmental Considerations
B. Cost Principles
1 2 C.F.R. Part 225, Coat Principles for State, Local and Indian Tribal Governments(OMB Circular A' 7)
�
2. 2 C.F.R. Part 220, Coat Principles for Educational Institutions(OMB Circular A-21)
3. 2C.F.R. Part 23O. Cost Principles for Non-Profit Organizations(OMB Circular A+122)
4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations(FAR), Contracts with Commercial Organizations
C. Audit Requirements
OMB Circular A-1 33,Audits of States, Local Governments and Non-Profit Organizations.
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D. Grant Guidance(Funding Opportunity Announcement)
Sub-recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2014 Funding
Opportunity Announcement and supplemental resources for the HSGP currently available at
http://www.fema.gov/media-library-data/1395161200285-5bO7edO456056217175fbdee28d2bO6e/FY 2014 HSGP FOA Final.pdf and the
Nonprofit Security Grant Program(NSGP),
http://www.fema.gov/media-library-data/1396016700388-fb23d8l3b8dfOd8eab995c8f27clac3e/FY 2014 NSGP FOA Final Revised.pdf.
7. DHS Specific Acknowledgements and Assurances
Sub-recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 —Financial
Assistance Award Standard Terms and Conditions(January 14, 2011), which is incorporated by reference herein. DHS requires those
standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial
assistance awards: http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf.
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Sub-recipient acknowledges and agrees, and shall require any sub-recipients, subawardees, contractors, successors,transferees, and Qc
assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, Li
information, facilities, and staff. `O
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1. Sub-recipient shall cooperate with any compliance review or complaint investigation conducted by DHS. w
2. Sub-recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of
information related to this Grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as
required by DHS regulations and other applicable laws or program guidance.
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3. Sub-recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup
documentation to support the reports. Q
4. Sub-recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or LL
detailed in program guidance. D
5. If, during the past three(3)years, Sub-recipient has been accused of discrimination on the grounds of race, color, national origin c
(including limited English proficiency), sex, age, disability, religion, or familial status, Sub-recipient shall provide a list of all such N
proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office
of Civil Rights and Civil Liberties. a�
6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including
limited English proficiency), sex, age, disability, religion, or familial status against Sub-recipient, or Sub-recipient settles a case or matter
alleging such discrimination, Sub-recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office. 0
The United States has the right to seek judicial enforcement of these obligations. a;
8. Operation Stonegarden (OPSG) Specific Conditions
Ills Sub ure�,upuermi,us ure�,euvuurm Operai;iik)rm Si;ormeaureurm (OP S(3) i'uurms,Sub re�,upliiermi,us pirotiuU1ed iuroumn oUlugatuing our expein&ing OIPSG
funds I
rm* e d ituroug hni i h ls irroinit uriiilll ew-,hni urmiq ue,u .y l lf�o: II"'llle° �� Wlr �I y' lev e�ly tirlii a a.)r e,quwliivalle,rmi;OIpe,ral;iia.)ris Or er oir c
Fragnnenta ry Order has beein re� e e ain �Ppirove lay oifk-,u4l lay FEWAaind Cusionns ain oir e r N,
Patirol (CIIF'fIIPhIF'fIIP).Each Operations Order will be transferred via the secure portal (CBP/BP)BPETS system from each respective AOR c
Sector HQ to CBP/BP HQ in Washington, D.C., for review and pre-approval for Operational continuity, then forwarded to FEMA GPD/PGD 0
OPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA and
CBP/BP HQ in Washington, D.C. U
1. Sub-recipient shall develop and submit required operational documents through the border area's Integrated Planning Team.
2. Sub-recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will
articulate the intent of how OPSG funds will be used throughout Sub-recipient's Grant performance period. �a
3. If Sub-recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request 2
for an overtime waiver shall be submitted through the Integrated Planning Team.
4. Sub-recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the o
campaign plan. Z
5. Sub-recipient shall only initiate tactical operations after the specific Operations Order(s)are approved through the Border Patrol y
Headquarters and by FEMA, and the DPS/THSSAA has issued a Grant Sub-recipient Award or Grant Adjustment Notice(GAN)to the E
jurisdiction.
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9. State Requirements for Grants a
Sub-recipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the
laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State
Administrative Agency Information Bulletins, available at
http://www.txdl2s.state.tx.us/director staff/saa/information bulletins.htm. Texas Uniform Grants Management Standards(UGMS)at
http://www.window.state.tx.us/procurement/catrad/ugms.pdf and the State Administrative Agency Sub-recipient Manual, available at
http://www.txdps.state.tx.us/director staff/saa/documents/subrecipientManual.pdf. Sub-recipient shall, in addition to the assurances and
certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes,
regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application.
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B.6.a
Sub-recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows:
1. Grant funds may not be expended for this Grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701,
unless the law enforcement agency requesting this Grant is in compliance with all rules developed by the Texas Commission on Law
Enforcement(COLE)or TCOLE certifies that the requesting agency is in the process of achieving compliance with such rules.
2. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll
conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular
candidate or party.
3. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are
satisfied:
a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government
employees;
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b. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the W
candidacy of any person for office; influencing positively or negatively the payment, loan, or gift to a person or political organization for a W
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political purpose and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a
lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; c
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c. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses
alcoholic beverages on active duty and Sub-recipient may not use Grant funds to purchase an alcoholic beverage and may not pay or L
reimburse any travel expense for an alcoholic beverage; 0
d. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Sub-recipient to make every effort to attain key performance N
target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting j
requirements; and Q
e. General Appropriations Act,Art. IX, Sections 7.01 and 7.02, and Texas Government Code§2102.0091, which requires that this Grant LL
may only be expended if Sub-recipient timely completes and files its reports. 0
10. Restrictions and General Conditions N
A. Use of Funds. DHS Grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutory ti
authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or
intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government
or any other government entity.
B. Lobbyina Prohibited. No funds shall be expended by Sub-Recipient to pay any person to influence, or attempt to influence an officer or
d
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in y
connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. These
lobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub-Recipient understands and agrees that it shall not use any federal N
funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level
of government, without the express prior written approval of FEMA. d
C. Transferrina Funds. Sub-recipient is prohibited from transferring funds between grant programs(such as SHSP, UASI, and OPSG) c
without a properly executed GAN. N
D. Federal Employee Prohibition. Federal employees are prohibited from serving in any capacity(paid or unpaid)on any proposal C
submitted under this Grant. Federal employees may not receive funds under this Grant.
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E. Cost Cateaories. There may be limitations on the use of HSGP and/or NSGP funds for the categories of costs listed below. For
additional details on restrictions on the use of funds, refer to the FY 2014 HSGP or NSGP FOA,Appendix C, Funding Guidelines. _
2
1. Management and Administration
2. Planning
3. Organization
4. Equipment
5. Training Z
6. Exercises
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7. Maintenance and Sustainment E
8. Critical Emergency Supplies
9. Construction and Renovation Q
F. Governina Board Approval. In cases where local funding is established by a Council of Government(COG)or an Urban Area Security
Initiative(UASI)governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing
board.
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G. Notices. All notices or communications required or permitted to be given by either Party hereunder shall be deemed sufficie
if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star, to
the other Party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub-recipient, see the address listed
on the Grant Sub-Recipient Award page or Point of Contact address listed for the Sub-recipient in the DPS/THSSAA Grants Management
System(SPARS).
DPS/THSSAA Contact Information
Deputy Assistant Director
Texas Homeland Security State Admin. Agency
Texas Department of Public Safety
P.O. Box 4087
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Austin, TX 78773-0220 Qc
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H. Points of Contacts. Within 30 calendar days of any change, Sub-recipient shall notify DPS/THSSAA of any change or correction to the
chief elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system. o
I. DUNS Number. Sub-recipient confirms its Data Universal Numbering Systems(DUNS) Number is the number listed on this Grant.
The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or L
hftl2:Hfedgov.dnb.com/webform.
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J. Central Contractor Reaistration and Universal Identifier Reauirements. Sub-recipient maintains that it has registered on the System
for Award Management(SAM)at www.sam.gov, or other federally established site for contractor registration, and entered
DPS/THSSAA-required information. Sub-recipient shall keep current, and then review and update the information at least annually. Q
Sub-recipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or LL
receives final Grant award payment. Sub-recipient agrees that it shall not make any subaward agreement or contract related to this Grant p
without first obtaining the vendor/subawardee's mandatory DUNS number. See Section .210 of OMB Circular A-133,Audits of States, Local d
Governments, and Non-profit Organizations. c
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K. Indirect Cost Allocation Plan. Sub-recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant
Agency to DPS/THSSAA within 30 calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing
negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal
agencies. OMB publishes a listing of cognizant agencies at http://harvester.census.gov/sac/dissem/asp/reports.asp. Unless the basis of the
cost plan changes, Sub-recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar
days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to y
SAA RRCa_dps.texas.gov. The Sub-recipient name shall be included in the file name and subject line of the email transmittal.
d
L. Reportina Total Compensation of Sub-recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350.
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1. Applicability and what to report: Sub-recipient shall report whether Sub-recipient received$25 million or more in Federal procurement Q
contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub-recipient shall report whether 80%or more of
Sub-recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub-recipient answers
"yes"to both questions, Sub-recipient shall report, along with Sub-recipient's DUNS number, the names and total compensation (see 17 N
C.F.R. §229.402(c)(2))for each of Sub-recipient's five most highly compensated executives for the preceding completed fiscal year.
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2. Where and when to report: Sub-recipient shall report executive total compensation at www.sam.gov, or other federally established >,
replacement site. By signing this Grant, Sub-recipient certifies that, if required, Sub-recipient's jurisdiction has already registered, entered
the required information, and shall keep information in the SAM database current, and update the information at least annually for each year V
until the later of when the jurisdiction submits its final financial report or receives final payment. Sub-recipient agrees that it shall not make
any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number.
M. Direct Deposit. If Sub-recipient has not received HSGP or NSGP reimbursements from DPS/THSSAA within the past eleven (11)
months(prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from
Sub-recipient shall be emailed to SAA RRCa_dps.texas.gov. The email subject line and attachment name shall include the jurisdiction name
and identify the document attached (i.e. "Sample County DD form"). The direct deposit form is currently available at
http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf. Sub-recipient may simultaneously sign up for the Advance Payment Notification
(APN) email feature which provides State of Texas payees with a one-business-day advance notice that a direct deposit payment has
been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online. 0
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N. Procurements. Sub-recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited
to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in d
accordance with 44 C.F.R. §13.36. E
O. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 44 ig
C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Q
P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds awarded under thiE
Grant, Sub-recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded by any federal department and agency and shall confirm the vendor/subawardee does not have any active
"Exclusions" by reviewing the vendor/subawardee entity information at https://www.sam.gov/portal/public/SAM/.
Q. Manaaement and Administration. If this Grant includes a specific award of funds to Sub-recipient for management and administration
(M&A), Sub-recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A,
refer to Information Bulletin 365 located at
http://www.fema.gov/g rants/grant-pros rams-di rectorate-information-bulletins.
R. Personnel Cap. Up to fifty percent(50%)of all HSGP awards received by Sub-recipient may be used for personnel and
personnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement
Homeland Security Act(Public Law 110-412). In general, use of HSGP funding to pay for staff and/or contractor regular t Packet Pg.71
Page 6 OF 18
overtime/backfill, among other items, are considered personnel-related costs. Sub-recipient may request a waiver to the 50%pers
cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at
SAA(2dps.texas.gov. Requests for waivers shall be submitted on official Sub-recipient letterhead and be signed by an authorized official
of Sub-recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379.
S. Property Manaaement and Inventory. At least every two(2)years, Sub-recipient shall take a physical inventory and shall reconcile the
results with property records. Sub-recipient shall maintain property/inventory records which, at minimum, shall include a description of the
property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property,
the percentage of Federal participation in the cost of the property,the location, use and condition of the property, and any ultimate
disposition data including the date of disposal and sale price of the property. (See sample equipment inventory record format at
http://www.txdl2s.state.tx.us/director staff/saa/audit and compliance.htm )Sub-recipient shall develop and implement a control system to
prevent loss, damage or theft of property and Sub-recipient shall investigate and document any loss, damage or theft of property funded
under this Grant.
T. Publications.All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine,
journal, or trade paper, shall include the following statement: "This material is based upon work supported by the U.S. Department of c
Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as
necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Securit `c
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U. Acknowledaement of Federal Fundina from DHS. Sub-recipient shall comply with requirements to acknowledge use of Federal funding 2
when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs o
funded in whole or in part with Federal funds.
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V. Use of DHS. DPS. and DPS/THSSAA Seals and Non-Endorsement. Sub-recipient shall obtain DHS, DPS, or DPS/THSSAA's prior �
written approval before using any of these agencies'seal(s), logos, crests or reproductions of flags or likenesses of agency officials.
Funding of this Grant does not equate to endorsement of use of funding agencies'seals, logos, crests, etc., including use of the United Q
States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials.
W. Copyriaht. Sub-recipient shall comply with requirements regarding publications or other exercise of copyright for any work first
produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by LL
the Government(e.g., classified information or other information subject to national security or export control laws or regulations). For any p
scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in
academic,technical or professional journals, symposia proceedings, or similar works, Sub-recipient grants the Government a royalty-free, c
nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to c*4
authorize others to do so, for Government purposes in all such copyrighted works. Sub-recipient shall affix the applicable copyright notices
of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship(including award number)to any work first produced under
this Grant.
Further, Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1)the copyright in any work
developed under an award or sub-award; and (2)any rights of copyright to which a recipient or Sub-recipient purchases ownership with
Federal support. Sub-recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are d
purchased with this funding.
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X. Quarterly Performance Reports. Sub-recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or
FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th)calendar d
day after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by
DPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information
requests. Failure to timely complete a performance report will result in Sub-recipient being unable to request additional
reimbursements/advances and may affect future funding. p
Y. Site Visits. DHS and/or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits V
to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any
site visit is made by DHS on the premises of Sub-recipient or a contractor under this Grant, Sub-recipient shall provide and shall require its —
contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the
performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work.
Z. Limited Enalish Proficiency(Civil Riahts Act of 1964. Title VI). Sub-recipient shall comply with the Title VI of the Civil Rights Act of
1964(Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance
take reasonable steps to provide meaningful access to persons with limited English proficiency(LEP)to their programs and services.
Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and
written translation. In order to facilitate compliance with Title VI, Sub-recipient is encouraged to consider the need for language services for '-
LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons Z
with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients of federal financial assistance,
assisting such organizations and entities in understanding their language access obligations. DHS published the required guidance in April
2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination d
Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768(April 18, 2011). The Guidance provides helpful information such E
as how a recipient of federal financial assistance can determine the extent of its obligation to provide language services; selecting language
services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding
language access obligations, please refer to the DHS Recipient Guidance at Q
https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited
and additional resources on http://www.lel2.g
Protection of Human Subjects. Sub-recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, which
requires that Sub-recipients comply with applicable provisions/law for the protection of human subjects for purposes of research.
Sub-recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to
implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including
research, development,testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition
constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research
for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates
(Subpart B); prisoners(Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law
and is not directly regulated by 45 C.F.R. Part 46.
Packet Pg.72
Page 7 OF 18
BB. National Flood Insurance Act of 1968. Sub-recipient shall comply with the requirements of Section 1306(c)of the National FI g,6,a
Insurance Act, as amended,which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relo
a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State
or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63.
CC. USA Patriot Act of 2001. Sub-recipient shall comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Among
other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that
is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions
on access to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological
agent or toxin that is listed as a select agent.
DD. Fly America Act of 1974. Sub-recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel
supported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding
certificates under 49 U.S.C. §41102)for international air transportation of people and property to the extent that such service is available, in c
accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C. §40118)and the interpretive
guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision ;O
13138942. LO
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EE. Activities Conducted Abroad. Sub-recipient shall comply with the requirements that project activities carried on outside the United o
States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
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FF. Traffickina Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of the
government-wide award term which implements Section 106(g)of the Trafficking Victims Protection Act(TVPA)of 2000, as amended (22 Q
U.S.C. §7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register,
Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is Q
provided to a private entity, Section 106(g)of the TVPA, as amended, requires the agency to include a condition that authorizes the agency
to terminate the award, without penalty, if the recipient or a sub-recipient: (a)engages in severe forms of trafficking in persons during the LL
period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or(c) uses p
forced labor in the performance of the award or subawards under the award.
DPS/THSSAA is authorized to terminate this Grant,without penalty, if the above condition is violated. Sub-recipient shall include this N
condition in any subawards or contracts it makes as a result of this Grant.Full text of the award term is provided at 2 C.F.R. §175.15.
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GG. Americans with Disabilities Act of 1990. Sub-recipient shall comply with the requirements of Titles I, II, and III of the Americans with
Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101-12213.
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HH. Public Dissemination of Sensitive Information. Sub-recipient shall notify DPS/THSSAA of any workshops, conferences, seminars or
other public venues at least one hundred (100)calendar days before presenting any potentially sensitive information regarding this project.
No sensitive information may be presented by Sub-recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and
prior written approval. N
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II. Security Concerns/Violations. Sub-recipient shall inform the THSSAA's Deputy Assistant Director in writing ithin two 2 calendar da
of Sub-recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information c
In the event that sensitive information is divulged in violation of Sub-recipient's security procedures, Sub-recipient shall immediately notify N
the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action.
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JJ. SAFECOM. Sub-recipient shall comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on >,
technical standards that ensure and enhance interoperable communications for awards under this Grant that provide emergency V
communication equipment and its related activities.
KK. Best Practices for Collection and Use of Personally Identifiable Information (PI I).Sub-recipients who collect Personally Identifiable
Information (PII)shall have a publically-available privacy policy that describes what PII it collects, how it uses the PII, whether it shares PII
with third parties, and how individuals may have their PII corrected where appropriate. Sub-recipients may also find as a useful resource the
DHS Privacy Impact Assessments: http://www.dhs.gov/xlibrary/assets/privacy/privacy pia guidance iune2010.pdf and
http://www.dhs.gov/xlibrary/assets/privacy/privacy pia template.pdf.
LL. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C.
§2225(a), Sub-recipient shall ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal
funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. 0
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MM. False Claims Act and Proaram Fraud Civil Remedies. Sub-recipient shall comply with the requirements of 31 U.S.C. §3729 which
sets forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. §3801-3812 which details the d
administrative remedies for false claims and statements made. E
NN. Duplication of Benefits. State, Local and Tribal Sub-recipients shall comply with 2 C.F.R. Part§225,Appendix A, Paragraph (C)(3)(c)
which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may Q
not be charged to other Federal awards to overcome fund deficiencies.
00. Debarment and Suspension. Sub-recipient shall comply with Executive Order 12549 and 12689,which provide protection against
waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
PP. Non-Supplantina Reguirement. Sub-recipient shall not replace(supplant)funds that have been budgeted for the same purpose
through non-Federal sources for programs that prohibit supplanting by law. Where federal statutes for a particular program prohibit
supplanting, Sub-recipient may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons
other than the receipt or expected receipt of Federal funds.
11. Other Requirements
A. During the performance period of this Grant, Sub-recipient, counties, cities, towns, and Indian tribes shall maintain a Packet Pg. 73
Page 8 OF 18
Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergenc g,6,a
Management(TDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participate
inter jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in Sub-recipient's
plan, Sub-recipient shall correct deficiencies within 60 calendar days of receiving notice of such deficiencies from TDEM.
B. Projects identified and approved in the DPS/THSSAA web-based grant management system must identify and relate to the goals and
objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub-recipient shall submit
project plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA(if required)for approval prior to expending
or requesting advances of any funds for this Grant. Sub-recipient shall enter appropriate project milestones into the DPS/THSSAA
web-based grants management system within 60 days after award or by the deadline established by DPS/THSSAA, whichever is sooner.
Sub-recipient shall report on project status and accomplishments(milestones and outputs/outcomes) in the format(s)and timeframes as
required by DPS/THSSAA.
C. During the performance period of this Grant, Sub-recipient shall:
1. Participate in a legally-adopted county and/or regional mutual aid agreement.
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2. Implement the National Incident Management System(NIMS) in a manner consistent with the NIMS Implementation Objectives Q
outlined by FEMA at hftl2://www.fema.gov/national-incident-management-system. ,n
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3. Be a registered user of the Texas Regional Response Network(TRRN)(or other response asset inventory management system
specified by DPS/THSSAA)and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers, o
equipment costing$5,000 or more, and specialized teams/response units equipped and/or trained using Grant funds(i.e., hazardous
material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make Grant
funded resources available to other jurisdictions through mutual aid hftp://www.fema.gov/emergency/nims/ResourceMngmnt.shtm#item3. L
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12. Monitoring y
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Sub-recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project Q
goals, objectives, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met. ?�
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DPS/THSSAA, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of 0
Sub-recipient's compliance with this Grant and of the adequacy and timeliness of Sub-recipient's performance pursuant to this Grant. After
each monitoring visit, DPS/THSSAA shall provide Sub-recipient with a written report of the monitor's findings. If the monitoring report notes N
deficiencies in Sub-recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of
such deficiencies by Sub-recipient. Failure by Sub-recipient to take action specified in the monitoring report may be cause for suspension ti
or termination of this Grant pursuant to the Suspension and/or Termination Section herein.
13. Audit
A. Audit of Federal and State Funds. Sub-recipient shall arrange for the performance of an annual financial and compliance audit of funds '
received and performances rendered under this Grant as required by the Single Audit Act(OMB Circular A—133; 44 C.F.R. 13.26). y
B. Sub-recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards N
(UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements.
C. Right to Audit. Sub-recipient shall give the United States Department of Homeland Security(DHS), the Comptroller General of the Unite(
States, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to conduct a financia N
or compliance audit of Grant funds received and performances rendered under this Grant. Sub-recipient shall permit DPS/THSSAA or its
authorized representative to audit Sub-recipient's records. Sub-recipient shall provide any documents, materials or information necessary to c
facilitate such audit.
D. Sub-recipient's Liability for Disallowed Costs. Sub-recipient understands and agrees that it shall be liable to DPS/THSSAA for any costs U
disallowed pursuant to any financial or compliance audit(s)of these funds. Sub-recipient further understands and agrees that w
reimbursement to DPS/THSSAA of such disallowed costs shall be paid by Sub-recipient from funds that were not provided or otherwise
made available to Sub-recipient pursuant to this Grant or any other federal contract. _
E. Sub-recipient's Facilitation of Audit. Sub-recipient shall take such action to facilitate the performance of such audit(s)conducted pursuant m
to this Section as DPS/THSSAA may require of Sub-recipient. Sub-recipient shall ensure that this clause concerning the authority to audit =
funds received indirectly by subcontractors through Sub-recipient and the requirement to cooperate is included in any subcontract it awards.
F. State Auditor's Clause. Sub-recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the
State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub-recipient further agrees to cooperate fully p
with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub-recipient shall Z
ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State }
Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access
to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub-recipient E
relating to this Grant.
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14. Retention and Accessibility of Records a
A. Retention of Records. Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds
pursuant to the applicable OMB Circular, 44 C.F.R. Section 13.42, UGMS§_.42, and this Grant. Sub-recipient shall retain these records
and any supporting documentation for a minimum of three(3)years from the later of the completion of this project's public objective,
submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3)years after any real estate
or equipment final disposition. The DHS or DPS/THSSAA may direct Sub-recipient to retain documents or to transfer certain records to
DHS custody when DHS determines that the records possess long term retention value.
B. Access to Records. Sub-recipient shall give the United States Department of Homeland Security,the Comptroller General of the United
States, the Texas State Auditor, DPS/THSSAA, or any of its duly authorized representatives, access to and the right to examine all books,
accounts, records, reports, files, other papers, things or property belonging to or in use by Sub-recipient pertaining to this Grant including
records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by
Sub-recipient. Sub-recipient shall maintain such records in an accessible location and provide citizens reasonable access
consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Packet Pg.74
Page 9 OF 18
B.6.a
C. Inclusion in Subcontracts. Sub-recipient shall include the substance of this in all subcontracts.
D. After Action Reporting. Sub-recipient shall complete, deliver to the appropriate source, and retain copies of all after-action reports and
certificates of completion for all training and exercises paid for by this Grant.
15. Legal Authority
A. Sianatory Authority. Sub-recipient assures and guarantees that Sub-recipient possesses the legal authority to enter into this Grant,
receive Grant funds and to perform the project Sub-recipient has obligated itself to perform pursuant to this Grant.
B. Authorized Representative. The person or persons signing and executing this Grant on Sub-recipient's behalf do warrant and guarantee
that he/she has been duly authorized by Sub-recipient to execute this Grant on Sub-recipient's behalf and to validly and legally bind
Sub-recipient to all terms and conditions and performance obligations.
C. Conflicts in Reauirements. If conflict exists between federal, state, or local requirements, Sub-recipient shall comply with the strictest °c
requirement. cfl
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16. Notice of Litigation and Claims
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Sub-recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative
agency, filed against Sub-recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub-recipient
shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub-recipient with respect to such action or
claim.
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17. No Liability for Employees and Officers
DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub-recipient, <
regardless of where the individual's actions or omissions occurred. LL
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18. Non-Waiver of Defaults
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Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not
constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. A
waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall
not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its
rights, as such rights, powers, privileges, and remedies are specifically preserved.
19. Changes and Amendments d
A. Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in N
writing, any subsequent request for funds indicates Sub-recipient's acceptance of the changes to this Grant. Any alteration, addition, or Q
deletion to this Grant by Sub-recipient is not valid.
B. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, c
shall be made through an executed Grant Adjustment Notice(GAN). N
C. Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve o
to establish, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or
FEMA in the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be binding V
upon Sub-recipient as if written in this Grant.
D. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in 2
federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall
become effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are
necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions,
Sub-recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate 0
Sub-recipient's acceptance of the changes to this Grant.
20. Headings c
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Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the
terms and conditions or be used to interpret or assist in the construction of this Grant. d
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21. Venue
Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. Q
22. Suspension
In the event Sub-recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Sub-recipient, suspend
this Grant, in whole or in part, withhold payments to Sub-recipient and prohibit Sub-recipient from incurring additional obligations of this
Grant's funds.
23. Termination
DPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if
DPS/THSSAA determines that Sub-recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of
the termination and include:
Packet Pg.75
Page 10 OF 18
1. The reason(s)for such termination;
2. The effective date of such termination; and
3. In the case of partial termination, the portion of this Grant to be terminated.
Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety.
24. Enforcement
If Sub-recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an
assurance, in a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following
actions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by Sub-recipient or more severe enforcement action by
DPS/THSSAA or DHS; °
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2. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; LO
3. Wholly or partially suspend or terminate this Grant for Sub-recipient's program; c
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4. Withhold further awards for the program; or
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5. Take other remedies that may be legally available. (9
In taking an enforcement action, DPS/THSSAA will provide Sub-recipient an opportunity for a hearing, appeal, or other administrative N
proceeding to which Sub-recipient is entitled under any statute or regulation applicable to the action involved.
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The costs of Sub-recipient resulting from obligations incurred by Sub-recipient during a suspension or after termination of this Grant are not
allowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other 0
Sub-recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred by Sub-recipient before the effective date of suspension or termination, N
are not in anticipation of it, and in the case of a termination, are non-cancellable; and
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2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the °
termination takes effects.
The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub-recipient from being subject
to"Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35.
25. Conflict of Interest =-
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No employee, officer or agent of Sub-recipient shall participate in the selection, or in the award or administration of a contract supported by
Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. d
26. Closing of this Grant N
A. DPS/THSSAA will close a sub-award after receiving Sub-recipient's final quarterly performance report indicating that all approved work c
has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and
reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub-recipient is owed U
additional funds, DPS/THSSAA will send the final payment automatically to Sub-recipient. If Sub-recipient did not use all the funds received w
DPS/THSSAA will issue a GAN to recover the unused funds. Sub-recipient will return the funds to the DPS/THSSAA within 30 calendar =
days of receiving the GAN. _
B. At the completion of Sub-recipient's performance period, DPS/THSSAA will de-obligate all uncommitted/unexpended funds.
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C. The closeout of this Grant does not affect: M
1. DHS or DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; M
2. Sub-recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; _
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3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and
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4. Any other provisions of this Grant that impose continuing obligations on Sub-recipient or that govern the rights and limitations of the d
parties to this Grant after the expiration or termination of this Grant. E
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Please fill in the appropriate information and certify by signing below that you have read, Q
understood, and agree to the terms of this Grant.
Print Name of Authorized Official Pt dbs Usf wM op
Title NbZpS
Sub-recipient Organization Q uZ pg Cps u l bj d i rTboe I J mT"t
Signature of Authorized Official Date Packet pg.76
Page 11 OF 18
EXHIBIT A
ASSURANCES- NON-CONSTRUCTION PROGRAMS See Standard Form 4248
As the duly authorized representative of Sub-recipient, I certify that Sub-recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability(including funds
sufficient to pay the non-Federal share of project cost)to ensure proper planning, management and completion of the project described in
this Grant.
2. Will give the Department of Homeland Security,the Department of Public Safety, the Comptroller General of the United States and, if
appropriate, the State,through any authorized representative, access to and the right to examine all records, books, papers, or documents
related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency
directives.
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3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of Qc
personal or organizational conflict of interest, or personal gain. LO
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. c
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5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C. §§4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of L
Personnel Administration (5 C.F.R. 900, Subpart F). (9
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Q
Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the Q
basis of sex; (c)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of ?�
handicaps; (d)the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of 0
age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L. 91-616), as d
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)§§523 and 527 of the Public Health Service Act of c
1912(42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of N
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; ti
(i)any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j)the
requirements of any other nondiscrimination statute(s)which may apply to the application.
7. Will comply, or has already complied,with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970(P.L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
8. Will comply, as applicable,with provisions of the Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328)which limit the political activities of Q
employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C. c
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for N
federally-assisted construction sub-agreements. ,-
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10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973
(P.L. 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the V
total cost of insurable construction and acquisition is$10,000 or more. w
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality =
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive
Order(EO) 11514)which establishes national policy goals and procedures to protect and enhance the environment, including protection
against natural disasters. To comply with NEPA for DHS grant-supported activities, DHS-FEMA requires the environmental aspects to be 2
reviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to EO 11738; (c) protection of 2
wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of project
consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§1451
et seq.); (f)comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of c
and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the Z
chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe }
Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of
1973, as amended (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
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13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974(16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044(Directive)regarding the protection of human
subjects involved in research, development, and related activities supported by this Grant. "Research""means a systematic investigation,
including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for
additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners(Subpart C); and children
(Subpart D). See also state and local law for research using autopsy materials.
Packet Pg.77
Page 12 OF 18
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.)which requir
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commerc
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principles Regarding the Care and Use of Animals
16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based
paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996
and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies
governing this Grant.
Please fill in the appropriate information and sign to certify this Exhibit A.
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Page 13 OF 18
EXHIBIT B
ASSURANCES-CONSTRUCTION PROGRAMS See Standard Form 424D
As the duly authorized representative of Sub-recipient, I certify that Sub-recipient:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability(including funds
sufficient to pay the non-Federal share of project costs)to ensure proper planning, management and completion of project described in this
Grant.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if
appropriate, the State,the right to examine all records, books, papers, or documents related to this Grant and will establish a proper
accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without c
permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the W
title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant L
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction c
plans and specifications. w
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work L
conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by C9
the awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. j
7. Will establish safeguards to prohibit employees from using their positions for purpose that constitutes or resents the appearance of <
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8. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C. §§4728-4763)relating to prescribed standards of merit d
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of N
Personnel Administration (5 C.F.R. 900, Subpart F).
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9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based
paint in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Ad
of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education Amendments 0
of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex;
(c)Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794),which prohibits discrimination on the basis of handicaps; a;
(d)the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)the N
Drug Abuse Office and Treatment Act of 1972(P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f)the Q
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970(P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C.
§§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VI II of the Civil Rights c
Act of 1968(42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)any other N
nondiscrimination provisions in the specific statue(s)under which agreement for Federal assistance is being made; and (j)the requirements 4
of any other nondiscrimination statue(s)which may apply to the agreement. C
11. Will comply, or has already complied,with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property U
Acquisition Policies Act of 1970(P.L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for =
project purposes regardless of Federal participation in purchases. _
12. Will comply with the provisions of the Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328)which limit the political activities of employees
whose principal employment activities are funded in whole or in part with Federal funds.
2
13. Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327-333) regarding labor standards for
federally-assisted construction sub-agreements. c
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14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973(P.L. 93-234)
which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is$10,000 or more. 0
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190)as amended by 42 U.S.C. 4311 et seq. and Executive
Order(EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection Q
against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f)comply with the Clean
Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of
the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological
integrity of the nation's waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
Packet Pg.79
Page 14 OF 18
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
(16 U.S.C. §470), EO 11593(identification and protection of historic properties), and the Archaeological and Historic Preservation
1974(16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996
and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies
governing this Grant.
Please fill in the appropriate information and sign to certify this Exhibit B, if applicable.
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Page 15 OF 18
Exhibit C
Certifications
The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief.
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee
or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit c
Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions. c°��
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C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all
sub-awards at all tiers(including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements)and that all c
sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed w
when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction *i!
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not L
less than $10,000 and not more than$100,000 for each such failure. a
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants co
in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510(Federal Certification). The Sub-recipient certifies that it
and its principals and vendors: Q
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or LL
Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Sub-recipient can access debarment
information by going to www.sam.gov and the State Debarred Vendor List d
http://www.window.state.tx.us/procurement/pros/vendor performance/debarred. o
2. Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for C*4
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local) r`
transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with
commission of any of the offenses enumerated in paragraph (D)(2)of this certification;
4. Have not within a three-year period preceding this Grant had one or more public transactions(Federal, State, or local)terminated for +;
cause or default; or
5. Where Sub-recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. a;
(Federal Certification) N
E. Federal funds will be used to supplement existing funds, and will not replace (supplant)funds that have been appropriated for the same
purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons
other than the receipt or expected receipt of federal funds. c
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F. Sub-recipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and Sub-recipient will require such 4
compliance in any sub-grants or contract at the next tier. C
G. Sub-recipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.C. §701 et seq. —which requires Sub-recipient to U
publish a statement about its drug-free workplace program and give a copy of the statement to each employee(including consultants and
temporary personnel)who will be involved in award-supported activities at any site where these activities will be carried out. Also, places =
where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. Sub-recipient will =
notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional
information, see 44 C.F.R. Part 17. Sub-recipient shall comply with the requirements of the Drug-Free Workplace Act of 1988, which
requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace.
2
H. Sub-recipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidan
I. Sub-recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and Z
administrative requirements, policies and any other requirements governing this Grant. }
J. Sub-recipient understands that failure to comply with any of the above assurances may result in suspension,termination or reduction
of funds in this Grant.
Please fill in the appropriate information and sign to certify this Exhibit C. a
Print Name of Authorized Official PC dbS US Wj op
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Signature of Authorized Official Date
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Page 16 OF 18
EXHIBIT D
State of Texas Assurances
As the duly authorized representative of Sub-recipient, I certify that Sub-recipient:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub-recipient's
governing body or of the Sub-recipient's contractor shall vote or confirm the employment of any person related within the second degree of
affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ
or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a
period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing
body member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the Sub-recipient relative to a project will be available to the
public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by Ian c
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3. Shall comply with Texas Government Code, Chapter 551,which requires all regular, special, or called meetings of governmental ui
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bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
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4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support w
payments.
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5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub-recipient is C7
a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another N
health and human services agency or public safety or law enforcement agency. Q
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Q
Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law
Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub-recipient LL
is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 0
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application N
package become terms or conditions for receipt of grant funds.Administering state agencies and sub-recipients shall maintain an
appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section_.36 for ti
additional guidance on contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub-recipient shall also ensure that all
program personnel are properly trained and aware of this requirement. +3
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights S
Act of 1964(P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b)Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)Section Q
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the
Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public c
accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d)the Age Discrimination Act of 1974, as amended (42 U.S.C. N
§§6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L. 92-255), as 4
amended, relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention, C
Treatment, and Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to U
confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i)any other nondiscrimination provisions in the specific =
statute(s) under which application for Federal assistance is being made; and (j)the requirements of any other nondiscrimination statute(s) _
which may apply to this Grant.
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10. Shall comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for 2
federally assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.
91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally Z
assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal }
participation in purchases. r
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12. Shall comply with the provisions of the Hatch Political Activity Act(5 U.S.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole or in part with Federal funds.
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13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Q
Intergovernmental Personnel Act of 1970, as applicable.
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are
not listed on the Environmental Protection Agency's(EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA(EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law
93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
Packet Pg.82
Page 17 OF 18
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental g,6,a
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190)and Executive Order(EO) 11514; (b) notificat
violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in
accordance with EO 11988; (e)assurance of project consistency with the approved state management program developed under the
Coastal Zone Management Act of 1972(16 U.S.C. §§1451 et seq.); (f)conformity of federal actions to State (Clear Air) Implementation
Plans under Section 176(c)of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.>
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593(identification and protection of historic properties), and the Archaeological and Historic Preservation
Act of 1974(16 U.S.C. §§469a-1 et seq.).
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19. Shall comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.)which requires the Q
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or W
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government LO
Principles Regarding the Care and Use of Animals. L
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20. Shall comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based
paint in construction or rehabilitation of residential structures.
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21. Shall comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility 0
used for the provision of services for children. Q
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
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23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing LL
this program. p
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by c
any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in c�
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Consider awarding bid (RFB 14-030) to Excel 4 Construction for
sanitary sewer system rehabilitation (Phase II) in the amount of
$734,448.
Presenter: Jimmy Cates, Operations Manager
Summary:
This item is to award a bid to Excel 4 Construction for UT1307 "Sanitary Sewer System
Rehabilitation of Main Lines (Phase II)" project.
General Description:
The current approved utility capital projects budget includes funding for sanitary sewer
rehabilitation of mainlines in the south portion of the city, inside Northeast Loop 820.
Approximately 11,000 linear feet of sanitary sewer main lines will be improved with
Phase II.
The sanitary sewer lines identified for replacement with this project were evaluated as
part of the 2010 Sanitary Sewer Assessment project. The main lines are made of clay
the and have deteriorated to a point where pipe failures are occurring. The failures have
caused blockages and overflows. The project will improve segments of main lines by
using the latest technology such as pipe bursting or cured-in place lining of the pipe.
The construction methods used, should only create minor inconveniences to residents
in comparison to open trenching methods.
The total approved construction funding is $1,200,000 for UT1307. Bids were received
on September 2, 2014 and are as follows:
BIDDER TOTAL BID
Excel 4 Construction $ 734,448.00
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Barson Utilities $ 902,708.50
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Canary Construction $ 970,773.50
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Utilitex $ 983,284.00
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
CD Builders $1,503,105.06
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
National Power Rodding Corp. $1,989,152.05
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Mountain Cascade $2,069,603.00
..................................................................................................................................................................................................................................................................:....................................................................................................................................................................................................
Excel 4 Construction submitted the lowest most qualified bid in the amount of$734,448.
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NO&TH KICHLAND HILLS
The Company's references were verified by staff and comments received as follows:
➢ Town of Highland Park — Projects included the installation of sanitary sewer
mains by pipe bursting along with open cutting. Highland Park stated that Excel 4
takes pride in their work and they would not hesitate to use Excel 4 on future
projects.
➢ Town of River Oaks — Excel 4 recently completed several projects consisting of
pipe bursting sanitary sewer lines. The sizes of the pipe ranged from 6 to 8
inches. The projects were completed on time. The Town of River Oaks also uses
Excel 4 for emergency sanitary sewer repairs under an existing contract. River
Oaks is very pleased with their work on the projects.
➢ City of Bedford — Excel 4 recently completed an extensive pipe bursting project
for the city. Bedford stated that Excel 4 is very knowledgeable in their field and
would use them again for future projects.
The overall responses given by the references were favorable regarding Excel 4
Construction's past work. Staff also discussed the bid range differentials with Mr. Luis
Conchas of Excel 4 to determine if the bid is valid for this project. Mr. Conchas assured
the city that Excel 4 Construction would stand by their bid for the project. They are a
local contractor, with low overhead and a limited number of crews. Their crews have
over 20 years of experience in the utility construction and are trained to do both open
cut and pipe bursting.
Recommendation:
Award RFB 14-030 to Excel 4 Construction in the Amount of$734,448.
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: ZC 2014-14 Public Hearing and Consideration of a request from John
Newton for a Zoning Change from "AG" Agricultural to "R-2" Single-
Family Residential on 0.248 acres located at 8412 Franklin Ct.
Presenter: Clayton Comstock, Senior Planner
Summary:
John Newton is requesting approval of a zoning change from "AG" Agricultural to "R-2"
Single Family for a 0.248-acre property at 8412 Franklin Court just off Shady Grove
Road. The applicant is rezoning in anticipation of building a new home on the property.
General Description:
EXISTING SITE CONDITIONS / HISTORY: The lot is a platted lot within the Thomas
Peck Subdivision, which was actually platted into the City of Hurst and later annexed
into the City of North Richland Hills. Although all 19 lots on Franklin Court are platted,
17 lots have the non-conforming "AG" zoning designation. Franklin Court itself is a
street that is not yet built to current city standards and public water and sewer is not
readily available to most of the lots. For these reasons, the development of new homes
on Franklin Court has always been more difficult than other areas of the City.
In this case, Mr. Newton is aware that a 6-inch public water line will have to be installed
in Franklin Court right-of-way prior to issuance of a building permit. Building permit
approval would also be subject to Tarrant County's approval of a septic system, since
Mr. Newton is not proposing to extend city sewer to the property at this time.
Because this subdivision was platted prior to 1990, the home sizes on Franklin Court
can be a minimum of 1,800 square feet. Front-entry garages would also be permitted.
PLATTING STATUS: Lot 14, Thomas Peck Subdivision.
EXISTING ZONING: "AG" Agricultural.
COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential"
for this area. This change in zoning would be consistent with that category and the
surrounding uses.
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NO&TH KICHLAND HILLS
SURROUNDING ZONING / LAND USE:
North: AG Agricultural / Low Density Residential
South: AG Agricultural / Low Density Residential
East: AG Agricultural / Low Density Residential
West: AG Agricultural / Low Density Residential
Recommendation:
Approval of ZC 2014-14
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NORTH KICHLAND HILLS
ORDINANCE NO. 3334
ZONING CASE ZC 2014-14
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING A 0.248 ACRE
TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-2 (SINGLE
FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in the City at least 15 days before such
hearing; and,
WHEREAS, public hearings to zone the property herein described were held before
both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation concerning the zone change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of the citizens of the City of North
Richland Hills; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance
and the zoning map of the City of North Richland Hills are hereby
amended by rezoning a 0.248 acre tract of land known and described as
Lot 14, Block 1, Thomas Peck Addition, North Richland Hills, Tarrant
County, Texas, also known as 8412 Franklin Court, North Richland Hills,
Tarrant County, Texas, from AG (Agricultural) to R-2 (Single Family
Residential) zoning.
Section 2: Any person, firm or corporation violating any provision of the
Comprehensive Zoning Ordinance as amended hereby shall be deemed
guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Two Thousand Dollars ($2,000.00). Each day any
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NORTH KICHLAND HILLS
such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
Section 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 13th day of October, 2014.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Department Head
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THOMAS PECK ADDITION
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THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A.TTTLE COMMITMENT. }
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LOT 14, BLOCK 1, THOMAS PECK ADDITION TO THE CITY OF NORTH RICHLAND HILLS,
TARRANT COOUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-47,
PAGE 441, PLAT RECORDS, TARRANT COUNTY, TEXAS
LEGEND- JLH LOYD BRANSOM SURVEYORS INC.
O IRON PIPE qE OF TF CHARLES B. HOOKS, JR.
o BOIS O'ARC STAKE �P a's.E? REGISTERED PROFESSIONAL LAND SURVEYOR
❑ CONCRETE MONUMENT 1028 NORTH SYLVANIA AVENUE
—x—x— FENCE CHARLES B.HOOKS JTL '
—e-01— POWER LINE ; 3946 " FT. WORTH, TEXAS 76111 E
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ASPFIALT PAVING
14-591 DATE: 07-28-14
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Consider Interlocal Agreement Between Tarrant County and the City for
Road Construction on several streets as identified in the street
preventative maintenance program and capital improvement projects
budget.
Presenter: Jimmy Cates, Operations Manager
Summary:
The City Council is being asked to allow the City Manager to execute an Interlocal
Agreement between Tarrant County and the City for road construction work on College
Circle, Harwood Drive, Deaver Drive and Eden Road. Tarrant County will be assisting
the city with the road work.
General Description:
During the past several years the Tarrant County has helped the city with various street
construction projects. City staff has identified several potential streets where Tarrant
County could provide some assistance. The specific streets are described below.
Deaver Drive and Eden Road are part of the approved 2014 Preventive Street
Maintenance Program. These two streets are planned for a 2" asphalt overlay.
College Circle is a street approved in the 2014/2015 Fiscal Year Budget. This project
will consist of reconstructing College Circle with a new asphalt street. All of the
deteriorated curb and gutter will be replaced with new concrete curb and gutter.
Recently the city was notified by the County that the City of Hurst is having them overlay
a portion of Harwood Drive near the North Richland Hills city limits. Since the portion of
Harwood Drive in the City of Hurst is in similar condition to the portion in North Richland
Hills, the County is offering to overlay it at the same time they are doing the Hurst
portion. Staff will be recommending that this section of Harwood be include in the as
part of the 2015 Preventive Street Maintenance Program and therefore it is included in
the agreement.
The terms and condition of the agreement are attached; basically the city will pay for
materials, trucking charges and one half of the fuel used by the County for the subgrade
stabilization of the roadway.
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Once the agreement is executed staff will coordinate the county to schedule the work.
At this time it appears that all the road work will be completed sometime in 2015.
Recommendation:
To Authorize the City Manager to Execute an Interlocal Agreement Between Tarrant
County and the City for Road Construction on Several Roads.
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THE STATE OF TEXAS c
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INTERLOCAL AGREEMENT
COUNTY OF TARRANT L
BACKGROUND v
This Interlocal Agreement is between County of Tarrant ("COUNTY'), and
the City of North Richland Hills ("CITY'); w
Sections 791.001 — 791.029 of the Texas Government Code provide legal
authority for this Agreement;
During the performance of the governmental functions and the payment
for the performance of those governmental functions the parties will make the
performance and payment from current revenues legally available to that party;
and
The Commissioners Court of the COUNTY and the City Council of the
CITY each find:
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a. This Agreement serves the common interest of both parties; 4)
b. This Agreement will benefit the public; E
C. The division of costs fairly compensates both parties to this 2
Agreement; and a
d. The CITY and COUNTY have authorized their representative to c
sign this Agreement. L
The Parties therefore agree as follows:
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TERMS AND CONDITIONS
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1. COUNTY RESPONSIBILITY Z,
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COUNTY will furnish the labor and equipment for the following project:
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College Circle from 240 ft North of Abbot Avenue to Terry Drive. COUNTY L
will lime stabilize subgrade exposed by the CITY. The COUNTY will place 6 a
inches of TY B HMAC Binder and 2 Inches of TY D HMAC surface on
stabilized subgrade. c
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Eden Road from 7224 Eden Road to Rumfield Road. COUNTY will lime E�
stabilize subgrade exposed by the CITY.
Deaver Drive from Price Drive to College Circle. COUNTY will lime
stabilize subgrade exposed by the CITY.
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Harwood Road from North Richland Hills / Hurst City Limits (West of c
Campus Drive) to SH 26: The COUNTY will place a 2 inch HMAC surface on c
the street prepared by the CITY.
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2. CITY RESPONSIBILITY v
2.1 The CITY will pay for the actual cost of the materials, including any
delivery or freight cost. The CITY will provide a purchase order and w
will be billed directly by the material supplier. The COUNTY may
accumulate and bill the CITY for incidental material cost.
2.2 The CITY will pay for one-half of the fuel used to construct these
projects. The COUNTY will invoice the CITY for the fuel consumed
at the conclusion of each project.
2.3 The CITY will be responsible for all traffic control required to
construct these projects. This responsibility includes all advance
notices, signage, barricades and flagmen necessary to control
traffic in and around the construction site. ~
2.4 The CITY will be responsible to complete any roadway preparation 3
prior to the COUNTY beginning work. This shall include any base
repairs, asphalt milling or other work necessary to prepare the m
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roadway. 0
2.5 The CITY will adjust all utilities, manholes and valve boxes for these E
projects. 2
2.6 The CITY will provide the COUNTY with a hydrant meter and all the a
water necessary for construction of these projects at no cost to the c
COUNTY. L
2.7 The CITY will provide or pay for any engineering, survey, and
laboratory testing required for these is projects
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2.8 The CITY will furnish a site for dumping all spoils and waste
materials generated during construction of these is projects.
2.9 If required, the CITY will be responsible for the design and
development of a Storm Water Pollution Plan (SWPPP). The CITY Z,
further agrees to pay for all cost (including sub-contractor materials,
labor and equipment) associated with the implementation of the
plan. The COUNTY will be responsible for maintenance of the plan E
during the duration of the project. Documentation and record L
keeping of the SWPPP will be the responsibility of the CITY. a
3. PROCEDURES DURING PROJECT c
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COUNTY retains the right to inspect and reject all materials provided for this E�
project.
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If the CITY has a complaint regarding the construction of the project, the CITY
must submit in writing to the COUNTY within 30 days of project completion.
Upon expiration of 30 days after project completion, the CITY becomes
responsible for maintenance of the project.
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4. NO WAIVER OF IMMUNITY c
This agreement does not waive COUNTY rights under a legal theory of sovereign
immunity. This agreement does not waive CITY rights under a legal theory of
sovereign immunity.
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5. OPTIONAL SERVICES _
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5.1 If requested by CITY, the COUNTY may apply permanent striping
at an additional cost.
6. TIME PERIOD FOR COMPLETION
CITY will give the COUNTY notice to proceed at the appropriate time. However,
COUNTY is under no duty to commence construction at any particular time.
7. THIRD PARTY
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The parties do not enter into this contract to protect any specific third party. The 4)
intent of this contract excludes the idea of a suit by a third party beneficiary. The E
parties to this agreement do not consent to the waiver of sovereign immunity
under Texas law to the extent any party may have immunity under Texas law. a
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8. JOINT VENTURE & AGENCY
The relationship between the parties to this contract does not create a co
partnership or joint venture between the parties. This agreement does not
appoint any party as agent for the other party. _
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This agreement becomes effective when signed by the last party whose signing
makes the agreement fully executed. L
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CITY OF NORTH RICHLAND HILLS COUNTY OF
TARRANT �°
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Mark Hindman, City Manager B. Glen Whitley, County Judge
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Mike Curtis, P.E., Managing Director Gary Fickes, Commissioner Pct 3
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APPROVED AS TO FORM APPROVED AS TO FORM
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By law, the District Attorney's Office may only advise or approve contracts or legal �I
documents on behalf of its clients. It may not advise or approve a contract or legal r,
document on behalf of other parties. Our review of this document was conducted solely o
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). E
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The City of North Rchland Hills hereby not ifiesthe County that the County may
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Deaver Drive from Price Drive to College Circle.
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Harwood Road from North Richland Hills / Hurst City Limits (West of Campus
Drive) to SH 26:
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CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Approve Appointment to Place 4 on the Substandard Building Board.
Presenter: Alicia Richardson, City Secretary
Summary:
The City Council recommends appointments to the various boards, commissions, and
committees. Council is being asked to consider and take action on Council member
Barth's recommendation to fulfill a vacancy on the Substandard Building Board, Place 4.
The term for this appointment expires on June 30, 2016.
General Description:
The Substandard Building Board has a vacancy in Place 4. The City Council member
whose place coincides with the vacancy on the Board shall recommend a citizen of the
community to fulfill the remaining term. Council member Barth is recommending Mr.
Thomas Osen fulfill the vacancy created by Mr. Philip E. Orr's resignation. If appointed
Mr. Osen will serve the remaining term, which expires June 30, 2016.
Recommendation:
Consider the appointment of Mr. Thomas Osen to Place 4 on the Substandard Building
Board, term expiring June 20, 2016.
Packet Pg. 115
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NO&TH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: October 13, 2014
Subject: Announcements - Council Member Rodriguez
Presenter: Mary Peters, Public Information Officer
Summary:
At each Council meeting a member of the governing body announces upcoming events
in the City and recognizes an employee that exemplifies the City's core values.
General Description:
Announcements -
The City of North Richland Hills will mark the 10th anniversary of the Neighborhood
Initiative Program with a Fix It Blitz event on October 18th and 19th. During the blitz,
community volunteers will complete much needed yard and home maintenance projects
for low income elderly and disabled residents and single parents. For more information,
contact the Neighborhood Services Department at 817-427-6650.
This Saturday, October 18th, residents can get rid of unwanted bulky items during the
annual Fall Community Cleanup. Brush, furniture and other non-hazardous items can
be dropped off from 9 a.m. to noon at the Tarrant County College Northeast Campus.
Residents can also can bring up to five average-size file boxes of paper to be securely
shredded on-site and then recycled. For more details, visit the city's website or call the
Code Compliance Office at 817-427-6663.
Get a jump start on your holiday shopping at the annual NRH Senior Center Arts &
Crafts Fair. The fair will be held from 9:00 a.m. to 6:00 p.m. on October 22nd and 23rd
at the NRH Centre.
Kudos Korner -
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
David Smith, Mason Kennedy and Brian Guthrie of the Fire Department -An email
was received from a citizen expressing appreciation for David, Mason and Brian who
stopped to help her when her car stalled. After making sure her vehicle was safely out
of the intersection, they gave her a ride home, which as much appreciated. "They were
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NO&TH KICHLAND HILLS
so helpful in a stressful situation! I thought it was so awesome that our firefighters are
so willing to take the time to help the citizens of our City," she stated.
Recommendation:
N/A
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