HomeMy WebLinkAboutCC 2016-12-12 Agendas
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CITY COUNCILMEMORANDUM
FROM:DATE:
The Office of the City ManagerDecember 12, 2016
SUBJECT:Discuss items from regular City Council meeting.
PRESENTER:
Mark Hindman, City Manager
SUMMARY:
The purpose of this item is to allow City Council the opportunity to discuss any item on
the regular agenda.
GENERAL DESCRIPTION:
The purpose of this standing item is to allow City Council the opportunity to inquire
about items that are posted for discussion and deliberation on the regular City Council
agenda.
City Council is encouraged to ask staff questions to clarify and/or provide additional
information on items posted on the regular or consent agenda. City Council may also
elect to move items from the regular agenda to the consent agenda upon receiving
clarification from staff on posted regular agenda items.
CITY COUNCILMEMORANDUM
FROM:DATE:
The Office of the City ManagerJanuary 09, 2017
SUBJECT:Welcome and introduction -public official, public employee or citizen.
PRESENTER:
Mark Hindman, City Manager
SUMMARY:
Introduction of public official, public employee or citizen in attendance at the meeting.
GENERAL DESCRIPTION:
The purpose of this item is to provide City staff or City Council the opportunity to
recognize and introduce a public official, public employee or citizen in attendance at the
meeting.
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:Smithfield & Iron Horse TOD Branding Presentation
PRESENTER:
Craig Hulse, Director of Economic Development
GENERAL DESCRIPTION:
Over the past decadeNorth Richland Hillsdesigned, adopted and implementeda Mixed
Use Transit-Oriented Development (TOD) Code to govern future development around
its two future TEX Rail stations.
Key aspects of the code include unique character districts, building and streetscape
guidelines, open space and parking. The code was formally adopted by the City Council
on June 8, 2009 withrevisions were approved on March 4, 2013.
The City is fortunate to have adopted the codein advance and fortunate that namingthe
two distinct TOD areashas come naturally. Smithfieldisa former city with a history
already known to many North Richland Hills residents, while Iron Horse isa busy
thoroughfare with a Loop 820 exit and fantastic golf course as namesakes. The only
thing missing is their respectivebrands.
Our Country Homes has hired a prominent marketing and branding firm out of Addison
to begin looking at ideas for branding and promoting both Smithfield and Iron Horse
TODs. Having obtained guidance and support from many of the land owners and
developers within both areas, they would like to obtain feedback and direction from the
City of North Richland Hills.
Jody Hanson with Anderson/Hanson/Blanton will be presentingconceptual creative for
City Council review.
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:Discuss the scope and process for the 2018 Strategic Plan (i.e.
Comprehensive Plan)
PRESENTER:
Clayton Comstock, Planning Manager
GENERAL DESCRIPTION:
City Council has taken the first steps in identifying the need to update the
Comprehensive Plan through discussions at the 2015 City Council Goals Retreat and
the FY17 funding for a Transportation Plan element. During this Work Session
discussion, staff will be introducing Council to the overall project scope and timeline.
The process will begin with and flow from an update to the City’s transportation plan.
During the work session, staff will be seeking City Council’s specific input on the
makeup of a StrategicPlan Advisory Committee (SPAC) andstaff’s proposed approach
to outreach and input meetings.
Strategic Plan Advisory Committee
Once the need for a comprehensive plan is identified, the second step is traditionally the
creation of an advisory committee to direct staff and make planning and policy
recommendations for the community that best reflect the community’s vision for the
future. Staff is recommending a 15-member committee to meet monthly between March
2017 and March 2018. Staff is asking City Council to consider the following structure
for the committee:
3 City Council members
2 Planning & Zoning Commission members
10 other members of the community drawn from:
Economic Development Advisory Committee
o
Park & Recreation Board
o
Citizens Civic Academy
o
Youth Advisory Committee
o
Keep NRH Beautiful Commission
o
Community-at-large
o
Appointments in January or February would be followed by the committee’s first
meeting in March.Meetings will be held on a regular Tuesday or Thursday each month.
Outreach & Input Meetings
The key to a successful comprehensive plan is that it accurately represents the
community’s values and vision for the future. To that end, it’s recommended that the
Strategic Plan Advisory Committee (SPAC)not be the only avenue for public input.
Staff is recommending a series of meetings with targeted focus groups and existing
organizations. These could include the following:
HOA Boards
Developers / Real Estate Professionals
Businesses
Citizen Civic Academy “Reunion”
Youth Advisory Committee
School District Administrations & Boards
Fraternal/Social Organizations
An outside consultant may be sought to assistand facilitate these meetings and report
findings to the SPAC. One or two city-wide public hearings would be planned for the
end of the process prior to City Council consideration to confirm that the work of the
committee reflects the vision for the community.
City Council Direction Sought by Staff
The Work Session presentation is attached for review. Staff is seeking input and
direction from City Council on the following questions:
1.StrategicPlan Advisory Committee
a.DoesCouncilagree with the 15-member makeup of the SPAC?
b.Would Council liketo make any city board or commission have required
representation on the SPAC?
c.Any other direction or recommendations for staff regarding SPAC?
2.Outreach & Input Meetings
a.Does Council agree with the plan to seek input from the community in the
form of smaller and more targeted focus groups followed at the end of the
process with city-wide public hearing(s)?
b.Are there any specific groups or professions that City Council would like to
hear from through the strategic planprocess?
Strategic Plan
Project Scope & Timeline Discussion
City Council Work Session
December 12, 2016
“SMART” goals guided by principles
Sustaining Places: Best
Practices for Comprehensive Plans
redevelopment and revitalization
oriented and prioritized
Strong focus on reinvestment,
zoning/development decisions
Inform budget/finance and
implementation plan
year horizon
Guided by
A plan that represents
-
Action
-
10
Update existing land use characteristics of
out rate
Economic Development Strategy
Infill & Redevelopment Strategy
represents
Community Design Standards
Revise population projections
-
the City and current build
Transportation Plan
Small Area Plans
A plan that
Easy to breakout into smaller groups
Members report back progress of
the Committee to their respective
Monthly meetings March 2017 to
Dedicated Tuesday or Thursday
Plan Advisory Committee
member Committee
board or commission
March 2018
-
15
Strategic
other members of the community. Examples:
Plan Advisory Committee Committee
2 Planning & Zoning Commissioners
Civic Academy Graduates
Development Advisory
Commission
Committee
Park & Recreation Board
NRH Beautiful
large
3 Council Members
Youth Advisory
-
at
-
Community
Economic
Citizens
Strategic
Keep
10
School District Administrations & Boards
An invitation/outreach approach, targeted meetings with
Developers / Real Estate Professionals
Citizen Civic Academy “Reunion”
Youth Advisory Committee
focus groups and existing organizations:
Outreach & Input Meetings
HOA Boards
Businesses
Public Hearings &
Outreach Meetings
Mar 2018
Target Area Plans
Final Approval
–
Oct
Transportation Plan
Recommendations
Sep 2017
VGO Meeting(s)
General Project Timeline
–
Jul
Educational
Transportation Plan
Jun 2017
Meetings
SPAC
–
Apr
Joint Work Session
Mar 2017
SPAC
RFQ
Appoint
–
Jan
Strategic Plan
Outreach & Input Meetings
Project Scope & Timeline
Questions & Discussion
SPAC
Makeup of
•••
CITY COUNCILMEMORANDUM
FROM:DATE:
The Office of the City ManagerDecember 12, 2016
SUBJECT:Discuss 2017 City Council meeting schedule
PRESENTER:
Alicia Richardson, City Secretary
SUMMARY:
City Council will discuss the meeting schedule for 2017, and if needed, provide direction
to reschedule or cancel meeting(s).
GENERAL DESCRIPTION:
The regular scheduled City Council meetings are held on the second and fourth Monday
of each month. There are occasions when meetings conflict with holidays, state and
national conferences, and statutory requirements outlined in the Texas Election Code.
City Council provides direction to either reschedule or cancel the meeting.
Staff has identified a few meetings (March, May, and December) that require discussion
and direction from City Council.
March 13, 2017
May 22, 2017
December 25, 2017
The March 13 meeting conflicts with the annual National League of Cities conference
and spring break for Birdville Independent School District. City Council may opt to
reschedule the meeting to March 6 or March 20.
During the month of May, the City Council generally reschedules the second meeting to
take action as outlined by the Texas Election Codepertaining to city elections. The
Election Code provides the time period in which a municipality may canvass election
results declaring candidates elected to office. Pursuant to state law, a governing body
rd
may canvass the election results no earlier than the third (3) day following the election,
th
and no later than the eleventh (11) following the election. This requires the City
Council to meet on a date outside a regular scheduled meeting. Staff is recommending
that City Council consider rescheduling the May 22 meeting to May 15.
Finally, the second meeting of the month in December falls on Christmas. Traditionally,
City Council has directed staff to cancel the second meeting in November and
December.
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:Approve minutes of the regular November 14, 2016 City Council
meeting.
PRESENTER:
Alicia Richardson, City Secretary
SUMMARY:
The minutes are listed on the consent agenda and approved by majority vote of the
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 theregularNovember 14, 2016 City Council meeting.
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CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:Authorize the city manager to execute athree (3)yearcontract with
SHI Government Solutions for Microsoft Enterprise Agreementwith
an annualpayment in the amount of $116,292.00.
PRESENTER:Kyle Spooner, Director of Information Technology
SUMMARY:
The Enterprise Agreement is a volume licensing agreement which includes Microsoft
licensing and software upgradesfor all of the city’s desktop computers and servers. The
software in the agreement includes operating system software, the Office suite of
products, SQL databases, Exchange email, and Network Client Access licenses. Our
current Microsoft enterprise agreement was approved by Council on December 09,
2013 and will expire December 13, 2016.
GENERAL DESCRIPTION:
Information Technology has been working with Microsoft and SHI for months on the
details regarding the Microsoft enterprise agreement. It allows the City to take
advantage of both price breaks and services from Microsoft on all desktop and back
office systems and applications. The State of Texas Department of Information
Resources (DIR), on behalf of the State of Texas, entered into an Enterprise Agreement
with Microsoft Corporation for State and Local Governments. Additionally, DIR entered
into an agreement with SHI to provide this software to local governments. All State
competitive bidding requirements for this purchase will be met by participating in the
DIR cooperative purchasing program. City staff has been pleased with the service
provided under previous agreements. The new agreement is for a 3 year term.
The City is licensed for 550 PCs and 26 servers that will utilize this agreement at a cost
of $116,292.00 per year. This expense is budgetedinthe Information Technology
operating budget. The City willrealize a significantannual savings, versus individual
purchase of the licensing and software upgrades, thus reducing our total cost of
ownership and expense.
The City will also be required to sign a “State and Local Government Enterprise
Enrollment” licensing agreement with Microsoft.
RECOMMENDATION:
Authorize the city manager to execute a three (3)year contract with SHI Government
Solutions for Microsoft Enterprise Agreement with an annual payment in the amount of
$116,292.00.
DIR Contract No. DIR-SDD-2503
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCTS AND RELATED SERVICES
SHI GOVERNMENT SOLUTIONS, INC.
1. Introduction
A. Parties
ThisContract for products and related services is entered into between the State of Texas,
th
its principal place of business at 300 West 15 Street, Suite 1300, Austin, Texas 78701,
and SHI Government Solutions, Inc.
business at 1301 South Mo-Pac Expressway, Suite 375, Austin, Texas 78746.
B. Compliance with Procurement Laws
This Contract is the result of compliance with applicable procurement laws of the State of
Texas. DIR issued a solicitation on the Comptroller of Public Accounts
Business Daily, Request for Offer (RFO) DIR-SDD-TMP-200A, on June 25, 2013, for
Software Reseller and Related Services. Upon execution of this Contract, a notice of
award for RFO DIR-SDD-TMP-200A shall be posted by DIR on the Electronic State
Business Daily.
C. Order of Precedence
This Contract; Appendix A, Standard Terms and Conditions For Products and Related
Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1,
DIR-SDD-TMP-200A, including all addenda; and Exhibit 2, RFO DIR-SDD-TMP-200A,
including all addenda; are incorporated by reference and constitute the entire agreement
between DIR and Vendor. In the event of a conflict between the documents listed in this
paragraph, the controlling document shall be this Contract, then Appendix A, then
Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to
the extent any provisions contained in multiple documents address the same or
substantially the same subject matter but do not actually conflict, the more recent
provisions shall be deemed to have superseded earlier provisions.
2. Term of Contract
The term of this Contract shall be one (1) year commencing on the last date of approval
by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend
the Contract, upon mutual agreement, for up to three (3) optional one-year terms.
terms.
Page 1 of 11
DIR Contract No. DIR-SDD-2503
3. Product and Service Offerings
A. Products
Products available under this Contract are limited to products available through
Microsoft and Novell volume licensing programs as specified in Appendix C, Pricing
Index. Vendor may incorporate changes to their product offering; however, any
changes must be within the scope of products awarded based on the posting described
in Section 1.B above. which was
to the solicitation described in Section 1.B
above.
B. Services
Services available under this Contract are limited to, at no additional cost, related
services associated directly with the sales of licensing, such as related
maintenance/warranty/support for new and previously purchased licenses, training,
installation/de-installation/implementation support, and software advisement to DIR
and/or DIR Customers for the Microsoft and Novell volume licensing programs as
specified in Appendix C, Pricing Index. Vendor may incorporate changes to their
service offering; however, any changes must be within the scope of services awarded
based on the posting described in Section 1.B above. Microsoft Premiere Support
Services and Technical Services are not a part of this Contract.
4. Pricing
A.Publisher Discount Level
Publisher Discount Level is based on the discount established in the Agreement
between DIR and Publishers.
B. Customer Discount
All discounts to the Customer for products included in Section 3 of this Contract shall
be: i) the discount established in the Agreement between DIR and Publishers, or ii)
the percentage discount off then-current list prices from the Publishers based on
or iii) the discount as specified
in Appendix C, Pricing Index, whichever is greater.
C. Customer Price
1)
The price to the Customer shall be calculated as follows:
Customer Price = Publisher Discount Level Customer Discount
2)
Customers purchasing products and services under this Contract may negotiate
more advantageous pricing or participate in special promotional offers. In such event,
a copy of such better offerings shall be furnished to DIR upon request.
3)
If pricing for products or services available under this Contract are provided at a
lower price to: (i) an eligible Customer who is not purchasing those products or
Page 2 of 11
DIR Contract No. DIR-SDD-2503
services under this Contract or (ii) any other entity or consortia authorized by Texas
law to sell said products and services to eligible Customers, then the available
Customer Price in this Contract shall be adjusted to that lower price. This requirement
applies to products or services quoted by Vendor or its resellers for a quantity of one
(1) under like terms and conditions, and does not apply to volume or special pricing
purchases. This Contract shall be amended within ten (10) business days to reflect the
lower price.
D. DIR Administrative Fee
The administrative fee specified in Section 5 below shall not be broken out as a
separate line item when pricing or invoice is provided to Customer.
E. Shipping and Handling Fees
The price to the Customer under this Contract shall include all shipping and handling
shall be charged to the Customer for standard shipping and handling. If the Customer
requests expedited delivery, Customer will be responsible for any charges for
expedited delivery.
F. Tax-Exempt
As per Section 151.309, Texas Tax Code, Customers under this Contract are exempt
from the assessment of State sales, use and excise taxes. Further, Customers under
this Contract are exempt from Federal Excise Taxes, 26 United States Code Sections
4253(i) and (j).
G. Travel Expense Reimbursement
Pricing for services provided under this Contract are exclusive of any travel expenses
that may be incurred in the performance of those services. Travel expense
reimbursement may include personal vehicle mileage or commercial coach
transportation, hotel accommodations, parking and meals; provided, however, the
amount of reimbursement by Customers shall not exceed the amounts authorized for
state employees as adopted by each Customer; and provided, further, that all
reimbursement rates shall not exceed the maximum rates established for state
employees under the current State Travel Management Program
(http://www.window.state.tx.us/procurement/prog/stmp/). Travel time may not be
included as part of the amounts payable by Customer for any services rendered under
this Contract. The DIR administrative fee specified in Section 5 below is not
applicable to travel expense reimbursement. Anticipated travel expenses must be pre-
approved in writing by Customer.
H.Changes to Prices
Vendor may change the price of any product or service at any time, based upon
changes to the Publisher Discount Level, but DIR discounts shall remain consistent
with the discount levels specified in this Contract. Price decreases shall take effect
automatically during the term of this Contract and shall be passed onto the Customer
immediately.
Page 3 of 11
DIR Contract No. DIR-SDD-2503
5. DIR Administrative Fee
A)
The administrative fee to be paid by the Vendor to DIR based on the dollar value of
all sales to Customers pursuant to this Contract is half of one percent (0.50%). Payment
will be calculated for all sales, net of returns and credits. For example, the administrative
fee for sales totaling $100,000 shall be $500.
B)
All prices quoted to Customers shall include the administrative fee. DIR reserves the
right to change this fee upwards or downwards during the term of this Contract, upon
written notice to Vendor without further requirement for a formal contract amendment.
Any change in the administrative fee shall be incorporated in the price to the Customer.
6. Notification
All notices under this Contract shall be sent to a party at the respective address indicated
below.
If sent to the State:
Robin Abbott, Manager
Contract and Vendor Management
Department of Information Resources
th
300 W. 15 St., Suite 1300
Austin, Texas 78701
Phone: (512) 475-4700
Facsimile: (512) 475-4759
If sent to the Vendor:
Darron Gross
SHI Government Solutions, Inc.
1301 South Mo-Pac Expressway, Suite 375
Austin, Texas 78746
Phone: (512) 732-8021
Facsimile: (512) 732-0232
Email:Darron_Gross@shi.com
7Software License and Service Agreements
.
A. Software License Agreement
1)
Customers acquiring software licenses under the Contract shall hold, use and
operate such software subject to compliance with the
Agreement set forth in the Publishers agreement with DIR.
2)
Compliance with the applicable Software License Agreement is the responsibility
the Software License Agreement. If DIR purchases software licenses for its own use
under this Contract, it shall be responsible for its compliance with the Software
License Agreement terms and conditions.
Page 4 of 11
DIR Contract No. DIR-SDD-2503
B. Shrink/Click-wrap License Agreement
Regardless of any other provision or other license terms which may be issued by
Vendor after the effective date of this Contract, and irrespective of whether any such
provisions have been proposed prior to or after the issuance of a Purchase Order for
products licensed under this Contract, or the fact that such other agreement may be
affixed to or accompany software upon delivery (shrink-wrap), the terms and
conditions set forth in this Contract shall supersede and govern the license terms
It is the Custome
between Customers and Vendor.
Shrink/Click-wrap License Agreement and determine if the Customer accepts
the license terms as amended by this Contract. If the Customer does not agree
with the license terms, Customer shall be responsible for negotiating with the
reseller to obtain additional changes in the Shrink/Click-wrap License
Agreement language from the software publisher.
8.Intellectual Property Matters
A. Definitions
under a Statement of Work issued pursuant to this Contract, including any and all
tangible or intangible items or things that have been or will be prepared, created,
developed, invented or conceived at any time following the effective date of the
Contract, including but not limited to any (i) works of authorship (such as manuals,
instructions, printed material, graphics, artwork, images, illustrations, photographs,
computer programs, computer software, scripts, object code, source code or other
programming code, HTML code, flow charts, notes, outlines, lists, compilations,
manuscripts, writings, pictorial materials, schematics, formulae, processes,
algorithms, data, information, multimedia files, text web pages or web sites, other
written or machine readable expression of such works fixed in any tangible media,
and all other copyrightable works), (ii) trademarks, service marks, trade dress, trade
names, logos, or other indicia of source or origin, (iii) ideas, designs, concepts,
personality rights, methods, processes, techniques, apparatuses, inventions, formulas,
discoveries, or improvements, including any patents, trade secrets and know-how, (iv)
domain names, (v) any copies, and similar or derivative works to any of the
foregoing, (vi) all documentation and materials related to any of the foregoing, (vii)
all other goods, services or deliverables to be provided to Customer under the
Contract or a Statement of Work, and (viii) all Intellectual Property Rights in any of
the foregoing, and which are or were created, prepared, developed, invented or
conceived for the use or benefit of Customer in connection with this Contract or a
benefit: (a) by any Vendor personnel or Customer personnel, or (b) any Customer
personnel who then became personnel to Vendor or any of its affiliates or
subcontractors, where, although creation or reduction-to-practice is completed while
the person is affiliated with Vendor or its personnel, any portion of same was created,
invented or conceived by such person while affiliated with Customer.
Page 5 of 11
DIR Contract No. DIR-SDD-2503
means the worldwide legal rights or interests
evidenced by or embodied in: (i) any idea, design, concept, personality right, method,
process, technique, apparatus, invention, discovery, or improvement, including any
patents, trade secrets, and know-how; (ii) any work of authorship, including any
copyrights, moral rights or neighboring rights; (iii) any trademark, service mark, trade
dress, trade name, or other indicia of source or origin; (iv) domain name registrations;
and (v) any other proprietary or similar rights. The Intellectual Property Rights of a
party include all worldwide legal rights or interests that the party may have acquired
by assignment or license with the right to grant sublicenses.
ed by Customer and Vendor
describing a specific set of activities and/or deliverables, which may include Work
Product and Intellectual Property Rights, that Vendor is to provide Customer, issued
pursuant to the Contract.
ellectual Property Rights of any third party not a
party to this Contract, and which is not directly or indirectly providing any goods or
services to Customer under this Contract.
ding the
Intellectual Property Rights therein, created or developed by Vendor (a) prior to
providing any Services or Work Product to Customer and prior to receiving any
documents, materials, information or funding from or on behalf of Customer relating
to the Services or Work Product, or (b) after the Effective Date of the Contract if such
tangible or intangible items or things were independently developed by Vendor
were not created, prepared, developed, invented or conceived by any Customer
personnel who then became personnel to Vendor or any of its affiliates or
subcontractors, where, although creation or reduction-to-practice is completed while
the person is affiliated with Vendor or its personnel, any portion of same was created,
invented or conceived by such person while affiliated with Customer.
B. Ownership.
As between Vendor and Customer, the Work Product and Intellectual Property Rights
therein are and shall be owned exclusively by Customer, and not Vendor. Vendor
that the Work Product shall, upon creation, be owned exclusively by Customer. To the
extent that the Work Product, under applicable law, may not be considered works made
for hire, Vendor hereby agrees that the Contract effectively transfers, grants, conveys,
assigns, and relinquishes exclusively to Customer all right, title and interest in and to all
ownership rights in the Work Product, and all Intellectual Property Rights in the Work
Product, without the necessity of any further consideration, and Customer shall be
entitled to obtain and hold in its own name all Intellectual Property Rights in and to the
Work Product. Vendor acknowledges that Vendor and Customer do not intend Vendor to
be a joint author of the Work Product within the meaning of the Copyright Act of 1976.
Customer shall have access, during normal business hours (Monday through Friday,
Page 6 of 11
DIR Contract No. DIR-SDD-2503
8AM to 5PM) and upon reasonable prior notice to Vendor, to all Vendor materials,
premises and computer files containing the Work Product. Vendor and Customer, as
appropriate, will cooperate with one another and execute such other documents as may be
reasonably appropriate to achieve the objectives herein. No license or other right is
granted hereunder to any Third Party IP, except as may be incorporated in the Work
Product by Vendor.
C. Further Actions.
Vendor, upon request and without further consideration, shall perform any acts that may
be deemed reasonably necessary or desirable by Customer to evidence more fully the
transfer of ownership and/or registration of all Intellectual Property Rights in all Work
Product to Customer to the fullest extent possible, including but not limited to the
execution, acknowledgement and delivery of such further documents in a form
lure to respond to
for any purpose set forth in the foregoing sentence, Vendor hereby irrevocably designates
and appoints Customer and its duly authorized officers and age
-in-
any such document and to do all other lawfully permitted acts to further any such purpose
with the same force and effect as if executed and delivered by Vendor, provided however
that no such grant of right to Customer is applicable if Vendor fails to execute any
document due to a good faith dispute by Vendor with respect to such document. It is
understood that such power is coupled with an interest and is therefore irrevocable.
Customer shall have the full and sole power to prosecute such applications and to take all
sole expense, in the preparation and prosecution of all such applications and in any legal
actions and proceedings concerning the Work Product.
D. Waiver of Moral Rights.
Vendor hereby irrevocably and forever waives, and agrees never to assert, any Moral
Rights in or to the Work Product which Vendor may now have or which may accrue to
residual rights and benefits which arise under any other applicable law now in force or
hereafter enacted. Vendor acknowledges the receipt of equitable compensation for its
and all rights of paternity or integrity of the Work Product and the right to object to any
modification, translation or use of the Work Product, and any similar rights existing
under the judicial or statutory law of any country in the world or under any treaty,
regardless of whether or not such right is denominated or referred to as a moral right.
E. Confidentiality.
All documents, information and materials forwarded to Vendor by Customer for use in
and preparation of the Work Product, shall be deemed the confidential information of
Customer, and subject to the license granted by Customer to Vendor under sub-paragraph
H. Hereunder, Vendor shall not use, disclose, or permit any person to use or obtain the
Page 7 of 11
DIR Contract No. DIR-SDD-2503
Work Product, or any portion thereof, in any manner without the prior written approval of
Customer.
F. Injunctive Relief.
proprietary rights pertaining to the Work
Product, and the Intellectual Property Rights therein, and any misuse of such rights would
acknowledges and stipulates that a court of competent jurisdiction may immediately
enjoin any material breach of the intellectual property, use, and confidentiality provisions
of this Contract, upon a request by Customer, without requiring proof of irreparable
injury as same should be presumed.
G. Return of Materials Pertaining to Work Product.
Upon the request of Customer, but in any event upon termination or expiration of this
Contract or a Statement of Work, Vendor shall surrender to Customer all documents and
things pertaining to the Work Product, including but not limited to drafts, memoranda,
notes, records, drawings, manuals, computer software, reports, data, and all other
documents or materials (and copies of same) generated or developed by Vendor or
furnished by Customer to Vendor, including all materials embodying the Work Product,
any Customer confidential information, or Intellectual Property Rights in such Work
Product, regardless of whether complete or incomplete. This section is intended to apply
to all Work Product as well as to all documents and things furnished to Vendor by
Customer or by anyone else that pertains to the Work Product.
H. Vendor License to Use.
Customer hereby grants to Vendor a non-transferable, non-exclusive, royalty-free, fully
paid-up license to use any Work Product solely as necessary to provide the Services to
Customer. Except as provided in this Section, neither Vendor nor any Subcontractor
shall have the right to use the Work Product in connection with the provision of services
to its other customers without the prior written consent of Customer, which consent may
I. Third-Party Underlying and Derivative Works.
To the extent that any Vendor IP or Third Party IP are embodied or reflected in the Work
Product, or are necessary to provide the Services, Vendor hereby grants to the Customer,
or shall obtain from the applicable third party for Custom
perpetual, non-exclusive, worldwide, royalty-
internal business purposes only, to (i) use, execute, reproduce, display, perform,
distribute copies of, and prepare derivative works based upon such Vendor IP or Third
Party IP and any derivative works thereof embodied in or delivered to Customer in
conjunction with the Work Product, and (ii) authorize others to do any or all of the
foregoing. Vendor agrees to notify Customer on delivery of the Work Product or
Services if such materials include any Third Party IP. On request, Vendor shall provide
use any Third Party IP that may be embodied or reflected in the Work Product.
Page 8 of 11
DIR Contract No. DIR-SDD-2503
J. Agreement with Subcontracts.
Vendor agrees that it shall have written agreement(s) that are consistent with the
provisions hereof related to Work Product and Intellectual Property Rights with any
employees, agents, consultants, contractors or subcontractors providing Services or Work
Product pursuant to the Contract, prior to their providing such Services or Work Product,
and that it shall maintain such written agreements at all times during performance of this
Contract, which are sufficient to support all performance and grants of rights by Vendor.
Copies of such agreements shall be provided to the Customer promptly upon request.
K.License to Customer
.
Vendor grants to Customer, a perpetual, irrevocable, royalty free license, solely for the
means), transmit and prepare derivative works of any Vendor IP embodied in or delivered
to Customer in conjunction with the Work Product. The foregoing license includes the
right to sublicense third parties, solely for the purpose of engaging such third parties to
preceding license, all rights in Vendor IP remain in Vendor.
L. Vendor Development Rights.
herein, nothing in this Contract shall preclude Vendor from developing for itself, or for
others, materials which are competitive with those produced as a result of the Services
provided hereunder, provided that no Work Product is utilized, and no Intellectual
Property Rights of Customer therein are infringed by such competitive materials. To the
extent that Vendor wishes to use the Work Product, or acquire licensed rights in certain
Intellectual Property Rights of Customer therein in order to offer competitive goods or
services to third parties, Vendor and Customer agree to negotiate in good faith regarding
an appropriate license and royalty agreement to allow for such.
9. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product
and Related Services Contracts.
A.Section 9, Vendor Responsibilities, A. Indemnification, 1) Acts or Omissions
is
hereby replaced in its entirety as follows:
1) Acts or Omissions
Vendor shall indemnify and hold harmless the State of Texas and Customers, and/or
their officers, agents, employees, representatives, contractors, assignees, and/or
designees from and against any and all liability, actions, claims, demands, or suits,
and all related costs, attorney fees, and expenses arising out of, or resulting from any
acts or omissions of the Vendor or its agents, employees, subcontractors, Order
Fulfillers, or suppliers of subcontractors in the execution or performance of the
Contract and any Purchase Orders issued under the Contract. Vendor shall pay all
costs of defense including attorney fees. The defense shall be coordinated by the
Office of the Attorney General for Texas state
counsel for non-state agency customers.
Page 9 of 11
DIR Contract No. DIR-SDD-2503
SECTION WILL NOT BE PRECLUDED OR LIMITED BY ANY CLAIM OF
CONTRIBUTORY NEGLIGENCE, EXCEPT THAT IN THE EVENT OF SUCH
CLAIM OF CONTRIBUTORY NEGLIGENCE, THE APPORTIONMENT OF
DAMAGES, FINES AND COSTS, SHALL BE SHARED BETWEEN THE
NEGLIGENCE.
B.Section 9, Vendor Responsibilities,S. Secure Erasure of Hard Disk Products
and/or Services
is hereby replaced in its entirety as follows:
S. Secure Erasure of Hard Disk Products and/or Services
Vendor agrees that all services wherein Vendor uses hard disk drives (i.e. computers,
telephones, printers, fax machines, scanners, multifunction devices, etc.) shall have
the capability to securely erase data written to the hard drive prior to final disposition
ged Services
Agreement for such products and/ services, in accordance with 1 TAC 202.
C.Appendix A, Section 10. Contract Enforcement, B. Termination, 7) Transitional
Support Upon Termination or Expiration
is hereby added as follows:
7) Transitional Support Upon Termination or Expiration
Upon the date of contract termination or expiration, Vendor will provide transitional
purchased software under this Contract. To assure continuity of records, DIR
Customers (upon request) that have purchased under this Contract will be provided
its software license tracking information for a period not less than the prior twelve
months, in a commercially available format. If the file download is available on
contact name, telephone number and email address for questions. Vendor shall also
provide DIR a complete copy of the entire DIR Customer database at the end of the
90-day transition period, in a commercially available format.
Page 10 of 11
DIR Contract No. DIR-SDD-2503
This Contract is executed to be effective as of the date of last signature.
SHI Government Solutions, Inc.
Authorized By: _/Signature on File/______
Name: __Natalie Slowik________________
Title: ____Contract Specialist___________
Date: ___08/14/13_____________________
The State of Texas, acting by and through the Department of Information Resources
Authorized By: _/Signature on File/________
Name: ___Karen Robinson_______________
Title: ___Executive Director______________
Date: ____08/15/13_______________________
Office of General Counsel: __/Signature on File/__08/15/13____________
Page 11 of 11
Appendix A
Standard Terms and Conditions For Product and Related Services Contracts
4 ¡«¤ ®¥ #®³¤³²
1.Contract Scope ....................................................................................................................... 1
2.No Quantity Guarantees ......................................................................................................... 1
3.Definitions.............................................................................................................................. 1
4.General Provisions ................................................................................................................. 2
A.Entire Agreement .......................................................................................................... 2
B.Modification of Contract Terms and/or Amendments .................................................. 2
C.Invalid Term or Condition ............................................................................................ 3
D.Assignment ................................................................................................................... 3
E.Survival ......................................................................................................................... 3
F.Choice of Law ............................................................................................................... 3
G.Limitation of Authority ................................................................................................. 4
H.Proof of Financial Stability ........................................................................................... 4
5.Intellectual Property Matters .................................................................................................. 4
A.Definitions..................................................................................................................... 4
B.Ownership. .................................................................................................................... 5
C.Further Actions. ............................................................................................................ 6
D.Waiver of Moral Rights. ............................................................................................... 6
E.Confidentiality. ............................................................................................................. 6
F.Injunctive Relief............................................................................................................ 6
G.Return of Materials Pertaining to Work Product. ......................................................... 7
H.Vendor License to Use. ................................................................................................. 7
I.Third-Party Underlying and Derivative Works. ........................................................... 7
J.Agreement with Subcontracts. ...................................................................................... 7
K.License to Customer. .................................................................................................... 8
L.Vendor Development Rights......................................................................................... 8
6.Product Terms and Conditions............................................................................................... 8
A.Electronic and Information Resources Accessibility Standards, As Required
by 1 TAC Chapters 206 and 213 (Applicable to State Agency and
Institution of Higher Education Purchases Only) ......................................................... 8
B.Purchase of Commodity Items (Applicable to State Agency Purchases
Only) ............................................................................................................................. 8
7.Contract Fulfillment and Promotion ...................................................................................... 9
A.Service, Sales and Support of the Contract ................................................................... 9
B.Use of Order Fulfillers .................................................................................................. 9
06/21/2016 i
Appendix A
Standard Terms and Conditions For Product and Related Services Contracts
1)Designation of Order Fulfillers ............................................................................... 9
2)Changes in Order Fulfiller List ............................................................................. 10
3)Order Fulfiller Pricing to Customer ...................................................................... 10
C.Product Warranty and Return Policies ........................................................................ 10
D.Customer Site Preparation .......................................................................................... 10
E.Internet Access to Contract and Pricing Information ................................................. 10
1)Vendor Webpage .................................................................................................. 10
2)Accurate and Timely Contract Information .......................................................... 11
3)Webpage Compliance Checks .............................................................................. 11
4)Webpage Changes ................................................................................................. 11
5)Use of Access Data Prohibited ............................................................................. 11
6)Responsibility for Content .................................................................................... 11
F.DIR Logo .................................................................................................................... 12
G.Vendor and Order Fulfiller Logo ................................................................................ 12
H.Trade Show Participation ............................................................................................ 12
I.Orientation Meeting .................................................................................................... 12
J.Performance Review Meetings ................................................................................... 12
K.DIR Cost Avoidance ................................................................................................... 12
8.Pricing, Purchase Orders, Invoices, and Payments .............................................................. 13
A. (MSRP) or List Price.................................... 13
B.Customer Discount...................................................................................................... 13
C.Customer Price ............................................................................................................ 13
D.Shipping and Handling Fees ....................................................................................... 13
E.Tax-Exempt................................................................................................................. 14
F.Travel Expense Reimbursement ................................................................................. 14
G.Changes to Prices ........................................................................................................ 14
H.Purchase Orders .......................................................................................................... 14
I.Invoices ....................................................................................................................... 15
J.Payments ..................................................................................................................... 15
9.Contract Administration....................................................................................................... 15
A.Contract Managers ...................................................................................................... 15
1)State Contract Manager......................................................................................... 15
2)Vendor Contract Manager ..................................................................................... 15
B.Reporting and Administrative Fees ............................................................................ 16
1)Reporting Responsibility ...................................................................................... 16
2)Detailed Monthly Report ...................................................................................... 16
3)Historically Underutilized Businesses Subcontract Reports................................. 16
4)DIR Administrative Fee ........................................................................................ 16
5)Accurate and Timely Submission of Reports ....................................................... 17
C.Records and Audit....................................................................................................... 17
D.Contract Administration Notification ......................................................................... 18
10.Vendor Responsibilities ....................................................................................................... 18
A.Indemnification ........................................................................................................... 19
06/21/2016 ii
Appendix A
Standard Terms and Conditions For Product and Related Services Contracts
1)INDEPENDENT CONTRACTOR ....................................................................... 19
2)ACTS OR OMISSIONS ....................................................................................... 19
3)INFRINGEMENTS .............................................................................................. 19
4)PROPERTY DAMAGE........................................................................................ 20
B. ........................ 20
C.Vendor Certifications .................................................................................................. 21
D.Ability to Conduct Business in Texas ......................................................................... 23
E.Equal Opportunity Compliance .................................................................................. 23
F.Use of Subcontractors ................................................................................................. 23
G.Responsibility for Actions .......................................................................................... 23
H.Confidentiality ............................................................................................................ 24
I.Security of Premises, Equipment, Data and Personnel ............................................... 24
J.Background and/or Criminal History Investigation .................................................... 24
K.Limitation of Liability................................................................................................. 24
L.Overcharges ................................................................................................................ 25
M.Prohibited Conduct ..................................................................................................... 25
N.Required Insurance Coverage ..................................................................................... 25
O.Use of State Property .................................................................................................. 26
P.Immigration................................................................................................................. 26
Q.Public Disclosure ........................................................................................................ 27
R.Product and/or Services Substitutions ........................................................................ 27
S.Secure Erasure of Hard Disk Products and/or Services .............................................. 27
T.Deceptive Trade Practices; Unfair Business Practices ............................................... 27
U.Drug Free Workplace Policy ...................................................................................... 27
V.Accessiblity of Public Information ............................................................................. 28
W.Vendor Reporting Requirements ................................................................................ 28
11.Contract Enforcement .......................................................................................................... 28
A.Enforcement of Contract and Dispute Resolution ...................................................... 28
B.Termination ................................................................................................................. 28
1)Termination for Non-Appropriation ..................................................................... 28
2)Absolute Right ...................................................................................................... 29
3)Termination for Convenience ............................................................................... 29
4)Termination for Cause .......................................................................................... 29
5)Immediate Termination or Suspension ................................................................. 30
6)Customer Rights Under Termination .................................................................... 30
7)Vendor or Order Fulfiller Rights Under Termination ........................................... 31
C.Force Majeure ............................................................................................................. 31
12.Notification .......................................................................................................................... 31
A.Notices ........................................................................................................................ 31
B.Handling of Written Complaints ................................................................................. 31
13.Captions ............................................................................................................................... 31
06/21/2016 iii
The following terms and conditions shall govern the conduct of DIR and Vendor during the term
of the Contract.
1.Contract Scope
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
The Vendor shall provide the products and related services specified in Section 3 of the
Contract for purchase by Customers. In addition, DIR and Vendor may agree to provisions
that allow Vendor and/or Order Fulfiller to lease the products offered under the Contract.
Terms used in this document shall have the meanings set forth below in Section 3.
2.No Quantity Guarantees
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
The Contract is not exclusive to the Vendor. Customers may obtain products and related
services from other sources during the term of the Contract. DIR makes no express or
implied warranties whatsoever that any particular quantity or dollar amount of products
and related services will be procured through the Contract.
3.Definitions
Customer
A. - any Texas state agency, unit of local government, institution of higher
education as defined in Section 2054.003, Texas Government Code, the Electric
Reliability Council of Texas, the Lower Colorado River Authority, a private school,
as defined by Section 5.001, Education Code, a private or independent institution of
higher education, as defined by Section 61.003, Education Code, a volunteer fire
department, as defined by Section 152.001, Tax Code, and those state agencies
purchasing from a DIR contract through an Interagency Agreement, as authorized by
Chapter 771, Texas Government Code, any local government as authorized through
the Interlocal Cooperation Act, Chapter 791, Texas Government Code, and the state
agencies and political subdivisions of other states as authorized by Section
2054.0565, Texas Government Code and, except for telecommunications services
under Chapter 2170, Texas Government Code, assistance organizations as defined in
Section 2175.001, Texas Government Code to mean:
1)
A non-profit organization that provides educational, health or human
services or assistance to homeless individuals;
2)
A nonprofit food bank that solicits, warehouses, and redistributes edible
but unmarketable food to an agency that feeds needy families and
individuals;
3)
Texas Partners of the Americas, a registered agency with the Advisory
Committee on Voluntary Foreign Aid, with the approval of the Partners
of the Alliance Office of the Agency for International Development;
4)
A group, including a faith-based group, that enters into a financial or non-
financial agreement with a health or human services agency to provide
5)
A local workforce development board created under Section 2308.253;
6)
A nonprofit organization approved by the Supreme Court of Texas that
provides free legal services for low-income households in civil matters;
7)
The Texas Boll Weevil Eradication Foundation, Inc., or an entity
successor entity under Section 74.1011, Texas Agriculture Code;
06/21/2016 Page 1 of 31
8)
A nonprofit computer bank that solicits, stores, refurbishes and
redistributes used computer equipment to public school students and their
families; and
9)
A nonprofit organization that provides affordable housing.
B.Compliance Check
performed by, but not limited to, a third party auditor, DIR Internal Audit department,
or DIR contract management staff or their designees.
C.Contract
the document executed between DIR and Vendor into which this Appendix
A is incorporated.
D.CPA
refers to the Texas Comptroller of Public Accounts.
E.Day
- shall mean business days, Monday through Friday, except for State and Federal
holidays, unless otherwise specified as calendar days. If the Contract calls for
performance on a day that is not a business day, then performance is intended to occur
on the next business day.
F.OrderFulfiller
the party, either Vendor or a party that may be designated by Vendor,
who is fulfilling a Purchase Order pursuant to the Contract.
G.Purchase Order
- ich is used when making a
purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase
Order, or other authorized instrument).
H.State
refers to the State of Texas.
4.General Provisions
A.Entire Agreement
The Contract, Appendices, and Exhibits constitute the entire agreement between DIR
and the Vendor. No statement, promise, condition, understanding, inducement or
representation, oral or written, expressed or implied, which is not contained in the
Contract, Appendices, or its Exhibits shall be binding or valid.
B.Modification of Contract Terms and/or Amendments
1)
The terms and conditions of the Contract shall govern all transactions by Customers
under the Contract. The Contract may only be modified or amended upon mutual
written agreement of DIR and Vendor.
2)
Customers shall not have the authority to modify the terms of the Contract;
however, additional Customer terms and conditions that do not conflict with the
Contract and are acceptable to Order Fulfiller may be added in a Purchase Order and
given effect. No additional term or condition added in a Purchase Order issued by a
Customer can conflict with or diminish a term or condition of the Contract. Pre-printed
terms and conditions on any Purchase Order issued by Customer hereunder will have no
force and effect.
Contract, the Contract term shall control.
3)
Customers and Vendor will negotiate and enter into written agreements regarding
statements of work, service level agreements, remedies, acceptance criteria, information
confidentiality and security requirements, and other terms specific to their Purchase
Orders under the Contract with Vendors.
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C.Invalid Term or Condition
1)
To the extent any term or condition in the Contract conflicts with the applicable State
and/or United States law or regulation, such Contract term or condition is void and
unenforceable. By executing a contract which contains the conflicting term or condition,
DIR makes no representations or warranties regarding the enforceability of such term
or condition and DIR does not waive the applicable State and/or United States law or
regulation which conflicts with the Contract term or condition.
2)
If one or more terms or conditions in the Contract, or the application of any term or
condition to any party or circumstance, is held invalid, unenforceable, or illegal in any
respect by a final judgment or order of the State Office of Administrative Hearings or a
court of competent jurisdiction, the remainder of the Contract and the application of the
term or condition to other parties or circumstances shall remain valid and in full force
and effect.
D.Assignment
DIR or Vendor may assign the Contract without prior written approval to: i) a successor in
interest (for DIR, another state agency as designated by the Texas Legislature), or ii) a
subsidiary, parent company or affiliate, or iii) as necessary to satisfy a regulatory
requirement imposed upon a party by a governing body with the appropriate authority.
Assignment of the Contract under the above terms shall require written notification by the
assigning party and, for Vendor, a mutually agreed written Contract amendment. Any other
assignment by a party shall require the written consent of the other party and a mutually
agreed written Contract amendment.
E.Survival
All applicable software license agreements, warranties or service agreements that were
entered into between Vendor and a Customer under the terms and conditions of the Contract
shall survive the expiration or termination of the Contract All Purchase Orders issued and
accepted by Vendor or Order Fulfiller shall survive expiration or termination of the Contract
for the term of the Purchase Order, unless the Customer terminates the Purchase Order
sooner. However, regardless of the term of the Purchase Order, no Purchase Order shall
survive the expiration or termination of the Contract for more than five years, unless
Customer makes an express finding and justification for the longer term. The finding and
justification must either be included in the Purchase Order, or referenced in it and
. Rights and obligations under this Contract
which by their nature should survive, including, but not limited to the DIR Administrative
Fee; and any and all payment obligations invoiced prior to the termination or expiration
hereof; obligations of confidentiality; and, indemnification, will remain in effect after
termination or expiration hereof.
F.Choice of Law
The laws of the State shall govern the construction and interpretation of the Contract.
Exclusive venue for all actions will be in state court, Travis County, Texas. Nothing in the
n immunity.
06/21/2016 Page 3 of 31
G.Limitation of Authority
Vendor shall have no authority to act for or on behalf of the Texas Department of
Information Resources or the State except as expressly provided for in this Contract; no
other authority, power or use is granted or implied. Vendor may not incur any debts,
obligations, expenses, or liabilities of any kind on behalf of the State or DIR.
H.Proof of Financial Stability
Either DIR or Customer may require Vendor to provide proof of financial stability prior
to or at any time during the contract term.Intellectual Property Matters
5.Intellectual Property Matters
A.Definitions
1)
under a Statement of Work issued pursuant to this Contract, including any and all
tangible or intangible items or things that have been or will be prepared, created,
developed, invented or conceived at any time following the effective date of the
Contract, including but not limited to any (i) works of authorship (such as manuals,
instructions, printed material, graphics, artwork, images, illustrations, photographs,
computer programs, computer software, scripts, object code, source code or other
programming code, HTML code, flow charts, notes, outlines, lists, compilations,
manuscripts, writings, pictorial materials, schematics, formulae, processes, algorithms,
data, information, multimedia files, text web pages or web sites, other written or
machine readable expression of such works fixed in any tangible media, and all other
copyrightable works), (ii) trademarks, service marks, trade dress, trade names, logos,
or other indicia of source or origin, (iii) ideas, designs, concepts, personality rights,
methods, processes, techniques, apparatuses, inventions, formulas, discoveries, or
improvements, including any patents, trade secrets and know-how, (iv) domain names,
(v) any copies, and similar or derivative works to any of the foregoing, (vi) all
documentation and materials related to any of the foregoing, (vii) all other goods,
services or deliverables to be provided to Customer under the Contract or a Statement
of Work, and (viii) all Intellectual Property Rights in any of the foregoing, and which
are or were created, prepared, developed, invented or conceived for the use or benefit
of Customer in connection with this Contract or a Statement of Work, or with funds
by any Vendor personnel
or Customer personnel, or (b) any Customer personnel who then became personnel to
Vendor or any of its affiliates or subcontractors, where, although creation or reduction-
to-practice is completed while the person is affiliated with Vendor or its personnel, any
portion of same was created, invented or conceived by such person while affiliated with
Customer.
2)
means the worldwide legal rights or interests
evidenced by or embodied in: (i) any idea, design, concept, personality right, method,
process, technique, apparatus, invention, discovery, or improvement, including any
patents, trade secrets, and know-how; (ii) any work of authorship, including any
copyrights, moral rights or neighboring rights; (iii) any trademark, service mark, trade
dress, trade name, or other indicia of source or origin; (iv) domain name registrations;
06/21/2016 Page 4 of 31
and (v) any other proprietary or similar rights. The Intellectual Property Rights of a
party include all worldwide legal rights or interests that the party may have acquired
by assignment or license with the right to grant sublicenses.
3)
Vendor describing
a specific set of activities and/or deliverables, which may include Work Product and
Intellectual Property Rights, that Vendor is to provide Customer, issued pursuant to
the Contract.
4)
Rights of any third party that is not
a party to this Contract, and that is not directly or indirectly providing any goods or
services to Customer under this Contract.
5)
Intellectual Property Rights therein, created or developed by Vendor (a) prior to
providing any Services or Work Product to Customer and prior to receiving any
documents, materials, information or funding from or on behalf of Customer relating
to the Services or Work Product, or (b) after the Effective Date of the Contract if such
tangible or intangible items or things were independently developed by Vendor outside
created, prepared, developed, invented or conceived by any Customer personnel who
then became personnel to Vendor or any of its affiliates or subcontractors, where,
although creation or reduction-to-practice is completed while the person is affiliated
with Vendor or its personnel, any portion of same was created, invented or conceived
by such person while affiliated with Customer.
B.Ownership.
As between Vendor and Customer, the Work Product and Intellectual Property Rights
therein are and shall be owned exclusively by Customer, and not Vendor. Vendor
that the Work Product shall, upon creation, be owned exclusively by Customer. To the
extent that the Work Product, under applicable law, may not be considered works made for
hire, Vendor hereby agrees that the Contract effectively transfers, grants, conveys, assigns,
and relinquishes exclusively to Customer all right, title and interest in and to all ownership
rights in the Work Product, and all Intellectual Property Rights in the Work Product, without
the necessity of any further consideration, and Customer shall be entitled to obtain and hold
in its own name all Intellectual Property Rights in and to the Work Product. Vendor
acknowledges that Vendor and Customer do not intend Vendor to be a joint author of the
Work Product within the meaning of the Copyright Act of 1976. Customer shall have
access, during normal business hours (Monday through Friday, 8AM to 5PM) and upon
reasonable prior notice to Vendor, to all Vendor materials, premises and computer files
containing the Work Product. Vendor and Customer, as appropriate, will cooperate with
one another and execute such other documents as may be reasonably appropriate to achieve
the objectives herein. No license or other right is granted hereunder to any Third Party IP,
except as may be incorporated in the Work Product by Vendor.
06/21/2016 Page 5 of 31
C.Further Actions.
Vendor, upon request and without further consideration, shall perform any acts that may be
deemed reasonably necessary or desirable by Customer to evidence more fully the transfer
of ownership and/or registration of all Intellectual Property Rights in all Work Product to
Customer to the fullest extent possible, including but not limited to the execution,
acknowledgement and delivery of such further documents in a form determined by
requests for such signature on any document reasonably necessary for any purpose set forth
in the foregoing sentence, Vendor hereby irrevocably designates and appoints Customer and
-in-fact to
all other lawfully permitted acts to further any such purpose with the same force and effect
as if executed and delivered by Vendor, provided however that no such grant of right to
Customer is applicable if Vendor fails to execute any document due to a good faith dispute
by Vendor with respect to such document. It is understood that such power is coupled with
an interest and is therefore irrevocable. Customer shall have the full and sole power to
prosecute such applications and to take all other action concerning the Work Product, and
all such applications and in any legal actions and proceedings concerning the Work Product.
D.Waiver of Moral Rights.
Vendor hereby irrevocably and forever waives, and agrees never to assert, any Moral Rights
in or to the Work Product which Vendor may now have or
benefit under U.S. or foreign copyright or other laws and any and all other residual rights
and benefits which arise under any other applicable law now in force or hereafter enacted.
Vendor acknowledges the receipt of equitable compensation for its assignment and waiver
or integrity of the Work Product and the right to object to any modification, translation or
use of the Work Product, and any similar rights existing under the judicial or statutory law
of any country in the world or under any treaty, regardless of whether or not such right is
denominated or referred to as a moral right.
E.Confidentiality.
All documents, information and materials forwarded to Vendor by Customer for use in and
preparation of the Work Product shall be deemed the confidential information of Customer,
and subject to the license granted by Customer to Vendor under sub-paragraph H.
hereunder. Vendor shall not use, disclose, or permit any person to use or obtain the Work
Product, or any portion thereof, in any manner without the prior written approval of
Customer.
F.Injunctive Relief.
ights pertaining to the Work
Product, and the Intellectual Property Rights therein, and any misuse of such rights would
cause substantial and irreparabVendor
acknowledges and stipulates that a court of competent jurisdiction may immediately enjoin
any material breach of the intellectual property, use, and confidentiality provisions of this
06/21/2016 Page 6 of 31
Contract, upon a request by Customer, without requiring proof of irreparable injury as same
should be presumed.
G.Return of Materials Pertaining to Work Product.
Upon the request of Customer, but in any event upon termination or expiration of this
Contract or a Statement of Work, Vendor shall surrender to Customer all documents and
things pertaining to the Work Product, including but not limited to drafts, memoranda,
notes, records, drawings, manuals, computer software, reports, data, and all other documents
or materials (and copies of same) generated or developed by Vendor or furnished by
Customer to Vendor, including all materials embodying the Work Product, any Customer
confidential information, or Intellectual Property Rights in such Work Product, regardless
of whether complete or incomplete. This section is intended to apply to all Work Product
as well as to all documents and things furnished to Vendor by Customer or by anyone else
that pertain to the Work Product.
H.Vendor License to Use.
Customer hereby grants to Vendor a non-transferable, non-exclusive, royalty-free, fully
paid-up license to use any Work Product solely as necessary to provide the Services to
Customer. Except as provided in this Section, neither Vendor nor any Subcontractor shall
have the right to use the Work Product in connection with the provision of services to its
other customers without the prior written consent of Customer, which consent may be
I.Third-Party Underlying and Derivative Works.
To the extent that any Vendor IP or Third Party IP are embodied or reflected in the Work
Product, or are necessary to provide the Services, Vendor hereby grants to the Customer, or
perpetual, non-exclusive, worldwide, royalty-
business purposes only, to (i) use, execute, reproduce, display, perform, distribute copies
of, and prepare derivative works based upon such Vendor IP or Third Party IP and any
derivative works thereof embodied in or delivered to Customer in conjunction with the
Work Product, and (ii) authorize others to do any or all of the foregoing. Vendor agrees to
notify Customer on delivery of the Work Product or Services if such materials include any
Third Party IP. On request, Vendor shall provide Customer with documentation indicating
or reflected in the Work Product.
J.Agreement with Subcontracts.
Vendor agrees that it shall have written agreement(s) that are consistent with the provisions
hereof related to Work Product and Intellectual Property Rights with any employees, agents,
consultants, contractors or subcontractors providing Services or Work Product pursuant to
the Contract, prior to their providing such Services or Work Product, and that it shall
maintain such written agreements at all times during performance of this Contract, which
are sufficient to support all performance and grants of rights by Vendor. Copies of such
agreements shall be provided to the Customer promptly upon request.
06/21/2016 Page 7 of 31
K.License to Customer.
Vendor grants to Customer, a perpetual, irrevocable, royalty free license, solely for the
means), transmit and prepare derivative works of any Vendor IP embodied in or delivered
to Customer in conjunction with the Work Product. The foregoing license includes the right
to sublicense third parties, solely for the purpose of engaging such third parties to assist or
t. Except for the preceding
license, all rights in Vendor IP remain in Vendor.
L.Vendor Development Rights.
herein, nothing in this Contract shall preclude Vendor from developing for itself, or for
others, materials which are competitive with those produced as a result of the Services
provided hereunder, provided that no Work Product is utilized, and no Intellectual Property
Rights of Customer therein are infringed by such competitive materials. To the extent that
Vendor wishes to use the Work Product, or acquire licensed rights in certain Intellectual
Property Rights of Customer therein in order to offer competitive goods or services to third
parties, Vendor and Customer agree to negotiate in good faith regarding an appropriate
license and royalty agreement to allow for such.
6.Product Terms and Conditions
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
A.Electronic and Information Resources Accessibility Standards, As Required by 1
TAC Chapters 206 and 213 (Applicable to State Agency and Institution of Higher
Education Purchases Only)
1)
Effective September 1, 2006 state agencies and institutions of higher education shall
procure products which comply with the State Accessibility requirements for Electronic
and Information Resources specified in 1 TAC Chapters 206 and 213 when such
products are available in the commercial marketplace or when such products are
developed in response to a procurement solicitation.
2)
Upon request, but not later than thirty (30) calendar days after request, Vendor shall
provide DIR with a completed Voluntary Product Accessibility Template (VPAT) of
the specified product or a URL to the VPAT for reviewing compliance with the State
Accessibility requirements (based on the federal standards established under Section
508 of the Rehabilitation Act).
B.Purchase of Commodity Items (Applicable to State Agency Purchases Only)
1)
Texas Government Code, §2157.068 requires State agencies to buy commodity items,
as defined in 6.B.2, below, in accordance with contracts developed by DIR, unless the
agency obtains an exemption from DIR or a written certification that a commodity is
not on DIR contract (for the limited purpose of purchasing from a local government
purchasing cooperative).
2)
Commodity items are commercially available software, hardware and technology
services that are generally available to businesses or the public and for which DIR
determines that a reasonable demand exists in two or more state agencies. Hardware is
06/21/2016 Page 8 of 31
the physical technology used to process, manage, store, transmit, receive or deliver
information. Software is the commercially available programs that operate hardware and
includes all supporting documentation, media on which the software may be contained
or stored, related materials, modifications, versions, upgrades, enhancements, updates
or replacements. Technology services are the services, functions and activities that
facilitate the design, implementation, creation, or use of software or hardware.
Technology services include seat management, staffing augmentation, training,
maintenance and subscription services. Technology services do not include
telecommunications services. Seat management is services through which a state agency
transfers its responsibilities to a vendor to manage its personal computing needs,
including all necessary hardware, software and technology services.
3)
Vendor agrees to coordinate all State agency commodity item sales through existing
DIR contracts. Institutions of higher education are exempt from this Subsection 6.B.
7.Contract Fulfillment and Promotion
A.Service, Sales and Support of the Contract
Vendor shall provide service, sales and support resources to serve all Customers throughout
the State. It is the responsibility of the Vendor to sell, market, and promote products and
services available under the Contract. Vendor shall use its best efforts to ensure that
potential Customers are made aware of the existence of the Contract. All sales to Customers
for products and services available under the Contract shall be processed through the
Contract.
B.Use of Order Fulfillers
DIR agrees to permit Vendor to utilize designated Order Fulfillers to provide service, sales
and support resources to Customers. Such participation is subject to the following
conditions:
1)Designation of Order Fulfillers
a)
Vendor may designate Order Fulfillers to act as the distributors for products
and services available under the Contract. In designating Order Fulfillers, Vendor
on of Historically
Underutilized Businesses. In addition to the required Subcontracting Plan, Vendor
shall provide DIR with the following Order Fulfiller information: Order Fulfiller
name, Order Fulfiller business address, Order Fulfiller CPA Identification Number,
Order Fulfiller contact person email address and phone number.
b)
DIR reserves the right to require the Vendor to rescind any such Order Fulfiller
participation or request that Vendor name additional Order Fulfillers should DIR
determine it is in the best interest of the State.
c)
compliance with the terms and conditions of the Contract. Vendor shall enter into
contracts with Order Fulfillers and use terms and conditions that are consistent with
the terms and conditions of the Contract.
d)
Vendor shall have the right to qualify Order Fulfillers and their participation
under the Contract provided that: i) any criteria is uniformly applied to all potential
Order Fulfillers based upon
06/21/2016 Page 9 of 31
criteria is not based on a particular procurement, and iii) all Customers are
supported under the different criteria.
e)
Vendor shall not prohibit Order Fulfiller from participating in other
procurement opportunities offered through DIR.
2)Changes in Order Fulfiller List
Vendor may add or delete Order Fulfillers throughout the term of the Contract upon
written authorization by DIR. Prior to adding or deleting Order Fulfillers, Vendor must
make a good faith effort in the revision of its Subcontracting Plan in accordance with
provide DIR with its updated Subcontracting Plan and the Order Fulfiller information
listed in Section 7.B.1.a above.
3)Order Fulfiller Pricing to Customer
Order Fulfiller pricing to the Customer shall comply with the Customer price as stated
within Appendix A, Section 8, Pricing, Purchase Orders, Invoices and Payment, and
as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative
Fee. This pricing shall only be offered by Order Fulfillers to Customers for sales that
pass through the Contract.
C.Product Warranty and Return Policies
Order Fulfiller -currently published policies concerning
product warranties and returns. Product warranty and return policies for Customers will
not be more restrictive or more costly than warranty and return policies for other similarly
situated Customers for like products.
D.Customer Site Preparation
Customers shall prepare and maintain its site in accordance with written instructions
furnished by Order Fulfiller prior to the scheduled delivery date of any product or service
and shall bear the costs associated with the site preparation.
E.Internet Access to Contract and Pricing Information
1)Vendor Webpage
Within thirty (30) calendar days of the effective date of the Contract, Vendor will
establish and maintain a webpage specific to the products and services awarded under
the Contract that are clearly distinguishable from other, non-DIR Contract offerings on
the webpage must include:
a)the products and services awarded;
b)description of product and service awarded
c)a current price list or mechanism (for example, a services calculator or
product builder) to obtain specific contracted pricing;
d)discount percentage (%) off MSRP or List Price;
e)designated Order Fulfillers;
f)contact information (name, telephone number and email address) for Vendor
and designated Order Fulfillers;
06/21/2016 Page 10 of 31
g)instructions for obtaining quotes and placing Purchase Orders;
h)warranty policies;
i)return policies;
j)the DIR Contract number ;
k)a link to the DIR Cooperative Contracts webpage; and
l)the DIR logo in accordance with the requirements of this Section.
If Vendor does not meet the webpage requirements listed above, DIR may cancel the
contract without penalty.
2)Accurate and Timely Contract Information
Vendor warrants and represents that the website information specified in the above
paragraph will be accurately and completely posted, maintained and displayed in an
objective and timely manner. Vendor, at its own expense, shall correct any non-
conforming or inaccurate infor
business days after written notification by DIR.
3)Webpage Compliance Checks
webpage will be conducted by DIR. Upon request by DIR, Vendor shall provide
verifiable documentation that pricing listed upon this webpage is compliant with the
pricing as stated in the Contract.
4)Webpage Changes
webpage in order
to facilitate access to Contract information. The establishment of the link is provided
solely for convenience in carrying out the business operations of the State. DIR reserves
the right to suspend, terminate or remove a link at any time, in its sole discretion,
without advance notice, or to deny a future request for a link. DIR will provide Vendor
with subsequent notice of link suspension, termination or removal. Vendor shall
provide DIR with timely written notice of any change in URL or other information
needed to access the site and/or maintain the link.
5)Use of Access Data Prohibited
If Vendor stores, collects or maintains data electronically as a condition of accessing
Contract information, such data shall only be used internally by Vendor for the purpose
of implementing or marketing the Contract and shall not be disseminated to third parties
or used for other marketing purposes. The Contract constitutes a public document under
the laws of the State and Vendor shall not restrict access to Contract terms and
conditions including pricing, i.e., through use of restrictive technology or passwords.
6)Responsibility for Content
Vendor is solely responsible for administration, content, intellectual property rights,
ite. DIR reserves the right to require a change of
listed content if, in the opinion of DIR, it does not adequately represent the Contract.
06/21/2016 Page 11 of 31
F.DIR Logo
Vendor and Order Fulfiller may use the DIR logo in the promotion of the Contract to
Customers with the following stipulations: (i) the logo may not be modified in any way,
(ii) when displayed, the size of the DIR logo must be equal to or smaller than the Order
Fulfiller logo, (iii) the DIR logo is only used to communicate the availability of products
and services under the Contract to Customers, and (iv) any other use of the DIR logo
requires prior written permission from DIR.
G.Vendor and Order Fulfiller Logo
If DIR receives or prior written approval, DIR may use the
name and logo in the promotion of the Contract to
communicate the availability of products and services under the Contract to Customers. Use
of the logos may be on the DIR website or
Contract and any usage guidelines communicated to DIR from time to time. Nothing
contained in the Contract will giv
rights expressly provided by Vendor and Order Fulfiller.
H.Trade Show Participation
, Vendor and Order Fulfillers may be required to participate in no more
than two DIR sponsored trade shows each calendar year. Vendor understands and agrees
manned booth display or similar presence. DIR will provide four months advance notice of
any required participation. Vendor and Order Fulfillers must display the DIR logo at all
trade shows that potential Customers will attend. DIR reserves the right to approve or
d
I.Orientation Meeting
Within thirty (30) calendar days from execution of the Contract, Vendor and Order Fulfillers
will be required to attend an orientation meeting to discuss the content and procedures of
the Contract to include reporting requirements. DIR, at its discretion, may waive the
orientation requirement for Vendors who have previously held DIR contracts. The meeting
will be held in the Austin, Texas area at a date and time mutually acceptable to DIR and the
Vendor . DIR shall bear no cost for the time and
travel of the Vendor or Order Fulfillers for attendance at the meeting.
J.Performance Review Meetings
under the Contract. The meetings will be held within the Austin, Texas area at a date and
time mutually acceptable to DIR and the Vendor or by teleconference, at D.
DIR shall bear no cost for the time and travel of the Vendor for attendance at the meeting.
K.DIR Cost Avoidance
As part of the performance measures reported to state leadership, DIR must provide the cost
avoidance the State has achieved through the Contract. Upon request by DIR, Vendor shall
provide DIR with a detailed report of a representative sample of products sold under the
06/21/2016 Page 12 of 31
Contract. The report shall contain: product part number, product description, list price and
price to Customer under the Contract.
8.Pricing, Purchase Orders, Invoices, and Payments
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
A. or List Price
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
MSRP is defined as the product sales price list published in some form by the
manufacturer or publisher of a product and available to and recognized by the trade. A
price list especially prepared for a given solicitation is not acceptable.
B.Customer Discount
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
The minimum Customer discount for all products and services will be the percentage
off MSRP as specified in Appendix C, Pricing Index.
C.Customer Price
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED FOR SECTION C1
1)
The price to the Customer shall be calculated as follows:
Customer Price = (MSRP or List Price Customer Discount as set forth in
Appendix C, Pricing Index) x (1 + DIR Administrative Fee, as set forth in the
Contract).
2)
Customers purchasing products and services under this Contract may negotiate more
advantageous pricing or participate in special promotional offers. In such event, a copy
of such better offerings shall be furnished to DIR upon request.
3)
If pricing for products or services available under this Contract is provided by the
Vendor at a lower price to: (i) an eligible Customer who is not purchasing those
products or services under this Contract or (ii) to any other customer under the same
terms and conditions provided for the State for the same commodities and services
under this contract, then the available Customer Price in this Contract shall be adjusted
to that lower price. This requirement applies to products or services quoted by Vendor
or its resellers for a quantity of one (1) under like terms and conditions, and does not
apply to volume or special pricing purchases. Vendor shall notify DIR within ten (10)
days and this Contract shall be amended to reflect the lower price.
D.Shipping and Handling Fees
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
The price to the Customer under this Contract shall include all shipping and handling
fees. No additional fees shall
be charged to the Customer for standard shipping and handling. If the Customer
requests expedited or special delivery, Customer will be responsible for any charges
for expedited or special delivery.
06/21/2016 Page 13 of 31
E.Tax-Exempt
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
As per Section 151.309, Texas Tax Code, Customers under this Contract are exempt
from the assessment of State sales, use and excise taxes. Further, Customers under this
Contract are exempt from Federal Excise Taxes, 26 United States Code Sections
4253(i) and (j). Customers shall provide evidence of tax-exempt status to Vendor upon
request.
F.Travel Expense Reimbursement
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Pricing for services provided under this Contract are exclusive of any travel expenses
that may be incurred in the performance of those services. Travel expense
reimbursement may include personal vehicle mileage or commercial coach
transportation, hotel accommodations, parking and meals; provided, however, the
amount of reimbursement by Customers shall not exceed the amounts authorized for
state employees as adopted by each Customer; and provided, further, that all
reimbursement rates shall not exceed the maximum rates established for state
employees under the current State Travel Management Program
(http://www.window.state.tx.us/procurement/prog/stmp/). Travel time may not be
included as part of the amounts payable by Customer for any services rendered under
this Contract. The DIR administrative fee specified in the Contract is not applicable to
travel expense reimbursement. Anticipated travel expenses must be pre-approved in
writing by Customer. Customer reserves the right not to pay travel expenses which are
not pre-approved in writing by the Customer.
G.Changes to Prices
Subject to the requirements of this section, Vendor may change the price of any product
or service at any time, based upon changes to the MSRP, but discount levels shall
remain consistent with the discount levels specified in this Contract.
Vendor may revise its pricing (but not its discount rate, if any, and not the products or
services on its contract pricing list) by posting a revised pricing list. Such revised
pricing lists are subject to review by DIR.
price has been increased unreasonably, DIR may request Vendor to reduce its pricing
for the product or service to the level published before the revision. Vendor must
reduce its pricing, or remove the product from its pricing list. Failure to do so will
constitute an act of default by Vendor.
H.Purchase Orders
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
All Customer Purchase Orders will be placed directly with the Vendor or Order
Fulfiller. Accurate Purchase Orders shall be effective and binding upon Vendor or
Order Fulfiller when accepted by Vendor or Order Fulfiller. Customer and Vendor
may work together to include specific requirements as to what constitutes a valid
Purchase Order.
Vendors will be required to comply with the disclosure requirements of Section
th
2252.908, Texas Government Code, as enacted by House Bill 1295, 84 Regular
06/21/2016 Page 14 of 31
Session, when execution of a contract requires an action or vote by the governing body
of a governmental entity before the contract may be signed.
I.Invoices
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
1)
Invoices shall be submitted by the Vendor or Order Fulfiller directly to the Customer
and shall be issued in compliance with Chapter 2251, Texas Government Code. All
payments for products and/or services purchased under the Contract and any provision
of acceptance of such products and/or services shall be made by the Customer to the
Vendor or Order Fulfiller. For Customers that are not subject to Chapter 2251, Texas
Government Code, Customer and Vendor will agree to acceptable terms.
2)
Order and include any written changes that may apply, as it relates to products, prices
Purchase Order number or other
pertinent information for verification of receipt of the product or services by the
Customer.
3)
The administrative fee as set forth in the Contract shall not be broken out as a
separate line item when pricing or invoice is provided to Customer.
J.Payments
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Customers shall comply with Chapter 2251, Texas Government Code, in making
payments to Order Fulfiller. The statute states that payments for goods and services are
due thirty (30) calendar days after the goods are provided, the services completed, or a
correct invoice is received, whichever is later. Payment under the Contract shall not
foreclose the right to recover wrongful payments. For Customers that are not subject to
Chapter 2251, Texas Government Code, Customer and Vendor will agree to acceptable
terms.
9.Contract Administration
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED FOR A,C-D
A.Contract Managers
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
DIR and the Vendor will each provide a Contract Manager to support the Contract.
Information regarding the Contract Manager will be posted on the Internet website
designated for the Contract.
1)State Contract Manager
DIR shall provide a Contract Manager whose duties shall include but not be limited to:
i) advising DIR and Vendor compliance with the terms and conditions of
the Contract, ii) periodic verification of product pricing, and iii) verification of monthly
reports submitted by Vendor.
2)Vendor Contract Manager
Vendor shall identify a specific Contract Manager whose duties shall include but not
be limited to: i) supporting the marketing and management of the Contract, ii)
06/21/2016 Page 15 of 31
facilitating dispute resolution between a Order Fulfiller and a Customer, and iii)
advising DIR of Order Fulfillers performance under the terms and conditions of the
-current Contract
Manager if the assigned Contract Manager is not, in the reasonable opinion of DIR,
adequately serving the needs of the State.
B. Reporting and Administrative Fees
1) Reporting Responsibility
a)
Vendor shall be responsible for reporting all products and services purchased
through Vendor and Order Fulfillers under the Contract. Vendor shall file the
monthly reports, subcontract reports, and pay the administrative fees in accordance
with the due dates specified in this section.
b)
DIR shall have the right to verify required reports and to take any actions
necessary to enforce its rights under this section, including but not limited to
Vendor will provide all
required documentation at no cost.
2)Detailed Monthly Report
Vendor shall electronically provide DIR with a detailed monthly report in the format
required by DIR showing the dollar volume of any and all sales under the Contract for
the previous calendar month period. Reports shall be submitted to the DIR Cooperative
th
Contracts E-Mail Box at ict.sales@dir.texas.gov. Reports are due on the fifteenth (15)
th
calendar day after the close of the previous month period. If the 15 calendar day falls
on a weekend or state or federal holiday, the report shall be due on the next business
day. The monthly report shall include, per transaction: the detailed sales for the period,
Customer name, invoice date, invoice number, description, quantity, MSRP or List
Price, unit price, extended price, Customer Purchase Order number, contact name,
the administrative fee due for the reporting
period, subcontractor name, EPEAT designation (if applicable), configuration (if
applicable), contract discount percentage, actual discount percentage, negotiated
contract price (if fixed price is offered in stead of discount off of MSRP), and other
information as required by DIR. Each report must contain all information listed above
per transaction or the report will be rejected and returned to the Vendor for correction
in accordance with this section. Vendor shall report in a manner required by DIR which
is subject to change depende
in contract termination.
3)Historically Underutilized Businesses Subcontract Reports
a)
Vendor shall electronically provide each Customer with relevant
Historically Underutilized Business Subcontracting Report, pursuant to the
Contract, as required by Chapter 2161, Texas Government Code. Reports shall also
be submitted to DIR.
b)
Reports shall be due in accordance with the CPA rules.
4)DIR Administrative Fee
a)
An administrative fee shall be paid by Vendor to DIR to defray the DIR costs
of negotiating, executing, and administering the Contract. The maximum
administrative fee is set by the Texas Legislature in the biennial General
06/21/2016 Page 16 of 31
Appropriations Act. Payment of the administrative fee shall be due on the fifteenth
th
(15) calendar day after the close of the previous month period. DIR may change
the amount of the administrative fee upon thirty (30) calendar days written notice
to Vendor without the need for a formal contract amendment.
b)
Vendor shall reference the DIR Contract number, reporting period, and
administrative fee amount on any remittance instruments.
5)Accurate and Timely Submission of Reports
a)
The reports and administrative fees shall be accurate and timely and submitted
in accordance with the due dates specified in this section. Vendor shall correct any
inaccurate reports or administrative fee payments within three (3) business days
upon written notification by DIR. Vendor shall deliver any late reports or late
administrative fee payments within three (3) business days upon written
notification by DIR. If Vendor is unable to correct inaccurate reports or
administrative fee payments or deliver late reports and fee payments within three
(3) business days, Vendor must contact DIR and provide a corrective plan of action,
including the timeline for completion of correction. The corrective plan of action
shall be subject to DIR approval.
b)
Should Vendor fail to correct inaccurate reports or cure the delay in timely
delivery of reports and payments within the corrective plan of action timeline, DIR
reserves the right to
(and all payments to auditor will require DIR approval).
c)
Failure to timely submit three (3) reports or administrative fee payments within
the addition
of late fees of $100/day for each day the report or payment is due (up to
$1000/month) or suspension or .
C. Records and Audit
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED IN SUBPARAGRAPH ONE (1)
1)
Acceptance of funds under the Contract by Vendor and/or Order Fulfiller acts as
successor agency or
designee, to conduct an audit or investigation in connection with those funds. Vendor
or
designee in the conduct of the audit or investigation, including providing all records
requested. Vendor will ensure that this clause concerning the authority to audit funds
received indirectly by subcontractors through Vendor or directly by Order Fulfillers
and the requirement to cooperate is included in any subcontract or Order Fulfiller
contract it awards pertaining to the Contract. Under the direction of the Legislative
Audit Committee, a Vendor that is the subject of an audit or investigation by the State
h access to any
2)
Vendor and Order Fulfillers shall maintain adequate records to establish
compliance with the Contract until the later of a period of seven (7) years after
termination of the Contract or until full, final and unappealable resolution of all
Compliance Check or litigation issues that arise under the Contract. Such records shall
06/21/2016 Page 17 of 31
include per transaction: the Order Fulfillertomer
name, invoice date, invoice number, description, part number, manufacturer, quantity,
MSRP or list price, unit price, extended price, Customer Purchase Order number,
the calculations supporting each
administrative fee owed DIR under the Contract, Historically Underutilized
Businesses Subcontracting reports, and such other documentation as DIR may request.
3)
Vendor and/or Order Fulfillers shall grant access to all paper and electronic records,
books, documents, accounting procedures, practices, customer records including but
not limited to contracts, agreements, purchase orders and statements of work, and any
other items relevant to the performance of the Contract to the DIR Internal Audit
department or DIR Contract Management staff, including the compliance checks
designated by the DIR Internal Audit department, DIR Contract Management staff, the
designated by DIR for the purposes of inspecting, Compliance Checking and/or
copying such books and records. Vendor and/or Order Fulfillers shall provide copies
and printouts requested by DIR without charge. DIR shall provide Vendor and/or
Order Fulfillers ten (10) business d
Order Fulfillers records, whether paper or electronic, shall be made available during
regular office hours. Vendor and/or Order Fulfiller personnel familiar with the
Internal Audit department, or DIR Contract Management staff and designees as needed.
Vendor and/or Order Fulfiller shall provide adequate office space to DIR staff during
the performance of Compliance Check. If Vendor is found to be responsible for
inaccurate reports, DIR may invoice for the reasonable costs of the audit, which Vendor
must pay within thirty (30) calendar days of receipt.
4)
For procuring State Agencies whose payments are processed by the Texas
Comptroller of Public Accounts, the volume of payments made to Order Fulfillers
through the Texas Comptroller of Public Accounts and the administrative fee based
thereon shall be pres
D. Contract Administration Notification
1)
Prior to execution of the Contract, Vendor shall provide DIR with written
notification of the following: i) Vendor Contract Administrator name and contact
information, ii) Vendor sales representative name and contact information, and iii)
name and contact information of Vendor personnel responsible for submitting reports
and payment of administrative fees specified herein.
2)
Upon execution of the Contract, DIR shall provide Vendor with written notification
of the following: i) DIR Contract Administrator name and contact information, and ii)
DIR Cooperative Contracts E-Mail Box information.
10.Vendor Responsibilities
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED IN C-M, O-S, V-W
06/21/2016 Page 18 of 31
A.Indemnification
1)INDEPENDENT CONTRACTOR
VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE
OF THIS CONTRACT, IT IS FURNISHING PRODUCTS AND SERVICES IN THE
CAPACITY OF AN INDEPENDENT CONTRACTOR AND THAT VENDOR IS
NOT AN EMPLOYEE OF THE CUSTOMER OR THE STATE OF TEXAS.
2)ACTS OR OMISSIONS
Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR
THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL
LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED
COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any
acts or omissions of the Vendor or its agents, employees, subcontractors, Order
Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract
and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE
COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY
GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN
ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT
WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF
THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO
FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH
CLAIM.
3)INFRINGEMENTS
a)
Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third
party claims involving infringement of United States patents, copyrights, trade and
service marks, and any other intellectual or intangible property rights in connection
with thePERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS
CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH
TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE
INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE
COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY
GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS
IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM
THE OFFICE OF THE ATTORNEY GENERAL.
b)
Vendor shall have no liability under this section if the alleged infringement is
caused in whole or in part by: (i) use of the product or service for a purpose or in a
manner for which the product or service was not designed, (ii) any modification
made to the product by
(iv) any intellectual property right owned by or licensed to Customer, or (v) any
06/21/2016 Page 19 of 31
use of the product or service by Customer that is not in conformity with the terms
of any applicable license agreement.
c)
If Vendor becomes aware of an actual or potential claim, or Customer provides
Vendor with notice of an actual or potential claim, Vendor may (or in the case of
: (i)
procure for the Customer the right to continue to use the affected portion of the
product or service, or (ii) modify or replace the affected portion of the product or
service with functionally equivalent or superior product or service so that
non-infringing.
4)PROPERTY DAMAGE
IN THE EVENT OF LOSS, DAMAGE, OR DESTRUCTION OF ANY PROPERTY
OF CUSTOMER OR THE STATE DUE TO THE NEGLIGENCE, MISCONDUCT,
WRONGFUL ACT OR OMISSION ON THE PART OF THE VENDOR, ITS
EMPLOYEES, AGENTS, REPRESENTATIVES, OR SUBCONTRACTORS, THE
VENDOR SHALL PAY THE FULL COST OF EITHER REPAIR,
RECONSTRUCTION, OR REPLACEMENT OF THE PROPERTY, AT THE
SUCH COST SHALL BE DETERMINED BY
THE CUSTOMER AND SHALL BE DUE AND PAYABLE BY THE VENDOR
NINETY (90) CALENDAR DAYS AFTER THE DATE OF THE VENDORS
RECEIPT FROM THE CUSTOMER OF A WRITTEN NOTICE OF THE AMOUNT
DUE.
B.
1)
VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE
EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY
RESPONSIBLE FOR THE LIABILITY AND PAYMEN AND
TAXES OF WHATEVER KIND, ARISING OUT OF
THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO COMPLY
WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH
PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE,
AND WORKERS' COMPENSATION. THE CUSTOMER AND/OR THE STATE
SHALL NOT BE LIABLE TO THE VENDOR, ITS EMPLOYEES, AGENTS, OR
OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF
UNEMPLOYMENT INSURANOMPENSATION OR
ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF
ANOTHER GOVERNMENTAL ENTITY CUSTOMER.
2)
VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS,
THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS,
REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY
AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL
RELATED COSTS, ATTORNSES, RELATING TO TAX
LIABILITY, UNEMPLOYMENT INSURANCE AND/OR
COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT.
VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING
E DEFENSE SHALL BE COORDINATED BY VENDOR
06/21/2016 Page 20 of 31
WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE
AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL.
VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN
NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
C. Vendor Certifications
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Vendor certifies on behalf of Vendor and its designated Order Fulfillers that they:
(i)have not given, offered to give, and do not intend to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to a public servant in connection with
the Contract;
(ii)are not currently delinquent in the payment of any franchise tax owed the
State and are not ineligible to receive payment under §231.006 of the Texas
Family Code and acknowledge the Contract may be terminated and
payment withheld if this certification is inaccurate;
(iii)neither they, nor anyone acting for them, have violated the antitrust laws of
the United States or the State, nor communicated directly or indirectly to
any competitor or any other person engaged in such line of business for the
purpose of obtaining an unfair price advantage;
(iv)have not received payment from DIR or any of its employees for
participating in the preparation of the Contract;
(v)under Section 2155.004, Texas Government Code, the vendor certifies that
the individual or business entity named in this bid or contract is not
ineligible to receive the specified contract and acknowledges that this
contract may be terminated and payment withheld if this certification is
inaccurate;
(vi)to the best of their knowledge and belief, there are no suits or proceedings
pending or threatened against or affecting them, which if determined
adversely to them will have a material adverse effect on the ability to fulfill
their obligations under the Contract;
(vii)Vendor and its principals are not suspended or debarred from doing business
with the federal government as listed in the System for Award Management
(SAM) maintained by the General Services Administration;
(viii)as of the effective date of the Contract, are not listed in the prohibited
vendors list authorized by Executive Order #13224, "Blocking Property and
Prohibiting Transactions with Persons Who Commit, Threaten to Commit,
published by the United States Department of the
Treasury, Office of Foreign Assets Control;
(ix)Vendor represents and warrants that, for its performance of this contract, it
06/21/2016 Page 21 of 31
shall purchase products and materials produced in the State of Texas when
available at the price and time comparable to products and materials
produced outside the state, to the extent that such is required under Texas
Government Code, Section 2155.4441;
(x)agrees that all equipment and materials used in fulfilling the requirements
of this contract are of high-quality and consistent with or better than
applicable industry standards, if any. All Works and Services performed
pursuant to this Contract shall be of high professional quality and
workmanship and according consistent with or better than applicable
industry standards, if any;
(xi)to the extent applicable to this scope of this Contract, Vendor hereby
certifies that it is in compliance with Subchapter Y, Chapter 361, Health
and Safety Code related to the Computer Equipment Recycling Program
and its rules, 30 TAC Chapter 328;
(xii)agree that any payments due under this contract will be applied towards any
debt, including but not limited to delinquent taxes and child support that is
owed to the State of Texas;
(xiii)are in compliance Section 669.003, Texas Government Code, relating to
contracting with executive head of a state agency;
(xiv)represent and warrant that the provision of goods and services or other
performance under the Contract will not constitute an actual or potential
conflict of interest and certify that they will not reasonably create the
appearance of impropriety, and, if these facts change during the course of
the Contract, certify they shall disclose the actual or potential conflict of
interest and any circumstances that create the appearance of impropriety;
(xv)under Section 2155.006, and Section 2261.053, Texas Government Code,
are not ineligible to receive the specified contract and acknowledge that this
contract may be terminated and payment withheld if this certification is
inaccurate;
(xvi)have complied with the Section 556.0055, Texas Government Code,
restriction on lobbying expenditures. In addition, they acknowledge the
applicability of §2155.444 and §2155.4441, Texas Government Code, in
fulfilling the terms of the Contract; and
(xvii)r
appropriated or other funds under this Agreement are not prohibited by
Sections 556.005 or Section 556.008, Texas Government Code.
During the term of the Contract, Vendor shall, for itself and on behalf of its Order
Fulfillers, promptly disclose to DIR all changes that occur to the foregoing
certifications, representations and warranties. Vendor covenants to fully cooperate
in the development and execution of resulting documentation necessary to maintain
an accurate record of the certifications, representations and warranties.
In addition, Vendor understands and agrees that if Vendor responds to certain
Customer pricing requests or Statements of Work, then, in order to contract with
06/21/2016 Page 22 of 31
the Customer, Vendor may be required to comply with additional terms and
conditions or certifications that an individual customer may require due to state and
federal law (e.g., privacy and security requirements).
D. Ability to Conduct Business in Texas
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Vendor and its Order Fulfiller shall be authorized and validly existing under the laws of its
state of organization, and shall be authorized to do business in the State of Texas in
accordance with Texas Business Organizations Code, Title 1, Chapter 9.
E. Equal Opportunity Compliance
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Vendor agrees to abide by all applicable laws, regulations, and executive orders pertaining
to equal employment opportunity, including federal laws and the laws of the State in which
its primary place of business is located. In accordance with such laws, regulations, and
executive orders, the Vendor agrees that no person in the United States shall, on the
grounds of race, color, religion, national origin, sex, age, veteran status or handicap, be
excluded from employment with or participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity performed by Vendor
under the Contract. If Vendor is found to be not in compliance with these requirements
during the term of the Contract, Vendor agrees to take appropriate steps to correct these
deficiencies. Upon request, Vendor will furnish information regarding its
nondiscriminatory hiring and promotion policies, as well as specific information on the
composition of its principals and staff, including the identification of minorities and women
in management or other positions with discretionary or decision-making authority.
F. Use of Subcontractors
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
If Vendor uses any subcontractors in the performance of this Contract, Vendor must make
a good faith effort in the submission of its Subcontracting Plan in accordance with the
(HUB). A revised
Subcontracting Plan shall be required before Vendor can
engage additional subcontractors in the performance of this Contract. A revised
remove subcontractors currently engaged in the performance of this Contract. Vendor shall
remain solely responsible for the performance of its obligations under the Contract.
G. Responsibility for Actions
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
1)
Vendor is solely responsible for its actions and those of its agents, employees, or
subcontractors, and agrees that neither Vendor nor any of the foregoing has any
authority to act or speak on behalf of DIR or the State.
2)
Vendor, for itself and on behalf of its subcontractors, shall report to DIR promptly
when the disclosures under Certification Statement of Exhibit A to the RFO and/or
Section 10.C. (xiii), Vendor Certifications of this Appendix Ato the Contract change.
Vendor covenants to fully cooperate with DIR to update and amend the Contract to
accurately disclose the status of conflicts of interest.
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H. Confidentiality
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
1)
Vendor acknowledges that DIR and Customers that are governmental bodies as
defined by Texas Government Code, Section 552.003 are subject to the Texas Public
Information Act. Vendor also acknowledges that DIR and Customers that are
governmental bodies will comply with the Public Information Act, and with all
opinions of the Texas Attorney Genera
2)
Under the terms of the Contract, DIR may provide Vendor with information related
to Customers. Vendor shall not re-sell or otherwise distribute or release Customer
information to any party in any manner.
I. Security of Premises, Equipment, Data and Personnel
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Vendor and/or Order Fulfiller may, from time to time during the performance of the
Contract, have access to the personnel, premises, equipment, and other property, including
e Customer.
Vendor and/or Order Fulfiller shall use their best efforts to preserve the safety, security,
and the integrity of the personnel, premises, equipment, Data and other property of the
Customer, in accordance with the instruction of the Customer. Vendor and/or Order
Fulfiller shall be responsible for damage to Customer's equipment, workplace, and its
contents when such damage is caused by its employees or subcontractors. If a Vendor
uirements, then
Customer may immediately terminate its Purchase Order and related Service Agreement.
J. Background and/or Criminal History Investigation
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Prior to commencement of any services, background and/or criminal history investigation
of the Vendor and/or Order
services to the Customer under the Contract may be performed by the Customer.. Should
any employee or subcontractor of the Vendor and/or Order Fulfiller who will be providing
services to the Customer under the Contract not be acceptable to the Customer as a result
of the background and/or criminal history check, then Customer may immediately
terminate its Purchase Order and related Service Agreement or request replacement of the
employee or subcontractor in question.
K. Limitation of Liability
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
For any claims or cause of action arising under or related to the Contract: i) to the extend
permitted by the Constitution and the laws of the State, none of the parties shall be liable
to the other for punitive, special, or consequential damages, even if it is advised of the
f any kind to the
Customer shall be limited to the total amount paid to Vendor under the Contract during the
twelve months immediately preceding the accrual of the claim or cause of
action. claims of bodily
injury; violation of intellectual property rights including but not limited to patent,
trademark, or copyright infringement; indemnification requirements under this Contract;
and violation of State or Federal law including but not limited to disclosures of confidential
information and any penalty of any kind lawfully assessed as a result of such violation.
06/21/2016 Page 24 of 31
L.Overcharges
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Vendor hereby assigns to DIR any and all of its claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Section 1,
et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. and Comm.
Code Section 15.01, et seq.
M.Prohibited Conduct
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Vendor represents and warrants that, to the best of its knowledge as of the date of this
certification, neither Vendor nor any Order Fulfiller, subcontractor, firm, corporation,
partnership, or institution represented by Vendor, nor anyone acting for such Order
Fulfiller, subcontractor, firm, corporation or institution has: (1) violated the antitrust laws
of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal
antitrust laws; or (2) communicated its response to the Request for Offer directly or
indirectly to any competitor or any other person engaged in such line of business during
the procurement for the Contract.
N.Required Insurance Coverage
As a condition of this Contract with DIR, Vendor shall provide the listed insurance
coverage within 5 business days of execution of the Contract if the Vendor is awarded
and/or use employer vehicles to conduct work on behalf of Customers. In addition, when
engaged by a Customer to provide services on Customer premises, the Vendor shall, at its
own expense, secure and maintain the insurance coverage specified herein, and shall
provide proof of such insurance coverage to the related Customer within five (5) business
days following the execution of the Purchase Order. Vendor may not begin performance
under the Contract and/or a Purchase Order until such proof of insurance coverage is
provided to, and approved by, DIR and the Customer. All required insurance must be issued
by companies that have an A rating and a Financial Size Category Class of VII from A.M.
Best and are licensed in the State of Texas and authorized to provide the corresponding
coverage. The Customer and DIR will be named as Additional Insureds on all required
coverage. Required coverage must remain in effect through the term of the Contract and
each Purchase Order issued to Vendor there under. The minimum acceptable insurance
provisions are as follows:
1) Commercial General Liability
Commercial General Liability must include $1,000,000 per occurrence for Bodily
Injury and Property Damage, with a separate aggregate limit of $2,000,000; Medical
Expense per person of $5,000; Personal Injury and Advertising Liability of $1,000,000;
Products/Completed Operations Aggregate Limit of $2,000,000; and Damage to
Premises Rented: $50,000. Agencies may require additional Umbrella/Excess Liability
insurance. The policy shall contain the following provisions:
a) Blanket contractual liability coverage for liability assumed under the Contract;
b) Independent Contractor coverage;
c) State of Texas, DIR and Customer listed as an additional insured; and
d) Waiver of Subrogation
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2) Compensation Insurance
N INSURANCE AND EMPL
LIABILITY COVERAGE MUST INCLUDE LIMITS CONSISTENT WITH
STATUTORY BENEFITS OUTLINED IN THE TEXAS
COMPENSATION ACT (ART. 8308-1.01 ET SEQ. TEX. REV. CIV. STAT) AND
MINIMUM POLICY LIMITS FOR EMPLOYERS1,000,000
BODILY INJURY PER ACCIDENT, $1,000,000 BODILY INJURY DISEASE
PER EMPLOYEE AND $1,000,000 PER DISEASE POLICY LIMIT.
3) Business Automobile Liability Insurance
Business Automobile Liability Insurance must cover all owned, non-owned and hired
vehicles with a minimum combined single limit of $500,000 per occurrence for bodily
injury and property damage. The policy shall contain the following endorsements in
favor of DIR and/or Customer:
a) Waiver of Subrogation; and
b) Additional Insured.
O.Use of State Property
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
clocation, or any
other resources of the Customer or the State for any purpose other than performing services
under this Agreement. For this purpose, equipment includes, but is not limited to, copy
machines, computers and telephones using State long distance services. Any charges
y purpose other than performing
services under this Agreement must be fully reimbursed by Vendor to the Customer
immediately upon demand by the Customer. Such use shall constitute breach of contract
and may result in termination of the contract and other remedies available to DIR and
Customer under the contract and applicable law.
P.Immigration
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
The Vendor shall comply with all requirements related to federal immigration laws and
regulations, to include but not be limited to, the Immigration and Reform Act of 1986, the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and the
Immigration Act of 1990 (8 U.S.C.1101, et seq.) regarding employment verification and
retention of verification forms for any individual(s) who will perform any labor or services
under this Contract.
Pursuant to Executive Order No. RP-80, issued by the Governor of Texas on December 3,
2014, and as subsequently clarified, the Vendor shall, as a condition of this Contract, also
comply with the United States Department of Homeland Security¹s E-Verify system to
determine the eligibility of:
all persons 1) to whom the E-Verify system applies, and 2) who are hired
by the Vendor during the term of this Contract to perform duties within Texas; and
06/21/2016 Page 26 of 31
-Verify system applies, and
2) who are hired by the subcontractor during the term of this Contract and assigned
by the subcontractor to perform work pursuant to this Contract.
The Vendor shall require its subcontractors to comply with the requirements of this Section
and the Vendor is responsible for the compliance of its subcontractors. Nothing herein is
intended to exclude compliance by Vendor and its subcontractors with all other relevant
federal immigration statutes and regulations promulgated pursuant thereto.
Q.Public Disclosure
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
No public disclosures or news releases pertaining to this contract shall be made by
Vendor without prior written approval of DIR.
R.Product and/or Services Substitutions
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Substitutions are not permitted without the written permission of DIR or Customer.
S.Secure Erasure of Hard Disk Products and/or Services
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Vendor agrees that all products and/or services equipped with hard disk drives (i.e.
computers, telephones, printers, fax machines, scanners, multifunction devices, etc.) shall
have the capability to securely erase data written to the hard drive prior to final disposition
of such products and/or services, either
ment for
such products and/ services, in accordance with 1 TAC 202.
T.Deceptive Trade Practices; Unfair Business Practices
1)
Vendor represents and warrants that neither Vendor nor any of its Subcontractors
has been (i) found liable in any administrative hearing, litigation or other proceeding
of Deceptive Trade Practices violations as defined under Chapter 17, Texas Business
& Commerce Code, or (ii) has outstanding allegations of any Deceptive Trade Practice
pending in any administrative hearing, litigation or other proceeding.
2)
Vendor certifies that it has no officers who have served as officers of other entities
who (i) have been found liable in any administrative hearing, litigation or other
proceeding of Deceptive Trade Practices violations or (ii) have outstanding allegations
of any Deceptive Trade Practice pending in any administrative hearing, litigation or
other proceeding.
U.Drug Free Workplace Policy
Vendor shall comply with the applicable provisions of the Drug-Free Work Place Act of
1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.) and maintain a drug-
free work environment; and the final rule, government-wide requirements for drug-free
work place (grants), issued by the Office of Management and Budget and the Department
of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free
Work Place Act of 1988 is incorporated by reference and Vendor shall comply with the
06/21/2016 Page 27 of 31
relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
V.Accessiblity of Public Information
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
rd
1)
Pursuant to S.B. 1368 of the 83 Texas Legislature, Regular Session, Vendor is
required to make any information created or exchanged with the State pursuant to this
Contract, and not otherwise excepted from disclosure under the Texas Public
Information Act, available in a format that is accessible by the public at no additional
charge to the State.
2)
Each State government entity should supplement the provision set forth in Subsection
1, above, with the additional terms agreed upon by the parties regarding the specific
format by which the Vendor is required to make the information accessible by the public.
W.Vendor Reporting Requirements
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
Vendor shall comply with Subtitle C, Title 5, Business & Commerce Code, Chapter 109 as
rd
added by HB 2539 of the 83 Texas Legislature, Regular Session, requiring computer
technicians to report images of child pornography.
11.Contract Enforcement
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED TO A, B2, 5-7
A.Enforcement of Contract and Dispute Resolution
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
1)
right thereafter to demand strict compliance with that or any other provision, (ii) for
disputes not resolved in the normal course of business, the dispute resolution process
provided for in Chapter 2260, Texas Government Code, shall be used, and (iii) actions
or proceedings arising from the Contract shall be heard in a state court of competent
jurisdiction in Travis County, Texas.
2)
Disputes arising between a Customer and the Vendor shall be resolved in
accordance with the dispute resolution process of the Customer that is not inconsistent
with subparagraph A.1 above. DIR shall not be a party to any such dispute unless DIR,
Customer, and Vendor agree in writing.
3) State agencies are required by rule (34 TAC §20.108(b)) to report vendor
performance through the Vendor Performance Tracking System (VPTS) on every
purchase over $25,000.
B. Termination
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED FOR 2, 5-7
1)Termination for Non-Appropriation
a) Termination for Non-Appropriation by Customer
Customer may terminate Purchase Orders if funds sufficient to pay its obligations
under the Contract are not appropriated: i) by the governing body on behalf of local
governments; ii) by the Texas legislature on behalf of state agencies; or iii) by
06/21/2016 Page 28 of 31
budget execution authority provisioned to the Governor or the Legislative Budget
Board as provided in Chapter 317, Texas Government Code. In the event of non-
appropriation, Vendor and/or Order Fulfiller will be provided ten (10) calendar
days written notice of intent to terminate. Notwithstanding the foregoing, if a
Customer issues a Purchase Order and has accepted delivery of the product or
services, they are obligated to pay for the product or services or they may return the
product and discontinue using services under any return provisions that Vendor
offers. In the event of such termination, the Customer will not be considered to be
in default or breach under this Contract, nor shall it be liable for any further
payments ordinarily due under this Contract, nor shall it be liable for any damages
or any other amounts which are caused by or associated with such termination.
b) Termination for Non-Appropriation by DIR
DIR may terminate Contract if funds sufficient to pay its obligations under the
Contract are not appropriated: by the i) Texas legislature or ii) by budget execution
authority provisioned to the Governor or the Legislative Budget Board as provided
in Chapter 317, Texas Government Code. In the event of non-appropriation,
Vendor and/or Order Fulfiller will be provided thirty (30) calendar days written
notice of intent to terminate. In the event of such termination, DIR will not be
considered to be in default or breach under this Contract, nor shall it be liable for
any further payments ordinarily due under this Contract, nor shall it be liable for
any damages or any other amounts which are caused by or associated with such
termination.
2)Absolute Right
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
DIR shall have the absolute right to terminate the Contract without recourse in the event
that: i) Vendor becomes listed on the prohibited vendors list authorized by Executive
Order #13224, "Blocking Property and Prohibiting Transactions with Persons Who
C published by the United States
Department of the Treasury, Office of Foreign Assets Control; ii) Vendor becomes
suspended or debarred from doing business with the federal government as listed in the
System for Award Management (SAM) maintained by the General Services
Administration; or (iii) Vendor is found by DIR to be ineligible to hold this Contract
under Subsection (b) of Section 2155.006, Texas Government Code. Vendor shall be
provided written notice in accordance with Section 12.A, Notices, of intent to
terminate.
3)Termination for Convenience
DIR may terminate the Contract, in whole or in part, by giving the other party thirty
(30) calendar days written notice. A Customer may terminate a Purchase Order or other
contractual document or relationship by giving the other party thirty (30) calendar days
written notice.
4)Termination for Cause
a)Contract
06/21/2016 Page 29 of 31
Either DIR or Vendor may issue a written notice of default to the other upon the
occurrence of a material breach of any covenant, warranty or provision of the
Contract, upon the following preconditions: first, the parties must comply with the
requirements of Chapter 2260, Texas Government Code in an attempt to resolve a
dispute; second, after complying with Chapter 2260, Texas Government Code, and
the dispute remains unresolved, then the non-defaulting party shall give the
defaulting party thirty (30) calendar days from receipt of notice to cure said default.
If the defaulting party fails to cure said default within the timeframe allowed, the
non-defaulting party may, at its option and in addition to any other remedies it may
have available, cancel and terminate the Contract. Customers purchasing products
or services under the Contract have no power to terminate the Contract for default.
b)Purchase Order
Customer or Order Fulfiller may terminate a Purchase Order or other contractual
document or relationship upon the occurrence of a material breach of any term or
condition: (i) of the Contract, or (ii) included in the Purchase Order or other
contractual document or relationship in accordance with Section 4.B.2 above, upon
the following preconditions: first, the parties must comply with the requirements of
Chapter 2260, Texas Government Code, in an attempt to resolve a dispute; second,
after complying with Chapter 2260, Texas Government Code, and the dispute
remains unresolved, then the non-defaulting party shall give the defaulting party
ten (10) calendar days from receipt of notice to cure said default. If the defaulting
party fails to cure said default within the timeframe allowed, the non-defaulting
party may, at its option and in addition to any other remedies it may have available,
cancel and terminate the Purchase Order. Customer may immediately suspend or
terminate a Purchase Order without advance notice in the event Vendor fails to
comply with confidentiality, privacy, security requirements, environmental or
safety laws or regulations, if such non-compliance relates or may relate to vendor
provision of goods or services to the Customer.
5)Immediate Termination or Suspension
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
DIR may immediately suspend or terminate this Contract without advance notice if
DIR receives notice or knowledge of potentially criminal violations by Vendor or
Order Fulfiller (whether or not such potential violations directly impact the provision
of goods or services under this Contract). In such case, the Vendor or Order Fulfiller
may be held ineligible to receive further business or payment but may be responsible
for winding down or transition expenses incurred by Customer. DIR or Customer
will use reasonable efforts to provide notice (to the extent allowed by law) to vendor
within five (5) business days after imposing the suspension or termination. Vendor
may provide a response and request an opportunity to present its position. DIR or
Customer will review vendor presentation, but is under no obligation to provide
formal response.
6) Customer Rights Under Termination
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
In the event the Contract expires or is terminated for any reason, a Customer shall retain
its rights under the Contract and the Purchase Order issued prior to the termination or
06/21/2016 Page 30 of 31
expiration of the Contract. The Purchase Order survives the expiration or termination
of the Contract for its then effective term.
7) Vendor or Order Fulfiller Rights Under Termination
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
In the event a Purchase Order expires or is terminated, a Customer shall pay: 1) all
amounts due for products or services ordered prior to the effective termination date and
ultimately accepted, and 2) any applicable early termination fees agreed to in such
Purchase Order.
C. Force Majeure
DIR, Customer, or Order Fulfiller may be excused from performance under the Contract
for any period when performance is prevented as the result of an act of God, strike, war,
civil disturbance, epidemic, or court order, provided that the party experiencing the event
of Force Majeure has prudently and promptly acted to take any and all steps that are within
Majeure. The party suffering an event of Force Majeure shall provide notice of the event
to the other parties when commercially reasonable. Subject to this provision, such non-
performance shall not be deemed a default or a ground for termination. However, a
Customer may terminate a Purchase Order if it is determined by the Customer that Order
Fulfiller will not be able to deliver product or services in a timely manner to meet the
business needs of the Customer.
12.Notification
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
A.Notices
All notices, demands, designations, certificates, requests, offers, consents, approvals and
other instruments given pursuant to the Contract shall be in writing and shall be validly
given on: (i) the date of delivery if delivered by email, facsimile transmission, mailed by
registered or certified mail, or hand delivered, or (ii) three business days after being mailed
via United States Postal Service. All notices under the Contract shall be sent to a party at
the respective address indicated in Section 6 of the Contract or to such other address as
such party shall have notified the other party in writing.
B. Handling of Written Complaints
In addition to other remedies contained in the Contract, a person contracting with DIR may
direct their written complaints to the following office:
Public Information Office
Department of Information Resources
Attn: Public Information Officer
th
300 W. 15 Street, Suite 1300
Austin, Texas 78701
(512) 475-4759, facsimile
13.Captions
Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED
The captions contained in the Contract, Appendices, and its Exhibits are intended for
06/21/2016 Page 31 of 31
convenience and reference purposes only and shall in no way be deemed to define or limit
any provision thereof.
06/21/2016 Page 32 of 31
H
Section 1 (page 2 ) Respondent and Requisition Information
Section 2 a. (page 3) Yes, I will be subcontracting portions of the contract
Section 2 b. (page 3) List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors
Section 2 c. (page 3) Yes
Section 4 (page 4) Affirmation- Sign and date
(page 5) – Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.
Section 1 (page 2) Respondent and Requisition Information
Section 2 a. (page 3) Yes, I will be subcontracting portions of the contract
Section 2 b. (page 3). List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to HUB Protégé (skip Section 2c
and 2d)
Section 4 (page 4) Affirmation- Sign and date
(page 6 & 7) – Complete Section B-1, B-2 and B-4 for each HUB Protégé subcontracting opportunity as applicable
*
Section 1 (page 2) Respondent and Requisition Information
Section 2 a. (page 3) Yes, I will be subcontracting portions of the contract
Section 2 b. (page 3) List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and
Non-HUB vendors
Section 2 c. (page 3) Yes
Section 2 d. (page 3) Yes- Texas Certified HUBs
Section 4 (page 4) Affirmation- Sign and date
(page 5) – Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b
Section 1 (page 2) Respondent and Requisition Information
Section 2 a. (page 3) Yes, I will be subcontracting portions of the contract
Section 2 b. (page 3) List all the portions of work you will subcontract, and indicated the percentage of the contract you expect to award to Texas certified HUB vendors
and Non-HUB vendors
Section 2 c. (page 3) No
Section 2 d. (page 3) No
Section 4 (page 4) Affirmation Sign and date
(page 6 & 7) )- Must submit supporting documentation under Section B-3 & “
Section 1 (page 2) Respondent and Requisition Information
Section 2 a. (page 3) No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources
Section 3 (page 4) Self Performing Justification
4)
Section 4 (page Affirmation - Sign and date
HUBSP(HSP)
UBCONTRACTING LAN
In accordance with Texas Gov’t Code 2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract.
§
Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB
Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).
§
The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals
specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.13 are:
In accordance with 34 TAC §20.14(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its
subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds thestatewide HUB goal or the agency
specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it
will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five years or less shall
qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.
Respondent (Company) Name: State of Texas VID #:
Point of Contact: Phone #:
E-mail Address: Fax #:
Is your company a State of Texas certified HUB? - Yes - No
Requisition/Bid Open/
Contract # Revision Date:
Enter your company’s name here:
Requisition /Contract #:
After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of
work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work,
including goods and services, will be subcontracted. Note: In accordance with 34 TAC §20.11., an “Subcontractor” means a person who contracts with a prime
contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.
Check the appropriate box (Yes or No) that identifies your subcontracting intentions:
- , I will be subcontracting portions of the contract. (If , complete Item b, of this SECTION and continue to Item c of this SECTION.)
- , I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources. (If , continue to SECTION 3
and SECTION 4.)
List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the
contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB
(i.e., Non-HUB).
(Note: If you have more than twelve subcontracting opportunities, a continuation sheet is available online at )
Check the appropriate box (Yes or No) that indicates whether you will be using Texas certified HUBs to perform of the subcontracting opportunities you
listed in SECTION 2, Item b.
-
(If , continue to SECTION 4 complete an “HSP Good Faith Effort - Method A (Attachment A)” for of the subcontracting opportunities you listed.)
-
(If , continue to Item d, of this SECTION.)
Check the appropriate box (Yes or No) that indicates whether the of the contract you will subcontract with Texas certified
HUBs with which you have a continuous contract* in place with for five (5) years or less the HUB goal the contracting agency identified on
page 1 in the “Agency Special Instructions/Additional Requirements”.
-
(If, continue to SECTION 4 complete an “HSP Good Faith Effort - Method A (Attachment A)” for of the subcontracting opportunities you listed.)
-
(If , continue to SECTION 4 complete an “HSP Good Faith Effort - Method B (Attachment B)” for of the subcontracting opportunities you listed.)
Enter your company’s name here:
Requisition/contract #:
Check the appropriate box (Yes or No) that indicates whether your response/proposal contains an explanation demonstrating how your company will fulfill the entire
contract with its own resources.
(If, in the space provided below of your proposal which explains how your company will perform the entire
contract with its own equipment, supplies, materials and/or employees.)
(If, in the space provided below your company will perform the entire contract with its own equipment, supplies, materials and/or
employees.)
As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting
documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition:
The respondent will provide notice as soon as practical to the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded
contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the
subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of
the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s
point of contact for the contract no later than ten (10) working days after the contract is awarded.
The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its
compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at
).
The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different
subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior
approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including
debarment from all state contracting.
The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services
are being performed and must provide documentation regarding staffing and other resources.
Signature Printed Name Title Date
REMINDER:
If you responded “ to , you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for of
the subcontracting opportunities you listed in SECTION 2, Item b.
If you responded “, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for of
the subcontracting opportunities you listed in SECTION 2, Item b.
Enter your company’s name here:
Requisition/Contract #:
If you responded “” to of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method A
(Attachment A)” for of the subcontracting opportunities you listed in of the completed HSP form. You may photo-copy this page or
download the form at
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing
this attachment.
List the subcontractor(s) you selected to perform the subcontracting opportunity you listed above in SECTION A-1. Also identify whether they are a Texas certified
HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether
the company is a Texas certified HUB. HUB VIN #’s can be located at http://www.window.state.tx.us/procurement/cmbl/hubonly.html
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
REMINDER:
As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide
notice as soon as practical to the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the
contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform,
the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A
copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after
the contract is awarded.
5
Enter your company’s name here:
Requisition/Contract #:
If you responded “” to of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B
(Attachment B)” for of the subcontracting opportunities you listed in of the completed HSP form. You may photo-copy this page or
download the form at
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing
this attachment.
If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a
subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that
specific portion of work.
Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé.
(If , to continue to SECTION B-4.)
(If or , continue to SECTION B-3 and SECTION B-4.)
When completing this section you MUST comply with items ,, and , thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and
minority or women trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope
of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact
person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also
available online at
Retain supporting documentation (i.e., certified letter, fax, e-mail) demonstrating evidence of your good faith effort to notify the Texas certified HUBs and minority or
women trade organizations or development centers. Also, be mindful that a working day is considered a normal business day of a state agency, not including
weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is
sent/provided to the HUBs and to the minority or women trade organizations or development centers is considered to be “day zero” and does not count as one of the
seven (7) working days.
Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs.Unless the contracting
agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to your submitting your bid
response to the contracting agency. When searching for Texas certified HUBs, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL)
and Historically Underutilized Business (HUB) Search directory located at . HUB Status
code “” signifies that the company is a Texas certified HUB.
List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Vendor ID (VID)
number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.
- -
- -
- -
Provide written notifcation of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more minority or women trade organizations or
development centers in Texas to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the
contracting agency specified a different time period, you must provide your subcontracting opportunity notice to minority or women trade organizations or
development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and
development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage
at
List two (2)minority or women trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1.
Include the date when you sent notice to it and indicate if it accepted or rejected your notice.
- -
- -
6
Enter your company’s name here:
Requisition/Contract #:
Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.
List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in . Also identify whether they are a Texas certified HUB
and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the
company is a Texas certified HUB. HUB VIN #’s can be located at http://www.window.state.tx.us/procurement/cmbl/hubonly.html
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is a Texas certified HUB, provide written
justification for your selection process (attach additional page if necessary):
REMINDER:
As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide
notice as soon as practical to the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the
contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the
approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of
the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the
contract is awarded.
hǒƩ ŅźƩƒ ƒǒƭƷ ƩĻĭĻźǝĻ ǤƚǒƩ Ĭźķ ƩĻƭƦƚƓƭĻ Ʒƚ Ʒŷźƭ ƭǒĬĭƚƓƷƩğĭƷźƓŭ ƚƦƦƚƩƷǒƓźƷǤ Ɠƚ ƌğƷĻƩ Λ5ğƷĻΜ ǤƌźŭŷƷ {ƷğƓķğƩķ źƒĻ ƚƓʹ ƷŷğƓ ЎʹЉЉ t͵a͵Ͳ /ĻƓƷƩğƌ 5ğ
In accordance with Texas Gov’t Code, Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits
bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. The state agency I have identified
below
in has determined that subcontracting opportunities are probable under the requisition to which my company will be responding.
34 Texas Administrative Code, §20.14 requires all respondents (prime contractors) bidding on the contract to provide notice of each of their subcontracting opportunities to at least
three (3)
Texas certified HUBs (who work within the respective industry applicable to the subcontracting opportunity), and allow the HUBs at least seven (7) working days to respond to the notice
prior
to the respondent submitting its bid response to the contracting agency. In addition, the respondent must provide notice of each of its subcontracting opportunities to minority/women
trade
organizations or development centers at least seven (7) working days prior to submitting its bid response to the contracting agency.
We respectfully request that vendors interested in bidding on the subcontracting opportunity identified in reply no later than the date and time identified in .
Submit your response to the point-of-contact referenced in .
-
-
-
APPENDIX C - PRICING INDEX
DIR-SDD-2503
as amended by Amendment Number 3
DIR Customer Discount (from
Publisher Discount Level)
Publisher CategoryPublisher Discount Level
Microsoft:
Enterprise Agreement (comprised of
subcategories as listed below)
Office Professional/StandardLevel D less 7.5%
Windows Pro Desktop Operating SystemLevel D less 7.5%
Core CAL/Enterprise CAL Suite (to include
stand alone components)Level D less 6%
All other or additional EA licensingLevel D17.75%
Enterprise Subscription AgreementLevel D less 2%17.75%
Select GovernmentLevel D17.75%
Select Plus AcademicLevel D17.75%
Campus Agreement: Online ServicesLevel B5.00%
Campus Agreement: All other productsLevel B14.00%
Novell Master License Agreement:
Education License and Value Added ServiceMLA Level 5 42.00%
Government License and Value Added
ServiceMLA Level 542.00%
Amendment 3
Page 1 of 1
Dated September 2014
AMENDMENT NUMBER 1
TO
CONTRACT NUMBER DIR-SDD-2503
BETWEEN
STATE OF TEXAS, ACTING BY AND THROUGH THE DEPARTMENT OF
INFORMATION RESOURCES
AND
SHI GOVERNMENT SOLUTIONS, INC.
This Amendment Number 1 to Contract Number DIR-SDD-2503
SHI Government Solutions, Inc.
(
follows:
Contract, Section 4. Pricing, C. Customer Price, paragraph 3),
1.is hereby restated in
its entirety as follows:
3)
If pricing for products or services available under this Contract is provided by
the Vendor at a lower price to: (i) an eligible Customer who is not purchasing those
products or services under this Contract or (ii) to any other customer under the
same terms and conditions provided for the State for the same commodities and
services under this contract, then the available Customer Price in this Contract shall
be adjusted to that lower price. This requirement applies to products or services
quoted by Vendor or its resellers for a quantity of one (1) under like terms and
conditions, and does not apply to volume or special pricing purchases. Vendor shall
notify DIR within ten (10) days and this Contract shall be amended to reflect the
lower price.
Contract, Section 4. Pricing, E. Shipping and Handling Fees,
2.is hereby restated in
its entirety as follows:
E. Shipping and Handling Fees
The price to the Customer under this Contract shall include all shipping and
additional fees shall be charged to the Customer for standard shipping and
handling. If the Customer requests expedited or special delivery, Customer will be
responsible for any charges for expedited or special delivery.
Contract, Section 4. Pricing, H. Changes to Prices,
3.is hereby restated in its entirety
as follows:
H. Changes to Prices
Subject to the requirements of this section, Vendor may change the price of any
product or service at any time, based upon changes to the Publisher Discount Level,
but discount levels shall remain consistent with the discount levels specified in this
Contract.
Amendment Number 1
1 of 14
DIR-SDD-2503
1)
Price increase or decrease change requests must be requested with a signed
cover letter indicating the change in price. Price increase requests must be
2)
Price decreases shall take effect automatically during the term of this Contract
and shall be passed onto the Customer immediately.
3)
Requests for price increases will be accepted or rejected by DIR within thirty
(30) calendar days after receipt of a properly submitted request. Increases that are
not accepted within thirty (30) calendar days will be deemed rejected. If a properly
submitted increase is rejected, Vendor may request that the product or service
rejected be removed from the Contract. The product or service will be removed
from the Contract upon execution of a written Contract amendment, which shall be
transmitted to Vendor by DIR within thirty (30) calendar days after receipt of the
written request to remove the product or service and executed by both parties
without undue delay. Existing pricing must be honored up to the date of execution
of the Contract amendment. Prices may not be increased for at least ninety (90)
days after the contract start date. Price reductions will be accepted at any time.
Contract, Section 5. DIR Administrative Fee, A),
4.is hereby restated in its entirety as
follows:
5. DIR Administrative Fee
A)
The administrative fee to be paid by the Vendor to DIR based on the dollar
value of all sales to Customers pursuant to this Contract is three quarters of one
percent (.75%). Payment will be calculated for all sales, net of returns and credits.
For example, the administrative fee for sales totaling $100,000 shall be $750.00.
The effective date of this change will be January 1, 2014.
Contract, Section 6. Notification,
5.is hereby restated in its entirety as follows:
All notices under this Contract shall be sent to a party at the respective address
indicated below.
If sent to the State:
Mary Cheryl Dorwart, Director
Technology Sourcing Office
Department of Information Resources
th
300 W. 15 St. Suite 1300
Austin, Texas 78701
Phone: (512) 475-4700
Facsimile: (512) 475-4759
If sent to the Vendor:
Darron Gross
SHI Government Solutions, Inc.
1301 South Mo-Pac Expressway, Suite 375
Austin, Texas 78746
Phone: (512) 732-8021
Facsimile: (512) 732-0232
Amendment Number 1
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DIR-SDD-2503
Email: Darron_Gross@shi.com
Contract, Section 7. Software License and Service Agreements, C) Conflicting or
6.
Additional Terms,
is hereby added as follows:
C) Conflicting or Additional Terms
In the event that conflicting or additional terms in Vendor Software License
Agreements, Shrink/Click Wrap License Agreements, Service Agreements or
linked or supplemental documents amend or diminish the rights of DIR Customers
or the State, such conflicting or additional terms shall not take precedence over the
terms of this Contract.
Appendix A, Section 3. Definitions, item E.,
7.is hereby restated in its entirety as
follows:
E. Day
shall mean business days, Monday through Friday, except for State and
Federal holidays, unless otherwise specified as calendar days. If the Contract calls
for performance on a day that is not a business day, then performance is intended to
occur on the next business day.
Appendix A, Section 4. General Provisions, D. Assignment,
8.is hereby restated in its
entirety as follows:
D. Assignment
DIR or Vendor may assign the Contract without prior written approval to: i) a
successor in interest (for DIR, another state agency as designated by the Texas
Legislature), or ii) a subsidiary, parent company or affiliate, or iii) as necessary to
satisfy a regulatory requirement imposed upon a party by a governing body with
the appropriate authority. Assignment of the Contract under the above terms shall
require written notification by the assigning party and, for Vendor, a mutually
agreed written Contract amendment. Any other assignment by a party shall require
the written consent of the other party and a mutually agreed written Contract
amendment.
Appendix A, Section 4. General Provisions, E. Survival,
9.is hereby restated in its
entirety as follows:
E. Survival
All applicable software license agreements, warranties or service agreements that
were entered into between Vendor and a Customer under the terms and conditions
of the Contract shall survive the expiration or termination of the Contract. All
Purchase Orders issued and accepted by Vendor or Order Fulfiller shall survive
expiration or termination of the Contract. Rights and obligations under this
Contract which by their nature should survive, including, but not limited to any and
all payment obligations invoiced prior to the termination or expiration hereof;
obligations of confidentiality; and, indemnification, will remain in effect after
termination or expiration hereof.
Amendment Number 1
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DIR-SDD-2503
Appendix A, Section 4. General Provisions, H. Proof of Financial Stability,
10. is
hereby added as follows:
H. Proof of Financial Stability
Either DIR or Customer may require Vendor to provide proof of financial stability
prior to or at any time during the contract term.
Appendix A, Section 5. Product Terms and Conditions, A.
11.is hereby updated in its
entirety as follows:
A. Electronic and Information Resources Accessibility Standards, As
Required by 1 TAC Chapters 206 and 213 (Applicable to State Agency and
Institution of Higher Education Purchases Only)
1)
Effective September 1, 2006 state agencies and institutions of higher education
shall procure products which comply with the State Accessibility requirements for
Electronic and Information Resources specified in 1 TAC Chapters 206 and 213
when such products are available in the commercial marketplace or when such
products are developed in response to a procurement solicitation.
2)
Upon request, but not later than thirty (30) calendar days after request, Vendor
shall provide DIR with a completed Voluntary Product Accessibility Template
(VPAT) of the specified product or a URL to the VPAT for reviewing compliance
with the State Accessibility requirements (based on the federal standards
established under Section 508 of the Rehabilitation Act).
Appendix A, Section 5. Product Terms and Conditions, B. Purchase of
12.
Commodity Items (Applicable to State Agency Purchases Only), paragraph 1),
is
hereby updated in its entirety as follows:
1)
Texas Government Code, §2157.068 requires State agencies to buy commodity
items, as defined in 6.B.2, below, in accordance with contracts developed by DIR,
unless the agency obtains an exemption from DIR or a written certification that a
commodity is not on DIR contract (for the limited purpose of purchasing from a
local government purchasing cooperative).
Appendix A, Section 6. Contract Fulfillment and Promotion, B. Use of Order
13.
Fulfillers, paragraph 3) Order Fulfiller Pricing to Customer,
is hereby restated in
its entirety as follows:
3) Order Fulfiller Pricing to Customer
Order Fulfiller pricing to the Customer shall comply with the Customer price as
stated within Section 4 of the Contract, and as set forth in Appendix C, Pricing
Index, and shall include the DIR Administrative Fee. This pricing shall only be
offered by Order Fulfillers to Customers for sales that pass through the Contract.
Amendment Number 1
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DIR-SDD-2503
Appendix A, Section 6. Contract Fulfillment and Promotion, E. Internet Access to
14.
Contract and Pricing Information, 1) Vendor Website,
is hereby restated in its
entirety as follows:
1)Vendor Website
Within thirty (30) calendar days of the effective date of the Contract, Vendor will
establish and maintain a website specific to the product and service offerings under
the Contract which is clearly distinguishable from other, non-DIR Contract
offe
offered, product and service specifications, specific contract pricing expressed in
dollars as well as discount off MSRP or List Price, designated Order Fulfillers,
contact information for Vendor and designated Order Fulfillers, instructions for
obtaining quotes and placing Purchase Orders, and warranty and return policies.
Information and Communications Technology Cooperative Contracts program,
display the DIR logo in accordance with the requirements in paragraph F of this
Section, and contain a link to the DIR website for the Contract.
Appendix A, Section 6. Contract Fulfillment and Promotion, E. Internet Access to
15.
Contract and Pricing Information, 3) Website Compliance Checks,
is hereby
restated in its entirety as follows:
3) Website Compliance Checks
website will be conducted by DIR. Upon request by DIR, Vendor shall provide
verifiable documentation that pricing listed upon this website is compliant with the
pricing as stated in the Contract.
Appendix A, Section 6. Contract Fulfillment and Promotion, E. Internet Access to
16.
Contract and Pricing Information, 4) Website Changes,
is hereby restated in its
entirety as follows:
4)Website Changes
order to facilitate access to Contract information. The establishment of the link is
provided solely for convenience in carrying out the business operations of the State.
DIR reserves the right to suspend, terminate or remove a link at any time, in its sole
discretion, without advance notice, or to deny a future request for a link. DIR will
provide Vendor with subsequent notice of link suspension, termination or removal.
Vendor shall provide DIR with timely written notice of any change in URL or other
information needed to access the site and/or maintain the link.
Appendix A, Section 6. Contract Fulfillment and Promotion, I. Orientation
17.
Meeting,
is hereby restated in its entirety as follows:
I.Orientation Meeting
Within thirty (30) calendar days from execution of the Contract, Vendor and Order
Fulfillers will be required to attend an orientation meeting to discuss the content and
Amendment Number 1
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DIR-SDD-2503
procedures of the Contract. DIR, at its discretion, may waive the orientation
requirement for Vendors who have previously held DIR contracts. The meeting will
be held in the Austin, Texas area at a date and time mutually acceptable to DIR and
time and travel of the Vendor or Order Fulfillers for attendance at the meeting.
Appendix A, Section 6. Contract Fulfillment and Promotion, J. Performance
18.
Review Meetings,
is hereby restated in its entirety as follows:
J.Performance Review Meetings
DIR will require
performance under the Contract. The meetings will be held within the Austin, Texas
area at a date and time mutually acceptable to DIR and the Vendor or by
DIR shall bear no cost for the time and travel of
the Vendor for attendance at the meeting.
Appendix A, Section 8. Contract Administration, A. Contract Administrators,
19.is
A. Contract Managers,
hereby renamed AND is hereby restated in its entirety as
follows:
A.Contract Managers
DIR and the Vendor will each provide a Contract Manager to support the Contract.
Information regarding the Contract Manager will be posted on the Internet website
designated for the Contract.
1)State Contract Manager
DIR shall provide a Contract Manager whose duties shall include but not be
and conditions of the Contract, ii) periodic verification of product pricing, and
iii) verification of monthly reports submitted by Vendor.
2)Vendor Contract Manager
Vendor shall provide a dedicated Contract Manager whose duties shall include
but not be limited to: i) supporting the marketing and management of the
Contract, ii) facilitating dispute resolution between a Order Fulfiller and a
Customer, and iii) advising DIR of Order Fulfillers performance under the
terms and conditions of the Contract. DIR reserves the right to require a change
-current Contract Manager if the assigned Contract Manager is
not, in the reasonable opinion of DIR, adequately serving the needs of the State.
Appendix A, Section 8, Contract Administration, B. Reporting and
20.
Administrative Fees, paragraph 2) Detailed Monthly Report,
is hereby restated in
its entirety as follows:
2) Detailed Monthly Report
Vendor shall electronically provide DIR with a detailed monthly report in the
format required by DIR showing the dollar volume of any and all sales under the
Contract for the previous calendar month period. Reports shall be submitted to the
Amendment Number 1
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DIR-SDD-2503
DIR ICT Cooperative Contracts E-Mail Box at ict.sales@dir.texas.gov. Reports
th
are due on the fifteenth (15) calendar day after the close of the previous month
period. The monthly report shall include, per transaction: the detailed sales for the
period, Customer name, invoice date, invoice number, description, quantity, MSRP
or List Price, unit price, extended price, Customer Purchase Order number, contact
the administrative fee due for the
reporting period, and other information as required by DIR. Each report must
contain all information listed above per transaction or the report will be rejected
and returned to the Vendor for correction in accordance with this section.
Appendix A, Section 8, Contract Administration, B. Reporting and
21.
Administrative Fees, paragraph 4) DIR Administrative Fee, item b),
is hereby
restated in its entirety as follows:
b)
Vendor shall reference the DIR Contract number, reporting period, and
administrative fee amount on any remittance instruments.
Appendix A, Section 8, Contract Administration, B. Reporting and
22.
Administrative Fees, paragraph 5) Accurate and Timely Submission of Reports,
item c),
is hereby restated in its entirety as follows:
c)
Failure to timely submit three (3) reports or administrative fee payments within
discretion, result in the
addition of a late fee penalty of $100/day for each day the report or payment is due
Appendix A, Section 9, Vendor Responsibilities, A. Indemnification,
23.is hereby
restated in its entirety as follows:
A.Indemnification
1) INDEPENDENT CONTRACTOR
VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE
EXISTENCE OF THIS CONTRACT, IT IS FURNISHING OF PRODUCTS AND
SERVICES IN THE CAPACITY OF AN INDEPENDENT CONTRACTOR AND
THAT VENDOR IS NOT AN EMPLOYEE OF THE CUSTOMER OR THE
STATE OF TEXAS.
2) Acts or Omissions
Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL
LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL
RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or
resulting from any acts or omissions of the Vendor or its agents, employees,
subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or
performance of the Contract and any Purchase Orders issued under the Contract.
THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE
OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES
Amendment Number 1
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DIR-SDD-2503
ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT
AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL.
VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN
NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
3) Infringements
a)
Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third
party claims involving infringement of United States patents, copyrights, trade and
service marks, and any other intellectual or intangible property rights in connection
with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS
CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH
TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE
INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE
COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY
GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS
IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM
THE OFFICE OF THE ATTORNEY GENERAL.
b)
Vendor shall have no liability under this section if the alleged infringement is
caused in whole or in part by: (i) use of the product or service for a purpose or in a
manner for which the product or service was not designed, (ii) any modification
instructions,
(iv) any intellectual property right owned by or licensed to Customer, or (v) any use
of the product or service by Customer that is not in conformity with the terms of
any applicable license agreement.
c)
If Vendor becomes aware of an actual or potential claim, or Customer provides
Vendor with notice of an actual or potential claim, Vendor may (or in the case of an
procure for the Customer the right to continue to use the affected portion of the
product or service, or (ii) modify or replace the affected portion of the product or
service with functionally equivalent or superior product or service so that
-infringing.
Appendix A, Section 9, Vendor Responsibilities, B.
24.
Compensation/UNEMPLOYMENT INSURANCE,
is hereby restated in its entirety
as follows:
1)
VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE
EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY
RESPONSIBLE FOR THE LIABILITY AND PAYMENT
Amendment Number 1
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DIR-SDD-2503
AND TAXES OF WHATEVER KIND, ARISING
OUT OF THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES
TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO
ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES,
INSURANCE, AND WORKERS' COMPENSATION. THE CUSTOMER
AND/OR THE STATE SHALL NOT BE LIABLE TO THE VENDOR, ITS
EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR
THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR
N OR ANY BENEFIT AVAILABLE TO A
STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL
ENTITY CUSTOMER.
2)
VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS
CUSTOMERS, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES,
AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES
FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR
SUITS, AND ALL RELAT FEES, AND
EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT
INSURANCE AND/OR WORN ITS
PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BE
LIABLE TO PAY ALL COSTS OF DEFENSE INCLU
FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH
THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE
AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND
VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST
OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE
ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO
FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH
CLAIM.
Appendix A, Section 9. Vendor Responsibilities, C. Vendor Certifications, item
25.
(vii) only is restated and the rest of the section is renumbered
in its entirety as
follows:
(vii)Vendor and its principals are not suspended or debarred from doing
business with the federal government as listed in the Excluded Parties List
System (EPLS) maintained by the General Services Administration;
(viii)as of the effective date of the Contract, are not listed in the prohibited
vendors list authorized by Executive Order #13224, "Blocking Property
and Prohibiting Transactions with Persons Who Commit, Threaten to
published by the United States
Department of the Treasury, Office of Foreign Assets Control;
(ix)to the extent applicable to this scope of this Contract, Vendor hereby
certifies that it is in compliance with Subchapter Y, Chapter 361, Health
and Safety Code related to the Computer Equipment Recycling Program
and its rules, 30 TAC Chapter 328;
Amendment Number 1
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DIR-SDD-2503
(x)agree that any payments due under this contract will be applied towards
any debt, including but not limited to delinquent taxes and child support
that is owed to the State of Texas;
(xi)are in compliance Section 669.003, Texas Government Code, relating to
contracting with executive head of a state agency;
(xii)have identified all current or former, within the last five years, employees
of the State assigned to work on the DIR Contract 20% or more of their
time and have disclosed them to DIR and have disclosed or do not
employ any relative of a current or former state employee within two
degrees of consanguinity, and, if these facts change during the course of
the Contract, certify they shall disclose the name and other pertinent
information about the employment of current and former employees and
their relatives within two degrees of consanguinity;
(xiii)represent and warrant that the provision of goods and services or other
performance under the Contract will not constitute an actual or potential
conflict of interest and certify that they will not reasonably create the
appearance of impropriety, and, if these facts change during the course of
the Contract, certify they shall disclose the actual or potential conflict of
interest and any circumstances that create the appearance of impropriety;
(xiv)under Section 2155.006, Government Code, are not ineligible to receive
the specified contract and acknowledge that this contract may be
terminated and payment withheld if this certification is inaccurate; and
(xv)have complied with the Section 556.0055, Texas Government Code,
restriction on lobbying expenditures. In addition, they acknowledge the
applicability of §2155.444 and §2155.4441, Texas Government Code, in
fulfilling the terms of the Contract.
Appendix A, Section 9. Vendor Responsibilities, K. Limitation of Liability,
26.is
hereby restated in its entirety as follows:
K. Limitation of Liability
For any claim or cause of action arising under or related to the Contract: i) to the
extent permitted by the Constitution and the laws of the State, none of the parties
shall be liable to the other for punitive, special, or consequential damages, even if it
of any kind to the Customer shall be limited to the total amount paid to Vendor
under the Contract during the twelve months immediately preceding the accrual of
the claim or cause of action.
not apply to claims of bodily injury; violation of intellectual property rights
including but not limited to patent, trademark, or copyright infringement;
indemnification requirements under this Contract; and violation of State or Federal
law including but not limited to disclosures of confidential information and any
penalty of any kind lawfully assessed as a result of such violation.
Amendment Number 1
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DIR-SDD-2503
Appendix A, Section 9. Vendor Responsibilities, N. Required Insurance Coverage,
27.
is hereby restated in its entirety as follows:
N. Required Insurance Coverage
As a condition of this Contract with DIR, Vendor shall provide the listed insurance
coverage within 5 days of execution of the Contract if the Vendor is awarded
premises and/or use employer vehicles to conduct work on behalf of Customers. In
addition, when engaged by a Customer to provide services on Customer premises,
the Vendor shall, at its own expense, secure and maintain the insurance coverage
specified herein, and shall provide proof of such insurance coverage to the related
Customer within five (5) business days following the execution of the Purchase
Order. Vendor may not begin performance under the Contract and/or a Purchase
Order until such proof of insurance coverage is provided to, and approved by, DIR
and the Customer. All required insurance must be issued by companies that are A
rated by A.M. Best, licensed in the State of Texas, and authorized to provide the
corresponding coverage. The Customer and DIR will be named as Additional
Insureds on all required coverage. Required coverage must remain in effect through
the term of the Contract and each Purchase Order issued to Vendor there under.
The minimum acceptable insurance provisions are as follows:
1) Commercial General Liability
Commercial General Liability must include a combined single limit of
$1,000,000 per occurrence for coverage A, B, & C including
products/completed operations, where appropriate, with a separate aggregate
limit of $2,000,000. \[Medical Expense each person: $5,000; Personal Injury
and Advertising Liability: $1,000,000; Products /Completed Operations
Aggregate Limit: $2,000,000; Damage to Premises Rented to You: $50,000\]
Agencies may require additional Umbrella/Excess Liability insurance. The
policy shall contain the following provisions:
a) Blanket contractual liability coverage for liability assumed under the
Contract;
b) Independent Contractor coverage;
c) State of Texas, DIR and Customer listed as an additional insured;
d) 30-day Notice of Termination in favor of DIR and/or Customer; and
e) Waiver of Transfer Right of Recovery Against Others in favor of DIR and/or
Customer.
2)
N INSURANCE AND EMPL
LIABILITY COVERAGE MUST INCLUDE LIMITS CONSISTENT
WITH STATUTORY BENEFITS OUTLINED IN THE TEXAS
N ACT (ART. 8308-1.01 ET SEQ. TEX.
REV. CIV. STAT) AND MINIMUM POLICY LIMITS FOR
Amendment Number 1
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DIR-SDD-2503
OF $1,000,000 BODILY INJURY PER
ACCIDENT, $1,000,000 BODILY INJURY DISEASE POLICY LIMIT
AND $1,000,000 PER DISEASE PER EMPLOYEE.
3) Business Automobile Liability Insurance
Business Automobile Liability Insurance must cover all owned, non-owned and
hired vehicles with a minimum combined single limit of $500,000 per
occurrence for bodily injury and property damage. Alternative acceptable limits
are $250,000 bodily injury per person, $500,000 bodily injury per occurrence
and at least $100,000 property damage liability per accident. The policy shall
contain the following endorsements in favor of DIR and/or Customer:
a) Waiver of Subrogation;
b) 30-day Notice of Termination; and
c) Additional Insured.
Appendix A, Section 9. Vendor Responsibilities, V. Accessibility of Public
28.
Information,
is hereby added in its entirety as follows:
V. Accessibility of Public Information
rd
1)
Pursuant to S.B. 1368 of the 83 Texas Legislature, Regular Session, Vendor is
required to make any information created or exchanged with the State pursuant to
this Contract, and not otherwise excepted from disclosure under the Texas Public
Information Act, available in a format that is accessible by the public at no
additional charge to the State.
2)
Each State government entity should supplement the provision set forth in
Subsection A, above, with the additional terms agreed upon by the parties
regarding the specific format by which the Vendor is required to make the
information accessible by the public.
Appendix A, Section 9. Vendor Responsibilities, W. Vendor Reporting
29.
Requirements,
is hereby added in its entirety as follows:
W. Vendor Reporting Requirements
Vendor shall comply with Subtitle C, Title 5, Business & Commerce Code, chapter
rd
109 as added by HP 2539 of the 83 Texas Legislature, Regular Session, requiring
computer technicians to report images of child pornography.
Appendix A, Section 10. Contract Enforcement, A. Enforcement of Contract and
30.
Dispute Resolution, paragraph 3),
is hereby added in its entirety as follows:
3)
State agencies are required by rule (34 TAC §20.108(b)) to report vendor
performance through the Vendor Performance Tracking System (VPTS) on every
purchase over $25,000.
Amendment Number 1
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DIR-SDD-2503
Appendix A, Section 10, Contract Enforcement, B. Termination, 3) Termination
31.
for Convenience,
is hereby restated in its entirety as follows:
3)Termination for Convenience
DIR may terminate the Contract, in whole or in part, by giving the other party
thirty (30) calendar days written notice. A Customer may terminate a Purchase
Order by giving the other party thirty (30) calendar days written notice.
Appendix C, Pricing Index, Appendix C,
32.is hereby replaced in its entirety with
Pricing Index, dated December 2013.
All other terms and conditions of the Contract as amended, not specifically modified
herein, shall remain in full force and effect. DIR retains the right to require further
amendment to the Contract to update its terms and conditions as may be reasonable,
necessary or required. In the event of conflict among the provisions, the order of
precedence shall be this Amendment Number 1, and then the Contract.
(Balance of this page intentionally left blank.)
Amendment Number 1
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DIR-SDD-2503
IN WITNESS WHEREOF,
the parties hereby execute this amendment to be effective as
of the date of the last signature.
SHI Government Solutions, Inc.
Authorized By: /Signature on File/
Name: Thomas M. Nestor
Title: Director of Contracts
Date: 12/24/2013
The State of Texas, acting by and through the Department of Information Resources
Authorized By: /Signature on File/________
Name: Karen Robinson
Title: Executive Director
Date: ___12/31/13__________________________
Legal: __/Signature on File/___12/30/13_______
Amendment Number 1
14 of 14
DIR-SDD-2503
Amendment Number 2
to
Contract Number DIR-SDD-2503
between
State of Texas, acting by and through the Department of Information Resources
and
SHI GOVERNMENT SOLUTIONS, INC,
This Amendment Number 2 to Contract Number DIR-SDD-
the
follows:
Contract, Section 2. Term of Contract
1.is hereby amended as follows:
The term of this Contract is hereby renewed through September 15, 2014. Prior to
this expiration date the parties may renew the Contract upon mutual agreement
through August 15, 2015, completing the remainder eleven (11) months of one (1)
renewal option leaving two (2) one-year renewal terms.
All other terms and conditions of the Contract, not specifically modified herein, shall
remain in full force and effect. In the event of conflict among the provisions, the order of
precedence shall be this Amendment Number 2, then Amendment Number 1, and then
the Contract.
(Balance of this page intentionally left blank)
Amendment Number 2
DIR-SDD-2503
Page 1 of 2
IN WITNESS WHEREOF,
the parties hereby execute this amendment to be effective as
of the date of the last signature, but in all events, no later than August 15, 2014.
SHI GOVERNMENT SOLUTIONS, INC.
Authorized By: Signature on File
Name: Natalie Slowik
Title: Contracts Manager
Date: 8/14/14
The State of Texas, acting by and through the Department of Information
Resources
Authorized By: __Signature on File__________
Name: Karen Robinson
Title: Executive Director
Date: _______8/22/14_____________________
Office of
General Counsel: __DRBrown 8-20-14_______
Amendment Number 2
DIR-SDD-2503
Page 2 of 2
Amendment Number 3
to
Contract Number DIR-SDD-2503
between
State of Texas, acting by and through the Department of Information Resources
and
SHI GOVERNMENT SOLUTIONS, INC,
This Amendment Number 3 to Contract Number DIR-SDD-2503
the and SHI Government Solutions, Inc.
(
follows:
Contract, Section 2. Term of Contract
1. is hereby amended as follows:
DIR and Vendor hereby agree to extend the term of the Contract for eleven (11)
months through August 15, 2015, or until terminated pursuant to the termination
clauses contained in the Contract. Prior to expiration of the term, DIR and Vendor may
extend the Contract, upon mutual agreement, for up to two (2) additional one-year
renewal terms.
Contract, Section 4. Pricing,
2. is hereby restated in its entirety as follows:
4. Pricing
Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing,
Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index,
and shall include the DIR Administrative Fee.
Contract, Section 4. Pricing A - H
3. is deleted and is hereby restated in its entirety in
Appendix A, Standard Terms and Conditions For Product and Related Services
Contracts dated 05/02/14 as attached hereto.
Contract, Section 6. Notification
4. is hereby restated in its entirety as follows:
6. Notification
All notices under this Contract shall be sent to a party at the respective address
indicated below.
If sent to the State:
Dana L. Collins, CTPM, CTCM
Manager, Contract and Vendor Management
Department of Information Resources
th
300 W. 15 St., Suite 1300
Austin, Texas 78701
Phone: (512) 936-2233
Facsimile: (512) 475-4759
Email: dana.collins@dir.texas.gov
Amendment Number 3 1
DIR-SDD-2503
If sent to the Vendor:
Mr. Darron Gross
SHI Government Solutions, Inc.
1301 South Mo-Pac Expressway, Suite 375
Austin, TX 78746
Phone: (512) 732-8021
Facsimilie: (512) 732-0232
Email: darron_gross@shi.com
Contract, Section 8. Intellectual Property Matters, A - L
5. is deleted and is hereby
restated in its entirety in Appendix A, Standard Terms and Conditions For Product and
Related Services Contracts dated 05/02/14 as attached hereto.
Appendix A. Standard Terms and Conditions For Product and Related Services
6.
Contracts, Appendix
is hereby restated in its entirety and replaced with the attached
A. Standard Terms and Conditions For Product and Related Services Contracts
dated 05/02/2014.
Authorized Exceptions to Appendix A, Standard Terms and Conditions for
7.
Product and Related Services Contracts dated 05/02/2014 .
is hereby restated
A. Section 10, Vendor Responsibilities, S. Secure Erasure of Hard Disk Products
and/or Services
is hereby replaced in its entirety as follows:
S. Secure Erasure of Hard Disk Products and/or Services
Vendor agrees that all services wherein Vendor uses hard disk drives (i.e. computers,
telephones, printers, fax machines, scanners, multifunction devices, etc.) shall have the
capability to securely erase data written to the hard drive prior to final disposition of
Services
for such products and/ services, in accordance with 1 TAC 202.
B. Appendix A, Section 11. Contract Enforcement, B. Termination, 7)
Transitional Support Upon Termination or Expiration
is hereby added as follows:
7) Transitional Support Upon Termination or Expiration
Upon the date of contract termination or expiration, Vendor will provide transitional
s that have purchased
software under this Contract. To assure continuity of records, DIR Customers (upon
website to receive from Vendor a transferable, electronic record of its software license
tracking information for a period not less than the prior twelve months, in a
clear instructions should be posted for DIR Customers along with a contact name,
telephone number and email address for questions. Vendor shall also provide DIR a
Amendment Number 3 2
DIR-SDD-2503
complete copy of the entire DIR Customer database at the end of the 90-day transition
period, in a commercially available format.
Appendix C Pricing Index
8. is hereby restated as attached hereto as Appendix C
Pricing index.
All other terms and conditions of the Contract not specifically modified herein shall remain
in full force and effect. In the event of a conflict among provisions, the order of
precedence shall be this Amendment Number 3, then Amendment Number 2, then
Amendment Number 1 and then the Contract.
(Remainder of page left blank intentionally)
Amendment Number 3 3
DIR-SDD-2503
IN WITNESS WHEREOF,
the parties hereby execute this amendment to be effective as
of the date of the last signature, but in all events, no later than September 15, 2014.
SHI GOVERNMENT SOLUTIONS, INC.
Authorized By: Signature on File
Name: Natalie Slowik
Title: Contracts Manager
Date: 9/10/14
The State of Texas, acting by and through the Department of Information Resources
Authorized By: ___Signature on File__________
Todd Kimbriel on behalf of
Name: Karen Robinson
Title: Executive Director
Date: _______9/19/14____________________
Office of
General Counsel: __DRBrown 9-18-14_______
Amendment Number 3 4
DIR-SDD-2503
Amendment Number 4
to
Contract Number DIR-SDD-2503
between
State of Texas, acting by and through the Department of Information Resources
and
SHI GOVERNMENT SOLUTIONS, INC,
This Amendment Number 4 to Contract Number DIR-SDD-
the
follows:
Contract, Section 2. Term of Contract
1.is hereby amended as follows:
The term of this Contract is hereby renewed through November 15, 2015. Prior to
this expiration date the parties may renew the Contract upon mutual agreement
through August 15, 2016, completing the remainder nine (9) months of one (1)
renewal option leaving one (1) one-year renewal term.
All other terms and conditions of the Contract, not specifically modified herein, shall
remain in full force and effect. In the event of conflict among the provisions, the order of
precedence shall be this Amendment Number 4, then Amendment Number 3,
Amendment Number 2, Amendment Number 1, and then the Contract.
(Balance of this page intentionally left blank)
Amendment Number 4
DIR-SDD-2503
Page 1 of 2
IN WITNESS WHEREOF,
the parties hereby execute this amendment to be effective as
of the date of the last signature, but in all events, no later than August 15, 2015.
SHI GOVERNMENT SOLUTIONS, INC.
Authorized By: Signature on File
Name: Natalie Slowik
Title: Senior Manager Contracts & RFPs
Date: August 13, 2015
The State of Texas, acting by and through the Department of Information
Resources
Authorized By: Signature on File
Name: Grace Windbigler for Dale Richardson
Title: Chief Operations Officer
Date: ______August 17, 2015______________
Office of
General Counsel: _DRB 08/17/2015_________
Amendment Number 4
DIR-SDD-2503
Page 2 of 2
Amendment Number 5
to
Contract Number DIR-SDD-2503
between
State of Texas, acting by and through the Department of Information Resources
and
SHI GOVERNMENT SOLUTIONS, INC.
This Amendment Number 5 to Contract Number DIR-SDD-2503
and SHI Government Solutions, Inc. (
and Vendor agree to modify the terms and conditions of the Contract as follows:
1.Contract, Section 2. Term of Contract
is hereby amended as follows:
DIR and Vendor hereby agree to renew the term of the Contract through August 15, 2016, completing
the remaining nine (9) months of second one-year renewal option. Prior to expiration of the term,
DIR and Vendor may renew the Contract, upon mutual agreement, for up to one (1) one-year
additional renewal term.
2.Appendix A, Standard Terms and Conditions For Product and Related Services Contracts
,is
hereby restated in its entirety and replaced with the attachedAppendix A, Standard Terms and
Conditions For Product and Related Services Contracts dated 09/24/2015.
All other terms and conditions of the Contract not specifically modified herein shall remain in full
force and effect. In the event of a conflict among provisions, the order of precedence shall be this
Amendment 5, then Amendment Number 4, then Amendment Number 3, then Amendment Number 2,
then Amendment Number 1 and finally the Contract.
(Remainder of page intentionally left blank)
Amendment Number 5
DIR-TSO-2503
rev. 01/26/15
Page 1
IN WITNESS WHEREOF,
the parties hereby execute this amendment to be effective as of the date
of the last signature, but in all events, no later than November 20, 2015.
SHI Government Solutions, Inc.
Authorized By: Signature on File
Name: Natalie Slowik
Title: Senior Manager- Contracts & RFPs
Date: 11/19/15
The State of Texas, acting by and through the Department of Information Resources
Authorized By: Signature on File
Name: Dale Richardson
Title: Chief Operating Officer
Date: 12-1-15
Office of
General Counsel:_D. Brown 11-30-15
Amendment Number 5
DIR-TSO-2503
rev. 01/26/15
Page 2
Amendment Number 6
to
Contract Number DIR-SDD-2503
between
State of Texas, acting by and through the Department of Information Resources
and
SHI GOVERNMENT SOLUTIONS, INC.
This Amendment Number 6 to Contract Number DIR-SDD-2503 (“Contract”) is between
the Department of Information Resources (“DIR”) and SHI Government Solutions, Inc.
(“Vendor”). DIR and Vendor agree to modify the terms and conditions of the Contract as
follows:
1.Contract, Section 2. Term of Contract
is hereby amended as follows:
DIR and Vendor hereby agree to renew the term of the Contract for one year through
August 15, 2017 or until terminated pursuant to the termination clauses contained in the
Contract, completing all three (3) additional one-year options. No additional extension
options remain.
2.Appendix A, Standard Terms and Conditions For Product and Related Services
Contracts
,is hereby restated in its entirety and replaced with the attachedAppendix A,
Standard Terms and Conditions For Product and Related Services Contracts dated
06/21/2016.
All other terms and conditions of the Contract not specifically modified herein shall remain
in full force and effect. In the event of a conflict among provisions, the order of
precedence shall be this Amendment 6, then Amendment 5, then Amendment Number 4,
then Amendment Number 3, then Amendment Number 2, then Amendment Number 1 and
finally the Contract.
(Remainder of page intentionally left blank)
Amendment 6
DIR-SDD-2503
Page 1
rev. 07/21/16
IN WITNESS WHEREOF,
the parties hereby execute this amendment to be effective as
of the date of the last signature, but in all events, no later than August 15, 2016.
SHI Government Solutions, Inc.
Authorized By: Signature on File
Name: Natalie Slowik
Title: Senior Manager- Contracts & RFPs
Date: 8/10/2016
The State of Texas, acting by and through the Department of Information Resources
Authorized By:
Signature on File
Name
: Hershel Becker
Title:
Chief Procurement Officer
Date
: 8/11/2016
Office of General Counsel:
DB 8/11/2016
Amendment 6
DIR-SDD-2503
Page 2
rev. 07/21/16
Enterprise EnrollmentState and Local
Enterprise Enrollment numberFramework ID
48931027
(Microsoft to complete)(if applicable)
Previous Enrollment number
7643187
(Reseller to complete)
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature
form as of the effective date.EnrolledAffiliate represents and warrants it is the same Customer, or an
Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature
form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online
Services Terms, (6) any Supplemental ContactInformation Form,Previous Agreement/Enrollment form,
and other formsthat may be required,and(7) any order submitted under this Enrollment. This Enrollment
may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment,
Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.
.In the event of
All terms used but not defined are located at http://www.microsoft.com/licensing/contracts
any conflict the terms of this Agreement control.
Effective date.
If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the
renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the
anniversary of the effective dateof the applicable initial or renewal term foreach year this Enrollment is in
effect.
Term.
The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective dateof the initial term. The renewal term will expire 36 full calendar months after the
effective date of the renewal term.
Terms and Conditions
1.Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The
following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in theProduct Termsand chosen by Enrolled
Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an
Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a
Government or a qualified member of the Community, or (3) a Customer with Customer Data that is
subject to Government regulations for which Customer determines and Microsoft agrees that the use of
Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.
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Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government
Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the
Product Termsand chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Termsand chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
mustbe licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this
program.
“Expiration Date” means the date upon which the Enrollment expires.
“Federal Agency” means a bureau, office, agency, department or other entity of the United States
Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental
capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in
Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance
with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft
Online Services that are Government Community Cloud Services are designated as such in the Use
Rightsand Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer),
a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs
an industry or task-specific software program (e.g. a computer-aided design program used by an architect
or a point of sale program) (“Industry Program”). The device may include features and functions derived
from Microsoft software or third-party software. If the device performs desktop functions (such as email,
word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal
finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry
Program functionality; and (2) must be technically integrated with the Industry Program or employ
technically enforced policies or architecture to operate only when used with the Industry Program
functionality.
“Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Prolocally (in a physical or virtual operating system environment), or(2) a device used to
access a virtual desktop infrastructure (“VDI”). Qualified Devices do not includeany device that is: (1)
designated as a server and not used as a personal computer, (2) an Industry Device,or(3) not a
Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g.,
Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified
Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected.
“Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product
Terms.
“Reseller” means an entity authorized by Microsoft to resell Licenses under this programandengagedby
anEnrolledAffiliatetoprovidepre-andpost-transactionassistancerelated to this agreement;
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“Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms,
the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any
United States county, borough, commonwealth, city, municipality, town, township, special purpose district,
or other similar type of governmental instrumentality established by the laws of Customer’s state and
located within Customer’s state’s jurisdiction and geographic boundaries.
“Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and
eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian
tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site. The Use Rights
supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a
Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights
for Online Services are published in the Online Services Terms.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.
2.Order requirements.
a.Minimum order requirements.
Enrolled Affiliate’s Enterprise must have a minimum of 250
Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for
Enterprise Products or Enterprise Online Services.
(i)Enterprise commitment.
Enrolled Affiliatemustorder enough Licenses to cover all
Qualified Users or Qualified Devices, depending on the License Type, with one or more
Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise
Online Services(as long as all Qualified Devices not covered by a License are only used
by users covered with a user License).
(ii)Enterprise Online Servicesonly.
If no Enterprise Product is ordered,then Enrolled
Affiliate need only maintain at least 250 Subscription Licensesfor Enterprise Online
.
Services
b.Additional Products.
Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products.
c.Use Rights for Enterprise Products.
For Enterprise Products, if a new Product version has
more restrictive use rights than theversion that is current at the start of the applicable initial
or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
Affiliate’s use of that Product during that term.
d.Country of usage.
Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
e.Resellers.
Enrolled Affiliate must choose and maintain a Reseller authorized in the United
States.Enrolled Affiliate will acquire its Licenses through its chosen Reseller.Orders must be
submitted to the Resellerwho will transmit the order to Microsoft. The Reseller and Enrolled
Affiliate determine pricing and payment termsas between them, and Microsoft will invoice the
Resellerbased on those terms.Throughout this Agreement the term “price” refers to
reference price. Resellers and other third parties do not have authority to bind or impose any
obligation or liability on Microsoft.
f.Adding Products.
(i)Adding new Products not previously ordered
.NewEnterprise Products orEnterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Reseller. New Additional Products, other than Online Services, may be used if an order
EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 3of 10
Document X20-10634
is placed in the month the Product is first used. For Additional Products that are Online
Services, an initial order for the Online Service is required prior to use.
(ii)Adding Licenses for previously ordered Products.
Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true-up order. AdditionalLicenses for Online Services must be
ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in
the Product Termsor (2) included as part of other Licenses.
g.True-up requirements.
Enrolled Affiliate must submit an annual true-up order that accounts
for any changes since the initial order or last order. If there are no changes, then an update
statement must be submitted instead of a true-up order.
(i)Enterprise Products.
For Enterprise Products,Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the
time the true-up order is placed and must order additional Licenses for all Qualified
Devices and Qualified Users that are not already covered by existing Licenses, including
any Enterprise Online Services.
(ii)Additional Products.
For Additional Products that have been previously orderedunder
this Enrollment, Enrolled Affiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true-up order, or the prior
anniversary date andsubmit a true-up order that accounts for any increase.
(iii)Online Services.
For Online Services identified as eligible for true-up in the Product
Terms, Enrolled Affiliate may place a reservation orderfor the additional Licenses prior to
useand payment may be deferred until the next true-up order. Microsoft will provide a
report of Reserved Licensesordered but not yet invoicedto Enrolled Affiliate and its
Reseller. Reserved Licenses will be invoiced retroactively tothe month in which they
were ordered.
(iv)Subscription License reductions.
Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in theProduct Terms, as follows:
1)
For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses
may be reduced if the total quantity of Licenses and Software Assurance for an
applicable group meets or exceeds the quantity of Qualified Devices and Qualified
Users (if ordering user-based Licenses) identified on the Product Selection Form, and
includes any additional Qualified Devices and Qualified Users added in any prior
true-up orders. Step-up Licenses do not count towards this total count.
2)
For Enterprise Online Services that are not a part of an Enterprise-wide purchase,
Licenses can be reduced as long as the initial order minimum requirements are
maintained.
3)
For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up
order Enrollment anniversary date and effective as of such date.
(v)Update statement.
An update statement must be submitted instead of a true-up order if,
since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) has not increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate’s authorized
representative.
(vi)True-up order period.
The true-up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-
EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 4of 10
Document X20-10634
year true-up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled
Affiliate may submit true-up orders more often to account for increases in Product usage,
but an annual true-up order or update statement must still be submitted during the annual
order period.
(vii)Late true-up order.
If the true-up orderor update statementis not received when due,
Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h.Step-up Licenses.
For Licenses eligible for a step-up under this Enrollment, Enrolled
Affiliate may step-up to a higher edition or suite as follows:
(i)
For step-up Licenses included on an initial order, Enrolled Affiliate may order according to
the true-up process.
(ii)
If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled “Adding new Products not
previously ordered,” then for additional step-up Licenses, by following the true-up order
process.
i.Clerical errors.
Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
j.Verifying compliance.
Microsoftmay, in its discretion and at its expense,verify compliance
with this Enrollment as set forth in the EnterpriseAgreement.
3.Pricing.
a.Price Levels.
For both the initial and any renewal term Enrolled Affiliate’s Price Level for all
Products ordered under this Enrollment will be Level “D” throughout the term of the
Enrollment.
b.Setting Prices.
EnrolledAffiliate’s prices for each Product or Service will be established by
its Reseller.Except for Online Services designated in the Product Terms as being exempt
from fixed pricing, As longas Enrolled Affiliate continues to qualifyfor the same price level,
Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout
the applicable initial or renewal Enrollment term.Microsoft’s prices to Resellers are
reestablished at the beginning of the renewal term.
4.Payment terms.
For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the
applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate’s
Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated
otherwise, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first
installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will
be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon
acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and
upfront for all other Licenses.
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Document X20-10634
5.End of Enrollment term and termination.
a.General.
At the Expiration Date, Enrolled Affiliate must immediately order and pay for
Licenses for Products it has used but has not previously submitted an order, except as
otherwise provided in this Enrollment.
b.Renewal option.
At the Expiration Dateof the initial term, Enrolled Affiliate can renew
Products by renewing thisEnrollment for one additional 36-month term orbysigning a new
Enrollment. Microsoft must receive aRenewal Form,Product Selection Form,and renewal
order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
Microsoft may make changesto this program that will make it necessary for Customer and its
Enrolled Affiliates to enter intonew agreements and Enrollmentsat renewal.
c.If Enrolled Affiliate elects not to renew.
(i)Software Assurance.
If Enrolled Affiliate elects not to renew Software Assurance for
any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order
Software Assurance later without first acquiring a new License with Software Assurance.
(ii)Online Services eligible for an Extended Term.
For Online Services identified as
eligible for an Extended Term in the Product Terms, the following options are available at
the end of the Enrollment initial or renewal term.
1)Extended Term.
Licenses for Online Services will automatically expire in
accordance with the terms of the Enrollment. An extended term feature that allows
Online Services to continue month-to-month (“Extended Term”) for up to one year,
unless designated in the Product Terms to continue until cancelled, is available.
During the Extended Term, Online Services will be invoiced monthly at the then-
current published price as of the Expiration Dateplus a 3% administrative fee. If
Enrolled Affiliate wantsan Extended Term, Enrolled Affiliate must submit a request to
Microsoft at least30 daysprior to the Expiration Date.
2)Cancellation during Extended Term.
At any time during the first year of the
Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party
may terminate the Extended Term by providing the other with a notice of cancellation
foreach Online Service.Cancellation will be effective at the end of the month
following 30 days after Microsoft has receivedor issuedthe notice.
(iii)Subscription Licenses and Online Services not eligible for an Extended Term.
If
Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as
of the Expiration Date.Any associated media must be uninstalled and destroyed and
Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written
certification to verifycompliance.
d.Termination for cause.
Any termination for cause of this Enrollment will be subject to the
“Termination for cause” section of the Agreement.In addition, it shall be a breach of this
Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that usesGovernment
Community Cloud Services fails to meet and maintain the conditions of membership in the
definition of Community.
e.Early termination.
Any early termination of this Enrollment will be subject to the “Early
Termination” Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an
Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount
paid in advance for the period after termination.
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6.Government Community Cloud.
a.Community requirements.
If Enrolled Affiliate purchases Government Community Cloud
Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use
Government Community Cloud Services solely in its capacity as a memberof the Community
and, for eligible Government Community Cloud Services,for the benefit of end users that are
members of the Community. Use of GovernmentCommunity Cloud Services by an entity
that is not a member of the Community or to provide services to non-Community members is
strictly prohibitedand could result in termination of Enrolled Affiliate’s license(s) for
Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that
only Community members mayuseGovernmentCommunity Cloud Services.
b.
All terms and conditions applicable to non-Government Community Cloud Services also
apply to their corresponding Government Community Cloud Services, except as otherwise
noted in the Use Rights, Product Terms,and this Enrollment.
c.
Enrolled Affiliate may not deploy or use Government Community Cloud Services and
corresponding non-Government Community Cloud Services in the same domain.
d.Use Rightsfor Government Community Cloud Services.
For Government Community
Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i)
Government Community Cloud Services will be offered only within the United States.
(ii)
Additional European Terms, as set forth in the Use Rights,will not apply.
(iii)
References to geographic areas in the Use Rights with respect to the location of
Customer Data at rest, as set forth in the Use Rights, refer only to the United States.
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Document X20-10634
Enrollment Details
1.Enrolled Affiliate’s Enterprise.
a.
Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s
Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of
Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, orother partial
entities.Check only one box in this section. If no boxes are checked, Microsoft will deem the
Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft
will deem the Enterprise to include the largest number of Affiliates:
Enrolled Affiliateonly
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate(s)(Only identify specific affiliates to be included
if fewer than all Affiliates are to be included in the Enterprise):
Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b.
Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates
acquired after the start of this Enrollment:Exclude future Affiliates
2.Contact information.
Each party will notify the other in writing if any of the information in the following contact information
page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled
Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and
other parties that help administer this Enrollment. The personal information provided in connection with
this Enrollment will be used and protected in accordance with the privacy statementavailable at
.
https://www.microsoft.com/licensing/servicecenter
a.Primary contact.
This contact is the primary contact for the Enrollment from within Enrolled
Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others.The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes
Name of entity (must be legal entity name)*
City of North Richland Hills
Contact name* FirstLast
KyleSpooner
Contact email address*
kspooner@nrhtx.com
Street address*
4301 CITY POINT DR
City*
North Richland Hills
State/Province*
TX
Postal code*
76180-8316-
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx)
Country*
United States
Phone*
817-427-6230
Tax ID
*indicates required fields
b.Notices contact and Online Administrator.
This contact (1) receives the contractual
notices, (2) is the Online Administrator for the Volume Licensing Service Center and may
grant online access to others, and (3) is authorized to order Reserved Licenses for eligible
EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 8of 10
Document X20-10634
Online Servies, including addingor reassigningLicensesandstepping-upprior to a true-up
order.
Same as primary contact (default if no information is provided below, even if the box is not
checked).
Contact name* FirstLast
KyleSpooner
Contact email address*
kspooner@nrhtx.com
Street address*
4301 CITY POINT DR
City*
North Richland Hills
State/Province*
TX
Postal code*
76180-8316-
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx)
Country*
United States
Phone*
817-427-6230
Language preference.
Choose the language for notices. English
This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required fields
c.Online Services Manager.
This contact is authorized to manage the Online Services
ordered under the Enrollment and (for applicable Online Services) to add or reassign
Licensesandstep-upprior to a true-up order.
Same as notices contact and Online Administrator(default if no information is provided
below, even if box is not checked)
Contact name*: First Last
KyleSpooner
Contact email address*
kspooner@nrhtx.com
Phone*
817-427-6230
This contact is from a third party organization (not the entity). Warning: This contact
receives personally identifiable information of the entity.
* indicates required fields
d.Reseller information.
Reseller contact for this Enrollment is:
Reseller company name*
SHI International Corp.
Street address (PO boxes will not be accepted)*
290 Davidson Ave
City*
Somerset
State/Province*
NJ
Postal code*
08873
Country*
United States
Contact name*
RyanDeBrigard
Phone*
888-764-8888
Contact email address*
msteam@shi.com
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature*
Printed name*
Printed title*
Date*
* indicates required fields
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Changing a Reseller.
If Microsoft or the Reseller chooses to discontinue doing business
with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or
the Reseller intends to terminate their relationship, the initiating party must notify Microsoft
and the other party using a form provided by Microsoft at least 90 days prior to the date on
which the change is to take effect.
e.
If Enrolled Affiliate requires a separate contact for any of the following, attach the
Supplemental Contact Informationform. Otherwise, the notices contact and Online
Administratorremains the default.
(i)
Additional notices contact
(ii)
Software Assurance manager
(iii)
Subscriptions manager
(iv)
Customer Support Manager (CSM) contact
3.Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not
to finance any associated taxes, it must pay these taxes directly to Microsoft.
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Document X20-10634
Program Signature Form
MBA/MBSA number
01E73535
Agreement number
Note:
Enter the applicable active numbers associated with the documents below. Microsoft
requires the associated active number be indicated here, or listed below as new.
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program
agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract DocumentNumber or Code
Enterprise Enrollment (Indirect)X20-10634
Product Selection Form0542857.004_PSF
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read
and understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)*
City of North Richland Hills
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
*indicates required field
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014)Page 1of 2
nd
Optional 2Customer signature or Outsourcer signature (if applicable)
Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments,
include the appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to
Customer’s channel partner or Microsoft account manager, who must submit them to the following
address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation
copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6100 Neil Road, Suite 210
Reno, Nevada 89511-1137
USA
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014)Page 2of 2
CITYCOUNCILMEMORANDUM
From:Date:
TheOfficeoftheCityManager November 28, 2016
Subject:
Authorize citymanagertoexecuteaninter-localagreementfor the
purchase of goods and services with the Cityof Baytown.
Presenter:
Mark Mills,FinanceDirector
Summary:
TheCity of Baytownisrequestingtoenterintoaninter-localpurchasingagreementfor
thepurchaseofgoodsandservicesfromvendorsselectedthroughthecompetitive
biddingprocess.
GeneralDescription:
TheCity of Baytownisrequestingtoenterintoaninter-localpurchasingagreementfor
thepurchaseofgoodsandservicesfromvendorsselectedby theCityofNorth
RichlandHillsthroughthecompetitivebiddingprocess.TheCity of Baytownis
interestedinpurchasingfromacurrentCityofNorthRichlandHillscontractfor asphalt
slurrysealingand microsurfacing for streets and pavement (RFB15-020)with
IntermountainSlurrySeal, Inc.The City Councilhasauthorizedseveraloftheseinter-
localagreementsinthepastandtheyhavebeenmutuallybeneficialtoNorth
RichlandHillsandtheotheragencies.Participationreducestheoverallexpenseof
solicitingbidsandpurchasinginlargerquantitiesoftenlowersthecostofthegoods
and/orservices.Eachagencywillplacetheirordersandpaythevendorsdirectly.The
CityofNorthRichlandHillsortheCity of Baytownmaychangeorcancelthe
agreementwitha30-daywrittennotice.NorthRichlandHillscurrentlyparticipates
ininter-localagreementswithseverallocalgovernmentsthroughouttheDFW
Metroplexand variousparts ofTexas.
Recommendation:
Authorize city manager to execute an inter-local agreement with the City of Baytown.
CITY COUNCILMEMORANDUM
FROM:The Office of the City DATE:December 12, 2016
Manager
SUBJECT:
Approve change order tobid 17-001the purchase of three fire
apparatus with Siddons-Martin Emergency Group, LLC.
PRESENTER:Stan Tinney, Fire Chief
SUMMARY:
This item reduces bid 17-001awarded to Siddons-Martin Emergency, LLC on
November 14, 2016 by City Council in the amount of $2,101,636.00 to $2,002,536.00.
A total reduction of $99,100.00.
GENERAL DESCRIPTION:
Bid 17-001 was awarded to Siddons-Martin Emergency, LLC by the City Council on
November 14, 2016. City staff and the vendor have both identified the need for a
change order to the original agreement.
The original Bid 17-001 will be adjusted based on the following:
1.The original bid included$494,408 for the three apparatus to be traded in as
outlined in Appendix B. This change order removes unit 945 from the trade in
option. The new trade in offer from Pierce for the two units outlined in the
revised Appendix B is $550,000. The trade-in unitswill be delivered to Pierce at
the time the City takes possession of the two new aerials. The total savings
resulting from this change is $55,592.
2.The original bid gave the City the option of purchasing the fire apparatus
individually. Under this change order, the City will purchase three apparatus,
which will now allow the City to take advantage of the Pierce multi-unitdiscount
of $11,050.
3.A modified proposal provided by Siddons-Martin Emergency, LLC as a result of
this change order included additional cost reductions of $23,367.
These changes bring the total modified proposal to $2,011,627. The City intends to
make additional changes to the original specification requirements such as options on
types of warning lights, engine type, and availability of gauges. These changes will be
specifically outlined in the preconstruction meetingand will result in additional
reductions of $9,091.
The totalreduction in the original award amount is $99,100, resulting in total project
costs of $2,002,536.
RECOMMENDATION:
Approve change order to bid 17-001 for the purchase of three fire apparatus with
Siddons-Martin Emergency Group, LLC.
REVISED APPENDIX B (TRADE IN)
The below information is provided with the intent of trading all three fire apparatus in on the
purchase of twonew fire apparatus. The vehicles listed below are still in service. The mileage,
hours and general condition are continuously changing and should be considered approximate.
Unit#981 Ferrara 77 Ft
Year2009
MakeFerrara
Engine500
PumpHale 1500GPM 153 Hrs
Aerial141.4
Miles45,677
FoamYes 30gal
InsideExcellent
GeneratorYes
ConditionExcellent
Engine Hrs4856 hrs
Unit#974 ALF Platform
Year2007
MakeALF
EngineDetroit 500
PumpHale 2,000 GPM
Aerial hrs731
Miles49,329
FoamNA
InsideClean
GeneratorYes
ConditionExcellent
Engine Hrs5552 hrs
CITY COUNCILMEMORANDUM
FROM:The Office of the City DATE:December 12, 2016
Manager
SUBJECT:
Approve purchaseto Motorola Solutions, Inc. for public safety
radios and accessories in the amount of $94,424.72.
PRESENTER:Billy Owens, Emergency Management Coordinator
SUMMARY:
Consider approval of purchase to Motorola Solutions Inc. for radios and radio
accessories in the amount of $94,424.72.
GENERAL DESCRIPTION:
The City of North Richland Hills 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 2016/2017 Adopted Budget includes sufficient funds for the
purchase of these public safety radios and associated equipment.
This purchase will be for Motorola APX6000portable 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 purchaseto Motorola Solutions, Inc. for public safety radios and accessories in
the amount of $94,424.72.
Quote Number:QU0000383011
Effective:
14 NOV 2016
Effective To:
13 JAN 2017
Bill-To:Ultimate Destination:
NORTH RICHLAND HILLS, CITY OFNORTH RICHLAND HILLS, CITY OF
4301 CITY POINT DR4301 CITY POINT DR
NORTH RICHLAND HILLS, TX 76180NORTH RICHLAND HILLS, TX 76180
United StatesUnited States
Attention:Sales Contact:
Name:Name:
Billy OwensBill Kennedy
Email:Email:
bowens@nrhtx.combkennedy@dfwcomm.com
Phone:
8177898610
Contract Number:
HGAC
Freight terms:
FOB Destination
Payment terms:
Net 30 Due
ItemQuantityNomenclatureDescriptionList priceYour priceExtended Price
122H98UCF9PW6ANAPX6000 700/800 MODEL 2.5$2,738.00$2,053.50$45,177.00
PORTABLE
1a22Q806BMADD: ASTRO DIGITAL CAI$515.00$386.25$8,497.50
OPERATION
1b22H885BKADD: 3 YEAR SERVICE FROM THE$84.00$84.00$1,848.00
START LITE
1c22QA05570AAALT: BATT IMPRES 2 LIION R IP68$100.00$75.00$1,650.00
3400T
1d22G996AUADD: PROGRAMMING OVER P25$100.00$75.00$1,650.00
(OTAP)
1e22H38BTADD: SMARTZONE OPERATION$1,200.00$900.00$19,800.00
1f22Q361ARADD: P25 9600 BAUD TRUNKING$300.00$225.00$4,950.00
1g22H122BRALT: 1/4- WAVE 7/800 GPS STUBBY$24.00$18.00$396.00
(NAR6595A
222PMNN4486ABATT IMPRES 2 LIION R IP67 3400T$142.00$113.60$2,499.20
322PMMN4062AASSY,ACCESSORY,MICROPHONE,PLU$117.70$94.16$2,071.52
S RSM *
422RLN4941AREC ONLY EARPIECE$69.00$51.75$1,138.50
W/TRANSLUCET TUBE
522NNTN8860ACHARGER, SINGLE-UNIT, IMPRES 2,$150.00$112.50$2,475.00
3A, 115VAC, US/NA
62090SVC03SVC0115DSUBSCRIBER PROGRAMMING$1.00$1.00$2,090.00
(Notes)Programming for 22 APX6000 Portable Radios
Total Quote in USD
$94,242.72
HGAC CONTRACT: RA05-15
Customer accepts standard warranty for the purposes of this quote and request to add the listed units to their current service agreement
PO Issued to Motorola Solutions Inc. must:
>Be a valid Purchase Order (PO)/Contract/Notice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted
>Have a PO Number/Contract Number & Date
>Identify "Motorola Solutions Inc." as the Vendor
>Have Payment Terms or Contract Number
>Be issued in the Legal Entity's Name
>Include a Bill-To Address with a Contact Name and Phone Number
>Include a Ship-To Address with a Contact Name and Phone Number
>Include an Ultimate Address (only if different than the Ship-To)
>Be Greater than or Equal to the Value of the Order
>Be in a Non-Editable Format
>Identify Tax Exemption Status (where applicable)
>Include a Signature (as Required)
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:Authorize payment to the City of Fort Worth for the annual radio
system services infrastructure in the amount of $154,965.00.
PRESENTER:Billy Owens, Emergency Management Coordinator
SUMMARY:
Consider authorization of payment to the City of Fort Worth in the amount of
$154,965.00 for the annual radio system services infrastructure.
GENERAL DESCRIPTION:
This item is for radio access fees for the operation of the North Richland Hills public
safety radios on the City of Fort Worth radio system. The current rate is $34.00 per
month, per subscriber radio, payable in advance on an annual basis for all active radio
IDs issued to the user at the time of the annual billing. Current billing is for 391 radios at
$408.00 per radio per year. The subtotalcost for annual radio fees this year is
$159,528.00.The City of Fort Worth issued a small rebate of $4,563.00 to the City of
North Richland Hills this year which brought the total down to $154,965.00. This is an
approved line item in the FY2016-2017 budget.
RECOMMENDATION:
Authorize payment to the City of Fort Worth for the annual radio system services
infrastructure in the amount of $154,965.00.
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:Adopt Joint Resolution authorizing the annual renewal of an
Interlocal Agreement 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 authorizes the
annual renewal of the contract through September 30, 2017, and allows Tarrant County
to pay the City of North Richland Hills for the radio maintenance services.
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:
Adopt joint resolution authorizing the annual renewal of an Interlocal Agreement with
Tarrant County for 800 MHz radio maintenance services.
JOINT RESOLUTION
AUTHORIZING THE ANNUAL RENEWAL OF THEINTERLOCAL AGREEMENT BETWEEN
TARRANT COUNTY AND THE CITY OF NORTH RICHLAND HILLS FOR THE 800 MHz RADIO
MAINTENANCE THROUGH SEPTEMBER 30, 2017
WHEREAS, the County of Tarrant (County) and the City of North Richland Hills (NRH) entered
into an Interlocal Agreement on June 28, 1994 (Court Order# 70866), for the County to participate in
the North Richland Hills Radio Consortium for 800MHz Radio Maintenance (the “Agreement”); and
WHEREAS, through Tarrant County’s participation in this Agreement, the maintenance fee per
radio paid by Tarrant County is greatly reduced; and
WHEREAS, the annual maintenance fees paid by Tarrant County to North Richland Hills has
increased to$6.00per radio per monthfrom $5.88 last year; and
WHEREAS, the annual maintenance for bi-directional amplifiers (BDA) has increased to $62.12
per bi-directionalamplifierper month from $60.90 last year; and
WHEREAS, it is the desire of the County andNRH to extend this Agreement through September
30, 2017;and
WHEREAS, both parties acknowledge that they are each a “governmental entity” and not a
“business entity” as those terms are defined in Tex. Gov’t. Code § 2252.908, and therefore, no
disclosure of interested parties pursuant to Tex. Gov’t. Code § 2252.908 is required.
NOW TEHREFORE,BE IT RESOLVED THAT:
1.Upon the execution of this Joint Resolution byboth parties, this amendment shall be effective on
and after October 1, 2016.
2.The City Managerof the City of North Richland Hills is authorized to execute any documents
necessary to effect renewal of the Agreement.
3.The Agreement is hereby renewed through September 30, 2017, and otherwise remains in full
force and effect.
Signed this ____ day of_______ 2016, pursuant to Commissioners Court Order # ____________.
_________________________________________________________
B. Glen Whitley Oscar Trevino
County JudgeMayor
Tarrant CountyCity of North Richland Hills
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:Authorize purchase from FarrWest Environmental Supply, Inc, as
grant fiduciary for Northeast Fire Department Association (NEFDA),
for replacement hazardous materials identification tool in the amount
of $68,551.00.
PRESENTER:
Stan Tinney, Fire Chief
SUMMARY:
Consider authorizationof a purchase from FarrWest Environmental Supply, Inc. for a
replacement hazardous materials identification tool inthe amount of $68,551.00.
GENERAL DESCRIPTION:
This purchase will be for a replacement hazardous materials identification tool to be
housedon the Northeast Fire Department Association (NEFDA)HazMat 22 unit located
at Fire Station 3. This unit allowsfire department personnel to identify the chemical(s)
involved in a hazardous materials response in a timely and accurate manner. The
outgoing tool on HazMat 22 is no longer supported by the vendor and also uses
outdated technology. After researching replacement equipment,it wasdetermined that
the Smiths Detection HazMatID Elite is the best choice to replace the existing tool.The
HazMatID has components included with it that no other manufacturer or company
provides. FarrWest Environmental Supply is thesole source provider for Smiths
Detection in the states of Texas, Oklahoma, New Mexico, and Colorado. This new tool
will bring the NEFDA HazMat 22 unit up to datewith the latest technology which will
improve the speed and accuracy of chemical identifications.
Thehazardous materials identification tool will be purchased with $50,000 from the
2016 Urban Area Security Initiative (UASI) grant and the remaining will be covered by
NEFDA funds. NRH will administer the grant for NEFDA as required by North Central
Texas Council of Governments (NCTCOG)and house the equipment. NoNRH funds
will be used for the purchase of this equipment.
RECOMMENDATION:
Authorizepurchasefrom FarrWest Environmental Supply, Inc. for a replacement
hazardous materials identification tool in the amount of $68,551.00.
21 Commerce Drive
Danbury, CT 06810 USA
T: +1 203 207 9700 F: +1 203 207 9780
Wednesday, October 07, 2015 www.smithsdetection.com
Sole Source Confirmation
Smiths Detection, Inc. is the sole manufacturer of the following Smiths Detection products, services and
software. Each product is protected by specific trade patents and cannot be duplicated for any purpose.
HazMatID 360 and HazMatID ELITE all configurations and accessories
ACE ID- all configurations and services and accessories
GasID all configurations and accessories
HGVI all configurations and accessories
RespondeR RCI all configurations and accessories
Sabre 5000 all configurations and accessories
LCD all configurations and accessories
Bio-Seeq Plus all configurations and accessories
RADSEEKER all configurations and accessories
Prime Alert all configurations and accessories
Partnership and Trade-In Programs for all systems
Databases/Libraries for all systems
HAZMAT 360 upgrades
Guardion GC Mass Spectrometer
NIDS Bio Hazard detection system
All Warranty and service extensions
These products, services and software are only available through Smiths Detection and its authorized
dealers. If you have received pricing information from persons or companies other than Smiths
Detection, Inc. or its approved dealer, it will be considered non-authorized by Smiths Detection, Inc.
FarrWest Environmental Supply, Inc. is the authorized sole-source dealer for the following states:
Texas, Oklahoma, New Mexico, Colorado
If you have any questions or require additional information, please feel free to contact me at
Patrick.cope@smithsdetection.com or 443-910-7226
Sincerely,
Patrick Cope
West Region Sales Manager
Smiths Detection
Smiths Detection - Danbury
A Smiths Group Company
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:Authorize purchasefrom Casco Industries, Inc.for replacement
breathing apparatus equipment and associated parts in the amount
of $399,561.45.
PRESENTER:Stan Tinney, Fire Chief
SUMMARY:
Consider authorization of purchasefrom Casco Industries, Inc.for replacement
breathing apparatus equipment and associated parts in the amount of $399,561.45.
GENERAL DESCRIPTION:
This purchase is for newbreathing apparatus equipment and associated parts. The
current inventory of breathing apparatus has reached its end of life. The Fire
Department staff spent many months evaluating different systems and vendors. The
finalists for the system replacement were the Scott X3 and the MSA G1.
During testing the MSA G1 outperformed the Scott X3 model during the test which
evaluatedthe following: functionality; fit and comfort; ease and effectiveness of
integrating and communicating with portableradios; accountability software which would
be used during fire ground operations; heads up display, ease ofrepair, and overall
warranty of the units.
This equipment replacement will be funded by a Capital Improvement Project approved
specifically for this use. This project is within the current approved budget. This
equipment is being purchased through a Buy Board Cooperative Purchasing Agreement
using Buy Board pricing.
RECOMMENDATION:
Authorize purchaseto Casco Industries, Inc.for replacement breathing apparatus
equipment and associated parts in the amount of $399,561.45.
FIRE-RESCUE
INTER-OFFICE MEMORANDUM
DATE:11/30/2016
TO:Stan Tinney, Fire Chief
FROM:Kyle McAfee, Assistant Chief-Administration
REFERENCE #:1603034
SUBJECT: Breathing Apparatus Recommendation
______________________________________________________________________
As you know, Captain Beaudette was instructed to evaluate several manufacturers and
models of Self Contained Breathing Apparatus (SCBA). This was begun in anticipation
of our current models of SCBA reaching their end of usable life as recommended by the
National Fire Protection Association.
Captain Beaudette was given the opportunity to attend the Fire Rescue International
Conference in San Antonio where he was able to lay hands on and compare numerous
models and manufacturers. His attendance allowed him to narrow the consideration to
two manufacturers.
A series of test and performance evaluations were conducted utilizing a number of
crews and administrative staff. The two manufacturers and models were MSA G1 and
Scott X3.Both of these manufacturers provided features that we were looking for.
During testing the MSA G1 outperformed the Scott X3 model during test which
evaluated: functionality; fit and comfort; ease and effectiveness of integrating and
communicating with our hand radios;accountability software whichwould be used
during fire ground operations;heads up display, ease ofrepair, and overall warranty of
the units.
After several months of thorough evaluation, Captain Beaudette has recommended we
proceed with the intention of purchasing MSA G1. I do believe Captain Beaudette and
others have worked through this process with due diligence and his recommendation is
in the best interest of the fire department and the City.
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
1
Discount % Off Catalog/Pricelist for Firearms and Ammunition
VendorVendor Catalog InfoPercent Discount Award
CMC Government ServicesBenelli pricelist (Accessories)Yes
10%
CMC Government ServicesBenelli pricelist (Shotguns only)Yes
3%
CMC Government ServicesBeretta pricelistYes
21%
CMC Government ServicesCTS Less Lethal Agency pricelistYes
18%
GT Distributors, Inc.GT Distributors pricelist (0% to 42.50% Yes
0%
discount)
CMC Government ServicesPenn Arms Agency pricelistYes
5%
Precision Delta CorpPrecision Delta Corp. - Winchester pricelistYes
20%
CMC Government ServicesRock River Arms LE pricelistYes
5%
CMC Government ServicesSako_Tikka pricelistYes
11%
CMC Government ServicesTactical Solutions pricelistYes
10%
2Discount % Off Catalog/Pricelist for Tactical Equipment
VendorVendor Catalog InfoPercent Discount Award
NAFECOBlackhawk pricelistYes
18%
CMC Government ServicesEOTech LE Product pricelistYes
14.25%
GT Distributors, Inc.GT Distributors pricelist (20% to 45% discount)Yes
20%
Wilson Fire-RescueHurst Jaws of Life pricelistYes
18%
CMC Government ServicesMesa Tactical pricelistYes
16%
CMC Government ServicesNANUK pricelistYes
50%
Big Country SupplyPenn Arms pricelistYes
12%
CMC Government ServicesTactical Solutions pricelistYes
10%
CMC Government ServicesTeam Wendy pricelistYes
5%
Galls, LLCwww.galls.comYes
20%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
3
Discount % Off Catalog/Pricelist for Night Sticks and Batons
VendorVendor Catalog InfoPercent Discount Award
Big Country SupplyAETCO pricelistYes
30%
Big Country SupplyASP pricelistYes
30%
NAFECOAsp pricelistYes
18%
GT Distributors, Inc.GT Distributors pricelist (15% to 25% discount)Yes
15%
Galls, LLCwww.galls.comYes
20%
4
Discount % Off Catalog/Pricelist for Rainwear and Jackets
VendorVendor Catalog InfoPercent Discount Award
NAFECOAlert Visions pricelistYes
30%
Miller Uniforms & Emblems Inc.Blauer pricelistYes
15%
NAFECOGerber Gear pricelistYes
33%
GT Distributors, Inc.GT Distributors pricelist (10% to 40.30% Yes
10%
discount)
Dooley Tackaberry, Inc.Lakeland Reflective pricelistYes
10%
CMC Government ServicesVertx pricelistYes
25%
Galls, LLCwww.galls.comYes
20%
5
Discount % Off Catalog/Pricelist for Footwear
VendorVendor Catalog InfoPercent Discount Award
Miller Uniforms & Emblems Inc.5.11 pricelistYes
10%
NAFECO5.11 Tactical pricelistYes
31%
NAFECOBates Footwear pricelistYes
23.5%
Miller Uniforms & Emblems Inc.Blauer pricelistYes
15%
GT Distributors, Inc.GT Distributors pricelist (10% to 40.30% Yes
10%
discount)
NAFECOHaix pricelistYes
16%
NAFECOMagnum pricelistYes
32%
Big Country SupplyReebok by Warson pricelistYes
25%
Dooley Tackaberry, Inc.Thorogood pricelistYes
40%
Casco Industries, Inc.Thorogood/Weinbrenner pricelistYes
32%
32%
Casco Industries, Inc.Thorogood/Weinbrenner pricelist
Yes
Galls, LLCwww.galls.comYes
20%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
6
Discount % Off Catalog/Pricelist for Riot Equipment/Body Armor
VendorVendor Catalog InfoPercent Discount Award
Big Country SupplyAETCO pricelistYes
5%
GT Distributors, Inc.GT Distributors pricelist (24% to 35% discount)Yes
24%
Big Country SupplyPenn Arms pricelistYes
12%
NAFECOPoint Blank Body Armor pricelistYes
32%
Miller Uniforms & Emblems Inc.Point Blank pricelistYes
44%
Big Country SupplySurvival Armor pricelistYes
45%
CMC Government ServicesTeam Wendy pricelistYes
5%
Galls, LLCwww.galls.comYes
20%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
7
Discount % Off Catalog/Pricelist for Vehicle Equipment
VendorVendor Catalog InfoPercent Discount Award
Casco Industries, Inc.Able 2 Show Me pricelistYes
33%
33%
Casco Industries, Inc.Able 2 Show Me pricelist
Yes
Fleet Safety Equipment, inc.Able 2 Show Me pricelistYes
32%
All America Sales CorporationAble To Show Me pricelistYes
33%
Fleet Safety Equipment, inc.Big Sky Rack pricelistYes
12%
All America Sales CorporationBrooking Industries pricelistNo
40%
Fleet Safety Equipment, inc.Brooking Industries pricelistNo
35%
Cap Fleet UpfittersBrooking pricelistYes
42%
Big Country SupplyCarson pricelist (35% to 40% discount)Yes
35%
All America Sales CorporationCode 3 pricelistYes
43%
Daco Fire EquipmentCode 3 pricelistYes
30%
Industrial Communications Code 3 pricelistNo
25%
Cap Fleet UpfittersD & R pricelistYes
35%
Fleet Safety Equipment, inc.D & R pricelistYes
22%
Decatur Electronics, IncDecatur Electronics pricelistYes
10%
Lone Star Products and Equipment llcFederal Signal pricelistYes
47.5%
Cap Fleet UpfittersFederal Signal pricelistNo
46%
All America Sales CorporationFederal Signal pricelistNo
37%
Industrial Communications Federal Signal pricelistNo
10%
Cap Fleet UpfittersGamber Johnson pricelistYes
40%
Fleet Safety Equipment, inc.Gamber Johnson pricelistYes
31%
Mobile Mounting SolutionsGamber Johnson pricelist (16% to 42.50% Yes
16%
discount)
Fleet Safety Equipment, inc.Go Industries pricelistYes
7%
Cap Fleet UpfittersGo Industries pricelistYes
15%
All America Sales CorporationGo Rhino pricelistYes
20%
Fleet Safety Equipment, inc.Go Rhino pricelistYes
20%
Industrial Communications Go Rhino pricelistNo
10%
GT Distributors, Inc.GT Distributors pricelist (5% to 60% discount)Yes
5%
Cap Fleet UpfittersHavis pricelistYes
36%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
Fleet Safety Equipment, inc.Havis pricelistYes
35%
DFW Communications, Inc.Havis pricelistNo
20%
Industrial Communications Havis pricelistNo
10%
Fleet Safety Equipment, inc.HG2 Lighting pricelistYes
2%
Cap Fleet UpfittersJotto Desk pricelistYes
45%
Fleet Safety Equipment, inc.Jotto desk pricelistYes
33%
All America Sales CorporationJotto Desk pricelistNo
32%
All America Sales CorporationKodiak pricelistYes
30%
Fleet Safety Equipment, inc.Laguna 3P pricelistYes
10%
Big Country SupplyLaguna pricelistYes
18%
Cap Fleet UpfittersLund Electronics pricelistYes
2%
All America Sales CorporationLund Industries pricelistYes
10%
Big Country SupplyNova Electronics pricelistYes
48%
Fleet Safety Equipment, inc.Nova pricelistYes
35.5%
Fleet Safety Equipment, inc.OPS pricelistYes
2%
Fleet Safety Equipment, inc.Pannin pricelistYes
35%
Cap Fleet UpfittersPatriot pricelistYes
40%
All America Sales CorporationPatriot pricelistYes
27%
Fleet Safety Equipment, inc.Prisoner Transport System pricelistYes
2%
Cap Fleet UpfittersProGard pricelistYes
33%
Fleet Safety Equipment, inc.ProGard pricelistYes
32.2%
All America Sales CorporationProGard pricelistNo
22%
DFW Communications, Inc.ProGard pricelistNo
20%
Industrial Communications ProGard pricelistNo
10%
All America Sales CorporationPSE pricelistYes
43%
Fleet Safety Equipment, inc.Ram Mounts pricelistYes
5%
All America Sales CorporationSetina pricelistNo
20%
Lone Star Products and Equipment llcSetina pricelist (10% to 31.50% discount)No
10%
Cap Fleet UpfittersSetina pricelist (10% to 32.20% discount)No
10%
Fleet Safety Equipment, inc.Setina pricelist (21% to 32% discount)Yes
21%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
Cap Fleet UpfittersSound Off Signal pricelistYes
50%
Lone Star Products and Equipment llcSoundOff Signal pricelistYes
55%
All America Sales CorporationSoundOff Signal pricelistNo
45%
Fleet Safety Equipment, inc.Stalker radar pricelistYes
12%
All America Sales CorporationStinger Spike Systems pricelistYes
5%
Fleet Safety Equipment, inc.Stinger Spike Systems pricelistYes
5%
Lone Star Products and Equipment llcSVP/Star Emergency Products pricelist pricelistYes
55%
All America Sales CorporationTomar Electronics pricelistYes
40%
Cap Fleet UpfittersTroy pricelistYes
36%
Industrial Communications Troy pricelistNo
10%
Big Country SupplyTroy pricelist (32% to 39% discount)Yes
32%
Fleet Safety Equipment, inc.Truck Vault pricelistYes
10%
Cap Fleet UpfittersTruckVault pricelistYes
12%
Fleet Safety Equipment, inc.Tufloc pricelistYes
5%
WatchGuard VideoWatchGuard Video pricelistYes
20%
Fleet Safety Equipment, inc.Weather Guard pricelistYes
5%
Cap Fleet UpfittersWhelen pricelistYes
47.5%
Fleet Safety Equipment, inc.Whelen pricelistYes
47.5%
Daco Fire EquipmentWhelen pricelistNo
27%
Industrial Communications Whelen pricelistNo
25%
DFW Communications, Inc.Whelen pricelistNo
25%
NAFECOWhelen pricelistNo
18%
Galls, LLCwww.galls.comYes
10%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
8
Discount % Off Catalog/Pricelist for Tear Gas/Mace, etc.
VendorVendor Catalog InfoPercent Discount Award
Big Country SupplyAERKO pricelist (1% to 20% discount)Yes
1%
CMC Government ServicesCTS Less Lethal Agency pricelistYes
18%
Big Country SupplyCTS Less Lethal Munitions pricelistYes
18%
GT Distributors, Inc.GT Distributors pricelist (16.50% to 17.50% Yes
16.5%
discount)
Big Country SupplyPernn Arms pricelistYes
12%
Galls, LLCwww.galls.comYes
20%
9Discount % Off Catalog/Pricelist for Night Vision/Thermal Imaging Equipment
VendorVendor Catalog InfoPercent Discount Award
Daco Fire EquipmentArgus pricelistYes
10%
Wilson Fire-RescueAvon Protection Systems pricelistYes
20%
Metro Fire Apparatus Specialists, Inc.Bullard pricelist (7% to 12% discount) (excludes Yes
12%
acces. & thermal imagers)
CMC Government ServicesBurris Laser Products pricelistYes
20%
CMC Government ServicesCyalume IR Pricing pricelistYes
25%
Dooley Tackaberry, Inc.Draeger pricelistYes
13%
NAFECODraeger Safety pricelistYes
14.5%
CMC Government ServicesEOTech LE Night Vision pricelistYes
14.25%
GT Distributors, Inc.GT Distributors pricelist (10% to 14% discount)Yes
10%
NAFECOISG/Infrasys pricelistYes
10%
Casco Industries, Inc.MSA pricelistYes
26%
26%
Casco Industries, Inc.MSA pricelist
Yes
Cap Fleet UpfittersNoptic pricelistYes
3%
Wanco IncWanco pricelistYes
15%
Galls, LLCwww.galls.comYes
15%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
10
Discount % Off Catalog/Pricelist for Flashlights, Batteries, Etc.
VendorVendor Catalog InfoPercent Discount Award
Miller Uniforms & Emblems Inc.5.11 pricelistYes
10%
Big Country SupplyASP pricelistYes
40%
NAFECOAsp pricelistYes
23%
Cap Fleet UpfittersBayco NightStick pricelistYes
20%
All America Sales CorporationBayco Nightstick pricelistYes
15%
CMC Government ServicesCyalume Military pricelistYes
30%
CMC Government ServicesEOTech LE Product pricelistYes
14.25%
All America Sales CorporationGolight pricelistYes
10%
GT Distributors, Inc.GT Distributors pricelist (7.50% to 58% Yes
7.5%
discount)
Dooley Tackaberry, Inc.Koehler-Bright Star pricelistYes
25%
Casco Industries, Inc.Streamlight pricelistYes
56%
56%
Casco Industries, Inc.Streamlight pricelist
Yes
College Station Auto PartsStreamlight pricelistNo
45%
Daco Fire EquipmentStreamlight pricelistNo
35%
Dooley Tackaberry, Inc.Streamlight pricelistNo
32%
NAFECOStreamlight pricelistNo
31%
Galls, LLCwww.galls.comYes
20%
11Discount % Off Catalog/Pricelist for Bicycle Patrol Equipment
VendorVendor Catalog InfoPercent Discount Award
CMC Government ServicesCTS Less Lethal Agency pricelistYes
18%
GT Distributors, Inc.GT Distributors pricelistYes
10%
Galls, LLCwww.galls.comYes
20%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
12
Discount % Off Catalog/Pricelist for Handcuffs and Restraints
VendorVendor Catalog InfoPercent Discount Award
NAFECOAsp pricelistYes
23%
CMC Government ServicesCTS Thompson Handcuffs Agency pricelistYes
32%
CMC Government ServicesCTS Thompson Handcuffs Agency pricelist Yes
25%
(Jersey Handcuffs only)
Big Country SupplyCTS/Thompson pricelistYes
33%
GT Distributors, Inc.GT Distributors pricelist (2% to 31% discount)Yes
2%
Big Country SupplyPeerless pricelistYes
33%
Galls, LLCwww.galls.comYes
20%
13Discount % Off Catalog/Pricelist for Scopes and Binoculars
VendorVendor Catalog InfoPercent Discount Award
CMC Government ServicesBurris Optical Products pricelistYes
25%
CMC Government ServicesEOTech LE Product pricelistYes
14.25%
GT Distributors, Inc.GT Distributors pricelist (15% to 31% discount)Yes
15%
Big Country SupplySun Optics pricelistYes
36%
Galls, LLCwww.galls.comYes
20%
14
Discount % Off Catalog/Pricelist for Alcohol and Drug Testing Products
VendorVendor Catalog InfoPercent Discount Award
GT Distributors, Inc.GT Distributors pricelist (0% to 8% discount)Yes
0%
Moore Medical LLCMoore Medical pricelistYes
20%
Galls, LLCwww.galls.comYes
15%
15Discount % Off Catalog/Pricelist for Targets
VendorVendor Catalog InfoPercent Discount Award
GT Distributors, Inc.GT Distributors pricelist (10% to 17% discount)Yes
10%
Galls, LLCwww.galls.comYes
20%
16
Discount % Off Catalog/Pricelist for Finger Print Equipment and Supplies
VendorVendor Catalog InfoPercent Discount Award
GT Distributors, Inc.GT Distributors pricelist (1.50% to 5% discount)Yes
1.5%
CMC Government ServicesSAS Safety Gloves pricelistYes
35%
Galls, LLCwww.galls.comYes
15%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
17
Discount % Off Catalog/Pricelist for Knives and Tools
VendorVendor Catalog InfoPercent Discount Award
NAFECO5.11 Tactical pricelistYes
31%
Casco Industries, Inc.Benchmade pricelistYes
25%
25%
Casco Industries, Inc.Benchmade pricelist
Yes
Big Country SupplyBenchmade pricelist (excludes Gold class Yes
30%
knives)
Big Country SupplyCRKT Knives pricelistYes
35%
GT Distributors, Inc.GT Distributors pricelist (10% to 40% discount)Yes
10%
CMC Government ServicesOn Duty pricelistYes
20%
Galls, LLCwww.galls.comYes
20%
18Discount % Off Catalog/Pricelist for Uniforms and Accessories
VendorVendor Catalog InfoPercent Discount Award
Miller Uniforms & Emblems Inc.5.11 pricelistYes
10%
NAFECO5.11 Tactical pricelistYes
31%
Miller Uniforms & Emblems Inc.Atlanco pricelistYes
10%
NAFECOAtlanco-Truspec pricelistYes
18%
Miller Uniforms & Emblems Inc.Blauer pricelistYes
15%
GT Distributors, Inc.GT Distributors pricelist (12% to 40% discount)Yes
12%
NAFECOLion Stationwear pricelistYes
20%
Miller Uniforms & Emblems Inc.Propper pricelistYes
10%
Miller Uniforms & Emblems Inc.San Mar pricelistYes
5%
CMC Government ServicesVertx pricelistYes
25%
Miller Uniforms & Emblems Inc.Workrite pricelistYes
5%
Galls, LLCwww.galls.comYes
25%
21Discount % Off Catalog/Pricelist for Speed Enforcement Equipment
VendorVendor Catalog InfoPercent Discount Award
Decatur Electronics, IncDecatur Electronics pricelistYes
10%
Big Country SupplyDecatur Electronics pricelistNo
1%
Wanco IncWanco pricelistYes
15%
Galls, LLCwww.galls.com (5% to 10% discount)Yes
5%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
22
Discount % Off Catalog/Pricelist for Emergency Radio Dispatch Consoles and related items
VendorVendor Catalog InfoPercent Discount Award
Industrial Communications JPS/Raytheon pricelistYes
10%
Industrial Communications Motorola pricelistYes
37.6%
DFW Communications, Inc.Motorola pricelistYes
10%
Tri-County Communications, LTDMotorola pricelist (5% to 20% discount)Yes
5%
Industrial Communications Telex/Bosh pricelistYes
10%
Industrial Communications Zetron pricelistYes
10%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
23
Discount % Off Catalog/Pricelist for all Misc. Public Safety Products
VendorVendor Catalog InfoPercent Discount Award
Cap Fleet UpfittersACE K9 pricelistYes
1%
Big Country SupplyAervoe pricelist (10% to 21% discount) (Case Yes
10%
lot purchase only)
Cap Fleet UpfittersAmerican Aluminum pricelistYes
1%
Troxell CommunicationsAmplivox pricelist (5% to 50% discount)Yes
5%
Troxell CommunicationsAnchor pricelist (5% to 50% discount)Yes
5%
Troxell CommunicationsAxis pricelist (5% to 50% discount)Yes
5%
Troxell CommunicationsAzden pricelist (5% to 50% discount)Yes
5%
Troxell CommunicationsBalt pricelist (5% to 50% discount)Yes
5%
NAFECOBlackinton pricelistYes
32%
Troxell CommunicationsBogen Photo pricelist (5% to 50% discount)Yes
5%
Troxell CommunicationsBosch pricelist (5% to 50% discount)Yes
5%
Cap Fleet UpfittersBrother pricelistYes
1%
Troxell CommunicationsBuhl pricelist (5% to 50% discount)Yes
5%
CMC Government ServicesBurris Optical Products pricelistYes
25%
Big Country SupplyC. W. Nielsen pricelistYes
27.5%
Troxell CommunicationsCalifone pricelist (5% to 50% discount)Yes
5%
Troxell CommunicationsCanon pricelist (5% to 50% discount)Yes
5%
Cap Fleet UpfittersCap Fleet Upfitting pricelistYes
2%
Cap Fleet UpfittersCap/Wildfire Cargo Boxes pricelistYes
3%
NAFECOCMC Rescue pricelistYes
3%
Industrial Communications Code 3 pricelistYes
25%
CMC Government ServicesCyalume Military pricelistYes
30%
Troxell CommunicationsDa-Lite pricelist (5% to 50% discount)Yes
5%
Decatur Electronics, IncDecatur Electronics pricelistYes
10%
Cap Fleet UpfittersDell Computers pricelistYes
1%
CMC Government ServicesEOTech LE Product pricelistYes
14.25%
Casco Industries, Inc.ESS pricelistYes
28%
28%
Casco Industries, Inc.ESS pricelist
Yes
Industrial Communications Federal Signal pricelistYes
10%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
Industrial Communications Go Rhino pricelistYes
10%
GT Distributors, Inc.GT Distributors pricelist (0% to 58% discount)Yes
0%
Troxell CommunicationsHamilton pricelist (5% to 50% discount)Yes
5%
Industrial Communications Havis pricelistYes
10%
Cap Fleet UpfittersHG2 pricelistYes
2%
Industrial Communications Icom pricelistYes
35.14%
Troxell CommunicationsIkan pricelist (5% to 50% discount)Yes
5%
Cap Fleet UpfittersKodiak pricelistYes
20%
Laerdal Medical CorporationLaerdal Medical pricelist (7% to 10% discount)Yes
7%
DFW Communications, Inc.LAWS pricelistYes
5%
Cap Fleet UpfittersLund Industries pricelistYes
5%
Troxell CommunicationsLuxor pricelist (5% to 50% discount)Yes
5%
CMC Government ServicesMesa Tactical pricelistYes
16%
Industrial Communications Midland pricelistYes
35.14%
Moore Medical LLCMoore Medical pricelistYes
20%
Industrial Communications Motorola pricelistYes
37.6%
CMC Government ServicesNANUK pricelistYes
50%
Troxell CommunicationsOklahoma Sound pricelist (5% to 50% discount)Yes
5%
Troxell CommunicationsOlympus pricelist (5% to 50% discount)Yes
5%
Cap Fleet UpfittersOPS pricelistYes
3%
Troxell CommunicationsPaso pricelist (5% to 50% discount)Yes
5%
Cap Fleet UpfittersPlastix Plus pricelistYes
2%
Industrial Communications ProGard pricelistYes
10%
Troxell CommunicationsPyle pricelist (5% to 50% discount)Yes
5%
Industrial Communications Relm/BK pricelistYes
35.14%
Cap Fleet UpfittersSanta Cruz Gun Locks pricelistYes
24%
CMC Government ServicesSAS Safety Gloves pricelistYes
35%
CMC Government ServicesSAS safety products pricelistYes
35%
NAFECOSmith & Warren pricelistYes
32%
Troxell CommunicationsSony pricelist (5% to 50% discount)Yes
5%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
Big Country SupplySpike Devil Spike Systems pricelistYes
5%
All America Sales CorporationStinger Spike Systems pricelistYes
5%
Cap Fleet UpfittersStop Stick pricelistYes
2%
CMC Government ServicesTeam Wendy pricelistYes
5%
Cap Fleet UpfittersTremco pricelistYes
4%
Cap Fleet UpfittersTufloc pricelistYes
12%
Industrial Communications Vertex pricelistYes
35.14%
Wanco IncWanco pricelistYes
15%
Industrial Communications Whelen pricelistYes
25%
Galls, LLCwww.galls.com (5% to 20% discount)Yes
5%
24
Discount (%) Off Catalog/Pricelist for Repair Parts of Various Brands
VendorVendor Catalog InfoPercent Discount Award
All America Sales CorporationCode 3 pricelistYes
43%
Industrial Communications Code 3 pricelistYes
25%
All America Sales CorporationFederal Signal pricelistYes
35%
Industrial Communications Federal Signal pricelistYes
10%
Industrial Communications Go Rhino pricelistYes
10%
Industrial Communications Havis pricelistYes
10%
Industrial Communications Icom pricelistYes
35.14%
Industrial Communications Midland pricelistYes
35.14%
Industrial Communications Motorola pricelist (26.2% to 37.6% discount)Yes
26.2%
Industrial Communications ProGard pricelistYes
10%
All America Sales CorporationPSE pricelistYes
43%
Industrial Communications Relm/BK pricelistYes
35.14%
All America Sales CorporationTomar Electronics pricelistYes
35%
Industrial Communications Vertex pricelistYes
35.14%
Wanco IncWanco pricelistYes
15%
Industrial Communications Whelen pricelistYes
25%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
25
Discount (%) Off Catalog/Pricelist for Public Safety Maintenance/Warranty Agreements
VendorVendor Catalog InfoPercent Discount Award
Industrial Communications Code 3 pricelistYes
10%
Industrial Communications Federal Signal pricelistYes
10%
Industrial Communications Globalstar pricelistYes
10%
Industrial Communications Go Rhino pricelistYes
10%
Industrial Communications Havis pricelistYes
10%
Industrial Communications Hytera pricelistYes
10%
Industrial Communications Icom pricelistYes
10%
Industrial Communications JPS/Raytheon pricelistYes
10%
Industrial Communications Maxon pricelistYes
10%
Industrial Communications Midland pricelistYes
10%
Tri-County Communications, LTDMotorola pricelistYes
5%
Industrial Communications Motorola pricelistYes
10%
Industrial Communications MSV pricelistYes
10%
Industrial Communications ProGard pricelistYes
10%
Industrial Communications Relm/BK pricelistYes
10%
Industrial Communications Tait pricelistYes
10%
Industrial Communications Telex/Bosh pricelistYes
10%
Industrial Communications Thales pricelistYes
10%
Industrial Communications Troy pricelistYes
10%
Industrial Communications TSO pricelistYes
10%
Industrial Communications Vertex pricelistYes
10%
Industrial Communications Whelen pricelistYes
10%
Industrial Communications Zetron pricelistYes
10%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
28
Discount % Off Catalog/Pricelist for Breathing Apparatus
VendorVendor Catalog InfoPercent Discount Award
Wilson Fire-RescueAvon Protection Systems pricelistYes
25%
Dooley Tackaberry, Inc.Draeger pricelistYes
13%
NAFECODraeger Safety pricelistYes
15.5%
Metro Fire Apparatus Specialists, Inc.Honeywell pricelistYes
11%
Casco Industries, Inc.MSA pricelist (10% to 30% discount)Yes
10%
10%
Casco Industries, Inc.MSA pricelist (10% to 30% discount)
Yes
Daco Fire EquipmentScott pricelistYes
25%
Dooley Tackaberry, Inc.Scott pricelist (excludes test equipment)Yes
25%
29Discount % Off Catalog/Pricelist for all Protective Clothing and Rescue Gear including Helmets a
VendorVendor Catalog InfoPercent Discount Award
Metro Fire Apparatus Specialists, Inc.Bullard pricelistYes
27%
Dooley Tackaberry, Inc.Bullard pricelist (Helmets only)Yes
38%
Casco Industries, Inc.ESS pricelistYes
28%
28%
Casco Industries, Inc.ESS pricelist
Yes
Dooley Tackaberry, Inc.Fyrepel pricelistYes
25%
Casco Industries, Inc.Globe pricelistYes
20%
20%
Casco Industries, Inc.Globe pricelist
Yes
GT Distributors, Inc.GT Distributors pricelist (20% to 45% discount)Yes
20%
Dooley Tackaberry, Inc.Honeywell pricelistYes
36%
Metro Fire Apparatus Specialists, Inc.Honeywell pricelistNo
25%
Metro Fire Apparatus Specialists, Inc.Lakeland Fire pricelistYes
20%
Casco Industries, Inc.Life Liners pricelistYes
20%
20%
Casco Industries, Inc.Life Liners pricelist
Yes
NAFECOLion Helmets pricelistYes
32.5%
Daco Fire EquipmentLion pricelistYes
25%
Dooley Tackaberry, Inc.Morning Pride Helmets pricelistYes
50%
Casco Industries, Inc.MSA pricelistYes
40%
40%
Casco Industries, Inc.MSA pricelist
Yes
Casco Industries, Inc.PGI pricelistYes
22%
22%
Casco Industries, Inc.PGI pricelist
Yes
Casco Industries, Inc.Shelby pricelistYes
25%
25%
Casco Industries, Inc.Shelby pricelist
Yes
Metro Fire Apparatus Specialists, Inc.TecGen pricelistYes
18%
CMC Government ServicesVertx pricelistYes
25%
Galls, LLCwww.galls.com (0% to 20% discount)Yes
0%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
30
Discount % Off Catalog/Pricelist for all Turnout Gear
VendorVendor Catalog InfoPercent Discount Award
Dooley Tackaberry, Inc.Ashburn Hill pricelistYes
16%
Dooley Tackaberry, Inc.Fyrepel pricelistYes
25%
Casco Industries, Inc.Globe pricelistYes
35%
35%
Casco Industries, Inc.Globe pricelist
Yes
GT Distributors, Inc.GT Distributors pricelistYes
12%
Metro Fire Apparatus Specialists, Inc.Honeywell pricelistYes
52%
Dooley Tackaberry, Inc.Innotex pricelistYes
25%
NAFECOKappler pricelistYes
30%
Daco Fire EquipmentLion pricelistYes
25%
NAFECOLion Turnout Gear pricelistYes
32.5%
Dooley Tackaberry, Inc.Morning Pride Clothing pricelistYes
50%
NAFECOShelby Gloves pricelistYes
25%
NAFECOTecGen pricelistYes
11%
CMC Government ServicesVertx pricelistYes
25%
Galls, LLCwww.galls.comYes
0%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
31
Discount % Off Catalog/Pricelist for all Fire Fighters Protective Boots
VendorVendor Catalog InfoPercent Discount Award
Daco Fire EquipmentBlack Diamon pricelistYes
10%
Metro Fire Apparatus Specialists, Inc.Cosmas pricelistYes
20%
Casco Industries, Inc.Globe pricelistYes
30%
30%
Casco Industries, Inc.Globe pricelist
Yes
GT Distributors, Inc.GT Distributors pricelistYes
40%
NAFECOHaix pricelistYes
16%
Metro Fire Apparatus Specialists, Inc.Haix pricelistYes
10%
Daco Fire EquipmentHaix pricelistYes
10%
Dooley Tackaberry, Inc.Honeywell pricelistYes
36%
Metro Fire Apparatus Specialists, Inc.Honeywell pricelistNo
25%
NAFECOLion Footwear pricelistNo
14%
Daco Fire EquipmentLion pricelistYes
25%
Dooley Tackaberry, Inc.Thorogood pricelistYes
40%
Casco Industries, Inc.Thorogood pricelistNo
33%
Galls, LLCwww.galls.comYes
10%
32Discount % Off Catalog/Pricelist for all Nomex Station Uniforms
VendorVendor Catalog InfoPercent Discount Award
GT Distributors, Inc.GT Distributors pricelistYes
28%
Daco Fire EquipmentLion pricelistYes
25%
NAFECOLion Stationwear pricelistNo
15%
Miller Uniforms & Emblems Inc.Workrite pricelistYes
5%
NAFECOWorkrite pricelistYes
16%
Galls, LLCwww.galls.com (0% to 20% discount)Yes
0%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
33
Discount % Off Catalog/Pricelist for all Footwear
VendorVendor Catalog InfoPercent Discount Award
Miller Uniforms & Emblems Inc.5.11 pricelistYes
10%
Miller Uniforms & Emblems Inc.Blauer pricelistYes
15%
GT Distributors, Inc.GT Distributors pricelist (10% to 40.30% Yes
10%
discount)
NAFECOHaix pricelistYes
16%
Daco Fire EquipmentHaix pricelistYes
10%
NAFECOLion Footwear pricelistYes
14%
Dooley Tackaberry, Inc.Thorogood pricelistYes
40%
Casco Industries, Inc.Thorogood/Weinbrenner pricelistNo
32%
Galls, LLCwww.galls.com (0% to 25% discount)Yes
25%
34Discount % Off Catalog/Pricelist for all Communication Devices and Systems
VendorVendor Catalog InfoPercent Discount Award
Industrial Communications Hytera pricelistYes
25%
Industrial Communications Icom pricelistYes
35.14%
SandP CommunicationsKenwood P25 pricelistYes
20%
Industrial Communications Midland pricelistYes
35.14%
Industrial Communications Motorola pricelist (26.2% to 37.6% discount)Yes
26.2%
Mobile Mounting SolutionsPulse Radiall Larsen pricelistYes
42%
Industrial Communications Relm/BK pricelistYes
35.14%
Dooley Tackaberry, Inc.Scott pricelistYes
25%
Industrial Communications Tait pricelistYes
35.14%
Industrial Communications Thales pricelistYes
20%
Industrial Communications Vertex pricelistYes
35.14%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
35
Discount % Off Catalog/Pricelist for all EMS Supplies and Equipment
VendorVendor Catalog InfoPercent Discount Award
NAFECOCardiac Science pricelistYes
4%
Industrial Communications Code 3 pricelistNo
25%
GT Distributors, Inc.GT Distributors pricelistYes
1.5%
Laerdal Medical CorporationLaerdal Medical pricelist (7% to 10% discount)Yes
7%
Moore Medical LLCMoore Medical pricelistYes
20%
CMC Government ServicesNANUK pricelistYes
50%
CMC Government ServicesSAS Safety Gloves pricelistYes
35%
CMC Government ServicesSAS safety products pricelistYes
35%
Galls, LLCwww.galls.com (5% to 15% discount)Yes
5%
36Discount % Off Catalog/Pricelist for all Portable Lighting Equipment
VendorVendor Catalog InfoPercent Discount Award
Valley Radio CenterAble-2 pricelistYes
42%
NAFECOAkron Brass pricelistYes
32%
Casco Industries, Inc.Akron pricelistNo
30%
Dooley Tackaberry, Inc.Akron pricelist (excludes Alden)Yes
40%
NAFECOCircle D Lights pricelistYes
9%
All America Sales CorporationGo Light Inc. pricelistYes
10%
GT Distributors, Inc.GT Distributors pricelist (7.50% to 46.25% Yes
7.5%
discount)
Fleet Safety Equipment, inc.ROM pricelistYes
1%
Fleet Safety Equipment, inc.Solar Tech pricelistYes
1%
Metro Fire Apparatus Specialists, Inc.Supervac pricelistYes
3%
Wanco IncWanco pricelistYes
15%
Casco Industries, Inc.Weldon pricelistYes
30%
30%
Casco Industries, Inc.Weldon pricelist
Yes
Galls, LLCwww.galls.com (10% to 15% discount)Yes
10%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
37
Discount % Off Catalog/Pricelist for all Vehicle Light Bars, Sirens and Speakers
VendorVendor Catalog InfoPercent Discount Award
Casco Industries, Inc.Able 2 Show Me pricelistYes
33%
33%
Casco Industries, Inc.Able 2 Show Me pricelist
Yes
All America Sales CorporationAble To Show Me pricelistYes
33%
Valley Radio CenterAble-2 pricelistYes
42%
All America Sales CorporationBrooking Industries pricelistYes
40%
Cap Fleet UpfittersBrooking pricelistYes
42%
All America Sales CorporationCode 3 pricelistYes
43%
Industrial Communications Code 3 pricelistNo
25%
Cap Fleet UpfittersD & R pricelistYes
35%
Cap Fleet UpfittersFederal Signal pricelistYes
46%
All America Sales CorporationFederal Signal pricelistYes
37%
Industrial Communications Federal Signal pricelistNo
10%
Cap Fleet UpfittersGamber Johnson pricelistYes
40%
Cap Fleet UpfittersGo Industries pricelistYes
15%
All America Sales CorporationGo Rhino pricelistYes
20%
GT Distributors, Inc.GT Distributors pricelist (5% to 60% discount)Yes
5%
Cap Fleet UpfittersHavis pricelistYes
36%
Cap Fleet UpfittersJotto Desk pricelistYes
45%
All America Sales CorporationJotto Desk pricelistYes
32%
All America Sales CorporationKodiak pricelistYes
30%
All America Sales CorporationLund Industries pricelistYes
10%
Cap Fleet UpfittersPatriot pricelistYes
40%
All America Sales CorporationPatriot pricelistYes
27%
Cap Fleet UpfittersProGard pricelistYes
33%
All America Sales CorporationProGard pricelistYes
22%
All America Sales CorporationPSE pricelistYes
43%
All America Sales CorporationSetina pricelistYes
20%
Cap Fleet UpfittersSetina pricelist (10% to 32.20% discount)Yes
10%
Cap Fleet UpfittersSound Off Signal pricelistYes
50%
All America Sales CorporationSoundOff Signal pricelistYes
45%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
All America Sales CorporationStinger Spike Systems pricelistYes
5%
All America Sales CorporationTomar Electronics pricelistYes
40%
Cap Fleet UpfittersTroy pricelistYes
36%
Cap Fleet UpfittersTruckVault pricelistYes
12%
Fleet Safety Equipment, inc.Whelen pricelistYes
47.5%
Cap Fleet UpfittersWhelen pricelistYes
47.5%
College Station Auto PartsWhelen pricelistNo
40%
Daco Fire EquipmentWhelen pricelistNo
30%
DFW Communications, Inc.Whelen pricelistNo
25%
Industrial Communications Whelen pricelistNo
25%
NAFECOWhelen pricelistNo
18%
Tri-County Communications, LTDWhelen pricelist (5% to 20% discount)No
5%
Galls, LLCwww.galls.com (0% to 10% discount)Yes
0%
38Discount % Off Catalog/Pricelist for all Uniforms
VendorVendor Catalog InfoPercent Discount Award
Miller Uniforms & Emblems Inc.5.11 pricelistYes
10%
NAFECO5.11 Tactical pricelistYes
31%
Miller Uniforms & Emblems Inc.Atlanco pricelistYes
10%
NAFECOAtlanco-Truspec pricelistYes
18%
Miller Uniforms & Emblems Inc.Blauer pricelistYes
15%
NAFECOElbeco pricelistYes
3%
GT Distributors, Inc.GT Distributors pricelist (12% to 40.30% Yes
12%
discount)
Miller Uniforms & Emblems Inc.Propper pricelistYes
10%
Miller Uniforms & Emblems Inc.San Mar pricelistYes
5%
CMC Government ServicesVertx pricelistYes
25%
Miller Uniforms & Emblems Inc.Workrite pricelistYes
5%
Galls, LLCwww.galls.com (0% to 25% discount)Yes
0%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
39
Discount % Off Catalog/Pricelist for all Gas Detection Devices
VendorVendor Catalog InfoPercent Discount Award
Dooley Tackaberry, Inc.BW pricelist (7% to 21% discount)Yes
7%
Dooley Tackaberry, Inc.Draeger pricelistYes
13%
NAFECODraeger Safety pricelistNo
12%
Metro Fire Apparatus Specialists, Inc.GFG pricelistYes
3%
Casco Industries, Inc.MSA pricelistYes
22%
22%
Casco Industries, Inc.MSA pricelist
Yes
Dooley Tackaberry, Inc.RAE pricelistYes
5%
Daco Fire EquipmentScott pricelistYes
25%
40Discount % Off Catalog/Pricelist for all Fire Hose and Nozzles
VendorVendor Catalog InfoPercent Discount Award
NAFECOAkron Brass pricelistYes
32%
Dooley Tackaberry, Inc.Akron pricelistYes
40%
Casco Industries, Inc.Akron pricelistNo
32%
Metro Fire Apparatus Specialists, Inc.All American Hose pricelistYes
30%
Casco Industries, Inc.Elkhart Brass pricelistYes
40%
40%
Casco Industries, Inc.Elkhart Brass pricelist
Yes
NAFECOElkhart Brass pricelistNo
32%
Dooley Tackaberry, Inc.Elkhart pricelistYes
39%
NAFECOKey Fire Hose pricelistNo
32%
Dooley Tackaberry, Inc.Key pricelistYes
40%
NAFECOKochek pricelistYes
38%
Daco Fire EquipmentNorth America pricelistYes
40%
Casco Industries, Inc.North America pricelistNo
30%
Metro Fire Apparatus Specialists, Inc.Taskforce Tips pricelistYes
26%
41Discount % Off Catalog/Pricelist for all Fire Extinguishers
VendorVendor Catalog InfoPercent Discount Award
Dooley Tackaberry, Inc.Ansul pricelistYes
50%
Daco Fire EquipmentBadger pricelistYes
35%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
42
Discount % Off Catalog/Pricelist for all Fire Fighting Foam
VendorVendor Catalog InfoPercent Discount Award
Dooley Tackaberry, Inc.Ansul pricelistYes
50%
Casco Industries, Inc.Chem Guard pricelistYes
50%
50%
Casco Industries, Inc.Chem Guard pricelist
Yes
Daco Fire EquipmentChem Guard pricelistNo
30%
NAFECOChemguard pricelistNo
18%
NAFECOFire Service Plus/Fireade pricelistYes
18%
Wilson Fire-RescueIntegra Enviromental pricelistYes
2%
Casco Industries, Inc.Microblaze pricelistYes
18%
18%
Casco Industries, Inc.Microblaze pricelist
Yes
Dooley Tackaberry, Inc.National pricelistYes
25%
43Discount % Off Catalog/Pricelist for all Training Materials and Equipment
VendorVendor Catalog InfoPercent Discount Award
Laerdal Medical CorporationLaerdal Medical pricelist (7% to 10% discount)Yes
7%
Moore Medical LLCMoore Medical pricelistYes
20%
44Discount % Off Catalog/Pricelist for all Optical Emergency Traffic Pre-Emption Supplies and Equ
VendorVendor Catalog InfoPercent Discount Award
GT Distributors, Inc.GT Distributors pricelist (40% to 50% discount)Yes
40%
Texas Highway ProductsTomar - Strobecom pricelistYes
5%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
45
Discount % Off Catalog/Pricelist for all Other Fire House Equipment and Supplies
VendorVendor Catalog InfoPercent Discount Award
Wilson Fire-RescueAirshore pricelistYes
10%
NAFECOAjax Tools pricelistYes
12%
Daco Fire EquipmentAkron pricelistYes
32%
Casco Industries, Inc.Akron pricelistYes
32%
32%
Casco Industries, Inc.Akron pricelist
Yes
Casco Industries, Inc.Bauer pricelistYes
10%
10%
Casco Industries, Inc.Bauer pricelist
Yes
Daco Fire EquipmentClass I pricelistYes
20%
Dooley Tackaberry, Inc.CMC pricelistYes
10%
NAFECOCMC Rescue pricelistYes
10%
Dooley Tackaberry, Inc.Con-Space pricelistYes
5%
NAFECOCouncil Tools pricelistYes
28%
CMC Government ServicesCyalume Military pricelistYes
30%
Daco Fire EquipmentGenesis pricelistYes
10%
Casco Industries, Inc.Hale pricelist (No parts)Yes
18%
18%
Casco Industries, Inc.Hale pricelist (No parts)
Yes
Dooley Tackaberry, Inc.Harrington pricelistYes
45%
Metro Fire Apparatus Specialists, Inc.Holmatro pricelistYes
3%
Wilson Fire-RescueHurst e-Draulics pricelistYes
18%
Wilson Fire-RescueHurst HP pricelistYes
18%
Wilson Fire-RescueHurst Jaws of Life pricelistYes
18%
Wilson Fire-RescueHurst LP pricelistYes
18%
Dooley Tackaberry, Inc.Kochek pricelistYes
47%
Casco Industries, Inc.Kochek pricelistNo
46%
Metro Fire Apparatus Specialists, Inc.Kochek pricelistNo
28%
Moore Medical LLCMoore Medical pricelistYes
20%
CMC Government ServicesNANUK pricelistYes
50%
NAFECONupla pricelistNo
8%
Casco Industries, Inc.Nupla pricelistYes
35%
35%
Casco Industries, Inc.Nupla pricelist
Yes
CMC Government ServicesOn Duty pricelistYes
20%
Metro Fire Apparatus Specialists, Inc.Paratech pricelistYes
7%
NAFECOParatech pricelistYes
4%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
NAFECOPerformance Advantage (PAC) pricelistNo
3%
Daco Fire EquipmentPerformance Advantage pricelistYes
15%
Dooley Tackaberry, Inc.PMI pricelistYes
22%
Wilson Fire-RescueQuickstruts pricelistYes
5%
Casco Industries, Inc.Reddy Pack pricelistYes
11%
11%
Casco Industries, Inc.Reddy Pack pricelist
Yes
Wilson Fire-RescueRescue 42 Struts pricelistYes
5%
CMC Government ServicesSAS Safety Gloves pricelistYes
35%
CMC Government ServicesSAS safety products pricelistYes
35%
Daco Fire EquipmentStalion air Compressors pricelistYes
5%
NAFECOSupervac pricelistYes
22%
Daco Fire EquipmentSupervac pricelistYes
15%
Metro Fire Apparatus Specialists, Inc.SuperVac pricelistNo
10%
Daco Fire EquipmentSwissphones pricelistYes
20%
Casco Industries, Inc.Tempest pricelistYes
25%
25%
Casco Industries, Inc.Tempest pricelist
Yes
NAFECOTempest pricelistNo
10%
NAFECOTNT Tools pricelistYes
3%
Lone Star Products and Equipment llcTroy Products pricelist (35% to 41% discount)Yes
35%
Metro Fire Apparatus Specialists, Inc.Unifire pricelistYes
10%
Wilson Fire-RescueVetter Lifting Bags pricelistYes
18%
Wilson Fire-RescueWilson Fire & Rescue Fee'sYes
0%
Casco Industries, Inc.Zico pricelistYes
12%
12%
Casco Industries, Inc.Zico pricelist
Yes
46Discount (%) Off Catalog/Pricelist for Repair Parts of Various Brands
VendorVendor Catalog InfoPercent Discount Award
All America Sales CorporationCode 3 pricelistYes
43%
All America Sales CorporationFederal Signal pricelistYes
37%
Wilson Fire-RescueHurst Jaws of Life pricelistYes
2%
All America Sales CorporationPSE pricelistYes
43%
All America Sales CorporationTomar Electronics pricelistYes
35%
Wanco IncWanco pricelistYes
15%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Catalog Award Report for Public Safety & Fire House Supplies & Equipment #432-13
47
Discount (%) Off Catalog/Pricelist for Fire House Safety Maintenance/Warranty Agreements
VendorVendor Catalog InfoPercent Discount Award
Wilson Fire-RescueWilson Fire & Rescue Hurst Service pricelistYes
0%
Wilson Fire-RescueWilson Fire & Rescue Lifiting Bag Hydro Test Yes
0%
pricelist
50Discount % Off Catalog/Pricelist for Traffic Signal Equipment
VendorVendor Catalog InfoPercent Discount Award
Fleet Safety Equipment, inc.Decatur Speed Enforcement pricelistYes
1%
Paradigm Traffic Systems, Inc.Paradigm Traffic Systems pricelistYes
0%
J P SalesPelco pricelistYes
3%
Fleet Safety Equipment, inc.Stalker Speed Enforcement pricelistYes
2%
51
Discount % Off Catalog/Pricelist for Traffic Signal Supplies
VendorVendor Catalog InfoPercent Discount Award
Dynamic Vison Co., IncDynamic Vision pricelistYes
5%
52Discount % Off Catalog/Pricelist for All Other Traffic Signal Products
VendorVendor Catalog InfoPercent Discount Award
Paradigm Traffic Systems, Inc.Paradigm Traffic Systems Pelco pricelistYes
5%
54Discount (%) Off Catalog/Pricelist for Traffic Signal Maintenance/Warranty Agreements
VendorVendor Catalog InfoPercent Discount Award
TX Service, Inc.Tx Service pricelistYes
10%
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Award Report for Public Safety & Fire House Supplies & Equipment #432-13
26
Please state the Hourly Labor Rate for Installation of Equipment and Systems of Various Brands fo
VendorVendor Brand and Model NumberBid PriceAward
All America Sales CorporationHourly Labor Rate for Installation of Equipment & $49.50Yes
Systems (At All American sales Corp Facility,
appointment needed.)
Valley Radio CenterHourly Labor Rate for Installation of Equipment & $55.00Yes
Systems
Cap Fleet UpfittersHourly Labor Rate for Installation of Equipment & $55.00Yes
Systems
Industrial Communications Hourly Labor Rate for Installation of Equipment & $60.00Yes
Systems
Tri-County Communications, LTDHourly Labor Rate for Installation of Equipment & $65.00Yes
Systems (Within 100 mile radius of Weslaco, TX)
Daco Fire EquipmentHourly Labor Rate for Installation of Equipment & $95.00Yes
Systems
WatchGuard VideoHourly Labor Rate for Installation of Equipment & $100.00Yes
Systems
Mobile Mounting SolutionsHourly Labor Rate for Installation of Equipment & $100.00Yes
Systems (Travel not included)
DFW Communications, Inc.Hourly Labor Rate for Installation of Equipment & $105.00Yes
Systems
Wilson Fire-RescueHourly Labor Rate for Installation of Equipment & $110.00Yes
Systems (plus $.85 per mile)
Wanco IncHourly Labor Rate for Installation of Equipment & $125.00Yes
Systems (Travel not included)
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Award Report for Public Safety & Fire House Supplies & Equipment #432-13
27
Please state the Hourly Labor Rate for Repair/Service of Various Brands for Public Safety
VendorVendor Brand and Model NumberBid PriceAward
All America Sales CorporationHourly Labor Rate for Repair/Service of Equipment & $49.50Yes
Systems (At All American sales Corp Facility,
appointment needed.)
Cap Fleet UpfittersHourly Labor Rate for Repair/Service of Equipment & $55.00Yes
Systems
Industrial Communications Hourly Labor Rate for Repair/Service of Equipment & $60.00Yes
Systems
Decatur Electronics, IncHourly Labor Rate for Repair/Service of Equipment & $65.00Yes
Systems
Tri-County Communications, LTDHourly Labor Rate for Repair/Service of Equipment & $75.00Yes
Systems (Within 100 mile radius of Weslaco, TX)
Daco Fire EquipmentHourly Labor Rate for Repair/Service of Equipment & $75.00Yes
Systems
Wilson Fire-RescueHourly Labor Rate for Repair/Service of Equipment & $90.00Yes
Systems (plus $.85 per mile)
Mobile Mounting SolutionsHourly Labor Rate for Repair/Service of Equipment & $100.00Yes
Systems (Travel not included)
DFW Communications, Inc.Hourly Labor Rate for Repair/Service of Equipment & $105.00Yes
Systems
Valley Radio CenterHourly Labor Rate for Repair/Service of Equipment & $110.00No
Systems
Wanco IncHourly Labor Rate for Repair/Service of Equipment & $125.00Yes
Systems (Travel not included)
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Award Report for Public Safety & Fire House Supplies & Equipment #432-13
48
Please state the Hourly Labor Rate for Installation of Equipment and Systems of Various Brands fo
VendorVendor Brand and Model NumberBid PriceAward
Fleet Safety Equipment, inc.Hourly Labor Rate for Installation of Equipment & $50.00Yes
Systems
Valley Radio CenterHourly Labor Rate for Installation of Equipment & $55.00Yes
Systems
Cap Fleet UpfittersHourly Labor Rate for Installation of Equipment & $55.00Yes
Systems
Tri-County Communications, LTDHourly Labor Rate for Installation of Equipment & $75.00Yes
Systems (Radio Equipment only)
Daco Fire EquipmentHourly Labor Rate for Installation of Equipment & $95.00Yes
Systems
Mobile Mounting SolutionsHourly Labor Rate for Installation of Equipment & $100.00Yes
Systems (Travel not included)
DFW Communications, Inc.Hourly Labor Rate for Installation of Equipment & $105.00No
Systems
Wilson Fire-RescueHourly Labor Rate for Installation of Equipment & $110.00Yes
Systems (plus $.85 per mile)
Wanco IncHourly Labor Rate for Installation of Equipment & $125.00Yes
Systems (Travel not included)
49Please state the Hourly Labor Rate for Repair/Service of Various Brands for Fire House
VendorVendor Brand and Model NumberBid PriceAward
Fleet Safety Equipment, inc.Hourly Labor Rate for Repair/Service of Equipment & $50.00Yes
Systems
Cap Fleet UpfittersHourly Labor Rate for Repair/Service of Equipment & $55.00Yes
Systems
Tri-County Communications, LTDHourly Labor Rate for Repair/Service of Equipment & $75.00Yes
Systems (Radio Equipment only)
Daco Fire EquipmentHourly Labor Rate for Repair/Service of Equipment & $75.00Yes
Systems
Wilson Fire-RescueHourly Labor Rate for Repair/Service of Equipment & $90.00Yes
Systems (plus $.85 per mile)
Mobile Mounting SolutionsHourly Labor Rate for Repair/Service of Equipment & $100.00Yes
Systems (Travel not included)
DFW Communications, Inc.Hourly Labor Rate for Repair/Service of Equipment & $105.00No
Systems
Valley Radio CenterHourly Labor Rate for Repair/Service of Equipment & $110.00Yes
Systems
Wanco IncHourly Labor Rate for Repair/Service of Equipment & $125.00Yes
Systems (Travel not included)
The Local Government Purchasing Cooperative
For the Period 4/1/2014 to 3/31/2017
Final Award Report for Public Safety & Fire House Supplies & Equipment #432-13
55
Please state the Hourly Labor Rate for Installation of Equipment and Systems of Various Brands fo
VendorVendor Brand and Model NumberBid PriceAward
Decatur Electronics, IncHourly Labor Rate for Installation of Equipment & $1.00Yes
Systems
Fleet Safety Equipment, inc.Hourly Labor Rate for Installation of Equipment & $50.00Yes
Systems
Valley Radio CenterHourly Labor Rate for Installation of Equipment & $55.00Yes
Systems
SandP CommunicationsHourly Labor Rate for Installation of Equipment & $90.00Yes
Systems
DFW Communications, Inc.Hourly Labor Rate for Installation of Equipment & $105.00No
Systems
TX Service, Inc.Hourly Labor Rate for Installation of Equipment & $120.00Yes
Systems ($120.00 to $378.00 not including emergency
calls or Holiday calls)
56Please state the Hourly Labor Rate for Repair/Service of Various Brands for Traffic Signals
VendorVendor Brand and Model NumberBid PriceAward
Fleet Safety Equipment, inc.Hourly Labor Rate for Repair/Service of Equipment & $50.00Yes
Systems
Decatur Electronics, IncHourly Labor Rate for Repair/Service of Equipment & $65.00Yes
Systems
SandP CommunicationsHourly Labor Rate for Repair/Service of Equipment & $80.00Yes
Systems
DFW Communications, Inc.Hourly Labor Rate for Repair/Service of Equipment & $105.00Yes
Systems
Valley Radio CenterHourly Labor Rate for Repair/Service of Equipment & $110.00No
Systems
TX Service, Inc.Hourly Labor Rate for Repair/Service of Equipment & $175.00Yes
Systems ($120.00 to $378.00 not including emergency
calls or Holiday calls)
607 W. 62nd Street(318) 865-5107P.O. Box 8007
SERVING TEXAS AND NEW MEXICO
HEADQUARTERS: SHREVEPORT, LA 71148-8007
NORTH RICHLAND HILLS FD SAME
SOLD TO:SHIP TO:
CAPT BEAUDETTE
ATTN:ATTN:
PHONE:PHONE:
EMAIL:EMAIL:
CUST PO NUMBERSALES REPSALES REP REF #
CREDIT CARD:
JPS001
NAME/EXP DATE 109
DIST
TERMSFREIGHTDATEFORM TYPE
NUMBER/CODE/ZIP
30ALLOW11/30/2016 QUOTE
TRANSACTION ID#
ITEMLOCDESCRIPTIONQTYSHIPPEDPRICEAMOUNT
1 MSA# A-G1FS-4-4-1-M-A-2-C-0-L-C-R$ -19$ 4,377.55$ 83,173.45
SYSTEM_PRESSURE (4) 4500 PSI $ -$ -$ -
CYLINDER_CONNECTION (4) CGA QUICK REMOTE$ -$ -$ -
HARNESS (1) STANDARD NO CHEST STRAP$ -$ -$ -
CRADLE_TYPE (M) METAL BAND$ - $$ -
LUMBAR_TYPE (A) ADJ SWIVEL LUMBAR PAD$ -$ -$ -
REGULATOR_TYPE (2) SOLID COVER LEFT SH$ -$ -$ -
REGULATOR_HOSE_TYPE ( C ) CONTINUOUS$ -$ -$ -
EMERGENCY BREATHING (0)$ -$ -$ -
SPEAKER_MODULE (L) LEFT CHEST$ -$ -$ -
PASS ( C ) TELEMETRY RIGHT SHOULDER$ -$ -$ -
BATTERY_TYPE ( R ) RECHARGEABLE$ -$ -$ -
2 SAME AS ABOVE WITH THERMAL CAMERA$ -27$ 5,459.00$ 147,393.00
3 BASE STATION FOR TELEMETRY 50 TAGS, READER,WRITER$ -2$ 1,820.00$ 3,640.00
4$ -5$ 826.00$ 4,130.00
MSA# 10158385 CHARGING STATION INCLUDES 2 BATT
5 MSA# 10156424-SP 4500/ 45MINUTE CYLINDER W/QC$ -120$ 735.00$ 88,200.00
6$ -100$ 234.00$ 23,400.00
MSA# 10161813 FACEPIECE 5 POINT
7 MSA# 10169711 RIT INCLUDING 60 MIN CYLINDER$ -5$ 4,285.00$ 21,425.00
8$ -10$ 120.00$ 1,200.00
MSA# 10144230 Specticle Kit, G1 Facepiece
$ -$ -$ -
9 EXTENDED WARRANTY FOR TIC TO 15 YEARS $ -27$ 1,000.00$ 27,000.00
$ -$ -$ -
10 POSI-CHECK SOFTWARE$ -N/C$ -$ -
11 G1 TECHNICIAN TRAINING$ -N/C$ -$ -
$ -$ -$ -
SHIPPING IS ALLOWED FOR ALL ITEMS$ -N/C$ -$ -
BUY BOARD # 432-13$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
ADDITIONAL COMMENTS BELOW DIST TOTAL:$ 399,561.45 Subtotal$ 399,561.45
Tax$ -
ALLOW
Freight$ -
TOTAL$ 399,561.45
δtwhL5LbD twh9/Lhb Chw Ih{9 Ih twh9/ {δ
Page 1
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:November 30, 2016
SUBJECT:Authorize purchase from Atlas Utility Supply Company for Badger
water meter units in an amount not to exceed $400,000.
PRESENTER:Kenneth Garvin, Public Works Utilities Superintendent
SUMMARY:
Staff is requesting City Council authorization to purchase Badger water meter units from
Atlas Utility Supply Company, a sole source distributor located in Fort Worth,for an
amount not to exceed $400,000. A Badger water meter unit is a meter that tracks
customer’s water usage and an electronic transponder device that transmits data from
the water meter to a reading device.
GENERAL DESCRIPTION:
Since 1992, the Cityhas purchased Badger water meter units. The City has
approximately 20,000 Badger units throughout the City. The Badger meter is one of the
most accurate and dependable water meters on the market.
Annually, Council approves $400,000in the Utility Capital Projects Budgetfor
replacement of meter units that have failed or are over 10 years in age. The
replacement program ensures the accuracy of the measurement of water usage by the
customer. Meters that are older than 10 years have internal parts that may fail and
cause the reading to be inaccurate.
The Badger meter units are the only type compatible with the City’s existing meter
reading system. The City uses a Badger reading device that is placed in a motor
vehicle that is driven on all City streets. As the vehicle travels along the street, the
reading device receives data from the transponder located on the water meter for
customer’s usage. Once the meters are read, the data is then transferred to a central
computer using Badger software.
The manufacturers of Badger meters have exclusive designated territories for
distribution of their meters. Atlas Utility Supply is the only authorized distributor for the
territory covering North Richland Hills. Atlas has always provided good service, met all
specifications and made deliveries on time. Their inventory is adequate to serve the
City.
Attached is the sole source letter and sole source purchasing prices for the Badger
water meter units from Atlas Utility Supply Company.
RECOMMENDATION:
Authorizepurchase from Atlas Utility Supply Company for Badger water meter units in
an amount not to exceed $400,000.
ATLAS UTILITY SUPPLY CO. Q-U-O-T-A-T-I-O-N
2301 CARSON ST. 108307 \[DKJ \]
FT. WORTH TX 76117-5212 DATE :NOV 04 2016
CANCELS:FEB 02 2017
PAGE NO: 1 \[MAIN\]
TEL#: (817)831-4275 FAX#: (817)831-1014 SLSM NO: DJ
(817)427-6445 \[FAX#: (817)427-6444\]
ACCOUNT: CITY OF NO.RICHLAND HILLS LOCATION WILL CALL
EMAIL INVOICE
P O BOX 820609
N. RICHLAND HILLS TX 76182
\[Acct#:NORRIH\]
====================================================================================================================================
ACCOUNT# LOCATION DEPARTMENT CUSTOMER PO NO. RELEASE# BUYER TERMS DUE BY SHIP VIA
NORRIH KENNETH GARVIN KENNETH GARVIN NET 30 DAYS 12-04-16 WC
====================================================================================================================================
QTY QTE | | |UM| PRODUCT CODE - DESCRIPTION |TX| | | XREF | UNIT PRICE | AMOUNT
| | | | | | | | | |
| | | | | | | | | |
| | | |: 1-75-6005194 | | | | | |
1| | |Y |BMOE25SSCF308SE | |NT| | | 249.50 Y | 249.50
| | | | BADGER 5/8" X 3/4" E-SERIES METER WITH | | | | | |
| | | | CUBIC FEET HR-E LCD ENCODER, 308 | | | | | |
| | | | CONNECTOR, AND ORION SE PIT TRANSMITTER | | | | | |
| | | | 6' LEAD | | | | | |
1| | |EA|BMOE55SSCF308SE | |NT| | | 328.00 EA| 328.00
| | | | BADGER 1" E-SERIES METER WITH CUBIC FEET | | | | | |
| | | | HR-E LCD ENCODER, 308 CONNECTOR, AND | | | | | |
| | | | ORION SE PIT TRANSMITTER, 6' LEAD. | | | | | |
1| | |EA|BMPM120 CHAM ASSY | |NT| | | 193.00 EA| 193.00
| | | | BADGER M-120 CHAMBER ASSEMBLY | | | | | |
1| | |EA|BMPM170 CHAM ASSY | |NT| | | 207.00 EA| 207.00
| | | | BADGER M-170 CHAMBER ASSEMBLY | | | | | |
1| | |EA|BMOE120SSCF308SE | |NT| | | 625.00 EA| 625.00
| | | | BADGER 1-1/2" E-SERIES METER WITH CUBIC | | | | | |
| | | | FEET HR-E LCD ENCODER, 308 CONNECTOR, | | | | | |
| | | | AND ORION SE PIT TRANSMITTER 6' LEAD | | | | | |
1| | |EA|BMOE170SSCF308SE | |NT| | | 785.00 EA| 785.00
| | | | BADGER 2" E-SERIES METER WITH CUBIC FEET | | | | | |
| | | | HR-E LCD ENCODER, 308 CONNECOTR, AND | | | | | |
| | | | ORION SE PIT TRANSMITTER 6' LEAD | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
====================================================================================================================================
** TOTAL | 2387.50
|
|
|
|
|
====================================================================================================================================
CITY COUNCIL MEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:ZC2016-16, Ordinance No. 3439,Public Hearing and consideration
of a request from Point Blank Range & Gun Shopfor a Zoning
Change to revise Planned Development 41 for the purpose of
including “Indoor Shooting Range” on 2.1 acres located at 6201 NE
Loop 820.
PRESENTER:Clayton Comstock, Planning Manager
SUMMARY:
On behalf of property owner PWIC-TEXAS, LLC, Point Blank Range & Gun Shopis
requesting a zoning change to amend the 2.1-acre Non-Residential Planned
Development No. 41 Zoning District at the northeast corner of Iron Horse Boulevard and
NE Loop 820 to allow an “indoor shooting range” use. The existing building and site at
6201 NE Loop 820 was previously used as a Staples office supply store.
GENERAL DESCRIPTION:
Ohio-based Point Blank Range & Gun Shop currently has 10 locations in the Midwest,
including stores in Ohio, Kentucky, Indiana,and Illinois. According to the applicant, this
proposed location would be one of multiple locations within the DFW Metroplex.
The attached floor plan shows the majority (about 9,500 square feet) of the old Staples
retail building being used for gun range space. A retail sales floor accounts for a bulk of
the remaining building square footage. About 1,000 square feet would also be used as
classroom space.
The building is larger than their typical store, so about 2,500 square feet is reserved for
product storage. Since the business plans to open additional stores in the Metroplex,
this storage area may be used for product distribution to other locations. As such, the
attached NR-PD Development Regulations contain restrictions on deliveries and
storage of delivery vehicles.
For an idea of the plans for the interior store layout and finish out, an interior tour of their
Dayton, Ohio,store can be viewed online by clicking here.
The applicant is aware of the pending opening of Total Shooting Sports at 7901
Boulevard 26 later this year. They have cited their business model as being different
from Total Shooting Sports and can provide additional detail during their public hearing
presentation.
Proposed Building & Site Improvements
The property is located within area identified on the Comprehensive Land Use Plan for
Transit Oriented Development (TOD). Because of the significant capital investment in
security, ventilation, and bullet containment systems, an indoor shooting range use is
likely one that will be associated with this property for a number of years and possibly
through various operators if this zoning change is approved. As such, the applicant has
agreedto certain site improvement recommendations of the Development Review
Committee that can begin transitioning this property into the Iron Horse TOD District.
The applicanthas agreed to the following:
1.Installa 6-foot sidewalk along NE Loop 820 frontageroad.
2.Replace the existing 4-foot sidewalk along Iron Horse Boulevard with a 6-foot
sidewalk meetingTOD standards.
3.Replace six existing light fixtures along Iron Horse Boulevard with dual “bell style”
fixtures to meet the streetscape design standards of Iron Horse Boulevard.
4.Upgrade the existing refuse container enclosure to current code standards by
installing opaque metal gates.
5.Wrap the six light pole bases along Iron Horse Boulevard mentioned above in
Leuders limestone to meet the intent of the Freeway Corridor Overlay District
design standards.
Minor improvements are also proposed to the building’s facades andare intended to
remove the image of a former Staples office supply store. Areas of existing red tile are
proposed to be exchanged for an EIFS band of black and “jalapeno” orange(see
below). A thicker black cornice is also proposed around the top of the building and the
existing red awning would be replaced with a more modern storefront canopy/awning.
Security Measures
In light of some recent “smash-and-dash” robberies in the DFW area of gun stores and
ranges, the Development Review Committee requested information regarding the
applicant’s intended security measures. The following are the security measures the
applicant incorporates into their stores, some of which have been incorporated into the
attached NR-PD Development Regulations:
1.Maximum exterior and parking lot lighting
2.Limited points of entry
3.Rolling security doors on front entrance
4.Security film on additional exterior windows
5.Roll down or Trident™locking system doors on additional exterior entrances
6.No double doors
7.Nine to twelve zones of motion and shatter detection depending on floor plan
8.Sixteen or more security cameras with video retention
9.Panic button at each point of sale
10.Concrete and steel bollards placed at vulnerable exterior entrances
11.Enrollment in full security monitoring
Ventilation Equipment Screening
The Planning & ZoningCommission raised questions aboutthe screening of the ventilation
equipment on the exterior of the building where the existing loading dock area is located.
The existing wall is 6’4” tall and is adjacent to a 10-foot tall dumpster screening wall. The
Commission requested that the wall be increased to eight feet (8’) and that some “color
articulation” be added to the wall. The applicant plans to create a new black cornice/trim to
the top of the building. The same black trim couldbe added to the masonry screening wall
for added color.
NR-PD Development Regulations
Attached are the proposed standardsfor this Non-Residential Planned Development
district. They are meant to reflect the proposed improvements listed above as well as
the existing site conditions as originally approved by PD-41 (Ordinance No. 2580).
COMPREHENSIVE PLAN:
This area is designated on the Comprehensive Land Use
Plan as “Transit Oriented Development.” This designation is intended to support the
development of the community’s stationareas into pedestrian-oriented, mixed-use
urban neighborhoods, with convenient access to rail transit, shopping, employment,
housing, and neighborhood retail services. The goal of each station area is to
encourage an efficient, compact land use pattern; encourage pedestrian activity; reduce
the reliance on private automobiles; promote a more functional and attractive
community through the use of recognized principles of urban design; and allow property
owners flexibility in land use, while prescribing a high level of detail in building design
and form.
CURRENT ZONING:
The property is currently zoned Non-Residential Planned
Development (NR-PD) No. 41, which was approved by City Council in November 2001
for the purpose of allowing waivers to building articulation standards. In exchange,
additional landscaping was provided to the site and driveways along Iron Horse
Boulevard were designated as right-in and right-out only. All other uses and regulations
of the C-2 Commercial zoning district were maintained.
PROPOSED ZONING:
The proposed zoning is an amendment to the Non-Residential
Planned Development (NR-PD) for the purpose of adding the “indoor shooting range”
use to the permitted uses within the district.
SURROUNDING ZONING | LAND USE:
North:C-2 Commercial| Transit Oriented Development
West:
C-2 Commercial| Transit Oriented Development
South:
Interstate Highway Loop 820
East:
C-2 Commercial| Transit Oriented Development
PLAT STATUS:
The property is currently platted as Lot 5R1, Block 6, Tapp Addition.A
replat of the property is not necessary if the zoning is approved.
PLANNING AND ZONING COMMISSION:
ThePlanning and Zoning Commission
conducted a public hearing and considered this item at the November 17, 2016,
meeting and voted 6-0 to recommend approvalsubject to the ventilation equipment
screening at the rear of the building being enclosed and eight feet (8’) in heightand
some color articulation.
RECOMMENDATION:
ApproveZC2016-16subject to Planning & Zoning Commission’s recommendations.
NE Loop 820
NOTICE OF PUBLIC HEARINGS
CITY OF NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
Case Number: ZC 2016-16
Applicant:Point Blank Range & Gunshop
Location:6201 NE Loop 820
You are receiving this notice because you are a property owner of record within 200
feet of the propertyshown on the attached map.
Purpose of Public Hearing:
A Public Hearingis being heldtoconsider a request from Point Blank Range & Gunshopfor a
Zoning Change to revise Planned Development Number 41for the purpose of including the
“Indoor Shooting Range” useon 2.1 acres located at 6201 NE Loop 820.
Public Hearing Schedule:
PLANNING AND ZONING COMMISSION
Public Hearing Dates:
7:00 PM THURSDAY, NOVEMBER 17, 2016
CITY COUNCIL
7:00 PM MONDAY, DECEMBER 12, 2016
CITY COUNCIL CHAMBERS
Both Meeting Locations:
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above request,
please contact:
Planning Department-City of North Richland Hills
4301City Point Drive
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
SAM'S REAL ESTATE BUSINESS TR
SKEETER & BUCKY LPSKEETER & BUCKY LPAttention: % RE PROPTAX DEPT MS
5944 LUTHER LN STE 405 PO Box 1111000555
DALLAS TX 75225-5916Carrollton, TX 75011PO BOX 8050
BENTONVILLE AR 72712-8055
BIRDVILLE INDEPENDENT SCHOOL
PWIC TEXAS LLC
DISTRICT
Attention: % SHEARN H PLATT
ATTN: MIKE SEALE
600 B ST STE 2350
6125 EAST BELKNAP
SAN DIEGO CA 92101-4503
HALTOM CITY, TX 76117
ORDINANCE NO. 3439
ZONING CASE ZC 2016-16
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS BY AMENDING NON-RESIDENTIAL
PLANNED DEVELOPMENT (NR-PD) ZONING DISTRICT NUMBER 41
OF THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF
ADDING AN INDOOR SHOOTING RANGEUSE ON A 2.1ACRE TRACT
OF PROPERTY LOCATED AT 6201 NORTHEAST LOOP 820;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES;PROVIDINGA SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the City of North Richland Hills, Texas is a home-rulemunicipality located
in TarrantCounty, Texas acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS,
the Zoning Ordinance of the City of North Richland Hillsregulates and
restricts the location and use of buildings, structures,and land for trade,
industry, residence,and other purposes, and provides for the
establishment of zoning districts of such number, shape,and area as may
be best suited to carry out these regulations; and
WHEREAS,
the Zoning Ordinance of the City of North Richland Hillsrequires the
issuance of a SpecialUse Permit or the approval of a Planned
Development if the intended use is anindoor shooting range; and
WHEREAS,
the owner of the property containing approximately 2.1acres of land more
fully described in Exhibit “A” attached hereto, located at 6201 Northeast
Loop 820(the “Property”) has filed an applicationto rezone the Property
from its present classification of NR-PD(Non-Residential Planned
Development)41for the purpose of amending the NR-PD (Non-
Residential Planned Development)to allow for an indoor shooting range
on the Property; and
WHEREAS,
the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on November17, 2016, and the City Council
of the City of North Richland Hills, Texas, held a public hearing on
December 12, 2016 with respect to the zoning change described herein;
and
Ordinance No. 3439
ZC 2016-16
Page 1of 4
WHEREAS,
the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland
Hills, and all other laws dealing with notice, publication, and procedural
requirements for the rezoning of the Property; and
WHEREAS,
upon review of the application, and after such public hearing, the City
Council finds that granting the request herein furthers the purpose of
zoning as set forth in the Zoning Ordinance of the City of North Richland
Hills and that the zoning change should be granted, subject to the
conditions imposed herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF
NORTH RICHLAND HILLS, TEXAS, THAT:
Section 1:TheZoning Ordinanceof the City of North Richland Hillsis hereby
amended by rezoning the Property and approving a Non-Residential
Planned Development in accordance with modified standards as provided
herein on a 2.1acre tract of land within the Telitha Akers Survey, Abstract
No. 19, Tarrant County, Texas;described as Lot 5R1, Block 6, Tapp
Addition;andcommonly referred to as 6201 Northeast Loop 820.
Section 2:The City Council finds that the information submitted by the applicant
pursuant to the requirements of the Zoning Ordinance is sufficient to
approvethe non-residential planned development in accordance with the
requirements of Exhibit “A”, the Nonresidential Planned Development (NR-
PD) District Land Use and Development Regulations, attached hereto and
incorporated for all purposes, and the Exhibit “B”, the Site Plan, attached
hereto and incorporated for all purposes, which are each respectively
approved.
Section 3:The official zoning map of the City of North Richland Hillsis amended and
the Planning Manageris directed to revise the official zoning map to
reflect the approved Non-Residential Planned Development, as set forth
above.
Section 4:The use of the Property described above shall be subject to the
restrictions, terms and conditions set forth in the PD District Land Use and
Development Regulations and the Site Plan attached as Exhibits “A” and
“B.” Unless otherwise provided in Exhibits “A” and “B,” the Property shall
be governed by all applicable regulations contained in the Building and
Land UseRegulations and all other applicable andpertinent ordinances of
the City of North Richland Hills.
Ordinance No. 3439
ZC 2016-16
Page 2of 4
Section 5:The zoning district as herein established has been made in accordance
with a comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community.
Section 6:This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances and such code, in which
event the conflicting provisions of such ordinances and such code are
hereby repealed.
Section 7:It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause, or phrase
of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining sections, paragraphs, sentences,
clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
Section 8:Any person, firm or corporation violating any provision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). Each day any such violation shall be allowed to continue shall
constitute a separate violation and punishable hereunder.
Section 9:All rights and remedies of the City ofNorth Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
Section 10:The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 11:This ordinance shall be in full force and effect immediately following
publication as required by Section 10hereof.
Ordinance No. 3439
ZC 2016-16
Page 3of 4
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 12thday of December, 2016.
CITY OF NORTH RICHLAND HILLS
By:_________________________________
Oscar Trevino, Mayor
ATTEST:
______________________________
Alicia Richardson, City Secretary
Approved as to form and legality:
______________________________
Maleshia Farmer, City Attorney
Approved as to content:
______________________________
Clayton Comstock, Planning Manager
Ordinance No. 3439
ZC 2016-16
Page 4of 4
Non-Residential Planned Development (NR-PD) District No. 41
Land Use and Development Regulations
Lot 5R1, Block 6, Tapp Addition; 6201 Northeast Loop 820
North Richland Hills, Texas
This Non-Residential Planned Development (NR-PD) District shall adhere to all the conditions of the
North Richland Hills Code of Ordinances, as amended, and adopt a base district of C-2 Commercial. The
following regulations shall be specific to this NR-PD District. Where these regulations conflict with or
overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall
prevail.
A.Permitted Land Uses. Uses in this NR-PD shall be limited to those permitted in the C-2 Commercial
Zoning District and the Freeway Corridor Overlay District, with the addition of the following:
1.Indoor Shooting Range, including the following ancillary uses:
a.Firing range lanes
b.Gunsmith
c.Archery lanes
d.Classroom / Event Space
e.Retail sales of firearms and firearm accessories
2.Merchandise storage for the purpose of regional store distribution shall not exceed 4,000
square feet nor more than one distribution truck per day. No distribution trucks or trailers shall
be stored on-site.
3.The sale and consumption of alcohol shall not be permitted when occupied by an Indoor
Shooting Range use.
B.Development Standards. Development of the property shall comply with the development standards
of the C-2 Commercial zoning district, except as otherwise demonstrated on the attached Site Plan.
1.Landscaping shall be as approved on the attached Landscape Plan.
2.Building articulation shall be as approved on the attached Building Elevations.
3.The following improvements shall be made prior to final Certificate of Occupancy for any
indoor shooting range use:
a.Install a 6-foot sidewalk along NE Loop 820 frontage
b.Replace the existing 4-foot sidewalk along Iron Horse Boulevard with a 6-foot sidewalk
to meet the TOD standards
c.Replace six existing light fixtures along Iron Horse Boulevard with dual “bell style”
fixtures to meet the streetscape design standards of Iron Horse Boulevard
d.Bring the existing refuse container enclosure up to current code by providing opaque
metal gates
e.“Wrap” the six light pole bases along Iron Horse Boulevard mentioned above in leuders
limestone to meet the intent of the Freeway Corridor Overlay District design standards.
f.Increase the screening wall height of the rear loading dock area to eight feet (8’) and
provide the same architectural trim that is proposed on the building.
C.Administrative Approval of Site Plans. Site plans that comply with all development-related
ordinances and this Ordinance shall be administratively approved by the Development Review
Committee. Substantial deviations or amendments from the development standards or Concept
Plan, as determined by the City Manager or his/her designee, shall require a revision to the
approved Redevelopment Planned Development in the same manner as the original.
D.Iron Horse District Gateway Feature. The City of North Richland Hills shall have the option, by
easement or other appropriate conveyance, at its own expense, to utilize the southwest corner of
the property, approximately 1,400 square feet and depicted on Figure 1 below, for the purpose of a
gateway feature or sign identifying the Iron Horse Transit Oriented Development District. The design
of said entry feature shall be subject to approval by the underlying property owner.
Figure 1: Area of Possible Future Iron Horse District Gateway Feature
EXCERPT FROM THE MINUTES OF THE NOVEMBER 17, 2016
PLANNING AND ZONING COMMISSION MEETING
C.1.
ZC 2016-16 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM POINT BLANK RANGE & GUN SHOP FOR A ZONING CHANGE
TO REVISE PLANNED DEVELOPMENT 41 FOR THE PURPOSE OF
INCLUDING THE “INDOOR SHOOTING RANGE” USE ON 2.1 ACRES
LOCATED AT 6201 NE LOOP820.
APPROVED WITH CONDITIONS
Planning Manager Clayton Comstock introduced the Planned Development request.
Applicant, Kevin Allee, 1053 Observatory Point, Mainville, OH, with Point Blank Range
and Gun Shop, came forward and gave the details of the Planned Development
request.
Mr. Comstock presented the staff report.
Chairman Shiflet asked the opinion of city staff regarding the screening wall in the
rear of thebuilding.
Mr. Comstock replied that the existing screening was part of the original PD
requirement for the Staple's. The landscaping in that area has now matured and has
mostly screened the view of the loading docks from Iron Horse Boulevard, so the
request from the applicant for flexibility in that regard is understandable. The intent
should be to screen the bulk of the ventilationequipment.
Chairman Shiflet stated that the he believes the maximum fence height in NRH is 8
feettall.
Mr. Comstock confirmed.
Chairman Shiflett asked if there was an issue with lighting alongIron Horse in this
plan in regard to our lighting ordinance. He wanted to know if we want the light to
bleed over to the sidewalk.
Mr. Comstock answered that the Development Review Committee request was to
install the dual bell style light so that one would face their parking lot and one would
face the street. This would mean that perhaps Oncor would not need to install street
lights in the area in thefuture.
Commissioner Don Bowen stated that the wall should have some variation in color or
something else to prevent a plain ten foot wall, similar to what the applicant showed
being used at another location of thisbusiness.
Mr. Comstock stated that the top portion of the buildingwill have a black cornice
applied to it, so it is possible that a similar contrast could be made on the screening
wall extension using either color ortexture.
Commissioner Bowen asked if both hand guns and long guns would be allowed in the
facility?
Mr. Allee came forward and stated that shotguns are allowed in the range as long as
itisleadshotandnotsteelshot.Ariflemayalsobefireduptoa.308caliber,and
.50 caliber guns may not be fired since this is only a twenty five yard range. He
stated that this is more of a handgun range and he would guess that 70% of the time
handguns are what is used by customers of therange.
Chairman Shiflet asked if they regulate the caliber that is used by the type of
ammunition that issold.
Mr. Allee replied that they don't sell 50 caliber ammunition or guns, and they are not
allowed in the range. No tracer fire bullets, steel core bullets, no steel shot from a
shotgun, and nothing larger than a .308 in therange.
Chairman Shiflet asked about armor piercing bullets.
Mr. Allee responded that would likely be considered a steel core bullet which isn't
allowed. He stated that a private company pays them to mine the lead out. It is loaded
in fifty five gallon drums after so many hours of range time and is then recycled.
Chairman Shiflet opened the public hearing.
Seeing no one wishing to speak, he closed the public hearing and requested a
motion from theCommission.
Chairman Shiflet stated that he believes we should be looking at an 8 foot wall and a
cap on it similar to what was shown in thepresentation.
Commissioner Mike Benton motioned to approve ZC 2016-16, and Commissioner
Kathy Luppy seconded themotion.
Chairman Shiflet stated that the screening wall for the ventilation equipment had been
brought up by Commissioner Bowen, and he believes they should be looking at an 8
foot wall with color variation and a cap on top similar to the other store shown in the
presentation.
Commissioner Benton asked if the ten foot wall was alreadyincluded.
Mr. Comstock responded that the height of the rear wall has not been specified.
There was a discussion about the appropriate height of the screeningwall.
Chairman Shiflet said that 8 feet is fine with him, he was interested in balancing the
wall height with city regulations and the additionalcost.
Commissioner Benton asked if the applicant was agreeable with a ten foot wall, and if
five more feet could be added to the existing wall from an structural engineering
perspective.
Mr. Allee responded that a structural engineer would need to be enlisted to determine
the feasibility. His company is fine with an 8 foot wall, and he does not believe that
the equipment will be visible based on the maturity of the rear landscaping. Mr. Allee
agrees that a blank wall would be ugly and they are fine with putting a cap on the wall
and breaking up the monotony of thewall.
Commissioner Benton stated that he is fine with an 8 foot wall would be fine with
some type of color articulation within thewall.
Mr. Allee said they don't want visibility back there and people looking for copper on
the expensive equipment. They will build some wing walls and have doors that will
match the dumpster enclosure door to seal off the area that will be locked. He
reiterated that an 8 foot wall is fine with thecompany.
Chairman Shiflet asked about the number of lanes that they areproposing.
Mr. Allee replied that this store is bigger than the other stores. their typical footprint is
15,000 square feet and they usually install two bays of 10 lanes each. The ventilation
equipment they use is called Carey's and it can handle two bays of twelve lanes
each, so they will probably do thathere.
Commissioner Benton asked Commissioner Luppy if she would agree to a revised
motion to add the 8 foot screening wall with color articulation. She agreed to the
revision.
A MOTION WAS MADE BY COMMISSIONER BENTON, SECONDED BY
COMMISSIONER LUPPY TO APPROVE ZC 2016-16 WITH THE CONDITION THAT
AN 8 FOOT SCREENING WALL THAT INCLUDES COLOR ARTICULATION BE
INCLUDED.
MOTION TO APPROVE CARRIED 4-0.
CITY COUNCIL MEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:ZC2016-11, Ordinance No. 3440,Public Hearing and consideration
of a request from Hamilton Duffy P.C.for a Zoning Change from AG
Agricultural to R-1 Single Family and R-2Single Family on
approximately 0.61 acres located at 6816 Meadow Road.
PRESENTER:Clayton Husband, Principal Planner
SUMMARY:
Hamilton Duffy P.C.is requesting a zoning change from AG Agricultural to R-1 Single
Family and R-2Single Family on approximately 0.61acres located at 6816 Meadow
Road and the west end of Frankie B Street.
GENERAL DESCRIPTION:
Calvin and Toni Pearson and Z Family Enterprises LLC are the owners of property
located between Meadow Road and the west end of Frankie B Street. The owners are
requesting a zoning change in order to include this property with adjacent property as
part of a subdivision on Frankie B Street and Buck Street.
The zoning request consists of two parts. The tracts are labeled in the figure below.
1.The Pearson tract,located at 6816 Meadow Road,is 36,329 square feet (0.834
acres) in sizeand is developed with a single-familyresidence. Most of the
property is zoned R-1 Single Family Residential. Approximately 4,800 square
feet at the rear of the site is zoned AG Agricultural, and this areais proposed to
be rezoned to the R-1 district. The rest of the property will remain in the R-1
district.There are no development plans for this property at this time. The zoning
action would consolidate the property into a single zoning district.
2.The Z Family Enterprises(Z.F.E.)tractis located immediately east of the
Pearson property on the south side of the Frankie B Street right-of-way. The
vacant parcel is 22,751 square feet (0.5223 acres) in size. The property is zoned
AG Agricultural and is proposed to be rezoned to R-2Single Family Residential.
The property is intended to be included as part of a larger residential lot in the
Hewitt Estates subdivision, which is already zoned R-2. The final plat of this
subdivision is a related item on the December 12, 2016, agenda.
...
PEARSON TRACTFETRACT
Z
:-:
FROMR1AND AGFROMAG
:-:-
TOR1TOR2
COMPREHENSIVE PLAN:
The Comprehensive Plan classifies this area as “Low
Density Residential.” This designation provides areas for the development of traditional,
low-density single-family detached dwelling units.
CURRENT ZONING:
The property is currently zoned AG Agricultural.
PROPOSED ZONING:
The proposed zoning is R-1 Single Family Residential and R-2
Single Family Residential. Thesedistricts areintended to provide areas for low-density
development of single-family detached dwelling units that are constructed at an
approximate density of 2.9 and 4.0 units per acre, respectively.Each zoning proposal is
consistent with the existing zoning of the surrounding properties.
SURROUNDING ZONING | LAND USE:
North:
R-1Single-Family Residentialand AG Agriculture | Low Density
Residential
West:
R-1-SSpecial Single-Family | Low Density Residential
South:
R-1and R-2 Single-Family Residential | Low Density Residential
East:
R-2Single-FamilyResidential | Low Density Residential
PLAT STATUS:
The property is currently unplatted.A final plat for the property is an
associated item on the December 12, 2016, meeting agenda.
PLANNING AND ZONING COMMISSION:
ThePlanning and Zoning Commission
conducted a public hearing and considered this item at the December 1, 2016, meeting
and voted 6-0 to recommend approval.
RECOMMENDATION:
ApproveOrdinance No. 3440.
NOTICE OF PUBLIC HEARINGS
CITY OF NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
Case Number: ZC 2016-11
Applicant:Hamilton Duffy P.C.
Location:6816 Meadow Rd
You are receiving this notice because you are a property owner of record within 200
feet of the propertyshown on the attached map.
Purpose of Public Hearing:
A Public Hearingis being heldtoconsider a request from Hamilton Duffy P.C. for a Zoning
Change from AG AgriculturaltoR-1Single Family &R-2Single Family on approximately 0.61
acreslocated at 6816 Meadow Road.
Public Hearing Schedule:
PLANNING AND ZONING COMMISSION
Public Hearing Dates:
7:00 PM THURSDAY, NOVEMBER 17, 2016
CITY COUNCIL
7:00 PM MONDAY, DECEMBER 12, 2016
CITY COUNCIL CHAMBERS
Both Meeting Locations:
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above request,
please contact:
Planning Department-City of North Richland Hills
4301City Point Drive
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
BIRDVILLE INDEPENDENT SCHOOL
PEARSON CALVIN
DISTRICTJOHNSON MARTHA
PEARSON TONI
ATTN: MIKE SEALEPO BOX 822071
6820 MEADOW RD
6125 EAST BELKNAPFORT WORTH TX 76182
FORT WORTH TX 76182-3809
HALTOM CITY, TX 76117
PETRI DOREEN
MARTIN ROBERT H
Z FAMILY ENTERPRISES LLC
PETRI BRIAN
7600 HEWITT ST
7712 JEFFERSON CIR
7524 HEWITT ST
FORT WORTH TX 76182-3924 COLLEYVILLE TX 76034
NRH TX 76182-3924
MARTINEZ BAUDELIOEHRECKE GARY
HULL GLYNDA ESTATE
MARTINEZ YVETTEEHRECKE KEVIN SIMPSON
8403 STEPHANIE DR
6812 MEADOW RD 6810 MEADOW RD
NRH TX 76182
NRH TX 76182-3809NRH TX 76182-3809
MARTINEZ BAUDELIO
ZIMMERMAN DAVID A
MARTINEZ YVETTE
7524 FRANKIE B ST
PO BOX 612874
NRH TX 76182
DALLAS TX 75261-2874
ORDINANCE NO. 3440
ZONING CASE ZC 2016-11
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS BY REZONING A 0.843-ACRE TRACT OF
PROPERTY LOCATED IN THE 6800BLOCK OFMEADOW ROAD
FROMAG(AGRICULTURAL)AND R-1(SINGLEFAMILY
RESIDENTIAL)TO R-1(SINGLE FAMILY RESIDENTIAL) ZONING;AND
BY REZONING A 0.5223-ACRE TRACT OF PROPERTY LOCATED IN
THE 6800 BLOCK OF MEADOW ROAD FROM AG(AGRICULTURAL)
TO R-2(SINGLE FAMILY RESIDENTIAL) ZONING;PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE
WHEREAS,
the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS,
the Zoning Ordinance of the City of North Richland Hills regulates and
restricts the location and use of buildings, structures, and land for trade,
industry, residence, and other purposes, and provides for the
establishment of zoning districts of such number, shape, and area as may
be best suited to carry out these regulations; and
WHEREAS,
the City Council has previously passed an ordinance adopting a
Comprehensive Land Use PlanMapas the primary document on which to
base all zoning, platting, and otherland use decisions; and
WHEREAS,
the owner of the property containing approximately0.843acres of land
described in Exhibit “A” attached hereto, located in the 6800block of
Meadow Road (the “Property”) has filed an application to rezone the
Property from its present classification of AG(Agricultural)and R-1(Single
Family Residential)to R-1(Single Family Residential); and
WHEREAS,
the owner of the property containing approximately 0.5223acres of land
described in Exhibit “B” attached hereto, located in the 6800 block of
Meadow Road (the “Property”) has filed an application to rezone the
Property from its present classification of AG(Agricultural) to R-2(Single
Family Residential); and
Ordinance No. 3440
ZC 2016-11
Page 1of 4
WHEREAS,
the Planning and Zoning Commission of the Cityof North Richland Hills,
Texas held a public hearing on December1, 2016, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on December
12, 2016 with respect to the zoning change described herein; and
WHEREAS,
the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland
Hills, and all other laws dealing with notice, publication, and procedural
requirements for rezoning the Property; and
WHEREAS,
upon review of the application, and after such public hearing, the City
Council finds that granting the request herein furthers the purpose of
zoning as set forth in the Zoning Ordinance of the City of North Richland
Hills and that the zoning changeshould be granted, subject to the
conditions imposed herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1:That the Zoning Ordinance of the City of North Richland Hills is hereby
amended by rezoning from AG (Agricultural) and R-1 (Single Family
Residential) to R-1 (Single Family Residential) a 0.843-acre tract of land
within the J. McComas Survey, Abstract No. 1040, Tarrant County, Texas,
locatedwithin the 6800block of Meadow Road as describedon Exhibit “A”
attached hereto and incorporated for all purposes.
Section 2:Thatthe Zoning Ordinance of the City of North Richland Hills is hereby
amended by rezoning from AG (Agricultural) to R-2 (Single Family
Residential) a 0.5223-acre tract of land within the J. McComas Survey,
Abstract No. 1040, Tarrant County, Texas, located within the 6800block
of Meadow Road as described on Exhibit “B” attached hereto and
incorporated for all purposes.
Section 3:That the official zoning map of the City of North Richland Hills is amended
and the Planning Manager is directed to revise the official zoning map to
reflect the approved R-1(Single Family Residential)and R-2(Single
Family Residential)zoning, as set forth above.
Section 4:The use of the property described above shall be subject to all applicable
regulations contained in the Building and Land Use Regulations and all
other applicable and pertinent ordinances of the City of North Richland
Hills.
Section 5:The zoning district as herein established has been made in accordance
with a comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community.
Ordinance No. 3440
ZC 2016-11
Page 2of 4
Section 6:This Ordinance shall be cumulative of all provisions of ordinances and of
theCode of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances and such code, in which
event the conflicting provisions of such ordinances and such code are
hereby repealed.
Section 7:It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause, or phrase
of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining sections, paragraphs, sentences,
clauses, and phrases ofthis Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
Section 8:Any person, firm,or corporation violating anyprovision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). Each day any such violation shall be allowed to continue shall
constitute a separate violation and punishable hereunder.
Section 9:All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
Section 10:The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 11:This ordinance shall be in full force and effect immediatelyfollowing
publication as required by Section 10 above.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 12th day of December, 2016.
Ordinance No. 3440
ZC 2016-11
Page 3of 4
CITY OF NORTH RICHLAND HILLS
By:_________________________________
Oscar Trevino, Mayor
ATTEST:
______________________________
Alicia Richardson, City Secretary
Approved as to form and legality:
______________________________
Maleshia Farmer, City Attorney
Approved as to content:
______________________________
Clayton Comstock, Planning Manager
Ordinance No. 3440
ZC 2016-11
Page 4of 4
EXHIBIT “A”
METES AND BOUNDS DESCRIPTION
0.8430OF AN ACRE
IN THE J. McCOMASSURVEY, A-1040
CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
All that certain 0.8430of an acre of land, out of a 1.365acres tract of land described in the deedto
CalvinW. & Toni C. Pearson in the deed recorded in Document Number D211294723 in the Deed
Records of Tarrant County, Texas (D.R.T.C.T.), in the J. McComas Survey, A-1040, City of North Richland
Hills, Tarrant County, Texas and more particularly described by themetes and bounds as follows: (all
bearings shown hereon are based on thenorth line of said Pearson tract)
BEGINNING at the northwest corner of the said Pearson tract, in the east right-of-way line of Meadow
Road (Variable Width Right-Of-Way);
THENCESouth 89° 54’ 00” East –204.09’ to the most northerly northeast corner of said Pearson Tract,
common to the northwest corner of the tract described in the deedto Forrest D. Johnson recorded in
Document Number D197180838 D.R.T.C.T.;
THENCESouth 00° 22’ 00”Westalong the common line of said Pearson Tract and Forrest D. Johnson
tracts, passing the southwest corner of said Forrest D. Johnson Tract at a distance of 30.00’, and
continuing across said Pearson Tract, for a total distance 179.50’ to the southeast corner of the herein
described tract, in the south line of said Pearson Tract, common to the north line of a 13,373 square foot
tract described in the deed to Baudelio Martinez & Yvette Pabon-Martinez recorded in Document
Number D205178305 D.R.T.C.T.,
THENCE South 89°51'26" West along the south line of said Pearson Tract, passing at a distance of
194.10’ the northwest corner of Lot 1, Block 5, Hewitt Estates, recorded in Volume 388-167, Page 69 in
the Plat Records of Tarrant County, Texas, continuing along the south line of said Pearson Tract, for a
total distance of 204.10' to the southwest of said Pearson Tract, in the east right-of-way line of said
Meadow Road;
THENCE North 00°22'00" East -180.37'along the west line of said Pearson Tract, common to theeast
line of said Meadow Road, tothe POINT OF BEGINNING and containing 0.8430of an acre of land.
EXHIBIT “B”
METES AND BOUNDS DESCRIPTION
0.5223 OF AN ACRE
IN THE J. McCOMASSURVEY, A-1040
CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
All that certain 0.5223 of an acre of land, out of a 1.365acres tract of land described in the deedto
CalvinW. & Toni C. Pearson in the deed recorded in Document Number D211294723 in the Deed
Records of Tarrant County, Texas (D.R.T.C.T.), in the J. McComas Survey, A-1040, City of North Richland
Hills, Tarrant County, Texas and more particularly described by themetes and bounds as follows: (all
bearings shown hereon are based on thenorth line of said Pearson tract)
COMMENCING at a 1/2" iron rod found for the northwest corner of the said Pearson tract, in the east
right-of-way line of Meadow Road (Variable Width Right-Of-Way). Then South 89° 54’ 00” East –204.09’
to the common corner of said Pearson Tract, and the tract described in the deedto Forrest D. Johnson
recorded in Document Number D197180838 D.R.T.C.T.. Then South 00° 22’ 00” West –30.00’ along the
common line of said Pearson and Forrest D. Johnson tracts, to a 1/2” iron rod (Bent) found for the POINT
OF BEGINNING andthe northwest corner of the herein described tract;
THENCE South 89° 54’ 00” East –152.35’ along the south line of said Forrest D. Johnson tract, to a 1/2”
iron rod found for the northwest corner of the 0.307 acre tract described in the deedto Z Family
Enterprises, LLCrecorded in Document Number D216020577 D.R.T.C.T., common to the southwest
corner of Frankie B Street (60’ Right-Of-Way), andthe northeast corner for the herein described tract,
from which a 1/2" iron rod found for the northeastcorner of said 0.307 acre tract, in the south right-of-
way line of said Frankie B Street, bears South 89° 54’ 00” East –89.48’;
THENCE South 00° 15’ 19” West –148.86’ along theeast line of said Pearson tract, common towest line
of said 0.307 acretract, to a 1/2" iron rod with a cap stamped “SPRY 5647” set for the southeast corner
of the herein described tract, common to the southwest corner of said 0.307 acre tract;
THENCE South 89° 51’ 26” West –passing at a distance of 88.80’ a 1/2" iron rod with a cap stamped
“HYDROTECH” found for the northeast corner ofa 13,373 square foot tract described in the deedto
Baudelio Martinez & Yvette Pabon-Martinez recorded in Document Number D205178305 D.R.T.C.T., and
continuing for a total distance of 152.65’,to a 1/2" iron rod with a cap stamped “SPRY 5647” setfor the
southwestcorner of the herein described tract;
THENCE North 00° 22’ 00” East –149.50’across said 1.365 acre tract, to the POINT OF BEGINNING and
containing 0.5223 of an acre of land.
EXCERPT FROM THE MINUTES OF THE DECEMBER 1, 2016
PLANNING AND ZONING COMMISSION MEETING
C.1 ZC 2016-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM HAMILTON DUFFY P.C. FOR A ZONING CHANGE FROM AG
AGRICULTURAL TO R-1 SINGLE FAMILY AND R-2 SINGLE FAMILY ON
APPROXIMATELY0.61ACRESLOCATEDAT6816MEADOWROAD.
APPROVED
PrincipalPlannerClaytonHusbandintroducedthethreerelatedrequests,ZC
2016-11, PP 2016-13, FP2016-09.
Applicant David Zimmerman, 7524 Frankie B Street, NRH, came forward to present
the zoning and plattingrequests.
Mr. Husband presented the staff report for the zoning and platting requests.
Chairman Randall Shiflet asked about the pavement thickness for the turnaround on
Lot 15 and its suitability for emergency vehicles.
Mr. Husband stated that it would be designed appropriately for those types of vehicles.
Chairman Shiflet opened the public hearing. Seeing no speakers, he closed the public
hearing and requested amotion.
AMOTIONWASMADEBYCOMMISSIONERBOWEN,SECONDEDBY
COMMISSIONER COOPER TO APPROVE ZC 2016-11.
MOTION TO APPROVE CARRIED 6-0.
D.1 PP 2016-13 CONSIDERATION OF A REQUEST FROM Z FAMILY
ENTERPRISES LLC FOR A PRELIMINARY PLAT OF HEWITT ESTATES
ADDITION ON 3.279 ACRES LOCATED IN THE 7500 BLOCKS OF
FRANKIE B STREET AND BUCKSTREET.
APPROVED
Item D.1 was presented in conjunction with Items C.1 andD.2.
AMOTIONWASMADEBYCOMMISSIONERCOOPER,SECONDEDBY
COMMISSIONER LUPPY TO APPROVE PP 2016-13.
MOTION TO APPROVE CARRIED 6-0.
FP2016-09CONSIDERATIONOFAREQUESTFROMZFAMILY
D.2.
ENTERPRISES LLC FOR A FINAL PLATOFHEWITTESTATES
ADDITION ON 1.535 ACRES LOCATED IN THE 7500 BLOCK OFBUCK
STREET.
APPROVED
Item D.2 was presented in conjunction with Items C.1 andD.1.
AMOTIONWASMADEBYCOMMISSIONERLUPPY,SECONDEDBY
COMMISSIONER BOWEN TO APPROVE FP 2016-09.
MOTION TO APPROVE CARRIED 6-0.
CITY COUNCIL MEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:FP 2016-09Consideration of a request from Z Family Enterprises
LLCfor a FinalPlat of Hewitt Estates Phases 1 on 1.535acres
located in the 7500 block of Buck Street.
PRESENTER:Clayton Husband, Principal Planner
SUMMARY:
Z Family Enterprises LLCisrequesting approval of a finalplatfor HewittEstates. This
1.535-acre subdivision is located on the north side Buck Street at the westend ofthe
street. The proposedfinal plat is consistent with the preliminary plat and meets the
requirements of the zoning ordinance and subdivision regulations.
GENERAL DESCRIPTION:
The owner proposes to create fourlots for the future constructionof single-family
residences on the property. The lotsrange in size from 13,343 square feet to 26,785
square feet.The surrounding properties are developed with single-family residences,
with a mix of large estate lots and traditional single-family lots.
COMPREHENSIVE PLAN:
TheComprehensive Plan classifies this area as “Low
Density Residential.” This designation provides areas for the development of traditional,
low-density single-family detached dwelling units.
THOROUGHFARE PLAN:
The proposed lots havefrontage on Buck Street.This street
is classifiedas anR2U Residential roadway, which is a two-lane undivided street with
an ultimate right-of-way width of 50feet. Sufficient right-of-way is in place for Buck
Street and dedication of additional right-of-way is not required.
The right-of-way for Buck Street extends to Meadow Road, though the streets do not
connect at this time. As part of this development, the owner is required to extend a 24-
foot wide section of paving to provide access and fire protection for the lots. A
hammerhead turnaround will be constructed at the west end of the pavement. The
turnaround will be large enough for use by emergency vehicles and solid waste
collection trucks.
CURRENT ZONING:
The property is currently zoned R-2 Single-Family Residential.
The zoning change to the R-2 district on the December 12, 2016, agenda, does not
affectthe final plat. The finalplat is consistent with the R-2zoning standards.
SURROUNDING ZONING | LAND USE:
North:
R-1Single-Family Residential and AG Agriculture | Low Density
Residential
West:
R-1-SSpecial Single-Family | Low Density Residential
South:
R-1 and R-2 Single-Family Residential | Low Density Residential
East:
R-2Single-Family Residential | Low Density Residential
ROUGH PROPORTIONALITY DETERMINATION:
The public improvements indicated
on the public infrastructure plans for the subdivision include water and sanitary sewer
improvements needed to support the development of Lots 15-18 of the subdivision. All
such improvements are required and therefore the developer is 100% responsible for
the improvements included on the plans.
PLAT STATUS:
The property is currently unplatted.The preliminary plat for this
property was approved by the Planning and Zoning Commission on December 1, 2016.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission
considered this item at their December 1, 2016, meeting and voted 6-0 to recommend
approval.
RECOMMENDATION:
Approve FP 2016-09.
±
RP 2016-07
Lot 1R, Blk 1, Hewitt Estates
7700 Buck St
Feet
050100200300400
Prepared by Planning 05/11/16
±
RP 2016-07
Lot 1R, Blk 1, Hewitt Estates
7700 Buck St
Feet
050100200300400
Prepared by Planning 05/11/16
EXCERPT FROM THE MINUTES OF THE DECEMBER 1, 2016
PLANNING AND ZONING COMMISSION MEETING
C.1 ZC 2016-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM HAMILTON DUFFY P.C. FOR A ZONING CHANGE FROM AG
AGRICULTURAL TO R-1 SINGLE FAMILY AND R-2 SINGLE FAMILY ON
APPROXIMATELY0.61ACRESLOCATEDAT6816MEADOWROAD.
APPROVED
PrincipalPlannerClaytonHusbandintroducedthethreerelatedrequests,ZC
2016-11, PP 2016-13, FP2016-09.
Applicant David Zimmerman, 7524 Frankie B Street, NRH, came forward to present
the zoning and plattingrequests.
Mr. Husband presented the staff report for the zoning and platting requests.
Chairman Randall Shiflet asked about the pavement thickness for the turnaround on
Lot 15 and its suitability for emergency vehicles.
Mr. Husband stated that it would be designed appropriately for those types of vehicles.
Chairman Shiflet opened the public hearing. Seeing no speakers, he closed the public
hearing and requested amotion.
AMOTIONWASMADEBYCOMMISSIONERBOWEN,SECONDEDBY
COMMISSIONER COOPER TO APPROVE ZC 2016-11.
MOTION TO APPROVE CARRIED 6-0.
D.1 PP 2016-13 CONSIDERATION OF A REQUEST FROM Z FAMILY
ENTERPRISES LLC FOR A PRELIMINARY PLAT OF HEWITT ESTATES
ADDITION ON 3.279 ACRES LOCATED IN THE 7500 BLOCKS OF
FRANKIE B STREET AND BUCKSTREET.
APPROVED
Item D.1 was presented in conjunction with Items C.1 andD.2.
AMOTIONWASMADEBYCOMMISSIONERCOOPER,SECONDEDBY
COMMISSIONER LUPPY TO APPROVE PP 2016-13.
MOTION TO APPROVE CARRIED 6-0.
FP2016-09CONSIDERATIONOFAREQUESTFROMZFAMILY
D.2.
ENTERPRISES LLC FOR A FINAL PLATOFHEWITTESTATES
ADDITION ON 1.535 ACRES LOCATED IN THE 7500 BLOCK OFBUCK
STREET.
APPROVED
Item D.2 was presented in conjunction with Items C.1 andD.1.
AMOTIONWASMADEBYCOMMISSIONERLUPPY,SECONDEDBY
COMMISSIONER BOWEN TO APPROVE FP 2016-09.
MOTION TO APPROVE CARRIED 6-0.
CITY COUNCIL MEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:FP 2016-10Consideration of a request from Kenneth and Kristy
Collins for a FinalPlat of Lot 6, Block 2, Creekside Estates Addition
on 1.003acres located at8724 Stewart Drive.
PRESENTER:Clayton Husband, Principal Planner
SUMMARY:
Kenneth and Kristy Collinsare requesting approval of a FinalPlat of Lot 6, Block 2,
Creekside Estates Addition. This 1.003-acre one-lot subdivision is located on the south
side of Stewart Drive east of Simmons Road. The proposedfinalplat is consistent with
the preliminary plat and meets the requirements of the zoning ordinance and
subdivision regulations.
GENERAL DESCRIPTION:
The owner proposes to create a single lot for theconstruction ofa single-family house
on the property. The lot will be 210feet wide, 199feet deep, and 41,488square feet in
area.The surrounding properties are developed with single-family residences, with a
mix of large estate lots and traditionalsingle-family lots.
COMPREHENSIVE PLAN:
The Comprehensive Plan classifies this area as “Low
Density Residential.” This designation provides areas for the development of traditional,
low-density single-family detached dwelling units.
THOROUGHFARE PLAN:
The development has frontage on Stewart Drive, which is
classified as anR2U Residential roadway. An R2U roadway is a two-lane undivided
local street with an ultimate right-of-way width of 50feet. The plat includes a right-of-
way dedication of approximately10 feet (2,207square feet)forStewart Drive.
CURRENT ZONING:
The property is zonedR-1 Single-FamilyResidential. The final
plat is consistent with the R-1 zoning standards.
SURROUNDING ZONING | LAND USE:
North:
R-1-S Special Single Family and R-2 Single Family Residential | Low
Density Residential
East:
R-1Single-Family Residential | Low Density Residential
South:
R-2Single-Family Residential | Low Density Residential
West:
R-2Single-Family Residential | Low Density Residential
ROUGH PROPORTIONALITY DETERMINATION:
The public improvements indicated
on the public infrastructure plans for Creekside Estates,Block 2,Lot 6 include sanitary
sewer and drainage facilities are needed to support the development of the subdivision.
All such improvements arerequired and therefore the developer is 100% responsible for
the improvements included on the plans. Stewart Drive is currently an asphalt street
without curb and gutter and utilizesbar ditches for drainage. In keeping with City
standards, curb, gutter, sidewalks,and downstream drainage improvements in
Simmons Road must be installed or funds escrowed to support this development. Given
the existing conditions of Stewart Drive, funds must be escrowed as opposed to the
curb, gutter,and sidewalk being constructed at this time. The Developer is dedicating
land (2,207 sq. ft.) to the City as public right-of-way (ROW). The escrow costs for curb,
gutter, sidewalk, downstream drainage improvements,and the value of the land
dedicated for ROW is as follows:
Public Infrastructure Item DescriptionQuantityUnitUnit CostItem Cost
Concrete Curb and Gutter 198L.F.$ 30.00 $ 5,947.50
Concrete Sidewalks 88S.Y.$ 50.00 $ 4,405.56
10’ Curb Inlet (assessed at 15%) 1EA$ 2,530.00 $ 379.50
24” RCP (assessed at 15%) 150L.F.$ 55.00 $ 1,254.00
Value of Required Improvements $11,986.56
Credit for ROW Dedication (2,207 sq. ft.) $10,639.22
Cost for Public ROW Infrastructure Improvements Less ROW Dedication $ 1,347.33
The construction of these curb, gutter, sidewalks and downstream public drainage
infrastructure, is required for the development of the subdivision as proposed by the
developer. Therefore, the developer will be required to assume 100% of the amount
required for such sidewalks. Such amount ($1,347.33) is roughly proportionate to the
proposed subdivision.
The above determination of proportionality is made pursuant to Section 212.904, Texas
Local Government Code by aprofessional engineer in the employ of the City of North
RichlandHills, licensed by the State of Texas.
PLAT STATUS:
The property is currently unplatted.The preliminary plat for this
property was approved by the Planning and Zoning Commission on November 17,
2016.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission
considered this item at their November17, 2016, meeting and voted 4-0 to recommend
approval.
RECOMMENDATION:
Approve FP 2016-10.
Stewart
Dr
Copper Canyon Rd
EXCERPT FROM THE MINUTES OF THE NOVEMBER 17, 2016
PLANNING AND ZONING COMMISSION MEETING
PP2016-09CONSIDERATIONOFAREQUESTFROMKENNETH
D.1.
AND
KRISTY COLLINS FOR A PRELIMINARY PLATOF LOT 6, BLOCK 2,
CREEKSIDE ESTATES ADDITION ON 1.003 ACRES LOCATED AT 8724
STEWARTDRIVE.
APPROVED
Principal Planner Clayton Husband introduced both the Preliminary and Final Plat
requests.
Applicant, Kenneth Collins, 753Catalpa Rd, Saginaw, TX, presented the details of the
platrequests.
Mr. Husband presented the staff report for the tworequests.
AMOTIONWASMADEBYCOMMISSIONERBOWEN,SECONDED
BY COMMISSIONER BENTON TO APPROVE PP 2016-09.
MOTION TO APPROVE CARRIED 4-0.
FP 2016-10 CONSIDERATION OF A REQUEST FROM KENNETH AND
D.2.
KRISTY COLLINS FOR A FINAL PLAT OF LOT 6, BLOCK 2, CREEKSIDE
ESTATES ADDITION ON 1.003 ACRES LOCATED AT 8724 STEWART
DRIVE.
APPROVED
This Final Plat request was presented in conjunction with the Preliminary Plat
request.
AMOTIONWASMADEBYCOMMISSIONERBENTON,SECONDEDBY
COMMISSIONER LUPPY TO APPROVE FP 2016-10.
MOTION TO APPROVE CARRIED 4-0.
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:December 12, 2016
SUBJECT:Announcements
PRESENTER:
GENERAL DESCRIPTION:
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.
Announcements:
The North Richland Hills Police and Fire Departments are holding a toy and food drive
to benefit those who are less fortunate in our community. Residents are encouraged to
share inthe holiday spirit be dropping off new, unwrapped toys and nonperishable food
items to the Police Department or any NRH Fire Station. Donations will be accepted
through December 20.
City Hall and other non-emergency city offices will be closed for the holidays on
Monday, December 26 and January 2. Garbage and recycling schedules will not
change. Monday collections will be made as normal.
The December 26 City Council Meeting has been canceled. Our next regular meeting is
scheduled for January 9 at 7 p.m.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
Sarah Green in the Parks & Recreation Department.
A citizen sent an email thanking
Sarah and the city for the Signal Art Program. “Itmakes me smile daily. Thanks for
making my neighborhood cool,” he stated. Many people may not know that Sarah was
the artist who created the “Hollywood Cowboys” images that have been on the signal
boxes for the past few years and she is also behind the creation of the new artwork
th
honoring 20century music legends. NRH is very fortunate to have someone with her
talent and creativity.