Loading...
HomeMy WebLinkAboutCC 2017-09-25 Agendask4Ft,D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, SEPTEMBER 25, 2017 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Welcome and introduction - public official, public employee or citizen. 3. Discussion of the Opioid Crisis 4. Legislative Update EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - City Secretary. Monday, September 25, 2017 City Council Agenda Page 1 of 4 2. Section 551.087: Deliberate regarding economic development negotiations - 9000 Hawk Avenue. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION -COUNCIL MEMBER TURNAGE A.2 PLEDGE - COUNCIL MEMBER TURNAGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2017 Heart Walk Campaign Presentation A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the September 11, 2017 regular City Council meeting. B.2 Consider Resolution No. 2017 -036, nominating Mark Wood as a candidate for the Tarrant Appraisal District Board of Directors. B.3 Consider annual purchase from Driscoll Automatic Controls Inc. for uninterrupted power supply services in the amount not to exceed $71,372.00. B.4 Consider purchase of Hino Flatbed Truck from Rush Truck Center in the amount of $56,022.45. B.5 Authorize the purchase of replacement mobile data computers for the Fire Department from Portable Computer Systems, Inc., dba PCS Mobile, in the amount of $144,408.04. Monday, September 25, 2017 City Council Agenda Page 2 of 4 B.6 Consider Resolution No. 2017 -034, approving the Selective Traffic Enforcement Program (STEP) FY 2018, Program Grant Application Effective October 1, 2017. B.7 Consider purchase from Global Building Maintenance, Inc. for janitorial services for one year in the amount not to exceed $ 77,740. B.8 Approve annual Interlocal Agreement for participation in the City of Fort Worth's Environmental Collection Center Household Hazardous Waste Program. C. PUBLIC HEARINGS D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E.1 Consider Ordinance No. 3477 amending Section 54 -166 of the Code of Ordinances to restrict parking on designated portions of Bridge Street and Ice House Drive in Home Town. F. GENERAL ITEMS F.1 Authorize city manager to execute an interlocal agreement with the North Central Texas Council of Governments for access to their actuarial consulting services through Gabriel, Roeder, Smith, & Co. F.2 Authorize rejection of all bids received for Bid No. 17 -019 for the NRH2O Beachside Bay Cabana Project. F.3 Consider Resolution No. 2017 -037, appointing a member to the Planning and Zoning Commission. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER BARTH H.1 Announcements I. ADJOURNMENT Monday, September 25, 2017 City Council Agenda Page 3 of 4 Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, September 22, 2017 by 3:00 PM. This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. Monday, September 25, 2017 City Council Agenda Page 4 of 4 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 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. r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 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. k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: September 25, 2017 Manager SUBJECT: Discussion of the Opioid Crisis PRESENTER: Jimmy Perdue, Chief of Police SIIMMORY• On August 10, 2017, the federal government declared the country's opioid crisis a national emergency. Staff will discuss the impact of the opioid crisis for the police department and the local community. GENERAL DESCRIPTION: The rapid increase in the use of prescription and non - prescription opioid drugs was recently cited as the FDA's biggest crisis. Opioids are a diverse class of very strong painkillers, including oxycodone, (commonly sold under the trade names OxyContin and Percocet), hydrocodone (Vicodin), and fentanyl. These drugs are synthesized to resemble opiates such as opium- derived morphine and heroin. The crisis has changed moral, social, and cultural resistance to street drug alternatives such as heroin. Contributing factors to opioid misuse is the greater social acceptance for using these medications and the misconception that they are safe. Drug overdoses have become the leading cause of death of Americans under 50, with two - thirds of those deaths from opioids. k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: September 25, 2017 Manager SUBJECT: Legislative Update PRESENTER: Jimmy Perdue, Chief of Police SIIMMORY• Staff will discuss recent legislation passed by the Texas Legislature and the impact to the police department and local community. GENERAL DESCRIPTION: There are three new legislative mandates that went into effect September 1, 2017 that Chief Perdue will discuss. In addition, a few other changes will be discussed that are impacting law enforcement. S134 is an immigration enforcement measure requiring local police to cooperate with federal immigration authorities by inquiring about the immigration status of people lawfully detained. SB1849 /Sandra Bland Act includes limiting police searches during stops, adds reporting requirements for racial profiling, and mandates people experiencing a mental health crisis and substance abuse be diverted to treatment over jail. HB62 created a statewide texting- while- driving ban. Texting while operating a motor vehicle (unless the vehicle is stopped) is now a misdemeanor offense. k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 SUBJECT: 2017 Heart Walk Campaign Presentation PRESENTER: Clayton Comstock, Planning Manager SUMMARY: The 2017 Heart Walk Employee Workplace Campaign raised $11,296 for the American Heart Association of Tarrant County. During the City Council meeting, a check will be presented to Stacy Richardson, Corporate Market Director for the Tarrant County Heart Walk. GENERAL DESCRIPTION: The City of North Richland Hills is proud to support the Tarrant County Heart Walk annual fund - raising campaign. Each year a Heart Walk Employee Committee raises funds and awareness for the American Heart Association, the nation's oldest and largest voluntary organization dedicated to fighting heart disease and stroke. Attached is a summary sheet of how fundraising efforts directly impact Tarrant County and Texas. The 2017 campaign ended with the Tarrant County Heart Walk held in Fort Worth on September 9, 2017. The City of NRH was represented by approximately 80 walkers at this event. Thanks to the generosity of our employees, their friends and family, and community partners, this year's campaign exceeded its goal of $10,000 by raising $11,296. The City appreciates the hard work and dedication of the 2017 Heart Walk Campaign Committee, which include the following: Clayton Comstock, Committee Chair John Chapman, Planning & Zoning Department David Smith, Fire Department Nancy Holcomb, Human Resources Department Rick Scott, Police Department Ricky Bryant, Public Works Department Ryan Steele, Parks & Recreaction Department Cecilia Barham, Library IIII ���Ieqp��e WheIjjj,e I hey Aj,e 41,300 Iant County 1 %500 P11111ollill . E . M residents Tarrant Co Inty Q participated in multicultural programs includin "sidents have found help, info and health tips on our digital and social media platforms, including our pabeint skuppoit t netwoit ks ;.Arid h ob !I nes Acfll °flbs EM I W, ME] NIIII a M M IF a lunch and learns, personalized events, cooking Dinstrations and more for beffcw Pit; and heart heirlih. ft�,kfi�ig ft ine iVs Illll ea fts I 1 600 wamen received health information through our Go Red For Women and Vestido oJo programs, materials mid events. 21173 voluIIrs for NTX Adission: LHIPsline J Don't Die of DOUbt efforts helped increase the speed and delivery of life-saving protocols. Mare than 195,000 kids got jumping and moving in 904 111 alilaint Couinty wlhoolls last year by participating in AHA programs and curriculum. Illlh ° °Iel1 the VIII ittlest Illlh1e&irts 27,800 babies born in Tarrant County each year will receive a inviindlatoily newboilin w,rleeinliing for congenital heart defects and other diseases. If we can get our community to eat less, move more and stop smoking, we can put an end to cardiovascular disease and stroke. on G�oeatfi�ig ��1ea[thy ft�*�places VIII IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIII We are working with worksites, places of worship, gyms and other public venues to increase access to heallthliat d1iiiinks Finitiative with Aramark adults and teenagers have been trained will improve 10 billion meals with AHA guidelines, methods and over the next five years, instituting materials in 4 IP1111, AIM usage standards for better food choices for and I 111ifesaving s1kilills. .. .. ... ... .. .. ..... . . . ... .. . .......... Food supply Governments Worksites Schools Individuals 4 Gh& fii ig J, Lesstllan 14() Lesstl Ian 9U making it easier and safer to walk to shops and bike to work. VIII VIII ° °° 11111 ° ° °'11111IIIIIIIIII VIII VIII IIIII''lllllllll 11111''° % of NTX children are living 40% of adults have high �r of NTX children are eligible for below the poverty level cholesterol ��� free /reduced -price lunch lllrmlaliiilllrml �Illllrml Illreaearlllr6llrml l�eadsto,Utie e 6ll ll lllr elln Illrml�� Illr��a�lllrl��lllrml a lin liiilllrml lllrlllr liiilllrml inew lreswlr6tii unto iiln the figh't agalinst rmlmilll, 6lsease & sbrokei, Illlliilke f ,,. Pacemakers�. „ „. Microsurgery �r Drug-eluding CPR Stents Techniques l�ea6lllngto uIIII IIIIIiiic a ar lllr( ca lllln air llll lllnsi, edulca,fllulni, pellrsullnar ll 6llrmlar hinge l��lfe is whYT. WAYS YOU CA�M uu�uHHH” � � uuuu�uuuu ��uuuuuuuu uuuuu 1111111 �6uuuuuuu uia s lnr�Co ro improve me Hearn of Tarrant County and all Americans. ChUnge VifhUt You Consume & Do l at a IIheellltll!mg ctiiiet, with lower- sodium options, plenty of water and more fruits and veggies.' Then, get: ectliive, and encourage those around you to get active with you! We awarded $75 million` to a single team focused on curing coronary heart disease, the lairgest oine flinie liiuinve »timeuint in this effort ever. C� "Funding and resources provlded by the AHA, Venly & AstraZeneca. l�ea6lllngto uIIII IIIIIiiic a ar lllr( ca lllln air llll lllnsi, edulca,fllulni, pellrsullnar ll 6llrmlar hinge l��lfe is whYT. WAYS YOU CA�M uu�uHHH” � � uuuu�uuuu ��uuuuuuuu uuuuu 1111111 �6uuuuuuu uia s lnr�Co ro improve me Hearn of Tarrant County and all Americans. ChUnge VifhUt You Consume & Do l at a IIheellltll!mg ctiiiet, with lower- sodium options, plenty of water and more fruits and veggies.' Then, get: ectliive, and encourage those around you to get active with you! y to remember the sud SS irkne 'to call 9..1.. E If the person shows any of these symptoms, even if the symptoms go away, call 9 -1 -1 and get them to the hospital immediately. iFace Drooping ing Beyo d IF' w� . °1w w- Does one side of the face droop or Other r'rml torns you is it numb? Ask the person to smile. sold know • Sudden numbness or weakness of the leg hL • Sudden confusion or iWtrouble understanding • Sudden trouble seeing in one or both eyes • Sudden trouble walking,' Arrn Weakness dizziness, loss of balanc( Is one arm weak or numb? Ask the or coordination person to raise both arms. Does one • Sudden severe headache arm drift downward? with no known cause SS irkne 'to call 9..1.. E If the person shows any of these symptoms, even if the symptoms go away, call 9 -1 -1 and get them to the hospital immediately. r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 SUBJECT: Approve minutes of the September 11, 2017 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: To approve the minutes of the September 11, 2017 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 11, 2017 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11th day of September at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Staff Members CALL TO ORDER Oscar Trevino Scott Turnage Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth Mike Benton Tim Welch Mark Hindman Karen Bostic Paulette Hartman Mike Curtis Alicia Richardson Maleshia B. McGinnis Mayor Mayor Pro Tern Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director City Secretary City Attorney Mayor Trevino called the meeting to order at 6:00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Council had no questions for staff. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. There was no one present to introduce at the meeting. September 11, 2017 City Council Meeting Minutes Page 1 of 8 EXECUTIVE SESSION Mayor Trevino announced that City Council would not conduct an Executive Session. Mayor Trevino announced at 6:02 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order September 11, 2017 at 7:00 p.m. Present: Oscar Trevino Scott Turnage Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth Mike Benton Tim Welch Mayor Mayor Pro Tern Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION - COUNCIL MEMBER BENTON Council member Benton gave the invocation. A.2 PLEDGE - COUNCIL MEMBER BENTON Council member Benton led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION Ms. Michele Bradberry, 4525 Shady Oaks Drive, asked Council to reconsider the moratorium on vapor stores. She is interested in opening a store in North Richland Hills. Mayor Trevino asked Assistant City Manager Paulette Hartman to visit with Ms. Bradberry. September 11, 2017 City Council Meeting Minutes Page 2 of 8 A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED THE CONSENT AGENDA COUNCIL MEMBER LOMBARD MOVED, SECONDED BY MAYOR PRO TEM TURNAGE TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7 -0. B.1 APPROVE MINUTES OF THE AUGUST 28, 2017 REGULAR CITY COUNCIL MEETING. B.2 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE CITY OF DALLAS TO UTILIZE THE CITY OF NORTH RICHLAND HILLS' PROFESSIONAL SERVICES AGREEMENT FOR AGENDA MANAGEMENT SOFTWARE WITH GRANICUS, INC. B.3 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITIES OF HALTOM CITY, WATAUGA AND RICHLAND HILLS FOR ADMINISTRATION OF THE TEEN COURT PROGRAM. C. PUBLIC HEARINGS There were no items for this category. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS E.1 AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH TARRANT COUNTY, DATED JANUARY 23, 2017, FOR ROAD CONSTRUCTION ON DEAVER DRIVE AND LIBERTY WAY, EXTENDING THE TERM OF AGREEMENT TO MARCH 30, 2018. APPROVED September 11, 2017 City Council Meeting Minutes Page 3 of 8 Public Works Manager Boe Blankenship presented item. On January 23, 2017, City Council approved an interlocal agreement with Tarrant County for the construction of two streets (Deaver Drive and Liberty Way) identified in the 2016 -2017 preventive maintenance street projects. The work on Deaver Drive is complete and staff recommends delaying the Liberty Way project until such time that the adjacent residential development is substantially completed. The original agreement is set to expire September 30, 2017. Staff recommends approval of the amendment, which extends the term of the agreement to March 30, 2018. Council had no questions for staff. A MOTION WAS MADE BY COUNCIL MEMBER BENTON TO FIRST AMENDMENT TO THE DATED JANUARY 23, 2017. MOTION TO APPROVE CARRIED 7 -0. F. GENERAL ITEMS COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY AUTHORIZE THE CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT WITH TARRANT COUNTY, F.1 CONSIDER ORDINANCE NO. 3471, AMENDING SECTION 2 -121 OF THE CITY'S CODE OF ORDINANCES - APPPOINTMENT, REVIEW, REMOVAL, AND TRAINING FOR BOARDS AND COMMISSIONS. n nnon1iCn City Secretary Alicia Richardson presented item. The ordinance presented this evening incorporates language that clarifies the attendance requirement of those boards, commissions, and committees that meet more than four times in a twelve (12) month period beginning July 1 through June 30. Ms. Richardson read the following language, "A member shall attend a minimum of 75 percent (75 %) of the board's meetings from July 1 through June 30, if not he /she shall automatically be dropped from membership on the board. Automatic removal for failure to meet this attendance requirement shall not apply to a board or commission that meets less than four times in a 12 month period (July 1 - June 30), or to a board or commission for which a separate removal process is set forth in the City Charter or the City Code of Ordinances ". Council had no questions for staff. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER LOMBARD TO APPROVE ORDINANCE NO. 3471. MOTION TO APPROVE CARRIED 7 -0. September 11, 2017 City Council Meeting Minutes Page 4 of 8 F.2 CONSIDER ORDINANCE NO. 3476, ADOPTING THE TAX RATE FOR TAX YEAR 2017. APPROVED Director of Budget and Research Robert Myers presented item. The purpose of the item this evening is to adopt the tax rate for tax year 2017. Pursuant to state law, the city held two public hearings on the proposed tax rate. Mayor Trevino informed Council there is specific language required by state law to adopt the tax rate. The City Council will have three separate motions to consider for this item. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WELCH TO MOVE THAT THE PROPERTY TAX RATE FOR MAINTENANCE AND OPERATIONS BE SET AT 0.328640 CENTS PER $100 OF VALUATION. MOTION TO APPROVE CARRIED 7 -0. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WELCH TO MOVE THAT THE PROPERTY TAX RATE FOR INTEREST AND SINKING BE SET AT 0.261360 CENTS PER $100 OF VALUATION. MOTION TO APPROVE CARRIED 7 -0. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WELCH TO MOVE THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF 0.59 CENTS, WHICH IS EFFECTIVELY A 2.58 PERCENT INCREASE IN THE TAX RATE. MOTION TO APPROVE CARRIED 7 -0. September 11, 2017 City Council Meeting Minutes Page 5 of 8 F.3 CONSIDER ORDINANCE NO. 3475, ADOPTING THE 2017/2018 PROPOSED BUDGET AND AMENDING THE 2016/2017 REVISED BUDGET. APPROVED Director of Budget and Research Robert Myers presented item. Council had no questions for staff. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3475, ADOPTING THE 2017/2018 PROPOSED BUDGET AND AMENDING THE 2016/2017 REVISED BUDGET. MOTION TO APPROVE CARRIED 7 -0. F.4 CONSIDER RATIFYING AN INCREASE IN PROPERTY TAX REVENUES REFLECTED IN THE FISCAL YEAR 2017/2018 ADOPTED BUDGET. n nnon1iCn Director of Budget and Research Robert Myers presented item. Council had no questions for staff. A MOTION WAS MADE BY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER BARTH TO RATIFY THE INCREASE IN PROPERTY TAX REVENUE. MOTION TO APPROVE CARRIED 7 -0. F.5 CONSIDER RESOLUTION NO. 2017 -035, APPROVING AND RATIFYING THE 2017 CERTIFIED ROLL. APPROVED Director of Budget and Research Robert Myers presented item. Council had no questions for staff. September 11, 2017 City Council Meeting Minutes Page 6 of 8 A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE RESOLUTION NO. 2017 -035, APPROVING AND RATIFYING THE 2017 CERTIFIED TAX ROLL. MOTION TO APPROVE CARRIED 7 -0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council did not conduct Executive Session, and as such, no action is necessary. H. INFORMATION AND REPORTS - COUNCIL MEMBER LOMBARD HA ANNOUNCEMENTS Council member Lombard made the following announcements. Bring your blankets and lawn chairs for a fun family movie night at the NRH Centre's outdoor plaza this Saturday, September 16. The movie Boss Baby will be shown starting at 7:30 p.m. Admission is free and concessions will be available for purchase. Contact the NRH Centre with any questions. The NRH Animal Adoption & Rescue Center invites you to their Doggie Beach Bash at NRH2O Family Water Park from 10:00 a.m. to 4:00 p.m. on Saturday, September 23. Admission is $20.00 per person including up to two dogs, with proceeds benefiting the Animal Adoption & Rescue Center. Tickets can be purchased online or at the gate. Join hundreds of volunteers to beautify North Richland Hills on Saturday, September 23 at the annual Trash Bash Litter Cleanup event. The cleanup will take place from 9:00 a.m. to 11:30 a.m. and will be followed by a volunteer appreciation picnic. Visit our website or call 817 - 427 -6651 to sign up and get more information. Kudos Korner - Staff and Volunteers at the Animal Adoption & Rescue Center - Several citizens expressed their appreciation for the recent Clear the Shelters event. The Animal Adoption & Rescue Center adopted out 79 pets during the event, which set a new record for the facility. Several families posted photos online of the pets in their new homes and said they were happy to be part of such a wonderful event. September 11, 2017 City Council Meeting Minutes Page 7 of 8 I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:43 p.m. Oscar Trevino, Mayor Alicia Richardson, City Secretary September 11, 2017 City Council Meeting Minutes Page 8 of 8 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 SUBJECT: Approve Resolution No. 2017 -036, nominating Mark Wood as a candidate for the Tarrant Appraisal District Board of Directors. PRESENTER: Robert Myers, Budget Director SUMMARY: The City Council is asked to consider the nomination of Mark Wood as a candidate for the Tarrant Appraisal District Board of Directors. GENERAL DESCRIPTION: North Richland Hills has been notified that the terms of service for the five members of the Tarrant Appraisal District (TAD) Board of Directors will expire on December 31, 2017. Later this year, there will be an election to select the next Board of Directors. For this election, North Richland Hills has been allocated 38 of the 5,002 total votes. The first step in electing a new board is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. The nominations must be made in an open meeting of the City Council and submitted to the Chief Appraiser in the form of a resolution by October 15, 2017. The nominations provided to the Chief Appraiser should include each nominee's name, address, and a current resume or curriculum vitae if available. In order to be eligible to serve as a director, the nominees must meet the following criteria: • They must have resided in Tarrant County for at least two years prior to January 1, 2018. • They may not be an employee of a taxing unit within the county unless they are also an elected official of the governing body. Elected officials are eligible to serve. • They may not be an employee of the appraisal district. • They may not be related to a person who is in the business of appraising property for property tax purposes or represents property owners for compensation in proceedings in the appraisal district. k4FItH NORTH RICHLAND HILLS • They may not be related to a person that appraises property for use in the proceeding in the appraisal district. • They are ineligible to serve if they, or a business in which they have a substantial interest, enters into a contract with the appraisal district or a taxing unit in the district, if that contract relates to the performance of an activity governed by Title I of the Texas property Tax Code (ex: appraising property for tax purposes of determining eligibility for exemptions). A substantial interest exists when the individual and their spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or if either of them is a partner, limited partner, or officer. Once the nomination process is completed, the city will receive a ballot listing the nominees by October 30, 2017. The City Council will then have until December 15, 2017 to cast its 38 votes for the nominee(s) it has chosen. The five nominees receiving the highest vote total will be elected and take office for a two -year term beginning January 1, 2018. RECOMMENDATION: Approve Resolution No. 2017 -036, nominating Mark Wood as a candidate for the Tarrant Appraisal District Board of Directors. Tarrant Appraisal District Board of Directors • Joe Potthoff, Chairman • Mike O'Donnell • Mark Wood • John Molyneaux, Secretary • Johnny Bennett • Ron Wright, Tarrant County Tax Assessor - Collector F M..E Mr. Mark Hindman City Manager City of N. Richland Hills P. O. Box 820609 N. Richland Hills, Texas 76180 Dear Mr. Hindman: Jeff Law Executive Director Chief Appraiser September 5, 2017 The terms of service for our five members of the Board of Directors will expire on December 31, 2017 and it is time to begin the process of conducting an election. Based on the amount of the 2016 adjusted tax levy imposed by each eligible taxing unit, we have calculated the number of votes for your entity. The enclosed list will provide you with that information. The first step in the procedure is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. You are not required to make any nomination or you may nominate any number up to five. The County Tax Assessor/Collector is automatically a non-voting member of the Board of Directors by law. In order to be eligible to serve as directors, the 2017 nominees must have resided in Tarrant County for at least two years prior to January 1, 2018. They may serve on the governing body of a taxing unit in the County and still be eligible to serve as a Director. However, an !jpp1gyce of a taxing unit is prohibited from serving as a Director unless that employee is also all, elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represents property owners for compensation in proceedings in the appraisal district or appraises property for use in a proceeding in the appraisal district or who is employed by the appraisal district. A person is ineligible to serve as a director if the individual, or a business in which the individual has a substantial interest, enters into a contract with the appraisal district or enters into a contract with a taxing unit in the district, if that contract relates to the performance of an activity governed by Title I of the Texas Property 'Fax Code (for example, appraising property for tax purposes or determining eligibility for exemptions). A substantial interest exists where the individual and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or either of them is a partner, limited partner or an officer. If you have questions concerning the qualifications of nominees for a Board position, please call. Letter to Taxing Units Election of Board of Directors September 5, 2017 Page 2 The nominations for Directors, which must be made in an open meeting of your taxing unit, should be submitted by the presiding officer to the Chief Appraiser in the form of a resolution or other official process adopted by the governing body by October 15, 201.7, giving the names and addresses of the nominees. A current resume or vita is also helpful. The appointment calendar is as follows: By October 15, 2017 Nominations by resolution or official action By October 30, 2017 Ballots fisting nominees delivered to Presiding Officer By December 1. 5, 2017 Entity submits votes by resolution to Chief Appraiser By December 31, 2017 Five (5) nominees receiving largest cumulative vote totals are elected January 1, 2018 Board takes office for two year term The duties of the Board are outlined in Chapter 6, Texas Property Tax Code. Again, if you. have any questions, do not hesitate to call. Sincerely, ff Law Executive Director Chief Appraiser JL:mm Hicl. Tarrant Appraisal District Board of Directors Election Schools Number of Votes Aledo I.S.D. 5 Arlington I.S.D. 448 Azle I.S.D. 24 Birdville LS.D. 165 Burleson I.S.D. 28 Carroll I.S.D. 1:41 Castleberry I.S.D: 10 Crowley I.S.D. 120 Eagle Mountain Saginaw I.S.D. ` 157 Everman I.S.D. 25 Fort Worth I.S.D. 576 Godley I.S.D. .l Grapevine- Colleyville I.S.D. 244 Hurst Euless Bedford I.S.D. 197 Keller I.S.D. 317 Kennedale I.S.D. 24 Lake Worth LS.D. 19 Lewisville LS.D. 3 .. Mansfield I.S.D. 22$ Northwest I:S:D.. 118. White Settlement I.S.D 36 Cities and County Number of Votes City of Arlington 188 City of Azle 6 City of Bedford 23 City of Benbrook 16 City of Blue Mound 1 City of Burleson 7 City of Colleyville 21 City of Crowley g City of Dalworthington Gardens 1 Edgecliff Village I City of Euless 23 City of Everman . 2' City of Flower Mound 1 City of Forest Hill 6 City of Fort Worth 610 City of Grand Prairie 59 City of Grapevine 30 City of Haltom City 18 City of Haslet 3 City of Hurst 21 City of Keller 31 City of Kennedale 6 City of Lakeside 1 City of Lake Worth 3 City of Mansfield 55 City of N. Richland Hills 38 City of Pantego 2 City of Pelican Bay 0 City of Reno 0 City of Richland Hills 5 City of River Oaks 3 City of Roanoke . 0 City of Saginaw l 1 City of Sansom Park 1. City of Southlake 42 City of Trophy Club 1 City of Watauga 10 City of Westlake 2 City of Westover Hills 3 Westworth Village 1 City of White Settlement 7 Tarrant County 541 Tarrant County College 308 RESOLUTION NO. 2017-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS NOMINATING ONE OR MORE INDIVIDUALS AS CANDIDATES FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS. WHEREAS, the term of service for the five member Tarrant Appraisal District Board of Directors will end on December 31, 2017; and WHEREAS, an election to select the new Board of Directors will be conducted October 307 2017 through December 15, 2017; and WHEREAS, each taxing unit within the district may nominate one candidate for each of the five positions to be placed on the ballot for consideration during said election; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. The North Richland Hills City Council nominates Mark Wood for consideration on the ballot of the Tarrant Appraisal District Board of Directors election to be held on October 30, 2017 through December 15, 2017. SECTION 3. This Resolution shall be effective from and after its passage. PASSED AND APPROVED this the 25th day of September, 2017. CITY OF NORTH RICHLAND HILLS ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Robert Myers, Director of Budget & Research Oscar Trevino, Mayor k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 SUBJECT: Consider annual purchase from Driscoll Automatic Controls Inc. for uninterrupted power supply services in the amount not to exceed $71,372.00. PRESENTER: Chris Amarante, Director of Facilities & Construction SUMMARY: Consider annual purchase from Driscoll Automatic Controls Inc. for uninterrupted power supply services in the amount not to exceed $71,372.00. GENERAL DESCRIPTION: The City of North Richland Hills has critical infrastructure requiring uninterrupted power for operation of electrical equipment. This critical equipment is powered with several uninterrupted power supply (UPS) units. In the event of a loss of power from ONCOR these UPS's "bridge" the power loss with battery power until either ONCOR power is restored or generator power is supplied. UPS's are integral in the distribution of power to server rooms, dispatch, jail, and other critical electrical equipment. UPS's are comprised of complex components that require a service agreement with a specialized contractor to perform software upgrades, battery replacement, and emergency repairs in the event of a malfunction. The city currently has nine single phase UPS's ranging in size from 12 kVA to 18 kVA. City Hall has four, three phase UPS's, two 100 kVA and two 80 kVA systems. The current maintenance agreement is with Driscoll Automatic Controls, Inc., and will expire on September 30, 2017. The city obtained four quotes for an annual service agreement of this equipment. The lowest bidder was retracted due to the bid not meeting the specifications. Driscoll Automatic Controls Inc. had the lowest qualifying bid at $71,372.00 annually. This is a one (1) year agreement, with four (4) additional options to renew for one -year each. Provided that funds are appropriated in the city's annual budget for the initial term and the remaining renewal years, and terms and conditions of the agreement do not change, the remaining renewals will not require additional City Council approval. Driscoll Automatic Controls Inc. has a favorable history with the city, providing this type of equipment service. k4FItH NORTH RICHLAND HILLS RECOMMENDATION: Consider annual purchase from Driscoll Automatic Controls Inc. for uninterrupted power supply services in the amount not to exceed $71,372.00. NORTH RICH LAN D H] LL.S Iq ,"RM THE CITY CSI CHOICE 'Fable of Contents INVITATIONTO BID .................................................................................................. ............................... 3 GENERALCONDITIONS ............................................................................................ ..............................4 INSURANCEREQUIREMENTS .................................................................................. ..............................9 NON - COLLUSION AFFIDAVIT OF BIDDER ........................................................... .............................10 BIDCERTIFICATION ................................................................................................. .............................11 COMPLIANCE WITH HOUSE BILL 1295 ................................................................. .............................12 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY .................................. .............................13 CONFLICT OF INTEREST QUESTIONNAIRE ......................................................... .............................14 SPECIFICATIONS........................................................................................................................ .............................17 Pi INVITATIONTO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 17 -018 ➢ Bid Type: REQUEST FOR BID ➢ Bid Name: UPS EQUIPMENT SERVICE CONTRACT ➢ Bid Due Date: Tuesday, August 15, 2017 ➢ Bid Due Time: 2:00 P.M. Central Standard Time ➢ Deadline for questions: Date: Tuesday, August 08, 2017 Time: 12:00 P.M.Central Standard Time DOCUMENTS MAY BE SUBMITTED ELECTRONICALLY VIA: www.publicpurchase.com DOCUMENTS MAY BE DELIVERED TO: City of North Richland Hills Purchasing, Attn: 17 -018 UPS EQUIPMENT SERVICE CONTRACT 4301 City Point Drive North Richland Hills, TX 76180 If delivering a bid packet please include One (1) hard copy and One (1) soft copy on Flash drive. Submit documents in a sealed envelope with the following information marked plainly on the front: ATTN: PURCHASING DEPARTMENT 17 -018 UPS EQUIPMENT SERVICE CONTRACT No oral explanation in regard to the meaning of the specifications will be made, and no oral instructions will be given after the pre -bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. 3 GENERAL C" T In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail. 1. BID TIME It shall be the responsibility of each Bidder to ensure his /her bid is turned in to the City of North Richland Hills on or before 2:00 P.M..Tuesdav, August 15, 2017. The official time shall be determined by the clock located at the switchboard in the North Richland Hills City Hall lobby. Bids received after the time stated above will be considered ineligible and returned unopened. All attached bid documents are to be returned completely filled out, totaled, and signed. Envelopes containing bids must be sealed. The City of North Richland Hills will not accept any bid documents other than the attached. 2. WITHDRAWING BIDS /PROPOSALS /QUOTES Bids may be withdrawn at any time prior to the official opening; request for non - consideration of bids must be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his /her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids. 3. IRREGULAR BIDS /PROPOSALS /QUOTES Bids will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City. 4. REJECTION /DISQUALIFICATION Bidders will be disqualified and /or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub - contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; e) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; f) Lack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires, or qualification statement; g) Bid containing special conditions, clauses, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. :l However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. 5. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and /or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price; terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; f) Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, general conditions and Specifications; i) Results of testing, if required; j) Warranty and /or guarantee, maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none ", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his /her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS /EXCEPTIONS Exceptions /variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 9. DELIVERY /ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and /or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause, the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal" product, his bid shall be considered as offering the brand name product referenced in the invitation forbids. 14. REFERENCES A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City (CMA -074, Standards of Conduct, Section IV). 16. TERMINATION /NON PERFORMANCE Continuing non - performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to 11 enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder, and /or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days' notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work, breach of contract, or other claim for goods, services, or compensation. All claims for attorney's fees are hereby WANED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement, and including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit, including self - insurance. 7 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100) percent of the total contract price; if the total contract amount exceeds $50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100) percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non - electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. DEPARTMENT OF TRANSPORTATION (TXDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S. C. §§ 2000d to 2000d -4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. " Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the bidder. The City of North Richland Hills and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. E3 INSURANCE REQUIREMENTS Contractors performing work on City property or public right -of -way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of North Richland Hills. Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work Type of Insurance Amount of Insurance Provision 1. Commercial General Liability to $1,000,000 each occurrence, City to be listed as additional include coverage for: $1,000,000 general aggregate; insured and provided 30 day- notice a) Premises /Operations of cancellation or material change b) Products /Completed Or in coverage Operations c) Independent Contractors $1,000,000 combined single limits City prefers that insurer be rated d) Personal Injury B +Vl or higher by A. M. Best or A e) Contractual Liability or higher by Standard & Poors f) Personal /Advertising Injury g) Medial Expense h) Fire Legal Liability i) Underground Hazard j) Explosion/Collapse Hazard k) Patent Infringement 1) Copyright Law Violations 2. Consultants, architects, engineers, $500,000 Professional Liability Landscape design specialist, other with proof that aggregate is still professional services available. 3. Workers' Compensation & Statutory Limits Alternate employer endorsement Employers' Liability $500,000 each accident required 4. Comprehensive Automobile $500,000 Combined single limit Liability Insurance, including for bodily injury and property coverage for loading and unloading damage hazards, for a) Owned /Leased Vehicles b) Non -Owned Vehicles c) Hired Vehicles A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. A NON COLLUSIONAFFIDAVIT OF BIDDER State of (Name) County of verifies that: (1) He /She is owner, partner, officer, representative, or agent of has submitted the attached bid: (Company Name) (2) He /She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. SIGNATURE PRINTED NAME Subscribed and sworn to before me this Day of NOTARY PUBLIC in and for 2017. County, Texas. My commission expires: THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID 10 BID CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He /she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He /she proposes to furnish all equipment /service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He /she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he /she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he /she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: ADDRESS: CITY, STATE & ZIP: TELEPHONE: FAX EMAIL: SIGNATURE: PRINTED NAME: DATE: 11 COMPLIANCE TH HOUSE BALL 129 In 2015, the Texas Legislature adopted ]EIouse Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Sign the printed copy of the form (an authorized agent of the business entity must sign), 4) Have the form notarized, 5) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application may be found at Itttps: / /www. ethics .state,tx,tis /wliatsnew /elF in F6 Form1295.11ttn. 12 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd., Austin TX 78701 -1416 P O Box 13186, Austin, TX 78711 -3186 (512) 463 -5872 ham: / /www. window. state.tx.us /procurein enL /prog /hub /hub - certification/ If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority -Owned Business Enterprise Women -Owned Business Enterprise Disadvantaged Business Enterprise 13 CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of North Richland Hills must file a completed conflict of interest questionnaire. The conflict of interest questionnaire must be filed with the City Secretary of the City of North Richland Hills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills or submits to the City of North Richland Hills an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the City of North Richland Hills. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a Class C misdemeanor. The Conflict of Interest Questionnaire is included as part of this document and can be found at: his. / /www. ethics .state.tx.tts /forms /CIQ.�iif 14 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a -1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes E-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F1 Yes E-1 No -5 J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a -1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:// www.statutes.legis.state.tx.us/ Does /LG /htm /LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1 -a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)GV and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12 -month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12 -month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a -1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a -1); or (3) has a family relationship with a local government officer of that local governmental entity. (a -1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11 /30 /2015 W SPECIFICATIONS Scope: The City of North Richland Hills is soliciting bids from qualified vendors to provide a service contract for the City's uninterrupted power supply (UPS) equipment. The Contract shall be valid from October 1, 2017 through September 30, 2018 with four (4) one - year options to renew if agreeable by both parties in writing. Contract may be increased annually by 3% or the Consumer Price Index of the Dallas /Fort Worth area, whichever is lower. Increases to the contract above 3% or the Consumer Price Index of the Dallas /Fort Worth area will require a re- negotiating of the contract. Vendor shall provide pricing to provide materials, parts, and labor according to the following contracts for the following UPS equipment; T nrntinn- City Hall / Public Safety 4301 City Point Dr. APC UPS Systems (2) WADVULTRA -PX -41 $ APC Schneider Electric- Advantage Ultra Plan 1 Year — Symetra PX 100K and or PDU 7X24 PM Visit Covers Model (2) APC PX100 KVA Serial #'s PD1447150089 PD1447150091 (2) WADVULTRA -PX -38 $ APC Schneider Electric- Advantage Ultra Plan 1 Year — Symmetra PX 80K and or PDU 7X24 PM Visit Covers Model (2) APC PX80 KVA Serial #'s PD1507350114 PD1507350107 17 (4) WUPG4HR -UG -02 $ 1 Year 4HR 7X24 Response Upgrade to Factory Warranty or Existing Service Contract for 41 to 150 kVA Covers Model (2) APC PX100 KVA Serial #'s PD1447150089 PD1447150091 Covers Model (2) APC PX80 KVA Serial #'s PD1507350114 PD1507350107 (4) WULTRABAT -PX -B2 $ APC — Advantage Ultra Battery Plan 1 — Year — Symmetra PX 80 -100 External Battery Frame Covers Model (2) APC PX80 Serial #'s PD1447150089 PD1447150091 Covers Model (2) APC PX100 Serial #'s PD1507350114 PD1507350107 (4) WADVUPTRA -AX -26 $ APC Schneider Electric — Advantage Ultra Plan 1 Year In -Row RC Chilled Water Cooling Units The APC Cooling Units: Model (4) ACRD301 S Serial 4 JK1522006494 JK1522006490 JK1522006498 JK1522006485 18 (4) WUPG8HR7X24 -AX -00 1 — Year 8 Hr 7X24 Response to existing service Contract for Cooling Products The APC Cooling Units: Model (4) ACRD301 S Serial # JK1522006494 JK1522006490 JK1522006498 JK1522006485 Eaton UPS Systems S Vendor shall provide pricing to provide materials, parts, and labor according to the following contract description for the Eaton Flex + W /Batts for each individual UPS system listed below. Contract Description: 1 Year Eaton Flex Plan + W /Batts Coverage 7/24 On -site Repair (Response time 24hr) One PM 7X24 Next Day Delivery — unit /parts Worldwide Service Help Desk T nrati nil c• DRC Elec. RM 1 7202 Dick Fisher Dr. North. Model # FE12.5KVA Serial# FE12.5K01886 DRC Elec. RM 2. 7202 Dick Fisher Dr. North Model # FDI8KVA Serial # FD18K0046968 Model # FEI8KVA Serial # EA443FN008 19 S S S DRC LT. RM 7202 Dick Fisher Dr. North Model # 18KVA Serial # BC515T0011 Model # 9170 +660C120AAAAAAAI Serial # BE203T0015 Public Library 9015 Grand Ave. Model # FE12.5K Serial # BF212FM001 Mid - Cities Storage 7301 Mid - Cities Model # PW9170 -6 Serial # C6661N9000H047831 Model # FE12.5KVA Serial # FE12.5KO1369 Model # FE12.5KVA Serial # FE12.5K02789 APC UPS Systems Sub - Total: Eaton UPS Systems Sub - Total: Proposed Contract Grand Total: 20 S S "I'll", I[ ' RFB 17-018 UPS Equipment Service Contract Bid Tab Tuesday, August 15, 2017 at 2:OOPM Power for U, Inc. - Vendors Driscoll Ant .. tic Tubbesing Services CEC Companies BID RETRACTED SYSTEMS (2) WADVULTRA-PX41 5 13,456.00 S 11,187.00 S 1-3,020,00 —S6,500.00 APC Schneider Electric- Advantage Ultra Plan I Year- Symetra PX LOOK and or PDU 7X24 PM Visit Model (2) APC PXIOO KVA ,Covers Serial #'s PD1447150089 PD1447150091 (2) WADVlJLTRA-PK--38 5 11,136.00 - $ --T2-4825 —13,020.00 —S81500.00 APC Schneider Electric- Advantage Ultra Plan I Year - Syinmetra PX 80K and or PDU 7X24 PM Visit Covers Model (2) APC PX80 KVA Serial 4's PD1507350114 PD1507350107 (4) WUPG4HR-UG-02 4,320.00 4,338.40 T-6,%0.00 —4,000.00 1 Year 4HR 7X24 Response Upgrade to Factory Warranty or Existing Service Contract for 41 to 150 kVA Covers Model (2) APC PXI 00 KV A Serial 4's PD1447150089 PD1447150091 Covers Model (2) APC PX80 KV A Serial Ws PD1507350114 PD1507350107 I (4) WU1;FRABA7'-PX-B2 S 14,056.00 S 14,889.60 S 12,720A0 S 9,500.00 APC - Advantage Ultra Battery Plan Al —Y­,q1­o1rft PX 90-100 External Battery Frame Covers Model (2) APC PX80 Serial 4f's PD1447150089 PD1447150091 Covers Model (2) APC PX 100 Serial #'s PD1507350114 PD1507350107 (4) WADVUPTRA-AX-26 S 7,888.00 S 6,553.80 S 10,075.00 S 9,500,00 APC Schneider Electric —Advantage Ultra Plan I Year in-Row RC Chilled Water Cooling Units 'The APC Cooling Units: Model (4) ACRD30 IS Serial 9 JK1522006494 JK1522006490 'JK1522006498 JK1522006485 (4) WUPG8HR7X24-AX-00 S 1,5.28.00 S 1,540.00 S' 2,395.00 S 2,400.00 1— Year 9 Hr 7X24 Response to existing service Contract for Cooling Products �The APC Cooling Units: Model (4) ACRD301 S Serial * JK1522006494 JK1522006490 JK1522006498 JK1522006495 VA 0004 UPS SVSTEMS DRC Elee. RM 1 7202 Dick Fisher Dr. North. Model Ot FE12.5KVA Serial# FE12.5K0I S 2,170.00 S 2,500.00 S 2,250t.0 DRC Elec. RM 2. 7202 Dick Fisher Dr. North Model # FD18KVA Serial if FD18KO046968 S 2,170.00 S S 21859.00 'S 2,500.00 Model 4 FEISKVA I Serial # EA443FN00S S 2,170.00 t S 2,859,00 S 2,500.00 DR,C I.T. RM 7202 Dick Fisher Dr. North Model # I 8KVA Serial 9 BC515TOO I I $ 2,170.00 S S 2,859.00 S 2,500.00 Modd 9 9170-660C120AAAAAAA] Serial # BE203T0015 S 2,170.00 S $ 2,859.00 S 2,500.00 Public Library 9015 Grand Ave, Model Y FE12.5K Serial # BIF212FM00I S 2,170.00 $ S 2,500.00 $ 2,250.00 Mid-Cities Storage 7301 Mid-Cities Model 4 PW9170-6 Serial # C6661N9000HO47831 S 1,628.00 S 8 2,859.00 S 2,500.00 Model ft FE12.5KVA Serial N FE12.5KO1369 $ 2,170.00 S S 2,500.00 S 2,250.00 Model # FE12.5KVA ISerial 9 FE12.5K02789 S 2,170.00 S S 2,500.00 S 2,250.00 APC UPS Systems Sub-Total: S 52,384.00 s 47,757.05 S 58,190.00 S 40,400.00 ,Eaton UPS Systems Sub-Total: S 18,988.00 NO 1111) S 24,295.00 S 21,500.00 Proposed Contract Grand Total: I S 71,372.00 S 47,757.05 S 82,485.00 S 61,900.00 Purchasing Manager Bid Witness "Bid Titlnibifio So[—C All bids subininad for The designated project, are reflected on this bid tab sheet, However, the listing of bid on this sheet should not be coustrued as a conornentoa the responsiveness of such bid cr.s any indication that the city accepts such bid as responsive. The city will make a determination as to the responsiveness of bids submitted based upon comptistice with all applicable laws, City of North. Richland Hills guidelines, and project documents, including but not linuted to the project spccificationn and contract docunt-ts. The City will .fify the soc.%sfiJ bidder neon award ofthc cnntraet ,,.d, according to l—, .11 bids rccciacd will be available for hispection at that thn., CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1. Complete Nos. 1.4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties, CERTIFICATION OF FILING I Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2017-251763 Driscoll Automatic Tulsa, OK United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/18/2017 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17-018 Service Contracts for UPS and Cooling Systems 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) ---Controlling F—Intermediary Ferguson, Matt Tulsa, OK United States X Driscoll, Bryan Tulsa, 0K United States X 5 Check only if there is NO Interested Party, 6 AFFIDAVIT I swear, or affirr-ri, tinder penalty of perjury, that the above disclosure is true and correct, LOW--'VIA MCGIE StOe Of OkN�ihoill,,j On Nurnt)()r 0800665f3 -------- �1' MY CommiSS10, Expires 1C—Sig1atLjre afore authorized agent of contracting business entity Jim 21, 2020 AFFIX NOTARY STAMP/ SEAL ABOVt "N Sworn to and subscribed before me, by the said this the C!-11— clay of, to certify which, witness my hand and seal of office, xlk� 00 0 Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tXAJS Vp.i,qinn \/1 n k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 SUBJECT: Consider purchase of Hino Flatbed Truck from Rush Truck Center in the amount of $56,022.45. PRESENTER: Mike Curtis, Managing Director SUMMARY: The Parks Department is needing a flatbed utility truck to carry 2 mowers to various locations within the city. Staff is requesting Council to approve the purchase a flatbed truck from Rush Truck Center in the amount of $56,022.45. GENERAL DESCRIPTION: The Parks Department currently utilizes contract labor for the mowing and maintenance of the city's medians and right -of -ways. They are transitioning to having the mowing performed by in -house staff. A flatbed utility truck with mower ramps is necessary in order to transport the mowers and equipment around the city. The City of North Richland Hills is a member of several inter -local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the city to solicit competitive bids. Rush Truck Center has submitted a quote of $56,022.45 for the purchase of one new Hino 155 flatbed truck utilizing BuyBoard Contract #521 -16. The estimated delivery time for the Hino will be immediately following receipt of purchase order. RECOMMENDATION: Approve purchase of Hino Flatbed Truck from Rush Truck Center in the amount of $56,022.45. CERTIFICATE OF INTERESTED PARTIES Complete Nos, 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rush Truck Centers of Texas LP Dallas, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of North Richland Hills FORM 1295 Iof1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017- 261132 Date Filed: 09/15/2017 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to he provided under the contract. 521 -16 Hino 155 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary F rh—le —l.. if el..,... r.. ntn DENISE V. HILT. Notary ID tali 129630211 My Com desblon Eltylrm May 27, 2016 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affErm, under penalty of perjury, that the above disclosure is true and correct. authorized ant of contracting business entity Sworn to and subscribed before me, by the said this the / '� a day of�� 20_ _Q_, to certify which, witness my hand and seal of office, f of officer ad e-Jncf oath '.. U 4-1 1, (, � - Printed name of officer administering oath Title of officer admi Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 11, 2017 SUBJECT: Authorize the purchase of replacement mobile data computers for the Fire Department from Portable Computer Systems, Inc., dba PCS Mobile in the amount of $144,408.04. PRESENTER: Bob Weakley, Assistant Director- IT SUMMARY: Staff is recommending the purchase of mobile data computers (MDCs) for the Fire Department from Portable Computer Systems, Inc., dba PCS Mobile (PCS Mobile), in the amount of $144,408.04 to replace the current 10- year -old, end -of -life computers. The computers are used in Fire Department vehicles and ambulances for automated dispatch, records management and patient treatment. GENERAL DESCRIPTION: In budget year 2016/2017, City Council approved a capital project (IS1702) to replace mobile data computers (MDCs) currently used by the Fire Department in their response units. The current MDCs in the Fire Department vehicles have been in service for 10 years and reached their end -of -life. Additionally, the city can no longer find maintenance for them. The new MDCs will have all of the latest technology available including: increased processing speed, memory, disc space and will be a significant improvement over the 10- year -old units. A request for bid was solicited from PCS Mobile. PCS Mobile participates in and is approved by the State of Texas Department of Information Resources (TxDIR) cooperative purchasing program. By participating in the TxDIR cooperative purchasing program the city is meeting all competitive bidding requirements. The purchase will comply with the specifications set forth under TxDIR Contract DIR -TSO -3762. The bid from PCS Mobile for the replacement computers is in the amount of $144,408.04. The proposal meets all the specifications and general conditions required by the Fire Department. The proposal submitted is within the allocated budget for capital project IS 1702. RECOMMENDATION: Authorize the purchase of replacement mobile data computers for the Fire Department from Portable Computer Systems, dba PCS Mobile, in the amount of $144,408.04. r /!J p("""s mob"I'le" Corporate Headquarters 1200 W Mississippi Ave Denver, CO 80223 Phone: 888.836.7841 Email: sales cs o ie.co Customer: North Richland Hills, City of PO Box 820609 North Richland Hills, TX 76182 -0609 Proposal: PROPOSAL - 1800514 For. North Richland Hills, City of Print Date: 0813112017 03:24 PM Proposal Valid Date: 0913012017 03:23 PM Inside Sales Rep: Amy Hale Email: amyh @pcsmobile.com Phone: 888 - 219 -8699 Fax: 281 - 407 -4513 Salesperson: Saul Delgado Email: sauld @pcsmobile.com Proposal Created By: Saul Delgado Proposal Bob Weakley I Origination I Net 30 Days I Texas DIR -TSO -3762 & National IPA 120471 •- Description l� • • . GETAC : Getac B300G6, Intel Core i7 -65000 Processor, 13.3in With DVD 1 BE43TRDAEDXX Super -Multi +Smart Card Reader, Microsoft Windows 10 Professional x64 $3,877.24 18.00 $69,790.32 with default RAM 16GB, OPAL 2.0 256GB SSD, Sunlight Readable . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (LCD +Touchscreen), Multi language +US KBD +US Power cord, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 GDVNG6 GETAC : B300 - Vehicle Dock & Replication Plus (11 -16V, 22 -32V) car $569.88 16.00 $9,118.08 . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. charger internal without Pass Through, Gamber Johnson Composite Version . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GETAC: V1 10G3, i7- 65000, 11.6 +Webcam, Win10 PROx64 +16GB, OPAL 3 VE41TRKABDBX 2.0 256GB SSD, Sunlight Readable (LCD +TS), US KBD +US Power cord, $3,095.80 18.00 $55,724.40 . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Membrane Backlit KBD, Wifi +BT, Hard Handle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 GDVNG7 GETAC : Gamber Johnson Dock & Replication with screen stiffener. $593.83 6.00 $3,562.98 Includes LIND 12 -16V DC vehicle adapter 5 MOB - INSTALL Vehicle Onsite Installation $71.63 61.00 $4,369.43 . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. The RAM -243U consists of a 1.5" diameter rubber ball connected to a flat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 RAM -243U rectangular 2.81" x 5" base. The rectangular base contains the half VESA $25.00 3.00 $75.00 . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. hole pattern. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 DS -144 Gamber Johnson GMC /Chevrolet truck and SUV Vehicle Base (2007 -2013 $76.20 1.00 $76.20 . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. and 2014 all models EXCEPT 1500's) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7160 -0350 Gamber Johnson Ford Explorer Vehicle Base (2011 -2017) $89.40 2.00 $178.80 . . . . . . . . . . . . . . . . . . . . . . .. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DS- LOWER -9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Gamber Johnson 9" LOWER POLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $34.80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $104.40 . . . . . . . . . . . . . . . . . . . . . . .. 10 . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7160 -0178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Gamber Johnson 7" Center Upper Pole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $49.80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $149.40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7160 -0220 Gamber Johnson Mongoose 9" locking slide arm with 360 degree clevis $196.20 3.00 $588.60 . . . . . . . . . . . . . . . . . . . . . . .. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7160 -0230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Gamber Johnson Short support brace for DS & SM series bases with U -bolt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $44.40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $133.20 . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Vehicle Onsite Installation - This is to cover the additional installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 MOB - INSTALL service for the 3 vehicles that are getting a complete mounting solution $71.63 7.50 $537.23 installation. Total $144,408.04 If you would like to issue a Purchase Order, please email your Purchase Order to SaulD @pcsmobile.com or fax your Purchase Order to (281) 407 -4513. PCs Mobile now offers Preventive Maintenance Contracts to keep your vehicle's computers, docks, radios and mounts operating at peak performance. Contact Saul Delgado or Amy Hale if you would like further details. All prices and descriptions are subject to change and or correction Portable Computer Systems, Inc., dba: PCS Mobile Standard Reseller: Terms and Conditions 1. Contract Terms. These Terms and Conditions are attached to and made a part of a "Quote" for resale of products ( "Products ") provided by Portable Computer Systems, Inc., dba: PCS Mobile ( "PCS ") to the buyer named therein ( "Buyer "); and all further references herein to "this Agreement" mean the Quote, including these Terms and Conditions. Upon acceptance of this Agreement by Buyer, the provisions of this Agreement constitute a binding contract between PCS and Buyer. This Agreement shall be accepted by Buyer upon either receipt from Buyer of any written communication confirming this Agreement or acceptance by Buyer of Products shipped by PCS pursuant to this Agreement. This Agreement supersedes all prior communications relating to the Products covered by this Agreement, and any contrary or supplemental provisions in any Buyer purchase order or other communication from Buyer are specifically rejected. 2. Payment. Payment for the Products shall be in US dollars as stated in this Agreement. Unless stated otherwise, prices stated in this Agreement do not include any state or local sale, use or other taxes or assessments or freight charges (beyond delivery by PCS to common carrier), all of which shall be paid by Buyer. A service charge of 1.5% per month will be charged on all past due balances and will be due on demand. All PCS costs of collection, including reasonable attorney's fees, shall be paid by Buyer. Buyer grants PCS a security interest (and the right to file UCC financing statements) in the Products to secure payment of all amounts due. If Buyer fails to make any payment when due, PCS shall have the right to revoke any credit extended, regarding the Products or otherwise, to delay or cancel any or all future deliveries without liability to Buyer. The obligation of PCS to deliver Products shall terminate without notice upon filing of any bankruptcy proceeding by or against Buyer or appointment of any trustee for Buyer or any of its assets. Under no circumstances may Buyer set off against amounts due PCS pursuant to this Agreement any claim Buyer may have against PCS for any reason. 3. Shipment. Delivery of all Products shall be F.O.B. place of shipment by or for PCS, unless otherwise agreed in writing. PCS reserves the right to select the means of shipment, point of shipment and routing. Delivery will be deemed complete upon transfer of possession of Products to common carrier as described above, whereupon all risk of loss, damage or destruction to the Products shall pass to Buyer. 4. Acceptance of Products; Returns. All Products shall be deemed accepted by Buyer unless Buyer notifies PCS in writing within seven (7) calendar days of receipt of Products of any short shipment, wrong- product shipment, damaged Products or similar discrepancies. Once accepted by Buyer, Products may be returned only with authorization from PCS, in the sole discretion of PCS; and in no case will returns be considered more than thirty (30) days after delivery to Buyer. If accepted for return Products will be subject to a 20% restocking fee. 5. Warranties. PCS makes no representation with regard to Products of any kind or nature, express or implied, including any warranty of merchantability or fitness for a particular purposes, or usage of trade. Products are covered by manufacturer's warranty only. Copies of manufacturer's warranty will be provided to Buyer upon written request. PCS assigns to Buyer all warranties on the Products accepted by Buyer; and PCS shall have no obligation relating to processing claims there under, though PCS may assist Buyer therewith at the sole option of PCS. 6. Limitation on Liability. In no event shall PCS be liable for any claims for loss of use, revenue, profit or customer, or any direct, indirect, special, incidental or consequential damages of any kind or nature arising out of, or connected with the Products, the use thereof, or the sale thereof by PCS to Buyer. Further, Buyer agrees to indemnify and defend PCS from any such claims to the extent permitted by law. 7. Force Majeure. PCS shall not be liable for any delay or failure to perform any obligation of PCS under this Agreement that is caused by events of force majeure, including without limitation strikes, riots, casualties, acts of God, war, governmental action or other cause beyond the reasonable control of PCS. 8. Miscellaneous. This Agreement constitutes the entire agreement between PCS and Buyer regarding the Products, and may not be modified except by written agreement signed by the party to be charged with the modification. Buyer's rights under this Agreement may not be assigned without the written consent of PCS. If any provision of this Agreement shall become invalid or illegal under any provision of applicable law, the remainder of this Agreement shall not be affected. This Agreement shall be binding upon both PCS and Buyer, and their respective successors and assigns. This Agreement shall be interpreted in accordance with the internal laws of the State of Texas. k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: 09/25/2017 SUBJECT: Consider Resolution No. 2017 -034, approving the Selective Traffic Enforcement Program (STEP) FY 2018, Program Grant Application Effective October 1, 2017. PRESENTER: Rick Scott, Assistant Chief of Police SUMMARY: The North Richland Hills Police Department has received notification from TxDOT that grant funds have been allocated under the Selective Traffic Enforcement Program (STEP) 2018 Program to reimburse for overtime hours incurred while conducting enforcement for speed compliance, increased DWI enforcement and intersection control. GENERAL DESCRIPTION: The Texas Department of Transportation (TxDOT) provides grant programs to support the mission of the STEP Program, which is to reduce the number of speed - related and alcohol- impaired crashes, injuries, and fatalities throughout the state. To receive the grant funds, the City of North Richland Hills is required to enter into a grant agreement with TxDOT. The City of North Richland Hills agrees to fund overtime for 1,000 projected additional man -hours targeting speed compliance, impaired drivers and intersection control throughout this period. The Police Department will seek reimbursement from TxDOT at the conclusion of each month for overtime and mileage costs incurred each month. The maximum amount of the grant is $57,122.76. The city's matching amount of $11,722.76 represents 16.4% of the total wages and 100% of the administrative costs for the program, vehicle costs, etc. The Grant, ID 2018- N Richland -S -1YG -0049, becomes effective on October 1, 2017 and ends on September 30, 2018, unless terminated or otherwise modified. The attached resolution will authorize application for the grant and appoint the Public Safety Director as the agent to act for the city relative to the grant. RECOMMENDATION: Approve Resolution No. 2017 -034. RESOLUTION NO. 2017-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS APPROVING THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) 2018 PROGRAM GRANT APPLICATION EFFECTIVE OCTOBER 1, 2017. WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the Selective Traffic Enforcement Program (STEP) 2018 Program Grant, ID 2018 - N Rich land -S -1YG -0049, and make appointments for the conduct of business relative to the Grant; and WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to provide for increased enforcement for speed compliance and additional enforcement hours targeting impaired drivers during fiscal year 2018; and WHEREAS, The City Council of North Richland Hills finds that these two violations of the law unquestionably cause our citizens injury and property damage; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. The recitals and findings set forth above in this Resolution are true and correct and incorporated herein for all purposes. 2. The City Council of North Richland Hills approves submission of the grant application for the STEP 2018 Program. 3. The City Council of North Richland Hills agrees to fund overtime hours to provide for this additional enforcement during fiscal year 2018, in anticipation of reimbursement from the Texas Department of Transportation as set forth in the Grant Agreement. 4. The City Council of North Richland Hills designates the Public Safety Director as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. PASSED AND APPROVED this the 25th day of September, 2017. CITY OF NORTH RICHLAND HILLS Resolution No. 2017 -034 Page 1 of 2 Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director Resolution No. 2017 -034 Page 2 of 2 Texas Traffic Safety eGrants Fiscal Year 2018 Organization Name: City of North Richland Hills - Police Department Legal Name: City of North Richland Hills Payee Identification Number: 17560051042008 Project Title: STEP Comprehensive ID: 2018- NRichlan -S -1 `f G -0049 Period: 10/0112017 to 0913012018 City of North Richland Hills - Police Department STEP -2018 Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS Definitions: For purposes of these Terms and Conditions, the "Department" is also known as the „State" and the "prospective primary participant" and the "Subgrantee7 is also known as the "Subrecipient" and "prospective lower tier participant" ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws; minimum and maximum salary and wage statutes' and regulations; nondiscrimination iaws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of compliance_ ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements; including 2 CFR, Part 200; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance; and use of federal or state funds for this project_ Also, the Subgrantee assures and certifies that: A_ it possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained in the application, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required_ 6_ it and its subcontractors will comply with Title lag of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability_ C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Cade) § §4601 et seq_, and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR; Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. it will comply with political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply with provisions of the Hatch Act (5 U_S_C. 1501- 1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds- E- it will comply with the federal Fair Labor Standards Act's minimum wade and overtime requirements for employees performing project work- F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties_ 2018- NRichlan -S -1YG -0049 Printed On: 8/25/2017 Page 1 of 16 City of North Richland Hills - Police Department STEP -2018 G_ It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement_ H- it will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. 1. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement - Some, but not all, of the major federal laws that may affect the project include= the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Glean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource: Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U-S. Environmental Protection agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards; orders, directives; or other requirements that may affect this Project_ Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requirements that the federal government may now or in the future promulgate. J- It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USG §4012a(a)- Section 102(a) requires, can and after Larch 2, 1975, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards- The phrase "federal financial assistance includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K- It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq -), Executive order 11593, and the Antiquities Cade of Texas (National Resources Code, Chapter 191). L It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any,other officer or employee authorized to employ or supervise that person_ This prohibition shall not apply to the employment of a person described in Section573.062 of the Texas Government Code- M- it will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N- if applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of govemmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution - ARTICLE 3. COMPENSATiON A_ The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in a Project Budget category will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article- If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method_ 2018- NRichlan -S -1YG -0049 Printed On: 8/25/2017 Page 2 of 16 City of North Richland Hills - Police Department STEP -2018 B_ Alt payments will be made in accordance with the Project Budget. 1. The Subgrantee's expenditures may overrun a budget category (l, iI, or 111) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget_ 2_ If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. 3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. 4_ The maximum amount eligible for reimbursement shall not be increased above the Gravid Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this agreement- 5- For Selective Traffic Enforcement Program (STEP) grants only_ In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "Pl &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other_" Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (103) Salaries, Subcategories A, "Enforcement," or C "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "Pt &E Activities;" or C, "Other," can only be exceeded within the five (5) percent flexibility, with underrun funds from Budget Categories II or 111. C_ To be eligible for reimbursement under this agreement, a. cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D_ Federal or TxDOT funds cannot supplant (replace) funds from any other sources_ The term. "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this agreement is further governed by the cost principles outlined in 2 CFR Part 200_ F_ The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period_ The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants_ G_ The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty -five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds_ 1. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement_ If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding �ccict�nrc h-u nri th- initial �nr¢ -ar nt nnrind 2018- N Rich lan -S -1YG -0049 Printed On: 8/25/2017 Page 3 of 16 City of North Richland Hills - Police Department STEP -2018 irk -Xu11v t[t..rrnuu[.0 �..�.n..i t fiUrFwv. Preference for funding will be given to projects based on (1) proposed cast sharing and (2) demonstrated performance history. ARTICLE 4. LIMITATION of LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds_ If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall notify the Subgrantee, giving notice of intent to terminate this agreement; as specified in Article 11 of this agreement_ if at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement- ARTICLE 5. AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement_ ARTICLE Q.. ADDITIONAL WORK AND CHANGES IN WORK A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eCrants_ If the Department finds that such work does constitute additional work, the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to article 5, Amendments, to provide compensation for doing this work on the same basis as the original work_ If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. 0_ If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department_ This will be considered as additional work and will be pain for as specified in this ,Article_ C_ If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement. No additional compensation shall be paid for this work. D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do so by the Department. No additional compensation shall be paid for this work_ E_ The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment ARTICLE 7. REPORTING AND MONITORING A_ Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. Reporting periods vary by project duration and are defined as follows= 1 _ For short term projects, the reporting period is the duration of the project. Subgrantee shall submit 2018- N Rich lan -S -1YG -0049 Printed On: 8/25/2017 Page 4 of 16 City Of North Richland Hills -Police Department a performance report within 3U days cf project compketion. 2-Fnr|ongorproects the reporting pehodiennonthly- S ahoU submit a performance report within 3U days of the completion of each project month and within 3D days nf project conopletiVn 3'ForS*dec1iveTrmfficEnforcernentProgrom(STEP)VV projects, the reporting period iseach billing cycle. Subgrantee shall submit a performance report within 30 days of the completion ofeach billing cyc|c 8 The performance will include, as a minimum.- (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C_ The 5ubgrantee shall promptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including: 1 Problems, delays, adverse conditions, including h of project di t th changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods- This disclosure shall beaccompanied by a statement of the actiion taken or contemplated and any Department or federal assistance needed fo resolve the situation. Favorable developments nrevents that enable meeting time schedules and objectives sooner than anticipated nr achieving gr*nterperfonnnncen7easunenutoutdhmnohginz|k/projected- D. The Subgrantee sha||eUbnnit the Final Performance Report through eGrants within thirty (3O) days after completion nf the grant. ARTICLE W'RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting books and other evidence pertaining to costs incurred and work performed under this agreement (called the "Records"), and shall make the Records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement- The Subgrantee further agrees to retain the Records for four (4)years from the date of final payment under this agreement, until completion of all audits, or until pending, litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the.USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the Records- This right of retained- ARTICLE 9. INDEMNIFICATION A.Tothe extent permitted by law, the Subgrantee, ff other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees- The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees- 2018-N Rich Ian-S- 1 YG-0049 Printed On: 8/25/2017 Page 5 of 16 City of North Richland Hills - Police Department STEP -2018 ti_ i o ine extent perm¢teo oy iaw, the buograntee, it otner tnan a government entity, agrees io protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act, by either commission or omission on the past of the Subgrantee_ C_ if the Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents_ ARTICLE 10. DISPUTES AND REMEDIES This agreement supersedes any prior oral or ~written agreements_ If a conflict arises between this agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATiON A. This agreement shall remain in effect unfit the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless: 1_ This agreement is terminated in writing with the mutual consent of both parties; or 2_ There is a written thirty (30) day notice by either party; or 3_ The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately_ B_ The department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement,. provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A_ The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed_ B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties_ All inspections and evaluations shall be performed in a manner that will not unduly delay the work_ ARTICLE 13. AUDIT 2018- N Rich lan -S -1YG -0049 Printed On: 8/25/2017 Page 6 of 16 City of North Richland Hills - Police Department STEP-2018 The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit_ ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department- Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this agreement- No subcontract wilt relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15. GRATUITIES A- Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement- The only exceptions allowed are ordinary busihess lunches and items that have received the advanced written approval of the Department's Executive Director. 13- Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Sub,grantee to adhere to this policy may result in termination of this agreement- UM161m:61 ki MLI [610111 R;Mehl The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee; gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift_ ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department- The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Departments interests- F-11 -.4 " IM U-104117-MV.1W ►1114 NIMN N&L911111"Mol A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department. 2018-N Rich la n-S- 1 YG-0049 Printed On: 8/25/2017 Page 7 of 16 City of North Richland Hills - Police Department STEP -2018 B. Al[ employees of the Subgrantee shall have the knowledge and experience that will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project- C- Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work_ ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures, provided that the procedures are not in conflict with (1) the department's procurement and property management standards and (2) the federal procurement and property management standards provided by 2 CFR §§ 200:310 -_316, 20(}_318- _324_ ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings; models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department_ All sketches, photographs, calculations; and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B_ All rights to Department_ The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be Joint ownership_ C_ All rights to Subgrantee_ Classes and materials initially developed by the .Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes_ ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent of the Department through eGrants. ARTICLE 22. CIVIL RIGHTS COMPLIANCE 2018- N Rich lan -S -1YG -0049 Printed On: 8/25/2017 Page 8 of 16 City of North Richland Hills - Police Department STEP -2018 A_ Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally - assisted programs of the United States Department of Transportation (USDOT): 49 CFR, Part 21; 23 CFR Part 2 00, and 41 CFR, Parts 60 -74, as they may be amended periodically (called the "Regulations"). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U-S_ Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety agency and Subgrantee will comply with all Federal statutes and implementing regulations relating to nondiscrimination_ These include but are not limited to_ (a) Title VI of the Civil Rights Act of 1964 (Pub_ L. 88 -352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title iX of the Education Amendments of 1972, as amended (20 U.S.C_ 1681 -1683 and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U_S_C_ 794), and the Americans with Disabilities Act of 1990 (Pub_ L_ 101 -336), as amended (42 U.S_C. 12101, et,seq -), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U_S.C_ 6101 - 6107), which prohibits discrimination on the basis of age, (e) the Civil Rights Restoration Act of 1987 (Pub_ L_ 100 -259), which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities, (f) the Drug Abuse Office and Treatment Act of 1972 (Pub_ L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L_ 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C_ 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIIi of the Civil Rights Act of 1968, as amended (42 U_S.C. 3641, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application_ C_ Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex; national origin, age, religion, or disability_ D_ Information and reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives_ Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information_ E_ Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department shall impose such sanctions as it or the USDOT may determine to be appropriate_ F_ Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A- through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives_ The Subgrantee shall take any action with respect to any subcontract or procurement that the Department may direct as a means of enforcing those provisions, including sanctions for noncompliance: However, in the event a Subgrantee becomes inunhip4l in nr i�_ thrr-,atanari %fi ith litinatinn with a �zi rhrnntrartnr nr ¢" tnnliar A4 a racrilt of �zi irh 2018- NRichlan -S -1 YG -0049 Printed On: 8/25/2017 Page 9 of 16 City of North Richland Hills - Police Department STEP -2018 direction, the Subgrantee may request 'the Department to enter into litigation to protect the interests of the state, and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States_ ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26_ B: The Subgrantee shall adapt, in its totality, the Department's federally approved DBE program_ C_ The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http : / /www_txdot_gov /business /partnershipsldbe_html E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26_ The Subgrantee shall take all necessary and reasonable steps udder 49 CFR Part 26 to ensure n ©n- discrimination in award and administration of USDOT- assisted contracts. The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement_ Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement_ Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub- contractor) must include the following assurance: The contractor, sub- recipient, or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shrali carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts_ Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate_ ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) instructions for Primary Certification 1 _ By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certifficatidn set out below_ The certfcation or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction_ However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction_ 2018- NRichlan -S -1YG -0049 Printed On: 8125/2017 Page 10 of 16 City of North Richland Hills - Police Department STEP -2018 3_ The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction_ if it is later determined that the prospective primary participant Knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default_ 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5_ The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6_ The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7_ The prospective primary participant further agrees by submitting this proposal that it wilt include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions. S_ A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals_ Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Ion- procurement Programs_ 9_ Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause_ The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings- 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Fart 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default_ Certification Regarding Debarment. Suspension. and Ether Responsibility Matters- Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that its principals: !nl An- not nraczantiv rraharrarr zi i1zne-nri, -d nrnnnznri fnr riphnrmnnt rrarlarPrr inalinihii- nr %inli intarily 2018- N Rich lan -S -1YG -0049 Printed On: 8/25/2017 Page 11 of 16 City of North Richland Hills - Police Department STEP -2018 k-1 -u- .1— Fn -- -1wy I VtvV � 4 IT1 -1IL, vi.n..1.1— 11 vi va lu[Ml".'r excluded by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain; or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record; making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local)_ with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State, or local) terminated for cause or default_ (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification; such prospective participant shall attach an explanation to this proposal- Instructions for Lower Tier Certification 1 _ By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2_ The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into_ If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment_ 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4_ The terms: covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29_ You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations_ 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction; unless authorized by the department or agency with which this transaction originated_ 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension; Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction;" without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions_ (See below) 2018- NRichlan -S -1 YG -0049 Printed On: 8/25/2017 Page 12 of 16 City of North Richland Hills - Police Department STEP -2018 7. A participant in cornered transaction may rely Upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous_ A participant may decide the method and frequency by which it determines the eligibility of its principals_ Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non- procurement Programs: 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause_ The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, 9_ Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment. Suspension. Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions= 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2_ Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements in executing this agreement, each signatory certifies to the best of his or her knowledge and belief, th at 1 _ No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement_ 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions_ 3_ The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under rim-it [nano anri rnnnarntiup ariri-anipnNzl anri fhgt all �zrihri-r- nirsntc czh ll rartifir And dicrincza 2018- N Rich lan -S -1YG -0049 Printed On: 8125/2017 Page 13 of 16 City of North Richland Hills - Police Department STEP-2018 accordingly_ This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 3t, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement- A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231-006, Texas Family Code, as part of a court-supervised effort to improve earnings and child support payments. ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A- Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://edocket-access.gpo-gov/2010/pdf/2010-227 05.pdf and http-.//edocket.access.gpo.gov/201 0/pdf/2010-22706-pdf. B. The Subgrantee agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (48 CFR subpt 4-11) if this award provides for more than $25,000 in Federal funding. The SAM number maybe obtained by visiting the SAM web-sfte at: https://www-sam-gov 2- Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the distribution of federal money_ The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website htLp://fedgov-dnb-com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if. i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,060,000, and ii- The compensation information is not already available through reporting to the U-S_ Securities and Exchange Commission_ 2018-N Rich [an-S-1 YG-0049 Printed On: 8/25/2017 Page 14 of 16 City of North Richland Hills - Police Department STEP -2018 ARTICLE 28. SINGLE AUDIT REPORT A_ The parties shall comply with the requirements of the Single Audit Act of 1984, P_L_ 98 -502, ensurina that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to'TxDOT's Audit Office, 125 East 11 th Street, Austin, TX 78701 or contact TXDOT's Audit office at singleauditstxdot_gov C_ If expenditures are less than $750,000 during the Subgrantee's fiscal year, the Subgrantee must submit a staterent to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY 11 D_ For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above_ The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal 'year- ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States) The State and Subgrantee will comply with the provisions of the Buy America Act (49 U_S_C_ 5323 0)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent_ Clear justification for the purchase of non - domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation_ ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body_ Such activities include both direct and indirect (e_g., "grassroots ") lobbying activities, with one exception_ This does not preclude a State official whose salary is supported with NHTSA funds from engaging indirect communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal_ ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION [This article applies only to non - profit entities_J The Subgrantee is required to make any information created or exchanged with the Department pursuant to this Grant Agreement 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 Department. [SB- 1368, 83rd Texas Legislature, Regular Session, Effective 9/1/131 2018- N Rich lan -S -1YG -0049 Printed On: 8/25/2017 Page 15 of 16 City of North Richland Hills - Police Department STEP-2018 AR I 1ULt 42. FRUM11 I 1UN UN USINU UKAN I I-UNLJ5 I U L;NtL;K NUK HtL[Vlt I UbAUt (applies to subrecipients as well as States) The State and each Subgrantee will not use 23 U-S-C- Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists- ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Title 43 Texas Administrative Code §25-906(b). Subgrantee certifies it has adopted an internal ethics and compliance program that satisfies the requirements of Title 43 Texas Administrative Code §10-51 (relating to Internal Ethics and Compliance Program)- Subgrantee shall enforce compliance with that program_ 2018-N Rich Ian-S- 1 YG-0049 Printed On: 8/25/2017 Page 16 of 16 Texas Traffic Safety eGrants Fiscal Year 201 Organization Name: City of North Richland Hills - Police department Legal Name: City of North Richland Hills Payee Identification Number: 17560051942008 Project Title: STEP Comprehensive ID: 2018- NRichian -S -1 YG -0049 Period: 1010112017 to 09130/2018 City of North Richland Hills - Police Department STEP-2018 BUDGET SUMMARY Budget Ca . . ....... -, _. . ..... . .... . ....... � tegory . ... . ....... . - - --- - TXD10T [ --- --- -_ -_ -_ Match � Total Category I - Labor Costs . .. ......... (10�Ol _­ " ­_­[ Salaries: ___ __ __ — _[ $35,820.00 w .. ... . . .. .... . .... . ... . ........... ... ..... .. ............ $35,820.00 1200l Fringe Benefits: .. ......... $9,580.00 $7,441.66 . . ... . ... . . ........ ...... . $17,021-66 I -- -T-­ ­ - --- otal. ---- - - $45,400.00 $7,441-66 . . .. . ....... . ... . . ..... . .. .. . ................ $52,841.66 Category 11 - Other Direct Costs (300) Travel: $0 ... ..... .. $ �(400) Equipment $0 $0 $0 [(500) ] Suplie: ps $0 - ----- . .. ... .. .............. . . $249.75 .. . ... ..... ... . ....... ... .. $249,75 - ---- -- (600�) Contractual $0 $2500.00 $2,500.00 (700 $0 $0 $0 Miscellaneous: $0 $4,281.10 $4,281-10 .... . . ...... ..... ""' . ...... .... . .. . Total Direct Cosh . ......... ...... .. .... .. . . .... . $45,400.00 $11,722.76 $57,19216 Category III - Indirect Costs Indirect Cost ( 80 01 Rate: $0 $ $0 Summary Total Labor $45,400.00 $7 $52,841.66 Costs: ,441.66 Total Direct 0', $4,281.10 $ 4 Costs- ,281.10 Total Indirect $0 $ 0 $0 Costs: __ - - F - - ... ..... ,_ ­-I . . ...... ....... .... Share): I I ...... . . .... Salary and cost rates vvill be based on the rates submitted by the Subgrantee in its grant application in Egrants- 2018-N Rich [an-S-1 YG-0049 Printed On: 8/25/2017 Page I of I k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 SUBJECT: Consider purchase from Global Building Maintenance, Inc. for janitorial services for one year in the amount not to exceed $ 77,740. PRESENTER: Chris Amarante, Director of Facilities & Construction SUMMARY: Consider purchase from Global Building Maintenance, Inc. for janitorial services for one year in the amount not to exceed $ 77,740. GENERAL DESCRIPTION: Daily janitorial services for cleaning of city owned facilities consist of both in -house and contracted services. City Hall and other sensitive areas are cleaned with in -house staff. Janitorial services are contracted to clean locations requiring less security. Currently the city has 4 full -time and 3 part -time staff as well as contracted workers dedicated to cleaning these facilities. This hybrid approach of using both contracted services and city staff can be performed within the allocated budget. This agenda item is to approve the agreement with Global Building Maintenance, Inc. for janitorial services. This service coupled with in -house resources will provide the best value to the city, keep the facilities clean, prolong interior finishes, and maintain a positive image. Eight bids were received with Global Building Maintenance, Inc. providing the lowest complete bid meeting the specifications. Global Building Services, Inc. has reviewed the outlying facilities and will provide all labor, supervision, management, equipment, small tools, and insurance required to perform the services outlined in the proposal. The city will supply expendable restroom supplies such as hand towels, toilet tissue, sanitary products, hand soap, small tools, and plastic bags, which is a standard procedure. The city will be charged a flat rate for each facility identified on a monthly basis plus expenses for any additional services requested by the city. Additional services include items not covered in the flat rate quote, such as, additional carpet cleaning, window washing and /or any other item not identified in the agreement. The cost breakdown between the flat rate janitorial service and additional services is shown below: k4FItH NORTH RICHLAND HILLS Flat Rate Services: $52,740.00 Additional Services: $25,000.00 (if necessary) Total Agreement: $77,740.00 The current agreement with Southlake Leasing & Management, Inc /dba Regent Services will expire on September 30, 2017. This agreement with Global Building Maintenance, Inc. will have a term of one year. Global Building Maintenance, Inc. references were checked with favorable history. RECOMMENDATION: Consider purchase from Global Building Maintenance, Inc. forjanitorial services for one year in the amount not to exceed $ 77,740. NORTH RICH LAN D H] LL.S Iq ,"RM THE CITY CSI CHOICE 'Fable of Contents INVITATIONTO BID .................................................................................................. ............................... 3 GENERALCONDITIONS ............................................................................................ ..............................4 INSURANCEREQUIREMENTS .................................................................................. ..............................9 NON - COLLUSION AFFIDAVIT OF BIDDER ........................................................... .............................10 BIDCERTIFICATION ................................................................................................. .............................11 COMPLIANCE WITH HOUSE BILL 1295 ................................................................. .............................12 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY .................................. .............................13 CONFLICT OF INTEREST QUESTIONNAIRE ......................................................... .............................14 SPECIFICATIONS........................................................................................................ .............................17 Pi INVITATIONTO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 17 -020 ➢ Bid Type: REQUEST FOR BID ➢ Bid Name: JANITORIAL SERVICES ➢ Bid Due Date: Friday, August 18, 2017 ➢ Bid Due Time: 10:00 A.M. Central Standard Time ➢ Pre -Bid Conference: 10:OAM (CST) Friday August 4, 2017 6110 Dick Fisher Drive West, North Richland Hills, TX 76180 ➢ Deadline for questions: Date: Thursday, August 10, 2017 Time: 12:00 P.M.Central Standard Time DOCUMENTS MAY BE SUBMITTED ELECTRONICALLY VIA: www.publicpurchase.com DOCUMENTS MAY BE DELIVERED TO: City of North Richland Hills Purchasing, Attn: 17 -020 JANITORIAL SERVICES 4301 City Point Drive North Richland Hills, TX 76180 If delivering a bid packet please include One (1) hard copy and One (1) soft copy on Flash drive. Submit documents in a sealed envelope with the following information marked plainly on the front: ATTN: PURCHASING DEPARTMENT 17 -020 JANITORIAL SERVICES No oral explanation in regard to the meaning of the specifications will be made, and no oral instructions will be given after the pre -bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. 3 GENERAL C" T In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail. 1. BID TIME It shall be the responsibility of each Bidder to ensure his /her bid is turned in to the City of North Richland Hills on or before 10:00 A.M.Yriday, August 18, 2017. The official time shall be determined by the clock located at the switchboard in the North Richland Hills City Hall lobby. Bids received after the time stated above will be considered ineligible and returned unopened. All attached bid documents are to be returned completely filled out, totaled, and signed. Envelopes containing bids must be sealed. The City of North Richland Hills will not accept any bid documents other than the attached. 2. WITHDRAWING BIDS /PROPOSALS /QUOTES Bids may be withdrawn at any time prior to the official opening; request for non - consideration of bids must be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his /her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids. 3. IRREGULAR BIDS /PROPOSALS /QUOTES Bids will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City. 4. REJECTION /DISQUALIFICATION Bidders will be disqualified and /or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub - contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; e) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; f) Lack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires, or qualification statement; g) Bid containing special conditions, clauses, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. :l However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. 5. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and /or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price; terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; f) Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, general conditions and Specifications; i) Results of testing, if required; j) Warranty and /or guarantee, maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none ", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his /her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS /EXCEPTIONS Exceptions /variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 9. DELIVERY /ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and /or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause, the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal" product, his bid shall be considered as offering the brand name product referenced in the invitation forbids. 14. REFERENCES A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City (CMA -074, Standards of Conduct, Section IV). 16. TERMINATION /NON PERFORMANCE Continuing non - performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to 11 enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder, and /or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days' notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work, breach of contract, or other claim for goods, services, or compensation. All claims for attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement, and including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit, including self - insurance. 7 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100) percent of the total contract price; if the total contract amount exceeds $50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100) percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non - electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. DEPARTMENT OF TRANSPORTATION (TXDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S. C. §§ 2000d to 2000d -4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. " Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the bidder. The City of North Richland Hills and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. E3 INSURANCE REQUIREMENTS Contractors performing work on City property or public right -of -way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of North Richland Hills. Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work Type of Insurance Amount of Insurance Provision 1. Commercial General Liability to $1,000,000 each occurrence, City to be listed as additional include coverage for: $1,000,000 general aggregate; insured and provided 30 day- notice a) Premises /Operations of cancellation or material change b) Products /Completed Or in coverage Operations c) Independent Contractors $1,000,000 combined single limits City prefers that insurer be rated d) Personal Injury B +Vl or higher by A. M. Best or A e) Contractual Liability or higher by Standard & Poors f) Personal /Advertising Injury g) Medial Expense h) Fire Legal Liability i) Underground Hazard j) Explosion/Collapse Hazard k) Patent Infringement 1) Copyright Law Violations 2. Consultants, architects, engineers, $500,000 Professional Liability Landscape design specialist, other with proof that aggregate is still professional services available. 3. Workers' Compensation & Statutory Limits Alternate employer endorsement Employers' Liability $500,000 each accident required 4. Comprehensive Automobile $500,000 Combined single limit Liability Insurance, including for bodily injury and property coverage for loading and unloading damage hazards, for a) Owned /Leased Vehicles b) Non -Owned Vehicles c) Hired Vehicles A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. A NON COLLUSIONAFFIDAVIT OF BIDDER State of (Name) County of verifies that: (1) He /She is owner, partner, officer, representative, or agent of has submitted the attached bid: (Company Name) (2) He /She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. SIGNATURE PRINTED NAME Subscribed and sworn to before me this Day of NOTARY PUBLIC in and for 2017. County, Texas. My commission expires: THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID 10 BID CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He /she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He /she proposes to furnish all equipment /service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He /she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he /she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he /she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: ADDRESS: CITY, STATE & ZIP: TELEPHONE: FAX EMAIL: SIGNATURE: PRINTED NAME: DATE: 11 COMPLIANCE TH HOUSE BALL 129 In 2015, the Texas Legislature adopted ]EIouse Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Sign the printed copy of the form (an authorized agent of the business entity must sign), 4) Have the form notarized, 5) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application may be found at Itttps: / /www. ethics .state,tx,tis /wliatsnew /elF in F6 Form1295.11ttn. 12 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd., Austin TX 78701 -1416 P O Box 13186, Austin, TX 78711 -3186 (512) 463 -5872 ham: / /www. window. state.tx.us /procurein enL /prog /hub /hub - certification/ If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority -Owned Business Enterprise Women -Owned Business Enterprise Disadvantaged Business Enterprise 13 CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of North Richland Hills must file a completed conflict of interest questionnaire. The conflict of interest questionnaire must be filed with the City Secretary of the City of North Richland Hills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills or submits to the City of North Richland Hills an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the City of North Richland Hills. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a Class C misdemeanor. The Conflict of Interest Questionnaire is included as part of this document and can be found at: his. / /www. ethics .state.tx.tts /forms /CIQ.�iif 14 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a -1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes E-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F1 Yes E-1 No -5 J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a -1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:// www.statutes.legis.state.tx.us/ Does /LG /htm /LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1 -a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)GV and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12 -month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12 -month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a -1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a -1); or (3) has a family relationship with a local government officer of that local governmental entity. (a -1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11 /30 /2015 W SPECIFICATIONS Scope of Work: The work to be performed under this agreement shall consist of providing all supervision, and labor, to perform all janitorial work required according to the bid specifications. The work to be performed shall be at the following locations: Facility Name Address Public Library 9015 Grand Ave. Facilities & Construction 6110 Dick Fisher Dr. West AARC (Animal Control) 7301 Iron Horse Blvd Parks Operations 7200 B Dick Fisher Dr. South Public Works 7200 A Dick Fisher Dr. South Fire and Police Training 7202 Dick Fisher Dr. North Records Storage 7200 -E Dick Fisher Dr. South General Provisions: 1. It shall be each bidder's sole responsibility to fully understand the scope of work, schedule of services and complete specifications as outlined in this agreement. 2. Each employee assigned to work for the City of North Richland Hills will have to complete background check done by the City's Human Resource Department. At no time shall an employee /person who has not received a background check enter any of the facilities owned by the City of North Richland Hills 3. All work will be completed between the hours of 4:00 pm and 12:30 am Exception: noise level at the Public Library must be kept to a minimum until after closing at 9:00 pm Monday through Thursday and 6:00 pm on Friday. 4. Supplies will be furnished by the City of North Richland Hills. Ample time shall be given to the City to replenish supply request. 17 SCHEDULE OF SERVICES AND SPECIFICATIONS: A. General Areas: Following tasks are required nightly 1. Empty and remove trash, replace liner if needed. 2. Vacuum all hallways and high traffic areas. 3. Spot clean any spills on carpet and or hard surface floors. 4. Vacuum walk -off matts. 5. Dust mop all hard surface floors. 6. Damp mop all hard surface floors — using appropriate cleaner. 7. Damp wipe horizontal surfaces within normal reach — using appropriate cleaner. 8. Spot clean glass doors and partitions. 9. Clean and disinfect drinking fountains. 10. Remove any trash from planters. Following task is required at least 2 days a week: Vacuum all carpet. Following tasks are required at least 1 day a week: 1. Dust all horizontal surfaces with in normal reach. 2. Spot clean walls, light switches, doors, door knobs and kick plates. 3. Detail Vacuum all carpeted areas. B. Restrooms: Following tasks are required nightly. 1. Clean and disinfect the toilets, urinals, sinks, walls and partitions using proper chemical and dwell time. 2. Clean mirrors 3. Clean disinfect, and polish all bright metal using proper dwell time. 4. Clean, empty and disinfect sanitary napkin receptacles using proper chemical and dwell time. 5. Restroom supplies shall be replenished nightly, paper towels, toilet paper, and hand soap or any other supplies that may need replenishing within the bathroom. 6. Restroom supply dispensers shall be cleaned and disinfected nightly using proper chemical and dwell time. 7. Dust mop floor. 18 8. Wet mop flooring using proper disinfectant cleaner. *At no time shall bathroom mop water be used in any other area of the facility. * C. Break-Rooms- Following tasks are required nightly. 1. Dust mop hard surface floors. 2. Wet mop hard surface floors. 3. Vacuum carpeted floors. 4. Using proper disinfectant and dwell times, clean table tops, counter tops and sinks. The following items are done on an as needed basis- Clean/dust appliances such as exterior of microwaves, refrigerators, stoves, coffee makers and Ice machines or any other appliance that may be found within the D. Stairwells: Following tasks are required at least 2 days a week 1. Carpeted floors vacuumed. 2. Hard surface floors swept. 3. Hand rails dusted and cleaned using proper dwell times. 4. Any other items such as exposed pipes and valves etc. shall be dusted. E. Misc. Cleaning- 1 . Doors, woodwork, wall plates, and wall area around wall plates shall be spot cleaned weekly. 2. Low ledges, window sills, file cabinets, pictures and partition tops shall be dusted weekly. 3. Door handles, push bars, push plates and kick plates cleaned weekly. 4. Desk, workstations, and furniture tops shall be cleaned weekly only if completely cleared of all items. 5. High ledges, tops of doors, and window frames dusted monthly. 6. Ceiling corners shall be dusted to remove cobwebs bi- weekly. 7. Fire Extinguisher Cabinets shall be dusted inside and out and glass cleaned monthly if cabinet is accessible. 8. Baseboards cleaned monthly. 9. Ceiling vents, grills, window blinds and exit signs dusted quarterly. 19 F. Floor Maintenance: 1. All hard surface floors shall be detailed cleaned and scrubbed quarterly. 2. Carpet stains shall be spot cleaned as needed. 3. Carpet shampooing will be priced separately. G. Janitorial Closets and Storage Areas- 1 . Shelves shall be kept cleaned and product stored in a neat and orderly fashion. 2. Mops cleaned and properly stored. 3. Sinks kept clean and clear. 4. Floors kept swept and moped. 5. Equipment and tools cleaned and stored in a neat and orderly manner. 6. Lights turned off and doors kept closed and locked. (if lock is available) Janitorial Services for the City of Richland Hills as specified Herein: Facility Name Address Bid Amount (Per Month) Public Library 9015 Hawk Facilities & Construction 6110 Dick Fisher Dr. West AARC (Animal Control) 7301 Iron Horse Blvd. Parks Operations 7200 B Dick Fisher Dr. Public Works 7200 A Dick Fisher Dr. Fire and Police Training 7202 Dick Fisher Dr. North Records Storage 7200 E Dick Fisher Dr. Total Bid Amount (per month Carpet cleaning bid amount per square foot: 20 $ per sq. ft. NortIri F4ichfand Hills REP 17 -020 Janitorial Services Fridav, August 18, 2017 at 10 :00AM '., 1''uru.ltasin Nlxna re, 6,��" x r 8� Bid witness "'Bid Tabulation Statement" All bids submitted for the designated project are reflected on this bid tab sheet. However, the listing of a bid on this sheet should not be construed as a comment on the responsiveness of such bid or as any indication that the city accepts such bid as responsive. The city will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of North Richland Hills guidelines, and project documents, including but not limited to the project specifications and contract documents. The City will notify the successful bidder upon award of the contract and, according to law, all bids received will be available for inspection at that time. Worldwide Kamp &Sans Global Building Enterprises Inc Member's Building Oriental Building Regent Services General Services, PBS of Texas RAS Services, Maintenance Maintenance, LLC Services Inc OrientalB60ding" Oriental Building : Bid Amount Per Bid Amount Per :Bid Amount Per Bid Amount Per BfdAminuittParCS7onth Bid CtmnuntPar Mrintri Services -' `. ' a ices ' 'Month" .Month :Month uWlonth _ Public Library, 9015 Hawk.:.. S 2,354.00 ,S' 2,285.09 $ 3,485.63 S 2,752.00 S 2,847.90 S 2,610.58 $ 2,544,84 S' 2,165A0 c Faci lities & Construction, ... m. 'S 345.67 S 230.09 S 528113 S 340.90 $ 407.49 ' S 461.12 $ 405,92 ........ `! 361.71. Dick Fisher Dr. West _._. .____.�._......._._ ._. ..., _�.._ AARC (Animal Control), $ 368.55 4... 12.00 S S 352.08 S 280.0,0 S 433.00 S 456.48 '....5 405.92 S 337.74 7301 Iron Horse Blvd. Parks B ......... S 1.94,;56 ......... $ 259.0 @'., S 352..08 S 185.100 S 292.50 $ 302.40 S 288.74 S 228.15 Diak Fisher Dr. Dick Fisher r. Public Works, 7200 A Dick $ 491.40.. S 575.00 S 704.17 $ 602.00 .S 695.10. S 648.76. S 613.21 S 542.18 Fisher Dr. Fireand Police, Training, $ 442.26 S 465.00 S 352.08 S 410.09 S 564.30 564.311 $' 55747 S 440.15 7202 Dick Fisher Dr. North Records Storage, 7200E 196.56 S 21.5.00 S 176.94. S 269.00 S 420.00 S 44L90 S 372.70 S 326.95 Dick Fisher Dr. Total Bid Amount (per S 4,395.00 S: 4;432.00 $ 5,95011 $ 4,838.00 S 5,660.20 S 5,486.14 S 5,188.77 S 4,401.88 month) Carpet cleaning bid amount S 0.15.., S 0.0671 S 0.12 0.19 S - S 0..1..0 $ 0.1.4 S 0.45 per square foot: Encepsulatfon Method S 0.09 Hot Water Extraction S 0.12 Full Restoration ............ __ _.n _. ______ S 0.20 -�.. -- 'min.. _.........._...____ ......... ........�_._ '., 1''uru.ltasin Nlxna re, 6,��" x r 8� Bid witness "'Bid Tabulation Statement" All bids submitted for the designated project are reflected on this bid tab sheet. However, the listing of a bid on this sheet should not be construed as a comment on the responsiveness of such bid or as any indication that the city accepts such bid as responsive. The city will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of North Richland Hills guidelines, and project documents, including but not limited to the project specifications and contract documents. The City will notify the successful bidder upon award of the contract and, according to law, all bids received will be available for inspection at that time. CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1 - - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2017-253943 Global Building Maintenances, Inc. Dallas, TX United States Date Filed: 2 Name oigovernmental entity or state agency that is a party to the contract for which the form is 08/2412017 being filed, City of Noath Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17-020 Janitorial Services ---Nature of provide 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Earn, David Irving, TX United States x Kim, Ky Irving, TX United States x 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. =,Ot I i�o, 1* ROSARIA PAR Notary Public, State of TeXa3� roe 02-10-2021 'M Comm, c)(PI 7 Notary ID 131001440 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the said this thet day of t4o, 20 to certify which, witness my hand and sealot office. �0 No, "T 0 1 i f it e Notary OF , Signature of officer administering oath Printed name of officer administering catli --'S" it) ,,, w fill, 'Ot, y ID 131001440 Farms provided by Texas Ethios Commission www.ethios.state.tx.us Version V1.0.3337 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September, 25, 2017 SUBJECT: Approve annual Interlocal Agreement for participation in the City of Fort Worth's Environmental Collection Center Household Hazardous Waste Program. PRESENTER: Stefanie Martinez, Director of Neighborhood Services RIIMMORY• Council is being asked to consider and approve the annual interlocal agreement with the City of Fort Worth to participate in the Environmental Collection Center Household Hazardous Waste Program. GENERAL DESCRIPTION: The City of North Richland Hills has had an ongoing agreement with the City of Fort Worth which allows residents to dispose of Household Hazardous Waste materials at the Environmental Collection Center (ECC) located at 6400 Bridge Street, Fort Worth, TX 76112. Neighborhood Services is asking Council to approve the agreement with the new term beginning October 1, 2017. The agreement will automatically renew annually unless terminated upon 45 days written notice by either party. This agreement allows NRH residents to dispose of their household hazardous waste at no charge to the resident, but they will need to show either an NRH water bill or a driver's license with an NRH address. This year's agreement reflects a $3.00 per participant increase from the previous years. The City of Fort Worth will charge the City of North Richland Hills $50.00 per household per visit to dispose of their materials, plus an additional hourly reimbursement rate should Fort Worth have to repackage any items or clean up spills for the NRH participants. In FY17, NRH resident usage of the ECC again increased from the previous years. In FY16, 354 residents visited the ECC, and FY17 is projected to have 375 NRH residents utilize the disposal program. NRH's participation cost for the first three quarters of FY17 was nearly $12,600. It is anticipated that the total cost for FY17 will be $17,625. RECOMMENDATION: Approve annual Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program. INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM FY2018 INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "Fort Worth," acting by and through Fernando Costa, its duly authorized Assistant City Manager and the City of North Richland Hills , hereinafter referred to as "Participating City' and located in Tarrant County, Texas acting herein by and through Mark Hindman its duly authorized City Manager (Name) (Title) DELIVERY OF NOTICES Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: German Vazquez, Solid Waste Superintendent Rex Johnson, Environmental Supervisor Code Compliance — Solid Waste City of Fort Worth 4100 Columbus Trail Fort Worth, Texas 76133 If to Participating City: Stefanie Martinez, Director Neighborhood Services Department City of North Richland Hills 4301 City Point Dr. North Richland Hills, TX 76180 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 2 of 23 OPERATIONAL CONTACTS Participating City's Operational Contact Persons: Designated person is: Stefanie Martinez telephone number: 817 - 427 -6655 Mobile phone number (24 -hour) where he /she can be reached: 817- 880 -4761 Email Address: smartinez(@nrhtx.com Alternate person is Debbie York telephone number: 817 - 427 -6651 Mobile phone number (24 -hour) where he or she can be reached: 817- 475 -3074 Email Address: d)lork(@nrhtx.com VOUCHER UTILIZATION The Participating City: DOES wish to use a voucher system for its residents visiting the ECC or a mobile event. X DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event. If a voucher system is used only residents with an official voucher provided by Participating City will be allowed to drop wastes off at the ECC or at mobile events in Participating City. A copy of the official voucher must be attached to this agreement. INVOICE DELIVERY Invoices to Participating City shall be delivered to: Stefanie Martinez Name Neighborhood Services Department Department (if applicable) 4301 City Point Drive Street Address or PO Box North Richland Hills, TX 76180 City, State, ZIP smartinez @nrhtx.com; dyork @nrhtx.com; ifister @nrhtx.com email address for billing questions and correspondence Participating City shall notify Fort Worth in writing if the above contact information changes during the term of this Agreement. 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 3 of 23 \A /ITNFCCFTH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another local government to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal /recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Lading lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Code Compliance - Environmental Management Division facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and /or reuse. Environmental damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or un- matured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and /or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 4 of 23 (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. Force maieure means decrees of or restraints by a governmental instrumentality other than the Parties, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, floods, extreme weather, riots, war, rebellion, and sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) that must accompany shipments of municipal hazardous waste or Class 1 industrial solid waste. 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 5 of 23 Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. Mobile Collection Unit (MCU) means a non - self - propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off -site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. Mobile Collection Units owned by Fort Worth are designed to hold the hazardous waste of approximately 50 to 75 households. Participating City means the municipality which has entered into this agreement with the City of Fort Worth. Participating Entities, when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act, its amendments, associated case law, and state counterparts. CPR - cardiopulmonary resuscitation DOT - United States Department of Transportation ECC— Fort Worth Environmental Collection Center EPA - United States Environmental Protection Agency HAZCAT - hazardous categorization HAZWOPER - hazardous waste operations and emergency response and the training, certification, and legal requirements associated therewith HM - hazardous materials HHW - household hazardous waste MCU - Mobile Collection Unit TCEQ —Texas Commission on Environmental Quality 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 6 of 23 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement ") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City as described herein. 3. TERM This Agreement shall be effective from October 1, 2017 or the date the last party has signed this Agreement. This agreement will be self- renewing infinitely. This agreement will be binding for both parties until one or more parties terminate the agreement. Termination of the agreement shall be provided upon 45 days prior written notice to the other party. However, the duties and responsibilities of the Parties for events which occurred during the term of the contract shall survive. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and /or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; wastes from businesses; or any other wastes that Fort Worth has determined are unacceptable. Commercial waste is never accepted by Fort Worth. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with a waste disposal /recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and /or reuse of household hazardous waste that is collected at the ECC or during mobile collection events. D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a mobile collection event. F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at mobile collection events. 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 7 of 23 G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Mobile Collection Events Participating City may schedule a mobile collection event to be operated by Fort Worth personnel using one of Fort Worth's MCUs or conduct their own mobile collection events using either Participating City's MCU or Fort Worth's Reserve MCU (as available). State regulations require notification to the Texas Commission on Environmental Quality (TCEQ) at least 45 days prior to conducting the event. 1. Fort Worth Operated Events: If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Participating City shall contact the ECC as soon as possible for a list of available dates. The time and location shall be agreeable to both parties. Participating City may schedule one mobile collection event each contract year. Fort Worth will file notification of the event with TCEQ as required by 30 TAC §335.403. (a) Scheduling Events Fort Worth will begin scheduling mobile collection events for each calendar year on the first scheduled working day after the New Year begins. To ensure proper notification to TCEQ, events must be scheduled at least sixty (60) days ahead of the proposed date. Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first come first served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another city and Participating City will have to then choose another date. Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. Only one mobile collection event using Fort Worth staff and equipment per city is entitled under this contract. Additional events may be accommodated if feasible. (b) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property sixty (60) days prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth sixty (60) days before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth sixty (60) days before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. All events must be held on an impervious surface. (c) At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 8 of 23 much more waste it can accept for proper transport back to the ECC. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damages or recovery of any costs, except as provided herein. (d) Due to limited storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's MCU shall not also be at the event. (e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather, the threat of adverse weather, or other hazardous conditions including but not limited to sleet, snow, rain, mist, or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall attempt to notify persons listed herein as an "Operational Contact" by the Participating City and shall attempt to send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste that the Fort Worth Mobile Collection Unit will not be coming to the event, but the resident can go to the ECC to dispose of the waste. A map with directions to the ECC also will be provided. (f) The Participating City agrees to collect collection data at the MCU and provide Fort Worth with a list of total MCU participants and total quantities of wastes listed in an Excel spreadsheet in a template provided by Fort Worth as Exhibit C, within ten (10) days of the mobile collection event. No vouchers, sign -in sheets, or copies of either will be accepted by Fort Worth. 2. Participating City Mobile Collection Unit: (a) Fort Worth agrees to accept household hazardous waste from mobile collection events conducted by Participating City using Participating City's MCU in accordance with the terms of this Agreement. (b) Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhibit "A," attached and incorporated herein as if set forth. 3 Loan of the Reserve Mobile Collection Unit The reserve MCU is a specially designed and equipped thirty -six (36) foot gooseneck box - trailer and one (1) ton pickup owned by Fort Worth. Participating City may request the loan of Fort Worth's Reserve MCU free of charge for use in a Household Hazardous Waste collection event when available. Participating City may use the Reserve MCU to transport HHW to Fort Worth's ECC or another collection center that may lawfully receive HHW. Participating City shall provide Fort Worth with a written request, facsimile or e-mail, at least sixty (60) days prior to the event date for which the request is made. Fort Worth shall have sole determination whether the Reserve MCU is available for use by Participating City and shall notify Participating City as soon as is reasonably practicable of such decision. Fort Worth shall not participate in nor be responsible for 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 9 of 23 any part of the Participating City's HHW Collection Event unless and except by written mutual agreement. (a) Fort Worth shall disclose any known problems the Reserve MCU may have in performing the tasks necessary for the HHW Collection Event. Prior to issuance of the Reserve MCU, a pre -trip inspection for potential maintenance problems will be performed by Fort Worth. Also, both parties will complete a pre -trip aesthetic assessment. Participating City shall be responsible for all certifications and insurance necessary for the proper operation of the Reserve MCU. (b) Participating City agrees to maintain and return the Reserve MCU in as good condition as it was in when Participating City took possession for use. Participating City shall return the Reserve MCU to Fort Worth in a timely manner and as mutually agreed upon. (c) Participating City shall be responsible for all property damage, personal injury, or death caused by Participating City's employees, volunteers, contractors, or agents and arising out of the use of the Reserve MCU during the term of this Agreement. (d) It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection Operational Contact to interact with Fort Worth as designated on the signature page to this contract. B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency, and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC. If Participating City chooses to use such a system, it shall designate so 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 10 of 23 herein and include a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection event, and shall provide personnel to assist Fort Worth with the offloading of material, surveys, and screening of persons dropping off household hazardous waste. Prior to the event, the parties shall agree upon the details of the traffic control, signage, and personnel assistance. G. If a Participating City resident presents waste that was collected from multiple households, Fort Worth reserves the right to charge the Participating City based on the total number of households from which the waste originated even if the resident has only one voucher. H. Participating City shall provide a means for disposing of solid waste (e.g. boxes, trash, containers) on site during a mobile collection event. Mobile Collection Events using Participating City's MCU or Reserve MCU 1. Participating City is responsible for proper notification to TCEQ as required by 30 TAC §335.403. 2. Participating City shall advise the ECC at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; or any other wastes that Fort Worth has determined are unacceptable. 3. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti - freeze, lead -acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 4. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 11 of 23 5. The Participating City's MCU operators shall package all hazardous materials in accordance with DOT requirements, EPA requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil -based paints and latex paints shall be bulked separately in 55- gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non -HHW waste collected at the event. 6. Prior to transporting the HHW from the collection event site, Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. 7. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 8. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC manager or his /her designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the Participating City's MCU and store the unit at the ECC. After being contacted, Participating City shall pickup their unit within 10 days. 9. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth herein. 10. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth herein. 6. USE OF WASTE DISPOSAL /RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with a waste disposal /recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and /or reuse of household hazardous waste, from the ECC. B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead -acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 12 of 23 cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and /or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time -to -time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Participating City, its employees, residents, or any other person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS. 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 13 of 23 D. Participating City shall contact the ECC manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. INDEMNIFICATION REGARDING REUSED OR RECYCLED MATERIALS. 1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY , OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. 2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY SHALL NOT ACCEPT, NOR ALLOW ANY OTHER PERSON TO ACCEPT ANY OF THE REUSED OR RECYCLED MATERIALS AND SHALL NOT BE REQUIRED TO AGREE TO THE WAIVER IN PARAGRAPH E. Initial here to reject term 7.E.1. and accept alternate term 7.E.2. F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 14 of 23 G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City or Participating City's resident, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he /she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the Agreement, the ECC's hours of operation are as follows: Thursday and Friday 11:00 a.m. - 7:00 p.m. Saturday 9:00 a.m. - 3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following holidays that are observed on days the ECC would otherwise be open to the public: New Year's Day Martin Luther King Jr. Day Thanksgiving holiday, Thursday and Friday Memorial Day Independence Day Labor Day Christmas Day In addition to the above closures Fort Worth employees may not be available to conduct mobile collection events on other dates to conduct mobile collections within the City of Fort Worth, 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 15 of 23 although the ECC will remain open on those days. The ECC may close due to furlough days or other causes, and the City of Fort Worth does not represent to Participating City that the ECC will be open on any particular days. If additional closures due to any cause are necessary Fort Worth will notify Participating City prior to the closure unless due to an unforeseeable event. C. Notifying Residents Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed. Participating City also may advertise the 24 -hour Environmental Collection Center telephone number: 817 - 392 -1234. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this Agreement: A. Participating City agrees to pay Fort Worth the sum of $50.00 per household per visit to the ECC (or per participating household in a Mobile Collection Event) to dispose of household hazardous waste. If a Participating City resident presents waste that was collected from multiple households, Fort Worth reserves the right to charge the Participating City based on the total number of households from which the waste originated. B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for its staff time at $20.00 an hour and the cost of supplies. C. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs for City staff time ($60.00 per hour) plus the cost of supplies and the actual costs for the spill response and remediation incurred by the City of Fort Worth for third party contractors and responding governmental agencies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 16 of 23 F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ( "Bloomer," "Otto," "Pestie," "Scrub," and "Van Goo ") and the recycling buddies ( "Scrappy," "Juggles," and "Cana Nana "), "Conquer Your Crud," and "Crud Cruiser ", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City a non - transferable, non - exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and /or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and /or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and /or promotional materials. 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 17 of 23 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon forty -five (45) days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL /RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" "REUSE OF COLLECTED MATERIALS" and ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND "PROMOTIONAL MATERIALS LICENSE AGREEMENT" and any terms and conditions arising from events occurring during the term of the contract . 15. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by Participating City and Fort Worth. 16. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 17. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County, Texas. 18. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 19. AUTHORIZATION The undersigned officers and /or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 18 of 23 SIGNATURE PAGE INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM CITY OF FORT WORTH By: Fernando Costa Assistant City Manager Date: APPROVED AS TO FORM AND LEGALITY: Christa Reynolds Sr. Assistant City Attorney ATTEST: Mary J. Kayser City Secretary Contract Authorization No. • In 1 1@] 1. ■ 1 1.1111: ' 1 1 ■ 114 WE By: Printed name: Mark Hindman Title: City Manager Date: APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis City Attorney ATTEST: Alicia Richardson City Secretary 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 19 of 23 CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rex Johnson Environmental Supervisor — Environmental Collection Center 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 20 of 23 Exhibit "A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material Amount Restocked Special Needs Remarks 55 gallon open top drums Amount taken off the (open top for loose packs) trailer 55 gallon drums (closed Amount taken off the top) (oil, antifreeze, bulk trailer flammable materials and one extra) Fiber drums (55 or 30 Amount taken off the gallon) Aerosols, acids, trailer bases and oxidizers) Gaylord box liners (plastic) Amount taken off the trailer 55 gallon drum liners Amount taken off the trailer 5 gallon buckets Amount taken off the (filters /haz chemicals) trailer Survey Forms Amount taken off the trailer Labels /drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials & Amount needed Brochures 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 21 of 23 Exhibit "B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the , 20_. 1 hereby give my permission to the City of and the City of Fort Worth, to hold a household hazardous waste collection event on my property in which the City of has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the City of and its officers, agents, and /or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and /or employees and the City of or its officers, agents, and /or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the City of to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. Signature Witness Date Date 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 22 of 23 Exhibit "C" MOBILE COLLECTION DATA FORMAT 2018 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 23 of 23 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: Public Works DATE: September 25, 2017 SUBJECT: Consider Ordinance No. 3477 amending Section 54 -166 of the Code of Ordinances to restrict parking on designated portions of Bridge Street and Ice House Drive in Home Town PRESENTER: Caroline Waggoner, City Engineer SUMMARY: The City Council is being asked to approve an ordinance which restricts parking on designated portions of Bridge Street and Ice House Drive in Home Town. GENERAL DESCRIPTION: Ice House Drive and Bridge Street are both located within the Home Town section of North Richland Hills, where the street classifications provide for the presence of designated on- street parking spaces. In the case of Ice House Drive, the spaces are parallel to the travel lane, while Bridge Street includes both parallel and diagonal parking stalls. The areas designated for parking are adjacent to a variety of uses, including Walker Creek Elementary, NYTEX Sports Centre, the Enclave apartments, townhomes, and single family lots. The intent of these street sections is to provide on- street parking without compromising the travel lanes and forcing motorists to cross the center line to avoid parked cars. The travel lanes are 11' wide on Ice House Drive and 13' on Bridge Street (wider to support Fire Protection adjacent to the school). When the newest phase of the Home Town Canal District is complete, there will be 98 designated parking stalls on Bridge Street, and 111 stalls on Ice House Drive. Despite the clear presence of parking stalls, a number of residents and visitors in this vicinity continue to park in areas not designed for parking. This includes the area immediately south of Mid - Cities Boulevard, and areas in the vicinity of NYTEX, particularly during events. It is critical that the city's emergency services are able to access and service these facilities via Ice House Drive and Bridge Street with an appropriate fire lane width of at least 20'. Further, there are multiple roadway and access drive intersections along both roadways which must be kept clear to ensure drivers can see oncoming traffic prior to entering the roadway. The proposed ordinance would restrict parking to the striped stalls constructed adjacent to the travel lanes only. Those areas not suitable for parking would be clearly identified by signage at each end of the roadway and painted curbs at all restricted locations (see k4FItH NORTH RICHLAND HILLS attached map with marked restricted locations). City staff will also reach out to all adjacent property owners notifying them of pending enforcement of the parking standards. The ordinance will go into effect 30 days after approval. RECOMMENDATION: Approve Ordinance No. 3477. Ice House Drive Parking Restrictions Bridge Street Parking Restrictions ORDINANCE NO. 3477 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING SECTION 54 -166 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND PROHIBITING PARKING ON PORTIONS OF BRIDGE STREET AND ICE HOUSE DRIVE; ESTABLISHING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, It has been determined by City staff that parking at the designated locations hereafter described creates unacceptable traffic hazards; and WHEREAS, Pursuant to Chapter 545, Subchapter G of the Texas Transportation Code, the City Council has the authority to regulate on street parking and designate restricted parking areas by signs or markings; and WHEREAS, Ice House Drive and Bridge Street abut relatively high density development, including multi - family living units, an elementary school, and an indoor sports /entertainment venue; and WHEREAS, It is critical that parking be limited to the permitted parking areas so as to prevent traffic congestion and to ensure that the City's emergency services are able to access facilities along this roadway with an appropriate fire lane width; and WHEREAS, The City Council finds that the establishment of parking restrictions is in the best interest of the health, safety and welfare of the traveling public and citizens of North Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein into this Ordinance. Section 2: Section 54- 166(a) of the North Richland Hills Code of Ordinances is hereby amended by adding new Subsections (45) and (46) which shall read as follows: Sec. 54 -166 On- Street Parking Prohibited. (a) The parking, stopping, or standing of any vehicle at the following location is prohibited: (45) Ice House Drive east of Hawk Avenue from its intersection to Mid - Cities Blvd, spanning 2,200 linear feet east. (46) Bridge Street from Ice House Drive to Lake Way, spanning 1,800 linear feet south. Ordinance No. 3477 Page 1 of 3 Section 3: The City's Engineer, or his /her designated representative, is hereby authorized and directed to place or cause to be placed, appropriate traffic control devices, curb markings, and appropriate signs to effectuate the establishment of the prohibited parking areas as herein provided. Section 4: These parking restrictions shall apply to all portions of Ice House Drive and Bridge Street that do not have fully constructed parking stalls immediately adjacent to the travel lanes. Section 5: Any person, firm or corporation violating Section 54- 166(a)(45) or (46) of the North Richland Hills Code of Ordinances shall be deemed guilty of a misdemeanor and upon final conviction thereof shall be fined in an amount not to exceed Two Hundred Dollars ($200.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. Section 6: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event 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 phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section 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 phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 8: 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 in the Code of Ordinances of the City of North Richland Hills 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 9: 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 10: This ordinance shall be in full force and effect upon publication as required by law and 30 days from and after its passage. AND IT IS SO ORDAINED. Ordinance No. 3477 Page 2 of 3 PASSED AND APPROVED on the 25th day of September, 2017. CITY OF NORTH RICHLAND HILLS 0 Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to Form and Legality: Maleshia McGinnis, City Attorney Ordinance No. 3477 Page 3 of 3 t4lkHPLuUlfix Works / Einghneerhing TO: Maleshia Farmer, City Attorney FROM: Caroline Waggoner, P.E., City Engineer SUBJECT: Ice House Drive and Bridge Street Parking Restrictions DATE: September 25, 2017 Ice House Drive (Mid- Cities to Hawk) is a 2,200 linear foot undivided street with an ST- 64-38 designation on the Town Center Regulating and Thoroughfare Plan. Bridge Street (Ice House Drive to Walker Branch) is a roughly 1,800 linear foot undivided street with variable designations (ST- 66 -38, CS -75 -47 and ST- 64 -38) on the Town Center Regulating and Thoroughfare Plan. These roadways are designed to accommodate two -way traffic with on- street parking in specific locations along the roadways. The permitted parking areas are constructed so as not to impede the flow of through traffic in the travel lanes. Please accept the following justification for enforcement of parking restrictions on both Ice House Drive and Bridge Street in the Hometown area of North Richland Hills. Emergency Access: Both Ice House Drive and Bridge Street abut relatively high density development, including multi - family living units, an elementary school, and an indoor sports /entertainment venue. It is critical that the City's Emergency Services be able to access and service these facilities via Ice House Drive and Bridge Street with an appropriate fire lane width of at least 20'. Visibility / Maneuverability: Ice House Drive has three bends in the roadway which are not designed to accommodate parking in addition to vehicle maneuvering. In addition, there are multiple roadway and access drive intersections along both roadways which must be kept clear to ensure drivers can see oncoming traffic prior to entering the roadway. The recommended parking restrictions should apply to the all portions of Ice House Drive and Bridge Street that do not have fully constructed parking stalls immediately adjacent to the travel lanes. 4301 City Point Drive North Rich4nd I Ms, ��exas 76180 (8] 7) 42 "7..6400 Fax (8] 7) 427 640 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 SUBJECT: Authorize the City Manager to execute an interlocal agreement with the North Central Texas Council of Governments for access to their actuarial consulting services through Gabriel, Roeder, Smith, & Co. PRESENTER: Mark Mills, Finance Director RIIMMORY• The City Council is requested to authorize the City Manager to execute an interlocal agreement with the North Central Texas Council of Governments ( "NCTCOG ") for access to their actuarial consulting services through Gabriel, Roeder, Smith, & Co. GENERAL DESCRIPTION: In preparation for the audit associated with the fiscal year ending September 30, 2017, and the subsequent Comprehensive Annual Finance Report ( "CAFR "), it is necessary for the city to seek actuarial services for a study to be used for new Governmental Accounting Standards Board ( "GASB ") reporting standards, specifically Statement 74. Financial Reporting for Postemployment Benefit Plans Other Than Pensions. Through NCTCOG Shared Services program, Actuarial Shared Services is a coalition of Texas governments that agreed to develop a standard approach for acquiring actuarial services necessary to meet these new reporting requirements. Over 100 Texas employers participate in the NCTCOG actuarial shared services program. Having gone through a procurement process, NCTCOG selected Gabriel, Roeder, Smith, & Co. ( "GRS ") to deliver actuarial and consulting expertise on a shared services basis. GRS is a national firm focused on providing actuarial services to the public sector and their clients include some of the largest pension plans in the Country. Once the interlocal agreement has been established with NCTCOG, North Richland Hills will enter into a client- specific service level agreement with GRS based on the city's reporting requirements. RECOMMENDATION: Authorize the City Manager to execute an interlocal agreement with the North Central Texas Council of Governments for access to their actuarial consulting services through Gabriel, Roeder, Smith, & Co. Nort h 00, Texas SHARE Your Public Sector Solutions Center For NCTCOG Use Only ILA No: MASTER INTERLOCAL PURCHASING AGREEMENT THIS MASTER INTERLOCAL AGREEMENT ( "ILA "), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act "), by and between the North Central Texas Council of Governments, hereinafter referred to as " NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, TX 76011, and City of North Richland Hills a local government, a state agency, or a non - profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at 4301 City Point Drive, North Richland Hills, Texas 76180 WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, NCTCOG has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that it is authorized to enter into this Agreement on 09/25/17 (Date), and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the Participant do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non - profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: SCOPE OF SERVICES The Participant appoints NCTCOG its true and lawful purchasing agent for the purchase of certain products and services ( "Products" or "Services ") through the North Texas SHARE program. Participant will access the Program through www.NorthTexasSHARE.org. All purchases under this Agreement shall comply with applicable Texas competitive bidding statutes as well as the specifications, contract terms and pricing applicable to such purchases. NCTCOG may also serve as a coordinating agent to administer the use of eligible Participant contracts to other participants of North Texas SHARE. The eligibility of such contracts will be determined by incorporation of coordinating agent authorization in Participant's solicitation documents. Title to all products purchased under the North Texas SHARE program shall be held by Participant unless otherwise agreed. Nothing in this Agreement shall preclude the Participant from purchasing Products and /or Services offered in the North Texas SHARE program directly from the vendor /supplier. Nort h 00, Texas SHARE Your Public Sector Solutions Center ARTICLE 3: PAYMENTS For NCTCOG Use Only ILA No: Upon delivery of goods or services purchased and presentation of a properly documented invoice, the Participant shall promptly, and in any case within thirty (30) days, pay the contracted provider the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability to the Participant for any goods or services Participant purchases through the North Texas SHARE program. ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (1) year. This Agreement shall automatically renew for successive one -year terms unless sooner terminated in accordance with Article 6 below. Any modification of this Agreement must comply with the requirements of Article 5 below. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right from time to time to make changes in the scope of products and services offered through the North Texas SHARE program. ARTICLE 6: TERMINATION PROCEDURES NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligation of the Participant to pay for any Service and /or Products purchased under this Agreement, shall survive such cancellation, as well as any other Participant costs incurred prior to the effective date of the cancellation. ARTICLE 7: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 8: DISPUTE RESOLUTION The parties to this Agreement agree to the extent possible and not in contravention of any applicable state or federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration or any other local dispute mediation process before resorting to litigation. ARTICLE 9: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. Nort h 00, Texas SHARE Your Public Sector Solutions Center For NCTCOG Use Only ILA No: d. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. f. This Agreement and any attachments /addendums, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: North Central Texas Council of Governments North Texas SHARE 616 Six Flags Drive, Arlington, Texas 76011 NCTCOG Executive Director or Designee Signature of Executive Director or Designee Date City of North Richland Hills, Texas Name of Participant Agency 4301 City Point Drive Mailing Address North Richland Hills, Texas 76180 City State Zip Mark Hindman, City Manager Name and Title of Authorized Official or Designee Signature Date k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September, 25, 2017 SUBJECT: Authorize rejection of all bids received for Bid No. 17 -019 for the NRH20 Beachside Bay Cabana Project. PRESENTER: Bill Thornton, Assistant Director, Parks and Recreation SUMMARY: This item is to reject all bids received for the construction of eight (8) cabanas, landscaping, and associated flatwork within Beachside Bay at NRH20 Family Waterpark. The need to rebuild NRH2O Reserves along with the scheduled replacement of the two main filters at NRH20 has made it necessary to delay the cabana project. GENERAL DESCRIPTION: The approved NRH20 Family Waterpark Capital Improvement Program for FY 2016- 2017 includes funding for the construction of eight (8) rental cabanas in the Beachside Bay area inside NRH20. The project consists of removing the existing sand volleyball court and tech deck and replacing these amenities with eight cabana structures and connecting sidewalks. The project was designed in -house and budgets were developed from informal quotes received from several suppliers and contractors. Notice of the city's intent to bid was advertised in local newspapers, as required by state statute, and posted on the city's website. Five (5) bids were received on August 23, 2017. Pricing was provided as follows: Bidder Base Proposal Covarrubias Construction $234,998.00 KDA Contractors, Inc. $289,960.00 Denco CS Corp $317,777.77 CIMA General Contractors $392,444.00 SDB Contracting Services $398,844.00 Although the two lowest bids fall within the allocated budget, staff determined that it is in city's best interest to delay the project to ensure that NRH2O has healthy reserves. The k4FItH NORTH RICHLAND HILLS project will be reconsidered in the future depending on other needs of the park and the ability to cash fund the project or issue debt. RECOMMENDATION: Authorize rejection of all bids received for Bid No. 17 -019 for the NRH20 Beachside Bay Cabana Project. k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 SUBJECT: Consider Resolution No. 2017 -037, appointing a member to the Planning and Zoning Commission. PRESENTER: Alicia Richardson, City Secretary SUMMARY: Each year, the City Council appoints members of the public to serve on various boards, commissions, and committees (the "Boards "). Appointed members serve a two -year term, unless appointed to fulfill an unexpired term. These annual appointments coincide with City Council terms — Places 1, 3, 5, and 7 are appointed in odd - numbered years and Places 2, 4, 6, and Mayoral appointments in even - numbered years. Each member serves until their successor has been duly appointed and qualified. GENERAL DESCRIPTION: The annual appointments were discussed and approved on July 24, 2017. Subsequently, tenured Planning and Zoning Commission member Bill Schopper submitted his resignation on August 24th. Due to this vacancy, Mayor Pro Tern Turnage is recommending Mason Orr (who was recently appointed as alternate) be appointed to Place 6, term expiring June 30, 2018. PLANNING AND ZONING COMMISSION Mason Orr Place 6 June 30, 2018 RECOMMENDATION: Approve Resolution No. 2017 -037, appointing Mason Orr to the Planning and Zoning Commission, term expiring June 30, 2018. RESOLUTION NO. 2017-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION; ESTABLISHING A TERM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, appointed members serve a two -year term, unless appointed to fulfill an unexpired term; and WHEREAS, annual appointments coincide with City Council terms with Places 1, 37 57 and 7 being appointed in odd - numbered years and Places 2, 47 6, and Mayoral appointments in even - numbered years; and WHEREAS, each member serves until their successor has been duly appointed and qualified; and WHEREAS, City Council desires to fulfill the vacancy in Place 6 on the Planning and Zoning Commission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the recitals set forth above are true and correct and are hereby incorporated into and made a part of this Resolution. SECTION 2. The following member has been submitted for nomination and approved by a majority of the City Council. Planning and Zoning Commission Mason Orr Place 6 Term expiring June 30, 2018 PASSED AND APPROVED this the 25th day of September, 2017. CITY OF NORTH RICHLAND HILLS ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Oscar Trevino, Mayor r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 25, 2017 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: Don't forget National Night Out is next Tuesday, October 3rd. Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. Contact the Police Department for more information. Join us for the annual NRH Road Runner 5K on Saturday, October 7 starting at Green Valley Park. This year's race will benefit the Community Enrichment Center and HELP Inc. Visit the website to register and get more information. Also, on the evening of Saturday, October 7 join us at the City Hall plaza for a free concert by The Eggmen, followed by a laser light show. Food trucks will also be on site. The concert begins at 7 p.m. Seating will be on the lawn, so remember to bring your blankets or lawn chairs. Visit our website or call the Parks Department for more details. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Terry Scherer in Public Works - A citizen emailed to say how thankful she was that Terry responded to sewer issues at her home. Even though it was after normal work hours, he was polite and helpful, she said. She is glad that someone is there to respond even on nights and weekends and appreciates the city's emphasis on providing good customer service to everyone.