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Home My WebLink AboutCC 2015-10-26 Agendas k4FItH NORTH KICHL.F,ND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TX 76180 MONDAY, OCTOBER 26, 2015 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss Items from Regular City Council Meeting 2. Discuss Regional Transportation Council Project Milestone Policy 3. Update on the new Lucas devices placed in service on North Richland Hills Fire Department ambulances. 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 - 1) SE Corner of Rufe Snow & Loop 820, 2) 6301 NE Loop 820, SW Corner Iron Horse and Browning, 3) 4131 Rufe Snow Drive, NW Corner Rufe Snow and Glenview, 4) 7901 Boulevard 26 and 5) SE Corner Davis & N. Tarrant Parkway 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 - MAYOR PRO TEM WHITSON Monday October 26, 2015 City Council Agenda Page 1 of 3 A.2 PLEDGE - MAYOR PRO TEM WHITSON A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) 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 B.1 Approve minutes of the October 12, 2015 regular City Council meeting. B.2 Approve payment to Motorola Solutions, Inc. for public safety radios and accessories in the amount of$92,944.10. B.3 Authorize purchase from Bound Tree Medical, LLC and/or Henry Schein, Inc. for consumable medical supplies in an amount not to exceed $108,280. B.4 Authorize payment to Motorola for annual public safety radio maintenance agreement in the amount of$265,955.28. B.5 Authorize city manager to execute a joint resolution with Tarrant County for 800 MHz radio maintenance services. B.6 Authorize the purchase from Morpho Trust USA, Inc. for two grant-funded Livescan electronic fingerprinting systems in the amount of$52,488. C. PUBLIC HEARINGS D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS F.1 Consider approval of an Interlocal Cooperation Agreement with North Central Texas Council of Governments for the operation of commuter rail service for FY2014-2016 and to approve payment in the amount of $98,679 for the City's FY2015 THE operation contribution. F.2 Approval of New Committee Members to the Youth Advisory Committee G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER WRIGHT OUJESKY H.1 Announcements. I. ADJOURNMENT Monday October 26, 2015 City Council Agenda Page 2 of 3 Y 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 23, 2015 at 3:00 PM. 'on� % 411tc .. A .._ I 1 k r ---z A.sist.nt City SecrKy. •`y ov i i i ry i/H l l o n-- This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. REMOVED FROM POSTING BOARD Date: I By: Monday October 26, 2015 City Council Agenda Page 3 of 3 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Discuss Items from Regular City Council Meeting Presenter: Alicia Richardson, City Secretary 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. Packet Pg.4 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Discuss Regional Transportation Council Project Milestone Policy Presenter: Mike Curtis, Managing Director Summary: The Regional Transportation Council (RTC) recently implemented a Project Milestone Policy. The policy is intended to review projects where funding was approved ten (10) or more years ago, and construction has not started and to have the city/agency reconfirm if any project that meets this criteria is still a priority. Three city projects meet this condition and need to be reconfirmed as a priority for the city. General Description: In June 2015, the Regional Transportation Council (RTC) implemented a Project Milestone Policy. The policy is intended to review projects where funding was approved ten (10) or more years ago, and construction has not started. The intent of this policy is to have the city/agency reconfirm if any project that meets this criteria is still a priority. The Council of Governments (COG) Staff identified three projects within the City of North Richland Hills where grant funding was approved 10 or more years ago, and construction has not started. The three projects are listed below: Project Estimated Letting Date 1. Rufe Snow Drive/Mid Cities to Hightower November 2015 2. Davis Boulevard/Mid-Cities Intersection June 2016 3. Park and Ride Not Established The Rufe Snow Drive and Davis Intersection Projects have set construction letting dates. The letting date for the Rufe Snow Drive Project is next month (November); however, the Park and Ride Project has been unable to move forward. Council may recall that this project was initially planned to be constructed on Texas Department of Transportation (TxDOT) right-of-way underneath the Davis Fly-over at Boulevard 26 and Bedford-Euless Road. Soon after the city was awarded the grant for this project, TxDOT began using this area as a permanent material storage site. City staff spent several unsuccessful years meeting with TxDOT to see if TxDOT could find alternative sites for material storage. A few years later the North Tarrant Express Mobility Partners (NTEMP) began working on the North Tarrant Express (NTE) project, and more of the right-of-way was used for NTEMP's seasonal material storage site. Now, after the Packet Pg.6 D r4 NO&TH KICHLAND HILLS completion of the NTE project and both entities uses, the original location has become impractical for a Park and Ride lot. Staff began looking at other locations for a Park and Ride site and the possibilities of constructing the lot on private property in conjunction with a private development. However, due to the new park and ride lot needing to meet TxDOT's design criteria and the project needing to go through the lengthy review process, it was not financially feasible. Now the city is faced with the decision whether or not to construct this Park and Ride Lot. The $300,000.00 grant was based on the estimate that was established in 2001. Inflation has impacted the construction cost; additionally, TxDOT's current design criteria requires bus lanes and lighting which were not part of the original cost estimate established in 2001. The city's share was initially expected to be $60,000, currently the city's cost could be $300,000 to $400,000 which would include the cost of the land. Staff will provide a short update on the three projects; staff will be asking Council to consider not moving forward with the Park and Ride Lot. Packet Pg.6 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Update on the new Lucas devices placed in service on North Richland Hills Fire Department ambulances. Presenter: Stan Tinney, Fire Chief Summary: Chief Tinney will be providing the City Council with a briefing on a new piece of life safety equipment currently in use by North Richland Hills Fire Department ambulances called a Lucas device. General Description: The fire department recently added a new device to the three ambulances that will aid patients in cardiac arrest. This technology has been around for several years (commonly referred to in the past as a "Thumper") and has continually evolved into today's version which is proving to be very effective. This device is strapped around the patient's chest and performs compressions in order to maintain blood flow to the body. This greatly improves the effectiveness of the compressions but also allows an additional member of the team to support the patient treatment in another way during transport. Even though this equipment has only been in service a short time we have already had success with the treatment. Packet Pg.7 D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Section 551.072: Deliberate the purchase, exchange, lease or value of real property - 1) SE Corner of Rufe Snow & Loop 820, 2) 6301 NE Loop 820, SW Corner Iron Horse and Browning, 3) 4131 Rufe Snow Drive, NW Corner Rufe Snow and Glenview, 4) 7901 Boulevard 26 and 5) SE Corner Davis & N. Tarrant Parkway Presenter: Craig Hulse, Director of Economic Development Packet Pg.8 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Approve minutes of the October 12, 2015 regular 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: Approve minutes of the October 12, 2015 regular City Council meeting. Packet Pg.9 B.1.a 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 OCTOBER 12, 2015 S WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the ; 12t" day of October 2015 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. U L Present: Oscar Trevino Mayor David Whitson Mayor Pro Tern (present at 6:10 p.m.) Tito Rodriguez Council, Place 1 LO Rita Wright Oujesky Council, Place 2 N Tom Lombard Council, Place 3 N Tim Barth Council, Place 4 (present at 6:14 p.m.) Z Tim Welch Council, Place 7 c Absent: Scott Turnage Council, Place 6 4- 0 d Staff Members: Mark Hindman City Manager Paulette Hartman Assistant City Manager Karen Bostic Assistant City Manager Mike Curtis Managing Director Q Vickie Loftice Managing Director a Jimmy Perdue Director of Public Safety George Staples City Attorney Monica Solko Assistant City Secretary Stan Tinney Fire Chief Kent Austin Director of Finance Craig Hulse Director of Economic Development Mark Mills Director of Budget and Research Bill Thornton Assistant Parks Director Mary Peters Public Information Officer Caroline Waggoner City Engineer Clayton Comstock Planning Manager N Frank Perez NRH2O General Manager o Scott Kendall Purchasing Manager Clayton Husband Principal Planner N Kristin James Assistant to the City Manager Marrk Collier Management Assistant Q October 12, 2015 City Council Meeting Minutes Page 1 of 8 Packet Pg. 10 B.t.a Call to Order Mayor Trevino called the meeting to order at 5:31 p.m. 1. Discuss items from Regular City Council meeting. S >_ Council had no questions for staff. — 2. Discuss street furniture themes for Iron Horse & Smithfield Transit Oriented ° U Development (TOD) Districts. _ U L Planning Manager Clayton Comstock reviewed the proposed street furniture themes for Iron Horse and Smithfield Transit Oriented Development (TOD) Districts. Staff is L seeking Council's direction to move forward with standardizing design for benches, o trash receptacles, bike racks and street lights located in TOD Districts. Mr. Comstock N commented that staff is leaning toward more contemporary style for Iron Horse and L historical and traditional style for Smithfield. If Council concurs, staff will bring forward an item to adopt an ordinance amending Section 118-567 of the Zoning Ordinance. Mr. Comstock informed Council the proposed ordinance would be placed on a future o w agenda following review and discussion by the Planning and Zoning Commission. ° U) Council had no questions for staff and the consensus was to move forward with the proposed ordinance. E 3. Discuss and receive update on new City Hall. o CL CL Director of Public Safety Jimmy Perdue informed Council he is coming before Council to a notify them of a change order to the contract for construction of the new City Hall. ti • $133,677 - comprised of five items with the majority of the funds ($107,000) pertaining to the movement of HVAC equipment that did not fit within the plenum space of the building. S Mr. Perdue informed Council the plan includes moving people in around the Christmas holiday. He further commented that it will be at least 60 days to complete the entire c phase to move employees to the new building. He anticipates everyone being relocated U to the new building by February 28, 2016. U Council had no questions for staff. 0 EXECUTIVE SESSION 0 N Mayor Trevino announced at 6:11 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section >_ 551.072: Deliberate the purchase, exchange, lease or value of real property - 1) SE Corner of Rufe Snow & Loop 820, 2) 8358 Davis Blvd, SE Corner of Davis Blvd and N. a Tarrant Pkwy, 3) 7901 Boulevard 26 and 4) 4131 Rufe Snow Drive, NW Corner Rufe Snow and Glenview. Executive Session began at 6:12 p.m. and concluded at 6:40 p.m. October 12, 2015 City Council Meeting Minutes Page 2 of 8 Packet Pg. 11 B.1.a Mayor Trevino announced at 6:40 p.m. that Council would convene to the regular City Council meeting. REGULAR COUNCIL MEETING S >_ A. CALL TO ORDER — Mayor Trevino called the meeting to order October 12, 2015 at 7:00 p.m. U L ROLL CALL CU Present: Oscar Trevino Mayor LO David Whitson Mayor Pro Tern N Tito Rodriguez Council, Place 1 N Rita Wright Oujesky Council, Place 2 L Tom Lombard Council, Place 3 c Tim Barth Council, Place 4 0 Tim Welch Council, Place 7 c Absent: Scott Turnage Council, Place 6 E aD Staff Members: Mark Hindman City Manager o' Paulette Hartman Assistant City Manager Q Karen Bostic Assistant City Manager a Monica Solko Assistant City Secretary George Staples City Attorney A.1 INVOCATION Council member Rodriguez gave the invocation. A.2 PLEDGE 0 Council member Rodriguez led the pledge of allegiance to the United States and Texas 0 flags. 0 A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) 0 N AA CITIZENS PRESENTATION >_ A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA Q No items were removed from the consent agenda. October 12, 2015 City Council Meeting Minutes Page 3 of 8 Packet Pg. 12 B.t.a B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVE MINUTES OF THE SEPTEMBER 28, 2015 REGULAR CITY COUNCIL MEETING. B.2 APPROVAL OF AGREEMENT WITH ALCHEMY AT AMS FOR NRH2O FAMILY WATER PARK FOR AN AMOUNT EXCEEDING $50,000. c U B.3 AWARD BID #15-027 TO NACC, INC., FOR NRH2O PARKING LOT IMPROVEMENTS IN THE AMOUNT OF $83,250 AND APPROPRIATELY REVISE THE BUDGET. COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM LO WHITSON SECONDED THE MOTION. c N N MOTION TO APPROVE CARRIED 6-0. L d C. PUBLIC HEARINGS 0 w C.1 ZC 2015-21, ORDINANCE 3376, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM FIRST CHURCH OF CHRIST SCIENTIST FOR A ZONING CHANGE FROM R-2 - SINGLE FAMILY AND R-4-D — DUPLEX TO U S — SCHOOL, CHURCH, INSTITUTIONAL ON 0.8358 ACRES LOCATED AT 7318 NE LOOP 820. o' L APPROVED Q Q Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to present the item. Principal Planner Clayton Husband informed Council the purpose of the request is to rezone 0.8358 acres located at 7318 NE Loop 820 to U-school, church, institutional. S The existing church was constructed on the property in 1993. Due to the expansion of — 0 NE Loop 820, the church was required to remove their monument sign. The applicant ; has expressed a desire to incorporate an electronic message board with their proposed monument sign. The requested design is only allowed in U-school, church, institutional zoning. The Planning and Zoning Commission at their September 17, 2015 meeting recommended approval with a vote of 7-0. Staff recommends approval of ZC 2015-21. 0 Applicant representative Doug Ward, 6521 Tabor Street, presented his request and was o available to answer questions from Council. Mr. Ward informed Council the church is N seeking the "U" designation to erect an electronic sign. E Council had no questions for staff or the applicant. Q Mayor Trevino called on anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. October 12, 2015 City Council Meeting Minutes Page 4 of 8 Packet Pg. 13 B.t.a COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE ZC 2015-21, ORDINANCE NO. 3376. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. d E C.2 ZC 2015-17, ORDINANCE 3375, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SCOTT ZIMMERMAN & DAVID ZIMMERMAN FOR A ZONING CHANGE FROM AG — AGRICULTURAL TO R-2 — SINGLE FAMILY ON 1.227 ACRES LOCATED AT 7524 FRANKIE B STREET. APPROVED L Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to present the item. LO 0 Planning Manager Clayton Comstock presented item. The purpose of the request is N rezone two lots (1.227 acres) at 7524 Frankie B Street. Currently, a residence is L located on the lot facing Frankie B Street and a house is proposed for the lot fronting Buck Street. The proposed R-2 zoning is consistent with the Comprehensive Plan. The 2 Planning and Zoning Commission at their September 17, 2015 meeting recommended o w approval with a vote of 7-0. Staff recommends approval of request. U) In response to Council's question, Mr. Comstock advised that the two lots and the proposed zoning could allow for future subdivision of the lots for a maximum of four lots. E At which time, the extension of Buck Street pavement and utilities to Meadow would be required per city ordinance. Q CL Applicant David Zimmerman, 7524 Frankie B Street, presented request to Council and a was available to answer questions. Mr. Zimmerman clarified that he would extend the pavement to Buck Street to allow appropriate radius for the turnaround of a fire engine. He also clarified that he is aware of the requirement to extend Buck Street to Meadow if the lots are further divided into four lots. ; Mayor Trevino called on anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER WELCH MOVED TO APPROVE ZC 2015-17, ORDINANCE NO. 3375. v COUNCILMEMBER RODRIGUEZ SECONDED THE MOTION. U MOTION TO APPROVE CARRIED 6-0. 0 C.3 RP 2015-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROBERT BAXTER FOR A REPLAT OF THE NORTH HILLS ADDITION N ON 0.40 ACRES LOCATED AT 3992 DENTON HIGHWAY. APPROVED E Mayor Trevino opened the public hearing and called on Principal Planner Clayton a Husband to present the item. October 12, 2015 City Council Meeting Minutes Page 5 of 8 Packet Pg. 14 B.1.a Principal Planner Clayton Husband presented item. The nature of the request is to establish the property's boundary and sell the remainder of the lot. The Planning and Zoning Commission at their September 17, 2015 meeting, recommend approval with a vote of 7-0. Staff recommends approval of RP 2015-05. E Applicant Robert Baxter, 749 Silver Lake, Keller, Texas presented his request and was available to answer questions from Council. — Council had no questions for staff or the applicant. Mayor Trevino called on anyone wishing to speak on the item to come forward. There L being no one wishing to speak, Mayor Trevino closed the public hearing. 3 COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE RP 2015-05. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION. N N MOTION TO APPROVE CARRIED 6-0. L d 0 D. PLANNING AND DEVELOPMENT o w 0 There were no items for this category. E. PUBLIC WORKS There were no items for this category. 0 F. GENERAL ITEMS a ti F.1 APPROVE RESOLUTION NO. 2015-025, NOMINATING INDIVIDUALS AS CANDIDATES FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS. Director of Budget and Research Mark Mills presented item. The city received notification from Tarrant County that the terms for Board of Directors will expire c December 31, 2015. Each voting entity may nominate a candidate for each of the five positions on the Board. Following the nomination process, Tarrant County will ask entities to cast their votes for one or more of the candidates. The five candidates N receiving the highest votes will be elected and take office for a two year term beginning o January 1, 2016. 0 Council had no questions for staff. Mayor Trevino announced that he would entertain nominations. Q October 12, 2015 City Council Meeting Minutes Page 6 of 8 Packet Pg. 15 B.t.a COUNCIL MEMBER WELCH MADE A MOTION TO NOMINATE MARK WOOD AS CANDIDATE FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS. THERE BEING NO OTHER NOMINATIONS, MAYOR PRO TEM WHITSON SECONDED THE MOTION. _ di MOTION TO APPROVE CARRIED 6-0. d d E F.2 AWARD BID #15-023 TO J. C. COMMERCIAL, INC. FOR THE – CONSTRUCTION OF A NEW SLIDE TOWER COMPLEX AT NRH2O IN THE AMOUNT OF $2,577,777 AND TO APPROPRIATELY REVISE THE BUDGET. APPROVED _ U L Assistant Director of Parks and Recreation Bill Thornton presented item for Council. The request is to award the bid for the construction of a new slide tower at NRH2O to J.C. Commercial, Inc. The city received and opened three bids on September 29, 2015. LO The apparent lowest bidder—Schmoldt—withdrew their bid due to an error in their bid N preparation. The project will encompass the demolition of an existing wood slide tower N and construction of a new slide tower that will accommodate six slides. Mr. Thornton L informed Council that four slides will be constructed with this project. He further c commented that this project implements the first phase recommendation in the NRH2O o long range development plan. - Council had no questions for staff. E COUNCIL MEMBER LOMBARD MOVED TO AWARD BID #15-023 TO J. C. COMMERCIAL, INC. IN THE AMOUNT OF $2,577,777 FOR THE CONSTRUCTION OF A NEW SLIDE TOWER COMPLEX AT Q NRH20 AND TO APPROPRIATELY REVISE THE BUDGET. MAYOR PRO TEM WHITSON SECONDED C THE MOTION. ti MOTION TO APPROVE CARRIED 6-0. d G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK SESSION AGENDA Mayor Trevino announced that no action was necessary as the result of Executive Session. U N H. INFORMATION AND REPORTS o H.1 ANNOUNCEMENTS o N Council member Lombard made the following announcements. The Texas Chapter of the American Planning Association presented the North Richland Hills Planning & Development Department with the 2015 Certificate of a Achievement for Planning Excellence. This honor recognizes the professional planning standards demonstrated by city staff, as well as the support exhibited to the City Council October 12, 2015 City Council Meeting Minutes Page 7 of 8 Packet Pg. 16 B.1.a and Planning Commission. This is the third year in a row North Richland Hills has received this statewide recognition. It's no coincidence this award is presented in October, because it's National Community Planning Month. We'd like to extend our congratulations and thanks to the planning staff and members of the Planning & Zoning -- Commission. The NRH Senior Center is hosting an arts and crafts fair from 9:00 a.m. to 6:00 p.m. E this Wednesday and Thursday in the Grand Hall. There will be more than 40 vendors with a wide variety of crafts, ranging from jewelry to wood carving. Please contact the c Senior Center for more details. U The annual Fall Community Cleanup is this Saturday, October 17th. You can drop off CU unwanted bulky items between 9:00 a.m. and noon at the Tarrant County College Northeast Campus, by the tennis courts. There will also be paper shredding and L Goodwill Industries will be accepting donations. You can get complete details on our o website or by calling the Neighborhood Services Department. N N r Kudos Korner — Chad Vansteenberg, Dave Pendley, Clayton Husband and Clayton Comstock in the Planning & Development Department — A letter was received from o a business owner expressing his thanks to Chad, Dave, Clayton and Clayton for o working closely with him regarding the expansion of his business. They helped him to w overcome some challenges and were expedient with their correspondence. He's very proud to be a resident and business owner in NRH and appreciates the professionalism and guidance provided by our city staff. S E I. ADJOURNMENT > 0 L Q Mayor Trevino adjourned the meeting at 7:29 p.m. a ti Oscar Trevino, Mayor S ATTEST: 0 U Monica Solko, Assistant City Secretary N r O r X1'1 O N d E t V f� Q October 12, 2015 City Council Meeting Minutes Page 8 of 8 Packet Pg. 17 r4R ,II NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Approve payment to Motorola Solutions, Inc. for public safety radios and accessories in the amount of$92,944.10. Presenter: Billy Owens, Emergency Management Coordinator Summary: This item is to authorize payment to Motorola Solutions Inc. for radios and radio accessories in the amount of$92,844.10. General Description: The City of North Richland Hills Fire Department utilizes a cooperative purchasing contract through the Houston-Galveston Area Council to purchase radios and radio accessories from Motorola Solutions Inc. These items are used by Police and Fire Department personnel for daily operations. The FY 2015/2016 Adopted Budget includes sufficient funds for the purchase of these public safety radios and associated equipment. This purchase will be for Motorola APX6000 portable radios and their accessories for the Police Department. In addition to the radios this will include batteries, chargers, holsters, earpieces, and speaker mics. These radios will be replacing the outgoing Motorola XTS5000 portable radios which are currently being phased out from the manufacturer. Recommendation: Approve payment to Motorola Solutions, Inc. for public safety radios and accessories in the amount of$92,944.10. Packet Pg. 18 RvpLf!Ovn cfs; RV 1111447364 rOR L SOLUTION$ Fadod; 16!PDU!3126 Fgdo\&f!Up; 15!EFD!3126 CImUP; Vrgn bLf!Eft0ob0po; OPSUI !SDI IVBOE!I JVMF-!DJJZ!PG OPSUI !SDI IVBOE!I JVMF-!DJJZ!PG CP!CPY!93171: 8313!E.DL!GfFl FS!ES!O OPSUI !SDI IVBOE!I JVMF-!UY!87293 OPSUI !SDI IVBOE!I JVMF-!UY!87291 Voj Lf e!Tdxf t Voj Lf e!Tdxf t B LLf oO po; Tbrf t!Dpo bdu Obn f; q rm!P x f of Obn f; q rrtL f oof ez F n bj m cpx f otA os Ly/dpn F n bj m cl f oof ezA eg(dpn n/dpn Q pof; )928*!89: .9721 a DpoLsbddOvn cfs; I HBD Gsfjhi ULfsn t; CPC!EftgoWpo Cbzn foULfsn t; Ofd41!Evf d w ca co If RvboyLe Opn fodrbLvsf Eftds gypo Mtugsjdf Zpvs!gsjdf FyLfoefe!(sjdf 2 Z 3 2 34 1 :9VDGQ<7BO BCN7111!811(D11!NPEFM316 °/3-699/11 0/2-:52(11 0/55-754/11 d CP S UB CNF 2b 34 R917CN BEE;!BTUSP!E HJUBMDBJ 0/626111 0/x197/36 °i8-994/86 d PCFSBUJPO ti 2c 34 RB16211BB FOI ;TUE!X BSSBOUZ!BCCM.FT.OP r TGr 2d 34 RB12948BB BMJ;!NLIPO!,NCSFT!JGA8!3:11NB1 0/211/11 0/86/11 9/2-836/11 )OOU08149* d 2e 34 H::7BV BEE;!CSPHSBN N OH!PV\FS!CB6 0/211/11 0/86/11 0/2-836/11 , )PUBct 2f 34 1 49CU BEE;!TNBSU[POF!PCFSBL,PO 0/2.311/11 °x°11/11 0/31-811/11 d �L 2g 34 R472BS BEE;!C86!:711!CBVE!USVOLJOH °/x111/11 0/336/11 0/&286/11 C 2h 34 1 233CS BMJ;!2(b.!X BV\F!!8®11!HCT!TUVCCZ 0/35/11 0/29/11 0/525/11 (D )OBS76:6B V 3 34 000081490 CB UU!,N CS FT!K/L P O!JD78!4211 U 0/253111 0/224/71 °/-723/91 Q 4 34 CN N 05173B BTTZ-BDDFTTPSZ-N JDSPa POF-CW 0/218(11 0/96/71 1/2-:79/91 O T!STN!+ O 5 34 SM05:52B SFD!POKE!FBSOFDF 0/69/11 0/54/61 0/2-111/61 Q X OBBOTWDFU!WCF x 6 34 XCNb8191B DI S!,NOTVD!FYU!VTQDBmBMB 0/236111 °x°4/86 °/-267/36 d Q 7 2951 TV\D14TV\D1226E TVCTDSJCFS!CSPHSBNNJJH 0/011 0/011 %-951/11 LO r )Oprf t*CfihEbn n joh!g)d34!BCN7111!Cpabcrh!Sbej p ' c� O UpLbrtRvpLf!jo!VTE %3-955/21 c U 1 HBD!DPOUSBDU!CE>JDJOH!.!l HBD!DPOUSBDU;!SB16.26 } d >_ C P!Jt t of e!Lp!N pLpsprb!Tprmo pot!Jod/!n vt u ?Cf!b!vLbrfe!Qvsdi btf!Psefs!)C P*mpoLsbdLODpgdf!Lp!C3pdffe!po!Dpn gboz!Nfufs fbe/!!OpLf;!Qvs(di btf!Sfrvjtjopot!dboopdcf!bddfgLfe ?I bvf!b!CP!OVn cfsCDpoLEbddOvn cfs!' !EbLf Q ?Jef oqg:!AN pLpsprb!Tprmq pot!Jodi#!bt!d f!V\f oeps ?I bvf!Cbzn fodUfsn t!ps!DpoLsbddOvn cfs ?Cf!jttvfe!jo!u f!NfhbrtFrogLzo!Obn f ?Jodrvlef!b!gmiJp!Beesftt!xju !b!DpoLbddObn f!boe!Q pof!Ovn cfs ?Jodroef!b!Ti jq.Up!Beesftt!xjd !b!DpoLbddObn f!boe!Q pof!Ovn cfs Packet Pg. 19 B.2.a ?Jodrvef!bo!Vron bLf!Beesftt!)pore!jdejgsfodd bold f!Tijq.Up* ?Cf!HsfbLfs!d bo!psIFrvbrtop!d f!V\brmf!pdd f!Psefs ?Cf!jo!b!Opo.FejLbcrfi!C?psn bu ?Jefoyg:!Uby!Fyfn gypo!TLb vt!)x i sf!bqq#bcrff ?Jodroief!b!Tjhobwr !)bt!Sf r vjsf e* d ca L a 0 ca d w ca 2 CL ti 0 CL AD 0 d Q 0 0 0 w x CL Q LO 0 2 Z w O A r� U d >_ t v <a Q Packet Pg.20 B.3 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Authorize purchase from Bound Tree Medical, LLC and/or Henry Schein, Inc. for consumable medical supplies in an amount not to exceed $108,280. 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 $108,280. 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 to provide patient care on Fire and EMS calls. Supplies are replenished to the department monthly. The line item 001-9003-532.66-35 Specialty Supplies / Medical and First Aid was approved in the FY 2015-2016 budget in the amount of$108,280. Recommendation: Authorize Purchase over $50,000 but not exceeding $108,280 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. Packet Pg.21 B.4 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Authorize payment to Motorola for annual public safety radio maintenance agreement in the amount of$265,955.28. Presenter: Billy Owens, Emergency Management Coordinator Summary: The annual maintenance agreement for all Motorola Public Safety radios and related equipment is now due in the amount of$265,955.28. 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 27 years. The City of North Richland Hills pays the amount of the agreement in full and then is reimbursed $240,320.33 by the other entities for their share of the radio maintenance. The North Richland Hills portion of this contract is $25,634.95. An inter-local agreement is in place to facilitate payment for maintenance costs. 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. Recommendation: Authorize payment in the amount of $265,955.28, to Motorola for annual public safety radio maintenance agreement. Packet Pg.22 B.4.a I OrOR LA SOLUTIONS SERVICES AGREEMENT U_ Attn:National Service Support/4th tl Contract Number: S00001003088 1301 East Algonquin Road Contract Modifier: RN18-MAR-15 21:55:13 E (800)247-2346 y L Date: 10/06/2015 Q d Company Name: North Richland Hills, City Of Required P.O.: Yes Attn: Customer#: 1000720707 ; Billing Address: Po Box 820609 Bill to Tag#: 0010 S City, State, Zip: North Richland Hills,TX,76182 Contract Start Date: 10/01/2015 2 0 Customer Contact: Kirk Marcum Contract End Date: 09/30/2016 Phone: (817)427-6926 Anniversary Day: Sep 30th Payment Cycle: ANNUAL 0 PO#: TBD c 0 QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED ti EXT AMT * *** Recurring Services *r*** SVCO2SVC0030C SP - LOCAL REPAIR WITH ONSITE RESPONSE $22,162.94 $265,955.28 a� 2 SITE(S) Q co SPECIAL INSTRUCTIONS -ATTACH Subtotal - Recurring Services $22,162.94 $265,955.28 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Q Subtotal - One-Time Event d Services $ .00 $ .00 CO Total $22,162.94 $265,955.28 Taxes - - O Grand Total $22,162.94 $265,955.28 CO THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. N H Subcontractors) City State O DFW COMMUNICATIONS INC ARLINGTON TX Z I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms O and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. x ...�..� .._....... .............. .................___-_-_.._.............._..........._......-__-____........_................_....................__ � AUTHORIZED CUSTOMER SIGNATURE TITLE DATE _............... .............................. . ,._ CUSTOMER (P I NAME) z ................ _ .. _..__. ..._....._ ....... ................_.... .. _..... _. : ................ .. NI61fORO RE -NTATIVE(SIGNATURE) TITLE ATE d E ANTHONY PROFITA 815-762-5050 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Q Company Name: North Richland Hills, City Of Packet Pg.23 B.4.a Contract Number: SO0001003088 Contract Modifier: RN18-MAR-15 21:55:13 Contract Start Date: 10/01/2015 Contract End Date: 09/30/2016 LL d E d d L Q d V d .C� C O O L O CO C r r ti r d P Q CO tD r Q d CO LO r V 0 CO m CO C 0 CO Z 0 U 2 <a t v t O Z d >_ t v <a Q Packet Pg.24 B.4.a Service Terms and Conditions Motorola Solutions Inc.("Motorola") and the customer named in this Agreement("Customer") hereby agree as follows: U_ Section 1. APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) 0 maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. L Q Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 0 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. ca 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. o 0 Section 3.ACCEPTANCE 0 Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 0 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other r_ document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. y 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 0 prescribed by Motorola will be followed. co LO 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the p warranty for that additional equipment expires. m 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the co Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out 2 of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which 0 Motorola receives the written notice. y Z 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. w 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. 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. r_ 0 Z Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other 0 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 Q 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.25 B.4.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, d light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will E not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and L software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Q Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact(list of names and phone numbers)that will be available 2 twenty-four(24) hours per day, seven (7)days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. 0 L Section 8. PAYMENT c 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, profit, and franchise taxes of Motorola) by any governmental entity. d Section 9.WARRANTY a, 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, CO Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR Q IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR y PURPOSE. LO Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a O written and detailed notice of the default. The non-performing party will have thirty(30)days thereafter to provide a written m plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any co other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Z Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to O Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of V termination, Motorola will have no further obligation to provide Services. T x Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability,whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of 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, GOOD WILL, REVENUES, PROFITS OR C SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED z 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 E 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. Q Section 12. EXCLUSIVE TERMS AND CONDITIONS Packet Pg.26 B.4.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. U- 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 Q representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose,without Motorola's written permission or c as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. �a 0 L 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time c 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 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. 2M Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS U) Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications y Commission or any other federal, state, or local government agency and for complying with all rules and regulations cfl required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer Q in any governmental matters y 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 O subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of co Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law y Section 16. MATERIALS,TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose 0 of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in z Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. O This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises v by Motorola at any time without restriction. x Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed z 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. d 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. ig Q 17.5. Motorola may subcontract any of the work,but subcontracting will not relieve Motorola of its duties under this Agreement. Packet Pg.27 B.4.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 LL 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 0 written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to 0 benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable)following the Separation Event Q 0 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY(30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 0 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. o Revised Jan 1, 2010 ° 0 ti 0 r_ 2M Q co CL 0 co LO O co m co H O co z O U 2 <a t v tY t 0 z 0 E t v <a Q Packet Pg.28 B.4.a MMOROLA SOLUTIONS u- E Statement of Work L Q Prepared For cu cu 0 NORTH I I A D HILTS, CITY OF 0 O PO BOX 820609 Q co CL NORTH RI HL ANA HILLS, TX 761 0 m 0 Z 0 U 2 <a t v t O Z d E t v <a Q Packet Pg.29 B.4.a MOTOROLA SOLUTIONS LL Statement of Work E Definitions L 1.0 Definitions Q d 0 These defined terms might not apply to every Statement of Work. Capitalized terms below and not otherwise defined within r_ the Statement of Work,or in the Communications System Agreement or other applicable agreement (collectively,"Agreement")have the following meanings: 1.1. Box Unit Test: Unit is tested in a fixture that simulates the functions for which it was designed, engineered,or manufactured to insure that it meets manufacturer specifications. c 1.2. Case: Electronic tracking document for requests for service through the System Support Center. 1.3. Case Status: Identifier of the status of a Case from beginning to end. 1.4. Component(s): Motorola new or refurbished parts of equal quality. 1.5. Configuration Change Support: A change in a user-defined parameter,which may include a change in the placement o of a dispatch console talkgroup window. Fleet mapping is not included in Configuration Change Support. c 1.6. Connectivity: Establishment of remote access to the System via dial up or fixed dedicated links. 1.7. Continuously/Continuous: Seven(7)days per week,twenty-four(24)hours a day,including holidays. 1.8. Customer: The end-user Customer as identified in the Agreement. 1.9. Customer Support Plan: A document mutually developed by Motorola and the Customer that provides information about the Customer and the System and describes the specific processes by which Motorola will deliver and the Customer will receive the services described in this Statement of Work. a> 1.10.Elements: Those device types present on the Customer's System whose status may be communicated to the SSC. 1.11.Equipment: The equipment specified in the Equipment List as set forth in the Agreement, including any additions to the Equipment List during the Warranty Period. co 1.12.Enhanced System Support(ESS)Period: The 12 month period commencing at the start of the Warranty Period c� for Equipment and Software as defined by the Agreement. CL 1.13.Event: An alarm or informational notification received by Motorola through the Network Management tools. aa) 1.14.Feature:A Software functionality co 1.15.Federal Technical Center: A Motorola facility located in Lanham,Maryland,the purpose of which is to serve LO as Motorola's centralized location for radio repair for United States Federal Government Customers. 1.16.Firmware: Software in object code form that is implanted or embedded in hardware. p 1.17.FRU: Field Replaceable Unit,typically a board or module,contained within the Infrastructure. y 1.18. Infrastructure: The fixed Equipment excluding mobiles,portables,and accessories. m 1.19.Infrastructure Depot Operations(IDO): A Motorola facility,which serves as Motorola's centralized location CO for infrastructure repair. 1.20.Loaner: Infrastructure that is owned by Motorola and serves as a temporary replacement while the Customer's Infrastructure is being repaired. 0 1.21.Maintenance: The process for determining the cause of Equipment failure,removing,repairing,or replacing Components necessary to conform the Equipment with the manufacturer's specifications along with co system-specific specifications,delivering and reinstalling the Components„and placing the Equipment back V into operation. w 1.22.MCNS: Mission Critical Network Services 1.23. Motorola Software: Software whose copyright is owned by Motorola or its affiliated company 1.24.Non-Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company. is 1.25.Notification: The point in time when the Customer contacts Motorola and requests service. 1.26.Optional Feature:An additional Feature issued with a System Release that is available to Customer at additional cost. 2 1.27.Radio Support Center(RSC): A Motorola facility which serves as Motorola's centralized location for radio repair. 1.28.Response: The event when a technician, a remote systems technologist or a remote network specialist begins actively c to work on the technical issue,remotely or on-site,as determined by Motorola. Z 1.29.Restore/Restoration/Restoral: The effort required to bring Equipment to the level for which it was designed, engineered and adjusted for performance in accordance with the manufacturer's published specifications, 0 although such Equipment may not necessarily be malfunctioning. E 1.30. Servicer: A Motorola Authorized Service Station or Motorola Field Service personnel. 0 1.31. Severity Level: The degree of adverse impact of an issue or Event. Q is Packet Pg.30 B.4.a 1.32. Software: The software furnished with the System, including any Motorola Software and Non-Motorola Software. 1.33. Software License Agreement: The agreement or portion of an agreement pursuant to which Motorola licenses Software to Customer,including System Releases. u_ 1.34. Special Product Feature:A Feature that is specially developed for Customer and which contains a functionality that d is unique to Customer. E 1.35. Standard Business Day:Monday through Friday,8:30 a.m.to 4:30 p.m.,local time,excluding Motorola holidays. a) d 1.36. Standard Feature:A software functionality for components of Customer's System that is available to Customer in the standard software release Q 1.37. Start Date: Effective start date as listed on the Agreement. v 1.38. System: The communications system as defined in the Communications System Agreement or other applicable Agreement. aa) 1.39. System Acceptance:Unless otherwise defined in the Communications System Agreement,the date upon which Motorola has successfully completed all of the System Tests as described in the acceptance test plan. 1.40. System Support Center(SSC):A Motorola facility which serves as Motorola's centralized system support facility o to compliment the field support resources 1.41. System Release: One software version release on a particular platform. ASTRO 25 6.3 example is where 6 is the platform indicator and.3 is software version release indicator. M 1.42. System Test: Unit is tested in a Motorola manufactured system of similar type from which the unit was designed to test all functionality of the unit to insure that it meets manufacturer specifications. c 1.43. Systemic:A recurring Software or hardware defect that significantly affects the operation of the System. 1.44.Technical Support Operations(TSO):A centralized telephone support help desk that provides technical support for Motorola customers who have purchased products from Motorola(Networks&Enterprise)or who have a contract for technical support services. 1.45.Vendor:Any manufacturer(other than Motorola)or third party that services or repairs Infrastructure or subscriber equipment a) 1.46.Verification:Contacting the appropriate designated person to verify the System is operational(original problem a� resolved)and closing the Case. 1.47.Work-around:A change in the followed procedures or data supplied by Vendor to avoid error without co substantially impairing use of the Equipment. cfl 1.48.Work Flow:A step-by-step process including instruction or direction for routing,handling, and processing Q information at a given agency. a) co Definitions ' Approved by Motorola Contracts& Compliance 10-31-2006 O co m co H W O co Z O U 2 <a t v t O Z d >_ t v <a Q Packet Pg.31 B.4.a MOTOROLA LL Radio Paris and Service Group r+ United Staves/Canada Service Division-West 0 E These are the terms and conditions for the 2015-2016 contract and are substantially the L same terms and conditions as under the current 2014-2015 contract. Q a� NORTH RICHLAND HILLS RF CONSORTIUM MAINTENANCE AGREEMENT TERMS & FEATURES E CU 0 CU 1. Unlimited repair and check out of covered units. 0 L 2. Reprogramming of Subscriber Units (i.e. Mobiles, Portables & control Stations) is c based on the following criteria: (a.) Reprogramming is covered when radios are repaired, and the ti repair requires a unit to be programmed using an existing template. (b) One template change, per unit, per year is included. 0 2M U) 3. Preventive Maintenance check of each subscriber once per year will be scheduled with y the customer entity by DFW Communications. Any available firmware updates will be installed in the subscriber during the yearly PM. CL a> co 4. Any change in the budgetary figure for contracts needs to be communicated in writing LO to all users prior to Feb 28 of the year the new contract will begin. The Consortium's exclusive monthly price for basic subscriber coverage for contract period of 2014-2015 is p remaining at$5.88 per unit. y co m To the subscribers monthly per unit cost of$5.88 you will need to add the price shown below for the batteries you choose to cover under this agreement. (Basic pricing is per unit, per month and does not include portable batteries). O co (Example: $5.88 +NTN9815 $4.99 = $10.87 per unit per month) o NITS 2000 NTN 7143CR $2.10 CU NTN 7144 $2.10 0 0 XTS 1500 Z a� NTN 9815 $4.99 E NTN 9816 $4.28 NTN 9858 $5.33 Q Packet Pg.32 B.4.a NTN 9857 $7.17 U- XTS 2500 0 0 d L NTN 9815 $4.99 Q NTN 9816 $4.28 0 NTN 9858 $5.33 NTN 9857 $7.17 a NNTN 6263 $4.11 0 ca XTS 3000/3500/5000 0 L HNN 9031 $9.01 0 HNN 9032 $10.93 NNTN 4435 $10.58 NNTN 4436 $11.66 NNTN 4437 $12.24 NNTN 6034 $13.56 a, NTN 8297 $10.93 Q NTN 9862 $13.13 CO RNN 4006 $10.93 RNN 4007 $13.13 a) NTN 8294B $4.37 CO LO NTN 8297A $6.65 O CO CO 5. Prices are per unit/per month, and include parts and labor. Definition of covered or uncovered items is: CO (a.) Radio housing, antenna, single unit charger and internal components are W covered. O CO z O (b.) Remote speaker microphones may be added as on option by any member of v consortium for$3.15 per unit per month. 'x 6. Units that are physically abused, or water damaged will be covered up to $150.00 of the combined parts and labor costs necessary to repair. Additional costs will be billed directly from the local service provider at an exclusive to Consortium customer rate c of$105.00 per hour, plus parts. z 7. Maintenance Agreement covers the repair or replacement of one (1) antenna E and one (1) single unit charger per unit per year, if these items are found to be defective. Q Packet Pg.33 B.4.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 LL 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 0 part number is individually priced as explained above in line item 4. a L Battery Maintenance as part of this agreement is defined as replacement of defective 0 batteries that you have chosen to cover. The exchange will be one for one. Each r- covered defective battery brought in for replacement will be exchanged for a new a battery (same part number as the defective battery only). CU Batteries will only be replaced after analysis at the DFW depot determines they are bad or defective. Batteries will be deemed replaceable when they are found to perform at CU less than 80% capacity. 0 I- 9. All repairs will be performed 8:00 am to 4:30 PM,Monday through Friday, except 0 where noted otherwise (excludes weekends and holidays). ti 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. 11. Fire and Ambulance mobile radios can be serviced at customer location Monday - Q Friday 8:00 - 4:30 (excludes Dave Clark, SetCom, and/or other apparatus equipment). co All other mobiles must be serviced at one of three area Motorola Service Stations. CL a> 12. Installation and removal services to be addressed and quoted on an individual basis. y LO 13. Repair time of subscriber units (i.e. mobiles, portables, and control stations) shall not 0 exceed five (5) working days, without notification of any parts backordered and/or y co other delays. Radios no longer supported by Motorola, such as analog Spectra will be serviced locally based on parts availability. y 14. Motorola Customer Support Manager will be responsible for working with the customer's contract administrator, to track, update, and adjust equipment inventory as O co changes occur. z O U 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 (discount rates to be determined at each contract renewal). 17. Telephone consultation and support will be provided by DFW Communications at no z0 additional. a� E 18. Console Operator Positions are $183.75 per operator position. Q Packet Pg.34 B.4.a 19. Central Electronic Bank Equipment will receive full 24X7 coverage during the contract period. LL 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 Q to any of DFW Communications three (3) service locations. CU 21. Time &Material rates for non-contract items are as follows: a E Normal Business Hours: $105.00 per hour plus parts. There is a trip 2 charge of $85.00 for each call out. Hourly rate begins upon arrival at customer location. `U After t r•m Hours: $157.50 per hour plus parts, with a minimum charge of 4 c hours. There is no trip charge incurred. Hourly rate begins from point of c origin. ti 22. To clarify the repair on XTS submersible intrinsically safe radios, the seals on XTS submersible radios are guaranteed for one (1) year from date of purchase only. Seal failure will not be considered physical damage, unless there is apparent physical a, damage to the radio that caused the seal to fail. Q CO CL aD CO LO O CO m CO P W O CO z O U 2 <a t v t O z d E t v <a Q Packet Pg.35 B.4.a Z5 I III Pi l IIII tD U FZ c O Q E T � O 0 c L N Q M z co o E, o °_ ~ a L � QQ) o U) ° o � o O O .. T N T .y L Q air (D Cl) o CL f+ d Cl) O v O p m 'i Cl) 2 o z Z O > T v M o a� ° E Q Packet Pg.36 B.4.a i� r LL d d L Q d V d .C� C O O L O +C+ C r r ti v d y tD r Q d 1 LO r V O MN W CN C r O N Z O U 2 <a t v t O Z r_ d E v <a Q Packet Pg.37 B.4.a U- d d d L Q d V d .C� C O O L O CO C r ti v d Q tD r Q d 1 r V O MN W CN C r O Cl) Z O U 2 <a t v t O Z d E v <a Q Packet Pg.38 B.4.a U- d E d d L Q d V M O Ln O O 0 It U) LO LO m m f� w N m I� O Cfl I-- I- O LO m N r 0t 0 N �O - 0 N M O N N LO m O N f, I-. m f-, I, w o I� m 2 C) O O m Lo N i Ln Ln L1� Ln r Ln O (_A Cl) Cl) r r N r t N LO N K3 K3 K? 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(.0 (14 0) (.0 C-) C-) gar (14 0) 0) L0."',r L0."',r 6„�) a.) �'.°,. 11".- -t C°",b M 6„�r".D 6„�r".D yaw” yaw” yaw cam' yaw" 04 M U yaw CO 00 CO CO O CO CO O CO N G� CO 00 c'� G� N 00 r r N Lq Q� r 00 O r I-- r r 00 qtt Nqtt N O H O LO m ti 0 00 LO m 0 I� CO N Lf) Cl N r O Cl Lf) 00 a r r Cn 0 M LO 00 CO CO 00 r Q) ch ch r r N r N LO 1-- N CO O 60- 60- 60- 60- 60- 60- 60- 60- 60- 60- 60- fi} f� O H N 2 _ � O y y 2 t 0 U - r 2 U d o N E ! � d n m r- m m W `e 2 N U 0 Z H B.5 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Authorize city manager to execute a joint resolution with Tarrant County for 800 MHz radio maintenance services. Presenter: Billy Owens, Emergency Management Coordinator Summary: Tarrant County requires a Joint Resolution to participate with the ten other cities in the North Richland Hills Radio Maintenance Consortium. General Description: Tarrant County requires a resolution to pay the City of North Richland Hills the County's portion of the radio maintenance consortium agreement. This resolution allows Tarrant County to pay the City of North Richland Hills. This maintenance consortium allows the members to take advantage of much lower pricing for the Public Safety radio maintenance agreement with Motorola. This is an annual agreement and resolution. Recommendation: Authorize the City Manager to execute a joint resolution with Tarrant County for 800 MHz radio maintenance services. Packet Pg.44 B.5.a ............ i x: F- 0 IDJOU!SFTP WU.PO 0 BN FOEJOH!UI F!JDUFS!VPDBMBHSFFN FOU!CFUX FFO!UBSSBOU!DPVOUZ!BOE!UI F!DJUZ! PGOPSUI !SJDI M30EH JIVMF!DPODFSOOH!UI F!91VN I {!SBEJP!N BJOUFOBODF! 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L C C/!Hrfio!X i jutz !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! N bd !I joen bo 0 Dpvotz!Itehf Djtz!N bobhfs UbssbodDpvoLz DjLz!pd0psi !Sjdi rboe!I jrrin L W Bggsp4e!bt!rp!Gpsn ; Df`xjgdWpo!pgGioet!BvOftt c d Ej t LIddB upsof zit!P go df T/!Sf of f!Uj ex f rm S Dpvotz!B vej rps d E ca Q Packet Pg.45 B.6 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Authorize the purchase from Morpho Trust USA, Inc. for two grant- funded Livescan electronic fingerprinting systems in the amount of $52,488. Presenter: Mike Young, Assistant Police Chief Summary: Staff is requesting authorization to purchase two grant-funded Livescan electronic fingerprint systems from Morpho Trust USA, Inc. in the amount of $52,488.00. The Criminal Justice Division of the Texas Governor's Office has notified the Police Department that a maximum amount of $52,488.00 has been awarded to the City of North Richland Hills under the 2015 CJD Criminal Justice Programs Competitive Grant #29084-01. The grant funds have been authorized for the Department's purchase of two Livescan electronic fingerprint systems. General Description: In 2011, the City of North Richland Hills entered into a shared services cooperative agreement with the cities of Watauga, Haltom City and Richland Hills. Part of the cooperative agreement was for the City of North Richland Hills to handle all detention and jail responsibilities for all four cities. One of the major components of a detention facility is the ability to properly process and document incoming arrestees including the ability to capture fingerprint identification data for dissemination to the Texas Department of Public Safety's CJIS database. The Livescan fingerprint systems allow detention staff to electronically capture inmate fingerprints and automatically upload them into the DPS CJIS system when filing reports with the state. The goal of this project is to replace the current under functioning and outdated Livescan system with two new desktop mounted systems. The systems would be placed in the new detention facility to address the higher capacity of the facility, correlating higher booking numbers resulting from the shared services agreement. The Livescan fingerprint system will assist in the processing of over 6,400 persons processed through the detention facility annually. This is a 52% increase from the 4,200 persons processed annually before the shared services agreement was enacted. By having two Livescan systems in operation, the jail facility can effectively handle the initial 52% increase in arrests due to the shared services agreement and future expected increases resulting from the larger capacity of the new detention facility. The total of the grant award is $52,488, and there is no requirement for a cash match under the terms of this grant program. Morpho Trust USA, Inc. holds a Cooperative Packet Pg.46 B.6 r4 NO&TH KICHLAND HILLS Purchasing Contract (Co-Op) with the GSA Federal Acquisition Service [GS-35F- 0242R]. The grant funds are passed through the Criminal Justice Division of the Texas Governor's Office and will be dispersed on a competitive basis throughout the NCTCOG's 16-county region. Recommendation: Authorize the purchase from Morpho Trust USA, Inc for two Livescan electronic fingerprinting systems. in the amount of$52,488. 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Presenter: Mike Curtis, Managing Director Summary: Council is being asked to consider the approval of the Interlocal Cooperation Agreement between the North Central Texas Council of Government (NCTCOG) and the City of North Richland Hills for the operation of the Trinity Rail Express (TRE) commuter rail service. It is also time to pay the city's contribution for the FY2015 TRE Operational costs in the amount of$98,679.00. General Description: The Interlocal Cooperation Agreement that Council is being asked to consider is with the NCTCOG for the operation of the TRE. Since 2002, the NCTCOG has partnered with the cities of Arlington, Bedford, Colleyville, Euless, Grand Prairie, Haltom City, Hurst and North Richland Hills to support commuter rail on the TRE. Each of the cities is asked for an annual contribution to NCTCOG in lieu of making a direct payment to the transit agencies. The purpose of the agreement is to allow those cities that do not fund the TRE through sales tax to assist with ongoing operation and maintenance (O&M) costs. Each cities share of the O&M costs is based on a ridership survey that determined how many residents from each city rode the TRE. At the request of the cities, NCTCOG conducted a new license plate survey to determine whether adjustments were needed to the current funding contributions. Attachment 1 is the updated contributions for FY2014- 2016 for all cities based on the recent license plate survey. Based on the survey the North Richland Hills' contribution is being adjusted from $74,741 to $65,786. Since the licenses plate survey was not completed in time for the FY2014 invoice the NCTCOG held off sending out the invoices last year. The FY2014 will be split into two equal payments with one being made with the FY2015 invoice and the other half being made next year with the FY2016 invoice. The FY2015 Invoice = (1/2 of FY2014 + FY2015) = (1/2 * $65,786) + $65,786 = $32,893 + $65,786 = $98,679.00 Packet Pg.61 F.1 r4 NO&TH KICHLAND HILLS The Invoices for FY2014, FY2015 and FY2016 will be based on the new amount determined by the licenses plate survey. Recommendation: Approve the Interlocal Cooperation Agreement between the North Central Texas Council of Governments for the operation of commuter rail service for FY2014-2016 and to approve payment in the amount of$98,679 for the City's FY2015 THE contribution. Packet Pg.52 uoite.iedooD leoolaatul ano.iddV : 0ZLO 91,-9Z-01,-1, tuauauoettd tuauaaaa6d leoolaatul :tuauauoettd M r U- ATTACHMENT 1 a.. as v a ATTACHMENT ANNUAL COST SHARING ALLOCATION (FY2014-2016) FY2011-2013 FY2014-2016* DIFFERENCE Arlington $237,046 $202,841 -$34,205 Bedford $104,488 $90,456 -$14,032 Colleyville $12,935 $17,360 +4,425 Euless $106,675 $138,882 +32,207 Grand Prairie $69,764 $120,607 +50,843 Grapevine $50,567 $34,720 -$15,847 Haltom City $38,705 $31,979 -$6,726 Hurst $98,168 $90,456 -$7,712 North Richland Hills $74,741 $65,786 -$8,955 Total $793,089 $793,089 $0 *FY2014-2016 contribution amounts were adjusted based on an NCTCOG license plate survey conducted in September 2014. Interlocal Agreement Attachment 1 uoile.ied000 leoola91UI ano.iddV : OZL0 9V9Z-0C E 1u9uau3e11d 1uauaaaa6d leoola91ul :JuauauoeJJV ,e LL ATTACHMENT 3 a a� v , a INTERLOCAL COOPERATION AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF NORTH RICHLAND HILLS for OPERATION OF COMMUTER RAIL SERVICE FOR FY2014-2016 WHEREAS, the North Central Texas Council of Governments (NCTCOG) and the Regional Transportation Council (RTC) have actively worked to implement commuter rail service in the area and facilitate the contribution by cities that are not members of a Transportation Authority to the operational costs of commuter rail services; and, WHEREAS, the Regional Transportation Council Trinity Railway Express (TRE) Monitoring Subcommittee was appointed by the RTC to meet on an as-needed basis to monitor policy issues related to the TRE service and the collection of operating funds for the service; and, WHEREAS, it would be beneficial to the citizens of the City of North Richland Hills to have access to commuter rail service connecting the Cities of Dallas and Fort Worth with each other and with Dallas-Fort Worth International Airport to relieve traffic congestion, provide transportation opportunities, and aid in attaining federal air quality standards; and, WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, Dallas Areas Rapid Transit (hereinafter referred to as "DART") and the Fort Worth Transportation Authority (hereinafter referred to as "the T"), both metropolitan transportation authorities created and existing pursuant to Chapter 452 of the Texas Government Code (hereinafter referred to jointly as the "Transportation Authorities"), may exercise jointly the power to provide governmental services for the public health, safety, and welfare; and, WHEREAS, pursuant to Article 1182k, Texas Revised Civil Statutes, all railroad-related activities by public agencies, separately or jointly exercised, are public and governmental functions for the public purpose and necessity; and, WHEREAS, the Transportation Authorities have entered into an Interlocal Cooperation Agreement to define their respective rights and responsibilities regarding the provision of commuter rail service along the Trinity Railway Express Corridor and have begun commuter rail service as the Trinity Railway Express; and, WHEREAS, NCTCOG and the City of North Richland Hills have previously entered into agreements concerning the cost-sharing related to the Trinity Railway Express for Fiscal Years 2002 -2013, which have since expired; and WHEREAS, NCTCOG and the City of North Richland Hills now desire to enter into an agreement for Fiscal Years 2014-2016 to define their respective rights and responsibilities regarding cost sharing for the operation of the Trinity Railway Express; and Interlocal Agreement Page 1 of 8 uoije.ied000 leoola91UI ano.iddV : OZL0 9V9Z-0C E 1u9WLl3e11d 1uauaaaa6d leoola91ul :JuauauoeJJV LO LL' . d v , a NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: Article 1. DEFINITIONS: 1.1 "Commuter rail service" means operating passenger trains for commuters by, or under the control of, the Transportation Authorities. 1.2 "Capital improvement" means any addition to the asset base of either Transportation Authority (1) for the sole benefit of and utilization by the commuter rail service, or (2) representing the proportionate share of joint facilities benefiting, or utilized on behalf of, Commuter Rail Service. 1.3 "Maintenance of way" means the labor, material, tools, and equipment required to maintain all aspects of the railroad tracks, structures, signals, and communications in the THE Corridor. 1.4 "Boards" means the Board of Directors of DART and the T. 1.5 "Best efforts" means one party's use of all reasonable exertions to fulfill the obligations of that party under this Agreement. It does not mean an obligation to attempt to fulfill the obligations of any other party. 1.6 "Capital costs" means the costs to plan, engineer, design, purchase, and construct the facilities, equipment, and systems for the commuter rail service that may be depreciated in accordance with standards set by the Federal Accounting Standards Board. 1.7 "Operational costs" means any cost of operating the THE that is not a "capital cost." Article 2. ORGANIZATIONAL RELATIONSHIPS: 2.1. North Central Texas Council of Governments and Regional Transportation Council: The North Central Texas Council of Governments (hereinafter referred to as "NCTCOG") is the Metropolitan Planning Organization for the North Central Texas region including Dallas, Fort Worth, and the City of North Richland Hills. The North Central Texas Council of Governments is authorized by law to conduct coordinating and technical studies as may be required to guide the unified development of the area, eliminate duplication, and promote economy and efficiency through areawide planning. The Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation and is charged with the responsibility of preparing and maintaining the Metropolitan Interlocal Agreement Page 2 of 8 uoijeaad000 leoola91UI ano.iddV : OZL0 9V9Z-0C E 1u9uau3e11d 1uauaaaa6d leoola91ul :juauauoejjd W LL a d v , a Transportation Plan and Transportation Improvement Program for the Dallas-Fort Worth Metropolitan Area in accordance with applicable federal regulations. 2.2 Trinity Railway Express Monitoring Subcommittee: The Trinity Railway Express Monitoring Subcommittee (TREMS) was created by the RTC to monitor and advise on the provision of commuter rail services by TRE between the cities of Dallas and Fort Worth. 2.3 Trinity Railway Express Advisory Committee: DART and the T created the Trinity Railway Express Advisory Committee (TREAC) to assist the Boards on policy, budget issues, and service levels for TRE. A non-voting representative from the Trinity Railway Express Monitoring Subcommittee shall be nominated by the subcommittee and appointed by the Regional Transportation Council to the Trinity Railway Express Advisory Committee. Notice of all TRE Advisory Committee meetings, agendas, and copies of supporting materials shall be provided to the TRE Monitoring Subcommittee representative appointed by the RTC to the TRE Advisory Committee. 2.4 Companion Agreements: NCTCOG will enter into companion agreements with the cities identified in Attachment 1. NCTCOG will also enter into a companion agreement with the Fort Worth Transportation Authority and Dallas Area Rapid Transit as may be necessary to disburse the funds collected by NCTCOG from the cities listed in Attachment 1, including the City of North Richland Hills. Article 3. OPERATIONS AND MAINTENANCE: 3.1 Service Schedules: Service levels shall be determined by the Transportation Authorities. 3.2 Service Quality: The Transportation Authorities shall develop and establish the procedures to implement and ensure that the highest possible quality of service, consistent with the budget, is provided. 3.3 The City of North Richland Hills or TREMS may suggest or request changes or additions to the service schedules at any time, but such requests should be made during the formation of the annual TRE operating budget and should be addressed to the Director, TRE or brought to the TREAC by the representative appointed pursuant to paragraph 2.3 above. Interlocal Agreement Page 3 of 8 uoite.ied000 leoolaatul ano.iddV : OZL0 9V9Z-0C E 1u9WLl3e11d tuauaaaa6d leoolaatul :tuauauoettd ti LL' . d v , a Article 4. COST SHARING FOR CONTINUING OPERATIONS: 4.1 General: The parties recognize that the commuter rail service contemplated under this Agreement will create ongoing costs for operation of the service and maintenance of the assets used in its provision, as well as other recurring expenses. Such costs include compensation of Trinity Railway Express staff employed or contracted by the Transportation Authorities. 4.2 At the request of the contributing Cities, NCTCOG conducted a license plate survey to determine what adjustments, if any, should be made to the contribution amount of the individual Cities. The previous and adjusted contribution amount for each City is identified in Attachment 1. The aggregate contribution amount of all Cities remains at $793,089. 4.3 The parties agree that the City of North Richland Hills will contribute its share of the costs, as outlined in Attachment 1, for FY2014-2016, subject to any amendments hereto. Notwithstanding the foregoing, the parties herein also recognize that the continuation of any contract or agreement after the close of any given fiscal year shall be subject to North Richland Hills City Council approval. 4.4 The City of North Richland Hills will make an annual payment at the end of each fiscal year (September 30). One-half of the FY2014 contribution will be made at the end of FY2015 and the remaining one-half at the end of FY2016, or as otherwise mutually agreed by the Parties. Article 5. USE OF FUNDS: 5.1 The Parties agree that NCTCOG may use the funds, contributed by the cities as outlined in Attachment 1, to leverage federal funds available to the region to implement regional air quality projects and other RTC initiatives. Article 6. TERM AND TERMINATION: 6.1 Effective Date: The effective date of this Agreement shall be the date on which it is executed by the parties. Interlocal Agreement Page 4 of 8 uoiteaad000 leoolaatul ano.iddV : OZL0 9V9Z-0C E tuauauoettd tuauaaaa6d leoolaatul :tuauauoettd 00 LL a d v , a 6.2 Term: This agreement shall be in effect until September 30, 2016, and may be renewed by written agreement of the parties. 6.3 Mutual Termination: The parties may terminate this Agreement by mutual agreement at any time. 6.4 New Transportation Authority: In the event any city identified on Attachment 1 joins an existing transportation authority or becomes or forms a new transportation authority with a dedicated source of funding for transit, the obligations under this Agreement for that city shall cease on the day the funding begins. The City's obligation under this agreement shall be transferred to the existing or new transportation authority. Article 7. MISCELLANEOUS PROVISIONS: 7.1 Force Maieure: It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by reason of war, civil commotion, act of terrorism, act of God, governmental restrictions, regulations or interferences, fire or other casualty, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. 7.2 Contractual Relationship: It is specifically understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.3 Counterparts: This Agreement may be executed in multiple counterparts. Each such counterpart shall be deemed an original of this Agreement, so that in making proof of this Agreement, it shall only be necessary to produce or account for one such counterpart. Interlocal Agreement Page 5 of 8 uoite.ied000 leoola91UI ano.iddV : OZL0 9V9Z-0C E tuauauoettd 1uauaaaa6d leoolaatul :tuauauoettd C" LL . d v , a 7.4 Complete Agreement: This Agreement embodies all of the agreements of the parties relating to its subject matter, supersedes all prior understandings and agreements regarding such subject matter, and may be amended, modified, or supplemented only by an instrument or instruments in writing executed by all of the parties. 7.5 Captions: The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.6 Governing Law and Venue: This Agreement and all agreements entered into in connection with the transactions contemplated by this Agreement are, and will be, executed and delivered, and are intended to be performed in the County of Dallas and the County of Tarrant, State of Texas, and the laws of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. In the event of litigation between the parties hereto, their successors or assigns, with regard to this Agreement and any subsequent supplementary agreements or amendments, venue shall lie exclusively in either Tarrant County or Dallas County, Texas. 7.7 Severability: In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforcibility shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the parties. 7.8 Changed Circumstances: If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. Interlocal Agreement Page 6 of 8 uoiteaed000 leoolaatul ano.iddV : OZL0 9V9Z-0C E tuauauoettd tuauaaaa6d leoolaatul :tuauauoettd C LL' . d v , a 7.9 Enforcement: If any party initiates an action to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive from the other parties all reasonable and necessary costs and expenses, including reasonable attorneys' fees and costs incurred in connection with such action. 7.10 Survival: All of the terms, conditions, warranties, and representations contained in this Agreement shall survive, in accordance with their terms, and shall survive the execution hereof. 7.11 Incorporation of Exhibits and Schedules: All Exhibits and Schedules attached hereto are by this reference incorporated herein and made a part hereof for all purposes as if fully set forth herein. 7.12 Reference: The use of the words "hereof', "herein", "hereunder", and words similar import shall refer to this entire Agreement, and not to any particular section, subsection, clause, or paragraph of this Agreement, unless the context clearly indicates otherwise. 7.13 Further Assurances: Each party agrees to perform any further acts and to sign and deliver any further documents which may be reasonably necessary to carry out the provision of this Agreement. 7.14 Notice: Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the consent, approval, notice, request, proposal, or demand must be in writing to be effective and shall be delivered to the party intended to receive it at the address(es) shown below: If to NCTCOG: North Central Texas Council of Governments Michael Morris, P.E. Director of Transportation Post Office Box 5888 Arlington, Texas 76005-5888 Interlocal Agreement Page 7 of 8 uoljeaadooD leoola91UI ano.iddV : OZL0 9V9Z-0C E 1u9uau3e11d 1uauaaaa6V leoola91ul :JuauauoeJJV LL . d v , a If to the City of North Richland Hills: City of North Richland Hills Mark Hindman City Manager PO Box 820609 North Richland Hills, TX 76182 7.15 Indemnification: To the extent allowed by Texas law, the City of North Richland Hills covenants and agrees to indemnify and hold harmless and defend and do hereby indemnify, hold harmless, and defend NCTCOG, from and against negligence claims or lawsuits for damages or injuries, including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the City of North Richland Hills, their officers, employees, and contractors, related to the performance of this agreement. To the extent allowed by Texas law, NCTCOG covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend the City of North Richland Hills, their officers, employees, and contractors, from and against claims or lawsuits for damages arising out of the performance of this agreement as a result of any negligent act or omission on the part of the NCTCOG, their officers, and employees. IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate original on the day of 2015. CITY OF NORTH RICHLAND HILLS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Mark Hindman R. Michael Eastland City Manager Executive Director Interlocal Agreement Page 8 of 8 uoile.ied000 leoola91UI ano.iddV : OZL0 9I,-9Z-01, E 1u9uau3e11d 1uauaaaa6d leoola91ul :JuauauoeJJV 0 LL' . d v , a ATTACHMENT 1 ANNUAL COST SHARING ALLOCATION (FY2014-2016) FY2011-2013 FY2014-2016* DIFFERENCE Arlington $237,046 $202,841 -$34,205 Bedford $104,488 $90,456 -$14,032 Colleyville $12,935 $17,360 +4,425 Euless $106,675 $138,882 +32,207 Grand Prairie $69,764 $120,607 +50,843 Grapevine $50,567 $34,720 -$15,847 Haltom City $38,705 $31,979 -$6,726 Hurst $98,168 $90,456 -$7,712 North Richland Hills $74,741 $65,786 -$8,955 Total $793,089 $793,089 $0 *FY2014-2016 contribution amounts were adjusted based on an NCTCOG license plate survey conducted in September 2014. Interlocal Agreement Attachment 1 F.2 r4R NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Approval of New Committee Members to the Youth Advisory Committee Presenter: Kristin James, Assistant to the City Manager Summary: City Council is being asked to approve appointments to the Youth Advisory Committee for the 2015/2016 Academic Year. General Description: The Youth Advisory Committee (YAC) currently has ten vacancies. This year, staff approved six new member applications for the 2015/2016 Academic Year. Upon review of the applications by the YAC Executive Committee and Staff Liaison, it was decided to recommend to City Council the following new members for appointment: Savannah Barron — Birdville High School — Grade 11 Silviya Bustola — Birdville High School — Grade 12 Luis Carrillo — Birdville High School — Grade 10 Brad Pipes — Richland High School — Grade 12 Ethan Rodriguez-Shah — Fort Worth Christian — Grade 12 Tiana Whitmore — Richland High School — Grade 11 These new appointments are in accordance with Section 2-171 of the Code of General Ordinances, and would bring membership up to a total of thirteen. YAC has seven members returning in good standing, including: Caroline Beagles — Fort Worth Christian — Grade 12 Tyler Barry — Richland High School — Grade 11 Emily Crowson — Keller High School — Grade 12 Brian Crowson — Keller High School — Grade 12 Brock Crymes — Birdville High School — Grade 11 Mason Mclemore — Birdville High School — Grade 10 Hunter Mendola — Birdville High School — Grade 10 In addition, this year YAC will have one Active Group Participant Jeremy Bourne. Jeremy is an 8t" grader a North Richland Middle School. All members of YAC are required to be enrolled in high school, and for that reason we are not able to promote Packet Pg.63 F.2 r4R NO&TH KICHLAND HILLS him to a full member. We look forward to having him participate in YAC this year and appointing him to a full member next year. Recommendation: Approve the Youth Advisory Committee's recommendations for new committee members for the 2015/2016 Academic Year. Packet Pg.64 H.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 26, 2015 Subject: Announcements. 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 - Early voting continues through Friday for the election to amend the state constitution. You may vote early at the Dan Echols Center or at any of the other early voting sites in Tarrant County. You can find a complete list of voting times and locations and a sample ballot on the Tarrant County Elections website. If you don't get a chance to vote early, election day is November 3rd. The NRH Animal Services Division is holding a low cost vaccination clinic this Saturday at the Animal Adoption & Rescue Center located at 7301 Iron Horse Boulevard. Bring your pets by between 10 a.m. and noon to get their rabies shot for only $5. They will also be holding a people and pet costume contest on Saturday from 10 a.m. to 2 p.m. You can find more details about the vaccination clinic and costume contest on the city's website. Kudos Korner - Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Monica Phillips at the Library —A patron posted a comment online expressing his appreciation to the library and especially Monica. At the last minute Monica was requested to gather some children's books for a program that was being put on for a class of 4-year-olds. She got to work finding half-dozen kids' books and saved the day. The entire class enjoyed the program. She is a great asset to the library as well as the city, the patron said. Recommendation: N/A Packet Pg.65