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HomeMy WebLinkAboutCC 2017-06-12 Agendas MRH CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, JUNE 12, 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. Night of Holiday Magic Planning Efforts 4. Discuss rescheduling or canceling the October 9, 2017 City Council meeting. 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 551.087: Deliberate regarding economic development negotiations - 7520 NE Loop 820 and 5198 Rufe Snow. Monday, June 12, 2017 City Council Agenda Page 1 of 4 2. Section 551.072: Deliberate the purchase, exchange, lease or value of real property - 8300 Starnes 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 BARTH A.2 PLEDGE - COUNCIL MEMBER BARTH A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Presentation of Northeast Tarrant Teen Court Scholarship - Brock Crymes A.3.2 Recognition of former Council member David Whitson 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 regular May 15, 2017 City Council meeting. C. PUBLIC HEARINGS C.1 ZC 2017-06, Ordinance No. 3466, Public Hearing and consideration of a request from Spry Surveyors for a zoning change from AG Agricultural to R-1 Single Family Residential on 1.028 acres located at 6905 and 6909 Crane Road. C.2 RP 2017-05 Public Hearing and consideration of a request from Spry Surveyors for a replat of Lots 3R and 4R, Dawn-King Addition on 1.028 acres located at 6905 and 6909 Crane Road. D. PLANNING AND DEVELOPMENT Monday, June 12, 2017 City Council Agenda Page 2 of 4 D.1 AP 2017-02 Consideration of a request from Spry Surveyors for an Amended Plat of Lots 9R through 12R, Block 2, Briar Pointe Villas Addition on 0.302 acres located on Briar Pointe Drive. E. PUBLIC WORKS E.1 Consider awarding Project RFB No. 17-016 to Ragle, Inc. for the construction of the Rufe Snow / Glenview Intersection Improvement Project (ST1201) in the amount of $861,116.50. F. GENERAL ITEMS F.1 Discussion and Consideration of Ordinance No. 3465, authorizing the issuance of $7,545,000 "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2017' and resolving other matters incident and related thereto. F.2 Consider the renewal of the Joint Administration Agreement for the Community Development Block Grant with Tarrant County for Fiscal Year 2018-2020. F.3 Consider Resolution No. 2017-022, and Authorize the City Manager to Execute Memoranda of Understanding with the City of Fort Worth and with the cities of Hurst, Bedford, Arlington, Fort Worth and Tarrant County for the FY 2015 and FY 2016 Byrne Justice Assistance Grant Formula Program Awards and Implementation. F.4 Consider Resolution No. 2017-025, 2017 Grant from the Office of the Governor to continue the North Texas Anti-Gang Center. F.5 Consider appointing a city council member as mayor pro tem. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER WRIGHT OUJESKY H.1 Announcements I. ADJOURNMENT Certification Monday, June 12, 2017 City Council Agenda Page 3 of 4 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, June 9, 2017 by 3:00 PM. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, June 12, 2017 City Council Agenda Page 4 of 4 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 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. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 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. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: Night of Holiday Magic Planning Efforts PRESENTER: Vickie Loftice, Managing Director Planning is underway for the Night of Holiday Magic. The event committee, comprised of staff from several departments, met several weeks ago to discuss planning for the event along with weather related issues. Given time and resources committed to the event, along with challenges of unpredictable weather, the committee is recommending changes to help mitigate total loss of the event in case of inclement weather. The recommended changes are outlined below: • The majority of event activities would take place along Hawk Ave, Grand Ave and the Library parking lot. In case of inclement weather many of the activities would be moved indoors to the Grand Hall, NRH Centre and Library. • The 42' Christmas tree would be placed over the 20' art sculpture at Stormy Plaza. The tree would be located in a park setting instead of a parking lot. The tree would be visible in the "entertainment district" with better photo opportunities for families and individuals taking Christmas family photos. • Children's holiday crafts, formally held in the large tent would take place in the Library. • Photos with Santa and Mrs. Claus would be held in the Library Community Room. • The lighting of street trees along Hawk Ave would continue with additional trees wrapped in Stormy Plaza and along Grand Ave. • The popular outdoor photo scenes would transition to sturdy outdoor materials that would remain set up through the month of December providing extended photo opportunities for families. • The food court and food court seating would primarily take place in the Library parking lot. • The mobile sound stage would be placed along Grand Ave near Stormy Plaza for entertainment and announcements. Additional entertainment would take place on the NRH Centre Plaza. • Parking would be negotiated with Health Markets with additional parking at the NRH Centre, Walker Creek Elementary School and NRH2O. MRH • The numerous Christmas thematic lights (angels, trumpets, candy canes, etc..) would be placed along Hawk Ave, the NRH Centre, Library and Stormy Plaza and will remain up for the month of December. • The fireworks display would be launched from the NRH2O parking lot or from another visible location. • Staff is recommending that the event be held on Friday night, December 2 from 6:00-9:00 p.m. as to not interrupt Saturday operations at the NRH Centre and the Library. Many cities have their Christmas tree lighting ceremonies on weeknights. • Run Run Rudolph would take place Saturday, December 3, 9:00 a.m. from the NRH Centre. Other Christmas Events in December— A Month of Christmas Magic In celebration of Christmas and the holiday season, the City has several events scheduled for December. This year all of the events will be packaged and marketed together as "A Month of Christmas Magic" or other name to be determined. A partial listing of the events include: Night of Holiday Magic, Run Run Rudolph 5K, Elves Workshop, Trim the Tree at the Library, Make it Merry, Holiday Movie on the Plaza, Breakfast with Santa, Toys for Tots, and two separate Christmas concerts at City Hall featuring Christmas choirs and other merriment. We look forward to continuing the cherished tradition of Night of Holiday Magic as well as adding Christmas choir concerts at City Hall. The changes will provide an extended holiday experience for the community and help protect against losses in the event of inclement weather. Staff is seeking feedback and input regarding recommended changes for Night of Holiday Magic including the date. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: Discuss rescheduling or canceling the October 9, 2017 City Council meeting. PRESENTER: Alicia Richardson, City Secretary GENERAL DESCRIPTION: This item is placed on the agenda to provide City Council the opportunity to discuss conflicting events with the October 9, 2017 City Council meeting. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: Northeast Tarrant Teen Court Scholarship Presentation PRESENTER: Bethany Grohman, Teen Court Advisory Board SUMMARY: The Northeast Tarrant Teen Court Board will be presenting the 2017 Teen Court Scholarship. GENERAL DESCRIPTION: On October 1, 2010 the North Richland Hills Teen Court merged with Teen Courts from Watauga and Haltom City to form the Northeast Tarrant Teen Court or NETTC. On October 1, 2013, Richland Hills joined our program making us a quad-city Teen Court. The Northeast Tarrant Teen Court Advisory Board, made up of representatives from all four cities, created a scholarship donation program to allow the public, as well as teens, to donate to the scholarship fund to be used to reward and show appreciation to graduating seniors who have been part of the volunteer teen court program. Scholarship applicants must meet strict criteria to be eligible for scholarship consideration, including: Years of volunteer service; applicant's submitted essay; high school transcripts; biography and a panel interview with the Teen Court Advisory Board. This year the Teen Court Advisory Board would like to award one scholarship totaling $4,000 to Brock Crymes, a graduating senior from Birdville High School. Brock began volunteering in our Teen Court in April, 2011. He has served as a Juror, Teen Attorney, Lead Attorney, Trainer and Mentor since his service began. He has also been Council Member Rodriguez's appointee to the Teen Court Advisory Board for the past two years in the student position. He is a remarkable volunteer, student, community member and leader. Brock has been accepted to Hult International Business School in London, England where he will begin classes this fall, majoring in business and political science. The Teen Court Board would like to thank the City Councils from all four cities for their continued support of our program, which allows students to serve their community while participating and learning more about the judicial system and how it affects each of us in our everyday lives. Teen Court Advisory Board member Bethany Grohman will be in attendance to present the scholarship to Brock Crymes. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12 2017 SUBJECT: Approve minutes of the regular May 15, 2017 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of the Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the regular May 15, 2017 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 MAY 15, 2017 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 15th day of May at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary Maleshia B. Farmer City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6:30 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. 3. YOUTH ADVISORY COMMITTEE'S 2017 PROJECT PRESENTATION. May 15, 2017 City Council Meeting Minutes Page 1 of 13 Assistant to the City Manager Kristin James introduced Tyler Barry who presented Council with the Youth Advisory Committee's project--mental health and our community. The committee believes mental health is an issue that affects the entire community and needs to be addressed at all levels. The consensus of the committee is to utilize resources (city and independent school district) to reduce the stigma and increase awareness by providing education, and creating a culture that is conducive to open discussion. This can be achieved by offering training opportunities to teachers during the summer months; student programs that address mental health (similar to "Shattered Dreams"); and education for parents to recognize the signs of mental health problems. City Council and members of the Youth Advisory Committee discussed existing opportunities to assist the Youth Advisory Committee in advancing their program. Council directed the Youth Advisory Committee to continue the project to the following year. EXECUTIVE SESSION Mayor Trevino announced at 6:23 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071: Confer with City Attorney to seek advice about pending or contemplated litigation - Eminent domain for the Davis/Mid-Cities Blvd intersection improvement project; and Section 551.072: deliberate the purchase, exchange, lease or value of real property - (1) 6609 Davis Boulevard, (2) 6617 Davis Boulevard, (3) 6701 Davis Boulevard, (4) 6801 Davis Boulevard, and (5) 6612 Snider Street. Executive Session began at 6:29 p.m. and concluded at 6:49 p.m. Mayor Trevino announced at 6:50 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 May 15, 2017 at 7:03 p.m. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 May 15, 2017 City Council Meeting Minutes Page 2 of 13 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. Farmer City Attorney A.1 INVOCATION Council member Lombard gave the invocation. A.2 PLEDGE Council member Lombard, with the assistance of members from Troop 434, led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 OATHS OF OFFICE AND SWEARING IN CEREMONY FOR CITY COUNCIL MEMBERS FOR PLACES 1, 3, 5 AND 7. The Oath of Office was administered to Council members Rodriguez, Lombard, Benton and Welch. Mayor Trevino recessed the meeting at 7:19 p.m. for a reception to honor the newly elected officials. Mayor Trevino reconvened the meeting at 7:38 p.m., with the same members present. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. 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 A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. May 15, 2017 City Council Meeting Minutes Page 3 of 13 B.1 APPROVE MINUTES OF THE REGULAR MAY 8, 2017 CITY COUNCIL MEETING. B.2 CONSIDER ORDINANCE NO. 3464, ABANDONING A PUBLIC DRAINAGE EASEMENT IN THE NORTH PARK PLAZA ADDITION GENERALLY LOCATED AT THE NORTHEAST CORNER OF RUFE SNOW DRIVE AND MID-CITIES BLVD. B.3 APPROVE RESOLUTION NO. 2017-024, UPDATING AUTHORIZED INVESTMENT OFFICERS FOR THE CITY OF NORTH RICHLAND HILLS. C. PUBLIC HEARINGS CA ZC 2017-03, ORDINANCE NO. 3462, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SAFEWAY CONSULTING AND CONTRACTING, LLC FOR A ZONING CHANGE FROM AG AGRICULTURE AND R-1-S SPECIAL SINGLE FAMILY TO R-2 SINGLE FAMILY ON 2.707 ACRES LOCATED AT 8600 CLAY HIBBINS ROAD AND PORTIONS OF 8517 AND 8459 SHADY GROVE ROAD. Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce items D.1 and D.2. Mr. Comstock informed Council the applicant is requesting a zoning change for 2.707 acres located at 8600 Clay Hibbins Road and portions of 8517 and 8459 Shady Grove Road for the purpose of incorporating the property into the Fresh Meadows Estates subdivision. The area is designated on the Comprehensive Land Use Plan as low density residential and the current zoning is agricultural and R-1-S special single family. Mr. Comstock presented site photos of the property. Due to the repesentative from Safeway Consulting and Contracting, LLC. not being present, Mayor Trevino informed Council they would continue with the meeting. C.2 ZC 2017-051ORDINANCE NO. 3463, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TAK ENTERPRISES FOR A ZONING CHANGE FROM AG AGRICULTURAL TO 0-1 OFFICE ON 2.528 ACRES LOCATED AT 7629 PRECINCT LINE ROAD. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Mr. Comstock informed Council the applicant is requesting a zoning change for 2.528 May 15, 2017 City Council Meeting Minutes Page 4 of 13 acres located at 7629 Precinct Line Road for the purpose of constructing professional offices. The area is designated on the Comprehensive Land Use Plan as neighborhood services and the current zoning is agricultural. Mr. Comstock presented site photos of the property. Applicant representative Terry Cunningham with TRC Architects located at 3604 South Cooper, Arlington presented request and was available to answer questions from Council. Mr. Cunningham informed Council they do not have a firm site plan, but they have shared concept plans with staff. It is their intent to construct a multi-office building development. Mr. Comstock presented staffs report. As stated by the applicant, there is no site plan for the project. This is preliminary work and the applicant will come back to Council for consideration to plat the property. The Planning and Zoning Commission, at their May 4, 2017 meeting, recommended approval with a vote of 7-0. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY MAYOR PRO TEM WELCH, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVED. APPROVE ORDINANCE NO. 3463. MOTION TO APPROVE CARRIED 7-0. C.1 ZC 2017-03, ORDINANCE NO. 3462, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SAFEWAY CONSULTING AND CONTRACTING, LLC FOR A ZONING CHANGE FROM AG AGRICULTURE AND R-1-S SPECIAL SINGLE FAMILY TO R-2 SINGLE FAMILY ON 2.707 ACRES LOCATED AT 8600 CLAY HIBBINS ROAD AND PORTIONS OF 8517 AND 8459 SHADY GROVE ROAD. APPROVED Mayor Trevino informed Council the applicant is present for item C.1. The public hearing is still open and the item was previously introduced by staff. Applicant representative Osama Nashed, ANA Consultants, located at 5000 Thompson Terrace, Colleyville presented item. In response to Council's direction in 2015 to bring forward a comprehensive project, the developer purchased adjacent property to incorporate into the existing subdivision. Council had no questions for the applicant. Mr. Comstock presented staff's report. The original request that came forward to Council May 15, 2017 City Council Meeting Minutes Page 5 of 13 for consideration included 35 lots. Council discussed that it would be ideal if the developer had additional land to incorporate into the subdivision. In April 2016, a zoning change was approved to include 2.6 acres (11 residential lots) to the subdivision. The developer has since purchased additional land (2.707 acres) and if approved would add eight (8) lots to the subdivision to bring the Fresh Meadows Estates subdivision to a total of 54 lots on 16.152 acres, which is equivalent to a density of 3.34 dwelling units per acre. The Planning and Zoning Commission, at their May 4, 2017 meeting, recommended approval with a vote of 7-0. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3462. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT D.1 AP 2017-01 CONSIDERATION OF A REQUEST FROM TODD DUNCAN FOR AN AMENDED PLAT OF LOT 10R, BLOCK 1, MOLLIE B. COLLINS ADDITION ON 0.321 ACRES LOCATED AT 6901 SMITHFIELD ROAD. APPROVED Planning Manager Clayton Comstock informed Council the applicant is requesting approval for an amended plat of 0.321 acres located at 6901 Smithfield Road (corner of Smithfield and Odell Street) to revise the front building lines. The area is designated on the Comprehensive Land Use Plan as low density residential and the current zoning is R-2 single-family residential. Mr. Comstock presented site photos of the property. Applicant representative Todd Duncan was not present when item was considered by Council. Mayor Trevino asked Council if they would be opposed to amending the rules of procedure to consider item without a presentation from the applicant. There was no opposition from Council. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE AP 2017-01. MOTION TO APPROVE CARRIED 7-0. May 15, 2017 City Council Meeting Minutes Page 6 of 13 D.2 FP 2017-03 CONSIDERATION OF A REQUEST FROM SAFEWAY CONSULTING AND CONTRACTING, LLC FOR A FINAL PLAT OF FRESH MEADOWS ESTATES ON 16.152 ACRES LOCATED IN THE 8400 AND 8500 BLOCKS OF SHADY GROVE ROAD AND 8600 BLOCK OF CLAY HIBBINS ROAD. APPROVED City Council received the presentation from staff in conjunction with item C.1. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE FP 2017-03. MOTION TO APPROVE CARRIED 7-0. D.3 FP 2016-14 CONSIDERATION OF A REQUEST FROM ZEON PROPERTIES LLC FOR A FINAL PLAT OF ST JOSEPH ESTATES ON 11.223 ACRES LOCATED IN THE 7500 BLOCK OF DAVIS BOULEVARD. APPROVED Planning Manager Clayton Comstock informed Council the applicant is requesting approval for a final plat on 11.223 acres located on the east side of Davis Boulevard between Rumfield Road and Freedom Way. The area is designated on the Comprehensive Land Use Plan as office and the current zoning is RI-PD, residential infill planned development. Mr. Comstock presented site photos of the property. Applicant representative Obama Nashed, ANA Consultants, located at 5000 Thompson Terrace, Colleyville presented request and was available to answer questions. Mr. Comstock presented staffs report. The request before Council this evening is to consider the final plat for St. Joseph Estates. The proposed final plat is consistent with the preliminary plat and meets the requirements of the zoning ordinance and subdivision regulations. The final plat includes 25 single-family residential lots, two non-residential lots, and one open space lot, which comply with the residential infill planned development district standards. The Planning and Zoning Commission, at their May 4 ,2017 meeting, recommended approval with a vote of 7-0. A MOTION WAS MADE BY COUNCIL MEMBER BARTH, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE FP 2016-14. MOTION TO APPROVE CARRIED 7-0. May 15, 2017 City Council Meeting Minutes Page 7 of 13 E. PUBLIC WORKS E.1 CONSIDER AWARDING PROJECT RFB NO. 17-015 TO JLB CONTRACTING, LLC FOR THE CONSTRUCTION OF THE MEADOW LAKES EXTENSION PROJECT (PW1602) IN THE AMOUNT OF $295,505.83. APPROVED City Engineer Caroline Waggoner informed Council the purpose of the request is to award a construction contract to JLB Contracting, LLC for construction of the Meadow Lakes extension project. If approved the project will create a fourth leg at the Rufe Snow / Meadow Lakes intersection, which will provide a signalized connection for area residents to the commercial area along Northeast Loop 820. The construction is anticipated to begin by early summer and the project will take approximately four months to complete. Council had no questions for staff. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO AWARD BID NO. 17-015 TO JLB CONTRACTING, LLC IN THE AMOUNT OF $295,505.83. MOTION TO APPROVE CARRIED 7-0. E.2 CONSIDERATION OF THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY FOR A PUBLIC USE, SUCH BEING A RIGHT OF WAY FOR WIDENING OF THE DAVIS/MID-CITIES BOULEVARD INTERSECTION - RESOLUTION NO. 2017-026. APPROVED Managing Director Mike Curtis presented request. The purpose of the request is to authorize eminent domain for the acquisition of one parcel for public use to widen the Davis Boulevard / Mid Cities Boulevard intersection. The project calls for additional left turn lanes located on Davis Boulevard. The required right-of-way is a strip of land located along Mid Cities Boulevard frontage and does not involve any commercial structures on the property. The property owner of the parcel requests the city go through the eminent domain process, because the number of parties involved that are associated with the property. Mr. Curtis informed Council that staff will continue to work with the property owner. Staff recommends approval of Resolution No. 2017-026. May 15, 2017 City Council Meeting Minutes Page 8 of 13 A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARTH TO APPROVE RESOLUTION NO. 2017-026 AND AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE FOR PUBLIC ROADWAY PURPOSES, A PUBLIC USE, PROPERTY KNOWN AS DESCRIBED AS FOLLOWS: (1) THENCE SOUTH ZERO (0) DEGREES 22 MINUTES 37 SECONDS EAST 12.05 FEET, ALONG THE EAST BOUNDARY LINE OF SAID LOT 1, BLOCK 1, E- SYSTEMS ADDITION, AND THE WEST BOUNDARY LINE OF SAID LOT 1, BLOCK 1, PAVILION PARK, TO A PK NAIL FOUND AT THE SOUTHEAST COMER OF AFORESAID LOT 1, BLOCK 1, E-SYSTEMS ADDITION, LYING IN THE EXISTING NORTH RIGHT-OF-WAY LINE OF MID-CITIES BLVD., BEING LOCATED AT RIGHT ANGLES TO AND 60.00 FEET NORTH OF HIGHWAY CENTERLINE STATION 92+65.43; (2) THENCE SOUTHWESTERLY 146.60 FEET, ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 1, BLOCK 1, AND THE EXISTING NORTH RIGHT-OF-WAY LINE OF MID-CITIES BLVD. WITH A CURVE TO THE LEFT HAVING A RADIUS OF 2924.78 FEET, A CENTRAL ANGLE OF 2 DEGREES, 52 MINUTES, 18 SECONDS, AND A CHORD BEARING SOUTH 89 DEGREES, 44 MINUTES, 23 SECONDS WEST 146.58 FEET, TO AN "X" CUT IN CONCRETE FOUND AT THE MOST SOUTHERLY SOUTHWEST CORNER OF AFORESAID LOT 1, BLOCK 1, BEING LOCATED AT RIGHT ANGLES TO AND 60.00 FEET NORTH OF HIGHWAY CENTERLINE STATION 91+21.85; (3) THENCE NORTH 38 DEGREES, 19 MINUTES, 43 SECONDS WEST 17.11 FEET, ALONG THE SOUTHWEST BOUNDARY LINE OF SAID LOT 1, BLOCK 1, AND THE NORTH RIGHT-OF-WAY LINE OF MID-CITIES BLVD., TO A %" IRON ROD MARKED "BRITTAIN & CRAWFORD" SET, IN THE NEW NORTH RIGHT-OF-WAY LINE OF MID-CITIES BLVD., BEING LOCATED AT RIGHT ANGLES TO AND 73.75 FEET NORTH OF HIGHWAY CENTERLINE STATION 91 + 11.89; (4) THENCE SOUTHEASTERLY 14.37 FEET, ALONG THE NEW NORTH RIGHT-OF-WAY LINE OF MID-CITIES BLVD. WITH A CURVE TO THE LEFT HAVING A RADIUS OF 85.00 FEET, A CENTRAL ANGLE OF 09 DEGREES, 41 MINUTES, 13 SECONDS, AND A CHORD BEARING SOUTH 86G 46 MINUTES, 22 SECONDS, EAST 14.35 FEET, TO A %" IRON ROD MARKED "BRITTAIN & CRAWFORD" SET, AT THE END OF SAID CURVE AND THE BEGINNING OF ANOTHER CURVE TO THE RIGHT, BEING LOCATED AT RIGHT ANGLE TO AND 72.50 FEET NORTH OF HIGHWAY CENTERLINE STATION 91+25.84; May 15, 2017 City Council Meeting Minutes Page 9 of 13 (5) THENCE NORTHEASTERLY 118.92 FEET, ALONG THE NEW NORTH (CHECK) RIGHT-OF-WAY LINE OF MID-CITIES BLVD. WITH SAID CURVE TO THE RIGHT HAVING A RADIUS OF 2937.28 FEET, A CENTRAL ANGLE OF 02 DEGREES 19 MINUTES, 11 SECONDS, AND A CHORD BEARING NORTH 89 DEGREES, 32 MINUTES, 365ECONDS EAST 118.91 FEET, TO A %" IRON ROD MARKED "BRITTAIN & CRAWFORD" SET, AT THE END OF SAID CURVE TO THE RIGHT AND THE BEGINNING OF ANOTHER CURVE TO THE RIGHT, BEING LOCATED AT RIGHT ANGLES TO AND 72.50 FEET NORTH OF HIGHWAY CENTERLINE STATION 92+41.82; (6) THENCE SOUTHEASTERLY 23.89 FEET, CONTINUING ALONG THE NEW NORTH RIGHT-OF-WAY LINE OF MID-CITIES BLVD., WITH SAID CURVE TO THE RIGHT HAVING A RADIUS OF 515.00 FEET, A CENTRAL ANGLE OF 02 DEGREES, 39 MINUTES, 28 SECONDS, AND A CHORD BEARING SOUTH 87 DEGREES, 58 MINUTES, 04FL EAST 23.89 FEET, TO THE POINT OF BEGINNING CONTAINING 0.0435 ACRE (1,894 SQUARE FEET) OF LAND. MAYOR PRO TEM HAD TWO CORRECTIONS TO THE DESCRIPTION OUTLINED IN THE MOTION AS FOLLOWS: (4) THENCE SOUTHEASTERLY 14.37 FEET, ALONG THE NEW NORTH RIGHT-OF-WAY LINE OF MID-CITIES BLVD. WITH A CURVE TO THE LEFT HAVING A RADIUS OF 85.00 FEET, A CENTRAL ANGLE OF 09 DEGREES, 41 MINUTES, 13 SECONDS, AND A CHORD BEARING SOUTH 86 DEGREES, 46 MINUTES, 22 SECONDS, EAST 14.35 FEET, TO A W' IRON ROD MARKED "BRITTAIN & CRAWFORD" SET, AT THE END OF SAID CURVE AND THE BEGINNING OF ANOTHER CURVE TO THE RIGHT, BEING LOCATED AT RIGHT ANGLE TO AND 72.50 FEET NORTH OF HIGHWAY CENTERLINE STATION 91+25.84; AND (6) THENCE SOUTHEASTERLY 23.89 FEET, CONTINUING ALONG THE NEW NORTH RIGHT-OF-WAY LINE OF MID-CITIES BLVD., WITH SAID CURVE TO THE RIGHT HAVING A RADIUS OF 515.00 FEET, A CENTRAL ANGLE OF 02 DEGREES, 39 MINUTES, 28 SECONDS, AND A CHORD BEARING SOUTH 87 DEGREES, 58 MINUTES, 04 SECONDS EAST 23.89 FEET, TO THE POINT OF BEGINNING CONTAINING 0.0435 ACRE (1,894 SQUARE FEET) OF LAND. COUNCIL MEMBER LOMBARD ACCEPTED THE CORRECTIONS. May 15, 2017 City Council Meeting Minutes Page 10 of 13 MOTION TO APPROVE CARRIED 7-0. E.3 APPROVE PAYMENT TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CITY'S PARTICIPATION IN THE DAVIS/MID-CITIES INTERSECTION IMPROVEMENT PROJECT IN THE AMOUNT OF $1,418,274.00. APPROVED Managing Director Mike Curtis presented item. The purpose of the item is to approve payment to the Texas Department of Transportation for the city's participation in the Davis Boulevard / Mid-Cities Boulevard intersection improvement project. The City Council, at their April 14, 2014 meeting, approved a revised local transportation project advanced funding agreement (LPAFA) for the project. The city's share is $1,418,274 is required to be paid prior to bidding the project. Council had no questions for staff. A MOTION WAS MADE BY MAYOR PRO TEM WELCH, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE PAYMENT TO TXDOT IN THE AMOUNT OF $1,418,274.00. MOTION TO APPROVE CARRIED 7-0. F. GENERAL ITEMS F.1 YOUTH ADVISORY COMMITTEE'S 2017 END OF YEAR REPORT. Assistant City Manager Kristin James introduced item and Youth Advisory Committee Chair Tyler Barry presented the year end report. The Youth Advisory Committee ended the year with 16 regular members, with four members graduating this May. Those graduating are: Tyler Barry (Richland High School), Brock Crymes (Birdville High School), Hunter Mendiola (Birdville High School), and Tiana Whitmore (Richland High School). The committee has been involved in multiple service projects throughout the year. The upcoming spring service project will include the committee hosting a social media workshop at the Senior Center on May 16. The committee is in the process of recruiting new members and will bring forward recommendations for the 2017-2018 academic year within a couple of months. May 15, 2017 City Council Meeting Minutes Page 11 of 13 A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE THE YOUTH ADVISORY COMMITTEE'S 2017 END OF YEAR REPORT. 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 no action is necessary as the result of discussion in executive session. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Barth made the following announcements. City Hall and other non-emergency City offices will be closed on Monday, May 29 for the Memorial Day holiday. The NRH Centre, Iron Horse Golf Course and NRH2O Family Water Park will be open on Memorial Day. Garbage and recycling will be collected as normal. The adoption fee for cats over 6 months old is only $25.00 during the month of May at the NRH Animal Adoption & Rescue Center. Visit the center at 7301 Iron Horse Boulevard or visit their webpage to see cats that are currently available for adoption. Summertime is nearly here and so are the mosquitoes. Make sure you're protected by using insect repellent whenever you spend time outdoors and by eliminating standing water where mosquitoes breed around your home. You can find more information on the city's website. Kudos Korner - Randy Vastine, Corey Bain, and Robert Schenk in the Public Works Department - A resident expressed appreciation for the crew making improvements to Willowcrest Drive. She said they took time to explain their work to her daughter, whom she homeschools. She appreciated their thoughtfulness and willingness to educate young residents about city services. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:27 p.m. May 15, 2017 City Council Meeting Minutes Page 12 of 13 Oscar Trevino, Mayor Alicia Richardson, City Secretary May 15, 2017 City Council Meeting Minutes Page 13 of 13 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: ZC 2017-06, Ordinance No. 3466, Public Hearing and consideration of a request from Spry Surveyors for a zoning change from AG Agricultural to R-1 Single Family Residential on 1.028 acres located at 6905 and 6909 Crane Road. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of Grant Lochridge, Spry Surveyors is requesting a zoning change from AG Agricultural to R-1 Single Family Residential on 1.028 acres located at 6905 and 6909 Crane Road. GENERAL DESCRIPTION: The applicant is requesting a zoning change to R-1 Single Family Residential with the intent to replat the property and construct a single-family residence on the northern lot. An existing residence is located on the southern lot. The property is located on the west side of Crane Road south of Wind River Drive. An unimproved portion of right-of-way for Walter Road stubs into the rear of the southern lot. The proposed zoning change is consistent with the recommendations and policies of the Comprehensive Plan. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. CURRENT ZONING: The property is currently zoned AG Agricultural. PROPOSED ZONING: The proposed zoning is R-1 Single Family Residential. This district is intended to provide areas for very low-density development of single-family detached dwelling units that are constructed at an approximate density of 2.9 units per acre. Since the property was originally platted prior to 1998, the R-1 district provides for a minimum dwelling unit size of 2,000 square feet on the vacant lot. In addition, a front- entry garage facing Crane Road would be permitted. fgftH NOKTH KICHL,AND HILLS SURROUNDING ZONING I LAND USE: North: AG Agricultural Low Density Residential West: AG Agricultural and R-1 Single Family Residential I Low Density Residential South: AG Agricultural Low Density Residential East: R-1 Single Family Residential and R-2 Single Family Residential I Low Density Residential PLAT STATUS: The property is currently platted as Lots 3 and 4, Dawn-King Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the May 18, 2017, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3466. HO UN39 SOZVaa 0 d' W O W a. O O Z = 3 0 J 3 as 3NVa3 1S d31lVM -✓ / VV II II l% rl/ / � / i - 7�r � o � � � �p i 4u4uull1111�ouV' iOul, �V"!'u III III � � n�,ll�i�uuuuui��lqu �III U u" VII ( �r I i �I m e, oiiri� I� I i S I� Sri r,� 0 N A 1�IRH RP 2017-05 6905 & 6905 Crane Road Dawn-King Addition, Lot 3 Feet Prepared by Planning 4120/2017 0 50 100 200 300 400 `CHL,q o NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS 9��j ::' PLANNING AND ZONING COMMISSION rEx AND CITY COUNCIL Case Number: ZC 2017-06 Applicant: Spry Surveyors Location: 6905 & 6909 Crane Road You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: Public hearing and consideration of a request from Spry Surveyors for a Zoning Change from AG Agriculture to R-1 Single-Family on 1.028 acres located at 6905 & 6909 Crane Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 18, 2017 CITY COUNCIL 7:00 PM MONDAY, JUNE 12, 2017 Both Meeting Locations: CITY COUNCIL CHAMBERS 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department- City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 70 r0 Wild Horse Drive L a) m Wind River Drive 0 a) c c� L U Walter Road N A IgRH C 2017-06 6905 & 6905 Crane Road Dawn-King Addition, Lot 3 Feet Prepared by Planning 512/2017 0 50 100 200 300 400 Name Attention Address City,State Zip BIRDVILLE INDEPENDENT SCHOOL DISCTRICT ATTN:MIKE SEALE 6125 EAST BELKNAP HALTOM CITY,TEXAS 76117 BUI,JAMES 4004 MOCKINGBIRD LN COLLEYVILLE,TX 76034-3837 CRITES,JOSEPH C 2740 COMANCHE MOON DR FORT WORTH,TX 76179-5543 LOCHRIDGE,GRANT 6905 CRANE RD NORTH RICHLAND HILLS,TX 76182-4308 LOIBL,BENJAMIN 8908 KIRK LN NORTH RICHLAND HILLS,TX 76182-7508 PHOENIX,SHARON BEERS 6901 CRANE RD NORTH RICHLAND HILLS,TX 76182-4308 SILVIA,JENNIFER 6913 CRANE RD NORTH RICHLAND HILLS,TX 76182 ORDINANCE NO. 3466 ZONING CASE ZC 2017-06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING 1.028 ACRES OF PROPERTY LOCATED AT 6905 AND 6909 CRANE ROAD FROM AG (AGRICULTURAL) TO R-1 (SINGLE FAMILY RESIDENTIAL); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 1.028 acres of land located at 6905 and 6909 Crane Road (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R-1 (Single Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on May 18, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 12, 2017, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Ordinance No. 3466 ZC 2017-06 Page 1 of 4 Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from AG (Agricultural) to R-1 (Single Family Residential) 1.028 acres of property described as Lots 3 and 4, Dawn- King Addition, commonly referred to as 6905 and 6909 Crane Road, as described on Exhibit "A,° attached hereto and incorporated for all purposes. Section 2: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved R-1 (Single Family Residential) zoning, as set forth above. Section 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, Ordinance No. 3466 ZC 2017-06 Page 2 of 4 clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 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 governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 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 immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 12th day of June, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Ordinance No. 3466 ZC 2017-06 Page 3 of 4 Approved as to form and legality: Maleshia Farmer, City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance No. 3466 ZC 2017-06 Page 4 of 4 Exhibit A — Legal Description - Ordinance No. 3466 - Page 1 of 1 E 5 R E V I A T 1 0 N,,,,,,` To FOUND (GM) ..... PUN IF RECORD, OF TARRANT _>u' LOT 5 VOL, COUNTY, TLxms 5� I( C DAWN KING ADDITION L 0 O CD OO VOL I 388 -M, PAGF. '105 Pc PnGL ED F V s a° I,F w/ cn (;. ) N 8925'D3F7,E(E,T2o5.00' uFNCFfAS MONUMENT /� uclk ;hW IRONITIM ONUNwnv oNl'x IMLN1' 'JOHN MICHEAL 'S1EFF" C M v x' c rT V U FOUND (C. ) B L. BUILDING LINL F a°rNb"fiV 20.L0, 0 d IL L. DRAINAGE & U TIT TY LA9LMLN f P�1/2" [RE I CONC, C'.ONCPLI'L LFGFNE 4 L1./ W FUTURE O BouNOnkv CORNER o ro DAWN KING AUDIHION LOT 4R I SOL_ OF8 -M, PAGE 10b 19,125 SQ. FT. DJ E"1.5'¢.T.G.F. 0.4390 ACRE PE «I U i Ell <V H VOL 088 M Pr 105 LL O RRiI i 15' DRAINAGE EASEMENT c Lt] U �J.d . ._�0 6 r(DCDIOATF.O BY FUTURC PI Al) .4— n Or w J ° _ 1 �, _ OAF LINE lr ..,.., VNC1l0 ED LOP M16 IF UJ nJ CL 'u Nfild J/ t e E It 3 s nxlsr Nr rm I'll W Cc j I ..__. 1 STORY w WOOD BUILDING 5 RESERVED / (n ' F(IR TIPPET �/ ( 2 15' DRAINAGE EASEMENT 6907 CRANIf, ROAD VOI N& M FIG ip,y p n /(DEDICATED BY FUTURE PLAT) F RE'T - �a z + ; FUTURE I EOkWIT ArF.)1 ION LOT 3R g u 'All— 1588 M, PAGE. (clan 25,641 SQ. FT. a F:I.R.LC.1. 0.5886 ACRE a G WATER ROAD (CALLED 60'F.O.W) 15.0' UTILITY EASEMENT '(DEDICATED BY FUTURE PLAT) 112" IRF(BBNT) BEARS N 1227 W—0.311 S 89 25'37" W 223.75' (CAliFIE EAST 22500') w w1 LOT 2 AtPARFNr WEST R 0 W w CJ.y. UNIT OF CRANE ROAD .I L��IN rt I DAWN-KING ADDITION DI TION AF odouprNpria FS rI VOL. ,88 M, PAOF 105 P F T.C_I, m°cv at M_ to IS Gra2hiC Scale in Feet 0 50' 100' SCALE: 1" 50' NOTES ZONING EXHIBIT 1- Thin 5ufvey Iu Ic red without the benefit of a carrent titre, report end Is satrlect to reoPon G ':pt tt t S y, r I Jr Additional roca vi for posPble a,ramend r,cV,UanV or covenants which may Effect tli,- property. 6905 CRANE ROAD fr she All bearing„ shown hr,rean are based an the west riVol p,—way Linn are 10 ,pad At LOTS 3 & 4 DAWN KING ADDITION shown on the Flat of Uarean ar flailed l rthe wa in Volume 358—M. Fags 105, in the , PubF. Reveres of Torrort Leto Texas unreee 5th .,e nole.S. IN 1'HF 1 MARTIN $IJfiVEY A 1055 rtr 3. According to the FIOOJ Insurance Rate Map No, 48439CO205 Y., pabllshed by the Cull' OF NOfiTH f21CH ANI HIL..L.S, AfifiANT COUNIY, }'X A$ E Ferficrirf Ennergency Management Agency, d f I: FALL. be, 25, 2001 th. .urveyed P ,,rty she 1,reon date of IJ4 within any .'µ cm fond 1 and area -ni I ued by the 100-,,ar ISSUE DATE. 04/'24/2017 SCALE. 1" - 50' PROJECT NO.: 034-211-E0 IT ood. t 11 the data t file y tt mu p p ty .re e SPRY SURVEYORS (Agr It I) according t the City I North Richfield Hills "ng d mps Reler E to a i oc far n n and r,axrm rb..f ref t rnir I'..nitlt ....0 d f zoning al q 4uesl. Ti SO 1 8241 Mid-Clues' Blvd I SNTe 102 -North Richland Hills, TX 76182 PH 817.776,4049 - s'pryAotpr'surveyor's.Tom - www.sprysurveyors.carn Firm R'BO_ Or, 10112000 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE MAY 18, 2017 C.1. ZC 2017-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SPRY SURVEYORS FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-1 SINGLE FAMILY RESIDENTIAL ON 1.028 ACRES LOCATED AT 6905 AND 6909 CRANE ROAD. APPROVED Chairman Randall Shiflet introduced the item and called for Principal Planner Clayton Husband to provide the staff introduction. This item was presented in conjunction with D.1. RP 2017-05. Mr. Husband presented the staff introduction. Chairman Shiflet called for the applicant to present the request. David Lewis, 408 Quail Crest Drive, Colleyville, Texas 76021, presented the zoning change and replat request. Chairman Shiflet asked the applicant if the accessory structure in the middle of the property interferes with the proposed lot line. The applicant stated the structure was removed from the property. Chairman Shiflet called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Chairman Shiflet opened the public hearing and asked for anyone wishing to speak for or against the request to come forward, seeing no one, he closed the public hearing. A MOTION WAS MADE BY COMMISSIONER BOWEN, SECONDED BY COMMISSIONER TYNER TO APPROVE ZC 2017-06. MOTION TO APPROVE CARRIED 7-0. May 18, 2017 Planning and Zoning Commission Meeting Minutes Page 1 of 1 fgftH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: RP 2017-05 Public Hearing and consideration of a request from Spry Surveyors for a Replat of Lots 3R and 4R, Dawn-King Addition on 1.028 acres located at 6905 and 6909 Crane Road. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of Grant Lochridge, Spry Surveyors is requesting approval of a replat of Lots 3R and 4R, Dawn-King Addition. The purpose of the replat is to relocate the common property line. The plat is complete and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The original plat for Dawn-King Addition was recorded in 1957. The plat created six residential lots, including Lots 3 and 4. The proposed replat would revise the common lot line between the two lots by moving the lot line 15 feet to the north. The property is proposed to be rezoned from AG Agricultural to R-1 Single-Family Residential. If the zoning change were approved, the lots would satisfy the R-1 district standards. The table below summarizes the lot standards. Lot size: 13,000 3,000 sf SF 25,294 � .... ...., .... ...., .... 18,827 sf Lot width: 85 feet 114 ft 85 ft Lot depth: 120 feet 223 ft 225 ft Front building line: 25 feet 25 ft 25 ft As required by Section 212.015 of the Texas Local Government Code and Section 110- 219 of the subdivision regulations, this replat requires a public hearing when the plat is considered the City Council. Since the property is zoned for single-family residential uses, the public hearing included notification of all property owners within 200 feet of the lot boundary that are within the Dawn-King Addition. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. ?g1kH NORTH KICHL,AND HILLS CURRENT ZONING: The property is currently zoned AG Agricultural. PROPOSED ZONING: A proposed zoning application to R-1 Single Family Residential is a related item on the June 12, 2017, agenda. The R-1district is intended to provide areas for very low-density development of single-family detached dwelling units that are constructed at an approximate density of 2.9 units per acre. Since the property was originally platted prior to 1998, the R-1 district provides for a minimum dwelling unit size of 2,000 square feet on the vacant lot. In addition, a front- entry garage facing Crane Road would be permitted. SURROUNDING ZONING I LAND USE: North: AG Agricultural Low Density Residential West: AG Agricultural and R-1 Single Family Residential I Low Density Residential South: AG Agricultural Low Density Residential East: R-1 Single Family Residential and R-2 Single Family Residential I Low Density Residential PLAT STATUS: The property is currently platted as Lots 3 and 4, Dawn-King Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this request at the May 18, 2017, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve RP 2017-05. HO UN39 SOZVaa 0 d' W O W a. O O Z = 3 0 J 3 as 3NVa3 1S d31lVM -✓ / VV II II l% rl/ / � / i - 7�r � o � � � �p i 4u4uull1111�ouV' iOul, �V"!'u III III � � n�,ll�i�uuuuui��lqu �III U u" VII ( �r I i �I m e, oiiri� I� I i S I� Sri r,� 0 N A 1�IRH RP 2017-05 6905 & 6905 Crane Road Dawn-King Addition, Lot 3 Feet Prepared by Planning 4120/2017 0 50 100 200 300 400 k4RH PUBLIC HEARING NOTICE rrcATH KICF-ILAN D FALLS CASE: RP 2017-05 NAME ADDRESS CITY, STATE ZIP You are receiving this notice because you are a property owner of record in the same original subdivision and within 200 feet of the property shown on the attached map as the Replat request. APPLICANT Spry Surveyors LOCATION 6905 & 6909 Crane Road REQUEST Public hearing and consideration of a request from Spry Surveyors for a Replat of Dawn-King Addition, Lots 3 & 4 on 1.028 acres located at 6905 & 6909 Crane Road. DESCRIPTION The purpose of this request is to shift the common lot line between the two lots north to allow new home construction on Lot 4R (6909 Crane Road). PUBLIC HEARING DATE City Council 7:00 PM Monday, June 12, 2017 MEETING LOCATION City Council Chambers - Third Floor 4301 City Point Drive North Richland Hills, Texas Texas Local Government Code Section 212.015:Additional Requirements for Certain Replats If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing. Planning & Zoning Department 1 4301 City Point Drive - NRH 76180 817-427-6300 1 www.nrhtx.corn I planning @nrhtx.com People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Ivil ;ON yO�OR P� WILD HORSE DR C+ I o I J+J w WIND RIVER DR z a MN �y m a N AFl��Feet Prepared by Planning 5/15/2017 0 50 100 200 300 400 DA—KING CADDDIN IAIE 388-D DADE n s VOL 3B KIN'ADETTIN I ELI.I I. °b o.% s INI—I '.. ° 11'I Ji OT 4R ' 1 11111` zIII I� T. r° °•.,.. IN $ ..s „.uA. ,.. - Ps ND IT -- � ED T- J LOT 3P 21 wauere xoao i ii +-----—————————— — L—— 10 �. ss L 11 PIE TI T w a.e.Tnn � Y III NII PIT 11 s _ g Name Attention Address City,State Zip BIRDVILLE INDEPENDENT SCHOOL DISCTRICT ATTN:MIKE SEALE 6125 EAST BELKNAP HALTOM CITY,TEXAS 76117 BUI,JAMES 4004 MOCKINGBIRD LN COLLEYVILLE,TX 76034-3837 CRITES,JOSEPH C 2740 COMANCHE MOON DR FORT WORTH,TX 76179-5543 LOCHRIDGE,GRANT 6905 CRANE RD NORTH RICHLAND HILLS,TX 76182-4308 LOIBL,BENJAMIN 8908 KIRK LN NORTH RICHLAND HILLS,TX 76182-7508 PHOENIX,SHARON BEERS 6901 CRANE RD NORTH RICHLAND HILLS,TX 76182-4308 SILVIA,JENNIFER 6913 CRANE RD NORTH RICHLAND HILLS,TX 76182 w Q g 69 Nit QQ g i su Bye k& Fi xF� � R ply r,1 .1 0 p �YIs Sol, $In at s�ase xi dap e�a�2 R �$. Z � � er 0 H� 1 N o i l I uq � i$ � d d fly(. p 9xx p m � Ytix,� @ g � ° Ell sNh x Oki �pg , � w $tt9 " s S h gg P"➢$ BY � q5a ? u lisp p $� g$yp� S�g�a➢q&h y'r �' @ fi Sn .:rte T $p W R'�SMN 9M} '1' A ( '6y KYp A �o 11 q} Jn ytR c ' R VA $EyyyYYY i�' pN 1 Y Yd Y A Y� g � t 4 pill fit•. ,Q M gip. J S 4 5qq5 �y % G YYY� i tltl'��b Xy99y YI Yy . L P x�SM F k� a1 w<Y MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE MAY 18, 2017 D.1. RP 2017-05 CONSIDERATION OF A REQUEST FROM SPRY SURVEYORS FOR A REPLAT OF LOTS 311 AND 4R, DAWN-KING ADDITION ON 1.028 ACRES LOCATED AT 6905 AND 6909 CRANE ROAD. APPROVED This item was presented in conjunction with C.1. ZC 2017-06. A MOTION WAS MADE BY COMMISSIONER COOPER, SECONDED BY COMMISSIONER LUPPY TO APPROVE RP 2017-OS. MOTION TO APPROVE CARRIED 7-0. May 18, 2017 Planning and Zoning Commission Meeting Minutes Page 1 of 1 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: AP 2017-02 Consideration of a request from Spry Surveyors for an Amended Plat of Lots 9R through 12R, Block 2, Briar Pointe Villas Addition on 0.302 acres located on Briar Pointe Drive. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of ARAF Inc., Spry Surveyors is requesting approval of an amended plat of Lots 9R through 12R, Block 2, Briar Pointe Villas Addition in order to correct the lot depth dimensions. The lots are located on the east side of Briar Pointe Drive, south of Amundson Drive, and adjacent to Dick Faram Park. The proposed amended plat meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The amended plat would correct the dimensions for the depths of four lots. When the subdivision was recorded in 2014, the depths of the lots were shown incorrectly on the drawing. The plat does not increase the number of lots or alter or remove any recorded covenants or restrictions, if any, on the property. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Transit Oriented Development." The purpose of the Transit Oriented Development Code is to support the development of the community's station areas into pedestrian-oriented, mixed-use urban neighborhoods, with convenient access to rail transit, shopping, employment, housing, and neighborhood retail services. The goal of each station area is to encourage an efficient, compact land use pattern; encourage pedestrian activity; reduce the reliance on private automobiles; promote a more functional and attractive community through the use of recognized principles of urban design; and allow property owners flexibility in land use, while prescribing a high level of detail in building design and form. CURRENT ZONING: The property is currently zoned TOD Transit Oriented Development. It is located in the General Mixed Use character zone in the Smithfield TOD area. SURROUNDING ZONING I LAND USE: North: TOD Transit Oriented Development Transit Oriented Development West: TOD Transit Oriented Development Transit Oriented Development IqRH South: TOD Transit Oriented Development Transit Oriented Development East: TOD Transit Oriented Development Parks - Open Space PLAT STATUS: The property is currently platted as Lots 9-12, Block 2, Briar Pointe Villas Addition. The original plat for Briar Pointe Villas was recorded in 2008, but that plat was vacated in May 2014. The current plat was subsequently recorded in May 2014. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this request at the May 18, 2017, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve AP 2017-02. 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T> OI"S u� f r r', O Om gY#W& 1� � lJat oe <.d R t e bAl so u .00 21'L _i „1 n 61100 N to Pn7 o a,aov7 0 ]NJ071 NIOd JVRJH d� o c> 01 " 'I zi,r aironMiro14 rfN 'Mrm �Y 2 sr 11A nNIOd N'rINH r >fxdf8 '8 101 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE MAY 18, 2017 D.2. AP 2017-02 CONSIDERATION OF A REQUEST FROM SPRY SURVEYORS FOR AN AMENDED PLAT OF LOTS 911 THROUGH 12R, BLOCK 2, BRIAR POINTE VILLAS ADDITION ON 0.302 ACRES LOCATED ON BRIAR POINTE DRIVE. APPROVED Chairman Randall Shiflet introduced the item and called for Principal Planner Clayton Husband to provide the staff introduction. Mr. Husband presented the staff introduction. Chairman Shiflet called for the applicant to present the request. David Lewis, 408 Quail Crest Drive, Colleyville, Texas 76021, presented the request. Mr. Husband presented the staff report. A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY COMMISSIONER BOWEN TO APPROVE AP 2017-02. MOTION TO APPROVE CARRIED 7-0. May 18, 2017 Planning and Zoning Commission Meeting Minutes Page 1 of 1 MRH CITY COUNCIL MEMORANDUM FROM: Public Works DATE: June 12, 2017 SUBJECT: Consider awarding Project RFB No. 17-016 to Ragle, Inc. for the construction of the Rufe Snow / Glenview Intersection Improvement Project (ST1201) in the amount of$861,116.50. PRESENTER: Caroline Waggoner, City Engineer SUMMARY: The City Council is being asked to award a construction contract for the Rufe Snow / Glenview Intersection Improvement Project (ST1201). GENERAL DESCRIPTION: On May 19, 2017, a bid opening was conducted for the Rufe Snow / Glenview Intersection Improvement Project. The project consists of paving and traffic signal work at the intersection of Rufe Snow and Glenview to accommodate the increased traffic flow accompanying the new IL Texas Charter School. The project also involves installation of a new traffic signal at the intersection of Glenview Drive and Chapel Park Drive, where the school's south access drive is located. Rufe Snow Drive will be slightly widened along the west side of the roadway to accommodate a fifth travel lane. This additional lane will allow two through lanes in both the north- and southbound directions, in addition to a dedicated left-turn lane for both north- and southbound traffic. The signal on Glenview at Chapel Park will allow vehicles leaving the school to safely turn into and out of the school site. 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. City staff and the design engineer also reached out to local contractors. Bid specifications were viewed on the city's website by multiple entities. At the original May 5th bid opening only one bid was received, so the opening was delayed for two weeks to encourage additional interest. Three bids were received at the May 19th bid opening, with the following results: Name of Contractor BASE BID Ragle, Inc. $861,116.50 Fort Worth Civil Constructors, LLC $914,416.20 McClendon Construction Co. $924,888.40 MRH There is sufficient funding in the City's CIP Budget for this project. Note that the cost of construction is being paid for with an 80/20 match with the Charter School wherein they pay for 80% of the project. RECOMMENDATION: Award Bid No. 17-016 to Ragle, Inc. in the amount of $861,116.50 for construction of the Rufe Snow / Glenview Intersection Improvement Project and authorize the City Manager to execute such agreement. aC F T`� T, m'-f1f1PHiIL RIbGE'bFry p..........RIG'IERPfl R"" RIVIERA-BR °°DDREE N— A 4 Rufe Snow Dr/ J PkRkRI°CVE'DR—y g IF p ° ° Glenview Dr �""BPft�INCZ-FI'J£'RbN d OLiNER-DR p DM19M'°NPRID6EDR� Intersection BHPESYB€'DR"""""' � -E4R61AWCE � Improvements n O � eft° z P 6'IRGEE-JIEW-pR---C♦ @L-EV'IEW'LT �, CYLINOHFtlECIRti !J O z -------UDEMO Rufe Snow Drl -- R saueE+D -. ........................... Glenview Dr . F- ------------- In < tersection Imps �DGR.s= ti ,�RNER rE A F JBRI'6HTON OT ✓<iywOF ya. N OTTINGHILL OT - ~\ ........ T On v 4 n > !I.rxftewRE IT 48ER1p EKDbV 2' W E o -------- .... .................. .........._G ENVIEW-DR .................. o �I 4m m A S Rn �TOViNE Im (�NSR'dK R035'9Y 4" UD A _ N(+)RTH ED I o f o RICHLAND M b w .J11 H LNSr WRD HA M'ONSON RD"........ .. T r HILLS n DYN4ONADR iep"m mm4y, Project Locator Map m�� 1 h � 0 6m m v� RNESKU o .MARIESr �� D h i wnrmn F L 6T 'IVRRf�J�R D •._ rc Ow M �d�lRO�ENE JERREL CT y � m ry N u 'O a u pi ....IONYX DR-S �d°Pn ......... .... a LL v EN I �V RIEHL-A'NDi"LMZMD -..,, ��e ....... ......... .... NN� Scale: 1" = 800' 16 MAY 16 Standard Maps\GIP $_Rufesnow_Glenview Intersect l mps.mxd Information Services Department-GIS 52 CERTIFICATE OF INTERESTED PARTIES FORM 1295 anal Complete Nos.1•n and 6 it ttrere are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parries. 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. 2817-201865 Ragle Inc Euless,TX United States Date Filled: 2 Name of governmental entity or state agency that is a party to the contract for which the form Is 05/03/2017 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 Identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. Bid:17-016 Rufe SnowlGlenview Intersection Improvements 4 Nature of Interest Name of Interested party city,state,Country(place of business) (check applicable) Controlling Intermediary Ragle Inc. Euless,TX United States X 5 Check only if there Is NO interested parry. 6 AFFIDAVIT I swear,or affirm,under penalty or perjury,that the above disclosure Is true and correct. ef- 1t1bkN�iA f 4(� lYhF2N� 1�l YP Mi�✓V�t,trrVQ p0{�14 Uf FP xY) !autho,e"� fit, nrt mu i7n E.aN:rrv^.Wtctvahh!- SDGr _, gnature .ad gents 4 n'g'gusinessentity m�unw�ruinan^"""""`"""'" imm,urvu,w,w, AFFIX � CAMP/SEAL ABOVE r Sworn to and subscribed before me,by the said ��Y'tS� 1[,-C,�,^y' ,this the day of 26 ,t certify which,witness my hand and seat of office. K g ura of office Iminis ring oath printad Hama of officer administering oath Title of once,admi Istering oath For s ovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: Discussion and Consideration of Ordinance No. 3465 Authorizing the Issuance of $7,545,000 "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2017" and Resolving Other Matters Incident and Related Thereto PRESENTER: Karen Bostic, Assistant City Manager SUMMARY: On May 27th, the City Council authorized the City Secretary to publish a notice of intent to issue Certificates of Obligation (`CO's'). The City issued the Preliminary Official Statement and Notice of Sale for consideration on Thursday, June 1, 2017 and sealed bids for the CO's are to be received on Monday, June 12, 2017 at 10:30 AM. The purpose of this item is to seek City Council's approval of an ordinance to issue the CO's, as advertised, based upon the winning bid received. GENERAL DESCRIPTION: On March 27th, the City Council authorized the City Secretary to publish a notice of intent to issue Certificates of Obligation in a newspaper of general circulation. This notice was published by the City Secretary in the Star Telegram on April 2, 2017 and April 9, 2017, in accordance with State law. The notice included a sale planned for $7,960,000 of Tax and Waterworks and Sewer System (Limited Pledge) Revenue CO's, inclusive of issuance cost. The Preliminary Official Statement and Notice of Sale were released for consideration by potential bidders on June 1, 2017. Based on the structure recommended by our Financial Advisor, Hilltop Securities, the bonds will be sold at a premium. The City expects to issue approximately $7,545,000 in CO's (i.e. the par amount). In addition, the City will receive a net premium on the CO's of approximately $362,160. The total funds received will be approximately $7,907,160. Once the underwriter's discount and cost of issuance are deducted, the City will receive net proceeds of $7,815,000, the amount required to cover the Fiscal Year 2016/2017 debt funded projects. MRH The funds for the 2017 CO Projects are as follows: $2,000,000 Preventive Street Maintenance $2,000,000 Total Street Projects $3,900,000 Northfield Park Redevelopment $3,900,000 Total Park and Recreation Projects $680,000 Aerial Fire Apparatus $710,000 Aerial Fire Apparatus $525,000 Fire Engine $1,915,000 Total Major Capital Equipment Projects $7,815,000 Total Project Proceeds In preparation for this issuance, the City received ratings from both Moody's Investors Service and Standard and Poor's. Moody's has reaffirmed the City's credit rating of Aa2. Standard and Poor's has reaffirmed the City's credit rating of AA+. The results of the Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation sale will be presented to City Council at the regular meeting on Monday, June 12th and staff will be seeking authorization to issue. Staff will request that the City Council consider the approval of an ordinance prepared by the City's Bond Counsel, Norton Rose Fulbright US LLP. A draft, prior to the receipt of responses to the Preliminary Official Statement and Notice of Sale, has been enclosed. This ordinance also authorizes all other necessary actions such as the paying agent/registrar agreement. RECOMMENDATION: Adopt Ordinance No. 3465 authorizing the issuance of $7,545,000 "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2017"; approving and authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract in relation to such Certificates and the approval and distribution of an Official Statement. ORDINANCE NO. AUTHORIZING THE ISSUANCE OF CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2017 Adopted June 12, 2017 28155486.4 TABLE OF CONTENTS Page SECTION 1: Definitions.................................................................................................... 2 SECTION 2: Authorization — Designation — Principal Amount— Purpose.......................... 4 SECTION 3: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Certificate Date................................................. 4 SECTION 4: Terms of Payment-Paying Agent/Registrar.................................................. 5 SECTION 5: Redemption.................................................................................................. 6 SECTION 6: Registration - Transfer- Exchange of Certificates - Predecessor Certificates................................................................................................... 8 SECTION 7: Book-Entry-Only Transfers and Transactions............................................... 9 SECTION 8: Execution - Registration ............................................................................... 9 SECTION 9: Initial Certificate(s) ......................................................................................10 SECTION10: Forms..........................................................................................................10 SECTION 11: Certificate Fund...........................................................................................10 SECTION 12: Tax Levy.....................................................................................................11 SECTION 13: Limited Pledge of Net Revenues.................................................................12 SECTION 14: System Fund...............................................................................................12 SECTION 15: Deposits to Certificate Fund.......................................................................13 SECTION 16: Security of Funds........................................................................................13 SECTION 17: Special Covenants......................................................................................13 SECTION 18: Issuance of Prior Lien Obligations- Additional Obligations and Subordinate Lien Obligations ......................................................................13 SECTION 19: Application of Prior Lien Obligations Covenants and Agreements...............14 SECTION 20: Further Procedures.....................................................................................14 SECTION 21: Notices to Holders - Waiver.........................................................................14 SECTION 22: Cancellation ................................................................................................14 SECTION 23: Covenants to Maintain Tax-Exempt Status..................................................15 SECTION 24: Satisfaction of Obligations of City................................................................18 SECTION 25: Mutilated, Destroyed, Lost, and Stolen Certificates.....................................19 SECTION 26: Ordinance a Contract- Amendments..........................................................19 SECTION 27: Sale of the Certificates................................................................................20 SECTION 28: Official Statement........................................................................................20 SECTION 29: Proceeds of Sale.........................................................................................20 SECTION 30: Control and Custody of Certificates.............................................................20 SECTION 31: Bond Counsel's Opinion..............................................................................21 SECTION 32: CUSIP Numbers..........................................................................................21 SECTION 33: Continuing Disclosure Undertaking .............................................................21 SECTION 34: Benefits of Ordinance..................................................................................24 SECTION 35: Inconsistent Provisions................................................................................24 SECTION 36: Governing Law............................................................................................24 SECTION 37: Effect of Headings.......................................................................................24 SECTION 38: Severability .................................................................................................24 SECTION 39: Construction of Terms.................................................................................24 SECTION 40: Incorporation of Findings and Determinations.............................................25 SECTION 41: Public Meeting ............................................................................................25 SECTION 42: Effective Date..............................................................................................25 -ii- ORDINANCE NO. AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2017"; providing for the payment of such certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues derived from the operation of the City's waterworks and sewer system; providing the terms and conditions of such certificates and resolving other matters incident and relating to the issuance, payment, security and delivery of such certificates of obligation; and providing an effective date. WHEREAS, the City Council of the City of North Richland Hills, Texas, has heretofore determined that certificates of obligation should be issued in the maximum principal amount not to exceed $7,960,000 for the purpose of paying contractual obligations to be incurred for authorized needs and purposes, to wit: (i) street improvements, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incident thereto and the acquisition of land and rights-of-way therefor, (ii) park and recreation improvements, including the acquisition of equipment therefor, (iii) the acquisition of fire department vehicles and equipment, and (iv) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, a "Notice of Intention to Issue City of North Richland Hills, Texas, Certificates of Obligation, Series 2017" was duly published in Fort Worth Star Telegram, a newspaper hereby found and determined to be of general circulation in the City of North Richland Hills, Texas, on April 2, 2017 and April 9, 2017, the date of the first publication of such notice being not less than thirty-one (31) days prior to the tentative date stated therein for the passage and adoption of this Ordinance; and WHEREAS, in accordance with such notice, the City Council convened on the date, time and place specified in such notice and opened public comment on the possible issuance of Certificates, but took no action and instead specifically postponed consideration of this Ordinance to this City Council meeting; and WHEREAS, no petition protesting the issuance of such certificates of obligation and bearing valid petition signatures of at least 5% of the qualified voters of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this Ordinance; and WHEREAS, no bond proposition to authorize the issuance of bonds for the same purpose as any of the projects being financed with the proceeds of the Certificates was submitted to the voters of the City during the preceding three years; and WHEREAS, the City Council hereby finds and determines that all of the certificates of obligation described in such notice should be issued and sold at this time in the amount and manner as hereinafter provided; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1 SECTION 1: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (b) The term "Certificates" shall mean the "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2017" authorized by this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial accounting period for the System ending September 30th of each year; provided, however, the City, by ordinance, may change the Fiscal Year to another period of not less than twelve calendar months. (e) The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iv) any other then authorized securities or obligations that may be used to defease obligations such as the Certificates under the then applicable laws of the State of Texas. (f) The term "Gross Revenues" shall mean all income and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction, impact fees charged developers and special assessments against landowners) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Net Revenues" shall mean Gross Revenues of the System, with respect to any period, after deducting the System's Operating and Maintenance Expenses during such period. (h) The term "Operating and Maintenance Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition -2- which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues'. Depreciation charges shall not be considered Operating and Maintenance Expenses. Operating and Maintenance Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods or services for the System to the extent authorized by law and the provisions of such contract. (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 24 hereof; and (3) those Certificates that have been mutilated, destroyed, lost or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 25 hereof. (j) The term "Prior Lien Obligations' shall mean all revenue bonds or other obligations hereafter issued payable from and secured, in whole or in part, by a lien on and pledge of the Net Revenues of the System that is superior to the lien on and pledge of the Net Revenues of the System securing the Certificates, the Subordinate Lien Obligations and any obligations having a lien on and pledge of the Net Revenues of the System that is on an parity with the lien on and pledge of the Net Revenues of the System securing any of the Certificates and the Subordinate Lien Obligations. (k) The term "Subordinate Lien Obligations" shall mean all revenue bonds or other obligations now outstanding or hereafter issued payable from and secured, in whole or in part, by a lien on and pledge of the Net Revenues of the System that is inferior to the lien on and pledge of the Net Revenues of the System securing the Prior Lien Obligations, the Certificates and any obligation having a lien on and pledge of the Net Revenues of the System that is on a parity with the lien on and pledge of the Net Revenues of the System securing any of the Prior Lien Obligations and the Certificates. (1) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment and transmission of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto; provided, however, that notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term "System" shall not mean to include facilities of any kind which are declared not to be a part of the System and which are acquired or constructed by or on behalf of the City with the proceeds from the issuance of "Special Facilities Bonds', which are hereby defined as being special revenue obligations of the City which are not Prior Lien Obligations but which are payable from and secured by other liens on and pledges of any revenues, sources or payments, not pledged to the payment of the Prior Lien Obligations including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities. -3- SECTION 2: Authorization — Designation— Princioal Amount— Puroose. Certificates of obligation of the City shall be and are hereby authorized to be issued in an aggregate original principal amount of $ to be designated and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2017" (hereinafter referred to as the "Certificates"), for the purpose of paying contractual obligations to be incurred for authorized needs and purposes, to wit: (i) street improvements, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incident thereto and the acquisition of land and rights-of-way therefor, (ii) park and recreation improvements, including the acquisition of equipment therefor, (iii) the acquisition of fire department vehicles and equipment, and (iv) professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Texas Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 3: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Certificate Date. The Certificates are issuable in fully registered form only; shall be dated June 1, 2017 (the "Certificate Date") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rates in accordance with the following schedule: Yearof Principal Interest Stated Maturity Amount Rate 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 The Certificates shall bear interest on the unpaid principal amounts from the date of delivery to the initial purchasers (anticipated to be July 11, 2017) at the rates per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months) and -4- shall be payable on February 15 and August 15 of each year, commencing February 15, 2018, until maturity or prior redemption. SECTION 4: Terms of Payment-Paving Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment, is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as the paying agent/registrar for the Certificates (the "Paying Agent/Registrar") is hereby approved and confirmed. Books and records relating to the registration, payment, exchange and transfer of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a `Paying Agent/Registrar Agreement," substantially in the form attached hereto as Exhibit A and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor or Mayor Pro Tern and City Secretary or Assistant City Secretary are hereby authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution, or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States mail, first-class, postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. The Certificates shall be payable at their Stated Maturities or upon their earlier redemption, only upon the presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices, initially in East Syracuse, New York, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office"); provided, however, while a Certificate is registered to Cede & Co., the payment thereof upon a partial redemption of the principal amount thereof may be accomplished without presentation and surrender of such Certificate. Interest on a Certificate shall be paid by the Paying Agent/Registrar to the Holders whose names appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and such interest payments shall be made (i) by check sent United States mail, first-class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to be closed, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to be closed; and payment on such date shall have the same force and effect as if made on the original date payment was due. -5- In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class, postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 5: Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 15, 2028 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2027, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to an optional redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) [Mandatory Redemption. The Certificates having Stated Maturities of February 15 in each of the years 20 , 20 , and 20_ (collectively, the "Term Certificates") shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount ($) Redemption Date Principal Amount ($) February 15, 20 February 15, 20 February 15, 20 February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount ($) February 15, 20 February 15, 20 Stated maturity. Approximately forty-five (45) days prior to each mandatory redemption date for the Term Certificates, the Paying Agent/Registrar shall select by lot the numbers of the Term Certificates within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys set aside for that purpose in the Certificate Fund (as hereinafter defined). Any Term Certificate not selected for prior redemption shall be paid on the date of their Stated Maturity. -6- The principal amount of the Term Certificates for a Stated Maturity required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Term Certificates of like Stated Maturity which, at least 50 days prior to the mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph (a) of this Section and not theretofore credited against a mandatory redemption requirement.] (d) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates, or principal amount thereof, to be redeemed within such Stated Maturity by lot. (e) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States mail, first-class, postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Certificate is subject by its terms to prior redemption, and has been called for redemption, and notice of redemption thereof has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for the payment of such Certificate (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. (f) Conditional Notice of Redemption. With respect to any optional redemption of the Certificates, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that such redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received or such prerequisites are not satisfied, such notice shall be of no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed. -7- SECTION 6: Registration - Transfer - Exchange of Certificates - Predecessor Certificates. The Paying Agent/Registrar shall obtain, record and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance or, if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate (other than the Initial Certificate authorized in Section 9 hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates, executed on behalf of, and furnished by, the City, of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holders, Certificates (other than the Initial Certificate(s) authorized in Section 9 hereof) may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates, executed on behalf of, and furnished by the City, to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the Designated Payment/Transfer Office of the Paying Agent/Registrar, or sent by United States mail, first-class, postage prepaid, to the Holder and, upon the registration and delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to Section 25 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on -8- transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 7: Book-Entry-Only Transfers and Transactions. Notwithstanding the provisions contained herein relating to the payment and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry-Only" securities clearance, settlement and transfer system provided by The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York ("DTC'), in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representations by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold such Certificates for its participants (the "DTC Participants"). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general, or in the event the City decides to discontinue use of the system of book-entry transfers through DTC, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 4, 5 and 6 hereof. SECTION 8: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor or the Mayor Pro Tern under its seal reproduced or impressed thereon and countersigned by the City Secretary or Assistant City Secretary. The signature of such officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of such individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or any of them shall cease to hold such offices prior to the delivery of the Certificates to the initial purchaser(s), and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided by Texas Government Code, Chapter 1201, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Exhibit B, manually executed by the Comptroller of Public Accounts of the State of Texas or his or her duly authorized agent, or a certificate of registration substantially in the form provided in Exhibit B, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 9: Initial Certificate(s). The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount stated in -9- Section 2 hereof with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1 or (ii) as multiple fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificate submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 10: Forms. (a) Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in Exhibit B with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with bond insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates, including the Initial Certificate(s), shall be typewritten, printed, lithographed, or photocopied, or produced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account on the books of the City to be designated "SPECIAL SERIES 2017 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND," and all moneys deposited to the credit of such account shall be kept and maintained in a banking fund maintained at the City's depository. The Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Finance Director, City Secretary and Assistant City Secretary, individually or collectively, are hereby authorized and directed to make withdrawals from the Certificate Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying -10- Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" relating to the investment of "bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Certificate Fund shall be credited to, and any losses debited to, the such Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on such Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied, within the limitations prescribed by law, a sufficient tax on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements while the Certificates remain Outstanding, full allowance being made for delinquencies and costs of collection; such tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: (a) Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: (1) The amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Net Revenues of the System appropriated and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2) The amount of Net Revenues of the System, and any other lawfully available revenues which are appropriated and to be set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. -11- (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 13: Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System, in the amount of $1,000 are hereby irrevocably pledged, equally and ratably, to the payment of the principal of and interest on the Certificates, and the limited pledge of $1,000 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System until such time as the City shall pay all of such $1,000, after which time the pledge shall cease. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall be valid and binding and fully perfected from and after the date of adoption of this Ordinance without physical delivery or transfer or transfer of control of the Net Revenues, the filing of this Ordinance or any other act; all as provided in Texas Government Code, Chapter 1208, as amended. Texas Government Code, Section 1208, as amended, applies to the issuance of the Certificates and the pledge of the Net Revenues of the System granted by the City under this Section 13, and such pledge is therefore valid, effective and perfected. If Texas law is amended at any time while the Certificates are Outstanding such that the pledge of the Net Revenues of the System granted by the City under this Section 13 is to be subject to the filing requirements of Texas Business and Commerce Code, Chapter 9, as amended, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in such pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Texas Business and Commerce Code, Chapter 9, as amended, and enable a filing to perfect the security interest in such pledge to occur. SECTION 14: System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "Water and Sewer System Fund" (hereinafter called the "System Fund"). All moneys deposited to the credit of the System Fund shall be allocated, dedicated and disbursed to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Operating and Maintenance Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues of the System. Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of the Certificates. -12- Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for payment of the Subordinate Lien Obligations and then for any other City purpose now or hereafter permitted by law. SECTION 15: Deposits to Certificate Fund. Subject to the provisions of Section 13 hereof, the City hereby covenants and agrees to cause to be deposited in the Certificate Fund from the pledged Net Revenues of the System in the Revenue Fund, the amount of Net Revenues of the System pledged to the payment of the Certificates. The City covenants and agrees that the amount of pledged Net Revenues of the System ($1,000), together with other lawfully available revenues appropriated by the City for payment of the debt service requirements on the Certificates and ad valorem taxes levied, collected, and deposited in the Certificate Fund for and on behalf of the Certificates, will be an amount equal to one hundred percent (100%) of the amount required to fully pay the interest and principal due and payable on the Certificates. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in such Fund from ad valorem taxes and the Net Revenues of the System. SECTION 16: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 17: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System supporting this issue of Certificates and has lawfully exercised such powers under the Constitution and laws of the State of Texas, including the powers existing under Texas Government Code, Chapter 1502, as amended, and Texas Local Government Code, Sections 271.041, et seq., as amended. (b) Other than for the payment of the Prior Lien Obligations and the Certificates and the Subordinate Lien Obligations, the Net Revenues of the System are not pledged to the payment of any debt or obligation of the City or of the System. SECTION 18: Issuance of Prior Lien Obligations - Additional Obligations and Subordinate Lien Obligations. The City expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise. Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and conditions as the Council may determine. Additionally, the City reserves the right to issue (a) obligations payable, in whole or in part, from the Net Revenues of the System and, to the extent provided, secured by a lien on and pledge of the Net Revenues of equal rank and dignity with the lien and pledge securing the payment of the Certificates and (b) Subordinate Lien Obligations. SECTION 19: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the -13- provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. SECTION 20: Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Finance Director and City Secretary are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the issuance of the Certificates. In addition, prior to the initial delivery of the Certificates, the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Finance Director, or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect, or omission in the Ordinance or such other document; or (ii) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Certificates by the Attorney General and if such officer or counsel determines that such changes are consistent with the intent and purpose of the Ordinance, which determination shall be final. In the event that any officer of the City whose signature shall appear on any document shall cease to be such officer before the delivery of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 21: Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 22: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled -14- by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 23: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in Section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in Section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not -15- adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be `loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of Section 149(b) of the Code and the Regulations and rulings thereunder. -16- (g) Information Report. The City shall timely file the information required by Section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in Section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in Section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers (defined below) and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States from the general fund, other appropriate fund, or if permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the Certificate Fund, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not, at any time -17- prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. Q) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tern, City Manager, Assistant City Manager, Director of Finance, or City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 24: Satisfaction of Obligations of Citv. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section ("Defeased Certificates') when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. At such time as Certificates shall be deemed to be Defeased Certificates hereunder, as aforesaid, such Certificates and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the taxes or revenues levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem the Defeased Certificates that is made in conjunction with the payment arrangements specified in (i) or (ii) above in this paragraph shall not be irrevocable, provided that in the proceedings providing for such payment arrangements, the City: (1) expressly reserves the right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that right to the registered owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. -18- Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 25: Mutilated, Destroyed, Lost, and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 26: Ordinance a Contract - Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section and Section 32 hereof. The City, may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce -19- the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 27: Sale of the Certificates. Pursuant to a public sale for the Certificates, the bid submitted by (herein referred to as the "Purchaser") is declared to be the best bid received producing the lowest true interest cost rate to the City; such bid is hereby accepted and incorporated herein by reference as a part of this Ordinance for all purposes and the sale of the Certificates to the Purchaser at the price of par and accrued interest to the date of delivery, plus a premium of $ is hereby approved and confirmed. Delivery of the Certificates to the Purchaser shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. The terms of sale are hereby declared to be in the best interest of the City. SECTION 28: Official Statement. The use of the Preliminary Official Statement in the offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects, and the City Council hereby finds that the information and data contained in such Preliminary Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Finance Director, City Secretary and Assistant City Secretary, one or more of such officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated June 12, 2017, in the offering, sale and delivery of the Certificates to the public. SECTION 29: Proceeds of Sale. The proceeds of sale of the Certificates excluding accrued interest, if any, received from the Purchasers, and amounts to pay costs of issuance and any additional proceeds to be deposited to the Certificate Fund, shall be deposited in a fund maintained at a City depository bank (the "Construction Fund"). Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments in accordance with the provisions of Texas Government Code, Chapter 2256, as amended, including specifically guaranteed investment contracts permitted by Texas Government Code, Section 2256.015, et seq., and the City's investment policies and guidelines, and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest or premium, if any, received from the Purchasers as well as proceeds of sale, including investment earnings thereon, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 30: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General and its registration thereof by the Comptroller of Public Accounts. Furthermore, the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Finance Director, City Secretary and Assistant City Secretary, individually or collectively, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, -20- estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate to the initial purchasers. SECTION 31: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Norton Rose Fulbright US LLP, Dallas, Texas approving the Certificates as to their validity, such opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of such opinion shall accompany the global certificates deposited with DTC or a reproduction thereof shall be printed on the definitive Certificates in the event the book-entry-only system shall be discontinued. SECTION 32: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving such Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 33: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: WSRF means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC' means the United States Securities and Exchange Commission. (b) Annual Reports. The City shall provide annually to the MSRB (1) within six months after the end of each fiscal year, beginning in or after 2017, financial information and operating data with respect to the City of the general type included in Official Statement under Tables numbered 1 through 5 and 7 through 14, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available, and in any case within twelve (12) months after the end of each year ending in or after 2017. Any financial statements so provided shall (i) be prepared in accordance with the accounting principles described in Appendix B to the Official Statement, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within twelve (12) months after any such fiscal year of the City, then the City will provide unaudited financial statements within such twelve-month period and audited financial statements when and if such audited financial statements become available. -21- If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any documents available to the public on the MSRB's internet web site or filed with the SEC. (c) Notice of Certain Events. The City shall provide notice of any of the following events with respect to the Certificates to the MSRB in a timely manner and not more than ten (10) business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; (7) Modifications to rights of holders of the Certificates, if material; (8) Certificate calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Certificates, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. For these purposes, any event described in the immediately preceding subsection (c)(12) is considered to occur when any of the following occur: the appointment of a receiver, -22- fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with Subsection (b) of this Section by the time required by such Section. (d) Filings with the MSRB. All financial information, operating data, financial statements, notices and other documents provided to the MSRB in accordance with this Section shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by identifying information as prescribed by the MSRB. (e) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by Subsection (c) of this Section of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates; and, nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section. Except as expressly provided within this Section, the City does not undertake to provide any other information, whether or not it may be relevant or material to a complete presentation of the City's financial results, condition, or prospects; nor does the City undertake to update any information provided in accordance with this Section or otherwise. Furthermore, the City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. -23- Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. Notwithstanding anything herein to the contrary, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell the Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 34: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 35: Inconsistent Provisions. All ordinances, orders, or resolutions, or parts thereof which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 36: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 37: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 38: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance or the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 39: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural -24- number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 40: Incorporation of Findings and Determinations. The findings and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 41: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Texas Government Code, Chapter 551, as amended. SECTION 42: Effective Date. In accordance with the provisions of Texas Government Code, Section 1201.028, as amended, this Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. [Remainder of page intentionally left blank] -25- PASSED AND ADOPTED, this June 12, 2017. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney APPROVED AS TO CONTENT: Finance Director 28155486.4 .S-1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT 28155486.4 A-1 Exhibit B Forms (a) Form of Definitive Certificate. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION SERIES 2017 Certificate Date: Interest Rate: Stated Maturity: CUSIP No.: June 1, 2017 Registered Owner: Principal Amount: DOLLARS The City of North Richland Hills (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount stated above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the interest payment date next preceding the "Registration Date" of this Certificate appearing below (unless this Certificate bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Certificate is prior to the initial interest payment date, in which case it shall bear interest from the date of delivery to the initial purchasers) at the per annum rate of interest specified above computed on the basis of a 360- day year of twelve 30-day months; such interest being payable on August 15 and February 15 of each year, commencing February 15, 2018, until maturity or prior redemption of this Certificate. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof upon presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while the Certificate is registered to Cede & Co., the payment of principal upon a partial redemption of the principal amount may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the `Record Date", which is the last business day of the month next preceding each interest payment date and interest shall be paid by the Paying Agent/Registrar by check sent United States mail, first-class, postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to 28155486.4 B-1 the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $ to be designated and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2017' (hereinafter referred to as the "Certificates"), for the purpose of paying contractual obligations to be incurred for authorized needs and purposes, to wit: (i) street improvements, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incident thereto and the acquisition of land and rights-of-way therefor, (ii) park and recreation improvements, including the acquisition of equipment therefor, (iii) the acquisition of fire department vehicles and equipment, and (iv) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Texas Local Government Code, Subchapter C of Chapter 271, as amended and pursuant to an ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Certificates having Stated Maturities on and after February 15, 2028 may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2027, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty (30) days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States mail, first-class, postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. [The Certificates having Stated Maturities of February 15 in each of the years 20 , 20 , and 20_ (collectively, the "Term Certificates") shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: 28155486.4/11703074 B-2 Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount ($) Redemption Date Principal Amount 1$1 February 15, 20 February 15, 20 February 15, 20 February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount ($) February 15, 20 February 15, 20 " Stated maturity. Approximately forty-five (45) days prior to each mandatory redemption date for the Term Certificates, the Paying Agent/Registrar shall select by lot the numbers of the Term Certificates within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys set aside for that purpose in the Certificate Fund (as hereinafter defined). Any Term Certificate not selected for prior redemption shall be paid on the date of their Stated Maturity. The principal amount of the Term Certificates for a Stated Maturity required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Term Certificates of like Stated Maturity which, at least 50 days prior to the mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions set forth above and not theretofore credited against a mandatory redemption requirement.] In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within forty-five (45) days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. With respect to any optional redemption of the Certificates, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that such redemption may, at the option of the City, be conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received or such prerequisites are not satisfied, such notice shall be of no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed. 28155486.4/11703074 B-3 The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are additionally payable from and secured by a lien on and limited pledge of the Net Revenues (as defined in the Ordinance) of the City's combined waterworks and sewer system (the "System"), such lien and pledge being limited to the amount of $1,000 and being junior and subordinate to the lien on and pledge of the Net Revenues of the System securing the payment of "Prior Lien Obligations" (identified and defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations while the Certificates are outstanding without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise, as well as the right to issue additional obligations payable from the same sources as the Certificates and, together with the Certificates, equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the Holder by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the Net Revenues of the System pledged to the payment of the principal of and interest on the Certificates; the nature and extent and manner of enforcement of the limited pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the liens, pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein and not otherwise defined have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, may treat the registered owner hereof whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class, postage prepaid, to the address of each Holder appearing on the 28155486.4/11703074 B-4 Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and covenanted that the City is duly organized and legally incorporated under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates by the levy of a tax and a pledge of the Net Revenues of the System as aforestated. In case any provision in this Certificate or any application thereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF NORTH RICHLAND HILLS, TEXAS [Mayor][Mayor Pro Tern] COUNTERSIGNED: City Secretary (CITY SEAL) (b) Form of Registration Certificate of Comptroller of Public Accounts to appear on the Initial Certificate only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this 28155486.4/11703074 B-5 Comptroller of Public Accounts of the State of Texas (SEAL) (c) Form of Certificate of Paving Agent/Registrar to aooear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within- mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated office of the Paying Agent/Registrar located in East Syracuse, New York is the Designated Payment/Transfer Office for this Certificate. The Bank of New York Mellon Trust Company, N.A., Dallas, Texas as Paying Agent/Registrar Registration Date: By: Authorized Signature (d) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. 28155486.4/11703074 B-6 DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. (e) The Initial Certificate shall be in the form set forth in paragraph (a) of this Section, except that the heading and first paragraph shall be modified as follows: REGISTERED: REGISTERED: NO. T-1 $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION SERIES 2017 Certificate Date: June 1, 2017 Registered Owner: Principal Amount: DOLLARS The City of North Richland Hills (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, the above stated Principal Amount on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from Section 3 hereof) (or so much thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid Principal Amount from the interest payment date next preceding the "Registration Date" of this Certificate appearing below (unless this Certificate bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Certificate is prior to the initial interest payment date, in which case it shall bear interest from the date of delivery to the initial purchasers (anticipated to be July 11, 2017) at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 2018, until maturity or prior redemption of this Certificate. Principal installments of this Certificate are payable at the year of maturity or on a redemption 28155486.4/11703074 B-7 date to the registered owner hereof by The Bank of New York Mellon Trust Company N.A., Dallas, Texas (the "Paying Agent/Registrar"), upon presentation and surrender at its designated offices in East Syracuse, New York, or, with respect to a successor paying agent/registrar, at the designated office of such successor (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the 'Record Date", which is the last day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States mail, first- class, postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. 28155486.4/11703074 B-8 NOTICE OF SALE AND BIDDING INSTRUCTIONS ON $7,545,000* CITY OF NORTH RICHLAND HILLS,TEXAS (Tarrant County) TAX AND WATERWORKS AND SERVER SYSTEM(LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION,SERIES 2017 Sealed Bids Due Monday,June 12,2017,at 10:30 AM,CDT THE CERTIFICATES WILL NOT BE DESIGNATED AS"QUALIFIED TAX-EXENIPT OBLIGATIONS"FOR FINANCIAL INSTITUTIONS THE SALE CEnr I FICA I ES OFFERED FOR SALE A I Comps.i rims:BIDDING. . .The City of North Richland Hills, Texas(the"City") is offering for sale its$7,545,000*Tax and Waterworks and Sewer System (Limited Pledge)Revenue Certificates of Obligation, Series 2017 (die"Certificates"). Bidders may submit bids for the Certificates by any of the following methods: (1) Deliver bids directly to the City as described below in"Bids Delivered to the City" (2) Submit bids electronically as described below in"Electronic Bidding Procedures;"or (3) Submit bids by telephone or facsimile as described below in"Bids by Telephone or Facsimile." Bros DELIVERED TO CCTV...Sealed bids, plainly marked"Bid for Certificates," should be addressed to "Mayor and City Council, City of North Richland Hills, Texas," and should be delivered to FirstSouthwest, a Division of Hilltop Securities Inc. ("FirstSouthwest"),the City's Financial Advisor,at 777 Main Sweet,Suite 1200,Fort Worth,Texas 76102,prior to 10:30 AM,CDT, on the date of the sale. ELECTRONIC BIDDING PROCFDFRF. . . . Any prospective bidder that intends to submit an electronic bid mast submit its electronic bid through the facilities of I-Deal, LLC,Parity System("PARITY"). Subscription to i-Deal's BIDCOMP Competitive Bidding System is required in order to submit an electronic bid. The City will neither confirm any subscription nor be responsible for the Failure of any prospective bidder to subscribe. Bidders submitting an electronic bid shall not be required to submit Official Bid Forms prior to award. An electronic bid made through the facilities of PARITY shall be deemed an irrevocable offer to purchase the Certificates on the terms provided in this Notice of Sale and Bidders Instructions, and shall be binding upon the bidder as if made by a signed, sealed bid delivered to the City. The City shall not be responsible for any malfunction or mistake made by, or as a result of the use of the facilities of,PARITY,the use of such facilities being the sole risk of the prospective bidder. If any provisions of this Notice of Sale and Bidders Instructions shall conflict with information provided by PARITY as the approved provider of electronic bidding services, this Notice of Sale and Bidders Instructions shall control. Further information about PARITY, including any fee charged, may be obtained from Parity Customer Support, 40 West 23rd Street,5th Floor,New York,New York 10010,(212)404-8102. For purposes of the bidding process, regardless of the bidding method, the time as maintained by PARITY shall constitute the official time. For information purposes only,bidders are requested to state in their electronic bids the true interest cost to the City,as described under "Basis for Award" below. All electronic bids shall be deemed to incorporate the provisions of this Notice of Sale and Bidders Instructions and the Official Bid Form. The winning bidder shall submit a signed bid form if not previously submitted. Burs By TELEPHONE OR FAcsLNuLE . . . Bidders must submit, prior to June 12, 2017, SIGNED Official Bid Forms to Laura Alexander, FirstSouthwest,777 Main Street, Suite 1200, Fart Worth, Texas 76102, and submit their bid by telephone m facsimile (fax)on the date of the sale. Telephone bids will be accepted at(817)332-9710,between 9:30 AM,CDT and 10:30 AM,CDT on the date of the sate. Fax bids will be received between 9:30 AM,CDT and 10:30 AM, CDT,on the date of the sale at(817)336-5572,attention: Soyya Chumtey. FirstSouthwest will not be responsible for submitting any bids received after the above deadlines. The City and FirstSouthwest are not responsible if such telephone or facsimile numbers are busy which prevents a bid or bids from being submitted on a timely basis. The City and FirstSouthwest assume no responsibility or liability with respect to any irregularities associated with the submission of bids if any options are exercised. Preliminary,subject to change. See"The Certificates-Adjustment of Principal Amounts and/or Types of Bids'." i The City and FirstSouthwest are not responsible for any failure of theirs, the City's or the sender's fax machine, any failed delivery of a fax, any incomplete or ambiguous transmittals, or the disclosure of the bid to any persons prior to bid opening. If any portion of a faxed bid is illegible, the City and FirstSouthwest, may. at their option, either call any provided reference number for clarification or reject the bid. BIDDERS WHO FAX BIDS DO SO AT THEIR OWN RISK. ALL SUCH BIDS SHALL BE BINDING ON THE BIDDER. PLACE AND TOw OF Btu OPENING...The bids for the Certificates will be publicly opened and read at the offices of the Financial Advisor,at 10:30 AM,CDT,Monday,June 12,2017. AWARD OF I HE CERI ICA'IES. ..The City Council will take action to award the Certificates (or reject all bids) at a meeting scheduled to convene at 7:00 PM,CDT,on the date of the bid opening,and will adopt an ordinance authorizing the Certificates and approving the Official Statement(the"Ordinance"). THE CERTIFICATES DESCRIPTION...The Certificates will be dated June 1,2017. Interest will accrue from the date of initial delivery("Delivery Date') and will be due on February 15, 2018, and each August 15 and February 15 thereafter until the earlier of maturity or prior redemption. The Certificates will be issued only in fully registered fort many integral multiple of$5,000 for any one maturity. The Certificates will mature on February 15 in each year as follows: MATURITY SCHEDULE* Principal Principal Principal Year Amount* Year Amount* Year Amount* 2018 $475,000 2025 $ 470,000 2031 $ 285,000 2019 470,000 2026 465,000 2032 285,000 2020 470,000 2027 465,000 2033 285,000 2021 470,000 2028 285,000 2034 285,000 2022 470,000 2029 285,000 2035 285,000 2023 470,000 2030 285,000 2036 285,000 2024 470,000 2037 285,000 OPTIONAL REDEMPTION...The City reserves the right, at its option, to redeem Certificates having stated maturities on and after February 15,2028,in whole or in part in principal amounts of$5,000 or any integral multiple thereof,on February 15,2027,or any date thereafter,at the par value thereof plus accrued intacst to the date fixed for redempton. AD.TLSTNIENI'OF PRINCIPAL AaIOUNT5 AND/OR TYPES OF Bros. ..Prior to 3:00 P.M.CDT on the day before the bids are due,the City may,in its sole discretion,adjust the principal amounts set forth above(the"Maturity Schedule')and/or the type of bid required on the Certificates including revisions to the amortization schedule, principal amounts and required bid premium of the Certificates. Should such adjustments be made, a revised Official Bid Form will be made available through i-Deal Prospectus and PARITY NO LATER THAN 3:00 P.M.,CENTRAL TIME,ON FRIDAY,.TUNE 9,2017. In the event that no such revisions are made,the original amortization schedule and principal amounts will constitute the revised amounts. BIDDERS SHALL SUBMIT BIDS BASED ON THE REVISED AMOUNTS,if any. For purposes of this paragraph,the term"Maturity Schedule"shall include any adjustments to the principal amounts shown above including the total par amount so made by the City by posting on Parity and Bloomberg Wire. Also see"CONDITIONS OF THE SALE"herein. SERIAL CERTIFICATES AND/OR TERM CERTIFICATES . . . Bidders may provide that all of the Certificates he issued as Serial Certificates or may provide that any two or more consecutive annual principal amounts be combined into one or more Term Certificates. MANDATORY SINKING FUND. . .If the successful bidder elects to alter the Maturity Schedule reflected above and convert principal amounts of the Serial Certificates into Term Certificates,such Tenn Certificates shall be subject to mandatory redemption on the first February 15 next following the last maturity for Serial Certificates, and annually thereafter on each February 15 until the stated maturity for the Term Certificates at the redemption prices of par plus accrued interest to the date of redemption. The principal amounts of the Term Certificates to be redeemed on each mandatory redemption date shall be the principal amounts that would have been due and payable in the Maturity Schedule shown above had no conversion to Term Certificates occurred. At least thirty(30) days prior to each mandatory redemption date, the Paying AgetteRegistrar shall select by lot the Term Certificates to be redeemed and cause a notice of redemption to be given in the manner provided in the Preliminary Official Statement. The principal amount of the Tenn Certificates required to be rcdecmcd pursuant to the operation of such mandatory redemption, at the option of the City,shall be the principal amount of the Term Certificates of the same maturity which,at least fifty(50)days prior to the mandatory redemption date, (i) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date or purchase thereof,and delivered to the Paying At for cancellation or(it) shall have been redeemed pursuant to the optional redemption provisions and not theretofore credited against a mandatory redemption requirement * Preliminary,subject to change. See"The Certificates-Adjustment of Principal Amounts and/or Types of Bids"herein. ii A final Official Statement will incorporate the mandatory redemption provisions for the Certificates in the event the successful bidder elects to convert serial maturities into one or more Term Certificates, BOOR-ENTRY-ONI.v Svsi rm...The City intends to utilize the Book-Entry-Only System of The Depository Trust Company ("DTC"). See"THE CERTIFICATES—Book-Entry-Only System"in the Preliminary Official Statement. PAYING AGENT/REcISTRAR ... The initial Paying Agent/Registrar shall be The Bank of New York Mellon Trust Company,N.A., Dallas,Texas(see"THE CERTIFICATES-Paying Agent/Registrar"in the Preliminary Official Statement). SOURCE OF PAYMENT. ..The Certificates are direct obligations of the City,payable out of the receipts from a combination of(i) an annual ad valorem tax levied, within the limits prescribed by law, on all taxable property located within the City and (ii) a limited pledge of$1,000 of the Net Revenues of the City's Waterworks and Sewer System,as provided in the Ordinance. Further details regarding the Certificates are set forth in the Preliminary Official Statement. CONDITIONS OF THE SALE TYPE OF Bros AND INTEREST RATES. . .The Certificates will be sold in one block on an "All or None" basis,and at a price of 104.80% of par Bidders are invited to time the rate(s) of interest to be home by the Certificates, provided that each rate bid must be in a multiple of 1/8 of 1%or 1/100 of 1%and the net effective interest rate must not exceed 15%. The highest rate bid may not exceed the lowest rate bid by more than 2%in rate. No coupon rate greater than 5%will be accepted. For Certificates having stated maturities on and after February 15, 2028, no reoffering yield producing a dollar price less than 98.00 for any individual maturity will be accepted. The high bidder will be required to submit reoffering yields and dollar prices prior to award. No limitation is imposed upon bidders as to the number of rates or changes which may be used. All Certificates of one maturity must bear one and the same rate. No bids involving supplemental interest rates wilt be considered. Each bidder shall state in the bid the total interest cost in dollars and the effective interest rate determined thereby(calculated in the manner prescribed by Chapter 1204,Texas Government Code),which shall be considered informative only and not as a part of the bid. BASIS FOR AwARD . . . The sale of the Certificates wilt be awarded to the bidder making a bid that conforms to the specifications herein and which produces the lowest True Interest Cost rate to the City. The True Interest Cost rate is that rate which,when used to compute the total present value as of die Delivery Date of all debt service payments on the Certificates on die basis of semi-annual compounding,produces an amount equal to the sum of the par value of the Certificates plus any premium bid. In the event of a bidder's error in interest cost rate calculations, the interest rates, and premium, if any, set forth in the Official Bid Form will be considered as the official bid. GOOD FAITH DEPOSIT...A Good Faith Deposit, payable to the "City of North Richland Hills, Texas", in the aniount of $150,900.00, is required. Such Good Faith Deposit shall be a bank cashier's check or certified check, which is to be retained uncashed by the City pending the Initial Purchaser's compliance with the terms of the bid and the Notice of Sale and Bidding Instructions. The Good Faith Deposit may accompany the Official Bid Form or it may be submitted separately. If submitted separately,it Shall be made available to the City prior to the opening of the bids, and shall be accompanied by instructions from the bank on which drawn which authorize its use as a Good Faith Deposit by the Initial Purchaser who shall be named in such instructions. The Good Faith Deposit of the Initial Purchaser will be returned to the Initial Purchaser upon payment for the Certificates. No interest will be allowed on the Good Faith Deposit. In the event the Initial Purchaser should fail or refuse to take up and pay for the Certificates in accordance with the bid, then said chock shall be cashed and accepted by the City as fill and complete liquidated damages. The checks accompanying bids other than the winning bid will be returned immediately after the bids arc opened,and an award of the Certificates has been made. PROVISION OF TEXAS ETHICS COMMISSION FORM 1295("TEC FORM 1295")AND CERTIFICATION OF FILING BY BIDDERS . . . Pursuant to Texas Government Code§2252.908 (the"Interested Party Disclosure Act"),the City may not award the Certificates to a bidder unless the bidder has provided to the City a TEC Form 1295 and a Certification of Filing as generated by the Texas Ethics Conmlission (the "TEC"). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC's website at httns://www.ethics.state.tx.us/tee/1295-Infor.hn. The TEC Form 1295 must then be printed, signed and notarized and provided to the City(c/o the City's Financial Advisor, FirstSouthwest,a Division of Hilltop Securities, Inc. Attn: Laura Alexander,laura.alexmder(cihilltousecu ities.eom)along with Certification of Filing generated by TEC In the event that the bidder's bid for the Certificates is the best bid received,the City,acting through its financial advisor,will promptly notify the bidder. That notification will serve as the conditional verbal acceptance of the bid, and will obligate the bidder to file promptly a completed TEC Form 1295,in mdcr to complete the award. TEC Form 1295 must be received by the City Prior to the formal acceptance of the winnine bid. The TLC Form 1295 and Certificate of Filing may be provided to the City via facsimile or electronically, however, the original signed and notarized TEC Form 1295 and Certification of Filing must be physically delivered to the City (Attn: Alicia Richardson, P.O. Box 820609, North Richland Hills, Texas 76180) within two business days of the award. Following the award of the Certificates, the City will notify the TEC of the receipt of each completed TEC Form 1295 and Certification of Filing. The City reserves the right to reject any bid that does not comply with the requirements prescribed herein. For purposes of completing the TEC Form 1295,box two is the City's formal name and box 3 is 2017 Series CO Issuance NRH. Neither the City nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. Consequently, an entity intending to bid on the Certificates should consult its own advisors to the extent it deems necessary and be prepared to submit the completed form promptly upon notification from the City that its bid is the apparent winning bid. 111 DELIVERY OF THE CERTIFICATES AND ACCOMPANYING DOCUMENTS CUSIP NuNmERs...It is anticipated that CUSIP identification numbers will appear on the Certificates,but neither the failure to print or type such number on any Certificate nor any error with respect thereto shall constitute cause for a failure or refusal by the Initial Purchaser to accept delivery of and pay for the Certificates in accordance with the terms of this Notice of Sale and Bidding Instructions and the terms of the Official Bid Form. All expenses in relation to the printing or typing of CUSIP numbers on the Certificates shall be paid by the City;provided,however,that the CUSIP Service Bureau charge for the assignment of the numbers shall be the responsibility of and shall be paid for by the Initial Purchaser. DELivERY OF CERI'DVCAVES... Initial Delivery will be accomplished by the issuance of one Initial Certificate (the "Initial Certificate").either in typed or printed form, in the aggregate principal amount of$7,545,000*,payable in stated installments to the Initial Purchaser or its designee, signed by the Mayor and City Secretary, approved by the Attorney General, and registered and manually signed by the Comptroller of Public Accounts. Upon delivery of the Initial Certificate, it shall be ilmnediately cancelled and one definitive Certificate for each maturity will be registered and delivered only to Cede & Co., and deposited with DTC in connection with DTC's Book-Entry-Only System Delivery will be at the corporate trust office of the Paying Agent/Relastrar in Dallas,Texas. Payment for the Certificates must be made in immediately available thnds for unconditional credit to the City, or as otherwise directed by the City. The Initial Purchaser will be given six business days' notice of the time fixed for delivery of the Certificates. It is anticipated that delivery of the Certificates can be made on or about July 11,2017,and it is understood and agreed that the Initial Purchaser will accept delivery and make payment for the Certificates by 10:00 AM, CDT, on July 11, 2017, or thereafter on the date the Certificate is tendered for delivery,up to and including July 25,2017. If for any reason the City is unable to make delivery on or before July 25,2017,the City shall i imiediately contact the Initial Purchaser and offer to allow the Initial Purchaser to extend its offer for an additional thirty days. If tile Initial Purchaser does not elect to extend its offer within six days thereafter,then its Good Faith Deposit will be returned, and both the City and the Initial Purchaser shall be relieved of any further obligation. In no event shall the City be liable for any damages by reason of its failure to deliver the Certificates, provided such failure is due to circumstances beyond the City's reasonable control. CONDITIONS TO DELIVERY. . .The obligation of the Initial Purchaser to take up and pay for the Certificates is subject to the Initial Purchaser's receipt of(a) the legal opinion of Norton Rose Fulbright US LLP ("Bond Counsel"), (b) the no-litigation certificate,and(c)the certification as to the Official Statement, all m further described in the Preliminary Official Statement. ESTABLISHMENT OF ISSUE PRICE(HOLD-THE-OFFERING PRICE RULE WILL APPLY IF COMPETITIVE SALE REQUIREMENTS ARE NOT SATISFIED).. (a) The winning bidder shall assist the City in establishing the issue price of the Certificates and shall execute and deliver to the City by Closing an"issue price"or similar certificate setting forth the reasonably expected initial offering price to the public, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto, with such modifications as may be appropriate or necessary, in the reasonable judgment of the winning bidder,the City and Bond Counsel. All actions to be taken by the City under this Notice of Sale to establish the issue price of the Certificates may be taken on behalf of the City by the City's municipal advisor identified herein and any notice or report to be provided to the City may be provided to the City's municipal advisor. (b) The City intends that the provisions of Treasury Regulation Section 1.148-l(f)(3)(i)(defining"competitive sale"for purposes of establishing the issue price of the Certificates) will apply to the initial sale of the Ccrlificatcs (the "competitive sale requirements")because: (1) the City shall disseminate this Notice of Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (2) all bidders shall(rave an equal opportunity to bid; (3) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds;and (4) the City anticipates awarding the sale of the Certificates to the bidder who submits a firm offer to purchase the Certificates at the highest price(or lowest interest cost), as set forth in this Notice of Sale. Any bid submitted pursuant to this Notice of Site shall be considered a firm offer for the purchase of the Certificates,as specified in the bid. * Preliminary,subject to change. See"The Certificates-Adjustment of Principal Amounts and/or Types of Bids'." iv (c) In the event that the competitive sale requirements are not satisfied, the City shall so advise the winning bidder. In such event, the City intends to treat the initial offering price to the public as of the sale date of each maturity of the Certificates as the issue price of that maturity(tire"hold-the-offering-price rule"). The City shall promptly advise the winning bidder, at or before the time of award of the Certificates, if the competitive sale requirements were not satisfied, in which case the hold-the-offering-price rule shall apply to the Certificates. Bids will not be subject to cancellation in the event that the competitive sale requirements are not satisfied and the hold-ttrc-offering-price rule applies. In the event that the competitive sale requirements are not satisfied, the issue price certificate shall be modified as necessary in the reasonable judgment of Bond Counsel and the City. (d) By submitting a bid, the winning bidder shall (i) confirm that the underwriters have offered or will offer the Certificates to the public on or before the date of award at the offering price or prices(the"initial offering price"), or at the corresponding yield or yields, set forth in the bid submitted by the winning bidder and(ii)agree,on behalf of the underwriters participating in the purchase of the Certificates, that the underwriters will neither offer nor sell unsold Certificates of any maturity to which the hold-the-offering-price rule applies to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date acrd ending on the earlier of the following: (1) the close of the fifth(5th)business day after the sale date;or (2) the date on which the underwriters have sold at least 10% of that maturity of the Certificates to the public at a price that is no higher than the initial offering pricc to the public. The winning bidder shall promptly advise the City when the underwrites have sold 10"%of that maturity of the Certificates to the public at a price that is no higher than the initial offering price to the public,if that occurs prior to the close of ttre fifitr(5th)business day after the sale date. (e) If the competitive sale requirements are not satisfied,then until the 10%test has been satisfied as to each maturity of the Certificates,the winning bidder agrees to promptly report to the City the prices at which the unsold Certi ficates of that nmturity have been sold to ttre public. That reporting obligation shall continue,whether or not the Closing Date has occurred,until the 10%test has been satisfied as to the Certificates of that maturity or until all Certificates of that maturity have been sold. The 10°% test shall be considered satisfied with respect to a maturity when at least 10%of the Certificates of that maturity have been sold to the public at a particular price. (f) The City acknowledges that, in making the representation set forth above, the winning bidder will rely on (i) the agreement of each underwriter to comply with the hold-the-offering-price rule, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Certificates to the public, the agreement of each dealer who is a member of the selling group to comply with the hold-the-offering-price rule, as set forth in a selling group agreement and the related pricing wires, and(iii)in the event that an underwriter is a party to a retail distribution agreement that was employed in connection with the initial sale of the Certificates to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the hold-the-offering-price rule, as set forth in the retail distribution agreement and the related pricing wires. The City further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the hold-the-offering-price rule and that no underwriter shall be liable for the failure of any other underwriter,or of any dealer who is a member of a selling group,or of any broker-dealer that is a party to a retail distribution agreement to comply with its corresponding agreement regarding the hold-the-offering- price rule as applicable to the Certificates. (g) By submitting a bid,each bidder confirms that: (i)any agreement among underwriters,any selling group agreement and each retail distribution agreement(to which ttre bidder is a party)relating to the initial sale of the Certificates to the public,together with the related pricing wires,contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such retail distribution agreement,as applicable,to(A)report the prices at which it sells to the public the unsold Certificates of each maturity allotted to it until it is notified by the winning bidder that either the 10%test has been satisfied as to the Certificates of that maturity or all Certificates of that maturity have been sold to the public and (B) to comply with the hold-the- offering-price rule,if applicable,in each case if and for so long as directed by the winning bidder and as set forth in the related pricing wires, and(ii) any agreement among underwriters relating to the initial sale of the Certificates to the public,together with the related pricing wires, contains or will contain language obligating each underwriter that is a parry to a retail distribution agreement to be employed in comrection with the initial sale of the Certificates to the public to require each broker-dealer that is a party to such retail distribution agreement to (A) report the prices at which it sells to the public the unsold Certificates of each maturity allotted to it until it is notified by the winning bidder or such underwriter that either the tO% test has been satisfied as to the Certificates of that maturity or all Certificates of that maturity have been sold to the public and (B) comply with the hold-tire-offering price rule, if v applicable,in each case if and for so long as directed by the winning bidder or such underwriter and as set forth in the related pricing wires. (h) Sales of any Certificates to any person that is a related party to an underwriter shall not constitute sales to the public for purposes of this Notice of Sale. Further,for purposes of this section of the Notice of Sale: (1) "public'means any person other than an underwriter or a related party, (ii) "underwriter"means(A)any person that agrees pursuant to a written contract with the City(or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Certificates to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(A)to participate in the initial sale of the Certificates to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Certificates to the public), (iii) a purchaser of any of the Certificates is a`related party"to an underwriter if the underwriter and the purchaser are subject,directly or indirectly,to(i)at least 50%common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of mother), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or(iii)more than 50%common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other),and (iv) "sale date"means the date that the Certificates arc awarded by the City to the winning bidder. LEGAL OPINIONS. . .The Certificates are offered when, as and if issued, subject to the approval of the Attorney General of the State of Texas. Delivery of and payment for the Certificates is subject to the receipt by the Initial Purchaser of the opinion of Norton Rose Fulbright US LLP, Bond Counsel, substantially in the form reproduced in Appendix C to the Preliminary Official Statement, to the effect that based upon an examination of a transcript of certified proceedings of the City retating to the authorization and issuance of the Certificates, the Certificates are validly issued under the Constitution and laws of the State of Texas and to the effect that interest on the Certificates is excludable from gross income for federal income tax purposes under existing law, subject to the matters described in "TAX MATTERS" in the Preliminary Official Statement including the alternative minimum tax on corporations. CPR]IFICAnory ox PRLLrMtNARV OruraAL S[A']EMEN'I . . .At the time of payment for and Initial Delivery of the Certificates,the City will execute and deliver to the Initial Purchaser a certificate in the form set forth in the Preliminary Official Statement. CtL\NGE IN T.ax EXEMPT STATus...At any time before the Certificates are tendered for delivery, the Initial Purchaser may withdraw its bid if the interest received by private holders on obligations of the same type and character shall be declared to be includable in gross income under present federal income tax laws,either by mling of the Internal Revenue Service or by a decision of any Federal court,or shall be declared taxable or be required to be taken into account in computing any federal income taxes,by the terms of any federal income tax law enacted subsequent to the date of this Notice of Sale and Bidding Instructions. GENERAL FINANCIAL ADVISOR. . .FirstSouthwest is employed as Financial Advisor to the City in connection with the issuance of the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and delivery of the Certificates. FirstSoutlrwest,in its capacity as Financial Advisor,has relied on the opinion of Bond Counsel and has not verified and does not assume any responsibility for the information,covenants and representations contained in any of the legal documents with respect to the federal income tax status of the Certificates, or the possible impact of any present, pending or fabric actions taken by any legislative or judicial bodies. In the noimal course of business, the Financial Advisor may from time to time sell investment securities to the City for the investment of bond proceeds or other funds of the City upon the request of the City. BILL SKN LAWS...By submission of its bid, the Initial Purchaser represents that the sale of the Certificates in states other than Texas will be made only pursuant to exemptions from registration or, where necessary, the Initial Purchaser will register the Certificates in accordance with the securities law of the states in which the Certificates are offered or sold. Tire City agrees to cooperate with the Initial Purchaser,at the Initial Purchaser's written request and expense,in registering the Certificates or obtaining an exemption from registration in any state where such action is necessary,provided,however,that the City shall not be obligated to qualify as a foreign corporation or to execute a general of special consent to service of process in any such jurisdiction. NOT AN OFFER TO SELL...This Notice of Sale and Bidding Instructions does not alone constitute an offer to sell the Certificates, butis mcrelynotice of the sale of tile Certificates. The offer to sell the Certificates is being made by means of the Notice of Sale and Bidding Instructions,due Official Bid Form and the Preliminary Official Statement Prospective purchasers are urged to carefully examine the Preliminary Official Statement to determine the investment quality of the Certificates. Vi ISSUANCE OF ADDITIONAL DEBT...The City does not anticipate the issuance of additional general obligation debt within the next 12 months. RATINCS. . .The Certificates and presently outstanding tax supported debt of the City are rated "Aa2" by Moody's Investors Service,Inc.("Moody's")and"AA+"by S&P Global Ratings,a division of S&P Global Inc.("S&P"). THE PRELIMINARY OFFICIAL STATEMENT AND COMPLIANCE WITH SEC RITE 15c2-12...The City has prepared the accompanying Preliminary Official Statement and,for the limited purpose of complying with SEC Rule 15c2-12(the"Rule"),deems such Preliminary Official Statement to be final as of its date within the meaning of such Rule for the purpose of review prior to bidding. To the knowledge and belief of the City, the Prcliminary Official Statement contains information, including financial information or operating data, concerning every entity, enterprise, fund, account, or person that is material to an evaluafion of the offering of the Certificates. Representations made and to be made by the City concerning the absence of material misstatements and omissions in the Preliminary Official Statement are addressed elsewhere in this Notice of Sale and Bidding Instructions and in the Preliminary Official Statement The City wi1L furnish to the Initial Purchaser, acting dnnu_or a designated senior representative, in accordance with instruction received from the Initial Purchaser,within seven(7)business days from the sale date, copies of the final Official Statement in such quantity and in the formats as the Initial Purchaser shall request in order for the Initial Purchaser to comply with Section(b)(4)of the Rule and the rules of the Municipal Securities Rulemalcing Board;provided,however,that the cost of any Official Statements in excess of 100 shall be prepared and distributed at the cost of the Initial Purchaser. The cost of any Official Statement in excess of the number specified shall be prepared and distributed at the cost of the Initial Purchaser. The Initial Purchaser shall be responsible for providing in writing the initial reoffering prices and other terms, if any,to the Financial Advisor by the close of the next business day after the award. Except as noted above, rile City assumes no responsibility or obligation for the distribution or delivery of any copies of the Official Statement in connection with the offering or reoffering of the Certificates. CONTINUING DISCLOSURE ACRFEMEN'1'. ..The City will agree in the Ordinance to provide certain periodic information and notices of certain events in accordance with the Rule, as described in the Preliminary Official Statement under the caption "Continuing Disctosure of Information." Tire Initial Purchaser's obligation to accept and pay for the Certificates is conditioned upon delivery to the Initial Purchaser or agent of a certified copy of the Ordinance containing the agreement described under such heading. COMPLIANCE WITH PRIOR UNDERTAKINCS. ..During the last five years, the City believes it has complied in all material respects with its previous continuing disclosure undertakings, entered into pursuant to the Rule, except as described in the Official Statement under"CONTINUING DISCLOSURE OF INFORMATION—Compliance with Prior Undertakings". ADDITIONAL COFIES OF NOTICE,BID FORM,AND STATEMENT. . .A limited number of additional copies of this Notice of Sale and Bidding Instructions,the Official Bid Form,and the Preliminary Official Statement,as available over and above the normal mailing, may be obtained at the offices of FirstSouthwcst,777 Main Street, Suite 1200, Fort Worth, Texas 76102, Financial Advisor to the Citv. In the event the City accepts a bid for the Certificates,on the date of the sale,the City will,in the Ordinance authorizing the issuance of the Certificates,confirm its approval of the form and content of the Preliminary Official Statement,and any addenda,supplement, or amendment thereto,and authorize its use in the reoffering of the Certificates by the Initial Purchaser. T.OSCAR TREVINO,IR. Mayor City of North Richland Hills,Texas ATTEST: ALICIA RICHARDSON City Secretary May 31,2017 vii BOND YEARS* Bonds Accumulated Bonds Maturing Amount Bond Years Bond Years Maturing 2018 475,000 282.361 282.361 2018 2019 370,000 749.389 1,031.750 2019 2020 470,000 1,219.389 2,251.139 2020 2021 470,000 1,689589 3,940.528 2021 2022 470,000 2,159.389 6,099.917 2022 2023 470,000 2,629.389 8,729306 2023 2024 470,000 3,099389 11,828.694 2024 2025 470,000 3,569.389 15,398.083 2025 2026 465,000 3,996.417 19,394.500 2026 2027 465,000 4,461.417 23,855.917 2027 2028 285,000 3,019.417 26,875.333 2028 2029 285,000 3,304.417 30,179.750 2029 2030 285,000 3,589.417 33,769.167 2030 2031 285,000 3,874.417 37,643.583 2031 2032 285,000 4,159.417 41,803.000 2032 2033 285,000 4,444.417 46,247.417 2033 2034 285,000 4,729.417 50,976.833 2034 2035 285,000 5,014.417 55,991.250 2035 2036 285,000 5,299.417 61,290.667 2036 2037 285,000 5,584.417 66,875.083 2037 Average Maturity. . . .. . . . . . . . . . . . . . . . . . . . . . . . . 8.863 Years * Preliminary, subject to change. See "The Certificates - Adjustment of Principal Amounts and/or Types of Certificates" in the Notice of Sale and Bidding Instructions. OFFICIAL BID FORM Honorable Mayor and City Council June 12,2017 City of North Richland Hills,Texas Honorable Mayor and Members of the City Council: Rc$renec is made to your Preliminary Official Statement and Notice of Sale and Bidding Instructions, dated May 31, 2017 of $7,545,000'"CITY OF NORTH RICHLAND HILLS, TEXAS TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE)REVENUE CERTIFICATES OF OBLIGATION,SERIES 2017,both of which constitute a part hereof. For your legally issued Certificates,as described in said Notice of Sale and Bidding Instructions and Preliminary Official Statement, we will pay you par plus a cash premium of$362,160.00 for Certificates maturing and bearing interest as follows: Principal Interest Principal Interest Principal Interest Maturity Amount* Rate Mawrily Amount* Rate Maturity Amount* Rate 2/15/2016 $475,000 % 2,15/2025 S 470,000 % 2/152031 $ 285,000 % 2/15/2019 470.000 % 215/2026 465,000 % 2/15,2032 285,000 % 2/15/2020 470,000 °% 2,15/2027 465,000 % 2/15,2033 285,000 % 2/15/2021 470,000 % 2/15/2028 285,000 % 2/15;2034 285,000 % 2/152022 470,000 % 2;15/2029 285,00o % 2/15,2035 285,000 % 2/15/2023 470,000 % 2/15/2030 285,000 % 2/152036 285,000 % 2/152024 470,000 % 2/15,2037 285,000 % Of the principal maturities set forth in the table above,term certificates have been created as indicated in the following table(which may include multiple term certificates, one term certificate or no term certificate if none is indicated). For those years which have been combined into a term certificate,the principal amount shown in the table above shall be the mandatory sinking fund redemption amounts in such years except that the amount shown in the year of the term certificate maturity date shall mature in such year The tern certificates created are as follows: Year of Maturity Date First Mandatory Principal Interest February 15 Redemption Amount Rate $ % Our calculation(which is not a part of this bid)of the true interest cost from the above is: TRUE INTEREST COST % The Initial Certificate shall be registered in the name of , which will,upon payment for the Certificates,be canceled by the Paying Agcnt/Rcgistrar. The Certificates will then be registered in the name of Cede &Co.(DTC's partnership nominee),under the Book-Entry-Only System. A bank cashier's check or certified check of the Bank, ,in the amount of$150,900.00, which represents our Good Faith Deposit(is attached hereto)or(has been made available to you prior to the opening of this bid),and is submitted in accordance with the terms as set forth in the Preliminary Official Statement and Notice of Sale and Bidding Instructions. We agree to accept delivery of the Certificates utilizing the Book-Entry-Only System through DTC and make payment for the Initial Certificate in immediately available finds in the Corporate Trust Division,The Bank of New York Mellon Trust Company, N.A., riot later than 10:00 AM, CDT,on July 11, 2017,or thereafter on the date the Certificates arc tendered for delivery,pursuant to the terms set forth in the Notice of Sale and Bidding Instructions. It will be the obligation of the purchaser of the Certificates to complete the DTC Eligibility Questionnaire. * Preliminary, subject to change. See "The Certificates - Adjustment of Principal Amounts and/or Types of Certificates" in the Notice of Sale and Bidding Instructions. For purposes of contracting for the sale of the Certificates, the entity signing the bid form as Purchaser shall be solely responsible for the payment of the purchase price of the Certificates. The Purchaser may serve as a syndicate;manager and contract under a separate agreement with other syndicate members. However,the City is not a party to that agreement and any information provided regarding syndicate managers would be or informational purposes only. Upon notification of conditional verbal acceptance,the undersigned will complete an electronic form of the Certificate of Interested Parties Form 1295 (the "Disclosure Form")through the Texas Ethics Commission's(the"TEC')electronic portal and the resulting certified Disclosure Form that is generated by the TEC's electronic portal will be printed, signed, notarized sent by email to the City's financial advisor at laura.alexander rcD.hilltopsecurities.com. The undersigned understands that the failure to provide the certified Disclosure Form will prohibit the City from providing final written award of the enclosed bid. The undersigned agrees to compty with the terms of the Notice of Site and Bidding Instructions,including the requirements set forth under the caption"Establishment of Issue Price(Hold-the-Offering Price Rule Will Apply if Competitive Sale Requirements are Not Satisfied)." The undersigned agrees to complete,execute,and deliver to the City,it least six business days prior to delivery of the Certificates,a certificate relating to the"issue price"of the Certificates in the form and to the effect accompanying the Notice of Sale and Bidding Instructions,with such changes thereto as may be acceptable m required by the City.The undersign also agrees to provide the City and its consultants, at least 10 business days prior to delivery of the Certificates,a breakdown of its"Underwriting Spread"among the following categories:Takedown,Management Fee(if any),Legal Counsel Fee(if any)and Spread Expenses(if any). We agree to provide in writing the initial reoffering prices and other terms,if any,to the Financial Advisor by the close of the nest business day after the award. Respectfully submitted, Syndicate Members: Name of Underwriter or Manager Authorized Representative Phone Number Signature ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by time City of North Riclmland Hills,Texas,subject to and in accordance with the Notice of Sale and Bidding Instructions,this the 12`s day of June,2017. ATTEST: Mayor City of North Richland Hills,Texas City Secretary $7,545,000* CITY OF NORTH RICHLAND HILLS,TEXAS(TARRANT COUNTY) TAX AND WATERWORKS AND SEWER SYSTEM(LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATIONS,SERIES 2017 ISSUE PRICE CERTIFICATE The undersigned, on behalf of ] (the "Initial Purchaser"), hereby certifies as set forth below with respect to the sale of the above-captioned obligations (the '`Certificates") of the City of North Richland Hills, Texas (the "Issuer"). 1. [reasonably Expected Initial Of Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Certificates to the Public by the Initial Purchaser are the prices listed in Schedule A (the "Expected Offering Prices"). The Expected Offering Prices are the prices for the Maturities of the Certificates used by the Initial Purchaser in formulating its bid to purchase the Certificates. Attached as Schedule B is a true and correct copy of the bid provided by the Initial Purchaser to purchase the Certificates. (b) the Initial Purchaser was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by the Initial Purchaser constituted a firm offer to purchase the Certificates. 2. Defined Terms. (a) Maturity means Certificates with the same credit and payment terms. Certificates with different maturity dates,or Certificates with the same maturity date but different stated interest rates,are treated as separate Maturities. (b) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term `related party" for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership,directly or indirectly. (c) Sale Date means the first day on which there is a binding contract in writing for the sate of a Maturity of the Certificates. The Sale Date of the Certificates is June 12,2017. (d) Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer(or with the lead underwriter to form an underwriting syndicate)to participate in the initial sale of the Certificates to the Public,and fit any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(i)of this paragraph to participate in the initial sale of the Certificates to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Certificates to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986,as amended,and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issucr with respect to certain of the representations set forth in the tax certificate with respect to the Certificates and with respect to compliance with the federal income tax Riles affecting the Certificates, and by Norton Rose Fulbright US LLP in connection with rendering its opinion that the interest on the Certificates is excluded from gross income for federal income tax purposes,the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Certificates. [NAME OF INITIAL PURCHASER:] By: Name: Title: Dated: ,2017 * Preliminary, subject to change. See "Thc Certificates - Adjustment of Principal Amounts and/or Types of Certificates"in the Notice of Sale and Bidding Instructions. SCHEDULE A EXPECTED OFFERING PRICES (Attached) SCHEDULE B COPY OF UNDERWRITER'S BID (Attached) MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: Consider the renewal of the Joint Administration Agreement for the Community Development Block Grant with Tarrant County for Fiscal Year 2018-2020. PRESENTER: Kristin James, Assistant to the City Manager SUMMARY: The joint administrative agreement between the City of North Richland Hills and Tarrant County includes the administration of the Community Development Block Grant Program (CDBG) which the City of North Richland Hills receives direct funding for. The agreement allows the City of North Richland Hills to continue to be a part of the Urban County for the purpose of program planning and implementation for the entire period of the Urban County qualification. GENERAL DESCRIPTION: In order to continue to receive CDBG entitlement funding through 2020, Tarrant County must once again qualify as an Urban County. Entitlement counties must re-qualify every three years for funding. Tarrant County is eligible to receive entitlement grant funds by having a combined population of 200,000 or more from unincorporated areas and participating municipalities. Under the Urban County designation Tarrant County is authorized to undertake essential community development and housing assistance activities without the consent of local governments; therefore, the County must notify local governments that they have the option to be included or excluded from the Urban County designation. North Richland Hills accepted its status to be included in the Urban County and entered into a joint agreement with the urban county in 2014. The City is required to sign a new agreement every three years in order to continue this relationship with Tarrant County. This joint administrative agreement would be effective through 2020. The CDBG Program is one program slated to be cut in the Proposed Fiscal Year 2018 Federal Budget. It is still early in the budget process; therefore, Tarrant County must process these agreements as usual to be considered for funding in 2018. However, the City will not enter into any contracts for which CDBG funds are not available. RECOMMENDATION: Renew the Joint Administration Agreement for the Community Development Block Grant with Tarrant County for Fiscal Year 2018-2020. JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § The CITY OF NORTH RICHLAND HILLS, hereinafter called "City", has accepted a designation by the United States Department of Housing and Urban Development (HUD) as a metropolitan city eligible to receive direct entitlement of Community Development Block Grant (CDBG) funds for the FY 2018-2020 program years, and The CITY OF NORTH RICHLAND HILLS has entered into a cooperative agreement (auto renewing "Resolution" 14-17) with TARRANT COUNTY, hereinafter called "County", to participate in the County's CDBG program as a metropolitan city eligible to receive direct entitlement of CDBG funds, and The CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY have agreed to abide by HUD requirements as detailed in CPD 17-03, in the cooperative agreement (auto renewing "Resolution" 14-17), and in accordance with 24 CFR 570.308 Joint Requests. This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and between the City Council of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY and the parties hereby AGREE as follows: 1. Scope of Tenn of Services. The County through this Joint Administrative Agreement agrees to administer on behalf of the City of NORTH RICHLAND HILLS all activities and requirements of federal, state and local law, and rules and procedures of the United States Department of Housing and Urban Development with regard to the City's Community Development Block Grant entitlement program for the Fiscal Years 2018 through 2020. 2. Distribution-of CDBG. The City shall receive CDBG entitlement program funding from the County as an entitled metropolitan city. The amount of funding shall be equivalent to or greater than what HUD determines annually as the City's entitlement as a metropolitan city. 3. Duties of County. The County shall be responsible for administering all activities related to the City CDBG entitlement program in accordance with 24 CFR 570.500 Subpart "J" Grant Administration, 24 CFR 570.501(b), and 24 CPR 570.503. 4. Duties of the City. The City will approve all City CDBG entitlement program funding decisions. The City will determine specific programs, projects, or any other uses to the extent permitted and consistent with HUD eligible activities. 5. Administrative.Ex ep nses. The County shall retain, for HUD eligible reimbursable administrative costs,, an amount not to exceed TWENTY PERCENT" (20%) of the total annual HUD allocation under 570.205, 570.206 and OMB Circular A-87 and A-133. This Joint Administrative Agreement is executed on behalf of the CITY OF NORTH RI'CHLAND HILLS and TARRANT COUNTY by its duly authorized officials. CITY OF NORTH RICHLAND HILLS Approved as to form and iegaiity: City Attorney Oscar Trevino,MAYOR of Maieshia Farmer, CITY of NORTH RICHLAND IIILLS DATE: ATTESM TARRANT COUNTY, TEXAS Alicia Richardson, City Secretary B. Glen Whitley, COUNTY JUDGE DATE: MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: Consider Resolution No. 2017-022, and Authorize the City Manager to Execute Memoranda of Understanding with the City of Fort Worth and with the cities of Hurst, Bedford, Arlington, Fort Worth and Tarrant County for the FY 2015 and FY 2016 Byrne Justice Assistance Grant Formula Program Awards and Implementation. PRESENTER: Mike Young, Assistant Chief of Police SUMMARY: The U.S. Department of Justice, Bureau of Justice Assistance notified the Police Department that grant funds were allocated to assist in funding law enforcement programs in the City of North Richland Hills under the FY 2015 and FY 2016 Byrne Justice Assistance Grant programs. A Memorandum of Understanding (MOU) must be approved to negotiate the sharing of the funds and facilitate implementation. GENERAL DESCRIPTION: To receive the grant funds, the Bureau of Justice Assistance has required the City of North Richland Hills, the Cities of Hurst, Bedford, Arlington, Fort Worth and Tarrant County to approve an MOU negotiating the sharing of funds with Tarrant County. The City of Fort Worth has agreed to act as the official filing agent for the other cities and Tarrant County. The municipalities involved agreed to confer 25% of their total allocated funds to Tarrant County to satisfy the disparate certification imposed on the group by the Texas Attorney General. Once awarded, an MOU must be approved between the City of Fort Worth and the City of North Richland Hills to facilitate effective implementation in compliance with the Department of Justice program requirements. Under the terms of the FY 2015 MOU, the City of North Richland Hills will receive $9,570.00. The Police Department plans to use the proceeds of this grant award to purchase 32 ballistic helmets to finish equipping all sworn personnel. Under the terms of the FY 2016 MOU the City of North Richland Hills will receive $8,973.00. The Police Department plans to use the proceeds of this grant award to purchase a restraint chair for the detention facility to secure violent prisoners once they are apprehended and 16 tire deflation devices to finish equipping all front-line marked police vehicles. There is MRH no requirement for a cash match under the terms of the Byrne Justice Assistance Grant program. RECOMMENDATION: Approve Resolution No. 2017-022 and authorize the City Manager to execute necessary Memoranda of Understanding for the FY 2015 and FY 2016 Byrne Justice Assistance Grant programs. RESOLUTION NO. 2017-022 WHEREAS, the North Richland Hills Police Department and the Police Departments of Hurst, Bedford, Arlington, and Fort Worth, and the Tarrant County Administrator's Office have tentatively approved a Memorandum of Understanding (MOU) providing for the equitable disbursement of allocated funds awarded under the 2016 Byrne Justice Assistance Grant Program; and North Richland Hills Police Department and the City of Fort Worth have tentatively approved an MOU under the 2015 and the 2016 Byrne Justice Assistance Grant Program to facilitate effective implementation in compliance with the Department of Justice program requirements; WHEREAS, the City of North Richland Hills, Texas has reviewed the 2015 and the 2016 Byrne Justice Assistance Grant Formula Program Award MOUs; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of North Richland Hills, Texas, that the City Manager, be, and is hereby, authorized to execute the 2015 and the 2016 Byrne Justice Assistance Grant Formula Program Award MOUs for the City of North Richland Hills, Texas. PASSED AND APPROVED this 121h day of June, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia Farmer, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Chief of Police CITY SECRETARY CONTRACT NO. THE STATE OF TEXAS COUNTIES OF TARRANT, KNOW ALL BY THESE PRESENT DENTON AND WISE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF FORT WORTH,ARLINGTON, BEDFORD, HURST, NORTH RICHLAND HILLS, AND COUNTY OF TARRANT,TEXAS FY 2016 BYRNE JUSTICE ASSISTANCE GRANT(JAG) FORMULA PROGRAM AWARD This Memorandum of Understanding ("MOU") is made and entered into this day of 2017, by and between the COUNTY of TARRANT, acting by and through its duly authorized representative (hereinafter referred to as COUNTY), the CITY of FORT WORTH, acting by and through its duly authorized representative (hereinafter referred to as CITY), and the Cities of Arlington, Bedford, Hurst, North Richland Hills, acting by and through their duly authorized representatives (hereinafter collectively referred to as SUBRECIPIENTS), located entirely within the State of Texas,witnesseth: WHEREAS, the governing bodies of City, County, and Subrecipients find that the performance of this MOU is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this MOU; and WHEREAS, under the FY 2016 Byrne Justice Assistance Grant (JAG), the Department of Justice (DOJ) has awarded a total of$552,581.00 to be distributed to the parties to this MOU; and WHEREAS, the CITY has agreed to serve as the fiscal agent for the FY 2016 BYRNE JUSTICE ASSISTANCE GRANT(JAG), and distribute all such funds between the cooperating parties; and WHEREAS, the CITY agrees to provide the COUNTY $90,054.00 a portion from the FY 2016 JAG award; SUBRECIPIENTS: ARLINGTON agrees to provide the COUNTY$37,472.00 from the JAG award, BEDFORD agrees to provide the COUNTY$3,848.00 from the JAG award, HURST agrees to provide the COUNTY$3,781.00 from the JAG award, NORTH RICHLAND HILLS agrees to provide the COUNTY$2,991.00 from the JAG award, WHEREAS, the CITY, SUBRECIPIENTS and COUNTY believe it to be in their best interests to reallocate the FY 2016 JAG funds as set forth herein. NOW THEREFORE, the COUNTY and CITY, and SUBRECIPIENTS agree as follows: Section 1. CITY agrees to reimburse the COUNTY a total of$138,146.00 of JAG funds. This total includes the amounts provided by City and Subrecipients outlined above. In no event shall County receive more than $138,146.00 under this MOU. CITY agrees to reimburse SUBRECIPIENT ARLINGTON a total of$112,417.00 of JAG funds. CITY agrees to reimburse SUBRECIPIENT BEDFORD a total of$11,542.00 of JAG funds. CITY agrees to reimburse SUBRECIPIENT HURST a total of$11,342.00 of JAG funds. CITY agrees to reimburse SUBRECIPIENT NORTH RICHLAND HILLS a total of$8,973.00 of JAG funds. Memorandum of Understanding between the Cities of Fort Worth, Arlington, Bedford, Hurst,North Richland Hills,and the County of Tarrant,Texas—FY 16 Byrne Justice Assistance Grant(JAG) 1 of 9 Section 2. The above parties agree to utilize their jurisdiction's individual award as outlined in a separate Memorandum of Understanding between the City of Fort Worth and the individual municipality or county. Section 3. It is expressly understood and agreed that, in the execution of this MOU, no party 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. Section 4. Each party to this MOU will be responsible for its own actions in providing services under this MOU and shall not be liable for any civil liability that may arise from the furnishing of the services by any other party. Section 5. This MOU creates no rights in any third party. Section 6. As to each individual party, this MOU incorporates by reference the terms and conditions contained in the following three additional documents, as if set forth at length herein: (1) the Memorandum of Understanding between the City of Fort Worth and the individual municipality or county; (2) the applicable Grant Award Agreement; and (3)the individual municipality's budget submitted in connection with this grant award. This MOU, including the documents incorporated specifically herein by reference, contains the entire understanding between the parties as to the matters contained herein. Any prior or contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOU. The signature lines for each subrecipient are being executed on individual pages and are attached as part of the MOU. Section 7. The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective Party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this MOU. Memorandum of Understanding between the Cities of Fort Worth,Arlington, Bedford, Hurst,North Richland Hills,and the County of Tarrant,Texas—FY 16 Byrne Justice Assistance Grant(JAG) 2 of 9 IN WITNESS WHEROF, the following authorized representatives execute this agreement: CITY OF FORT WORTH, TEXAS ATTEST: By: Valerie R. Washington City Secretary Assistant City Manager Date: Date: Contract No.: M&C No.: APPROVAL RECOMMENDED: Joel F. Fitzgerald Chief of Police Date: APPROVED AS TO FORM AND LEGALITY: Jo Ann Pate Assistant City Attorney Date: Memorandum of Understanding between the Citi es of Fort Worth, Arlington, Bedford, Hurst,North Richland Hills,and the County of Tarrant,Texas—FY 16 Byrne Justice Assistance Grant(JAG) 3 of 9 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. Name of Employee Title Memorandum of Understanding between the Cities of Fort Worth, Arlington, Bedford, Hurst,North Richland Hills,and the County of Tarrant,Texas—FY 16 Byrne Justice Assistance Grant(JAG) 4of9 COUNTY OF TARRANT, TEXAS By: B. Glen Whitley County Judge APPROVED AS TO FORM: By: Criminal District Attorney's Office Memorandum of Understanding between the Citi es of Fort Worth, Arlington, Bedford, Hurst,North Richland Hills,and the County of Tarrant,Texas—FY 16 Byrne Justice Assistance Grant(JAG) 5 of 9 CITY OF ARLINGTON, TEXAS By: Theron Bowman, PhD. Deputy City Manager Memorandum of Understanding between the Cities of Fort Worth, Arlington, Bedford, Hurst,North Richland Hills,and the County of Tarrant,Texas—FY 16 Byrne Justice Assistance Grant(JAG) 6 of 9 CITY OF BEDFORD, TEXAS By: Roger Gibson City Manager Memorandum of Understanding between the Cities of Fort Worth, Arlington, Bedford, Hurst,North Richland Hills,and the County of Tarrant,Texas—FY 16 Byrne Justice Assistance Grant(JAG) 7 of 9 CITY OF HURST, TEXAS By: Clay Caruthers City Manager Memorandum of Understanding between the Cities of Fort Worth, Arlington, Bedford, Hurst,North Richland Hills,and the County of Tarrant,Texas—FY 16 Byrne Justice Assistance Grant(JAG) 9 of 9 CITY OF NORTH RICHLAND HILLS, TEXAS By: Mark Hindman City Manager Memorandum of Understanding between the Cities of Fort Worth, Arlington, Bedford, Hurst,North Richland Hills,and the County of Tarrant,Texas—FY 16 Byrne Justice Assistance Grant(JAG) 9 of 9 Memorandum of Understanding Between the City of Fort Worth, TX and City of North Richland Hills, TX FY 2015 Byrne Justice Assistance Grant 1. PARTIES. The parties to this Memorandum of Understanding("MOU")are the City of Fort Worth,Texas ("Recipient") and City of North Richland Hills,Texas ("Subrecipient"). 2. AUTHORITY.This MOU sets forth the Recipient's and the Subrecipient's responsibilities under the U.S. Department of Justice ("DOJ"), Bureau of Justice Assistance,Fiscal Year 2015 Byrne Justice Assistance Grant (JAG). 3. PURPOSE. The purpose of this MOU is to enhance the working relationship between the parties in orderto facilitate effective implementation of the FY 2015 Byrne JAG,in compliance with the DOJ Program requirements. Once awarded, grant finds in the amount of$9,570.00 shall provide for partial salary and fringe benefits for a crime victim liaison for the North Richland Hills Police Department as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated by reference as part of this MOU. 4. RESPONSIBILITIES: A. Recipient: 1) The Recipient is the cognizant fiscal agency of the FY 2015 Byrne JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2015 Byrne JAG is awarded, the Recipient shall facilitate and manage the grant throughout the life of the grant, as required by the grant award contract. 3) The Fort Worth Police Department—Program Support Division—Grants and Program Management Section (PSD GPMS) will oversee the administration, procurement, and reporting of the Subrecipients' grant-funded activities. PSD-GPMS shall review, approve, and/or request approval from DOJ for any written requests by Subrecipient to modify the terms of Exhibit A. 4) The Recipient shall reimburse the Subrecipient an amount not to exceed $9,570.00 from available grant funds for approved services and expenses rendered in accordance with the terms of this MOU upon receipt of a proper and verified invoice with satisfactory program accompanying documentation of services provided. The reimbursement made to the Subrecipient shall not exceed actual costs incurred to provide the services under this MOU. Actual costs, both direct and indirect, must be reasonable and allowable as those terms are defined and explained in the Office of Management and Budget 2 CFR Chapter I, Chapter 11, Part 200. MOU between the City of Fort Worth,TX Page 1 of 8 and the City of North Richland Hills,TX—Fiscal Year 2015 Byrne JAG B. Sobreupieat: 1) Participate iux collaborative effort with the Recipient io tile application, administration, and implementation of the l/Y20l5 JAG, collaboration (olast throughout the file o[the grant. 2) Meet all requirements pertaining to administration, procurement, and reporting in connection with the F\,%015 Byrne JAG. Requirements tobo met include those found iu (]) the (}ffi000f Management and Budget circulars, (2) the Office ofJustice Programs Financial Guidelines, (3) Exhibit & to this MA(/, entitled "FY 2Ol5JAG Budget @uouLivo'', which iuincorporated by reference uu part ofthis M()(}' and (4) "Exhibit B" to the MOU, entitled "Award Document" which is incorporated by reference uo part o[1hioMOLL 3) Maintain full documentation supporting fulfillment of the requirements set forth above. All such documentation shall be furnished to Recipient upon request if necessary for Recipient {o fulfill its obligations under the P,/ 20l5 Byrne JAG Grant. lfthis documentation is not maintained and fmirrished to Recipient on request, Recipient may exercise all remedies available under this MOU, including the right to withhold payment 1o8uh"ocipieo|or terminate this A8<)l} uo described herein, 4) Submit to the Recipient monthly performance reports regardless of level of activity. In addition,the Suhrtoipi*ut shall submit program updates and other reports requested by the Recipient arid DO.1 in appropriate formal and on a timely basis; and make available at reasonable 600xv and for reasonable periods records and other programmatic or financial records, books, reports,and supporting documents for reviewing and copying by the Recipient, \/.S. Department nf Justice, Bureau of Justice Assistance o, their authorized representatives, The monthly reports are due to the Recipient no later that) the 15'11 calendar day of the following month. The monthly performance reports must contain the following information: 4\ /\ detailed list uf all projects or activities for which y\/ 20l5 Byrne JAG funds were expended o,obligated during the previous month, including: (1) The name Vf project uractivity; (2) /\ description of jtcx0ruotivkv; uud [}) /\u evaluation o[the completion status ofihe project oractivity. 5) Submit monthly Request for Reimbursement /A!F]1\ forms and vendor report forms with an original signature by an authorized representative to Grant Specialist PSD Fort Worth Police Department, 5O5 West Felix Street, Fort Worth, ?�X 76li5uo later than the 15" calendar day of the month following expenditures. Reimbursements by the Recipient will not be made until after receipt of an acceptable and approved RFR and u monthly programmatic report from the Subruoipieu|. Reimbursements shall bemade within ]0 days receipt ofsaid document,,;. The monthly RF}{s and Vendor Report Forms must contain the following information: m. The amount ofF\, 2Al5 Byrne JAG funds that were expended 1u projects or activities during the previous month; and mnU between the City n/Fort Worth,TX Page uo/o and the City of North Richland Hills,TX-Fiscal Year 2o,o Byrne JAG b. The amount of FY 2015 Byrne JAG funds that were obligated during the previous month. 6\ Submit any and all proposed changes to the attached budget to the Recipient prior to any expenditure deviation from approved budget. No expenditures inconsistent with the attached budget shall be made by SUbrecipient prior to receiving written approval from Recipient. Failure (o obtain pre-approval for deviations from budget may result iuu denial o[reimbursement. 7) Maintain financial, programmatic, and supporting documents, statistical records, and other records pertinent to claims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end nf the federal fiscal year inwhich services were provided. Such records shall be available to Recipient for investigation, examination and audits as necessary. If any litigation, claim, or audit involving these records begins before the fi8h (5)year period expires,the Recipient will notify the Subrecipient of such litigation, claim or audit, and Sokrcuipiomivvi|l br responsible for maintaining the records and documents for not less than three (l) years after the fiuu| conclusion of all litigation, claims, oraudits. Litigation is considered resolved when a firial order is issued, or a written agreement is entered into between the 0()J, Recipient arid Suhruuipioo|. Audits ire considered concluded upon the closure of the audit covering the entire award period. 5. PERFORMANCE. Recipient will monitor and evaluate Subrecipient's performance using the goals and performance standards required io this M<]\l. Substandard performance uy determined by Recipient, including noncompliance with any applicable regulation, will constitute noncompliance with this MOU. If action to correct such substandard performance is not taken 6ySnb,o*ipitnt within ureasonable period of time after being uoiifiod iu writing by Recipient,procedures to suspend *, terminate the &8()l}will be initiated. 6. COMPENSATION. Payment by Recipient to Subrecipient shall require completion of all Recipient 60000 and copies of adequate supporting docucuocUuti0u verifying eligibility of mxp*"o*,. Subr*oi{`iovt will not commingle grant funds with any other funds iu any manner that would prevent Recipient from readily identifying expenditures for the F1' 20l5 Byrne JAG grant. 7^ @Ul0RECIPK|KNT �MONITORII0GAND MANAGEMENT A. Pursuant |o2C.y.l|. Section 2AO.33l, the following iuf6,mutiooio applicable to 8uk,eoipieot^uF`/ 20i5 Byrne JAG Award: /}l Federal Award Identification-2V|5-J)/~AX-A644 /2\ %ukrtcipinu|'o Name-City ufy1ur|h Richland Hills (3) Subrtuipiuu(^» unique entity identifier-O47-485~X24 <4\ Federal Award Identification Number(F/\|N)-20l5^{)]-BX~0644 (5) Federal Award Date- 08/13/2015 m0U between the City m Fort Worth,lx Page 3wu and the City of North Richland Hills,TX--Fiscal Year 2015 Byrne JAC (6) Subaward Period of Performance Start and .End 'Date -- 08/01/2016-09/30/2018 (7) Amount of Federal Funds obligated by this action - $518,315.00 (8)Total Amount of Federal Funds obligated to the Subrecipient- $9,570.00 (9) Federal award project description - FY 15 Justice Assistance Grant Collaboration with Fort Worth, Tarrant County, Arlington, 'Bedford, Hurst, and North Richland Mills. (10) Name of Federal Awarding Agency, Pass-Through Entity - Department of Justice passed through the City of Fort Worth (I I)CFDA Number and 'Name - 16.738 Edward Byrne Memorial Justice Assistance Program (1.2)Identification of whether the award is R&D- This award is not being utilized for research or development. (13) Indirect cost rate for the Federal award- The Subrecipient did not request reimbursement for indirect costs. 8. CERTIFICATIONS IONS A. Subrecipient hereby assures and certifies that: 1. It will comply (and will require any subgramees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victim of Crime Act(42 U.S.C. § 1064(e));The Juvenile Justice and Delinquency'Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 (1S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94);the Americans with Disabilities Act o,l'1990 (42 U.S.C. § 1231-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 2. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, 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 making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 3. If any funds other than Federal appropriated Fnnds 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 grant or cooperative agreement, the Subrecipient shall complete and submit Standard Form — 1.,L, "Disclosure of Lobbying Activities," in accordance with its instructions. 4. If any funds have been paid or will be paid to purchase law enforcement equipment,the Subrecipient shall comply with Executive Order 13688 ("Federal Support for Local Law Enforcement Equipment Acquisition"). The term "law enforcement equipment" includes, but is not limited to administrative equipment such as office furniture and computers. It MOU between the City of Fort Worth,TX Page b of a and,the City of North Richland Hills,TX—Fiscal Year 2015 Byrne JAG also includes military and military-styled equipment, firearms,tactical vehicles, including property covered under 22 C.F.R. 121 and 15 C.F.R. Part 774. 9. POINTS OF CONTACT A. Recipient The primary point of contact for Recipient is Grant Specialist, telephone number: (817) 392-1789, email address: FWPD-Grants-Programs @fortworthtexas.gov. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 505 West Felix Street, Fort Worth,TX 76115, Attention:Grant Specialist. Performance reports should be submitted by the Project Directors of the aforementioned FY 2015 Byrne Justice Assistance Grant programs in writing to Fort Worth Police Department, 505 West Felix Street,Fort Worth,TX 76115, Attention:Grant Specialist. B. Subrecipient The primary point of contact for Subrecipient is Ken Bounds, telephone number: (817) 427-7003 email address: kbounds @nrhtx.com, mailing address: 4301 City Point Drive, North Richland Hills, Texas,76180. C. Recipient and Subrecipient Before any item included in an RFR would be denied as unallowable, Recipient agrees to confer with Subrecipient to allow for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. 10. ENTIRETY OF UNDERSTANDING. This MOU, including Exhibits A and B and any documents incorporated specifically herein by reference, contains the entire understanding between the parties as to the matters contained herein. Any prior or contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOU. 11.IMMUNITY. The Parties and their respective governing bodies do not waive their sovereign immunity by entering into this MOU, and each fully retains all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOU. 12. INDEPENDENT CONTRACTOR. By executing this MOU, the parties agree to work together to secure grant funding for the Adult Drug Court and Mental Health Law Liaison Program as outlined. However, the parties to this MOU do not intend to enter into a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities. Recipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the Recipient. MOU between the City of Fort Worth,TX Page 5 of 8 and the City of North Richland Hills,TX—Fiscal Year 2015 Byrne JAG Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondent Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 13. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws or regulations or with the directives of the City of Fort Worth or City of North Richland Hills. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. Subrecipient agrees that Recipient or its representatives shall, until the expiration of five (5) years after the grant period, have access to and the right to examine any directly pertinent books, documents, papers and have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Recipient shall give Subrecipient reasonable advance notice of intended audits. 14. TERM. This MOU will become effective on the date it is executed by both parties("Effective Date") and remain in effect throughout the grant period (ending September 30, 2018). 15. MODIFICATION AND AMENDMENT. No amendment,modification, or alteration of the terms of this MOU shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 16. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, or (2)received by the other party by United States Mail, registered, return receipt requested, addressed as follows: For the City of Fort Worth: For the City of North Richland Hills: Valerie R. Washington Mark Hindman, City Manager. Assistant City Manager 7301 NE Loop 820 200 Texas Street North Richland Hills, TX 76180 Fort Worth, TX 76115 Copy to: Janice Butler-McGowan at address listed in section 9(a). 17 TERMINATION. It is expressly understood and agreed by and between the parties that this MOU is wholly conditioned upon the actual receipt by Recipient of the FY 2015 Byrne JAG Grant; that all monies distributed to Sub recipient hereunder shall be exclusively form Federal funds received under said grant and not from any other monies of Recipient; and that if such funds are not timely forthcoming, in whole or in party, Recipient may, at its sole discretion, MOU between the City of Fort Worth,TX Page 6 of 8 and the City of North Richland Hills,TX—Fiscal Year 2015 Byrne JAG terminate with MOU and Recipient shall not be liable for payment for any work or services performed by Sub recipient under or in connection with this MOU. This MOU will remain in effect until the later of(1) the expiration of the grant period or (2) the submission of the final report regarding the FY 2015 Justice Assistance Grant to the Department of Justice, unless terminated earlier in accordance with the terms of this MOU. Recipient may terminate this MOU whenever such termination is determined to by in Recipient's best interest, in event of Sub recipient default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. Termination will be effected by written notice to Sub recipient, specifying the portions of the MOU affected andthe effective date oftermination. Subrecipient shall be reimbursed for valid, eligible expenditures made prior to termination. Recipient will have no responsibility or liability for Subrecipient's expenditures or actions occurring after the effective date of termination. 18. SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this MOU. [The remainder of this page was intentionally left blank.] MOLT between the City of Fort Worth,TX Page 7 of 8 and the City of North Richland Hills,TX--Fiscal Year 2015 Byrne JAG ACCEPTED AND AGREED: ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: CITY OF FORT WORTH: By' — By' -- Mark IIindman Valerie R. Washington City Manager Assistant City Manager Date: Date: APPROVED AS TO FORM APPROVAL RECOMMENDED: AND LEGALITY: By: City of North Richland Hills Joel F. Fitzgerald Chief of Police Printed Name: Date: Signature: APPROVED AS TO FORM AND Date: LEGALITY: By: Jo Ann Pate Assistant City Attorney Date: Contract Compliance Manager: Contract Authorization: By signing I acknowledge that I am the person M&C: responsible for the monitoring and administration of this Date Approved: contract, including ensuring all performance and reporting requirements. ATTEST: By — Grant Specialist Mary J. Kayser City Secretary MOU between the City of Fart Worth,TX Page 8 of 8 and the City of North Richland Hills,TX—Fiscal Year 2015 Byrne JAG Exhibit A Budget Narrative City of North Richland Hills- $9,570 Budget Narrative A. Personnel: No funding requested in this category B. Fringe Benefits: No funding requested in this category D. Equipment: No funding requested in this category E. Supplies: $9,568.00 Thirty-two tactical helmets to be issued to field officers to wear when responding to violent critical incidents, Recent violent aggression against police necessitates a higher level of protection for frontline officers. I lelinets complement the department's recent purchase of rifle-resistant body armor to wear during violent critical incidents. These helmets are$299.00 each for a total of$9,568.00 for the project. F. Construction-. No funding requested in this category G. Consultants/Contractors: No funding requested in this category H. Other Costs: No funds are requested in this category I. Indirect Costs: No funds are requested in this category ---- --- y - od � - w w i n- a --- � v °. tip q .., bp d 6 , +• o r' bad � ��. e d 40 eu Cq C of ✓' � a+ r3 'Sr!n a �N L, Ca %r pmi� U a> .5 .o � ': _'� r. G.C�ii N� � O w h O O $ O h m w C q b b Is bp Z3 § qq v © A. w ° , d N G v In o da U to dj N R ., o P+. L1.[ N O w (� d o a v b n d� O - � � e b o m q 0 o � U A+ b n �d C V t C � tl d � a d tlKU h C d U Rt y � o c d v � A A � w d � of zi e W oo Q A d A p c b y o C4 � o •C v d nu•c � �" w P? � � FG w s. eu q, y A d � W V d" d --- ---- ., •� w n19, $ a oh q 9 M C 't bA .� poa ri ts 0 O Y a , a .— v o o c d --- --- � ts y -- o 0 fy o U ti o� n ha h H a E ---------- U \ 7 \ \ \ � \ \ \ \ : - - - - - z » � ) \ « % , \ ? - - -— ---------- � « \ a 2 \ \ \ \ \ ] } \ � - - \ \ \ } ! k ) \ \ ) \ \ ) \ ® a U0 � � \ \-- - - - - - -- m ` ( } ƒ \ $ --—- ——— # \ % _ \ / \ --_ b Y --- ------- d � a o o O r^� ca U a 0 0 -- -- ,;- R� py N!CS O w p V "t5 pp,, U w O N p \ v v y b w ti a V R a d o '13 y b p tl v p U un ^� a tv °� a N W aT3 � c-1, q a v o o Z Z G N h 9 4 W ---------- FW ° p N d °w U v , Op r p.O O C p l n p w u cs o 00 N i.is 'a Sri _ ym w 00 b � = w � r dAM w dA c ao U O O Q+ a7 � O � b c o N N bo N y b 'b ,off P. v .� C r C4., ; Do C U b n M ta ;41 CL CL � o v d ° o eo " a 0 v Ab a� a N Z, R G kl 4 .4 vP H v, H a .. n cp U � $? \ kip \ w �! 1 § t3 ts Z \ 2 \ 5 \ \\ � TWO k5t ~ r \ ) \ \ a: » - - \\ � \ » )j. \ \ } � \ ) ® ¥ f > 2 k } o Q ¥ | , ) -- x . ------------ --------------- --- ---- -- ---------- - --------- - --------- � � H o o y vz o v1 0 odi b .a o � w w w w" d �a q 3 ti _----_- � O = y '1 L Yki b d d v 'n b �. .o c pyr /G of IF M @1 2 A V V sC; H„ m ^� � c o A d A A ! O W « a V 4 � d � m cLV vim. t�E J q k. m d m V MY v o1 U U U -_.________ -------- cn O tv N is �Y {M A y d+ N y --- --- ---- --- y l Y a a a d � f�Qj. o O W Y ------ ---------O ---- ----- ___ _ ________. M � N a O i y O H � N A --- --- ,y! d y a •O � d1�� 07 � � z 03 b " " z m " G J "' y� a V � V abi O .O�r + a � u m w o '4 d N O � O p a w 0 oar, ,bb ou o. U t7Uw °uOV ----- W C � O ry d ,q rvq .) R CV 4rl H R' f N W d H d �. 4 iry a y a d y 1 : A It tie M c p ° O 01 R e c 6S A W � p to o e ------------- � � v w O C l01 3 v .. ---- 'C y O O d'� •o U R U p "". r tp it h b ` y Ck Obq O h Y F' G E"i b ___ V tl COL xr p4p,,, O O p it y W tl ti V V C m( C K qy^ - C M C CQ IIt, v w n d � �C: Q tl em ? F? A G C511 o O o n y ------------ W - ------ d A m v oni o •'� .,yG W wed oA °0 7 6 c � o A t ✓, .� y . U o; C O o o u G o u o O u V m a ti S S -- ----------- U \ \ k } } 06 06 CD ( � w � ) w q ± u / $ / _ ) / � o el \ � — ( Ira ° . ° § ® k \ 2 ) § •® 0 cn ccr } kJaad6 & & a ¥ / j § Exhibit B Award Document ---------------I,--,'---------------------------------- I---------------------------- — I---------------------- -—-------------------- Department of Justice Office of Justice Programs PAGE I OF 9 Bureau of Justice Assistance Grant ------------------ ----- -----------——----------- 1.ILECIPIL1,17 NAME AND ADDRESS(Includiiii,Zip Code) 4,AWARDNUMBER! 2015-D1-BX-0699 -1--------------------------------------------------------------- City of Fort Worth 505 West Felix shsecl 5,PROJECT PERIOD:FROM 10/0112014 to wGum Fort Worth,TX'/6115-3405 BUDGET PERIOD:FROM 1010112014 TO 09/3012018 -----------------—-—--------------------------- 6.ANVARD DATE 08113=5 7.ACTION ----------------------------- --------------------------------------— 2a.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Isifi.1 716000528 to &GRANTEE DUNS No. ------ ----------------- -------------- 073170458 9.PREVIOUS AWARD AMOUNT so - ------------------------------------------------------------------------------—----------------- 3.PROJECT TITLE 10.AMOUNT OF THIS ANVARD $518,315 FY 15 JAG Foogs., ------------------------- ------------------- ILTOIALAIVARD $518,315 ------------------------------------------------------------------------- ---------------------—----------------- 17,SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMI VATIONS AS ARE SET FOR 11 ON THE ATI ALLIED PAGE(S). ---------—---------------------------------------------------------------------------—---------------------------------- 13.STATUTORY AUTHORITY FOR GRANT This podecl is w,,sstod under FY I S(HA-JAG)42 USC 3750,or se,T ------—----------------- 16.738-EDWARD B YRNE MEMORIAL JUSTICEASS)STANCE GRANT PROGRAM ---------------------------- ----------------------------------------- 15.METHOD OF PAYMENT GISIS -------------------------------------------------------------------------- —----------—-------------- AGENCY APPROVAL GRAN'T'EE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME ANDTITLE OF AUTHORIZED GRANTER OFFICIAL Bush.O'Donnell Redol,h).,k,. Director Aunhot City Mast.g. �Atf-u VKV, ------------- 17,SIGNATURE OF APPROVING- -OFFICIAL----------------------------- 19.. SIGNAIJ RECIPIENT--------FICIAL---- tim.nm 'E_PCA..," 1 411#1 —---—---------------------------------------------------------------------AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES -------------------- ---it---PDRIG[0723 FISCAL FUND HUD. DIV. YEAR CODE ACT. OFC. RED. SEE. POM AMOLIN I' X B DI 80 00 00 5t831.5 —----------------------------------- ------------ --- --------—------------------------------------------------ OJII FORM 4000/2(REV45-87)PREVIOUS EDITIONS ARE OBSOLETE. CUP FORM 4000/2(REV.448) ------------ -------- ----- ----------------- ----------------- Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 Of 9 Grant -------------------- ----------------------- ------------------ ------------- ---- PROJECT NUMBER 2015-D]9X�0699 AWARDDAfF 08133/2015 —-— -- --------------------------------------------- —----------------- SPECIAL CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by(lie Department of Justice(DOJ)in 2 C.F.R.Part 2800 "Part 200 Uniform Requirements") apply to this 2015 award from the Office of Justice Programs(OJP), For this 2015 award,the Part 200 Uniform Requirements,which were first adopted by DOJ on December 26,20 14,supersede,among other things,the provisions of 28 C.F.R.Parts 66 and 70,as well as those of2 C.F.R.Parts 215,220,225,and 2M 1f this 2015 award supplements funds previously awarded by OJP under the same award number,the Part 200 Uniforin Requirements apply with respect to all award funds(whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2015 award, Potential availability of grace period for procurement standards; IJnder the Part 200 Uniform Requirements,it time- limited grace period may be available trader certain circumstances to allow for transition from policies and procedures that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards(that is,to those at 2 CYK 200.317 through 200.326), For More information on the Part 200 Unifirmi Requirements,including information regarding the potentially-available grace period described above,see the Office of Justice Programs(OJP)webid(c at http://ojp.gov/funding/Part2000iiiformRequireinents.him. In the event that an award related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of tire Part 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification. 2. The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the DIP website (currently,the"2015 DOI Grants Financial Guide"). 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302)that is approved by the Office for Civil Rights is a violation of the Standard Assurances executed by the recipient,and may result in suspension of funding Until such time as the recipient is in compliance,or termination of the award. 4. The recipient understands and agrees that OJP may withhold award funds,or Trury,impose other related requirements,if the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards, 5. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of tyre enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of DIP. 6. The recipient and any subrecipients urns(promptly refer to the DOI OIG any credible evidence that a principal, employee,agent,subrocipient,contractor,subcontractor,or other person has--(1)submitted a claim for award funds that violates the False Claims Act;or(2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving award funds,Potential fraud,waste,abuse,or misconduct should be reported to the OICY by-mail:Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W.Room 4706 Washington,DC 20530 e-mail:mg.hotIinc@usdcjgov helium: (contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DOJ[DIG welisite at www,tisdoi.gov/oig —— -—-------------------—---------- - - -------------- ------- OJP FORM 4000/2.(REV.4-88) -40 -- ---------- ------------------------------------------- Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 3 OF 9 Grant ----------------------------------------- PROILCTNUMBER 1015-MFTX,0699 AWARD DATE 09/13/2015 ---------------_ -- SPFCIAL CONDITIONS 7. Resurictionsand certifications regarding non-disclosure agreements and related matters No recipient or subrecipient tinder this award,or critity,that receives a contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal chipintraOrn or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other farm issued by a federal department or agency governing the nondisclosure ofda5sified information. 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b. certifies that,if it forms;or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otlICIAViSC restrict(or purport to prohibit or restrict),reporting ofwastc,fraud, or abuse as described above,it will immediately stop any further obligations of award Rinds,will provide prompt written notification to the agency making this award,and will resume(orperarrit resumption onsuch obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized to make subawards or contracts under this award-- a. it representsbut-- (1) it has ditennined that no other entity(fiat the recipiturns application proposes mayor will receive award Rinds (whether through a subaward,contract,or subcontract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b. it certifies that,if it[cams or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the agency making this award,and will resume(or permit resumption off such obligations only if expressly authorized to do so by that agency. 8. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 9. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.CE 28 C.F.R.parts 66,70. -----------------_---- - ----------------------------------------------------------- DIP FORM 4000/2(REV.4-88) Vie) ------------------------------------ -- -------- --------- ----------------- ———------------------------- Department of Justice Office of Justice Programs AWARD CONTINUA'T'ION Bureact of Justice Assistance SHEM' PAGE 4 OF 9 Grant ----- -------------------- ---------------------- ---—— ---------- --------------- -- PROJECI NUMBER 2015-DJ-BX-0699 AWARD DATE 08/13/2015 ---------- —----------------------- —---------------------- ------------------ -—---------------------------- -------------- SPECIAL CONDITIONS 10. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with a successor government-wide system officially designated by OMB and Off). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide it Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on the Office of'Justice Programs web site at littp://N"VNV,ojp,govlfutidingfsam.litni(Award condition:Registration with the System for Award Management and Universal Identifier Requirements),and are incorporated by reference here.This special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his orber name). It. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Rag. 51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies banning employees forn text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 12. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences,meetings,trainings,and other events,including the provision of rood and/or beverages at such events,and costs of attendance at such events.Information on rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOI Grants Financial Guido"). 13, The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award most adhere to the OJP Training Guiding Principles for Grantees and Subgrainces,available at h((p://wwv,ojp,tisdoj,goy/funding/ojptrainiagguidingprinciples.htm. 14. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OR award,and those award funds have been,are being,or are to be used,in whole or in part,for one or more of the identical cost items for which funds are being provided under this OR award,the recipient will promptly notify,in writing,the grant manager for this OR award,and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 15. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for Which financial assistance is provided from those holds,or of the parents or legal guardians of such students. 16. The me 1putut understands and agrees that-(a)No award funds may be used to maintain or establish a computer network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in subsection(a)limits the use of funds necessary for any Federal,State,tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities. 17. A recipient that is eligible under the Part 200 Uniform Requirements to use the"do minions"indirect cost rate described in 2 C.F.P.200.414(0,and that elects to use the"de minimis"indirect cost rate,must advise OR in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements.The"de mortals"rate may be applied only to modified total direct costs(MTDC). 18. The recipient must collect,maintain,and provide to OJP,data that measure the performance and effectiveness of activities trader this award,in the manner,and within the timefirames,specified in the program solicitation,or as otherwise specified by OJP.Data collection supports compliance with the Govemineat Performance and Results Act (OPRA)and the OPRA Modernization Act,and other applicable laws, --------------1-1-1-1 ------------------ -----------------------—1 ——- --------------- ------------- OJP FORM 400012(REV.448) - -------- — —-------------------- ---------- - -—- ------------------ - ---------------- –------------ Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 9 OF Grant —-------------------------------------- — --------------------- --------------------- —-—---—---------------- PROJECTNUMBER 2015-DI EX 0699 AWARD DATE 08/1312015 ------------------- ----------------11 — ----------------------- I-------------- SPECIAL CONDITIONS 19, The recipient agrees 10 Comply With OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits. The recipient agrees to provide to 13JA and OCFO all documentation necessary to complete monitoring tasks,including documentation related to any sobawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/()CFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ1 awards,including,but not limited to:withholdings and/or other restrictions on(lie recipient's access to grant foods;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk grantee;or lamination of an award(s), 20. The recipient agrees to comply with applicable requirements to report first tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation ofthe five most highly compensated executives of the recipient and first-tier sularecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office offustico Programs web site at littp://N "v,ojp,gov/fundingtffata,htiO(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i,c.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 21. The recipient understands and agrees that it has a responsibility to trendier its stibieQipients'compliance with applicable federal civil rights laws. The recipient agrees to submit written Methods of Administration(MOA)for ensuring subrecipienits'compliance to thcOJPs Office for Civil Rights at CivflRigbRsMOA@usrkJ,gov within 90 days of receiving the grant award,and to make supporting documentation available for review upon request by OJP or any other authorized persons. The required elements of the MOA are set forth at bitp://Nvvw.ojp,usduj,gov/fundinglotlicr_requirements.httii,under the heading,"Civil Rights Compliance Specific to State Administering Agencies." 22. In order to promote information sharing and enable interoperability among disparate systems across thejustice and public safety community,ON requires(lie grantee to comply with DOD's Global Justice Information Sharing Initiative (DOD's Global)guidelines and recommendations for this particular grant.Grantee shall conform to tire Global Standards Package(GSP)and all constituent elements,where applicable,as described at- htip://%vww.ii.ojp.gov/gsp__granteondition.Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that Protects shared information,orprovide detailed justification fir-why an alternative approach is recommended. 23. To avoid duplicating existing networks or IT systems in any initiatives funded by BOA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as tire communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 24. The recipient agrees that any information technology system funded or supported by OJP hunts will comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable, Should CUP determine 28 C.F.R.Part 23 to be applicable,CUP may,at its discretion,perform audits of the system,as per file MgUlalkar. Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C, 3789g(c)-(d). Recipient may not satisfy such a fine with federal birds. ----------------- — ------------------------------------------- –---------------- -------------------- —–---------------------- DIP FORM 4002(REV.4-88) qoj ---------- ---------------- Department of Justice Office of Justice Programs AWARI)CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 9 01 � Grant -------------- PROTEC7NUMBER 2015-DJ-13X-0699 AWARD DATE D$/13/201S ------------------------------ SPE'CYAL COND177ONS 25. The grantee agrees Po comply with the applicable requirements of 28 C,F.R.Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are no(pennitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of(his award,faith- based organizations may,in some circumstances,consider religion as a basis for employment. See http://wwv.ojp.gov/abDItt/ocr/cqttal—fbo.litm. 26. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,Including olitionniorn of Institutional Review Board approval,if appropriate,and subject informed consent. 27. Granites agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.Course further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular, section 22,23, 28. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice((JAN)must be submitted via the Grains Management System (OMS)to document changes. 29. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,will complete required online(intemet-based)task force training.Additionally,all future task force members are required to complete this training once during the life of this award,or once every four years if multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www,ctfli.org).This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights)task force performance measurement,personnel selection,and task force oversight and accountability.When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is available regarding this required training and access methods via BIA's web site and the Center for Task Force Integrity and Leadership(www.c(fli.org). 30. Fire recipient agrees to participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request. 31. All procurement(contract)transactions kinder this award must be conducted in a manner that is consistent with applicable Federal and State law,and with Federal procurement standards specified in regulations governing Federal awards to non-Federal entities. Procurement(contract)transactions should be competitively awarded unless circumstances preclude competition. Noncompetitive(e.g.,sole source)procurements by the award recipient in excess of the Simplified Acquisition Threshold(currently$150,000)act on(in the Federal Acquisition Regulation must receive prior approval from the awarding agency,arid must otherwise comply with rules governing such procurements found in the current edition of the OJP Financial Guide, ------------------------ On FORM 40002(REV.4-88) tl ------------------ ----------------------- ------_----------- ------- ---------- ----- Derailment of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAOL 7 OF 9 Grant —------------------__ ----------------------—— I----------—------------- —------------- PROTECT NUMBfili. 2015.11.SX-0699 AWARD DAM 08/1312015 --------------------- ------ ----------------------- ------------------- -— ---------------­----------------I --— ------------ SPECIAL CONDITIONS 32. Approval of(]its award does not indicate approval of any consultant rate at excess of$650 per day.A detailed justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. 33. Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Pan 200 Uriftinn Requirements. Program income earnings and expenditures both must be reported on ilia quarterly Federal Financial Report,SF 425. 34. Award recipients must submit quarterly a Federal Financial Report(SF-425)and annual performance reports through GMS(litips,.//grants.ojp.tisdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA),P.L. 103-62,applicants who receive funding under this solicitation most provide data that measure the results of their work. Therefore,quarterly performance mottles reports must be submitted through BJA's Performance Measurement Tool(PM'F)wei)site(wNvw.bjaperforniancetool,q.org). For more detailed itiftmouttion on reporting and other JAG requirements,refer to the JAG reporting requirements wedepage. Failurem submit required JAG reports by established deadlines may result in the freezing of grant Funds and future High Risk designation. 35. The recipient agrees that Rinds received under this award will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law enforcement activities. 36. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,and guidelines,including the DIP Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawanls under this award. 37, The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG Rinds have a written"mandatory wear"policy in affect.Fiscal agents and state agencies must keep signed certifications on rile for any subriampients,planning to utilize JAC,funds for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place front least all uniformed officers before any JAG funding can be used by the agency for body annor.There are no requirements regarding the nature of the policy other(Iran it being a mandatory wear policy for all uniformed officers while on duty. 38, Ballisdie-resistant and stab-resistant body armor purchased with JAG Rinds may he purchased at any threat level,make or model,from any distributor or manufacturer,as long its the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NO Compliant Body Armor Model List(http://nij.goY).In addition,ballistic-resistant and stab-resistant body armor purchased runs(be American- made.The latest NIJ standard information can be found here:htip://wNvw.Tiii,govltopics/technotogy/body-aiinorYsafety- inblative,hon. 39. JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the Bulletproof Vest Partnership(BVP)program, 40. The recipient is required to establish a trust fund account.(The trust find may or may not be an interest-bearing account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the rdward Byrne Memorial Justice Assistance Good Program(JAG).The recipient also agrees to obligate the grant funds in the trust fund(including any interest earned)during the period of the grant and expend within 90 days thereafter,Any untibligated or unexpended Rinds,including interest earned,must be returned to the Office of Justice Programs at the time of closeout. --------- --------——-------------------------------------- 11-—-------------- --------- ——----- ----------------------- OR FORM 4000/2(RRV.4.88) of -— ------------- ------— ----------- -I------—— ---------- ---------—--------- -----——-------------- ------- Department of'Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET RACE 8 OF 9 Grant ----—- -------------------- ------- --------- --------- --- -----------—---------- ------------ —-------------------- PROJEUNUMBER 2015-DJ-BX-0699 AWARD DATH, 091132015 ---------- -------— --------------------—-- ----------- ---------—- --------------I-----------—--------- ----- SPEC11IL CONDITIONS 41. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgramec. Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. Ifitis determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a subgnmace,or any third party and the activity needs to be undertaken in order to use(liege grant funds,this special condition must first be met. The activities covered by this special condition are: a, New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,it wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; a. A renovation,lease,or any proposed use of building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of new program involving the use of chemicals other than chemicals that are(a)purchased as all incidental component of funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e. Implementation of a program relating to clandestine methamplietainine laboratory operations,including the identification,seizure,or closure of clandestine methamplichimme laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee furtberlinglerstands and agrees to the requirements for implementation of Mitigation Plan,as detailed at http://%Yww.ojp.usdoj.gov/BIA/resotirce/nepa.html,for programs relating to nieflumplieturnme laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 42. BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success glory,sign in to your My BIA account at littps://%Yww.bja.govil,ogiii.aqpx to access the Success Story Submission form. If you do not yet have a My BJA account,please register at littpq://www.bja.gov/profile.Hspx.Ones you register,one of the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web page at htips:l/www.bja.gov/SuccossStoryl,ist.aspx. 43. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited III Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time.The Prohibited Expenditure list may be accessed here:littps://%vww.bja.gov/ftinditig/IA(3CoatTolledPureliaseList.pdf. 44. Recipient understands and agrees that award finds may not be used for items(flat are listed on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA.The Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions may be accessed here:htips://Nv%"Y,bja.gov/funding/JAGControllcdPurchaseList.pdf ------------- — ---------------------—- ---------------------- —------------------—--------------------—- ------------------ OJP FORM 4000/2(REV.4-88) ----------_------------------------------ ------------ Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 9 OF 9 Grant —- --------------------------------------- - - - PRojEe'r NUM A Art 2015-DI-13X-0699 AWARD DATA 08/13/2015 ------------------- --------------------------------------------------------------------I-------- SPECIAL CONDITIONS' 45. Recipient understands and agrees that tho purchase or acquisition of any item an the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,with award funds by art agency will trigger it requirement that the agency collect and retain(for at least 3 years)certain information about the use of 1) any fedorally-acquired Controlled Equipment in the agency's inventory,and 2)any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory,regardless of source;and make that information available to BJA upon request. Details about what information must be collected and retained maybe accessed here:littps:/Iwww,wiiiteliotise,gov/,sitei/defatilt/f'tles/docs/le equipment wg__final._repon final.pdf 46. Recipient understands and agrees that,notwithstanding 2 CPR§200,313,no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third Party,except as described below: a.Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will be required to submit information and certifications to BJA as if it was rcipasaing approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b.Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c.Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to ratify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award,and to abide by any applicable laws and regulations in such disposal. 47. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in it prohibition from further Controlled Expenditure approval tinder this or other federal awards. 48. Recipient may not expend or dravolown funds until the Bureau of Justice Assistance,Office of Justice Programs has received and approved the signed Memorandum of Understanding(MO U)between the disparate jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition. 49. Recipient may not expend or drawdown funds until the Bureau of'Justice Assistance(BJA)has received documentation demonstrating that the state or local governing body review and public comment requirements have been met and a Grant Adjustment Notice(GAN)has been approved releasing this special condition. 50. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any employee of the award recipient at a rate that exceeds I 10%of the maximum annual salary payable to a member of the federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System for that year, (An award recipient may compensate an employee at abigber rate,provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable tinder this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement tinder which this award is madc. --------------------------------- ------------------------------------------------ DIP FORM 400012(REV.4.88) Memorandum of Understanding Between the City of Fort Worth, TX and City of North Richland Hills, TX FY 2016 Byrne Justice Assistance Grant 1. PARTIES. The parties to this Memorandum of Understanding ("MOU") are the City of Fort Worth, Texas ("Recipient") and City of North Richland Hills, Texas ("Subrecipient"). 2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities under the U.S. Department of Justice("DOJ"), Bureau of Justice Assistance, Fiscal Year 2016 Byrne Justice Assistance Grant(JAG). 3. PURPOSE. The purpose of this MOU is to enhance the working relationship between the parties in order to facilitate effective implementation of the FY 2016 Byrne JAG, in compliance with the DOJ Program requirements. A portion of grant funds awarded under the JAG has been allocated to secure grant funding for the Tarrant County Mental Health Law Liaison Program, as outlined in the FY 2016 Byrne JAG agreement titled "Memorandum of Understanding Between the Cities of Fort Worth,Arlington, Bedford,Hurst,North Richland Hills, and County of Tarrant, Texas." In addition to those grant funds, once awarded, grant funds in the amount of$8,973.00 shall provide tire deflation devices that will be used to disable suspect vehicles fleeing form the police and for the purchase a jail restraint chair as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated by reference as part of this MOU. 4. RESPONSIBILITIES: A. Recipient: 1) The Recipient is the cognizant fiscal agency of the FY 2016 Byrne JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2016 Byrne JAG is awarded, the Recipient shall facilitate and manage the grant throughout the life of the grant, as required by the grant award contract. 3) The Fort Worth Police Department—Program Support Division—Grants and Program Management Unit will oversee the administration, procurement, and reporting of the Subrecipient's grant-funded activities. Grants and Program Management Unit shall review, approve, and/or request approval from DOJ for any written requests by Subrecipient to modify the terms of Exhibit A. 4) The Recipient shall reimburse the Subrecipient an amount not to exceed $8,973.00 from available grant funds for approved services and expenses rendered in accordance with the terms of this MOU upon receipt of a proper and verified invoice with satisfactory program accompanying documentation of services provided. The reimbursement made to the Subrecipient shall not exceed actual costs incurred to provide the services under this MOU. Actual costs, both direct and indirect, must be MOU between the City of Fort Worth,TX and the City of North Richland Hills, TX—Fiscal Year 2016 Byrnc JAG Page 1 of 9 reasonable and allowable as those terms are defined and explained in the Office of Management and Budget 2 CFR Chapter 1, Chapter 11, Part 200. B. Subrecipient: 1) Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the FY 2016 JAG, collaboration to last throughout the life of the grant. 2) Meet all statutory, administrative, and other included requirements pertaining to administration,procurement, and reporting in connection with the FY 2016 Byrne JAG. Requirements to be met include those found in (1) the Office of Management and Budget circulars, (2) the Office of Justice Programs Financial Guidelines, (3) Exhibit A to this MOU, entitled "FY 2016 JAG Budget Narrative", which is incorporated by reference as part of this MOU, and (4) "Exhibit B" to the MOU, entitled "Award Document"which is incorporated by reference as part of this MOU. 3) Maintain full documentation supporting fulfillment of the requirements set forth above. All such documentation shall be furnished to Recipient upon request if necessary for Recipient to fulfill its obligations under the FY 2016 Byrne JAG Grant. If this documentation is not maintained and furnished to Recipient on request, Recipient may exercise all remedies available under this MOU, including the right to withhold payment to Subrecipient or terminate this MOU as described herein. 4) Submit to the Recipient monthly performance reports regardless of level of activity. In addition, the Subrecipient shall submit program updates and other reports requested by the Recipient and DOJ in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods records and other programmatic or financial records,books, reports, and supporting documents for reviewing and copying by the Recipient, U.S. Department of Justice, Bureau of Justice Assistance or their authorized representatives. The monthly reports are due to the Recipient no later than the 15`h calendar day of the following month. The monthly performance reports must contain the following information: a) A detailed list of all projects or activities for which FY 2016 Byrne JAG funds were expended or obligated during the previous month, including: (1) The name of project or activity; (2) A description of project or activity; and (3) An evaluation of the completion status of the project or activity. 5) Submit monthly Request for Reimbursement (RFR) forms and vendor report forms with an original signature by an authorized representative to the Grant Specialist, Grants and Program Management Unit,Fort Worth Police Department, 505 West Felix Street,Fort Worth,TX 76115 no later than the 15t"calendar day of the month following expenditures. Reimbursements by the Recipient will not be made until after receipt of an acceptable and approved RFR and a monthly programmatic report from the MOU between the City of Fort Worth,TX and the City of North Richland Hills, TX—Fiscal Year 2016 Byrne JAG Page 2 of 8 Subrecipient. Reimbursements shall be made within 30 days receipt of said documents. The monthly RFRs and Vendor Report Forms must contain the following information: a. The amount of FY 2016 Byrne JAG funds that were expended to projects or activities during the previous month; and b. The amount of FY 2016 Byrne JAG funds that were obligated during the previous month. 6) Submit any and all proposed changes to the attached budget to the Recipient prior to any expenditure deviation from approved budget. No expenditures inconsistent with the attached budget shall be made by Subrecipient prior to receiving written approval from Recipient. Failure to obtain pre-approval for deviations from budget may result in a denial of reimbursement. 7) Maintain financial, programmatic, and supporting documents, statistical records, and other records pertinent to claims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end of the federal fiscal year in which services were provided. Such records shall be available to Recipient for investigation, examination and audits as necessary. if any litigation, claim, or audit involving these records begins before the fifth(5) year period expires,the Recipient will notify the Subrecipient of such litigation, claim or audit, and Subrecipient will be responsible for maintaining the records and documents for not less than three (3) years after the final conclusion of all litigation, claims, or audits. Litigation is considered resolved when a final order is issued, or a written agreement is entered into between the DOJ, Recipient and Subrecipient. Audits are considered concluded upon the closure of the audit covering the entire award period. 5. PERFORMANCE. Recipient will monitor and evaluate Subrecipient's performance using the goals and performance standards required in this MOU. Substandard performance as determined by Recipient, including noncompliance with any applicable regulation, will constitute noncompliance with this MOU. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified in writing by Recipient, procedures to suspend or terminate the MOU will be initiated. 6. COMPENSATION. Payment by Recipient to Subrecipient shall require completion of all Recipient forms and copies of adequate supporting documentation verifying eligibility of expenses. Subrecipient will not commingle grant funds with any other funds in any manner that would prevent Recipient from readily identifying expenditures for the FY 2016 Byrne JAG grant. 7. SUBRECIPIENT MONITORING AND MANAGEMENT A. Pursuant to 2 C.F.R. Section 200.331, the following information is applicable to Subrecipient's FY 2016 Byrne JAG Award: (1) Federal Award Identification—2016—DJ-BX-0716 MOU between the City of Fort Worth,TX and the City of North Richland Hills, TX—Fiscal Year 2016 Byrne JAG Page 3 of 8 (2) Subrecipient's Name—City of North Richland Hills (3) Subrecipient's unique entity identifier— 097-985-824 (4) Federal Award Identification Number (FAIN)—2016-D.I-BX-0716 (5) Federal Award Date—08/26/2016 (6) Subaward Period of Performance Start and End Date— 10/01/2015 —09/30/2019 (7) Amount of Federal Funds obligated by this action- $552,581.00 (8) Total Amount of Federal Funds obligated to the subrecipient- $8,973.00 (9) Federal award project description - FYI Justice Assistance Grant Collaboration with Fort Worth, Tarrant County, Arlington, Bedford, Hurst, and North Richland Hills. (10) Name of Federal Awarding Agency, Pass-Through Entity - Department of Justice passed through the City of Fort Worth (I1)CFDA Number and Name — 16.738 Edward Byrne Memorial Justice Assistance Program (12) Identification of whether the award is R&D- This award is not being utilized for research or development. (13) Indirect cost rate for the Federal award- The Subrecipient did not request reimbursement for indirect costs. S. CERTIFICATIONS A. Subrecipient hereby assures and certifies that: 1. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victim of Crime Act(42 U.S.C. § 1064(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 1231-34); the Education Amendments of ]972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 2. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, 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 making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 3. 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 grant or cooperative agreement, the Subrecipient shall complete and submit Standard Form — LL, "Disclosure of Lobbying Activities," in accordance with its instructions. MOU between the City of Fort Worth,TX and the City of North Richland Hills, TX—Fiscal Year 2016 Byrne JAG Page 4 of 8 4. If any funds have been paid or will be paid to purchase law enforcement equipment, the Subrecipient shall comply with Executive Order 13688 (`Federal Support for Local Law Enforcement Equipment Acquisition"). The term "law enforcement equipment" includes, but is not limited to administrative equipment such as office furniture and computers. It also includes military and military-styled equipment, firearms, tactical vehicles, including property covered under 22 C.F.R. 121 and 15 C.F.R. Part 774. 9. POINTS OF CONTACT A. Recipient The primary point of contact for Recipient is Janice Butler-McGowan, telephone number: (817)392-1789, email address: Janice.Butler-McGowan(cr forhvorthtexas.gov. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention: Grant Specialist. Performance reports should be submitted by the Project Directors of the aforementioned FY 2016 Byrne Justice Assistance Grant programs in writing to Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention: Grant Specialist. B. Subrecipient The primary point of contact for Subrecipient is Jeff Williams, telephone number: (817) 427- 7003 email address: jwilliams fc)mhtx.com, mailing address: 7301 NE Loop 820, North Richland Hills, Texas, 76180. C. Recipient and Subrecipient Before any item included in an RFR would be denied as unallowable, Recipient agrees to confer with Subrecipient to allow for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. 10. ENTIRETY OF UNDERSTANDING. This MOU, including Exhibits A and B and any documents incorporated specifically herein by reference, constitutes the entire understanding between the parties as to the matters contained herein. Any prior or contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOU. 11. IMMUNITY. The Parties and their respective governing bodies do not waive their sovereign immunity by entering into this MOU, and each filly retains all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOU. 12. INDEPENDENT CONTRACTOR. The parties to this MOU do not intend to enter into a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities.Recipient shall operate hereunder as an independent contractor and not as an officer, MOU between the City of Fort Worth,TX and the City of North Richland Hills, TX—Fiscal Year 2016 Byrne JAG Page 5 of 9 agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondent Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 13. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws or regulations or with the directives of the City of Fort Worth or City of North Richland Hills. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. Subrecipient agrees that Recipient or its representatives shall, until the expiration of five (5) years after the grant period, have access to and the right to examine any directly pertinent books, documents, papers and have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Recipient shall give Subrecipient reasonable advance notice of intended audits. 14. TERM. This MOU will become effective on the date it is executed by both parties("Effective Date") and will remain in effect until the later of (1) expiration of the grant period or (2) submission of the final report regarding the FY 2016 Byrne Justice Assistance Grant to the DO.I. 15. MODIFICATION AND AMENDMENT. No amendment, modification, or alteration of the terms of this MOU shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 16. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: For the City of Fort Worth: For the City of North Richland Hills: Janice Butler-McGowan Mark Hindman, City Manager. Grant Specialist 7301 NE Loop 820 City of Fort Worth Police Department North Richland Hills, TX 76180 505 West Felix Street Fort Worth, TX 76115 MOU between the City of Fort Worth,TX and the City of North Richland Hills, TX—Fiscal Year 2016 Byrne JAG Page 6 of 9 Exhibit A Budget North Richland Hills Program Narrative-JAG 2016 The City of North Richland Hills proposes to use JAG funds for law enforcement related activities.The City intends to purchase tire deflation devices that will be used to disable suspect vehicles fleeing from the police. Desperate suspects who are unwilling to stop for the police pose a threat to public safety. The goal is to end each pursuit as quickly and safely as possible. Deflation of tires on fleeing suspect vehicles has proven to be effective for forcing suspects to stop, while minimizing the risks to the public, the suspects, and the police. The Department intends to use the funds remaining in this award to purchase a jail restraint chair to secure violent prisoners once they are apprehended.The restraint chair protects police employees from the assaultive behavior of prisoners and protects the prisoners from harming themselves. In addition, the Department intends to purchase one suicide prevention blanket to prevent non-violent prisoners from harming themselves. Analysis of need Police have limited means available to stop suspects fleeing in vehicles. Pursuits pose a danger to the public. Police need the ability to stop pursuits as quickly and safely as possible. Tire deflation devices provide such a tool. The North Richland Hills Police Department has deployed these devices successfully for a number of years.The Department wishes to equip all marked police vehicles with the devices to better ensure they will be available when needed. Police are also required to hold arrested suspects in custody until they are transferred to the county facility or bonded out. It is sometimes necessary to restrain violent or suicidal prisoners to protect police employees and the prisoners themselves. The restraint chair provides a humane means to restrain violent and suicidal prisoners.The suicide prevention blanket will be used to secure non-violent prisoners show pose a threat to their own safety. Link to outcomes consistent with JAG Apprehending suspected criminals is a well-recognized law enforcement function. Motor vehicles are used frequently by criminal suspect to make an escape after committing crime.Tire deflation devices are a proven method to end vehicle pursuits with minimal risk to the public, police, and the suspects themselves.The jail restraint chair allows the Department to restrain violent prisoners to keep them from harming employees or themselves.The suicide prevention blanket allows the Department to secure non-violent prisoners to keep them from harming themselves. \\\ j \ ; / / / \ \ (\ \ ( \\ \ \ ? � § ±/ j } \ jj \ \ \ \ � � \ / ( ) ) \ ) \ \ jj | \ \) \ � � j �� � ° \ \ \\/ \ } § \ @ - ) - / ( z ( \\ \ ) � ) � \ 6 / § ) § ¥ \ (} ) ( 0 0 0 v> x es 0 U Q W � O F" a � o � W � W a .a p � .a Fz H z � o H z H 0 o w } a a a o a w o �. �' z a � z x w a � � a z v a C C Q CO y W y v �T] z H a z z � z ° a ° U 0. 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Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non-Federal funds that will support the project. Budget Category Federal Request Non-Federal Amounts Total A.Personnel $0 $0 SO B. Fringe Benefits $0 $0 SO C. Travel $0 $0 SO D.Equipment $0 $0 SO E.Supplies 58,859 $ $8,859 F. Construction $0 $0 SO G. Consultants/Contracts $0 $0 SO H.Other $0 $0 SO Total Direct Costs 58,859 $ $8,859 I. Indirect Costs $0 $0 SO TOTAL PROJECT COSTS 58,859 $ $8,859 Federal Request $8,859 Non-Federal Amount $0 Total Project Cost $8,859 Public Reporting Burden Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood. and which impose the least possible burden on you to provide its with information. The estimated average time to complete andfile this application is four(4)hours per application.Ifyou have comments regarding the accuracy ofthis estimate, or suggestions fbr making this form simpler,you can write the Office of Justice Programs, Office of the Chief Financial Officer, 810 Seventh Street,NW, Washington, DC 20531;and to the Public Use Reports Project, 1121-0188, Office of Information and Regulatory Affairs, Office of Managementand Budget, Washington, DC 20503. \\\ j \ ; / / / \ \ (\ \ ( \\ \ \ ? � § ±/ j } \ jj \ \ \ \ � � \ / ( ) ) \ ) \ \ jj | \ \) \ � � j �� � ° \ \ \\/ \ } § \ @ - ) - / ( z ( \\ \ ) � ) � \ 6 / § ) § ¥ \ (} ) ( 0 0 0 v> x es 0 U Q W � O F" a � o � W � W a .a p � .a Fz H z � o H z H 0 o w } a a a o a w o �. �' z a � z x w a � � a z v a C C Q CO y W y v �T] z H a z z � z ° a ° U 0. 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(/ < 0 0 � x 0 V FQ- O O F F V a � a � W � � z w � w v z °z o F 0 3 0 0 u v w7 Q a W A W Gz z � o � z W W w F w a z CC C � O a � x F � F z ¢ z 0 0 V ' V \ ( E 3 / ) \ ? ee / ( = g Z \ a { \/ ® \ \\ \ / \ 7 } § j / & \ \ 3 ) \ { » \ 75 u 2 / 0 0 v. �n 0 V d O T F N C � d •'"• J. O iy � Q p, � O x �. b 0 a a �' 0 z � o d z w �' A w z � � Y z v � v � w �° w F � m F z z o � � � � � C a O V U \ j � \ \ ® ( \ j g \ ° ) \ � ) � \ } ± ) ~ \ \ j Cy _ } / \ \ j \ / \ \ § a } \ 2 \ \ ) a [ \ ( < 3y 3 7 3 j \ \ } \ ® \ J \ j ` j / \ \ � z e \ � z y ) _ j ƒ j ) \ / / j = y ) / ) ) B - < § � : � $ 2 ` � � ( � � � § i w § [ \ ) \ � G � ; \ \ g \ § \ ® \ \ \ ƒ \ / 3 7 3 ( \ « [ ) 2 ) \ \ \ \ \ \ . ) \ \ � \ \ \ ( ) ) \ \ \ \ ( \ \ ( 0 0 0 t» v z? 0 G F¢- J J O C K z z 0 0 w � � F z � � � z � 0 .� a F O F G U W 0 z � O z w > � ' F w ' � O � V � ' Q v � ', z v � ', � a ' F z z 0 0 v \ § \ f j \ / \ / \ \ \ ° \ ) / ) ( ! j \ \ \ \ \ ( k \ \ \ � j - \ ( § f / \ 2E \ � j � \ \ ) / / ± ( \ � j / \ ) ) z k ) ^ ) \ \ � ! ) £ ; z ; { 4 ( 3 ( ( � ( ( 2 \ \ j � � W \ a \ ) 4 ( / � \ \ \ \ \ � \ \ \ / § ■ \ z § ( ) ) ci \ \ \ ( ] IS \ 0 0 0 v, sv ,fi 0 U H � O O .� � F K a' V Q � W o k" Y O � z o �' co o � U G] O Q z � o z w � A w z � C � z U � � 0 v � vF, C � O U v V F � F U � U a � z o a o z z Exhibit B Award Document ------------ ----------------------- -------------------- U.S.Dupamoontorjusuce Office of Justice Programs Bureau of Justice Assistance Grant PAGE I OF 13 ----------- ----------------- ------------------ ---------------------- 1.RECIPIENT NAME AND ADDRESS Britlading Zip C.dc) 4.AWARDNtJMBFR: 2016-DI-BX0716 ---------------------- ------- City mfF.B Worth 505 West Felix Sercet 5.PROJECT PERIOD:FROM 10/01/2015 TO 09/3012019 Fort Wonb,'I'X 76115-3405 BUDGE-TPFRIOD FROM 10/01/2015 TO 0913012019 ------------------ ----------------------- 6.AWARD DATE 08126/2016 7.ACTION ----------- ----------- ------------------------ -------------------- 2..GRANTEE HiS(VENDOR NO. 8.8UPPLEMENTNUMBER Initial 756000528 00 -------------------- ------ 2b.GRANTEE DUNS NO. --------------------- ----------------------- ----073170458 ---------------------- 9,PREVIOUS A WARD AMOUNT S 0 - --------------- - ---------------------------------- -- 3.PROJECT TITLE 10.AMOUNTOFTHIS AWARD $552,581 FY 16 JAG Program - ----------------------- --- -------- 11.TOTAL AWARD $552,581 ------------------ ------------------------------- ---------------------------- --------------- 12.SPECfAl,CONDITIONS THRABONT GRANT PROJECT'JS APPROVED SUBJECTTO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAOEPM. --- ----------------- --- ------------------------------ - --------------------------- - ------------------- 13.STATUTORY DRY AUTHORO Y FOR GRANT I his project is supported male,FY 16HOA-JAG)42 USC 3750,et ssq. -------------- - ----------- --— ------------------ -------- - -—-------------- 14.CATALOG OF DOM EST IC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byme Memorial Jost ice Assistance Grant Program I----------------- ------------------------------ ------------------------------- ------------------ [5,METHOD OF PAYMENT GPRs ------------------- - ------------------- ---------------- ------------------------------------------ AGENCY APPROVAL GRANTREACCEWTANCE -------------------- I ----------------------------- ----—-------------------------I—. �� . - ----------------- 16.TYPE[)NAME AND TITLE OF APPROVING OFFICIAL 18,TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Devise O'Do....ell •Susan Almis Director Assistant City Manager ---------------------------- - --------------------------- 17.SIGNATURE OF APPROVING OFFICIAL 19,SIC, 19A.DATH ----------------------------------- ------- AGENCYUSEO 20.ACCOUNTING CLASSIFICAI ION CODES 21, RDRJO70492 FISCAL FUND BUD. DIV. YEAR CODE ACT. DEC, RED. SUB, POMS AMOUNT X B DI 80 00 00 112111 -------------------------------- --------------------------------- OJP FORM 400012(REV,5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(RSV.4-88) -------------111-------------- I -------------- ----------------------- -------------------- U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACH 2 OF 13 4) Grant _ -—_ ------------------------ - -------------- ---------------------- ------------ PROJECTNUMBER 2016-DJ-AX-0716 AWARD DATE 08/26/2D)6 ----------------------_ ------------- _ ------------------- ------------ SlorCIAL CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by the Department of Justice(DOJ)in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this 2016 award from the Office of Justice Programs(OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this 2016 award supplements funds previously awarded by CUP under the same award number(e.g.,fiands awarded in 2014 or earlier years),the Part 200 Uniform Requirements apply with respect to all foods tinder that award number(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that am obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they rebate to OJP awards and subawards; ("subgrants"),see the Office of Justice Programs(OJP)website at http://ojp.gov/funding/Part200lJxiifonnReqtiirexilents.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification. 2. Compliance with DOI Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the CUP websim (currently,the"2015 DOJ Giants Financial Guide"),including any updated version that may be posted during the period of performance, 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2015,will satisfy this condition. In the event that either the POC or an FPOC fur this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC carters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January f,2015,will satisfy this condition. A list of OJP tramings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available athttp://www.ojp.gov/training/fxnts.htTn. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OUP will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. --------------- ------------------------ ----------------- - ----------------------- ojp FORM 4000/2(RFv.448) --------------------------------------------------------------------------- --------------------- - - - ---------------------------------- U.S.Department ot'Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 13 0 Grant ----------------- ----------------.--------------------------- - -------------------------- PROJECTNUMBER 2016-DJ 13X-0716 AWARD DATE 08/2&2016 --------------- - -------------------------------------------------------- ------------------------ SPECIAL COND1710NS 4. Requirements related to"de minions"indirect cost rate A recipient that is eligible under the Pan 200 Uniform Requirements and other applicable law to use the"do minions" indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"the murimis"indirect cost Due,must advise OJP in writing ofboth its eligibility and its election,and must comply with all associated requirements in the Part 200 (.;into=Requirements. The"de Rumania"rate may be applied only to modified total direct costs(MTDC)as defined by the Part 200 Unifinin Requirements. S. Requirement to report potentially duplicative funding if the recipient currently has other active awards of federal funds,or ifthe recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOI awarding agency(OF or OVW,as appropriate)in writing of the potential duplication,and,if so requested by DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at bttp://www.sani.gov. This includes applicable requirements regarding registration with SAM,as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients (first-tier"subgranatees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/fundingfFxplore/SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person(i.e., unrelated to any business or mar-profit organization that be or she may own or operate in his or her name). 7. All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that- for purposes of federal grants administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement "contract"). The denvils of the requirement for authorization of any subaward are posted on the OR web site at http://ojp.gov/funding/Explora/SubawardAuthorizatioii.litm(Award condition: Award Condition: All subawards ("subgrants")must have specific federal authorization),and are incorporated by reference here. -------------------------------------------------------------------------------------------------------------------------- CUP FORM 400012(REV.4-88) ------------------------------- --------------------_ ---------------- U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 Or 13 Grant ------------------ -------------------------- PROJECT NUMBER 2016-DJ BX-0716 AWARD DATE 08/26/2016 -------------------- __ .1 -------------------------- SMIAL CONDITIONS' 8. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 '["no recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to rise a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OR'considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the DIP web site at http:l/ojp,gov/fLinding/Fxplore/NoricompetitiveProcurement.btin(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract(if contract would exceed$150,000)),and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employers" of the recipient or of any subrecipient. 'rho details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/fundiiig/Explore/ProhibitedCondiict-'I'mfficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OR authority to terminate award)),and are incorporated by reference here. 10. Compliance with applicable miss regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs Of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). It. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to OJP in the manner(including within the timetrames)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GERA Modernization Act,and other applicable laws. 12. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with OR award limits must adhere,to the OR Training Guiding Principles for Grantees and Subgrantees, available at btlp;//ojp.gov/ftindiiig/ojptraininggiiidirigprinciplcs.htni. --------------- --------------------------- -------------------------- - --------------- OJP FORM 400012(REV.A-88) -------------------------------- - ------------------ U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 13 Grant ---------------------------------------------------------------- ------------------------------- PROJECTNUMBER 2016�D1�13X,0716 AWARD DATE 08/26/2016 ----------------------------------------------------------- ------------------------- SPECIAL CONDITIONS 13, Effect of failure to address audit issues The recipient understands and agrees that the DOU awarding agency(OJP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R..Pan 42 that relate to an equal employment opportunity program. 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R,Part 38 The recipient,and Any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries- Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4,2016. Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to bold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantec")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrocipients;that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at littp://www.ecfr.gov/egi- bm/ECFR.?pagc,--browse),by browsing to Title 29-Judicial Administration,Chapter 1,Part 38,under a CFR"correct" data. 17. Restrictions on"lobbying" Federal funds may not be used by the recipient,or any subrecipient("sulagrairce")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,modification or adoption of any law,regulation,or policy,at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient(or subrecipient)would or might fall within the scope of this prohibition,the recipient is to contact OR for guidance,and may not proceed without the express prior written approval of OJP. ------------------------- - - -- -------------------------------------- OJP FORM 4000/2(REV.4-88) -------------- ------ ----- ------------- - --------------- U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 13 0 Grant --------------------------­- I------------— ------------------- ------------------ -------------- PROJECT NUMBER 2016 DJ-BX-0716 AWARD DATE 08/2612016 --------------------------_ ------------ -- -------------------I I I ------------------_- ---------------- SPECIAL CONDITIONS 18. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2016) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general provisions"in the Consolidated Appropriations Act,2016,are set out at http://ojp.gov/fuiidingfFxplore/FY2016- AppropriatioiisLawRestrictioTis.htm,and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,The recipient is to contact OJP for guidance,and may not proceed without the express prior Written approval of OJP. 19. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office ofthe Inspector General (OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other Person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division, 950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotline@usdoj.gov;and/or(3) the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. ------------------- ---------------- -- - ------------------- -------------------- OJP FORM 4000/2(REV,4-88) V0 U.S.Department of Justice Office of Justice programs AWARD CONTINUATION s Bureau of Justice Assistance SHEET RAGE 7 OF 13 a .. Grant ----------------------------. PROJECT NUMBER 2016D1NX-OM AWARD DATE 08/262016 SPFCIAI,CONI)ITIONS 20. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subreeipient("subgmatee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient— a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and _ b. certifies that,if it leams or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or Both- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgmnt"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,10 support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit. or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award fiends to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only i£expressly authorized to do so by that agency. OJR FORM 400012(REV.4-88) -------------------- -- ------- ------ U.S.Department ol'Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE OF 13 6) Grant -------------------------11 11 1-------------------------------------------------------------------------------------------------------------------------------------------------------------------------- PROJECTNUMBlat 2016-DTDXu716 AWARD DATE 08/262016 ------------------------ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SPFCIAL CONDMONS 21. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient most comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,tinder specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds, an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rate,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712, Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance. 22. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipiems("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 23. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with DJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipients access to grant funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). 24. The recipient agrees to comply with applicable requirements to report first-tier subaward%of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award fonds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). 'the details of recipient obligations,which derive from the Federal Funding,Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at littp://ojp.gov/fLtnding/Explore/F`FATA.litm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that tic or she may own or operate in his or her name). 25. Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report,SF 425. OJP FORM 4000/2(REV.4-88) UV U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ° Bureau of Justice Assistance SHEET PAGE v OF 13 0 0.a Grant PROJBC'TNl1MBBR 2016 W-M0916 AWARD DATE, 08!2612016 .SPECIAL CONDLPIONS 26. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOD's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: littp://www.it.ojp.gov/gsp_granteonditiori.Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 27. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 28. The recipient agrees that any information technology system funded or supported by OJP funds will comply will)28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OJP determine 28 C.P.R.Part 23 to be applicable,OR may,at its discretion,perform andits of the system,as per the regulation. Should any violation of 28 C.F.R.Pan 23 occur,the recipient maybe fined as per 42 U.S.C. 3789g(e)-(d). Recipient may not satisfy such a fine with federal funds. 29. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789$and 28 C.F.R Part 22 that are applicable to collection,use,and revelation of data or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 Q.F.R.Part 22 and,in particular, section 22.23. 31. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes 32. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task tome officer,or other task force member of equivalent rank,will complete required online(intemet-based)task force training.Additionally,all future task force members are required to complete this training once during the life of this award,or once every four years if multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.etfli.org).This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and ac ssintability.When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient,Additional information is available regarding this required training and access methods via BJA's web site and the Center her-Task Force Integrity and Leadership(www.etfli.org). 33. The recipient agrees to participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request. OAP FORM 40002(REV.448) ------------------------- ------------------------------------------------------ U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of.lustice Assistance SHEET PAGE 10 01; 13 0 Grant ----------------—-1 -1 11 - 11------------------------------------------------------ ------- -------------------------- PROJEK.TNUMBE'R 2016-WDX-0716 AWARD DKI H 08126/2016 ---------------------- - - --------------------------------------------------------------- -----------------—— ----------------------------- SPECIAL CONDITIONS 34. Approval of this award does not indicate approval of any consultant rate in excess of$650 per clay.A detailed justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. 35. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrancee. Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant,the graince agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a subgrantec,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: a. New construction; It. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e. Implementation of a program relating to clandestine methamphentraine laboratory operations,including the identification,seizin e,or closure of clandestine methamphotannine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at http://www,ojp,tisdoj.gov/BJA/resource/nepa.htmt,for programs relating to methamphetarnme laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program Or activity. 36. The recipient is required to Vstablish a trust fund account.(The trust fund may or may not be an interest-becuirig account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the grant funds in the trust fund(including any interest carried)during the period of the grant and expend within 90 days thereafter.Any urcubligated or unexpended funds,including interest earned,must be returned to the Office of Justice Programs at the time of closeout. 37. JAG funds maybe used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the Bulletproof Vest Partnership(BVP)program. ----------------------------------------------- --------------------- On'FORM 4000/2(REV.4-88) t✓ i -_---------------- ---------------------- -------------------- O.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE I I OF 13 Grant -- ---------------------- ------------------------__ ------- _-- --------- ------------------------------- PROJECTNUMBER 2016-D1-BX0716 AWARD DATE 08120016 --- ------------------------- -------------------------- ----------------------- --------------------------- SPECIAL CONDITIONS 38. Ballistic-resistant and slab-resistam body armor purchased with JAG funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List(http://nijgov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American- made.The latest NIJ standard information can be found here:littp:Hwww.nij.gov/topics/technology/body-amor/safety- initiative.lorn. 39. Thu recipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed certifications on file for any subrecipicans planning to utilize JAG Funds for ballistic-resistant and stab-resistant body arnior purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor.There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 40. The recipient agrees to monitor subaward•under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,arid guidelines,including tire DOJ Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. 41. The recipient agrees that funds received under this award will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law enforcement activities. 42. Award recipients must submit quarterly Federal Financial Reports(SF-425)and semi-animal performance reports through(jMS(https://grants.ojp.us(loj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act(OPRA),P.L. 103-62,applicants who receive funding tinder this solicitation must provide data that measure the results of their work. Therefore,quarterly performance marries reports must be submitted through BIA's Performance Measurenient Tool(PMT)website(www.bijaperforruarcetools.org). For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements wcbpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 43. Any law enforcement agency receiving direct or sub-awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force,racial and ethnic him,de-escalation of conflict,and constructive engagement with the public. 44. BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to your My BJA account at https://www.bja.govff,ogiii.aspx to access the Success Story Submission term. If you do not yet have a My BJA account,please register at hilps://www,bja.gov/profile.wpx.Once you register,one of the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web page at littps://Nvww.bja.gov/SuccessStotyList.aspx. 45. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA.Jbe Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions may be accessed here:htips://www.bja.gov/fuji(fing/JAGControlle(lPtirchasel,ist.pdf ------I - ------------------------- -------------------- -------------------_ OJP FORM 4000/2(REV.4-88) ------------ ----------------------- -------------------- U.S.Dupamoontorjusuce Office of Justice Programs Bureau of Justice Assistance Grant PAGE I OF 13 ----------- ----------------- ------------------ ---------------------- 1.RECIPIENT NAME AND ADDRESS Britlading Zip C.dc) 4.AWARDNtJMBFR: 2016-DI-BX0716 ---------------------- ------- City mfF.B Worth 505 West Felix Sercet 5.PROJECT PERIOD:FROM 10/01/2015 TO 09/3012019 Fort Wonb,'I'X 76115-3405 BUDGE-TPFRIOD FROM 10/01/2015 TO 0913012019 ------------------ ----------------------- 6.AWARD DATE 08126/2016 7.ACTION ----------- ----------- ------------------------ -------------------- 2..GRANTEE HiS(VENDOR NO. 8.8UPPLEMENTNUMBER Initial 756000528 00 -------------------- ------ 2b.GRANTEE DUNS NO. --------------------- ----------------------- ----073170458 ---------------------- 9,PREVIOUS A WARD AMOUNT S 0 - --------------- - ---------------------------------- -- 3.PROJECT TITLE 10.AMOUNTOFTHIS AWARD $552,581 FY 16 JAG Program - ----------------------- --- -------- 11.TOTAL AWARD $552,581 ------------------ ------------------------------- ---------------------------- --------------- 12.SPECfAl,CONDITIONS THRABONT GRANT PROJECT'JS APPROVED SUBJECTTO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAOEPM. --- ----------------- --- ------------------------------ - --------------------------- - ------------------- 13.STATUTORY DRY AUTHORO Y FOR GRANT I his project is supported male,FY 16HOA-JAG)42 USC 3750,et ssq. -------------- - ----------- --— ------------------ -------- - -—-------------- 14.CATALOG OF DOM EST IC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byme Memorial Jost ice Assistance Grant Program I----------------- ------------------------------ ------------------------------- ------------------ [5,METHOD OF PAYMENT GPRs ------------------- - ------------------- ---------------- ------------------------------------------ AGENCY APPROVAL GRANTREACCEWTANCE -------------------- I ----------------------------- ----—-------------------------I—. �� . - ----------------- 16.TYPE[)NAME AND TITLE OF APPROVING OFFICIAL 18,TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Devise O'Do....ell •Susan Almis Director Assistant City Manager ---------------------------- - --------------------------- 17.SIGNATURE OF APPROVING OFFICIAL 19,SIC, 19A.DATH ----------------------------------- ------- AGENCYUSEO 20.ACCOUNTING CLASSIFICAI ION CODES 21, RDRJO70492 FISCAL FUND BUD. DIV. YEAR CODE ACT. DEC, RED. SUB, POMS AMOUNT X B DI 80 00 00 112111 -------------------------------- --------------------------------- OJP FORM 400012(REV,5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(RSV.4-88) -------------111-------------- I -------------- ----------------------- -------------------- U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACH 2 OF 13 4) Grant _ -—_ ------------------------ - -------------- ---------------------- ------------ PROJECTNUMBER 2016-DJ-AX-0716 AWARD DATE 08/26/2D)6 ----------------------_ ------------- _ ------------------- ------------ SlorCIAL CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by the Department of Justice(DOJ)in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this 2016 award from the Office of Justice Programs(OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this 2016 award supplements funds previously awarded by CUP under the same award number(e.g.,fiands awarded in 2014 or earlier years),the Part 200 Uniform Requirements apply with respect to all foods tinder that award number(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that am obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they rebate to OJP awards and subawards; ("subgrants"),see the Office of Justice Programs(OJP)website at http://ojp.gov/funding/Part200lJxiifonnReqtiirexilents.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification. 2. Compliance with DOI Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the CUP websim (currently,the"2015 DOJ Giants Financial Guide"),including any updated version that may be posted during the period of performance, 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2015,will satisfy this condition. In the event that either the POC or an FPOC fur this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC carters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January f,2015,will satisfy this condition. A list of OJP tramings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available athttp://www.ojp.gov/training/fxnts.htTn. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OUP will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. --------------- ------------------------ ----------------- - ----------------------- ojp FORM 4000/2(RFv.448) --------------------------------------------------------------------------- --------------------- - - - ---------------------------------- U.S.Department ot'Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 13 0 Grant ----------------- ----------------.--------------------------- - -------------------------- PROJECTNUMBER 2016-DJ 13X-0716 AWARD DATE 08/2&2016 --------------- - -------------------------------------------------------- ------------------------ SPECIAL COND1710NS 4. Requirements related to"de minions"indirect cost rate A recipient that is eligible under the Pan 200 Uniform Requirements and other applicable law to use the"do minions" indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"the murimis"indirect cost Due,must advise OJP in writing ofboth its eligibility and its election,and must comply with all associated requirements in the Part 200 (.;into=Requirements. The"de Rumania"rate may be applied only to modified total direct costs(MTDC)as defined by the Part 200 Unifinin Requirements. S. Requirement to report potentially duplicative funding if the recipient currently has other active awards of federal funds,or ifthe recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOI awarding agency(OF or OVW,as appropriate)in writing of the potential duplication,and,if so requested by DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at bttp://www.sani.gov. This includes applicable requirements regarding registration with SAM,as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients (first-tier"subgranatees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/fundingfFxplore/SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person(i.e., unrelated to any business or mar-profit organization that be or she may own or operate in his or her name). 7. All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that- for purposes of federal grants administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement "contract"). The denvils of the requirement for authorization of any subaward are posted on the OR web site at http://ojp.gov/funding/Explora/SubawardAuthorizatioii.litm(Award condition: Award Condition: All subawards ("subgrants")must have specific federal authorization),and are incorporated by reference here. -------------------------------------------------------------------------------------------------------------------------- CUP FORM 400012(REV.4-88) ------------------------------- --------------------_ ---------------- U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 Or 13 Grant ------------------ -------------------------- PROJECT NUMBER 2016-DJ BX-0716 AWARD DATE 08/26/2016 -------------------- __ .1 -------------------------- SMIAL CONDITIONS' 8. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 '["no recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to rise a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OR'considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the DIP web site at http:l/ojp,gov/fLinding/Fxplore/NoricompetitiveProcurement.btin(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract(if contract would exceed$150,000)),and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employers" of the recipient or of any subrecipient. 'rho details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/fundiiig/Explore/ProhibitedCondiict-'I'mfficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OR authority to terminate award)),and are incorporated by reference here. 10. Compliance with applicable miss regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs Of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). It. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to OJP in the manner(including within the timetrames)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GERA Modernization Act,and other applicable laws. 12. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with OR award limits must adhere,to the OR Training Guiding Principles for Grantees and Subgrantees, available at btlp;//ojp.gov/ftindiiig/ojptraininggiiidirigprinciplcs.htni. --------------- --------------------------- -------------------------- - --------------- OJP FORM 400012(REV.A-88) -------------------------------- - ------------------ U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 13 Grant ---------------------------------------------------------------- ------------------------------- PROJECTNUMBER 2016�D1�13X,0716 AWARD DATE 08/26/2016 ----------------------------------------------------------- ------------------------- SPECIAL CONDITIONS 13, Effect of failure to address audit issues The recipient understands and agrees that the DOU awarding agency(OJP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R..Pan 42 that relate to an equal employment opportunity program. 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R,Part 38 The recipient,and Any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries- Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4,2016. Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to bold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantec")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrocipients;that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at littp://www.ecfr.gov/egi- bm/ECFR.?pagc,--browse),by browsing to Title 29-Judicial Administration,Chapter 1,Part 38,under a CFR"correct" data. 17. Restrictions on"lobbying" Federal funds may not be used by the recipient,or any subrecipient("sulagrairce")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,modification or adoption of any law,regulation,or policy,at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient(or subrecipient)would or might fall within the scope of this prohibition,the recipient is to contact OR for guidance,and may not proceed without the express prior written approval of OJP. ------------------------- - - -- -------------------------------------- OJP FORM 4000/2(REV.4-88) -------------- ------ ----- ------------- - --------------- U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 13 0 Grant --------------------------­- I------------— ------------------- ------------------ -------------- PROJECT NUMBER 2016 DJ-BX-0716 AWARD DATE 08/2612016 --------------------------_ ------------ -- -------------------I I I ------------------_- ---------------- SPECIAL CONDITIONS 18. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2016) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general provisions"in the Consolidated Appropriations Act,2016,are set out at http://ojp.gov/fuiidingfFxplore/FY2016- AppropriatioiisLawRestrictioTis.htm,and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,The recipient is to contact OJP for guidance,and may not proceed without the express prior Written approval of OJP. 19. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office ofthe Inspector General (OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other Person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division, 950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotline@usdoj.gov;and/or(3) the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. ------------------- ---------------- -- - ------------------- -------------------- OJP FORM 4000/2(REV,4-88) V0 U.S.Department of Justice Office of Justice programs AWARD CONTINUATION s Bureau of Justice Assistance SHEET RAGE 7 OF 13 a .. Grant ----------------------------. PROJECT NUMBER 2016D1NX-OM AWARD DATE 08/262016 SPFCIAI,CONI)ITIONS 20. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subreeipient("subgmatee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient— a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and _ b. certifies that,if it leams or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or Both- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgmnt"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,10 support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit. or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award fiends to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only i£expressly authorized to do so by that agency. OJR FORM 400012(REV.4-88) -------------------- -- ------- ------ U.S.Department ol'Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE OF 13 6) Grant -------------------------11 11 1-------------------------------------------------------------------------------------------------------------------------------------------------------------------------- PROJECTNUMBlat 2016-DTDXu716 AWARD DATE 08/262016 ------------------------ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SPFCIAL CONDMONS 21. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient most comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,tinder specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds, an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rate,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712, Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance. 22. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipiems("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 23. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with DJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipients access to grant funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). 24. The recipient agrees to comply with applicable requirements to report first-tier subaward%of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award fonds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). 'the details of recipient obligations,which derive from the Federal Funding,Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at littp://ojp.gov/fLtnding/Explore/F`FATA.litm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that tic or she may own or operate in his or her name). 25. Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report,SF 425. OJP FORM 4000/2(REV.4-88) UV U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ° Bureau of Justice Assistance SHEET PAGE v OF 13 0 0.a Grant PROJBC'TNl1MBBR 2016 W-M0916 AWARD DATE, 08!2612016 .SPECIAL CONDLPIONS 26. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOD's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: littp://www.it.ojp.gov/gsp_granteonditiori.Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 27. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 28. The recipient agrees that any information technology system funded or supported by OJP funds will comply will)28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OJP determine 28 C.P.R.Part 23 to be applicable,OR may,at its discretion,perform andits of the system,as per the regulation. Should any violation of 28 C.F.R.Pan 23 occur,the recipient maybe fined as per 42 U.S.C. 3789g(e)-(d). Recipient may not satisfy such a fine with federal funds. 29. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789$and 28 C.F.R Part 22 that are applicable to collection,use,and revelation of data or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 Q.F.R.Part 22 and,in particular, section 22.23. 31. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes 32. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task tome officer,or other task force member of equivalent rank,will complete required online(intemet-based)task force training.Additionally,all future task force members are required to complete this training once during the life of this award,or once every four years if multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.etfli.org).This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and ac ssintability.When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient,Additional information is available regarding this required training and access methods via BJA's web site and the Center her-Task Force Integrity and Leadership(www.etfli.org). 33. The recipient agrees to participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request. OAP FORM 40002(REV.448) ------------------------- ------------------------------------------------------ U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of.lustice Assistance SHEET PAGE 10 01; 13 0 Grant ----------------—-1 -1 11 - 11------------------------------------------------------ ------- -------------------------- PROJEK.TNUMBE'R 2016-WDX-0716 AWARD DKI H 08126/2016 ---------------------- - - --------------------------------------------------------------- -----------------—— ----------------------------- SPECIAL CONDITIONS 34. Approval of this award does not indicate approval of any consultant rate in excess of$650 per clay.A detailed justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. 35. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrancee. Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant,the graince agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a subgrantec,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: a. New construction; It. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e. Implementation of a program relating to clandestine methamphentraine laboratory operations,including the identification,seizin e,or closure of clandestine methamphotannine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at http://www,ojp,tisdoj.gov/BJA/resource/nepa.htmt,for programs relating to methamphetarnme laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program Or activity. 36. The recipient is required to Vstablish a trust fund account.(The trust fund may or may not be an interest-becuirig account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the grant funds in the trust fund(including any interest carried)during the period of the grant and expend within 90 days thereafter.Any urcubligated or unexpended funds,including interest earned,must be returned to the Office of Justice Programs at the time of closeout. 37. JAG funds maybe used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the Bulletproof Vest Partnership(BVP)program. ----------------------------------------------- --------------------- On'FORM 4000/2(REV.4-88) t✓ i -_---------------- ---------------------- -------------------- O.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE I I OF 13 Grant -- ---------------------- ------------------------__ ------- _-- --------- ------------------------------- PROJECTNUMBER 2016-D1-BX0716 AWARD DATE 08120016 --- ------------------------- -------------------------- ----------------------- --------------------------- SPECIAL CONDITIONS 38. Ballistic-resistant and slab-resistam body armor purchased with JAG funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List(http://nijgov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American- made.The latest NIJ standard information can be found here:littp:Hwww.nij.gov/topics/technology/body-amor/safety- initiative.lorn. 39. Thu recipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed certifications on file for any subrecipicans planning to utilize JAG Funds for ballistic-resistant and stab-resistant body arnior purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor.There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 40. The recipient agrees to monitor subaward•under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,arid guidelines,including tire DOJ Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. 41. The recipient agrees that funds received under this award will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law enforcement activities. 42. Award recipients must submit quarterly Federal Financial Reports(SF-425)and semi-animal performance reports through(jMS(https://grants.ojp.us(loj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act(OPRA),P.L. 103-62,applicants who receive funding tinder this solicitation must provide data that measure the results of their work. Therefore,quarterly performance marries reports must be submitted through BIA's Performance Measurenient Tool(PMT)website(www.bijaperforruarcetools.org). For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements wcbpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 43. Any law enforcement agency receiving direct or sub-awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force,racial and ethnic him,de-escalation of conflict,and constructive engagement with the public. 44. BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to your My BJA account at https://www.bja.govff,ogiii.aspx to access the Success Story Submission term. If you do not yet have a My BJA account,please register at hilps://www,bja.gov/profile.wpx.Once you register,one of the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web page at littps://Nvww.bja.gov/SuccessStotyList.aspx. 45. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA.Jbe Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions may be accessed here:htips://www.bja.gov/fuji(fing/JAGControlle(lPtirchasel,ist.pdf ------I - ------------------------- -------------------- -------------------_ OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION a Bureau of Justice Assistance SHEET' PAGE 12 OF 13 0 a �:, Grant ---------------- ------ - --------- --------- --------- --------- _---------- PROJECT NUMBER 2016 DJ 13X.0716 AWARDDAIE 08/26/2016 SPECIAL CONDITIONS 46. The recipient understands that,pursuant to recommendation 2.1 o£Executive Order 13688,law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on(a)Community Policing;(b)Constitutional Policing;and(c)Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to(a) Appropriate Use of Controlled Equipment;(b)Supervision of Use;(c)Effectiveness Evaluation;(d)Auditing and Accountability;and(e)Transparency and Notice Considerations.Upon OJP's request,the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards,and any related policies and protocols. 47. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,with award funds by an agency will trigger a requirement that the agency collect and retain(for at least 3 years)certain information about the use of 1) any federally-acquired Controlled Equipment in the agency's inventory,and 2)any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory,regardless of source;and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here:https://www.wftitehouse.gov/sites/default/fiiles/does/le_egttipment wg_finat report finalEdf 48. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 49. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditua List at the time of purchase or acquisition,including as the list may be amended from time to time.'rhe Prohibited Expenditure list may be accessed here:https://www.bja.goy/funding/JAG(ControlledPurchaseList.pdf. 50. Recipient understands and agrees that,notwithstanding 2 CFR§200.313,no equipment listed on the Controlled Expenditure List that is purchased tinder this award may be transferred or sold to a third party,except as described below: a.Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund foe the initial purchase of items on the Controlled Expenditure List. b.Agencies may not tnmsfer or sell any riot helmets or riot shields purchased under this award. c.Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings most be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award,and to abide by any applicable laws and regulations in such disposal. 5l. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition. OUP FORM 4000%2(REV.4-88) ( nV' N ---- ---------I —---—- ----------- , ----------- --- -—— --------------- ------------------- U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 13 OF 13 0 Grant -------------------- — ------------ -- ----------------------- -—-- --------- ---------------- PROJECTNUMBER 2016-DJ.BX,0716 AWARD DATE' 08/2&2016 ----------------- ------------ ----------------------- I- - ----------- --------------------- SPECIAL CONDITIONS 52. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,and administrative proceedings connected with(or connected to the performance of)either this OR award or any other grant,cooperative agreement,or procurement contract from the federal government. Under certain circumstances,recipients of 0JI1 awards are required to report information about such proceedings,through ilia federal System for Award Management(known as"SAM"),to the designated federal integrity and performance system (currently,"FAPIIS"). The details of recipient obligations regarding the required reporting(and updating)of information on certain civil, criminal,and administrative proceedings to the federal designated integrity and performance system(currently, "FAPIIS")within SAM are posted on the OJP web site at littp:/Iojp.gov/fuiidiiig/FAPITS.htm(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by reference here. 53. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation demonstrating that the state or local governing body review requirements have been met and a Grant Adjustment Notice(GAN)has been approved releasing this special condition. 54. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation demonstrating that the recipientjurisdiction's public comment requirements have been met and a Grant Adjustment Notice(CAN)has been approved releasing this special condition, 55. Recipient may not expend or drawdown finds until the Buresm of Justice Assistance,Office of Justice Programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice(CAN) informing the recipient of the approval. 56. Withholding-Completion of'Oft financial management and grant administration training"required The recipient may not obligate,expend,or draw down funds tinder this award until--(1)OJP determines that the recipient's Point ofCorruct(POQ and all Financial Points of Contact(FPOCs)for this award have successfully completed an"OJP financial management and grant administration training"on or after January 1,2015,and(2)OJP issues a Grant Adjustment Notice(GAN)to modify or remove this special condition. Once both the POC and all FPOCs have successfully completed the training required by this condition,the recipient may contact the designated grant manager for the award to request initiation of a GAN to remove this conditrom A list of the OR trainings that OJP will consider an"OJP financial management and grant administration training"for purposes of this condition is available at bitp://www.ojp.gov/trairiing/fnits.htni. All tramings that satisfy this condition include a session on grant fraud prevention and detection. ------------------ ---------------- --------------- ----------------------- -------- OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION a Bureau of Justice Assistance SHEET' PAGE 12 OF 13 0 a �:, Grant ---------------- ------ - --------- --------- --------- --------- _---------- PROJECT NUMBER 2016 DJ 13X.0716 AWARDDAIE 08/26/2016 SPECIAL CONDITIONS 46. The recipient understands that,pursuant to recommendation 2.1 o£Executive Order 13688,law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on(a)Community Policing;(b)Constitutional Policing;and(c)Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to(a) Appropriate Use of Controlled Equipment;(b)Supervision of Use;(c)Effectiveness Evaluation;(d)Auditing and Accountability;and(e)Transparency and Notice Considerations.Upon OJP's request,the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards,and any related policies and protocols. 47. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,with award funds by an agency will trigger a requirement that the agency collect and retain(for at least 3 years)certain information about the use of 1) any federally-acquired Controlled Equipment in the agency's inventory,and 2)any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory,regardless of source;and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here:https://www.wftitehouse.gov/sites/default/fiiles/does/le_egttipment wg_finat report finalEdf 48. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 49. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditua List at the time of purchase or acquisition,including as the list may be amended from time to time.'rhe Prohibited Expenditure list may be accessed here:https://www.bja.goy/funding/JAG(ControlledPurchaseList.pdf. 50. Recipient understands and agrees that,notwithstanding 2 CFR§200.313,no equipment listed on the Controlled Expenditure List that is purchased tinder this award may be transferred or sold to a third party,except as described below: a.Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund foe the initial purchase of items on the Controlled Expenditure List. b.Agencies may not tnmsfer or sell any riot helmets or riot shields purchased under this award. c.Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings most be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award,and to abide by any applicable laws and regulations in such disposal. 5l. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition. OUP FORM 4000%2(REV.4-88) ( nV' N ---- ---------I —---—- ----------- , ----------- --- -—— --------------- ------------------- U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 13 OF 13 0 Grant -------------------- — ------------ -- ----------------------- -—-- --------- ---------------- PROJECTNUMBER 2016-DJ.BX,0716 AWARD DATE' 08/2&2016 ----------------- ------------ ----------------------- I- - ----------- --------------------- SPECIAL CONDITIONS 52. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,and administrative proceedings connected with(or connected to the performance of)either this OR award or any other grant,cooperative agreement,or procurement contract from the federal government. Under certain circumstances,recipients of 0JI1 awards are required to report information about such proceedings,through ilia federal System for Award Management(known as"SAM"),to the designated federal integrity and performance system (currently,"FAPIIS"). The details of recipient obligations regarding the required reporting(and updating)of information on certain civil, criminal,and administrative proceedings to the federal designated integrity and performance system(currently, "FAPIIS")within SAM are posted on the OJP web site at littp:/Iojp.gov/fuiidiiig/FAPITS.htm(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by reference here. 53. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation demonstrating that the state or local governing body review requirements have been met and a Grant Adjustment Notice(GAN)has been approved releasing this special condition. 54. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation demonstrating that the recipientjurisdiction's public comment requirements have been met and a Grant Adjustment Notice(CAN)has been approved releasing this special condition, 55. Recipient may not expend or drawdown finds until the Buresm of Justice Assistance,Office of Justice Programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice(CAN) informing the recipient of the approval. 56. Withholding-Completion of'Oft financial management and grant administration training"required The recipient may not obligate,expend,or draw down funds tinder this award until--(1)OJP determines that the recipient's Point ofCorruct(POQ and all Financial Points of Contact(FPOCs)for this award have successfully completed an"OJP financial management and grant administration training"on or after January 1,2015,and(2)OJP issues a Grant Adjustment Notice(GAN)to modify or remove this special condition. Once both the POC and all FPOCs have successfully completed the training required by this condition,the recipient may contact the designated grant manager for the award to request initiation of a GAN to remove this conditrom A list of the OR trainings that OJP will consider an"OJP financial management and grant administration training"for purposes of this condition is available at bitp://www.ojp.gov/trairiing/fnits.htni. All tramings that satisfy this condition include a session on grant fraud prevention and detection. ------------------ ---------------- --------------- ----------------------- -------- OJP FORM 4000/2(REV.4-88) 17 TERMINATION. It is expressly understood and agreed by and between the parties that this MOU is wholly conditioned upon the actual receipt by Recipient of the FY 2016 Byrne JAG Grant; that all monies distributed to Sub recipient hereunder shall be exclusively form Federal funds received under said grant and not from any other monies of Recipient; and that if such funds are not timely forthcoming, in whole or in part, Recipient may, at its sole discretion, terminate with MOU and Recipient shall not be liable for payment for any work or services performed by Sub recipient under or in connection with this MOU. Either party may terminate this MOU at any time, by providing the other party with sixty (60) days' written notice of termination. Recipient may terminate this MOU whenever such termination is determined to by in Recipient's best interest, in event of Sub recipient default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. Termination will be effected by written notice to Sub recipient, specifying the portions of the MOU affected and the effective date of termination. Subrecipient shall be reimbursed for valid, eligible expenditures made prior to termination. Recipient will have no responsibility or liability for Subrecipient's expenditures or actions occurring after the effective date of termination. 18. SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this MOU. [The remainder of this page was intentionally left blank.] MOU between the City of Fort Worth,TX and the City of North Richland Hills, TX—Fiscal Year 2016 Byrnc JAG Page 7 of 8 ACCEPTED AND AGREED: ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: CITY OF FORT WORTH: By: By: Mark Hindman Valerie R. Washington City Manager Assistant City Manager Date: Date: APPROVED AS TO FORM APPROVAL RECOMMENDED: AND LEGALITY: By: City of North Richland Hills Joel F. Fitzgerald Chief of Police Printed Name: Date: Signature: APPROVED AS TO FORM AND Date: LEGALITY: Contract Compliance Manager: By: By signing I acknowledge that I am the Jo Ann Pate person responsible Assistant City Attorney for the monitoring and administration of this contract, including Date: ensuring all performance and reporting requirements. Contract Authorization: Name of Employee M&C: Date Approved: Title ATTEST: By: Mary J. Kayser City Secretary MOU between the City of Fort Worth,TX and the City of North Richland Hills, TX—Fiscal Year 2016 Byrnc JAG Page 8 of 8 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: Consider Resolution No. 2017-025, 2017 Grant from the Office of the Governor to continue the North Texas Anti-Gang Center PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: The City is currently the fiduciary agent for a grant to fund the North Texas Anti-Gang Center (TAG Center). The North Richland Hills Police Department, in cooperation with law enforcement agencies across the area, supports the TAG Center in its mission to reduce violent crime and related activities that are perpetrated by gangs. State grant funding is available through the Governor's Office to continue this project and the funds must again be disbursed to a governmental entity. The Governor's Office has contacted the City of North Richland Hills to continue as the fiduciary for grant. GENERAL DESCRIPTION: The investigative units participating in the TAG Center are the Texas DPS Investigative Unit, the U.S. Homeland Security Investigators Gang Squad, the ATF's Violent Crime Squad and Intelligence Unit, and the FBI's Gang Unit, as well as local municipal and county agencies. The units will have access to the High Intensity Drug Trafficking Area's regional support center located in North Texas. State funding for this project must be disbursed to a governmental entity. As such, the Governor's Office contacted the City of North Richland Hills to again serve as the fiduciary for this grant to continue the TAG Center Project. The grant application requests $1,086,872.60 to continue the program through August 2018. As grantee, the City will coordinate and manage the grant, to include payment and reimbursement of expenditures generated by the North Texas Anti-Gang Center and its contracted on-site project manager and staff. For fiduciary services, the City will receive an amount up to $64,248.80 as an administrative fee for time and resources dedicated to the grant, representing 10% of Modified Total Direct Costs in the grant application. MRH Authorization from Council to apply for the original grant from the Office of the Governor was received on October 13, 2014. This grant is a continuation of the program to cover the TAG Center's annual operations budget for FY 17/18. RECOMMENDATION: Approve Resolution No. 2017-025. RESOLUTION NO. 2017-025 WHEREAS, Law Enforcement Agencies in the North Texas region desire to continue the new North Texas Anti-Gang Center to disrupt and dismantle organized criminal activities by gangs operating in the Metroplex and surrounding areas and have requested that the City of North Richland Hills apply for a grant from the Office of the Governor to fund the program; and, WHEREAS, the Governor's Office has contacted the City of North Richland Hills in regards to making application, and serving as the fiduciary and sponsoring agency for establishing the center which will be a cooperative effort of local, state and federal law enforcement agencies; and, WHEREAS, the City of North Richland Hills, as grantee, will coordinate and manage the grant, to include payment and reimbursement of expenditures necessary to continue the multi-agency North Texas Anti-Gang Center in operational status, and will receive 10% of Modified Total Direct Costs as an administrative fee for such services; and, WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills to authorize the application of the grant to continue the North Texas Anti-Gang Center and to accept the funds from the Office of the Governor and to serve as a fiduciary and sponsoring agency for the grant; WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Criminal Justice Division funds, City of North Richland Hills assures that the funds will be returned to the Criminal Justice Division in full. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS: Section 1: That the recitals referenced above are hereby incorporated into and made a part of this Resolution as if written herein. Section 2: That Public Safety Director Jimmy Perdue is authorized to execute documents necessary for the City of North Richland Hills to apply for and receive a grant from the office of the Governor on behalf of the North Texas Anti-Gang Center and to serve as the fiduciary. PASSED AND APPROVED this the 12th day of June, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia Farmer, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Director of Public Safety ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 2017 SUBJECT: Consider appointing a city council member as mayor pro tem PRESENTER: Alicia Richardson, City Secretary SUMMARY: The purpose of this item is to appoint a member of the Council to serve as mayor pro tem for the term of one year. GENERAL DESCRIPTION: Pursuant to Article A Section 2 of the City Charter, the Council shall select a mayor pro tem from among the seven members of Council. The appointment shall be made at the first regular meeting following the general city election. The mayor pro tem shall, in the absence or disability of the mayor, perform all the mayor's duties. RECOMMENDATION: Appoint a member of council to serve as mayor pro tem for one year. ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 12, 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: Join us for the Mayor's Summer Reading Club at the NRH Public Library. There will be weekly story times and special programs. Participants will also earn prizes for reading. For more information and a calendar of Summer Reading Club activities, visit the Library or go online to library.nrhtx.com. In honor of National Adopt-a-Shelter-Cat Month, the NRH Animal Adoption & Rescue Center is offering adoption specials throughout the month of June. There are many pets waiting for adoption. Please visit the center to find your purr-fect match. Join us for the NRH Amateur Radio Club's annual Field Day exercise on June 24 and 25. Activities will be held at Fire Station No. 5 starting at Noon on Saturday and continuing through Noon on Sunday. For more information, contact Billy Owens at 817- 427-6935. Kudos Korner: Every meeting, we recognize our employees for the great things they do. Tonight we recognize: Debbie Heizer, Neighborhood Services — A resident called to praise Debbie's response regarding illegal dumping outside a vacant building. Debbie quickly investigated, observed someone entering the building and contacted police. Because of Debbie's quick action, the person was arrested and stolen items were recovered. The resident was thankful for Debbie's actions and her service to our community.