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CC 2017-02-27 Agendas
M KH NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, FEBRUARY 27, 2017 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1.. Discuss items from regular City Council meeting 2.. Welcome and introduction - public official, public employee or citizen. 3. Discuss 2017 Federal Legislative Positions 4. Quarterly Financial Report for the Period Ending December 31, 2016 5. Police Department and Fire Department 2016 Annual Reports 6.. 2016 Racial Profiling Report 7.. Discussion of proposed changes to standards and regulations for massage establishments Monday, February 27, 2017 City Council Agenda Page 1 of 4 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. REGULAR MEETING Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION A.2 PLEDGE - COUNCIL MEMBER LOMBARD A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the regular February 13, 2017 City Council meeting. B.2 Authorize a one (1) year purchase agreement with General Datatech, L.P. for Cisco hardware and software maintenance in the amount of $145,771.11. Monday, February 27, 2017 City Council Agenda Page 2 of 4 B.3 Approve a City / Developer Agreement with Joe Oggier for municipal infrastructure costs to serve the Oggier Addition. BA Approve agreement with 3i Advertising LLC for graphic design and creative services for NRH2O Family Water Park in an amount not to exceed $63.000. B.5 Rescind approval of a professional services agreement with Dunaway Associates for the Snider Street Extension Project in the amount of $222.568.00. 13.6 Authorize the city manager to enter into a Memorandum of Understanding with the cities of Richland Hills, Watauga, and Haltom City for a joint project which will provide new video conferencing systems to all fire stations under the Assistance to Firefighters Grant. C. PUBLIC HEARINGS C.1 Conduct Public Hearing and consider Resolution No. 2017-009, adoptinq the 43rd Year Community Development Block Grant Program. C.2 Ordinance No. 3449, Public Hearing and consideration of ordinance adoptinq the Youth Programs Standards of Care. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS F.1 Consider Resolution No. 2017-007, appointing members to Keep NRH Beautiful Commission. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS H.1 Announcements I. ADJOURNMENT Certification Monday, February 27, 2017 City Council Agenda Page 3 of 4 I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, February 24, 2017 at 3:00 PM. Tim Welch, Mayor Pro Tem Alicia Richardson, City Secretary Monday, February 27, 2017 City Council Agenda Page 4 of 4 NFt,H CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. NFt,H CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Welcome and introduction — public official, public employee or citizen PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. "RH NORTH MCF11,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Discuss 2017 Federal Legislative Positions PRESENTER: Karen Bostic, Assistant City Manager GENERAL DESCRIPTION: The legislative program is intended to be a guide to our legislators to inform them of the city's position on issues we expect will be raised during the congressional session. As in the past, we have used four guiding principles to determine our positions. These guiding principles are: • Local control; • Predictable and sufficient level of revenue to provide for our residents; • Opposition to unfunded mandates; • Quality of life. We expect the highest priorities to be: • Market Place Fairness • Maintaining Municipal Bond Tax Exemption • Affordable Healthcare • Immigration Reform NRH City of North Richland Hills / / I I l,p rn r ✓ lrri// � 1 / � � � ��I��I y��l l��i{���I �!41�N�� ryryry p ,,, . . / o I arr✓m-, " rl Ir � suafinl�rWx,„ ' z II�11111J�1J11J11J11����/HH�����aiia��Jf//����.�i ra���HHH�/r/iH�/„ ,,,,.,f���/, ,,,imi J.,,,�uiG./vu�a//l�,y�✓,�„i�/i�,,.,,,,iJ, :✓J/,I,,,,JJi�HG,�r„i///✓�%�%/////u/%%///„ 2017 Federal Legislative Positions FEDERAL LEGISLATIVE INTRODUCTION The United States Congress frequently creates new laws that greatly affect municipalities. Due to this relationship, the City of North Richland Hills must develop and adopt positions on the most critical federal issues that directly impact the City and its citizens, especially issues involving 1.) local control, 2.) quality of life, and 3.) municipal revenues (including unfunded mandates). Therefore, the City of North Richland Hills uses three primary principles in developing positions on legislative issues: 1. The City vigorously opposes any legislation that erodes the authority to govern our own local affairs. 2. The City opposes any legislation that dramatically impacts our ability to pay for public services and opposes the imposition of any federal mandates which do not provide for a commensurate level of compensation. 3. The City supports legislation that increases the quality of life for our citizens including legislation that encourages equitable services that increase pride and growth in our community. If an issue arises in Congress that is not included in this document, we urge our Congressional delegation to keep the City's guiding principles in mind as they make important decisions which will impact our joint-constituents. 2 TABLE OF CONTENTS General Legislative Policy ...................................................................................... 4 MarketPlace Fairness............................................................................................. 5 Maintaining Municipal Bond Tax Exemption ............................................... ... 6 AffordableHealthcare ............................................................................... 7 ImmigrationReform ............................................................................... .. 8 Contacts.................................................................................................................. 9 3 GENERAL LEGISLATIVE POLICY STATEMENT OF PRESERVATION As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. As such, the City opposes legislation that: • diminishes the fundamental authority of the City; • mandates increased costs without adequate compensation; • forces a loss of revenues or a decrease in public services; • erodes requirements for reasonable compensation for use of public lands; or • erodes municipal control over local water systems. STATEMENT OF SUPPORT Likewise, the City supports legislation that: • advances municipal authority to conduct the public's business; • improves the health, safety, and welfare of our citizens; • responsibly and fairly increases revenues to pay for essential services; • reduces the cost of providing services; • responsibly promotes economic development; or • improves the economy and creates jobs. 4 MARKET PLACE FAIRNESS BACKGROUND E-fairness legislation, such as The Market Place Fairness Act (MFA) in the Senate (S. 698) and the Remote Transactions Parity Act in the House (H.R. 2775) would allow local governments the flexibility to collect the taxes already owed to them on remote online purchases and removes an unfair disadvantage for local businesses Part of doing business as a brick-and-mortar retailer is collecting sales tax. Online retailers continue to hide behind an outdated system and do not collect the tax, providing a competitive price advantage over their brick-and-mortar counterparts. Increasingly community-based stores find themselves serving as "showrooms" for unrelated internet and catalog sellers, as prospective customers check out merchandise in person but ultimately buy online, erroneously thinking that they can avoid the sales tax. On the contrary, these consumers are required to pay the applicable sales tax for their online purchases. While the brick-and-mortar retailer collects the sales tax at the time of purchase in a store, right now the responsibility shifts to the internet customer who is supposed to pay the sales tax when filing their annual state tax return. However, most taxpayers are not aware of their responsibility and state and local governments do not have the resources to enforce payment. This puts brick-and-mortar retailers at a competitive price disadvantage compared to remote sellers. It is estimated that state and local governments lose approximately $23 billion per year in uncollected sales tax. Brick-and-mortar stores invest in their communities and play a major role in the overall quality of life. They keep workers employed and are an integral part of many civic and charitable organizations. Without a competitive retail environment in our communities and efficient delivery of goods and services, the economic health and local flavor of our communities will be jeopardized. POSITION The City of North Richland Hills supports federal legislation to level the playing- field between e-commerce and brick-and-mortar retailers by giving state and local governments the authority to collect sales taxes on remote sales. 5 MAINTAINING TAX EXEMPT STATUS OF MUNICIPAL BONDS BACKGROUND As Congress and the Administration look for revenue to reduce the deficit and fund programs, the federal income tax exemption provided to interest paid on state and municipal bonds is under threat. Removal of the exemption would result in double taxation by increasing federal and state taxes on bond interest income and local taxes for higher interest cost on municipal bonds. Since the federal income tax was instituted in 1913, interest earned from municipal bonds issued by state and local governments have been exempt from federal taxation. These bonds are the primary financing mechanism for state and local infrastructure projects, with three-quarters of the infrastructure projects in the U.S. built by state and local governments. Local governments save an average of 25 to 30 percent on interest costs with tax-exempt municipal bonds as compared to taxable bonds. This is true because investors are willing to accept lower interest income on tax-exempt bonds in conjunction with the tax benefit. If the federal income tax exemption is eliminated or limited, states and localities will pay more to finance projects, leading to less infrastructure investment or a greater burden on citizens who will have to pay higher taxes and fees to do the same projects. The need for infrastructure investment is critical. Much of this need must be met by states, counties and cities. Tax-exempt municipal bonds are the primary tools for doing SO. POSITION • The City of North Richland Hills supports continuation of the tax-exempt status for municipal bonds, thereby providing the primary funding source for local infrastructure projects. 6 AFFORDABLE HEALTHCARE BACKGROUND The ever increasing cost of healthcare in the United States creates a burden to consumers and businesses alike. It has not only become a greater out of pocket expense for consumers seeking medical attention, it has driven up costs across all industries as it can often times be the largest input price to the cost of production for manufacturing. The City of North Richland Hills has seen health insurance costs increase from $5.3 million in FY 06/07 to $11.3 million in FY 15/16, an increase of 113°/x. The increase during this time would have been even greater had we not made plan design changes that reduced benefits, as well as pass on more costs to employees through higher out of pocket expenses. There is only so much we can do to control costs. The federal government has the most power to effect change in the healthcare industry. POSITION • The City of North Richland Hills supports cost containment initiatives to stabilize healthcare costs for our employees as well as the City itself. 7 IMMIGRATION REFORM BACKGROUND The City of North Richland Hills believes immigration reform should be addressed in a comprehensive, thoughtful manner at the federal level. The safety and security of the public should be the primary objective. The City of North Richland Hills supports cooperation between local law enforcement and Federal agencies in the enforcement of immigration laws. Local law enforcement agents should not be the primary enforcement arm of immigration laws as this would divert local resources from their core duties. Shifting the primary enforcement of immigration rules to local law enforcement agencies would also result in a patchwork of rules, procedures and efforts for an issue that truly extends beyond municipal boundaries. POSITION • The City of North Richland Hills supports immigration reform that addresses border security and interior enforcement in cooperation with federal agencies. • The City opposes any proposal that makes local law enforcement the primary enforcement agency of federal immigration laws. 8 CONTACTS City of North Richland Hills 4301 City Point Dr. North Richland Hills, Texas 76180 (817) 427-6000 Fax: (817) 427-6016 httl2://www.nrhtx.com City Manager's Office Mark E. Hindman Karen Bostic City Manager Assistant City Manager (817) 427-6003 (817) 427-6003 Email: mhindmananrhtx.com Email: kbostic(a)nrhtx.com Paulette Hartman Jimmy Perdue Assistant City Manager Director of Public Safety (817) 427-6003 (817) 427-7000 Email: pahartman @nrhtx.com Email: jperdue(a'bnrhtx.com Mike Curtis Kristin James Managing Director Assistant to the City Manager (817) 427-6400 817-427-6003 Email: mcurtix(a)nrhtx.com Email: kiames(@,nrhtx.com Mayor and City Council (817) 427-6061 Oscar Trevino, Mayor Tim Welch, Mayor Pro Tern— Place 7 Tito Rodriquez— Place 1 Rita Wright Oujesky, Place 2 Tom Lombard — Place 3 Tim Barth — Place 4 Mike Benton — Place 5 Scott Turnage — Place 6 9 Quarterly Financial Report Period Ending December 31, 2016 TABLE OF CONTENTS EXECUTIVE SUMMARY......................................................................................3 SUMMARY OF REVENUES & EXPENDITURES ................................................5 GENERAL FUND .................................................................................................7 PARKFUND.......................................................................................................14 CRIME CONTROL DISTRICT FUND .................................................................17 PROMOTIONAL FUND ......................................................................................19 DONATIONSFUND ...........................................................................................21 UTILITYFUND ...................................................................................................23 AQUATIC PARK FUND .....................................................................................27 GOLF COURSE FUND.......................................................................................29 FACILITIES & CONSTRUCTION MANAGEMENT FUND.................................31 FLEET SERVICES FUND...................................................................................33 INFORMATION SERVICES FUND.....................................................................35 SELF INSURANCE FUND..................................................................................37 EXECUTIVE SUMMARY The following document is the Quarterly Financial Report for the period ending December 31, 2016. Overall, revenues and expenditures are performing within expectations. The following highlights information contained within this report: General Fund • Current property tax collections trended behind the FY16 collection rate. At this point, there is no indication that overall collections will decline below projected revenue for the fiscal year. The current collection rate is regarded as a temporary trend with the expectation that it will align with the original projection in the coming months. • Sales tax collections trended 4.9% higher through the first quarter of FY17 compared to collections for the same time period in FY16. The current collection trend is nearly 3% higher than projected in the FY 2016/17 budget. • Total Fines and Forfeitures are running approximately 28% higher than the same period last year. The increase is the combined result of a 19% increase in citations and a higher collection rate through Municipal Court. • Through December, the City experienced a decrease in Licenses & Permits, resulting from less construction activity compared to the same period in the previous year. This was anticipated and revenue is tracking slightly ahead of initial projections. Currently revenues total approximately 23% of anticipated collections for FY17, whereas, through December 2015 revenues composed only 21% of the total revenue received for the fiscal year. At this time, Licenses & Permit revenues are on pace to meet budget projections. • Charges for services trended 21% higher than in FY16. The largest positive impact was Ambulance Fees, which trended 29% higher. • Expenditures tracked within expectations. Parks Facilities and Development Fund • Sales tax collections trended 4.9% higher through the first quarter of FY17 compared to collections for the same time period in FY16. This current collection trend is nearly 3% higher than budgeted in the FY 2016/17 budget. • Expenditures tracked within expectations. EXECUTIVE SUMMARY Crime Control District Fund • Sales tax collections trended 4.6% higher through the first quarter of FY17 compared to collections for the same time period in FY16. This current collection trend is nearly 3% higher than budgeted in the FY 2016/17 budget. • Expenditures tracked within expectations. Utility Fund • Two factors, the repayment of an interfund loan in FY16 and the timing of an appropriation of fund balance in FY17 for Utility Capital Projects, impacted the total revenue for the Utility Fund. Excluding these two factors, the FY17 revenue was $7,712,448 or 23%, compared to FY16 at $8,068,366 or 22%. • Total expenses trended higher in FY17 as a result of the timing of the Capital Project transfer. Excluding this transfer, total expenses were $6,671,445 or 19% of budget compared to $6,821,147 or 18% of budget in FY16. The following report includes both financial schedules and explanatory narrative for the City's major operating funds. Staff hopes the Council finds this report helpful and informative and will be happy to address any questions or concerns you may have. Respectfully Submitted, ✓ • � Mark C. Mills Finance Director CITY OF NORTH RICHLAND HILLS INTERIM SCHEDULE OF REVENUES&EXPENDITURES FOR THE TWELVTH MONTH ENDED OCTOBER 31,2016 FISCAL YEAR 2016/17'. ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % FUND BUDGET BUDGET AS OF 1211 fi BUDGET TOTAL AS OF 12/15 ACTUAL GENERAL FUND Revenues $ 45,304,685 $ 45,489,315 $ 14,437,538 31.74% $ 48,669,226 $ 21,338,319 43.84% Expenditures 45,304,685 45,489,315 11,071,049 24.34% 47,072,893 10,511,360 22.33% BALANCE $ $ $ 3,366,489 100.00% $ 1,596,333 $ 10,826,960 678.24% PARK FACILITIES DEVLP.FUND Revenues $ 8,825,391 $ 8,866,698 $ 2,167,509 24.45% $ 8,653,798 $ 2,057,903 23.78% Expenditures 8,825,391 8,866,698 2,340,626 26.40% 8,427,400 1,596,026 18.94% BALANCE $ - $ - $ )173,117) -100.00% $ 226,398 $ 461,877 204.01% CRIME CONTROL DISTRICT FUND Revenues $ 6,363,357 $ 6,433,572 $ 2,555,919 39.73% $ 5,128,704 $ 1,330,371 25.94% Expenditures 6,363,357 6,433,572 2,344,539 36.44% 5,095,059 1,376,484 27.02% BALANCE $ - $ - $ 211,380 100.00% $ 33,645 $ (46,113) -137,06% PROMOTIONAL FUND Revenues $ 258,089 $ 258,089 $ 803 0.31% $ 284,900 $ 6,749 2.37% Expenditures 258,089 258,089 56,703 21.97% 209,876 51,744 24.65% BALANCE $ $ $ (55,900) -100,00% $ 75,024 $ (44,995) 0.00% DONATIONS FUND Revenues $ 316,537 $ 316,537 $ 173,371 54.77% $ 330,251 $ 154,975 46.93% Expenditures 275,033 275,033 47,640 17.32% 218,038 41,276 18.93% BALANCE $ 41,504 $ 41,504 $ 125,731 302.94% $ 112,214 $ 113,699 101.32% UTILITY FUND Revenues $ 34,259,275 $ 34,273,623 $ 9,312,448 27.17% $ 37,192,299 $ 11,294,605 30.37% Expenses 34,259,275 34,273,623 8,271,445 24.13% 37,192,299 6,821,147 18.34% BALANCE $ $ $ 1,041,003 100.00% $ $ 4,473,458 100,00% AQUATIC PARK Revenues $ 5,449,375 $ 5,449,375 $ 658,809 12.09% $ 4,715,691 $ 331,807 7.04% Expenses 5,449,375 5,449,375 444,132 8.15% 4,715,691 391,718 8.31% BALANCE $ $ $ 214,677 100.00% $ $ (59,911) -100.00% GOLF COURSE FUND Revenues $ 2,486,459 $ 2,486,459 $ 432,937 17.41% $ 2,628,883 $ 362,658 13.80% Expenses 2,486,459 2,486,459 372,298 14.97% 2,628,883 358,362 13.63% BALANCE $ - $ - $ 60,639 100.00% $ - $ 4,296 100.009/1 FACILITIES/CONST MGMT FUND Revenues $ 3,123,951 $ 3,155,452 $ 805,263 25.52% $ 3,113,610 $ 758,254 24.35% Expenses 3,123,951 3,155,452 673,980 21.36% 3,113,610 665,683 21.38% BALANCE $ $ $ 131,283 100.00% $ $ 92,571 100,00% CITY OF NORTH RICHLAND HILLS INTERIM SCHEDULE OF REVENUES&EXPENDITURES FOR THE TWELVTH MONTH ENDED OCTOBER 31,2016 FISCAL YEAR 2016/17'. ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % FUND BUDGET BUDGET AS OF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL FLEET SERVICES FUND Revenues $ 4,541,264 $ 4,577,029 $ 1,059,965 23.16% $ 3,886,887 $ 972,693 25.02% Expenses 4,541,264 4,577,029 864,288 18.88% 3,552,883 663,102 18.66% BALANCE $ - $ - $ 195,677 100.00% $ 334,004 $ 309,591 92.69% INFORMATION SERVICES FUND Revenues $ 3,291,350 $ 3,306,350 $ 819,915 24.80% $ 3,219,852 $ 765,397 23.77% Expenses 3,291,350 3,306,350 670,772 26.34% 2,883,096 843,705 29.26% BALANCE $ - $ - $ (50,857) -100.00% $ 336,756 $ (78,308) -23.25% SELF-INSURANCE FUND Revenues $ 12,898,383 $ 12,898,383 $ 3,107,167 24.09% $ 13,755,978 $ 2,962,781 21.54% Expenses 12,898,383 12,898,383 2,192,035 16.99% 13,755,978 2,735,717 19.89% BALANCE $ $ $ 915,132 100.00% $ $ 227,064 100.00% GENERALFUND SUMMARY The General Fund Quarterly Financial Report for the period ending December 31, 2016 is provided within. Please note that some estimates are used and staff believes these reflect a conservative picture of the City's financial status. The revised budget includes adjustments and prior year encumbrances, which are items approved by Council in the prior year but paid for and completed in the current fiscal year. Prior year actuals have been included for comparison. In total, the General Fund performed within expectations and expenditures are in line with prior year performance through December. REVENUES Total General Fund revenue, excluding appropriations of fund balance, trended lower than the year-to-date collections experienced in FY16. Excluding the appropriations of fund balance, $14,122,908 was collected, compared to $16,979,635 in FY16. This was a decrease of $2,856,727 or roughly -17%. Specific variances impacting the decrease are outlined below; however, the majority of this decrease is directly related to the pace of property tax collections. Property Tax The city receives most property tax revenue between October and February, with December through February typically being the highest collection months. Current General Fund Property tax collections through December were $8,246,001 or 54% of budget. Collections in FY16 were $10,965,825, or 74%. Although the year-to-date revenue trailed the FY16 trend, it will continue to fluctuate as additional revenue is collected in the next few months. Signs indicate that the funds remitted in January will close the gap between actual and projected collections and that collections will be within budget. Staff will continue to provide updates in future reports. Sales Tax Sales tax revenue was estimated at $2,575,178 through December compared to $2,455,655 in FY16. Year-to-year, the city experienced a positive growth trend in sales tax revenues, which has outpaced the original year-to-date projection by roughly 3%. Franchise Taxes Approximately 70% of franchise fees are related to electricity and natural gas. The electric franchise is typically received in two payments. The larger of these is received in March, with a much smaller payment received in April. The natural gas franchise fee is received in July. Other franchise fees are paid periodically throughout the year. To date, NRH received $144,956; roughly $50,000 less than during the same period in FY16. This was due to the timing telephone franchise fees. Last year, the city received the telephone franchise fee during the first quarter of the fiscal year, which was out of the ordinary. Typically, the City begins to receive these during the second quarter. GENERALFUND Other Taxes Mixed beverage tax revenue is received quarterly, in the month following the quarter end. At the time of this report, the first quarterly payment had not yet been received. The Payment in Lieu of Tax (PILOT) is an annual appropriation from the Utility Fund for property taxes charged on infrastructure (i.e. pipelines and other utility assets) owned by the City. This payment is made to the General Fund through twelve equal allocations taking place once each month. The allocations thru December totaled $97,746 or 25% of budget. Fines & Forfeitures Fines & Forfeitures were $553,192; an increase of $120,172 or 28% higher than the prior year. Municipal Court Fines, which are driven primarily by the number of citations written by the Police Department and processed by Municipal Court, performed ahead of FY16 collections and the expected trend. There have been 769 more citations written compared to the same period in FY16; an increase of 19%. Licenses & Permits Revenue from licenses and permits totaled $499,794 or 23% of the budget. This represented a decrease of$103,166 compared to the prior year. The City experienced a decrease in construction related revenue during the first quarter in comparison to FY16, which was a particularly active year. As anticipated, Building Permit revenue declined during the first quarter of FY17. Building permit revenue totaled $193,663 or 19% of projected collections; a decrease of $59,574 from FY16. Curb & drainage inspection fees, which are assessed on new developments, saw $372 in fees compared to $31,693 in prior year. The primary reason these revenues were lower is due to the decrease in new construction activity. The first quarter of FY16 saw three subdivisions and one middle school under construction, which generated an influx of various permitting fees including curb & drainage fees. Food Service Permits totaled $117,108 or 76% of budget. Revenues in this category are typically high during the first part of the fiscal year as a result of the timing of when permits are renewed. At the onset of the fiscal year, the city submits notices to establishments as a reminder that permit renewals are approaching. As a result, the majority of food service permits are collected during the first part of the year as establishments remit payments. Charges for Service Charges for Service totaled $524,198, an increase of $91,914 over prior year. The majority of this increase was attributed to ambulance fees. Entering the third year of the contract with the City's ambulance billing company, revenue collected is now more in line with expectations. Through December, the City received $382,189; an increase of$85,690, or roughly 29%. GENERALFUND Intergovernmental Intergovernmental revenues are the indirect costs paid to the General Fund by the City's other funds. These are done in twelve monthly increments. Parks and CCD vary from the pattern as their allocations include funds related to quarterly Economic Development incentives, based on sales tax receipts. These incentive related transfers will be made in future months, once the related sales tax revenue is documented and received. Total intergovernmental revenues totaled $1,144,844 or 21.15% of budget. Consolidation Reimbursements within the Intergovernmental category through December were slightly behind expectations. The City has received $415,327; roughly 17% of projected collections. In FY16, collections were roughly 21%. At the time of this report, not all first quarter payments from the other entities participating in the communications and detention consolidation had been received. Miscellaneous Miscellaneous revenue totaled $35,770 or 2% of budget and was $283,592 lower than collections in the prior year. This decrease was driven by the Radio Reimbursement. These funds are remitted to the City by participants in a radio consortium, for which NRH is the coordinating entity, and are based on the number of radios each entity possesses that are not currently covered under warranty. The City is currently working out contract details with the radio vendor which has delayed billing activities. Once the contract is confirmed, billing invoices will be submitted to the participating entities. The City anticipates receiving these payments in the coming weeks. Similar to FY16, the $1,599,289 in Designated Fund — City Hall Debt will be recognized and utilized when needed. Appropriations of Fund Balance Appropriations of fund balance totaled $314,630, which included $130,000 for the replacement of the hand-held citation writers and $184,630 of prior year encumbrances. GENERALFUND EXPENDITURES General Fund expenditures totaled $11,071,049 or 24% of budget, which was in line with expectations. Compared to $10,511,360 in FY16, this represented an increase of $559,686. Highlighted below are areas which trended outside of expectations. General Government City Secretary's Office totaled $89,323 in expenditures. Expenditures in this department are lower than in prior year due to the vacancy of a full-time position during the first quarter of FYI 7. The Legal department expenditures totaled $77,918 or 25% of budget. In prior years, the City contracted out all legal services. Starting in FYI 7, the City hired a full-time City Attorney to perform these services in-house. Expenditures in Budget & Research were $117,046 or 29% of budget. This represents a $37,371 increase over prior year. The is due to the timing of when the City's quarterly payment to the Tarrant Appraisal District (TAD) occurred. To date, the City has made two of its quarterly payments to TAD, where as last year only one payment had been made during this time. Parks & Recreation Expenditures in Parks & Recreation totaled $571,075 or 27% of budget; a difference of $73,954 over prior year. This year, the annual mowing contract was paid during the first quarter. This payment did not occur until later in the year during FY16. There have also been greater expenditures to date related to tree service, maintenance of parks and grounds, and small equipment purchases. Emergency Management Expenditures were notably higher than in prior year; totaling $679,555 compared to $491,255 in FYI 6. The increase was due to the City paying its annual radio access fee to the city of Fort Worth during the first quarter. Last year, the FY16 payment was made during the second quarter. CITY OF NORTH RICHLAND HILLS GENERALFUND REVENUES FISCAL YEAR 2016/17; ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL BUDGET BUDGET AS OF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL TAXES Current Property Tax $ 15,254,440 $ 15,254,440 $ 8,246,001 54.06% $ 14,813,054 $ 10,965,825 74.03% Delinquent Property Taxes 110,000 110,000 51,368 46.70% 59,740 25,317 42.38% Penalty and Interest 135,200 135,200 25,642 18.97% 123,473 15,570 12.61% Franchise Taxes 4,264,770 4,264,770 144,956 3.40% 4,360,700 194,101 4.45% Utility Fund Franchise Taxes 945,688 945,688 224,219 23.71% 823,128 232,185 28.21% Sa les Taxes 9,808,431 9,808,431 2,575,178 26.25% 9,675,943 2,455,655 25.38% Mixed Beverages 143,500 143,500 - 0.00% 139,062 - 0.00% Payment In Lieu of Taxes 390,983 390,983 97,746 25.00% 387,493 96,873 25.00% TOTAL TAXES $ 31,053,012 $ 31,053,012 $ 11,365,110 36.60% $ 30,382,593 $ 13,985,526 46.03% FINES AND FORFEITURES Municipal Court Fines $ 1,842,975 $ 1,842,975 $ 500,414 27.15% $ 1,661,308 $ 381,646 22.97% Warrant&Arrest Fees 174,500 174,500 39,303 22.52% 168,976 38,183 22.60% Library Fines 60,000 60,000 13,475 22.46% 62,227 13,191 21.20% TOTAL FINES&FORFEITURES $ 2,077,475 $ 2,077,475 $ 553,192 26.63% $ 1,892,511 $ 433,020 22.88% LICENSES AND PERMITS Building Permits $ 1,000,000 $ 1,000,000 $ 193,663 19.37% $ 1,601,749 $ 253,237 15.81% Electrical Permits 70,560 70,560 8,861 12.56% 84,552 15,634 18.49% Plumbing Permits 126,950 126,950 29,449 23.20% 150,256 29,448 19.60% Mechanical Permits 72,480 72,480 18,490 25.51% 93,281 14,295 15.32% Gas Drilling Permits 10,000 10,000 - 0.00% - - 0.00% Miscellaneous Permits 179,410 179,410 39,289 21.90% 180,530 37,733 20.90% Apartment Insepction Fees 100,000 100,000 24,870 24.87% 100,646 25,990 25.82% Curb&Drainage Insp.Fee 70,058 70,058 372 0.53% 56,117 31,693 56.48% Re-Insepction Fees 15,600 15,600 6,570 42.12% 19,996 3,735 18.68% License Fees 21,600 21,600 9,210 42.64% 19,425 7,110 36.60% Contractor Registration Fees 93,050 93,050 20,520 22.05% 97,795 22,802 23.32% Plan Review/Application Fee 43,780 43,780 247 0.56% 37,334 21,073 56.44% Animal License/Adoption Fees 58,200 58,200 17,536 30.13% 62,979 14,261 22.64% Animal Control Impoundment 23,000 23,000 5,248 22.82% 23,972 4,875 20.34% Auto Impoundment Fees 13,000 13,000 2,546 19.58% 12,402 1,322 10.66% Food Service Permits 153,346 153,346 117,108 76.37% 157,936 112,457 71.20% Food Manager's School 3,000 3,000 2,089 69.63% 5,278 1,586 30.05% Fire Inspection Fees 80,000 80,000 3,726 4.66% 92,464 5,709 6.17% TOTAL LICENSES&PERMITS $ 2,134,034 $ 2,134,034 $ 499,794 23.42% $ 2,796,712 $ 602,960 21.56% CHARGES FOR SERVICE Park Facility Rental $ 8,325 $ 8,325 $ 1,502 18.04% $ 7,378 $ 1,347 18.26% Ambulance Fees 1,596,000 1,596,000 382,189 23.95% 1,737,332 296,499 17.07% Garbage Billing 412,427 412,427 88,740 21.52% 429,813 84,898 19.75% Contributions 10,000 10,000 - 0.00% 10,000 - 0.00% Recreation Fees 400 400 70 17.50% 560 175 31.25% Athletic Revenue 121,805 121,805 9,820 8.06% 119,694 613 0.51% Recreation Special Events 12,235 12,235 - 0.00% 10,197 12,235 119.99% Planning&Zoning Fees 35,000 35,000 16,022 45.78% 41,496 12,318 29.68% Sale of Accident Reports 6,000 6,000 1,529 25.48% 7,129 981 13.76% Mosving 35,000 35,000 23,066 65.90% 53,348 22,363 41.92% Fire Dept Cert/CPR Citizen Class 6,000 6,000 1,260 21.00% 4,959 660 13.31% Miscellaneous - - - 0.00% 77 19S 254.90% TOTAL CHARGES FOR SERVICE $ 2,243,192 $ 2,243,192 $ 524,198 23.37% $ 2,421,982 $ 432,284 17.85% CITY OF NORTH RICHLAND HILLS GENERAL FUND REVENUES FISCAL YEAR 2014/15 ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL BUDGET BUDGET AS OF 07/14 BUDGET TOTAL AS OF 07/13 ACTUAL INTERGOVERNMENTAL Indirect Costs Utility Fund 2,304,573 2,304,573 576,143 25.00% 2,194,831 548,708 25.00% Park&Rec Facilities Dev.Corp. 474,033 474,033 111,716 23.57% 448,405 106,396 23.73% Crime Control District 27,169 27,169 - 0.00% 22,821 - 0.00% Aquatic Park Fund 166,631 166,631 41,658 25.00% 158,696 39,674 25.00% Consolidation Reimbursements 2,440,769 2,440,769 415,327 17.02% 2,390,977 511,705 21.40% TOTAL INTERGOVERNMENTAL $ 5,413,175 $ 5,413,175 $ 1,144,844 21.15% $ 5,215,730 $ 1,206,483 23.13% MISCELLANEOUS Interest Income $ 95,193 $ 95,193 $ 15,865 16.67% $ 111,336 $ 20,023 17.98% Radio Reimbursement 273,609 273,609 - 0.00% 234,422 286,055 122.03% Sale of City Property 3,000 3,000 5,683 189.43% 10,981 1,427 13.00% Grant Proceeds-CDBG 20,000 20,000 - 0.00% - - 0.00% Overtime Reimbursement - - - 0.00% 5,057 - 0.00% Teen Court Reimbursement 21,272 21,272 - 0.00% 20,300 - 0,00% Other Income 93,670 93,670 14,222 15.18% 114,196 11,857 10.38% Golf Course Loan Repayment 147,764 147,764 - 0.01 147,760 - 0.00% Designated Funds-City Hall Debt 1,599,289 1,599,289 0.00% 956,961 0,00% TOTAL MISCELLANEOUS $ 2,253,797 $ 2,253,797 $ 35,770 1.59% $ 1,601,013 $ 319,362 19.95% TOTAL REVENUES $ 45,174,685 $ 45,174,685 $ 14,122,908 31.26% $ 44,310,542 $ 16,979,635 38.32% APPROPRIATION-FUND BALANCE Court Technology Funds $ 130,000 $ 130,000 $ 130,000 100.00% $ 59,851 $ 59,851 100.00% Utility Assistance - - - 0.00% - - 0.00% PEG Fees - - - 0.00% - - 0.00% Record Preservation Fees - - - 0.00% - - 0.00% Previous Year Encumbrances - 184,630 184,630 100.00% 428,833 428,833 100.00% General Fund Designated Reserves - - - 0.00% - - 0.00% General Fund Undesignated Reserves 0.00% 3,870,000 3,870,000 100.00% TOTAL APP.OF FUND BALANCE $ 130,000 $ 314,630 $ 314,630 100.00% $ 4,358,684 $ 4,358,684 100,00% TOTAL RESOURCES $ 45,304,685 $ 45,489,315 $ 14,437,538 31.74% $ 48,669,226 $ 21,338,319 43.84% CITY OF NORTH RICHIAND HILLS GENERAL FUND EXPENDITURES FISCAL YEAR 2014/15 ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET AS OF 07/14 BUDGET TOTAL AS OF 07/13 ACTUAL City Cou ncil $ 130,378 $ 130,378 $ 35,031 26.87% $ 119,156 $ 36,274 30.44% City Manager 641,381 641,381 155,829 24.30% 637,413 151,429 23.76% Communications 360,125 360,125 84,841 23.56% 344,975 82,315 23.86% City Secretary 427,800 450,888 89,323 19.81% 399,560 106,739 26.71% Legal 314,000 314,000 77,918 24.81% 337,071 60,629 17.99% Human Resources 139,776 139,776 27,705 19.82% 131,387 27,716 21,09% Finance 690,732 690,732 166,214 24.05% 682,894 162,103 23.74% Budget&Research 400,576 400,576 117,046 29.22% 366,334 79,675 21.75% Municipal Court 1,448,105 1,448,105 331,845 22.92% 1,382,681 322,453 23.32% Planning&Development 1,142,820 1,142,820 258,981 22.66% 1,054,076 262,857 24.94% Economic Development 330,433 330,433 81,241 24.59% 325,017 77,777 23.93% Library 2,146,480 2,154,945 500,869 23.24% 1,960,936 479,812 24.47% Neighborhood Services 1,806,011 1,806,011 416,528 23.06% 1,701,582 397,821 23.38% Pu blic Works 3,271,770 3,283,830 741,674 22.59% 3,061,676 657,842 21.49% Pa rks and Recreation 2,115,117 2,115,117 571,075 27.00% 2,033,663 497,121 24.44% Ponce 13,582,482 13,610,658 3,201,884 23.52% 13,208,535 3,380,311 25.59% Emergency Management 1,005,152 1,060,299 679,555 64.09% 831,150 491,255 59.11% Fire 11,720,494 11,778,188 2,805,776 23.82% 11,049,546 2,711,961 24.54% Facilities/Construction Management 836,737 836,737 209,184 25.00% 848,774 212,193 25.00% Non-Departmental 1,098,506 1,098,506 274,105 20.95% 1,112,210 227,358 20.44% Reserve for Capital Improvements 230,000 230,000 230,000 100.00% 50,000 - 0.00% Transfer to Information Technology 77,975 77,975 - 0.00% 75,703 - 0.00% Legal Settlement - - - 0.00% 150,000 - 0.00% Reserve for Equipment Sys Fund - - - 0.00% - - 0.00% Reserve for PEG Fee 176,950 176,950 14,425 8.15% 180,109 30,769 17.08% Transfer to Capital - - - 0.00% 3,924,950 54,950 1.40% Transfer to Special Investigations - - - 0.00% - - 0.00% Reserve for Transportation Projects - - - 0.00% - - 0.00% Reserve for NS Revitalization Program - - - 0.00% - - 0.00% Economic Development Incentives 210,885 210,885 - 0.00% 103,495 - 0.00% Contribution to General Fund Reserves 1,000,000 1,000,000 0.00% 1,000,000 0.00% SUB-TOTAL DEPARTMENT $ 45,304,685 $ 45,489,315 $ 11,071,049 24.34% $ 47,072,893 $ 10,511,360 22.33% TOTAL EXPENDITURES $ 45,304,685 $ 45,489,315 $ 11,071,049 24.34% $ 47,072,893 $ 10,511,360 22.33% BALANCE $ $ $ 3,366,489 100.00% $ 1,596,333 $ 10,826,960 678.24% PARK FUND SUMMARY The Park Fund Quarterly Financial Report for the period ending December 31, 2016 is provided within. Please note that some estimates are used and staff believes these reflect a conservative picture of the City's financial status. The revised budget includes adjustments and prior year encumbrances, which are items approved by Council in the prior year but paid for and completed in the current fiscal year. Prior year actuals have been included for comparison. Overall, the Parks & Recreation Development Fund performed within expectations and is in line with prior year performance through December. REVENUES Sales tax revenue was at$1,287,590 compared to $1,227,827 in FYI 6. Collections are showing positive growth and outpaced the original year-to-date projection by roughly 3%. Tennis Center revenue increased compared to FYI 6, as a result of increase group lessons, private lessons, and merchandise sales. Grants and Other income were $112,971 lower than the prior year. In FYI 6, the City received funding from outside entities for the funding of the Barfield Trailhead. An additional amount was also received from John Barfield for the purchase of a golf cart for the Parks & Recreation Department to be used to highlight the City's trail system and facilitate senior citizens touring the John Barfield Trail. Those activities represented one-time funding for the trail. The $50,000 projected in Grants for FYI is a donation by the Barfield Family Foundation, which has not yet been received. NRH Centre revenues totaled $595,832 or 19% of budget, and are performing within expectations. Membership and drop-in pass revenue of $264,364 trended slightly behind the $269,256 received for FY16. The decline was the result of a change in the membership holiday promotion for December. The promotion ran a shorter time frame and at a lower percentage rate than what was held in prior year. EXPENDITURES Operating expenditures not associated with the NRH Centre totaled $723,722 or 21% of budget. These expenditures were in line with the expected trend for this fiscal year. Expenditures for the NRH Centre trended in line with expectations totaling $581,698 or roughly 20% of budget compared to $583,761 or 21% through the same period in FY16. Non-Departmental expenditures through the first quarter of FY17 totaled $61,068. Of this amount, $41,307 was for the purchase of a replacement tree for Night of Holiday Magic. The previous tree was 16 years old and had reached the end of its useful life. CITY OF NORTH RICHIAND HILLS PARK&RECREATION FACILITIES DEVELOPMENT FUND REVENUES FISCAL YEAR 2016/17; ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET AS OF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL REVENUES Sales Tax $ 4,904,216 $ 4,904,216 $ 1,287,590 26.25% $ 4,837,974 $ 1,227,827 25.38% Interest Income 19,378 19,378 6,100 31.48% 26,800 4,813 17.96% Youth Assoc.Maintenance Fees 55,910 55,910 10,905 19.50% 38,245 2,963 7.75% Tennis Center Revenue 372,350 372,350 73,416 19.72% 368,665 68,861 18.68% Transfer In-Aquatic Park Fund 83,685 83,685 - 0.00% 81,248 - 0.00% Park Impact Fee 70,000 70,000 12,600 18.00% 104,351 26,367 25.27% Insurance - - - 0.00% - - 0.00% Grants 50,000 50,000 - 0.00% 95,686 95,686 100.00% Other Income 1,000 1,000 9,759 975.90% 50,734 27,044 53.31% SUB-TOTAL $ 5,556,539 $ 5,556,539 $ 1,400,370 25.20% $ 5,603,703 $ 1,453,561 25.94% NRH CENTRE Memberships/Drop-In Passes $ 1,491,000 $ 1,491,000 $ 264,364 17.73% $ 1,385,697 $ 269,256 19.43% Fitness 398,260 398,260 64,026 16.08% 450,633 66,870 14.84% Recreation/Sports 272,340 272,340 28,343 10.41% 237,922 28,593 12.02% Grand Hall Rental 203,750 203,750 68,430 33.59% 184,073 62,518 33.96% Catering&Event Fees 13,420 13,420 4,873 36.31% 11,062 2,533 22.90% Aquatic Programs 212,580 212,580 37,225 17.51% 224,422 36,056 16.07% Pool Rental 5,000 5,000 130 2.60% 3,200 817 25.53% Gym Rental 3,100 3,100 610 19.68% 3,108 595 19.14% Concessions/Merchandise 27,000 27,000 4,636 17.17% 24,602 4,692 19.07% Special Events 10,000 10,000 - 0.00% 8,802 - 0.00% Other 15,300 15,300 1,420 9.28% 20,705 1,870 9.03% General Fund Contribution 487,102 487,102 121,775 25.00% 487,102 121,775 25.00% SUB-TOTAL $ 3,138,852 $ 3,138,852 $ 595,832 18.98% $ 3,041,328 $ 595,575 19.58% APPROPRIATION-FUND BALANCE PY Encumbrances $ - $ 41,307 $ 41,307 100.00% $ 8,767 $ 8,767 100.00% App.of Park Impact Fee Reserves 130,000 130,000 130,000 100.00% 0.00% TOTAL APP.OF FUND BALANCE $ 130,000 $ 171,307 $ 171,307 100.00% $ 8,767 $ 8,767 100.00% TOTAL REVEVENUES $ 8,825,391 $ 8,866,698 $ 2,167,509 24.45% $ 8,653,798 $ 2,057,903 23.78% CITY OF NORTH RICHtAND HILLS PARK&RECREATION FACILITIES DEVELOPMENT FUND EXPENDITURES FISCAL YEAR 2014/15 ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET AS OF 07/14 BUDGET TOTAL AS OF 07/13 ACTUAL EXPENDITURES OPERATING EXPENDITURES Parks Facilities Dev.Admin. $ 756,856 $ 756,856 $ 184,897 24.43% $ 731,368 $ 181,976 24.88% Maintenance&Operations 2,078,873 2,078,873 418,600 20.14% 1,894,304 378,188 19.96% Tennis Center Operations 632,254 632,254 120,225 19.02% 562,987 129,159 22.94% SUB-TOTAL $ 3,467,983 $ 3,467,983 $ 723,722 20.87% $ 3,188,659 $ 689,323 21.62% NRH CENTRE Center Management $ 731,388 $ 731,388 $ 140,238 19.17% $ 636,008 $ 151,003 23.74% Fitness 394,551 394,551 79,994 20.27% 481,875 77,140 16.01% Building Operations 211,904 211,904 50,924 24.03% 197,336 54,913 27.83% Aquatic 577,321 577,321 105,303 18.24% 539,337 106,031 19.66% Recreation Sports 355,033 355,033 47,496 13.38% 293,449 49,410 16.84% Event Center 352,168 352,168 69,766 19.81% 249,876 55,076 22.04% Building Services 351,900 351,900 87,975 25.00% 360,750 90,188 25.00% SUB-TOTAL $ 2,974,265 $ 2,974,265 $ 581,696 19.56% $ 2,758,631 $ 583,761 21.16% OTHER&RESERVES Debt Service-CO'S $ 320,393 $ 320,393 $ 80,098 25.00% $ 329,055 $ 82,264 25.00% Indirect Costs 474,033 474,033 111,716 23.57% 448,405 106,396 23.73% Non-Departmental 58,437 99,744 61,068 61.22% 83,209 6,297 7.57% Transfer to Capital Projects 736,000 736,000 736,000 100.00% 1,190,795 85,475 7.18% Reserve for Capital 507,088 507,088 - 0.00% - - 0.00% Impact Fee Reserve - - - 0.00% 25,000 - 0.00% Reserve for Economic Development 122,605 122,605 32,190 26.26% 120,949 30,696 25.38% Reserve for NRH Centre 164,587 164,587 14,134 8.59% 282,697 11,814 4.18% SUB-TOTAL $ 2,383,143 $ 2,424,450 $ 1,035,206 42.70% $ 2,480,110 $ 322,942 13.02% TOTAL EXPENDITURES $ 8,825,391 $ 8,866,698 $ 2,340,626 26.40% $ 8,427,400 $ 1,596,026 18.94% BALANCE $ $ $ (173,117) -100.00% $ 226,398 $ 461,877 204.01% CRIME CONTROL DISTRICT FUND SUMMARY The Crime Control District (CCD) Quarterly Financial Report for the period ending December 31, 2016 is provided within. Please note that some estimates are used and staff believes these reflect a conservative picture of the City's financial status. The revised budget includes adjustments and prior year encumbrances, which are items approved by Council in the prior year but paid for and completed in the current fiscal year. Prior year actuals have been included for comparison. Overall, the Crime Control District Fund performed within expectations and is in line with prior year performance through December. REVENUES Sales tax revenue was $1,281,207 compared to $1,224,323 in FY16. Collections exceeded budget projections by roughly 3%. Each year, BISD reimburses NRH for a portion of the School Resource Officers (SROs). This reimbursement is typically received in two installments; one in December and one in May. During the period for this report, the December reimbursement had been received. The majority of the appropriation of fund balance serves as a funding source for the Body Worn Camera (BWC) project being undertaken this year. EXPENDITURES Total expenditures were $2,344,539, or 36% of budget, compared to $1,376,484 through the same period in FY16. The Administration division expenditures were $2,289 compared to $107,487 in FY16. Last year, there were one-time purchases of public safety audio/visual equipment needed in the new city hall facility. The other significant difference within the fund this year is a $1,076,000 Transfer to Capital Projects. This serves as the primary funding source for the Body Worn Camera (BWC) project that is being undertaken this fiscal Year. CITY OF NORTH RICHLAND HILLS CRIME CONTROL DISTRICT REVENUES AND EXPENDITURES FISCAL YEAR 2016/17.: ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL BUDGET BUDGET AS0F 12/16 BUDGET TOTAL AS OF 121 15 ACTUAL REVENUES SalesTax $ 4,872,587 $ 4,872,587 $ 1,281,207 26.29% $ 4,810,105 $ 1,224,323 25.45% Franchise Fees 87,248 87,248 - 0.00% 76,443 - 0.00% Interest Income 2,472 2,472 958 38.75% 4,347 438 10.08% SRO Reimbursement(BISD) 203,890 203,890 - 0.00% 198,650 99,325 50.00% Other - - 6,379 100.00% 39,159 6,285 16.05% Prior Year Encumbrances - - - 0.00% - - 0.00% Appropriation of Fund Balance 1,197,160 1,267,375 1,267,375 100.00% - - 0.00% TOTAL REVENUES $ 6,363,357 $ 6,433,572 $ 2,555,919 39.73% $ 5,128,704 $ 1,330,371 25.94% EXPENDITURES Administration $ 9,500 $ 9,500 $ 2,289 24.09% $ 115,215 $ 107,487 93.29% Administrative Services 918,572 918,572 226,966 24.71% 850,947 247,942 29.14% Investigations 483,781 485,054 106,929 22.04% 419,161 112,318 26.80% Uniform Patrol 2,935,565 2,935,565 710,998 20.22% 2,840,031 697,150 24.55% Technical Services 548,783 548,783 132,304 24.11% 506,928 127,971 25.24% Property/Evidence 202,338 271,280 43,507 16.04% 188,674 44,619 23.65% TOTAL OPERATING EXPENSES $ 5,098,539 $ 5,168,754 $ 1,222,993 23.66% $ 4,920,956 $ 1,337,487 27.18% OTHER EXPENDITURES&RESERVES Pa rtner Agency Funding $ 73,100 $ 73,100 $ 25,566 34.97% $ 73,570 $ 19,568 26.60% Other 88,549 88,549 19,980 22.56% 77,712 19,429 25.00% Transfer to Capital Projects 1,076,000 1,076,000 1,076,000 100.00% - - 0.00% Indirect Costs 27,169 27,169 - 0.00% 22,821 - 0.00% TOTAL OTHER EXP.&RESERVES $ 1,264,818 $ 1,264,818 $ 1,121,546 88.67% $ 174,103 $ 38,997 22.40% TOTAL EXPENDITURES $ 6,363,357 $ 6,433,572 $ 2,344,539 36.44% $ 5,095,059 $ 1,376,484 27.02% BALANCE $ $ $ 211,380 100.00% $ 33,645 $ (46,113) -137.06% PROMOTIONAL FUND SUMMARY The Promotional Fund Quarterly Financial Report for the period ending December 31, 2016 is provided within. Following are revenue and expenditure highlights for this fund. Overall the Promotional Fund performed within expectations. REVENUES Occupancy taxes collected from hotels and motels operating in the city is the primary source of revenue for this fund. Occupancy taxes are due on a quarterly basis and remitted within thirty days of the end of each quarter. Due to the timing of when occupancy tax payments are remitted to the City, the first quarter collections have yet to be received. EXPENDITURES Total expenditures were $56,703, or 22% of revised budget. Expenditures typically outpace revenues during the first quarter as a result of when occupancy tax payments are received. CITY OF NORTH RICHLAND HILLS PROMOTIONAL FUND REVENUES AND EXPENDITURES FISCAL YEAR 2016/17 11111111111111111 r/0%, ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL BUDGET BUDGET ASOF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL REVENUES Occupancy Taxes $ 255,253 $ 255,253 $ - 0.00% $ 275,072 $ - 0.00% Interest Income 2,836 2,836 803 28.31% 3,828 749 19.57% Prior Year Encumbrances 0.00% 6,000 6,000 100.00% TOTAL REVENUES $ 258,089 $ 258,089 $ 803 0.31% $ 284,900 $ 6,749 2.37% EXPENDITURES Economic Development $ 116,580 $ 116,580 $ 33,732 28.93% $ 108,337 $ 33,873 31.27% Cultural&Lelsure 133,986 133,986 22,940 17.12% 101,416 17,841 17.59% Non-Departmental 904 904 31 3.43% 123 30 24.39% Contribution to Reserves 6,619 6,619 0.00% 0.00% TOTAL OPERATING EXPENSES $ 258,089 $ 258,089 $ 56,703 21.97% $ 209,876 $ 51,744 24,65% BALANCE $ $ $ (55,900) -100.00% $ 75,024 $ (44,995) 0.00% DONATIONS FUND SUMMARY The Donations Fund Quarterly Financial Report for the period ending December 31, 2016 is provided within. This fund accounts for the operations for which voluntary contributions are used. Contributions are received through voluntary payments made in conjunction with a citizen's water bill and are used to support library activities, the Animal Adoption and Rescue Center, and special events/public art. The contributions are allocated to the Library ($0.65), Humane Services ($0.65), and special events and arts ($0.20). REVENUES Water Bill contributions, which have been declining over the last several years, were essentially flat to FY16. The drop in revenue, excluding appropriation of fund balance, was primarily from two factors; a decline in Spay/Neuter donations and Santa Cop/Heroes and Helpers donations. EXPENDITURES Expenditures totaled $47,640 compared to $41,276 for last year; a net increase of $6,364. Library expenditures totaling $11,162 compared to $985 in FY16, were the largest driving factor for the increase in expenditures. These were associated with the purchase of library materials and program supplies. Keep NRH Beautiful expenditures were $4,640 higher than in the previous year. This is the result of a home marking program that occurred during the first quarter of this year. This program improved the visibility of the home address markings on 218 homes. Police expenditures were $1,950 or 4.97% of budget; down $10,645 from prior year. Last year, the department held a women's conference at the beginning of the fiscal year. The same conference was also held this year. In preparation for the conference this year, several of the expenditures associated with preparing the event occurred in FY16. The department also conducted it Heroes and Helpers program; however, during the time period for this report, the expenditures for the holiday event had not posted. CITY OF NORTH RICHLAND HILLS DONATIONS FUND REVENUES AND EXPENDITURES FISCAL YEAR 2016/17.: ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET AS0F 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL REVENUES CONTRIBUTIONS NRH Water Bills $ 57,183 $ 57,183 $ 14,437 25.25% $ 56,458 $ 14,799 26.21% SUB-TOTAL $ 57,183 $ 57,183 $ 14,437 25.25% $ 56,458 $ 14,799 26.21% DONATIONS Spay/Neuter $ 15,000 $ 15,000 $ 2,283 15.22% $ 13,809 $ 5,908 42.78% Shelter Fund 23,500 23,500 14,994 63.80% 26,391 15,026 56.94% Republic 15,000 15,000 - 0.00% 15,500 - 0.00% Santa Cops 5,500 5,500 2,631 47.84% 8,123 6,123 75.38% SUB-TOTAL $ 59,000 $ 59,000 $ 19,908 33.74% $ 63,823 $ 27,057 42.39% PROCEEDS Library Book Sale $ 6,650 $ 6,650 $ 7,066 106.26% $ 9,152 $ 5,541 60.54% SUB-TOTAL $ 6,650 $ 6,650 $ 7,066 106.26% $ 9,152 $ 5,541 60.54% OTHER Interest Income $ 3,814 $ 3,814 $ 1,013 26.56% $ 5,002 $ 962 19.23% Other Income 94,600 94,600 35,657 37.69% 127,366 38,166 29.97% Appropriation of Fund Balance Teen Court - - - 0.00% 3,000 3,000 100.00% Library 43,196 43,196 43,196 100.00% 19,086 19,086 100.00% Neighborhood Services 4,969 4,969 4,969 100.00% 4,969 4,969 100.00% Parks&Recreation 42,375 42,375 42,375 100.00% 37,986 37,986 100.00% Police 4,750 4,750 4,750 100.00% 3,409 3,409 100.00% SUB-TOTAL $ 193,704 $ 193,704 $ 131,960 68.12% $ 200,818 $ 107,578 53.57% TOTALREVENUES $ 316,537 $ 316,537 $ 173,371 54.77% $ 330,251 $ 154,975 46.93% EXPENDITURES Library-Book Collection $ 81,225 $ 81,225 $ 11,162 13.74% $ 57,651 $ 985 1.71% Neighborhood Services Animal Services 25,310 25,310 1,473 5.82% 13,261 2,318 17.48% Keep NRH Beautiful 19,969 19,969 8,001 40.07% 21,168 3,361 15.88% Municipal Court-Teen Court 5,000 5,000 - 0.00% 5,200 - 0.00% Parks-Special Events and Arts 67,000 67,000 15,054 22.47% 53,752 22,017 40.96% Police Department 39,250 39,250 1,950 4.97% 32,157 12,595 39.17% Transfer to Capital 37,279 37,279 10,000 26.82% 34,849 - 0.00% TOTAL EXPENDITURES $ 275,033 $ 275,033 $ 47,640 17.32% $ 218,038 $ 41,276 18.93% BALANCE $ 41,504 $ 41,504 $ 125,731 302.94% $ 112,214 $ 113,699 10132% UTILITY FUND SUMMARY The Utility Fund Quarterly Financial Report for the period ending December 31, 2016 is provided within. The revised budget includes adjustments and prior year encumbrances, which are items approved by Council in the prior year but paid for and completed in the current fiscal year. Prior year actuals have been included for comparison. Overall, the Utility Fund is performing within expectations and is in line with prior year performance through December. REVENUES Total revenue in the Utility Fund was $9,312,448. This was a $1,982,157 decrease in comparison to FY16. The largest impact in FY16 was the one-time repayment of an interfund loan for a previous land purchase. This revenue will not occur again in FY17. The impact of these funds was partially offset by an Appropriation of Fund Balance of $1,600,000 in FY17. These funds covered the $1,600,000 transfer for the FY17 Utility Capital projects. This transfer did not occur until later in the year during FY16. Excluding these two items, the FY16 interfund loan repayment and the FY17 Appropriation of Fund Balance, FY17 revenue would have been $7,712,448 or 23%, compared to FY16 at $8,068,366 or 22%. Water Sales revenue was $4,863,511 which trended behind prior year. There were two primary factors that caused this lag. First, there was one less billing cycle during the first quarter in comparison to FY16. This accounts for roughly $220,000 of the variance. The remaining difference is related to lower billed water volumes. The volume in October was less that in FY16. While the volumes in November and December outpaced the previous year, volume totals for the first quarter still remain behind FY16. NRH experienced higher Sewer Sales revenue; approximately $120,975 greater than FY16. In FY17, the sewer pass-through rate increased from $1.00 to $1.24 per cubic feet of sewer usage. The City uses a winter quarter average to bill residential properties for sewer usage. This year, the residential quarter average is slightly higher than last year. Both of these factors increased sewer sales revenue for the first quarter. Miscellaneous revenue was $207,221, compared to $3,480,807 in FY16. Last year, the City received proceeds from the sale of a property. The original purchase of this property was funded through an interfund loan from the Utility Fund. The proceeds from the sale were transferred back the Utility Fund as repayment. EXPENSES Total expenses were $8,271,445 compared to $6,821,147 in FY16. Excluding the planned $1,600,000 transfer to Utility Capital Projects, total expenditures were $6,671,445 or 19%, which trended in line with FY16 ($6,821,147 or 18%). UTILITY FUND North Richland Hills contracts with Fort Worth and the Trinity River Authority (TRA) for the purchase of water. Between the two entities the total charges were $1,419,434; a decrease of $245,410. While the rates charged by Fort Worth and TRA were higher than the previous year, the majority of the decrease is the net impact lower water volumes during the first quarter. North Richland Hills also contracts with Fort Worth and TRA for sewer treatment services. Between the two entities, the total charges were $1,543,538; a decrease of $10,883. As sewage is treated, Fort Worth tests the waste water to determine the makeup of the discharge (i.e. chemicals or compounds found etc.). The testing determines the rates at which it will bill NRH for sewage treatment. CITY OF NORTH RICHLAND HILLS UTILITY FUND REVENUES FISCAL YEAR 2016117; ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET AS OF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL REVENUES WATER SALES AND CHARGES Water Sales $ 20,550,893 $ 20,550,893 $ 4,863,511 23.67% $ 18,651,612 $ 5,244,210 28.12% Water Taps 32,070 32,070 9,000 28.06% 52,000 9,750 18.75% Water Inspection Fees 27,120 27,120 0.00% 44,213 9,563 21.63% SUB-TOTAL $ 20,610,083 $ 20,610,083 $ 4,872,511 23.64% $ 18,747,825 $ 5,263,523 28.08% SEWER SALES AND CHARGES Sewer Sales $ 11,001,674 $ 11,001,674 $ 2,616,268 23.78% $ 9,960,495 $ 2,495,293 25.05% Sewer Taps 9,900 9,900 2,100 21.21% 14,350 3,100 21.60% Sewer Inspections 25,300 25,300 0.00% 20,943 8,058 38.48% SUB-TOTAL $ 11,036,874 $ 11,036,874 $ 2,618,368 23.72% $ 9,995,788 $ 2,506,451 25.08% MISCELLANEOUS Interest Income $ 72,464 $ 72,464 $ 18,812 25.96% $ 95,997 $ 22,606 23.55% Service Charges 153,180 153,180 35,372 23.09% 155,165 36,193 23.33% Late Charges 456,918 456,918 111,395 24.38% 417,162 122,403 29.34% MISCell3neons 36,542 36,542 3,150 8.62% 43,632 20,798 47.67% Joint Use Reimbursement-Watauga 94,700 94,700 26,012 27.47% 111,265 39,631 35.62% Subdivision Meter Revenue 45,710 45,710 12,480 27.30% 61,903 12,937 20.90% Bond Refunding Proceeds - - - 0.00% 792,063 - 0.00% Interfund Loan Repayments 0.00% 3,226,239 3,226,239 100.00% SUB-TOTAL $ 859,514 $ 859,514 $ 207,221 24.11% $ 4,903,426 $ 3,480,807 70.99% APPROPRIATION-FUND BALANCE Appropriation of Fund Balance $ 1,752,804 $ 1,752,804 $ 1,600,000 91.28% $ 3,501,436 $ - 0.00% Previous Year Encumbrances 14,348 14,348 100.00% 43,824 43,824 100.00% TOTALAPP.OF FUND BALANCE $ 1,752,804 $ 1,767,152 $ 1,614,348 91.35% $ 3,545,260 $ 43,824 1.24% TOTAL REVENUES $ 34,259,275 $ 34,273,623 $ 9,312,448 27.17% $ 37,192,299 $ 11,294,605 30.37% CITY OF NORTH RICHIAND HILLS UTILITY FUND EXPENSES FISCAL YEAR 2014/15 ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET AS OF 07/14 BUDGET TOTAL AS OF 07/13 ACTUAL EXPENSES OPERATING Administration $ 321,057 $ 321,057 $ 74,007 23.05% $ 311,446 $ 73,514 23.60% Development 882,243 882,243 205,970 23.35% 814,542 195,611 24.01% Right of Way Maintenance 233,754 233,754 24,453 10.46% 145,520 27,030 18.57% SUB-TOTAL $ 1,437,054 $ 1,437,054 $ 304,430 21.18% $ 1,271,508 $ 296,155 23.29% WATER SERVICES Water Operations $ 4,777,957 $ 4,792,305 $ 1,123,037 23.43% $ 4,101,097 $ 1,026,597 25.03% Purchase of Water FTW 4,957,292 4,957,292 399,816 8.07% 4,139,257 468,980 11.33% Pu rchase of Water TRA 5,328,960 5,328,960 1,019,618 19.13% 5,911,008 1,195,864 20.23% SUB-TOTAL $ 15,064,209 $ 15,078,557 $ 2,542,471 16.86% $ 14,151,362 $ 2,691,441 19.02% SE W ER SERVICES Sewer Operations $ 1,431,799 $ 1,431,799 $ 325,849 22.76% $ 1,273,582 $ 329,672 25.89% Sewer Treatment FTW 1,431,223 1,431,223 181,442 12.68% 1,588,456 306,823 19.32% Sewer Treatment TRA 3,955,418 3,955,418 1,362,096 34.44% 4,142,146 1,247,598 30.12% SUB-TOTAL $ 6,818,440 $ 6,818,440 $ 1,869,387 27.42% $ 7,004,184 $ 1,884,093 26.90% FINANCE/UTILITY COLLECTIONS Meter Reading $ 503,697 $ 503,697 $ 120,449 23.91% $ 463,575 $ 115,986 25.02% Utility Billing/Customer Service 869,621 869,621 182,659 21.00% 845,116 183,826 21.75% Utility Collection Services 290,015 290,015 71,116 20.52% 276,130 67,798 24.55% Accounting Services 405,571 405,571 81,733 20.15% 391,194 92,594 23.67% Budget&Research 219,546 219,546 40,601 18.49% 211,530 51,090 24.15% SUB-TOTAL $ 2,288,450 $ 2,288,450 $ 496,557 21.70% $ 2,187,545 $ 511,294 23.37% BUILDING SERVICES $ 1,822,929 $ 1,822,929 $ 455,732 25.00% $ 1,752,816 $ 438,204 25.00% NON-DEPARTMENTAL $ 283,355 $ 283,355 $ 61,010 21.53% $ 178,107 $ 65,944 37.02% OTHER&RESERVES Debt Service $ 1,128,595 $ 1,128,595 $ - 0.00% $ 1,060,260 $ - 0.00% Bond Defeasance/Refunding - - - 0.00% 798,283 - 0.00% Franchise Fees 945,688 945,688 224,219 23.71% 823,128 232,185 28.21% Indirect Costs 2,304,572 2,304,572 576,143 25.00% 2,194,830 548,708 25.00% Payment In Lieu of Taxes 390,983 390,983 97,746 25.00% 387,493 96,873 25.00% Transfer from Utility CIP Reserve to Information Services Fund 175,000 175,000 43,750 25.00% 175,000 43,750 25.00% Contribution to Equipment SVS. - - - 0.00% 50,000 12,500 25.00% Transfer to Capital 1,600,000 1,600,000 1,600,000 100.00% 1,931,544 - 0.00% Reserve for Capital - - - 0.00% 3,226,239 - 0.00% SUB-TOTAL $ 6,544,838 $ 6,544,838 $ 2,541,858 38.84% $ 10,646,777 $ 934,016 8.77% TOTAL EXPENSES $ 34,259,275 $ 34,273,623 $ 8,271,445 24.13% $ 37,192,299 $ 6,821,147 18.34% BALANCE $ $ $ 1,041,003 100.00% $ $ 4,473,458 100.00% AQUATIC PARK FUND SUMMARY The Aquatic Park Quarterly Financial Report for the period ending December 31, 2016 is provided within. Prior year actuals have been included for comparison purposes. Following are revenue and expenditure highlights for this fund. Overall, the Aquatic Park Fund performed within expectations and is in line with prior year performance through December. REVENUES Total Aquatic Park revenue was $658,809 or 12% of budget compared to $331,807 in FY16. As a percentage, park revenue to date trended similar to the previous year. In FY16, the City exercised a bid bond for the Slide Tower Replacement project when the winning bidder notified the City that they would be unable to complete the work for the awarded amount. The revenue grouped under Other trended higher in FY16 as a result. The FY17 appropriation of fund balance, which was the funding source for NRH2O's FY17 capital projects, was higher than through December in FY16. EXPENSES Total expenses for the Aquatic Park Fund were $975,132, or 17% of budget. This was $483,414 higher compared to $491,718 for the same period in FY16. The increase resulted from the transfer to capital of $531,000 for projects approved in the Capital Budget. This transfer to date exceed that of FY16 for the same period by $431,000. Excluding the Transfer to Capital Projects in both years, total expenses in FY17 would have been $444,132 or 8%, compared to $391,718 or 8% in FY17. CITY OF NORTH RICHLAND HILLS AQUATIC PARK FUND REVENUES AND EXPENSES FISCAL YEAR 2016/17 ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET ASOF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL REVENUES Admissions $ 3,442,500 $ 3,442,500 $ 123,197 3.58% $ 2,972,719 $ 109,134 3.67% Food and Beverage 1,009,352 1,009,352 642 0.06% 837,352 890 0.11% Merchandise 157,836 157,836 320 0.20% 143,644 308 0.21% Rentals 249,787 249,787 - 0.00% 142,436 - 0.00% Programs 0.00% 2,096 0.00% SUB-TOTAL $ 4,859,475 $ 4,859,475 $ 124,159 2.55% $ 4,098,247 $ 110,332 2.69% OTHER Interest Income $ 8,900 $ 8,900 $ 2,601 29.22% $ 12,403 $ 2,848 22.96% Other Income 50,000 50,000 1,049 2.10% 356,051 118,627 33.32% SUB-TOTAL $ 58,900 $ 58,900 $ 3,650 6.20% $ 368,454 $ 121,475 32.97% APPROPRIATION-FUND BALANCE Appropriation of Fund Balance $ 531,000 $ 531,000 $ 531,000 100.00% $ 248,990 $ 101 40.16% Prior Year Encumbrances - - - 0.00% - - 0.00% SUB-TOTAL $ $ 531,000 $ 531,000 100.00% $ $ 0.00% TOTAL REVENUES $ 5,449,375 $ 5,449,375 $ 658,809 12.09% $ 4,715,691 $ 331,807 7.04% OPERATING EXPENSES General Services $ 918,666 $ 898,666 $ 160,580 17.87% $ 850,094 $ 133,823 15.74% Parks&Public Grounds 93,411 93,411 3,382 3.62% 73,106 3,464 4.74% Aquatics 594,795 594,795 16,868 2.84% 541,299 16,453 3.04% Maintenance 549,189 569,189 94,889 16.67% 584,175 76,310 13.06% Business Office 149,477 149,477 26,401 17.66% 139,161 26,143 18.79% Northing/Advertising 448,944 448,944 30,438 6.78% 460,316 32,950 7.16% Gift Shop 121,940 121,940 11,095 9.10% 109,698 7,839 7.15% Food 145,111 145,111 6,473 5.84% 155,139 5,949 3.83% Ice Cream Shop 137,563 137,563 5,948 4.32% 113,682 4,443 3.91% Group Sales 65,255 65,255 6,432 12.92% 58,075 11,266 19.40% Admissions 135,871 135,871 12,676 9.33% 123,525 12,234 9.90% Elements of Fun 9,088 9,088 191 2.10% 6,618 215 3.25% Birthday Parties 23,829 23,829 156 0.65% 18,852 610 3.24% Catering 34,010 34,010 526 1.55% 34,542 304 0.88% Funnel Cake 36,631 36,631 1,156 3.16% 20,329 - 0.00% Rentals 11,203 11,203 2,129 19.00% 12,818 2,086 16.27% Food Service Building 171,245 171,245 7,766 4.54% 172,201 7,512 4.36% SUB-TOTAL $ 3,646,228 $ 3,646,228 $ 391,110 10.73% $ 3,473,630 $ 341,601 9.83% OTHER&RESERVES Debt Service $ 956,140 $ 956,140 $ 172 0.02% $ 461,387 $ 62 0.01% Bond Defeasance - - - 0.00% 209,105 - 0.00% Indirect Costs 166,631 166,631 41,658 25.00% 158,696 39,674 25.00% Transfer Out-PARD 83,685 83,685 - 0.00% 81,248 - 0.00% Transfer to Capital Projects 531,000 531,000 - 0.00% 288,675 - 0.00% Reserve for Infrastructure&Major Repairs 18,025 18,025 - 0.00% - - 0.00% Non-Departmental 47,666 47,666 11,192 23.48% 42,950 10,381 24,17% SUB-TOTAL $ 1,803,147 $ 1,803,147 $ 53,022 2.94% $ 1,242,061 $ 50,117 4.03% TOTAL EXPENSES $ 5,449,375 $ 5,449,375 $ 444,132 8.15% $ 4,715,691 $ 391,718 8.31% BALANCE $ $ $ 214,677 100.00% $ $ (59,911] -100.00% GOLF COURSE FUND SUMMARY The Iron Horse Golf Course Quarterly Financial Report through the month of November is provided within. Golf Course figures will be presented based on financial data one month behind the reporting period due to the timing of when financial data is received. REVENUES Revenues totaled $432,937 or 17% of budget, compared to $362,658 in FY16. The number of rounds played through December were 4,828 compared to 4,085 in FY16. The winter months experienced warmer, drier weather which positively impacts the number of rounds played at the golf course. EXPENSES Total expenses through December of FY17 totaled $372,298 or 15% of budget compared to $358,362 in prior year. Year-to-date expenditures were in line with expectations. CITY OF NORTH RICHIAND HILLS GOLF COURSE FUND REVENUES AN D EXPENSES FISCAL YEAR 2016/17; Through the month of ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL October BUDGET BUDGET AS OF 10/16 BUDGET TOTAL AS OF 10/15 ACTUAL ROUNDS 49,517 49,517 4,828 47,873 4,085 REVENUES Green Fees $ 1,006,024 $ 1,006,024 $ 157,489 15.65% $ 971,820 $ 136,094 14.00% Pro Shop 353,090 353,090 53,688 15.21% 400,426 57,550 14.37% Driving Range 85,000 85,000 14,099 16.59% 86,163 10,433 12.11% Carts 391,436 391,436 65,923 16.84% 401,579 54,910 13.67% Food&Beverage 650,000 650,000 140,618 21.63% 728,709 100,054 13.73% General&Administrative - - - 0.00% 1,167 1,360 116.54% Other Revenue 909 909 1,120 123.21% 39,019 2,257 5.78% TOTAL REVENUES $ 2,486,459 $ 2,486,459 $ 432,937 17.41% $ 2,628,883 $ 362,658 13.80% OPERATING EXPENSES Pro Shop $ 162,461 $ 162,461 $ 15,246 9.38% $ 132,812 $ 21,304 16.04% Pro Shop:COGS 139,750 139,750 29,562 21.15% 154,541 22,931 14.84% Driving Range 11,200 11,200 2,717 24.26% 10,446 1,322 12.66% Golf Carts 223,866 223,866 25,656 11.46% 230,142 28,014 12.17% Course Maintenance 586,385 586,385 116,366 19.84% 598,974 123,106 20.55% Food&Beverage 252,346 252,346 52,583 20.84% 307,435 42,767 13.91% Food&Beverage:COGS 201,500 201,500 40,215 19.96% 208,740 26,400 12.65% Sales&Membership 54,370 54,370 12,716 23.39% 51,650 8,023 15.53% General&Administrative 229,143 229,143 33,428 10.59% 290,980 42,984 14.77% Clubhouse 121,144 121,144 18,957 15.65% 115,306 20,245 17.56% Management Fees 109,698 109,698 24,852 22.65% 146,353 21,266 14.53% Capital 130,707 130,707 0.00% 67,297 0.00% SUB-TOTAL $ 2,222,570 $ 2,222,570 $ 372,298 16.75% $ 2,314,676 $ 358,362 15.48% OTHER&RESERVES Debt Service $ 116,125 $ 116,125 $ - 0.00% $ 109,614 $ - 0.00% Payment to Interdepartmental Loans Water Fund 4 4 - 0.00% 56,833 - 0.00% General Fund 147,760 147,760 - 0.00% 147,760 - 0.00% Reserve for Equipment/CIE - - - 0.00% - - 0.00% SUB-TOTAL $ 263,889 $ 263,889 $ - 0.00% $ 314,207 $ - 0.00% TOTAL EXPENSES $ 2,486,459 $ 2,486,459 $ 372,298 14.97% $ 2,628,883 $ 358,362 13.63% BALANCE $ $ $ 60,639 100.00% $ $ 4,296 100.00% FACILITIES & CONSTRUCTION MANAGEMENT FUND SUMMARY The Facilities and Construction Management Fund Quarterly Financial Report for the period ending December 31, 2016 is provided within. The revised budget includes adjustments and prior year encumbrances, which are items approved by Council in the prior year but paid for and completed in the current fiscal year. Prior year actuals have been included for comparison. The majority of revenue for this fund is generated by facility allocations charged to the General Fund, Utility Fund, and Park Development Fund. The allocations are charged to those funds in twelve equal payments, occurring once each month. Overall, this fund is performing in line with expectations. REVENUES Total revenue was $805,263 or 26% of budget compared to $758,254 or 24% in FY16. Rental Property income outpaced the prior year, totaling $18,120 or 25% of budget. Last year, there were property vacancies which impacted revenue collected. EXPENSES Expenses totaled $673,980 compared to $665,683 in the prior year. Building Services expenses were $449,782 compared to $391,688. The increase over prior year is due to the inclusion of costs related to services and utilities at the New City Hall, which was not open during the first quarter of FY16. The Transfer to Capital Budget totaled $120,800 compared to $165,000 in prior year. The transfer is the movement of funds to capital projects approved in the FY17 adopted budget. CITY OF NORTH RICH LAND HILLS FACILITIES FUND REVENUES AND EXPENSES FISCAL YEAR 2016/17; ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET AS OF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL REVENUES CHARGES FOR SERVICE General Fund $ 836,737 $ 836,737 $ 209,184 25.00% $ 848,774 $ 212,193 25.00% Park&Recreation Development Fund 351,900 351,900 87,975 25.00% 360,750 90,188 25.00% Utility Fund 1,822,929 1,822,929 455,732 25.00% 1,752,816 438,204 25.00% SUB-TOTAL $ 3,011,566 $ 3,011,566 $ 752,891 25.00% $ 2,962,340 $ 740,585 25.00% OTHER Interest Income $ 11,446 $ 11,446 $ 2,751 24.03% $ 14,887 $ 2,969 19.94% Rent from Rental Properties 72,000 72,000 18,120 25.17% 70,876 14,700 20.74% SUB-TOTAL $ 83,446 $ 83,446 $ 20,871 25.01% $ 85,763 $ 17,669 20.60% APPROPRIATION-FUND BALANCE Building Services Fund Reserves $ 28,939 $ 28,939 $ - 0.00% $ - $ - 0.00% Prior Year Encumbrances 31,501 31,501 100.00% 65,507 0.00% SUB-TOTAL $ 28,939 $ 60,440 $ 31,501 52.12% $ 65,507 $ 0.00% TOTAL REVENUES $ 3,123,951 $ 3,155,452 $ 805,263 25.52% $ 3,113,610 $ 758,254 24.35% OPERATING EXPENSES General Services $ 332,468 $ 332,468 $ 78,850 23.72% $ 329,806 $ 80,270 24.34% Building Services 2,577,848 2,609,349 449,782 17.24% 2,188,911 391,688 17.89% Rental Property Program 46,120 46,120 14,761 32.01% 115,787 18,728 16.17% Transfer to Capital Budget 120,800 120,800 120,800 100.00% 439,116 165,000 37.58% SUB-TOTAL $ 3,077,236 $ 3,108,737 $ 664,193 21.37% $ 3,073,620 $ 655,686 21.33% 0TH OR&RESERVES Debt Service $ 26,193 $ 26,193 $ 6,548 25.00% $ 27,399 $ 6,850 25.00% Other 20,522 20,522 3,239 15.78% 12,591 3,147 24.99% SUB-TOTAL $ 46,715 $ 46,715 $ 9,787 20.95% $ 39,990 $ 9,997 25.00% TOTAL EXPENSES $ 3,123,951 $ 3,155,452 $ 673,980 21.36% $ 3,113,610 $ 665,683 21.38% BALANCE $ $ $ 131,283 100.00% $ $ 92,571 100.00% FLEET SERVICES FUND SUMMARY The Fleet Services Fund Quarterly Financial Report for the period ending December 31, 2016 is provided within. The revised budget includes adjustments and prior year encumbrances, which are items approved by Council in the prior year but paid for and completed in the current fiscal year. Prior year actuals have been included for comparison. The major source of revenue for the fund is generated by the vehicle allocations charged to departments for the vehicles and equipment utilized. This allocation is charged to departments in twelve equal payments, occurring once each month. Overall, the fund performed within expectations and is in line with the prior year. REVENUES Total revenues were $1,059,965 compared to $972,693 in FYI 6. The major source of revenue for the fund is the vehicle allocations charged to departments. One reason the revenue in this fund appears to be trending lower than anticipated is the Sale of City Property. When adopted, the budget included an estimate for the sale of several pieces of fire equipment. As the replacement equipment was ordered, the City received trade- in credit for the equipment, reducing the overall cost of the replacement. As a result, roughly $494,000 of this revenue will not be recognized. This will be offset by a decrease in the amount of funds transferred to capital projects for the replacement Fire equipment. The Transfer from Utility Fund in the Other revenue category was discontinued during the budget preparation cycle. As a result, revenues in this category totaled $24,039 compared to $32,668 in prior year. EXPENSES Total expenses were $864,288 compared to $663,102 in FY16. Expenses in General Services were lower than the previous year due to a vacant full-time position. The other significant difference is the planned Transfer to Capital. Projected revenue from the sale of fire equipment was included as part of the transfer of funds to the related capital projects. The sale did not occur, but instead the City received trade-in credit towards the replacement equipment, reducing the overall cost. Both the Sale of City Property revenue category and the Transfer to Capital expense will be adjusted accordingly as part of the mid-year budget amendment. CITY OF NORTH RICHLAND HILLS FLEET SERVICES FUND REVENUES AND EXPENSES FISCAL YEAR 2016/17.: ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET ASOF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL REVENUES CHARGES FOR SERVICE General Fund $ 1,389,677 $ 1,389,677 $ 347,419 25.00% $ 1,273,471 $ 318,368 25.00% Utility Fund 1,967,647 1,967,647 491,912 25.00% 1,873,949 468,486 25.00% Utility CIP/Utility Construction 288,678 288,678 72,169 25.00% 274,931 68,733 25.00% Crime Control&Prevention District 170,426 170,426 42,606 25.00% 162,310 40,577 25.00% Park&Recreation Development Fund 143,939 143,939 35,985 25.00% 137,085 34,271 25.00% Other Funds 40,278 40,278 10,070 25.00% 38,360 9,590 25.00% SUB-TOTAL $ 4,000,645 $ 4,000,645 $ 1,000,161 25.00% $ 3,760,106 $ 940,025 25.00% OTHER Interest Income $ 14,551 $ 14,551 $ 3,676 25.26% $ 20,005 $ 3,773 18.86% Sale of City Property 519,408 519,408 18,043 3.47% 49,564 14,800 29.86% Other Income 6,660 6,660 2,320 34.83% 7,212 1,595 22.12% Transfer from General Fund - - - 0.00% - - 0.00% Transfer from Utility Fund - - - 0.00% 50,000 12,500 25.00% SUB-TOTAL $ 540,619 $ 540,619 $ 24,039 4.45% $ 126,781 $ 32,668 25.77% APPROPRIATION-FUND BALANCE Previous Year Encumbrances 35,765 35,765 100.00% 0.00% SUB-TOTAL $ $ 35,765 $ 35,765 100.00% $ $ 0.00% TOTAL REVENUES $ 4,541,264 $ 4,577,029 $ 1,059,965 23.16% $ 3,886,887 $ 972,693 25.02% OPERATING EXPENSES General Services $ 342,021 $ 342,021 $ 53,294 15.58% $ 224,092 $ 57,025 25.45% Equipment Services Operations 1,679,639 1,689,204 263,200 15.58% 1,376,119 246,897 17.94% Fire Fleet Maintenance 314,205 314,205 50,746 16.15% 259,684 53,785 20.71% Equipment Purchases 314,111 314,111 - 0.00% 677,721 - 0.00% Fire Vehicles/Equipment 190,815 190,815 - 0.00% - - 0.00% Police Vehicles/Equipment 227,779 259,779 35,828 13.79% 344,329 17,504 5.08% SUB-TOTAL $ 3,068,570 $ 3,110,135 $ 403,068 12.96% $ 2,881,945 $ 375,211 13,02% OTHER&RESERVES Debt Service $ 448,414 $ 448,414 $ 112,103 25.00% $ 480,406 $ 120,105 25.00% Transfer to Capital Project 849,000 849,000 346,000 40.75% 170,554 164,754 96.60% Other 18,599 18,599 3,117 16.76% 19,978 3,032 15.18% Equipment Services Reserve 156,681 150,881 - 0.00% - - 0.00% SUB-TOTAL $ 1,472,694 $ 1,466,894 $ 451,220 31.44% $ 670,938 $ 287,891 42.91% TOTAL EXPENSES $ 4,541,264 $ 4,577,029 $ 864,288 18.88% $ 3,552,883 $ 663,102 18.66% BALANCE $ $ $ 195,677 100.00% $ 334,004 $ 309,591 92.69% INFORMATION TECHNOLOGY FUND SUMMARY The Information Technology Fund Quarterly Financial Report for the period ending December 31, 2016 is provided within. The revised budget includes adjustments and prior year encumbrances, which are items approved by Council in the prior year but paid for and completed in the current fiscal year. Prior year actuals have been included for comparison. The major source of revenue for this fund is the allocations charged to departments for telephones and computers. These allocations are charged to departments in twelve payments, occurring once each month. Overall, the fund performed within expectations and is in line with the prior year. REVENUES Total revenue was $819,915, which represented an increase of $55,911 over FY16. The allocations charged to departments for telephones and computers were higher than those used during FY16. EXPENSES Total expenses were $870,772 or 26% of budget. This represented an increase of $27,067 in comparison FY16. The majority of this increase resulted from the transfer of $156,000 to a capital project for the replacement of the Fire mobile data computers (MDC's). Microcomputer expenses for the first quarter were $121,248 compared to $160,856 in FY16. In anticipation of the move to new city hall, a greater portion of the computer replacement budget was utilized earlier in the FY16 so that the equipment would be available for deployment in the new building. Data Network expenses through December totaled $64,509 or 8% of budget; a decrease of$75,278 from prior year. In FY16, the City incurred startup costs associated with the implementation of the Paymentus on-line payment solution. In addition, funding was included in the FY17 budget for additional maintenance costs and equipment associated with the systems at new City Hall. As of the end of the first quarter, these expenses had not been incurred, resulting in a lower percentage of the available budget being expensed. Expenses in the GIS division were $57,000; down $27,055 from prior year. The timing of software license renewals was the major contributing factor to this decrease. Renewals that were paid during the first quarter for FY16 were not paid during this reporting period. These renewals are expected to be reflected in the second quarter report. CITY OF NORTH RICHIAND HILLS INFORMATION TECHNOLOGY FUND REVENUES AN D EXPENSES FISCAL YEAR 2016/17; ADOPTED REVISED ACTUAL %REVISED I UNAUDITED ACTUAL % BUDGET BUDGET AS OF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL REVENUES TELECOMMUNICATIONS Transfers from General Fund $ 353,038 $ 353,038 $ 88,259 25.00% $ 337,942 $ 84,485 25.00% Park Fund 35,708 35,708 8,927 25.00% 34,007 8,502 25.00% Crime Control&Prevention District 29,318 29,318 7,329 25.00% 27,922 6,980 25.00% Utility Fund 89,489 89,489 22,372 25.00% 85,226 21,306 25.00% Other Funds 64,273 64,273 16,069 25.00% 61,212 15,303 25.00% SUB-TOTAL $ 571,826 $ 571,826 $ 142,956 25.00% $ 546,309 $ 136,576 25,00% COMPUTERS Transfers from: General Fund $ 1,039,779 $ 1,039,779 $ 259,944 25.00% $ 979,436 $ 244,859 25.00% Park Fund 112,863 112,863 28,216 25.00% 107,489 26,872 25.00% Crime Control&Prevention District 188,622 188,622 47,155 25.00% 179,640 44,910 25.00% Utility Fund 734,822 734,822 183,705 25.00% 699,831 174,958 25.00% Other Funds 306,823 306,823 76,704 25.00% 292,212 73,053 25.00% SUB-TOTAL $ 2,382,909 $ 2,382,909 $ 595,724 25.00% $ 2,258,608 $ 564,652 25.00% OTHER REVENUES Interest Income $ 8,657 $ 8,657 $ 2,740 31.65% $ 12,090 $ 2,589 21.41% Transmitter Lease 152,958 152,958 18,538 12.12% 145,073 16,877 11.63% Other Income - - 1,207 100.00% 7,069 953 13.48% Transfer from General Fund - - - 0.00% 75,703 - 0.00% Transfer from Utility Fund Reserve 175,000 175,000 43,750 25.00% 175,000 43,750 25.00% SUB-TOTAL $ 336,615 $ 336,615 $ 66,235 19.68% $ 414,935 $ 64,169 15.46% APPROPRIATION-FUND BALANCE Appropriation-PY Encumbrances $ - $ 15,000 $ 15,000 100.00% $ - $ - 0.00% Appropriation of Info.Sys.Reserves 0.00% 0.00% SUB-TOTAL $ $ 15,000 $ 15,000 100.00% $ $ 0.00% TOTAL REVENUES $ 3,291,350 $ 3,306,350 $ 819,915 24.80% $ 3,219,852 $ 765,397 23.77% OPERATING EXPENSES General Services $ 259,577 $ 259,577 $ 60,943 23.48% $ 252,126 $ 62,116 24.64% Major Computer Systems 345,448 345,448 202,531 58.63% 318,606 205,130 64.38% Microcomputer Systems 781,808 796,808 121,248 15.22% 680,206 160,856 23.65% Telecommunications 394,875 394,875 94,194 23.85% 458,955 62,985 13.72% Data Network 769,206 788,596 64,509 8.18% 647,639 139,787 21.58% GIS System 180,523 180,523 57,000 31.57% 161,928 84,055 51.91% Pu blic Safety 363,222 363,222 112,216 30.89% 355,379 126,712 35.66% SUB-TOTAL $ 3,094,659 $ 3,129,049 $ 712,641 22.78% $ 2,874,839 $ 841,641 29.28% OTHER&RESERVES Other $ 15,982 $ 15,982 $ 2,131 13.33% $ 8,257 $ 2,064 25.00% Transfer to Capital Projects $ 156,000 $ 156,000 $ 156,000 100.00% $ - $ - 0.00% Reserve for System Improvements 24,709 5,319 0.00% 0.00% SUB-TOTAL $ 196,691 $ 177,301 $ 158,131 89.19% $ 8,257 $ 2,064 25.00% TOTAL EXPENSES $ 3,291,350 $ 3,306,350 $ 870,772 26.34% $ 2,883,096 $ 843,705 29.26% BALANCE $ $ $ (50,857) -100.00% $ 336,756 S (78,308) -23.25% SELF INSURANCE FUND SUMMARY The Self Insurance Fund Quarterly Financial Report for the period ending December 31, 2016 is provided within. Prior year actuals have been provided for the purpose of comparison. Following are revenue and expense highlights. The majority of revenue is from allocations paid by departments for health insurance and workers compensation. These allocations are charged to departments in twelve equal payments, occurring once each month. The premiums paid by employees and retirees are also reflected in this fund's revenue. REVENUES The allocations received by this fund tracked in line with expectations. Other income totaled $75,128 compared to $158,435 in prior year. The majority of the decrease is due to the expenditure reimbursements remitted to the City. Expenditure reimbursements are stop loss reimbursements related to individual claims submitted above $175,000, and the amount reimbursed per claim will fluctuate. This year the City received $33,345 in expenditure reimbursements compared to $119,861 in FY16. EXPENSES Expenses total $2,192,035 compared to $2,735,717 in FY16. The majority of the decrease was related to Health/Medical claims submitted to the City through the first quarter of FYI 7. Health/Medical expenses are $572,353 lower than same period last year. Year to date health insurance claims are running under the original projections at this time. CITY OF NORTH RICHLAND HILLS SELF INSURANCE FUND REVENUES AND EXPENSES FISCAL YEAR 2016/17; ADOPTED REVISED ACTUAL %REVISED UNAUDITED ACTUAL % BUDGET BUDGET AS OF 12/16 BUDGET TOTAL AS OF 12/15 ACTUAL REVENUES ALLOCATIONS Health/Medical $ 10,626,219 $ 10,626,219 $ 2,621,809 24.67% $ 9,767,979 $ 2,411,371 24.69% Worker's Com pensation 591,441 591,441 147,860 25.00% 531,480 132,870 25.00% Administration Al location 466,311 466,311 116,576 25.00% 474,083 118,520 25.00% Other Insurance 579,182 579,182 145,794 25.17% 567,049 141,585 24.97% SUB-TOTAL $ 12,263,153 $ 12,263,153 $ 3,032,039 24.72% $ 11,340,591 $ 2,804,346 24.73% OTHER Interest Income $ 39,430 $ 39,430 $ 7,995 20.28% $ 45,708 $ 9,762 21.36% Other Income 95,800 95,800 33,788 35.27% 157,569 28,812 18.29% Expenditure Reimbursement 400,000 400,000 33,345 8.34% 693,192 119,861 17.29% SUB-TOTAL $ 535,230 $ 535,230 $ 75,128 14.04% $ 896,469 $ 158,435 17.67% APPROPRIATION-FUND BALANCE Self Insurance Fund Reserves $ 100,000 $ 100,000 $ - 0.00% $ 1,518,918 $ - 0.00% Prior Year Encumbrances $ $ $ 0.00% $ $ 0.00% SUB-TOTAL $ $ $ 0.00% $ $ 0.00% TOTAL REVENUES $ 12,898,383 $ 12,898,383 $ 3,107,167 24.09% $ 13,755,978 $ 2,962,781 21.54% OPERATING EXPENSES Health/Medical $ 11,027,505 $ 11,027,505 $ 1,683,433 15.27% $ 11,885,569 $ 2,255,786 18.98% Worker's Compensation 586,463 586,463 82,655 14.09% 605,035 132,209 21.85% Personnel Expenses 498,956 498,956 113,315 22.71% 470,919 110,918 23.55% Other Insurance 489,183 499,659 283,556 56.75% 473,303 210,544 44.48% Reserve for Insurance Claims 10,476 - - 0.00% - - 0.00% Other Expenses 95,800 95,800 14,197 14.82% 133,194 12,369 9.29% Life Insurance Premiums 90,000 90,000 14,879 16.53% 87,958 13,891 15.79% SUB-TOTAL $ 12,798,383 $ 12,798,383 $ 2,192,035 17.13% $ 13,655,978 $ 2,735,717 20.03% OTHER&RESERVES Transfer to Retiree Health Care Fund $ 100,000 $ 100,000 $ - 0.00% $ 100,000 $ - 0.00% SUB-TOTAL $ 100,000 $ 100,000 $ - 0.00% $ 100,000 $ - 0.00% TOTAL EXPENSES $ 12,898,383 $ 12,898,383 $ 2,192,035 16.99% $ 13,755,978 $ 2,735,717 19.89% BALANCE $ $ $ 915,132 100.00% $ $ 227,064 100.00% "RH NORTH KICHI,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Quarterly Financial Report for the Period Ending December 31, 2016 PRESENTER: Mark Mills, Finance Director / Interim Budget Director SUMMARY: At the February 27, 2017 City Council Work Session, staff will present the Quarterly Financial Status Report for the period ending December 31, 2016. GENERAL DESCRIPTION: Staff will present a quarterly financial status report to the City Council. This report will include a brief presentation that highlights the major operating funds of the City. The presentation will focus on revenue and expenditures to date in relation to expectations, followed by an opportunity for staff to address any questions. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: 02/27/2017 SUBJECT: 2016 Police Department and Fire Department Annual Reports PRESENTER: Jimmy Perdue Summary: The 2016 Annual Reports for the North Richland Hills Police Department and Fire Department provide a snapshot of the activity and accomplishments of both departments during the calendar year. It shows a variety of activity measurements indicating the effort of these dedicated public safety employees. General Description: Police Department - During 2016, a 13% decrease was experienced in UCR Part offenses when compared to the previous year. Significant decreases were seen in thefts, burglaries and aggravated assaults. A less than 1% increase was experienced in Part 11 offenses when compared to the previous year. During 2016, we continued to improve both our efficiency and effectiveness in serving our community and the delivery of shared services. Our commitment to excellence in all police services was demonstrated through compliance in 166 standards earning the Police Department "Recognized" status by the Texas Police Chiefs Association Law Enforcement Recognition Program. Fire Department — In 2016, total calls for service increased 6.14% surpassing 8,000 for the first time. Combined turnout and travel times decreased an average of 12.3 seconds per call. We successfully partnered with Birdville Independent School District and Tarrant County College to create the BISD Fire Academy. These and other accomplishments made 2016 an effective and productive year. The NRHFD Strategic Plan was reviewed and revised into five categories. These plans will enhance our ability to communicate, within the department and directly to the community, the plans, needs and progress of the fire department. "A i" 77' ImfM ry , IIA nr OA' Vywzo Of �0;1*xoj ............ North Richland Hills Police Department 4301 City Point Drive North Richland Hills, Texas 76180 The year 2016 sadly brought more tragedy to the law enforcement community. The challenges and hazards affecting the policing profession continued to ,. F intensify across the country. The number of fallen officers surpassed the previous year, and those from shooting deaths increased three fold. But during this dark time, the NRH community rallied around us and showed their support in many ways. The men and women of the North Richland Hills Police Department remain dedicated to provide an unparalleled level of service to our community and embody the very best of what the law enforcement profession represents. I am very proud of the members of our department and for all they do to serve our citizens. This annual report highlights their exceptional work. One important milestone our department achieved last year was attaining Recognized Police Agency status by the Texas Police Chiefs Association Foundation. This is a rigorous process that compares our policies and practices against 166 standards for Texas police agencies. Achieving this honor in 2011 and again in 2016 allows us to provide our community a tangible measure of our commitment to the highest ideals of professional law enforcement. 0 Communities across the country are depending on law enforcement now more than ever. We continue to be strengthened by the encouragement and support from our citizens. I remain humbled to represent such a great group of individuals zuho care so deeply about their profession. Jimmy Perdue Chief of Police Our Vision Our vision is a community environment where the public has full faith and confidence in its police department to provide an atmosphere where people feel safe and secure. Our Mission Our mission is to work in a partnership with our citizens to maintain a safe, peaceful community by providing excellence in all police services dedicated to the highest standards of ethics and integrity while preserving and protecting life and property. ' Our Philosophy We are committed to maintaining high ethical standards by conducting ourselves with integrity, compassion and accountability. We, both as individuals and as an organization, strive to be leaders in our profession and in the community we serve. Effective leadership will model the way, enable others to act and inspire a shared vision. We endorse the principles embodied in our Constitution. . We respect and rotect the rights of all citizens, and we endeavor to ensure the safety, security and protection of life and property. Integrity is central to the values we embrace and establishes the foundation for community trust. We are accountable to each other and to the citizens we serve and we expect ethical, legal and moral behavior in all aspects of our lives. We strive to maintain the highest quality of life for all that reside within and visit our community. Our values guide our work and decisions, help us contribute to the quality of life and promote a positive work experience. We are dedicated to preserving the goals and values that make the City of North Richland Hills the "City of Choice." • - • • The Uniformed Services Division consists of two Sections — the Patrol Section and the Traffic Section — and five specialty units: Bicycle Patrol , Honor Guard, K-9, Public Service Officers, and Special Weapons and Tactical Team (SWAT). This division is responsible for controlling and preventing crime through regular patrols, responding to calls for service, apprehending offenders, enforcing criminal and traffic laws, conducting preliminary investigations.These sections are equally tasked with providing high police visibility while working with citizens in a preventive approach to problems within the community. In addition to the uniformed police patrols, other services provided are accident investigation and reconstruction, commercial vehicle enforcement and Viotations Issued special threat situations. The contemporary concept in policing — referred to as 2016 e3s Beat Management — extends the commitment by our i 1U FftF • ' police officers to best serve our community while also 'MINN forming a partnership with our citizens. District assignments create a familiarity between the beat officer m, nb a and the community served. The officers are encouraged to stop by and interact with students in schools on their districts, meet residents, and attend homeowner's association meetings and neighborhood crime watch � meetings. ::3 �������������To meet the increasing challenges currently faced by law � �p enforcement,the North Richland Hills Police Department increased the size and scope of its Canine Unit in 2016 825 4 659 The canine teams play a major role in the detection of "°""°"""6.14 d 5:D8.narcotics, and is additionally certified to perform patrol functions to include tracking, building searches and "' `apprehensions. ' ' ' • . • ■ • In the Criminal Investigations Division, Detectives receive general training in all aspects of criminal investigation as well as specialized training in areas that are specific to each detective. As a component of Beat Management, the general assignment detectives serve as district liaisons for all beat officers. The Crimes Against Persons Section investigates causes of all violent crimes including homicide, robbery, sexual assault, family violence and juvenile crimes. Specialized investigation of activities involve juvenile offenders and crimes against children. The Property Crimes Section investigates property-related offenses including auto theft, • burglary and theft. Detectives perform follow-up investigations such as recovery of stolen property and arrest of fugitives. The detectives in the Financial Crimes Unit focus specialized resources in the following areas: fraud investigations, credit card abuse, organized crime investigations, embezzlement and asset forfeiture. The two specialized units within the Division are the Crime Scene Search Unit and the Special Investigations Unit. The Crime Scene Search Unit collects and processes evidence from NRH crime scenes including murder, criminal mischief, burglary, robbery, forgery and assaults. This unit also supervises the multi-agency Automated Fingerprint Identification System (AFIS). / Th e Special Inv esti olio n s Unit investigates ates n narcotic offenses in North Richland Hills as well as working / g / c I ose I with Federal a n d State agencies in an attempt [[ / to reduce the flow of narcotics into our community. €€€€ Additionally, specific multi-agency task force / extending be assignments local ' g g and jurisdiction Y p romote cooperative and coordinated drug enforcement efforts drawing from the expertise of state and local law enforcement. � • • The Administrative Services Division consists of two sections — Community Services and Training — and oversees hiring and media relations. School Resource Officers are charged with the security and primary law enforcement responsibilities in the area schools. The charitable outlets and grant funding sources are sought after to build new service programs and supplement police resources not otherwise available to the department. Crime prevention and community relations are the top priorities of the Community Services Section.This section also provides community outreach, partnership, and interaction through the administration of programs such as: 0 Crime Victim Liaison Assistance 0 Volunteers in Police Service 0 Youth Summer Camp 0 UNIDOS 0 Heroes and Helpers 0 Citizen's Police Academy 0 Crime Free Multi-Housing 0 CPA Association Alumni 0 Neighborhood CrimeWatch 0 Chaplaincy Program 4 �8 A successful new program, UNIDOS, is geared toward improving the quality of life for Spanish-speaking residents. This is accomplished by providing assistance in areas of relevance to the Hispanic Community and focusing on being a resource center to meet the needs of residents whose first language is Spanish. 1 To address the mental health needs of those within our community, the North Richland Hills Police Department now has a dedicated full-time Mental Health Police Officer who has received specialized training critical to the health and safety of our citizens suffering with mental health issues. The goal of the program is to reduce crisis contacts with police and better serve our special needs residents. The Training Section coordinates and delivers advanced, continued training opportunities and professional development of all department personnel to include annual weapons qualifications, a 40 hour in-service class, maintaining all licenses required or issued by the State of Texas, and roll-call training. The departmental fitness program is managed by a program leader and instructed by four voluntary law enforcement fitness specialists. One of the strengths of the police department's relationship with our community is the outstanding group of volunteers that assist us in accomplishing our mission. The Volunteers in Policing Service Program builds on the successful efforts in place throughout the country preventing crime and making communities safer and stronger. VIPS have successfully integrated into every section within the police department by focusing on tasks and duties suited to their abilities and the needs of the department. Division Technical Services Within the Technical Services Division are four sections: Communications, Detention, Property and Evidence, and Records. PV • The Property and Evidence Section provides the storage, safekeeping and disposal of all evidence and found or confiscated property taken in by police personnel as well as the management of all equipment needs for the department. • The Records Section serves as the record liaison for the public, the State and the FBI. This section is responsible for the processing and retenti on of all police records and provides the services necessary to track, file, and efficiently retrieve all police reports for the department as well as Activity outside agencies. Aloistumb 24,570 20A44 26,004 $1,793 Traffl.Sto, 20,091 26,033 28;1" %123 at The Communications Section is the public's link to police, fire, Total Activity 102,880 108,296 T1_,111 T15,1_14 ambulance, and City emergency and non-emergency services. The ���������������������Q��Q��Q��Q��Q��Q��� primary responsibility of the Communications Section is to provide ��I���UU�um��iilp�����uiii���µllyi{��lp�����„i{�����yi�u��u� citizens with the best possible response to their request for information �� VU V�UD1U�0 IV�U Ol or the need for service. • The Detention Services Section provides the detention, control and care of all prisoners in the jail facility. All prisoners are booked in accordance with accepted procedures and held until appropriate terms of release �ppp OF are satisfied. �� ���IrIVIIVI������ ������ After years of preparation, the Shared Detention and Communication ��iii � @� � �� � VIII Services Agreement between the cities of North Richland Hills, Watauga, Haltom City and Richland Hills became fully implemented in 2012. This consolidation of services has improved efficiency and cooperation between the cities and has saved taxpayers' money. This long-desired operation was achieved by eliminating unnecessary redundancies and compressing excess capacity in physical facilities and personnel. North Richland Hills serves as the host agency for sharing these services. C I�� .:I` ,- �I. s • �II VIII III Part N Crimes Population 1 e 1' 1 2006 2001 2010 2011 2012 2013 2014 2015 2016 • 0- .0' ..... 6.00 is e0 s 0 ! • e'0 0 . . . °III°1����� IIII�IIUpIIPppmlyuuummyiuul��f i� � � ��� � ��; Violent Crimes 2016 202 300 MVI 1,128 250 1,358 2015 225 200 79 150 2016 261 1,246 100 "' 84 84 1,320 50 2013 0 0 400 800 1,200 2p06 1009 2010 2012 2p14 2016 Theft ❑ Burglary ® Auto Theft 0 2016 — A Look Back TPCA Recognized The North Richland Hills Police Department first attained "recognized" status in December 2011 and held the distinction of being the 48th agency in the state to reach that benchmark set by the Texas Police Chiefs Association Law Enforcement Recognition Program. Four years later, the Police Department demonstrated compliance in 166 standards, and on January 26, 2016 was again awarded recognized status in this s exemplary class with now over 117 other Texas agencies. K-9 Koba joined the NRHPD Canine Unit in May 2016 with handler, Officer Chris Lizak. Koba is u two years old and is part Dutch Shepherd, part Belgian Malinois. He was selected for training as a police canine due to his high drive for toys and to hunt. Koba and Officer Lizak underwent a strenuous five week training course together. After successfully completing the t, training, Koba was certified in patrol and detection by NNDDA (National Narcotic Detector Do Association), a national) recognized organization. K-9 Koba is a welcome addition to L` Dog ) Y g g the North Richland Hills Police Department team. , Back the Blue Prayer Event The North Richland Hills Police Department, in conjunction with City officials and department chaplains, hosted a prayer event shortly after the tragic pr incident in Dallas, July 2016. This event brought hundreds of people to the steps of City Hall to honor the courage and sacrifice these officers showed that dark day. The staff and visitors also offered prayer and encouragement to the Officers of North Richland Hills as they carried out their duties after the heartbreak.ir Open Letter of Thanks from Law Enforcement Chief Perdue, as President of the North Texas Police Chiefs Association, led a campaign to show the community that the area police L departments were overwhelmed with the support after the Dallas events in July 2016. The letter and show of thanks was distributed via Dallas Morning News, Fort Worth Star Telegram and Clear Channel digital signs around the Dallas/Fort Worth market. Mental Health Police Officer To better serve a portion of our community in need of mental health services, the NRHPD now has a dedicated, full-time Mental Health Officer. Officer Chris Morgan has received specialized training to address the health and safety of citizens suffering with mental health issues. The goal of the program is to reduce crisis contacts with police and better serve citizens with special needs. North Richland Hills Motor Unit The Motor Unit for the North Richland Hills Police Department competed in multiple charity events in 2016 to include: Grapevine- Coppell Motor Rodeo, Spokes 4 Hope Police Rodeo , Grand Prairie Spring Classic and w ° r the Gulf Coast Police Motorcycle Skills Competition. They were awarded over 40 awards collectively throughout the year and numerous accolades. Not only did the unit gain an immense amount of training from these events, but were able to show financial and community support for such deserving charity events. North Richland Hills Bike Unit The bicycle patrol unit for the North Richland Hills Police Department, as well as the Volunteers in Policing bicycle unit, competed in N I�Wef ®J � ,i several charity events to include Alliance for Children Race Against Abuse and Highland Village Fallen Officers Bike Race. The team brought home numerous awards j fns tp j „t for overall and individual placement. r -• • •r r r - r • r r •r- r :r • • r •. - w F y��!pi•ri vff� Tf �/iu � 1111111� R:' r j f ry4 yIVIW/{a;/HAf�i�i���� rirrr{ 6�� ��`; a fur',f�`n�i�r{j�&��U�r!';�//drd�✓nos/H��r vw { r N r IEa» f I i r 1 JFfA� xfWw am o f� J�u uC �I Yru �r�i5'Jl`l��{a✓ems. � it/� "�iJ/i { ,,, ,,,,'NVivi�l111J5'i%f J l � � ����� 1 fff„v,F rr North Richland ills Fire-Rescue 2016 Year in Review Stan Tinnney, Fire Chief Members of the North Richland Hills Fire Department are very fortunate to serve a great community supported by outstanding city management and elected officials. Our department is able to provide the highest level of service possible because of the support and investment the community provides. Our members proudly serve and protect the community everyday. 2016 has proven to be a very busy year for the NRHFD. Not only have we exceeded 8,000 calls for service for the first time but we have also had a very busy and successful year in public education and prevention. With the support of the Council and our community we have approved replacement of one fire engine, two ladder trucks and the self contained breathing apparatus (SCBA) used by our firefighters in hazardous environments. We have successfully partnered with Birdville Independent School District (BISD) and Tarrant County College (TCC) to start the BISD Fire Academy. These and other accomplishments have made 2016 an effective and productive year. Our Mission Answering the call to strengthen our community's quality of life through dedicated service, coura eous members, stron leadership and honorin tradition. 1 it` i �. IryryI I r 4 I(( �I Courage * Compassion* Leadership * Dedication* Honor Page 1 Calls for Service: In 2016 total calls for service increased 6.14%. Since 2010 the average annual increase has been 5.97% and 4.96% increase over the past 10 years. • Total Calls 8,090, an increase of 6.14%. • EMS calls increase by 6.19% and totaled 5,640 calls. • Structure fire calls have increased slightly for the first time in three years. • Fire Alarms, Service Calls, Good Intent and Special Operation Calls increased again in 2016 at a rate of 5.53%. 9000 Total Calls-fo-r S so90 8000 7014 7189 7193 .7622 7000 6528 -- 6000 5740 5000 4000 ,. .. .. .. _ 3000 _ 2000 1000 2010 2011 2012 2013 2014 2015 2016 EMS Calls 6000 5000 . mmmmmmmm. 4000 mmi.. mm µM 3000 2000 1000 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Courage * Compassion* Leadership * Dedication* Honor Page 2 Response Time Response times are broken into three categories; call processing (from the initial contact with the call taker until the call is dispatched), turnout (from the time crews are notified of the call until the unit starts moving), travel (drive time to the incident). These categories are totaled to give the overall response time. Turnout and travel times combined have decreased an average of 12.3 seconds per call in 2016. Mutual Aid Trends Mutual aid is defined as given or received. When NRH units respond to a mutual aid city the aid is identified as "Given", when mutual aid units respond to our city it is identified as "Received". Mutual aid continues to be a vital part of the public safety delivery system in the North Tarrant County area. North Richland Hills proudly assists all of our neighbors who request assistance. In 2016 aid given to others increased by 20.31% (171 calls) and aid NRH received from others decreased 12.73% (15 calls). 10.4% of our overall calls for service are to provide mutual aid to our neighbors. Mutual aid EMS transports by other cities from NRH remained low at 1.21% of total EMS calls. Given Aid Received Aid 2012 2013 2014 2015 2016 Change 2012 2013 2014 2015 2016 Change Keller 26 39 27 36 32 -4 4 7 9 22 5 -17 Richland 55 130 107 199 292 93 10 59 52 79 94 15 Hills Watauga 56 158 160 317 352 35 13 27 40 50 58 8 Haltom City 8 41 54 41 82 41 2 32 21 25 18 -7 Hurst 35 38 33 61 61 0 9 23 20 48 36 -12 Colleyville 3 10 3 6 6 0 3 3 3 9 1 -8 Other 0 8 3 11 17 6 4 1 1 15 8 -7 183 424 387 671 842 171 45 152 146 235 220 -15 Station Response Analysis Station 5 was reactivated in December of 2015 and the Squad (cross staffed ambulance) was placed in service in March 2016. The use of this station has proven to provide the much-needed coverage to the southern portion of the city while allowing us to maintain appropriate coverage of the northern portion of the city. The decreased number of mutual aid calls received from the cities on our northern borders is a good indicator of the benefit we are seeing from Station 5. Courage * Compassion* Leadership * Dedication* Honor Page 3 3000 Response by District 2500 2000 111111112012 111111112013 1500 11W 2014 1000 111111112015 11111112016 500 1i Y I ,.... 11111111111111 ., Station 1 Staiton 2 Station 3 Station 4 Station 5 High Call Demand Locations North Richland Hills has many facilities that provide a variety of senior living assistance. These range from senior apartments that primarily provide cleaning, meals and minor living assistance to long-term skilled nursing facilities. Of the top ten addresses the NRHFD responds to, eight of those addresses are assisted senior living facilities. NRH currently has a minimum of 1,267 rooms available in these type facilities. The facilities that provide the least onsite assistance to the resident are the locations responded to by Fire/EMS personnel the most. In 2016 20.74% of all EMS calls responded to by NRHFD were to a senior assisted living facility. In order to establish the calls per capita we substituted the number of rooms available at a facility for the number of people. Senior living facilities require EMS service at a rate ranging from 0.40 calls per person each year at full nursing facilities to 1.61 calls per person each year at the less supportive senior style apartments. Calls for service continue to increase for assisted living facilities at approximately the same rate as EMS overall. Senior Assisted Living Calls 1400 1200 1051 1170 ......... 1000 962 800 600 400 200 0 2014 2015 2016 Courage * Compassion* Leadership * Dedication* Honor Page 4 Strategic Planning The NRHFD Strategic Plan was reviewed and revised in 2016 in order to implement a plan that includes five categories that will be updated annually. The use of these plans will enhance our ability to communicate, within the department and directly to the community, the plans, needs and progress of the fire department. The annual plans are available on the fire department web page. A comprehensive evaluation of fire station locations and conditions was started in 2016 and expected to be completed in early 2017. This plan will provide a long-range plan for fire station locations and needs. The five categories are; • Community Risk Reduction - public education, fire prevention and fire investigation. • Staffing — outline current and projected future staffing needs. • Apparatus — coordinates the apparatus replacement plan, future needs and evaluates changes in technology. • Facilities — coordinates the repairs, maintenance and future facility needs. • Training and Events — outlines fire and EMS training, community events and operational activities conducted throughout the year. Fire Marshal The Fire Marshal Division continues to conduct annual fire inspections, oversight of gas wells, plan reviews and fire cause investigation. In 2016 the fire education program in the local schools was modified to allow a more concentrated fire education message to third grade students. The program was welcomed by BISD and a success with the students. The Fire Marshal Division coordinated the 2016 fire department open house, which was a success with the community allowing our department to showcase some of the resources the department provides to the citizens along with a variety of fire prevention education demonstrations. CPR training classes continue to be offered to the public and NRH employees in 2016 certifying or recertifying hundreds of people in the life saving skill. Equipment Purchase In 2016 City Council approved the purchase of one fire engine, two ladder trucks and replacement of the self-contained breathing apparatus (SCBA). Delivery of the fire apparatus will be late 2017 for the engine and early 2018 for the ladder trucks. SCBA will be in service in the middle of 2017. We took delivery of the new ambulance replacing the unit in service at station 3 providing the "power load" capabilities on all three of our full time ambulances. This reduces the risk of injury of our personnel significantly by eliminating much of the lifting involved in transporting patients. Courage * Compassion* Leadership * Dedication* Honor Page 5 Community Health Paramedicine The Community Health Paramedicine program continued in 2016 with some modifications after conclusion of the pilot program. The program continued to show only a very small percentage of the high frequency patients could benefit from the program. In 2017 our efforts in the program will shift to identify a more effective means to address the non-medical issues some of the patients deal with. Personnel We are very fortunate to have the greatest group of men and women in the fire service as members in our department. While we will continue to move to a younger department the quality of our service and the character of our members remains the same. We had twelve additions to the team in 2016 due to vacancies created by retirements, resignations, vacancies carried over from 2015 and additional staffing added for Station 5. We had five members resign the department in 2016. Two of the personnel changed careers, two went to the City of Fort Worth and one retired. 2016 Retirees • Kevin Queppet retired after 28 years of service. Promoted in 2016 • Jase Smith promoted to Captain • Brandon Keith promoted to Driver/Engineer • Brandon Moore promoted to Driver/Engineer Hired in 2016 • Cole Belew • Eric Duran • Daniel Phillips • David Rodela • Caleb Scott • Preston Sloniger • Russel Andrews • Matthew Warschun • Casey Hanks • Denis Ferreira • Randy Wilson • Hunter Hayes Courage * Compassion* Leadership * Dedication* Honor Page 6 "RH NOK'1'H MCF11,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: 02/27/2017 SUBJECT: 2016 Racial Profiling Report PRESENTER: Jimmy Perdue Summary: The Police Department hired Alex del Carmen, PH.D., of Del Carmen Consulting to analyze racial profiling data collected by the Police Department during calendar year 2016. Dr. del Carmen concluded that the North Richland Hills Police Department has complied with the Texas Racial Profiling Law (SB1074). General Description: The 7711 Regular Session of the Texas Legislature passed Senate Bill 1074, an Act relating to the prevention of racial profiling by certain peace officers. This law specifically prohibited racial profiling by peace officers in Texas. This law also added, among other things, requirements for the training of peace officers. In addition, this law added Section 2.132 to the Texas Code of Criminal Procedure. This statute requires police departments to adopt a policy on racial profiling, which we have done. The North Richland Hills Police Department provided the required training to all its members before the statutory deadline of September 1, 2003. Most Patrol Section officers received this training before January 1, 2002 when key portions of the statute took effect. The Police Department continues to train new officers. The required policy on racial profiling must include a report to the governing body of each county or municipality served by the agency. The annual report must contain, "information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: a) the race or ethnicity of the individual detained; and b) whether a search was conducted and, if so, whether the person detained consented to the search." If the Police Department did not have video-recording equipment in all patrol cars and audio-recording devices for motorcycle officers, the required data collection and analysis would be much more extensive. It was reported to Dr. del Carmen by the Police Department that during calendar year 2016, three racial profiling complaints were received and were determined to be unfounded. The analysis of the 15-year traffic-related contact data suggested that the North Richland Hills Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past 15 years is in place despite the fact the city demographics may have changed, thus, increasing the number of subjects likely to come in contact with the police. Comparison of Traffic and Motor Vehicle-Related Contact Information 1/1/11---12/31/16 Race/Ethnicity* Motor Vehicle-Related Contacts (in percentages) 11 12 13 14 15 16 Caucasian 75 74 76 75 78 76 African 9 10 10 11 10 12 Hispanic 12 12 11 11 8 8 Asian 2 3 3 2 2 2 Native American .2 .2 .2 .3 4 .9 Middle Eastern .8 1 .9 1 8 1 Other 0 .3 0 0 0 0 Total 100** 100 100 100 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, Native American and Middle Eastern". **Figure has been rounded. Comparison of Traffic and Motor Vehicle-Related Search Information 1/1/11---12/31/16 Race/Ethnicity* Motor Vehicle-Related Searches (in percentages) 11 12 13 14 15 16 Caucasian 74 60 67 61 71 66 African 12 17 16 16 15 18 Hispanic 11 21 16 20 12 14 Asian 2 1 .9 3 1 2 Native American 0 0 0 0 .6 0 Middle Eastern .5 .3 .3 .6 0 .3 Other 0 0 0 0 0 0 Total 100** 100** 100 100 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, Native American and Middle Eastern". **Figure has been rounded. Comparison of Fourteen-Year Traffic and Motor Vehicle-Related Arrest Information 1/1/11---12131/16 Race/Ethnicity* Motor Vehicle-Related Arrests (in percentages) 11 12 13 14 15 16 Caucasian 78 57 63 59 65 66 African 12 15 18 16 12 20 Hispanic 8 27 17 22 22 13 Asian 1 1 1 3 .8 1 Native American .2 0 0 0 .2 0 Middle Eastern .2 .3 0 0 0 0 Other 0 0 0 0 0 0 Total 100** 100** 100 100 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, Native American and Middle Eastern". **Figure has been rounded. "RH NORTH MCF11,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Discussion of proposed changes to standards and regulations for massage establishments PRESENTER: Clayton Husband, Principal Planner GENERAL DESCRIPTION: In 2016, an interdepartmental task force began discussing the rise in the number of massage establishments in the city. Through these discussions, the task force identified the need for possible revisions to the standards and regulations contained in Chapter 18 (Businesses) and Chapter 118 (Zoning) of the Code of Ordinances as they relate to massage establishments. The existing regulations were created in the 1970s and do not reflect current industry standards and practices. An updated set of procedures and standards were developed based on the following key areas of improvement: • Align definitions with State regulations; • Replace the licensing requirement with the certificate of occupancy process; • Update the general standards, sanitary requirements, and registration of customers; • Delete outdated regulations related to industry standards and practice; • Eliminate vague and redundant language. The attached pages provide a complete copy of the proposed text for both Chapter 18 and Chapter 118 (Zoning) of the Code of Ordinances. On February 3, 2017, a copy of the summary and proposed text was mailed to the 11 licensed massage establishments in North Richland Hills inviting them to provide feedback or comments on the recommended standards. Staff requested comments be provided by February 17, 2017. No comments have been submitted. The proposed changes to the Code of Ordinances will be considered by City Council at the March 27, 2017 meeting. The Planning and Zoning Commission will consider the related zoning ordinance revision at the March 2, 2017 meeting. DRAFT-Updated and revised January 13,2017 ARTICLE V.-MASSAGE ESTABLISHMENTS L41 Footnotes: --(4)-- aW,e V,uminii 8 !,rence: IVll i:,, )� tiVI ,il lPy, V I +;.,h,„ U igp,iiinn, I(Io ) T, P01 vq DIVISION 1.-GENERALLY Sec. 18-311. - Definitions. The words, terms and phrases, when used in this Article shall have the meanings set forth in this section, except where the context clearly indicates a different meaning: Administrator means the Building Official of the city or any person designated by the city manager to administer the provisions of this Article. Crime of moral turpitude means any crime involving dishonesty, fraud, deceit, misrepresentation, or deliberate violence, or an act of baseness, vileness, or shameless conduct that shows a moral indifference to the social duties which an individual owes to his or her community. Department means the Texas Department of State Health Services. Licensee means the person or entity licensed by the State of Texas through the Texas Department of State Health Services to operate a massage establishment.The term Licensee shall also include operator. Massage establishment means a place of business that advertises or offers massage therapy or other massage services as defined herein and is licensed by the state of Texas in accordance with Chapter 455 of the Texas Occupations Code, and Title 25 of the Texas Administrator, as amended, including establishments variously known as massage parlors, and similar derivations.This term does not include beauty parlors or barber shops duly licensed by the State, or licensed hospitals, medical clinics, or licensed physical therapy facilities. Massage therapist means a person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, or any derivation of those titles. Massage therapy means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," "myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for"massage therapy." Other massage services include any services offered or performed for compensation at a massage establishment that involve physical contact with a client, and may include the use of oil, salt glow, a heat lamp, a hot and cold pack. Prohibited body areas means body areas defined as including all genital organs, sex organs, and private parts of the human body and shall include, but not be limited to, the male and female genital areas,female breasts, and the area of the human buttocks. Sec. 18-312.—Applicability of this Article. This Article shall not apply to: a) A place of business where a licensed massage therapist practices as a solo practitioner in a manner consistent with Chapter 455 of the Texas Occupations Code;or Page 1 DRAFT-Updated and revised January 13,2017 b) A person who is subject to state licensing as set forth in Chapter 455 of the Texas Occupations Code, while that person is practicing within the scope of that license and employs or contracts with a licensed massage therapist to provide massage therapy as a part of the person's practice. (Code 1975, § 14-1;Ord. No. 2818, § 1, 1-24-2005) Cross reference— Definitions generally, § 1-2. Secs. 18-313-18-330. - Reserved. DIVISION 2.–CERTIFICATE OF OCCUPANCY Sec. 18-331.–Certificate of occupancy required. a) It shall be unlawful for any person to obtain a certificate of occupancy to operate a massage establishment without first having provided proof of valid and current licenses issued by the State of Texas, in accordance with Chapter 455 of the Texas Occupations Code, for any massage therapist employed by the massage establishment and for the massage establishment. It shall further be unlawful for any person to operate a massage establishment after such licenses have been revoked, or during a period for which such licenses have been suspended. b) Such certificate of occupancy shall be issued only upon validation of all state licenses and requirements, upon the payment of all required fees as specified in section 18-335,and approval of the Administrator. c) Maintenance of a certificate of occupancy to operate a massage establishment shall require at least an annual inspection by the Administrator evidencing compliance with State licensing requirements for massage therapists and massage establishments as well as all applicable City ordinances and regulations. (Code 1975, § 14-2) Sec. 18-332.–Massage establishment license display. a) A massage establishment shall be licensed by the Department in accordance with state laws and regulations governing massage establishments. The license holder shall display such license in a prominent location in the massage establishment and make a copy of such license easily accessible and available for inspection by the public. b) Each licensed massage establishment must notify each client of the name, mailing address, and telephone number of the Department for the purpose of directing complaints to the Department. This information must be provided on a sign displayed in a prominent location in the massage establishment. (Code 1975, § 14-3) Sec. 18-333.–Authorization for criminal background checks. After an application has been made for a certificate of occupancy, the Administrator shall verify with the Department that the applicant has successfully passed a background check acceptable to the Department. In the event the Department has not conducted a criminal history background check at the time of application for the certificate of occupancy, the Administrator, in his or her discretion, may conduct a criminal history background check on the applicant, owner, operator, or investor in the massage establishment.An applicant is not eligible for a certificate of occupancy if the applicant, in the five years preceding the date of the application, has been finally convicted of a misdemeanor involving moral turpitude or a felony. Page 2 DRAFT-Updated and revised January 13,2017 (Code 1975, § 14-4) Sec. 18-334.—Employee List and Licenses. At the time of making application for the certificate of occupancy to operate a massage establishment, the applicant shall submit to the Administrator, the names and addresses of all employees of the massage establishment for which a certificate of occupancy is sought, a copy of the current State of Texas massage therapy license for each massage therapist, and a copy of the State of Texas massage establishment license for the establishment. (Code 1975, § 14-5) Sec. 18-335. - Fee; proration; refund. The fee for the certificate of occupancy shall be as established in Appendix A for each such massage establishment. If the certificate of occupancy is obtained between January 1 and June 30 of any year, the full amount of such fee shall be paid. If such certificate of occupancy is obtained between July 1 and December 31 of any year,the fee shall be one-half of such amount. No refund of certificate of occupancy fees shall be made. (Code 1975, § 14-6) Secs. 18-336. - Reserved. Sec. 18-337.—Issuance or Revocation of Certificate of Occupancy. (a) The Administrator may refuse to approve the issuance of or revoke any certificate of occupancy issued under this Article if the holder of such certificate or the owner, operator, manager, or employee of any massage establishment in the city commits any of the following acts or fails to comply with or meet any of the following requirements imposed by this Article: (1) Prior or subsequent final conviction in any court of a misdemeanor involving moral turpitude or a felony in accordance with Section 18-333. (2) Prior or subsequent final conviction of, entering a plea of nolo contendere or guilty to, or receiving deferred adjudication for an offense involving prostitution or any other sexual offense. (3) The occurrence at the massage establishment of any act or conduct in violation of this Article, including, but not limited to,the standards of operation set forth in section 18-361. (4) Massage of prohibited body areas. (5) Failure to submit current State licenses for the massage establishment and any massage therapist operating at the massage establishment. (6) Failure to properly register a customer or maintain a customer registration ledger as required by applicable state law. (7) Knowingly permitting a customer to provide false registration information. (8) Violation of the hours of operation as set forth in this Article. (9) Prohibiting entrance to the Administrator or a law enforcement officer for the purpose of inspection of the licensed premises or the books or records required to be kept by this Article. (10) Failure to provide the required books or records for inspection as required by this Article or applicable state law. Page 3 DRAFT-Updated and revised January 13,2017 (11) Performing any massage procedure, service or treatment, or asking or collecting a charge for same, other than the services displayed as required by section 18-361. (12) Violation of any of the sanitary requirements set forth in section 18-364. (13) Failure to display a list of services performed in the massage establishment as required by section 18- 361. (14) Failure to pass an inspection conducted by the Administrator or other designated officer in accordance with this Article. (b) The Administrator, or other officer as designated by the city manager, shall notify the applicant or licensee in writing of the decision to deny issuance or revoke a certificate of occupancy and list the reasons for such denial or revocation. The decision of the Administrator shall be final, unless, within ten (10) days of notice of the Administrator's decision, the applicant or Licensee provides sufficient evidence that such action causing the violation or conduct has been cured. If such violation has been cured to the satisfaction of the Administrator, or other designated officer, then the Certificate of Occupancy shall be promptly reinstated. If after the 10 day cure period, such violation or conduct is not cured to the satisfaction of the Administrator or other designated officer, such denial or revocation shall become final, unless appealed in writing to the city manager.The city manager shall review the evidence and render a decision within thirty (30) days of receipt of an appeal. The decision of the city manager shall be final. An applicant or licensee may not appeal a decision of the Administrator denying the issuance of or revocation of a certificate of occupancy denied or revoked pursuant to sections 18-337(a)(1), (a)(2), or(a)(5). (c) This section shall not prevent any applicant or licensee from complying with any other city code, ordinance, rule, regulation, or applicable state law governing zoning or certificates of occupancy. Sec. 18-338. - Inspection of massage establishments. a) The Administrator shall be authorized to inspect any massage establishment to determine or ensure compliance with the provisions of this Article during the hours of operation of the massage establishment. (b) Whenever necessary to inspect or enforce any of the provisions of this Article, the Administrator may enter the building or premises at all reasonable times during the hours of operation to conduct any duty authorized by this Article. If the building or premises are occupied,the Administrator must present proper credentials and request entry. If the building or premises are unoccupied,the Administrator must make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, or, if the owner or other person having charge or control of the building or premises cannot be located, the Administrator may exercise any and all enforcement powers granted bylaw to secure entry. (c) The Administrator reserves the right, and shall be authorized to, enter the premises at any time to inspect the massage establishment, if in the sole discretion of the Administrator, an inspection is required to protect the public health,sanitation or safety. (Code 1975,§ 14-11) Sec. 18-339.—Enforcement; Penalty for violation. a) The Administrator shall have primary responsibility for enforcing all provisions of this Article. Other officers of the City, as designated by the city manager, shall share responsibility for enforcing the provisions of this Article. b) The City may exercise any and all enforcement powers granted by law in enforcing the provisions of this Article. Page 4 DRAFT-Updated and revised January 13,2017 c) Any person or corporation who violates any of the provisions of this Article or fails to comply with any of the requirements thereof shall be guilty of a misdemeanor and subject to a fine as set forth in section 1-13 of this Code of Ordinances. Each day that a violation is permitted to exist shall constitute a separate offense. Any association, partnership, or corporation that violates this Article shall be guilty of a health and sanitation misdemeanor and subject to such fine. (Code 1975, § 14-9) Secs. 18-340-18-360. - Reserved. DIVISION 3.-STANDARDS OF OPERATION Sec. 18-361. -General standards. The following are standards for the operation of any massage establishment. It shall be unlawful for any license holder, owner, operator, or manager of a massage establishment to do or commit any of the following prohibited acts, fail to comply with the following standards, or knowingly permit any employee to do so. It shall further be unlawful for any employee or customer of a massage establishment to do or commit any of the following prohibited acts or fail to comply with the following standards,where herein imposed upon them. (1) A massage therapist shall be clothed from the shoulders to the knees at all times while administering massage therapy, other massage services, or in the presence of any customer. (2) A customer shall be covered at a minimum, from the waist down, at all times during massage therapy, or while receiving other massage services. (3) A massage establishment shall only operate between the hours of 8:OOam and 10:00pm (hours of operation). (4) The number of rooms where massage therapy is performed shall not exceed the number of licensed massage therapists employed by and working at the massage establishment. (5) Doors into areas or rooms where massage therapy is performed shall remain unlocked at all times. (6) A massage establishment shall not include any place or room that could be construed either directly or indirectly as living or sleeping quarters. (7) A detailed list of the various massage procedures, treatment, and services performed in the massage establishment and the respective charge or cost for each shall be in writing and displayed in a prominent location in the massage establishment and made easily accessible and available for inspection by the public. (8) A massage establishment shall not provide any bathing or shower services as a part of massage therapy or other massage services.This includes the use of bathhouses, table showers, cabinet baths,the use of tubs or showers, or any similar services. This section does not prohibit the use of showers by customers in separate dressing rooms or locker rooms. (Code 1975,§ 14-10) Sec. 18-362.- Employee lists. The manager,operator, or person in charge of a massage establishment shall maintain, on the premises, a list of the names and addresses of all employees, as required by the Department. The list shall be readily available for inspection upon the request of the Administrator or any law enforcement officer. (Code 1975,§ 14-12) Page 5 DRAFT-Updated and revised January 13,2017 Sec. 18-363.—Access. All massage establishments operating under the authority of this Article are declared public places, and during hours of operation, shall not have the doors to the entrances or exits of the massage establishment locked or obstructed in any way to prevent free ingress and egress of people. However,such doors may be closed. (Code 1975, § 14-13) Sec. 18-364. -Sanitary requirements. (a) General requirements. Each massage establishment shall be maintained in accordance with applicable state sanitary and health codes and regulations governing massage establishments. (b) Hand washing. All massage therapists and operators at a massage establishment shall wash their hands thoroughly before administering massage manipulations to any customer. (Code 1975, § 14-14) Sec. 18-365. - Registration of customers. a) The manager, operator, or other person in charge of a massage establishment shall maintain a complete written daily register listing the name, address, phone number, and type of identification provided for each customer. A current driver's license or other government-issued identification containing descriptive information consistent with the physical characteristics of such customer shall be d satisfactory personal identification in verifying the name and address of the customer. b) It shall be unlawful for any customer to give false identification as to name or address. It shall further be unlawful for the manager, operator or employees to knowingly permit a customer to give a false name or address. c) The daily register must be kept and maintained at the licensed establishment for two years. It shall be made available to the Administrator or a law enforcement officer for inspection upon request at any time during the hours of operation of the massage establishment. d) Licensees must provide an initial consultation to each client prior to the first massage session and obtain the signature of the client on a consultation document, as required by the Department of State Health Services. The consultation document must be maintained as required by the Texas Administrative Code. (Code 1975, § 14-15) Secs. 18-366-18-400. - Reserved. Page 6 DRAFT- Updated and revised January 13,2017 (",V::B:A:➢:a':➢TR 11.8 ZON.11A G ornmi 0')c upirtate d'Oau l6"� rdiri YPlch 4Mhipk'f lld P,,++R:i�iilfl+ Sec. 118-1.- Definitions. Massage establishment means a place of business that advertises or offers massage therapy or other massage services as defined herein and is licensed by the state of Texas in accordance with Chapter 455 of the Texas Occupations Code, and Title 25 of the Texas Administrative Code, as amended, including establishments variously known as massage parlors, and similar derivations.This term does not include beauty parlors or barber shops duly licensed by the State,or licensed hospitals, medical clinics, or licensed physical therapy facilities. Acupuncture clinic means a place of business that advertises or offers acupuncture and is licensed by the Texas State Board of Acupuncture Examiners in accordance with Chapter 205 of the Texas Occupations Code,as amended. Reflexology clinic/foot spa means a place of business that advertises or offers reflexology services associated with the application of pressure with thumb and finger techniques to reflexive areas of the lower one-third of the extremities,feet, hands,and outer ears based on reflex maps. Sec. 118-631. -Table of permitted uses. SECTION 118-631:TABLE OF PERMITTED USES RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS TOWN CENTER m — M — N n � T N m m 'Q- N C C C C E — T C F L 9 9 "O N ° O LL = N O 4 'v 'd 'd 'v -� d• T j a in a 2, E 6J O 2 E Vf C a' T T o J E = u n o -a w ° X S w LL .Y V J 3 N X u N LL LL LL d C O J .Y N W p L 3 te ° 9 N N E E o o rn o L u in in in N '" O J V V O s :E Q v v « v a p 1l N M V ID N rl N V' -O N W O d V V O 7 Q W V' V V Lt G. RETAIL AND 01 LR C1 C2 OC I1 12 U AG Town Center FC Massa e Establishment S S P P B Acupuncture Clinic I Reflexology Clinic I Foot Spa S S S S Notes: Current land use listed as "Massage Therapy/Acupuncture Clinic'. Massage establishment and other uses separated to distinguish between facilities licensed by the State of Texas and other land use types. "RH NORTH KICHI,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Approve minutes of the regular February 13, 2017 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of the Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the regular February 13, 2017 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE FEBRUARY 13, 2017 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 13th day of February at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Mike Curtis Managing Director Alicia Richardson City Secretary Maleshia B. Farmer City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6:00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING Council had no questions for staff. Mayor Trevino announced that staff would provide Council with a copy of recommended appointments to the Strategic Plan Committee. Mayor Trevino will present the names during the regular meeting for consideration and approval by City Council. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. There was no one present to introduce at the meeting. February 13, 2017 City Council Meeting Minutes Page 1 of 14 3. DISCUSS 2017 STATE LEGISLATIVE PROGRAM Assistant City Manager Karen Bostic provided an overview of the City's 2017 State Legislative Program. The program is a guide for legislators to inform them of the city's position on issues that may be raised during the legislative session. The session began January 10, 2017 and will conclude on May 29, 2017. The guiding principles remain the same as previous years: - opposition of any legislation that erodes the authority to govern our own local affairs; - the need for a predictable and sufficient level of revenue to build and maintain capital infrastructure and for ensuring citizens health and safety; - opposition of unfunded mandates; and - support for legislation that enhances the quality of life for our citizens Staff has identified the following as priority legislative issues: - preserve cities ability to govern their own affairs; - preserve local control of land use planning and zoning; - preserve an equal, fair and uniform property tax system; - preserve local revenue sources; - preserve the ability to use debt financing for capital projects; and - preserve the ability to provide public safety for our citizens Mayor Trevino asked staff to monitor legislation that would limit a municipality's authority to regulate ecigarettes. EXECUTIVE SESSION Mayor Trevino announced at 6:08 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071: consultation with city attorney to seek advice about pending or threatened litigation or a settlement offer, or other legal matters which are exempt from public disclosure under Texas Rules of Professional Conduct - Skyler Hotze v. City of North Richland Hills, Texas; Cause No. 153-282939-15 in the 153rd District Court of Tarrant County, Texas; and Section 551.072: deliberate the purchase, exchange, lease or value of real property - (1) 6609 Davis Boulevard and (2) 6617 Davis Boulevard. Executive Session began at 6:13 p.m. and concluded at 6:26 p.m. Mayor Trevino announced at 6:27 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING February 13, 2017 City Council Meeting Minutes Page 2 of 14 A. CALL TO ORDER Mayor Trevino called the meeting to order at 7:00 p.m. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. Farmer City Attorney A.1 INVOCATION Council member Wright Oujeksy gave the invocation. A.2 PLEDGE Council member Wright Oujesky, assisted by Boy Scout Troop 335, led the pledge of allegiance to the United States and Texas flags. Mayor Trevino recognized Sally Proffitt and her students from Tarrant County College. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 OATH OF OFFICE - COUNCIL MEMBER MIKE BENTON Council member Turnage administered the oath of office to newly appointed Council member Benton. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. February 13, 2017 City Council Meeting Minutes Page 3 of 14 B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE REGULAR JANUARY 23, 2017 CITY COUNCIL MEETING. B.2 APPROVE RESOLUTION NO. 2017-004, CALLING THE MAY 6, 2017 CITY COUNCIL ELECTION, AUTHORIZING A JOINT ELECTION AGREEMENT WITH OTHER TARRANT COUNTY POLITICAL SUBDIVISIONS AND CONTRACT WITH TARRANT COUNTY FOR ELECTION SERVICES. B.3 AUTHORIZATION TO REJECT ALL BIDS RECEIVED FOR BID NO. 17-003 FOR THE NRH2O BEACHSIDE BAY CABANA PROJECT. B.4 CONSIDER ORDINANCE NO. 3447, CORRECTING ORDINANCE NO. 3413, ABANDONING AND CLOSING A PORTION OF BIRCHWOOD DRIVE. C. PUBLIC HEARINGS CA SUP 2016-06, ORDINANCE NO. 3446, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS FOR A SPECIAL USE PERMIT FOR SINGLE-FAMILY COTTAGE LOTS LESS THAN 40 FEET WIDE IN THE HOME TOWN CANAL DISTRICT LOCATED IN THE 8800 BLOCK OF BRIDGE STREET. 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 is requesting a Special Use Permit for twenty-two (22) single-family cottage lots within the Town Canal District, located in the 8800 block of Bridge Street. The area is designated on the Comprehensive Land Use Plan as Town Center and the current zoning is TC Town Center. Mr. Comstock presented site photos of the property. Applicant Katherine Hodge, 3500 Maple Avenue, Suite 1165, Dallas, Texas 75219 presented item. She provided an overview of the development that began in 1999. The February 13, 2017 City Council Meeting Minutes Page 4 of 14 Special Use Permit is for twenty-two (22) cottage lots that are 35 feet in width. The cottages range from 1700-2525 square feet with a price range of $314,000-$391,000. The development will include a canal with front facing cottages. In response to questions from Council, Ms. Hodge identified parking areas in Phase 5. She commented that the canal will have three weirs to aerate the water and the depth of the canal is two feet in sections with an area that will be nine feet deep. The greenery depicted on the rendering for the canal will consist of aquatic plants. She confirmed the aquatic plants would not include cattails. The homeowner association will be responsible for maintaining the canal. Ms. Hodge confirmed the streets and alleys meet specification for city emergency vehicles. Planning Manager Clayton Comstock presented staffs report. In July 2014, City Council approved a Special Use Permit submitted by Arcadia Realty Corporation for nineteen (19) cottage lots in Phase 4. Mr. Comstock pointed out the twenty-two (22) single-family cottage lots take the place of approved town home lots, which results in an overall decrease in density. He informed Council an amendment to the Town Center Zoning District would come forward to decrease the number of town homes permitted on this phase from ninety-four (94) to seventy-three (73). The application offers diversity to housing options in Home Town. He commented there are additional architectural standards for cottage lots in the Town Center Zoning District. The submittal is reviewed by the town architect and city personnel. In response to parking for Phase 5, the cottages that front the canal will have rear parking located on Morris Mews, garage parking and a short driveway on each lot. As required for Town Center, all lots contain off-street parking. Visitors will be able to park along Morningside Drive, Morris Mews and Mangham Street. The Planning and Zoning Commission, at their January 19, 2017 meeting, recommended approval with a vote of 7-0. In response to questions from Council, Mr. Comstock commented that depending on the layout of each lot the driveway may accommodate a vehicle without sticking out into the street. Residents also have the option to parallel park in the driveway while staying out of the alley. In addition, they will also have their individual garages as required by City Code. He informed Council the applicant is required to submit a Special Use Permit for Phase 5A to consider a retention pond. The Council will have the opportunity to include stipulations with regard to vegetation associated with the canal. The Special Use Permit will also include a developer's agreement for the maintenance of the retention pond. Mr. Comstock informed Council the canal is intended to be recirculating and continuously flowing to discourage stagnant water. In response to emergency vehicles having access to the cottages facing the canal, Mr. Comstock informed Council the alleys are larger and meet the City's Code for adequate access of emergency vehicles. 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. February 13, 2017 City Council Meeting Minutes Page 5 of 14 A MOTION WAS MADE BY COUNCIL MEMBER BARTH, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE ORDINANCE NO. 3446. MOTION TO APPROVE CARRIED 7-0. C.2 ZC 2016-08, ORDINANCE NO. 3443, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TORINO, LLC FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-1 SINGLE FAMILY AND R-2 SINGLE FAMILY LOCATED AT 7509 CHAPMAN ROAD. CASE WITHDRAWN BY THE APPLICANT. WITHDRAWN Mayor Trevino opened the public hearing. He announced the request was withdrawn by the applicant so he would close the public hearing. There being no action required by Council, Mayor Trevino moved to the next item. DUE TO THE APPLICANT WITHDRAWING REQUEST, NO ACTION IS NECESSARY BY THE CITY COUNCIL. C.3 ZC 2016-20, ORDINANCE NO. 3444, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT FOR A ZONING CHANGE FROM R-2 SINGLE FAMILY TO U SCHOOL, CHURCH, AND INSTITUTIONAL LOCATED AT 4800 RUFE SNOW DRIVE AND 4801 VANCE ROAD. APPROVED Council member Benton completed and filed an affidavit of disqualification with the City Secretary stating that the applicant is his employer. Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to introduce the item. Mayor Trevino announced that Council member Benton has a conflict of interest and would be abstaining from discussion and voting on the item. Council member Benton left the dais at 7:39 p.m. Principal Planner Clayton Husband informed Council the applicant is requesting a zoning change for two existing school campuses--North Richland Middle School and Snow Heights Elementary--located at 4800 Rule Snow Drive and 4801 Vance Road, respectively. The area is designated on the Comprehensive Land Use Plan as February 13, 2017 City Council Meeting Minutes Page 6 of 14 Public/Semi-Public and the current zoning is R-2 Single Family Residential. Mr. Husband presented site photos of the property. Applicant representative Brenton Hite, 14001 Dallas Parkway, Dallas, Texas with PBK Architects presented item and was available to answer questions. Mr. Husband presented staffs report. The Planning and Zoning Commission, at their January 19, 2017 meeting, recommended approval with a vote of 7-0. He commented that several residents were present and expressed concern with the marquee sign. Following the Planning and Zoning Commission meeting, the applicant met with residents to discuss the zoning change and sign. 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. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE ORDINANCE NO. 3444. MOTION TO APPROVE CARRIED 6-0-1, WITH COUNCIL MEMBER BENTON ABSTAINING. CA TR 2017-01, ORDINANCE NO. 3448, PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO SECTION 118-631, TABLE OF PERMITTED USES, OF THE NORTH RICHLAND HILLS ZONING ORDINANCE REGARDING QUICK SERVICE RESTAURANTS. APPROVED Council member Benton returned to the dais at 7:44 p.m. Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to introduce the item. Principal Planner Clayton Husband informed Council the request is initiated by staff to require quick service restaurants be approved by Special Use Permit in C-2 Commercial, OC Outdoor Commercial and TC Town Center zoning districts. The text revision provides consistency in the zoning districts for quick service restaurants. The Planning and Zoning Commission, at their February 2, 2017 meeting, recommended approval with a vote of 6-0. Mayor Trevino called for anyone wishing to speak for or against the request to come February 13, 2017 City Council Meeting Minutes Page 7 of 14 forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3448. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT D.1 FP 2016-15 CONSIDERATION OF A REQUEST FROM BRITTON AND ASHLEY NEW FOR A FINAL PLAT OF LOTS 7 AND 8, BLOCK 2, CREEKSIDE ESTATES ADDITION ON 1.00 ACRES LOCATED IN THE 8700 BLOCK OF STEWART DRIVE AND AN ASSOCIATED DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS. APPROVED Principal Planner Clayton Husband informed Council the applicant is requesting a final plat for Lots 7 and 8, Block 2, for a one acre two-lot subdivision, located on the south side of Stewart Drive east of Simmons Road. The area is designated on the Comprehensive Land Use Plan as Low Density Residential and the current zoning is R-1 Single-Family Residential. Mr. Husband presented site photos of the property. Applicant Britton New, 2425 Carnation Avenue, Fort Worth, Texas presented request and was available to answer questions from Council. He informed Council he proposes to create two lots to construct his new home. Mr. Husband presented staffs report. The Planning and Zoning Commission, at their January 19, 2017 meeting, recommended approval with a vote of 7-0. Mr. Husband informed Council the approval of the final plat includes approval of a developer agreement. The agreement outlines the responsibility of the developer regarding roughly proportionate share of improvements for the development. A MOTION WAS MADE BY MAYOR PRO TEM WELCH, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE FP 2016-15 AND THE ASSOCIATED DEVELOPER AGREEMENT. MOTION TO APPROVE CARRIED 7-0. E. PUBLIC WORKS February 13, 2017 City Council Meeting Minutes Page 8 of 14 E.1 CONSIDER ORDINANCE NO. 3438, CREATING A TEMPORARY CONSTRUCTION SPEED ZONE TO ACCOMODATE CONSTRUCTION ALONG RUFE SNOW DRIVE FROM MID-CITIES BOULEVARD TO RIDGETOP ROAD. APPROVED City Engineer Caroline Waggoner presented item. The request is to approve an ordinance that creates a temporary construction speed zone of 30 miles per hour along Rufe Snow Drive. The purpose of the ordinance is to improve safety along the corridor. The construction speed zone will accommodate the roadway construction from Mid-Cities Boulevard to Ridgetop Road. Ms. Waggoner provided Council with an update on the Rufe Snow construction project. Mayor asked Caroline to work with Mary Peters to post information about the Rufe Snow construction project on the city's social media sites. The information will help the public understand the bidding process and time associated with the project. A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE ORDINANCE NO. 3438. MOTION TO APPROVE CARRIED 7-0. E.2 AUTHORIZE PURCHASE FROM DAVIS COMMONS LIMITED PARTNERSHIP FOR PROPERTY DESCRIBED IN PARCEL 1 EXHIBIT A TO BE USED AS PUBLIC STREET RIGHT-OF-WAY FOR THE DAVIS/MID-CITIES INTERSECTION PROJECT IN THE AMOUNT OF $57,660.68. APPROVED Managing Director Mike Curtis informed Council staff seeks their approval to purchase property for the acquisition of street right-of-way for the Davis/Mid Cities intersection improvement project. Mr. Curtis provided an update on the project. A MOTION WAS MADE BY MAYOR PRO TEM WELCH, SECONDED BY COUNCIL MEMBER LOMBARD TO AUTHORIZE PURCHASE FROM DAVIS COMMONS LIMITED PARTNERSHIP FOR PROPERTY DESCRIBED IN PARCEL 1EXHIBIT A FOR THE DAVIS/MID-CITIES INTERSECTION PROJECT IN THE AMOUNT OF $57,660.68. MOTION TO APPROVE CARRIED 7-0. F. GENERAL ITEMS February 13, 2017 City Council Meeting Minutes Page 9 of 14 F.1 CONSIDER RESOLUTION NO. 2017-003, APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE. APPROVED Mayor Trevino introduced the item. He advised that with the appointment of Council member Benton, a vacancy was created on the Planning and Zoning Commission, Place 2. Council member Wright Oujesky is recommending Jerry Tyner, who is currently serving as Ex-Officio, be appointed to Place 2 for the remainder of the term. Mayor Trevino informed Council he recommends the appointment of Justin Welborn to replace Jerry Tyner as Ex-Officio. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE RESOLUTION NO. 2017-003, AS DISCUSSED. MOTION TO APPROVE CARRIED 7-0. F.2 APPROVE AGREEMENT WITH DEAN ELECTRIC INC. DBA DEAN CONSTRUCTION FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THE DESIGN AND CONSTRUCTION OF THE NORTHFIELD PARK RENOVATION IN THE ANTICIPATED AMOUNT UP TO $3,850,000.00. APPROVED Assistant Director of Parks and Recreation Bill Thornton presented item. The purpose of the request is to award a contract for construction manager at risk services for the design and construction for the renovation of Northfield Park. The Capital Improvement Program includes funding for the project, which includes: renovation/construction of three (3) softball fields, concrete parking, roadway construction, hike and bike trails, sports field lighting, picnic pavilion, playground structure, tennis courts, basketball court, sand volleyball court, concession/restroom building, earthwork, utilities, turf establishment and irrigation. The construction manager at risk services contract is presented in two parts--(1) pre-construction services, which will be performed at no cost to the city, and (2) establishes the basis for fees associated with construction services. The guaranteed maximum price will be the sum of (1) the contractor's fee for providing construction services, plus (2) cost for field and office staff and costs identified for overhead and general conditions. February 13, 2017 City Council Meeting Minutes Page 10 of 14 A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE THE AGREEMENT WITH DEAN ELECTRIC INC. DBA DEAN CONSTRUCTION FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THE DESIGN AND CONSTRUCTION OF THE NORTHFIELD PARK RENOVATION IN THE ANTICIPATED AMOUNT UP TO $3,850,000 AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT. MOTION TO APPROVE CARRIED 7-0. F.3 APPROVE RESOLUTION NO. 2017-005 AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR THE TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM. APPROVED Assistant Director of Parks and Recreation Bill Thornton presented item. The purpose of the request is to consider a resolution authorizing the City of North Richland Hills to apply for matching grant funds from the Transportation Alternatives Set-Aside (TA Set-Aside) Program. Adoption of Resolution No. 2017-005 is a pre-requisite to completing the grant application package prior to the February 24, 2017 project nomination deadline. The program provides funding for active transportation facilities and improvements specifically focusing on regional and local network connectivity, access to public transportation, improving safety and providing safe trail and bike route crossings with roadway intersections. A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER BARTH TO APPROVE RESOLUTION NO. 2017-005. MOTION TO APPROVE CARRIED 7-0. F.4 AUTHORIZE THE PURCHASE OF 46 ZEBRA CITATION WRITERS AND PRINTERS FROM CDW GOVERNMENT LLC IN AN AMOUNT UP TO $118,997.00. APPROVED Assistant Police Chief Mike Young presented item and was available to answer questions. February 13, 2017 City Council Meeting Minutes Page 11 of 14 A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ITEM F.4. MOTION TO APPROVE CARRIED 7-0. F.5 CONSIDER RESOLUTION NO. 2017-006, CREATING AND APPOINTING MEMBERS TO A STRATEGIC PLAN COMMITTEE. APPROVED Planning Manager Clayton Comstock introduced item. The purpose of the committee is to recommend a strategic plan for North Richland Hills. The committee will be comprised of 15 members of the community and will meet monthly beginning in March, with a maximum project timeline of 18 months. The committee will consist of three (3) representatives from City Council; two (2) representatives from the Planning and Zoning Commission; and ten (10) members from the community at large. Staff is seeking Council's approval of Resolution No. 2017-006 that establishes the Committee and defines its charge and maximum project timeline of eighteen (18) months. Mayor Trevino announced the following persons are recommended to serve on the Strategic Plan Committee. City Council representatives: Mayor Pro Tern Welch Council member Tim Barth Council member Rita Wright Oujesky Planning and Zoning Commission representatives: Jerry Tyner Justin Welborn Members-at-Large: Amy Steele Blake Hedgecock Brent Barrow Danny Beltran Mark Wood Melissa Kates Skip Baskerville Suzy Compton Tracye Tipps Lee Knight (Alternate) February 13, 2017 City Council Meeting Minutes Page 12 of 14 Mayor Trevino entertained nominations for a member of Council to serve as Chair. Council member Wright Oujesky nominated Mayor Pro Tern Welch to serve as the Chair for the Strategic Plan Committee. There being no other nominations, Mayor Pro Tern Welch was appointed to serve as Chair. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE RESOLUTION 2017-006, APPOINTING COUNCIL MEMBERS WRIGHT OUJESKY AND BARTH AND MAYOR PRO TEM WELCH (TO SERVE AS CHAIR); PLANNING AND ZONING COMMISSION REPRESENTATIVES JERRY TYNER AND JUSTIN WELBORN; AND THE FOLLOWING AT-LARGE REPRESENTATIVES: AMY STEELE, BLAKE HEDGECOCK, BRENT BARROW, DANNY BELTRAN, MARK WOOD, MELISSA KATES, SKIP BASKERVILLE, SUZY COMPTON, TRACYE TIPPS, AND ALTERNATE LEE KNIGHT . MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced action is necessary as the result of Executive Session, pursuant to Local Government Code, Section 551.071: consultation with City Attorney to seek advice about pending or threatened litigation or settlement offer, or other legal matters which are exempt from public disclosure under Texas Rules of Professional Conduct - Skyler Hotze v. City of North Richland Hills, Texas: Cause No. 153-282939-15 in the 153rd District Court of Tarrant County, Texas. MAYOR PRO TEM WELCH MOVED, SECONDED BY COUNCIL MEMBER LOMBARD TO APPROVE COMPROMISE SETTLEMENT AGREEMENT IN THE MATTER OF SKYLER HOTZE V. CITY OF NORTH RICHLAND HILLS, CAUSE NO. 153-282939-15 IN THE AMOUNT OF $200,000. MOTION TO APPROVE CARRIED 7-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Barth made the following announcements. February 13, 2017 City Council Meeting Minutes Page 13 of 14 Registration is underway for the Park and Recreation Department's spring adult athletic leagues including softball, kickball, volleyball and basketball. Find more information and register online or at the NRH Centre. The Police Department UNIDOS Program will host a free Health Fair on Saturday, February 25 from 11:00 a.m. to 3:00 p.m. at Wiley G. Thomas Coliseum. The health fair will include 40 vendors and free blood pressure and health screenings for the entire family. Kudos Korner - Officer Tiffany LePenna with the Police Department - An employee with a roadside assistance company expressed appreciation for Officer LePenna's help when he was aiding a stranded motorist on Loop 820. She put out cones and flares to keep him safe while he worked to replace a blown out tire. Although he ran into some issues, she was patient, helpful and by far the most professional officer he has ever encountered. He is grateful that she took the time to help. Because of her, both he and the stranded motorist made it home ok, he said. Council member Turnage recognized Council member Rodriguez and Mayor Trevino for being recognized by the Northeast Chamber of Commerce at their 2017 Annual Awards Gala. Council member Rodriguez received the Siegrid Charbonnet Community Spirit Award and Mayor Trevino was presented with the Excalibur Award. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:32 p.m. Oscar Trevino, Mayor Alicia Richardson, City Secretary February 13, 2017 City Council Meeting Minutes Page 14 of 14 "RH NORTH MCF11,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Authorize a one (1) year purchase agreement with General Datatech, L.P. for Cisco hardware and software maintenance in the amount of $145,771.11. PRESENTER: Kyle Spooner, Director of Information Technology SUMMARY: The purchase of Cisco maintenance for the city's network infrastructure is necessary to continue to provide 24/7 technical support and/or replacement on all network hardware and software. GENERAL DESCRIPTION: Since 2008 Information Technology staff has worked with Cisco management and support staff to provide stability to the city's internal and external data network and telephone equipment. The purchase of this maintenance allows the ability to perform hardware and software programming updates, and replace failed equipment. It will cover all of our Cisco servers, core switches, telephone and wireless equipment. Additionally, they will work with staff to optimize, support and administer the city's network. At the January 14, 2008 City Council meeting, Council approved Cisco Systems as the city's standard for network and telephone equipment. Cisco has continued to maintain its leadership role in the technology market. As a Cisco certified value reseller, General Datatech participates in the State of Texas Department of Information Resources (DIR) cooperative purchasing program. By participating in the DIR cooperative purchasing program the city meets all State competitive bidding requirements for this purchase. The current DIR negotiated discount is 10 percent. Staff has negotiated with General Data tech to receive an additional 8.37 percent discount bringing the total discount for maintenance to 18.37 percent off of Cisco's list price. Following this one year purchase agreement, staff will seek another long term agreement for equipment and maintenance for the data network. RECOMMENDATION: Authorize a one (1) year purchase agreement with General Datatech, L.P. for Cisco hardware and software maintenance in the amount of$145,771.11. DIR Contract No. DIR-TSO-2542 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES CISCO SYSTEMS, INC. 1. Introduction A. Parties This Contract for Products and Related Services ("Contract") is entered into between the State of Texas (`State"), acting by and through the Department of Information Resources ("DIR") with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and Cisco Systems, Inc. ("Vendor"), with its principal place of business at 170 West Tasman Drive, San Jose, California 95134. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-TSO-TMP-215, on December 6, 2013, for Cisco Branded Equipment and Related Services. Upon execution of this Contract, a notice of award for RFO DTR-TSO-TMP-215 shall be posted by DTR on the Electronic State Business Daily. C. Order of Precedence This Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Appendix D, End User License Agreement; Appendix E, Service Agreement; Appendix F, Non-Entitlement Destroyed Products, Appendix Fl, Non-Entitlement Scrapped Products; Appendix F2, Non- Entitlement Stolen Products; Appendix F3, Non-Entitlement Non-Genuine Products; Appendix F4, Non-Entitlement Secondary Market Products; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP-215, including all addenda; and Exhibit 2, RFO DIR- TSO-TMP-215, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor. In the event of a conflict between the documents listed in this paragraph, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Appendix D, then Appendix E, then Appendix F, then Appendix F1, then Appendix F2, then Appendix F3, then Appendix F4, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The term of this Contract shall be one (1) year commencing on the last date of approval 10/30/13 Page 1 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. by DIR and Vendor. Prior to expiration of the original term, DIR may extend the Contract, by amendment for up to three (3) optional one-year terms. Protracted contract negotiations may, in DIR's sole discretion, result in fewer optional renewal terms. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Cisco Branded products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of the RFO and products awarded based on the posting described in Section 1.13 above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.13 above. B. Services Services available under this Contract are limited to Cisco Branded services as specified in the RFO and Appendix C, Pricing Index. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section LB above. C. Emerging Technologies and Future Acquisitions DTR recognizes that technology is ever-evolving and advancing. DIR reserves the right to consider the addition of emerging technology such as next generation, enhancements and upgrades for products or services that are within the scope of data communications and networking equipment and related services. Vendor may propose such products or services throughout the term of the contract. Pricing and terms will be negotiated upon DIR acceptance. Any determination will be at DIR's sole discretion and any decision will be final. In addition, Texas DIR and Vendor may mutually agree to add future acquisitions of Cisco to the contract. Subsequent terms of the acquisition(s) and pricing will be mutually agreed upon in writing and amended under the contract. 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall include the D1R Administrative Fee. 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the Net Purchase Price (as later defined in this Section) to Customers pursuant to this Contract is three quarters of one percent (.75%). For example, the administrative fee for sales totaling $100,000 shall be $750.00. "Net Purchase Price" = Vendor's product list price, minus all applicable contract discounts, rebates or value added incentives and excluding sales, use or other applicable taxes, surcharges or like fees, to the extent applicable to an order. 10/30/13 Page 2 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon thirty (30) days advance written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated by Vendor in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Dana L. Collins, CTPM, CTCM Manager, Contract and Vendor Management Department of Information Resources 300 W. 15111 St., Suite 1300 Austin, Texas 78701 Phone: (512) 936-2233 Facsimile: (512) 475-4759 Email: dana.coIIinS(ddlr.texas.aov If sent to the Vendor: Mimi Farr Cisco Systems, Inc. 2375 E. Camelback Road, 4th Floor Phoenix, AZ 85016 Phone: 408-527-2627 Email: mimngrye(a>cisco.com 7. Software License and Service Agreements A. End User License Agreement 1) Customers acquiring software licenses under the Contract shall hold, use and operate such software subject to compliance with the End User License Agreement set forth in Appendix D of this Contract. No changes to the End User License Agreement terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D. Vendor and Order Fulfiller shall make the End User License Agreement terms and conditions available to all Customers at all times. 2) Compliance with the End User License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer's compliance with the End User License Agreement. If DIR purchases software licenses for its own use under this Contract, it shall be responsible for its compliance with the End User License Agreement terms and conditions. 10/30/13 Page 3 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. B. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. C. Service Agreement Services provided under this Contract shall be in accordance with the Service Agreement as set forth in Appendix E of this Contract. No changes to the Service Agreement terms and conditions may be made unless previously agreed to by Vendor and DIR. D. Conflicting or Additional Terms Tn the event that conflicting or additional terms in Vendor Software License Agreements, Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. 8. Authorized Exceptions to Contract or any Appendices. A. Section 3. Definitions, G. Purchase Order is hereby replaced in its entirety as follows: Purchase Order - the Customer's fiscal form or format, which is used when making a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase Order, or other authorized instrument). The terms of this agreement supercedes any terms printed on Customer's Purchase Order and any Purchase Order terms are null and void. B. Section 4. General Provisions, D. Assignment is hereby replaced in its entirety as follows: DIR or Vendor may assign the Contract without prior written approval to: i) a successor in interest (for DIR, another Texas state agency as designated by the Texas Legislature), or ii) a subsidiary, parent company or affiliate, or iii) as necessary to satisfy a regulatory requirement imposed upon a party by a governing body with the appropriate authority. Assignment of the Contract under the above terms shall require 10/30/13 Page 4 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. written notification by the assigning party. Any other assignment by a party shall require the written consent of the other party. Each party agrees to cooperate to amend the Contract as necessary to maintain an accurate record of the contracting parties. C. Section 5. Intellectual Property Matters is hereby replaced in its entirety as follows: This contract does not contemplate, authorize or support acquisition of custom software products or services. If Vendor and Customer seek to contract for such product or service, they must use a separate contract or seek amendment with DIR of this contract. If DIR and Vendor decide to authorize customized software or hardware products; then the intellectual property language will be negotiated and applied. D. Section 7. Contract Fulfillment and Promotion, A. Service, Sales and Support of the Contract is hereby replaced in its entirety as follows: Vendor shall provide service, sales and support resources to serve all Customers throughout the State. It is the responsibility of the Vendor to sell, market, and promote services available under the Contract. Vendor shall use its commercially reasonable efforts to ensure that potential Customers are made aware of the existence of the Contract. All sales to Customers for services available under the Contract shall be processed through the Contract. E. Section 7. Contract Fulfillment and Promotion, E. Internet Access to Contract and Pricing Information is hereby replaced in its entirety as follows: 1) Vendor Website Within thirty days of the effective date of the Contract, Vendor will establish and maintain a website specific to the product and service offerings under the Contract which is clearly distinguishable from other, non-DIR Contract offerings at Vendor's website. The website must include: the product and services categories offered, product and service specifications (if applicable), Contract pricing, designated Order Fulfillers, contact information for Vendor and designated Order Fulfillers, instructions for obtaining quotes and placing Purchase Orders, and warranty and return policies. The Vendor's website shall list the DIR Contract number, reference the DIR Information and Communications Technology (ICT) Cooperative Contracts program, display the DIR logo in accordance with the requirements in paragraph F of this Section, and contain a link to the DIR website for the Contract. 2) Accurate and Timely Contract information Vendor warrants and represents that the website information specified in the above paragraph will be accurately and completely posted, maintained and displayed in an objective and timely manner. Vendor, at its own expense, shall correct any non- conforming or inaccurate information posted at Vendor's website within thirty (30) business days after written notification by DIR. 10/30/13 Page 5 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. 3) Website Compliance Checks Periodic compliance checks of the information posted for the Contract on Vendor's Website will be conducted by DIR. Upon request by DIR, Vendor shall provide verifiable documentation that pricing listed upon this website is uniform with the pricing as stated in Section 4 of the Contract. 4) Website Changes Vendor hereby consents to a link from the DIR Website to Vendor's website in order to facilitate access to Contract information. The establishment of the link is provided solely for convenience in carrying out the business operations of the State. DIR reserves the right to terminate or remove a link at any time, in its sole discretion, without advance notice, or to deny a future request for a link. DIR will provide Vendor with subsequent notice of link termination or removal. Vendor shall provide DIR with timely written notice of any change in URL or other information needed to access the site and/or maintain the link. 5) Use of Access Data Prohibited If Vendor stores, collects or maintains data electronically as a condition of accessing Contract information, such data shall only be used internally by Vendor for the purpose of implementing or marketing the Contract, and shall not be disseminated to third parties or used for other marketing purposes. The Contract constitutes a public document under the laws of the State and Vendor shall not restrict DIR or Customer access to Contract terms and conditions including pricing, i.e., through use of restrictive technology or passwords. 6) Responsibility for Content Vendor is solely responsible for administration, content, intellectual property rights, and all materials at Vendor's website. DIR reserves the right to require a change of listed content if, in the opinion of DIR, it does not adequately represent the Contract. F. Section 7. Contract Fulfillment and Promotion, G. Vendor and Order Fulfiller Logo is hereby replaced in its entirety as follows: In the event DIR should need use of Vendor Logo, written mutually agreed upon criteria will be coordinated with Vendor. G. Section S. Purchase Orders, invoices, Payments, C. Customer Price, is hereby replaced in its entirety: 1) The price to the Customer shall be calculated as follows: Customer Price=MSRP—Customer Discount 2) Customers purchasing products and services under this Contact may negotiate more advantageous pricing or participate in special promotional offers. in such event, a copy of such better offerings shall be furnished to DIR upon request. 3) If pricing for Vendor's products or services available under this Contract are 10/30/13 Page 6 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. provided at a lower price to: (i) an eligible Customer in Texas who is not purchasing those products or services under this Contract or (ii) any other Texas entity or consortia authorized by Texas law to sell said products and services to eligible Customers, then the available Customer Price in this Contract shall be adjusted to that lower price prospectively. This requirement applies to products or services quoted directly by Cisco Systems, Inc. for a quantity of one (1) under like terms and conditions, and does not apply to volume or special pricing purchases. Upon either Customer's notice to Vendor, or Vendor's notice to Customer that the party(ies) have become aware of this pricing differential and the pricing differential has been confirmed by Vendor or Customer provides reasonable confirmation to Vendor, this Contract shall be amended within ten (10)business days to reflect the lower price. A. Section 8. Purchase Orders, Invoices, Payments, A. Changes to Prices, is hereby replaced in its entirety: Vendor may change the price of any product or service at any time, based upon changes to the MSRP, but discount levels shall remain consistent with the discount levels specified in this Contract. Price decreases shall take effect once 1) Vendor notifies DTR of any pricing changes and 2) the pricelist has been updated / posted on the DIR webpage. 1. Section 8. Purchase Orders, invoices, Payments, L. Transfer of Title is hereby added to this section as follows: Transfer of Title shall occur upon acceptance of goods. Customer shall have five (5) business days after delivery to accept product. Absent written rejection within the five (5) business days, product will be deemed accepted without waiving the right to return product as set forth under Vendor warranty provisions. J. Section 9. Contract Administration, B. Reporting and Administrative Fees is hereby replaced in its entirety: 1) Reporting Responsibility a) Vendor shall be responsible for reporting all products and services purchased through Order Fulfillers under the Contract. Vendor shall file the monthly reports, subcontract reports, and pay the administrative fees in accordance with the due dates specified in this section. b) DIR shall have the right to verify required reports and to take any actions necessary to enforce its rights tinder this section, including but not limited to, compliance checks of Vendor's applicable Contract books at DTR's expense. 2) Detailed Monthly Report Vendor shall electronically provide DIR with a detailed monthly report in the format required by DIR showing the dollar volume of any and all Net Purchase Price for invoices billed under the Contract for the previous month period. Reports shall be submitted to the DIR ICT Cooperative Contracts E-Mail Box at 10/30/13 Page 7 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. ict.salesndir.texas.gov. Reports are due on the fifteenth (15'h) calendar day after the close of the previous month period. It is the responsibility of Vendor to collect and compile all sales under the Contract from participating Order Fulfillers and submit one (1) monthly report. The monthly report shall include, per transaction: the detailed sales for the period, the Order Fulfiller's company name, if applicable, Customer name, invoice date, invoice number, description, part number, manufacturer, quantity, unit price, extended price, Customer Purchase Order number, contact name, Customer's complete billing address, and other information as required by DIR. Each report must contain all information listed above per transaction or the report will be rejected and returned to the Vendor for correction in accordance with this section. 3) Historically Underutilized Businesses Subcontract Reports a) If Historically Undertttilized Businesses are used by Vendor, Vendor shall electronically provide each Customer with their relevant Historically Underutilized Business Subcontracting Report, pursuant to the Contract, as required by Chapter 2161, Texas Government Code. Reports shall also be submitted to DTR. b) Reports shall be due in accordance with the CPA rules. 4) DIR Administrative Fee a) An administrative fee shall be paid by Vendor to DIR to defray the DIR costs of negotiating, executing, and administering the Contract. The maximum administrative fee is set by the Texas Legislature in the biennial General Appropriations Act. Payment of the administrative fee shall be due on the fifteenth (15th) calendar day after the close of the previous month period. DIR may change the amount of the administrative fee upon thirty (30) days written notice to Vendor without the need for a formal contract amendment. b) Vendor shall reference the D1R Contract number on any remittance instruments. 5) Accurate and Timely Submission of Reports a) The reports and administrative fees shall be accurate and timely and submitted in accordance with the due dates specified in this section. Vendor shall correct any inaccurate reports or administrative fee payments within three (3) business days upon written notification by DIR. Vendor shall deliver any late reports or late administrative fee payments within ten (10) business days upon written notification by DIR. If Vendor is unable to correct inaccurate reports or administrative fee payments or deliver late reports and fee payments within three (3) business days, Vendor must contact DIR and provide a corrective plan of action, including the timeline for completion of correction. The corrective plan of action shall be subject to DTR approval, such approval not unreasonably withheld. b) Should Vendor fail to correct inaccurate reports or cure the delay in timely delivery of reports and payments within the corrective plan of action timeline, DTR reserves the right to require an independent third party audit of the Vendor's records as specified in C.3 of this Section, at DIR's expense. 10/30/13 Page 8 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. c) Failure to timely submit three (3) reports within any rolling twelve (12) month period may, at D1R's discretion,result in termination of Vendor's Contract. K. Section 9. Contract Administration, C. Records and Audit, paragraph 3) is hereby amended as follows: Vendor and/or Order Fulfillers shall grant access to all paper and electronic records, books, documents, accounting procedures, practices and any other items relevant to the performance of the Contract to the DIR Internal Audit department or DIR Contract Management staff, including the compliance checks designated by the DIR Internal Audit department, DIR Contract Management staff, the State Auditor's Office, and of the United States, and such other persons or entities designated by DIR for the purposes of inspecting, Compliance Checking and/or copying such books and records. Vendor and/or Order Fulfillers shall provide copies and printouts requested by DIR without charge. DIR shall provide Vendor and/or Order Fulfillers thirty (30) business days' notice prior to inspecting, Compliance Checking, and/or copying Vendor's and/or Order Fulfiller's records. Vendor's and/or Order Fulfillers records, whether paper or electronic, shall be made available during regular office hours. Vendor and/or Order Fulfiller personnel familiar with the Vendor's and/or Order Fulfiller's books and records shall be available to the DIR Internal Audit department, or DIR Contract Management staff and designees as needed. Vendor and/or Order Fulfiller shall provide adequate office space to DTR staff during the performance of Compliance Check. If Vendor is found to be responsible for inaccurate reports, DIR may invoice for the reasonable costs of the audit, which Vendor must pay within thirty (30) days of receipt. L. Section 10. Vendor Responsibilities, A. indemnification, 2) Acts or Omissions is hereby replaced in its entirety as follows: Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR PERMITTED ASSIGNEES, FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED REASONABLE COSTS, ATTORNEY FEES, AND EXPENSES resulting from bodily injury (including death) or damage to tangible property to the extent directly arising out of, or resulting from any negligent acts or omissions, or willful misconduct of the Vendor or its agents, employees, or subcontractors, in the execution or performance of the Contract and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS AND BY CUSTOMER'S LEGAL COUNSEL FOR NON-STATE AGENCY CUSTOMERS. 10/30/13 Page 9 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. M. Section 10. Vendor Responsibilities, A. Indemnification, 3) Infringements is hereby replaced in its entirety as follows: a) Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES, from any and all third party claims for infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO PAY ALL REASONABLE COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES FOR STATE AGENCY CUSTOMERS. THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS AND BY CUSTOMER'S LEGAL COUNSEL FOR NON-STATE AGENCY CUSTOMERS. Notwithstanding the foregoing, such indemnity shall not apply, and Vendor shall have no liability, for any claim of infringement caused solely by: a) Modification of a product by Customer or a third party b) The amount or duration of use which Customer makes of the Product, revenue earned by Customer from services it provides that use the Product, or services offered by Customer to external or internal customers c) Combination, operation, or use of a product with non-Cisco products, software or business processes d) Customer's use of the products after Vendor informs Customer of modifications or a change required to avoid such claims and offers to implement those changes e) any modifications made to the Product by the Vendor pursuant to Customer's specific instructions. b) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor's sole option and expense: (i) procure for the Customer the right to continue to use the affected portion of the product or service, (ii) modify or replace the affected portion of the product or service with ftmctionally equivalent or superior product or service so that Customer's use is non-infringing. 10/30/13 Page 10 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. N. Section 10. Vendor Responsibilities, B. Taxes/Worker's Compensation/ UNEMPLOYMENT INSURANCE, Paragraph 2) is hereby replaced in its entirety as follows: VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, REASONABLE ATTORNEYS' FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING REASONABLE ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. O. Section 10 Vendor Responsibilities, C. Vendor Certifications, (vii) is hereby replaced in its entirety as follows and add(xvi): (vii) Vendor and its principals are not suspended or debarred from doing business with the federal government as listed in the System for Award Management (SAM) maintained by the General Services Administration; (xvi) represent and warrant that the Customer's payment and their receipt of appropriated or other funds under this Agreement are not prohibited by Sections 556.005 or Section 556.008, Texas Government Code. P. Section 10. Vendor Responsibilities, H. Confidentiality is hereby replaced in its entirety as follows: 1) Vendor acknowledges that DIR and Customers that are state agencies are government agencies subject to the Texas Public Information Act. Vendor also acknowledges that DIR and Customers that are state agencies will comply with the Public Information Act, and with all opinions of the Texas Attorney General's office concerning this Act. 2) Under the terms of the Contract, DIR may provide Vendor with information related to Customers. Vendor shall not re-sell or otherwise distribute or release Customer information to any party in any manner. a) Customer and Vendor agree that in connection with this Contract and their relationship, they may obtain Confidential Information. The receiving party shall 10/30/13 Page 11 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. at all times keep in trust and confidence all such Confidential information, and shall not use such Confidential Information other than as expressly authorized by the disclosing party under this Agreement, nor shall the receiving party disclose any such Confidential Information to third parties without the disclosing party's written consent. Notwithstanding the above, Vendor shall be authorized to disclose Customer's Confidential Information to contractors or employees of a Vendor entity who have a legitimate business need to have access to such information. As allowed under record and retention policies and laws, the receiving party shall immediately return to the disclosing party all Confidential Information (including copies thereof) in the receiving party's possession, custody, or control upon termination or expiration at any time and for any reason of this Agreement. The obligations of confidentiality shall not apply to information which (a) has entered the public domain, except where such entry is the result of the receiving party's breach of this Agreement; (b) prior to disclosure hereunder was already rightfully in the receiving parry's possession; (c) subsequent to disclosure hereunder is obtained by the receiving party on a non-confidential basis from a third party who has the right to disclose such information to the receiving party. The receiving party will be authorized to disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the receiving party provides (i) prior written notice to the disclosing parry of such obligation and (ii) the opportunity to oppose such disclosure. Customer may disclose information necessary to comply with the Texas Public Information Act. Vendor shall not disclose, advertise, or publish the terms and conditions of this Agreement without the prior written consent of the Customer. Any press release or publication by Vendor regarding this Agreement is subject to prior review and written approval of DIR and Customer. Customer may publish the contract in its customary manner or as required by law or for the conducting of public business. Q. Section 10. Vendor Responsibilities, J. Background and/or Criminal Histon, Investigation is hereby replaced in its entirety as follows: Prior to commencement of any services, background and/or criminal history investigation of the Vendor and/or Order Fulfiller's employees and subcontractors who will be providing services to the Customer under the Contract may be performed by certain Customers requiring such investigations. Subject to Customer underwriting the costs incurred for investigations of Vendor's personnel who voluntarily elect to undergo such screening to perform Services, Customer will interface directly with such personnel regarding scheduling the testing and results. Customer understands and agrees that such testing results shall not be communicated directly to Cisco. However, to the extent Customer requires additional candidates for such screening, Cisco will direct volunteers to Customer for follow up. if any Vendor employee refuses to so agree to an investigation, such employee may be denied access to Customer's premises. Should any employee or subcontractor of the Vendor and/or Order Fulfiller who will be providing services to the Customer under the Contract not be acceptable to the Customer as a result of the background and/or criminal history 10/30/13 Page 12 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. check, then Customer may immediately terminate its Purchase Order and related Service Agreement or request replacement of the employee or subcontractor in question. R. Section 10. Vendor Responsibilities, K. Limitation of Liability is hereby replaced in its entirety as follows: For any claim or cause of action arising under or related to the Contract: i) to the extent permitted by the Constitution and the laws of the State of Texas, none of the parties shall be liable to the other for punitive, special, incidental, indirect, lost revenue or lost profits, or consequential damages, whether arising in contract, tort (including negligence) or otherwise even if it is advised of the possibility of such damages; and ii) Vendor's liability for damages of any kind to the Customer shall be limited to the total amount paid to Vendor under the Contract during the twelve months immediately preceding the accrual of the claim or cause of action. However, this limitation of Vendor's liability shall not apply to claims of patent, trademark, or copyright infringement. S. Section 10. Vendor Responsibilities, N. Required Insurance Coverage is hereby replaced in its entirety as follows: As a condition of this Contract with DIR, Vendor shall provide certificates of insurance, or other proof of insurance, reflecting the maintenance of the listed insurance coverage within 5 days of execution of the Contract if the Vendor is awarded services which require that Vendor's employees perform work at any Customer premises and/or use employer vehicles to conduct work on behalf of Customers. In addition, when engaged by a Customer to provide services on Customer premises, the Vendor shall, at its own expense, secure and maintain the insurance coverage specified herein, and shall provide proof of such insurance coverage to the related Customer within five (5) business days following the execution of the Purchase Order. Vendor may not begin performance under the Contract and/or a Purchase Order until such proof of insurance coverage is provided to, and approved by, DIR and the Customer. All required insurance must be issued by companies that have an A.M. Best's financial rating of A- or better and duly licensed, admitted, and authorized to do business in the State of Texas. The Customer and DIR will be named as Additional Insureds on all required coverage. Required coverage must remain in effect through the term of the Contract and each Purchase Order issued to Vendor there under. In the event Vendor receives notice of cancellation of coverage, Vendor shall promptly replace such coverage so that no lapse in insurance occurs. The minimum acceptable insurance provisions are as follows: 1) Commercial General Liability Commercial General Liability must include a combined single limit of$500,000 per occurrence for coverage A, B, & C including products/completed operations, where appropriate, with a separate aggregate of $500,000. The policy shall contain the following provisions: 10/30/13 Page 13 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. a) Blanket contractual liability coverage for liability assumed under the Contract; b) Independent Contractor coverage; c) State of Texas, DIR and Customer listed as an additional insured; but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant to this Agreement; and d) Waiver of Transfer Right of Recovery Against Others in favor of DIR and/or Customer, but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant to this Agreement. 2) Workers' Compensation Insurance Workers' Compensation Insurance and Employers' Liability coverage must include limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308-1.01 et seq. Tex. Rev. Civ. Stat) and minimum policy limits for Employers' Liability of$250,000 bodily injury per accident, $500,000 bodily injury disease policy limit and $250,000 per disease per employee. 3) Business Automobile Liability Insurance Business Automobile Liability Insurance must cover all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternative acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability per accident. The policy shall contain the following endorsements in favor of DIR and/or Customer: a) Waiver of Subrogation, but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant to the terms of this Agreement; b) Definition of Insured to include those parties to whom Vendor owes contractual liability coverage. T. Section 11. Contract Enforcement, B. Termination, 2) Absolute Right is hereby replaced in its entirety as follows: DIR shall have the absolute right to terminate the Contract without recourse in the event that: i) Vendor becomes listed on the prohibited vendors list authorized by Executive Order #13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control; ii) Vendor becomes suspended or debarred from doing business with the federal government as listed in the System,f6r Anard Management (SAM) maintained by the General Services Administration; or (iii) Vendor is found by DiR to be ineligible to hold this Contract trader Subsection (b) of Section 2155.006, Texas Government Code. Vendor shall be provided written notice in accordance with Section 12.A, Notices, of intent to terminate. 10/30/13 Page 14 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. U. Section 11. Contract Enforcement, C. Force Majeure is hereby replaced in its entirety as follows: DIR, Customer, Vendor or Order Fulfiller may be excused from performance under the Contract for any period when performance is prevented as the result of an act of God, strike, war, civil disturbance, epidemic, or court order, provided that the party experiencing the event of Force Majeure has prudently and promptly acted to take any and all steps that are within the party's control to ensure performance and to shorten the duration of the event of Force Majeure. The party suffering an event of Force Majeure shall provide notice of the event to the other parties when commercially reasonable. Subject to this provision, such non-performance shall not be deemed a default or a ground for termination. However, a Customer may terminate a Purchase Order if it is determined by the Customer that Order Fulfiller will not be able to deliver product or services in a timely manner to meet the business needs of the Customer. V. Appendix D, End User License Agreement to DIR-TSO-2542 the following applies: The following terms of Vendor's End User License Agreement shall have the same priority as the ternis of this final contract document: SECTIONS HEREIN ENTITLED "LICENSE", "GENERAL LIMITATIONS", "SOFTWARE, UPGRADES AND ADDITIONAL COPIES", "PROPRIETARY NOTICES", "CUSTOMER RECORDS" AND "IDENTIFIED COMPONENTS". (Remainder of page intentionally left blank) 10/30/13 Page 15 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. Cisco Systems, Inc. Authorized By:_Signature on File Name: Phil Lozano Title: Director of Finance Date: 5/5/14 The State of Texas, acting by and through the Department of information Resources Authorized By:_Signature on File Name: Karen Robinson Martin Zelinsky for Karen Robinson Title: Executive Director Date: 5/5/14 Office of General Counsel: drb 515114 10/30/13 Page 16 of 16 '1LLFeb-1] mnernep oinplon SM4Pin1Sr4 Suppwr ne um e� 1665].6344 Summary of SMFPIneF Muln Colerrn tlofe:OecemLer dl.1,2017]tll] pllF1tr Smlce Level SeMCe6eYLICE un Cus�umer Prlce lv�u eei.r6 uCiruame mc. $ +148J11flf". .� mmLeo]nne� zcm-m inrr M1io r�rn��zsr ein P.;.u�- ; �// I6]a4 $ 145,]]1.11 ]v//� SMA.&rpeltfi✓am /�lj — o owb MMMIM WIN, I ISBN I m ............ 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JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775724 FTS1832R0QP JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775729 FTS1832R0Q5 JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775737 FTS1832ROQU JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775742 FTS1832ROQW JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775770 FTS1832R0PZ JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775774 FTS1832R0Q1 JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775780 FTS1832ROQ2 JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775783 FTS1832ROQ3 JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775790 FTS1832ROQ5 JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775795 FTS1832ROQ6 JAIR-CAP3702I-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775800 FTN1832ROR3 AIR-CAP37021-ABULK NOf0NQUOTE OUT OF PRO D UCTION 1569775805 FTX1832RORH AIR-CAP37021-ABULK NOT 0NQUOTE OUT OF PRO D UCTION 1569775810 FTX1832RORM AIR-CAP37021-ABULK NOT ON QUOTE OUT OF PRO D UCTION 1569775814 FTEMDOROU5 AIR-CAP37021-ABULK NOT 0NQUOTE OUT OF PRO D UCTION 497496604 SMG1339NOlY WEC6509E NOT 0NQUOTE OUT OF PRO D UCTION 374337571 FCH11449N6H CP-79616= Auto Deleted NOTON QUOTE This Item has passed the last date Of support and is no longer eligible for support 374378121 FCH11459TIZ CP-79416= Auto Deleted NOT ONQUOTE This Item has passed the last date of support and is no longer ellgfble for support 485159268 FCH13248EW3 CP-79066= Auto Deleted NOTONQUOTE This Item hasassed the last date of al ort and Y no loner ellfbie for support 485159965 FCH1329A356 ED 7906G- Auto Deleted NOTONQUOTE TMS Item has assetl Malast date ofsu ortand is no loner ell lbieforsu of 485160344 FCH1329AWR ED 7906G- Auto Deleted NOTON QUOTE TMS ltemhas assed Melast date of su ort and is no loner el IN afarsupport CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-169585 General Datatech,L.P. Dallas,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 02/21/2017 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 12061201 Technology services and products 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary J.W. Roberts Dallas,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Jetty KELCEE MORGAN ORTIZ ..m Notary Public,State of Texas Comm. Expires 06.11.2020 �L.�_..�.-.•-� -- .....- Signature of authorized agent of contracting business emit Ir;d Notary ID 129024839 9 g 0 y AFFIX NOTARY STAMP/SEAL ABOVE Swor�n'-7[1a and subscribed before me,by the said Vol l��Guslro n ,this the �.._(/�t Y.I" day of "Q Y 20�_,to certify which,witness my hand and seal of office. �l' �;_� QICt?, (�Ih't gip. v 7 (f�i .�IxtO�urf Signature o offi er O ministering oath Printed name of officer administering oath Tft f officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 "RH NORTH MCFILAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: February 27, 2017 Manager SUBJECT: Approve a City / Developer Agreement with Joe Oggier to cover the costs of extending public utilities to serve the Oggier Addition. PRESENTER: Caroline Waggoner, City Engineer SUMMARY: The City Council is being asked to approve an agreement with Joe Oggier to allow him to pay the City to construct the water and sanitary sewer facilities needed to serve his two recently platted lots on Martin Drive. GENERAL DESCRIPTION: Mr. Joe Oggier owns property located along Martin Drive. He recently subdivided the property into two lots. The plat for this property was approved last month as Oggier Estates Block 1; Lots 2&3. Mr. Oggier is not in the business of developing property and was having a difficult time finding a bonded utility contractor to perform the utility work that he needed for his two lots. Mr. Oggier asked if he could pay the city to install the necessary improvements. City staff determined that it could fit this project into its current work load and not significantly impact any other projects. Mr. Oggier has agreed to pay the city's costs for this work as outlined in the attached agreement. The City/Developer Agreement is a basic agreement that staff has used in the past and outlines the responsibilities of Mr. Oggier. The agreement has been reviewed by the City Attorney. RECOMMENDATION: Approve the City / Developer Agreement with Joe Oggier and authorize the City Manager to execute such agreement. DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS The parties to this agreement for municipal infrastructure costs ("Agreement") are the City of North Richland Hills ("City") and Joe Oggier ("Developer"). This Agreement is to document the obligation of Developer to pay the City's cost of constructing certain municipal infrastructure improvements determined pursuant to section 212.904 of the Texas Local Government Code to be roughly proportionate to the development of the property owned by Developer, which is described as Oggier Estates; Block 1, Lots 2 & 3, North Richland. Hills, Tarrant County, Texas ("Property"), and to document the nature and extent of the improvements to be constructed. WFFNESSETH I. Developer has agreed to pay the amount of$33,768.06 ("Infrastructure Cost")to the City, within 30 days before the commencing of construction of the improvements described in paragraph 3 below. 2. Developer acknowledges and agrees: (a) that the Infrastructure Cost is the amount correctly determined to be roughly proportionate to the proposed development of the Property; ('b) that this Agreement constitutes a contract as referenced in section 53.254 of the Texas Property Code; (c) that this Agreement is executed before any material is furnished or labor is performed regarding the construction of the improvements described herein; (d) that this Agreement must be executed by Joe Oggier as Developer to be enforceable; (e) that this Agreement inures to the benefit of all persons who labor or furnish material for the City; (f) that this Agreement shall be filed by the City in the Tarrant County Deed Records to evidence Developer's waiver of any and all homestead rights Developer may have in the Property to the extent and amount of Developer's obligations evidenced by this Agreement; (g) that an Affidavit for Lien may be filed by the City in the Tarrant County Deed Records to further secure Developer's obligations evidenced by this Agreement. DEVELOPER AGREEMENT PAGE t OF 3 3. The public infrastructure improvements to be constructed adjacent to the Property pursuant to this Agreement are as follows: • Approximately 160 linear foot of 6" sanitary sewer lines • 2 sanitary sewer service lines • 1 sanitary sewer manhole '.. • Approximately 155 linear foot of 6"water line + 2 meter boxes • All necessary fittings to construct the water line 4. Upon the City's receipt of the Infrastructure Cost and any interest due and owing under this Agreement, Developer shall be entitled to a release from the lien, Deed of Trust and Affidavit for Lien. 6. DEVELOPER AND TRUST, BY EXECUTING THIS AGREEMENT, FORMALLY WAIVE ANY AND ALL NOTICES OF LIEN REQUIRED TO BE GIVEN BY APPLICABLE LAW. Signed this the._..........day of............... 2017. w CITY OF NORTH RICHLAND HILLS i Mark Hindman, City Manager City's Mailing Address: 4301 City Point Drive P,O. Box 820609 North Richland Hills, Texas 76182 ATTEST: City Secretary DEVELOPER AORE,ESMENT PAGE 2 OF 3 DEVELOPfjt----, Joe Oggie- Date: It ........... Developer's mailing address: xxxxxx fL t) xxxxx ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OFTARRANT § This instrument was acknowledged before me on this date by'-)0'�- 0 c)kee who acknowledged to me that he executed the same for the purposes and consideration herein expressed. VALERIA VIVA$ Notary Public, in and for the State of Texas My Notary ID#130869345 Expires October 20,2020 My commission expires. DEVELOPER AGREEMENT PAGE 3 OF 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number! of business. 2017-169160 Joe Oggier Richland Hills,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which t e form Is 02/20/201.7 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 City Dev Agnt B-3 02-27.2017 Relmbusement of extension of public water and sewer facilities Nature of interest 4 Name of Interested Party City,State,Country(piece of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X B AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct ex sw <`fi7 9 VALERIAVIVAS ' My Notary ID k 130869345 Expires October 20,2020 '•, �RL,y +"' ti naa =of a utnar ix AzIent of contracting business entity AFFIX NOTARY STAMP/SEAL. ABOVE Sworn to and subscribed before me,by the said c, G)�� t„,A C f d,..0 this the e°' r9 ayr of 701 to certify which,witness my hand and seal of office. V6.(e r, !7�- t i/r✓,4. Cj Signature of officer aUmimstedng oath Prfotad name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us Version V1.0.277 "RH NORTH KICHI,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: February 27, 2017 Manager SUBJECT: Approve agreement with 3i Advertising LLC for graphic design and creative services for NRH2O Family Water Park in an amount not to exceed $63,000. PRESENTER: Frank Perez, NRH2O Aquatic Park Manager SUMMARY: Council approval is sought for NRH2O Family Water Park's graphic design and creative services expenditures for FY2017. GENERAL DESCRIPTION: NRH2O Family Water Park, as a themed water park, advertises its services to the general public. To accomplish this, various advertisements, campaigns and media are created to be used for, but not limited to, radio, television, print and digital advertising. To ensure the park wisely invests its resources, a professional agency is used to develop and assist with graphic design and creative services. Staff requested and received proposals for graphic design and creative services for NRH2O Family Water Park on January 5, 2017. Ten agencies responded and a committee including staff from NRH2O, Purchasing, Communications and Parks & Recreation was formed to review the responses. The top 4 agencies were chosen to present to the committee. After seeing the presentations, the committee selected 3i Advertising LLC. based on their presentation and qualifications, as well as their vast experience and with water park marketing and creative services. 3i Advertising LLC is a very experienced agency that has done numerous successful campaigns with water parks such as Roaring Springs Water Park in Meridian, Idaho and Wild River Country Water Park in North Little Rock, Arkansas. Located in Palm Beach Gardens, Florida, their water park knowledge and experience developed over 20+ years in the industry will be beneficial to NRH2O's success. Because the expenditure exceeds $50,000, City Council approval is required. Staff is requesting authorization for an expenditure not exceeding $63,000. While NRH2O Family Water Park is owned and operated by the city, it is not funded by city taxes. It is an enterprise fund that is fully supported by the revenues the park generates. RECOMMENDATION: Approve agreement with 3i Advertising LLC for graphic design and creative services for NRH2O Family Water Park in an amount not to exceed $63,000. 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. 2017-168065 3i Advertising LLC Palm Beach Gardens, FL United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/16/2017 being filed. City of North Richland Hills- NRH2O Water Park Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 17-005 Graphic Design and Creative Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 31 Advertising LLC Palm Beach Gardens, FL United X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. i yA KATYA DANIELS NOTARY PUBLIC STATE OF FLORIDA Comm#FF023628 EXplr66 61312017 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me, by the said/7 Q-- '77"'Ct� !,t'l�•Y ,this the day of i 20__Ll_,to certify which,witness my hand and seal of office. Signature of officeV administering oath Printed name o officer administering oath Title of officer ad inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 i ADVERTISING PURUC p1031J48tl4 M 3i Advertising/PR Graphics Design& Creative Services Agreement It is hereby agreed upon, by and between the City of North Richland Hills (NRH2O), hereinafter referred to as CLIENT and 3i Advertising LLC, hereinafter referred to as AGENCY,the CLIENT will retain AGENCY to provide graphic design and creative services as agreed to by both parties on the {„ '/ day of "'0' eea " r, 2017. 1. DESCRIPTION OF SERVICES A. The AGENCY will provide graphic design and creative services for items and services related to Client's strategic marketing communications needs in the areas of brand planning as it pertains to communications, promotions, social media and creative development. The AGENCY will also provide monthly social media analytics and reports. 2. FEES AND TERMS A. Fees Upon execution of this agreement,the AGENCY will discuss with CLIENT the parks goals and seasonal offerings to develop creative and strategic campaigns. This initial fee will be $750 or less (based on Agency time)to develop creative concept,taglines and campaigns. Any ads, banners, collateral or items created afterwards will be billed at the hourly rate of$75. Broadcast Production rates will include development of script,voiceover talent,sound mixing and a finished produced file. AGENCY will provide Social Media Analysis and Reporting including development of a monthly content calendar;design of all graphics, copy writing of post comments for Facebook,Twitter and Instagram. The Off-Season (February—April 2017 and October 2017—April 2018)fee is$350 per month and the In-Season (May—September 2017)fee is$700 per month. The costs of 3rd party apps; royalty free photos; models;or additional talent not covered by base production fees will be billed separately and are not covered under agency fee. CLIENT approval is required in advance for any out of pocket expenses. Royalty free stock photos from the AGENCY library will be provided at no additional cost. Scope of services will not exceed$63,000.00. C. Terms AGENCY will bill CLIENT on a monthly basis. i i 3. DURATION A. This agreement shall commence through-�Z) 4. GENERAL CONDITIONS A. Upon payment in full to AGENCY, CLIENT shall have rights to the ideas,creative and graphics created under this agreement. B. This contract can be cancelled by either party CLIENT or AGENCY with 30 days written notice. IN WITNESS THEREOF,the parties hereby have affixed their hands and seals the day and year first above written. f BY: L / Z...� City Representative Tina Hatcher, President NRH2O Family Water Park 3i Advertising LLC 9001 Boulevard 26 4400 PGA Boulevard,Suite 402 North Richland Hills,TX 76180 Palm Beach Gardens, Florida 33410 Witness Witness V.A&klX r Atl,i'1u71 Date Date a/ °�?Z—/7 i "RH NORTH MCF11,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Rescind approval of a professional services agreement with Dunaway Associates for the Snider Street Extension Project in the amount of$222,568.00. PRESENTER: Caroline Waggoner, City Engineer SUMMARY: The City Council is being asked to rescind approval of a professional services agreement with Dunaway Associates for the design of the Snider Street Extension Project (ST1102) in the Smithfield Transit Oriented Development (TOD) area. GENERAL DESCRIPTION: City Council approved an engineering design agreement with Dunaway Associates on September 12, 2016. Following City Council approval, the contract execution was delayed pending approval of a Notice to Proceed from the North Central Texas Council of Governments for grant funding. At this time the Notice to Proceed is not forthcoming. Dunaway Associates has provided professional services for the City of North Richland Hills for various projects over the years, and understands the situation. RECOMMENDATION: Rescind approval of a professional services agreement with Dunaway Associates for the design of the Snider Street Extension Project. Snider Street Extension Project Vicinity Map ' ( � � : / ✓f�rl/, ', :iii/��/,/ ; ////�///„r,// ���;, /i„ A // .� / r 0' %G . / �`fly°` / �%r�/�; /// /„'%�. .1 ✓/,.�/ //r,c� ,r /„%/„o ;o Ud . %sell �,� /,',llr ,>, I p.;r.ql. � �/%///•', / %/��// i/! r�/li : / /// / �i„?/ �. I r w,//i%i i//' ,, ,/r� ,' ✓�r /'rl(P,il .i��// ��i/'%��ii//i/%f // i �// �� / �/%����/ /�/ a��/r✓/%//'�/%���/%��//i/„i//�/�r ' ., .�/ wpm ,,, �//,u ;,. , n/,,/�/ NORTHEAST PK . � '� r/ii/ � /�/�/� �/n/ /ii/// /i/�/i d �i /////„/ fir ° r r,'•,<. WY,;, / �, Vf J// /i� ly ”, %,;/A eulury u�al�tl.. / o/d/,;.o MAIN STREET f lf✓II l /r Y+n•) '; G' ;% � J, ! IA'r nNi�Vt�;,? /h/�/ Lr /I �iw;/.q/' � �fIJ / AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES, L.P. I. This -o-ee-ent is e-ec11ted b0 and bet-een the CIC o»orth Rnhland Hits, a I nic of cor Oration located in Tarrant Col nt I Tel as, actini I bI I and thro I h Marl I Hind an, Its d I a thoriiied CIti Manal er Iherelna ter called ICIT I I,I and Dunaway Associates L.P., a Tel as core orat on, act nI b and throe I h Tom Galbreath, A.S.L.A., li Its d I al thorl ed Princ I Iral here na ter called I u u GI I RI ii.I WITNESSETH, that CITL desires Jo-esstonal enulneerinL serLlces n connection Li th the Snider Street Paving and Drainage Improvements. NOW, THEREFORE, CITE] and E-GC--R, in considerat on o- the 11 a-al coEenants and a❑eeEents heren contained, do - AEallEa-ree as COIIoCS- II. PROJECT In this I II reel lent, the PROJ CT eans the en Ineerinl des in oI the Snider Street Paving and Drainage Improvements from Main Street to Davis Boulevard Fri accordance Lith the PLbl[C WOrLs Desi-n Manual, aLJcable CSU codes, re_IJations and standards. III. BASIC AGREEMENT 11EGC-oR s an nde11endent contractor and EndertaCes and a-rees to -erlorE ❑ro[Ossonal enEneern- serZCes n connection 11Th the PROJ11CT, as stated n the sections to Iollol . t Is I nderstood and aI reed that I GIII I I R s not and III not b I Irtl e o this contract be deer ed to be an al ent or el Iol oe o CITI and that CITI I I III not be ent tied to d rect the I eriorl ance bI I ii GI I RIS el I I to ees or s bcontractors oI the tasl s conte lated bI th s contract. I III enl uneern sere ces shall be I eriorl ed Llh dlLiLence and n accordance Lith -roLesstonal standards cLstouarlLobtaned Lor s_ch serL-ces n the State o_Te-as. Lor renderinL s_ch serL-ces CITL aL-ees to La-1 LILGi-_LIR as set 9rth n Sect9n L-U LILCoL LOnsationu nd inhibit LILLCo_ _ensatnnL GR M T OR G RiiGS R C SBiTW THiiCT O IIORTHRCHLUiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e TJSo�_ents (610 712 01 6) PaLeL OJ_L IV. SCOPE OF ENGINEER'S SERVICES u Gi i i iR shall render the ro ess anal ser ices necessar i or de elo i ent o the PROJi iCT, in accordance ith the sched le in u hibiti i i IProiect Schedi le land as detailed in i h b ti B Basic in sneer in Seri ices ,i said e h b is I i attached hereto and incoruorated here Inr all uJ-uoses. uuGLL__iR shall be res-onsble, to the leLal o_cou uetencu uresentlu _aintained bu other sactinnu -ro-essonal enuineers in the sa-e tune ou _ore n the Dallas-jort Worth MetroJeu area, or uroAss9nal and technical soundness, acc--ac- and adeuuacuouall desllns, dra_u]_s, s_ec__Cat9ns, and other uoruand eater®Is [Drnshed underths u:: eeuent. V. SPECIAL ENGINEERING SERVICES The CiT i i ills a ithe iG i ii i R or Si ecal in ineerini Seri ices as indicated n i u habit Cl IIS ecal i in ineerini Ser ioesi , attached hereto and i ade a i art of ithis i i reel lent. VI. ADDITIONAL ENGINEERING SERVICES uddtlonal unuineernu Serusies are deeded in LI-I Du -ilddtbnal ununeern_ Sere ices-. attached hereto and Cade a Cart ou thss u:Ieeuent. uo uddEbnal ❑nuineernu Seruines are a::t lQd unless authorIatuon Cor suecTed addEbnal serEcces are 11-owed to CGI]uuR I in urtnuand auuro-ed buCSu. VII. SCOPE OF CITY SERVICES The Cti i ill 1 irni5h tel is and i eriori those sera ices as ident led in i ii habit i ii i LSeru[ces to be -roLLded bu the Ct— attached hereto and _ade a cart outhls uureeu ent. VIII. COMPENSATION I]. Co consideration outhe sere ices descrbed herein, CSC shall uauand uuGE:=R shall rece[ue cou uensat on n accordance uth -Eh bm❑u[Gou uensatuono B. Total i of i ents incli dine i i iithoi t li 1 tat on salar and rein b rsable el enses, to i ii Gi i iR I ICiTi for the ser ices stated in Section i and Sect on i aboi e shall not el heed Two Hundred Twenty-Two Thousand Five Hundred Sixty- Eight Dollars ($222,568.00). OR M T OR G RiOS R C SBiTW THiiCT O IIORTHRCHLUiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa Jduand Drana_e 1JJ0e_ents (610 712 01 6) PaLeL OJ_L C. CIT❑ EaE aEthorE[e addLonal serEcces to be sowed b❑ EEGiI]❑-R as ❑ Et-ally a:ireed own bo the []art-es. EnE aEthorEat:on 9r addtonal seraces shall be i iien to G ii i iR b CiTi i in irtin and a u ro ed bi iC T I. D. CiTi i and a iGiii i i R nderstand that the i ariables in iG i u iRis cost o f i erlor ance is iii ct ate. The arties al ree that ani i I cti at on in Li_G-iEURs costs Ell u] no Eau alter EuGIL_ERts obIL1attons ceder the u--eeuentnore-CESeJer9rJanceordela_on GLI_uRts _art. IX. OWNERSHIP OF DOCUMENTS DII co- deted or Eart:8110coE feted ela1Eat®ns, re-orts, s-rEeEs, desEns, draE[rlEs and sEec:ICat®ns -re Eared or deCeloDed bE ❑EGC-OR Ender this ❑-reeoent, inch d in an ori i nal dra i in s, co i i ter dis s, 1 11 lars or bl e lines, shall becoi I the i ro erti io CT i ihen the ii ree ent s concl ded or teri i inated, and is be sed bi i CiTi i in an i canner iti desires i roi ided, ho ei er, that 1 u GI i iR shall not be I able for the se of is ch dra i in s lOr ani i roiect other than the PROJ iCT descr bed in th s u-reeu ent. X. INDEMNITY ENGINEER AND ITS SUBCONSULTANTS SHALL INDEMNIFY AND HOLD CITY AND ALL OF ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSES, ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF ENGINEER OR ITS SUBCONSULTANTS, AND ALL OTHER PERSONS PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR, OR OMISSION IN THE PERFORMANCE OF ENGINEER'S PROFESSIONAL SERVICES OR IN THE PREPARATION OF EVALUATIONS, REPORTS, SURVEYS, DESIGNS, WORKING DRAWINGS, SPECIFICATIONS AND OTHER ENGINEERING DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH; ENGINEER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM ON ACCOUNT OF THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS OR OMISSIONS, AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAYBE INCURRED BY OR RENDERED AGAINST CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM, IN CONNECTION WITH THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS, OR OMISSIONS; PROVIDED AND EXCEPT HOWEVER, THAT THIS INDEMNIFICATION PROVISION OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLiuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa-mu and Drana_e TJSo�_ents (610 712 01 6) PaLeL OJ_L SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR HOLD CITY OR ANY OF ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO PROPERTY OR INJURIES TO PERSONS CAUSED BY DEFECTS OR DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED TO ENGINEER BY CITY, OR ANY DEVIATION IN CONSTRUCTION FROM ENGINEER'S DESIGNS, WORKING DRAWINGS, SPECIFICATIONS OR OTHER ENGINEERING DOCUMENTS. LILLroLal bLC1u o_contract docuuents shall not constliute or be dee_ed to be a release o-the res-onsbW and I®bli- o»>G-]u-R, Is offers, auvnts, e- do[Oes and smconsJtants, [or the acco-acuand coil uetenc-o-the series uerorued older this uo-ee:lent, nclud©u but not I- Led to e-aIUatons, reEbrts, so-:13::8, desuns, I Ior in dra ini S and s ec Ioatons, and other en neerini I doc cents. a ro al b I CITI I shall not be deer led to be an ass I ton o s ch res bnsbliti land Iiabliti I b CITI I or anI I error, o sslon, deloct, de b enc or ne II lence n the I erlOrl lance o I G I u IR s ro oss onal ser ces or in the rel oration o the a al at ons, re arts, s-r-e-S, deslns, uorunu dra_u]_s and s_ecuslations or other en_neernu docu_ ents ILi_G__iuuR, 15 offers, a_ents, eu JoLoes and s-bconsL]tants, tben_the Intent oil the artOs that au-ro-al buC1u s--n11os CLTUIS a_Lro-aI ouonl_the mineral desln conceLt oohe LL Lro-e_ents to be constructed. XI. INSURANCE I or the d ration o th s I I reel lent, 11 Gil IR shall I ntaln the ollol I n I I I InI I I I I I I I Ilob IIt land ro ortl Ida a o nsl rnce Ihloh shall rotect I I G I u IR, Its s bcontractors, tS sI III Itants and C T ro I claIIIIs Ior in Ilros, ncll d nI I accidental death, as cell as ro_ clauls 9r souert_daua_e _hnh _auarse ro_ the Lorbr_ance ou_oru -nder this Li-reeluent. _uGlulu_R shall -ro-Ide a Cert--cate oil Ins-rance LorLUn_that the 9llounu _ n_1 _u 111.8 o_cc eraue are Lro-cledu I]. Wor-er:g Coil -ensatnn Cnso-anceu Statoorure-are-ents CID uuu,uuu :111111 uu u B. Cc I rehensl le General L abll ItI and Bod II I n I Ir I I Bod II ini Irl I I I I I , I I or I Jerson, or I , I I or occl rrencel rand Prol ert IDal la e I I I I , I Ieach occl rrencel or Coubned SrnJe Luu t u lu,u_"u_ua_-rebate OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa Jnuand Drana_e 1JSo�_ents (6/0712016) PaLeL OJ_L C. Co❑ :1rehens❑e -CtoC obile Lab W-i Bod tE Cn-r❑ ❑ ❑-q❑-❑ ❑vr ❑arson, or I I I I I er occl rrencel and Prol ert Dal la e I I I I I each occl rrencel or Co bined S in le LII II ItI I I I , I I I a re ate D. Pro-ess[onal Ill t� errors and 0 L 18s Bins a u,L_q_- The CertTCate o❑nsCrance shall contan a Dro❑s9n that s❑ch ns-rance cannot be canceled or -od-ed ❑rtho❑t third❑ ❑❑da❑; Dr®r -riten notne to CS❑. XII. ARBITRATION I lo arbitration arlslnl I oI t o or relatln to th s II ree lent shall occ r Ithol t both I art esl I Irtten al I ro al. XIII. TERMINATION AND SUSPENSION Li. CITU JaLter_ hate the _D-ee_ent at anut-e -Or con-en[ence or 9r an-ca-se b❑a notne n -rIln❑ to -❑G❑ -❑R. ❑IherCS❑ or -❑GII]❑-R -a❑ter- hate this ❑DeeCent n the eCent the other :]art- C,sts to -er-or- n accordance -[th the -oEls-9ns o❑ths -D-ee-ent. ❑❑cn receIlt o-s:ch notbe, :1❑GII]❑-R shall edlatell d scontln e all sere Ices and I Ior and the I Iaclnl I oI all orders or the enterinl Into contracts or s I I Iles, assistance, ac Iltles, and aterlels, in connection Ith the er or ance oI this I reel ent and shall I roceed to cancel I rol I tII all el stlnl (contracts nsolar as the are char) gable to this I u reel Ient. B. I1LC�T_ ter_ hates this L-reeL ent _nder the LoreLonL ParaLraLh L, CITU shall LaL _uG-L_R a reasonable auoLnt for ser-oes Ler-or_ed Lr[or to s_ch tern InatDn, _h[oh La[-ent shall be based LLon the LaLroll cost oLeu JOLees en CaCed on the Cor- b❑ C❑GZ]❑CR -❑ to the date o❑ter❑ naton o❑thiss ❑Cree❑ent and [or sJccontract and renrod❑ction n accordance -rth the - ethod 0EC011 -ensat®n stated in Section E=[Go- :IansatDnChereo❑ in the e:13nt o❑ terl Ilnaton, the a o nt a shall not el ceed the al Iol nt a u rol riate or the I ercental e o I or (col I I leted. XIV. SUCCESSORS AND ASSIGNS CITU and LILG-LUR each bnd the_sel-es and their) successors, eLecLtors, ad_ InstratorS and assLhs to the other uart_ouths _D-eeLent and to the successors, OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa-mu and Drana_e TJSo�_ents (610 712 01 6) PaLeL OJ_L e:ecotors, ado nstrators and ass—ns ovsoch other -artC n respect to all covenants ov this -EreeCent-eLlae-t as above, nether CITE nor -vGLI]oCR shall assIlm, sJblet or transfer its interest in this a ree lent I tho t the Irtten consent oI the other. oth n I herein shall be constr ed as creat ni I ani ersonal Ilab I ItI ion the art oI fan I cer or a ent o CIT I. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CLTLI and LLIGELl_R aLree that the PROJLICT s fanned to be col Jeted Ln accordance Llth the LJibtlLl_ProBct SChedJeJ_hsh s attached hereto and wade a Cart hereon voGLI]o-R shall a- Jon -an-o-er and other resoDrces and Ese Drotessonal sott and d:[Eence to Ceet the schedJevhove-er, C-GV]oCR shall not be resuons[ble 9r schedde delais resJtno Tcou condEons beubnd C-GV]oCRs control. With I I ti of a reel ent, CITI I and I ii GI I IR al I odiii Ithe Prolect Sched le dl ring I the col rse oI the PROS CT and II sI ch od (cations al ect I GI I IRIs col I ensation, It shall be I iodic led accord in II l s biect to CIti (Col ncllla I ro al. Lbr _ddltbnal ]nLltneertnL SerL-ces, the aLthorL-atton bu CLTLI shall be Ln urtln_ and shall LnclLde the deu]Ition oL the serL-ces to be Lrouded, the schedLle Lor coL uencn_ and cou Jetn_ the seruces and the basis Dr co_ LensatDn as aLreed Li on bLCLTU and L_GL _uR. it s understood that this -Dee-ent conteo fates the EEII and cou Jete CnCneern- series vor this PROJ-CT nc17JCdC an:] and all serEces necessaru to cou Bete the I Iorl as oI tllned In I h b ti BI I Bas c in Ineerinl I Ser Ices . othinl contained herein shall be constrl led as al thor I Ini add tional ees Ior sere ces to I ro Idle col I I lete sere ces necessarl I or the sI ccessl I I co letion o this PROS CT. XVI. SUBCONTRACTS LILGL__LIR shall be enttled, onlLl L_a_LroLed b_ CLTLI, to s_bcontract a _ortLon o_ the seruces to be _erDr_ed b_L_Gutu_R _nderthls _LreeLent. XVII. RIGHT TO AUDIT u GI I IR al rees that C Ti shall, ntll the el (rat on o three I I I ears a ter I Inal I eI ent I nder this I u reel lent, ha a access to and the rlllht to el b ne and hotocol I I ani d rectll I I ert nent boor s, desllln calcl lations, I ontitl Ita eiol s, docl I ents, I al ers and records oI I IG I II II R in oll Ini transactions relat in to this I II ree ent. LILGL__LIR aLrees that CTL shall ha e access dLrn_ norLal Lorun_ hors to all necessarl LILGL__LIR Acuities and shall be -rouded ade_uate and a_LrourAte Lor_ OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa-mu and Drana_e 1JSo�_ents (610 712 01 6) PaLeL OJ_L s=ace In order to conduct audls in coil d®nce -Ith the soEslons oCthI8 secton. C1C shall 11:::0- uuGCUUR reasonable ad-ance notoe ountended aud[ts. u Gi I I iR III rher a rees to ncl de in all is si bconsi Itant ai ree ents here) rider a I rol S On to the ei ect that the s bconsi Itant ai rees that C T shall, I nt I I the e I Iraton oI Ithree I I ears a ter nal I a ent I nder the s bcontract, ha e access to and the runt to eLALlne and -otoco- an_ drectlu Lertnent boo-s, desun calcJat9ns, LLanttutae-ous, docLuents, La_ers and records o_s_ch sLbconsJtant, nLbIL]LI transact9ns to the s-acontract, and -rther, that CLT_ shall ha a access d-rn_ nor-al _orLn_ ho-rs to all s-consLItant ocLtles, and shall be Lrosled adeu-ate and a-Droste uorusuace, n order to conduct a=dls in coil d®nce u1h the ❑ro:-sons o-thb artole. CSU shall uQe sEbcons:1tant reasonable adilance notice oil intended aCdh. XVIII. EXHIBITS Both I art es ai ree to the ollo in e h b is and as s ch, the iolloi i ni le h b is are LIadea Lart o-ths uLreeuentu LI-ibt a Protect Sched-le LI-ibtBL Bassi ununeern_Seruces u::hbl :C= S=ecbl ununeern-Seruoes 11::hbIY1= uddlIonal ununeernuSerOces ❑bbl a SerEceS to be JoElded bathe C® I I h b t I Co I ensat on I I h b t G I Iorl I I I I XIX. MISCELLANEOUS u. LI_thor--aton to Proceed. S11nnu the --ree-ent shall be constr_ed as a-thorllot9n bLIC1_ 9r LILG-LLIR to soceed Llth the Lor- Lhless other-Ise Lro-ded or n the a_thorintIon. B. Leval - =enses. r the e-ent le:4 act on is brouEht buCITu or uuG=-oR a:anst the other to enorce anuo=the oblCat®ns here::ader or arnnuout oCanu d s u to concern n I the terl Is and conditions o this a ree ent, the I re a IInI I nart-I in anFII"ton bet-leen the hartbs to this a-ree-ent shall be enttled to reasonable attorne ees. C. Llotloes. -In- notice or corres_ondence reu_Iried Lnder the LI-reeLent shall be sent bLcertued -]at ret-rn rece-t reLuested, or bLLersonal del-erLand shall OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa-mu and Drana_e 1JSo�_ents (610 712 01 6) PaLeL OJ_L be euectlie __on rece_t, addressed to the []art:] rece min the notice or corres::Ondence at the follo-n[lad dressl I Ito I II GI I I IR Di nal la I issociates, L.P. I Ittn Dan el TreI I er, P.I I. IuuLBa110LLILe, SLfe u_u Loft Worth, Te-as Lu_Llu Qto CTUu C[tuouuorth Richland Hlls uttnl Ms. Caroline Wau-oner, P.-. P blicWor s I I in neern Del part ent I C ti Point Dr I c north Richland Hills, Te-as _uuuu D. Indeuandent Contractor. --GI]-uR shall -erlorC ser:mes hereunder as an Indel endent contractor, and not as an oI Icer, a ent, sere ant or a Iol ee oI the CITI I and I IGI II I u R shall hal a the el cl sII Ie rII Iht to control sere ces er or ed here) rider bI I I G I II a R, and all I ersons erlorl I A I sal e, and shall be rest onsible Imr the nel I I ent acts and oI Isslmns oI I Its o I hers, al ents, eu JOLees, and sLbconsJtants. _othn_ hereush shall be construed as create_ a uartnershLLLor Lont -entLre betueen CT_ and uIUGLI_uR, Its oLtters, aLents, eu JOLoeS and s-bconsLItants_and the doctrine ouresLondent suluer9r has no auJicaton as between CS_ and uluGLtLIULR. I I. I Ten c. This I I reel lent shall be I oI erned b the Ial s oI the State oI ITe as, and IFen-e n an- Proceed n- relatnu to th s Ifreel ent shall be n Tarrant Co-nt- Tetras. u. [Inure -o-eeCent. This -:I-eeuent re❑resents the entry and nte:1-ated a:ireeCent between CT- and u-GCE-R and slCersedes all ❑-nr neuotlatnns, re resentatlmns or aI ree Tents, ether I Irtten or oral. This reel lent I Ia I be alended onlub- -rltten nstrf ent sliced blboth CITI and Fl-G---]R. G. SeLnrablltu -ian_ -roLls9n in this Li-reeluent shall be held Illeual bua -aid Enal :::tuuent oIa comet olcou uetent Irsdfcton, the reuannu TOISnns shall reuan Ca1:d and enforceable. H. I Iss I nI Ient. C TI and I ii GI I IR each bind thel sell es, the rI heirs, successors and ass-ns, to the other -art_ to this uLree_ent and to the successors and ass—ns oueach other Tartu n resuect to all coLenants o_thls OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLiuDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e TJSO�_ents (610 712 01 6) PaLeL OJ_L u-roe uent. Ths =D-ee-ent is not to be ass—nod, sEb let or trans[arred, n whole or in =art, buelher CT= or uuGU uuR u[thoEt the :1r9r urlten consent outhe other i arti i u DsclosLre. B_surature o_ths --ree-ent, u_G_1LUR warrants to CLTL that h has wade 11I dt5CIO8Lre n urllnL o_anueLStnLconlicts oLnterest or Lbtental conlIots o=interest, ncl:: inu uersonal ::nancnl interests, dMct or ndnct, in DroCertu abuttnu the PROJ=CT and b:13ness relatonshus ulh abuttnu Dro=ertu owners. u=G::]uuR u]ther warrants that I ulV :la-e dsClos-re in urJMuouanuconlIIts ounterest -hnh de::OlOUSmSe=ant to the slnnuouths i i reel I ent and rimrto anal i tai i ent i nder this ree ent. Th s ree ent is e ec ted n t o 1 u 1 ico nteri parts. ii T iST MO i WHi iRi i0 , the i tart es hereto hale e eci ted this ree ent th s the daLoL L_ CITI 101 I IORTH RICHL I D H LLS DI II II WI I I ISSOC IIT S, L.P. iCiTi II I VIII GI I IRI BL_ BL_ MarLHlnduan, Ci_Mana_er Tou Galbreath, Prescient Date= Date= I ITTI STI I I ITT STI I Citi iSecretar i i iotar Pi bl a in and or the State o TeLas Tuue or Print LotarLS LaL e M=Cow u ssnn :1=Zes u CITY SEAL CORPORATE SEAL OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e 1JSo�_ents (610 712 01 6) PaLeL OJ_L EXHIBIT A PROJECT SCHEDULE FOR SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS (Main Street to Davis Boulevard) PROJECT SCHEDEL- The ScoCe oESer:Mes 9r this PROJECT is based on the 101lo-TnEschedEIeE Activity Due Date I otide To Proceed ro C t September 12, 2016 Si bi it i i Roadi iai Schei aticil-a o t October 10, 2016 ReceLe CtL ReEe_ Co_ L ents October 21, 2016 SLbL Lt L_L Plans November 18, 2016 Receme C1EReE-e- Co- C ents December 5, 2016 Si bl It I I Plans February 17, 2017 Receiiie anal Citi iRei iei i Co ents March 3, 2017 SLbL Lt L nal Plans Lor BA March 24, 2017 LidLertlse Lor Constr_ction B�ds April 7, 2017 OEen ConstrEct on Bps May 5, 2017 Bean ConstrEction June 12, 2017 Note: DEe dates sho-n are s-b- Ttal dates o-tasnactTfRTes Isted. OR M T OR G RiOS R C SBiTW THiiCT O IIORTHRCHLUiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa Jnu and Drana_e TJ so�_ents (610 712 01 6) PaLe LJ a_u EXHIBIT B BASIC ENGINEERING SERVICES FOR SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS (Main Street to Davis Boulevard) The sco_e o-1 uor_ -or i-C _n_neerni SerLLces n 01 es Prel-1 nar_ and anal Des-n, Project Plans, S-lec-Itatlnns and List-lates on Roadua- Stor-I DranaLle, TraFm Steal, Street i Landscaun-and 1rr::1at 1bn sera-ces. I. GENERAL ii. Des n Meet n s i The iG i u iR ill i eet iith the C T s star i d r n the de elo i lent o i the schei iat0, 1 rel 111Inari i and anal i Ian hases of i the PRODI iCT. B. Project Manama-lent, udu nstratlnn and Coordnaton The -]uG1uu_R LIA establish and _antan PROJ-iCT sched-les and i deCelou :1onthl:111-o-Tess re::brts, se:lare n3anes, and ueet Clth other entules on an as needed basis -or the d❑atnn outhe PROJ-CTs desI[h. Si i eri is on o 13 bconsi Itants The i i Gi i iR ill establ sh a or i roi rat 1 and sched le or each s bcons Itant at the bet innini i o leach hase sect on of ithe PROJi iCT. The i i G i iR ill be res ons ble or the coordnatbn, s-_er-Snn, retie_ and ncorLioratbn ouuor_ _er r-led i s-bconsLItants. C. Data Collection The u-G:=»R X11 collect, co- -le and e:13ICate esstn- data collected nod the CSC, or other enti[es that s:1-d11 needed e::gtnu n-or:latnn [Or the des no the PROD CT. I locat on i la ische i at c 1 1111 be ro ided to the a iected t liti i col 11 ran es. These sche aties i ill be sed b ithe tliti icoi 11 an es to sho i a i roi i late locat9ns oLther AcLtLes -11hch are or _aube a-ected b-ithe PROJ-ICT. GR M T OR G RiiGS R G SBiTW THi1GT G II ORTHRCHL ii iDH LLS DD Wiwi SSOC T S,L.P. Snider Street Pa Jnuand Drana_e 1J so�_ents (610 712 01 6) PaLe LJ o_u The -11GI]11-R 1111 11a:13 e:]3r11elort to obtan Is:B111t DraEnDS, Record DraEMES andlor Ctse -1ans 9r the COIlounu AclUs n the PROJ11CT area ncl dins II I iRoadi a I Water Lines vlSanllorvSeuer Lines uStor_ Dran Lines LTeleco_ v vh]cat[on _nder-ro_nd and]or Overhead Lines vlvlectrn vindervrovnd and 9r O-erhead Lines :]Gas Lnes []Other Etlties []noun to Serve the PROJOCT urea Plot the I rel I I inari niorl Iaton obta ned abo e or later I se in the I eld to I sI rI el ors to el Istlnl I I tIllt locations. The locations oI a tilities ted ro I eld si ri el s II be sho in on the a n land dra na a lans. The v_G1]_vIR vin dent-ii -otentnl Alutu con[llots and -ro-de the n-or_atLon to vtLtuco_ Lanes. II. SCHEMATIC DESIGN PHASE 11. The u11G11 CR 1111 rece-e auo-o-al outhe scheuatic [or Sneer Street as cart oEthe site 11annn- and DRC Process :or the Su [th:bld Staton deEbloO-ent :18 Citi rel el I I rocess and I tll co lete the olloi I n I I I attend conce t re lei I I eet in I ith C ti and Del elol or at Citi iHall. Prol ide sche at c desi in scroll I lot el hlbltl or re lei ith Citi istai .I Prol Ide oI in on o I robable constri ct on I OPCCI costs to the Citi . III. PRELIMINARY DESIGN PHASE U. RoaduavDeSL-n The E-GI]1111R 1111 de-elou a self naru desCn oil Dro-osed road11a- I] ❑roCeE ents. The -rel Ill naru desk 1111 ncl-de the 7roEbsed hor11ontal and ertical aliiini ents. These Ian sheets II be at a " I I I I scale and conta in toi oI ral I In orl lat on, I ro osed r I htlol 11 al I nes, locations o dri el la s and ar in stalls, t I Ical sections, road) Ial baselines, I al el lent edi es, contol rs I (here necessar , II I is o str cti res, II is o retaining I _ails, L_anL, drau]a_e strict--es Includlnu vulles, IL- Is o_sdeual s, lu is ov barriers and an-] other nlnrvlatbn necessarvl Inr --aLeuent constr_ct[on. Pro-Les at J' _ uu_horuontal scale and u " v _Li-ertloal scale ill contan GR M T OR G RiiGS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa-mu and Drana_e 1J so�_ents (610 712 01 6) PaLe LJ o_u e®tnu Crosd Ines at the -ro-osed ❑roEre sade Ine, I:El M3 oustructures and Droui ele-atons at -D-DnterElals. -Don cou Jet on, the :lreIC narC des IIn ill be s b tted to the C Ti I or re iei I. The I rel iii roar desi In I I I St be a I ro ed bI ithe C T r or to the start o the I Hal des in I base. The a iGi I I I I I I Ili I re are cross sect ons alone I road a S at Will I I 11 I I nter-als and _11 eutend __ulbeuond the -roubsed rL ht-Ouuau These crossLsect9ns ell Inrul the bass for the deteru nat9n o_ earthuor_ _uantities. uarthuoru u_antitleS ullU be cou IJeted as cart outhe _-Late deuelou_ent uroiect uradnuland scone. I Other Road-aDDes[Dn Dleuents Pr012Ct Title Sheet I IIII be I rel ared as rel a ired and ncl ded in the Plans. Road al iti I Ical sect ons I ill be I rel ared or Snider Street. Road-all horuontal and vertical control and horubntal c_-Le data _W be sho_n on the IJans. Slde_alulocatlnns and ulsiths _Ill be sho_n on the IJans. SI I I le entarl Intersection la o t In or atoon I III be re ared to rol ed sho the relatonshl bets Teen the rollles oI Intersectlnl streets, here deer ed necessarl III the I II GIII I IR. Mlscellaneouls uaun_ details _ll be deueloued as necessar_ to descrbe -ar9_s tu_es ouconstr_ction such as sdeualus, curbs, etc. _hen no such CJ_ standard detat are a-alable. C. Dranaue Plans and Detats Dranaue area DaCS Cdl be o-eCared at a D nI] DC scale o-J' D DCD-- CsnD al atlable contol r a s. Inlets I III be located and sI Idra na a areas deter ned. The rI nol to each Inlet I IIII be calc lated In accordance Ith C ti dralnal e criteria. CJ ert PlansProlles sheets and crossLsectnns, _ necessaru, ulll be -rouded 9r nee cLILert constr_ction. StorD Sever Jan and o-oEI:e sheets -d[ be Dre-ared. These sheets [A sho- the location ounlets, -anholes, store severs, slotted drans, cJCerts, GR M T OR G RiiGS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JdL and Drana_e TJ so�_ents (610 712 01 6) PaLe LJ o_u and o-en channel - --o e- ents n relation to the PROJ-CTLS road-ate. Prows Ell shoo sow nLoroation :or the soused stor- seller tr-nE lines, I ro osed I ro nd abo e the store I se Iers, e Istn roe nd abo e the store se ers, and locations o lateral I[nctlons. I les sill be ro ided Ior all laterals on a se arate sheet. Col I I u tation sheets I ill be I reI ared Ior stor se Iers, cI II arts, slotted dra ins and inlets. Mscellaneoos dram-e details Lill be -reoared ior anE drana-le related tells ohnh are not co ered bECt_standard details. D. Mncellaneo-s Plans and Detals :1 Water Elan -d1 be o-eEared EIh the Soth:lbld Staten Eruate de-elo-cent and referenced on the I al in I Ian sheets. Sanitar see Ier I Ian and I miIle sheets ill be I ref ared I Ith the Si ithiiold Station I r I ate del elol lent and re erenced on the a ini I Ian sheets. u Construct on ElanS Edl also address dell oltEon, eros on control, traE[c control ::hcl-dnll detoos, road clos--es, sCnn-, barrnadnE, etc.[, EaEellent -aronEs, s:Eha-e, necessar- -ater and santaroseCer adInst-ents and all other 1E Ero-e-ents. I I. I 11 antltles and Cost I stI ate L1 PROJECT _oanttLes _Ill be calcLated and tablJated ior InclLsnn n the bid LroEosal and cost estLL ates. L1 The L_GLOLI o_mon o_Lrobable constroct9n costs Lill be LreEared Lor the entire PROJECT ESnEc- rent En[t cost data. o. SEI [t Prel= narEPlans Eor Re En❑ I Si bI It t o I I I (sets oI I rel I narl I lans Ior CITI I reI IeI . I S bI It I lans to I tllltl co antes or reI IeI . IV. FINAL DESIGN PHASE I]. Pre Care Enal I Plans E ncoroorate CIT- reEnE co- -ents and dZectEes [roll the LreIC narodesEn Pans, n the Lre-aratnn o-anal constr-ctlon Pans. GR M T OR G RiiGS R G SBiTW THi1GT G II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e 1J so�_ents (610 712 01 6) PaLe LJ a_u B. Calc:Jate anal uuantlies and Cost ustQates - Re:18e the urelI[[ nar- -uantMias and oun[on ouorobable costs -er chances n the lnal desI[m and C[Tu reu-eu col I I ents. C. Prel rare Contract Doc I I ents and S ecii icat ons COL L11e Suec18I LrOU18Ldns necessar_ 9r the PROJ_CT. Co_ _118 s_ecnnatnns necessar_ 9r the PROJUCT. _n_ sueclal s_ecu[Oat[ons lull) also be -reuared. The C TLI lull) -roLude a co_u outherl contract doc-c ents [rid I➢Tal A)r-at. :1 Cou -ilo and de-elo-a Int o--eneral notes necessaru-or the PROJECT. Pre are col I I lete contract doc I ents and s ec ications or b dd ni I I rI loses. D. S-b_ t Leal Jans, s_ecLllmations, and cost estuu ates ror CLTU re-16L] SLbu tt_o uuusets ou--nal bA doc_uents Lor CLTLI reLUeu and a_LroLal. :1 Stiacmdetalled draunus and dans1Auac:Icat16ns to a-Ilro-rAte reudatoru a-enculnsuand A rrrF]cou :an-es and obtain clearance. I I. Perl Ilttlnl I The _uGluLiLiR shall -reuare a_Jnatnns to the Teas DeLLart_ent ou Lnensn_and Re-eu LTDLR__or code reuueL o_ssdelual-s and ra_ _s. atler construction the uluGlulu_R shall notuu TDLR ou cou Lletudn date. ucGEE=R shall address an:] -uest®ns or ®sues b:1 TDLR as a resdt ou re=ec and nscection b- C[tu ns-ector. TDLR reEeu and nsuectnn Qes are ncl=ded n thin ❑rocosal. The iG iiii a iR shall s b t dr died la I and tra c si anal lans to T DOT, address co I Ients, and obta n all a u ro als necessar I nol I Ti DOT to constr bt ro bsed sI Inal I I I ro e ents. One co b ned T DOT I ler t IIII be -reuared ror the -rouosed sunal--ed IntersectLon at Snider Street and Dam Bl_d n conuuncUon ufh the other -rouosed Lrulnte dr__euau connection to Daus BI d as _art o-the Su IthLold StatLon deLolou_ent. V. CONSTRUCTION PHASE GR M T OR G RiiGS R G SBiTW THi1GT G II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e 1J so�_ents (610 712 01 6) PaLe LJ a_u u. ussst the CSu in the aduertseuent outhe PROJ-CT ®r bid. The CSu shall bear the cost of lad ertlse lent. The I I GI I IR shall I ro de all necessar I I rntlnl I Iconstr cton lans, s1 ecilicatons and contract docl I ents IOr I se n obtainini I bids, a and n contracts, and constrl ct n I the PROJI ICT. The G I ii IR shall be res ons ble Or d is ers n I all I lans and s1 ecl l scat ons ro Its oLLwe to J"OS_ectLe bidders. B. The uuGu__R shall venerate addenda as needed. C. The uuG-uuR Shall attend a o-e:b d ueetnu D. ussst the CITu in the ovennu and tab:lat®n outhe constrictnn bids -or the PROJIUCT and n-oI de a FrItten Contractor recoF uendatidn to the C-F-1. I I. I Iss st in the I re arat on o I or al Contract Doc I I ents and n coord nat in the r1 e ec1 tlon b the res ectl e I Tart es. Li. The uuGL---R shall attend a ureLconstruct9n ueetlnu. G. Re-resent the CSU n the nonresident ad[] nstrat®n outhe PROJ-CT. in this cauacM:j the uuG-uuR shall ham the aEthor[tuto euerese -hate-er ruhts the CITI I a1 ha e to dlsa I ro e or I and aterals that a I to con or1 I to the Contract Doc1 ents Then s1 ch 811 res are bro I ht to the 11 G III IR s attent on. This I nction o1 IG II II I R shall not be constr ed as s1 I Ier1 Is on o I the PROJLCT and does not nc1_de onstte actu-tLes other than occas9nal sfe us[ts to ol oLerall PROJ_CT condfions or -hen suecLucallure_uested bu CITIU to -sit on site Lor a _artLcLJar Latter. Lt Lartr larl_ does not n o1Lo e-haLstule or contnLoLs onLs to ins_ecton to checuthe u_a1[tuor lu_anttLo_the uoruor Cateralunordoes Idace anuresuonsbMon the uuG-uuR [or the techn-Les and seuuences ou construct ion or the sa-etu o-ecautuon incident thereto, and :][]GEE--R u11 not be res::bnsble or Isble n anude:l-ee [or the Contractors -afire to ier oru the construct on :]or[] n accordance :11th the Contract Doc 11 1 ents. H. Cons1 It and ad1 Ise the C T ss1 Ie s ch nstrl dons to the Contractor as in the LA-iLient outhe __G _IUR are necessaruuand LreLare ro_tne chance orders as re--]-red. u Re-eL sa_ Jes, catalou data, schedJes, sho_ draun--S, Iaborator_� sho_ and 11111 tests ou Lateral and euuu]u ent and other data uhCdh the Contractor Gs reuururd to s::bu >7 onlu -or con-oruance u[th the desun conce::t outhe OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa Jduand Drana_e L soe_en[s (610 712 01 6) PaLe LJ a_LJ PROJUCT and coil -lance :Ah the nlorCaton uCen bC the Contract DOCCDentSCand asseuble uriten alarantees uhnh are reCUlred blithe Contract DOCI I I ents. J. I are or rel Iel I onthli I and anal estll ates or I al ents to Contractor, and I Inn sh to the C T I an inecessar icerti cations I roi ded b ithe Contractor, as to uauents to s-bcontractors and s_uJsrs. U. Conduct, n coL Lanu _Ith the Contractor, a I1nal uns_ect9n outhe PROJUCT for con-or_ance _Ith the desun conceLt o_the PROJUCT and coil IJlnnce ulth the Contract Doc-u entsuand au-role n ur[ffnu rnal Ca=ent to the Contractors. L. Reuse contract dra-nCs, uflh the assstance o-the CITus Resent PROJ-CT Re resentatiiie to re lect a a lable niori ation as to hoI I the I or as constri cted. The C Ti its Resident PROS CT Rea resentati e I ill I rol de the I GI I IR a redll ned set o drat I in s de Idtln chant es d rinl constrl ct on. The I IGIII I R shall re Ise orll Ilnal desl in drat In s, not in chan es di r in constructon, and subu A three ILLusets ouRecord DraLUnLS and one CDROM ULdLaInd d a 9ruat-to the C TL . OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e 1J so�_ents (610 712 01 6) PaLe LJ a_u EXHIBIT C SPECIAL ENGINEERING SERVICES FOR SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS (Main Street to Davis Boulevard) The scone o-i -ioru ILor Si in-ineeru]u Series rLol-es T.D.L.R. Se-as De--artuent ouLnensu]u and Re_IJatlon_ auJnatDn, re—e-i and u]s-ectons o_all 1at:1oruon the ❑ro ect. The scone ouuor- fir the Sic al -nuneern- Series n Core uenerall:ldescrbed as 911ous- I. T.D.L.R. Review and Inspections I The i u iGiii i R shall I rel are al I I eat ons to the Te as Del rarti ent o Lloens in and Rel Iat on Ior code rel lei o side all s and ra s. I utter constrl ctlon the I GI I II IR shall notllll T.D.L.R. o col I Ietlon date. u GI I R shall address anI I I u estons or ssI es bI IT.D.L.R. as a rest It oI Ire I @I I and nsuectlon bu CIL Lirsuector. T.D.L.R. auJnat9n, re-eu, and nsuectlon Lees are nc1_ded n this LroLosal. OR M T OR G RiOS R G SBiTW THi1GT G IIORTHRCHLUiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e TJSo�_ents (610 712 01 6) PaLe LJ o_u EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS (Main Street to Davis Boulevard) I. unulneer shall Jeuare traL-c sEnal Jans 9r the Da LS BOJeLard LLM u_L_Lat Snider Street intersect9n. Snce Da LS Bole-ard s a T-DOT roadua. the trams sLnal _11 be des—ned to T-DOT standards and sLecLoatlnns. Ior to startn[l desiIln, EnEneer -in arran[le and set:]- a ant -eet7> :11th TIDOT and CICOE-orth RCChland HIVs to dncCss deslm Cara[leters. The [lnaneer shall DreEare the 9IIo-n- Ie[l s to be nclEded in the oCerall set o-constr-ctibn I lans IOr bidding I I rI osesl I a. Lustn_ Condtons li L shoLinu _tlltL Imes, ALLnat9n, suns, JarLt]L8 and an_reLoLals. I Tra m Steal Deslm Cart [Dam Blsi. intersect onu:]sho-[rill eSStn:l till :Iti -oles, street IlII stor[l drains, ::re hEdrants, etc.-, Jer[lanent train sE[nal -oles and [last arils, [ledestrnn sl[hal -Oles, [l�sh I controller cabinet asse[lbins, slmal heads, street I:::hts, detector Tool is or other detectors, condl It, ro Ind bo es, bI Ier so rces Ith dstribi tion to sI Inal sere Ice, co I nications connectcns, I I rin d a ra s, s nal has nI I Ian, and O tiro I el I I 11 lent. c. TraZID SClnal So- [lar- Sheet [l shorn- cond:1Y and cable chart, -Ole s-[l [lar- chart, Jiasn- se[]-ence, ::Ole deta:l Dole Iocatinns dno-a[l , and all other JA3[ls re--nd :or the co[l Jete constr[lctnn oche slmals. d. M scellaneol s S Anal Deta Is I sho Ini I details ertinent to the constrLCt9n o_the tra--c sllhal. e. CIC o[l -orth Rnhland I and TOOT traZID sEinal standard detati sheets. .I In uneer shall rel are rantltics Or Ind Sion n the b d I ro osal and cost estull ate. L -in Lineer shall de elou the _eneral notes as related to the tralc sllhal :or ncl[is on in the o-erall [leneral notes -or the sonct. II. Street LI Iht Plans and Details OR M T OR G RiOS R C SBiTW THiiCT O IIORTHRCHLUiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e 1JSo�_ents (610 712 01 6) PaLe LJ o_u au [ln[Ineer shall o-eoare street Ilht Bans Tor the Sneer Road roE Man Street to Dal Is Bol le ard. Prior to starts I des Iln, I Inl Ineer I III arrant a and sets I I a Ieetlnl I I Ith CtI o I Iorth Richland Hills to d sc ss des I In ara eters. The In veer shall re are the ollol I n I Itel s to be IncII ded In the o erall set o Iconstrl Ict on Tans or b dd n I u--[loses Lill Street i Desun Lao_t -]ShO-]n_eustnuand urouosed A es Aft- voles, street ILLL , stor_ drains, ire ho rants, etc.-]street I ts, cond[lf o-oohd boes, Iocat[on o[l ever soorce [lYh dstril to street I ts. [is :]art OE the deslm eert, the [ln[lneer u11 be cross[coord nated to [latch the SEithCeld Staten o-Tate de elo-cent -lans. LILLStreet Lunt Su_ -]aru Sheet _ sho-]nu condull and cable chart, uoleLi inane s_u uaru chart, and all other teus re-Li-red Lor the co-] Llete constr-]ctton o_the street I Jets. I uI u M scellaneo s Street L I ht Deta Is I I shoe I in detalls ertlnent to the constl ct on o the street I I I I hts. LLLCituouuorth Richland i street I11ht standard detallsheets. lb[l[ln[lneer shall o-euare [lCantEbs -or ncl:lsCen n the i o-ouosal and cost est ate. I¢ a InI Ineer shall del elol Ithe eneral notes as related to the street II Ihts ILor ncI_sDin n the oerall _eneral notes -or the -rotect. III. Landsca_u]u and rrLLation fans I-]ll be ureuared Lor Snider Street and LIA be cross-coordnated to catch ulh the Suithueld Station -ruate deelou_ ent Bans. IV. [lDD-i ununeernu SerEces, not ncleed in the scoe o=orb include those serZdes that [la- rest roc slhillriant chases in the ueneral scone, e tent or character oI the PROJI CT or is desllin IncII d in , bI t not I I I Ited to, Chan es In s I e, co I lei ItI { C T s sched le, character o constr ration or I Iethod oI I Inanclnl I and re ISIril I re o sl accel ted stI d es, rel brts, des IIn docu_ents or Contract Docu_ ents -]hen such reus9ns are reu_Irled b-] chases n la-s, rLIes, re_Jatons, ordnances, codes or orders enacted sese_-]ent to the -re_aratnn ousuch steles, reubrts or doclents, or are due to another cases be and _uGI1_-]RI5 control. GR M T OR G RiiGS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa-mu and Drana_e 1JSo�_ents (610 712 01 6) PaLe LJ o_u V. 11DDiTm»L -n11neernC SerZdes not ncl-ded n the scone oEEor:� also Incl I de assistance to the C T n connect on I th b d rotests, reb dd nI I or reneI Otlat n I contracts IOr constrl Ct On, ater als, a II I I II ent or ser ce, or I rel ar n to sere a or sere In as a cons Itant or Itness or C T in an I IIti Iaton, arbtratidn or other lei al roceedlnl I in olI In the PROJI ICT. VI. uDDLTUOuuL lun--[]eeru]u SerLLces not ncI_ded n the Sco_e o_Wor" also [nclLde desEn ouan_ o1Ste tralS or sideLalLs related to the ALre Raltoad Station to be constr_cted buothers. VII. I IDD T O I L I In ineerinl I Seri Ices not ncl ded n the Sco e o IWorl I also ncl11de address H-1 an- T-DOT re-e- co-] -lents related to the ons fe u1ol c roe Tents. Onli I 11 roe cents d rectl at the Dal Is BII d street connecticns and sunal are AclLded as --art o-the Leru lit InLI Jocess. VIII. uDDLTLO__L _nluneernLser--ces in connection ulh the PROJ--CT, u]clLdinu sersies _hch are to be urn shed bu the CITL1 and series not other--se Ilro::ded [Or n thn 11-ree:1ent 1111 be at the -DIlounurates- Sta11 Meuber and Resident Prosct Resesentat::o -Salar11Cost TEE es MdtAnr ou 3.25. Salarl I Cost s del ned as the cost o I a roll o I ii IGI II I I R s, dra is I en, steno) ral hers, sI r e I en, cler s, laborers, etc., or the t le d rbctl Icharl eable to the PROJ_CT, l us socal sec-rtu contrbLticns, -ne-- JOLL ent con -ansat on u]s-rance, retre-1ent benelts, _adLal and ns-rance benelts, Ion_eAu --a-1 entS, sc--lea e, LAcatnn and holida_ua_auJnablethereto. OR M T OR G RiOS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e 1JSo�_ents (610 712 01 6) PaLe LJ o_u EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS (Main Street to Davis Boulevard) The CITL _fl -roLLde the Inllo-in_ser-loes to the L_GI1__iR n the _erLor_ance o the PROJLCT Li-on reL_estL I. I an❑ e::Igtn- data the CSL has on :te concernn:l the PROJ-CT, :11 a:13Table. II. ProI ide ani al allable s B IIt fans or a st in streets and dra nal e ac lines, II a a lable. III. PrOI ide an al enable siI lit lans Ior a istn ater and sanitarl Ise er I cans, II a-a lable. IV. Lssst the 11CGC-:1R, as necessarq in obtannEanEre-Ored data and nEorEatlon [roll TOOT andior other local A Eames. V. Prot ide standard details and s ec Icatlons In diii tal or lat. VI. I Issst the I IGIII I I R bI I rel Irn al I rol rate tllltl col I antes to el ose LnderLroLnd Affies _fhn the RLht_0iVVaL, when re-Li-red. VII. Gale Lro_ _t _rtten notice to Li-GL---R LheneLer CITL ol or other-se becoL es a_are oL an_ de elo_L ent that alects the sco_e or tL- n_ oL the LCGC-LRS seralces. VIII. Prot ide I anal T.D.L.R. constrl ct on Ins ectldns Ior Snider Street. GR M T OR G RiiGS R C SBiiTIN THiICT O I IGRTH R CHU a iD H LLS DD Wiwi SSOC T S,L.P. Snider Street Pa JdL and Drana_e 1J so�_ents (610 712 01 6) PaLe LJ a_u EXHIBIT F COMPENSATION FOR SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS (Main Street to Davis Boulevard) I. COMPENSATION Lor and n cons[deraton outhe serLCes to be rendered bathe LL GIELIL R, the CLTL shall -aq and the E-G-SLR shall rece Fro the co- -ensat:on herena]ler set COrth ®r the Des[ffn and ConstrLcton Phases oEthe Cori and add[tonall- or S-ec[al LnLneern- Sercces andEor Edd[tonal -nilneern:l Series that are [n add[tron to the Basic in ineerini Seri ices. ill re 1 ttances b 1C T o si Oh col 11 ensat on shall ether be ailed or deli ered to the 1G iii a iR s I I e o Oe as ident led in the I lore al thorl atlon. "Salaru Cosy" _sed heren Is deed as the cost o_ salarns oLL_G11_-1Rs, dra18L en, steno-ra-hers, s--ILeL -len, cler-s, laborers, etc. ror t-]e drectl-] charueable to the PROJLCT Ll--s social secJtL contrbAons, -neLlJo--Ient, e-cse and aLroll to-es, eLJo--Ient coJ --ensaton ns-rance, retre_ent beneA8, LedFcal ns❑-ance beneAs, sLLlea-e, lacaton, and hol:da»:1a11:ALable thereto. ❑. Co- -ensaton 9r the Bast :1n:11heern- SerEFces :Des7n and Bid EhasesOshall be a II I I s1 I ee o11$136,255.00, and Constr ctlon Phase ser Ices 1 1111 be col 1 leted 1Or an ho rl not to e1 ceed lee o1 $15,030. The Des111n 1 hase 1 ort on o the Bas c 1 n1 sneer n 1 Serf Ices shall be col 1 11 ted at W_ o_the total Basic Ser-tes Char_eLand the Constr_ct[on -tease Lorton o_ the Basic JnJneernL Seruces shall be coo L-ted at -1_L o-ithe total Basic Lin Lneern-I Ser-tes Char-e. PaO=ent nrthe Desk tease portion o::the Basic LnLneern-SerZdes shall be die n -onthl:1 nstallLents n the TOLorton to that dart o-the ser0-ces n the Desk Haase :Ihnh haEo been acco»shed. -nal :a-tent or ser-des a thor I1ed in the Des in 1 hase shall be d e at the co 1 let on o these ser ces. Pal 1 ent for the Constr 1ct on hase o1 lthe Bas c in neer in 1 Ser oes shall be ho rl and shall onl be raid Or e orts 1 for ed on this 1 hase o the rolect. B. Co-] --ensaton or S_ecal Lnuneern_ SerLOes not colored b_ the Basic Lnuneern-I Ser--ceS -ro-Ided heren abo-e shall be as [ollo_s-I GR M T OR G RiiGS R G SBiTW THi1GT G IIORTHRCHLUiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JnL and Drana_e TJ so�_ents (610 712 01 6) PaLe LJ a_u Desur SurueusD Done uSeuarate contract. Geotechnlcal Desi in and Rel orti I I lone I ISe arate contract. TDLR I lication, Re lei I and ins ectlonsl I L I I iSi I ee o $1,678.00 C. Co_ _ensat9n Lor uddtLonal unulneern_ Seruoes not covered bu Basic ununeern_ Seruoes or SuecL81 ulnulneerinul Serunes -rouded herein shall be as LoIIODSu Tramic SCnal DesCn- Cu uSD= Dee o=$24,070.00 LThtrlu Des Fin- Cu aSu -ee o-$13,900.00 Landscal e, Hardscal a and Irr I ratlon ITOD L I I ISI I ee o $19,970.00 T-DOT Per_ tPreuaraton and SLbu Italsu L_u LISu_ _ee o_$7,420.00 DesL-no_u,u_uLLI o_uu0otsldeualualonu the uests ldeo_DaL.8BI d [POu _._. ParLLau to Man Street. Does not Include anu Lranchlse _tlltu coordination ecorts that Daube reuuredu Cu uSEl- Dee 0=$4,245.00 Dor all direct nonitabor and-or subcontract e0=ense, lhcludou a Ieaue, traEt l and II IN e I enses at nI o ce or Internal oI Ice cost tI es a ItII IIIer o 1.10. Pall ents to the I IG I IR or a thor I ed ddltlonal nI neerinl I Ser Ices II be di e I Ionthll I I I on I resentaton o onthl state) ent b the I IGIII I R Ior s_ch serL-ces. II. AUDIT AND SCOPE CHANGE Cost buduets are set orth above and are s-blect to the audlt ❑rou-sons outhiss Dureeuent, Section X== T2uht to =udn 1 s also understood that the cost buduets are based D=on =uGIIEuuRs best estimate o- -or[] and le=e) ouellort re I Ired Ior the ro osed scot a oI Iserl ces. I s the PROJ CT I rol resses, ItI Is I oss ble that the lei el o el ort and or scot e I I di Ier I u or do In ro I that asst I Ied. Ilthere are no sco e chant es, the IG IIII a IR shall rece Ile the IIII a Iol nt oI III I I I s I I and ntl I rice ees, rel erdless oI the cost. I Iat an tI le It a_uears that the cost bud_et Li a- be euceeded, the _LiGLLLUUR shall notLLU the CLTLI as soon as Lossble in -I r tin Ll GR M T OR G RiiGS R G SBiTW THi1GT G II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa Jduand Drana_e L soe_en[s (610 712 01 6) PaLe LJ a_LJ ITrthere e a scone chan-e, the nTG -uR shall notlTthe CTT as soon as ossble In I Irtln land shall ncll de a rel Ised sco e o Iser tes, est ated cost, re Sed ee schedne, and a reed tie oTco- netbn. --on neotleton and a ree-ent Tn a sTned a-endTent buboth -artes, the cost b-dot, ee sched-le, and total b-dnet LIill be ad-sted accord nn, CITLII shall not be oblltated to reel b_-se the uuIGI1_uR 9r costs nc_rred n e cess o_the cost b_dot. The uuIGI1_uR shall not be obl--ated to ueroru on anLI chan_e in scone ouuoruor otherote nc-r costs unless and otIthe CITo has notudd the ouG❑=oR in ornu that the total bod=et or -nuneernu SerE:Oes has been ncreased and shall hao s=ecled n such notte a reused total boduet uh[Ch shall thereT on constriFte a total bTd-et For unnneer n- SerTdes or uerlornance rnder the F -reel ent. F1 detailed scone on -orr� total b-duet, and schedne um be n-eTared bT the uuG❑_uR and eocuted bathe CT_ -]the uuIGI1_uR IS authorued to uerLor_ an_udditonal Lin JneernuSerJOeSu III. PAYMENT Pa=ents to the uuG❑uuR u11 be uade as ollousu u. nolde and T-leon'aTent Monthl- noldes T11 be Issod b-the Fl-G---]R or all or] ororned -nicer the -In-ee-lent. notes are d and ooble on recerTt. notes n11 be ure_ared n a oruat auLirood b_ the CT_ uror to so_ sslon o_the Inst uonthl_ note. Once aul-rood, the CITU aurees not to reu_Irle chanos n the nuolde oruat, but reseros the runt to audt Monthl_ uauu ent outhe �ee ullll be in soort9n to the _ercent cou IJeton outhe total _oruos ndnated in L1_hbtBu [Bast ununeernuSero-cesZ upon couneton oo serstes en-aerated in uEhbm Bu "Scone ou Bast nnnneernTSer7deS", the -nal Talent o-an-balance nfl be do -Ion recerTt o the nal in o ce. GR M T OR G RiiGS R C SBiTW THiiCT O II ORTHRCHLuiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JdL and Drana_e 1J so�_ents (6/0712016) PaLe LJ o_u EXHIBIT G FORM 1295 FOR SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS (Main Street to Davis Boulevard) L-or_ uWL Is sLbL Itted as the Rollo-in_ uaLe_ GR M T OR G RiOS R C SBiTW THiiCT O IIORTHRCHLUiDHLLS DD Wiwi SSOC T S,L.P. Snider Street Pa JdL and Drana_e TJ so�_ents (610 712 01 6) PaLe LJ a_u "RH NORTH MCF11,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Authorize the city manager to enter into a Memorandum of Understanding with the cities of Richland Hills, Watauga, and Haltom City for a joint project which will provide new video conferencing systems to all fire stations under the Assistance to Firefighters Grant. PRESENTER: Stan Tinney, Fire Chief SUMMARY: This item is to authorize the city manager to enter into a Memorandum of Understanding with the cities of Richland Hills, Watauga, and Haltom City for a joint project which will provide new video conferencing systems to all fire stations under the Assistance to Firefighters Grant. GENERAL DESCRIPTION: The City of North Richland Hills Fire Department works closely with the cities of Richland Hills, Watauga, and Haltom City on training and response operations. Currently, training can only take place in small groups due to the restrictions of equipment needing to remain in their district for adequate emergency response. Implementing a four city video conferencing system in all of the fire stations will allow training to be coordinated remotely. These video systems give fire department staff the ability to coordinate and train while remaining in their designated station district. This project was submitted by Haltom City on behalf of the other three shared services cities. Haltom City will also take on the role of administrator of this grant. Haltom City is requesting $299,875.00 in total funding in this grant application. The Assistance to Firefighters Grant (AFG) requires a local match of 10% from the participating agencies. The total local funds committed for this project is $29,987.00. The estimated match requirement for the City of North Richland Hills is $14,993.50. These funds have been identified and set aside in anticipation for this project. RECOMMENDATION: Authorize the city Manager to enter into a Memorandum of Understanding with the cities of Richland Hills, Watauga, and Haltom City for a joint project under the Assistance to Firefighters Grant. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter referred to an "MOU") is made and entered into by and between cities of North Richland Hills, Haltom City, Richland Hills and Watauga. The purpose of this MOU is to establish the activities and other responsibilities that The City of Haltom City shall undertake as the "Regional host" and lead applicant of a regional FY16 Assistance to Firefighters Grant (AFG) application for video conferencing equipment and related infrastructure, following the award of the FY16 Assistance to Firefighters Grant. The City of Haltom City is requesting $299,875.00 in funding in this grant application. It is a requirement of the grant that 10% of the total cost of the request is matched by the applicants. The total amount in Federal funds requested is $269,888.00. The total amount of local funds committed for this project is $29,987.00. The total cost of this project, including federal and local funds is $299,875.00. Responsibilities: City of Haltom City will: • Be lead fiscal agent as well as lead the project team; • Provide contractual oversight of all partners; • Provide fiscal management of project; • Ensure compliance with all contractual requirements; • Follow all grant requirements in the implementation of the program; • Advise on technology and provide support; • House and maintain technology infrastructure for video conferencing project; • Support and empower communications between all participating partners; • Collect and report data to project team; • Work with each participating department to ensure sustainability plan; • If awarded, do all required post-award grant reporting. Each participating department will: Upon award, use the awarded video conferencing to improve and increase training and communication between the participating departments listed in this agreement and at each individual department's own training location. The equipment will be distributed accordingly to each Fire Station within the four cities. Uses of video conferencing equipment include: Department training, including but not limited to, building construction, situational awareness, and preventing attacks on infrastructure. • Assist with the facilitation of joint meetings between departments of the four cities. • Assist with multi-company exercises that provide realistic situations and allow for on-site grading and development of viable solutions to emergency situations. The participating departments in this MOU include the following organizations: • North Richland Hills Fire-Rescue, 4301 City Point Drive North Richland Hills, TX, 76180, Match Amount $14,993.50 • Haltom City Fire-Rescue 5525 Broadway, Haltom City, TX, 76117, Address, Match Amount $8,996.10 • Richland Hills Fire-Rescue, 3201 Diana Drive, Richland Hills, TX, Match Amount $2,998.70 • Watauga Fire Department, 7105 Whitley Road Watauga, TX ,76148 Match Amount $2,998.70 Total Match Funds Committed: $29,987.00 2 1 :n MEMORANDUM OF UNDERSTANDING In witness whereof, the parties of this MOU through the duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of the MOU as set forth herein. The effective date of this MOU is the date of the signature last affixed to this page. Participating Department North Richland Hills-Fire Rescue 4301 City Point Drive, North Richland, TX, 76180 Federal Identification Number (FEIN): Authorized Official Name (Typed): Signature: Date: Authorized Official Title: Point of Contact Name: Signature: Date: Point of Contact Title: The Local Match committed by this participating department is: $14,993.50 Participating Department Haltom City Fire-Rescue 5525 Broadway, Haltom City TX, 76117 Federal Identification Number (FEIN):1-75-6003105 Authorized Official Name (Typed): Signature: Date: Authorized Official Title: Point of Contact Name: Signature: Date: Point of Contact Title: The Local Match committed by this participating department is: $8996.10 Participating Department Organization: Richland Hills Fire-Rescue City, State, Zip: Richland Hills, 3201 Diana Drive, Richland Hills, TX, Match Amount Federal Identification Number (FEIN): Authorized Official Name (Typed): Signature: Date: Authorized Official Title: Point of Contact Name: Signature: Date: Point of Contact Title: The Local Match committed by this participating department is: $2998.70 Participating Department Organization: Watauga Fire Department City, State, Zip: Watauga, TX, 7105 Whitley Road, 76148 Federal Identification Number (FEIN): Authorized Official Name (Typed): Signature: Date: Authorized Official Title: Point of Contact Name: Signature: Date: Point of Contact Title: The Local Match committed by this participating department is: $2998.70 "RH NORTH MCF11,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Conduct Public Hearing and consider Resolution No. 2017-009, adopting the 43rd Year Community Development Block Grant Program. PRESENTER: Kristin James, Assistant to the City Manager SUMMARY: The United States Department of Housing and Urban Development (HUD) requires that a public hearing be held so that the City can receive comments and input from citizens regarding the 43rd Year Community Development Block Grant program project. Following the public hearing it is necessary for City Council to take action regarding the project to include in the 43rd Year Community Development Block Grant (CDBG) program. Tarrant County and the City of North Richland Hills have entered into a joint agreement whereby Tarrant County is given the authority to administer the program. GENERAL DESCRIPTION: In 1996, HUD designated the City of North Richland Hills as a metropolitan city to receive direct entitlement of Community Development Block Grant (CDBG) funds. On June 24, 1996 the City Council accepted the direct entitlement designation and entered into an agreement with Tarrant County for the administration of the City's CDBG program. As a result of the direct entitlement designation, the City is awarded an annual grant on a formula basis to help provide a wide range of community development activities. CDBG funds are used in the revitalization of neighborhoods, economic development, and to provide public facilities and services for low to moderate income persons. Eligible CDBG projects include construction or rehabilitation of homes, basic infrastructure development such as water/sewer facilities, streets and other programs that target designated areas or persons. The programs/projects selected by the City must fall in the geographic target area identified by the most recent census (2010 Census) as being in an area with low to moderate income persons. Each program year, the City must prepare and submit a CDBG program outlining the use of these funds in accordance with HUD guidelines. Staff was informed that the City of North Richland Hills will be awarded approximately $250,000 for the 43rd Year CDBG program. This money will be used for the reconstruction of the entire length of Meadow "RH NORTH MCF11,AND HILLS Court. The reconstruction of Meadow Court is being proposed as the City's 43rd Year CDBG Project because the poor condition of the street makes it unfeasible to include it with the annual Preventative Street Maintenance Program; too much of the existing pavement and all of the subgrade needs to be replaced. When streets reach this condition level it is more economical to reconstruct the entire street. HUD requires that a public hearing be held so that the City can receive comments and input from citizens regarding the 43rd Year CDBG program project. RECOMMENDATION: Approve Resolution No. 2017-009, adopting the 43rd Year Community Development Block Grant Program. RESOLUTION NO. XXXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS APPROVING THE PROJECT FOR THE 43RD ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills will receive Community Development Block Grant (CDBG) funds for the 43rd CDBG program year; and WHEREAS, CDBG funds are used to assist with revitalization of neighborhoods, economic development, and to provide public facilities and services for low to moderate income areas; and WHEREAS, the City of North Richland Hills is desirous to receive CDBG funds to improve the quality of life in the identified target area of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City requests approximately $250,000 in CDBG funding for the 43rd Year CDBG program. SECTION 2. That the North Richland Hills City Council hereby designates the 43rd Year CDBG Project as reconstruction of the entire length of Meadow Court, including the cul-de-sac (the "Project"). SECTION 3. That the entire amount received in CDBG funds for the 43rd Year be used for the Project. SECTION 4. That this Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED this the 27th day of February, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia Farmer, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Managing Director "RH NORTH MCFILAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Ordinance No. 3449, Public Hearing and consideration of ordinance adopting Youth Programs Standards of Care PRESENTER: Ron Newman, Member Services Supervisor SUMMARY: The purpose of this report is to request City Council approval of an ordinance adopting the North Richland Hills Youth Programs Standards of Care. Adopted standards are a Texas Department of Family and Protective Services requirement for an exempt status for day care licensing. A public hearing is required for adoption of the ordinance. The public hearing and adoption of the ordinance may occur on the same day. GENERAL DESCRIPTION: The City of North Richland Hills Parks and Recreation Department offers day camp programs for children ages five to thirteen. The Texas Legislature requires municipal day camp youth programs for elementary age children to meet day care licensing requirements or file for an exemption (Section 42.041(b)(14) of the Child Care Standards and Regulations of the Texas Human Resources Code). To receive exempt status, a municipality must submit a copy of program standards, a notice of a public hearing for the program and a copy of the ordinance adopting the standards. The Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by the City of North Richland Hills Parks and Recreation Department, allowing the department to qualify for an exemption from the requirements of the Texas Child Care Standards and Regulations within the Texas Human Resources Code. The City of North Richland Hills day camp program meets, and in some areas exceeds, many of the standards listed in the State's Child Care Standards and Regulations. All of the Standards of Care included in the City of North Richland Hills Parks and Recreation day camp policies and procedures have been in place for several years and have been used in the staff training process prior to camp each year. The Standards of Care are provided to the parents of each program participant and includes, at a minimum the following areas: • Minimum requirements for staffing ratios. • Staff qualifications and essential job functions. • Facility, health and safety standards. "RH NORTH MCF11,AND HILLS • Training and procedures for reporting child abuse/neglect allegations. • Written procedures stating that parents and each staff member will be provided a set of standards. • Contact information of department supervisors for the purpose of complaint notification and resolution regarding the recreational program. • Written procedures for staff who will be monitoring the programs and enforcing the standards. • Requirement of criminal background checks on prospective day camp employees. • Service standards for communicating with parents and performance expectations of day camp employees. • Behavior management and discipline procedures. • General rules and regulations. The application for exemption determination and the formal adoption of the Youth Programs Standards of Care and ordinance is an annual requirement so that the Standards of Care can be revised as needed to reflect current regulations. This is the thirteenth year for the formal adoption process. The Park and Recreation Board, at their February 6, 2017 meeting, approved a recommendation to forward the North Richland Hills Youth Programs Standards of Care to City Council for formal adoption. RECOMMENDATION: Approve Ordinance No. 3449. "RH NORTH MCF11,AND HILLS ORDINANCE NO. 3449 AN ORDINANCE READOPTING SECTION 62-10 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS CODE OF ORDINANCES READOPTING THE CITY OF NORTH RICHLAND HILLS YOUTH PROGRAMS STANDARDS OF CARE, FOLLOWING A PUBLIC HEARING. WHEREAS, the Human Resources Code; Section 42.041(b)(14), established requirements for exempting recreational programs operated by municipalities for elementary age (5-13) children from childcare licensing requirements; and WHEREAS, in order to receive exempt status for a youth recreational program, a municipality must adopt standards of care by ordinance after a public hearing for the program and a copy of the ordinance adopting the standards forwarded to the State; and WHEREAS, the City of North Richland Hills Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by Parks and Recreation and other departments in accordance with Section 42.041(b)(14) of the Human Resources Code: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. Sec. 62-10 of the North Richland Hills Code of Ordinances is hereby readopted as follows: "Sec. 62-10. Youth Programs Standards of Care" "The City Council of the City of North Richland Hills hereby adopted the City of North Richland Hills Youth Programs Standards of Care for providing basic child care regulations for day camp activities operated by the Parks and Recreation Department as well as other departments. As required by Section 42.041(b)(14) of the Human Resources Code, the Standards adopted by this ordinance include staffing ratios; minimum staff qualifications; minimum facility, health, and safety standards; and mechanisms for monitoring and enforcing the adopted local standards. A substantial copy of the City of North Richland Hills Youth Programs Standards of Care is attached hereto and incorporated herein for all intents and purposes and shall be available on the City's website under the Parks and Recreation subhead." SECTION 2. This ordinance shall be in full force and effective immediately after passage. "RH NORTH MCF11,AND HILLS SECTION 3. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption of this ordinance as an alternative method of publication provided by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 27th day of February, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, Managing Director of Community Services City of North Richland Hills Parks and Recreation Department Youth Programs Standards of Care I. GENERAL INFORMATION /ADMINISTRATION Purpose: To provide basic childcare regulations for activities operated by the North Richland Hills Parks and Recreation Department. This will allow the department to qualify as exempt from requirements of the Texas Human Resources Code. A. Organization: 1. The governing body of the City of North Richland Hills Youth Programs is the City of North Richland Hills City Council. 2. Implementation of the Youth Programs Standards of Care is the responsibility of the Assistant Director of Recreation and Recreation Division Staff. 3. The Youth Programs Standards of Care will apply to several day camp programs which are conducted by the North Richland Hills Parks and Recreation Department throughout the year. 4. Each Youth Program site will have available for public and staff a current copy of the Standards of Care. 5. Parents of participants will be provided a current copy of the Standards of Care during the registration process. B. Implementation: The Standards of Care Program will be the responsibility of the Parks and Recreation Department, with the Recreation Coordinator overseeing the overall program and the Day Camp Director administering the program on-site. Regulations apply to these on-going programs: Winter Break Camp Spring Break Camp Summer Day Camp Fall Break Camp Sport and Art Camps Youth Programs Drop-in Childcare Other: Each camp will make available for public and staff a current copy of the Standards of Care. Parents of participants will be provided a copy of Standards of Care during the registration process and the Camp NRH parent orientation prior to camp starting each year. Program Sites: NRH Centre, 6000 Hawk Avenue C. Day Camp Objectives: 1. To provide youth with the opportunity to experience a variety of recreational activities which include sports, games, arts and crafts, education, drama, special events, field trips, tournaments, etc. 2. To provide an encouraging atmosphere emphasizing positive development of physical skills, emotional growth and self-confidence. 3. To provide a safe environment; always promoting good health and welfare for all. 4. To teach children how to spend their leisure time wisely; in an effort to meet the emotional, physical, and social needs of the child. D. Exemption Status: Once an exempt status is established, the Licensing Division will not monitor the recreational program. The Licensing Division will be responsible for investigating complaints of unlicensed child care and for referring other complaints to the municipal authorities or, in the case of abuse/neglect allegation, to the local police authorities. E. Standards of Care Review: Standards will be reviewed annually and brought to the City Council for approval after a public hearing is held to pass an ordinance regarding section 42.041(b) (14) of the Texas Human Resources Code. Childcare Licensing will not regulate these programs nor be involved in any complaint investigation related to the program. Any parent, visitor or staff may register a complaint by contacting the North Richland Hills NRH Centre Manager at 817-427-6600 or the Parks and Recreation Administrative Offices at 817-427-6620, Monday through Friday, 8:00 a.m. - 5:00 p.m. II. STAFFING A. Day Camp Director— The Day Camp Director directs a staff of 10 day camp counselors and supervises the activities of children in a day camp setting. 1. Essential Job Functions: a.) Direct and supervise all counselors including hiring and training. b.) Complete and submit proper records including camp schedules, counselor work schedules, payroll, accident/incident reports and attendance. c.) Develop age appropriate camp curriculum (5-15 years) in accordance with the philosophy of the program. d.) Ensure staff is committed to following established guidelines, procedures and standards. e.) Maintain an orderly, clean and safe environment for the children while promoting a non-competitive program directed toward accentuating positive behaviors, physical development and emotional growth. f.) Develop and distribute a weekly schedule of activities. g.) Complete facility reservations and transportation needs for all camp activities. h.) Schedule, confirm, obtain and distribute payment for all field trips. i.) Maintain supplies, equipment and all necessary documentation for the operation of the camp. j.) Communicate to parents about camper's progress and activities. k.) Conduct on-going program evaluations implementing approved recommendations as needed. I.) Provide reports to the Recreation Coordinator on a weekly basis to monitor camp activities throughout the program. 2. Qualifications: a.) Bachelor's Degree in Education or Recreation is preferred but not required. b.) A minimum of three years experience as a camp counselor and/or educator. c.) Requires a valid Texas driver's license with a good driving record over the last three years. d.) Must pass city criminal background check prior to hiring. e.) Must pass pre-employment drug screen and/or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Requirements of Work: a.) Director must complete the mandatory staff training program of at least 20 hours, in addition to planning hours with site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, training and examination program on sexual abuse and child molestation, as well as practical skills on activities for children in games, songs and crafts. b.) Ability to be physically active and involved with children all day. c.) Ability to lift 55 pounds. d.) Knowledge of child development and age appropriate activities. e.) Advanced organizational and communication skills. f.) Team leadership abilities. g.) Varied experience in a variety of activities including sports, arts, nature, drama and cooperative activities. B. Day Camp Counselor— The Day Camp Counselor is responsible for direct leadership of youth ages 5-15 in a variety of activities including, but not limited to games, sports, crafts, special events and field trips. The counselor assists in planning and organization of camp schedules, activities, supplies and equipment, and is also responsible for cleanliness of the areas used by camp participants. The counselor positions are also responsible for completing necessary forms relating to attendance, check-in/check-out procedures, accidents, and incidents. 1. Essential Job Functions: a.) Promote a non-competitive, positive, self-image enhancing environment for each participant through the direction of non-competitive, fun, varied and well organized activities. b.) Directly lead activities using a method that will provide opportunity for the involvement of all children on an equal level. The Counselor prepares, in advance, directions for activities, daily schedules and required equipment used during the activities. c.) Exhibit enthusiasm for the activity to impart a feeling of excitement to camp participants. d.) Follow procedures for camper check-in/check-out. Reports accidents/incidents, behavioral modifications and camp schedules. e.) Follow guidelines for safety and storage of equipment, including inventory of supplies. f.) Ensure safety of youth during transportation while on field trips. g.) Provide and adhere to established guidelines set forth for the safety, behavior, communication and discipline of the camp participants. h.) Recognize and reward positive, improved and outstanding behavior and/or accomplishments of camp participants. 2. Minimum Qualifications: a.) High school diploma with two years of college preferred. b.) One year experience working with children in a day camp setting. c.) A valid Texas driver's license with a good driving record over the last three years. d.) Must pass criminal background check prior to hiring. e.) Must pass pre-employment drug screen and/or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Other Requirements: a.) Staff must complete the mandatory staff training program of at least 20 hours, in addition to planning hours with site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, training and examination program on sexual abuse and child molestation, as well as practical skills on activities for children in games, songs and crafts. b.) Staff must exhibit competency, good judgment and self control throughout the duration of the camp. c.) Staff should relate to the children with courtesy, respect, acceptance and patience. d.) Staff will be evaluated at least once during the summer prior to the completion of camp. Evaluations will be reviewed with the camp counselors to discuss any areas of improvement or suggestions. 4. Criminal Background Checks: Criminal background checks will be conducted on prospective day camp employees. Applicants may be disqualified if they have a job related criminal conviction. A prospective employee will be subject to a pre- employment drug test and/or physical prior to hiring. 5. Staffing Ratios: The state required ratio for number of children (ages 5-15) may not exceed 15:1 children to staff. Camp NRH Day Camp maintains 12:1 children (ages 5-15) to staff ratio. On all field trips Camp NRH Day Camp maintains 6:1 children to staff ratio. III. FACILITY STANDARDS A. Emergency evacuation and relocation plans will be posted at each facility. Program employees will inspect sites frequently for any sanitation or safety concerns. Those concerns should be passed on to the Recreation Coordinator or NRH Centre Manager immediately. B. Each camp must have a fully stocked first aid kit. This shall be checked and stocked on a weekly basis by the Recreation Coordinator. It shall include bandages and Band- Aids, first aid cream, rubber gloves, Neosporin, alcohol wipes, hot/cold packs, gauze, tweezers and scissors. C. In a situation where evacuation is necessary, the first priority of staff is to make sure all participants are in a safe location. Program sites will be inspected by the Fire Marshall annually. Each Facility Manager is responsible for compliance with Fire Marshall's directives. The recommended number of fire extinguishers shall be inspected quarterly and available and "primed" for use. Fire drills should be conducted once a month during the summer camp. D. Medication will only be administered with written parent consent completed on the registration form provided by the City of North Richland Hills. Prescription medications shall be left with staff in their original container, labeled with the child's name, date, directions, photo of the child and the child's physician's name. Medication will be logged into the Medication Log Book. Medication shall be dispensed only as stated on the bottle unless directed otherwise by parent/guardian or physician, and not past the expiration date. E. Non-prescription medicine with the child's name and date on the medication may be brought if in the original container. This medication will also be logged in the Medication Log Book and be dispensed only as stated on the bottle unless directed otherwise by parent/guardian or physician. F. Each indoor site shall have adequate indoor toilets and lavatories located such that children can use them independently and program staff can supervise as needed. There shall be one flush toilet per 30 children. Outdoor sites shall provide portable toilets based on number of children attending each day. Sinks shall be provided based on 1 sink per 30 children. G. All participants must wear tennis shoes daily. Sandals will not be allowed. IV. SERVICE STANDARDS—Day Camp Staff A. This information will be provided to each staff member as a part of the day camp staff manual: 1. Appropriate shirts, shorts and tennis shoes are to be worn at all times. Camp NRH staff shirts are to be worn on the designated days. No tube tops allowed. Shorts should be at a respectable length, no cut-offs. No clothing should bear any inappropriate logos, phrases, or pictures. Any staff member, who does not adhere to the dress code, will be sent home for the day without pay. 2. Staff will be provided with two Camp NRH T-shirts. Uniform schedules will be given to staff during training and should be followed throughout the summer. Any deviation must be approved by the Recreation Coordinator. 3. Only one-piece bathing suits may be worn when visiting NRH2O. 4. Name tags/IDs should be worn and clearly visible at all times. 5. Camp participants and parents will be treated with respect at all times. 6. Camp staff will take it upon themselves to resolve complaints. Do not refer the customer to another staff member, unless necessary. If you are unable to resolve the complaint on the spot, take the customer's name and phone number, investigate the complaint and follow up with the customer. All complaints should be recorded (problem and resolution) on a Customer Comment Form provided by the Recreation Coordinator. 7. Camp staff will keep parents informed of camp activities. A weekly schedule will be distributed one week in advance and extra copies will be kept with the daily sign in log. In addition to hard copies of the weekly schedule parents will be notified of changes to the schedule via email correspondence. Camp staff will note details of behavior of campers (accomplishments, discipline problems, general activities, etc.) in the daily campers log and verbally update parents as much as possible. 8. Camp staff will monitor the check-in/check-out log at all times. 9. Camp staff will clean program areas after each activity. Floors will be swept/vacuumed, mirrors cleaned, and supplies put away. This is extremely important due to the fact that rooms are used throughout the day by other groups. 10. Camp staff will spend the majority of their time actively involved with campers and/or parents. Camp staff will check all messages for the day, prior to beginning any camp activities. VI. OPERATIONAL ISSUES A. Emergency phone numbers are kept at the NRH Centre front desk, as well as with the Day Camp Director on field trips. Those numbers include fire, police, and ambulance services. B. The Day Camp Manual is provided to every staff member and outlines the following: 1. Behavior Management and Discipline Procedures 2. Rules and Regulations 3. Forms 4. Service Standards 5. Game/Activity Leadership 6. Guidelines for Communication with children and parents C. Check-in/check-out forms will be used every day. Only adults listed on the camper's release form will be allowed to pick up children. The authorized parent/guardian must enter the building and sign the check-out form in order for staff to release the child. D. Emergency evacuation and relocation plans will be posted at each facility. E. Transportation Requirements A Texas state law for child safety seats; specifically booster seats, went into effect on September 1, 2009. This law applies to children under the age of 8 and under 4'9" tall. This law will apply to Camp NRH participants between the ages of 6-7 years old. The law states: • Once a child reaches eight (8) years old, they are not legally required to be in a child safety seat system. • If the child is younger than eight years old, BUT they are already 4'9" tall, they are not legally required to be in a child safety seat system. • If a child is eight years old or older; and not yet 4'9" tall, they are not legally required to be in a child safety seat system. • The law requires that safety and booster seats be installed and used according to the manufacturer's instructions, including age, height and weight requirements and the placement in the vehicle. In compliance with this new law, parents will be required to provide a booster seat for their child if that child is under 8 years old and measures less than 4'9". This new requirement will be sent to parents via letter and email prior to May 1 of each camp year. Camp NRH will have five booster seats on-site for transportation services required for field trips and other Camp NRH activities in the event that a camper forgets to bring their booster seat with them to camp. Camp NRH staff will be trained to identify children that are required to be in a booster based on birth date of camper identifying the legal age of the child and by utilizing a height measuring tool. In addition, staff will be trained by City of North Richland Hills Police Department officers on how to properly install a child safety seat. Coordination of this training will be scheduled and confirmed by the Recreation Coordinator who oversees Camp NRH. F. Parents will be notified regarding planned field trips and provided the required release forms. Enrollment information will be kept and maintained on each vehicle while traveling to and from field trip sites. G. Enrollment information will be kept and maintained on each child and shall include: 1. Child's name, birth date, home address, home telephone number, physician's phone number and address and phone numbers where parents may be reached during the day. 2. Name, driver's license number and telephone number of persons to whom the child can be released. 3. Field trip release form as needed. 4. Liability waiver. 5. Parental consent to administer medication, medical information and release on participant. H. Staff shall immediately notify the parent or other person authorized by the parent when the child is injured or has been involved in any situation which placed the child at risk. I. The Recreation Coordinator shall notify the parents/guardians of participants' if/when there is an outbreak of a communicable disease in the facility as required by the County Department of Health. Staff must notify parents of children in a group when there is an outbreak of lice or other infestation in the group. VII. BEHAVIOR MANAGEMENT AND DISCIPLINE PROCEDURES A. Program employees will implement discipline and guidance in a consistent manner based on an understanding of individual needs and development with the best interests of program participants in mind. B. There will be no harsh, cruel, or corporal punishment used as a method of discipline. C. Program employees may use brief, supervised separation from the group if necessary. Children will be aware of all camp rules prior to the start of any activity. Their understanding of the rules is an integral part of behavior management. When negative behavior occurs they will know there is a consequence for their chosen action. D. Incident reports will be filled out on any disciplinary cases, and information is to be shared with parents when picking up the child (or sooner when extreme cases occur). Parents will be asked to sign the incident reports to indicate they have been advised about specific problems and/or negative behaviors. F. A sufficient number and/or severe nature of discipline reports as detailed in the program manual may result in a participant being suspended from the program. Parents/guardians will be contacted to pick up their child immediately. G. In instances where there is danger including physical harm or threat of physical harm to participants, staff, or themselves; the offending participant(s) will be removed from the program immediately. Parents/guardians will be contacted to pick up their child immediately. VIII. ILLNESS OR INJURY A. Participants shall have and maintain immunizations in accordance with those required by the Texas Department of Health for public school attendance according to age. B. Parents shall be notified in cases of illness or injury. C. An ill child will not be allowed to participate if the child is suspected of having a temperature and/or accompanied by behavior changes or other signs or symptoms until a medical evaluation indicates that the child can be included in the activities. In the event an injury cannot be remedied through basic first aid, staff shall notify paramedics. D. When an injury occurs, an incident report shall be filled out immediately after the incident, with the original sent to the NRH Centre Manager's office with a copy kept in the Day Camp files. E. In the event of suspected abuse, program employees will report suspected abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be immediately reported to the Assistant Director of Recreation. The Assistant Director will immediately notify the Police Department and any other agency as may be appropriate. F. Texas state law requires the staff of youth programs to report any suspected abuse or neglect of a child to the Texas Department of Family and Protective Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. IX. GENERAL GUIDELINES FOR CHILDREN A. As a part of the Day Camp Manual, staff should be given the following information: 1. A child is not allowed to use the phone unless it is an emergency. In this case, Day Camp staff should make the call for the child. 2. Children must stay off tables, counter tops, ping pong tables, etc. 3. Children should walk in the building. Running is only permitted in the gym. 4. Bouncing and throwing balls is permitted only in the gym or designated game area with direct supervision from staff. 5. Active games using equipment that can cause damage to window, shades, lights, and ceilings must be played only in the gym or outdoors. 6. Children must respect staff and each other. 7. Children must wear shoes at all times. 8. Children must be contained and not allowed to filter in the general public. You must know where each child is at all times. B. The program will provide activities for each group according to the participants' ages, interests and abilities. The activities should be flexible and promote social and educational advancement. 1. A weekly calendar of activities will be posted for parents the Friday prior to the next week of camp. 2. When taking field trips, staff will: a.) Count everyone before they leave the program site as well as prior to leaving the field trip site. b.) Carry medical information on each child and necessary medication with them on the trip. c.) Carry a first aid kit and mobile phone in all vehicles and while on-site. d.) All participants are required to wear wristbands that have Camp NRH and NRH Centre phone number inscribed on them. Participants are also encouraged to wear camp shirts so that children are easily identified. X. MONITORING AND ENFORCEMENT A. Standards of Care established by the City of North Richland Hills will be monitored and enforced by City Departments responsible for their respective areas. Health and safety standards will be monitored and enforced by the City's Police, Fire, and Consumer Health Departments when applicable. B. Staff and program issues will be monitored and enforced by the North Richland Hills Parks and Recreation Department. The NRH Centre Manager shall visit each site on a bi-weekly basis. The Recreation Coordinator is responsible for visually checking the camp activities on a daily basis. When not available, another full-time staff person is responsible for that check. C. Monthly reporting by the Recreation Coordinator to the NRH Centre Manager will include a review of adherence to the Standards of Care as well as operational summaries of the programming month. For further information regarding the Youth Program Standards of Care or any other information about the youth programs offered through the City of North Richland Hills Parks and Recreation Department please contact the NRH Centre Manager or Recreation Coordinator at 817-427-6600 or email NRHPARD ccDnrhtx.com. "RH NORTH MCF11,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Consider Resolution No. 2017-007, appointing members to Keep NRH Beautiful Commission. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The City Council is being asked to approve the recommendations of Council member Lombard and Mayor Trevino to the Keep NRH Beautiful Commission. GENERAL DESCRIPTION: On February 13, 2017, City Council appointed Justin Welborn to fulfill the vacancy on the Planning and Zoning Commission, Place 2. Prior to Mr. Welborn's appointment to the Planning and Zoning Commission, he served in Place 3 on the Keep NRH Beautiful Commission. Upon his appointment to the Planning and Zoning Commission, Mr. Welborn submitted his resignation from the Keep NRH Beautiful Commission. Council member Lombard recommends Susan Young, who is currently serving as alternate on the Keep NRH Beautiful Commission to fulfill the vacancy for Place 3, term expiring June 30, 2017. Mayor Trevino recommends that Kelvin Deupree be appointed alternate to fulfill the vacancy created by Ms. Young. RECOMMENDATION: Approve Resolution No. 2017-007. RESOLUTION NO. 2017-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING MEMBERS TO KEEP NRH BEAUTIFUL COMMISSION; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, appointed members serve a two-year term, unless appointed to fulfill an unexpired term; and WHEREAS, annual appointments coincide with City Council terms with Places 1, 3, 5, and 7 being appointed in odd-numbered years and Places 2, 4, 6, and Mayoral appointments in even-numbered years; and WHEREAS, each member serves until his or her successor has been duly appointed and qualified; and WHEREAS, City Council desires to fulfill the vacancies on the Keep NRH Beautiful Commission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The following members have been submitted for nomination and approved by a majority of the City Council. Keep NRH Beautiful Commission Susan Young Place 3 Term expiring June 30, 2017 Kelvin Deupree Alternate Term expiring June 30, 2018 PASSED AND APPROVED this the 27th day of February, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney NFt,H CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Volunteers from AARP are assisting residents with their tax returns each Monday and Thursday through April 17th at the NRH Library. This free service is available to taxpayers of all ages. To make an appointment or get more information, please call the Library at 817-427-6814. New York Times Bestselling Author Joanne Fluke will be returning to the North Richlalnd Hills Library on March 4th for the official launch of her latest book Banana Cream Pie Murder. The event will include a paid Friends of the Library reception at noon, followed by a free book talk and book signing starting at 1 p.m. Visit the library's website or call 817-427-6800 for more information. Kudos Korner: Tonight we recognize: Nora Garcia with Animal Services — An elderly resident called after hours asking for help when several dogs got into her backyard. Nora arrived quickly, returned the dogs to their correct yards and then helped the resident nail fence pickets back in place. The resident was very appreciative of Nora's efforts and felt she went above and beyond. She is a great asset to the city, the resident said.