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CC 2016-06-13 Agendas
M RH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, JUNE 13, 2016 WORK SESSION: 4:30 PM Held in the City Council Work Room - 3rd Floor CALL TO ORDER 1. Discuss annual budget and plan of municipal services for FY 2015-2016 and planning and program of services for FY 2016-2017. 2. Discuss items from regular City Council meeting. 3. Welcome and introduction - public official, public employee or citizen. 4. Discuss boards and commissions - appointment, review, and attendance. 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. Monday, June 13, 2016 City Council Agenda Page 1 of 4 1 Section 551.071: Consultation with City Attorney to seek advice about pending or threatened litigation or a settlement offer - City of North Richland Hills v. Windward Partners VII, LP, et. al. 2 Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820: (2) Southeast corner of Rufe Snow and NE Loop 820: and (3) 8300 Starnes Road. 3 Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - Southeast corner of Rufe Snow and NE Loop 820 4 Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - city attorney. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers - 3rd Floor A. CALL TO ORDER A.1 INVOCATION A.2 PLEDGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Teen Court Scholarships 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 May 16, 2016 City Council meeting. Monday, June 13, 2016 City Council Agenda Page 2 of 4 B.2 Authorize the City Manager to execute a contract with Tri-Lam Roofing and Waterproofing for building envelope and roof repairs at 6110 Dick Fisher Drive West in the amount of $121,350.00 C. PUBLIC HEARINGS C.1 SUP 2015-06, Ordinance No. 3409, Public Hearing and consideration of a request from Marvin Smith for a Special Use Permit for a Detention Pond on the proposed Smith Farm Addition site located at 7601 Douglas Lane. C.2 SDP 2016-02 Public Hearing and consideration of a request from Detate Property Group, LLC for a Special Development Plan for The Fountains at Iron Horse on 7.910 acres at 6301 Iron Horse Boulevard. D. PLANNING AND DEVELOPMENT D.1 FP 2015-02 Consideration of a request from Marvin Smith for a Final Plat of Smith Farm Addition on 8.00 acres located at 7601 Douglas Lane and an associated Detention/Retention Storage Facility Maintenance Agreement and Water Course Maintenance Agreement. D.2 FP 2016-04 Consideration of a request from Robert Espinosa for a Final Plat of Lot 3, Block 13, Meadowview Estates on 0.969 acres located at 8409 Rumfield Road. E. PUBLIC WORKS F. GENERAL ITEMS F.1 Appointment of mayor pro tem. F.2 Consider Ordinance No. 3414, amending the City's Code of Ordinances Chapter 98, Article XII - Aquatics Facilities. F.3 Consider renewal of professional services agreement for audit services to BKD, LLP 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 Monday, June 13, 2016 City Council Agenda Page 3 of 4 H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on Friday, June 10, 2016 at 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 13, 2016 City Council Agenda Page 4 of 4 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Discuss annual budget and plan of municipal services for FY 2015- 2016 and planning and program of services for FY 2016-2017. PRESENTER: Mark Mills, Director of Budget & Research SUMMARY: Staff will provide Council with an update on the current fiscal year budget and the planning to date for the program of services for fiscal year 2016-2017. GENERAL DESCRIPTION: Staff will provide a presentation updating the City Council on issues related to the Fiscal Year 2015/2016 budget. Staff will also begin discussion of the Fiscal year 2016-2017 budget by providing an economic overview and an overview of the significant revenue and expenditure impacts that have been identified through the budget process to date. These presentations will be followed by an opportunity for staff to address City Council questions. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 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. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Discuss boards and commissions — appointment, review, and attendance. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to discuss and provide direction to staff regarding attendance of board and commission members. GENERAL DESCRIPTION: The City Council approved legislation (Article III. — Board, Commissions and Committees, City Code of Ordinances) that outlines the appointment, review, removal, and training for boards and commissions. Each year elected officials submit nominees to the city secretary, which are placed on the City Council agenda for discussion and action. The terms of office for appointed board/commission members is two years, unless stated otherwise in state law or local ordinances. The appointments coincide with the place number of elected officials. Those elected officials serving in odd-numbered places appoint volunteers to serve in the respective place on such board/commission, likewise for elected officials in even- numbered places. The Mayor recommends nominees who serve as alternates, ex- officio, and as outlined by local ordinances. The terms of office begin on July 1 and end on June 30 of the last year of the appointment. In an effort to assist City Council with the annual appointments, a citizens' pool is maintained by the City Secretary's Office. Citizens interested in serving their community complete and submit applications to the city, which are kept on file for one year. The City Secretary's Office utilizes the "Notify Me" module on the city's website that allows interested citizens to sign up for information, news, or announcements regarding vacancies or annual appointments. As of today, we have 57 subscribers. At the May 16 work session, Mayor Trevino asked that staff place an item on work session to provide Council the opportunity to discuss the boards, commissions, and committees that are appointed by City Council. 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PRESENTER: Cara Leahy White, Assistant City Attorney CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1 ) 7301 NE Loop 820 and (2) Southeast corner of Rufe Snow and NE Loop 820 PRESENTER: Mark Hindman, City Manager CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - Southeast corner of Rufe Snow and NE Loop 820 PRESENTER: Mark Hindman, City Manager CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees — city attorney. PRESENTER: Mark Hindman, City Manager ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Teen Court Scholarship Presentation PRESENTER: Karen Russell, Teen Court Board Chairperson GENERAL DESCRIPTION: The Northeast Tarrant Teen Court Advisory Board created a scholarship donation program to allow the public, as well as teens, to donate to the scholarship fund used to reward and show appreciation to graduating seniors who have participated in the volunteer teen court program. The Teen Court Board is made up of representatives from North Richland Hills, Watauga, Haltom City, and Richland Hills. Scholarship applicants must meet strict criteria to be eligible for scholarship consideration, including years of volunteer service, an essay, high school transcripts, and a short bio for the panel interview with the Teen Court Advisory Board. This year the Teen Court Board would like to award four scholarships, totaling a $5,200 to the following participants: Kendall Jarboe— Graduating Senior from a Home-School program. Kendall began volunteering in our Court in December 2014. She has been an active Teen Attorney and has been active in our Attorney trainings. She competed in the annual Teen Court Competition in April of this year, against 18 other teams. She plans to attend Biola University, in California, and major in Broadcast Journalism. Kayla Margenau — Graduating Senior from Richland High School Kayla began volunteering in our Court in May 2011. She has been an active Teen Attorney, active in our Attorney trainings and competed in the annual Teen Court Competition both this year and last. She plans to attend Tarrant County Community College and major in Criminal Justice. Nicholas Russell — Graduating Senior from Birdville High School Nicholas began volunteering in our Court in June 2011. He has been an active Attorney, active in our Attorney trainings and competed in the annual Teen Court Competition last year. He plans to attend Texas Tech University and major in U.S. History (Pre-law). IgRH NORTH KICHL,AND HILLS Amanda Roach — Graduating Senior from a Home-School program. Amanda began volunteering in our Court in October 2015. She has been an active Attorney since then and expressed that she wished she had known about our Teen Court program a lot sooner. We agree, as she has done a great job representing our program. She plans to attend Texas Wesleyan University and major in Mass Communication. We are very proud of all 4 of these seniors and appreciate their outstanding service to our program. 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. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Approve minutes of the May 16, 2016 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: To approve the minutes of the May 16, 2016 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL , 4301 CITY POINT DRIVE MAY 16, 2016 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 16th day of May 2016 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Absent: David Whitson Mayor Pro Tern 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 Vickie Loftice Managing Director Alicia Richardson City Secretary Cara L. White City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6:00 p.m. 1 DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Mayor Trevino announced that items C.2 (SUP 2015-06) and C.3 (FP May 16, 2016 City Council Meeting Minutes Page 1 of 13 2015-02) would not be considered by City Council this evening. Due to a conflict of interest, Commissioner Randy Shiflet abstained from discussion and voting on the items. Commissioner Shiflet left the meeting, and at that time, the Planning and Zoning Commission did not have a quorum to consider the items. The items would be considered at a future meeting. Mayor Trevino asked City Manager Mark Hindman to place an item on work session to discuss attendance of board and commission members. 2 WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. There was no one present to introduce at the meeting. City Manager Mark Hindman informed Council that Don Wertzberger's official last day with the City of North Richland Hills was Friday, May 13. Mr. Wertzberger is employed as a contract employee on a part-time basis to finish the punch list items remaining for City Hall. 3 YOUTH ADVISORY COMMITTEE 2016 PROJECT PRESENTATION Assistant to the City Manager Kristin James introduced Tyler Berry who presented Council with the Youth Advisory Committee's project. The committee recommends a plan to promote the City's current social media sites. Mr. Berry outlined the reasons to change social media strategies: (1) better engage the city's Millennial and Generation Z population; (2) raise awareness for city events and programs; (3) promote interaction with residents; and (4) create unique city identity. Chair Caroline Beagle reviewed the Committee's proposed changes: (1) better cross promotion of current social media accounts; (2) utilize SnapChat; and (3) hire a social media manager. Ms. Beagle and Mr. Berry responded to questions from Council. May 16, 2016 City Council Meeting Minutes Page 2 of 13 EXECUTIVE SESSION Mayor Trevino announced at 6:17 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.71 : Consultation with City Attorney to seek advice about pending or threatened litigation or a settlement offer - correspondence from Freedom From Religion Foundation; Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820and (2) Southeast corner of Rufe Snow and NE Loop 820; Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - consideration of extension of inury leave for a police officer; and Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - (1) Southeast corner of Rufe Snow and NE Loop 820 and (2) Southeast corner of Boulevard 26 and Rodger Line Road. Executive Session began at 6:23 p.m. and concluded at 7:00 p.m. Mayor Trevino announced at 7:00 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 16, 2016 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Mayor Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 May 16, 2016 City Council Meeting Minutes Page 3 of 13 Absent: David Whitson Mayor Pro Tern Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Cara L. White City Attorney A.1 INVOCATION Council member Rodriguez gave the invocation. A.2 PLEDGE Council member Rodriguez led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.3.1 OATHS OF OFFICE / SWEARING IN CEREMONY The Oath of Office was administered to Mayor Trevino and Council members Wright Oujesky, Barth and Turnage. Mayor Trevino recessed the meeting at 7:28 p.m. for a reception to honor the newly elected officials. Mayor Trevino reconvened the meeting at 7:46 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 May 16, 2016 City Council Meeting Minutes Page 4 of 13 No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED COUNCIL MEMBER TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE MAY 9, 2016 REGULAR CITY COUNCIL MEETING. 13.2 APPROVE CORRECTED MINUTES OF THE APRIL 25, 2016 REGULAR CITY COUNCIL MEETING. 13.3 AUTHORIZE PAYMENT TO THE CITY OF FORT WORTH FOR THE ANNUAL RADIO SYSTEM SERVICES INFRASTRUCTURE IN THE AMOUNT OF $134,676. Mayor Trevino announced that Council would move to item F.1 . F.1 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT APPROVED Assistant to the City Manager Kristin James introduced the item and Chair Caroline Beagles presented the report. Ms. Beagles commented that the committee is in the process of recruiting new members and will be ready to forward recommendations to City Council for the 2016-2017 academic year. The committee was involved in several services project throughout the year that included the Fall Fix-it-Blitz, Hoot n Howl, Night of Holiday Magic and Sounds of Spring. The following members will graduate from the program at end of May: Caroline Beagles, Silviya Bustola, Emily Crowson, Brian Crowson, Brad Pipes, and Ethan Rodriguez-Shah. Council had no questions for the Youth Advisory Committee members. May 16, 2016 City Council Meeting Minutes Page 5 of 13 COUNCIL MEMBER LOMBARD MOVED TO ACCEPT THE YOUTH ADVISORY COMMITTEE'S 2016 YEAR-END REPORT. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C. C. PUBLIC HEARINGS C.1 SDP 2016-03, ORDINANCE NO. 3410, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM OUR COUNTRY HOMES FOR A SPECIAL DEVELOPMENT PLAN FOR IRON HORSE COMMONS ON 27.842 ACRES IN THE 6400 AND 6500 BLOCKS OF IRON HORSE BOULEVARD. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Planning Manager Clayton Comstock informed Council the applicant Our Country Homes is requesting a Special Development Plan for property located at 6400 and 6500 blocks of Iron Horse Boulevard. The area is designated on the comprehensive plan as Transit Oriented Development "TOD" and the current zoning is TOD. The purpose of the TOD 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. Mr. Comstock provided site photos of the property. Applicant representative John Pitstick, 700 West Harwood Road, Hurst, Texas, introduced Dustin Austin and Dan Quinto who were available to answer questions. Applicant representative Dan Quinto, 602 Northwood Trail, Southlake, Texas, informed Council that Our Country Homes understands City Council's vision and goals for the Transit Oriented Development and they will ensure their proposed development is consistent with those goals. Mr. Quinto outlined the proposed plan for the live/work units and mixed May 16, 2016 City Council Meeting Minutes Page 6 of 13 use buildings in the development. The proposed plan will maintain the pedestrian oriented / urban character from the train station. In response to Council member Barth's question, Mr. Quinto commented that the live/work units could be a single story building, but they are anticipating that they will be two story buildings. Mr. Pitstick reviewed the five requested waivers and outlined changes made from their first request. He informed Council that Our Country Homes would be supportive of angled parking as recommended by Kimley Horn's evaluation. Mr. Pitstick further commented that they are requesting on-street parking. If their application is approved, they are requesting that Council authorize the Development Review Committee (DRC) approve any final site plans based on the Transit Oriented Development regulations. In response to Council member Barth's question, Mr. Pitstick informed Council the public art would be located in the plazas in Lots 1 and 2. In response to Council member Welch's question, Mr. Pitstick informed Council that the market will dictate the build out of the three tracts. The smaller homes are selling in the area and they hope to be on the ground with units before the train station. He advised that if their application is approved tonight that they are bringing forward requests to the Planning and Zoning Commission for tracts 1 and 2. Planning Manager Clayton Comstock presented staff's report and recommendations regarding applicant's requested waivers. The Planning and Zoning Commission, at their May 5, 2016 meeting recommended approval with a vote of 6-0. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. May 16, 2016 City Council Meeting Minutes Page 7 of 13 COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE SDP 2016-03, ORDINANCE NO. 3410. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.2 SUP 2015-06, ORDINANCE NO. 3409, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A SPECIAL USE PERMIT FOR A DETENTION POND ON THE PROPOSED SMITH FARM ADDITION SITE LOCATED AT 7601 DOUGLAS LANE. This item was not discussed or considered by the City Council. C.3 FP 2015-02 CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A FINAL PLAT OF SMITH FARM ADDITION ON 8.00 ACRES LOCATED AT 7601 DOUGLAS LANE. This item was not discussed or considered by the City Council. CA ZC 2016-02, ORDINANCE NO. 3408, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARTEC FOR A REVISION TO PLANNED DEVELOPMENT 36 (PD-36) LOCATED IN THE 9000-9100 BLOCKS OF NORTH TARRANT PARKWAY INCLUDING ADJACENT PARCELS ON DAVIS BOULEVARD AND PRECINCT LINE ROAD. APPROVED Mayor Trevino opened the public hearing for items CA and C.5 and called on Principal Planner Clayton Husband to introduce both items. Principal Planner Clayton Husband informed Council the applicant ARTEC is requesting a Planned Development 36 (PD-36) for property located at 9000-9100 blocks of North Tarrant Parkway, to include adjacent parcels on Davis Boulevard and Precinct Line Road. The area is designated on the comprehensive plan as Retail and the current zoning is Planned Development (PD-36). Mr. Husband provided site photos of the property. Applicant representative David Rey, 6800 Weiskopf Avenue, Suite 150, McKinney, Texas, presented request and was available to answer May 16, 2016 City Council Meeting Minutes Page 8 of 13 questions. Principal Planner Clayton Husband presented staffs report and reviewed the applicant's site plan, landscape plan and building elevations. He advised the photometric plan complies with current lighting standards. The replat creates a separate lot for the restaurant and separates it from the existing shopping center site. The Planning and Zoning Commission, at their April 21, 2016 meeting recommended approval with a vote of 4-0 for the zoning change and replat. City Council had no questions for staff or the applicant. 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. COUNCIL MEMBER LOMBARD MOVED TO APPROVE ORDINANCE NO. 3408. COUNCIL MEMBER WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.5 RP 2016-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SUN HOLDINGS FOR A REPLAT OF LOTS 2R1 AND 2R2, BLOCK 1, WAL-MART ADDITION ON 3.91 ACRES LOCATED IN THE 8200 BLOCK OF PRECINCT LINE ROAD. APPROVED This item was presented with item C.4. COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE RP 2016-04. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. May 16, 2016 City Council Meeting Minutes Page 9 of 13 D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT City Council took action on this item earlier in the meeting. F.2 CONSIDER ORDINANCE NO. 3413, ABANDONING AND CLOSING A PORTION OF BIRCHWOOD DRIVE. APPROVED City Engineer Caroline Waggoner presented item and was available to answer questions from Council. City Council had no questions for staff. COUNCIL MEMBER WELCH MOVED TO APPROVE ORDINANCE NO. 3413. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.3 CONSIDER ORDINANCE NO. 3414, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2016 RATE REVIEW MECHANISM FILING. APPROVED Assistant City Manager Karen Bostic presented item and was available to answer questions from Council. The purpose of the request is to approve an ordinance that authorizes the negotiated rate settlement agreement. May 16, 2016 City Council Meeting Minutes Page 10 of 13 City Council had no questions for staff. COUNCIL MEMBER TURNAGE MOVED TO APPROVE ORDINANCE NO. 3414. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Mayor Trevino announced that action is necessary as a result of Executive Session pursuant to the Local Government Code Section 551.074 pertaining to personnel matters. City Manager Mark Hindman informed City Council that the City Charter allows city employees the opportunity to extend on the job injury leave beyond one year. The city received a request from a police officer to consider an extension of their injury leave. COUNCIL MEMBER WELCH MOVED TO APPROVE POLICE OFFICER INJURY LEAVE WITH FULL PAY FOR 45 CALENDAR DAYS FROM THE EXPIRATION OF THE ONE YEAR LEAVE. COUNCIL MEMBER BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Lombard made the following announcements. City Hall and other non-emergency City offices will be closed on Monday, May 30, 2016 for the Memorial Day holiday. The NRH Centre, Iron Horse Golf Course and NRH2O Family Water Park will be open on Memorial May 16, 2016 City Council Meeting Minutes Page 11 of 13 Day. Garbage and recycling will be collected as normal. A project to improve Rufe Snow Drive between Mid Cities and Ridgetop Road will begin soon. The project includes reconstruction of the existing five lane roadway to seven lanes, along with sidewalk and intersection improvements. Motorists should expect lane closures beginning in early June, with one lane remaining open in each direction throughout the project. Construction is expected to take about 22 months to complete. Watch for more information about the project on the city's website. Kudos Korner - Cindy Garvin of the Planning and Development Department - A contractor emailed his appreciation for Cindy's assistance throughout the permit and inspection process. He said, "In a day when so many people just do enough to get by, it is refreshing to work with someone that goes the extra mile to get the job done. She is a blessing to your organization." I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:58 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary May 16, 2016 City Council Meeting Minutes Page 12 of 13 May 16, 2016 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 13, 2016 SUBJECT: Authorize the City Manager to execute a contract with Tri-Lam Roofing and Waterproofing for building envelope and roof repairs at 6110 Dick Fisher Drive West in the amount of$121,350.00 PRESENTER: Chris Amarante, Director of Facilities and Construction SUMMARY: This project will consist of replacing the existing roofing system, caulking, and flashing at 6110 Dick Fisher Drive West, Facilities & Construction/Fleet Services/Fire Maintenance. GENERAL DESCRIPTION: An independent roofing consultant was hired in 2011 to evaluate the conditions of roofs on city facilities. As a result of this evaluation, the consultant recommended the existing built-up roof system at Facilities & Construction/Fleet Services/Fire Maintenance be replaced, sealing the building envelope. The roofing system is original to construction. The new roofing system includes the removal and replacement of the system down to the metal decking, counter flashing, metal coping, and through-wall flashing. In addition to the replacement of the roofing system, all exterior control joints and windows will have the existing caulking removed and new backer rod and caulking installed. The wall between the low and high roof will be power washed and given new wall coating. The City of North Richland Hills is a member of several inter-local groups and utilizes existing contracts with vendors through Local Government Purchasing Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Tri-Lam Roofing and Waterproofing has performed roof replacements and repair projects for the City with favorable project history. This project was approved in the FY2015-2016 Capital Project Budget, project FC1601, for $165,000. IqRH RECOMMENDATION: Authorize the City Manager to execute a contract with Tri-Lam Roofing and Waterproofing for building envelope and roof repairs at 6110 Dick Fisher Drive West in the amount of$121,350.00 Ak TRI-LAM ROOFING & WATERPROOFING Phone: (817)247 65622 965 Enon Ave Everman,Texas 76140 May 27, 2016 To: Ken Raney Project: City of NRIi,Texas Choice Partners Coop #2092415 09-24-2018 Scope of work: Install a new 20year SopremaTotal Roofine System warrantv 1. Remove existing roof down to the metal decking. 2. Install 3.5 Sopra ISO insulation with screws and plates. 3. Install 25/32 wood fiber in hot asphalt. 4. Install Soprema Elastophene Sanded in hot asphalt. 5. Install Soprema Sopralene Flam 180 FR GR in hot asphalt. 6. Install coping cap. 7. Install sheet metal flashing. S. Remove caulking from the control j oints install new backing rod as needed and install new NP-1 caulking. 9. Power wash the existing wall between the lower and higher roof and install new wall coating. 10. Remove the caulking around the windows and install new caulking. 11. Remove the old roof drains and install 6 new cast iron drains. 12. Install new metal counter flashing over the existing canopy. 13. Tri-Lam will furnish two-year contractor warranty. 14. Tri-Lam will furnish all labor and equipment to complete this project. Total $121,350.00 Exclusion: No structural deck repairs,Masonry,Mechanical work and remove any solar panels. Thank you for the opportunity to provide a quote for the above scope of work Please feed free to call me with any questions at 817320 1250 Respectfully submitted, Alfl e //X Tri-Lam Roofing and Waterproofing 817 320 1250 E-mail trilarnjackic(t�/sbcglobal.nct RFP#J2/054P.B Cleaning and All Other Related Surviow, 5.0 CONTRACTTE RAB AND CONDITIONS These ContrautTorms and Condifiwis are part of the final contract in each productard/or service contract awarded as a result of this RFP and are part of the terms and conditions of mob Purchase Order and/or Job Order or proposal forms issued in connection with this UP, Vendors are responsible for identifying any exceptions to these tennis and conditions. ANY EXCEPTIONS MUST BE' NOTED DIRECTLY BELOW EA(-..',H OF THE RESPECTIVE TERMS AND CONDITIONS. proposals that arc qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by F1CDE/CPC and eliminated from further consideration. CONTRACT BETWEEN HARRIS COUNTY DEPARUMN17 OF EDUCATION AND l it ("Vendor") F This Contract is entered,irrGO bctwee.rr H4;lJ;L annul Veruior,having;surbnritt d apxr>prraal irr resporrsc to ItF'P ft 12,/054P.B issued by I-fCL)E,/CPC and whose proposal bas been acceptod and. awarded by 11ME In consideration of the mutual covenants and exoiditions contained in this Conti-act and other good and valualole consideration, the receipt and sufficiency of which are hereby actmowledged, HCDE and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Contract, agree as follows: 5.1. Definitions The terms used in this Contract shall have the meanings assigned to diem in Section 1.o Notice of intent:of the M). 5.2. Use of Contract by flCDE inciribers Vender agrees and undevrtands that this RFP and Contract may be used to accomplish work for HCDE and FICDE members. See Tl-?X GOWT.CODE § 2267,407, 5.3, Contract Terrus; Amendment Tbe terjns and conditions of d-ris Contract shall govern all procurements conducted hereunder. 'No pre-pubtisfied terms on Vendor's Purchase Order, acknowledgments, invoices, of other forms shall have any force or effect unless expressly agreed to by the HCDE imenibc:• and Vendor, No amendment of this Contract shall be pertnifted unless and until first approved in writing by BCDE and, if neecssary, the HCDE member(s), and no such amendment shall have any effect unless sud until a written aniendincot to this Contract is executed by the HCDE Superintendent or his designee after any necessary aj.-YprovA8 have been obtained from the HCDE Board of Trustees. 5.4. Terin of Contract; Renewal of Conti-act The initial tem-1 of this Coutraof is for a foriod of two (2) years, with HCDE having the option to renew the Contract for three (3) additional one-year terms, at HCDE's Mo discretion, UnICSS otbevwisc, specified in Section 6,0 Scope of proposal, See TEX Cl WI% CO17'f1 § 2267409. Consequently, the total tcrin of the ConPact may bo for it period of five (5) year,,, The phrase UT JOC Componeut (revised 6.25.12) Page 22 of 90 1UT#[2/0541113--Waterproofing/Mmonry Restoration,Cleaning and)W Other Related Scrvice,4 "Term" in this Contract shall mean the then-current Term of the Contract, whether an initial term or a ronewal term. 5,5, 'fermlination of Contract This Contract shall remain in effect until (1)the Contract expires by its terms or(2) the Contract is terminated by nnitual consent of HCDE and Vendor. In the event of a breach or default of the Contract and/or the RFP by Vendor, HCDE reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of HCDE and/or HCDE members. HCDE further reserves the right to terminate the Contract immediately in the event Vendor falls to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the UP, this Contract, and/or a Purchase Order or Job Order; (2) make any payments owed; of (3) otherwise perform in accordance with this Contract and/or the RFP. HCDE also reserves the right to terminate [.be Contract immediately, with written notice to Vendor, if HCDE believes, in its sole discretion that: it is in the best interest of HCDE and/or I-JCDE niembeys to (to so. Vendor agrees that HCDE shall not be liable for damages in the event That FICDE declares Vendor to be in default or breach of this Contract and/or the RIT. Vendor furthor agroeq that upon termination of the Contract for any reason,Vendor shall,in good faith and with reasonable cooperation, aid in the transition to any new arrangement and/or Vendor. 5,6, Buy America Act; Prevailing Wage Rates HCDE and HCDE members have a preference for domestic end products for supplies acquired for use in the United States when spending federal funds. Purchases that are made with non-federal funds or grants are excluded from the Buy America Act, Vendor and all subcontractors of Vendor shall comply with all laws regarding prevailing wage rates, including, but not limited to, TEX GOV'T, CODE, Chapter 2258, applicable to the construction of a public work, and any related federal reguirernents, including the DAVIS- BACON ACT. In the event TEX. GOV' •, CODE Chapter 2258 applies to a product or service provided by Vendor to HCDE or an llCDE member, Vendor turd arty subcontractor(s) shall comply with the provailingwage rates set by IICDE or the Iff"DE member. 5.T Change Orders Puntiant to TEX. E'DUC. CODE § 44.(All(a), for HCDE and HCDE incinbers that are Texas school districts, if a change-, in plans or specifications is necessary after the performance of a Job Order and/or Purchase Order has begun or if it is necessary to decrease or increase the quantity of work to be performed or ofinaterials, equipment, or supplies to be furniAcd, the HCDE member may approve change orders making the changes. The total Job Order and/or Fiii-chase,Order price may not be increased because of the changes unless additional money for increased costs is approved for that purpose from available money or is provided for by the authorization of the issuance of time warrants. The HCDE member may grant general authority to an administrative official to approve the change orders. A Job Order and/or Purchase Order with an original contract price of$1 million or more may not be increased under TEX El")UC. (.'ODE§ 4 0411(a) by wore than 25 percent, If a change order for a Job Order and/or Purcliaso Order with an original contract price of J."s than$1 million increases the rootrad amount to $1 million or more,the total KFF JOC Component(rovised 6.2S.12) Page 23 of 90 RIT#12/0541,13—Waterproof rrp JMasonry Rostoraticn,Cleaning anal All Oflier Related Servicos of the subsequent change orders may not increase lino revised contract arnotrm by more than 25 percent of the original coalraotprioe. 5,8. Compliance with Laws Vendor shall comply with all applicable. federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations, the DAVIS-BACON A(Tf(40 U.S.C. § 276a/29 CFR Pan 5), the Copeland "Anti-Kickback" Act (18 U.S.C. § 874 / 29 CFR Part 5), the Equal Opportunity Employment requirements (Executive Orders 11246 and 11375 / 41 CFR Chapter 60), Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-330 /29 CFR Part 5), the McNamara-O'Hara Service Contract Act (41 U.S.C. 351), Section 306 of the Clean Air Act (42 U.S.C. § 1857h, Section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, Environmental Protection Agency regulations (40 OTTO Part IS), Administrative Requirements for Grants and Cooperative Contracts to state, local, and federally recognized Indian tribal govermnents (24 CFR Part 85), mandatory standards and policies contained in the state energy conservation plan issued in compliance with Cho Rnergy Policy arid Conservation Act (Pub. L" 94-163, 89 St& 871), and all applicable rmluiremcnts and regulations, including those related to reporting, patent rights, copyrights, data ripjas and those mandated by federal agencies making awards of federal funds to HCDE and/or HCDE members. For the entire duration of this Contract, Vendor and all subcontractors shall maintain all required licenses, certifications, permits, and any other its will be acquired by Vendor and documentation necessary to perform this Contract. All po-fru invoiced to the HCDE member at cost as part of the Purchase Order, unless the permits are provided by the IICDE member. Vendor must comply with all state and local building code requirements unless otherwise specifically provided in the HCDE member's Purchase Order or Job Order, and Vendor must pay all fees and charges for connections to outside services and for use of property outside the project site, The states of individual HCD2 members may have regulations and laws that govem payment retention and progress payments for public: projects, Vendor is responsible for being acquainted with and complying with each state's requirements, When required or requested by IlCT)E or In MCDE member, Vendor sluill furnish ITUDE ,and/or theliCDE mornber with satisbictory proof of Vendor's compliance with this provision, 5.9, Confidentiality I Vendor and HCDE agree to securo the confidentiality of all information and records in accordance with applicable federal and state laws,rules, and regulations. Vendor and HC1XYCPC understand that Lie Family Educational Rights and Privacy Act (YERPA), 20 U.S.C. § t232g, governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable. Vendor also acknowledges that HCDE and manomus 1ICDE members are subject to the Texas Public Information Act, and Vendor waives any claim against and reloages from liability RCDP and TIME members, their respective officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this Contract or otherwise created, assembled, maintained, or held by Vendor,HCDE, or an T-ICDY,,' member and determined by HCDE of the HCDE member, the Attorney General of Texas, or a court of law to besubjoct to disclosure under thel.I oxaq Public Inforination Act. 5.M P erforma nee and Pa ymen t Bonds li FPJOCC!onipottQiit(revised 6,23,12) Tap 24 of 90 RIP#12/054FB- Watel-))I-Oofing/Ma�;orixyR.eitoratioii,Cleaning and AIJ Other R.(JatedServices Vendor agroe.8 to provide perforitunice bonds and/or payment bonds as required by law, based On the amount or estimated aniount of any Purchase Order or Job Order, as rLppli0q1b1U, for a public work contract, which is defined as a contract for constructing, altering, or rep4iYing a public building or carrying Out or completing any public work. or Job Order, is applicable. TEX. GOWT. CODE §§ 2253.001(4); 2267.411., Pursuant to TEX. GOVT. CODE § 2253.021, a performance bond is required if a Job Order or Purchase Order is in excess of$100,000 for HCDE members that are governmental entities subject to Chapter 2253; a payment bond is required if it , Job Order or Purchase Order is in excess of$25,000 for HCDE irierribsrs that arc governmental entities subject to Chapter 2253 and are not municipalities or a joint board created Linder Subchapter D, Chapter 22 of the Tex.Tramp. Code, and a payment bond is required if a Job Order or Purchase Order is in excess of $50,000 for HCDE members that arc governmental entities subject to Chapter 2253 and are i-rairticipalities or a joint board created under Subchapter D, Chapter 22 Of the TEX. T.RANSP• CODF,. 5,11. Title and f)jsl(of LoNs Whenever 1-1CME, or an HCDE racrober is purchasing (mid .not: leasing) a product under this CorLtract, title and risk of loss shall pass upon the later of HCDE or the 11CDB member's invoice. 5.12, Warranty Conditions All product(s) and/or service(s)provided by the Vendor under this Contract mast be warranted to be ftee from defects in material, workmanship, and free from such defects in design for a period of one (1) year upon the later of HCDE's or the HCDE member's acceptance Of the product and/or service or payment of the applicable invoice. Vendor warrants that all products and/or services furnished under this Contract shall conform in all respects to the terms of this Contract, including arty dr,,Wngs, specifications, and/or standards incorporated hereiti, inct-Liding, without Limitation, those detailed in the FFP, Purchase Order, and Job Order. In addition, Vendor warrants that products and/or cervices arc suitable for mid will pQrfonn in accordance with the purposes for which they are intended. Vendor shall assume all liabilities irtair-rod within the scope Of consequential daniagos and incidental expensos, as set ,forth in the Vendor or manufacturer's warranty, which result from either delivery or use OF product, which does not inett the spccifitcations within this Contract, the RFF,purchase Order,or Job Order, 5.13. Criminal 1-fistory.11eview Section 11..0 Nttachment 46—SB 9 Contractor Cerlificalion: Contractor Employees and Attachment #7-513 9 Contractor Certification: Subcontractor Forim must be submitted with packet, if applicable. Priot to commencing any work under th�, Contract, if Vendor contracts with HCDE to provide cervices, Vendor must comity, on the form provided herein, tl-Lat lbr each covered cmployi,,e of Vendor who will have direct contact with students, Vendor has obtained., as required by TEX EDUC, CODE Scction. 22.0834: (a) state criminal history record information from a law enforcement or cri-ininal justice agency Or a private entity that is it consuiner reporting agency governed by the Fair Credit Reporting Act (15 U&C, Section 1681 et soq) for each covered crilptoyco, of Vendor employed before January 1, 2008; and (b) natiorud criminal history record information for each otuplo);Oc of'Vendor employed on or aftor.lanuary 1, 2008. Vendor must atgo it RI'P jit�C.CoLapoacat(revised 6,25,12) Page 25 of 90 KF?#l2/()54PB -WaterproofingrAtisoury Reqtora[jon,Cleaning acrd All Offitz Belated Servlm'-s' obtain similar ccrtifiQatinug Of Compliance with TFX EDUC. CODR, Chapter 22 from any subcontractors on the form provided hocein. Covered crnployeos with disqualifying criminal history are prohibited from qorving at HCDE or at ffCDL,,' school district members' locations; Vendor and any subcontracting entity may not permit a covered employee to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent aperson.from being employed under TEX. EDUC, CODE § 22,085(a) (i.o.,Title, 5 felony or an offense requiring registration as a sex offender and victim was under 18 years of age or was enrolled in a public school at the time the offense occurred). The criminal history record information review obligation applies only if Vendor contracts with HCDE to provide services; it does riot apply to a contract for the purchase of goods,products or real estate. 5,14, Customer Support Vendor shall provide timely and accurate technical advice and salon support to HCDE/CPC staff, and HCDF, members. Vendor qhall respond to requests for custortor support within 0110 (1) business day after receipt of the ro(rnest Vendor shall provide training to HCDE/CPC staff and/or HCDE members regarding products and/or services supplied by Vendor, at no additional charge, if requested by FICDE/M or at).HCDE member, 5.15. HCDE anilJor HCDE Members' Property In, the event of loss, damage, or destruction of any property owned by or loaned by HCDE or an HCDE member that is caused by Vendor or Vendor's representative, agent, employee, or contractor, Vendor shall indemnify HCDE or the HCDE member and pay to HCDE or the HCDE member the full VaJU0 of or the full cost of repair or replacement of Such Property, whi&cvcr is greater, within thirty (30) days of Vendor's receipt of written notice of HCDE's or the HCDE member's determination of the amount due. If Vendor fails to make timely payment,HCDE or the HCDE member may obtain such money from Vendor by any means permitted by law, including without Hesitation, offset or counterclaim against any money otherwise doe to Vendor by HCDF, Or the E-lCDR member. 5,16. Tax Exempt Status I ICDE and alt I[CDE mernbers that are Texas govermuoliM entities or agencies arc Oxerapt from payment or Texas State Sales Taxes under TEXAS TAX CODE§ .15 13 10 for the purchase Of nulgibte personal Property, Laws of other slates govern the tax status of TICDE triernbers in states other than Texas. Vendor reprosot)ts Find warrants that it shall pay all taxes Or silnilar amounts rMlIfitIg from this Contract,including, without Urnitation, any fedcral, gtrtc,or local,income, sales or excise taxes of Vendor or its employees. HCDE/CPC and HCDE members shall not be liable for any taxes resulting from this Contract, except where otherwise required by law. 5.17, Other State Tax Requirements 5,17.1, Payment of Taxes by 11021H—Members Outside cyfTexas – HCDE members outside of Texas will pay only the rate and/or amount of taxes identified in Vendor's proposal submitted In response to the RFP as appropriate to the s.peci fie BCDE member. 5.17.2, State md-Local 'frinsaction llriyilegp. T xes – '['he HCDE member is subject to all applicable state and local transaction privilege taxes, Transactioulnivilc9e, taxes apPtY to RFP JOC Component(re,vised 625.12) Page,26 of 96 R.FP 0I 2/054PB...WgtorprDofing/Masoery Restoration,0mitig and All OaiorRolated Services the codes of products and are the sole rmponsibility of Vondm, its the seller, to remit. Ftnihlro to rornit taxes from I-ICDF/C,PC and/or the HCDE membar, as the buyer, does not relic ve'Vendor, as the seller,from its obligation to remit taxes. 5.'18. State of Texas Franchise Tax By submitting a proposal in response to the UP, Vendor certifies that Vendor is not currently delinquent in Vondor's payment of any franchise taxes or other taxes owed to the State of Texas. 5,19. Tax Responsibilities of Vendor and Indemnification for Taxes Vendor is responsible for complying with the tax laws of states and the federal government. Vendor and all subooiittaotor(s) of Vendor shall pay all federal, state, and local taxes applicable to Vondor's operation, any persons employed by Vendor, and all subcontractors of Vendor, Vendor shall require all subcontractors to hold IJCDE arid the HCDE incrubor harmloqs from any responsibility ftyr taxes, damages, and interest. If applicable, contributions required under federal, state, and/or local laws and regulations anti any other costs, including, but not limited to, transaction privilege taxes, unemploymunt compensation insurance, Social Security, and Worker's Cornpojjsatioryshall be the sole responsibility of Vendor, 5,20. 116 W-9 To receive payment under this Contract,Vendor shall have a current I.R.S. W-9 Form on file with the B'CDE member. 5.21 Assignment of Contract Vendor may not assign this Contract or any of its rights, ditties or obligations hereunder without the prior written approval of[ICDE. Any attempted assignment of this Contract by Vendor shall be null and void. Any Aurchaso Order or Job Order made as a result of this Contract may not be transferred, assigned, subcontracted, mortgaged, plelPd, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of FICIDE and, if applicable, the ITCDE member, 5.22. Notification of Material Change Vendor is retfuired to notify I-ICD13 ICPC when any material change in operations occurs, ificladint'?, ohantycs in distribution tights for awarded products, bankruptcy, material changcs in financiat condition, change of ownership, anti the like, within three (3) business days of such uhtnrige. 5,23. Performance Vendor agrees to use commercially reasonable best efforts to provide the prodoat(s) anti/or service(s) subject to this Conu• ot, Vendor Shall furnish all supervision, labor, tools, equipinont, Pormits, licenses,transportation, insurance,material, and SUPPHOS nCCCSSary to Complete any scope of work, Purchase Order, or Job Order under this Contract. Vendor shall use skilled, trained persoarrel,who shall be supervised by Vendor. 514, Stibcontrvelors If Vendor uses subcontractors in the performance of any part of this Contract, Vendor shall be Cully rospouslblQ to HCDE and ltCDE members for all acts and ontisglons of the, subcontractoN, RFP JOC Component(revised 6.25.12) Ngo 27 of 90 RF?#12/054PB -Wat0rPM0ft1)t,1/Masonry Restoration,CImintrig and All Other Related Services Nothing it). this Contract shall create for the bonofit of any sLLch subcontractor any contractual relationship between .HCDE and any such. subcontractor, nor shall it create any obligation oil the part of HCDE or TICT"M members to pay or to see to the payrnent of any monies due any such subcontractor except as may otherwise be required by law. Vendor represents and warrants that it is willing, able, Enid capable of obtaining, supervising, and being responsible lot any subcontractors who perform and/or provide products and services related to this Contract, 525. Non-Appropriation Renewal of this Contract, if any, will be in accordance with TEX. LOCAL GOV7. CODE 271.903 concerning non-appropriation of funds for multi-year contracts. Notwithstanding any other provision of this Contract or obligation imposed on HCDE or any HCDE member by this Contract, HCDE and HCDE members shall have the right to terminate this Contract, any Supplemental Contract, Purchase Order, or Job Order without default or liability to Vendor resulting from such termination, effective as of the expiration of each budget period of HCDE or any HCDE metuber if it is determined by HCDE or any HCDE member, at their sole discretion, that there are irsuflicicat funds to extend this Contract, any Supplemental. Contract, any Purchase Order, or Job Order. The parties agree that this contract, any Supplemental Contract, any Purchase Order, tend Job Order are commitments of the current roveraw of IlCDE and HCDE members only. 516, Ordering Procedures Purchase Orders are issued by HCDE and/or HCDE members to the Vendor according to this Contract and any Supplemental Contract between HCDE and the HCDE member. HCDE members mast send Purchase Orders to CPC, unless otherwise stipulated by HCDE/CPC, HCDE/CPC may request confirmation of receipt of the Purchase Order fi•orn,Vendor. HCDE/CPC also may elect to require e-commerce functionality, in which Purchase Orders are sent directly to Vendor and reported by the HCDE member to HUXIUCIPC on a specified basis. The c-cornirterce approach must be approved by HCD'H/CPC prior to the start d ate of luny`Perm of the Contract 5.27. Invoices; Payments ,5.27.1. V endor shall submit invoices, in duplicate, directly to FICDE Or the HCDE member at the appropriate location(8) specified by HCDE or the TTCDE member. Each invoice shall include HCDE's or the HCDE mccnbor'3 Purchase Order number and CPC Contract Number. All invoices shall be itemized to include the type of product(s) and service(s) rendered. Vendor shall submit invoices within a timely manner during HCDE's or the I-TCDE member's fiscal year in which His produet(,$) and/or service(s) are purchased. The shipment tracking twunber or pertinent information for verification of FICDE's or the HCDE member's receipt shall be made available upon request by HCDE or the HCDE member, 5,27.2. RC DE or ffi.c 14CIDE member will make payments directly to Vendor, FICDE or the HCDE nioraber placing the Purchase Order or J66 Order with Ven(tor shall alone be liablo and/or responsible for payment for products) and/Of service(s) orderod and must tv, invoiced JU.'p JOC Component(revised 6.25.12) Past 29 of 96 ition,Cleaning and All Other Rola¢od Services REP 02/054TY13—Watorproofing/Masonry Roaloi directly by Vendor. Neither llCDH nor any HCDT'� nionober shall be liable :tar tho inclobtedneos of any one -ICDE MeMbCa'. 5.27.3, TEX. GOV"T. CODE § 225t.021 shall govern when payments aro due to the Vendor. Payments are due to Vendor by HCDE and any HCDE unctriber whose governing body meets only once a month or less frequently, within forty-five (45) days after the later of the following: (1) the date I-ICDE/CPC or the HCDF, member receives the products and services under the Contract; (2) the date the performance of the service iander the Contract is completed; or(3) the date HCDE/CPC or the HCDE member receives an invoice for the products or service. For HCDE members whose governing bodies meet more than once a month or more often, payments are due by those HCDE members within thirty (30)(lays after the later of the following: (1) the date the HCDE member receives product(s) under the Contract; (2) the date the performance of the service under the Contract is completed; or (3)the date the HCDE member receives an invoice for product(s) or service(s). Vendor agrees to pay any subcontractors the appropriate share of the payrriem received from HCDE or the HCDE member not later than the tenth (10th) day of the(late the Vendor receives the payment from 11CDE or the ITCDE member, The exceptions to payments made by 1-YMB, an FICUE inembe, and/or Vendor listed in TEX. GOV'T.CODE § 2251,002 shall apply to this Contract. 5,28. Reporting The Vendor shall provide HCDE/CPC with a detailed monthly report showing the total dollar volume of all sales under this Contract for the previous month in Microsoft Excel format, in the format and with the information specified by HCDE/CPC. Reports are due on the fifteenth (15) day of the month, after the close of the previous month and shall provide information regarding Purchase Orders and Job Orders during the previous month. Vendor is responsible for Collecting and compiling all sales undor this Contract from all 14CIDE members and submitting one (1) corisolidated inondfly report.. The monthly report shall include, at a noinfi-TILIM, the date of each Purchase Orden or to , , ' Job Order, Purchase Order or Job Order number, JJCDE member roanic, city/town, and Pureha c Order or Job Order total dollar amount:. Reports shall be submitted in an clectronic format to CPC at 6005 Westview, Houston, Texas 77055, or electronically ironed to 5.29. Pricing Changes All prices and discount percentages in Vendor's proposal shall be firm for the Term of C1119 Contract. Pricing may be negotiated during the Contract renewal period. Vendor agrees to promptly lower the proportionate price of any product purchased through this Contract following a reduction in the price the Vendor is payingsupplicrs. All pricing Submitted to FTCDE in Vendor's proposal shall include the administrative fee to be remitted to 1lCDE/CPC by 'Vendor. It is Vendor's responsibility to keep all pricing up-to-date and on file with HCDE/CPC. All price changes shall be presented to HCDE/CPC for acceptance or rejection by flCDE/CPC, in its sole discretion, using the same f6raiat as was accepted in Vendor's original proposal; all price changes for Products and/or services providod under diis Contract must be approved, in writing, by HCDEXPC prior to taking effect. IZUT JOC Coing0flont(revised 6Z,12) Page 79 of 90 r REP 012/05411B- Waterproofing/Mliscory Restoration,Cleaning and All Oliber Related Services The following document Lion shall be provided to support a request for a price clisngc: 0 justification for change/increase a terms and conditions * market conditions * IUO.tlLifac[Lirer8'/distributors' impact, if any All Price decreases shall be allowed for all Products and/or services. 5.30, CPC Administrative Fee I-ICDE/CPC will invoice Vendor, on a monthly basis, for the CPC Administrative Fee of three percent (3%). 'fhe invoice Will be,based on total sales made through this Contract. Vendor shall remit payment of the CPC Fee to HCDE/CPC no later than thirty (30) days following the end of the month. Failure to pay the CPC Administrative Fee in a timely manner may result in Vendor breaching this Contract and may result in HCDE/CPC suspending or temairiating this Contract. Vendor shall honor and pay FlCDE/CPC the CPC Administrative Fee for any sales resulting from this Contract that occurred within thirty (30) days of the expiration or termination of this Contract. 5,31. Records Retention Vendor shall inaintain its records and fircounts in a manner that shall assure a full accounting for all product(s) and/or services) provided by the Vendor to HCDF,/CPC and/or HCDE members under this Contract. These, records and accounts shall be retained by Vendor and made available for review by HCDE/CPC and HCDE members for a period of not less than three (3)years from the date of completion of the service(s),receipt of prod-act(s), the date of the receipt by HCDE Or the HCDE member of Vendor's final invoice or claim for payment in connection with this Contract, or,the date HCDE or the HCDE member makes final payments and closes pending matte's in. connection with a federal grant, whichever is later. If an audit or a compliance review has been announced, the Vendor shall retain its records arid accounts untll such audit or compliance review has beers completed. 5,32 Plight to'lleview, Audit and]aspect lICDE/C-.PC, IICDE Weinberg, any federal agency (its[ has awarded federal fiLn"grint(s) to LICDE or can HCDE mcnilbor, and the Coinpooller(,oncraj of tile IJnitcd States, and/or any of their -T authorized rspre8entatives, shall, Won written notice, have the Eight to audit arid examinc, all of Vendor's records and accounts relating to this Contract and inspect any project performed by the Vendor relating to this Contract. Records stribJect to audit/review s1ia.11 include, but are not Innited to, all Purchase Orders or Job Orders resulting from this Contract and records which may have a bearing on matters of interest to HCDE and/or FICDE i-nembtr(s) in connection with the Vendor's work for HCDE and/or HCDE members, and shall be open to inspection and Subject 10 audit/review and/or reproduction by HCDE/CPC, HCDE member, and/or their authorized representative(s) to the extent necessary to adequately PCTI[lit evaluation and verification oC. 5.321, Vendor's compliancewiffithis Contract and the requirements of thcRFP, 5.312. Compliance with procurement laws, policies, and procedirros, including, without Limitation, toviewing/cornpanrig pricing on Invoices and the appropriate RS Means unit price book Ila.JOC Work porl-brined for HCDE and/or IRDE,members, R-FP JOC Component(revised 6.25.12) Page 30 of 90 I UP#121050:I3_.Watgrpnwfinevlawnty Restoration,Cleaning aaad All Other Mated Services 5.323, Couepli.ancr,: with provisions for computing billings to H('DE/(.'PC, and/or to IICDE members. 5,32.4. Any other matter related to this Contract. 5.33, Indemnification VENDOR SHALL INDEMNIFY AND BOLD HARMLESS EICDE AND EACH HCDE ME1V1f3RR. INCLUDING HCDE'S AND HCDE MEMBERS' TRUSTEES OFFICEAR ADM gSTRATORS. EMPLOX:EIiS, A.ITD AGENTS. FROM ALI, CLAIM S• LLAI3' ITIES COSTS, SUITS OF LAW OR IN FOUELY EXPENSES, ATTORNEYS' FEES. P)NES, tCNAI.TIFSS„OR. DAMAGF,S AI2ISIhG PR.ONI ACTS OR OMISSIONS _Q VENDOR., VENDOR'S FiMI I ()YLOJ S ACANT1 ' (�l�t SUBCONII2Ar7=0RS,_IN.._CONriE "fl N tiVI.CEI CTILS CC7N'I:CiACT ....T. CILIDIG_4ITIIC)lJC._I,IMfT'A'.CIOIC� —All I51:Nt _FR()iVI Cf,A(ME J7J7 T,.N RECTIMUNC__U I ANY .1'/�fl?NI S, . lRAT71 MALiTGS: C(>YYK[fi11T ()7"II33R_CC)R.RESk'f.)Nl)INl_I f21C.3tiT(S} WI 1C'II I5 ItE[AI'�t TO ANY..1'T�'NC VGND()R TS REOLIiRI"la TO C)11i11V R ,_.VENT (.) '4OBLCA A SURVIVE ACCIJ1? RIT?4 12/0541113-Waterproofing/Masonry Restoration,Cleaning,and All Other Related Services I vecluirouients of the RFP. No products may be added to avoid compotftive proctinsuent procedures. IICJ)I,I/C,'f,'(,"ixtayre,jortmiyprop<)seci auditions, wiO.ioutoaus,o, j.n its sole diici,ctioti. 5,40. No Stibstitutleru Any Purchase Order or Job Order issued pursuant to this Contract shall conform to the specifications and desoviptions identified in this Contract and the ]UP. Vendor shall not deliver substitutes without prior written authorization trorn HCDE or the HCDE member, 5,41 Penalties If the Vendor is unable to provide the products) or services at the prices quoted in Vendor's proposal or if Vendor fails to fulfill or abide by the terms and conditions of the Contract, the R-FP, or a Supplemcntal Contract, HCDE or the HCDE member may take the following action(.$,), in the sole discretion of 11CDE or [ho I-ICDE murriber, and Vendor. agrees to comply with the Chosen action(s): 5A1.1, insist that the Vendor honor (he quoted, price(s) spociflod it, Vendor's proposal or the Supplemental Contract, as applicable; 5.41.2. Have the Vendor pay the difference between the Vendor's price and tile price of the next acceptable proposal, as determined by HCDE or the TICDE member; 5.41.3, Have the Vendor pay the difference between Vendor's price and the actual pLarvhase price of the product or service on the open market; and/or 5,41.4, Recommend to HCDE Board of Trustees that the Vendor no longer be given the o ppoftunity to subadt a proposal.to HCDE and/or that this Contract be terminated, 5,42. Promotion of Contract Marketing Plan The marketing of Vondor's company, product, and/or SenViUS shall be the solo responsibility of Vendor, LICDE/C I PC may only .supply Vendor wiffi B"DF mornbers' contact lists Ural, contain n"Itlao, address, phono numbers, and/or email addrcsscb. Other items geared toward the joint- marketing of CPC and Vendor's company, product, and/or services shall be at BCDE'N"'I'C's Sole discretion. Encouraging HCDE members to circumvent this Contract by purchasing dirccSly from Vendor may result in. suspension or termination of this Contract. For so long as this Contract is valid and enforceable between the parties, Vcmdor agrees to display the CPC seal in its marketing collateral materials, such as Vendor's wobsitc and related marketing materials. Vendor shall submit all promotional materials to HC[)L/(,'13C and obtaini written approval before Vendor finalizes or publishes promotional material bearing the HCDE/CPC or CPC name or soal. Vendor may not release any press release or other publication regarding this Contract, or HCDE/CPC unless and until HCDE/CPC first approves the press relcasc,or publication in writing. 5.41 Website Support Vendor agrees to cooperate with lICT)F/CPC in fulLIF.CiZing controot particulars on the CPC w6site. Vendor also agrous to work with JICDI.--YCPC irt updating and maintaining current RF?JOC Component(revised 6.25.12) Page 32 of 40 RFP Gleaning and A]I Other Related9crvicc-S' information. oil Veltdor activities refined to the Contract on tIN CPC w6bsito, Vendor 49=5 to provide at) electronic version of its logo for use on the CPC wob8ite upon. request and provide other information as reasonably requested by 11CDE)CPC to help ensure that the CPC websito is current and consistently updated. 5.44. Safety Vendor, its subcontractor(s), and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, ivles, and regulations in the performance of services under this Contract, including, without thrii hition, those promulgated by HCDE/CPC, TIME members, and by the Occupational Safety and Health Achmixistration ("OSFIA"). In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all other safety guidelines and standards m required by HCDE/CPC or HCDE members, Vendor shall indenii-lify and hold IlCDE and/or the HCDE trivniber harmless from and against all claims, demands, suits, actions,judgments, fines, penalties, ax td liability of every kind, arising fzotn the breach of Vendor's obligations under this provision. 5,45. Workforce Vendor shall ei-riploy only orderly and competent workeng, skilled in the performance of the services, if' any, which shall be performed under this Contract. 'Vendor, its employees, subcontractors, and subcontractor's employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on HCDE and HCDE members' property, nor may such workers be intoxicated or under the influence of alcohol or drugs on HCDE and HCDE members' property. 5,46, Supplemental Contracts An HCDE ilactnber and Vendor may enter into a separate, Supplemental Contract, Any Supplemental Contract developed as a result of this Contract and/or the 13FP is exo1wilvety between. the IICDH, mom.bor and Vendor and shall have no effect or impact on JlCDF, any other HCDE inernber, or this Conlrael. Any Supplemental Contract between Vericlor and an HCDE member is exclusively befsveca that specific HCDE momber arld Vendor and will be subject to in'IT110(fiatO CalWelfiltim), by the HCDE member (without penalty to the 11CDE member) if, in the opinion of the ECDE nxtubtr, the quality, service, and specification requirements, and/or the terms and conditions are not maintained as stated in die Supplemental.Coiattau 5,47, Insurance Vendor is required to provide HCDE/C11C and/or the HCDE member with copies ofoortificates of insurance, naming HCDE/CPC and/or the HCDE marnbci as additional insureds for Texas Workers Compartsation and General Liability Insurance, within 14 business days of contract award and prior to the commencement of ally work under this Contract. Ciertificatcs of Insurance, nuiric and address of Vendor, the limits of liability, the effective dittos of each policy, and policy number shall be dclivered to FCDE/CPC and/or the HCDE member prior to commencement of any work under this Contract. The insurance company insurilig Vendor shall be licensed In the State. of Texas or the, jtqr, to which the HCDE in-Mber is located, and shall, be acceptable to fKIDE/CPC and/or the H(,'J)F,' tnumbor, Vendor shall givc, TICDEY(TC or the HCDE incriAbor a inininillill of ten (10) days' notice prior to any modifications or cdocollation of,said. petioles or i'asorailoo, Voidor shall require all subco.otc-clejons performiag any work under or RFP JOC Component(revised 6.25.12) Page 33 or 90 li RI T'1612/()54PB—Witerproofing/Masonry Restoration,Clonkrinby and A.11 Officy Relatcd Services relating to this Contract to inaititain,coverage as specified below, Vendor 8ball, at all times during the Term of this Contract, maintain insurance ooverage with not less than the typo and requireraciA8 shown below, If the ffCDE mombar has higher insurance requirements than those listed below, such n-Lay be added to tile Purchase Order or Job Order. Such insurance is to be provided at the sole cost of the Vendor. Those requirements do not establish limits of Vendor's liability, All policies of insurance shall waive all rights of subrogation against HCDE, HCDE members, and FICDE' and HCDE members' officers,employees and agents. Upon request, ceitified copies of orighial insurance policies shall be famished to HCDE/CPC and/or to HCDE members. TICDEi and the HCDE member, as requested, shall be named as an`"additional insured"on insurance policies. I[CDR and the HCDE rnernber reserve the right to require additional insuranooshould iECDE,or the I-ECDE rriombur deem adclitiortal filSlAranee necessary,in their sole discretion, o Workers Compensation (with waiver of subrogation to IIC.DE and [lie HCDE member) Employer's Liability, including all states, (18, Longshorernen, Harbor Workers and other endorsements. II Statutory, acid Bodily Injury by Accident: $100,000 each employee. Bodily .TqjufybyDisease: $500,000,policy limit$100,000e-,tchemployee. Cornmer6jal General Liability Occurrence Form including, but not limited to, Premises and Operations, Products Liability Broad Forrri Property Damage, Contractual Liability, Personal and Advertising lrrjLrry Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions,blowout, crateri.rag,and euderground datnage. $300,000 each occurrence LiTnit Bodily Injury and Property Damage combined. $300,000 Products-Completed. Operations Aggregate Limit$500,000 per Job AgVegiate. $300,000 Personal and Advertising lqiruy Limit. o Autotnobilo IJ.ability Coverage: $300,000 Curibitied'LiabiRly LimitsElodily Injury and Property Darnage CorubinecL 5.4& Participation in CPC Vendor acknowledges and agrees that continued participation in the CPC cooperative purchasing prograrn is subject to HCDE/CPC's sole discretion and that Vendor may be removed from the CPC program at, any time, with or without cause, in HCE)OCK's sole discretion. All work resulting from this Contract most cease immediately after completion of the final accopted Purchase Order or 'rob Order. Nothing in this Contract or in any other coraminticzaim between RCDE/CPC and Vendor may be construed as a guarantee that FT( DE/CPC or HCDE members will submit any Pruchaso Order or Job Orders to Vendor at any time 5,,19. No Agency or iKud.orttemients RFP JOC Componont(revised 6,25,12) Pap 34 of 90 R,rT#12/054PB- Watelprooling/Wsonry Restoration,Cleaalr)gand All Othcr Related ServiceS It is the intention of the parties to this Contract that Vendor is indepondout of HCDE and HCDE ixionibers, is an indbpendont:contractor, and is not an employee, agent,joint venturer, or partner of HKAR-� or any l-TCDE member. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer at partner, between JJCDE and Vendor, tiny HCDE member and Vender, HCDE and any of Vendor's agents, or any HCDE member and any of Vendor's agents. Vendor has no power or authority to assume or create any obligation or responsibility on behalf of HCDE or any HCDE member, and HCDE and I-ICE members have no power or authority to assume or create any obligation or responsibility on behalf of Vendor. This Contract shall not be construed to create or imply any partnership, agency, or joint venture, nor, shall it be construed or (teemed an endorsement of a specific company or product. Vendor agrees that HCDE and HCDE members have no responsibility for any conduct of any of Vendor's ernployeeg, agents, representatives, contractors, or subcontractors. 5,50, Equal Opportunity It is the policy of IICI)Enot to discriminate on the basis, of race, color, national origin, gender, Invited. English proficiencY or handimipping conditions in its programs. Vendor agrees not to discriminate against wiy cariployee, or appliumt for employment to be employed in (fie perfbrmane,e of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to ernployrnerit, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract. 5,51, Force Majeure Neither ITCDE,any HCDE member, or Vendor shall be deemed to have breached any provision of this Contract as a result of any delay, failure in performance, of intorraption of service resulting directly or indirectly frorn act of God, .ndworl< failures, acts of civil or military authorities, civil disturbances, wars, energy crises, firm, transportation contingencies, iriterruptlons in third-party telecornmunic"itions or Interact equiplylent or service, other catastrophes, or any other(Yocurrenom which are ruasouably beyond F(CDE, any HCDE rnetribcr, or Vendor's control. HCDE, HCDE members, and Vendor are required to use due caution and preventive racasurm to protect against the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party seeking relief under this provision. line party seeking relief due to force majeure is required to promptly notify the other parties in writing, citing the details of the force majeure event and relief sought, and shall resume performance immediately after the obstacles to performance caused by a force majeure event have beer. removed, provided the Contract has not been terminated, Delay or failure of performance, by either party to this Contract, caused solely by a force majeure event, shall be excused for the period of delay caused Vendor shall.not any claim. solely by (he fierce niqjeurc event, HCDE, HCDE members, and Ve ha 0 a 11 for datnages agairiqt any other party resulting trorn delays caused solely by force majeure, Notwithstanding any other proy isi oil of this Contract, in the event the Vendor's performance of its obligations under this Contract is delayed or stopped by a ('OtCC Ma OLH-C event, HCDE. shall have XpP JOC C.'eulpoijorit(revised 6.25.12) Pagc 35 of 90 RFP#12/054PB- Weiterproofilig/MasollryRcstoratioii,Cleaning and AJ I Other Related Services Cho option to teraditate this Contract. This section shall not be interpreted as to limit or otherwise modify any of FICIDE"s or ffCDF1' members' contractual, legal, or equitable rights, 5.52. Severability in the event any one or more of the provisions contained in this Contract shall for any reason be hold to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or urienforcoability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 5.53. Waiver No failure on the part of either party at any time to require the porfora-unico by the other party of any term hereof shall be taken or held to be a waiver of such term or in any way affect such party's right to enforce such term, and no waiver on the part of either party of any terra hereof shall be taken or held to be a waiver of any ottior term hereof or the [)reach thercrif. No waiver, alteration, or modification of any of the provisions of this Contract shall be binding Lnqes8 in writing and signed by duly authorized representatives of the parties borcto, 56AL Entire Agreement The Contract, the RUT, Vendor's proposal submitted in response to the FTP, the attached and incorporated attachments, addendum, aridlor exhibits, if any, and the Supplemental Contract, if any, contain the entire agreement of the parties relative to the putposo(s) of the Contract and supersede; any other representations, agreements, arrangements, negotiations, or understandings, oral or written, between the parties to this Contract. In the event of a conflict between this Contract and the RFP or Vendor's proposal submitted in response to the RFP, this Contract shall control. In the event of a conflict between the RFP and Vendor's proposal submitted in response to the RFP, the RFP shall control. 'J'bis Contract supersedes any conflicting terms and conditions on any Purchase Order and/ Job Orders, invoices, checks, order acknowledgements, fornis purchase orders, or girnflar commercial documents relating hereto and which may be issued by Vendor after the Effective Date of this Contract. In addition to this Contract, a Supplemental Contract between Vender and the 11CDE inotabor may be ostrblishod to further dottiil the terms and conditions of the HCDE rnernbor's specific, project. Jh flie event of a conflict 'between thia Contract and the Stipp tonionftd Contract, as to FTCDE, this Contract shall Prevail. In the event of a conflict between this Contract and the Supplerriontal Contract, as to the ECDE, member, the Supplemental Contract shall prevail unless the Stq,)pleuiontal Contract states otherwise, 5.55. Interpretation Vendor agrees that the normal rules of construction that require that any ambigpifes in this Contract arc to be construed against the draller shall riot be employed in the interpretation of this Contract. 5,56. Notice Any notice providod under the terms of this Contract by the parties to any other shall be in writing and shall bo given by band-delivery or by certified or registored mail, return receipt requ"tcd. Notice shall lie sufficient if inadc or addressed to the party at the address listed in the signature UP,R)CCoinponeat(revised 6.25.12) Page 36 of 94 RIT 412/054RB--WntcrproofuieMwoary Reiwtabn,(loaning and At Other Related Seryjcns 1i10 of this Contract, Nodoc shall be deemed effective upon reGeittt. Each pu�y may chanbo thu address at which notice may bo—scent to that party by giving notice,ol'such cliango to thc other party by certified mail, reltim receipt requested. 5_57, Captions TI-w captions herein are for convenience and identification purposes only, are not an integral part hereof, and are not to be considered in (he interpretation of any part hereof. 5.59. ConfmA Acceptance and Signatures The undersigned Vendor bereby proposes and agrees to furrish products and/or senkes in strict compliance, with the terms, specifications, and conditions of the RFP, this Contract, and Vendor's proposal. The undersigned ftiitb;-,r certifies Chat tic or she is an officer of the company and has authority to riegotiate and contract for the ocaripany rianied below and inects/agrocs with all of the ternu,and. uonditiow,; of this Contract and the RFP. CompanyNaaio Address chy/Statc/zip YX ....... 'j"Olophorv,No. )q— '.-q FEIKNo. E-mail Address :-:Lv—,-C4 Y}eY i C I I P —------ Authorized Signatare Printed Mune or) Position With Company Ct Ai m L Sales KuprosontadvQ E-mail,Address frr IC( qy_ ............. Wclb„ite URL Accepted by HCDE Term of Contract r 113 0 _c(1) years withai.i option to renew mintially for art Unless otherwise ,;tated, I I."�1) no(coctwo (iL) additional three (3)years if agreed to by.FI(..'.I)E and Vendor. Vendor shall honor all CI'CAdjuir-AsIrtitive Fees for any sales resulting 610111 this Contra t whether Vendor is awarded a renew at q)-not. FICIDE Az(lorized Si 6L ate Printed Name: Jesus Amezcua, Assistant Superintend of Business Services Contract No. : 12/054PB-13 ........... IZF,'P 10C Component(revised 6.25.12) Page 37 of 90 The Right Resources. Right Now �� td it„E P RA Q�18'M October 15,2015 Subject: Contract Renewal for 121054PR for Waterproofing/Masoury Restoration,Cleaning&All Other Related Services for Harris County Deparbaent of Education HCDE/Choice Partners Cooperative Dear CP Vendor Partner: Your contract with Choice Partners(CP),a division of Harr is County Department of Education (HCDE) is scheduled to expire 1/1412016. This contract has 2 one-year annual renewal options remaining before final expiration. Choice Partners values this contract and is exercising the option to extend this contract for one year beginning 1/15/2016. If you agree to renew this contract,please complete,sign and attach this letter under the"Response Attachments"section of the Choice Partners eBid System atyu ,,l Jpguga,pjgy by October 22,2015 2:00 pm central. In addition, provide any updated pricing and/or discounts for your contract and attach a current copy of your certificate of insurance(if applicable)and any forms that may have changed since the original proposal was submitted. If you have any questions or concerns,or need to discuss this contract renewal plot contact Mary Causey al 713-696-8270. r,r r� Sincerely, ^ ^' Les 0 y Hooper,Executive Director ; Choice Partner Assiimmant S iWtondent Jor Business Sere A division of Harris County Department of Education Harris County Ddp mrmr nt of Education The individual signing below has authority to enter into this agreement on behalf of the Vendor. r ca rateIJame 1`ri ., Amhorrzed Signature 4-4 't:.1� ..._ ` �ft.'IA. "A1G.'". . .....w._. _......_ .... , .... ...,.... Date: rrtt10....�..._1. . ... . ., . __ . .._.. ,. Address...,l.Nl .,..eL41s . .. city,_$cate zip_c«ie ...CACAoo, �'1C._.._?4 40 ..- �t f' Phone N'qli (144 _....Email Add �M.If`R *j .• ►d .. ..._._.. M 696,2122 877696 2 713 696 073� J.14.nJJE .Cdnnkaftmr&nm% p of A Somim of Harris County Doporknont of Education 6005 osk'"v�ew Dr " II"m''^wann,M T1055 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-67047 Tri-Lam Roofing&Waterproofing Everman,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/07/2016 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2016-$121,350.00 Roofing&Waterproofing 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT _ I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ANGELICA VELEZ rb:Notary Public,State of Texas , *i ` Comm.Expires 05.25-2020 Notary ID 13067572-2 � Signature of authorized Agent of c ntractin usiness entity AFFIX NOTARY STAMP IS EAL ABOVE Sworn to and subscribed before me,by the said 1L)-Q Huy Qbq this the � day of 20 1(n ,to certify which,witness my hand and seal of office. 1 C;2i,` &4:� Acgc�loa \)Plea. C is c ��s1s�U>1� Sign ure of officer ad roistering oath Printed. me of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: SUP 2015-06, Ordinance No. 3409, Public Hearing and consideration of a request from Marvin Smith for a Special Use Permit for a Detention Pond on the proposed Smith Farm Addition site located at 7601 Douglas Lane. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Marvin Smith is requesting a Special Use Permit (SUP) for a detention pond associated with the development of a single-family residential subdivision. The property is 8.00 acres in size and located at the west side of Douglas Lane north of Starnes Road. GENERAL DESCRIPTION: The applicant is requesting approval of a Special Use Permit to authorize the use of a detention pond on the site. Section 118-729 of the Zoning chapter and Section 102-124 of the Floods and Stormwater Management chapter of the Code of Ordinances establish the requirements and standards for the Special Use Permit. The use of all detention or retention ponds requires approval of a Special Use Permit. Detention Pond City codes allow for detention ponds by SUP if the proposed development is discharging stormwater into a developed downstream system that does not have the capacity to handle the runoff. During the evaluation of the site and the existing conditions of the area, the applicant concluded that a detention pond would be necessary to accommodate development of the site. Stormwater from the development enters the detention area through two curb inlets in Smith Farm Drive and a private storm drain pipe that runs along the rear property lines of the lots on the west side of the development. The water exits the detention area through a concrete flume outfall structure that connects to Lincoln Drive, and then enters an underground system on Spring Lea Way. The detention area includes a concrete pilot channel at the bottom of the slope and is surrounded by an 18-inch tall landscape wall at the top of the slope. A four-foot tall iron fence is provided along the sidewalk near the outfall structure for aesthetic and safety purposes. The depth of the detention area is seven feet below the grade of the sidewalk in the open space. ?g1kH NORTH KICHL,AND HILLS The system is designed to detain stormwater and allow it to drain from the site at the same rate as the undeveloped conditions. It is not designed to retain water to create a decorative pond. The detention pond design complies with all design standards. Landscaping Zoning standards require that all detention ponds be landscaped. A landscape plan for the open space area was reviewed by the Development Review Committee (DRC), and a copy is included with the SUP application. In addition to the detention area, the open space lot includes 5-foot wide sidewalk that meanders through the space and provides a connection to Lincoln Drive to the south. There are a number of existing trees in the open space area. Additional trees to be planted around the pond area and within the open space lot include bald cypress, live oak, crape myrtle, and rough leaf dogwood. These trees would be placed on the side slopes of the detention area and along the sidewalks. Landscaping is also provided around the outfall structure adjacent to Lincoln Drive, and plantings include Texas sage, dwarf crape myrtle, and maiden grass. A copy of the landscape plan is attached. Maintenance The property owner is responsible for the maintenance of the pond and all associated landscaping. A formal maintenance agreement will be executed as part of the approval of the subdivision plat for the property. Generally, the agreement requires the owner to mow and maintain all grass and landscaping, remove trash and debris once a week, remove silt from the basin or outlet structures as necessary, and repair any decorative fencing. The agreement runs with the property and applies to any future owner or user. Special Use Permit The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. The ordinance also includes specific criteria for detention and retention ponds, for which slight deviations are recommended due to the functional nature and location of the pond on the site. The following are the proposed conditions of approval for this SUP application. 1. Permitted use. A special use permit is authorized for a detention pond. 2. Engineering approval. Construction of the detention pond is subject to final approval of the engineering plans by the Development Review Committee and City Engineer. 3. Landscaping. The detention pond must be landscaped in accordance with Chapter 114 — Vegetation of the Code of Ordinances. The landscape plan is subject to final approval by the Development Review Committee. 4. Maintenance agreement. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the subdivision plat for the property. ?g1kH NORTH KICHL,AND HILLS 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: R-2 Single-Family Residential. The zoning and preliminary plat for this development were approved July 2014. The detention pond design complies with all design standards. SURROUNDING ZONING I LAND USE: North: R-1 and R-3 Single-Family Residential I Low Density Residential and Parks/Open Space West: R-2 Single-Family Residential I Low Density Residential South: R-2 Single-Family Residential and AG Agricultural Low Density Residential East: R-1 Single-Family Residential and AG Agricultural Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This includes the construction of sidewalks along Douglas Lane on the east side of the property adjacent to the open space lot. This determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by a professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLAT STATUS: The preliminary plat for Smith Farm Addition was approved by the Planning and Zoning Commission on July 17, 2014. The final plat for this addition is also on the June 13, 2016, agenda. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission held a public hearing and considered this item at their June 2, 2016, meeting and voted 6-0 to recommend approval. RECOMMENDATION: To approve Ordinance No. 3409. i u se Cno a E� c u e pa Q uo.iaewwl u-1 set no � � , y \ � . »y. \ \§ � �/\� . „ ! , ! � i! y \ , r ;y . a . . ° « / � . %�/ : \\� »• ^ � � � < . .'\ d^ / � � � � �. �1 \ \< : . f . > \ / � �: .� 1, , � \ § y . , �» » � � � � < c � �. / � ; E � � ay � � � : Z � . E . \� � f _ \o ; U . �\ 2 �/ . i� �� � � \� � 7 %� `\ \ t|nck|n Dr � , \ 2/ � . r � . y ^ �/ ' , x � . /�� . � \y»? \ � � f �� &< y 2®« ?. � « may\ ' � � y�i _� \ , / \ ^ ° ® �� ` ©"2 3 � \ � � : \ ,� C � ^ � � . , �: S �� �©^ . . » � �� � � � � � . . 2 w � / � �« � 6� � � � � �° \ / � y �/� % � � < c \� � � � y > �/ �® \ y \ § r . > � . >�/ �\ � , \ . \ > , : , yz » ƒ : . � � y/ /; �;y2 � � � � � � ; , � : � �. Lo NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS s}:. PLANNING AND ZONING COMMISSION TExPS AND CITY COUNCIL Case Number: SUP 2015-06 Applicant: Marvin Smith Location: 7601 Douglas Lane 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: A Public Hearing and consideration of a request from Marvin Smith for a Special Use Permit for a Detention Pond on the proposed Smith Farm Addition site located at 7601 Douglas Lane. Public Hearing Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, APRIL 21, 2016 Meeting Location: CITY COUNCIL CHAMBERS — OLD CITY HALL 7301 NE LOOP 820 NORTH RICHLAND HILLS, TEXAS Public Hearing Date: CITY COUNCIL 7:00 PM MONDAY, MAY 16, 2016 Meeting Location: CITY COUNCIL CHAMBERS — NEW CITY HALL 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 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 GONZALES DANIEL G BASTIEN DORIS ANN ARNOLD RANDAL K GONZALES RHONDA S ARNOLD HOLLIE L 7105 LINCOLN DR 7500 CIMARRON DR 7504 CIMARRON DR NRH TX 76182-7679 FORT WORTH TX 76182-7656 FORT WORTH TX 76182-7656 KUH PAUL M KETO JOHN KUH WENDY M KETO CATHERINE SMART BUY HOMES CORP NRH TX 761188 2-4005 7508 CIMARRON DR 7512 CIMARRON DR N MAIN ST FORT WORTH TX 76182-7656 NRH TX 76182-7656 NRH REEDY JAY E VIZCAINO RICHARD THOMAS RICKY W 7617 DOUGLAS LN VIZCAINO ANGELA 7100 LINCOLN DR NRH TX 76182-9104 7032 LINCOLN DR FORT WORTH TX 76182-7678 NRH TX 76182-7662 HOEHN BRENDA BUTLER ELIZABETH A RITTGERS PATRICIA HOEHN BRIAN BUTLER ROBERT P RITTGERS GEORGE 7104 LINCOLN DR 7108 LINCOLN DR 7432 SPRING LEA WAY NRH TX 76182-7678 NRH TX 76182-7678 FORT WORTH TX 76182-7728 WATSON JANETTE SKINNER JAMES RODNEY MANNING STEPHEN N WATSON JOHNNIE 7421 SHADY HOLLOW CT MANNING MARIA 7417 SHADY HOLLOW CT NRH TX 76182-7708 7420 SHADY HOLLOW CT FORT WORTH TX 76182-7708 NRH TX 76182-7708 SPENCER MICHAEL H HOFFA GREGORY W MILLS MARK C 7112 LINCOLN DR HOFFA ANGELINA S MILLS JENNIFER D NRH TX 76182-7678 7116 LINCOLN DR 7305 MARKET CT NRH TX 76182 NRH TX 76182-9124 DALE GERALD BUCKALEW JOHN DALE DAWN BUCKALEW VICKIE 7500 DOUGLAS LN S GARY BERTRAM 7309 MARKET CT 7312 MARKET CT NR H TX 76182-9101 DO NRH TX 76182-9124 NRH TX 76182-9124 NRH KUSMIERSKI THEODORE J II Birdville Independent School District KUSMIERSKI Attn: Mike Seale 7417 DOUGLAS LN 6125 East Belknap FORT WORTH TX 76182-7705 Haltom City, TX 76117 ORDINANCE NO. 3409 SUP 2015-06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL USE PERMIT TO AUTHORIZE CONSTRUCTION OF A DETENTION POND IN TO BE LOCATED AT 7601 DOUGLAS LANE; 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 Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for the construction of a detention or retention pond; and WHEREAS, the owner of the property located at 7601 Douglas Lane has filed an application for a Special Use Permit to allow construction of a detention pond associated with the development of a single-family residential subdivision in accordance with the standards required for detention ponds; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 21, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 16, 2016 with respect to the Special Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for the approval of a Special Use Permit on the property; and Ordinance 3409 SUP 2015-06 Page 1 of 4 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 Special Use Permit 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 approving a special use permit to authorize a detention pond to be constructed in accordance with standards as provided herein on an approximately 8.00 acre tract of land, known as Smith Farm Addition, Lot 6, Block 2, North Richland Hills, Tarrant County, Texas, commonly referred to as 7601 Douglas Lane. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the requirements hereof, subject to the following conditions: 1. Permitted use. A special use permit is authorized for a detention pond. 2. Engineering approval. Construction of the detention pond is subject to final approval of the engineering plans by the Development Review Committee and the City Engineer. 3. Landscaping. The detention pond must be landscaped in accordance with Chapter 114, Vegetation, of the Code of Ordinances. The landscape plan, attached as Exhibit "A" and incorporated herein for all purposes, is subject to final approval by the Development Review Committee. 4. Maintenance agreement. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the subdivision plat for the property. Section 3: That the official 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 special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Ordinance 3409 SUP 2015-06 Page 2 of 4 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, 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 after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of June, 2016. Ordinance 3409 SUP 2015-06 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance 3409 SUP 2015-06 Page 4 of 4 >r e F -o/T S—IH 'IINYHDic Hl'Ol loco VAS H HAG - otlsalemosse�gagaeq I I � z Q ______ ______ AT- i ' � o I � z e N K — (104* I �\ v I I I z w z , i� z ' z -- J - I � s rl li �j I ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: SDP 2016-02 Public Hearing and consideration of a request from Detate Property Group, LLC for a Special Development Plan for The Fountains at Iron Horse on 7.910 acres at 6301 Iron Horse Boulevard. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of NRH Industrial Partners, LTD, Detate Property Group, LLC is requesting approval of a Special Development Plan (SDP) within the Iron Horse Transit Oriented Development (TOD) Zoning District. The applicant proposes to develop two four-story mixed use buildings totaling 362,810 square feet of floor area at the southwest corner of Iron Horse Boulevard and Browning Drive. The plan calls for approximately 25,000 square feet of commercial uses on the ground floor and 244 multi-family residential units. The purpose of this Special Development Plan is for the consideration of waivers to the Transit Oriented Development (TOD) Code that would allow the construction of four stories and a reduction in the required parking lot landscaping. TOD WAIVERS: The applicant is aware of all TOD Code development criteria and has indicated that they will develop to such specifications, including the mixed use criteria, enclosed corridors and stairwells, elevators, etc. There are two areas that they are requesting waivers to the TOD Code. Four-Story Buildings. The site is located within the General Mixed Use Character Zone of the Iron Horse Transit Oriented Development Zoning District. The maximum height permitted within this Character Zone is three stories. The applicant has expressed a desire to maximize use of the property and develop the minimum number of multi-family units required to create a viable project. To achieve this, the applicant is requesting approval for two four-story buildings. According to the applicant's current proposed floor plans, the additional story adds 66 more multi-family units, raising the unit count from 178 to 244. For context, the development adjacent to the south ("Iron Horse Village" surrounding the TEXRail Station) is currently planned as a four-story development as well. The mixed use building approved for the "Iron Horse Commons" project at the southeast corner of ?g1kH NORTH KICHL,AND HILLS Iron Horse Boulevard and Browning Drive (across Iron Horse Blvd from this site) is three stories. Parking Lot Landscaping. Recent development proposals within both TOD Districts have shown that the parking lot landscaping requirements codified by the TOD Code are onerous on development. The Code requires any parking lot that accommodates more than 10 cars to provide one canopy tree and three shrubs per every 1,000 sq. ft. of paved area. This requirement roughly equates to 1 tree per 4 parking spaces, which is five times as many as required by the standard Landscape Code that applies to the rest of the City. The applicant is therefore requesting to apply the minimum standards of Sec. 114-71(i) of the Landscape Code which requires one canopy tree per 20 parking spaces and each parking space to be located within 100 feet of a canopy tree. The table below describes what is required by the TOD Code, what is required by Sec. 114- 71(i) of the Landscape Code, and what is being provided in terms of parking lot landscaping for this particular application. Number of Parking Lot Trees for a 123,970 Square Foot, 406-space Parking Lot see 124 Trees 21 Trees 62 Trees COMPREHENSIVE PLAN & CURRENT ZONING: This area is designated on the Comprehensive Land Use Plan and is currently zoned 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. The Character Zone (i.e. subzone) that the majority of the land is located is the "General Mixed Use" Character Zone, which permits 3-story mixed use buildings by right. SURROUNDING ZONING I LAND USE: North: TOD I Transit Oriented Development West: Multi-Family PD I High Density Residential South: TOD Transit Oriented Development East: TOD Transit Oriented Development ?g1kH NOKTH KICHL,AND HILLS PLAT STATUS: The property is currently unplatted and is described as a tract within the Edmund King Survey, Abstract No. 892. Prior to building permits, the property will be required to submit a Final Plat for consideration by City Council. SPECIAL DEVELOPMENT PLAN: The applicant is requesting a Special Development Plan for consideration of two waivers to the Transit Oriented Development Code. The Special Development Plan process is intended to allow applicants development flexibility to address specific market opportunities and/or contexts within the Transit Oriented Development District. In evaluating a Special Development Plan, the Planning and Zoning Commission and City Council must consider the extent to which the application meets the following: • the goals and intent of transit oriented development in the city; • provides an alternative "master plan" approach by consolidating multiple properties to create a predictable, market responsive development for the area; • fits the adjoining context by providing appropriate transitions; • provides public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit; and, • does not hinder future opportunities for higher intensity transit oriented development. DRC CERTIFICATION PENDING SDP APPROVAL: The applicant's purpose for this Special Development Plan is to gain the necessary approvals to proceed forward with additional site and building design. If approved, more technical documents will be required to be reviewed by the Development Review Committee prior to building permit. Therefore, staff's recommendation for approval is subject to additional review and certification of the applicant's final Site Plan. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission held a public hearing and considered this item at their June 2, 2016 meeting and voted 6-0 to recommend approval. RECOMMENDATION: To approve case SDP 2016-02, subject to DRC Certification of the final Site Plan. 3 S , IoP jr Bo 4� O (l � l CC � 1 x r�%r � �'�� / ��i�� �/ �' a� �� 1� ���il /�� , � 1" < � ' � ����� 1 � ,® �� qI� i �� i oi�� , �, I �� y � l ,, f /l, r � `�, 7 ,� / ,� �� � �� 1/� /% �' �,,,{� /y %�%/, �,���/ � 1 Y iii r/ �Y ,, viii , r ��� � � a � � � !„� �� �, � ��//,� '�. of fi wir/.. �r Browning Dr ®��r �,� ”; i '", � � � ! 11 ° � l� ,��� / Dfl��� /Q�5 // '/ JJ�Y/'///Ir J i ' r. �� l{'fir `% ,mot � �, ,, top Dr ���� i� � Y, o/� , . l% ���'��� � � � �a �� , ��l D�'-t /� 1 , ,,,�,,, t Lo NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS s}:. PLANNING AND ZONING COMMISSION TExPS AND CITY COUNCIL Case Number: SDP 2016-02 Applicant: Detate Property Group, LLC Location: 6301 Iron Horse Boulevard 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: A Public Hearing and consideration of a request from Detate Property Group, LLC for a Special Development Plan for The Fountains at Iron Horse on 7.910 acres at 6301 Iron Horse Boulevard. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JUNE 2, 2016 CITY COUNCIL 7:00 PM MONDAY, JUNE 13, 2016 Meeting Location: 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 Birdville ISD COMPANY TWO LLC EC BROWNING LTD Attn: Mike Seale 8411 PRESTON RD STE 711 3825 CAMP BOWIE BLVD 6125 East Belknap DALLAS TX 75225-5519 FORT WORTH TX 76107-3355 Haltom City, TX 76117 REGIONAL RAIL ROW CO Attention:ATTN: DALLAS AREA RAPID NRH INDUSTRIAL PRTNS LTD SKEETER&BUCKY LP TRANSI 511 E JOHN CARPENTER FWY#550 5944 LUTHER LN STE 405 PO BOX 660163 IRVING TX 75062-8156 DALLAS TX 75225-5916 DALLAS TX 75266-0163 RFI HILLTOP LLC CHESAPEAKE LAND DEV CO LLC PROPROP LLC 5221 N 0 CONNOR BLVD STE 600 6100 N WESTERN AVE 204 MILL XING IRVING TX 75039-4414 OKLAHOMA CITY OK 73118-1044 COLLEYVILLE TX 76034 AG/IRG NORTH RICHLAND HILL LLC Attention: C/O QUADRELLE REALTY 1 WEST AVE LARCHMONT NY 10538-2470 Clayton Comstock From: Dan Sent: Thursday, June 02, 2016 1:03 PM To: Clayton Comstock Cc: Robin McCaffrey; Craig Hulse Subject: Comments to Special Development Plan-The Fountains at Iron Horse: Case C-4 Clayton, Yesterday, Craig Hulse was kind enough to inform me regarding the Plan Commission's consideration of a Special Development Plan for The Fountains at Iron Horse. Following the various links Craig forwarded, I was able to view the plan and other posted material. I noticed that Skeeter& Bucky, L.P.was among the property owners notified, however, the address shown is not the current address for our partnership; the new address is P 0 BOX 111100, CARROLTON,TX 75011-1100 and the notice has not yet been forwarded to me at the new address. Since we have been through a closing with the City and other communications, I assumed that the City was current on our new address. Notwithstanding, the old address was used for the purposes of notification and I did not receive the intended material. Consequently, I am presently in Kerrville and Robin McCaffrey is in Commerce, making it difficult for either of us to attend tonight's hearing on Case C-4 and I am unable to make my concerns known by personal appearance. Therefore, I am requesting that you make sure this email gets brought up at the hearing and read into the record so my concerns factor into the Commission's consideration. My concerns are: 1.The Street: while the plan shows what may be 1/2 of a street at the southern property line, I find no explanation as to what this drive will be. I would like to see the street dedication clearly identified, thereby assuring me that the corner location we have will indeed remain a corner location. A street corner,that is, not a driveway corner. 2.Sub-market corruption:The close association of a project(The Fountains at Iron Horse)which can profitably lease units for$1.40/sf due to an abundance of cheaper surface parking with our project(which must lease for$1.65/sf to accommodate the extra cost of structured parking) means that we will never be able to attain that$1.65/sf rent threshold.There is no real Iocational advantage of one project over the other, thereby inviting potential tenant leakage to the lesser priced project with the same Iocational attributes. 3. Over supply: By allowing an extra 4th floor of units(not currently permitted for this TOD district), a 37% increase in residential units overthe 3-story design presently allowed, I fear that such a change would be putting a lot of units on the market at one time when historic absorption rates do not support the takedown of those units by the market in any reasonable time frame. I would like to see more coordination between the projects as we try to find values that benefit North Richland Hills and make the area as a whole more successful. My greatest concern is that limitation to attaining full potential rents may be put in place by virtue of permitted project differences without there also being the necessary market differences. Sincerely, Dan Smalley 1 ORDINANCE NO. 3416 SDP 2016-02 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL DEVELOPMENT PLAN WITHIN THE TRANSIT ORIENTED DISTRICT FOR THE FOUNTAINS AT IRON HORSE ON APPROXIMATELY 7.910 ACRES LOCATED AT 6301 IRON HORSE BOULEVARD; ESTABLISHING A PENALTY; 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 Comprehensive Plan and the Zoning Ordinance of the City Of North Richland Hills require a Special Development Plan (SDP) within the Iron Horse Transit Oriented Development Zoning District; and WHEREAS, the owner of the property located at 6301 Iron Horse Boulevard has filed an application for an SDP; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within two hundred (200) feet of the property herein described at least ten (10) days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least fifteen (15) days before such hearing; and WHEREAS, public hearings concerning the request from NRH Industrial Partners, LTD, for a SDP were held before both the Planning and Zoning Commission and the City Council; and Ordinance 3416 SDP 2016-02 Page 1 of 3 WHEREAS, the Planning and Zoning Commission made a recommendation concerning the SDP, which includes specific waivers to the Transit Oriented Development Code (TOD); and WHEREAS, the City Council finds that the SDP and waivers to the TOD are made in accordance with the Comprehensive Plan and Zoning Ordinance of the City of North Richland Hills for the purposes provided in Texas Local Government Code Ch. 211; and WHEREAS, the City Council has evaluated the SDP in accordance with the TOD and is of the opinion that the SDP herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and promotes the health and general welfare and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the recitals above are true and correct and made a part of this Ordinance for the purposes provided herein. Section 2: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving the request for a Special Development Plan, including specific waivers to the Transit Oriented Development Code, for the Fountains at Iron Horse on an approximately 7.910 acre tract of land known Tract 1133J in the Edmund King Survey, Abstract 892, commonly referred to as 6301 Iron Horse Boulevard, as described and shown in Exhibit A, attached hereto. Section 3: Any person, firm or corporation violating any provision of the Zoning Ordinance of the City of North Richland Hills 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 ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 5: This ordinance shall be in full force and effect immediately after passage. Ordinance 3416 SDP 2016-02 Page 2 of 3 AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of June, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance 3416 SDP 2016-02 Page 3 of 3 ULLJ j� w O ' se-al SIJIH oueiw!a AuON N 03 D o g OSJOH uoaI 1e suielunoj ayl aniao awnnnoae 0 - - -o it bail � = N maa � J aS zw�w `w V 4 4 °a$�n m°yp 43gry 443P Zsi y pz¢z z a z w eoo o� y o `NpsGi nwo a"u aw w6 n a _ vi Z°z� oh°z°rco oNi {Lul� LU LU a-n�i`azo�mitirv°ae F—�� � Z aw d LU i w vi m V] If wog ° J7 r mo S Qm - ) z N o x i. �� °• u 0 a QO N O v CL r /lf � 0u E E E LU t / r u � r J , LU / I� you i r , _' g OR.R 00 g R O O ---------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------- N 0 o ie r-4 rL V) Z jam' N Z �''�j� � ��f � � E = 6 E Z LU jj j ft e o Cd m x M 0 0 0 0 0 WA ii i% ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CN 00 1714 CL. Z LU LU f // ` N / a 00 lul II CIS M 0 0 0 0 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: FP 2015-02 Consideration of a request from Marvin Smith for a Final Plat of Smith Farm Addition on 8.00 acres located at 7601 Douglas Lane and an associated Detention/Retention Storage Facility Maintenance Agreement and Water Course Maintenance Agreement. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Marvin Smith is requesting approval of a Final Plat of Smith Farm Addition. This 8.00- acre subdivision includes 21 single-family residential lots and one open space lot. The property is located in the southwest corner of the curve in Douglas Lane north of Starnes Road and across from Cross Timbers Park. The proposed final plat is consistent with the approved preliminary plat and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The final plat for Smith Farm Addition includes 21 single-family residential lots and one open space lot. The residential lots range in size from 10,635 square feet to 18,397 square feet, with the typical lot being 80 feet wide and 130 feet deep. The lots comply with the R-2 Single-Family Residential Zoning District standards. The property has frontage on Douglas Lane at two locations, as the site is located in the southwest corner of the curve in the road. There is one street proposed, and it connects to Douglas Lane at the north and east sides of the subdivision. A masonry screening wall will be constructed along Douglas Lane at each entrance. The common open space lot is 50,041 square feet (1.15 acres) in size, covering 14.4% of the development. The lot is located on the south side of the subdivision and will be covered by a tree preservation, public access, and drainage easement. Improvements to the open space lot include a 5-foot wide sidewalk that meanders through the space and provides a connection to Lincoln Drive to the south, new trees and other landscaping, and a proposed detention pond. There is an accompanying special use permit request for the detention pond on the agenda. ?g1kH NORTH KICHL,AND HILLS COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. THOROUGHFARE PLAN: The development has frontage on Douglas Lane, classified as a C2U Minor Collector roadway. A C2U roadway is a two-lane undivided street with an ultimate right-of-way width of 60 feet. Additional right-of-way dedication of less than one foot will be provided on the east side of the development. CURRENT ZONING: R-2 Single-Family Residential. This final plat is consistent with the R-2 zoning standards. SURROUNDING ZONING I LAND USE: North: R-1 and R-3 Single-Family Residential I Low Density Residential and Parks/Open Space West: R-2 Single-Family Residential I Low Density Residential South: R-2 Single-Family Residential and AG Agricultural Low Density Residential East: R-1 Single-Family Residential and AG Agricultural Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This includes the construction of sidewalks along Douglas Lane on the east side of the property adjacent to the open space lot. This determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by a professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. DETENTION/RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT & WATER COURSE MAINTENANCE AGREEMENT: Attached for consideration are also two maintenance agreements. One is for the detention pond proposed by case SUP 2015-06 on this same City Council agenda for consideration. The maintenance agreement outlines the minimum level of care required for the drainage easement contained within this Final Plat. This includes grass mowing, debris and silt removal, bank grading and other maintenance needs. The second agreement is for the maintenance of a swale along the rear of the westernmost lots to aid in the proper drainage of the development. IqRH PLAT STATUS: The property is currently unplatted. The preliminary plat for Smith Farm Addition was approved by the Planning and Zoning Commission on July 17, 2014. This proposed Final Plat is consistent with the approved Preliminary Plat. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at their June 2, 2016, meeting and voted 6-0 to recommend approval. RECOMMENDATION: To approve FP 2015-02 and its associated Detention Storage Facility Maintenance Agreement and Water Course Maintenance Agreement. J Cross 'Timbers Park ca O c O cv E E L incoln D a� c� � J = i t. O i 0 N Starnes Rd g2 < / \ / \ \ © \ � { ' \k Cr SS T|m ber Park � ( \ . / . 22 �7 � ! . ° � \ . , : ; \ � � � / , y , , ^ < \ ® �` Z : T2 »� � ^ � \ « », : w � � � � � � : � 6 : D . \ � � . 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"OP q, X44; son I Hsi 1p, J? )AP �nl IP I I Oil �D hi I .,f, ll o JI III 1k If, m Qq; co 4,11111 DETENTION/RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, by plat denoted as SMITH FARM ADDITION LOTS 1-10 BLOCK 1, LOTS 1-12 BLOCK 2 (hereinafter referred to as "SMITH FARM ADDITION") approved on MONTH DAY, 2016 by the City Council of the City of North Richland Hills, Tarrant County, Texas, MARVIN SMITH ("OWNER")was permitted to develop the site described thereon in accordance with such plat; and WHEREAS, such SMITH FARM ADDITION requires construction on the property of a facility to provide a storm water detention/retention facility (hereinafter referred to as "Detention/Retention Facility") for the development of SMITH FARM ADDITION to minimize potential flooding of downstream property; and WHEREAS, the City is willing to permit OWNER to construct a Detention/Retention Facility in accordance with plans approved by the City, provided that OWNER agrees to maintain such Detention/Retention Facility. NOW, THEREFORE, OWNER at its sole cost and expense agrees to the following: 1. Adhere to the requirements of the City Code, specifically Chapter 102: "Floods and Stormwater Management', Article III: "Stormwater Management'. 2. Construct the Detention/Retention Facility in accordance with plans sealed by a licensed professional engineer registered in the State of Texas and specifications approved by the City. 3. Construct the landscaping in accordance with the Landscaping Plan approved by Development Review Committee and Landscape Review Board preliminarily included as Exhibit "A". 4. Maintain the Detention/Retention Facility in a prudent manner to minimize soil erosion and loss of capacity due to sedimentation. 5. Be responsible for the following: a. Keep grass and vegetation mowed and maintained in the Detention/Retention Facility and all areas around the Detention/Retention Facility controlled by OWNER based on the following schedule: i. once every three (3) weeks between March 1st - April 10th and between October 1st - November 15th. ii. once every other week during the growing season between April 10th - October 1st. Page 1 of 4 PW75DRMA (Revised 411812007) b. The upkeep and replacement of all landscaping. c. Operation and maintenance of the outfall structure (including replacement cost) to ensure intended detention function per construction plans submitted to and approved by the City. d. Trash and debris removal once a week or after a storm event, whichever is more often. e. Operation and maintenance of decorative lighting around the basin. f. Any necessary dredging or silt removal from the basin and/or inlet and outlet structures. g. Repair and replacement of decorative fencing. h. Any "specialty" items not covered by any other party. i. All necessary grading to insure that detention basins drain completely. 6. Should OWNER, or the then current owner of the property described herein, fail to remedy any inadequacy in its maintenance of the Detention/Retention Facility within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by OWNER, or the then current owner of the property described herein, upon written demand therefor. If OWNER, or the then current owner of the property described herein, fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against SMITH FARM ADDITION for such amount. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from OWNER, or the then current owner of the property described herein, pursuant to this Agreement. 7. The agreements made herein shall be binding upon, the OWNER's successors and assigns and shall be a covenant running with the land. 8. This agreement shall not be amended, changed or modified without the written consent of the City of North Richland Hills. Page 2 of 4 PW75DRMA (Revised 411812007) Executed this the day of 20_. By: Printed Name: Title: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , 20_ Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: Page 3 of 4 PW75DRMA (Revised 411812007) Exhibit "A" Detention/Retention Facility Landscaping Plan Page 4 of 4 PW75DRMA (Revised 411812007) WATER COURSE MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THA T: WHEREAS, by plat titled "Smith Farm Addition" approved on ("Plat"), by the City Council of the City of North Richland Hills, Tarrant County, Texas, ("City"), Marvin Smith ("Owner") was permitted to develop the property legally described as Smith Farm Addition on Exhibit"A" attached hereto in accordance with the Plat, and; WHEREAS, as a condition to approval of the Plat, the City allowed construction of an underground water course which shall be located in the private drainage easement at the rear of Block 2, Lots 1-5, legally described within Smith Farm Addition and shown on Exhibit "A" attached hereto, and; WHEREAS, the City is willing to permit the Owner to construct an underground water course (the "Water Course") in accordance with the plans approved by the City, as opposed to a concrete Water Course provided that the Owner agrees to perpetually maintain such underground Water Course. NOW THEREFORE, Owner agrees as follows: 1. Owner shall construct, at its sole cost and expense, an underground Water Course along the rear of Block 2, Lots 1-5, as shown on Exhibit "A" hereto according to the plans approved by the City. Owner further agrees on behalf of itself, it's successors and assigns, including any homeowners associations created to carry out the Owner's obligations and those of the owners of other portions of Smith Farm to maintain in such water course as hereinafter set forth in Paragraph 2 hereof, and to reimburse the City for the cost of maintenance should such be necessary as set forth in Paragraph 3 hereof. 2. Owner shall maintain the Water Course in a prudent manner to minimize blockage in flows and maintained as follows: a. The inlets for the Water Course area will be inspected for and cleared of blockages and debris annually. b. Accessory structures (such as sheds, flower beds or fencing) will NOT be allowed to be constructed in a manner that restricts the inflow of water into The Water Course. C. Any debris which deposits itself in the water course will need to be picked Smith Farm Addition Water Course Maintenance Agreement Page 1 of 3 up and removed after a storm event or every six (6) months, whichever is more often. d. Any noticeable sediment accumulation in the water course will be removed at least once annually if needed. e. The Public Works Director or his designee may grant exceptions to this maintenance schedule due to weather conditions, unusual situations or acts of God. 3. Should Owner fail to remedy any inadequacy in its maintenance of the Water Course within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by Owner upon written demand therefore. if Owner fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against the property for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County land records. By acceptance of this agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from Developer pursuant to this agreement. 4. The agreement made herein shall be binding upon the Owner, its successors and assigns and shall be a covenant running with the land. 5. This agreement for maintenance shall terminate only if the Water Course is constructed with concrete in accordance with plans to be approved by the City. By acceptance of this Agreement, the City agrees to execute a recordable termination of this Agreement upon the City's acceptance of a concrete Water Course in accordance with this paragraph. Smith Farm Addition Water Course Maintenance Agreement Page 2 of 3 Executed this the day of 12016. Marvin Smith By: Marvin Smith STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on by Marl, S. Wood, on behalf of said partnership. Notary Public, State of Texas Commission Expires: Notary's Printed Name: APPROVED BY: City of North Richland Hills, Texas By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney for the City Smith Farm Addition Water Course Maintenance Agreement Page 3 of 3 EXHIBIT "A" DRAWING of SMITH FARM ADDITION ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: FP 2016-04 Consideration of a request from Robert Espinosa for a Final Plat of Lot 3, Block 13, Meadowview Estates on 0.969 acres located at 8409 Rumfield Road. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Robert Espinosa is requesting approval of a Final Plat of Lot 3, Block 13, Meadowview Estates. This 0.969-acre one-lot subdivision is located on the north side of Rumfield Road east of Davis Boulevard. The proposed final plat is consistent with the preliminary plat approved by the Planning & Zoning Commission on June 2, 2016 and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The owner proposes to create a single lot and construct a single-family house on the property. The lot will be 125 feet wide, 336 feet deep, and 42,206 square feet in area. The properties to the east and south of the site are developed with single-family residences. Vacant non-residential land and an office building are located west of the site at the intersection of Rumfield Road and Davis Boulevard. There are also several duplex residences on the east side of Davis Boulevard south of the intersection. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. THOROUGHFARE PLAN: The development has frontage on Rumfield Road, classified as a C21J Minor Collector roadway. A C2U roadway is a two-lane undivided street with an ultimate right-of-way width of 60 feet. Right-of-way dedication is not required for this property as sufficient right-of-way is currently in place. CURRENT ZONING: R-2 Single-Family Residential. The preliminary plat is consistent with the R-2 zoning standards. SURROUNDING ZONING I LAND USE: North: R-1 Single-Family Residential I Office MRH East: R-2 Single-Family Residential and R-1-S Special Single-Family Residential and AG Agricultural I Low Density Residential South: R-1 Single-Family Residential I Low Density Residential West: C-2 Commercial I Office ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by a professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLAT STATUS: The property is currently unplatted. The preliminary plat for this property was approved by the Planning and Zoning Commission on June 2, 2016. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at their June 2, 2016 meeting and voted 5-0 to recommend approval. RECOMMENDATION: To approve FP 2016-04. Starnes Rd Rumfield Rd v < (A 00 a �i/� i� /�/rif � �„ ifD i 4, i �/ � i� '� � p�% v i /i � � r "�me ( t r, ��y�, 1 r �i""�." �;�°" � wW�y.,u � e /�/%%/id// ///%%�//%%�/// /�%/// �i i/ i i I rii / �i ,� �/�/� � �P' �1� ��. ✓�f/rd �;%fib/%%�%���/�%//���������/j�f' � � � G � � � '�` ,� i / /�// i////%/ i/ 'l�( �/li/i o, �� // /ii/ ii�n!i���0% /� i� � ,�/ /� //�� �� (�� sir/%/l� �f�f�����%�%/�l/i//r � �i i/ r �i i �i �i �, � r ,,� � � /! ;, �� Starnes�Rd r�� � � , � d r,„� t�� �, � , �, „tr ���'�, � ���t ,,,, �, ���� � Rumfield Rd � �, � �,�; l� ` � �� /i �� 1 n ',9, i i I �iil � }�iii� t m 1 ;i _ r �,� ;, �� � � �� /G%%� v ��i�n +ruriv�f/����� Q /� � rl ,/////�, r jai ,i ��r �°% ��y� r1'; / �� // J I �. %' � �� � � fir,. Z � F Es¢ §az w 4 �y �s• e§E! ag .�° & e � oa: o �5 A m� E Garay° fr�9lE .3'r� AN w�hi lx vww, Ue t Ydi �4 2 94 E Nq g�� e © €cF dry_ °U��®�•'�`� i'� '..� � eF" � o y sq �r n x" a r9 ani a '� ISI r II a nz� V— <B ----------- �m ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Appointment of mayor pro tern 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 NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Consider Ordinance No. 3414, amending the City's Code of Ordinances Chapter 98, Article XII - Aquatics Facilities PRESENTER: Stefanie Martinez, Neighborhood Services Director SUMMARY: Consider Ordinance No. 3414, amending the City's Code of Ordinances Chapter 98, Article XII — Aquatics Facilities. Also consider retitling the Code from Swimming Pools to Aquatics Facilities. GENERAL DESCRIPTION: The purpose of this article is the establishment and amendment of the minimum standards for the construction, operation and maintenance of public and semipublic aquatic facilities. Due to the additional types of facilities now available it is recommended that the title of the Code be changed from Swimming Pools to Aquatics Facilities. Further, this code reflects and formalizes current inspection methods by Consumer Health and requirements set forth by State law. This amendment also allows for reinspection fees due to closure or pre-operation failures of public or semipublic aquatics facilities. Additionally there is a nominal fee now allowed for the registration of Certified Pool Operators for these facilities. RECOMMENDATION: To approve Ordinance No. 3414. ORDINANCE NO. 3414 AN ORDINANCE AMENDING ARTICLE XII "SWIMMING POOLS" OF CHAPTER 98 "BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES, CITY OF NORTH RICHLAND HILLS, TEXAS TO AMEND SWIMMING POOL REGULATIONS; AMENDING APPENDIX A "FEE SCHEDULE" TO ADD FEES RELATING TO ACQUITICS FACILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city 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 City of North Richland Hills previously adopted regulations for the Swimming pools within the City of North Richland Hills, codified in Article XII of Chapter 98 of Code of Ordinances, City of North Richland Hills, Texas ("Code"); and WHEREAS, the City of North Richland Hills now desires to update and amend those regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS THAT: SECTION 1. Article XII "Swimming Pools" of Chapter 98 `Buildings and Building Regulations" of the Code is retitled "Aquatic Facilities" and is amended to read as follows: ARTICLE XII — AQUATIC FACILITIES DIVISION 1. - GENERALLY Sec. 98-591. - Findings of fact. The city council has determined that the regulation of public and semipublic aquatic facilities is necessary and beneficial for the health, safety and welfare of the inhabitants of the city. It is therefore ordained that provisions regulating public and Page 1 semipublic aquatic facilities and providing a penalty for violations of any provision of this article be adopted. Sec. 98-592. — Purpose The purpose of this article is the establishment and amendment of minimum standards for the construction, operation and maintenance of public and semipublic aquatic facilities and their related facilities in order to protect the health and safety of the public. Sec. 98-593 — Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. A term not included in this list of definitions but defined within the state aquatic facility regulations shall have the meaning assigned to it within the state aquatic facility regulations. AQUATIC FACILITY means a pool, spa, special aquatic activity device, public interactive water feature, fountain or venue that may be used for swimming or bathing, or other regulated water body as defined by state aquatic facility regulations. CERTIFIED POOL OPERATOR. A person who: (a) Possesses a valid and current certificate of accreditation, and (b) Obtains certification by completion of one of the following courses or other nationally recognized course in aquatic facility operation, safety and management, and: 1) NRPA, "Aquatic Facility Operator" (A.F.O.); 2) NSPF, "Certified Pool-Spa Operator" (C.P.0); 3) Y.M.C.A., "Pool Operator on Location" (P.O.O.L.); 4) NSPI, "Professional Pool and Spa Operator" (P.P.S.O.); or 5) ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.); or 6) Other training at discretion of the Director of Neighborhood Services. CONSUMER HEALTH OFFICIAL. An Employee of the Department of Neighborhood Services charged with the enforcement of this article by the Director of Neighborhood Services, or the official's authorized representative. DIRECTOR. The Director of the Department of Neighborhood Services for the city, or the Director's authorized representative. ENCLOSURE means a fence, wall, or combination of fences, walls, gates, windows, or doors that completely surround an aquatic facility. EXTENSIVELY REMODELED means the replacement of or modification to an aquatic facility structure or its enclosure, its circulation system or its appurtenances, so that the design, configuration or operation is different from the original design, configuration or operation, including the installation of new deck detail or tile work that is different from Page 2 the original design. This term does not include the normal maintenance and repair or the replacement of equipment which has been previously approved if the size, type or operation of the equipment is not substantially different from the original equipment. PERSON IN CHARGE means the owner of the aquatic facility, or the person identifying himself or herself as the owner's designated representative and person in charge on the permit application. This person may also be the certified pool operator. PRIVATE AQUATIC FACILITY means any aquatic facility located on private, single- family residential property under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family or invited guests. PUBLIC AQUATIC FACILITY means any aquatic facility which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. SECURED means that an enclosure during normal operation is maintained so that all gates and entrances are maintained closed with functioning self-latching and self- closing mechanisms, and that the enclosure is not allowed to maintain gaps large enough to allow the passage of a 4" sphere or provide any feature that may be climbed by a child to gain access to the aquatic facility. The enclosure during times when the aquatic facility is closed to the public must maintain the above conditions, but the gates or entrances to the enclosure must also be locked so that no person may enter the gates or entrances without the authorization of the certified pool operator and/or person in charge. SEMIPUBLIC AQUATIC FACILITY means any aquatic facility which is not included within the definition of either "private aquatic facility" or "public aquatic facility" as those terms are defined in this section. SERVICE ANIMAL means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. STATE AQUATIC FACILITY REGULATIONS means the regulations adopted by the state of Texas to regulate public pools and spas, and includes the following, as amended from time to time: (a) Tex. Health and Safety Code Title 5. § 341.064 "Swimming Pools and Bathhouses;" and (b) Tex. Health and Safety Code Chapter 757 (Pool Yard Enclosures); and (c) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter L, "Standards of Public Pools and Spas;" and (d) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter M, "Public Interactive Water Features and Fountains." Page 3 Sec. 98-594. Adoption of State Aquatic Facility Regulations (a) The standards of the following statutes, laws, and regulations in their current form and as they may hereafter be amended, are adopted and applied into this article as if they were set forth at length herein: 1) Tex. Health and Safety Code Title 5. § 341.064 "Swimming Pools and Bathhouses;" and 2) Tex. Health and Safety Code Chapter 757 (Pool Yard Enclosures); and 3) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter L, "Standards of Public Pools and Spas;" and 4) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter M, "Public Interactive Water Features and Fountains." (b) If a conflict occurs between a provision of this article and a provision of the above statutes, laws, or regulations, the more strict provision shall apply. Sec. 98-595. - Failure to Comply (a) Failure to comply with any section of this article may result in the immediate closure of the aquatic facility, the initiation of legal action, permit suspension, and/or permit revocation. (b) Upon determination that the aquatic facility does not comply with the provisions of this article, the consumer health official shall notify the certified pool operator and/or the person in charge of the aquatic facility of the existing violations. Sec. 98-596. - Enforcement Responsibility The consumer health official or his authorized representative shall have enforcement responsibility for this article. Sec. 98-597. - Penalty for violation of article. Any person violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, as provided in section 1-13. Each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law; and the power of injunction and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. Secs. 98-598-98-620 Reserved for future use Page 4 DIVISION 2. — PUBLIC OR SEMIPUBLIC AQUATIC FACILITY PERMIT Sec. 98-621. — Permit Required. (a) A person shall not operate a public or semipublic aquatic facility in the city unless and until a permit for such purposes has been issued by the consumer health official or his designee. (b) The consumer health official shall not issue a permit until all required inspections have been completed and all fees have been paid in accordance with this article. (c) An application for such permit as required in this section shall be made annually in writing to the consumer health official or his designee upon forms prescribed and furnished by the city. (d) An applicant must designate a certified pool operator and person in charge for each facility for which a permit is sought. The person designated as the certified pool operator must be employed on the premises where the aquatic facility is located, and must be able to physically respond to the facility address within one hour of being notified by the consumer health official. (e) Operational permits shall expire on April 30 of each year, unless suspended for cause before the expiration date, and must be renewed each year in accordance with this article. (f) A separate permit is required for each body of water on site. For example, an enclosure containing both a swimming pool and a spa must obtain a permit for the swimming pool and a separate permit for the spa. (g) Public aquatic facilities which are owned and operated by the city, public schools, or as determined by the Director of the Department of Neighborhood Services, must obtain an operational permit but shall be exempt from paying the application fee and the operational permit fee. (h) Facilities constructed before the adoption of this article must comply with all provisions of this article and all future amendments to this article, unless the Director of the Department of Neighborhood Services grants a variance in writing, or unless otherwise exempted under Tex. Health and Safety Code Sec. 757.005. (i) If a variance to this article is issued by the Director of the Department of Neighborhood Services, the permit applicant must annually reapply for the variance in writing. The granting of a variance does not guarantee that the Director will grant future variances. (j) All fees are nonrefundable and will not be prorated. Sec. 98-622. - Permit Duration and Renewal The permit required by Sec. 98-621 must be renewed before May 1 of each calendar year. Page 5 Sec. 98-623. - Grounds for Permit Denial (a) The Director may deny the issuance of a permit for a public or semipublic aquatic facility: 1) If the applicant for the permit of the aquatic facility being permitted has been convicted of one or more violations of this article or state aquatic facility regulations; or 2) If any of the permit conditions of this article are not met. (b) An applicant whose permit is denied will be notified by the director, in writing, within ten days of the date of the denial. The director shall set out the grounds for the denial. (c) The notice will be personally delivered to the applicant or sent by certified mail, return receipt requested, to the address listed on the application. (d) An applicant whose permit is denied may request an appeals hearing within ten days after service of the notice of denial. Such request shall be in writing, shall specify the reasons why the permit should not be denied, and shall be filed with the director. Sec. 98-624. — Grounds for Permit Suspension/Revocation After notice and hearing, the director may suspend for up to 180 days or may revoke an public or semipublic aquatic facility permit if: (a) The permit holder or person in charge of the aquatic facility is convicted of a violation of this article or state aquatic facility regulations during the term of the permit; or (b) The permit holder or person in charge of the aquatic facility fails to comply with any of the permit conditions set forth in this article; or (c) The permit holder or person in charge of the aquatic facility fails to comply with an inspection report order; or (d) The permit holder or person in charge of the aquatic facility disobeys a closure order issued by the consumer health official pursuant to this article; or (e) The permit holder or person in charge made a materially false statement on the permit application or there is any false statement or misrepresentation as to a material fact in any plans and specifications submitted pursuant to this article. Secs 98-625— 98.640 Reserved for future use Page 6 DIVISION 3. — PLANS REVIEW AND INSPECTIONS Sec. 98-641. — Right of Entry The consumer health official, the building official of the city or designee, and/or the fire marshal of the city or designee, are authorized to conduct such inspections as deemed necessary to ensure compliance with all provisions of this article and the code of ordinances of the city. They shall have right of entry at any reasonable hour upon the premises where a public or semipublic aquatic facility is located. They shall have the authority to collect water samples and photographic and/or video evidence from the aquatic facility. Sec. 98-642. — Plans Review and Construction Inspections (a) Prior to beginning the construction of a new aquatic facility or the extensive remodeling of an existing aquatic facility, the owner shall submit plans and specifications for such construction or remodeling to the consumer health official and Building Inspections Department for review. (b) The plans and specifications shall indicate the proposed layout and arrangement of mechanical, plumbing, fencing, electrical, construction materials of work areas, the type and model of proposed fixed equipment and facilities and all associated buildings or structures. (c) A licensed professional engineer shall examine the final aquatic facility design/blueprints for all new and extensively remodeled aquatic facilities (including structural, mechanical, plumbing or electrical renovations) and certify by original signature and engineer's seal compliance with state aquatic facility regulations and this article. (d) No work shall begin until the consumer health official has received the engineer's certificate of pre-construction, conducted a plans review and has communicated with the Building Inspections Department that a building permit may be issued. Work shall commence and conclude within the time allowed by such permits. Deviations from approved plans shall not be permitted without approval in writing from the consumer health official and the Building Inspections Department. If no work has begun within 180 days from the date the consumer health official has given written notice that work may begin, or if work has begun and is halted more than 60 days, the director may withdraw approval. (e) The aquatic facility construction shall pass a pre-gunite inspection, pre-plaster inspection and preoperational inspection by the consumer health official prior to issuance of a permit. The completion of these inspections by a consumer health official does not substitute or replace inspections required by other departments within the city. (f) A licensed professional engineer shall inspect the completed new or renovated aquatic facility construction and certify by original signature and engineers seal Page 7 that the aquatic facility is installed and constructed in accordance with state aquatic facility regulations and this article. (g) It is the responsibility of the person in charge to ensure that the building permit applicant and licensed professional engineer comply with all zoning, building, fire, and health ordinances of the City of North Richland Hills. Sec. 98-643. — Annual Pre-Operation Inspections (a) Each public or semipublic aquatic facility shall pass a pre-operation inspection by the consumer health official prior to use by the public each permit year. There shall be no charge for one preliminary pre-operation inspection that is not requested by the facility and for one pre-operation inspection that is requested by the facility; a reinspection fee shall be required for all further pre-operation inspections. (b) Each public or semipublic aquatic facility shall also annually submit certification by a licensed, registered electrician that the electrical equipment for the aquatic facility meets all local, State, and Federal electrical codes on a form promulgated by the City. (c) A representative from each public or semipublic aquatic facility shall attend a pre- season pool safety meeting coordinated by the consumer health official prior to the beginning of each permit year. This representative should be the person in charge, the certified pool operator, and/or designee of the person in charge or certified pool operator. It shall be the responsibility of the person in charge and the certified pool operator to be knowledgeable about all information conveyed through the pre-season pool safety meeting. Sec. 98-644. — Reinspections due to Closure or Pre-Operation Inspection Failure Reinspections due to closure or pre-operation inspection failure shall be performed in accordance with Sec. 98-643 above and with Sec. 98-661 and Sec. 98- 972 below. Secs 98-645— 98-660 Reserved for Future Use DIVISION 4. — FEES Sec. 98-661. Fees Permit fees, application fees, plans review fees, registration fees, inspection fees, and reinspection fees for public and semi-public aquatic facilities shall be as listed in appendix A. The director of finance shall review all fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Page 8 Secs 98-662-98-970 Reserved for Future Use DIVISION 5. — MAINTENANCE AND OPERATION OF PUBLIC AND SEMI-PUBLIC AQUATIC FACILITIES Sec. 98-971. — Duties of Certified Pool Operator and/or the Person in Charge It shall be the duty of the certified pool operator and/or the person in charge to: (a) Physically respond within one hour of being notified by the consumer health official to the site of the aquatic facility; and (b) Check at least once per day that the aquatic facility remains in compliance with this article and with state aquatic facility regulations; and (c) Check and record water chemistry at least once per day for each aquatic facility permitted to ensure compliance with state aquatic facility regulations, including: a. Disinfectant levels; and b. pH levels; and c. Cyanuric acid levels (if applicable); and (d) Ensure that an appropriate method is used to check water chemistry as specified in state aquatic facility regulations; and (e) Retain records of daily water chemistry checks for at least two years on site; and (f) Ensure that the steps detailed in Sec. 98-972 (b-f) are completed if any conditions exist that require temporary closure of public and semi-public aquatic facilities as specified in Sec. 98-972 (a) below. (g) Register certification as a Certified Pool Operator with City of North Richland Hills Consumer Health Department and maintain a copy of the registration on site at the facility. In the event that the certified pool operator is no longer employed on premises, the aquatic facility must employ another certified pool operator who possesses or obtains a current North Richland Hills certified pool operator registration within 30 days of the effective date of termination or permanent transfer of the previous certified pool operator. To ensure compliance with this article, it is recommended that all certified pool operators use a test kit certified by the American National Standards Institute (ANSI). Sec. 98-972. — Temporary Closure of Public and Semi-Public Aquatic Facilities Page 9 (a) The following conditions require immediate closure of public and semi-public aquatic facilities: 1) The emergency phone on-site is absent, missing, or not functioning; or 2) The water chemistry of the aquatic facility is outside of required legal limits or is hazardous to public health and safety; or 3) Life safety equipment or signage is missing or damaged; or 4) The required safety vacuum release system (SVRS) is not working; or 5) Drain or suction outlet covers become damaged or detached; or 6) The bottom of the aquatic facility cannot be clearly seen at any part of the water body; or 7) The aquatic facility equipment ceases to circulate; or 8) The facility enclosure is damaged; or 9) The gates or doors to the aquatic facility fail to self-close and self-latch; or 10)An entanglement or entrapment hazard exists, regardless of the age of the aquatic facility; or 11)Any other event or condition exists that is hazardous to the health or safety of swimmers or of the general public. (b) If the consumer health official, certified pool operator, and/or person in charge determines that any condition exists in the aquatic facility that is hazardous to the health or safety of the swimmers or of the general public, the facility shall be closed and the certified pool operator and/or the person in charge shall immediately take all reasonable steps to prevent the use of the aquatic facility during closure. This includes: 1) All entrances into the aquatic facility enclosure shall be secured and locked. The certified pool operator and/or person in charge shall be responsible for keeping the entrances secured and locked at all times while the facility is closed. 2) Signs shall be posted at all entrances to the aquatic facility. Said sign shall be clearly visible to a reasonably observant person and shall state in minimum 2 inch letters, 'POOL CLOSED." The certified pool operator and/or person in charge shall be responsible for keeping the closure sign visible at all times. 3) A closure sign posted by the consumer health official shall not be removed by any person other than the consumer health official. Removal of the closure Page 10 sign posted by the consumer health official without authorization may result in citation, suspension, and/or revocation of the aquatic facility permit. (c) If the consumer health official determines that the condition of the aquatic facility is hazardous to the health or safety of the swimmers or the general public and orders closure, a reinspection of the facility must be conducted by the consumer health official prior to allowing the aquatic facility to be used or reopened. The reinspection shall be conducted during the regular working hours of the Department of Neighborhood Services at the request of the certified pool operator. If compliance has been achieved, the consumer health official shall notify the certified pool operator and/or the person in charge that the aquatic facility may be opened or reopened for use by swimmers and the general public. (d) If a reinspection of the facility by the consumer health official is required, a reinspection fee shall be charged for each reinspection of each aquatic facility in accordance with Sec. 98-661 above. (e) It shall be a violation for the certified pool operator and/or the person in charge to allow use of the aquatic facility after the consumer health official has ordered the facility closed and before the consumer health official has informed the certified pool operator and/or person in charge that the facility may be reopened. (f) Use of the aquatic facility by an individual for swimming, diving or bathing purposes after the consumer health official has ordered such aquatic facility to be closed shall be deemed prima facie evidence that the owner of the aquatic facility has knowingly allowed the aquatic facility to be used for such purposes. Sec. 98-973. - Additional Regulations for Aquatic Facility Enclosures a) The aquatic facility shall be surrounded by an approved enclosure not less than six feet in height with self-closing and self-latching gates or doors at all entrances into the aquatic facility area with latches or locks designed to keep children out of the aquatic facility area without adult supervision. Said enclosure shall be kept in good repair or secured at all times, and shall comply with all other provisions of state aquatic facility regulations. b) A door or pool alarm shall be required if deemed necessary by the Director on all doors and windows inside a building that provide direct access into the pool enclosure. c) In addition to any other law and pursuant to Texas Local Government Code Ch. 214, Subchapter C, "Swimming Pool Enclosures", as amended, the City may repair, replace, secure, or otherwise remedy an enclosure that is damaged, deteriorated, substandard, dilapidated, or otherwise in a state that poses a hazard to the public health, safety, and welfare. The City may order the owner of the enclosure or any person in control of the property on which the enclosure is located to repair, replace, secure, or otherwise remedy the enclosure in accordance with Texas Local Gov't Code Sec. 214.101. Page 11 Sec. 98-974. - Additional Signage and Safety Requirements for Public and Semipublic Aquatic Facilities (a) The aquatic facility enclosure shall maintain all signage required by state aquatic facility regulations, as well as any other signage deemed necessary and beneficial by the Director of Neighborhood Services. (b) A guide line rope with intact, functional floats shall separate the shallow portion of the aquatic facility from the deep portion at the breakpoint depth as deemed necessary by the consumer health official. This line must be securely in place during all hours of facility operation. (c) Cyanuric acid use and levels shall be governed by either State Aquatic Facility Regulations or the most recent adopted version of the Model Aquatic Health Code created by the Centers for Disease Control and Prevention. The more restrictive provision shall apply. Sec. 98-975. - Compliance with Local and State Regulations Regarding Backflow Prevention and Stormwater Control (a) Water introduced into the aquatic facility shall be supplied through an approved air gap. Any other method of introducing water into the aquatic facility system must comply with all other city ordinances and best management practices recommended by the Texas Commission on Environmental Quality, regardless of the age or pre-existence of the facility. If any conflict between provisions exists, the more strict provision shall apply unless a variance from this provision is granted. (b) All backwash and drainage water shall be disposed of into the city sanitary water system through lines and equipment installed in accordance with all codes and ordinances adopted by the City of North Richland Hills and all other relevant jurisdictions unless said water: 1) Does not possess any potentially hazardous characteristics that would pose a threat to private or public health and safety or to property; and 2) Is to be used to recycle as non-potable gray water and for conservation purposes only. (c) No backwash or drainage water may be pumped or drained directly to adjacent public or private property. Sec. 98-976. - Regulations for All Persons in Aquatic Facilities A person commits an offense if he: Page 12 (a) Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge, diarrhea, or a communicable disease and bathes in a public or semipublic aquatic facility; or (b) Alters or removes safety equipment or signage from a public or semipublic aquatic facility except in an emergency; or (c) Alters or damages any part of a public or semipublic aquatic facility enclosure or allows the aquatic facility enclosure to remain unsecured while the enclosure is under repair; or (d) Alters or damages drain and/or suction outlet covers or grates; or (e) Carries glass within a public or semipublic aquatic facility area or enclosure; or (f) Allows an animal under his control to enter or remain within the aquatic facility area or enclosure of a public or semipublic aquatic facility without approval from the Director of Neighborhood Services, unless the animal is a service animal; or (g) Interferes with or obstructs the consumer health official while the consumer health official is in the process of enforcing this article; or (h) Is the certified pool operator or the person in charge and violates any provision of this article. SECTION 2. Appendix A "Fee Schedule" of the Code is amended to add the following fees to Section 98-661: Certified Pool Operator $21.00 Aquatics Facility Reinspection $54.00 SECTION 3. Appendix A "Fee Schedule" of the Code is amended to remove the following "Swimming Pools-public and semi-public permit" fees from Section 18-193 and place them in Section 98-661 to read as follows: Aquatics Facilites-public and semi-public permit Application (new owners/new business) $104.00 Plan review $123.00 Annual permit fee per pool/spa $160.00 SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, City of North Richland Hills, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event Page 13 the conflicting provisions of the other ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. Any person, firm or corporation who violates, disobeys, omits, neglects, refuses or fails to comply with, or who resists the enforcement of any provision of this ordinance shall be fined as provided in Code of Ordinances Section 1-13 for each offence. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of the Code of Ordinances, City of North Richland Hills, Texas, as amended, which have accrued at the time of the effective date of this ordinance; and, as such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this ordinance but may be prosecuted until final disposition by the court. SECTION 8. This ordinance shall be in full force and effect from and after its passage as provided by law, and it is so ordained. AND IT IS SO ORDAINED. PASSED AND APPROVED ON THIS 13th DAY OF June 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Page 14 ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to Content: Stefanie Martinez, Director of Neighborhood Services Page 15 ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Consider renewal of professional services agreement for audit services to BKD, LLP PRESENTER: Kent Austin, Director of Finance SUMMARY: The City Council is being asked to renew a professional services agreement for Audit Services to BKD, LLP. GENERAL DESCRIPTION: On June 24, 2013, City Council approved a professional services agreement for Audit Services to BKD, LLP. The term of the engagement was for fiscal years 2013, 2014, and 2015 with two optional one-year renewals. Services to be provided included, but were not limited to, the annual audit of the City's financial statements (including bond official statement documents), review of the Comprehensive Annual Financial Report, State and Federal Grant auditing and reporting, compliance testing of the requirements of the Texas Public Funds Investment Act as amended, internal control review of various city departments, and payroll tax consultation. BKD has performed well during the past three fiscal year audits. Council is now being asked to approve the first of two one-year renewals. BKD's proposed engagement letter is attached. The firm is proposing a fee of $111,000 ($96,580 for financial statement audit and $14,420 for single audit), a slight increase from last year's $105,825. RECOMMENDATION: Approve renewal of professional services agreement for audit services to BKD, LLP. BKOLLP 94 i ' L - V- CPAs&Advisors bkd.com May 11, 2016 Honorable Oscar Trevino, Mayor and Members of City Council Mr. Mark Hindman, City Manager Mr. Kent Austin, Finance Director City of North Richland Hills, Texas 4301 City Point Drive North Richland Hills, Texas We are pleased to confirm the arrangements of our engagement and the nature of the services we will provide to the City of North Richland Hills, Texas. ENGAGEMENT OBJECTIVES AND SCOPE We will audit the basic financial statements of the City of North Richland Hills, Texas (the City) as of and for the year ended September 30, 2016, and the related notes to the financial statements. Our audit will be conducted with the objectives of ✓ Expressing an opinion on the financial statements ✓ Issuing a report on your compliance based on the audit of your financial statements. ✓ Issuing a report on your internal control over financial reporting based on the audit of your financial statements. ✓ Expressing an opinion on your compliance, in all material respects,with the types of compliance requirements described in the U.S. ice of Management and Bridget(OMB) Compliance Supplement that are applicable to each of your major federal award programs. ✓ Issuing a report on your internal control over compliance based on the audit of your compliance with the types of compliance requirements that are applicable to each of your major federal award programs. ✓ Issuing a report on your schedule of expenditures of federal awards. raxitE wmmom City of North Richland Hills, Texas May 11, 2016 Page 2 OUR RESPONSIBILITIES We will conduct our audit in accordance with auditing standards generally accepted in the United States of America(GAAS),the standards applicable to financial audits contained in Gorernment Auditing Standards issued by the Comptroller General of the United States and Title 2 U.S. Code ofFederal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards require that we plan and perform: ✓ The audit of the financial statements to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement,whether caused by fraud or error. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. ✓ The audit of comp]lance with the types of compliance requirements described in the OMB Compliance Supplement applicable to each major federal award program to obtain reasonable rather than absolute assurance about whether noncompliance having a direct and material effect on a major federal award program occurred. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance having a direct and material effect may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS. Tn making our risk assessments, we consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will Communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified daring the audit. Also, in the future, procedures could become inadequate because of changes in conditions or deterioration in design or operation. Two or more people may also circumvent controls, or management may override the system. We are available to perform additional procedures with regard to fraud detection and prevention at your request, subject to completion of our normal engagement acceptance procedures. The actual terms and fees of such an engagement would be documented in a separate letter to be signed by you and BKD. Kevin Kemp, partner, is responsible for supervising the engagement and authorizing the signing of the report or reports. City of North Richland Hills, Texas May 11, 2016 Page 3 We will issue awritten report upon completion of our audit of the City's financial statements. Our report will be addressed to the Mayor and Members of City Council of the City. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis of matter or other matter paragraph(s), or withdraw from the engagement. if we discover conditions that may prohibit us from issuing a standard report, we will notify you as well. In such circumstances, further arrangements may be necessary to continue our engagement. We will also express an opinion on whether the combining fund statements, budget to actual schedules and schedule of expenditures of federal awards ("supplementary information") is fairly stated, in all material respects, in relation to the financial statements as a whole. YOUR RESPONSIBILITIES Our audit will be conducted on the basis that management and, where appropriate, those charged with governance acknowledge and understand that they have responsibility: a. for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; b. for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; c. for identifying and ensuring compliance with the laws, regulations, contracts and grants applicable to your activities (including your federal award programs); and d. to provide us with i. access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation and other matters; ii. additional information that we may request from management for the purpose of the audit; and iii. unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. As part of our audit process,we will request from management written confirmation acknowledging certain responsibilities outlined in this engagement letter and confirming: • The availability of this information City of North Richland Hills, Texas May 11, 2016 Page 4 • Certain representations made during the audits for all periods presented • The effects of any uncorrected misstatements, if any, resulting from errors or fraud aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole The results of our tests of compliance and internal control over financial reporting performed in connection with our audit of the financial statements may not fully meet the reasonable needs of report users. Management is responsible for obtaining audits, examinations, agreed-upon procedures or other engagements that satisfy relevant legal, regulatory or contractual requirements or fully meet other reasonable user needs. With regard to supplementary information: • Management is responsible for its preparation in accordance with applicable criteria • Management will provide certain written representations regarding the supplementary information at the conclusion of our engagement • Management will include our report on this supplementary information in any document that contains this supplementary information and indicates we have reported on the supplementary information • Management will make the supplementary information readily available to intended users if it is not presented with the audited financial statements OTHER SERVICES We may perform other services for you not covered by this engagement letter. You agree to assume full responsibility for the substantive outcomes of those services, including any findings that may result. You also acknowledge that those services are adequate for your purposes and that you will establish and monitor the performance of those services to ensure that they meet management's objectives. Any and all decisions involving management responsibilities related to those services will be made by you, and you accept full responsibility for such decisions. We understand that you will designate a management-level individual to be responsible and accountable for overseeing the performance of those services, and that you will have determined this individual is qualified to conduct such oversight. ENGAGEMENT FEES Our fees will be $111,000 ($96,580 for financial statement audit and $14,420 for Single Audit). Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will be paid promptly. We will issue progress billings during the course of our engagement, and payment of our invoices is due upon receipt. Interest will be charged on any unpaid balance after 30 days at the rate of 10%per annum. City of North Richland Hills, Texas May 11, 2016 Page 5 Our engagement fee does not include any time for post-engagement consultation with your personnel or third parties, consent letters and related procedures for the use of our reports in offering documents, inquiries from regulators or testimony or deposition regarding any subpoena. Charges for such services will be billed separately. Our fees may also increase if our duties or responsibilities are increased by rulemaking of any regulatory body or any additional new accounting or auditing standards. If our invoices for this or any other engagement you may have with BKD are not paid within 30 days, we may suspend or terminate our services for this or any other engagement. In the event our work is suspended or terminated as a result of nonpayment, you agree we will not be responsible for any consequences to you. OTHER ENGAGEMENT MATTERS AND LIMITATIONS BKD is not acting as your municipal advisor under Section 15B of the Securities Exchange Act of'1934, as amended. As such, BKD is not recommending any action to you and does not owe you a fiduciary duty with respect to any information or communications regarding municipal financial products or the issuance of municipal securities. You should discuss such information or communications with any and all internal or external advisors and experts you deem appropriate before acting on any such information or material provided by BKD. Our workpapers and documentation retained in any form of media for this engagement are the property of BKD. We can be compelled to provide information under legal process. In addition, we may be requested by regulatory or enforcement bodies to make certain workpapers available to them pursuant to authority granted by law or regulation. You agree that we have no legal responsibility to you in the event we provide such documents or information. To the extent permitted by the laws of the state of Texas,you agree to indemnify and hold harmless BKD and its personnel from any claims, liabilities, costs and expenses relating to our services under this agreement attributable to false or incomplete representations by management, except to the extent determined to have resulted from the intentional or deliberate misconduct of BKD personnel. To the extent permitted by the laws of the state of Texas, you agree that any dispute regarding this engagement will,prior to resorting to litigation, be submitted to mediation upon written request by either party. Both parties agree to try in good faith to settle the dispute in mediation. The American Arbitration Association will administer any such mediation in accordance with its Commercial Mediation Rules. The results of the mediation proceeding shall be binding only if each of us agrees to be bound. We will share any costs of mediation proceedings equally. Either of us may terminate these services at any time. Both of us must agree, in writing, to any future modifications or extensions. If services are terminated, you agree to pay us for time and expenses expended to date. City of North Richland Hills, Texas May 11, 2016 Page 6 If any provision of this agreement is declared invalid or unenforceable, no other provision of this agreement is affected and all other provisions remain in full force and effect. This engagement letter represents the entire agreement regarding the services described herein and supersedes all prior negotiations, proposals, representations or agreements, written or oral, regarding these services. It shall be binding on heirs, successors and assigns of you and BIND. We may from time to time utilize third-party service providers, e.g., domestic software processors or legal counsel, or disclose confidential information about you to third-party service providers in serving your account. We remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your information. In addition,we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information. In the event we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. We will, at our discretion or upon your request, deliver financial or other confidential information to you electronically via email or other mechanism. You recognize and accept the risk involved, particularly in email delivery as the Internet is not necessarily a secure medium of communication as messages can be intercepted and read by those determined to do so. You agree you will not modify these documents for internal use or for distribution to third parties. You also understand that we may on occasion send you documents marked as draft and understand that those are for your review purpose only, should not be distributed in any way and should be destroyed as soon as possible. If you intend to include these financial statements and our report in an offering document at some future date, you agree to seek our permission to do so at that time. You agree to provide reasonable notice to allow sufficient time for us to perform certain additional procedures. Any time you intend to publish or otherwise reproduce these financial statements and our report and make reference to our firm name in any manner in connection therewith, you agree to provide us with printers' proofs or masters for our review and approval before printing or other reproduction. You will also provide us with a copy of the final reproduced material for our approval before it is distributed. Our fees for such services are in addition to those discussed elsewhere in this letter. You agree to notify us if you desire to place these financial statements or our report thereon along with other information, such as a report by management or those charged with governance on operations, financial summaries or highlights, financial ratios, etc., on an electronic site. You recognize that we have no responsibility as auditors to review information contained in electronic sites. Any time you intend to reference our firm name in any manner in any published materials, including on an electronic site, you agree to provide us with draft materials for our review and approval before publishing or posting such information. City of North Richland Hills, Texas May 11, 2016 Page 7 BKD is a registered limited liability partnership under Missouri law. Under applicable professional standards, partners of BKD, LLP have the same responsibilities as do partners in a general accounting and consulting partnership with respect to conformance by themselves and other professionals in BKD with their professional and ethical obligations. However, unlike the partners in a general partnership, the partners in a registered limited liability partnership do not have individual civil liability, directly or indirectly, including by way of indemnification, contribution, assessment or otherwise, for any debts, obligations or liabilities of or chargeable to the registered limited liability partnership or each other, whether arising in tort, contract or otherwise. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2014 peer review report accompanies this letter. Please sign and return the attached copy of this letter to indicate your acknowledgement of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. If the signed copy you return to us is in electronic form, you agree that such copy shall be legally treated as a"duplicate original" of this agreement. BKD, LLP Acknowledged and agreed to on behalf of City of North Richland Hills, Texas BY Oscar Trevino, Mayor DATE BY Mark Hindman, City Manager DATE [»�rf|c��� �f . vov^" /Vy�|.e �� hL�f| ]| �x . ~.u<��V0e ^N'Au�,�,,,j* .....wo� � ^m`°°aI)/+` ",."v** «*o-,*`*w n.r«p"cvo uvn To the Partners u[BK{), LLP and the National Peer Review Conm/oiUot We have reviewed the systern of'quality control for the accounting and auditing practice of BKD, LIT (the firm) applicable 10 engagements [lot cu6iuo\0urC&[)Ylpermanent inspection io effect for the year ended May 3i, 20l4. Our Peer review was conducted im accordance with the Standards for Performing and Reporting mn Peer Reviews established bvthe Peer Review Board ofthe American Institute of Certified Public Accountants. As a pan of our peer review, we considered reviews by regulawiy entities, if applicable, in determining the nature and extent of our mocedures. The firm is tesponsible for designing a system of quality control and complying with it to provide the firm with reasonable m000n^rice of' performing and reporting incnoibnnity with applicable professional standards in all material respects. Our responsibility is to express all opinion on the design ofthe systern of quality control and tile hou`s compliance therewith based .muur review, Thv nature, objectives, scope, limitations of, wzdd`tprou*dorosperfhnmedin * 3*utormRcvim* aredo»^rik*JiuAzostx/ndurdsa1 &x required hy the stwmdvrds, moAmgomuomtzoe\nctu4Knreviewioc|udodrugugemou|spnr/i`nned "uJer U*ve/nxw*n/ a[/v6fix\gSlnoau/&. audits of employee benefit plans, audits performed nuclei- Fl)/[IA, audits o[ carrying broker-dealers, all(] examinations ofservice organizations(SOC 1). lo our opinion, the system ofqoaUty control for the accounting and auditing practice of0}{1), LIP applicable to engagements not subject 1upC&(}8 permanent inspection io effect for the year ended May 3l, 2O]4, has been suitably designed and complied with to provide the firin will) reasonable assurance of performing and reporting in conRumity with applicable professional standards in all material respects. Firms can receive a rating ofpelss,pass with d4, fix/on(y(iex} orfi�//. 8&D` LLPbusrec6ve'iapomrrevie`vr*1iog^fp*zc y / D»|ou Rouge, k,unisi*m September l9, 2Al4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.l-a and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no Interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number of business. 2016-53951 BKD,LLP Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a parry tot the contras for which the form Is 05/11/2016 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 Engagement Letter 5/11/16 Audit Services 4 Nature of Interest Name of Interested Parry City,State,Country(place of business) (check applicable) Controlling I Intermediary Wolfe,Mike Springfield,MO United States X Hansen,Eric Springfield,MO United States X Dickman,Ted Indianapolis,IN United States X 5 Check only if there is NO Interested Party. ❑ 6 A I swear,or affirm,under nal KIRSTEN MOTTWILER LOSIS ry of per jury,that the above disclosure is we and correct. ��...� Notary Public,State of Teaas Comm.Expires 11.16.4019 '`w?•r'`a Notary 10 130//1205 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE p�"9gG�CChh �,�"V Sworn to and subscribed before me,by the said { LL.(O Y d'f t. tins the , „ , ,,,, ,,,day of , 20_, x,,to certify which•witness rry hand and seal of office. a < „ " nature of ofAadmmistenmoadti-- rioted name of officer administering oath Title of officer a r nisiering oath Forms provided by Texas Ethics Commission www.ethics.state.ot.us Version V1.0.1021 NKH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-24-2013 Subject: Agenda Item No. F.1 Award Professional Services Agreement for Audit Services to BKD, LLP Presenter: Laury Fiorello, Assistant Finance Director Summary: The City Council is being asked to award a professional services agreement for Audit Services to BKD, LLP. General Description: Deloitte, LLP has performed the audit for the City of North Richland Hills for the last four years. While the City does not have a policy mandating the periodic rotation of auditors, management believes that it is good practice to request proposals periodically to ensure the City is receiving the best possible audit services. Prior to this occasion, the last time the City requested proposals for auditing services was in 2009. On April 5, 2013 the City requested proposals for Professional Auditing Services from local, regional, and national accounting firms by direct mail, and newspaper advertisement. The proposal specifications were prepared by staff to ensure conformance with nationally accepted governmental auditing standards while promoting and protecting the interests of the City of North Richland Hills. The proposal described relevant aspects of the audit process from start to finish. The term of the engagement will be for fiscal years 2013, 2014, and 2015 with two optional one-year renewals. Services to be provided include, but are not limited to, the annual audit of the City's financial statements (including bond official statement documents), review of the Comprehensive Annual Financial Report, State and Federal Grant auditing and reporting, compliance testing of the requirements of the Texas Public Funds Investment Act as amended, internal control review of various city departments, and payroll tax consultation. The following firms submitted proposals (listed in alphabetical order): • BKD, LLP • KPMG, LLP • Crowe Horwath • Patillo, Brown, and Hill, LLP • Deloitte, LLP • Weaver, LLP • Grant Thornton • Whitley Penn, LLP The proposals were evaluated using these major criteria: 1) Mandatory elements such as independence and audit quality. 2) Expertise and Experience 3) Audit Approach 4) Ability to meet stated deadlines. The proposals were reviewed by a six member Proposal Review Committee: • Karen Bostic, Assistant City Manager • Larry Koonce, Director of Finance • Caroline Waggoner, Assistant Director of Public Works • Cameron Rowland, Assistant Director of Human Resources • Laury Fiorello, Assistant Director of Finance • Amy Stephens, Accountant II Interviews were held with four of the firms: BKD, LLP, Patillo, Brown, and Hill, LLP, Weaver, LLP and Whitley Penn, LLP. After careful review and consideration of all the critical elements involved, the committee concluded the best proposal was submitted by the accounting firm of BKD, LLP of Dallas. The firm's proposal offered support that their firm has the best qualifications when combining all critical elements of the evaluation criteria. As such, the committee recommends award of the engagement to BKD, LLP. The firm has extensive experience in municipal auditing and ranked high in all technical areas of evaluation. They are currently serving over 150 municipal governmental clients. Their references include, but are not limited to, the City of Bedford, City of El Paso, City of Lubbock, City of Lancaster, The Colony, and City of Kerrville, Texas. BKD, LLP has proposed the following costs for services (Audit, Bond Official Statement Review, and Payroll Tax Consultation) for 2013 ($98,650), 2014 ($101,200), and 2015 ($104,225). This engagement gives the City the right to review the auditor's performance each year. Acceptable performance reviews will be necessary to continue auditing services the following year. Recommendation: Award Professional Services Agreement for Audit Services to BKD, LLP. DRAFT . 0 BKOUP Gdla Ix 152A 2961 CPAs&Advisors Y12/"d 8262 7 ux Y12 IN 0613 www,dkdxom June 13, 2013 Honorable Oscar Trevino,Mayor and Members of'('ity Council Mr. Mark l findrnan, Cit)r Manager Mr. Larry Koonce, Finance Director ('try of North Richland. Hills, Texas 7301 NF Loop 820 North Richland Hills, "Texas We are pleased to confirm the, arrangements of our engagement and the nature of the services we will piovidfe to the City of'Norlh Richland Hills, "Texas. ENGAC:fr:l'tIEN'r OBJECTIVES AND SCOPE We will audit the basic financial statements of the City of Noath Richland Hills, 'Texas as of and fbi-the year ended September 30, 2013, and the related notes to the financial sl atements. Our audit will be conducted with the objectives of. • Expressing an opinion on the financial statements • Issuing a report on your compliance biased on the audit of your financial statements. ✓ Issuing a report on your internal control over financial reporting based on the audit of your financial statements. ✓ Expressing rata opinion on your compliance, in all material respects,with the types of compliance requirements described in the CL .S Offace of Alfaanaagerraent and Budget r"ircv /nr 2- 133 (,o),iipliazrrae,°it p enrerat that are applicable to each of your major federal award piograrn. Issuing a report on your internal control over compliance based on the audit of your compliance with the types of compliance reclliremeuts that are applicable to each of yarn-iwkjor federal award progmmsi. ✓ Issuing a report on,your schedule of expenditures of federal awards. I" ' y i I?4MR " experience City of Nortl:i. l21Clll$rlfl Hills, Texas exii5 D % / Ame 13, 2013 Page 2 OUR RESPONSIBILITIES We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GAAS), the stairdlaids applicable to financial audits contained in Government Anivana,Standards issued by the (`omptioller General of the 1 inited States and U.S. Office of Management and Budget (01\413) Circular A-133,Amfits o�S"tdates, Local Governments, and lironpForit 0l"r xnn%;rations. "['hose staiielards aegtiiie that we plan arad perforru: ✓ The audit of the financial statements to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement,whether damsel[by ft and of error. Ara audit involves performing procedures to obtain audit evidence about the amounts and diselosines iii the financial stateirients. The pi ocedu es selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. Air audit also includes evaluating the appropriateiiess of accounting policies used and the reasorralrleness uf`signi"crint accoiuitnig estnirates made by management, as well as evaluating the overall presentation of the financial statements. ✓ The audit of compliance with the types of comphance requirements described in the OMI3 Ci chlai A-133 Compliance Supplement applicable to each major federal awai d,l piogiam to obtain reasonable rather than absolute assurance about whether noncompliance having a direct and material effect oil a major federal award program occurred. Because of the inherent limitations of an audit, together with the inherent limitations of internal conti ol, an unavoidable risk that sortie material misstatements or noncompliance having a direct and in aterial effect iruay riot be defected exists, even though the audit is properly planned and perf'onned ill accordance with GRAS. In making our risk assessments, we consider internal control relevant to the entity's pre;paiafion and fair presentation of the financial statements in order to design audit piocediues that are appropriate in the circumstances but not for the purpose of expressing an opi rion on (lie effectiveness of the entity's hrternal control. However, we will communicate to you hr wiitirig condensing any significant deficiencies or material weaknesses ill internal control relevant to the audit of the financial statements that we have identified during the audit. Also, ill the f rture, proeedmes could became madedluate because of changes in conditions or deterioratrori in design or operation. Two or more people may also circumvent controls, or management rimy override the system. We are available to perform additional procedures with regard to fraud detection and prevention at your request, subject to completion of our normal engagement acceptance procedures. The actual terns and fees of such all engagement would be documented in a separate letter to be signed by you and BKD. Kevin Kemp is responsible for supervising the engagement and authorizing the signing of the report or reports. City of Nortl:l. I21C111$alfl Elr.11.5, "I exas D % / June 13, 2013 Page 3 We will issue a written report upon completion of oul audit of the City of North Richland IIill's financial statements. Our report will be addressed to the nmyur and rnernbea's of city council of the City of North Richland hills. We cannot provide assurance that an unmodified opinion will be expressed. 4'ircurnstances may arise in which it is necessary for us to modify our opinion, add all emphasis of matter or other matter paragraph(s), or withdraw front the engagement. If we discover conditions that may prohibit us from issuing a standard report, we will notify you as well. In such curcnurstauees, further air angerrrertts ruay be necessary to continlre otrr erngagerlrent. We wr.11 also express an opinion oil whethei the combining financial statements and varnus budget and actual schedules ("supplementary information") area fairly stated, in all material respects, in relation to the financial statements as a whole. YOUR RESPONSIBILITIES Our audit will be conducted on the basis that management and, where appropriate, those charged. with governance acknowledge and under stand that they have responsibility: a. for the pi eparation and fi-or presentation of the financial statements in accordance with accounting principles generally accepted in the Lrnited States of America; b. for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from rnlaterial misstatement, whether clue to fraud or error, c. for identifying and ensuring compliance with the laws, regulations, contracts and grants applicable to your activities including your federal award progiaurs); and d. to provide us with i. access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation and other matter's; ii. additional information that we may rcfluest from management for the purpose of the audit, and in. unrestricted access to persons within the entity from whom we detennine it necessary to obtain audit evidence. As part of our audit process, we will request ti om management and. where appropriate, those charged with governance, written confirmation acknowledging certain responsibilities outlined in this engagement letter and confirming: • The availability of this information City of Nord:r. l21Clllailfl E1r.11.5, "1 eXaS D % / Tune 13, 20113 Page 4 • Certain representations inade during the audits for all periods presented • The effects of air)(l,nncl ITected misstatements, if air)(, resulting front errors or fraud aggregated by us dru ing the cm ient engagement and pertaimug to the latest period presented are nuntaterial, both individually and in the aggregate, to the financial statements taken as a whole The results of our tents of compliance and internal control over financial reporting performed in cornrection with arrr audit of the financial statements may not frilly meet the reasonable needs of repot t users. Management is responsible for obtaining audits, examinations, agreed-upon procedrues or other engagements that satisfy relevant Legal, regulatory or contractual. requiternents or fully meet other reasonable user needs. With regard to supplementary information: • Management is responsible for its preparation in accordance with,applicable ci iteria • Management will provide certain written representations regarding the supplementary information at the couclmiou of our engagement • Management will include our report on [his supplementary information in any document that contains this supplementary information and indicates we have reported on the supplementary information • Management will make the supplementary information readily available to intended users if it is not presented with the audited financial statements OTHER SERVICES We may perform farther services for you not covered by this engagement letter. Year agree to (assume full responsibility for the substantive outcomes of the services described above arnd for any either services that we may provide, including any findings that may result. You also acknowledge that those services are adequate for your proposes and that you will establish and monitor the performance of those services to ensure that they meet management's objectives. Any and all decisions involving management functions related to those services will be made by yen(, and you accept full responsibility for such decisions. We undeistand that you will designate a management-level individual to be responsible and accountable for overseeing the performance of these service.,.,, and that you will have determined this individual is qualified tea conduct sucli oversight. ENGAGEMENT FEES Our fees will be $93,350 ($80,150 for fitimcial statement audit and .$13,200 for Single Audit) which includes an administrative fire to cover items such as copies, postage and either delivery charges, supplies, technology-ielated costs such as computer processing, software licensing, research and library databases and similar expense items. ('fly of Nortl:r. I21Clll$r1fl Elr.l1.5, '1 exiis D % / June 13, 2013 Page 5 Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will 'be paid promptly. We will issue l)rogr css billings during the course of our engagement, and payrnerrt of oan invoices is due upon receipt. Interest will be charged ern any unpaid balance after 30 days at the rate sat' 10%per annum. Our engagement tee floes not include any little for post-engagement consultation with your personnel or third parties, consent letters and related procedures for the use of om repoats in offering documents, in(luirnes frow regulators or testnrrony or deposition regarrhug air)( subpoena. Charges for such services will be billed separately. Our fees may also increase if our duties or responsibilities are increased by rnlerrraking of any regulatory body or any additional new accounting of auditing standards. We will consult with you in the event any other regulations or standards are issued treat may mmpaca our fees. If our invoices for this or any other engagement you may have with BKL7 are not paid within 30 days, we inlay suspend or terminate our services far this or any other engagement In the event our work is suspended or terminated as a result of noupaynrent, you agree we will not be responsible far any consequences to you. OTHER ENGAGEMENT' MATTERS AND T:IMITABONS Our wo kpapers and documentation retained in any foam of"media for this engagement ar'e the propci Cy of BKD. We can be compelled to provide information under legal process. In addition, we may be requested by regulatory or enforcement bodies to make certam workpapers available to them pursuant to authority granted by law or regulatoru. You agree that we have no legal responsibility to yore in the event we provide such documents or infoiniatiorn. To the extent permitted by the 'laws of tile State of Texas, you agree to indemnify and hold harmless BKD and its personnel from any claims, liabilities, costs and expenses aelatirrg to our services trader this agreement attributable to false or incomplete representalumis by management, except to the extent determined to have resulted from the intentional or deliberate misconduct. of BKD personnel. 'To the extent permitted by the laws of the State of"Texas, you agree that any dispute regarding this engagement will, prior to resorting to 'litigation, be submitted to inedia tiorn upon written request by either party. Both parties agree to try in good faith to settle the dispute in mediation. The American Arbitration Association will administer any such mediation in accor(tance with its Commer cial ;Mediation Rules. 'Eire results of the mediation proceeding shall be binding only if' each of us agrees tsar be bound. We will share any costs ofrnediation proceedings equally. Either of us may terminate these services at any little }Toth of its rriust agree, in writing, to any firtme modifications or extensions. If services are terminated, you agree to pay us fcrr time expended to slate. If any provision of this agreement is declared invalid or wrenforceable, no other provision of this agreement is affected and all other provisions remain in hill force and effect. (.'lty of Nortl:a. RICIII$tlfl Hills, Texas e.Xiis D / / June 13, 2013 Page 6 This eugagement letter represents the entire agreement regarding the services described herein and supersedes all prior negotiations, proposals, representations or argrcements, written or oral, regarding these services. It shall be binding on heirs, successors and assigns of you and BKL7. We may from tame to time luilize third-panty service pioviders, e.g., dorrnestic softwaae pioce,.;sors or legal counsel, or disclose confidential information about you to third-party service providers in serving your account. We remain committed to maintaining the confidentiality and security of your infortu ation. Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your information. In addition, we will secure confidentiality agreenwilts with all service providers to maintain the confidentiality of youa� information. ha the event we are unable to secure an appropriate confidentiality agrecrrrent, you will be asked to provide your consent pnor to the sharing of youa confidential information with the third-party service provider. We will, at our discretion or upon }tour request, deliver financial or other confidential information to you electronically via email of other inechanism. You recognize and accept the risk involved, particularly in email delivery as the Internet is not necessarily a secure medhnn of conmrun icatiou as messages cart be intercepted and read by those determined to do so. You agree you will not nnodify these documents for internal rise fu f6r distribution to thh d parties. You also understand that we may on occasion send you documents marked as dhaaft and understand that those are for your review puapose only, should not be distributed in any way and should be destroyed as soon as possible. If"yon intend to include these financial statements and our report in an offering document at some future date, you agree to seek our permission to do so at that time. You agree to provide reasonable notice to allow sufficient time for its to perform certain additional procedures. Any three you intend to publish cr otherwise reproduce these financial statements and our report and make reference to our firm name to any manner in connection therewith,you agi ee to provide its with printers' proots or masters for our review area approval before prhrting or other reproduction. You will also provide us with a copy of fire final reproduced material for our approval before it is distributed. Our Ices for such services will be $4,000 per offering document. You agree to notify us if you desire to place these financial statements or our report fhercon err all electronic site. You recognize that we have no responsibility as auditors to review infonmation contained inn electronic sites. Any little you intend to reference our firm narue in any manner in any published materials, including oil an electronic site, you agree to provide its with chadl materials for our review and approval befiare publishiaag car posting such information. City of Nortl:a. l21Clll$rlfl Elr.11.5, T exas D % / June 13, 2013 Page 7 BKD is a registered limited liability partnership under Missouri law. Under applicable professional standards, partners of BKD, LLP have the same responsibilities as do pactraers in as general accouutnrg and coos rbing partnership with respect to conformance by themselves and other professionals in BBD with their piofessional and ethical obligations. However, unlike the partners in a general partnership, the partners in a registered limited liability partnership do not have individual civil liability, directly or indirectly, including by way of indemnification, contribution, assessment or otherwise, for any debts, obligations or liabilities of or chargeable to the registered limited livability partnership or each other, whether arising in Mort, contract or otherwise. Please sin and return the attached copy of this letter to indicate your acknowledgement of, and agreement with, the arrangements for our audit of the financial statements including om respective responsibilities. If the signed copy you return to us is in electronic forru, you agree that such copy shall be legally treated as a "duplicate criginal" of this agreement. BKD, LLP Acknowledged and aapeed to on behalf of City of North Richland frills„ Texas BY (Name & Title - Member of I"hose Charged with (:governance) DATE BY (Name Ak 'Title - Member of Management) DATE ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: 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. Children ages 5 to 12 are invited to learn about bicycle safety at a free bike rodeo on Saturday, June 11th. The rodeo will take place from 9:30 to 11 :30 a.m. at Cross Timbers Park. Space is limited and pre-registration is required. Call the NRH Centre at 817-427-6600 to register and get more details. June is National Adopt-a-Shelter-Cat Month. To celebrate, the North Richland Hills Animal Adoption & Rescue Center is reducing adoption fees to $60 for kittens and puppies 6 months and under, and $20 for cats and dogs over 6 months of age. Please call or visit the adoption center for more information. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Mark Hill in the Water Department — A resident called to share appreciation and thanks after Mark found a phone in the street, tracked down the owner and returned it. It's great to know we have such honest and caring employees working in our community. M RH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, JUNE 13, 2016 WORK SESSION: 4:30 PM Held in the City Council Work Room - 3rd Floor CALL TO ORDER 1. Discuss annual budget and plan of municipal services for FY 2015-2016 and planning and program of services for FY 2016-2017. 2. Discuss items from regular City Council meeting. 3. Welcome and introduction - public official, public employee or citizen. 4. Discuss boards and commissions - appointment, review, and attendance. 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. Monday, June 13, 2016 City Council Agenda Page 1 of 4 1 Section 551.071: Consultation with City Attorney to seek advice about pending or threatened litigation or a settlement offer - City of North Richland Hills v. Windward Partners VII, LP, et. al. 2 Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820: (2) Southeast corner of Rufe Snow and NE Loop 820: and (3) 8300 Starnes Road. 3 Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - Southeast corner of Rufe Snow and NE Loop 820 4 Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - city attorney. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers - 3rd Floor A. CALL TO ORDER A.1 INVOCATION A.2 PLEDGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Teen Court Scholarships 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 May 16, 2016 City Council meeting. Monday, June 13, 2016 City Council Agenda Page 2 of 4 B.2 Authorize the City Manager to execute a contract with Tri-Lam Roofing and Waterproofing for building envelope and roof repairs at 6110 Dick Fisher Drive West in the amount of $121,350.00 C. PUBLIC HEARINGS C.1 SUP 2015-06, Ordinance No. 3409, Public Hearing and consideration of a request from Marvin Smith for a Special Use Permit for a Detention Pond on the proposed Smith Farm Addition site located at 7601 Douglas Lane. C.2 SDP 2016-02 Public Hearing and consideration of a request from Detate Property Group, LLC for a Special Development Plan for The Fountains at Iron Horse on 7.910 acres at 6301 Iron Horse Boulevard. D. PLANNING AND DEVELOPMENT D.1 FP 2015-02 Consideration of a request from Marvin Smith for a Final Plat of Smith Farm Addition on 8.00 acres located at 7601 Douglas Lane and an associated Detention/Retention Storage Facility Maintenance Agreement and Water Course Maintenance Agreement. D.2 FP 2016-04 Consideration of a request from Robert Espinosa for a Final Plat of Lot 3, Block 13, Meadowview Estates on 0.969 acres located at 8409 Rumfield Road. E. PUBLIC WORKS F. GENERAL ITEMS F.1 Appointment of mayor pro tem. F.2 Consider Ordinance No. 3414, amending the City's Code of Ordinances Chapter 98, Article XII - Aquatics Facilities. F.3 Consider renewal of professional services agreement for audit services to BKD, LLP 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 Monday, June 13, 2016 City Council Agenda Page 3 of 4 H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on Friday, June 10, 2016 at 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 13, 2016 City Council Agenda Page 4 of 4 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Discuss annual budget and plan of municipal services for FY 2015- 2016 and planning and program of services for FY 2016-2017. PRESENTER: Mark Mills, Director of Budget & Research SUMMARY: Staff will provide Council with an update on the current fiscal year budget and the planning to date for the program of services for fiscal year 2016-2017. GENERAL DESCRIPTION: Staff will provide a presentation updating the City Council on issues related to the Fiscal Year 2015/2016 budget. Staff will also begin discussion of the Fiscal year 2016-2017 budget by providing an economic overview and an overview of the significant revenue and expenditure impacts that have been identified through the budget process to date. These presentations will be followed by an opportunity for staff to address City Council questions. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 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. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Discuss boards and commissions — appointment, review, and attendance. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to discuss and provide direction to staff regarding attendance of board and commission members. GENERAL DESCRIPTION: The City Council approved legislation (Article III. — Board, Commissions and Committees, City Code of Ordinances) that outlines the appointment, review, removal, and training for boards and commissions. Each year elected officials submit nominees to the city secretary, which are placed on the City Council agenda for discussion and action. The terms of office for appointed board/commission members is two years, unless stated otherwise in state law or local ordinances. The appointments coincide with the place number of elected officials. Those elected officials serving in odd-numbered places appoint volunteers to serve in the respective place on such board/commission, likewise for elected officials in even- numbered places. The Mayor recommends nominees who serve as alternates, ex- officio, and as outlined by local ordinances. The terms of office begin on July 1 and end on June 30 of the last year of the appointment. In an effort to assist City Council with the annual appointments, a citizens' pool is maintained by the City Secretary's Office. Citizens interested in serving their community complete and submit applications to the city, which are kept on file for one year. The City Secretary's Office utilizes the "Notify Me" module on the city's website that allows interested citizens to sign up for information, news, or announcements regarding vacancies or annual appointments. As of today, we have 57 subscribers. At the May 16 work session, Mayor Trevino asked that staff place an item on work session to provide Council the opportunity to discuss the boards, commissions, and committees that are appointed by City Council. 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PRESENTER: Cara Leahy White, Assistant City Attorney CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1 ) 7301 NE Loop 820 and (2) Southeast corner of Rufe Snow and NE Loop 820 PRESENTER: Mark Hindman, City Manager CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - Southeast corner of Rufe Snow and NE Loop 820 PRESENTER: Mark Hindman, City Manager CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees — city attorney. PRESENTER: Mark Hindman, City Manager ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Teen Court Scholarship Presentation PRESENTER: Karen Russell, Teen Court Board Chairperson GENERAL DESCRIPTION: The Northeast Tarrant Teen Court Advisory Board created a scholarship donation program to allow the public, as well as teens, to donate to the scholarship fund used to reward and show appreciation to graduating seniors who have participated in the volunteer teen court program. The Teen Court Board is made up of representatives from North Richland Hills, Watauga, Haltom City, and Richland Hills. Scholarship applicants must meet strict criteria to be eligible for scholarship consideration, including years of volunteer service, an essay, high school transcripts, and a short bio for the panel interview with the Teen Court Advisory Board. This year the Teen Court Board would like to award four scholarships, totaling a $5,200 to the following participants: Kendall Jarboe— Graduating Senior from a Home-School program. Kendall began volunteering in our Court in December 2014. She has been an active Teen Attorney and has been active in our Attorney trainings. She competed in the annual Teen Court Competition in April of this year, against 18 other teams. She plans to attend Biola University, in California, and major in Broadcast Journalism. Kayla Margenau — Graduating Senior from Richland High School Kayla began volunteering in our Court in May 2011. She has been an active Teen Attorney, active in our Attorney trainings and competed in the annual Teen Court Competition both this year and last. She plans to attend Tarrant County Community College and major in Criminal Justice. Nicholas Russell — Graduating Senior from Birdville High School Nicholas began volunteering in our Court in June 2011. He has been an active Attorney, active in our Attorney trainings and competed in the annual Teen Court Competition last year. He plans to attend Texas Tech University and major in U.S. History (Pre-law). IgRH NORTH KICHL,AND HILLS Amanda Roach — Graduating Senior from a Home-School program. Amanda began volunteering in our Court in October 2015. She has been an active Attorney since then and expressed that she wished she had known about our Teen Court program a lot sooner. We agree, as she has done a great job representing our program. She plans to attend Texas Wesleyan University and major in Mass Communication. We are very proud of all 4 of these seniors and appreciate their outstanding service to our program. 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. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Approve minutes of the May 16, 2016 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: To approve the minutes of the May 16, 2016 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL , 4301 CITY POINT DRIVE MAY 16, 2016 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 16th day of May 2016 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Absent: David Whitson Mayor Pro Tern 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 Vickie Loftice Managing Director Alicia Richardson City Secretary Cara L. White City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6:00 p.m. 1 DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Mayor Trevino announced that items C.2 (SUP 2015-06) and C.3 (FP May 16, 2016 City Council Meeting Minutes Page 1 of 13 2015-02) would not be considered by City Council this evening. Due to a conflict of interest, Commissioner Randy Shiflet abstained from discussion and voting on the items. Commissioner Shiflet left the meeting, and at that time, the Planning and Zoning Commission did not have a quorum to consider the items. The items would be considered at a future meeting. Mayor Trevino asked City Manager Mark Hindman to place an item on work session to discuss attendance of board and commission members. 2 WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. There was no one present to introduce at the meeting. City Manager Mark Hindman informed Council that Don Wertzberger's official last day with the City of North Richland Hills was Friday, May 13. Mr. Wertzberger is employed as a contract employee on a part-time basis to finish the punch list items remaining for City Hall. 3 YOUTH ADVISORY COMMITTEE 2016 PROJECT PRESENTATION Assistant to the City Manager Kristin James introduced Tyler Berry who presented Council with the Youth Advisory Committee's project. The committee recommends a plan to promote the City's current social media sites. Mr. Berry outlined the reasons to change social media strategies: (1) better engage the city's Millennial and Generation Z population; (2) raise awareness for city events and programs; (3) promote interaction with residents; and (4) create unique city identity. Chair Caroline Beagle reviewed the Committee's proposed changes: (1) better cross promotion of current social media accounts; (2) utilize SnapChat; and (3) hire a social media manager. Ms. Beagle and Mr. Berry responded to questions from Council. May 16, 2016 City Council Meeting Minutes Page 2 of 13 EXECUTIVE SESSION Mayor Trevino announced at 6:17 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.71 : Consultation with City Attorney to seek advice about pending or threatened litigation or a settlement offer - correspondence from Freedom From Religion Foundation; Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820and (2) Southeast corner of Rufe Snow and NE Loop 820; Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - consideration of extension of inury leave for a police officer; and Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - (1) Southeast corner of Rufe Snow and NE Loop 820 and (2) Southeast corner of Boulevard 26 and Rodger Line Road. Executive Session began at 6:23 p.m. and concluded at 7:00 p.m. Mayor Trevino announced at 7:00 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 16, 2016 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Mayor Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 May 16, 2016 City Council Meeting Minutes Page 3 of 13 Absent: David Whitson Mayor Pro Tern Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Cara L. White City Attorney A.1 INVOCATION Council member Rodriguez gave the invocation. A.2 PLEDGE Council member Rodriguez led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.3.1 OATHS OF OFFICE / SWEARING IN CEREMONY The Oath of Office was administered to Mayor Trevino and Council members Wright Oujesky, Barth and Turnage. Mayor Trevino recessed the meeting at 7:28 p.m. for a reception to honor the newly elected officials. Mayor Trevino reconvened the meeting at 7:46 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 May 16, 2016 City Council Meeting Minutes Page 4 of 13 No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED COUNCIL MEMBER TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE MAY 9, 2016 REGULAR CITY COUNCIL MEETING. 13.2 APPROVE CORRECTED MINUTES OF THE APRIL 25, 2016 REGULAR CITY COUNCIL MEETING. 13.3 AUTHORIZE PAYMENT TO THE CITY OF FORT WORTH FOR THE ANNUAL RADIO SYSTEM SERVICES INFRASTRUCTURE IN THE AMOUNT OF $134,676. Mayor Trevino announced that Council would move to item F.1 . F.1 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT APPROVED Assistant to the City Manager Kristin James introduced the item and Chair Caroline Beagles presented the report. Ms. Beagles commented that the committee is in the process of recruiting new members and will be ready to forward recommendations to City Council for the 2016-2017 academic year. The committee was involved in several services project throughout the year that included the Fall Fix-it-Blitz, Hoot n Howl, Night of Holiday Magic and Sounds of Spring. The following members will graduate from the program at end of May: Caroline Beagles, Silviya Bustola, Emily Crowson, Brian Crowson, Brad Pipes, and Ethan Rodriguez-Shah. Council had no questions for the Youth Advisory Committee members. May 16, 2016 City Council Meeting Minutes Page 5 of 13 COUNCIL MEMBER LOMBARD MOVED TO ACCEPT THE YOUTH ADVISORY COMMITTEE'S 2016 YEAR-END REPORT. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C. C. PUBLIC HEARINGS C.1 SDP 2016-03, ORDINANCE NO. 3410, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM OUR COUNTRY HOMES FOR A SPECIAL DEVELOPMENT PLAN FOR IRON HORSE COMMONS ON 27.842 ACRES IN THE 6400 AND 6500 BLOCKS OF IRON HORSE BOULEVARD. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Planning Manager Clayton Comstock informed Council the applicant Our Country Homes is requesting a Special Development Plan for property located at 6400 and 6500 blocks of Iron Horse Boulevard. The area is designated on the comprehensive plan as Transit Oriented Development "TOD" and the current zoning is TOD. The purpose of the TOD 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. Mr. Comstock provided site photos of the property. Applicant representative John Pitstick, 700 West Harwood Road, Hurst, Texas, introduced Dustin Austin and Dan Quinto who were available to answer questions. Applicant representative Dan Quinto, 602 Northwood Trail, Southlake, Texas, informed Council that Our Country Homes understands City Council's vision and goals for the Transit Oriented Development and they will ensure their proposed development is consistent with those goals. Mr. Quinto outlined the proposed plan for the live/work units and mixed May 16, 2016 City Council Meeting Minutes Page 6 of 13 use buildings in the development. The proposed plan will maintain the pedestrian oriented / urban character from the train station. In response to Council member Barth's question, Mr. Quinto commented that the live/work units could be a single story building, but they are anticipating that they will be two story buildings. Mr. Pitstick reviewed the five requested waivers and outlined changes made from their first request. He informed Council that Our Country Homes would be supportive of angled parking as recommended by Kimley Horn's evaluation. Mr. Pitstick further commented that they are requesting on-street parking. If their application is approved, they are requesting that Council authorize the Development Review Committee (DRC) approve any final site plans based on the Transit Oriented Development regulations. In response to Council member Barth's question, Mr. Pitstick informed Council the public art would be located in the plazas in Lots 1 and 2. In response to Council member Welch's question, Mr. Pitstick informed Council that the market will dictate the build out of the three tracts. The smaller homes are selling in the area and they hope to be on the ground with units before the train station. He advised that if their application is approved tonight that they are bringing forward requests to the Planning and Zoning Commission for tracts 1 and 2. Planning Manager Clayton Comstock presented staff's report and recommendations regarding applicant's requested waivers. The Planning and Zoning Commission, at their May 5, 2016 meeting recommended approval with a vote of 6-0. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. May 16, 2016 City Council Meeting Minutes Page 7 of 13 COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE SDP 2016-03, ORDINANCE NO. 3410. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.2 SUP 2015-06, ORDINANCE NO. 3409, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A SPECIAL USE PERMIT FOR A DETENTION POND ON THE PROPOSED SMITH FARM ADDITION SITE LOCATED AT 7601 DOUGLAS LANE. This item was not discussed or considered by the City Council. C.3 FP 2015-02 CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A FINAL PLAT OF SMITH FARM ADDITION ON 8.00 ACRES LOCATED AT 7601 DOUGLAS LANE. This item was not discussed or considered by the City Council. CA ZC 2016-02, ORDINANCE NO. 3408, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARTEC FOR A REVISION TO PLANNED DEVELOPMENT 36 (PD-36) LOCATED IN THE 9000-9100 BLOCKS OF NORTH TARRANT PARKWAY INCLUDING ADJACENT PARCELS ON DAVIS BOULEVARD AND PRECINCT LINE ROAD. APPROVED Mayor Trevino opened the public hearing for items CA and C.5 and called on Principal Planner Clayton Husband to introduce both items. Principal Planner Clayton Husband informed Council the applicant ARTEC is requesting a Planned Development 36 (PD-36) for property located at 9000-9100 blocks of North Tarrant Parkway, to include adjacent parcels on Davis Boulevard and Precinct Line Road. The area is designated on the comprehensive plan as Retail and the current zoning is Planned Development (PD-36). Mr. Husband provided site photos of the property. Applicant representative David Rey, 6800 Weiskopf Avenue, Suite 150, McKinney, Texas, presented request and was available to answer May 16, 2016 City Council Meeting Minutes Page 8 of 13 questions. Principal Planner Clayton Husband presented staffs report and reviewed the applicant's site plan, landscape plan and building elevations. He advised the photometric plan complies with current lighting standards. The replat creates a separate lot for the restaurant and separates it from the existing shopping center site. The Planning and Zoning Commission, at their April 21, 2016 meeting recommended approval with a vote of 4-0 for the zoning change and replat. City Council had no questions for staff or the applicant. 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. COUNCIL MEMBER LOMBARD MOVED TO APPROVE ORDINANCE NO. 3408. COUNCIL MEMBER WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.5 RP 2016-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SUN HOLDINGS FOR A REPLAT OF LOTS 2R1 AND 2R2, BLOCK 1, WAL-MART ADDITION ON 3.91 ACRES LOCATED IN THE 8200 BLOCK OF PRECINCT LINE ROAD. APPROVED This item was presented with item C.4. COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE RP 2016-04. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. May 16, 2016 City Council Meeting Minutes Page 9 of 13 D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT City Council took action on this item earlier in the meeting. F.2 CONSIDER ORDINANCE NO. 3413, ABANDONING AND CLOSING A PORTION OF BIRCHWOOD DRIVE. APPROVED City Engineer Caroline Waggoner presented item and was available to answer questions from Council. City Council had no questions for staff. COUNCIL MEMBER WELCH MOVED TO APPROVE ORDINANCE NO. 3413. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.3 CONSIDER ORDINANCE NO. 3414, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2016 RATE REVIEW MECHANISM FILING. APPROVED Assistant City Manager Karen Bostic presented item and was available to answer questions from Council. The purpose of the request is to approve an ordinance that authorizes the negotiated rate settlement agreement. May 16, 2016 City Council Meeting Minutes Page 10 of 13 City Council had no questions for staff. COUNCIL MEMBER TURNAGE MOVED TO APPROVE ORDINANCE NO. 3414. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Mayor Trevino announced that action is necessary as a result of Executive Session pursuant to the Local Government Code Section 551.074 pertaining to personnel matters. City Manager Mark Hindman informed City Council that the City Charter allows city employees the opportunity to extend on the job injury leave beyond one year. The city received a request from a police officer to consider an extension of their injury leave. COUNCIL MEMBER WELCH MOVED TO APPROVE POLICE OFFICER INJURY LEAVE WITH FULL PAY FOR 45 CALENDAR DAYS FROM THE EXPIRATION OF THE ONE YEAR LEAVE. COUNCIL MEMBER BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Lombard made the following announcements. City Hall and other non-emergency City offices will be closed on Monday, May 30, 2016 for the Memorial Day holiday. The NRH Centre, Iron Horse Golf Course and NRH2O Family Water Park will be open on Memorial May 16, 2016 City Council Meeting Minutes Page 11 of 13 Day. Garbage and recycling will be collected as normal. A project to improve Rufe Snow Drive between Mid Cities and Ridgetop Road will begin soon. The project includes reconstruction of the existing five lane roadway to seven lanes, along with sidewalk and intersection improvements. Motorists should expect lane closures beginning in early June, with one lane remaining open in each direction throughout the project. Construction is expected to take about 22 months to complete. Watch for more information about the project on the city's website. Kudos Korner - Cindy Garvin of the Planning and Development Department - A contractor emailed his appreciation for Cindy's assistance throughout the permit and inspection process. He said, "In a day when so many people just do enough to get by, it is refreshing to work with someone that goes the extra mile to get the job done. She is a blessing to your organization." I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:58 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary May 16, 2016 City Council Meeting Minutes Page 12 of 13 May 16, 2016 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 13, 2016 SUBJECT: Authorize the City Manager to execute a contract with Tri-Lam Roofing and Waterproofing for building envelope and roof repairs at 6110 Dick Fisher Drive West in the amount of$121,350.00 PRESENTER: Chris Amarante, Director of Facilities and Construction SUMMARY: This project will consist of replacing the existing roofing system, caulking, and flashing at 6110 Dick Fisher Drive West, Facilities & Construction/Fleet Services/Fire Maintenance. GENERAL DESCRIPTION: An independent roofing consultant was hired in 2011 to evaluate the conditions of roofs on city facilities. As a result of this evaluation, the consultant recommended the existing built-up roof system at Facilities & Construction/Fleet Services/Fire Maintenance be replaced, sealing the building envelope. The roofing system is original to construction. The new roofing system includes the removal and replacement of the system down to the metal decking, counter flashing, metal coping, and through-wall flashing. In addition to the replacement of the roofing system, all exterior control joints and windows will have the existing caulking removed and new backer rod and caulking installed. The wall between the low and high roof will be power washed and given new wall coating. The City of North Richland Hills is a member of several inter-local groups and utilizes existing contracts with vendors through Local Government Purchasing Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Tri-Lam Roofing and Waterproofing has performed roof replacements and repair projects for the City with favorable project history. This project was approved in the FY2015-2016 Capital Project Budget, project FC1601, for $165,000. IqRH RECOMMENDATION: Authorize the City Manager to execute a contract with Tri-Lam Roofing and Waterproofing for building envelope and roof repairs at 6110 Dick Fisher Drive West in the amount of$121,350.00 Ak TRI-LAM ROOFING & WATERPROOFING Phone: (817)247 65622 965 Enon Ave Everman,Texas 76140 May 27, 2016 To: Ken Raney Project: City of NRIi,Texas Choice Partners Coop #2092415 09-24-2018 Scope of work: Install a new 20year SopremaTotal Roofine System warrantv 1. Remove existing roof down to the metal decking. 2. Install 3.5 Sopra ISO insulation with screws and plates. 3. Install 25/32 wood fiber in hot asphalt. 4. Install Soprema Elastophene Sanded in hot asphalt. 5. Install Soprema Sopralene Flam 180 FR GR in hot asphalt. 6. Install coping cap. 7. Install sheet metal flashing. S. Remove caulking from the control j oints install new backing rod as needed and install new NP-1 caulking. 9. Power wash the existing wall between the lower and higher roof and install new wall coating. 10. Remove the caulking around the windows and install new caulking. 11. Remove the old roof drains and install 6 new cast iron drains. 12. Install new metal counter flashing over the existing canopy. 13. Tri-Lam will furnish two-year contractor warranty. 14. Tri-Lam will furnish all labor and equipment to complete this project. Total $121,350.00 Exclusion: No structural deck repairs,Masonry,Mechanical work and remove any solar panels. Thank you for the opportunity to provide a quote for the above scope of work Please feed free to call me with any questions at 817320 1250 Respectfully submitted, Alfl e //X Tri-Lam Roofing and Waterproofing 817 320 1250 E-mail trilarnjackic(t�/sbcglobal.nct RFP#J2/054P.B Cleaning and All Other Related Surviow, 5.0 CONTRACTTE RAB AND CONDITIONS These ContrautTorms and Condifiwis are part of the final contract in each productard/or service contract awarded as a result of this RFP and are part of the terms and conditions of mob Purchase Order and/or Job Order or proposal forms issued in connection with this UP, Vendors are responsible for identifying any exceptions to these tennis and conditions. ANY EXCEPTIONS MUST BE' NOTED DIRECTLY BELOW EA(-..',H OF THE RESPECTIVE TERMS AND CONDITIONS. proposals that arc qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by F1CDE/CPC and eliminated from further consideration. CONTRACT BETWEEN HARRIS COUNTY DEPARUMN17 OF EDUCATION AND l it ("Vendor") F This Contract is entered,irrGO bctwee.rr H4;lJ;L annul Veruior,having;surbnritt d apxr>prraal irr resporrsc to ItF'P ft 12,/054P.B issued by I-fCL)E,/CPC and whose proposal bas been acceptod and. awarded by 11ME In consideration of the mutual covenants and exoiditions contained in this Conti-act and other good and valualole consideration, the receipt and sufficiency of which are hereby actmowledged, HCDE and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Contract, agree as follows: 5.1. Definitions The terms used in this Contract shall have the meanings assigned to diem in Section 1.o Notice of intent:of the M). 5.2. Use of Contract by flCDE inciribers Vender agrees and undevrtands that this RFP and Contract may be used to accomplish work for HCDE and FICDE members. See Tl-?X GOWT.CODE § 2267,407, 5.3, Contract Terrus; Amendment Tbe terjns and conditions of d-ris Contract shall govern all procurements conducted hereunder. 'No pre-pubtisfied terms on Vendor's Purchase Order, acknowledgments, invoices, of other forms shall have any force or effect unless expressly agreed to by the HCDE imenibc:• and Vendor, No amendment of this Contract shall be pertnifted unless and until first approved in writing by BCDE and, if neecssary, the HCDE member(s), and no such amendment shall have any effect unless sud until a written aniendincot to this Contract is executed by the HCDE Superintendent or his designee after any necessary aj.-YprovA8 have been obtained from the HCDE Board of Trustees. 5.4. Terin of Contract; Renewal of Conti-act The initial tem-1 of this Coutraof is for a foriod of two (2) years, with HCDE having the option to renew the Contract for three (3) additional one-year terms, at HCDE's Mo discretion, UnICSS otbevwisc, specified in Section 6,0 Scope of proposal, See TEX Cl WI% CO17'f1 § 2267409. Consequently, the total tcrin of the ConPact may bo for it period of five (5) year,,, The phrase UT JOC Componeut (revised 6.25.12) Page 22 of 90 1UT#[2/0541113--Waterproofing/Mmonry Restoration,Cleaning and)W Other Related Scrvice,4 "Term" in this Contract shall mean the then-current Term of the Contract, whether an initial term or a ronewal term. 5,5, 'fermlination of Contract This Contract shall remain in effect until (1)the Contract expires by its terms or(2) the Contract is terminated by nnitual consent of HCDE and Vendor. In the event of a breach or default of the Contract and/or the RFP by Vendor, HCDE reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of HCDE and/or HCDE members. HCDE further reserves the right to terminate the Contract immediately in the event Vendor falls to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the UP, this Contract, and/or a Purchase Order or Job Order; (2) make any payments owed; of (3) otherwise perform in accordance with this Contract and/or the RFP. HCDE also reserves the right to terminate [.be Contract immediately, with written notice to Vendor, if HCDE believes, in its sole discretion that: it is in the best interest of HCDE and/or I-JCDE niembeys to (to so. Vendor agrees that HCDE shall not be liable for damages in the event That FICDE declares Vendor to be in default or breach of this Contract and/or the RIT. Vendor furthor agroeq that upon termination of the Contract for any reason,Vendor shall,in good faith and with reasonable cooperation, aid in the transition to any new arrangement and/or Vendor. 5,6, Buy America Act; Prevailing Wage Rates HCDE and HCDE members have a preference for domestic end products for supplies acquired for use in the United States when spending federal funds. Purchases that are made with non-federal funds or grants are excluded from the Buy America Act, Vendor and all subcontractors of Vendor shall comply with all laws regarding prevailing wage rates, including, but not limited to, TEX GOV'T, CODE, Chapter 2258, applicable to the construction of a public work, and any related federal reguirernents, including the DAVIS- BACON ACT. In the event TEX. GOV' •, CODE Chapter 2258 applies to a product or service provided by Vendor to HCDE or an llCDE member, Vendor turd arty subcontractor(s) shall comply with the provailingwage rates set by IICDE or the Iff"DE member. 5.T Change Orders Puntiant to TEX. E'DUC. CODE § 44.(All(a), for HCDE and HCDE incinbers that are Texas school districts, if a change-, in plans or specifications is necessary after the performance of a Job Order and/or Purchase Order has begun or if it is necessary to decrease or increase the quantity of work to be performed or ofinaterials, equipment, or supplies to be furniAcd, the HCDE member may approve change orders making the changes. The total Job Order and/or Fiii-chase,Order price may not be increased because of the changes unless additional money for increased costs is approved for that purpose from available money or is provided for by the authorization of the issuance of time warrants. The HCDE member may grant general authority to an administrative official to approve the change orders. A Job Order and/or Purchase Order with an original contract price of$1 million or more may not be increased under TEX El")UC. (.'ODE§ 4 0411(a) by wore than 25 percent, If a change order for a Job Order and/or Purcliaso Order with an original contract price of J."s than$1 million increases the rootrad amount to $1 million or more,the total KFF JOC Component(rovised 6.2S.12) Page 23 of 90 RIT#12/0541,13—Waterproof rrp JMasonry Rostoraticn,Cleaning anal All Oflier Related Servicos of the subsequent change orders may not increase lino revised contract arnotrm by more than 25 percent of the original coalraotprioe. 5,8. Compliance with Laws Vendor shall comply with all applicable. federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations, the DAVIS-BACON A(Tf(40 U.S.C. § 276a/29 CFR Pan 5), the Copeland "Anti-Kickback" Act (18 U.S.C. § 874 / 29 CFR Part 5), the Equal Opportunity Employment requirements (Executive Orders 11246 and 11375 / 41 CFR Chapter 60), Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-330 /29 CFR Part 5), the McNamara-O'Hara Service Contract Act (41 U.S.C. 351), Section 306 of the Clean Air Act (42 U.S.C. § 1857h, Section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, Environmental Protection Agency regulations (40 OTTO Part IS), Administrative Requirements for Grants and Cooperative Contracts to state, local, and federally recognized Indian tribal govermnents (24 CFR Part 85), mandatory standards and policies contained in the state energy conservation plan issued in compliance with Cho Rnergy Policy arid Conservation Act (Pub. L" 94-163, 89 St& 871), and all applicable rmluiremcnts and regulations, including those related to reporting, patent rights, copyrights, data ripjas and those mandated by federal agencies making awards of federal funds to HCDE and/or HCDE members. For the entire duration of this Contract, Vendor and all subcontractors shall maintain all required licenses, certifications, permits, and any other its will be acquired by Vendor and documentation necessary to perform this Contract. All po-fru invoiced to the HCDE member at cost as part of the Purchase Order, unless the permits are provided by the IICDE member. Vendor must comply with all state and local building code requirements unless otherwise specifically provided in the HCDE member's Purchase Order or Job Order, and Vendor must pay all fees and charges for connections to outside services and for use of property outside the project site, The states of individual HCD2 members may have regulations and laws that govem payment retention and progress payments for public: projects, Vendor is responsible for being acquainted with and complying with each state's requirements, When required or requested by IlCT)E or In MCDE member, Vendor sluill furnish ITUDE ,and/or theliCDE mornber with satisbictory proof of Vendor's compliance with this provision, 5.9, Confidentiality I Vendor and HCDE agree to securo the confidentiality of all information and records in accordance with applicable federal and state laws,rules, and regulations. Vendor and HC1XYCPC understand that Lie Family Educational Rights and Privacy Act (YERPA), 20 U.S.C. § t232g, governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable. Vendor also acknowledges that HCDE and manomus 1ICDE members are subject to the Texas Public Information Act, and Vendor waives any claim against and reloages from liability RCDP and TIME members, their respective officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this Contract or otherwise created, assembled, maintained, or held by Vendor,HCDE, or an T-ICDY,,' member and determined by HCDE of the HCDE member, the Attorney General of Texas, or a court of law to besubjoct to disclosure under thel.I oxaq Public Inforination Act. 5.M P erforma nee and Pa ymen t Bonds li FPJOCC!onipottQiit(revised 6,23,12) Tap 24 of 90 RIP#12/054FB- Watel-))I-Oofing/Ma�;orixyR.eitoratioii,Cleaning and AIJ Other R.(JatedServices Vendor agroe.8 to provide perforitunice bonds and/or payment bonds as required by law, based On the amount or estimated aniount of any Purchase Order or Job Order, as rLppli0q1b1U, for a public work contract, which is defined as a contract for constructing, altering, or rep4iYing a public building or carrying Out or completing any public work. or Job Order, is applicable. TEX. GOWT. CODE §§ 2253.001(4); 2267.411., Pursuant to TEX. GOVT. CODE § 2253.021, a performance bond is required if a Job Order or Purchase Order is in excess of$100,000 for HCDE members that are governmental entities subject to Chapter 2253; a payment bond is required if it , Job Order or Purchase Order is in excess of$25,000 for HCDE irierribsrs that arc governmental entities subject to Chapter 2253 and are not municipalities or a joint board created Linder Subchapter D, Chapter 22 of the Tex.Tramp. Code, and a payment bond is required if a Job Order or Purchase Order is in excess of $50,000 for HCDE members that arc governmental entities subject to Chapter 2253 and are i-rairticipalities or a joint board created under Subchapter D, Chapter 22 Of the TEX. T.RANSP• CODF,. 5,11. Title and f)jsl(of LoNs Whenever 1-1CME, or an HCDE racrober is purchasing (mid .not: leasing) a product under this CorLtract, title and risk of loss shall pass upon the later of HCDE or the 11CDB member's invoice. 5.12, Warranty Conditions All product(s) and/or service(s)provided by the Vendor under this Contract mast be warranted to be ftee from defects in material, workmanship, and free from such defects in design for a period of one (1) year upon the later of HCDE's or the HCDE member's acceptance Of the product and/or service or payment of the applicable invoice. Vendor warrants that all products and/or services furnished under this Contract shall conform in all respects to the terms of this Contract, including arty dr,,Wngs, specifications, and/or standards incorporated hereiti, inct-Liding, without Limitation, those detailed in the FFP, Purchase Order, and Job Order. In addition, Vendor warrants that products and/or cervices arc suitable for mid will pQrfonn in accordance with the purposes for which they are intended. Vendor shall assume all liabilities irtair-rod within the scope Of consequential daniagos and incidental expensos, as set ,forth in the Vendor or manufacturer's warranty, which result from either delivery or use OF product, which does not inett the spccifitcations within this Contract, the RFF,purchase Order,or Job Order, 5.13. Criminal 1-fistory.11eview Section 11..0 Nttachment 46—SB 9 Contractor Cerlificalion: Contractor Employees and Attachment #7-513 9 Contractor Certification: Subcontractor Forim must be submitted with packet, if applicable. Priot to commencing any work under th�, Contract, if Vendor contracts with HCDE to provide cervices, Vendor must comity, on the form provided herein, tl-Lat lbr each covered cmployi,,e of Vendor who will have direct contact with students, Vendor has obtained., as required by TEX EDUC, CODE Scction. 22.0834: (a) state criminal history record information from a law enforcement or cri-ininal justice agency Or a private entity that is it consuiner reporting agency governed by the Fair Credit Reporting Act (15 U&C, Section 1681 et soq) for each covered crilptoyco, of Vendor employed before January 1, 2008; and (b) natiorud criminal history record information for each otuplo);Oc of'Vendor employed on or aftor.lanuary 1, 2008. Vendor must atgo it RI'P jit�C.CoLapoacat(revised 6,25,12) Page 25 of 90 KF?#l2/()54PB -WaterproofingrAtisoury Reqtora[jon,Cleaning acrd All Offitz Belated Servlm'-s' obtain similar ccrtifiQatinug Of Compliance with TFX EDUC. CODR, Chapter 22 from any subcontractors on the form provided hocein. Covered crnployeos with disqualifying criminal history are prohibited from qorving at HCDE or at ffCDL,,' school district members' locations; Vendor and any subcontracting entity may not permit a covered employee to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent aperson.from being employed under TEX. EDUC, CODE § 22,085(a) (i.o.,Title, 5 felony or an offense requiring registration as a sex offender and victim was under 18 years of age or was enrolled in a public school at the time the offense occurred). The criminal history record information review obligation applies only if Vendor contracts with HCDE to provide services; it does riot apply to a contract for the purchase of goods,products or real estate. 5,14, Customer Support Vendor shall provide timely and accurate technical advice and salon support to HCDE/CPC staff, and HCDF, members. Vendor qhall respond to requests for custortor support within 0110 (1) business day after receipt of the ro(rnest Vendor shall provide training to HCDE/CPC staff and/or HCDE members regarding products and/or services supplied by Vendor, at no additional charge, if requested by FICDE/M or at).HCDE member, 5.15. HCDE anilJor HCDE Members' Property In, the event of loss, damage, or destruction of any property owned by or loaned by HCDE or an HCDE member that is caused by Vendor or Vendor's representative, agent, employee, or contractor, Vendor shall indemnify HCDE or the HCDE member and pay to HCDE or the HCDE member the full VaJU0 of or the full cost of repair or replacement of Such Property, whi&cvcr is greater, within thirty (30) days of Vendor's receipt of written notice of HCDE's or the HCDE member's determination of the amount due. If Vendor fails to make timely payment,HCDE or the HCDE member may obtain such money from Vendor by any means permitted by law, including without Hesitation, offset or counterclaim against any money otherwise doe to Vendor by HCDF, Or the E-lCDR member. 5,16. Tax Exempt Status I ICDE and alt I[CDE mernbers that are Texas govermuoliM entities or agencies arc Oxerapt from payment or Texas State Sales Taxes under TEXAS TAX CODE§ .15 13 10 for the purchase Of nulgibte personal Property, Laws of other slates govern the tax status of TICDE triernbers in states other than Texas. Vendor reprosot)ts Find warrants that it shall pay all taxes Or silnilar amounts rMlIfitIg from this Contract,including, without Urnitation, any fedcral, gtrtc,or local,income, sales or excise taxes of Vendor or its employees. HCDE/CPC and HCDE members shall not be liable for any taxes resulting from this Contract, except where otherwise required by law. 5.17, Other State Tax Requirements 5,17.1, Payment of Taxes by 11021H—Members Outside cyfTexas – HCDE members outside of Texas will pay only the rate and/or amount of taxes identified in Vendor's proposal submitted In response to the RFP as appropriate to the s.peci fie BCDE member. 5.17.2, State md-Local 'frinsaction llriyilegp. T xes – '['he HCDE member is subject to all applicable state and local transaction privilege taxes, Transactioulnivilc9e, taxes apPtY to RFP JOC Component(re,vised 625.12) Page,26 of 96 R.FP 0I 2/054PB...WgtorprDofing/Masoery Restoration,0mitig and All OaiorRolated Services the codes of products and are the sole rmponsibility of Vondm, its the seller, to remit. Ftnihlro to rornit taxes from I-ICDF/C,PC and/or the HCDE membar, as the buyer, does not relic ve'Vendor, as the seller,from its obligation to remit taxes. 5.'18. State of Texas Franchise Tax By submitting a proposal in response to the UP, Vendor certifies that Vendor is not currently delinquent in Vondor's payment of any franchise taxes or other taxes owed to the State of Texas. 5,19. Tax Responsibilities of Vendor and Indemnification for Taxes Vendor is responsible for complying with the tax laws of states and the federal government. Vendor and all subooiittaotor(s) of Vendor shall pay all federal, state, and local taxes applicable to Vondor's operation, any persons employed by Vendor, and all subcontractors of Vendor, Vendor shall require all subcontractors to hold IJCDE arid the HCDE incrubor harmloqs from any responsibility ftyr taxes, damages, and interest. If applicable, contributions required under federal, state, and/or local laws and regulations anti any other costs, including, but not limited to, transaction privilege taxes, unemploymunt compensation insurance, Social Security, and Worker's Cornpojjsatioryshall be the sole responsibility of Vendor, 5,20. 116 W-9 To receive payment under this Contract,Vendor shall have a current I.R.S. W-9 Form on file with the B'CDE member. 5.21 Assignment of Contract Vendor may not assign this Contract or any of its rights, ditties or obligations hereunder without the prior written approval of[ICDE. Any attempted assignment of this Contract by Vendor shall be null and void. Any Aurchaso Order or Job Order made as a result of this Contract may not be transferred, assigned, subcontracted, mortgaged, plelPd, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of FICIDE and, if applicable, the ITCDE member, 5.22. Notification of Material Change Vendor is retfuired to notify I-ICD13 ICPC when any material change in operations occurs, ificladint'?, ohantycs in distribution tights for awarded products, bankruptcy, material changcs in financiat condition, change of ownership, anti the like, within three (3) business days of such uhtnrige. 5,23. Performance Vendor agrees to use commercially reasonable best efforts to provide the prodoat(s) anti/or service(s) subject to this Conu• ot, Vendor Shall furnish all supervision, labor, tools, equipinont, Pormits, licenses,transportation, insurance,material, and SUPPHOS nCCCSSary to Complete any scope of work, Purchase Order, or Job Order under this Contract. Vendor shall use skilled, trained persoarrel,who shall be supervised by Vendor. 514, Stibcontrvelors If Vendor uses subcontractors in the performance of any part of this Contract, Vendor shall be Cully rospouslblQ to HCDE and ltCDE members for all acts and ontisglons of the, subcontractoN, RFP JOC Component(revised 6.25.12) Ngo 27 of 90 RF?#12/054PB -Wat0rPM0ft1)t,1/Masonry Restoration,CImintrig and All Other Related Services Nothing it). this Contract shall create for the bonofit of any sLLch subcontractor any contractual relationship between .HCDE and any such. subcontractor, nor shall it create any obligation oil the part of HCDE or TICT"M members to pay or to see to the payrnent of any monies due any such subcontractor except as may otherwise be required by law. Vendor represents and warrants that it is willing, able, Enid capable of obtaining, supervising, and being responsible lot any subcontractors who perform and/or provide products and services related to this Contract, 525. Non-Appropriation Renewal of this Contract, if any, will be in accordance with TEX. LOCAL GOV7. CODE 271.903 concerning non-appropriation of funds for multi-year contracts. Notwithstanding any other provision of this Contract or obligation imposed on HCDE or any HCDE member by this Contract, HCDE and HCDE members shall have the right to terminate this Contract, any Supplemental Contract, Purchase Order, or Job Order without default or liability to Vendor resulting from such termination, effective as of the expiration of each budget period of HCDE or any HCDE metuber if it is determined by HCDE or any HCDE member, at their sole discretion, that there are irsuflicicat funds to extend this Contract, any Supplemental. Contract, any Purchase Order, or Job Order. The parties agree that this contract, any Supplemental Contract, any Purchase Order, tend Job Order are commitments of the current roveraw of IlCDE and HCDE members only. 516, Ordering Procedures Purchase Orders are issued by HCDE and/or HCDE members to the Vendor according to this Contract and any Supplemental Contract between HCDE and the HCDE member. HCDE members mast send Purchase Orders to CPC, unless otherwise stipulated by HCDE/CPC, HCDE/CPC may request confirmation of receipt of the Purchase Order fi•orn,Vendor. HCDE/CPC also may elect to require e-commerce functionality, in which Purchase Orders are sent directly to Vendor and reported by the HCDE member to HUXIUCIPC on a specified basis. The c-cornirterce approach must be approved by HCD'H/CPC prior to the start d ate of luny`Perm of the Contract 5.27. Invoices; Payments ,5.27.1. V endor shall submit invoices, in duplicate, directly to FICDE Or the HCDE member at the appropriate location(8) specified by HCDE or the TTCDE member. Each invoice shall include HCDE's or the HCDE mccnbor'3 Purchase Order number and CPC Contract Number. All invoices shall be itemized to include the type of product(s) and service(s) rendered. Vendor shall submit invoices within a timely manner during HCDE's or the I-TCDE member's fiscal year in which His produet(,$) and/or service(s) are purchased. The shipment tracking twunber or pertinent information for verification of FICDE's or the HCDE member's receipt shall be made available upon request by HCDE or the HCDE member, 5,27.2. RC DE or ffi.c 14CIDE member will make payments directly to Vendor, FICDE or the HCDE nioraber placing the Purchase Order or J66 Order with Ven(tor shall alone be liablo and/or responsible for payment for products) and/Of service(s) orderod and must tv, invoiced JU.'p JOC Component(revised 6.25.12) Past 29 of 96 ition,Cleaning and All Other Rola¢od Services REP 02/054TY13—Watorproofing/Masonry Roaloi directly by Vendor. Neither llCDH nor any HCDT'� nionober shall be liable :tar tho inclobtedneos of any one -ICDE MeMbCa'. 5.27.3, TEX. GOV"T. CODE § 225t.021 shall govern when payments aro due to the Vendor. Payments are due to Vendor by HCDE and any HCDE unctriber whose governing body meets only once a month or less frequently, within forty-five (45) days after the later of the following: (1) the date I-ICDE/CPC or the HCDF, member receives the products and services under the Contract; (2) the date the performance of the service iander the Contract is completed; or(3) the date HCDE/CPC or the HCDE member receives an invoice for the products or service. For HCDE members whose governing bodies meet more than once a month or more often, payments are due by those HCDE members within thirty (30)(lays after the later of the following: (1) the date the HCDE member receives product(s) under the Contract; (2) the date the performance of the service under the Contract is completed; or (3)the date the HCDE member receives an invoice for product(s) or service(s). Vendor agrees to pay any subcontractors the appropriate share of the payrriem received from HCDE or the HCDE member not later than the tenth (10th) day of the(late the Vendor receives the payment from 11CDE or the ITCDE member, The exceptions to payments made by 1-YMB, an FICUE inembe, and/or Vendor listed in TEX. GOV'T.CODE § 2251,002 shall apply to this Contract. 5,28. Reporting The Vendor shall provide HCDE/CPC with a detailed monthly report showing the total dollar volume of all sales under this Contract for the previous month in Microsoft Excel format, in the format and with the information specified by HCDE/CPC. Reports are due on the fifteenth (15) day of the month, after the close of the previous month and shall provide information regarding Purchase Orders and Job Orders during the previous month. Vendor is responsible for Collecting and compiling all sales undor this Contract from all 14CIDE members and submitting one (1) corisolidated inondfly report.. The monthly report shall include, at a noinfi-TILIM, the date of each Purchase Orden or to , , ' Job Order, Purchase Order or Job Order number, JJCDE member roanic, city/town, and Pureha c Order or Job Order total dollar amount:. Reports shall be submitted in an clectronic format to CPC at 6005 Westview, Houston, Texas 77055, or electronically ironed to 5.29. Pricing Changes All prices and discount percentages in Vendor's proposal shall be firm for the Term of C1119 Contract. Pricing may be negotiated during the Contract renewal period. Vendor agrees to promptly lower the proportionate price of any product purchased through this Contract following a reduction in the price the Vendor is payingsupplicrs. All pricing Submitted to FTCDE in Vendor's proposal shall include the administrative fee to be remitted to 1lCDE/CPC by 'Vendor. It is Vendor's responsibility to keep all pricing up-to-date and on file with HCDE/CPC. All price changes shall be presented to HCDE/CPC for acceptance or rejection by flCDE/CPC, in its sole discretion, using the same f6raiat as was accepted in Vendor's original proposal; all price changes for Products and/or services providod under diis Contract must be approved, in writing, by HCDEXPC prior to taking effect. IZUT JOC Coing0flont(revised 6Z,12) Page 79 of 90 r REP 012/05411B- Waterproofing/Mliscory Restoration,Cleaning and All Oliber Related Services The following document Lion shall be provided to support a request for a price clisngc: 0 justification for change/increase a terms and conditions * market conditions * IUO.tlLifac[Lirer8'/distributors' impact, if any All Price decreases shall be allowed for all Products and/or services. 5.30, CPC Administrative Fee I-ICDE/CPC will invoice Vendor, on a monthly basis, for the CPC Administrative Fee of three percent (3%). 'fhe invoice Will be,based on total sales made through this Contract. Vendor shall remit payment of the CPC Fee to HCDE/CPC no later than thirty (30) days following the end of the month. Failure to pay the CPC Administrative Fee in a timely manner may result in Vendor breaching this Contract and may result in HCDE/CPC suspending or temairiating this Contract. Vendor shall honor and pay FlCDE/CPC the CPC Administrative Fee for any sales resulting from this Contract that occurred within thirty (30) days of the expiration or termination of this Contract. 5,31. Records Retention Vendor shall inaintain its records and fircounts in a manner that shall assure a full accounting for all product(s) and/or services) provided by the Vendor to HCDF,/CPC and/or HCDE members under this Contract. These, records and accounts shall be retained by Vendor and made available for review by HCDE/CPC and HCDE members for a period of not less than three (3)years from the date of completion of the service(s),receipt of prod-act(s), the date of the receipt by HCDE Or the HCDE member of Vendor's final invoice or claim for payment in connection with this Contract, or,the date HCDE or the HCDE member makes final payments and closes pending matte's in. connection with a federal grant, whichever is later. If an audit or a compliance review has been announced, the Vendor shall retain its records arid accounts untll such audit or compliance review has beers completed. 5,32 Plight to'lleview, Audit and]aspect lICDE/C-.PC, IICDE Weinberg, any federal agency (its[ has awarded federal fiLn"grint(s) to LICDE or can HCDE mcnilbor, and the Coinpooller(,oncraj of tile IJnitcd States, and/or any of their -T authorized rspre8entatives, shall, Won written notice, have the Eight to audit arid examinc, all of Vendor's records and accounts relating to this Contract and inspect any project performed by the Vendor relating to this Contract. Records stribJect to audit/review s1ia.11 include, but are not Innited to, all Purchase Orders or Job Orders resulting from this Contract and records which may have a bearing on matters of interest to HCDE and/or FICDE i-nembtr(s) in connection with the Vendor's work for HCDE and/or HCDE members, and shall be open to inspection and Subject 10 audit/review and/or reproduction by HCDE/CPC, HCDE member, and/or their authorized representative(s) to the extent necessary to adequately PCTI[lit evaluation and verification oC. 5.321, Vendor's compliancewiffithis Contract and the requirements of thcRFP, 5.312. Compliance with procurement laws, policies, and procedirros, including, without Limitation, toviewing/cornpanrig pricing on Invoices and the appropriate RS Means unit price book Ila.JOC Work porl-brined for HCDE and/or IRDE,members, R-FP JOC Component(revised 6.25.12) Page 30 of 90 I UP#121050:I3_.Watgrpnwfinevlawnty Restoration,Cleaning aaad All Other Mated Services 5.323, Couepli.ancr,: with provisions for computing billings to H('DE/(.'PC, and/or to IICDE members. 5,32.4. Any other matter related to this Contract. 5.33, Indemnification VENDOR SHALL INDEMNIFY AND BOLD HARMLESS EICDE AND EACH HCDE ME1V1f3RR. INCLUDING HCDE'S AND HCDE MEMBERS' TRUSTEES OFFICEAR ADM gSTRATORS. EMPLOX:EIiS, A.ITD AGENTS. FROM ALI, CLAIM S• LLAI3' ITIES COSTS, SUITS OF LAW OR IN FOUELY EXPENSES, ATTORNEYS' FEES. P)NES, tCNAI.TIFSS„OR. DAMAGF,S AI2ISIhG PR.ONI ACTS OR OMISSIONS _Q VENDOR., VENDOR'S FiMI I ()YLOJ S ACANT1 ' (�l�t SUBCONII2Ar7=0RS,_IN.._CONriE "fl N tiVI.CEI CTILS CC7N'I:CiACT ....T. CILIDIG_4ITIIC)lJC._I,IMfT'A'.CIOIC� —All I51:Nt _FR()iVI Cf,A(ME J7J7 T,.N RECTIMUNC__U I ANY .1'/�fl?NI S, . lRAT71 MALiTGS: C(>YYK[fi11T ()7"II33R_CC)R.RESk'f.)Nl)INl_I f21C.3tiT(S} WI 1C'II I5 ItE[AI'�t TO ANY..1'T�'NC VGND()R TS REOLIiRI"la TO C)11i11V R ,_.VENT (.) '4OBLCA A SURVIVE ACCIJ1? RIT?4 12/0541113-Waterproofing/Masonry Restoration,Cleaning,and All Other Related Services I vecluirouients of the RFP. No products may be added to avoid compotftive proctinsuent procedures. IICJ)I,I/C,'f,'(,"ixtayre,jortmiyprop<)seci auditions, wiO.ioutoaus,o, j.n its sole diici,ctioti. 5,40. No Stibstitutleru Any Purchase Order or Job Order issued pursuant to this Contract shall conform to the specifications and desoviptions identified in this Contract and the ]UP. Vendor shall not deliver substitutes without prior written authorization trorn HCDE or the HCDE member, 5,41 Penalties If the Vendor is unable to provide the products) or services at the prices quoted in Vendor's proposal or if Vendor fails to fulfill or abide by the terms and conditions of the Contract, the R-FP, or a Supplemcntal Contract, HCDE or the HCDE member may take the following action(.$,), in the sole discretion of 11CDE or [ho I-ICDE murriber, and Vendor. agrees to comply with the Chosen action(s): 5A1.1, insist that the Vendor honor (he quoted, price(s) spociflod it, Vendor's proposal or the Supplemental Contract, as applicable; 5.41.2. Have the Vendor pay the difference between the Vendor's price and tile price of the next acceptable proposal, as determined by HCDE or the TICDE member; 5.41.3, Have the Vendor pay the difference between Vendor's price and the actual pLarvhase price of the product or service on the open market; and/or 5,41.4, Recommend to HCDE Board of Trustees that the Vendor no longer be given the o ppoftunity to subadt a proposal.to HCDE and/or that this Contract be terminated, 5,42. Promotion of Contract Marketing Plan The marketing of Vondor's company, product, and/or SenViUS shall be the solo responsibility of Vendor, LICDE/C I PC may only .supply Vendor wiffi B"DF mornbers' contact lists Ural, contain n"Itlao, address, phono numbers, and/or email addrcsscb. Other items geared toward the joint- marketing of CPC and Vendor's company, product, and/or services shall be at BCDE'N"'I'C's Sole discretion. Encouraging HCDE members to circumvent this Contract by purchasing dirccSly from Vendor may result in. suspension or termination of this Contract. For so long as this Contract is valid and enforceable between the parties, Vcmdor agrees to display the CPC seal in its marketing collateral materials, such as Vendor's wobsitc and related marketing materials. Vendor shall submit all promotional materials to HC[)L/(,'13C and obtaini written approval before Vendor finalizes or publishes promotional material bearing the HCDE/CPC or CPC name or soal. Vendor may not release any press release or other publication regarding this Contract, or HCDE/CPC unless and until HCDE/CPC first approves the press relcasc,or publication in writing. 5.41 Website Support Vendor agrees to cooperate with lICT)F/CPC in fulLIF.CiZing controot particulars on the CPC w6site. Vendor also agrous to work with JICDI.--YCPC irt updating and maintaining current RF?JOC Component(revised 6.25.12) Page 32 of 40 RFP Gleaning and A]I Other Related9crvicc-S' information. oil Veltdor activities refined to the Contract on tIN CPC w6bsito, Vendor 49=5 to provide at) electronic version of its logo for use on the CPC wob8ite upon. request and provide other information as reasonably requested by 11CDE)CPC to help ensure that the CPC websito is current and consistently updated. 5.44. Safety Vendor, its subcontractor(s), and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, ivles, and regulations in the performance of services under this Contract, including, without thrii hition, those promulgated by HCDE/CPC, TIME members, and by the Occupational Safety and Health Achmixistration ("OSFIA"). In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all other safety guidelines and standards m required by HCDE/CPC or HCDE members, Vendor shall indenii-lify and hold IlCDE and/or the HCDE trivniber harmless from and against all claims, demands, suits, actions,judgments, fines, penalties, ax td liability of every kind, arising fzotn the breach of Vendor's obligations under this provision. 5,45. Workforce Vendor shall ei-riploy only orderly and competent workeng, skilled in the performance of the services, if' any, which shall be performed under this Contract. 'Vendor, its employees, subcontractors, and subcontractor's employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on HCDE and HCDE members' property, nor may such workers be intoxicated or under the influence of alcohol or drugs on HCDE and HCDE members' property. 5,46, Supplemental Contracts An HCDE ilactnber and Vendor may enter into a separate, Supplemental Contract, Any Supplemental Contract developed as a result of this Contract and/or the 13FP is exo1wilvety between. the IICDH, mom.bor and Vendor and shall have no effect or impact on JlCDF, any other HCDE inernber, or this Conlrael. Any Supplemental Contract between Vericlor and an HCDE member is exclusively befsveca that specific HCDE momber arld Vendor and will be subject to in'IT110(fiatO CalWelfiltim), by the HCDE member (without penalty to the 11CDE member) if, in the opinion of the ECDE nxtubtr, the quality, service, and specification requirements, and/or the terms and conditions are not maintained as stated in die Supplemental.Coiattau 5,47, Insurance Vendor is required to provide HCDE/C11C and/or the HCDE member with copies ofoortificates of insurance, naming HCDE/CPC and/or the HCDE marnbci as additional insureds for Texas Workers Compartsation and General Liability Insurance, within 14 business days of contract award and prior to the commencement of ally work under this Contract. Ciertificatcs of Insurance, nuiric and address of Vendor, the limits of liability, the effective dittos of each policy, and policy number shall be dclivered to FCDE/CPC and/or the HCDE member prior to commencement of any work under this Contract. The insurance company insurilig Vendor shall be licensed In the State. of Texas or the, jtqr, to which the HCDE in-Mber is located, and shall, be acceptable to fKIDE/CPC and/or the H(,'J)F,' tnumbor, Vendor shall givc, TICDEY(TC or the HCDE incriAbor a inininillill of ten (10) days' notice prior to any modifications or cdocollation of,said. petioles or i'asorailoo, Voidor shall require all subco.otc-clejons performiag any work under or RFP JOC Component(revised 6.25.12) Page 33 or 90 li RI T'1612/()54PB—Witerproofing/Masonry Restoration,Clonkrinby and A.11 Officy Relatcd Services relating to this Contract to inaititain,coverage as specified below, Vendor 8ball, at all times during the Term of this Contract, maintain insurance ooverage with not less than the typo and requireraciA8 shown below, If the ffCDE mombar has higher insurance requirements than those listed below, such n-Lay be added to tile Purchase Order or Job Order. Such insurance is to be provided at the sole cost of the Vendor. Those requirements do not establish limits of Vendor's liability, All policies of insurance shall waive all rights of subrogation against HCDE, HCDE members, and FICDE' and HCDE members' officers,employees and agents. Upon request, ceitified copies of orighial insurance policies shall be famished to HCDE/CPC and/or to HCDE members. TICDEi and the HCDE member, as requested, shall be named as an`"additional insured"on insurance policies. I[CDR and the HCDE rnernber reserve the right to require additional insuranooshould iECDE,or the I-ECDE rriombur deem adclitiortal filSlAranee necessary,in their sole discretion, o Workers Compensation (with waiver of subrogation to IIC.DE and [lie HCDE member) Employer's Liability, including all states, (18, Longshorernen, Harbor Workers and other endorsements. II Statutory, acid Bodily Injury by Accident: $100,000 each employee. Bodily .TqjufybyDisease: $500,000,policy limit$100,000e-,tchemployee. Cornmer6jal General Liability Occurrence Form including, but not limited to, Premises and Operations, Products Liability Broad Forrri Property Damage, Contractual Liability, Personal and Advertising lrrjLrry Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions,blowout, crateri.rag,and euderground datnage. $300,000 each occurrence LiTnit Bodily Injury and Property Damage combined. $300,000 Products-Completed. Operations Aggregate Limit$500,000 per Job AgVegiate. $300,000 Personal and Advertising lqiruy Limit. o Autotnobilo IJ.ability Coverage: $300,000 Curibitied'LiabiRly LimitsElodily Injury and Property Darnage CorubinecL 5.4& Participation in CPC Vendor acknowledges and agrees that continued participation in the CPC cooperative purchasing prograrn is subject to HCDE/CPC's sole discretion and that Vendor may be removed from the CPC program at, any time, with or without cause, in HCE)OCK's sole discretion. All work resulting from this Contract most cease immediately after completion of the final accopted Purchase Order or 'rob Order. Nothing in this Contract or in any other coraminticzaim between RCDE/CPC and Vendor may be construed as a guarantee that FT( DE/CPC or HCDE members will submit any Pruchaso Order or Job Orders to Vendor at any time 5,,19. No Agency or iKud.orttemients RFP JOC Componont(revised 6,25,12) Pap 34 of 90 R,rT#12/054PB- Watelprooling/Wsonry Restoration,Cleaalr)gand All Othcr Related ServiceS It is the intention of the parties to this Contract that Vendor is indepondout of HCDE and HCDE ixionibers, is an indbpendont:contractor, and is not an employee, agent,joint venturer, or partner of HKAR-� or any l-TCDE member. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer at partner, between JJCDE and Vendor, tiny HCDE member and Vender, HCDE and any of Vendor's agents, or any HCDE member and any of Vendor's agents. Vendor has no power or authority to assume or create any obligation or responsibility on behalf of HCDE or any HCDE member, and HCDE and I-ICE members have no power or authority to assume or create any obligation or responsibility on behalf of Vendor. This Contract shall not be construed to create or imply any partnership, agency, or joint venture, nor, shall it be construed or (teemed an endorsement of a specific company or product. Vendor agrees that HCDE and HCDE members have no responsibility for any conduct of any of Vendor's ernployeeg, agents, representatives, contractors, or subcontractors. 5,50, Equal Opportunity It is the policy of IICI)Enot to discriminate on the basis, of race, color, national origin, gender, Invited. English proficiencY or handimipping conditions in its programs. Vendor agrees not to discriminate against wiy cariployee, or appliumt for employment to be employed in (fie perfbrmane,e of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to ernployrnerit, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract. 5,51, Force Majeure Neither ITCDE,any HCDE member, or Vendor shall be deemed to have breached any provision of this Contract as a result of any delay, failure in performance, of intorraption of service resulting directly or indirectly frorn act of God, .ndworl< failures, acts of civil or military authorities, civil disturbances, wars, energy crises, firm, transportation contingencies, iriterruptlons in third-party telecornmunic"itions or Interact equiplylent or service, other catastrophes, or any other(Yocurrenom which are ruasouably beyond F(CDE, any HCDE rnetribcr, or Vendor's control. HCDE, HCDE members, and Vendor are required to use due caution and preventive racasurm to protect against the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party seeking relief under this provision. line party seeking relief due to force majeure is required to promptly notify the other parties in writing, citing the details of the force majeure event and relief sought, and shall resume performance immediately after the obstacles to performance caused by a force majeure event have beer. removed, provided the Contract has not been terminated, Delay or failure of performance, by either party to this Contract, caused solely by a force majeure event, shall be excused for the period of delay caused Vendor shall.not any claim. solely by (he fierce niqjeurc event, HCDE, HCDE members, and Ve ha 0 a 11 for datnages agairiqt any other party resulting trorn delays caused solely by force majeure, Notwithstanding any other proy isi oil of this Contract, in the event the Vendor's performance of its obligations under this Contract is delayed or stopped by a ('OtCC Ma OLH-C event, HCDE. shall have XpP JOC C.'eulpoijorit(revised 6.25.12) Pagc 35 of 90 RFP#12/054PB- Weiterproofilig/MasollryRcstoratioii,Cleaning and AJ I Other Related Services Cho option to teraditate this Contract. This section shall not be interpreted as to limit or otherwise modify any of FICIDE"s or ffCDF1' members' contractual, legal, or equitable rights, 5.52. Severability in the event any one or more of the provisions contained in this Contract shall for any reason be hold to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or urienforcoability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 5.53. Waiver No failure on the part of either party at any time to require the porfora-unico by the other party of any term hereof shall be taken or held to be a waiver of such term or in any way affect such party's right to enforce such term, and no waiver on the part of either party of any terra hereof shall be taken or held to be a waiver of any ottior term hereof or the [)reach thercrif. No waiver, alteration, or modification of any of the provisions of this Contract shall be binding Lnqes8 in writing and signed by duly authorized representatives of the parties borcto, 56AL Entire Agreement The Contract, the RUT, Vendor's proposal submitted in response to the FTP, the attached and incorporated attachments, addendum, aridlor exhibits, if any, and the Supplemental Contract, if any, contain the entire agreement of the parties relative to the putposo(s) of the Contract and supersede; any other representations, agreements, arrangements, negotiations, or understandings, oral or written, between the parties to this Contract. In the event of a conflict between this Contract and the RFP or Vendor's proposal submitted in response to the RFP, this Contract shall control. In the event of a conflict between the RFP and Vendor's proposal submitted in response to the RFP, the RFP shall control. 'J'bis Contract supersedes any conflicting terms and conditions on any Purchase Order and/ Job Orders, invoices, checks, order acknowledgements, fornis purchase orders, or girnflar commercial documents relating hereto and which may be issued by Vendor after the Effective Date of this Contract. In addition to this Contract, a Supplemental Contract between Vender and the 11CDE inotabor may be ostrblishod to further dottiil the terms and conditions of the HCDE rnernbor's specific, project. Jh flie event of a conflict 'between thia Contract and the Stipp tonionftd Contract, as to FTCDE, this Contract shall Prevail. In the event of a conflict between this Contract and the Supplerriontal Contract, as to the ECDE, member, the Supplemental Contract shall prevail unless the Stq,)pleuiontal Contract states otherwise, 5.55. Interpretation Vendor agrees that the normal rules of construction that require that any ambigpifes in this Contract arc to be construed against the draller shall riot be employed in the interpretation of this Contract. 5,56. Notice Any notice providod under the terms of this Contract by the parties to any other shall be in writing and shall bo given by band-delivery or by certified or registored mail, return receipt requ"tcd. Notice shall lie sufficient if inadc or addressed to the party at the address listed in the signature UP,R)CCoinponeat(revised 6.25.12) Page 36 of 94 RIT 412/054RB--WntcrproofuieMwoary Reiwtabn,(loaning and At Other Related Seryjcns 1i10 of this Contract, Nodoc shall be deemed effective upon reGeittt. Each pu�y may chanbo thu address at which notice may bo—scent to that party by giving notice,ol'such cliango to thc other party by certified mail, reltim receipt requested. 5_57, Captions TI-w captions herein are for convenience and identification purposes only, are not an integral part hereof, and are not to be considered in (he interpretation of any part hereof. 5.59. ConfmA Acceptance and Signatures The undersigned Vendor bereby proposes and agrees to furrish products and/or senkes in strict compliance, with the terms, specifications, and conditions of the RFP, this Contract, and Vendor's proposal. The undersigned ftiitb;-,r certifies Chat tic or she is an officer of the company and has authority to riegotiate and contract for the ocaripany rianied below and inects/agrocs with all of the ternu,and. uonditiow,; of this Contract and the RFP. CompanyNaaio Address chy/Statc/zip YX ....... 'j"Olophorv,No. )q— '.-q FEIKNo. E-mail Address :-:Lv—,-C4 Y}eY i C I I P —------ Authorized Signatare Printed Mune or) Position With Company Ct Ai m L Sales KuprosontadvQ E-mail,Address frr IC( qy_ ............. Wclb„ite URL Accepted by HCDE Term of Contract r 113 0 _c(1) years withai.i option to renew mintially for art Unless otherwise ,;tated, I I."�1) no(coctwo (iL) additional three (3)years if agreed to by.FI(..'.I)E and Vendor. Vendor shall honor all CI'CAdjuir-AsIrtitive Fees for any sales resulting 610111 this Contra t whether Vendor is awarded a renew at q)-not. FICIDE Az(lorized Si 6L ate Printed Name: Jesus Amezcua, Assistant Superintend of Business Services Contract No. : 12/054PB-13 ........... IZF,'P 10C Component(revised 6.25.12) Page 37 of 90 The Right Resources. Right Now �� td it„E P RA Q�18'M October 15,2015 Subject: Contract Renewal for 121054PR for Waterproofing/Masoury Restoration,Cleaning&All Other Related Services for Harris County Deparbaent of Education HCDE/Choice Partners Cooperative Dear CP Vendor Partner: Your contract with Choice Partners(CP),a division of Harr is County Department of Education (HCDE) is scheduled to expire 1/1412016. This contract has 2 one-year annual renewal options remaining before final expiration. Choice Partners values this contract and is exercising the option to extend this contract for one year beginning 1/15/2016. If you agree to renew this contract,please complete,sign and attach this letter under the"Response Attachments"section of the Choice Partners eBid System atyu ,,l Jpguga,pjgy by October 22,2015 2:00 pm central. In addition, provide any updated pricing and/or discounts for your contract and attach a current copy of your certificate of insurance(if applicable)and any forms that may have changed since the original proposal was submitted. If you have any questions or concerns,or need to discuss this contract renewal plot contact Mary Causey al 713-696-8270. r,r r� Sincerely, ^ ^' Les 0 y Hooper,Executive Director ; Choice Partner Assiimmant S iWtondent Jor Business Sere A division of Harris County Department of Education Harris County Ddp mrmr nt of Education The individual signing below has authority to enter into this agreement on behalf of the Vendor. r ca rateIJame 1`ri ., Amhorrzed Signature 4-4 't:.1� ..._ ` �ft.'IA. "A1G.'". . .....w._. _......_ .... , .... ...,.... Date: rrtt10....�..._1. . ... . ., . __ . .._.. ,. Address...,l.Nl .,..eL41s . .. city,_$cate zip_c«ie ...CACAoo, �'1C._.._?4 40 ..- �t f' Phone N'qli (144 _....Email Add �M.If`R *j .• ►d .. ..._._.. M 696,2122 877696 2 713 696 073� J.14.nJJE .Cdnnkaftmr&nm% p of A Somim of Harris County Doporknont of Education 6005 osk'"v�ew Dr " II"m''^wann,M T1055 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-67047 Tri-Lam Roofing&Waterproofing Everman,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/07/2016 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2016-$121,350.00 Roofing&Waterproofing 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT _ I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ANGELICA VELEZ rb:Notary Public,State of Texas , *i ` Comm.Expires 05.25-2020 Notary ID 13067572-2 � Signature of authorized Agent of c ntractin usiness entity AFFIX NOTARY STAMP IS EAL ABOVE Sworn to and subscribed before me,by the said 1L)-Q Huy Qbq this the � day of 20 1(n ,to certify which,witness my hand and seal of office. 1 C;2i,` &4:� Acgc�loa \)Plea. C is c ��s1s�U>1� Sign ure of officer ad roistering oath Printed. me of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: SUP 2015-06, Ordinance No. 3409, Public Hearing and consideration of a request from Marvin Smith for a Special Use Permit for a Detention Pond on the proposed Smith Farm Addition site located at 7601 Douglas Lane. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Marvin Smith is requesting a Special Use Permit (SUP) for a detention pond associated with the development of a single-family residential subdivision. The property is 8.00 acres in size and located at the west side of Douglas Lane north of Starnes Road. GENERAL DESCRIPTION: The applicant is requesting approval of a Special Use Permit to authorize the use of a detention pond on the site. Section 118-729 of the Zoning chapter and Section 102-124 of the Floods and Stormwater Management chapter of the Code of Ordinances establish the requirements and standards for the Special Use Permit. The use of all detention or retention ponds requires approval of a Special Use Permit. Detention Pond City codes allow for detention ponds by SUP if the proposed development is discharging stormwater into a developed downstream system that does not have the capacity to handle the runoff. During the evaluation of the site and the existing conditions of the area, the applicant concluded that a detention pond would be necessary to accommodate development of the site. Stormwater from the development enters the detention area through two curb inlets in Smith Farm Drive and a private storm drain pipe that runs along the rear property lines of the lots on the west side of the development. The water exits the detention area through a concrete flume outfall structure that connects to Lincoln Drive, and then enters an underground system on Spring Lea Way. The detention area includes a concrete pilot channel at the bottom of the slope and is surrounded by an 18-inch tall landscape wall at the top of the slope. A four-foot tall iron fence is provided along the sidewalk near the outfall structure for aesthetic and safety purposes. The depth of the detention area is seven feet below the grade of the sidewalk in the open space. ?g1kH NORTH KICHL,AND HILLS The system is designed to detain stormwater and allow it to drain from the site at the same rate as the undeveloped conditions. It is not designed to retain water to create a decorative pond. The detention pond design complies with all design standards. Landscaping Zoning standards require that all detention ponds be landscaped. A landscape plan for the open space area was reviewed by the Development Review Committee (DRC), and a copy is included with the SUP application. In addition to the detention area, the open space lot includes 5-foot wide sidewalk that meanders through the space and provides a connection to Lincoln Drive to the south. There are a number of existing trees in the open space area. Additional trees to be planted around the pond area and within the open space lot include bald cypress, live oak, crape myrtle, and rough leaf dogwood. These trees would be placed on the side slopes of the detention area and along the sidewalks. Landscaping is also provided around the outfall structure adjacent to Lincoln Drive, and plantings include Texas sage, dwarf crape myrtle, and maiden grass. A copy of the landscape plan is attached. Maintenance The property owner is responsible for the maintenance of the pond and all associated landscaping. A formal maintenance agreement will be executed as part of the approval of the subdivision plat for the property. Generally, the agreement requires the owner to mow and maintain all grass and landscaping, remove trash and debris once a week, remove silt from the basin or outlet structures as necessary, and repair any decorative fencing. The agreement runs with the property and applies to any future owner or user. Special Use Permit The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. The ordinance also includes specific criteria for detention and retention ponds, for which slight deviations are recommended due to the functional nature and location of the pond on the site. The following are the proposed conditions of approval for this SUP application. 1. Permitted use. A special use permit is authorized for a detention pond. 2. Engineering approval. Construction of the detention pond is subject to final approval of the engineering plans by the Development Review Committee and City Engineer. 3. Landscaping. The detention pond must be landscaped in accordance with Chapter 114 — Vegetation of the Code of Ordinances. The landscape plan is subject to final approval by the Development Review Committee. 4. Maintenance agreement. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the subdivision plat for the property. ?g1kH NORTH KICHL,AND HILLS 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: R-2 Single-Family Residential. The zoning and preliminary plat for this development were approved July 2014. The detention pond design complies with all design standards. SURROUNDING ZONING I LAND USE: North: R-1 and R-3 Single-Family Residential I Low Density Residential and Parks/Open Space West: R-2 Single-Family Residential I Low Density Residential South: R-2 Single-Family Residential and AG Agricultural Low Density Residential East: R-1 Single-Family Residential and AG Agricultural Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This includes the construction of sidewalks along Douglas Lane on the east side of the property adjacent to the open space lot. This determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by a professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLAT STATUS: The preliminary plat for Smith Farm Addition was approved by the Planning and Zoning Commission on July 17, 2014. The final plat for this addition is also on the June 13, 2016, agenda. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission held a public hearing and considered this item at their June 2, 2016, meeting and voted 6-0 to recommend approval. RECOMMENDATION: To approve Ordinance No. 3409. i u se Cno a E� c u e pa Q uo.iaewwl u-1 set no � � , y \ � . »y. \ \§ � �/\� . „ ! , ! � i! y \ , r ;y . a . . ° « / � . %�/ : \\� »• ^ � � � < . .'\ d^ / � � � � �. �1 \ \< : . f . > \ / � �: .� 1, , � \ § y . , �» » � � � � < c � �. / � ; E � � ay � � � : Z � . E . \� � f _ \o ; U . �\ 2 �/ . i� �� � � \� � 7 %� `\ \ t|nck|n Dr � , \ 2/ � . r � . y ^ �/ ' , x � . /�� . � \y»? \ � � f �� &< y 2®« ?. � « may\ ' � � y�i _� \ , / \ ^ ° ® �� ` ©"2 3 � \ � � : \ ,� C � ^ � � . , �: S �� �©^ . . » � �� � � � � � . . 2 w � / � �« � 6� � � � � �° \ / � y �/� % � � < c \� � � � y > �/ �® \ y \ § r . > � . >�/ �\ � , \ . \ > , : , yz » ƒ : . � � y/ /; �;y2 � � � � � � ; , � : � �. Lo NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS s}:. PLANNING AND ZONING COMMISSION TExPS AND CITY COUNCIL Case Number: SUP 2015-06 Applicant: Marvin Smith Location: 7601 Douglas Lane 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: A Public Hearing and consideration of a request from Marvin Smith for a Special Use Permit for a Detention Pond on the proposed Smith Farm Addition site located at 7601 Douglas Lane. Public Hearing Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, APRIL 21, 2016 Meeting Location: CITY COUNCIL CHAMBERS — OLD CITY HALL 7301 NE LOOP 820 NORTH RICHLAND HILLS, TEXAS Public Hearing Date: CITY COUNCIL 7:00 PM MONDAY, MAY 16, 2016 Meeting Location: CITY COUNCIL CHAMBERS — NEW CITY HALL 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 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 GONZALES DANIEL G BASTIEN DORIS ANN ARNOLD RANDAL K GONZALES RHONDA S ARNOLD HOLLIE L 7105 LINCOLN DR 7500 CIMARRON DR 7504 CIMARRON DR NRH TX 76182-7679 FORT WORTH TX 76182-7656 FORT WORTH TX 76182-7656 KUH PAUL M KETO JOHN KUH WENDY M KETO CATHERINE SMART BUY HOMES CORP NRH TX 761188 2-4005 7508 CIMARRON DR 7512 CIMARRON DR N MAIN ST FORT WORTH TX 76182-7656 NRH TX 76182-7656 NRH REEDY JAY E VIZCAINO RICHARD THOMAS RICKY W 7617 DOUGLAS LN VIZCAINO ANGELA 7100 LINCOLN DR NRH TX 76182-9104 7032 LINCOLN DR FORT WORTH TX 76182-7678 NRH TX 76182-7662 HOEHN BRENDA BUTLER ELIZABETH A RITTGERS PATRICIA HOEHN BRIAN BUTLER ROBERT P RITTGERS GEORGE 7104 LINCOLN DR 7108 LINCOLN DR 7432 SPRING LEA WAY NRH TX 76182-7678 NRH TX 76182-7678 FORT WORTH TX 76182-7728 WATSON JANETTE SKINNER JAMES RODNEY MANNING STEPHEN N WATSON JOHNNIE 7421 SHADY HOLLOW CT MANNING MARIA 7417 SHADY HOLLOW CT NRH TX 76182-7708 7420 SHADY HOLLOW CT FORT WORTH TX 76182-7708 NRH TX 76182-7708 SPENCER MICHAEL H HOFFA GREGORY W MILLS MARK C 7112 LINCOLN DR HOFFA ANGELINA S MILLS JENNIFER D NRH TX 76182-7678 7116 LINCOLN DR 7305 MARKET CT NRH TX 76182 NRH TX 76182-9124 DALE GERALD BUCKALEW JOHN DALE DAWN BUCKALEW VICKIE 7500 DOUGLAS LN S GARY BERTRAM 7309 MARKET CT 7312 MARKET CT NR H TX 76182-9101 DO NRH TX 76182-9124 NRH TX 76182-9124 NRH KUSMIERSKI THEODORE J II Birdville Independent School District KUSMIERSKI Attn: Mike Seale 7417 DOUGLAS LN 6125 East Belknap FORT WORTH TX 76182-7705 Haltom City, TX 76117 ORDINANCE NO. 3409 SUP 2015-06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL USE PERMIT TO AUTHORIZE CONSTRUCTION OF A DETENTION POND IN TO BE LOCATED AT 7601 DOUGLAS LANE; 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 Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for the construction of a detention or retention pond; and WHEREAS, the owner of the property located at 7601 Douglas Lane has filed an application for a Special Use Permit to allow construction of a detention pond associated with the development of a single-family residential subdivision in accordance with the standards required for detention ponds; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 21, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 16, 2016 with respect to the Special Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for the approval of a Special Use Permit on the property; and Ordinance 3409 SUP 2015-06 Page 1 of 4 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 Special Use Permit 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 approving a special use permit to authorize a detention pond to be constructed in accordance with standards as provided herein on an approximately 8.00 acre tract of land, known as Smith Farm Addition, Lot 6, Block 2, North Richland Hills, Tarrant County, Texas, commonly referred to as 7601 Douglas Lane. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the requirements hereof, subject to the following conditions: 1. Permitted use. A special use permit is authorized for a detention pond. 2. Engineering approval. Construction of the detention pond is subject to final approval of the engineering plans by the Development Review Committee and the City Engineer. 3. Landscaping. The detention pond must be landscaped in accordance with Chapter 114, Vegetation, of the Code of Ordinances. The landscape plan, attached as Exhibit "A" and incorporated herein for all purposes, is subject to final approval by the Development Review Committee. 4. Maintenance agreement. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the subdivision plat for the property. Section 3: That the official 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 special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Ordinance 3409 SUP 2015-06 Page 2 of 4 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, 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 after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of June, 2016. Ordinance 3409 SUP 2015-06 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance 3409 SUP 2015-06 Page 4 of 4 >r e F -o/T S—IH 'IINYHDic Hl'Ol loco VAS H HAG - otlsalemosse�gagaeq I I � z Q ______ ______ AT- i ' � o I � z e N K — (104* I �\ v I I I z w z , i� z ' z -- J - I � s rl li �j I ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: SDP 2016-02 Public Hearing and consideration of a request from Detate Property Group, LLC for a Special Development Plan for The Fountains at Iron Horse on 7.910 acres at 6301 Iron Horse Boulevard. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of NRH Industrial Partners, LTD, Detate Property Group, LLC is requesting approval of a Special Development Plan (SDP) within the Iron Horse Transit Oriented Development (TOD) Zoning District. The applicant proposes to develop two four-story mixed use buildings totaling 362,810 square feet of floor area at the southwest corner of Iron Horse Boulevard and Browning Drive. The plan calls for approximately 25,000 square feet of commercial uses on the ground floor and 244 multi-family residential units. The purpose of this Special Development Plan is for the consideration of waivers to the Transit Oriented Development (TOD) Code that would allow the construction of four stories and a reduction in the required parking lot landscaping. TOD WAIVERS: The applicant is aware of all TOD Code development criteria and has indicated that they will develop to such specifications, including the mixed use criteria, enclosed corridors and stairwells, elevators, etc. There are two areas that they are requesting waivers to the TOD Code. Four-Story Buildings. The site is located within the General Mixed Use Character Zone of the Iron Horse Transit Oriented Development Zoning District. The maximum height permitted within this Character Zone is three stories. The applicant has expressed a desire to maximize use of the property and develop the minimum number of multi-family units required to create a viable project. To achieve this, the applicant is requesting approval for two four-story buildings. According to the applicant's current proposed floor plans, the additional story adds 66 more multi-family units, raising the unit count from 178 to 244. For context, the development adjacent to the south ("Iron Horse Village" surrounding the TEXRail Station) is currently planned as a four-story development as well. The mixed use building approved for the "Iron Horse Commons" project at the southeast corner of ?g1kH NORTH KICHL,AND HILLS Iron Horse Boulevard and Browning Drive (across Iron Horse Blvd from this site) is three stories. Parking Lot Landscaping. Recent development proposals within both TOD Districts have shown that the parking lot landscaping requirements codified by the TOD Code are onerous on development. The Code requires any parking lot that accommodates more than 10 cars to provide one canopy tree and three shrubs per every 1,000 sq. ft. of paved area. This requirement roughly equates to 1 tree per 4 parking spaces, which is five times as many as required by the standard Landscape Code that applies to the rest of the City. The applicant is therefore requesting to apply the minimum standards of Sec. 114-71(i) of the Landscape Code which requires one canopy tree per 20 parking spaces and each parking space to be located within 100 feet of a canopy tree. The table below describes what is required by the TOD Code, what is required by Sec. 114- 71(i) of the Landscape Code, and what is being provided in terms of parking lot landscaping for this particular application. Number of Parking Lot Trees for a 123,970 Square Foot, 406-space Parking Lot see 124 Trees 21 Trees 62 Trees COMPREHENSIVE PLAN & CURRENT ZONING: This area is designated on the Comprehensive Land Use Plan and is currently zoned 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. The Character Zone (i.e. subzone) that the majority of the land is located is the "General Mixed Use" Character Zone, which permits 3-story mixed use buildings by right. SURROUNDING ZONING I LAND USE: North: TOD I Transit Oriented Development West: Multi-Family PD I High Density Residential South: TOD Transit Oriented Development East: TOD Transit Oriented Development ?g1kH NOKTH KICHL,AND HILLS PLAT STATUS: The property is currently unplatted and is described as a tract within the Edmund King Survey, Abstract No. 892. Prior to building permits, the property will be required to submit a Final Plat for consideration by City Council. SPECIAL DEVELOPMENT PLAN: The applicant is requesting a Special Development Plan for consideration of two waivers to the Transit Oriented Development Code. The Special Development Plan process is intended to allow applicants development flexibility to address specific market opportunities and/or contexts within the Transit Oriented Development District. In evaluating a Special Development Plan, the Planning and Zoning Commission and City Council must consider the extent to which the application meets the following: • the goals and intent of transit oriented development in the city; • provides an alternative "master plan" approach by consolidating multiple properties to create a predictable, market responsive development for the area; • fits the adjoining context by providing appropriate transitions; • provides public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit; and, • does not hinder future opportunities for higher intensity transit oriented development. DRC CERTIFICATION PENDING SDP APPROVAL: The applicant's purpose for this Special Development Plan is to gain the necessary approvals to proceed forward with additional site and building design. If approved, more technical documents will be required to be reviewed by the Development Review Committee prior to building permit. Therefore, staff's recommendation for approval is subject to additional review and certification of the applicant's final Site Plan. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission held a public hearing and considered this item at their June 2, 2016 meeting and voted 6-0 to recommend approval. RECOMMENDATION: To approve case SDP 2016-02, subject to DRC Certification of the final Site Plan. 3 S , IoP jr Bo 4� O (l � l CC � 1 x r�%r � �'�� / ��i�� �/ �' a� �� 1� ���il /�� , � 1" < � ' � ����� 1 � ,® �� qI� i �� i oi�� , �, I �� y � l ,, f /l, r � `�, 7 ,� / ,� �� � �� 1/� /% �' �,,,{� /y %�%/, �,���/ � 1 Y iii r/ �Y ,, viii , r ��� � � a � � � !„� �� �, � ��//,� '�. of fi wir/.. �r Browning Dr ®��r �,� ”; i '", � � � ! 11 ° � l� ,��� / Dfl��� /Q�5 // '/ JJ�Y/'///Ir J i ' r. �� l{'fir `% ,mot � �, ,, top Dr ���� i� � Y, o/� , . l% ���'��� � � � �a �� , ��l D�'-t /� 1 , ,,,�,,, t Lo NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS s}:. PLANNING AND ZONING COMMISSION TExPS AND CITY COUNCIL Case Number: SDP 2016-02 Applicant: Detate Property Group, LLC Location: 6301 Iron Horse Boulevard 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: A Public Hearing and consideration of a request from Detate Property Group, LLC for a Special Development Plan for The Fountains at Iron Horse on 7.910 acres at 6301 Iron Horse Boulevard. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JUNE 2, 2016 CITY COUNCIL 7:00 PM MONDAY, JUNE 13, 2016 Meeting Location: 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 Birdville ISD COMPANY TWO LLC EC BROWNING LTD Attn: Mike Seale 8411 PRESTON RD STE 711 3825 CAMP BOWIE BLVD 6125 East Belknap DALLAS TX 75225-5519 FORT WORTH TX 76107-3355 Haltom City, TX 76117 REGIONAL RAIL ROW CO Attention:ATTN: DALLAS AREA RAPID NRH INDUSTRIAL PRTNS LTD SKEETER&BUCKY LP TRANSI 511 E JOHN CARPENTER FWY#550 5944 LUTHER LN STE 405 PO BOX 660163 IRVING TX 75062-8156 DALLAS TX 75225-5916 DALLAS TX 75266-0163 RFI HILLTOP LLC CHESAPEAKE LAND DEV CO LLC PROPROP LLC 5221 N 0 CONNOR BLVD STE 600 6100 N WESTERN AVE 204 MILL XING IRVING TX 75039-4414 OKLAHOMA CITY OK 73118-1044 COLLEYVILLE TX 76034 AG/IRG NORTH RICHLAND HILL LLC Attention: C/O QUADRELLE REALTY 1 WEST AVE LARCHMONT NY 10538-2470 Clayton Comstock From: Dan Sent: Thursday, June 02, 2016 1:03 PM To: Clayton Comstock Cc: Robin McCaffrey; Craig Hulse Subject: Comments to Special Development Plan-The Fountains at Iron Horse: Case C-4 Clayton, Yesterday, Craig Hulse was kind enough to inform me regarding the Plan Commission's consideration of a Special Development Plan for The Fountains at Iron Horse. Following the various links Craig forwarded, I was able to view the plan and other posted material. I noticed that Skeeter& Bucky, L.P.was among the property owners notified, however, the address shown is not the current address for our partnership; the new address is P 0 BOX 111100, CARROLTON,TX 75011-1100 and the notice has not yet been forwarded to me at the new address. Since we have been through a closing with the City and other communications, I assumed that the City was current on our new address. Notwithstanding, the old address was used for the purposes of notification and I did not receive the intended material. Consequently, I am presently in Kerrville and Robin McCaffrey is in Commerce, making it difficult for either of us to attend tonight's hearing on Case C-4 and I am unable to make my concerns known by personal appearance. Therefore, I am requesting that you make sure this email gets brought up at the hearing and read into the record so my concerns factor into the Commission's consideration. My concerns are: 1.The Street: while the plan shows what may be 1/2 of a street at the southern property line, I find no explanation as to what this drive will be. I would like to see the street dedication clearly identified, thereby assuring me that the corner location we have will indeed remain a corner location. A street corner,that is, not a driveway corner. 2.Sub-market corruption:The close association of a project(The Fountains at Iron Horse)which can profitably lease units for$1.40/sf due to an abundance of cheaper surface parking with our project(which must lease for$1.65/sf to accommodate the extra cost of structured parking) means that we will never be able to attain that$1.65/sf rent threshold.There is no real Iocational advantage of one project over the other, thereby inviting potential tenant leakage to the lesser priced project with the same Iocational attributes. 3. Over supply: By allowing an extra 4th floor of units(not currently permitted for this TOD district), a 37% increase in residential units overthe 3-story design presently allowed, I fear that such a change would be putting a lot of units on the market at one time when historic absorption rates do not support the takedown of those units by the market in any reasonable time frame. I would like to see more coordination between the projects as we try to find values that benefit North Richland Hills and make the area as a whole more successful. My greatest concern is that limitation to attaining full potential rents may be put in place by virtue of permitted project differences without there also being the necessary market differences. Sincerely, Dan Smalley 1 ORDINANCE NO. 3416 SDP 2016-02 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL DEVELOPMENT PLAN WITHIN THE TRANSIT ORIENTED DISTRICT FOR THE FOUNTAINS AT IRON HORSE ON APPROXIMATELY 7.910 ACRES LOCATED AT 6301 IRON HORSE BOULEVARD; ESTABLISHING A PENALTY; 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 Comprehensive Plan and the Zoning Ordinance of the City Of North Richland Hills require a Special Development Plan (SDP) within the Iron Horse Transit Oriented Development Zoning District; and WHEREAS, the owner of the property located at 6301 Iron Horse Boulevard has filed an application for an SDP; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within two hundred (200) feet of the property herein described at least ten (10) days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least fifteen (15) days before such hearing; and WHEREAS, public hearings concerning the request from NRH Industrial Partners, LTD, for a SDP were held before both the Planning and Zoning Commission and the City Council; and Ordinance 3416 SDP 2016-02 Page 1 of 3 WHEREAS, the Planning and Zoning Commission made a recommendation concerning the SDP, which includes specific waivers to the Transit Oriented Development Code (TOD); and WHEREAS, the City Council finds that the SDP and waivers to the TOD are made in accordance with the Comprehensive Plan and Zoning Ordinance of the City of North Richland Hills for the purposes provided in Texas Local Government Code Ch. 211; and WHEREAS, the City Council has evaluated the SDP in accordance with the TOD and is of the opinion that the SDP herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and promotes the health and general welfare and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the recitals above are true and correct and made a part of this Ordinance for the purposes provided herein. Section 2: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving the request for a Special Development Plan, including specific waivers to the Transit Oriented Development Code, for the Fountains at Iron Horse on an approximately 7.910 acre tract of land known Tract 1133J in the Edmund King Survey, Abstract 892, commonly referred to as 6301 Iron Horse Boulevard, as described and shown in Exhibit A, attached hereto. Section 3: Any person, firm or corporation violating any provision of the Zoning Ordinance of the City of North Richland Hills 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 ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 5: This ordinance shall be in full force and effect immediately after passage. Ordinance 3416 SDP 2016-02 Page 2 of 3 AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of June, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance 3416 SDP 2016-02 Page 3 of 3 ULLJ j� w O ' se-al SIJIH oueiw!a AuON N 03 D o g OSJOH uoaI 1e suielunoj ayl aniao awnnnoae 0 - - -o it bail � = N maa � J aS zw�w `w V 4 4 °a$�n m°yp 43gry 443P Zsi y pz¢z z a z w eoo o� y o `NpsGi nwo a"u aw w6 n a _ vi Z°z� oh°z°rco oNi {Lul� LU LU a-n�i`azo�mitirv°ae F—�� � Z aw d LU i w vi m V] If wog ° J7 r mo S Qm - ) z N o x i. �� °• u 0 a QO N O v CL r /lf � 0u E E E LU t / r u � r J , LU / I� you i r , _' g OR.R 00 g R O O ---------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------- N 0 o ie r-4 rL V) Z jam' N Z �''�j� � ��f � � E = 6 E Z LU jj j ft e o Cd m x M 0 0 0 0 0 WA ii i% ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CN 00 1714 CL. Z LU LU f // ` N / a 00 lul II CIS M 0 0 0 0 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: FP 2015-02 Consideration of a request from Marvin Smith for a Final Plat of Smith Farm Addition on 8.00 acres located at 7601 Douglas Lane and an associated Detention/Retention Storage Facility Maintenance Agreement and Water Course Maintenance Agreement. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Marvin Smith is requesting approval of a Final Plat of Smith Farm Addition. This 8.00- acre subdivision includes 21 single-family residential lots and one open space lot. The property is located in the southwest corner of the curve in Douglas Lane north of Starnes Road and across from Cross Timbers Park. The proposed final plat is consistent with the approved preliminary plat and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The final plat for Smith Farm Addition includes 21 single-family residential lots and one open space lot. The residential lots range in size from 10,635 square feet to 18,397 square feet, with the typical lot being 80 feet wide and 130 feet deep. The lots comply with the R-2 Single-Family Residential Zoning District standards. The property has frontage on Douglas Lane at two locations, as the site is located in the southwest corner of the curve in the road. There is one street proposed, and it connects to Douglas Lane at the north and east sides of the subdivision. A masonry screening wall will be constructed along Douglas Lane at each entrance. The common open space lot is 50,041 square feet (1.15 acres) in size, covering 14.4% of the development. The lot is located on the south side of the subdivision and will be covered by a tree preservation, public access, and drainage easement. Improvements to the open space lot include a 5-foot wide sidewalk that meanders through the space and provides a connection to Lincoln Drive to the south, new trees and other landscaping, and a proposed detention pond. There is an accompanying special use permit request for the detention pond on the agenda. ?g1kH NORTH KICHL,AND HILLS COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. THOROUGHFARE PLAN: The development has frontage on Douglas Lane, classified as a C2U Minor Collector roadway. A C2U roadway is a two-lane undivided street with an ultimate right-of-way width of 60 feet. Additional right-of-way dedication of less than one foot will be provided on the east side of the development. CURRENT ZONING: R-2 Single-Family Residential. This final plat is consistent with the R-2 zoning standards. SURROUNDING ZONING I LAND USE: North: R-1 and R-3 Single-Family Residential I Low Density Residential and Parks/Open Space West: R-2 Single-Family Residential I Low Density Residential South: R-2 Single-Family Residential and AG Agricultural Low Density Residential East: R-1 Single-Family Residential and AG Agricultural Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This includes the construction of sidewalks along Douglas Lane on the east side of the property adjacent to the open space lot. This determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by a professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. DETENTION/RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT & WATER COURSE MAINTENANCE AGREEMENT: Attached for consideration are also two maintenance agreements. One is for the detention pond proposed by case SUP 2015-06 on this same City Council agenda for consideration. The maintenance agreement outlines the minimum level of care required for the drainage easement contained within this Final Plat. This includes grass mowing, debris and silt removal, bank grading and other maintenance needs. The second agreement is for the maintenance of a swale along the rear of the westernmost lots to aid in the proper drainage of the development. IqRH PLAT STATUS: The property is currently unplatted. The preliminary plat for Smith Farm Addition was approved by the Planning and Zoning Commission on July 17, 2014. This proposed Final Plat is consistent with the approved Preliminary Plat. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at their June 2, 2016, meeting and voted 6-0 to recommend approval. RECOMMENDATION: To approve FP 2015-02 and its associated Detention Storage Facility Maintenance Agreement and Water Course Maintenance Agreement. J Cross 'Timbers Park ca O c O cv E E L incoln D a� c� � J = i t. O i 0 N Starnes Rd g2 < / \ / \ \ © \ � { ' \k Cr SS T|m ber Park � ( \ . / . 22 �7 � ! . ° � \ . , : ; \ � � � / , y , , ^ < \ ® �` Z : T2 »� � ^ � \ « », : w � � � � � � : � 6 : D . \ � � . 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"OP q, X44; son I Hsi 1p, J? )AP �nl IP I I Oil �D hi I .,f, ll o JI III 1k If, m Qq; co 4,11111 DETENTION/RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, by plat denoted as SMITH FARM ADDITION LOTS 1-10 BLOCK 1, LOTS 1-12 BLOCK 2 (hereinafter referred to as "SMITH FARM ADDITION") approved on MONTH DAY, 2016 by the City Council of the City of North Richland Hills, Tarrant County, Texas, MARVIN SMITH ("OWNER")was permitted to develop the site described thereon in accordance with such plat; and WHEREAS, such SMITH FARM ADDITION requires construction on the property of a facility to provide a storm water detention/retention facility (hereinafter referred to as "Detention/Retention Facility") for the development of SMITH FARM ADDITION to minimize potential flooding of downstream property; and WHEREAS, the City is willing to permit OWNER to construct a Detention/Retention Facility in accordance with plans approved by the City, provided that OWNER agrees to maintain such Detention/Retention Facility. NOW, THEREFORE, OWNER at its sole cost and expense agrees to the following: 1. Adhere to the requirements of the City Code, specifically Chapter 102: "Floods and Stormwater Management', Article III: "Stormwater Management'. 2. Construct the Detention/Retention Facility in accordance with plans sealed by a licensed professional engineer registered in the State of Texas and specifications approved by the City. 3. Construct the landscaping in accordance with the Landscaping Plan approved by Development Review Committee and Landscape Review Board preliminarily included as Exhibit "A". 4. Maintain the Detention/Retention Facility in a prudent manner to minimize soil erosion and loss of capacity due to sedimentation. 5. Be responsible for the following: a. Keep grass and vegetation mowed and maintained in the Detention/Retention Facility and all areas around the Detention/Retention Facility controlled by OWNER based on the following schedule: i. once every three (3) weeks between March 1st - April 10th and between October 1st - November 15th. ii. once every other week during the growing season between April 10th - October 1st. Page 1 of 4 PW75DRMA (Revised 411812007) b. The upkeep and replacement of all landscaping. c. Operation and maintenance of the outfall structure (including replacement cost) to ensure intended detention function per construction plans submitted to and approved by the City. d. Trash and debris removal once a week or after a storm event, whichever is more often. e. Operation and maintenance of decorative lighting around the basin. f. Any necessary dredging or silt removal from the basin and/or inlet and outlet structures. g. Repair and replacement of decorative fencing. h. Any "specialty" items not covered by any other party. i. All necessary grading to insure that detention basins drain completely. 6. Should OWNER, or the then current owner of the property described herein, fail to remedy any inadequacy in its maintenance of the Detention/Retention Facility within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by OWNER, or the then current owner of the property described herein, upon written demand therefor. If OWNER, or the then current owner of the property described herein, fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against SMITH FARM ADDITION for such amount. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from OWNER, or the then current owner of the property described herein, pursuant to this Agreement. 7. The agreements made herein shall be binding upon, the OWNER's successors and assigns and shall be a covenant running with the land. 8. This agreement shall not be amended, changed or modified without the written consent of the City of North Richland Hills. Page 2 of 4 PW75DRMA (Revised 411812007) Executed this the day of 20_. By: Printed Name: Title: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , 20_ Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: Page 3 of 4 PW75DRMA (Revised 411812007) Exhibit "A" Detention/Retention Facility Landscaping Plan Page 4 of 4 PW75DRMA (Revised 411812007) WATER COURSE MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THA T: WHEREAS, by plat titled "Smith Farm Addition" approved on ("Plat"), by the City Council of the City of North Richland Hills, Tarrant County, Texas, ("City"), Marvin Smith ("Owner") was permitted to develop the property legally described as Smith Farm Addition on Exhibit"A" attached hereto in accordance with the Plat, and; WHEREAS, as a condition to approval of the Plat, the City allowed construction of an underground water course which shall be located in the private drainage easement at the rear of Block 2, Lots 1-5, legally described within Smith Farm Addition and shown on Exhibit "A" attached hereto, and; WHEREAS, the City is willing to permit the Owner to construct an underground water course (the "Water Course") in accordance with the plans approved by the City, as opposed to a concrete Water Course provided that the Owner agrees to perpetually maintain such underground Water Course. NOW THEREFORE, Owner agrees as follows: 1. Owner shall construct, at its sole cost and expense, an underground Water Course along the rear of Block 2, Lots 1-5, as shown on Exhibit "A" hereto according to the plans approved by the City. Owner further agrees on behalf of itself, it's successors and assigns, including any homeowners associations created to carry out the Owner's obligations and those of the owners of other portions of Smith Farm to maintain in such water course as hereinafter set forth in Paragraph 2 hereof, and to reimburse the City for the cost of maintenance should such be necessary as set forth in Paragraph 3 hereof. 2. Owner shall maintain the Water Course in a prudent manner to minimize blockage in flows and maintained as follows: a. The inlets for the Water Course area will be inspected for and cleared of blockages and debris annually. b. Accessory structures (such as sheds, flower beds or fencing) will NOT be allowed to be constructed in a manner that restricts the inflow of water into The Water Course. C. Any debris which deposits itself in the water course will need to be picked Smith Farm Addition Water Course Maintenance Agreement Page 1 of 3 up and removed after a storm event or every six (6) months, whichever is more often. d. Any noticeable sediment accumulation in the water course will be removed at least once annually if needed. e. The Public Works Director or his designee may grant exceptions to this maintenance schedule due to weather conditions, unusual situations or acts of God. 3. Should Owner fail to remedy any inadequacy in its maintenance of the Water Course within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by Owner upon written demand therefore. if Owner fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against the property for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County land records. By acceptance of this agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from Developer pursuant to this agreement. 4. The agreement made herein shall be binding upon the Owner, its successors and assigns and shall be a covenant running with the land. 5. This agreement for maintenance shall terminate only if the Water Course is constructed with concrete in accordance with plans to be approved by the City. By acceptance of this Agreement, the City agrees to execute a recordable termination of this Agreement upon the City's acceptance of a concrete Water Course in accordance with this paragraph. Smith Farm Addition Water Course Maintenance Agreement Page 2 of 3 Executed this the day of 12016. Marvin Smith By: Marvin Smith STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on by Marl, S. Wood, on behalf of said partnership. Notary Public, State of Texas Commission Expires: Notary's Printed Name: APPROVED BY: City of North Richland Hills, Texas By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney for the City Smith Farm Addition Water Course Maintenance Agreement Page 3 of 3 EXHIBIT "A" DRAWING of SMITH FARM ADDITION ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: FP 2016-04 Consideration of a request from Robert Espinosa for a Final Plat of Lot 3, Block 13, Meadowview Estates on 0.969 acres located at 8409 Rumfield Road. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Robert Espinosa is requesting approval of a Final Plat of Lot 3, Block 13, Meadowview Estates. This 0.969-acre one-lot subdivision is located on the north side of Rumfield Road east of Davis Boulevard. The proposed final plat is consistent with the preliminary plat approved by the Planning & Zoning Commission on June 2, 2016 and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The owner proposes to create a single lot and construct a single-family house on the property. The lot will be 125 feet wide, 336 feet deep, and 42,206 square feet in area. The properties to the east and south of the site are developed with single-family residences. Vacant non-residential land and an office building are located west of the site at the intersection of Rumfield Road and Davis Boulevard. There are also several duplex residences on the east side of Davis Boulevard south of the intersection. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. THOROUGHFARE PLAN: The development has frontage on Rumfield Road, classified as a C21J Minor Collector roadway. A C2U roadway is a two-lane undivided street with an ultimate right-of-way width of 60 feet. Right-of-way dedication is not required for this property as sufficient right-of-way is currently in place. CURRENT ZONING: R-2 Single-Family Residential. The preliminary plat is consistent with the R-2 zoning standards. SURROUNDING ZONING I LAND USE: North: R-1 Single-Family Residential I Office MRH East: R-2 Single-Family Residential and R-1-S Special Single-Family Residential and AG Agricultural I Low Density Residential South: R-1 Single-Family Residential I Low Density Residential West: C-2 Commercial I Office ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by a professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLAT STATUS: The property is currently unplatted. The preliminary plat for this property was approved by the Planning and Zoning Commission on June 2, 2016. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at their June 2, 2016 meeting and voted 5-0 to recommend approval. RECOMMENDATION: To approve FP 2016-04. Starnes Rd Rumfield Rd v < (A 00 a �i/� i� /�/rif � �„ ifD i 4, i �/ � i� '� � p�% v i /i � � r "�me ( t r, ��y�, 1 r �i""�." �;�°" � wW�y.,u � e /�/%%/id// ///%%�//%%�/// /�%/// �i i/ i i I rii / �i ,� �/�/� � �P' �1� ��. ✓�f/rd �;%fib/%%�%���/�%//���������/j�f' � � � G � � � '�` ,� i / /�// i////%/ i/ 'l�( �/li/i o, �� // /ii/ ii�n!i���0% /� i� � ,�/ /� //�� �� (�� sir/%/l� �f�f�����%�%/�l/i//r � �i i/ r �i i �i �i �, � r ,,� � � /! ;, �� Starnes�Rd r�� � � , � d r,„� t�� �, � , �, „tr ���'�, � ���t ,,,, �, ���� � Rumfield Rd � �, � �,�; l� ` � �� /i �� 1 n ',9, i i I �iil � }�iii� t m 1 ;i _ r �,� ;, �� � � �� /G%%� v ��i�n +ruriv�f/����� Q /� � rl ,/////�, r jai ,i ��r �°% ��y� r1'; / �� // J I �. %' � �� � � fir,. Z � F Es¢ §az w 4 �y �s• e§E! ag .�° & e � oa: o �5 A m� E Garay° fr�9lE .3'r� AN w�hi lx vww, Ue t Ydi �4 2 94 E Nq g�� e © €cF dry_ °U��®�•'�`� i'� '..� � eF" � o y sq �r n x" a r9 ani a '� ISI r II a nz� V— <B ----------- �m ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Appointment of mayor pro tern 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 NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Consider Ordinance No. 3414, amending the City's Code of Ordinances Chapter 98, Article XII - Aquatics Facilities PRESENTER: Stefanie Martinez, Neighborhood Services Director SUMMARY: Consider Ordinance No. 3414, amending the City's Code of Ordinances Chapter 98, Article XII — Aquatics Facilities. Also consider retitling the Code from Swimming Pools to Aquatics Facilities. GENERAL DESCRIPTION: The purpose of this article is the establishment and amendment of the minimum standards for the construction, operation and maintenance of public and semipublic aquatic facilities. Due to the additional types of facilities now available it is recommended that the title of the Code be changed from Swimming Pools to Aquatics Facilities. Further, this code reflects and formalizes current inspection methods by Consumer Health and requirements set forth by State law. This amendment also allows for reinspection fees due to closure or pre-operation failures of public or semipublic aquatics facilities. Additionally there is a nominal fee now allowed for the registration of Certified Pool Operators for these facilities. RECOMMENDATION: To approve Ordinance No. 3414. ORDINANCE NO. 3414 AN ORDINANCE AMENDING ARTICLE XII "SWIMMING POOLS" OF CHAPTER 98 "BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES, CITY OF NORTH RICHLAND HILLS, TEXAS TO AMEND SWIMMING POOL REGULATIONS; AMENDING APPENDIX A "FEE SCHEDULE" TO ADD FEES RELATING TO ACQUITICS FACILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city 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 City of North Richland Hills previously adopted regulations for the Swimming pools within the City of North Richland Hills, codified in Article XII of Chapter 98 of Code of Ordinances, City of North Richland Hills, Texas ("Code"); and WHEREAS, the City of North Richland Hills now desires to update and amend those regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS THAT: SECTION 1. Article XII "Swimming Pools" of Chapter 98 `Buildings and Building Regulations" of the Code is retitled "Aquatic Facilities" and is amended to read as follows: ARTICLE XII — AQUATIC FACILITIES DIVISION 1. - GENERALLY Sec. 98-591. - Findings of fact. The city council has determined that the regulation of public and semipublic aquatic facilities is necessary and beneficial for the health, safety and welfare of the inhabitants of the city. It is therefore ordained that provisions regulating public and Page 1 semipublic aquatic facilities and providing a penalty for violations of any provision of this article be adopted. Sec. 98-592. — Purpose The purpose of this article is the establishment and amendment of minimum standards for the construction, operation and maintenance of public and semipublic aquatic facilities and their related facilities in order to protect the health and safety of the public. Sec. 98-593 — Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. A term not included in this list of definitions but defined within the state aquatic facility regulations shall have the meaning assigned to it within the state aquatic facility regulations. AQUATIC FACILITY means a pool, spa, special aquatic activity device, public interactive water feature, fountain or venue that may be used for swimming or bathing, or other regulated water body as defined by state aquatic facility regulations. CERTIFIED POOL OPERATOR. A person who: (a) Possesses a valid and current certificate of accreditation, and (b) Obtains certification by completion of one of the following courses or other nationally recognized course in aquatic facility operation, safety and management, and: 1) NRPA, "Aquatic Facility Operator" (A.F.O.); 2) NSPF, "Certified Pool-Spa Operator" (C.P.0); 3) Y.M.C.A., "Pool Operator on Location" (P.O.O.L.); 4) NSPI, "Professional Pool and Spa Operator" (P.P.S.O.); or 5) ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.); or 6) Other training at discretion of the Director of Neighborhood Services. CONSUMER HEALTH OFFICIAL. An Employee of the Department of Neighborhood Services charged with the enforcement of this article by the Director of Neighborhood Services, or the official's authorized representative. DIRECTOR. The Director of the Department of Neighborhood Services for the city, or the Director's authorized representative. ENCLOSURE means a fence, wall, or combination of fences, walls, gates, windows, or doors that completely surround an aquatic facility. EXTENSIVELY REMODELED means the replacement of or modification to an aquatic facility structure or its enclosure, its circulation system or its appurtenances, so that the design, configuration or operation is different from the original design, configuration or operation, including the installation of new deck detail or tile work that is different from Page 2 the original design. This term does not include the normal maintenance and repair or the replacement of equipment which has been previously approved if the size, type or operation of the equipment is not substantially different from the original equipment. PERSON IN CHARGE means the owner of the aquatic facility, or the person identifying himself or herself as the owner's designated representative and person in charge on the permit application. This person may also be the certified pool operator. PRIVATE AQUATIC FACILITY means any aquatic facility located on private, single- family residential property under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family or invited guests. PUBLIC AQUATIC FACILITY means any aquatic facility which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. SECURED means that an enclosure during normal operation is maintained so that all gates and entrances are maintained closed with functioning self-latching and self- closing mechanisms, and that the enclosure is not allowed to maintain gaps large enough to allow the passage of a 4" sphere or provide any feature that may be climbed by a child to gain access to the aquatic facility. The enclosure during times when the aquatic facility is closed to the public must maintain the above conditions, but the gates or entrances to the enclosure must also be locked so that no person may enter the gates or entrances without the authorization of the certified pool operator and/or person in charge. SEMIPUBLIC AQUATIC FACILITY means any aquatic facility which is not included within the definition of either "private aquatic facility" or "public aquatic facility" as those terms are defined in this section. SERVICE ANIMAL means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. STATE AQUATIC FACILITY REGULATIONS means the regulations adopted by the state of Texas to regulate public pools and spas, and includes the following, as amended from time to time: (a) Tex. Health and Safety Code Title 5. § 341.064 "Swimming Pools and Bathhouses;" and (b) Tex. Health and Safety Code Chapter 757 (Pool Yard Enclosures); and (c) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter L, "Standards of Public Pools and Spas;" and (d) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter M, "Public Interactive Water Features and Fountains." Page 3 Sec. 98-594. Adoption of State Aquatic Facility Regulations (a) The standards of the following statutes, laws, and regulations in their current form and as they may hereafter be amended, are adopted and applied into this article as if they were set forth at length herein: 1) Tex. Health and Safety Code Title 5. § 341.064 "Swimming Pools and Bathhouses;" and 2) Tex. Health and Safety Code Chapter 757 (Pool Yard Enclosures); and 3) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter L, "Standards of Public Pools and Spas;" and 4) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter M, "Public Interactive Water Features and Fountains." (b) If a conflict occurs between a provision of this article and a provision of the above statutes, laws, or regulations, the more strict provision shall apply. Sec. 98-595. - Failure to Comply (a) Failure to comply with any section of this article may result in the immediate closure of the aquatic facility, the initiation of legal action, permit suspension, and/or permit revocation. (b) Upon determination that the aquatic facility does not comply with the provisions of this article, the consumer health official shall notify the certified pool operator and/or the person in charge of the aquatic facility of the existing violations. Sec. 98-596. - Enforcement Responsibility The consumer health official or his authorized representative shall have enforcement responsibility for this article. Sec. 98-597. - Penalty for violation of article. Any person violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, as provided in section 1-13. Each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law; and the power of injunction and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. Secs. 98-598-98-620 Reserved for future use Page 4 DIVISION 2. — PUBLIC OR SEMIPUBLIC AQUATIC FACILITY PERMIT Sec. 98-621. — Permit Required. (a) A person shall not operate a public or semipublic aquatic facility in the city unless and until a permit for such purposes has been issued by the consumer health official or his designee. (b) The consumer health official shall not issue a permit until all required inspections have been completed and all fees have been paid in accordance with this article. (c) An application for such permit as required in this section shall be made annually in writing to the consumer health official or his designee upon forms prescribed and furnished by the city. (d) An applicant must designate a certified pool operator and person in charge for each facility for which a permit is sought. The person designated as the certified pool operator must be employed on the premises where the aquatic facility is located, and must be able to physically respond to the facility address within one hour of being notified by the consumer health official. (e) Operational permits shall expire on April 30 of each year, unless suspended for cause before the expiration date, and must be renewed each year in accordance with this article. (f) A separate permit is required for each body of water on site. For example, an enclosure containing both a swimming pool and a spa must obtain a permit for the swimming pool and a separate permit for the spa. (g) Public aquatic facilities which are owned and operated by the city, public schools, or as determined by the Director of the Department of Neighborhood Services, must obtain an operational permit but shall be exempt from paying the application fee and the operational permit fee. (h) Facilities constructed before the adoption of this article must comply with all provisions of this article and all future amendments to this article, unless the Director of the Department of Neighborhood Services grants a variance in writing, or unless otherwise exempted under Tex. Health and Safety Code Sec. 757.005. (i) If a variance to this article is issued by the Director of the Department of Neighborhood Services, the permit applicant must annually reapply for the variance in writing. The granting of a variance does not guarantee that the Director will grant future variances. (j) All fees are nonrefundable and will not be prorated. Sec. 98-622. - Permit Duration and Renewal The permit required by Sec. 98-621 must be renewed before May 1 of each calendar year. Page 5 Sec. 98-623. - Grounds for Permit Denial (a) The Director may deny the issuance of a permit for a public or semipublic aquatic facility: 1) If the applicant for the permit of the aquatic facility being permitted has been convicted of one or more violations of this article or state aquatic facility regulations; or 2) If any of the permit conditions of this article are not met. (b) An applicant whose permit is denied will be notified by the director, in writing, within ten days of the date of the denial. The director shall set out the grounds for the denial. (c) The notice will be personally delivered to the applicant or sent by certified mail, return receipt requested, to the address listed on the application. (d) An applicant whose permit is denied may request an appeals hearing within ten days after service of the notice of denial. Such request shall be in writing, shall specify the reasons why the permit should not be denied, and shall be filed with the director. Sec. 98-624. — Grounds for Permit Suspension/Revocation After notice and hearing, the director may suspend for up to 180 days or may revoke an public or semipublic aquatic facility permit if: (a) The permit holder or person in charge of the aquatic facility is convicted of a violation of this article or state aquatic facility regulations during the term of the permit; or (b) The permit holder or person in charge of the aquatic facility fails to comply with any of the permit conditions set forth in this article; or (c) The permit holder or person in charge of the aquatic facility fails to comply with an inspection report order; or (d) The permit holder or person in charge of the aquatic facility disobeys a closure order issued by the consumer health official pursuant to this article; or (e) The permit holder or person in charge made a materially false statement on the permit application or there is any false statement or misrepresentation as to a material fact in any plans and specifications submitted pursuant to this article. Secs 98-625— 98.640 Reserved for future use Page 6 DIVISION 3. — PLANS REVIEW AND INSPECTIONS Sec. 98-641. — Right of Entry The consumer health official, the building official of the city or designee, and/or the fire marshal of the city or designee, are authorized to conduct such inspections as deemed necessary to ensure compliance with all provisions of this article and the code of ordinances of the city. They shall have right of entry at any reasonable hour upon the premises where a public or semipublic aquatic facility is located. They shall have the authority to collect water samples and photographic and/or video evidence from the aquatic facility. Sec. 98-642. — Plans Review and Construction Inspections (a) Prior to beginning the construction of a new aquatic facility or the extensive remodeling of an existing aquatic facility, the owner shall submit plans and specifications for such construction or remodeling to the consumer health official and Building Inspections Department for review. (b) The plans and specifications shall indicate the proposed layout and arrangement of mechanical, plumbing, fencing, electrical, construction materials of work areas, the type and model of proposed fixed equipment and facilities and all associated buildings or structures. (c) A licensed professional engineer shall examine the final aquatic facility design/blueprints for all new and extensively remodeled aquatic facilities (including structural, mechanical, plumbing or electrical renovations) and certify by original signature and engineer's seal compliance with state aquatic facility regulations and this article. (d) No work shall begin until the consumer health official has received the engineer's certificate of pre-construction, conducted a plans review and has communicated with the Building Inspections Department that a building permit may be issued. Work shall commence and conclude within the time allowed by such permits. Deviations from approved plans shall not be permitted without approval in writing from the consumer health official and the Building Inspections Department. If no work has begun within 180 days from the date the consumer health official has given written notice that work may begin, or if work has begun and is halted more than 60 days, the director may withdraw approval. (e) The aquatic facility construction shall pass a pre-gunite inspection, pre-plaster inspection and preoperational inspection by the consumer health official prior to issuance of a permit. The completion of these inspections by a consumer health official does not substitute or replace inspections required by other departments within the city. (f) A licensed professional engineer shall inspect the completed new or renovated aquatic facility construction and certify by original signature and engineers seal Page 7 that the aquatic facility is installed and constructed in accordance with state aquatic facility regulations and this article. (g) It is the responsibility of the person in charge to ensure that the building permit applicant and licensed professional engineer comply with all zoning, building, fire, and health ordinances of the City of North Richland Hills. Sec. 98-643. — Annual Pre-Operation Inspections (a) Each public or semipublic aquatic facility shall pass a pre-operation inspection by the consumer health official prior to use by the public each permit year. There shall be no charge for one preliminary pre-operation inspection that is not requested by the facility and for one pre-operation inspection that is requested by the facility; a reinspection fee shall be required for all further pre-operation inspections. (b) Each public or semipublic aquatic facility shall also annually submit certification by a licensed, registered electrician that the electrical equipment for the aquatic facility meets all local, State, and Federal electrical codes on a form promulgated by the City. (c) A representative from each public or semipublic aquatic facility shall attend a pre- season pool safety meeting coordinated by the consumer health official prior to the beginning of each permit year. This representative should be the person in charge, the certified pool operator, and/or designee of the person in charge or certified pool operator. It shall be the responsibility of the person in charge and the certified pool operator to be knowledgeable about all information conveyed through the pre-season pool safety meeting. Sec. 98-644. — Reinspections due to Closure or Pre-Operation Inspection Failure Reinspections due to closure or pre-operation inspection failure shall be performed in accordance with Sec. 98-643 above and with Sec. 98-661 and Sec. 98- 972 below. Secs 98-645— 98-660 Reserved for Future Use DIVISION 4. — FEES Sec. 98-661. Fees Permit fees, application fees, plans review fees, registration fees, inspection fees, and reinspection fees for public and semi-public aquatic facilities shall be as listed in appendix A. The director of finance shall review all fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Page 8 Secs 98-662-98-970 Reserved for Future Use DIVISION 5. — MAINTENANCE AND OPERATION OF PUBLIC AND SEMI-PUBLIC AQUATIC FACILITIES Sec. 98-971. — Duties of Certified Pool Operator and/or the Person in Charge It shall be the duty of the certified pool operator and/or the person in charge to: (a) Physically respond within one hour of being notified by the consumer health official to the site of the aquatic facility; and (b) Check at least once per day that the aquatic facility remains in compliance with this article and with state aquatic facility regulations; and (c) Check and record water chemistry at least once per day for each aquatic facility permitted to ensure compliance with state aquatic facility regulations, including: a. Disinfectant levels; and b. pH levels; and c. Cyanuric acid levels (if applicable); and (d) Ensure that an appropriate method is used to check water chemistry as specified in state aquatic facility regulations; and (e) Retain records of daily water chemistry checks for at least two years on site; and (f) Ensure that the steps detailed in Sec. 98-972 (b-f) are completed if any conditions exist that require temporary closure of public and semi-public aquatic facilities as specified in Sec. 98-972 (a) below. (g) Register certification as a Certified Pool Operator with City of North Richland Hills Consumer Health Department and maintain a copy of the registration on site at the facility. In the event that the certified pool operator is no longer employed on premises, the aquatic facility must employ another certified pool operator who possesses or obtains a current North Richland Hills certified pool operator registration within 30 days of the effective date of termination or permanent transfer of the previous certified pool operator. To ensure compliance with this article, it is recommended that all certified pool operators use a test kit certified by the American National Standards Institute (ANSI). Sec. 98-972. — Temporary Closure of Public and Semi-Public Aquatic Facilities Page 9 (a) The following conditions require immediate closure of public and semi-public aquatic facilities: 1) The emergency phone on-site is absent, missing, or not functioning; or 2) The water chemistry of the aquatic facility is outside of required legal limits or is hazardous to public health and safety; or 3) Life safety equipment or signage is missing or damaged; or 4) The required safety vacuum release system (SVRS) is not working; or 5) Drain or suction outlet covers become damaged or detached; or 6) The bottom of the aquatic facility cannot be clearly seen at any part of the water body; or 7) The aquatic facility equipment ceases to circulate; or 8) The facility enclosure is damaged; or 9) The gates or doors to the aquatic facility fail to self-close and self-latch; or 10)An entanglement or entrapment hazard exists, regardless of the age of the aquatic facility; or 11)Any other event or condition exists that is hazardous to the health or safety of swimmers or of the general public. (b) If the consumer health official, certified pool operator, and/or person in charge determines that any condition exists in the aquatic facility that is hazardous to the health or safety of the swimmers or of the general public, the facility shall be closed and the certified pool operator and/or the person in charge shall immediately take all reasonable steps to prevent the use of the aquatic facility during closure. This includes: 1) All entrances into the aquatic facility enclosure shall be secured and locked. The certified pool operator and/or person in charge shall be responsible for keeping the entrances secured and locked at all times while the facility is closed. 2) Signs shall be posted at all entrances to the aquatic facility. Said sign shall be clearly visible to a reasonably observant person and shall state in minimum 2 inch letters, 'POOL CLOSED." The certified pool operator and/or person in charge shall be responsible for keeping the closure sign visible at all times. 3) A closure sign posted by the consumer health official shall not be removed by any person other than the consumer health official. Removal of the closure Page 10 sign posted by the consumer health official without authorization may result in citation, suspension, and/or revocation of the aquatic facility permit. (c) If the consumer health official determines that the condition of the aquatic facility is hazardous to the health or safety of the swimmers or the general public and orders closure, a reinspection of the facility must be conducted by the consumer health official prior to allowing the aquatic facility to be used or reopened. The reinspection shall be conducted during the regular working hours of the Department of Neighborhood Services at the request of the certified pool operator. If compliance has been achieved, the consumer health official shall notify the certified pool operator and/or the person in charge that the aquatic facility may be opened or reopened for use by swimmers and the general public. (d) If a reinspection of the facility by the consumer health official is required, a reinspection fee shall be charged for each reinspection of each aquatic facility in accordance with Sec. 98-661 above. (e) It shall be a violation for the certified pool operator and/or the person in charge to allow use of the aquatic facility after the consumer health official has ordered the facility closed and before the consumer health official has informed the certified pool operator and/or person in charge that the facility may be reopened. (f) Use of the aquatic facility by an individual for swimming, diving or bathing purposes after the consumer health official has ordered such aquatic facility to be closed shall be deemed prima facie evidence that the owner of the aquatic facility has knowingly allowed the aquatic facility to be used for such purposes. Sec. 98-973. - Additional Regulations for Aquatic Facility Enclosures a) The aquatic facility shall be surrounded by an approved enclosure not less than six feet in height with self-closing and self-latching gates or doors at all entrances into the aquatic facility area with latches or locks designed to keep children out of the aquatic facility area without adult supervision. Said enclosure shall be kept in good repair or secured at all times, and shall comply with all other provisions of state aquatic facility regulations. b) A door or pool alarm shall be required if deemed necessary by the Director on all doors and windows inside a building that provide direct access into the pool enclosure. c) In addition to any other law and pursuant to Texas Local Government Code Ch. 214, Subchapter C, "Swimming Pool Enclosures", as amended, the City may repair, replace, secure, or otherwise remedy an enclosure that is damaged, deteriorated, substandard, dilapidated, or otherwise in a state that poses a hazard to the public health, safety, and welfare. The City may order the owner of the enclosure or any person in control of the property on which the enclosure is located to repair, replace, secure, or otherwise remedy the enclosure in accordance with Texas Local Gov't Code Sec. 214.101. Page 11 Sec. 98-974. - Additional Signage and Safety Requirements for Public and Semipublic Aquatic Facilities (a) The aquatic facility enclosure shall maintain all signage required by state aquatic facility regulations, as well as any other signage deemed necessary and beneficial by the Director of Neighborhood Services. (b) A guide line rope with intact, functional floats shall separate the shallow portion of the aquatic facility from the deep portion at the breakpoint depth as deemed necessary by the consumer health official. This line must be securely in place during all hours of facility operation. (c) Cyanuric acid use and levels shall be governed by either State Aquatic Facility Regulations or the most recent adopted version of the Model Aquatic Health Code created by the Centers for Disease Control and Prevention. The more restrictive provision shall apply. Sec. 98-975. - Compliance with Local and State Regulations Regarding Backflow Prevention and Stormwater Control (a) Water introduced into the aquatic facility shall be supplied through an approved air gap. Any other method of introducing water into the aquatic facility system must comply with all other city ordinances and best management practices recommended by the Texas Commission on Environmental Quality, regardless of the age or pre-existence of the facility. If any conflict between provisions exists, the more strict provision shall apply unless a variance from this provision is granted. (b) All backwash and drainage water shall be disposed of into the city sanitary water system through lines and equipment installed in accordance with all codes and ordinances adopted by the City of North Richland Hills and all other relevant jurisdictions unless said water: 1) Does not possess any potentially hazardous characteristics that would pose a threat to private or public health and safety or to property; and 2) Is to be used to recycle as non-potable gray water and for conservation purposes only. (c) No backwash or drainage water may be pumped or drained directly to adjacent public or private property. Sec. 98-976. - Regulations for All Persons in Aquatic Facilities A person commits an offense if he: Page 12 (a) Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge, diarrhea, or a communicable disease and bathes in a public or semipublic aquatic facility; or (b) Alters or removes safety equipment or signage from a public or semipublic aquatic facility except in an emergency; or (c) Alters or damages any part of a public or semipublic aquatic facility enclosure or allows the aquatic facility enclosure to remain unsecured while the enclosure is under repair; or (d) Alters or damages drain and/or suction outlet covers or grates; or (e) Carries glass within a public or semipublic aquatic facility area or enclosure; or (f) Allows an animal under his control to enter or remain within the aquatic facility area or enclosure of a public or semipublic aquatic facility without approval from the Director of Neighborhood Services, unless the animal is a service animal; or (g) Interferes with or obstructs the consumer health official while the consumer health official is in the process of enforcing this article; or (h) Is the certified pool operator or the person in charge and violates any provision of this article. SECTION 2. Appendix A "Fee Schedule" of the Code is amended to add the following fees to Section 98-661: Certified Pool Operator $21.00 Aquatics Facility Reinspection $54.00 SECTION 3. Appendix A "Fee Schedule" of the Code is amended to remove the following "Swimming Pools-public and semi-public permit" fees from Section 18-193 and place them in Section 98-661 to read as follows: Aquatics Facilites-public and semi-public permit Application (new owners/new business) $104.00 Plan review $123.00 Annual permit fee per pool/spa $160.00 SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, City of North Richland Hills, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event Page 13 the conflicting provisions of the other ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. Any person, firm or corporation who violates, disobeys, omits, neglects, refuses or fails to comply with, or who resists the enforcement of any provision of this ordinance shall be fined as provided in Code of Ordinances Section 1-13 for each offence. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of the Code of Ordinances, City of North Richland Hills, Texas, as amended, which have accrued at the time of the effective date of this ordinance; and, as such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this ordinance but may be prosecuted until final disposition by the court. SECTION 8. This ordinance shall be in full force and effect from and after its passage as provided by law, and it is so ordained. AND IT IS SO ORDAINED. PASSED AND APPROVED ON THIS 13th DAY OF June 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Page 14 ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to Content: Stefanie Martinez, Director of Neighborhood Services Page 15 ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Consider renewal of professional services agreement for audit services to BKD, LLP PRESENTER: Kent Austin, Director of Finance SUMMARY: The City Council is being asked to renew a professional services agreement for Audit Services to BKD, LLP. GENERAL DESCRIPTION: On June 24, 2013, City Council approved a professional services agreement for Audit Services to BKD, LLP. The term of the engagement was for fiscal years 2013, 2014, and 2015 with two optional one-year renewals. Services to be provided included, but were not limited to, the annual audit of the City's financial statements (including bond official statement documents), review of the Comprehensive Annual Financial Report, State and Federal Grant auditing and reporting, compliance testing of the requirements of the Texas Public Funds Investment Act as amended, internal control review of various city departments, and payroll tax consultation. BKD has performed well during the past three fiscal year audits. Council is now being asked to approve the first of two one-year renewals. BKD's proposed engagement letter is attached. The firm is proposing a fee of $111,000 ($96,580 for financial statement audit and $14,420 for single audit), a slight increase from last year's $105,825. RECOMMENDATION: Approve renewal of professional services agreement for audit services to BKD, LLP. BKOLLP 94 i ' L - V- CPAs&Advisors bkd.com May 11, 2016 Honorable Oscar Trevino, Mayor and Members of City Council Mr. Mark Hindman, City Manager Mr. Kent Austin, Finance Director City of North Richland Hills, Texas 4301 City Point Drive North Richland Hills, Texas We are pleased to confirm the arrangements of our engagement and the nature of the services we will provide to the City of North Richland Hills, Texas. ENGAGEMENT OBJECTIVES AND SCOPE We will audit the basic financial statements of the City of North Richland Hills, Texas (the City) as of and for the year ended September 30, 2016, and the related notes to the financial statements. Our audit will be conducted with the objectives of ✓ Expressing an opinion on the financial statements ✓ Issuing a report on your compliance based on the audit of your financial statements. ✓ Issuing a report on your internal control over financial reporting based on the audit of your financial statements. ✓ Expressing an opinion on your compliance, in all material respects,with the types of compliance requirements described in the U.S. ice of Management and Bridget(OMB) Compliance Supplement that are applicable to each of your major federal award programs. ✓ Issuing a report on your internal control over compliance based on the audit of your compliance with the types of compliance requirements that are applicable to each of your major federal award programs. ✓ Issuing a report on your schedule of expenditures of federal awards. raxitE wmmom City of North Richland Hills, Texas May 11, 2016 Page 2 OUR RESPONSIBILITIES We will conduct our audit in accordance with auditing standards generally accepted in the United States of America(GAAS),the standards applicable to financial audits contained in Gorernment Auditing Standards issued by the Comptroller General of the United States and Title 2 U.S. Code ofFederal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards require that we plan and perform: ✓ The audit of the financial statements to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement,whether caused by fraud or error. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. ✓ The audit of comp]lance with the types of compliance requirements described in the OMB Compliance Supplement applicable to each major federal award program to obtain reasonable rather than absolute assurance about whether noncompliance having a direct and material effect on a major federal award program occurred. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance having a direct and material effect may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS. Tn making our risk assessments, we consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will Communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified daring the audit. Also, in the future, procedures could become inadequate because of changes in conditions or deterioration in design or operation. Two or more people may also circumvent controls, or management may override the system. We are available to perform additional procedures with regard to fraud detection and prevention at your request, subject to completion of our normal engagement acceptance procedures. The actual terms and fees of such an engagement would be documented in a separate letter to be signed by you and BKD. Kevin Kemp, partner, is responsible for supervising the engagement and authorizing the signing of the report or reports. City of North Richland Hills, Texas May 11, 2016 Page 3 We will issue awritten report upon completion of our audit of the City's financial statements. Our report will be addressed to the Mayor and Members of City Council of the City. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis of matter or other matter paragraph(s), or withdraw from the engagement. if we discover conditions that may prohibit us from issuing a standard report, we will notify you as well. In such circumstances, further arrangements may be necessary to continue our engagement. We will also express an opinion on whether the combining fund statements, budget to actual schedules and schedule of expenditures of federal awards ("supplementary information") is fairly stated, in all material respects, in relation to the financial statements as a whole. YOUR RESPONSIBILITIES Our audit will be conducted on the basis that management and, where appropriate, those charged with governance acknowledge and understand that they have responsibility: a. for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; b. for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; c. for identifying and ensuring compliance with the laws, regulations, contracts and grants applicable to your activities (including your federal award programs); and d. to provide us with i. access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation and other matters; ii. additional information that we may request from management for the purpose of the audit; and iii. unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. As part of our audit process,we will request from management written confirmation acknowledging certain responsibilities outlined in this engagement letter and confirming: • The availability of this information City of North Richland Hills, Texas May 11, 2016 Page 4 • Certain representations made during the audits for all periods presented • The effects of any uncorrected misstatements, if any, resulting from errors or fraud aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole The results of our tests of compliance and internal control over financial reporting performed in connection with our audit of the financial statements may not fully meet the reasonable needs of report users. Management is responsible for obtaining audits, examinations, agreed-upon procedures or other engagements that satisfy relevant legal, regulatory or contractual requirements or fully meet other reasonable user needs. With regard to supplementary information: • Management is responsible for its preparation in accordance with applicable criteria • Management will provide certain written representations regarding the supplementary information at the conclusion of our engagement • Management will include our report on this supplementary information in any document that contains this supplementary information and indicates we have reported on the supplementary information • Management will make the supplementary information readily available to intended users if it is not presented with the audited financial statements OTHER SERVICES We may perform other services for you not covered by this engagement letter. You agree to assume full responsibility for the substantive outcomes of those services, including any findings that may result. You also acknowledge that those services are adequate for your purposes and that you will establish and monitor the performance of those services to ensure that they meet management's objectives. Any and all decisions involving management responsibilities related to those services will be made by you, and you accept full responsibility for such decisions. We understand that you will designate a management-level individual to be responsible and accountable for overseeing the performance of those services, and that you will have determined this individual is qualified to conduct such oversight. ENGAGEMENT FEES Our fees will be $111,000 ($96,580 for financial statement audit and $14,420 for Single Audit). Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will be paid promptly. We will issue progress billings during the course of our engagement, and payment of our invoices is due upon receipt. Interest will be charged on any unpaid balance after 30 days at the rate of 10%per annum. City of North Richland Hills, Texas May 11, 2016 Page 5 Our engagement fee does not include any time for post-engagement consultation with your personnel or third parties, consent letters and related procedures for the use of our reports in offering documents, inquiries from regulators or testimony or deposition regarding any subpoena. Charges for such services will be billed separately. Our fees may also increase if our duties or responsibilities are increased by rulemaking of any regulatory body or any additional new accounting or auditing standards. If our invoices for this or any other engagement you may have with BKD are not paid within 30 days, we may suspend or terminate our services for this or any other engagement. In the event our work is suspended or terminated as a result of nonpayment, you agree we will not be responsible for any consequences to you. OTHER ENGAGEMENT MATTERS AND LIMITATIONS BKD is not acting as your municipal advisor under Section 15B of the Securities Exchange Act of'1934, as amended. As such, BKD is not recommending any action to you and does not owe you a fiduciary duty with respect to any information or communications regarding municipal financial products or the issuance of municipal securities. You should discuss such information or communications with any and all internal or external advisors and experts you deem appropriate before acting on any such information or material provided by BKD. Our workpapers and documentation retained in any form of media for this engagement are the property of BKD. We can be compelled to provide information under legal process. In addition, we may be requested by regulatory or enforcement bodies to make certain workpapers available to them pursuant to authority granted by law or regulation. You agree that we have no legal responsibility to you in the event we provide such documents or information. To the extent permitted by the laws of the state of Texas,you agree to indemnify and hold harmless BKD and its personnel from any claims, liabilities, costs and expenses relating to our services under this agreement attributable to false or incomplete representations by management, except to the extent determined to have resulted from the intentional or deliberate misconduct of BKD personnel. To the extent permitted by the laws of the state of Texas, you agree that any dispute regarding this engagement will,prior to resorting to litigation, be submitted to mediation upon written request by either party. Both parties agree to try in good faith to settle the dispute in mediation. The American Arbitration Association will administer any such mediation in accordance with its Commercial Mediation Rules. The results of the mediation proceeding shall be binding only if each of us agrees to be bound. We will share any costs of mediation proceedings equally. Either of us may terminate these services at any time. Both of us must agree, in writing, to any future modifications or extensions. If services are terminated, you agree to pay us for time and expenses expended to date. City of North Richland Hills, Texas May 11, 2016 Page 6 If any provision of this agreement is declared invalid or unenforceable, no other provision of this agreement is affected and all other provisions remain in full force and effect. This engagement letter represents the entire agreement regarding the services described herein and supersedes all prior negotiations, proposals, representations or agreements, written or oral, regarding these services. It shall be binding on heirs, successors and assigns of you and BIND. We may from time to time utilize third-party service providers, e.g., domestic software processors or legal counsel, or disclose confidential information about you to third-party service providers in serving your account. We remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your information. In addition,we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information. In the event we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. We will, at our discretion or upon your request, deliver financial or other confidential information to you electronically via email or other mechanism. You recognize and accept the risk involved, particularly in email delivery as the Internet is not necessarily a secure medium of communication as messages can be intercepted and read by those determined to do so. You agree you will not modify these documents for internal use or for distribution to third parties. You also understand that we may on occasion send you documents marked as draft and understand that those are for your review purpose only, should not be distributed in any way and should be destroyed as soon as possible. If you intend to include these financial statements and our report in an offering document at some future date, you agree to seek our permission to do so at that time. You agree to provide reasonable notice to allow sufficient time for us to perform certain additional procedures. Any time you intend to publish or otherwise reproduce these financial statements and our report and make reference to our firm name in any manner in connection therewith, you agree to provide us with printers' proofs or masters for our review and approval before printing or other reproduction. You will also provide us with a copy of the final reproduced material for our approval before it is distributed. Our fees for such services are in addition to those discussed elsewhere in this letter. You agree to notify us if you desire to place these financial statements or our report thereon along with other information, such as a report by management or those charged with governance on operations, financial summaries or highlights, financial ratios, etc., on an electronic site. You recognize that we have no responsibility as auditors to review information contained in electronic sites. Any time you intend to reference our firm name in any manner in any published materials, including on an electronic site, you agree to provide us with draft materials for our review and approval before publishing or posting such information. City of North Richland Hills, Texas May 11, 2016 Page 7 BKD is a registered limited liability partnership under Missouri law. Under applicable professional standards, partners of BKD, LLP have the same responsibilities as do partners in a general accounting and consulting partnership with respect to conformance by themselves and other professionals in BKD with their professional and ethical obligations. However, unlike the partners in a general partnership, the partners in a registered limited liability partnership do not have individual civil liability, directly or indirectly, including by way of indemnification, contribution, assessment or otherwise, for any debts, obligations or liabilities of or chargeable to the registered limited liability partnership or each other, whether arising in tort, contract or otherwise. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2014 peer review report accompanies this letter. Please sign and return the attached copy of this letter to indicate your acknowledgement of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. If the signed copy you return to us is in electronic form, you agree that such copy shall be legally treated as a"duplicate original" of this agreement. BKD, LLP Acknowledged and agreed to on behalf of City of North Richland Hills, Texas BY Oscar Trevino, Mayor DATE BY Mark Hindman, City Manager DATE [»�rf|c��� �f . vov^" /Vy�|.e �� hL�f| ]| �x . ~.u<��V0e ^N'Au�,�,,,j* .....wo� � ^m`°°aI)/+` ",."v** «*o-,*`*w n.r«p"cvo uvn To the Partners u[BK{), LLP and the National Peer Review Conm/oiUot We have reviewed the systern of'quality control for the accounting and auditing practice of BKD, LIT (the firm) applicable 10 engagements [lot cu6iuo\0urC&[)Ylpermanent inspection io effect for the year ended May 3i, 20l4. Our Peer review was conducted im accordance with the Standards for Performing and Reporting mn Peer Reviews established bvthe Peer Review Board ofthe American Institute of Certified Public Accountants. As a pan of our peer review, we considered reviews by regulawiy entities, if applicable, in determining the nature and extent of our mocedures. The firm is tesponsible for designing a system of quality control and complying with it to provide the firm with reasonable m000n^rice of' performing and reporting incnoibnnity with applicable professional standards in all material respects. Our responsibility is to express all opinion on the design ofthe systern of quality control and tile hou`s compliance therewith based .muur review, Thv nature, objectives, scope, limitations of, wzdd`tprou*dorosperfhnmedin * 3*utormRcvim* aredo»^rik*JiuAzostx/ndurdsa1 &x required hy the stwmdvrds, moAmgomuomtzoe\nctu4Knreviewioc|udodrugugemou|spnr/i`nned "uJer U*ve/nxw*n/ a[/v6fix\gSlnoau/&. audits of employee benefit plans, audits performed nuclei- Fl)/[IA, audits o[ carrying broker-dealers, all(] examinations ofservice organizations(SOC 1). lo our opinion, the system ofqoaUty control for the accounting and auditing practice of0}{1), LIP applicable to engagements not subject 1upC&(}8 permanent inspection io effect for the year ended May 3l, 2O]4, has been suitably designed and complied with to provide the firin will) reasonable assurance of performing and reporting in conRumity with applicable professional standards in all material respects. Firms can receive a rating ofpelss,pass with d4, fix/on(y(iex} orfi�//. 8&D` LLPbusrec6ve'iapomrrevie`vr*1iog^fp*zc y / D»|ou Rouge, k,unisi*m September l9, 2Al4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.l-a and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no Interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number of business. 2016-53951 BKD,LLP Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a parry tot the contras for which the form Is 05/11/2016 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 Engagement Letter 5/11/16 Audit Services 4 Nature of Interest Name of Interested Parry City,State,Country(place of business) (check applicable) Controlling I Intermediary Wolfe,Mike Springfield,MO United States X Hansen,Eric Springfield,MO United States X Dickman,Ted Indianapolis,IN United States X 5 Check only if there is NO Interested Party. ❑ 6 A I swear,or affirm,under nal KIRSTEN MOTTWILER LOSIS ry of per jury,that the above disclosure is we and correct. ��...� Notary Public,State of Teaas Comm.Expires 11.16.4019 '`w?•r'`a Notary 10 130//1205 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE p�"9gG�CChh �,�"V Sworn to and subscribed before me,by the said { LL.(O Y d'f t. tins the , „ , ,,,, ,,,day of , 20_, x,,to certify which•witness rry hand and seal of office. a < „ " nature of ofAadmmistenmoadti-- rioted name of officer administering oath Title of officer a r nisiering oath Forms provided by Texas Ethics Commission www.ethics.state.ot.us Version V1.0.1021 NKH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-24-2013 Subject: Agenda Item No. F.1 Award Professional Services Agreement for Audit Services to BKD, LLP Presenter: Laury Fiorello, Assistant Finance Director Summary: The City Council is being asked to award a professional services agreement for Audit Services to BKD, LLP. General Description: Deloitte, LLP has performed the audit for the City of North Richland Hills for the last four years. While the City does not have a policy mandating the periodic rotation of auditors, management believes that it is good practice to request proposals periodically to ensure the City is receiving the best possible audit services. Prior to this occasion, the last time the City requested proposals for auditing services was in 2009. On April 5, 2013 the City requested proposals for Professional Auditing Services from local, regional, and national accounting firms by direct mail, and newspaper advertisement. The proposal specifications were prepared by staff to ensure conformance with nationally accepted governmental auditing standards while promoting and protecting the interests of the City of North Richland Hills. The proposal described relevant aspects of the audit process from start to finish. The term of the engagement will be for fiscal years 2013, 2014, and 2015 with two optional one-year renewals. Services to be provided include, but are not limited to, the annual audit of the City's financial statements (including bond official statement documents), review of the Comprehensive Annual Financial Report, State and Federal Grant auditing and reporting, compliance testing of the requirements of the Texas Public Funds Investment Act as amended, internal control review of various city departments, and payroll tax consultation. The following firms submitted proposals (listed in alphabetical order): • BKD, LLP • KPMG, LLP • Crowe Horwath • Patillo, Brown, and Hill, LLP • Deloitte, LLP • Weaver, LLP • Grant Thornton • Whitley Penn, LLP The proposals were evaluated using these major criteria: 1) Mandatory elements such as independence and audit quality. 2) Expertise and Experience 3) Audit Approach 4) Ability to meet stated deadlines. The proposals were reviewed by a six member Proposal Review Committee: • Karen Bostic, Assistant City Manager • Larry Koonce, Director of Finance • Caroline Waggoner, Assistant Director of Public Works • Cameron Rowland, Assistant Director of Human Resources • Laury Fiorello, Assistant Director of Finance • Amy Stephens, Accountant II Interviews were held with four of the firms: BKD, LLP, Patillo, Brown, and Hill, LLP, Weaver, LLP and Whitley Penn, LLP. After careful review and consideration of all the critical elements involved, the committee concluded the best proposal was submitted by the accounting firm of BKD, LLP of Dallas. The firm's proposal offered support that their firm has the best qualifications when combining all critical elements of the evaluation criteria. As such, the committee recommends award of the engagement to BKD, LLP. The firm has extensive experience in municipal auditing and ranked high in all technical areas of evaluation. They are currently serving over 150 municipal governmental clients. Their references include, but are not limited to, the City of Bedford, City of El Paso, City of Lubbock, City of Lancaster, The Colony, and City of Kerrville, Texas. BKD, LLP has proposed the following costs for services (Audit, Bond Official Statement Review, and Payroll Tax Consultation) for 2013 ($98,650), 2014 ($101,200), and 2015 ($104,225). This engagement gives the City the right to review the auditor's performance each year. Acceptable performance reviews will be necessary to continue auditing services the following year. Recommendation: Award Professional Services Agreement for Audit Services to BKD, LLP. DRAFT . 0 BKOUP Gdla Ix 152A 2961 CPAs&Advisors Y12/"d 8262 7 ux Y12 IN 0613 www,dkdxom June 13, 2013 Honorable Oscar Trevino,Mayor and Members of'('ity Council Mr. Mark l findrnan, Cit)r Manager Mr. Larry Koonce, Finance Director ('try of North Richland. Hills, Texas 7301 NF Loop 820 North Richland Hills, "Texas We are pleased to confirm the, arrangements of our engagement and the nature of the services we will piovidfe to the City of'Norlh Richland Hills, "Texas. ENGAC:fr:l'tIEN'r OBJECTIVES AND SCOPE We will audit the basic financial statements of the City of Noath Richland Hills, 'Texas as of and fbi-the year ended September 30, 2013, and the related notes to the financial sl atements. Our audit will be conducted with the objectives of. • Expressing an opinion on the financial statements • Issuing a report on your compliance biased on the audit of your financial statements. ✓ Issuing a report on your internal control over financial reporting based on the audit of your financial statements. ✓ Expressing rata opinion on your compliance, in all material respects,with the types of compliance requirements described in the CL .S Offace of Alfaanaagerraent and Budget r"ircv /nr 2- 133 (,o),iipliazrrae,°it p enrerat that are applicable to each of your major federal award piograrn. Issuing a report on your internal control over compliance based on the audit of your compliance with the types of compliance reclliremeuts that are applicable to each of yarn-iwkjor federal award progmmsi. ✓ Issuing a report on,your schedule of expenditures of federal awards. I" ' y i I?4MR " experience City of Nortl:i. l21Clll$rlfl Hills, Texas exii5 D % / Ame 13, 2013 Page 2 OUR RESPONSIBILITIES We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GAAS), the stairdlaids applicable to financial audits contained in Government Anivana,Standards issued by the (`omptioller General of the 1 inited States and U.S. Office of Management and Budget (01\413) Circular A-133,Amfits o�S"tdates, Local Governments, and lironpForit 0l"r xnn%;rations. "['hose staiielards aegtiiie that we plan arad perforru: ✓ The audit of the financial statements to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement,whether damsel[by ft and of error. Ara audit involves performing procedures to obtain audit evidence about the amounts and diselosines iii the financial stateirients. The pi ocedu es selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. Air audit also includes evaluating the appropriateiiess of accounting policies used and the reasorralrleness uf`signi"crint accoiuitnig estnirates made by management, as well as evaluating the overall presentation of the financial statements. ✓ The audit of compliance with the types of comphance requirements described in the OMI3 Ci chlai A-133 Compliance Supplement applicable to each major federal awai d,l piogiam to obtain reasonable rather than absolute assurance about whether noncompliance having a direct and material effect oil a major federal award program occurred. Because of the inherent limitations of an audit, together with the inherent limitations of internal conti ol, an unavoidable risk that sortie material misstatements or noncompliance having a direct and in aterial effect iruay riot be defected exists, even though the audit is properly planned and perf'onned ill accordance with GRAS. In making our risk assessments, we consider internal control relevant to the entity's pre;paiafion and fair presentation of the financial statements in order to design audit piocediues that are appropriate in the circumstances but not for the purpose of expressing an opi rion on (lie effectiveness of the entity's hrternal control. However, we will communicate to you hr wiitirig condensing any significant deficiencies or material weaknesses ill internal control relevant to the audit of the financial statements that we have identified during the audit. Also, ill the f rture, proeedmes could became madedluate because of changes in conditions or deterioratrori in design or operation. Two or more people may also circumvent controls, or management rimy override the system. We are available to perform additional procedures with regard to fraud detection and prevention at your request, subject to completion of our normal engagement acceptance procedures. The actual terns and fees of such all engagement would be documented in a separate letter to be signed by you and BKD. Kevin Kemp is responsible for supervising the engagement and authorizing the signing of the report or reports. City of Nortl:l. I21C111$alfl Elr.11.5, "I exas D % / June 13, 2013 Page 3 We will issue a written report upon completion of oul audit of the City of North Richland IIill's financial statements. Our report will be addressed to the nmyur and rnernbea's of city council of the City of North Richland hills. We cannot provide assurance that an unmodified opinion will be expressed. 4'ircurnstances may arise in which it is necessary for us to modify our opinion, add all emphasis of matter or other matter paragraph(s), or withdraw front the engagement. If we discover conditions that may prohibit us from issuing a standard report, we will notify you as well. In such curcnurstauees, further air angerrrertts ruay be necessary to continlre otrr erngagerlrent. We wr.11 also express an opinion oil whethei the combining financial statements and varnus budget and actual schedules ("supplementary information") area fairly stated, in all material respects, in relation to the financial statements as a whole. YOUR RESPONSIBILITIES Our audit will be conducted on the basis that management and, where appropriate, those charged. with governance acknowledge and under stand that they have responsibility: a. for the pi eparation and fi-or presentation of the financial statements in accordance with accounting principles generally accepted in the Lrnited States of America; b. for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from rnlaterial misstatement, whether clue to fraud or error, c. for identifying and ensuring compliance with the laws, regulations, contracts and grants applicable to your activities including your federal award progiaurs); and d. to provide us with i. access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation and other matter's; ii. additional information that we may rcfluest from management for the purpose of the audit, and in. unrestricted access to persons within the entity from whom we detennine it necessary to obtain audit evidence. As part of our audit process, we will request ti om management and. where appropriate, those charged with governance, written confirmation acknowledging certain responsibilities outlined in this engagement letter and confirming: • The availability of this information City of Nord:r. l21Clllailfl E1r.11.5, "1 eXaS D % / Tune 13, 20113 Page 4 • Certain representations inade during the audits for all periods presented • The effects of air)(l,nncl ITected misstatements, if air)(, resulting front errors or fraud aggregated by us dru ing the cm ient engagement and pertaimug to the latest period presented are nuntaterial, both individually and in the aggregate, to the financial statements taken as a whole The results of our tents of compliance and internal control over financial reporting performed in cornrection with arrr audit of the financial statements may not frilly meet the reasonable needs of repot t users. Management is responsible for obtaining audits, examinations, agreed-upon procedrues or other engagements that satisfy relevant Legal, regulatory or contractual. requiternents or fully meet other reasonable user needs. With regard to supplementary information: • Management is responsible for its preparation in accordance with,applicable ci iteria • Management will provide certain written representations regarding the supplementary information at the couclmiou of our engagement • Management will include our report on [his supplementary information in any document that contains this supplementary information and indicates we have reported on the supplementary information • Management will make the supplementary information readily available to intended users if it is not presented with the audited financial statements OTHER SERVICES We may perform farther services for you not covered by this engagement letter. Year agree to (assume full responsibility for the substantive outcomes of the services described above arnd for any either services that we may provide, including any findings that may result. You also acknowledge that those services are adequate for your proposes and that you will establish and monitor the performance of those services to ensure that they meet management's objectives. Any and all decisions involving management functions related to those services will be made by yen(, and you accept full responsibility for such decisions. We undeistand that you will designate a management-level individual to be responsible and accountable for overseeing the performance of these service.,.,, and that you will have determined this individual is qualified tea conduct sucli oversight. ENGAGEMENT FEES Our fees will be $93,350 ($80,150 for fitimcial statement audit and .$13,200 for Single Audit) which includes an administrative fire to cover items such as copies, postage and either delivery charges, supplies, technology-ielated costs such as computer processing, software licensing, research and library databases and similar expense items. ('fly of Nortl:r. I21Clll$r1fl Elr.l1.5, '1 exiis D % / June 13, 2013 Page 5 Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will 'be paid promptly. We will issue l)rogr css billings during the course of our engagement, and payrnerrt of oan invoices is due upon receipt. Interest will be charged ern any unpaid balance after 30 days at the rate sat' 10%per annum. Our engagement tee floes not include any little for post-engagement consultation with your personnel or third parties, consent letters and related procedures for the use of om repoats in offering documents, in(luirnes frow regulators or testnrrony or deposition regarrhug air)( subpoena. Charges for such services will be billed separately. Our fees may also increase if our duties or responsibilities are increased by rnlerrraking of any regulatory body or any additional new accounting of auditing standards. We will consult with you in the event any other regulations or standards are issued treat may mmpaca our fees. If our invoices for this or any other engagement you may have with BKL7 are not paid within 30 days, we inlay suspend or terminate our services far this or any other engagement In the event our work is suspended or terminated as a result of noupaynrent, you agree we will not be responsible far any consequences to you. OTHER ENGAGEMENT' MATTERS AND T:IMITABONS Our wo kpapers and documentation retained in any foam of"media for this engagement ar'e the propei Cy of BKD. We can be compelled to provide information under legal process. In addition, we may be requested by regulatory or enforcement bodies to make certam workpapers available to them pursuant to authority granted by law or regulatoru. You agree that we have no legal responsibility to yore in the event we provide such documents or infoiniatiorn. To the extent permitted by the 'laws of tile State of Texas, you agree to indemnify and hold harmless BKD and its personnel from any claims, liabilities, costs and expenses aelatirrg to our services trader this agreement attributable to false or incomplete representalumis by management, except to the extent determined to have resulted from the intentional or deliberate misconduct. of BKD personnel. 'To the extent permitted by the laws of the State of"Texas, you agree that any dispute regarding this engagement will, prior to resorting to 'litigation, be submitted to inedia tiorn upon written request by either party. Both parties agree to try in good faith to settle the dispute in mediation. The American Arbitration Association will administer any such mediation in accor(tance with its Commer cial ;Mediation Rules. 'Eire results of the mediation proceeding shall be binding only if' each of us agrees tsar be bound. We will share any costs ofrnediation proceedings equally. Either of us may terminate these services at any little }Toth of its rriust agree, in writing, to any future modifications or extensions. If services are terminated, you agree to pay us fcrr time expended to slate. If any provision of this agreement is declared invalid or unenforceable, no other provision of this agreement is affected and all other provisions remain in hill force and effect. (.'lty of Nortl:a. RICIII$tlfl Hills, Texas e.Xiis D / / June 13, 2013 Page 6 This eugagement letter represents the entire agreement regarding the services described herein and supersedes all prior negotiations, proposals, representations or argrcements, written or oral, regarding these services. It shall be binding on heirs, successors and assigns of you and BKL7. We may from tame to time luilize third-panty service pioviders, e.g., dorrnestic softwaae pioce,.;sors or legal counsel, or disclose confidential information about you to third-party service providers in serving your account. We remain committed to maintaining the confidentiality and security of your infortu ation. Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your information. In addition, we will secure confidentiality agreenwilts with all service providers to maintain the confidentiality of youa� information. ha the event we are unable to secure an appropriate confidentiality agrecrrrent, you will be asked to provide your consent pnor to the sharing of youa confidential information with the third-party service provider. We will, at our discretion or upon }tour request, deliver financial or other confidential information to you electronically via email of other inechanism. You recognize and accept the risk involved, particularly in email delivery as the Internet is not necessarily a secure medhnn of conmrun icatiou as messages cart be intercepted and read by those determined to do so. You agree you will not nnodify these documents for internal rise fu f6r distribution to thh d parties. You also understand that we may on occasion send you documents marked as dhaaft and understand that those are for your review puapose only, should not be distributed in any way and should be destroyed as soon as possible. If"yon intend to include these financial statements and our report in an offering document at some future date, you agree to seek our permission to do so at that time. You agree to provide reasonable notice to allow sufficient time for its to perform certain additional procedures. Any three you intend to publish cr otherwise reproduce these financial statements and our report and make reference to our firm name to any manner in connection therewith,you agi ee to provide its with printers' proots or masters for our review area approval before prhrting or other reproduction. You will also provide us with a copy of fire final reproduced material for our approval before it is distributed. Our Ices for such services will be $4,000 per offering document. You agree to notify us if you desire to place these financial statements or our report fhercon err all electronic site. You recognize that we have no responsibility as auditors to review infonmation contained inn electronic sites. Any little you intend to reference our firm narue in any manner in any published materials, including oil an electronic site, you agree to provide its with chadl materials for our review and approval befiare publishiaag car posting such information. City of Nortl:a. l21Clll$rlfl Elr.11.5, T exas D % / June 13, 2013 Page 7 BKD is a registered limited liability partnership under Missouri law. Under applicable professional standards, partners of BKD, LLP have the same responsibilities as do pactraers in as general accouutnrg and coos rbing partnership with respect to conformance by themselves and other professionals in BBD with their piofessional and ethical obligations. However, unlike the partners in a general partnership, the partners in a registered limited liability partnership do not have individual civil liability, directly or indirectly, including by way of indemnification, contribution, assessment or otherwise, for any debts, obligations or liabilities of or chargeable to the registered limited livability partnership or each other, whether arising in Mort, contract or otherwise. Please sin and return the attached copy of this letter to indicate your acknowledgement of, and agreement with, the arrangements for our audit of the financial statements including om respective responsibilities. If the signed copy you return to us is in electronic forru, you agree that such copy shall be legally treated as a "duplicate criginal" of this agreement. BKD, LLP Acknowledged and aapeed to on behalf of City of North Richland frills„ Texas BY (Name & Title - Member of I"hose Charged with (:governance) DATE BY (Name Ak 'Title - Member of Management) DATE ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 13, 2016 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: 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. Children ages 5 to 12 are invited to learn about bicycle safety at a free bike rodeo on Saturday, June 11th. The rodeo will take place from 9:30 to 11 :30 a.m. at Cross Timbers Park. Space is limited and pre-registration is required. Call the NRH Centre at 817-427-6600 to register and get more details. June is National Adopt-a-Shelter-Cat Month. To celebrate, the North Richland Hills Animal Adoption & Rescue Center is reducing adoption fees to $60 for kittens and puppies 6 months and under, and $20 for cats and dogs over 6 months of age. Please call or visit the adoption center for more information. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Mark Hill in the Water Department — A resident called to share appreciation and thanks after Mark found a phone in the street, tracked down the owner and returned it. It's great to know we have such honest and caring employees working in our community.