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Home My WebLink AboutCC 2020-04-13 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, APRIL 13, 2020 Members of the public may participate in the City Council Meeting to be held on Monday, April 13, 2020 at 7:00 p.m. by telephonic means. The public shall provide written comments on specific agenda items by completing a comment card and emailing it to publiccomments@nrhtx.com. Comment cards will be accepted until 6:00 p.m. the day of the meeting. You will have the option to submit a comment or request to speak. You will be required to provide your name, address, telephone number and the nature of your request. A member of staff, at the appropriate time, will call you from 817.427.6025 during the meeting. You will be placed on speaker phone and will have three minutes to address the City Council. Members of the City Council may be participating remotely in compliance with the Texas Open Meetings Act and in accordance with Section 418.016 of the Texas Government Code and such action issued by the Governor of Texas on March 16, 2020. CITY COUNCIL RULES FOR SPEAKING AT CITY COUNCIL MEETING AND COMMENT CARD CAN BE FOUND ONLINE AT www.nrhtx.com/1106/speaking-at-a-council-meeting. REGULAR MEETING: 7:00 p.m. Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - MAYOR PRO TEM WRIGHT OUJESKY A.2 PLEDGE - MAYOR PRO TEM WRIGHT OUJESKY A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Monday, April 13, 2020 City Council Agenda Page 1 of 4 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 City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the March 20, 2020, March 26, 2020 and April 6, 2020 Special City Council meetings. B.2 Approve minutes of the March 23,2020 City Council meeting. B.3 Approve an agreement with Iteris Incorporated for cumulative purchases of traffic signal software and equipment in an amount up to $193,375 using a BuyB ard contract. B.4 Approve Ordinance No. 3643, abandoning a fire lane, access, drainage and water line easement in the Hometown Doice Addition Phase II and authorize execution o a quitclaim deed and hold harmless agreement with Millennium at Hometown LLC. B.5 Authorize the purchase of auto body repairs for city vehicles and g2 pment in an amount not to exceed $90,000 with Memos Auto Bod,y Shop using the City o Irering contract2 03V®13F. B.6 RP 0 0-04 Consideration of a request from Texas Surveying Inc. for a replat of ots 6 1 and 8R, Block 2, Jack M. Estes Jr. Sub ivji i n, being 2.132 acres located at 3700 Rufe Snow Drive and 6721 Boulevard 26. Monday, April 13, 2020 City Council Agenda Page 2 of 4 B.7 Approve esolution the Regional Transportation Council of the North Central Texas Council of Government's resolution on the Texas Transportation Commission's proposed updates of the 2020 Unified Transportation Program (R20-02). B-8 Authorize the City Manager to xecute an Interlocal Agreement with a Consortium of Local Governments for Mutual Access to C1 Digital Resou ces for eContent. C. PUBLIC HEARINGS D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS F-1 Declaration of local disaster due to public health emergency declared by the Mayor of the City of North Richland Hills, Texas in accordance with Chapter 22Article 11, Section 22-32of the City Code of Ordinances and Texas Government Code Section 418.018due to the COVID-19 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. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER RODRIGUEZ Monday, April 13, 2020 City Council Agenda Page 3 of 4 H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, April 10, 2020 by 3:00 PM. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, April 13, 2020 City Council Agenda Page 4 of 4 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 13, 2020 SUBJECT: Approve minutes of the March 20, 2020 Special City Council meeting, March 26, 2020 Special City Council meeting and April 6, 2020 Special City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the March 20, 2020 Special City Council meeting, March 26, 2020 Special City Council meeting and April 6, 2020 Special City Council meeting. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE MARCH 20, 2020 A. CALL TO ORDER Mayor Trevino called the meeting to order March 20, 2020 at 8.32 a.m. Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Suzy Compton Council, Place 3 Mason Orr Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION Council member Orr gave the invocation. A.2 PLEDGE Council member Orr led the Pledge of Allegiance to the United States and Texas flags. A.3 CITIZENS PRESENTATION There were no requests to speak from the public. A.4 PUBLIC COMMENTS There were no requests to speak from the public. B. GENERAL ITEMS March 20, 2020 City Council Meeting Minutes Page 1 of 4 B.1 APPROVE RESOLUTION NO. 2020-14 CONTINUING AND AMENDING THE DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY DECLARED BY THE MAYOR OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, IN ACCORDANCE WITH CHAPTER 22, ARTICLE II, SECTION 22-32 OF THE CITY CODE OF ORDINANCES AND TEXAS GOVERNMENT CODE SECTION 418.108 DUE TO THE COVID-19 VIRUS. APPROVED Mayor Trevino summarized the purpose of his signing the Declaration of Local Disaster for Public Health Emergency related to COVID-19 virus on Friday, March 13, 2020. If needed, this declaration will allow the city to be eligible to seek emergency assistance from state and federal governments. The situation is still evolving and the county, state and Centers for Disease Control (CDC) have made further recommendations. The purpose of the meeting tonight is to extend and amend the Declaration of Local Disaster, dated March 13, 2020. The extension is for no more than 60 days, and if it needs to be extended, it will be brought back for consideration by City Council . Mayor Trevino reiterated that the situation is fluid and city staff and the emergency management team are meeting daily through conference calls. Mayor Trevino announced that community events will be canceled through April and city facilities will remain closed to the public through April 1 , 2020. During this time, citizens can access city services through phone, email and utilize online services through the city's website. Decisions regarding cancelation and closures may be extended as necessary to mitigate the spread of COVID-19. The city will continue to provide public safety services without interruption.The City of North Richland Hills is committed to protecting the health, safety and wellbeing of the community. Mayor Trevino stated that it is important for all citizens to take actions to keep our community safe. He urged the public to follow the CDC recommendations for hand washing and social distancing. He recommends the public comply with the requirements of local, state and national emergency declarations. Most importantly, stay home and contact your doctor when you are sick. Director of Public Safety Jimmy Perdue commented that the resolution for City Council's consideration is to continue and amend the declaration signed by Mayor Trevino on March 13, 2020. The resolution continues the declaration for a period not to exceed sixty (60) days, May 20, 2020, unless further amended or canceled by action of the City Council. The resolution continues the Emergency Management Plan or any other inner-jurisdictional plan that the city has in place with other municipalities and governmental entities for the period of the declaration. The resolution also allows for the continuation of any required public meetings and City Council would exercise the ability to use all legal aspects of telecommunicating, telephone and video conferencing in order March 20, 2020 City Council Meeting Minutes Page 2 of 4 to perform those meetings. Lastly, Mr. Perdue shared that the resolution authorizes the enforcement of the declaration by use of general police powers of the city. Mr. Perdue outlined the proposed changes to the declaration- - Section 9, modifies the gathering instructions to no more than ten (10) in accordance with the Governor's executive order and the recommendations of the CDC., - Section 10, limits the service of restaurants, microbreweries and wineries to drive through, take out or delivery services only; - Section 11 , orders the closure of certain businesses such as bars, lounges, taverns and amusement centers; - Authorizes the city manager to designate and close city facilities and amenities; - In addition to the facilities already closed, will also include the golf course, playgrounds and dog park; and - Section 12, the resolution limits the occupancy of certain listed businesses within the declaration to 50% of the occupancy to the current business certificate of occupancy or 125 whichever is less. There are a few exceptions with regards to government buildings, shelters, day care and medical facilities. Mr. Perdue continued that in addition to the action taken within the declaration, there is a list of recommendations following the recommendations from the CDC of what citizens should be doing in order to protect themselves from the spread of COVID-19. The proposed resolution also has a provision concerning solicitors. Should they choose to continue to solicit they will comply with the rules of social distancing and all other requirements in the solicitation ordinance. Council and staff discussed the following: requirements put in place by Governor Abbott or President Trump would take presidence over the city's declaration; recurring special called meetings of City Council; safe distancing for customers at grocery stores and retail/grocery combined; student congregating concerns at playgrounds, athletic fields, park restrooms and water fountains; hair and nail salons; frequent communication with school district and meals for children and medical facilities; ability for city to be more strict than county and governor to lower the curve; online doctor services; monitoring and enforcement for public safety; personal protective equipment for public safety and code enforcement; signage at playgrounds and city facilities; school facilities and enforcement; and what other states are currently doing to flatten the curve. A MOTION WAS MADE BY MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE RESOLUTION NO. 2020-014. MOTION TO APPROVE CARRIED 7-0. C. EXECUTIVE SESSION March 20, 2020 City Council Meeting Minutes Page 3 of 4 Mayor Trevino announced that City Council did not convene into Executive Session. D. ADJOURNMENT Mayor Trevino adjourned the meeting at 9.08 a.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary March 20, 2020 City Council Meeting Minutes Page 4 of 4 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE MARCH 26, 2020 A. CALL TO ORDER Mayor Trevino called the meeting to order March 26, 2020 at 6.02 p.m. Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Suzy Compton Council, Place 3 Mason Orr Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney Council member Turnage gave the invocation. Council member Turnage led the Pledge of Alliegence to the United States and Texas flags. A.1 CITIZENS PRESENTATION There were no requests to speak from the public. A.2 PUBLIC COMMENTS There were no requests to speak from the public. B. GENERAL ITEMS March 26, 2020 City Council Meeting Minutes Page 1 of 4 B.1 DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY DECLARED BY THE MAYOR OF THE CITY OF NORTH RICHLAND HILLS, TEXAS IN ACCORDANCE WITH CHAPTER 22, ARTICLE II, SECTION 22-32 OF THE CITY CODE OF ORDINANCES AND TEXAS GOVERNMENT CODE SECTION 418.108 DUE TO THE COVID-19 PANDEMIC. APPROVED Director of Public Safety Jimmy Perdue informed City Council amendments to this declaration are consistent with the county. The amended declaration has the best health focus risk possible for our citizens and the updates make sure our community's specific needs are in place. Mr. Perdue highlighted the the following updates. - adding reference to Judge Whitley's order throughout the declaration and referencing the second and third amendments; - Sections 1 through 8 remain the same; - Sections 9 and 10, limit size of gatherings to no more than 10 people and order residents to stay home unless authorized by the order. Limits travel except for critical infrastructure, essential government functions, or operating essential businesses and requires social distancing. Also prohibits all gatherings except for those in a single household.; - Section 11, remains the same; - Section 12, is related to and defining essential businesses and requirement to maintain six feet for social distancing; - Section 13, adds a provision prohibiting all elective medical, surgical and dental procedures; - Section 14, adds language that members in the household may seek medication services as needed; - Section 15, adds a provision requiring nursing homes, retirement and long-term care facilities to prohibit non-essential visitors unless they are providing critical assistance or for end-of-life visitation; - Section 16, adds provision restricting travel and is only authorized to perform essential activities, critical infrastructure, government functions or essential business; - Section 17, adds provision for requiring social distancing for the homeless population and if the homeless person shows symptoms or is diagnosed, the shelter isolation center is deemed their address; and - Section 18, adds a definition section and Section 18c defines "Essential Activities", Section 18e defines "Essential Businesses", Section 18f defines "Non-Essential Businesses", and Section 18g defines "Non-Essential Businesses with Online Operations". Mayor Trevino stated that our declaration is more lengthy to make it clear for our citizens, March 26, 2020 City Council Meeting Minutes Page 2 of 4 businesses and those that enforce the declaration. Council and staff discussed how well the city, the school district, and Medical City are working together to coordinate efforts and resources. A MOTION WAS MADE BY MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE DECLARATION OF LOCAL DISASTER AS PRESENTED. MOTION TO APPROVE CARRIED 7-0. B.2 CONSIDER ORDINANCE NO. 3642, AMENDING CHAPTER 2, ARTICLE II, DIVISION 2, SECTION 2-65, RULES OF PROCEDURE, OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR THE SELECTION OF A DEPUTY MAYOR PRO TEM IN THE ABSENCE OF THE MAYOR AND MAYOR PRO TEM. APPROVED City Manager Mark Hindman informed City Council the item for consideration is an ordinance that amends the current Rules of Procedure to include two additional leadership positions--Deputy Mayor Pro Tem and Associate Mayor Pro Tem--on the City Council. The proposed ordinance was discussed at the March 23, 2020 City Council meeting. Mr. Hindman clarified the Mayor Pro Tem, Deputy Mayor Pro Tem and Associate Mayor Pro Tem would retain their right to vote on items while they serve in the absence of the Mayor. As discussed at the March 23, 2020 meeting, the recommendation is to appoint Council member Scott Turnage as Deputy Mayor Pro Tem and Council member Tito Rodriguez as Associate Mayor Pro Tem. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL MEMBER WELCH TO APPROVE ORDINANCE NO. 3642, AND APPOINT COUNCIL MEMBER SCOTT TURNAGE AS DEPUTY MAYOR PRO TEM AND COUNCIL MEMBER TITO RODRIGUEZ AS ASSOCIATE MAYOR PRO TEM. MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION C. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council did not convene into Executive Session. March 26, 2020 City Council Meeting Minutes Page 3 of 4 D. ADJOURNMENT Mayor Trevino adjourned the meeting at 6.33 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary March 26, 2020 City Council Meeting Minutes Page 4 of 4 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE APRIL 6, 2020 A. CALL TO ORDER Mayor Trevino stated in accordance with the Texas Governor's March 13, 2020 Distaster Declaration and subsequent suspension of certain Texas Open Meetings Act Provisions, this April 6, 2020 Special Meeting of the North Richland Hills City Council is hereby called to order at 6.00 p.m. Mayor Trevino conducted a roll call of City Council members to confirm the presence of a quorum. Present at City Hall: Present via conference call: Oscar Trevino, Mayor Tito Rodriguez, Associate Mayor Pro Tern Rita Wright Oujesky, Mayor Pro Tern Suzy Compton, Place 3 Mason Orr, Place 4 Mike Benton, Place 5 Scott Turnage, Deputy Mayor Pro Tern Tim Welch, Place 7 Staff present at City Hall: Staff present via conference call: Paulette Hartman, Deputy City Manager Mark Hindman, City Manager Alicia Richardson, City Secretary Maleshia B. McGinnis, City Attorney A.1 INVOCATION Council member Rodriguez gave the invocation. A.2 PLEDGE Council member Rodriguez led the Pledge of Allegiance to the United States and Texas flags. A.3 CITIZENS PRESENTATION There were no requests to speak from the public. April 06, 2020 City Council Meeting Minutes Page 1 of 4 A.4 PUBLIC COMMENTS There were no requests to speak from the public. B. GENERAL ITEMS B.1 DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY DECLARED BY THE MAYOR OF THE CITY OF NORTH RICHLAND HILLS, TEXAS IN ACCORDANCE WITH CHAPTER 22 ARTICLE II, SECTION 22-32 OF THE CITY CODE OF ORDINANCES AND TEXAS GOVERNMENT CODE SECTION 418.018 DUE TO THE COVID-19 PANDEMIC. APPROVED Director of Public Safety Jimmy Perdue informed City Council with the action of the governor and county officials, the city's declaration needs to be updated. Mr. Perdue highlighted the following updates. - Declaration language is updated to reflect this is the fifth amendment and language reflecting the county's modified language; - Sections 1,2,3,4,5,6,7,8 remain unchanged; - Section 9, to the extent individuals are using shared or outdoor spaces, they must at all times maintain social distancing and minimize in-person contact with people who are not in the same household and All persons may leave their residences only for essential travel, essential activities, essential critical infrastructure, to provide or perform essential governmental functions, to operate essential businesses, to operate a business that provides essential services all as defined in Section 18, or for essential services as defined in Order GA-14, in accordance with the guidelines set forth by the Centers for Disease Control and Prevention ("CDC"); - Section 10, all public or private gatherings of any number of people occurring outside a single household or living unit are prohibited, except as otherwise provided herein. Nothing in this declaration prohibits the gathering of members of a household or living unit, nor does it prohibit any gathering expressly permitted by Order GA-14; - Section 11, remain unchanged; - Section 12, ; non-essential businesses may continue minimum basic operations as defined in Section 18, as long as the business strictly adheres to the following: (1) minimize in-person contact with people who are not in the same household; (2) maintain social distancing; (3) utilize remote teleworking to the greatest extent possible; and (4) minimize the number of employees needed to operate at a basic level; - Section 13, all licensed health care professionals shall postpone all surgeries and procedures that are not immediately medically necessary to correct a serious medical condition of, or to preserve the life of, a patient who without immediate performance of April 06, 2020 City Council Meeting Minutes Page 2 of 4 the surgery or procedure would be at risk for serious adverse medical consequences or death as determined by the patient's physician. Provided, however, that this prohibition shall not apply to any procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete the hospital capacity or the personal protective equipment needed to cope with the COVID-19 disaster; - Sections 14, 157 16 and 17, remain unchanged; - Section 18c (a-c), (1) minimize in-person contact with people who are not in the same household; (2) maintain social distancing; (3) utilize remote teleworking to the greatest extent possible; and (4) minimize the number of employees needed to operate at a basic level: a. The minimum activities necessary to maintain the value of the business's inventory or equipment, including to process payroll and employee benefits, maintain the premises and the security of the premises, equipment or inventory, including the care and maintenance of livestock or animals; b. IT or other operations that facilitate employees working from home; and c. Perform in-store repair services performed by employees or contractor in a store or facility closed to the public; - Section 18e (Xiii-XiV), funeral homes, crematoriums and cemeteries may operate but must follow CDC guidelines. Social distancing is required; weddings may be held, but not more than 10 people may be present at any one time. Social distancing is required, also referencing the Texas Attorney General's guidance for houses of worship during the Covid-19 Crisis: "guidance from the CDC currently recommends that if a community is experiencing substantial community spread of COVID-19, then the houses of worship in that community should cancel all in-person gatherings of any size. But if a community is experiencing moderate to substantial spread, then the CDC recommends a reduction of activities in coordination with local health officials, possible smaller gatherings incorporating social-distancing measures, cancelation of activities with 10 or more people when high-risk populations attend in person (including those over 65 and those with underlying medical conditions) and use of creative means to deliver faith-based services. For more information, houses of worship should consult CDC guidance: Ihttlps://www.cdc.gov/coironavliirus/2019.ncov/coirTiirTiunlity/oirgainlizatlioins/gulidaince.coirnirnuinli t faith oirganlizatlions.lhtirTill." For updates about the level of community spread, visit www.TarrantCounty.com." - Section 19, remain unchanged; and - Section 20, That this declaration hereby suspends the permitting requirements of Section 54-178(c) of the North Richland Hills City Code of Ordinances regarding the parking of motor homes or trailers used for human occupancy on private property, so long as the placement of such motor home or trailer does not encroach any public right-of-way or limit traffic visibility. Such motor home or trailer shall be parked in a driveway, and shall not block any portion of any street or alley. This section shall not operate to suspend any other provision of Section 54-178 of the City Code of Ordinances, except as provided for herein. April 06, 2020 City Council Meeting Minutes Page 3 of 4 Council and staff discussed the declaration continuing through April 30, 2020. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY MAYOR PRO TEM WRIGHT OUJESKY TO APPROVE AND CONTINUE THE FIFTH AMENDED LOCAL DECLARATION OF DISASTER DUE TO PUBLIC HEALTH EMERGENCY ISSUED BY THE MAYOR OF THE CITY OF NORTH RICHLAND HILLS UNTIL APRIL 30, 2020. MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION C. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council did not convene into Executive Session. D. ADJOURNMENT Mayor Trevino adjourned the meeting at 6.26 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary April 06, 2020 City Council Meeting Minutes Page 4 of 4 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 13, 2020 SUBJECT: Approve minutes of the regular March 23, 2020 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the regular March 23, 2020 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 MARCH 23, 2020 REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order March 23, 2020 at 7.01 p.m. Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Suzy Compton Council, Place 3 Mason Orr Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B.McGinnis City Attorney A.1 INVOCATION Council member Benton gave the invocation. A.2 PLEDGE Council member Benton led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 PUBLIC COMMENTS There were no requests to speak from the public. March 23, 2020 City Council Meeting Minutes Page 1 of 9 A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY MAYOR PRO TEM WRIGHT OUJESKY TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE FEBRUARY 24, 2020 CITY COUNCIL MEETING. B.2 APPROVE MINUTES OF THE MARCH 2, 2020 CITY COUNCIL MEETING. B.3 RP 2020-02 CONSIDERATION OF A REQUEST FROM CBG SURVEYING TEXAS LLC FOR A REPLAT OF LOT 7R1, BLOCK 3, MORGAN MEADOWS ADDITION, BEING 0.642 ACRES LOCATED AT 6805 MEADOW ROAD. B.4 RP 2020-03 CONSIDERATION OF A REQUEST FROM HAMILTON DUFFY PC FOR A REPLAT OF LOTS 17R1-17R3, BLOCK 2, WOODBERT ADDITION, BEING 0.461 ACRES LOCATED AT 8309 SAYERS LANE. B.5 CONSIDER A PROFESSIONAL SERVICES AGREEMENT WITH LEE ENGINEERING IN AN AMOUNT NOT TO EXCEED $99,770 FOR THE DESIGN OF A TRAFFIC SIGNAL AS PART OF THE NORTHEAST PARKWAY / DAVIS BOULEVARD INTERSECTION PROJECT (ST2003). B.6 CONSIDER A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES WITH KIMLEY-HORN ASSOCIATES IN AN AMOUNT NOT TO EXCEED $329,000 FOR THE DESIGN OF THE CONN PUMP STATION REHABILITATION PROJECT (UT2008). B.7 CONSIDER A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES WITH GARVER, LLC IN AN AMOUNT NOT TO EXCEED $190,714 FOR THE DESIGN OF THE BIG FOSSIL 24" INTERCEPTOR PROJECT (UT2004). B.8 CONSIDER A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. IN AN AMOUNT NOT TO EXCEED $100,413 FOR THE MACKEY CREEK FLOOD STUDY PROJECT (DR2005). March 23, 2020 City Council Meeting Minutes Page 2 of 9 B.9 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH DFW DOUBLE D CONTRACTING, LLC TO PERFORM RENOVATIONS TO THE IRON HORSE GOLF COURSE CLUBHOUSE IN THE AMOUNT OF $114,227, USING THE CITY'S GENERAL CONTRACTOR SERVICES CONTRACT SCP-15-022. B.10 CONSIDER RESOLUTION NO. 2020-016, AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE FY20 COMMUNITY ORIENTED POLICING SERVICES LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT PROGRAM. C. PUBLIC HEARINGS CA ZC 2020-01, ORDINANCE NO. 3641, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CHANH CONG TRAN FOR A ZONING CHANGE FROM R-4-D DUPLEX TO R-1 SINGLE-FAMILY RESIDENTIAL AT 5149 JENNINGS DRIVE, BEING 0.20 ACRES DESCRIBED AS A PORTION OF LOT 1R, BLOCK 4, RICHLAND OAKS ADDITION. APPROVED Mayor Trevino opened the public hearing and called on Planning Director Clayton Comstock to present the item. In a pre-recorded presentation, Mr. Comstock informed City Council the applicant is requesting a zoning change on 0.20 acres located at 5149 Jennings Drive. The area is designated on the Comprehensive Land Use Plan as Low Density Residential and the current zoning is R-4-D Duplex. Mr. Comstock provided site photos of the property. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their March 5, 2020 meeting, recommended approval with a vote of 7-0. Mayor Trevino stated that due to the COVID-19 pandemic and the nature of this particular item, the applicant was given and accepted the option not to attend tonight's meeting. Mr. Comstock was available via phone to answer questions. City Council had no questions for staff. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone wishing to speak in one of the rooms provided for social distancing. There being no one wishing to speak, Mayor Trevino closed the public hearing. March 23, 2020 City Council Meeting Minutes Page 3 of 9 A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ORDINANCE NO. 3641. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS FA RECEIVE THE FISCAL YEAR 2019 AUDITED FINANCIAL REPORT AND FISCAL YEAR 2019 SINGLE AUDIT. APPROVED Director of Finance Mark Mills presented item and in a pre-recorded presentation, Lupe Garcia with Whitley Penn, LLP provided the auditor opinion. Mr. Mills and Patrick Simmons with Whitley Penn (via phone) was available to answer questions. A MOTION WAS MADE BY MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER ORR TO RECEIVE THE FISCAL YEAR 2019 AUDITED FINANCIAL REPORT AND FISCAL YEAR 2019 SINGLE AUDIT AS PRESENTED. MOTION TO APPROVE CARRIED 7-0. F.2 CONSIDER RESOLUTION NO. 2020-017, AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE FY20 COMMUNITY ORIENTED POLICING SERVICES HIRING PROGRAM. APPROVED Director of Public Safety Jimmy Perdue presented item and was available to answer questions. March 23, 2020 City Council Meeting Minutes Page 4 of 9 A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE RESOLUTION NO. 2020-017. MOTION TO APPROVE CARRIED 7-0. F.3 CONSIDER RESOLUTION NO. 2020-018, AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE COMMUNITY ORIENTED POLICING SERVICES FY20 SCHOOL VIOLENCE PREVENTION PROGRAM FOR EXPEDITED PUBLIC SAFETY RESPONSE TO EMERGENCY SITUATIONS AT SCHOOL SITES. APPROVED Director of Public Safety Jimmy Perdue presented item and was available to answer questions. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE RESOLUTION NO. 2020-018. MOTION TO APPROVE CARRIED 7-0. FA CONSIDER RESOLUTION NO. 2020-015, MOVING THE MAY 2, 2020 SPECIAL ELECTION TO THE NEXT UNIFORM ELECTION DATE, OCCURING ON NOVEMBER 3, 2020. APPROVED City Secretary Alicia Richardson informed City Council the proposed resolution, if approved, moves the May 2, 2020 Special Election to November 3, 2020. In light of the COVID-19 pandemic, Governor Abbott on March 18, 2020, issued a proclamation suspending sections of the Texas Election Code allowing municipalities to move their general or special elections to be held on May 2, 2020 to the next uniform election date, which is November 3, 2020. Ms. Richardson informed City Council the resolution provides language that should the governor amend his proclamation authorizing an additional date to conduct elections, staff will bring back a resolution for consideration by City Council. Council and staff discussed election date options and pros and cons of conducting an election in November. March 23, 2020 City Council Meeting Minutes Page 5 of 9 A MOTION WAS MADE BY MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER WELCH TO APPROVE RESOLUTION NO. 2020-015. MOTION TO APPROVE CARRIED 7-0. F.5 CONSIDER ORDINANCE NO. 3642 AMENDING CHAPTER 2, ARTICLE II, DIVISION 2, SECTION 2-65, RULES OF PROCEDURE, OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR THE SELECTION OF A DEPUTY MAYOR PRO TEM IN THE ABSENCE OF THE MAYOR AND MAYOR PRO TEM. City Manager Mark Hindman informed City Council the item for their discussion pertains to the position created by City Charter for a Mayor Pro Tem that is selected by council members at the first meeting following the general city election. Recent events has shown the importance of having more than two standing leadership positions on the City Council. Staff is recommending the addition of a third leadership position, Deputy Mayor Pro Tem, that will serve in the absence of the Mayor and Mayor Pro Tem. Staff has prepared an ordinance for consideration by City Council that amends the Rules of Procedure, for the addition of the Deputy Mayor Pro Tem. Pursuant to Section 2-62 of the Code of Ordinances, an amendment to the Rules of Procedure must first be introduced into the record at a City Council meeting and may be acted upon at a subsequent meeting. Mayor Trevino recommended that staff include an additional leadership position in addition to the Deputy Mayor Pro Tem. Mayor Pro Tem Wright Oujesky concurred with Mayor Trevino's recommendation. Mayor Trevino recommended that Council member Turnage serve as Deputy Mayor Pro Tem and Council member Rodriguez serve as the fourth leadership position. There being no opposition from City Council, staff was directed to place the ordinance, as recommended with the fourth leadership position on the next City Council agenda. F.6 CONTINUE DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY DECLARED BY THE MAYOR OF THE CITY OF NORTH RICHLAND HILLS, TEXAS IN ACCORDANCE WITH CHAPTER 22, ARTICLE II, SECTION 22-32 OF THE CITY CODE OF ORDINANCES AND TEXAS GOVERNMENT CODE SECTION 418.108 DUE TO THE COVID-19 PANDEMIC. APPROVED Director of Public Safety Jimmy Perdue informed City Council with the action of the March 23, 2020 City Council Meeting Minutes Page 6 of 9 governor and county officials yesterday, the city's declaration needs to be updated and items specific to the City of North Richland Hills clarified. - Declaration language is updated to reflect this is the second amendment; - Section 2, eliminated 60 day requirement and made it date specific from May 20 to April 13 and added language referencing the Tarrant County Emergency Management Plan; - Sections 4,5,6,7,8 remain unchanged; - Section 9, reflects significant changes, language was added from the Tarrant County Declaration to address social gatherings of more than 10 people and types of gatherings; - Section 10 had no changes; - Section 11 , language is updated to reflect the governor and county action by addressing occupancy and violation responsibility of the business and individual and inclusion of additional businesses. Specific to the city's declaration, this section addresses gun ranges and defines "essential household goods"; - Section 12, matches the county's language however, some language has been added specific to North Richland Hills including veterinarian offices, dry cleaners, laundromats, auto repair shops, auto part stores, banks, bail bonds, personal loan stores, pawn shops, and home improvement stores selling structural material, plumbing, electrical and or HVAC supplies and updated language regarding essential government buildings; - Section 13, is entirely applicable to North Richland Hills and is not included in the governor or county declarations. Specifically related to allow some business to continue doing business if they provide online sales or phone sales only, curb side pick up only as necessary; defines pet supply stores (no grooming), tax preparer, shoe stores, auto sales, auto rental, office supply stores, sporting goods stores,(does not include gun ranges), fire arms and ammunition sales, electronic sales, plant stores, nurseries, cell phone stores and repair, with no more than one person allowed in the waiting area at one time; - Sections 14, 15 and 16, duplicates the county with the exception of Section 16 regarding churches to allow no more than 10 people; and - Section 17, revocation of a building permit and adding the penalty for violation of the declaration; with this resolution and declaration going into effect at 11.59 on March 237 2020. Council and staff discussed the need for specificity for certain businesses; why playgrounds are closed; stressing significance of the virus; communication options with businesses and citizens; access to city services related to city hall; inspections related to code and building services; current employee safety precautions; and business compliance issues. March 23, 2020 City Council Meeting Minutes Page 7 of 9 A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER TURNAGE TO CONTINUE THE DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY DECLARED BY THE MAYOR OF THE CITY OF NORTH RICHLAND HILLS DUE TO THE COVID-19 PANDEMIC UNTIL APRIL 13, 2020. MOTION TO CONTINUE CARRIED 7-0. EXECUTIVE SESSION G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council did not convene into Executive Session. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Council member Welch made the following announcements. Republic Services is asking residents to make sure all household trash is bagged and tied before placing it in your trash can or on the curb. Doing this helps to protect trash crews from the spread of germs and also keeps litter out of our neighborhoods. Since recyclables are collected by an automated truck, they do not need to be bagged and you can continue placing directly into your recycling cart. Residents should also refrain from placing large amounts of bulk and yard waste materials out for collection at this time, so crews can focus on collection of household waste. As a reminder, city offices and facilities remain closed to the public and special events, programs and classes are canceled. During this time, you can still access our city offices by phone or email, and utilize online services through our website. We also continue to provide public safety services without interruption. You can find the latest information on the city's website. Kudos Korner - All city staff: Over the past week, we have heard a number of comments of appreciation and thanks for our city employees who continue to provide services during these challenging times. One resident wrote: "I am so, so appreciative of all our local gov folks keeping basic services running: sanitation engineers; first responders; the city leaders and many people coordinating all these efforts behind the scenes; the people sharing information online; educators rapidly preparing ways to continue education success; everyone in public health, everyone keeping our utilities running safely; and March 23, 2020 City Council Meeting Minutes Page 8 of 9 the many, many other people we probably aren't even aware of, who are putting in work for our community. Thank you, thank you, thank you, for making this unprecedented situation livable for so many of us!" I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8.24 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary March 23, 2020 City Council Meeting Minutes Page 9 of 9 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April SUBJECT: Approve an agreement with Iteris Incorporated for cumulative purchases of traffic signal software and equipment in an amount up to $193,375 using a BuyBoard contract. PRESENTER: Boe Blankenship, Operations Manager SUMMARY: Council is being asked to approve an agreement with Iteris Inc., in an amount up to $193,375, including cumulative payments exceeding the $50,000 purchasing threshold, for traffic signal software and equipment from using BuyBoard contract 534-17. GENERAL DESCRIPTION: The North Richland Hills Public Works Department has developed a transportation management plan that consists of three components: software, engineering and equipment. The goal of this plan is to improve traffic signal efficiency, improve vehicular throughput in our key corridors, and reduce malfunction response time. The foundational component of this project is the central synchronization software, which provides a controller software storage platform and allows for remote communication with traffic signal equipment. This project will also be used to install hardware compatible with the new software platform. The system will operate on engineer-designed timing plans that are the basis for the traffic signal coordination. Staff will be utilizing BuyBoard contract 534-17 pricing to make cumulative purchases under this agreement for the transportation management plan. Funding for the purchase is provided in the FY 2019-20 Adopted Budget in the Transportation Management Project (ST2004). A purchase made through a cooperative purchasing agreement satisfies any state law requirements for competitive bidding. RECOMMENDATION: Approve an agreement with Iteris Incorporated for cumulative purchases of traffic signal software and equipment in an amount up to $193,375 using a BuyBoard contract. PCooperative Purchasing P 0.Box 400 Austin, TX 78707-0400 800. 95.2919 / 512457.0222 f Fax.000.211.5454 5rrtrboard,cony April 26, 2017 Sent Via E-mail:jgd@iteris.com John Drake Iteris, Inc. 1700 Carnegie Ave. Suite 100 Santa Ana, CA 92705 Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Highway Safety and Traffic Control Products, Proposal No. 534-17 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard@ contract based on the above-referenced Proposal. The contract is effective 6/1/2017 through 5/31/2018, with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 534-17 on the following web- site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: • Vendor Quick Reference Sheet • Electronic Catalog Format Instructions • Vendor Billing Procedures You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by fax (1-800-211-5454) any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. Per proposal specifications, awarded vendors will have 30 days or sooner to submit their electronic catalog including pricing. If the electronic data is not provided within 30 days or sooner of notice of award,we reserve the right to inactivate any company's award information from the BuyBoard until such time the electronic data is received. Finally, your proposal was awarded based on a number of factors, one was the marketing strategy you outlined in your response.The BuyBoard does provide some co-branding resources to assist in your marketing efforts if interested. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact BuvBoard Procurement Staff at 800-695-2919. Sincerely, ; Arturo Salinas Director of Cooperative Procurement v.3.17 ....................................................................................................................................................................................................................................................................................................................................................................................... � The d ouil Govprorrvol Pvxlus �g Cooperor ivo isrnrPsorr,ed by tho rexasksocr eWlm of Scbool F gods Tpxds l '��rr�rr,�lrt t.e �re Texas As �,ialii,rr of Os, tt� Ttx,rsss��+,rtidtirrr+nfScUua�l,�drrr��rr5trs:��rvrw�. am*� jb I&WAk 0 oard 5a kwCouperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 PH: 800-695-2919 , FAX: 800-211-5454 1 www.buyboard.com PROPOSER's AGREEMENT AND SIGNATURE Proposal Name: Highway Safety and Traffic Proposal Opening Date andl Time: Control Products October 27, 2016 at 2:00 PM Location of Proposal Ovening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 534-17 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time Period:June 1, 2017 through May April 2017 31, 20�18 with two (2) possible one-year renewals. Iteris, Inc. 12/05/16 Name of Proposing Company Date 1700 Carnegie Ave, Ste 100 Street Address Sig aiture of Authorized Company Official Santa Ana, CA 92705 John Drake r City, State, Zip Printed Name of Authorized Company Official 512-592-9567 Estimator Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 95-2588496 Fax Number of Authorized Company Official Federal ID Number The proposing company ("you"or"your") hereby acknowledges and agrees as foilows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions, General Terms and Conditions, Attachments/Forms, Item Specifications, and Line Items (collectively"Requirements"); 2. By your response ("Proposal's to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 11 �H i�j FORM A—PAGE 1 comm.V.11.18.15 A Le MUHoard 0 Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 •www.buyboard.com 4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by another governmental entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format for posting on the BuyBoard as a prerequisite to activation of your contract; 5. You have clearly identified any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a Form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. FORM A—PAGE 2 COMM.V.11.18.15 0 1�jplp WBoard V Tj Cooperative Purchasing 120107 Research Boulevard , Austin,Texas 78759-2439 PH: 800-695-2919 , FAX: 800-211-5454 , www,buyboard,corn VENDOR PURCHASE ORDER, REQUEST FOR QUOTES, AND INVOICE RECEIPT OPTIONS Company: Iteris, Inc. General Contact Name: John Drake Purchase Orders: Purchase orders from Cooperative members will be available through the Internet or by facsimile. Option 1: Internet, Vendors need Internet access and at least one e-inail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors that choose this option to assist them with retrieving their orders. Option 2: Fax, Vendors need a designated fax line available at all times to receive purchase orders. Please choose only one (1) of the following options for receipt of purchase orders and provide the requested information: El I will use the INTERNET to receive purchase orders. E-mail Address: Internet Contact: Phone: Alternate E-mail Address: Alternate Internet Contact: Phone: El I will receive purchase orders via FAX. Fax Number: Fax Contact: Phone: Request fear cotes("RFQ"),: Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: c Alternate E-mail Address Invoices: Your company will be billed monthly for the service fee cline under a contract awarded Under this Proposal Invitation. All invoices are available: on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Mailing address: 1700 Carnegie Ave Ste 100 Department: Accounts Payable City: Santa Ana State: CA . 92705 1 Zip Cod . ContactNaime: Accounts Payable Phone:. 949-270-9422 Fax. 949-270-9421 E-mail Address- accountspaya,ble@iteris.com Alternative E-mail Address: FORM B fib &VAN& A47 ara Cooperative Purchasing 1200Research Boulevard ^ Austin,Texas 78759-2439 PM: 800-695'2919 ' FA%� 800-211-5454 -www.buybmau|.com FELONY CONVICTION-DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district mUSt give advance notice to the district if the person or an owner nroperator has been convicted of felony. The nobce must include a general description of the conduct resulting in the conviction of a felony." Section 44.Q34 further states in Subsechom (b): "A school d{stnct may terminate contract with a person or business entity if the district determines that the person or business entity failed Na give notice as required by Subsection (a) or misrepresented the conduct resu|bng in the conviction. The district must compensate the person or businessendLy for services performed before the term|mabon of the contract." following:Please check M one of the My company is a publicly-held corporation. (Advance notice Tequirement does ni apply to publicly-held corporation.), my company is not owned or operated by anyone who has been convicted of a felony. R My company |sowned/mpenated by the following individual(s) who has/have been convicted oa felony: Name mfFelon(s)� Details of Conviction(s) 8ysignatunebelow, IcehQfyihmttheaboveiofo*nationio\rue, cmmpdeteandaccurateaoddhmtIam aLithorized bymy company to make this certification. _ Her's, Inc. Company Name John Drake Sig/n6tUre of Authohzed Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible fmrparticipation in Federal Assistance programs under Executive Order 12549, "Debarment and 5uspension,''ao described in the Federal Register and Rules and Regulations. By signature below, I certify that the above is true, complete and accurate and that l am authorized by my company to make this certification, !ter's, Inc. Company Name John Drake Sigp ture of Authorized Company Official Printed Name FORM C commv.11.18.15 N RWAVA uard Cooperative Purchasing 12007 Research Bouievard , Austin,Texas 78759-2439 PH-. 800-695-2919 , FAX: 800-211-5454 , www.buyboard.com RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements apphcabie to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a person whose ultimate parent cornpany or majority owner has its principal place of business in Texas. A "nonresident'" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident" proposer or a "nonresident" proposer under these definitions. Please check one of the followin g. ] I certify that my company is a Resident Proposer. FW_1 I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Iteris, Inc. 1700 .Carnegie Ave, Ste 100 Company Name Address Santa Ana CA...... 92705---- city State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to Under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? El Yes F No B. What is the prescribed amount or percentage? $___or m.m ---Cl/O VENDOR EmPLOYMENT CERTIFICATION Section 44,031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check(V)..one of the follpwing, El Yes El No By signature below, I certify that the information in Sections I (Resident/Nonresident Certification)and 2 (bender Employment Certification)above is true, complete and accurate and that I am authorized by my company to make this certification. Iteris, Company Name John Drake Sign ure of Authorized Company Official Printed Name FORM D COMKV,11,18.15 MON& u kvCoaperative Purchasing 12007 Research Boulevard *, Austin, Texas 78759-2439 PH: 800-695-2919 , FAX: 800-211-5454 , www.buyboard,com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION, A proposer that has been certified as a Historically Underutilized Buspness (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check (-�O, all that apply I certify that my company has been certified as a HUB in the following categories: El Minority Owned Business 0 Women Owned Business El Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by U.S.C. § 101(16), and who has a disability rating of 20%,or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying!Agency: Ej My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Iteris, Inc. corn,pa,ny Came L Sig i tore of A6UT&ii6d Company Official ................... ................... Printed Name FORM E COMNIN.11.18.15 oard Cooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 PH: 8010-695-2919 , FAX: 800-211-5454 ,www.bLJyboard.com AFFIRMATION REGARDING CONSTRUCTION-RELATED GOODS AND SERVICE'S A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Construction Related Goods and Services Advisory for Texas Members ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy., The Advisory, attached to this Form F, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement Of Construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. By signature below, the undersigned affirms that Proposer has read and understands the Advisory attached to this Form F and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the mernber's purchase order for construction-related goods or services, whichever comes first. Iteris, Inc Company Name John Drake Sig/Otore of Authorized Company OfflcW Printed Name 12/05/16 Date FORM F-PAGE 1 COMM,V.11.18.15 &UBoard er Cooperative Purchasing 12007 Research Boulevard ,Austin,Texas 78759-2439 PH: 800-695-2919 ' FAX:800-211-5454•www.buyboard.com BUYBOARD PROCUREMENT AND CONSTRUCTION-RELATED GOODS AND SERVICES ADVISORY FOR TEXAS MEMBERS Why make purchases using BuyBoard? Purchasing through a cooperative or "interlocal contract" satisfies the requirement of local governments to seek competitive procurement for the purchase of goods or services. I Therefore, you may purchase goods and services from a vendor through BuyBoard without having to conduct your own competitive procurement. If, however, you are procuring construction-related services through a BuyBoard Job Order Contract(JOC)or contract for the installation of equipment or materials (e.g., athletic fields and surfaces, kitchen equipment, HVAC, playground equipment, or modular buildings), you may, as explained in this Advisory, need to procure certain aspects of these services using a separate procurement process outside of the BuyBoard and should consult your procurement officer and/or legal advisor for specific advice. What is BuyBoard's Procurement Process? The BuyBoard uses a competitive procurement process to award contracts to vendors for goods and services that the BuyBoard determines, based on an evaluation of multiple criteria, represents the best value for its members. How does BuyBoard award a contract to a vendor? As a condition of being awarded a BuyBoard contract, a vendor is bound by and must agree to comply with all the terms of the BuyBoard's proposal invitation (or specifications), the vendor's proposal response, and any additional contract terms negotiated with the BuyBoard member. Among other things, the vendor must honor the pricing submitted in the vendor's proposal. THE PRICE YOU PAY FOR THE GOODS AND SERVICES COVERED BY THE BUYBOARD CONTRACT MAY BE LESS THAN THE AWARDED PRICING, BUT CANNOT BE MORE. Additionally, the vendor must comply with the BuyBoard contract's general terms and conditions,and any additional terms and conditions that apply to the specific BuyBoard contract, as set out in the proposal invitation. How does a BuyBoard member make purchases through the BuyBoard contract? You utilize the awarded BuyBoard contract by issuing a signed purchase order through the BuyBoard online application to procure the selected goods or services. Although BuyBoard must receive a copy of the signed purchase order, BuyBoard does not review or approve the purchase order or other supplemental agreement that you obtain — this is a matter between you and the vendor. If construction-related services are procured through the BuyBoard, additional contracts with professionals and the contractor may be required, depending on the nature and scope of the services. As stated above, you should consult your procurement officer and/or legal advisor for specific advice. How do I know that my entity has made a purchase through the BuyBoard? BuyBoard must have a copy of the purchase order in order for the purchase to be considered a BuyBoard procurement. To ensure that your entity has satisfied state law requirements for competitive procurement, make sure that the BuyBoard has your purchase order. Do not rely on the vendor to submit the purchase order on your behalf; it is your responsibility to make sure that the BuyBoard has the signed purchase order. You may log in to www.buy oard.com using your member I.D. and password to view the Purchase Order Status Report to confirm that the purchase order is in the BuyBoard system. What should BuyBoard members consider when using BuyBoard for construction-related purchases? While purchasing goods and services through BuyBoard satisfies your legal requirement to competitively procure a good or service, as a general matter you must keep in mind other legal requirements that may relate to the purchase, especially when using BuyBoard for construction-related procurement. When making construction-related purchases through a BuyBoard contract, BuyBoard members must consider the following: FORM F-PAGE 2 COMM.V.11.18.15 Board Cooperative Porchasrag 12007 Research Boulevard •Austin,Texas 78759-2439 PH: 800-695-2919 .FAX:800-211-5454 •www.buyboard.com y Best value determination. In compliance with Texas law and any local policy, your entity must first determine that purchasing through an interlocal contract or purchasing cooperative is the procurement method that will provide best value." This is done by the governing body (e.g., board of trustees, council, commissioners' court, etc.) or may be delegated by the governing body to an individual or committee,with written notice. L Products or services not covered by the BuyBoard contract. The BuyBoard contract covers only the specific goods and services awarded by the BuyBoard. If you want to purchase from a BuyBoard vendor goods or services from a BuyBoard vendor that are not covered by the vendor's BuyBoard contract, such as architectural, design, or engineering services, you must procure them separately in accordance with state law and local policy. S% Architectural or Engineering and Independent Testing services. If your procurement includes a construction component that requires architectural or engineering services, you must procure those services separately. YOU MAY NOT PROCURE ARCHITECTURAL OR ENGINEERING SERVICES THROUGH A BUYBOARD CONTRACT. Texas law requires architectural and engineering services to be obtained in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and prohibits them from being procured through a purchasing cooperative.''' o Architecture. A new building owned by a political subdivision having construction costs exceeding $100,000 or an alteration or addition to an existing building having construction costs exceeding $50,000 must have architectural plans and specifications prepared by an architect.'° (An "alteration" or "addition" for purposes of this requirement requires the removal, relocation,or addition of a wall or partition or the alteration or addition of an exit.) o Engineering. If the goods or services procured through the BuyBoard will involve engineering in which the public health, welfare, or safety is involved, the plans for structural, mechanical, electrical, electronic, fire suppression, geotechnical systems, foundation design, surface water drainage, plumbing and certain roof modifications and associated estimates must be prepared by an engineer, and the engineering construction must be performed under the direct supervision of an engineer.° The Engineering Practice Act provides two exceptions to this rule — no engineer is required if (1) the project involves mechanical or electrical engineering and will cost $8,000 or less, or (2) the project does not require mechanical or electrical engineering and will cost$20,000 or less°' o Independent Testing. If acceptance of a facility by a public entity involves independent testing of construction materials engineering and/or verification testing services, the testing services should be procured under the Professional Services Procurement Act, and may not be procured under a BuyBoard contract. o Written Certification. Effective 09/01/2013, a local governmental entity purchasing construction-related goods and services through a cooperative in an amount that exceeds $50,000 must designate a person to certify in writing that the project does not require the preparation of plans or specifications by an architect or engineer OR that an architect or engineer has prepared the plans or specifications"" FORM F-PAGE 3 COMM.V.11.18.15 DUBoard Cooperative Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 PH: 800-695-2919 •FAX: 800-211-5454 .www.buyboard.com Bonds. You must also consider whether the vendor is required to provide a payment or performance bond. A payment bond is required for contracts that exceed $25,000 to protect subcontractors who supply labor or materials for the project. A performance bond is required for a contract that exceeds $100,000, to protect the local government if a contractor fails to complete the project.°"' Without payment and performance bonds, if the contractor fails to pay its subcontractors or to complete the project, the public entity that entered the contract can be held responsible for payment claims or costs to complete. Construction Contract. Even though the procurement of construction or construction-related services may be through the BuyBoard,your construction contract is between your entity and the contractor. The BuyBoard contracts general terms and conditions, standing alone, are not sufficient to document your entity's specific transaction. THEREFORE, YOU SHOULD USE AN APPROPRIATE FORM OF CONSTRUCTION CONTRACT JUST AS YOU WOULD DO IF YOU PROCURED CONSTRUCTION SERVICES INDEPENDENTLY, USING COMPETITIVE SEALED PROPOSALS. The contract must contain provisions required by state law including: performance and payment bonds, requirements for payment of prevailing wages to all construction workers, workers' compensation coverage for all workers and, on projects where contractor employees may have direct contact with students, criminal history record checks. Other provisions which should be considered in the construction contract are retainage, contingency, liquidated damages and dispute resolution, among others. By supplementing the BuyBoard contract with an appropriate form of construction contract, you ensure that your entity's unique interests are addressed and that your entity can enforce the contract directly. Y Legal advice. Because of the variety of laws that relate to construction-related purchasing and the potential risk of high exposure, you are well-advised to consult with your entity's legal counsel before procuring construction-related goods and services under any procurement method, including a purchasing cooperative. This Advisory is provided for educational purposes only to facilitate a general understanding of the law.This Advisory is neither an exhaustive treatment on the subject nor is it intended to substitute for the advice of an attorney. For more information about BuyBoard, contact us at 800-695-2919. i. Tex.Gov't Code§791.025 and Tex.Local Gov't Code§271.102. ii. Tex.Ed.Code§44.031(a)(school districts);Tex.Local Gov't Code§252.043(a)(municipalities)and§262.022(5-a)and §262.027(counties) iii. Tex.Gov't Code§2254.004 and§791.011(h) iv. Tex.Occ.Code§1051.703 V. Tex.Occ.Code§1001.0031(c) A. Tex.Occ.Code§1001.053 vii. Tex.Gov't Code§791.0110),effective September 1,2013 viii. Tex.Gov't Code§2253.021(a) Issued March 31,2014 FORM F-PAGE 4 COMM.V.11.18.15 � oarit %6jwVooperative Purchasing 12O07 Research Bouievard ' Austin,Texas 78759-2439 PM: 800-695-2919 ^ FAX, 000'211-5454 ^vwww.huybuat'd.cum DEVIATION AND COMPLIANCE SIGNATURE FORM If your company intends to deviate from the General Terms and Conditions, Item Specifications or other requirements associated with this Proposal Invitation, you must list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form, an attachment to this form, or elsewhere in your Proposal. (If You do riot provide the information on or as an attachment to this form, the information must be clearly identified in Your Propusa;.) The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation, In the absence of any deviation identified and described in accordance with the above, your company mustfuMy comply with the General Terms and Conditions, Item Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. NO; Deviations �l Yes; Deviations List and fully explain any deviations you are submitting: INFORMATION:PLEASE PROVIDE THE FOLLOWING 1. Shipping No: [W Common Carrier U Company Truck Prepaid and Add to Invoice Other: Standard courier or package delivery (UPS, FerfEx, etc.) Z Payment Terms: W Net 30 days El 1% in 10/Nct 30 days |] Other: 3. Number mfDays for �8_��e||very� �°��ARO 4. Vendor Rcfcrence/Quo\e Number: ��~^~~ ^��-1 � ^ 5. State your return policy: mA 6. Are electronic payments acceptable? [IlVes [l No 7. Are credit card payments acceptable? [|Yes [K No Company pme John Drake Sign9fumec4Auth6rized Company Official Printed Name FORM G connY.11.18.15 Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 PH:800-695-2919 •FAX: 800-211-5454 *www.buyboard.com DEALERSHIP LISTINGS If you have more than one location that will service a contract awarded under this Proposal Invitation, please list each location below. If additional sheets are required, please duplicate this form as necessary. Company Name Address city State Zip Phone Number Fax Number Contact Person Company Name Address city State Zip Phone Number Fax Number Contact Person FORM H COMM.V.11.18.15 ara Cooperative Purchasing 12007 Research Boulevard * Austin,Texas 78759-2439 PH: 800-695-2919, 1 FAX: 800-211-5454 * www.buyboard.corn TEXAS REGIONAL SERVICE DESIGNATION Unless you designate otherwise on this form, you agiree to service members of v" The Local Government Purchasing Cooperative statewide! BENZ The Cooperative (referred to as "Texas Cooperative"In this form and in the State Service Designation form)offers vendors the opportunity to service its members throughout the entire State of Texas, If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form, Additionally, if you do not plan to service Texas Cooperative members (i.e., if yore w111 service only states other than Texas), you MUSt 50 indicate on this form, Regional Education Service Centers I will service:Texas Cooperative members statewide. I will not service Texas 16 Cooperative members 77 statewide. Iwill only service members in the regions checked below: 10 Region Headguarters I Edinburg 14. 2 Corpus Christi 3 Victoria 4 Houston 5 Beaumont 5 6 Huntsville 7 Kilgore 8 Mount Pleasant 9 Wichita Falls 10 Richardson 11 Fort Worth Ll 12 Waco 2 13 Austin 14 Abilene 15 San Angelo 16 Amarillo Iteris, Inc. 17 Lubbock 18 Midland Comp 9ny,,Nam e 19 El Paso 20 San Antonio S nature of Authorized Company Official John Drake I wild not service members Printed Name of the Texas Cooperative, FORM I COMMNAL18,15 0 ABr-- VAm&0ard Wcooperative Purchasing 12007Research Boulevard 'Austin,Texas 78759-2439 PW0U0-695-2919 ~ FAX: 800'211-5454 ' www.buybnard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental Purchasing cooperatives such as the National Purchasing [nopesadweBuyBuard. You must complete this form if you plan to service the entire United States, or will service mn\y the specific states indicated. (Note: If you plan to service Texas Cooperative 177en7bers, be sure ffiafyou mn7plete the Texas Regloma/Service Deslpvafiox(own) [] I will service all states in the United Sbates, ENI I will not service all states in the United States. I w6y sen/�ce only the states checked below: El Alabama El Alaska 0 Nebraska Arizona F Nevada Arkansas R New Hampshire California (Public Contract Code J0118 & 2Q§52) New Jersey Colorado New Mexico Connecticut New York Delaware El North Carolina El District ofColumbia El North Dakota Florida L1 Ohio El Georgia El Oklahoma Hawaii El Oregon Idaho Pennsylvania El Illinois Rhode Island Indiana D South Carolina lmma Ll South Dakota Kansas Tennessee Kentucky X Texas El Louisiana El Utah Maine Vermont Maryland Virginia Massachusetts Washington Michigan El West Virginia Minnesota El Wiscons�m Mississippi El Wyoming Missouri El Montana This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understamd your service commitments during the term of a contract awarded under this proposal. |teria. Inc. Company Name John Drake Sig��tumeo[AuNhmr|zed [wmpanyOfficial Printed Name FORM cowwx.11.18�15 D1178oard ® Cooperative Parchasing 12007 Research Boulevard •Austin,Texas 78759-2439 PH: 800-695-2919 • FAX:800-211-5454 •www.buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer(referred to in this Agreement as"Vendor")agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation ("Underlying Award', the National Purchasing Cooperative ("National Cooperative') may - but is not required to -"piggy-back"on or re-award all or a portion of that Underlying Award ("Piggy-Back Award"}. By signing this National Cooperative Vendor Award Agreement("Agreement"), Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator ("BuyBoard Administrator"} will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request,Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. FORM K—PAGE 1 COMM.V.11.18.15 pmw� AV ara Cooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 PH: 800-695-2919 , FAX: 800-211-5454 ,www.buyboai,d.com: 6,, Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative, In the event of conflict between this Agreement and the terms, of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall he in the federal district court of Alexandria, Virginia, 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Iteris, Inc. 534-17 Name of Vendor Proposal Invitation Number John Drake SigoatUre of Authorized Company Official Printed Name of Authorized Company Official 12/05/16 Date FORM K—PAGE 2 COMM.U1.18.15 uard Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 IPH; 800-695-2919 - FAX: 800-211-5454 , www,buyboard.com FEDERAL,AND STATE/PURCHASING COOPERAIIVE DISCOUNT COMPARISON FORM The Cooperative strives to provide its members with the best services and products at the best prices available. The Cooperative determines whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with prices/discounts you offer federal and state entities and other interlocal purchasing cooperatives (collectively referred to as"purchasing cooperative"in this form). Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-rnonth period or the last fiscal year: period of the 12 month period is In the event that a dollar value is not all appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. Based on your written discounting policies are the discounts you offer the Cooperative equal to or better than the best price you offer other purchasing cooperatives acquiring the same items regardless of quantity or terms and conditions? YESO NO[] 3. Based on your written discounting policies, provide the information requested below for other purchasing cooperatives, either in the chart below or in an equivalent format. Rows should be added to accommodate as many purchasing cooperatives as required. PURCHASING GROUP DISCOUNT QUANTITY/VOLUME FOB TERM -17Feder;l General Services Adm. 2. T-PASS 3. U.S. Communities Purchasing Alliance 4.The Cooperative Purchasing Network 5, Houston-Galveston Area Council 6. Other [P-] MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARDVENDORS If you are a current BuyBoard vendor, indicate the discount for your Current BuyBoard contract and the proposed discount in this, Proposal. Explain any difference between your current and proposed discounts. Current Discount(0/o):-10 Proposed Discount(0/6): 10 Explanation: fi By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Iteris, Inc. Company Name John Drake Signature of Adthorized Company Official Printed Name FORM L COWN.1 1.18,15 � oara Cooperative Purchasing 12007Researcli Boulevard ~ AusUn,Texas 787592439 PH: 800-699-2919 ^ FAX: 800-211-5454 ' www.buybnand.com GOVERNMENTAL REFERENCES AND PRICEI DiscoUNT INFORMATION For your Proposal to be considered, you must supply o minimum of five (5) individual governmental entity references. Provide the information requested below, including the existing price/6scountsyoo offer each customer. The Cooperative determines whether pnces/d|scounLsare fair and reasonable by comparing prices/6scounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages |f' necessary. Quantity/ Entity Name Contact Phone# Discount Volume E013-Term 1. -' -` 5 Do you ever modify your written policies or standard governmental sales practices as identified 41 the above chart to give better discounts (lower prices) than indicated? YES NO[:] If YES, please explain: By signature below, I certify that the above is true and correct and that am authorized by my company to make this certification. |ter`s, Inc. Comp any�NameSignofure of Authorized Company Official John Drake Printed Nanoe ffi Ava Benford-Cl From: John G. Drake <jgd@iteris.corn> Sent: Monday, February 20, 2017 2-104 PM To: Ava Benford-Clay Subject: RE: List of References Good afternoon! Please see the below. City of Round Rock Bobby Mercer, Traffic Signal Super 221 East Main Round Rock,TX 78664 Phone: 51.2-341-3309 Email: brne rcer-0)round ro�cktx.g_qy City of College Station Lee Robinson, Traffic Systern Superintendent 300 Willliarrn King Cole Dr College Station,'rX 77842 Phone: 979-764-3,734 Ernail: lrobonsorac 2LsI_LFqy City of ArHngton Julius White, North Fields Operations Supervisor 801 W. Main S,t Arlington, TX 76010 Phom 817-459-5403 Email: JUHUS.White lkagQsuit .,E2Y City of Killeen Billy Stottler 200 East Ave D Killeen,TX 76541 Phoned 254-616-3157 Email: Bstott e e t OV ............ City of N/IcKiinney Heather Standerfer Streets Dept/Traffic Control 1550 S. College Street Building A McKinney, TX 75069 Phone: 972-547-7580 Ernail: hstander@iiickuiirieytexas.org 'texas SmartBuy Contract 550-A2 IV[ 0 " RacheIle Delouis Contract Manager Statewide Procurement Division CorriptroHeir of PuHc Accounts PO Box 13186 Austin, T)('78711-3186 Phone, (512) 4.63-0658 or(512)463-3034 opticm 3 Eirnail: i,,ictielle,cielouis@cpa.texas,.gov Tharrk you and best regards, iteris- ,Jotm Drake EsUrnator Roadway Sioinsw 1700 Cwneg�e AvenU(", SU taw 100 Santa Ana, CA 92705 G' 5111592 9567 From: Ava Benford-Clay [mai Ito:Ava.Benford-Clay@tasb.org] Sent, Monday, February 20, 2017 1:08 PM To: John G. Drake Subject: List of References Irfello John, Please send me a list of references for proposal, #534-1.7 Highway safety and traffic control products, I need 5, but I need 3 at a minirnarn. I need this list by Friday, Febrtiary 24, 2016 Thanks AvA BENFORD-CLAY BUYSOARD BID ANALYST Texas Assodation of School Boards Phone: 512,467,01222, ext. 7'188 u 800,695.2919 Fax., 800-211-5454 ava benforcWq)ta§h.Q-E9 2 g47 oara Cooperative Purchasing 1.2007 Research Boulevard , Austin,Texas 78,759-2439 PH: 800-695-2919 " FAX: 800-211-5454 - www.buyboard.corn MARKETING STRATEGY For your Proposal to be considered, you roust submit the Marketing Strategy you wffl use if the Cooperative accepts all or part of your Proposal. (A5gmple: How your company will initially inform Cooperative members of your BuyBoard contract, and how you will continue to support the BuyBoard for the duration of the contract period.) Attach additional pages if necessary. If accepted, Iteris will announce the award and product offering to all municipal customers via email and face to face customer meetings. ............... ................ ............. ------- ............. .......... ............ . ........... .......... Iteris, Inc. Company Name S�ig-4uLre ofCC7rrropany Official John Drake Printed Name FORM N COWVAI AB.15 Board 0 Gooperatfve Porchasfng 12007 Research Boulevard •Austin,Texas 78759-2439 PH: 800-695-2919• FAX: 800-211-5454 •www.buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION FORM A.Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check M one of the following: aNO,I certify that none of the information included with this Proposal is considered confidential or proprietary. YES,I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must identify below the specific information you consider confidential or proprietary. list each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposers failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential/Proprietary Information: (Attach additional sheets if needed.) FORM O-PAGE 1 COMM.V.11.18.15 ro4k uard Cooperative Purchasing 12007 Research Boulevard I Austin,Texas 78759-2439 PH: 800-695-2919 , FAX; 800-211-5454 " www.buyboard.com B., Copyright Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? E_1oasQ_Ct1(,(-_k ne cf th2,(Ql1p%wn_ LM J NO, Proposal (including forms,documentation, or other materials submitted with the Proposal) does riot contain copyright information. YES, Proposal (including forms, documentation,or other materials Submitted with the Proposal)does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Att,7ch tiddjtlonal 4wots if pro odod,) C.Consent to Release Confidential/Pro prieta!IlCopyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and You are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members, Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. By signature below, I certify that the information in this form is true, complete, and accurate and that I am ,authorized by my company to make this certification and all consents and agreements contained herein. Iteris, Inc. Compare Na'fine Sigoture of Authorized Company Official John Drake Printed Name 12/05/16 Date FORM O—PAGE 2 COMMN 11,18.15 MUSloard L-V _U Cooperative 14199109 12007 Research Boulevard ,Austin,Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 •www.buyboard.com VENDOR BUSINESS NAME FORM By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: Iteris, Inc. (List the teaat name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information maybe provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even ifattil/aced entities, which propose to provide goods orservices separately mustsubmit their own Proposal ) Pleas check{A one of the following_ Type of Business: Individual/Sole Proprietor Corporation x Limited Liability Company Partnership Other If other, identify State of Incorporation(if applicable): Federal Employer Identification Number: 95-2588496 (Vendor must include a completed IRS W-9 form with their proposal) List the Names) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note. if different man the Name of Proposing Company listed above, only valid trade names(dba, aka, etc.)of the Proposing Company may be used and a copy of your Assumed Name Certilirate(s),if applicable,must be attached.) Iteris,Inc. FORM P COMM.V.11.18.15 NNAO& M00%, 'NO pF C operati ara o ve ftrehasing 12007 Research Boulevard , Austin,Texas 78759-2439 PH: 800-695-2919 , FAX: 800-2,11-5454 , www.buyboard.com EDGAR VENDOR CERTIFICATION FORM (2 CF'R Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those Linder state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometinies,referred to as the "Uniform Guidance" or new "EDGAR"). All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative check and initial the applicable boxes and sign the acknowledgment at the end of this form. If you tail to complete any item in this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as "NO," the Vendor is unable or unwilling to comply. A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U:SC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. Vendor Certification,Item I (Vendor Violation or Breach of Contract Terms,) YE'S, I a_igree to the above. (Initial: 'T? ❑ NO, I do NOT agree to the above. (initial: FORMI Q—PAGE 1 COMPIN.1 1.18.15 0 oard Cooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 PH: 800-695-2919 , FAX: 800-211-5454 * www.buyboard.coni 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative n7en7ber inay terminate or cancel arty purchase order under this Contract at any time, with or without cause, by providing seven (7)business days advance written 170t/Ce to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required topay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's return policy: If the Cooperative n7ember has paid Vendor for goods or services not yet provided as of the date of termination, Vendor 5170 immediately refund such payments) If an alternate provision for, termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Mernber Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Vendor Certification,Item 2 (Termination for Cause or Convenience): FEW YES, I agree to the above. (Initial: �-L -) E] NO, I do NOT agree to the above. (Initial: 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that rneet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided Linder 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. Vendor Certification, Item 3 (Equal Employment Opportunity): nN YES, I agree to the above, (Initial:.JL1LJ El NO, Ido,NOT agree to the above. (Inffial: ---j FORM Q-PAGE 2 C0MM,vA1A8A5 � Amok fir N mmard 1W hwCooperative Purchasing 12007 Research Boulevard ' Austin,Texas 7059-2439 PH: 880-695-29�19 ^ FAX:� 800-211-5454 ^www.buybmand.cnmo 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that for ad Cooperative member prime construction contracts/purchases in excess nf $2,8QU, Vendor shaM comply Mth the Davis-Bacom Act (40 WS[ 3�141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29CFR Part 5, "Labor Standards Provisions App�icab|e to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Vendor is required to pay wages to laborers and! mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary ofLabor. In addition, Vendor shall pay wages not less than once week. [urrentprevaRImg wage determinations issued by the Department mfLabor are available atw%v wdo[my. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland ~Anti-K|ckback" Act (48 US[ 3145), as supplemented by Department of Labor regulations (29 [FR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the UnKed States"). The Act provides that each contractor or sobrecpient must be prohibited from inducing, by any means, any person emmpKoyed in the construction, completion, or repair of public work, to give up ally part of the compensation to which lie mrshe is otherwise entitled. Vendor Certification,Item 4 (Davis-Bacon Act): YES, I agree bmthe above. (Initial:(. L ) NO, I do NOT agree to the above. (Initial: ____) 5. Contract Work Hours and Safety Standards Act; Where applicable, for all Cooperative member contracts or purchases in excess of $10D,0O0 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 UG[ 3782 and 3704, as supplemented by Department of Labor regulations (29 [FR Part 5). Under4O USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of standard work week of4O hours. Work in excess ofthe standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess o[ 4& hours in the workweek. The requirements of48 U5C 3704ane applicable to construction work and provide that no laborer or mechanic must be required to work in surrmundingo or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not appUy to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission ofintelligence. Vendor Certification, Item 5 (Contract Work Hours and Safety Standards Act): YES, I agree to the above. (Initial: ) [1 NO, I do, NOT agree to the above. (Initial: FORM Q—pwGEm Connx./z.xa./s r%6 0 uard bwCooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 PH: 800-695-2919 , FAX: 800-211-5454 , www.buyboard,com 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401,2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subre,cipient Must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Vendor Certification, Item 6 (Right to Inventions Made Under a Contract or Agreement): YES, I ,agree to the above, (Initial: '�4 ❑ NO, I do NOT agree to the above. (Initial: 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contaun a provision that requires the non-Federai award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Vendor Certification, Item 7 (Clean Air Act and Federal Water Pollution Control Act): FNI YES, I agree to the above, (Initial: ❑ NO, I do NOT agree to the above. (Initial: S. Debarment and Suspension: Debarment and Suspension (Executive Orders 125�49 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the, System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. FORM!Q-PAGE 4 COMM NA 1 A8,15 oara Cooperative Purchasing 1,2007 Research Boulevard , Austin,Texas 78759-2439 PH: 800-695-2919 * FAX: 800-211-5454 , www.buyboard,com Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineiigible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible Linder statutory or regulatory authority other than Executive Order 12549. Vendor Certification, Item 8 (Debarment and Suspension): ' , I agree / certify to the above, (Initial: F] NO, I do NOT agree / certify to the above. (Initial: 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for all award exceeding $100,000 Must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier rilList also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As, applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment(31 USC 1352). Vendor Certification, Item 9 (Byrd Anti-Lobbying Amendment): YES, I agree to the above. (Initial: `12) NO, I do NOT agree to the above. (Initial: 10. Procurement of Recovered Materials: For Cooperative member purchases Utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines, FORM Q-PAGE 5 CoMM.vA1.18J5 amll� A6'111— N 01 oara Cooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 PH: 800-695-2919 - FAX: 800-211-5454 * www.buyboard,com Vendor Certification, Item 10 (Procurement of Recovered Materials): YES, I agree to the above. (Initial: El NO, I do NOT agree to the above. (Initial: 11. Profit as a Separate Element of Price For purchases using federal funds in excess of $150,000, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b), When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase, However, Vendor agrees that the total price, inducting profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Vendor Certification,Item 11 (Profit as Separate Element of Price): YES, I agree to the above, (Initial: Ej NO, I do NOT agree to the above. (Initial: 12. General Compliance and Cooperation with Cooperative Members In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recorckeeping and record retention requirements. Vendor Certification, Item 12 (General Compliance and Cooperation with Cooperative Members): YES, I agree to the above, (Initial: ❑ NO, I do NOT agree to the above. (Initial: By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make tNs certification and all consents and agreements contained herein, Iteris, Inc. Compogy �O'Ple Sig�6rture of Authorized Company Official Printed Name FORM!Q-PAGE 6 c0MM.V'11A8A5 D�78oard %j AJ Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 PH: 800-695-2919•FAX: 800-211-5454 •www.buyboard.com REQUIRED FORMS CHECKLIST (Please check(V)the following) Completed: Proposer's Agreement and Signature(Form A) 0 Completed: Vendor Purchase Order,Request for Quotes,and Invoice Receipt Options(Form B) Q Completed: Felony Conviction Disclosure and Debarment Certification (Form C) El Completed: Resident/Nonresident Certification (Form D) 0 Completed: Historically Underutilized Business(HUB)Certification (Form E) P Completed: Affirmation Regarding Construction Related Goods and Services(Form F) 0 Completed: Deviation/Compliance Signature Form (Form G) Ej Completed: Dealership Listings(Form H) Corrigle Led: Texas Regional Service Designation (Farm I) Q Completed: State Service Designation (Form]) Completed: National Purchasing Cooperative Vendor Award Agreement(Form K) Completed: Federal and State/Purchasing Cooperative Discount Comparison Form (Form Q Completed: Governmental References and Price/Discount Information(Form M) Completed: Marketing Strategy(Form N) Completed: Confidential/Proprietary Information Form(Form 0) 0 Completed: Vendor Business Name Form with IRS Form W-9(Form P) Completed: EDGAR Vendor Certification Form(Form Q) 0 Completed: Forms Checklist(Form R) 0 Completed: Proposal Specification Form with Catalogs/Pricelists(Form S) *CatalogpWcdistsrrl&be srrbmft d with proposal response orreAwnse 40notbe rcnsldered. 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Ta ° c = .20 S7 aCCu a 'FtA ^Q^ = Vftn �, L R a� O ME o 3 us ov Z' o aao m � � �.. c u o o as ra > ayye to �iw = Za Al� v L f0 (n G .Q. i G C 0 U v 0 UI O u i+ N O �v ' o rno E E � N w � m ro () E � U) `° Q _o G o !T i ` o a8 ° toOU3 M c° m ii o � CP rn i Cr o OFA rn CL L .cc cocoxV � z � z - u, o. z3oO p do r, ono M*Nbk Mb V01%hk 0 bwCooperative Purchasing 12007 Research Boulevard ' Ausbn,Texas 78759-2439 PH,: 800-695-2919 - FAX: 800-211-5451 - www,vendor,buyboai-d.com THE LOCAL GOVERNMENT PURCHASING COOPERATIVE ADDENDUM NO. 1 Proposal Invitation No. 534-17-Highway, Safely and Traffic Controll Products The following information becomes a permanent part of the Proposal Invitation document: PROPOSERS AGREEMENT AND SIGNATURE FORM: Contract Time Period; June 1, 2017 through May 31, 2018 with two (2) possible one-year renewals., Prom sal Opening lefts and Time: December 8, 2016 at 2:00 PX Anticipated Cooperative Board Meeting Date:April 2017 Please sign and return one copy of the addendum with proposal as verification of receipt and compliance with addendum information. Company Name: Iteris, Inc Address: 1700 Carnegie Ave, Ste 100 Signature of Authorized", Estimator Company Official: Title: Telephone Number: 512-592-9567 Date: 12/05/16 ard PFCapperativeur h inn A ,Box 400 Atastin, TX 78767-0400 800.696,2919 / 512,467,0222 f Tax;800,211.64 "4 buyhoard.coni PRICE SHEET ADVISORY The following pages were presented as part of the proposal response from the vendor. These pages were used as part of the evaluation of the vendor's proposal, and are included here as reference items only. The pricing shown on these pages may or may not be in effect during the contract. Connie W Burkett Contract Administrator BuyBoard G M11 The I oval Crwor meW f'raarlrasmo CooperaU e isenckvserl by Me Texas Assoc afrun af,.13ohool T9r�' lds,. s,a Texas thnicr pai C eagos Texas Assoruafloo of Counties and Me Texas Assocaalbn of School Aalmh7istratm s. 2 I 2 m § J } Ji / B ■ � a ■ � k j { � # t § a % \ § �. /kt c ul @° ■ ��§E % J-t k ■oU) 0) §§2s§ -o_°§ § 2«�2= L �z�$$ �§Ik \ §_ � _ - § [$� k §�k 00 0kk a §, u �£ k kk } � Bz $ ) )� % moo � tnL § k /¢ —ZE�B § t � k cc� It , , « .. � � LU C U. 0 � 0 E , ■ EU. $ L3 Distributed by'. A comnt.: iterra, Inc. 1700 Carnegie Ave, 1 0 Ni'Aruorks Santa Ana, CA 92705 environmentally hardened managed Ethernet switch with (7) 10/100TX + (3) configurable 10/100/10 T: / 100/1000FX port r E k/ ralr�lrtrarl l-p r °� Ji, o n l ITS Traffic'Signallzatiori Swurveillance/Inciderrt w,° " Detection Networks ! - Industrial and Factory Automation n - Integrated IP-Nicer and Data Transrnission Networks - Industrial Security Access Cortro9 Systems �i� fry i X/ f � The ComNet"114 CNGE31FE71VIS2 Managed Ethernet Switdi provides robust transrnission of (7) 10/10 1 BASE-TX and (:3) 10/100/1000TX or 100/1000FX c.ornbo ports, of gigabit Ethernet: data. iUr'alike most: Ethernet switches, these environraaentally hardened units are designed for direct deployment in difficult out-of'-f)1ant or' roadside operatung environments, and are available for use with either conventional CAT-5e copper or optical transmission ra-aedia. Diveyrse media selection allows for easy implementation of point-to-point, linear- add-drop„ drop-and-repeat, star, or true self-healing rinq and mesh network system architectures, The 7 electrical ports support the 10/100 Mbps Ethernet IEEE 802.8 protocol„ and auto-negotiating and auto-MDI/ '> MDIX features are provided for simplicity and ease of installation. 3 ports are '10/10 l/1000 configurable for copper or fiber r-media for use with n`rultimode or single made optical fiber, selected by optional SFP Modules. These network managed Iayer 2 switches are optically (100/1000 BASE-FX) and electrically compatible with any IEEE 802.:3 compliant Ethernet devices. Plug- and-play design ensures ease of instaailation, and no m m rr electrical or optical adjustr-nent:s are ever required. The CNCE3FE7MS2 incorporates LED indicators r for monitoring the operating Sta=atus of the managed switch and network. These units are DIN-rail or wall _ mountable. ( FP) r-nall Form-Factor fair.ggat)le Module O LIFETIME WARRANTY WIN VV,,GOMN ET.NET TE.CI-iSLJPI-"OR.,i..* 1x ,678, 427 environmentally hardened managed Ethernet switch with CNGE3FE7MS2 (7) 10/100TX + (3) configiLtrable 10/100/1000TX / 100/1000FX ports beriefits System Interface/Performance: Spanning Tree RJ45 port support Auto MDI/MDI-X function Support iEEE802.I d Spanning Tree SFP supports 100/1000 Dual Mode Support IEEE802.1w Rapid Spanning Tree Store-and-Forward Switching Architecture Back-plane(Switching Fabric): 7.4Gbps X-Ring 1 M b its Packet Buff e r X-Ring, Dual Horning, Couple Ring arid Dual Ring Topok)gy 8K MAC Address Table Provide redundant backup feature and the recovery firne below 20nis Wide operating temperature(-401- 75"C) Support IEEE802,labi LLDP Power Supply Wide-range Redundant Power Design Bandwidth Control Power Polarity Reverse Protect Support Rate-based and Pftiily-based rate limiting Overload Current Protection Bi oadcast/Multi cast Packet Filter Control VLAN System Event Log Port Based VLAN ystern Log Server/Chent Support 802.1 0 Tag VLAN SMTP e-mall Alert GVP Relay Alarm Output Systerri Events Part Trunk with LACP SNMP Trap Device cold start OoS(Quality of Service) Power status Support IEEE 802.1 p Class of Service Authentication failure Pei,port provides 4 priority queues X-Ring topology changed Port Base,Tag Base and Type of Service Priority Port Link Up/Link Down Port Mirror: Monitor traffic:in switched networks TFTP Firmware Update and Systein Configure Restore and Backup TX packet only RX packet only Supports 6000 VO�C Ethernet ESD protection Both TX and RX packet Supports 01DO function Security Port Security: MAC address entries/filter Provides EFT protection 3000 VDC for power line IP Security: IP address security management to prevent unauthorized intruder Standard Compliance Login Security: 1EEE802.1X/RADIUS IEEE802.3 1013ase-T Ethernet HTTPS SSH/SSL. 128 Bit Encryption IEEE802.3u 10013ase-TX/100 IEEE802.3ab 100OBase-T IGMP IEEE802.3z Gigabit fiber (query mode for Multi Media Application IEEE802.3x Row Control and Back Pressure Support multicast filter IEEE802.3ad Poll blink with L.ACP IEEE802.1 d Spanning Tree/iEEE802.1 w Rapld Spanning Tree Case/Installation IEEE802.I p Class of Service IP-30 Protection IEEE802.1 q VLAN Tag DIN Rail and Wall Mount Design IEEE802.1x User AL[theilfiCafil)n (Radians), IEEE802.1ab LI-DP AGHE (;Y COIAPLIANUF (A�I r p 4r�'vJ I N I I u I 4u FCc (E 0" F, W i od o;IIIq Otoif III; mgmq� I 4 hp�'Ic 3?;'411 Ilm':' (t","') LIFETIME WARRANTY VVVflfV,C0MNET,NE'r TECH SlJPP0RT,- 1,888,678A427 environmentally hardened managed Ethernel: switch Mth ONGE3FE7MS2 (7) 10/100'TX + (3) C01-1figUrable 10/100/1000TX / 100/1000FX por-ts hardware specifications Switch Overload Current Architecture Back-plane(Switching Fabric): 7.4Gbps Protection Present Packet throughput ability(Full DLIJ)1eX): Power Supply 12 -48VDC, Redundant power with 11 Mpps @1�64bytes polarity reverse,protect function Transfer Rate I 4,880pps for,Ethernet port and remrovable terminal block 148,800pps for,Fast Ethernet port Power Consumption 1112 Watts 1,488tOOOpps for Gigablt Fiber MTBF >I OG,000 hours Ethernet port Operating Humidity 5% to 9511% (Non-condensing) Packet Buffer I Mbits Operating Temperature -40 G to 75'C(Functional to 8511C) Mac Address 8K MAC address table Storage Temperature -40'C 85-C Flash ROM 4Mbytes Case Dimensions Metal case. IP-30, DRAM 32Mbytes 72mni (W) x 105ormi (D) x 152min (1-1) Connector 10/1001'1X: 7 x RJ45 ZBdl" (W x 4.13" (D) x 5.98" (H) 10/100/1000'F/Mini-GBIC Cornbo: Installation DIN Rail and Wall Mount Design 3 x RJ45 1- 3 x 100/1000 SFP sockets EMI FCG Class A,CE EN61000-4-2(ESD),CE RS232 connector: RJ45 type EN61000-4-3(RS),CE E1,161 aOO 44(EF-T), DI/DO 2 Digital Input(Dl(: CE EN61000-4-5(Sl.flge),CE EN55022,CE Level O: -30-2V EN61000-4-6(CS),CE EN61000-4-8.CE Level 1: 10-30V EN61000-6-2,CE EN61000 6-4 Max. Input current BrnA IETF RFC Compliance RFC768-LIDP, RFC783-TFTP, R1""C791-lP 2 Digital Output(DO): RFC792-ICMP, RFG793,,TCP, RFC827 ARP, Open collector to 40 VDC, 200r1A RFC854-'relnel, FtFC894-IP over Elhernel, Network Cable 1OBase-T: 2-pair-LJTP/STP Cat. 3, 4, 5 RFC1 1 12-iGMP 0, RFC1 519-CIDR, cable, EIA/TIA-568 100-ohni (100rn) 1 0()Base-TX.2-pair UTP/STP Cat. 5/5E RFC1 541-DHCP(client), RFC2030-SN P, cable. LIA/TIA-568 100-ohrn(N00ni) RFC2068-H TTP, RFC2236-IGMP v2, I 00013ase-TK 2-pair UTP/STP Cat.5e 11FC2475-Differentiated Services, or 6 cable. EIAJIA-568 1 00-ohni (1 00m) RFC2865-Radius, RFC3414-SNMPv3- Optical Fiberl Multirnode: 50/125prn - 62.5/1251ini LISM, RFC3415-SNMPv3-VACM Single Mode. 9/125pr11 IETF SNMP MIBS RFCI 493-BRIDGE,MI 3, RFC1907- Requires selectlon,of sold-separately SFP SNMPv2-MIB, RFC2012-TCP-MIB, Modules. See ComNet data sheet "SFP Small Forni-Factor Pluggable kloduWes" RFC2013-UDP-MlB, RFC2578-SNMPv2- for number an(] description of SFP SMI, RFC2579-SNMPv2-IC, RFC2819- rnodules. RMON-MiB, RFC2863-IF-M113, draft- Protocol CSMA/CD ietf-.bi 1(ig(;-i'stl)priiib-03-BRIDGE-MIB, LED 101100TX: UnkJActivity(Green) draft-retf-bt,i(Ige-I)i,idgemib-sriiiv2-03- Fufl Duplex/Collision(Yellow) RS"FP-MlB, 1ANAifType-MI13 Giga Copper: link/Activity(Green) Safety UL, cLJL, GE/EN60950-1, UL 508 Class Speed: 1000Mbps(Green) 1, Division 2, Groups A, B, C and D for SFP: Link/Activity(Green) flazat'dMis Locations Power(Green), Power, I (Green), Stability Testing 1EC60068-2-32(Free fall), Power 2 (Green), Fault(Red), lEC60068-2.-27(Shock), Master(Green) 1EC60068-2-6(Vibrafion) Reserve Polarity 11VIulfimode fiber needs to meet or,exceed direr standard ITIJA G 55L Simft, Protection Present mode fibe needs to reset or exceed fiber standard ITU-T G 652 CNGE3FE7MS2 Environmentally Hardened Managed Ethernet Switch with,(7)10/100TX+(3) 10/10011000TX 100/1000E-X Ports Accessories 24VDC Rog in,Power Supply(120(,in same regions),90-264VAG,50160HZ(Includedi PS24-1 A—24VDC DIN Rail Power supply(sold separately) LIFETIMEWARRANTY VVINKGOMNEINET TECH S['JPP()R'j', 1 888,678,9427' environn-ientally hardened managed Ethernet switch with CNGE FE7MS2 (7) 10/100TX + (3) corifigurable 10/100/1000TX / 100/1000FX ports software features Management SNMP v1,v2c, v3/Web/Tolne t/C LYN S-View Bandwidth Control Support ingress packet hiterand egress packet Management lirniL The egress rate control all of the packet SNMP MIB RFC 1215 Troup, RFC 1213 MiB11, RFC 1157 SNMP types and the Hirnil rates are 10OK-250fts, MlB, RFC 1493 Bridge MIB, RFC:2674 VLAN MIB, Ingress filter packet type combination rILIl(i;area RFC 1643. RFC 1757, RSTP MlB, PrMite MlB Bi,o,.idczistJMulticast/t)ril4nc.)wn Unicast packet, VLAN Pod Based VLAN BroadCaSt/lVUltiCaSt pild�et, Broadcast packet �EEE802.10 Tag VLAN(256 entrjes)/ only and at of packet. The packet filter rate can be set from 100K-250Mbps, VLAN ID(UP to 4K,can b to assigned from 1 t 4096)GVRP(256 Groups) Flow Control Support Flow Control for Fuli-duplex and Back Port Trunk w/LACP LACP[loft Trunk: 4 Trunk groups/MaXiInLlm 4 Pressure fronri Half-duplex Trunk members System Log Support System, log record and remote systern ]log server LLOP Support LLDP to allow switch to advise its identifica- tion and capability on the LAN SM:TP Support SMTP Server and 6 e-mail accounts for Spanning Tree Support lEEE802.1w Rapid Spanning Tree receiving event alert X-Ring Support X-Ring, Dual Horning and Coupie Ring Relay Alarm Provides one relay output for port breakdown, Technology. Provide redundant backup feature and power fail,Alarm Relay current carry ability: to @� DC24V the recovery time below 20rns LIDO DO:When disconnection of the specific port was Quality of Service The quality of service determined by porl,Tag and detocled, D 1Pv4 Type of Service, lPv4 Different Service DO wall activate the signal LED to alarm. Class of Service Support JEEE802.1 p class of servrce, per poll pro- DI: hitegrate critical sensors-2 groups of digital vide,s 4 priority queues inputs. DI can lnlegrate the sensors into the Port Security Support 1000 entries of MAC address for static auto alarm system and transfer the alano, MAC and another 100 for MAC filter information to IP network with email and Port Mirror Support 3 ruir rairing types: RX, TX and Both packet SNMP, IGMP Support lGMP snooping vl, v2; 256 mullicast S�NMP Trap Up to 3 Trap stations.Cold start,Port link up,Pod link groups and IGMP query down,ALI then 11 cation Failure,Prvate Trap for power IP Security Supports 10 IP addresses that have permission status, Port Alarm configuration, Fault alarr'n, X-Ring topology change. to access the switch management and to prevent unauthorized intruder. DHCP Provide DHCP Client/DHCP`Server and IP Relay Login Security Support IEEE-'802,1X Aullrentication/RADIUS DNS Provide DNS client feature and support Primary and Secondary DNS server Distributed by: SNTP Support SNTP to synchronize system dock in Internet Firmiware Update,configuration backup and restore Support TFTP firmware update,systeru configure backup and restore 1700 Carnegie Ave, #100 If Alias Each port allows importing 128 bit of alphabetic;strino of words on SNMP and C[-j interface. Santa Ana, CA 92705 512-592'-9567 3(',0FiP08ATi,,'I)MVE I DANBURY,CT'06810 I USA comnet,,, T:203 796.5300 I R 203 7964 5303 9 TECH SUPP(inl':1MB 678M271 lNF0@CWANE1',NET 8 TURNW Frffif PARK HAD I GiLDERSONIE I MORLEY I LEEDS,08,127 7LE Col'I'llnunication Nelllvol*S 'r. +44(0)113 307 64001 44(0)113 253 7462� iNF0-ELJFVIPE(c:'WMN E'r.NET ard PFCooperatirvPurchasing P 0'.Box 400 Austin, TX 76767-0400 000.696.2919 / 612.4 7.0222 / Fax.800.211.5454 huyboard.com April 15, 2019 Sent via Email to:igdOiteris.com John Drake Iteris, Inc. 1700 Carnegie Ave. Suite 100 Santa Ana CA 92705 Re: Highway Safety & Traffic Control Products BuyBoard Contract 534-17 The Local Government Purchasing Cooperative d/b/a BuyBoard® (Cooperative) awarded your company a contract under Highway Safety&Traffic Control Products, Contract Number 534-17, for which the current term is set to expire May 31, 2019 At this time, we are renewing your contract through May 31, 2020. This will be the final renewal of this contract. All discounts, terms, and conditions of your contract will remain the same. If you agree with the renewal, there is nothing you need to do. However, if you do not agree to this renewal, you must notify me immediately via email at connieeburkett tas .org. Reminder: All purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a Cooperative member. Accepting orders directly from a member entity without Cooperative authorization is a violation of the terms of your contract. We request your assistance in immediately forwarding any orders received directly from member entities. Purchase orders may be sent to us either by fax (800-211-5454) or by email (info , uy oar .com). If by chance an order sent directly to you has been unintentionally processed, please forward it to the Cooperative and note it as RECORD ONLY to prevent duplication. If you have questions or comments concerning this renewal, please contact me as soon as possible at con nieeburkett tas .or . We appreciate your interest and participation in The Local Government Purchasing Cooperative. Sincerely, Connie W Burkett, CTSBS Contract Administrator i , " Trs I ocQ it G�Ater u'�ent fiats idsso g Govero�ive.is endor,�e(t by Me Taxas Assocratrr�n ot,Scl ool�3'ra aura,. s, Toxas 17tmic,mi @ aaguo ryas Assoaiafion of CrOLW116S and Me Texas Association of Sclauot AcIr�jr 7jstrafms. Ou,m 0u JCHN DRAKE EQUIPMENT QUOTE. *1ter*IS1700 Carnegie Ave.Suite 100 Quote#: 030420-3-JGD Santa Ana,CA 92'705-6651 Phone:(512)592-9567 email:jgd@iteris.corn,web site:wwwr.iteris.com ..... Iteril$'Inc I � .._r l I daU _. 1 E iuj mu 1 00 CarnegieAve,'Wte 11100, lift' �� nta mnlatr Agency: NORTH RICHLAND HILLS March 4,2020 Project Name: CONTROLLERS VE'Ed 4 I]BESC�II,IE"T'N)N NlnES cjry supl+'LWEi�n, l„iWIG��UC'E' Ba,PRICE� M6p NEMA _ _ .... TX SMARTBUY 550-A2, 6132 0000-143 . ITEM 55061285279 3 $2 070 00 $6 210 00 ABW12027P001 CBL TYPE 2 TO TYPE 1,ADPTR 3 Fax or email Purchase Orders to:Marilyn Holden, 949 270-9441,RS-S ales-Sup /�� N�/��j�y ( ► Support�iteris.corn,pleaseincludequotenumberon � ��/ ©�j�EMJ purchase order ,, //ll �/%/�. ..--..._.�....-.A.,., ...�..............�. ;f0s ,,,r,�c,� 1,.�,1��,�� ,,�,�1 Quote Terms:Net 30 days,subject to credit approval and Iteris Standard Terns&Conditions unless negotiated In writing with Iteris,Inc.prior to purchase. FREIGHT p Prices are valid for 30 days from the date of quote unless extended in writing. ..._.. ...- _ TAX 0_004/ FOB Destination,freight included,does not include insurance.Equipment from this quote may only be Installed in the State of Texas. DISCOUNT This quotation and any resulting order are subject to Iteris'Roadway Sensor Products Standard Terms and Conditions of Sale attached hereto or avallable at http://www.iteris.com/RS-Std-TC.pdf,which are incorporated herein by this reference. TOTAL 16.210A0 AS l"C^plcskld by Lhc C;y 'p[LI'.;Iq ni p�";gnl II�l° h RJ° '-Ifl lllld I:H11s Lc k has a""'gr'w,cd Lo L�ll. ".`�Vi�all�',L",w LI'."P Lh ��1��iLI11L�ij;l°d l.,l.11,11",w 8�" („tl"PI11LN;l.Llt"PI1s �,l'Q �1a .. li, � ilq.`�ul'w°'o.� hi.u°l°`Lo', Iteris roadway Sensor Products loteris, Standard Terms and Conditions of Sale 1. Sole Agreement.These Standard Terms and Conditions of Sale for the sale taxes and export or impart duties or fees applied to the sale or to the Products and purchase of goods and services between Iteris, Inc. ("Iteris") and the sold, by any United States or foreign federal, state, provincial, or local purchaser or buyer("Purchaser")indicated on the face of the price quotation, governmental body. Any such taxes that must be paid by Iteris shall be proposal, contract, sales order or offer from Iteris constitute the entire separately itemized on Iteris' invoice and paid by Purchaser,or in lieu thereof, agreement between Iteris and Purchaser(the"Agreement")and supersede any Purchaser shall furnish Iteris a properly executed tax exemption certificate prior prior agreement or understanding,whether oral or written,relating to the subject to shipment. matter of this Agreement.Iteris shall not be bound by any terms or conditions 6. Limited Warranty. For the purposes of this Agreement the"End User" not set forth in this Agreement,including but not limited to,any purchase order shall be the Purchaser or, if Purchaser is a contractor, distributor or other or purchase contract("Order")from Purchaser that is in any way inconsistent authorized reseller to whom Iteris delivered Products intended for use by a third with or in addition to this Agreement.This Agreement may not be expanded or party,shall be the intended third party. modified except by an instrument in writing executed by an authorized Iteris Hardware Products:Iteris hardware Products marked as manufactured representative of Iteris. Iteris' acceptance of Purchaser's Order shall not be by or for Iteris or marked with an Iteris brand or trademark are warranted,at the deemed an acceptance of any modification to any term or condition contained time of delivery to End User,to conform to Iteris'published specifications and herein,but rather an acceptance of Purchaser's agreement to purchase goods to be free from defects in material and workmanship.The occurrence of any of and services upon the terms set forth in this Agreement.All Orders,whether or the following terminates Iteris' Limited Warranty: (i) a Product fails as the not based on specific quotations, are subject to Iteris' acceptance by an result,in whole or in part,of modification or repair of the Product not conducted authorized Iteris representative. Notwithstanding the foregoing,if Purchaser is in conformity with Iteris'approved procedures;(ii)a Product fails as the result, purchasing the VantageLive! services, such services are subject to a separate in whole or in part,of improper or insufficient maintenance;(iii)a Product is agreement that Purchaser will be required to accept and agree,and nothing in damaged due to, in whole or in part,electrical power surge,lightning strike, the VantageLive!services agreement shall be construed to modify the teens and accident, negligence, improper storage, incorrect installation, incorrect conditions of this Agreement for other products and services subject to this operation, unusual deterioration due to physical environments in excess of Agreement. limits set forth in Product manuals,or any other type of abuse or misuse;or(iv) 2. Shipment.All prices are in United States Dollars(USD or$)and quoted the removal of serial numbers,or the removal,mutilation or defacement of any FCA(Free Carrier at named point, Incoterms®2010),or in jurisdictions that part of a Product. As a condition to making any claim under this Limited have not adopted Incoterms®,FOB at the shipping point of Iteris,Inc.Title to Warranty, End User must request a Return Material Authorization("RMA") goods sold hereunder(individually,a"Product"and collectively,"Products") before the Limited Warranty terminates or expires. Provided that the Limited shall pass to the Purchaser upon delivery of Products to the carrier. Iteris, Warranty has not terminated or expired, Iteris shall issue the RMA and End however,retains a security interest and a vendor's lien against the Products until User shall have the right to return the non-conforming Product,transportation payment in full is received. Purchaser agrees to perfect and maintain such prepaid,to Iteris for repair or,solely at Iteris'option,replacement with new or security interest for Iteris. In the absence of specific written instructions that reconditioned materials.Except for repair or replacement,Iteris shall be under Iteris has accepted, Iteris will ship Products by what it deems to be the most no other liability to Purchaser. This is a Limited Warranty only and,unless appropriate method for shipment.Although Iteris may transact for carriage,all otherwise specified in writing by Iteris, shall expire thirty-six(36) months freight charges and insurance premiums will be for the account of Purchaser. after the date of delivery of each unit of Product to Purchaser.Repaired or Upon delivery to the carrier,Purchaser assumes all risk of loss.Any such loss replaced Products have a Limited Warranty for the greater of ninety(90)days shall not relieve Purchaser of its obligation to pay Iteris in full for Products, from the time of shipment or the remainder of the original warranty period. freight and insurance.Purchaser shall have the right to negotiate with the carrier Iteris Software Products: Sofhvare Products marked as manufactured by or and/or insurer to recoup its loss. for Iteris or marked with an Iteris brand or trademark are warranted to the 3. Delivery. Standard shipments to Purchaser will be approximately 30-45 licensed End User in accordance with the software license and warranty days after receipt of an Order.In the event that Purchaser requests a guaranteed packaged with the software. ship date, Iteris reserves the right,after notice to Purchaser,to include in the Non-Iteris Products:Hardware or software Products marked as manufactured final purchase price any expenses which increase the cost of production or or produced by others or marked with a brand or trademark of a party other than delivery,including but not limited to,expediting and overtime expenses,parts Iteris are warranted,if at all,by the manufacturer or producer to the End User procurement premiums,etc.Iteris reserves the right to ship complete orders in in accordance with the warranty documentation provided by the manufacturer advance of the ship dates specified and,with prior approval from Purchaser, or producer. partial orders.Iteris shall not be liable for either delays in delivery or the failure NO OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR to manufacture if such delay or failure is due to causes beyond Iteris'reasonable IMPLIED INCLUDING WITHOUT LIMITATION MERCHANTABILITY control, including but not limited to, acts of God, acts or omissions of either OR FITNESS FOR A PARTICULAR PURPOSE, ARISING BY LAW, Purchaser or third parties, intervention of any government authority, strikes, CUSTOM OR CONDUCT, SHALL BE APPLICABLE. NO lockouts or other labor disturbances, floods, fires, earthquakes, epidemics, REPRESENTATION OR WARRANTY BY PURCHASER SHALL EXTEND quarantines,riots,wars, delays in transportation, or where Iteris is unable to THE LIABILITY OR RESPONSIBILITY OF ITERIS BEYOND THE obtain necessary labor, materials or manufacturing facilities. In the event of TERMS OF THIS PROVISION. THE RIGHTS AND REMEDIES such delay or failure,the delivery date shall be extended for a period equal to PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER the time lost by reason of the delay or failure. RIGHTS OR REMEDIES. IN NO EVENT SHALL ITERIS HAVE ANY 4. Payment Terms. Unless an authorized Iteris representative agrees upon LIABILITY UNDER ANY LEGAL OR EQUITABLE THEORY(RELATING different credit terms in writing at the time of acceptance of Purchaser's order, TO THE SUBJECT MATTER OF THIS AGREEMENT) FOR the standard terms of payment shall be cash or wire transfer of funds in advance CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR LOSS, of shipment or,for international shipments,Irrevocable Sight Letter of Credit DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM collectable within thirty(30)days after shipment. Iteris' obligation to deliver USE OF THE PRODUCTS, OR AN INABILITY TO USE PRODUCTS Products is subject to Purchaser's compliance with the foregoing payment EITHER SEPARATELY OR IN COMBINATION WITH OTHER terms,or in the event credit is granted by Iteris,any such credit terms provided. SOFTWARE, EQUIPMENT OR MATERIALS, OR FROM ANY OTHER Iteris may at any time, in its reasonable business judgment, if the financial CAUSE. condition of Purchaser warrants,either alter the credit terms or suspend credit 7. Return Material Authorizations. Upon request by the End User for an and delay delivery until such time as the revised credit terms are met.Iteris shall RMA whether for repair,replacement,or credit,Iteris agrees that it will either have the right to cancel any unfilled order,or delay its shipment,for failure of issue such RMA or provide End User with a written explanation for its refusal Purchaser to meet its payment schedule or obligations.In the event any payment to issue the RMA within thirty(30)days of the request by End User. If Iteris is not made when due,Iteris shall have the right to accelerate the due date of provides a Field Replaceable Unit("FRU")or replacement Product in advance the entire unpaid balance and to increase the unpaid balance of the sales price of receipt of an authorized return and does not receive the returned unit within at the rate of one percent(1%)per month,or the maximum allowed by law,on 30 days of shipment,End User will be invoiced for the FRU or replacement, the unpaid balance until the account is paid in full,in addition to any reasonable End User shall pay all shipping costs for items returned to Iteris. For items attorneys'fees or other collection expenses. repaired or replaced under a valid warranty claim,Iteris shall pay shipping costs 5. Taxes.All prices are exclusive of any and all taxes,duties,tariffs,fees,or for return of repaired or replaced item to End User. assessments, including but not limited to sales, use, excise, VAT, or similar Version Ul date:2017-07-31 1 of 2 Iteris Roadeny Sensor 11oduets Standard Teens and Conditions of Sale Iteris Roadway Sensor Products a e Standard Terms and Conditions of Sale erols" 8. Indemnification. with apro rata amount of monies paid for such affected Products.The foregoing a. Purchaser Indenu iftation. Iteris shall indemnify, defend and hold IP Indemnity shall not extend to claims based on infringement of Intellectual Purchaser, and its affiliates, directors, officers, shareholders, and employees Property outside the United States of America. Iteris' sole obligation and harmless from and against any claims,damages,liabilities,costs and expenses liability to Purchaser with respect to indemnification of claims shall be as set (including, without limitation, reasonable attorney's fees and court costs) forth in this paragraph and specifically excludes indemnification for (collectively, the "Liabilities") to the extent arising out of third party claims consequential damages, incidental damages,punitive damages,and attorneys' based on a product liability or strict liability in tort relating to the Product or fees."Th ,s ,t cin k,6dou, as r+a{w:ur,,, ate d by 4.be C4y waf�b 1�� htidlan i Hfls,, Iteris'negligence,or willful misconduct causing bodily injury(including death) 10.Arbitration. It is the intent of the-parties that any controversy will be or physical damage to tangible personal property. elevated to the highest management levels withinthe respective organizations b. Iteris Indemniiftation.Purchaser shall indemnify,defend and hold Iteris, in an-attempt-to resolve the matter most efficiently,If the partiesare unable, and its affiliates,directors,officers,shareholders,and employees harmless from after-good faith negotiations,which each hereby covenants to undertake, to and against any Liabilities to the extent arising out of third party claims based resolve any-dispute,claim or controversy arising between-them, the parties on products other than Iteris Products supplied by Purchaser or Purchaser's hereby expressly agree-that the exclusive means of resolving-any such dispute, negligence, or willful misconduct causing bodily injury (including death) or claim or controversy arising out of or relating to this agreement or the breach, physical damage to tangible personal property. In the event that Purchaser is a termination, -enforcement, interpretation or validity thcrcof including the governmental agency or body, the foregoing Iteris Indemnification shall not determination ofthe scope or applicability of this agreement-to arbitrate,shall apply to the extent prohibited by law. be-determined-by arbitration.IfthePurchaserhas an officelocatedin the United c. Indemnification A-ocedures. The Parties will follow the following States,arbitration shall be conducted under the Streamlined ArbitrationMules indemnification procedures. Promptly after receipt by any entity entitled to and-Procedures of JAMS, a national alternative-dispute resolution service indemnification of notice of a third party claim, the Party seeking indemnity (www:jamsadreom) and shall be conducted in the-English language, in Los ("Indemnitee")shall notify the other Party ("Indemnitor") of such claim in Angelcs,CA USA, by one (1)-arbitrator-appointed in accordance-with-said writing.No failure to provide obligations under this Agreement except to the rules If the Purchaser doesnot have an office in the United States,arbitration extent that it can demonstrate prejudice attributable to the failure.Within fifteen shall be conducted under the Mules of Arbitration of the International Chamber (15)calendar days following receipt of written notice from Indemnitee,but in of Commerce andbe-conducted-in the English language, in NewYork, NV no event later than ten(10)calendar days before the date a response to such USA,- by one -(1) arbitrator-appointed in accordance with said Rules of claim is due("Election Notice Period"),Indemnitor shall notify Indemnitee in Arbitration.-Judgment on the arbitration-award may be entered in any court writing if the Indemnitor elects to assume control of the defense and settlement having jurisdiction. This clause shall not preclude parties from -seeking of that third party claim("Election Notice").If Indemnitor delivers an Election provisional remedies in aid of arbitration from a court of appropriate Notice relating to any third party claim within the required Election Notice jurisdiction nor shall it preclude-Iteris from any-pursuit allowed by the fiall Period,the Indemnitor shall be entitled to have sole control over the defense extent of the lawfor collection of amounts owed by-Purchaser-under any credit and settlement of such claim;provided that(a)the Indemnitee may participate arrangement.The arbitrator may,in the award,allocate all or part of the costs in the defense and employ counsel at its own expense to assist with such third of the arbitration, including the fees of the arbitrator and the -reasonable party claim,and(b) Indemnitor shall obtain the prior written approval of the attorneys'fees ofthe prevailing party. Indemnitee before entering into any settlement of such third party claim that 11. Product Modifications, Iteris reserves the right,at any time and without purports to binds the Indemnitee. After the Indemnitor has delivered an notice to Purchaser,to modify Products,in whole or in part,to include therein Election Notice,Indemnitor shall not be liable to the Indemnitee for any legal changes deemed appropriate by Iteris which do not adversely affect the form, expenses incurred by the Indemnitee in connection with the defense of that third fit or function of the Products,and without incurring any liability,to change or party claim.In addition,the Indemnitor shall not be required to indemnify the modify any Product previously delivered, or to supply new Products in Indemnitee for any amount paid or payable by the Indemnitee in the settlement replacement thereof of any third party claim for which the Indemnitor has delivered a timely 12. Export Responsibility.All sales hereunder shall at all times be subject to Election Notice,if such amount was agreed to without the written consent of the export control laws and regulations of the U.S. government. Purchaser the Indemnitor.If the Indemnitor does not deliver an Election Notice relating agrees that it shall not make any disposition, by way of transshipment, re- to any third party claim within the required Election Notice Period, the export, diversion or otherwise, except as said laws and regulations may Indemnitee shall have the right to defend the third party claim in such manner expressly permit,of U.S.origin goods purchased from Iteris,other than as to as it may deem appropriate,at the sole cost and expense of the Indemnitor.The the ultimate country of destination specified on Purchaser's order and/or Indemnitor shall promptly reimburse the Indemnitee for all such costs and declared as the country of ultimate destination on Iteris'invoices. expenses(i.e.Liabilities). 13. General. 9. Intellectual Property Indemnification. Iteris shall indemnify and hold a. No modification of a quotation or a resulting order shall be binding unless harmless Purchaser from loss,damage or liability for infringement of a United in writing signed by an authorized representative of Iteris. States(U.S.)patent or U.S. copyright("Intellectual Property")to the extent b. No waiver by either party of any default shall be deemed a waiver of any arising out of the distribution or use of Iteris Products as delivered to Purchaser subsequent default. by Iteris hereunder(the AP Indemnity");provided that Purchaser notifies Iteris c. Purchaser shall not assign its Order or any interest therein or any rights in writing within ten(10) days of Purchaser's first notice of an infringement hereunder without the written consent of Iteris, and any such purported claim,threat or suit("Infringement Claim")and fully cooperates with Iteris in assignment shall be null and void and of no affect whatsoever. the defense of such Infringement Claim and the avoidance of infringement by, d. Purchaser agrees that it will not modify, reproduce, reverse engineer, including but not limited to, providing Iteris any requested authority, reverse compile,disassemble,translate,de-compile,deconstruct or decrypt,the infonnation,and assistance necessary.Iteris shall be entitled,at its election,to whole or any part of the Products,including any software embedded therein. assume the defense of any Infringement Claim The foregoing Indemnity shall e. All quotations and any resulting order shall be construed, interpreted and not apply when normally non-infringing Iteris Products are rendered infi inging governed by the laws of the State of Texas California,USA,but specifically by(i)alteration of Iteris Products or the operation thereof,not by Iteris or duly excluding any International Convention regarding the International Sales authorized by Iteris in writing, (ii)use of Iteris Products in combination with of Goods.Should any court ofcompetent jurisdiction determine any portion other products,software,or services,(iii)Iteris'modification of its Products in hereof illegal or against public policy,such determination shall not affect that compliance with the Purchaser's specifications or instructions, or (iv) portion herein that is not illegal or against public policy. In the event that the Purchaser's failure to use and implement instructions provided by Iteris in a federal,state,provincial,city or local government or any bureau or agency writing that would have rendered the Iteris Product non-infringing after thereof, should promulgate any law,rule or regulation affecting prices, reasonable time after receipt by Purchaser and before actual infringement.Iteris deliveries or any other term of a contract resulting fi-om a quotation, then, shall have the right to resolve any Infringement Claim in the manner it deems at the option of Iteris communicated to the Purchaser in writing within a appropriate,including,but not limited to,(i)obtaining a license from the owner reasonable time,the contract between Iteris and the Purchaser may be either of the alleged infringed Intellectual Property or(ii)modifying or replacing the terminated by Iteris and be of no force and effect and the parties shall be alleged infringing Product with non-infringing Product.In the event that neither restored to the position they occupied before the contract was executed,or Iteris (i)or(ii)are commercially possible,then Iteris shall have the right to rescind may make such changes in the price,delivery schedule and terms as Iteris in the purchase of the affected portions of the Products and to refund the Purchaser its reasonable business judgment may deem necessary to comply with such law,rule or regulation. Version Update:2017-OT31 2 of 2 Iteris Roadway Sensor Prodw:ts Standard Tenns and Conditions of Safe —N� CERTIFICATE OF INTERESTED PARTIES FORM 1295 I'll e �,,uAc tl"Iat RcHs,lnc�is a 1:�,uNic We are this fctrrn as rcqcicmed �by ffic,, I Of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY 7 Complete Nos.1,2,3.5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-598587 Iteris, Inc Santa Ana,CA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is— 03/13/2020 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. TX Smartbuy 550-A2 Controllers 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I ontroll7ing Intermediary Thomas L.Thomas, Director, Santa Ana,CA United States X ........... Laura L.Siegal, Director, Santa Ana,CA United States X Gerald M.Mooney, Director, Santa Ana,CA United States X Scott Deter, Director, Santa Ana,CA United States X Kevin C. Daly, Ph.D., Director, Santa Ana,CA United States X Joe Bergera,CEO&Director, Santa Ana,CA United States X .............. 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Delorie Farr Mitchell and my date of birth is My address is 26622 Merienda#2 Laguna Hills CA 92656 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Orange County, State of. California on 13 daoof March ............................. 12020 (month) (year) k�'q'business entity ature of a6th rized agent 4o' contr'3citin4 bu�sir (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 13, 2020 SUBJECT: Approve Ordinance No. 3643, abandoning a fire lane, access, drainage and water easement in the Hometown Dolce Addition Phase II, and authorize execution of a quitclaim deed and hold harmless agreement with Millennium at Hometown, LLC. PRESENTER: Justin Naylor, Civil Engineer SUMMARY: The City Council is being asked to approve an ordinance abandoning a fire lane, access, drainage and water easement in the Hometown Dolce Addition Phase II, and authorize execution of a quitclaim deed and hold harmless agreement with Millennium at Hometown, LLC. GENERAL DESCRIPTION: In August of 2013, a fire lane, access drainage and water easement was dedicated by separate instrument: D213226845 Deed Records of Tarrant County, Texas (D.R.T.C.T.) for the construction of a temporary fire lane to provide access during the construction of Hometown Dolce Addition Phase I. With the plat of Hometown Dolce Addition Phase II, this easement was noted to be abandoned once new infrastructure has been constructed and approved. The replacement infrastructure has been constructed and approved rendering the previous easement unnecessary. Action is required by the City Council to abandon the easement and authorize execution of a quitclaim deed and hold harmless agreement with Millennium at Hometown, LLC. RECOMMENDATION: Approve Ordinance No. 3643, and authorize execution of a quitclaim deed and hold harmless agreement with Millennium at Hometown, LLC. a t i � I r ��p I N� , f v o c i m , y i a i yr/ smi V W , ORDINANCE NO. 3643 AN ORDINANCE VACATING AND ABANDONING A FIRE LANE, ACCESS, DRAINAGE AND WATER EASEMENT PREVIOUSLY CONVEYED TO THE CITY; DECLARING THAT SUCH EASEMENT IS NO LONGER NEEDED FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THE EASEMENT TO THE OWNER OF THE FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on or about August 27, 2013, a fire lane, access, drainage and water easement was granted to the City, which such easement is filed of record as Instrument No. D213226845 of the Tarrant County Deed Records; and WHEREAS, the current property owner, Millennium at Hometown, LLC. ("Developer") has constructed improvements to replace the fire lane, access, drainage and water easement dedicated in the construction of Hometown Dolce Addition Phase II, and after careful study and consideration, the City Council has determined that the public would be better served and benefited by vacating and abandoning the existing easement; and WHEREAS, in order to remove any question as to the continued interest in the easement or the City's intention to relinquish its rights in the easement, the City desires to execute a quitclaim deed releasing and assigning all title and control in said easement to the owners of the fee estate on which the easement is located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: The City Council finds that the public would be better served and benefited by the vacation and abandonment of the fire lane, access, drainage and water easement conveyed to the City on or about August 27, 2013 filed of record as Instrument No. D213226845 of the Tarrant County Deed Records, and as shown and described on Exhibit "A" attached hereto Ordinance No. 3643 Page 1 of 3 and incorporated herein. The existing easement to be abandoned is shown and depicted on Exhibit "A." SECTION 3: The purpose of vacating and abandoning the existing easement is to allow the Developer to build a structure across the easement which is no longer needed to provide fire service as the service has been provided elsewhere. SECTION 4: The City Council finds that the existing easement that is to be abandoned is no longer needed for public use. SECTION 5: The Mayor of the City of North Richland Hills, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the above-described easement to the current owner of the fee estate on which the easement is located. SECTION 6: The current owner of the fee estate shall agree to release the City from any and all liability for claims for damages or loss, unless such damage or loss is caused by the negligent acts or omissions or intentional misconduct of the City, its employees, officers, subcontractors, agents or representatives. Developer further agrees that Developer will be liable for any and all claims for damages or loss of any kind, for any reason, for any and all activities, whether real or asserted, resulting on the property, arising out of or in connection with the abandoned easement, if such damage or loss is caused by the negligent acts or omissions or intentional misconduct of Developer, its employees, officers, subcontractors, agents or representatives, such agreement shall be executed and attached hereto as Exhibit "B." Release of this easement shall run with the land and be binding on all successors and assigns of the fee estate. SECTION 7: Upon execution of the quitclaim deed and the release agreement, the City Secretary is authorized and instructed to file this ordinance along with the quitclaim deed in the deed records of Tarrant County, Texas. SECTION 8: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not Ordinance No. 3643 Page 2 of 3 be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 10: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11: This Ordinance shall be in full force and effect from and its passage. AND IT SO ORDAINED. PASSED AND APPROVED on this 13t" day of April 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Caroline Waggoner, Director of Public Works Ordinance No. 3643 Page 3 of 3 Page 1 of 6 CITY OF NORTH RICHLAND HILLS, TEXAS FIRE LANE, ACCESS, DRAINAGE, &WATER EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT That I/we, �Q 4ck4 n Or bort y, as Seller(s), for and inconsideration of the agreed purchase price of 8"\ Dollar(s) ($ I '2 ) and upon all of the terms and conditions hereof hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a perpetual easement for the purpose of constructing, using and maintaining 1) fire lane, 2) public access for vehicular and pedestrian use, 3) public drainage facilities, including underground conduits and overland flumes or swales with unrestricted surface access for relief flow, 4) public water line facilities including underground conduits,and said perpetual easement being described by metes and bounds on Exhibit "A" and shown by plat on Exhibit "B". Both Exhibit "A" and Exhibit "B" are attached hereto and made a part hereof. The agreed purchase price includes full accord,satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed this the day of ? 2h WQ-r A.D., 2012. L"Aeu.r\ Qr-ban R1-+�S,L-H. ,�Z _z SELLER(S)&ea4'e V,, e ,f Ate ate,,- t'�a•f/cc/� Page 1 of 2 PW24DRAN.EAS *ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 1 Of 6 Page 2 of 6 ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 N. Richland Hills, Texas 76180 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this the day of `Qeez.,�•,ba.r' , A.D., 2012 by l,Mes -44•,Arcn:Q �L 4ev%.p_jcwn Vr► -n P. 5 , e_4C4. G Notary Public, State of Te as Commission Expires: Notary's Printed Name: =r�gaB"'s TORI CHUMBLEY Notary Public,state of Texas My Commission Expires ;„;, November 04, 2014 Page 2 of 2 *ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 2 Of 6 Page 3 of 6 LEGAL DESCRIPTION BEING a tract of land situated in the city of North Richland Hills, Tarrant County, Texas, out of the Landon C. Walker Survey, Abstract No. 1652, being part of a 28.586 acre tract of land conveyed to RCC Hometown Apartments, Ltd. according to the deed recorded in Clerk's File Number D207420504, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a 5/8" iron rod set with plastic cap stamped "R.P.L.S. 5199", being in the south line of said 28.586 acre tract, being the southeast corner of a 13.3136 acre tract of land conveyed to Dolce Living Hometown LLC as recorded in County Clerk's File No. D212132147, Deed Records, Tarrant County, Texas, and being in the north line of a tract of land conveyed to Texas Electric Service Company as recorded in Volume 2844, Page 281, Deed Records, Tarrant County, Texas; THENCE, along the east line of said 13.3136 acre tract, North 03 degrees 09 minutes 11 seconds East, a distance of 198.48 feet to a 5/8" iron rod set with plastic cap stamped "R.P.L.S. 5199", being in the southeast line of said 13.3136 acre tract; THENCE, along the southeast line of said 13.3136 acre tract, North 48 degrees 09 minutes 12 seconds East, a distance of 229.45 feet to the POINT OF BEGINNING; THENCE, continuing along said southeast line, North 48 degrees 09 minutes 12 seconds East, a distance of 30.10 feet to the beginning of a non-tangent curve to the right; THENCE, departing said southeast line, along said curve to the right, through a central angle of 63 degrees 46 minutes 08 seconds, a radius of 46.00 feet, an arc length of 51 .20 feet, a chord bearing of South 28 degrees 43 minutes 53 seconds East and a chord distance of 48.60 feet; THENCE, South 03 degrees 09 minutes 11 seconds West, a distance of 36.25 feet to the beginning of a curve to the left; THENCE, along said curve to the left, through a central angle of 90 degrees 00 minutes 00 seconds, a radius of 20.00 feet, an arc length of 31.42 feet, a chord bearing of South 41 degrees 50 minutes 49 seconds East and a chord distance of 28.28 feet; THENCE, South 86 degrees 50 minutes 49 seconds East, a distance of 55.10 feet; THENCE, South 03 degrees 09 minutes 11 seconds West, a distance of 26.00 feet; THENCE, North 86 degrees 50 minutes 49 seconds West, a distance of 55.10 feet to the beginning of a curve to the right; THENCE, along said curve to the right, through a central angle of 90 degrees 00 minutes 00 seconds, a radius of 46.00 feet, an arc length of 72.26 feet, a chord bearing of North 41 degrees 50 minutes 49 seconds West and a chord distance of 65.05 feet; THENCE, North 03 degrees 09 minutes 11 seconds East, a distance of 36.25 feet to the beginning of a curve to the left; THENCE, along said curve to the left through a central angle of 92 degrees 44 minutes 04 seconds a radius of 20.00 feet an arc length of 32.37 feet a chord bearing of North 43 degrees 12 minutes 51 seconds West and a chord distance of 28.95 feet to the POINT OF BEGINNING and containing 4,799 square feet or 0.1102 acres of land more or less. EASEMENT EXHIBITC1S 811E.PIanoParlcway PART OF 28 ACRE TRACT suite P (C.C.F.NO. D207420504, D.R.T.C.T.) Plano,Texas 75074 LANDON WALKER SURVEY,ABSTRACT NO. 1652 (972)424-7002 Voice CITY OF NORTH RICHLAND HILLS,TEXAS (972)633-1702Fax Date: 12 17 2012 Project No. 1217907 §Mft WWW.SurveyConsultantsInc.Coin SHEET 1 OF 2 *ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 3 Of 6 Page 4 of 6 LEGEND O 75' 150' 1/2' I.R.F.C. 1/2' IRON ROD FOUND WITH PLASTIC CAP STAMPED 'JPH" SCALE: 1"=150' 5/8" I.R.S. 5/8' IRON ROD SET WITH PLASTIC CAP STAMPED "R.P.L.S. 5199' BASIS OF BEARINGS (CM) CONTROLLING MONUMENT EAST LINE OF 13.3136 ACRE TRACT C.C.F. NO. COUNTY CLERK'S FILE NUMBER N 03'09'11"E D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TX. (C.C.F. NO. D212132147, D.R.T.C.T.) I.R.F. IRON ROD FOUND P.R.T.C.T. PLAT RECORDS, TARRANT, COUNTY, TX PG. PAGE NUMBER DIRECTION DISTANCE P.O.B. POINT OF BEGINNING L1 N 48'09'12" E 30.10' P.O.C. POINT OF COMMENCING VOL. VOLUME L2 S 03"09'11" W 36.25' L3 S 86°50'49" E 55.10' FC4 DELTA RADIUS LENGTH CHORD BEARING CHORD L4 S 03"09'11" W 26.00' 63"46'08" 46.00' 51.20' S 28"43'53' E 48.60' L5 N 86'50'49" W 55.10' 90°00'00" 20.00' 31.42' S 41°50'49" E 28.28' L6 N 03-09-11" E 36.25' 90"00'00" 46.00' 72.26' N 41"5O'49" W 65.05' 92°44'04" 20.00' 32.37' N 43"12'51" W 28.95' i 13.3136 ACRES j0 � DOLCE LIVING HOMETOWN, LLC \ QJ•O 40 (C.C.F. NO. D212132147, D.R.T.C.T.) J;:U*I?riO !v \A 5/8- I.R.S. .og'�0'ry1 (CM) \�Cr P.O.B. �Or° FIRE LANE, ACCESS, \V DRAINAGE & WATER EASEMENT f'Rl IN 4,799 SQUARE FEET I I� 0.1102 ACRES �r1 1 O�3 REMAINDER OF \ \ ,09/ C�� —J 28.586 ACRES pc� LS RCC HOMETOWN � APARTMENTS. LTD. f55/8' I.R.S. (C.C.F. D.R..C.T.)20504, I z (CM) 2.0370 ACRES U HOMETOWN p rn 20.5' SANITARY SEWER EASEMENT APARTMENTS, LTD. (VOLUME 9854, PAGE 1841, D.R.T.C.T.) (C.C.F. N0. DTS, LTD. 6, zz IW (VOLUME 9858, PAGE 395, D.R.T.C.T.) I D.R.T.C.T.) �F Ic, c M ____ P.O.I. OI C. TEXAS ELECTRIC SERVICE COMPANY (CM) _ _ (VOLUME 2844, PAGE 281, D.R.T.C.T.) 16.71 ACRES CITY OF NORTH RICHLAND BUS (VOLUME 10980, PAGE 328, D.R.T.C.T.) EASEMENT EXHIBIT 811E.Plano Parkway PART OF 28.586 ACRE TRACT Suite 117 (C.C.F.NO.D207420504,D.R.T.C.T.) .� Plano,Texas 75074 LANDON WALKER SURVEY,ABSTRACT NO. 1652 (972)424-7002 Voice CITY OF NORTH RICHLAND HILLS,TEXAS (972)633-1702 Fax Date: 12 17 2012 Scale: 1'=150' Project No. 1217907 rw".'V"?7 � ° WWW.SurveyConsultantsInc.Com SHEET 2 OF 2 *ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 4 Of 6 Page 5 of 6 EXHIBIT"B" 660. �imi z I hi M, al Lq to. IL Sk rd A'A log lilt;] —mw 4-4 M7-Tvmub "His x NI lit N! ar go I-Al F T *ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 5 Of 6 Page 6of6 MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 PHONE(817)884-1195 CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NRH, TX 76180 Submitter: CITY OF NORTH RICHLAND HILLS PUBLIC WORKS ADMIN DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 8/27/2013 10:03 AM Instrument#: D213226845 E 6 PGS $32.00 By: D213226845 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. *ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 6 Of 6 HOLD HARMLESS AGREEMENT This Hold Harmless Agreement ("Agreement") is entered into by and between the City of North Richland Hills, Texas ("City"), a Texas home-rule City, and Millennium at Hometown, LLC ("Developers"), individually referred to as a "party" and collectively referred to as the "parties." RECITALS On or about August 27, 2013, a fire lane, access, drainage and water easement (the "Easement")was granted to the City, which such easement is filed of record as Instrument No. D213226845 and recorded at the Deed Records of Tarrant County, Texas. By Ordinance No. , approved on , the City Council vacated and abandoned the Easement and determined that the public would be better served and benefited by relinquishing its right to the Easement and releasing and assigning, by quitclaim deed, all title and control in the Easement to Developer, who is the owner of the fee estate on which the Easement is located. The Developer has agreed to release the City from all liability related to the vacating and abandonment of the Easement. AGREEMENT 1. The parties acknowledge and agree that the City has agreed to abandon the Easement for the purpose of allowing Developer to build a structure across the easement, which is no longer needed to provide fire protection, access, drainage or water service as each has been provided elsewhere. 2. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM ANY AND ALL LIABILITY RELATED TO THE ABANDONING OF THE EASEMENT. DEVELOPER FURTHER AGREES TO HOLD THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES OR LOSS OF ANY KIND, FOR ANY REASON, FOR ANY AND ALL ACTIVITIES, WHETHER REAL OR ASSERTED, RESULTING ON THE PROPERTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE ABANDONED EASEMENT. 3. This covenant and condition shall run with the land and be binding on all successors and assigns of the fee estate. Hold Harmless Agreement Page 1 of 4 ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: DEVELOPER: By: By: Mark Hindman, City Manager Name: Date: Title- Date- ATTEST: Alicia Richardson, City Secretary APPROVED TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney [Remainder of page intentionally left blank] Hold Harmless Agreement Page 2 of 4 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Mark Hindman, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed and on behalf of the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 20 NOTARY PUBLIC, STATE OF TEXAS Printed Name: My Commission Expires: Hold Harmless Agreement Page 3 of 4 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared known to me (or satisfactorily proven) to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed and on behalf of the Millenium at Hometown, LLC, for the same purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 20 NOTARY PUBLIC, STATE OF TEXAS Printed Name: My Commission Expires: AFTER RECORDING RETURN TO: Alicia Richardson, City Secretary City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 Hold Harmless Agreement Page 4 of 4 QUITCLAIM DEED STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of North Richland Hills, County of Tarrant, State of Texas, after careful study and consideration, has determined that the easement shown and described in Exhibit A, attached hereto and incorporated herein which was conveyed to the City on or about August 27, 2013 and filed of record as Instrument No. D213226845 of the Tarrant County Deed Records, that the public would be better served and benefitted by vacating and abandoning the existing easement to support future development. Therefore, said easement constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by vacation and abandonment of the easement. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of North Richland Hills ("Grantor"), does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto Millennium at Hometown, LLC., and its successors and assigns, including subsequent mortgagees, or fee simple owners of the property subject to the easement, all of Grantor's right, title, and interest, if any, in and to the following described real property situated in Tarrant County, Texas, to wit: The property shown and described on Exhibit A attached hereto and incorporated herein, such property also being a fire lane, access, drainage and water easement conveyed to the City, an easement filed of record as Instrument No. D213226845 of the Tarrant County Deed Records. Grantor conveys all of its right, title and interest, if any, in and to the above described real property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim of demand any right or title to the aforesaid property. Executed this 13t" day of April, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: By: Alicia Richardson, City Secretary ACKNOWLEDGMENT Before me, the undersigned authority, on this day personally appeared Oscar Trevino, Mayor of the City of North Richland Hills, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 2020. Notary Public in and for the State of Texas My Commission expires: Return to: City Secretary City North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 13, 2020 SUBJECT: Authorize the purchase of auto body repairs for city vehicles and equipment in an amount not to exceed $90,000 with Memos Auto Body Shop using the City of Irving contract 208V-18F. PRESENTER: Mike Curtis, Managing Director SUMMARY: City Council is being requested to authorize the purchase of auto body repairs in an amount not to exceed $90,000 during the FY 2019/2020 through an interlocal cooperative purchasing agreement in place with the City of Irving with Memos Auto Body Shop. GENERAL DESCRIPTION: This fiscal year staff had anticipated expenses for auto body repairs to total to $40,632. Due to an unusually high number of auto body repairs this fiscal year, staff anticipates auto body repairs could total to $90,000 by year-end. The City of Irving currently has an agreement in place to allow for the purchase of auto body repairs with Memo's Auto Body Shop. Staff is proposing to use the City of Irving contract through an interlocal agreement. This is a one-year year contract, with one additional option to renew for two years. Since this is an unusual year with auto body repairs, staff is not requesting approval beyond FY2019/2020. Staff has reviewed prices that the City of Irving has for auto body repairs and believes that the City of Irving contract provides the best pricing for our needs. $40,632 was included in the FY 2019/2020 Adopted Budget for this item. The additional funding needed in the amount of$49,368 is available through savings identified within the Fleet Service Fund budget in vehicle purchases and associated make-ready costs. RECOMMENDATION: Authorize the purchase of auto body repairs for city vehicles and equipment in an amount not to exceed $90,000 with Memos Auto Body Shop through an interlocal agreement with the City of Irving using the City of Irving contract number 208V-18F. McGee617111 Venona From: City of Irving,TX <cityofrvin customer.ionwave.net> Sent: Tuesday, October 17, 2017 10:06 AM : Venona McGee Subject: City of Irving, TX Bid Award Notification:213V-17F Addendum 1 (Auto Body Repairs) Dear Buyer, e following message below has been sent to all awarded suppliers: ----------------------------------------------------------------------- ear Supplier, e following opportunity has been awarded. You were awarded items and can view award information online. Award Notes: The City is pleased to inform you that at the City Council meeting held on October 12, 2017, your company was awarded the annual contract for Auto Body Repairs, ITB #213V-17 . You will receive a copy of the resolution from the City Secretarys Office in the next few weeks. This contract nuns through September 30, 2018, with the option to renew two times with each renewal being for a two-year period of time. e City of Irving operates on a purchase order or purchasing card basis. If utilizing a purchase order, invoice must reference a purchase order number. All purchases must reflect the contract pricing. If you have any questions, do not hesitate to contact Venona McGee at 972.721.3756. Bid Opportunity Information: Bid Number: 213V-17F Addendum 1 Bid Title: Auto Body Repairs Bid Notes: The City of Irving strongly encourages bidders to submit their response to this bid electronically. Please call the individual listed on the bid if you require assistance with this submittal. Electronic bidding will eliminate errors and unnecessary work, and is more friendly to the environment. Your cooperation is greatly appreciated. Issue ate: 8/8/2017 0 :23:17 P (C ) Close Date: 8/22/2017 04:00:00 PM (CT) Bid Contact Information: Venona McGee Purchasing Agent 835 W. Irving Blvd Irving, TX 75060 USA 972 (721) 3756 vicee@cityofirving.org Click Here to View Opportunity Questions about this system can be directed to: City of Irving, TX 1 AGENDA ITEM SUMMARY Meeting: 10/12/2017 DOC ID: 8884 Recommending Department: Building & Equipment Services LSR No: N/A Resolution -- Approving and Accepting the Bid of Memos Auto Body Shop in an Amount Not To Exceed $150,000.00 for Auto Body Repairs Administrative Comments 1. This item is recommended by the Building & Equipment Services Department — Fleet Operations Division, 2. Impact: By making auto body repairs, vehicles that have sustained body damage will bring a higher value at auction when retired. 3. This award establishes a contract for the continuation of providing automotive body repairs for all passenger vehicles and light trucks up to 3000 GVW (Gross Vehicle Weight) rating. This award is for one year with two, two-year renewal options. 4. Funding for Fiscal Year 2017-18 is available in the Garage Fund. .......... Total Amount Fiscal -------------------------------- ............................... -------- ------------------ Vendor Contract Term Not To Exceed YeqE(s�) .................................I---------------1......................................... .............. Memos Auto,Body Shop 10/13117—9/30/18 $150,000.00 2017-18 ..............................................--------- ..................----------- ---------.................... Recommendation The resolution be approved. ADDITIONAL COMMENTS: ............... .................. . ........... Contract Required: No Review Completed By: N/A Previous Action: N/A Council Action: N/A Discretionary Contract Disclosure For Required: No Certificate of Interested Parties (Form 1295) Required: Yes TGC 2270 Verification Form Required: Yes Comments: Purchasing sent solicitations to 206 vendors, 41 of which were MWBE or HUB vendors. Four responses were received. The responsive, responsible bidder who scored the highest points based on established evaluation criteria for this best value bid meets contract specifications. This award is for one year with two, two-year renewal options. Purchasing has assigned ITB #213V-17F for tracking purposes. The grading criteria for the selection was: Past Performance (experience and references) (35%); Pricing (includes hourly labor rate and environmental/shop charges) and Parts Discount (35%); Capacity of Repair Facility to Accommodate Repairs (10%); Pricing to Pick up and Deliver Vehicles (110%); Warranty (110%) CURRENT YEAR FINANCIAL IMPACT: 6603-4072-53201-1040 Budget: $150,000.00 Actual. $150,000.00 Purchase orders will be issued as needed for annual contract. Budget Adjust ment/TransferRequired- No, REVISION INFORMATION: Prepared: 9/18/2017 12:33 PM by Venona McGee Last Updated: 9/27/2017 06:10 PM by Darlene Humphries CITY OF IRVING COUNCIL h.,i -2 17-3 5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1, THAT the City Council hereby approves and accepts the bid of Memos Auto Body Shop in an amount not to exceed $150,000.00 for the period of October 13, 2017, through September 30, 2018, for Auto Body Repairs. SECTION II, THAT fundingfor these expenditures shall come from the Garage Fund. SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered. PASSEDAPPROVED Y THE CITY1 I IRVING, TEXAS, on October 12, 2017. RICHARD H. STOPFER MAYOR ATTEST: ne Jennie s City Secretary APPROVED AS TO FORM: villa o en City Attorney S-2 17-3 1 IRVING MEMO o: Darlene Humphries,Purchasing Manager From: Chris Hooper, Building and Equipment Services Director Date: September 5,21 Subject: Award of Bid ITB M2 -17 Recommendation: Fleet Services Department recommends awarding IT8 I#23V- 7F contract to Memo's Auto Body for automotive body repairs for vehicles and equipment. This contract is for two renewals with each renewal being for a two-year period of time and under the same terms and conditions as awarded or with negotiated lower pricing with a not to exceed amount of10,000 annually. This contract will be used for all vehicle and equipment body repairs for 1.5 ton gross vehicle weight rating under. Funding.- The estimated amount of this award is not to exceed 5 ,000 annually and will be charged to the following account 6601 72- 201- 00. Fleet Services recommends awarding this contract in the estimated amount as follows: . .,r Repairs ... .Vmm 154 1 .. Total Annu m m Vendor Its s 7 I mn 1 - l Est. Ex Memo's Auto o AutoBody{R Yi mm- m -. - ,.. - ......... ...... w-- m Impact Statement:City equipment will continue to be repaired and maintained with minimum downtime, keeping service levels high. Approved by: CPuil in n Equipment Services Director City of Irving, TX (Purchasing) Supplier Response Bid Information Contact Information Ship to Information Bid Creator Venona McGee Purchasing Address 835 W. Irving Blvd Address Agent Email vmcgee@cityofirving.org Irving,TX 75060 Phone 972(721)3756 Contact Venona McGee Contact Fax Purchasing Agent Purchasing Department Bid Number 213V-1 7F Addendum 1 Department Building Title Auto Body Repairs Building Bid Type Best Value Bid Floor/Room Issue Date 818/2017 04:23 PM(CT) Floor/Room Telephone Close Date 8/22/2017 04:00:00 PM(CT) Telephone 972(721) 3756 Fax Fax Email Email vmcgee@cityofirving.org Supplier Information Company Memo's Auto Body Shop Address 2501 E. BELKNAP ST. FT WORTH,TX 76111 Contact Araceli Salas Department Building Floor/Room Telephone (817)834-2444 Fax (817)834-2808 Email memosautobodyshop@att.net Submitted 8/11/2017 05:07:15 PM(CT) Total $152,00 By submitting your response,you certify that you are authorized to represent and bind your company. Signature GUILLERMO LUEVANO Email memosautobodyshop@att.net ............................... .......-—--------- ...................................................................... Supplier otes Bid Notes The City of Irving strongly encourages bidders to submit their response to this bid electronically. Please call the individual listed on the bid if you require assistance with this submittal. Electronic bidding will eliminate errors and unnecessary work, and is more friendly to the environment. Your cooperation is greatly appreciated. Bid Activities Date Name Description 811112017 10 00 00 AM Cut-off for Questions Submit questions electronically via this site No verbal questions will be accepted (CT) Questions of a substantial nature will be addressed in an addendum 213V-1 7F Addendum 1 -Memo's Auto Body Shop® Page 1 of 7 091 GROX/11 4 Bid Messages Nd Attributes Re se reAew the foillowing and reaspoind where necessary # Name Note Response .1 Bid Acceptance t have mad and understand the Standard Terrns and Acknowledged Conditions, General instructions to Bidders, Special instructions to Bidders, lnsurance Requirements, and Specificallons contained herein, and turlhar agree to abide by and accept.said documents 2 Right do Business in Texas INCLUDE IN As req:uired by 2252 903,Government Code, respondent's Acknowiedged YOUR I-RESPONSE THE CONTACT official cenitles and acknowledges that its Texas franchise INFORMATION OF CERTIIFYIING OFFICIIAL'S tax payments are current,,or that it is exempt from,or canal NAME, TtTLE,, PHONE NUMBER AND E-Wii- Subject to,such lax. If cfaiming are exernipflon Or not ADDIRESS subject to Vrandiise tax,an explanation must be provided, 3 Entity Type P ease checic the entity type Oiat applies to your business: individuat or Sole Pro.prietor 4 Payment Terms Normat payment leims are 2%/30 days if offering other 2%1 3M)AYS terms/discount, please specify in the tnIl6owing format: -%n"_days Dscount may be considered in award 5 Payment Preference Mease check appropriate opiion(s) EBB,Check &Credit(,ard 6 MWBE Ciassiiication If you are as rninorfty-owned or wornan-owned business, please check which type and attach prooV of canification to your response. .7 Cooperative Purchases it other governmental enl ties express interest in Yes participating in this contract and you agree to a0ow cooperative use of ii,ds contract 0 awarded,each participating entity wit be responsible for placing its own orders and making its own payrnents Should offier governmental entities request to pwft pate in this contract,wouid you agree that aft terms,conditions, specifications and pricing would apply? 8 References This sofickallon requires references Please attach a list of AckncWedged three references either currently doing business with you for these services or in which you have proOded these services within the past 24 months For each refeveru,,@ 11isl name,contact person address,tetephone,and e-rnal address,and any other pertinent information to help the City of Irving verify the quaiRy of goods or services your fin-n provides Respondent here acknowledges that#he reciciinad reterences have been Inciuded with this submission 9 Contact inf6mration Please enter the narne, e,rna]a nd phone number of the Araceb Saias contact person who wiii be assigned to assist the City of mernosautobodysl,,q.)p@,31t net Irving with this contract Office 817-834-2444 Fax 8 17-834 28,38 Cell 8 17 7934022 213V-17F Addendum 1 -Memo's Auto Body Shop-Page 2 of 7 51 HE I'V101101 0 10 ConAct of interest Quesfionmiire Per Attachment C-1, irmwmkns ft.ur Canthct of Interest Adviawledged Quesfionnaire, respondent shait iruchide Aiiachrnent C-2, Conf]O of interest Questionnaire wdh their bid submNsion in the event that a contlicl ant interest 41 doing business with Whe City or irving exists as defined by Chapler 176, Texas Local Government Code if required,this unny be done e ectronlcaHy by dicking on the'Response AttachrrienW tab and clock rugon'New under"Responc,;e Attachments" Respondent here acknowiedges that a ConNict of interest Questionnaire has been attached to this subrnissicm urfless no canffict exists. 1 f Federal Debarment Cerfirpration "i"he respondent cedifies ffie Wlcawinq Acknowledged 1."i"he respondent andlor any oiff,Is piincipaN are nol. presently deh�,:Wred, suspended, proposed rcw debanneril, or declared inedigible for the award of contracts by any Federai agency. 2.The respondent and/or any of its pHnclpais have not within a tham-year period preced;ing this offer,been conAc#ed of or had a civO judgment rendered against ihern for cornmiWan of fraud or a criminal offense in connection With obtaining,afternpVrig to obtain, or pedormirig a F'ederaQ,state,or focat government contract or subcontract;violation of Federaf or state aniftrust stakiles reialing to the submission cpf proposer%or commission of ernbezzfernerd, theft,forgery, bribery,Wsific,:Iiion or desiruction of records,rnaklng false statements, tax evas ons,or receivunf.d st0en property and are rood prpsenliy indicted for,or otherwise criminally or civilly charged by a Government enliqy with cornm ssion f..V any of ifiese offenses. if the respandenk canncpl ceWy this staternent,attach a written explannfion for review by Ithe City The respondent musl nolify the Purdiaskig Manager mAthin 30 days if debarred by any governmentaf entity c1q.Ering the contract period. 12 Alfidavft for Msurance Requirerne0s Respr.)nden#OW1 include Attachment D-4,Affidavit fear Acknowiedged insurance Require-men1s, with 11neir suhnftsion This may be done Oeclronicafiy by Ocking on the'Response Attachments"lab and chcking on'New under'Response Attachments" :Respondent here acknowledges that a copy of Attachment III.4 has b:een incWfleci with this subnaission 213V-1 7F Addendum 1 -Memo's to Body Shop- Page 3 of 7 13 Memnificatian by Contractor 'The codractor agrees to defend,Mernriffy,and hold Acknowiedged harmless the City or h-ving,its officers, agents, employees, appointees and volunteers against,any and all dalms, lawsuits,judgments, costs and expenses for personat injury(indudiing death),property damage or other harm for which recovery ok davrages is sought,suffered by any person or persons,that may arise out,of or The occasiloned by contractor's breach of any or the terms or provisions of this contract,or by any negHgenl or strictly liable act or omissiiDn of contractor,its olficers, agents, employees,or subcontractors,in the performance or this conkact,except that the indemnity provided for in this paragraph M4r not apply 110 any lialbility resulting frown the sole negHgence or fault of the City,its officers, agents or employees and in the event or joint and concurrent negligence or rauft or contractor and City,responsibility and indemnity, if any, shalt be apportioned comparatively in accordance with the taws or the State of"Texas, without waiving any governmentM immunity availaUe to the City under Texas law and without waiving any defenses of the parties under Texas law.. The provisions of this paragraph are solely ror the benefit of the parties hereto and are not intended to create or grant any rights,conri-actual or o1herwiJ5e to any other person or entity, Contractor further agrees to defend,at its own expense, and on behalf of City and in the iname or City,any claim or litigation brought in connection with any such injury,death, or damage ,The[Wbility that is assumed by Contractor under the terms of this paragraph shall not exceed the suni or the required amount of liability coverage to be carried by the Contractor under this contract, '14 Environmental Stewardship Per the Cilty's expectations as out[ned in Attachment E-11, Recycliingtair quaIrty emissions Envlronmentar Commitment and Compliance,the City of Water energy conservallovil and Irving recognizes the importance or exercising positive otheir environmentally friendly enAronmentat stewardship and is proactive in encouraging practices environmentAry sound practices in our operations and among our residents,businesses,and suppliers, Please indicate any off the roilowing in the space provided which apply to your business operation and risk details I Recycling 2 Energy Pfficiency Practices 3 Environmentally Preferred 4 WatedEnergy Conservation 5 Air QuaRy/Ernissions 6 Disposal Practices 7 Other Environmentally Friendly Practices 15 Good Faith Effod Affidavit Per the information provided in Attachment FI,Good Faith Admowledged Effort Program Overview,the respondent cerVies that they agree to provide the City of Wing with a comp6ted copy 0 all forms required by the Ciky"s Good Faith Effort Program and understands that K they rail to provide all of the required documents within five(5)business days after notification,their bid or pvoposal may be deemed "'coon-responsive"and they may be denied award of the Contract 16 W-9 Form Respondenk sh0 in&de lRS Form W,9 with their bid Acknowledged submission This vnay be done etectronicaHy by chcking on the"Response Attachments"tab avid dickIng on'New under"Response Attachments" Respondent here acknoMedges that a copy of their company's W-9 Form 213V.-17F Addendum 1 - Merno's Auto Body Shop Page 4 of 7 has been VmVti vkn d Mh Vtn'u� �uularn'u�o:opo.:arn. 18 Required Contract m Seuwr>cros ReSI::rxndenut shalt'nm,.Jude Atitt a�pwrweunV p.1_7 Confi aact and Acknowledged Ackr vOedga^ra enl:wiO,t ftieRr m.ubv*ssk.,,n Contract Shalt The s�fined by an officer,cer,dureclor,at au..othoriz d agent op the x:)rnl,a-any,and AcknowloRdgerrnaant page shall t)e no:karized IfRespaaxnde nt d ese acknowNedges ttral these docu.ai°nnents are autVancV ect and understands thM.two o dggnaull we[iv*( signature, nnrVw zed copes ashaI be rpa:pu.uVred if respondent is irrver,ournrnn ended tDr uvaaard 19 Addendum m AckrbowVedgeme nt Vendor hereby a cle nowllei:1ges rw6ew of Addeund"run I. A i:*now ledg sd 213V-17F Addendum 1 -Memo's Auto Body Shop-Page 5 of 7 Line Items ty UOM Description Response 1 1 EA Auto Body Repair Pricing NIA Item Metes: Line items(2-8) SupplierNotes: 2 1 Hour Paint Labor d Per Hour $25.00 Item Notes: Supplier Notes: 3 1 Hour Body Work Labor-Per Hour $20.0 Item Notes: SupplierNotes: Hour Mechanical Labor®Per Hour $82. 0 Item Notes: SupplierNotes: 5 1 Hour Frame 1 Uni o y Labor—Per Flour $26.00 Item otea:Sup lier Notes: 1 Hour Parts-Suggested List less % 1 .0 % Item Notes: Supplier Motes: 7 1 Hour Paint alerialslSu plies®Suggested List less % 1 0% Item Notes: Supplier Notes: 6 1 EA GENERAL QUESTIONNAIRE 6 ItemNotes: Questions 1-14 must be answered. SupplierNotes: 213V-17F Addendum 1 - 's Auto Body Shop- Page 6 of 7 Jl �! /11 �p or Iltq un Attuifaantes .Measea review V.he rclluawving Vrrd respond vwlhere rru?'esu ary # VktgVrrec f+Date Response 1 Specify the number of paint booths at your 2 racil!Ity 2 Speciry the rnaxiauau.snru number of 3 vehicfes/ef.:Vtlpnienl your raclrity can handle at one thine, 3 The City of Irving requires a wwarranly What >s your Foals WWarranly7 What are your (Labor and 1 YEAR ON(PARTS AND LABOR period Ora rnhnirmuurn cr one('I)year from WWou'larananship Warranty? SAME ONE WVORKMANSH- P dale or acceptance rV Explain how a ddective parts handled REMOVE OLD PART AND tinder y n,wwrarranty, REPLACE WITH NEW WC Uf iNG IPA IIw T,1 E a Mease fist the software used for estirmares AURA.EXPLORE avid appraisals. fri Location or Services Work Facririty: 2501 E BELKNAP ST FT WORTH TX 76111 7 Flow Iang has your company been fin this 1� business? f1 Stale how you charge shop charades,If any NO LABOR SHOP FEES NONE (viva a%nor dalfair Geed) 0 Stale how you charge environrrra ntaV charges,it any(give a%or dollar cosl} 10 State any anther fees QExpfain and give a% unt�E or dualiar ccsQ 1'1 Dry you crfer any aansfle services at the city 'Yes,, service centers? 12 If so what are they? IF CITY OF IRVING NEEDS ONSITE SERVICES WE DO PROVIDE ANYTHING THING 'THEY REQUEST FROM US 13 Pitease state hours of operation for the servoi.o: a.rn to„ P rr, or, DOORS OF OPERATION MON facility .,.,.,.,.•...................o.........thnu,.................................m...,,,,,,,,,,M. THRU SATURDAY 9A6M TO 6PM 14 If sea what are they? HOURS OF OPERATION SAME AS LINE#13 Response Total 152 00 213V-17F Addendum 1 ® ern®es Auto Body Shop® Page 7 of 7 101 12, 1/11, Final Distribution Of ResolutionfOrdinance Should Be Made As Follows: ................................... .............................................................................................................................................. ....................—................ ................................... ................. ............... City Departments (Purchasing use only) ............. �tside Entities jFl�-6 r c h.............a n g.................... ....... . ... ...... ............................................... ...A-ra"",c-,"e"li"S"'a"l""a s.......................................................... ..... ......................................................................................... Memo's Auto Body Shop 2501 E. Belknap St. Ft. Worth, TX 76111 Contact Office of City Secretary ForSpecial Handling Of Resolution/Ordinance) .............................................................................................................................,,.................... ........... ...... ................................................. .............. STANDARD CONTRACT AND ACKNOWLEDGMENT CORPORATE ACKNOWLEDGMENT THE STATE OF § COUNTY OF § BEFORE ME,the undersigned authority,a Notary Public in and for said County and Stale,on this day personally appeared: (Print Name) (Print Title) of the corporation known as ", known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the some was the act of said corporation,that he or she was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that she or he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of AD.,2 Notary Public In and For My Commission expires ,...... County, PARTNERSHIP ACKNOWLEDGMENT THESTATE OF.................................................................................... § COUNTY OF,. § BEFORE ME.the undersigned authority,a Notary Public in and for said County and State,on this day appeared: (Print Name) (Print Title) 0 d ,�. ,.„,, .. .m�. ,„�.,t ,,� a partnership, known to me to be the erso n p and partner who s e name is subscribed to the foregoing instrumen and acknowledged to me that the same was the act of the said partnership,and that she or he was duly authorized as a partner of such partnership to perform same for the purpose and consideration therein expressed, and In the capacity therein staled, GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ........day of ,A.D,2....................................... ------- otary Public---and For My Commission expires: county, SINGLE ACKNOWLEDGMENT THE STATE OF a § COUNTY OF 7L2 s r c,,n'i § EEO E„ the undersigned authority„ a Notary Public in and for said County and Slate, on this day personally appeared 2LLk-ilr-Vn%ed a C-Vro known to me to be the person whose name Is subscribed to the foregoing Instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, GIVEN UNDER Y HAND AND SEAL OF OFFICE this the day of A.D.,2 11 r Gq r+ otary Public I and For My Commission expires: ,A 2C1 C County„TQj-tn-,aj- ER0 ESMERUALUEV '_= My COMMISSION EXPIRES e4kw '*2D,2018 rev.4l15/10 yv ACKNOWLEDGMENTSTANDARD CONTRACT AND Attachment -7 STATE OF TEXAS COUNTY OF DALLAS § KNOW ALL PERSONS BY THESE PRESENTS. CITY OF IRVIN to Conditioned upon Vendor being awarded by the Irving City Council, or award being made administratively, the solicited items set out in ITB 213V-17F,and upon order of the City of Irving,Texas®a municipal corporation located in Dallas County, Texas and Incorporated as a home rule city under the Constitution of the State of 'Texas ("City"), Vendor does hereby agree to furnish and/or deliver to City in accordance `th the terms of Vandoes submitted Bid Page and the Specifications in above referenced ITB, the services listed as awarded to bidder in the Irving City Council resolution awarding such services® or listed in the Administrative Awards Execution of said Resolution or Administrative,Award shall evidence ity's acceptance of this contract. It. City agrees to {say Vendor for services at the unit price listed upon the Bid Rage and Specifications or at tho negotiated rate determined by the vendor's proposal and any subsequent modifications agreed to by both vendor and the City,with payment being subject to any discount terms stated or agreed upon,and subject to any payment terms contained elsewhere within the solicitation documents, this contract and its attachments. y purchase of services so that the cumulative total of payments under this contract exceeds the amount authorized in the City Council Resolution awarding bid to Vendor may require additional authorization, III, It Is understood that the following documents,to it: the Notice to Bidders, the Standard Terms and Conditions,the General Instructions to Bidders, the Special Instructions to Bidders,the Specifications,the Bid Page or Proposal,and the Summary Response Page are hereby made a part and parcel of this contract and incorporated herein for all purposes. IV. e date of any payment®whether net or gross®shall be del, iined by calculating the number of days after receipt of invoices from Vendor®or after reasonable verification as to the requirements specified,whichever Is later. V. Venue of any court action brought directly or indirectly by reason of this contract shall be in Dallas County, "texas, This contract is made and is to be performed in Dallas County,`texas. V1. If Vendor falls in any manner to fully perform each and all of the terms,conditions and covenants of this contract, he shall be in default and notice of default shall be given to Vendor by the Purchasing Agent of the City. In the event that Vendor continues in default for a period of seven (7)days after receipt of the above-mentioned notice of default, City may terminate or cancel this contract or at its option may purchase similar services on the open market and recover from Vendor any difference in price thereof. SIGNED this the day of A.C.2 Signature Name Lo y tt� Title Company/`lance I APPROVED and SIGNED this the day of A.D . RICHARD H.STOPFER MAYOR rev,411 I D rg� 0 0 g g p IN 011/101 Form TGC 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CH"TER 2270 By signing below, Company hereby verifies the following: 1. Company does not boycott Israel; and 2. Company will not boy srael Burin the term of the contract. SIG NIED BY: Print Name & Title: &t,i Ucv rn o ...... ......................... ....................... .............................................................................................................................................................................................. ................... Company Name: trrtrDSkEAAD)�� (,, kArj_p Date Signed: 9-: NOTARIZATION THE STATE OF ,t,,<tt ERICA ESMERALDA WEVt.8 se ANO My COMMISSION EXPIRES COUNTY OP-TCLCCC'n-N- "2D,2018 BEFORE ME, the public undersigned notaryon this day personally appeared onbchalfofh�� AJea\n6d (Company),who,being duly sworn, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct. SWORN TO AND SUBSCRIBED before me on the day of fpg,.jp 201-+. NOT Y PUBLIC=NAN�D �� FOR THE STATE The following definitions apply to Texas Government Code Section 2270.001: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company"means a for-profit sole proprietorship,organization,association,corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. State law requires verification from a Company for contracts involving goods or services (regardless of the amount) before the City can enter into the contract. Contract#213V-17F LSR# CERTIFICATE INTERESTED I FORM 1 295 loll Complete Nos,1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 it 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_259173 Memos Autobody and Fiberglass Fort Worth,TX United Stales Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/11/2017 being filed. City of Irving Date Acknowledged: 3 Provide the identification number used by the govetrtntental 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. 213v17t Paint&body repair 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Salas,Araceli Fort Worth,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. EE. RICA E RUA LUEVANO Y COMMISSION EXPIRES 20,M1S Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE ` Swam to and subscribed before me,by the said kO C(M0 LUC)J0r�t this the day of -� 20 l to certify which,witness my hand and seal of office. IA-i L CGY%I-X3 1-e— fJ O Lai Signature of offic ministering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.Ix.us Version V1.0.3337 Xiomara Abad From: Venona McGee <vmcgee@ydtvofnving.org> Sant: Monday, October O8' 2O184:O3PM To: XiomaraAbad Subect: FVV: City of Irving renewal- 2O8V'18F Auto Body Repairs Good Afternoon Xiomara, This is the renewal email that was sent to Memo's Auto Body Shop. Respectfully, VenonaW1cGee Venona McGee, Purchasing Agent City ofIrving | Purchasing Department 835VK Irving Blvd., Irving, TX 75000 P: (Q72)721.3750 From: Laura Herrera Sent:Thursday, September 13, 20183:40PM To: 'memooautobodyohop@attoet' <memooautobodyohop@att.net> Cc:Venona McGee<vmcgee@cityofirving.org>; Debbie Jackson <djackson@cityofirving.org>; Larry Spain <|opain@dtyofirving.org> Subject: City of Irving renewal-208V'18F Auto Body Repairs Good afternoon, | am pleased to inform you that at the City Council meeting held on SeptemmberG, 2018, the City of Irving renewed the annual contract for Auto Body Repairs,for another term with all pricing, terms and conditions remaining the same. The new |TB Number is 208l/'18F.You will be receiving a copy of the signed resolution from the City Secretary's office in the next few weeks for your records. This is the first of two, two-year renewal options, making this contract run through September 30, 2020. The City of Irving operates on m purchase order or purchasing card basis. |f utilizing a purchase order, invoice must reference a purchase order number. All purchases must reflect the contract pricing. If you have any questions, do not hesitate to contact Venona McGee at 972.721.3756. Sincerely, Laura Herrera I Administrative Assistant City ofIrving I Purchasing Division 835VV. Irving Blvd. Irving,TX75060 P: (97Z)7Z1'Z631 F:(972)721'2568 z INTERLOCAL AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND CITY OF IRVING This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as "NRH", and the City of Irving, hereinafter referred to as "City of Irving". Pursuant to the authority granted by the Texas Interlocal Cooperation Act {Article 4413 (32c) Vernon's Annotated Texas Statutes} providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and City of Irving desire to enter into an Agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: 1. NORTH RICHLAND HILLS 1. NRH shall be allowed to purchase goods and services from vendors who have been selected by City of Irving through the competitive bidding process. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. NRH shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. NRH shall give a 30-day written notification to all participating agencies of any change or cancellation of participation. 4. The Purchasing Agent, shall be designated as the official representative to act for NRH all matters relating to this cooperative purchasing agreement. 11. CITY OF IRVING 1. City of Irving shall be allowed to purchase goods and services from vendors who have been selected by NRH through the competitive bidding process of NRH. City of Irving will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. City of Irving shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. City of Irving shall give a 30-day written notification to a participating agency of any change or cancellation of participation. 4. Darlene Rush, Purchasing Agent, shall be designated as the official representative to act for City of Irving in all matters relating to this cooperative purchasing agreement. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RICHLAND HILLS CITY OF IRVING BY: BY: � CityM n ,, ^^ TITLE ,Vt Q.U(91- DATE: OZ '�y'v7 DATE: 151 i7)t VIA ATTEST: ' . ,1� °�'�` y AT T T: 's Jar City Secreta ; TI LE: �U6Fiillaiidl�ill;t.\l�\\\�ti• AP P F APPROVED AS TO FORM: Attorney for the Ci N R H Council Action N Date Approved Agenda No Approved _ I aS 0 ON/Res No. -__- IRVING February 2, 2007 Candy Ray City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76182-0609 Re: Council Resolution No. 1-25-07-036 Approving lnterlocal Agreement Between The City Of Irving And The City Of North Richland Hills To Establish A Cooperative Purchasing Program Dear Ms. Ray: The above referenced resolution was approved by the City Council on January 25, 2007. A copy of the resolution is attached for your information and file. Also enclosed are two original agreements that need to be signed. Once signed, please return one fully executed original agreement to my office. This file will remain in the pending system until the documents are returned. Si cerely, i anice Carroll City Secretary CITY OF IRVING Attachment Copy: David Leininger, Finance & Development Initiatives Director Ed Matthews, Manager of Purchasing City Secretary's Office 825 W. Irving Blvd. 9 Irving, Texas 75060 • 972.721.2493 • 972.721.2384 fax • www.ci.irving.tx.us CITY OF IRVING COUNCIL RESOLUTION NO. 1-25-07- 036 WHEREAS, this agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program with another local government or a local cooperative organization; and WHEREAS, a local government that purchases goods and services pursuant to a cooperative purchasing program with another local government satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services; and WHEREAS, participation in a cooperative purchasing program will be highly beneficial to the taxpayers of North Richland Hills and Irving through the anticipated savings to be realized and is of mutual concern to the contracting parties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I. THAT the City Council hereby approves the attached agreement between the City of Irving and the City of North Richland Hills for participation of the City of North Richland Hills and the City of Irving in various contracts for the purchase of various goods and services, and the Mayor is authorized to execute said agreement. SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, this 25th day of January, A.D. 2007. HERB EARS AT T: ZL Ja i e Carroll, TRMC cP.? SEM1 J Secretary E 4F APP OVED AS TO ORM• / REVIEWED BY: Charles R. Ande on I Ed Matthews, Purchasing Manager Acting City Attorney Finance & Development Initiatives Department CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fi Complete Nos.I-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-605849 MEMOS AUTO BODY AND FIBERGLASS REPAIR FTWORTH,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 04108/2020 being filed. North Richland Hills I 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. 208V-18F Paint&Auto Body Repair Mature of interest 4 Name of interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only it there is NO Interested Party. MV 6 UNSWORN DECLARATION My name is k ew Yn c) L ue-,q o-K o, and my date of birth is My address is 3 A) P4 , U)or T�j (street) (City) (state) (zip code) (country) I declare under penalty of perjury that, the foregoing is true and correct- Executed in County, State Of' / _on the_F,2 day of A ri L 20 Zr-) ,P— (month) (year) Signature of autheked agent of contracting business entity (Declarant) J Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version VI.I.3a6aaf7d "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 13, 2020 SUBJECT: RP 2020-04 Consideration of a request from Texas Surveying Inc. for a replat of Lots 6R1 and 8R, Block 2, Jack M. Estes Jr. Subdivision, being 2.132 acres located at 3700 Rufe Snow Drive and 6721 Boulevard 26. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Rodrigo Dias, Texas Surveying Inc. is requesting approval of a replat of Lots 6R1 and 8R, Block 2, Jack M. Estes Jr. Subdivision. This 2.132-acre property is located at 3700 Rufe Snow Drive and 6721 Boulevard 26. Due to potential revisions to the layout of the subdivision, the applicant is requesting a 30-day extension for consideration of the plat. Section 212.009(b-2) of the Texas Local Government Code allows for the City Council to approve a 30-day extension of the approval period for a plat. A copy of the request is attached. The extension will allow for the plat to be considered at either the April 27 or May 11, 2020, meeting. GENERAL DESCRIPTION: The property is located on the east side of Rufe Snow Drive, just north of the intersection of Boulevard 26. The property also has frontage and a drive approach on Flory Street. A medical office building is located on the western portion of the property, and the eastern portion is vacant. The property was originally platted in 1937, but was split over time without approval of a replat of the property. The replat would make the following revisions to the previous plat. 1. The plat would establish the current overall property boundary and create two lots. 2. Appropriate easements for public utilities, drainage, and access would be added to the plat. 3. A right-of-way reservation strip would be added to Lot 8R to address future dedication requirements for Boulevard 26. The strip would be measured to encompass 65 feet from the centerline of the existing right-of-way. Dedication is not required at this time, but site improvements would not be permitted within the reservation strip area. The plat does not alter or remove any recorded covenants or restrictions, if any, on the property. "K NOKTH KICHLAND HILLS As required by Section 212.015(f) of the Texas Local Government Code (effective September 1, 2019), written notice of this replat will be mailed to each owner of a lot in the Jack M. Estes Jr Subdivision that is within 200 feet of the lots being replatted. The notice is required to be sent no later than 15 days after approval of the plat by City Council. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This designation provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. CURRENT ZONING: The property is currently zoned C-2 Commercial. This district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. ME 22 i i i i ® < Boulevard 26 P6D Major Arterial Suburban Commercial 6-lane divided roadway variable right-of-way width Rufe Snow Drive M41J Minor Arterial Suburban Commercial 4-lane undivided roadway 70-foot right-of-way width Flory Street R21J Local Road Local Road 2-lane undivided roadway 50-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH C-2 Commercial Retail Commercial Electrical contractor office WEST R-3 Single-Family Residential Low Density Residential Single-family residences SOUTH C-2 Commercial Retail Commercial Veterinary clinic/vacant EAST C-2 Commercial Retail Commercial Vacant PLAT STATUS: The property is currently platted as Lot 6R and a portion of Lot 8, Block 2, Jack M. Estes Jr Subdivision. PLANNING AND ZONING COMMISSION: This plat was scheduled for action by the Planning and Zoning Commission at the March 19, 2020, meeting. However, due to the public declaration of emergency related to COVID-19, this meeting was canceled. As a result, the replat is considered approved by the Planning and Zoning Commission as a "K NOKTH KICHLAND HILLS result of inaction of the Commission as required by Section 212.009 of the Texas Local Government Code. DRC REVIEW & RECOMMENDATION: The attached DRC Comments lists a number of corrections and revisions that are required to the plat document, including adjustment of lot boundaries and the addition of easements and a right-of-way reservation strip for Boulevard 26. Because these revisions may substantially alter the buildable area of the property, DRC does not recommend Council approve the plat until DRC comments are addressed and the plat complies with the Subdivision Ordinance. The applicant's 30-day plat extension request should provide enough time to make the necessary corrections. RECOMMENDATION: Approve the applicant's 30-day extension request for RP 2020-04. LL O O O O O 0 0 o /9�'yi1mlll, N ® �I, O G d N`W O I Z' O� AHO-H d� l p�µfil D✓ 0 i�i ppl �ff p f a of JJ MONs 33na a W z z � Oip a O w o o o=� y�a m ° o-° a aaoe =K 3ON318 a LL O O W F / 0 Joi N O o / lair,'�,,,�//1 � u' err» .��r // � II� ��1 ✓%p�/�, ¢j✓ ,,, r k� „ y I o� � a a � w o o a �o / o� a - u a. a 5a L o From: Lisa Dias Sent: Tuesday,April 7, 2020 10:59 AM To: Joshua Anderson; Clayton Husband; Rod Dias Subject: Extension request Pursuant to Section 212.009 of the Texas Local Government Code, Rod (Dias requests a 30- day extension for the consideration of RP 2020-04, a Final Plat for Lots 6R1 and 8R, Block 2, Jack M Estes Jr Subdivision. Thank you! Regards, Lisa Dias CEO N SM P: 817-510-5182 M: 831-869-9336 E: mom Ilil made IIII �"mpfe 1 z 0 V) V) >< o ... ��o co F- g D V) LLJ 2 vi o -E LJJ V) 0 1.- cn 0 uo H2 2E k 9 ex p 't Co z ai�o co Cj Z K s off' V E8 2 t Z uo u H g� -28 3E 2 2 -WH FFF, rCO V S T —ma 10 t o om Z Z ......... I 10 vi qm Q- W 0 NO 1 z lz 10 ol 'z tt rr ac, 0 'o lo 0 lo oo o U0 z o - Ia 0 boo jSZ is O t,z z I op 2—52 if go 22 0 0 E IF. V 0 0 Development Review Committee Comments 1 3/3/2020 NRHReplat Case RP 2020-04 Jack M Estes Subdivision WRITTEN STATEMENT OF CONDITIONS The City of North Richland Hills received this plat on February 19, 2020. The Development Review Committee reviewed this plat on March 3, 2020. The following represents the written statement of the conditions for conditional approval of the plat. 1. The property ownership information indicated on the application form does not match Tarrant Appraisal District (TAD) records. The application form indicates the owner as Rodrigo Dias. TAD records and the plat drawing indicate the current owner of the property as Zarr Management and Development Inc. An application form with the property owner's signature or a letter of authorization from the owner must be submitted. NRH Subdivision Regulations§110-85(Application form and content) 2. Revise the scale of the drawing so that the property image is larger,which will ensure the existing easements on the lots and the revisions required below are legible and measurable. NRHSubdivision Regulations§110-331(Requirements for all plat drawings—scale) 3. Revise the color of all Ilnes and labels to black. NRH Subdivision Regulations§110-331(Requirements for all plat drawings) 4. Add the following note to the plat: No above ground franchise utility appurtenances are allowed in the fronts of the properties.NRH Subdivision Regulations§110-331(Requirements for all plat drawings—plat notes and conditions) 5. Remove the road pavement and site improvement layers and corresponding legend from the d rawi ng. NRH Subdivision Regulations§110-333(Additional requirements for plat drawings) 6. Revise the Planning and Zoning Commission approval block as shown below.NRH Subdivision Regulations §110-333(Additional requirements for plat drawings—planning division approval certification) WHEREAS the Planning and Zoning Commission of the City of North Richland Hills,Texas,voted affirmatively on this day of 20—to recommend approval of this plat by the City Council. Chairman,Planning and Zoning Commission Attest:Secretary, Planning and Zoning Commission 7. Revise the City Council approval block as shown below. NRH Subdivision Regulations§110-333(Additional requirements for plat drawings-city council approval certification) WHEREAS the City Council of the City of North Richland Hills,Texas, voted affirmatively on this day of ,20—to approve this plat for filing of record. Mayor,City of North Richland Hills Attest:City Secretary Page 1 of 3 1 RP 2020-04 8. Change the lot designations to 6R1 (shown Lot 8R-1)and 8R (shown Lot 8R-2)on the drawing,the title block, and other relevant instances. The preferred lot designation does not include dashes. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—lot and block numbering) 9. Revise the Street name State Hwy 26 to Boulevard 26.NRH Subdivision Regulations§110-331(Requirements for all plat drawings—street names) 10. Rufe Snow Drive is classified as a P7U Major Arterial street on the Transportation Plan. A P7U roadway requires an ultimate right-of-way of 130 feet. Verify the existing right-of-way with established corner monuments on the west side of the street. Right-of-way dedication may be required depending on the width of the existing right-of-way. NRHSubdivision Regulations§110-368(Street right-of--way dedication)and§110-412(Generally—rights-of--way) 11. Flory Street is classified as an R21_1 Local Road on the Transportation Plan. An R21_1 roadway requires an ultimate right-of-way of 50 feet. Verify the existing right-of-way with established corner monuments on the east side of the street. Right-of-way dedication may be required depending on the width of the existing right-of-way. NRH Subdivision Regulations§110-368(Street right-of--way dedication)and§110-412(Generally—rights-of--way) 12. In order to address future right-of-way dedication requirements for Boulevard 26, a reservation strip must be added to Lot 8R2 Block 2.The width of the reservation strip should be measured to encompass 65 feet from the centerline of the existing right-of-way of Boulevard 26. Add the strip and IabeI a RESERVED FOR FUTURE RIGHT-OF-WAY. NRH Subdivision Regulations §110-8(Conformance with applicable rules and regulations)and §110-368(Street right-of--way dedication) 13. The zoning for the property requires a front building line of 25 feet adjacent to the Boulevard 26 and Flory Street frontages. Add the building line to the plat. The building line adjacent to Boulevard 26 should be measured from the edge of the right-of-way reservation strip described a bove. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—building setback lines) 14. Add sight visibility easements (15 ft by 70 ft) at the intersection of Boulevard 26 and Flory Street. NRH Zoning Ordinance §118-714(Visibility sight triangles) 15. Add a FIRE LANE,ACCESS,DRAINAGE,AND UTILITY EASEMENT over the existing drive aisle to connect Rufe Snow Drive and Flory Street.The easement should be 24 feet in width.NRH Subdivision Regulations§110- 331(Requirements for all plat drawings—easements) mom, mJ, Pf f 16. Lot 8R2 does not have access to the existing sanitary sewer line. Adjust the lot lines so that the Sewer line is located on Lot 8R2 (See below).NRH subdivision Regulations §110-10(Conflicts with public and private provisions)and§110-361(General infrastructure policy) Page 2 of 3 1 RP 2020-04 III 17. Place the existing sanitary sewer line running north-south along the current lot line in a 15-foot sanitary sewer easement.NRH Subdivision Regulations§110-331(Requirements for all plat drawings—easements) 18. Show and label the approximate city limit line between North Richland Hills and Richland Hills. The city limit line is generally located on the southeast right-of-way line of Boulevard 26. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—city limit lines) 19. Add the following note to the drawing: The city limit boundary does not represent an on-the- ground survey and represents only the approximate relative location of the city limit boundary using various official and unofficial sources. NRH Subdivision Regulations §110-331 (Requirements for all plat drawings—city limit lines) 20. Provide a minimum of two sets of NAD83 State Plane coordinates (GRID, not surface) on the plat perimeter. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—metes and bounds description) DESIGN PRINCIPLES The following comments represent suggested modifications to the plat drawing based on general NRH design principles and standard practices in city planning. While conformance to these principles is not required by the subdivision regulations,the applicant is encouraged to include these modifications as part of the revised plat. 1. Add the City case number near the bottom right corner of the drawings (Case RP 2020-04). 2. Informational comments. a. Approval of a site plan will be required prior to the issuance of building permits for the vacant lot. The site plan process includes review of the site layout, landscaping, building elevations, site lighting, and engineering plans for all public and private improvements. Information about the site plan process and submittal requirements can be found online at this link: sit_e .��Il.i�ir�_ir',��✓ii�^ .i�.��II_ii�aa��:iia:�irk. b. Lot 8R1 will retain the current address of 3700 Rufe Snow Drive. Lot 8R2 will be assigned an address of 6721 Boulevard 26. Page 3 of 3 1 RP 2020-04 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: Public Works DATE: April 13, 2020 SUBJECT: Approve Resolution 2020-021, supporting the Regional Transportation Council of the North Central Texas Council of Government's resolution on the Texas Transportation Commission's proposed updates of the 2020 Unified Transportation Program (R20- 02). PRESENTER: Mike Curtis, Managing Director SUMMARY: The Regional Transportation Council (RTC) has requested that local jurisdictions pass a resolution supporting the RTC's resolution on the Texas Transportation Commission's updates to the 2020 Unified Transportation Program. GENERAL DESCRIPTION: The Texas Transportation Commission (Commission) was briefed on February 27, 2020 over potential updates to the 2020 Unified Transportation Program. The update indicated a $4.34 billion funding gap for the IH 35 Capital Express Central Project. This section of IH 35 runs through Austin and would add two non-tolled managed lanes and one frontage road lane in each direction from US 290E to US 290W/SH 171. In order to address the funding gap on this project, the Commission proposes to allocate funds from different state funding categories. These other funding categories provide funding for roadway improvements in different regions of the state, including the DFW area. The RTC's resolution supports the IH 35 improvements in Austin but suggests a different way of funding the project. The RTC does not support taking money from the DFW area to fund other regions in the state. The Commission is scheduled to take action on the proposed changes to the 2020 UTP at its regular meeting on April 30, 2020. RECOMMENDATION: Approve Resolution No. 2020-021. RESOLUTION NO. 2020-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, SUPPORTINGTHE REGIONAL TRANSPORTATION COUNCIL OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT'S RESOLUTION ON THE TEXAS TRANSPORTATION COMMISSION'S PROPOSED UPDATES OF THE 2020 UNIFIED TRANSPORTATION PROGRAM (R20-02) WHEREAS, The City of North Richland Hills, Texas possesses legal authority to support the Regional Transportation Councils' resolution (R20-02); and, WHEREAS, The Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be the regional forum for cooperative decisions on transportation; and WHEREAS, the RTC is responsible for the approval of transportation projects and policies in the region's long-range transportation plan (Mobility 2045) pursuant to its federal responsibilities under Title 23 of the United States Code, including the IH 35 Capital Express Central Project, which would add two non-tolled managed lanes and one frontage road lane in each direction from US 290E to US 290W/SH 171 (the "Project"); and, WHEREAS, the RTC was made aware of a potential $4.34 billion funding gap in the Project, and the Texas Transportation Commission (the "Commission") has proposed updates to the 2020 Unified Transportation Program (UTP) that would re-allocate and prioritize $3.4 billion in available funds to address the funding gap; and WHEREAS, The Texas Department of Transportation (TxDOT) is accepting public comments on the UTP and will hold a public hearing on the UTD; and WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to support the Regional Transportation Councils' resolution on the Texas Transportation Commission's proposed updates to the 2020 Unified Transportation Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council of North Richland Hills hereby supports the Regional Transportation Council of the North Central Texas Council of Government's Resolution (R20-02) on the Texas Transportation Commission's proposed updates to the 2020 Unified Transportation Program to provide alternative Resolution No. 2020-021 Page 1 of 2 solutions to close the funding gap for the Project. The Resolution is attached hereto as "Exhibit A." SECTION 3. 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 on this 13t" day of April 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Managing Director of Public Works Resolution No. 2020-021 Page 2 of 2 EXHIBI "I ll11lll" RESOLUTION ON THE TEXAS TRANSPORTATION COMMISSION'S PROPOSED UPDATES TO THE 2020 UNIFIED TRANSPORTATION PROGRAM (R20-02) WHEREAS, the North Central Texas Council of Governments(NCTCOG) is designated as the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be the regional forum for cooperative decisions on transportation; and, WHEREAS, the RTC is responsible for the approval of transportation projects and policies in the region's long-range transportation plan (Mobility 2045) pursuant to its federal responsibilities under Title 23 of the United States Code; and, WHEREAS, on February 27, 2020, the Texas Transportation Commission (Commission) was briefed on potential updates to the 2020 Unified Transportation Program (UTP) to address a $4.34 billion funding gap for the IH 35 Capital Express Central Project which would add two non-tolled managed lanes and one frontage road lane in each direction from US 290E to US 290W/SH 171; and, WHEREAS, to address the $4.34 billion funding gap, the Commission proposes to allocate $3.4 billion in Commission Strategic Priority and Texas Clear Lanes funds (Category 12), reprioritize $600 million in existing Texas Department of Transportation (TxDOT) funds allocated to the Capital Area Metropolitan Planning Organization/Austin District; and include an additional $300 million in Category 12 funds in the 2021 UTP; and, WHEREAS, TxDOT will be holding a public meeting on the proposed changes to the 2020 UTP on March 12, 2020, at 4:00 pm at each TxDOT District office and via WebEx; and, WHEREAS, TxDOT's public comment period for the proposed changes to the 2020 UTP will be open from March 13-April 13, 2020; and WHEREAS, TxDOT will be holding a public hearing on the proposed changes to the 2020 UTP on April 7, 2020, at 10:00 am at a location to be determined in Austin; and, WHEREAS, the Commission is scheduled to take action on the proposed changes to the 2020 UTP at its regular meeting on April 30, 2020; and, WHEREAS, the RTC has a long-standing partnership with the Commission and TxDOT on advancing major transportation projects and as such has an interest in providing feedback to the Commission on its proposed changes to the 2020 UTP. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. The RTC supports the Texas Transportation Commission's efforts to advance needed major capital improvements to the IH 35 corridor in the central Austin area as a high-priority project for the State of Texas. The RTC recommends the Commission consider alternate mechanisms to fund the IH 35 Capital Express Central Project that would permit additional high-priority statewide and regional projects to advance in parallel. The RTC supports an alternative plan. The RTC asks the Commission to consider the RTC's proposed alternative. Section 2. The RTC requests the Commission review successful managed lanes projects (IH 635, North Tarrant Express) implemented by TxDOT in the Dallas-Fort Worth region as examples of projects that leveraged scarce public-sector funds to build major transportation projects creating reliable travel times and significant congestion relief. Section 3. The RTC directs staff to provide comments to the Commission during the open comment period, public meetings and public hearings on the proposed revisions to the 2020 UTP in the form of this resolution, the attached presentation (Attachment 1), and video presentation. The RTC's alternative plan is presented in this material. Section 4. The Regional Transportation Council requests the Texas Transportation Commission to extend the deadline for public comments in order to be sensitive to schedule conflicts related to COVID-19. Section 5. This resolution shall be transmitted to the members of the Texas Transportation Commission, the members of the North Texas legislative delegation, metropolitan planning organizations in the State of Texas, private-sector leadership groups, and other interested stakeholders. Section 6. This resolution shall be in effect immediately upon its adoption. Andy Eads, Ch it Regional TransportationCouncil County Judge, Denton County I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for the Dallas-Fort Worth Metropolitan Area on March 12, 2020. 1 Theresa Danie , h.D., Secretary Regional Transportation Council Commissioner, Dallas County ATTACHMENT 1 LL E O L Z Z O p Q L. J a FMa Q a O FEE; W 2 C: Z > i o W - O w ca FM Cl) � o CN 0 QN Cl) � o E W _ L N Z L C: we i 6 a. CU 0 U WL cu . . 0 Z J ._ L Q � H � cl) cl) V N Q � O Lo N M � N O N W >w O cn m x C: cn :3 -3 o Q 0) U N � m CIO � N O 0 2 U z a co CL w Q > co z — Jp a C/) � Q — z o � � z w - X x Ov � Q J L L Co w — z D O 0� � V U o 0 0 0 M z z z z Wo LU a z 00 w — a F- LU DC z to 0 Q Oa a a. Cl) z p� z 0 � Q c �'a - U m F O 0 � O L 0 U }, Q U N L 0 L 0 (u (u O ry .. N I.L Cl) W a W Ln O Z � .. 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O O O O O O O O O O O III„ z z z z z z z z z z z O m JN z — bD C: V) }' O N ++ � p � N N v v or bD 0 a--+ 0 m O 4-J ate+ J O U aN-+ cn U f n O X ih Q) = � m = 2 (D � C�U C� H US US z a co CL w Q > co H N a � � z o Co Co W o J L i ~ z D O ry U o 0 0 0 H 42 42 42 42 F z z z z z w O C� z a J CL z O +� U O O � O L Q � Q U N � L O U O W �' CO 0 J C 0 z w a U W CO w C r` w 0 L z _ U a c w rn (� U U = c m m U 0 a O U w E m r- U U O cn m 00 CD 0 z N CO m O N p In F- o N a O N W N CDZ O N 0 Cs m N O = J a W L L •C •C J U) a a W F- :) IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 3, 2020 SUBJECT: Authorize the City Manager to Execute an Interlocal Agreement with a Consortium of Local Governments for Mutual Access to CloudLibrary Digital Resources for eContent. PRESENTER: Cecilia Barham, Director of Library Services SUMMARY: This item is to authorize the City Manager to execute an Interlocal Agreement with a Consortium of Local Governments for Mutual Access to CloudLibrary Digital Resources for eContent. GENERAL DESCRIPTION: The North Richland Hills Library would like to join the local CloudLibrary eContent consortium, which this Interlocal Agreement will allow the library to expand our patrons' access to eContent, including eBook and eAudiobooks. The Consortium members include: Lewisville, Burleson, Carrollton, Colleyville, Coppell, Euless, Flower Mound, McKinney, Sachse, Southlake, and Little Elm. There is no associated cost for membership. There is a content purchase requirement of $10,000.00 annually on eContent that would be funded through our existing Library Materials budget line (001- 5002-542.64-15). No additional funding is required. The Library will be required to share purchased CloudLibrary content with other consortium members, but content purchased by the North Richland Hills Library will provide our patrons first-access rights. Chapter 791 of the Texas Government Code, Interlocal Cooperation Act, authorizes local governments to contract with each other to provide governmental services to increase the efficiency and effectiveness of local governments to the greatest extent possible. Any Interlocal Agreement entered into under Chapter 791 must be approved by the governing body of each local government. In order to join the Consortium, the City of North Richland Hills must approve and execute the Second Amendment to the Interlocal Agreement. RECOMMENDATION: Authorize the City Manager to execute an Interlocal Agreement with a Consortium of Local Governments for Mutual Access to CloudLibrary Digital Resources for eContent. INTERLOCAL AGREEMENT FOR MUTUAL ACCESS TO CLOUDLIBRARY DIGITAL RESOURCES This Interlocal Agreement("Agreement") is made and entered into by and among the local governments which have executed it ("Parties"). The Parties, acting by and through their authorized officers execute this Agreement pursuant to Texas Government Code, Chapter 791, known as the Interlocal Cooperation Act(the "Act"). WHEREAS, the Parties are local governments engaged in promotion of public health and welfare by providing easy access to the broad range of public library services to their citizens, including Bibliotheca cloudLibrary digital resources; and WHEREAS,the Parties desire to further expand public access to digital content by sharing their respective Cloud Resources, as hereinafter defined, among their respective libraries; and WHEREAS, the Bibliotheca cloudLink service allows libraries using the service to share their Cloud Resources with each other; and WHEREAS, the Act provides authorization for local governments to contract with one another to provide governmental functions and services; and WHEREAS,provision of public library services are governmental functions and services under the terms of the Act; WHEREAS, the governing body of each local government believes that the Agreement is necessary for the benefit of the public and that each parry has the legal authority to provide governmental functions and services that are the subject of the Agreement; and NOW,THEREFORE,upon and for the mutual consideration stated herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE I Definitions Unless the context clearly indicates otherwise, the following words and phrases used in this Agreement shall have the following meaning: "Cloud Resources" shall mean all library content provided by the Parties for upload into the Bibliotheca cloudLibrary for the mutual benefit, access and/or use of the Parties and their Libraries. "Coordinating Committee" shall mean the representatives selected to represent each Parry from the participating Parties in this Agreement. Page 1 ILA for Mutual Access to C1oudLibrary Digital Resources "Library or Libraries" shall mean the library/ies and resources thereof of the Parties. "Local Government" shall have the meaning given in Section 791.003 of the Act, as amended. ARTICLE II Term 2.1 The initial term of this Agreement shall be for a period of ten (10) years beginning on May 31, 2017, unless sooner terminated as provided herein ("Initial Term"). The Initial Term may be extended by written agreement of the Parties for one or more five (5) year renewal terms (each a"Renewal Term");provided that any such renewal occurs not less than 30 days prior to the end of the then current term. ARTICLE III Responsibilities of the Parties 3.1 Access. Each Library shall allow cardholders of the other Libraries to access and check out its Cloud Resources through the Bibliotheca cloudLink service under the terms and conditions of the cardholder's Library, unless otherwise specified in the Agreement. 3.2 Policies and Procedures. The current policies and procedures of each Library shall remain in effect, with no coordination or standardization required, except that the following procedures shall be followed for shared Cloud Resources: a. Cloud Resources may only be placed on hold by cardholders of the Library which owns the Cloud Resource in question. b. Available Cloud Resources may be checked out by any cardholder of a participating Library. c. The circulation period of the Cloud Resources are determined by the circulation policies of the cardholder's Library and may vary among Libraries. d. Each Library shall track the number of items checked out from their respective Libraries and create an annual report by fiscal year of such data for review by the Coordinating Committee. These reports shall be provided to the Coordinating Committee annually by not later than January 1st e. Each Library shall submit an annual report of expenditures on Cloud Resources in the preceding fiscal year as set by that Party to the Coordinating Committee annually by not later than January 1st Page 2 ILA for Mutual Access to C1oudLibrary Digital Resources f. Each Library shall submit an annual report of their overall materials budget if their expenditure on Cloud Resources is less than $10,000 per fiscal year. This report shall be provided to the Coordinating Committee annually by not later than January 1st 3.3 Liaison Designated. By this Agreement,each Party designates its director of library services or equivalent, as listed on each Party's signature page hereto attached, to act on behalf of the Party to ensure the performance of all duties and obligations of the designee's Party as herein stated,to serve as a liaison for the Party with and among the Parties, and, if necessary, to serve on the Coordinating Committee. 3.4 Participation Requirements. Each Library shall spend a minimum of $10,000 or 10% of its overall materials budget,whichever is less, on Cloud Resources during each fiscal year as set by that Party. Compliance with this section will not be required for any fiscal year during which a Party did not participate in this Agreement for the entire fiscal year. Compliance with this and other requirements will be determined by the Coordinating Committee on an annual basis, based on reports required by Article III. 3.5 Addition of Members. Any local government in the state of Texas which has contracted for the use of the Bibliotheca cloudLibrary cloudLink service and agrees to abide by the terms of this Agreement may join this Agreement as a Party upon approval by a majority of all of the members of the Coordinating Committee. If approval is given,the new participating entity shall join the Parties by adopting and executing this Agreement through an action of the Party's governing body. 3.6 Cost. Each Party will bear its own cost of performance under this Agreement. ARTICLE IV The Coordinating Committee 4.1 Coordinating Committee. a. The Coordinating Committee membership shall be the designated liaisons from the following local governments: i. City of Lewisville ii. City of Burleson iii. City of Carrollton iv. City of Colleyville v. City of Coppell vi. City of Euless vii. Town of Flower Mound viii. City of McKinney ix. City of Sachse x. City of Southlake Page 3 ILA for Mutual Access to C1oudLibrary Digital Resources xi. Town of Little Elm b. The Coordinating Committee shall have only the duties specifically outlined in this Agreement. The Coordinating Committee shall have the authority to adopt its own rules of procedure that are consistent with Article III, Section 3.2 and in compliance with terms of this Agreement. c. A simple majority of all members of the Coordinating Committee shall constitute a quorum to perform. A quorum of the Coordinating Committee must participate in any decision made by the Coordinating Committee under this Agreement. d. The Coordinating Committee shall meet at least once every six (6) months. Meetings shall be held in person,by conference call,or by another live remote meeting access service. e. A simple majority vote of all members of the Coordinating Committee shall select a member to receive any reports and send any notices required under this Agreement. This individual's name and contact information shall be provided to all Parties within thirty (30) days of the individual's selection. f. A simple majority vote of the Coordinating Committee members present shall select a member to draft minutes outlining the items discussed and decisions made by the Coordinating Committee at any given meeting. The minutes shall be sent to the Coordinating Committee for approval within thirty (30) days of the meeting, and must be approved by a majority of all members of the Coordinating Committee within thirty (30) days of its distribution. The minutes may be distributed and approval of the minutes provided to the drafter via e-mail. These minutes shall be distributed to all Parties within ten (10) days of their approval. g. The Parties understand and agree that the Coordinating Committee shall not be construed as a board or committee appointed by a governing body and shall not be required to comply with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. ARTICLE V Termination 5.1 This Agreement may be terminated as follows: a. Any Party may choose to terminate its participation in the Agreement with sixty (60) days' written notice to each of the members of the Coordinating Committee at the notice address provided in this Agreement. The termination of a Party's participation in this Agreement shall not affect the Page 4 ILA for Mutual Access to C1oudLibrary Digital Resources continuation of this Agreement in full force and effect with respect to the remaining Parties. b. A Party's participation in the Agreement may be terminated for any reason, including failure to comply with the terms of this Agreement, by an affirmative vote of two-thirds(2/3)of all of the members of the Coordinating Committee to remove the Party. Upon termination under this section, the Coordinating Committee shall provide thirty (30) days' written notice to the Party which has been removed following the Committee's decision. The Coordinating Committee will contact Bibliotheca and notify them of the Party's removal. c. In the event that the Bibliotheca cloudLibrary cloudLink program is no longer available, this Agreement shall automatically terminate. 5.2 Upon termination, each Party will retain its rights, title and interest to all Cloud Resources purchased by the Party during its time as a Party to this Agreement. ARTICLE VI Liability and Immunity 6.1 Liability and Immunity. a. Handling of Claims. The Parties agree, to the extent authorized under the constitution and laws of the State of Texas and without waiving any immunity, right, protection, or defense therein, that each shall be individually responsible for any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by the intentional or negligent act or omission of its respective officials, agents, representatives, and employees in the performance of this Agreement, including but not limited to their acts of negligence or omission in the provision of public library services, including the cloud based services that are the subject to this Agreement. The Parties agree that each shall be liable only for damages, including attorneys' fees and costs,related to or arising out of the intentional or negligent act or omission of their respective officials, agents, representatives, and employees in the performance of this Agreement. b. Joint Liability. In the event of joint or concurrent negligence of the Parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity, right,protection, or defense available to any party individually under Texas law. The provisions of this section are solely for Page 5 ILA for Mutual Access to C1oudLibrary Digital Resources the benefit of the Parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. c. No Waiver of Immunity. It is expressly understood and agreed that in execution of this Agreement, no Parry waives, nor shall be deemed to have waived, immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE VII Miscellaneous 7.1 Assignment. This Agreement may not be assigned by any Party hereto without the prior written unanimous consent of the other parties. No assignment, delegation of duties or subcontract under this Agreement shall be effective without the prior written unanimous consent of all Parties hereto. 7.2 Governing Law. The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action arising as a result of this Agreement shall be in the state court of Denton County, Texas. 7.3 Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid,illegal or unenforceable provisions had never been contained in this Agreement. 7.4 Amendment. This Agreement may be amended by a simple majority vote of all members of the Coordinating Committee. 7.5 Entire Agreement. This Agreement represents the entire Agreement among the Parties with respect to the subject matter covered by this Agreement. 7.6 No Relationship Created. The Parties agree and acknowledge that no Party is an agent of any other Parry under this Agreement and that each Parry is responsible for its own acts, forbearance, negligence, and deeds, and for those of its agents or employees. The purposes for which each Party has entered into this Agreement are separate and distinct. It is not the intent of any of the Parties that a joint enterprise relationship is being entered into and the Parties hereto specifically disclaim such relationship. Page 6 ILA for Mutual Access to C1oudLibrary Digital Resources 7.7 Rights of Third Parties. Nothing contained in this Agreement shall be construed to create, and the Parties do not intend to create, any rights in or for the benefit of third parties. 7.8 Force Majeure. In the event that any party shall be prevented from performing any of its obligations under this Agreement by any act of God, war, right, civil commotion, strikes, fires, flood or by the occurrence of any other event beyond the control of such party, then such parry shall be excused from the performance of the obligations in this Agreement but only during such periods of Force Majeure. 7.9 Current Revenues. All costs or expenses incurred by any Parry as result of this Agreement shall be paid from the current revenues available to the Parry. 7.10 Recitals. The recitals of this Agreement are incorporated herein. 7.11 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 7.12 Notice. All notices pertaining to this Agreement shall be in writing and shall be deemed delivered (i) when received at a Parry's address if hand delivered or sent via overnight delivery service by way of LISPS,UPS, FedEx, or similar carrier, or(ii) on the third(3rd)business day after being deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Parties at the respective notice addresses set forth below or at other addresses as may have been previously specified by written notice delivered in accordance with this Agreement. [SIGNATURE PAGES ATTACHED] Page 7 ILA for Mutual Access to C1oudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTIVY, CITY OF LEWISVILLE, DENTON COUNTY, TEXAS, this / day of 52017. BY: k?CYOk/CITY MANAGER ATTEST: CITY SECRETARY Liaison: Carolyn Booker Director of Library Services Notice to: Lewisville Public Library P.O. Box 299002 Lewisville, Texas 75029-9002 Attention: Carolyn Booker 972.219.3571 AP O AS TO FORM:. C ATT01n Page 8 ILA for Mutual Access to C1oudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTITY, CITY OF BURLESON JOHNSON COUNTY, TEXAS, this �'�� day of 2017. EXECUTED BY: Director of Recreation and Lifelong Learning ATTEST; ° d CITY SECIETA Liaison: Sara Miller Deputy Director Notice to: Burleson Public Library 248 SW Johnson Avenue Burleson, Texas 76028-4296 Attention: Sara Miller 972.426.9203 APPROVED AS TO FORM: CITY ATTORNEY Page 9 ILA for Mutual Access to CloudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTITY, CITY OF CARROLLTON,DALLAS COUNTY,TEXAS,this day of ................................................... 2017. EXECUTED BY: ERI... m ..............t INEHART,CITY MANA GER ATTEST: CITY SECRETARY -�t Liaison: Shawna Eikenberry, Director of Library Services ` 5 Notice to: Josey Ranch Lake Library 1700 Keller Springs Road Carrollton, TX 75006 Attn: Shawna Eikenberry 972.466.3362 APPROVED AS TO FORM: CITY ATTORNEY Page 14 ' ILA for Mutual Access to CloudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTITY, CITY OF COLLEYVILLE,TARRANT COUNTY,TEXAS,this day of ,2017. EXECUTED BY: YO CITY MANAGE A TEST: CITY WCRETA Liaison: Mary Rodne Library and Recreation Director Notice to: Colleyville Public Library 110 Main Street Colleyville, TX 76182-2916 Attention:Mary Rodne 817.673.0159 - APPROVED AS TO FORM: CITY ATTORNEY Page 10 ILA,for Mutual Access to CloudLibrary Digital Resources APPROVED BY THE GOVERNINODY OF PARTICIPATING ENTITY,CITY OF COPPELL, DALLAS COUNTY,TEXAS,this ay of 72017. EXECUTE BY: MAY R4 r'T kN*eE-. AT r ITY SECRETAR Liaison: Victoria A. Chiavetta, Director of Library Services Notice to: Cozby Library and Community Commons 177 N. Heartz Rd. Coppell, TX 75019 Attn: Victoria Chiavetta 972.304.7030 APPRO D S TO F . CITY ATTORNEY Page 9 ILA for Mutual Access to C1oudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PART C11PATING ENTITY, CITY OF EULESS, TARRANT COUNTY,TEXAS,this day of 2017. = Lorett6 Getchell, CITY AGER / ATTEST: Kh�K S&ter, CIT SECRETARY Liaison: Sherry Knight, Library Administrator Notice to: Mary Lib Saleh Euless Public Library 201 North Ector Drive Euless, Texas 76039 Attn: Sherry Knight 817-685-1482 APPROVED AS TO FORM: CITY ATTORNEY Page 14 1 ILA for Mutual Access to CloudLibrary Digital Resources GOVERNINGAPPROVED BY THE I ING ENTITY, TOWN OF F ,tS��'�,�� s � COUNTY,T S,this day of 2017. EXECUTED BY: I MAYOR//CITY MANAGER ATTEST: C1TY SECRETARY Liaison: Sue Rinour Director of Library Services Notice to: Flower Mound Public Library 3030 Broadmoor Lane Flower Mound, TX 75022 Attn: Sue Ridnour 972.874.6151 APPROVEDAS TO FORM: IIT 'TTORNEY a c� „� 1LA for utn .. �.�.�.�.�.---g l cee&s to CloudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PART"I IPA ' 1"G NTITY, CITY OF MC' II`�NEV,COLLIN COUNTY, TEXAS, th��s v �� day of . J'.:�....� �' 2�117. MAYOR CITY{ MANAGER ATTEST: �C"R E"N Liaison: Spencer Smith Director of Libraries Notice to: City of McKinney 101 East Hunt Street McKinney, TX 75069 Attn: Spencer Smith 972-547-7302 API'APPR,0 DAS FORM: w� �mow.........._ crrY ATTORNEY 7 ....m_______ _.... .....____. . ___ ... �"� �1 j ""j �ILA�fcar?'V�uCxwa�l Access to Gtr�u...dtlibr�r Di utat l�es�r��s�res ......_.v PPROVE D BY THE GOVERNING BODY OF PARTICIPATING ENTITY,CITY OF SACHSE, COUNTY,TEXAS,this iDday cal'- 12017. EXECUTED BY: M,4YrbR dTY MANAGER ATTEST: CITY SLCR�'l"/1lZY Liaison: Mignon Morse, Library Manager Notice to: Sachse Public Library 3815 Sachse Road Building C Sachse, TX 75048 Attn: Mignon Morse 972.530.8966 APPROVED AS TO FORM: cjTyjATTqRNty/ f Page 11 1 ILA for Mutual Access to CloudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PARTI IPATING ENTITY, CITY OF SOUTHLAKE,TARRANT COUNTY,TEXAS,this day of Oyi 12017. EXECUTED BY: A L Shana Yelverto C Y MANAGER ATTEST: �� o., Mr F CITY SECRETA Liaison: R+Ks�atin Cynthia A. Pfledderer City Librarian Notice to: Southlake Public Library 1400 Main Street Suite 130 Southlake, TX 76092 Attn: Cynthia Pfledderer 817.748.8246 APPROVED AS TO FORM: (Q.e 6�",.;) 1. - CITY ATTORNEY / C" Page 14 ILA for Mutual Access to CloudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PAR'I"IIPATING ENTITY,TOWN OF LITTLE LM, .. �� COU TY,TEXAS, this&" ay o1 �. r��' 2017. EXECUTED BY: ��t 1111111�� 1 , id Hillock, A t R _ ' O WIV e ATTEST: 0 WN EC lea' .ARY Liaison: Lynette Roberson Library Manager Notice to: Town of Little Elm Public Library 100 West Eldorado Parkway Little Elm, TX 75068 Attn: Lynette Roberson 214.975.0435 APPROVED AS TO FORM: .—. -UF, P"� - TOWN A71-17t R1+1EY ............ _............._... . Page 13 ILA for Mutual Access to CloudLibrary Digital Resources FIRST AMENDED INTERLOCAL AGREEMENT FOR MUTUAL ACCESS TO CLOUDLIBRARY DIGITAL RESOURCES This Interlocal Agreement("Agreement") is made and entered into by and among the local governments which have executed it ("Parties"). The Parties, acting by and through their authorized officers execute this Agreement pursuant to Texas Government Code, Chapter 791, known as the Interlocal Cooperation Act(the "Act"). WHEREAS, the Parties are local governments engaged in promotion of public health and welfare by providing easy access to the broad range of public library services to their citizens, including Bibliotheca cloudLibrary digital resources; and WHEREAS,the Parties desire to further expand public access to digital content by sharing their respective Cloud Resources, as hereinafter defined, among their respective libraries; and WHEREAS, the Bibliotheca cloudLink service allows libraries using the service to share their Cloud Resources with each other; and WHEREAS, the Act provides authorization for local governments to contract with one another to provide governmental functions and services; and WHEREAS,provision of public library services are governmental functions and services under the terms of the Act; WHEREAS, the governing body of each local government believes that the Agreement is necessary for the benefit of the public and that each party has the legal authority to provide governmental functions and services that are the subject of the Agreement; and NOW,THEREFORE,upon and for the mutual consideration stated herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE I Definitions Unless the context clearly indicates otherwise, the following words and phrases used in this Agreement shall have the following meaning: "Cloud Resources" shall mean all library content provided by the Parties for upload into the Bibliotheca cloudLibrary for the mutual benefit, access and/or use of the Parties and their Libraries. "Coordinating Committee" shall mean the representatives selected to represent each Party from the participating Parties in this Agreement. Page 1 ILA for Mutual Access to C1oudLibrary Digital Resources "Library or Libraries" shall mean the library/ies and resources thereof of the Parties. "Local Government" shall have the meaning given in Section 791.003 of the Act, as amended. ARTICLE II Term 2.1 The initial term of this Agreement shall be for a period of ten (10) years beginning on May 31, 2017, unless sooner terminated as provided herein ("Initial Term"). The Initial Term may be extended by written agreement of the Parties for one or more five (5) year renewal terms (each a"Renewal Term");provided that any such renewal occurs not less than 30 days prior to the end of the then current term. ARTICLE III Responsibilities of the Parties 3.1 Access. Each Library shall allow cardholders of the other Libraries to access and check out its Cloud Resources through the Bibliotheca cloudLink service under the terms and conditions of the cardholder's Library, unless otherwise specified in the Agreement. 3.2 Policies and Procedures. The current policies and procedures of each Library shall remain in effect, with no coordination or standardization required, except that the following procedures shall be followed for shared Cloud Resources: a. Cloud Resources may only be placed on hold by cardholders of the Library which owns the Cloud Resource in question. b. Available Cloud Resources may be checked out by any cardholder of a participating Library. c. The circulation period of the Cloud Resources are determined by the circulation policies of the cardholder's Library and may vary among Libraries. d. Each Library shall track the number of items checked out from their respective Libraries and create an annual report by fiscal year of such data for review by the Coordinating Committee. These reports shall be provided to the Coordinating Committee annually by not later than January 1st e. Each Library shall submit an annual report of expenditures on Cloud Resources in the preceding fiscal year as set by that Party to the Coordinating Committee annually by not later than January 1st Page 2 ILA for Mutual Access to C1oudLibrary Digital Resources f. Each Library shall submit an annual report of their overall materials budget if their expenditure on Cloud Resources is less than $10,000 per fiscal year. This report shall be provided to the Coordinating Committee annually by not later than January 1st 3.3 Liaison Designate_ d. By this Agreement,each Party designates its director of library services or equivalent, as listed on each Parry's signature page hereto attached, to act on behalf of the Party to ensure the performance of all duties and obligations of the designee's Party as herein stated,to serve as a liaison for the Party with and among the Parties, and, if necessary, to serve on the Coordinating Committee. 3.4 Participation Requirements. Each Library shall spend a minimum of $10,000 or 10% of its overall materials budget,whichever is less, on Cloud Resources during each fiscal year as set by that Party. Compliance with this section will not be required for any fiscal year during which a Party did not participate in this Agreement for the entire fiscal year. Compliance with this and other requirements will be determined by the Coordinating Committee on an annual basis, based on reports required by Article III. 3.5 Addition of Members. Any local government in the state of Texas which has contracted for the use of the Bibliotheca cloudLibrary cloudLink service and agrees to abide by the terms of this Agreement may join this Agreement as a Party upon approval by a majority of all of the members of the Coordinating Committee. If approval is given,the new participating entity shall join the Parties by adopting and executing this Agreement through an action of the Party's governing body. 3.6 Cost. Each Parry will bear its own cost of performance under this Agreement. ARTICLE IV The Coordinating Committee 4.1 Coordinating Committee. a. The Coordinating Committee membership shall be the designated liaisons from the following local governments: i. City of Lewisville ii. City of Burleson iii. City of Carrollton iv. City of Colleyville v. City of Coppell vi. City of Euless vii. Town of Flower Mound viii. City of McKinney ix. City of Sachse x. City of Southlake Page 3 ILA for Mutual Access to C1oudLibrary Digital Resources xi. Town of Little Elm b. The Coordinating Committee shall have only the duties specifically outlined in this Agreement. The Coordinating Committee shall have the authority to adopt its own rules of procedure that are consistent with Article 111, Section 3.2 and in compliance with terms of this Agreement. c. A simple majority of all members of the Coordinating Committee shall constitute a quorum to perform. A quorum of the Coordinating Committee must participate in any decision made by the Coordinating Committee under this Agreement. d. The Coordinating Committee shall meet at least once every six (6) months. Meetings shall be held in person,by conference call, or by another live remote meeting access service. e. A simple majority vote of all members of the Coordinating Committee shall select a member to receive any reports and send any notices required under this Agreement. This individual's name and contact information shall be provided to all Parties within thirty (30) days of the individual's selection. f. A simple majority vote of the Coordinating Committee members present shall select a member to draft minutes outlining the items discussed and decisions made by the Coordinating Committee at any given meeting. The minutes shall be sent to the Coordinating Committee for approval within thirty (30) days of the meeting, and must be approved by a majority of all members of the Coordinating Committee within thirty (30) days of its distribution. The minutes may be distributed and approval of the minutes provided to the drafter via e-mail. These minutes shall be distributed to all Parties within ten (10) days of their approval. g. The Parties understand and agree that the Coordinating Committee shall not be construed as a board or committee appointed by a governing body and shall not be required to comply with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. ARTICLE V Termination 5.1 This Agreement may be terminated as follows: a. Any Party may choose to terminate its participation in the Agreement with sixty (60) days' written notice to each of the members of the Coordinating Committee at the notice address provided in this Agreement. The termination of a Party's participation in this Agreement shall not affect the Page 4 ILA for Mutual Access to C1oudLibrary Digital Resources continuation of this Agreement in full force and effect with respect to the remaining Parties. b. A Party's participation in the Agreement may be terminated for any reason, including failure to comply with the terms of this Agreement, by an affirmative vote of two-thirds (2/3)of all of the members of the Coordinating Committee to remove the Party. Upon termination under this section, the Coordinating Committee shall provide thirty (30) days' written notice to the Party which has been removed following the Committee's decision. The Coordinating Committee will contact Bibliotheca and notify them of the Party's removal. c. In the event that the Bibliotheca cloudLibrary cloudLink program is no longer available, this Agreement shall automatically terminate. 5.2 Upon termination, each Party will retain its rights, title and interest to all Cloud Resources purchased by the Party during its time as a Party to this Agreement. ARTICLE VI Liability and Immunity 6.1 Liability and Immunity. a. Handling of Claims. The Parties agree, to the extent authorized under the constitution and laws of the State of Texas and without waiving any immunity, right, protection, or defense therein, that each shall be individually responsible for any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by the intentional or negligent act or omission of its respective officials, agents, representatives, and employees in the performance of this Agreement, including but not limited to their acts of negligence or omission in the provision of public library services, including the cloud based services that are the subject to this Agreement. The Parties agree that each shall be liable only for damages, including attorneys' fees and costs,related to or arising out of the intentional or negligent act or omission of their respective officials, agents, representatives, and employees in the performance of this Agreement. b. Joint Liability. In the event of joint or concurrent negligence of the Parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity, right,protection, or defense available to any party individually under Texas law. The provisions of this section are solely for Page 5 ILA for Mutual Access to C1oudLibrary Digital Resources the benefit of the Parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. c. No Waiver of Immunity. It is expressly understood and agreed that in execution of this Agreement, no Party waives, nor shall be deemed to have waived, immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE VII Miscellaneous 7.1 Assignment. This Agreement may not be assigned by any Party hereto without the prior written unanimous consent of the other parties. No assignment, delegation of duties or subcontract under this Agreement shall be effective without the prior written unanimous consent of all Parties hereto. 7.2 Governing Law. The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action arising as a result of this Agreement shall be in the state court of Denton County, Texas, except when state law requires otherwise. 7.3 Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained in this Agreement. 7.4 Amendment. This Agreement may be amended by a simple majority vote of all members of the Coordinating Committee. 7.5 Entire Agreement. This Agreement represents the entire Agreement among the Parties with respect to the subject matter covered by this Agreement. 7.6 No Relationship Created. The Parties agree and acknowledge that no Parry is an agent of any other Parry under this Agreement and that each Parry is responsible for its own acts, forbearance, negligence, and deeds, and for those of its agents or employees. The purposes for which each Party has entered into this Agreement are separate and distinct. It is not the intent of any of the Parties that a joint enterprise relationship is being entered into and the Parties hereto specifically disclaim such relationship. Page 6 ILA for Mutual Access to C1oudLibrary Digital Resources 7.7 Rights of Third Parties. Nothing contained in this Agreement shall be construed to create, and the Parties do not intend to create, any rights in or for the benefit of third parties. 7.8 Force Majeure. In the event that any party shall be prevented from performing any of its obligations under this Agreement by any act of God, war, right, civil commotion, strikes, fires, flood or by the occurrence of any other event beyond the control of such party, then such party shall be excused from the performance of the obligations in this Agreement but only during such periods of Force Majeure. 7.9 Current Revenues. All costs or expenses incurred by any Party as result of this Agreement shall be paid from the current revenues available to the Party. 7.10 Recitals. The recitals of this Agreement are incorporated herein. 7.11 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 7.12 Notice. All notices pertaining to this Agreement shall be in writing and shall be deemed delivered (i) when received at a Party's address if hand delivered or sent via overnight delivery service by way of LISPS,UPS, FedEx, or similar carrier, or(ii)on the third(3rd)business day after being deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Parties at the respective notice addresses set forth below or at other addresses as may have been previously specified by written notice delivered in accordance with this Agreement. [SIGNATURE PAGES ATTACHED] Page 7 ILA for Mutual Access to C1oudLibrary Digital Resources SECOND AMENDED INTERLOCAL AGREEMENT FOR MUTUAL ACCESS TO CLOUDLIBRARY DIGITAL RESOURCES This Interlocal Agreement("Agreement") is made and entered into by and among the local governments which have executed it ("Parties"). The Parties, acting by and through their authorized officers execute this Agreement pursuant to Texas Government Code, Chapter 791, known as the Interlocal Cooperation Act(the "Act"). WHEREAS, the Parties are local governments engaged in promotion of public health and welfare by providing easy access to the broad range of public library services to their citizens, including Bibliotheca cloudLibrary digital resources; and WHEREAS,the Parties desire to further expand public access to digital content by sharing their respective Cloud Resources, as hereinafter defined, among their respective libraries; and WHEREAS, the Bibliotheca cloudLink service allows libraries using the service to share their Cloud Resources with each other; and WHEREAS, the Act provides authorization for local governments to contract with one another to provide governmental functions and services; and WHEREAS,provision of public library services are governmental functions and services under the terms of the Act; WHEREAS, the governing body of each local government believes that the Agreement is necessary for the benefit of the public and that each party has the legal authority to provide governmental functions and services that are the subject of the Agreement; and NOW,THEREFORE,upon and for the mutual consideration stated herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE I Definitions Unless the context clearly indicates otherwise, the following words and phrases used in this Agreement shall have the following meaning: "Cloud Resources" shall mean all library content provided by the Parties for upload into the Bibliotheca cloudLibrary for the mutual benefit, access and/or use of the Parties and their Libraries. "Coordinating Committee" shall mean the representatives selected to represent each Party from the participating Parties in this Agreement. Page 1 ILA for Mutual Access to C1oudLibrary Digital Resources "Library or Libraries" shall mean the library/ies and resources thereof of the Parties. "Local Government" shall have the meaning given in Section 791.003 of the Act, as amended. ARTICLE II Term 2.1 The initial term of this Agreement shall be for a period of ten (10) years beginning on May 31, 2017, unless sooner terminated as provided herein ("Initial Term"). The Initial Term may be extended by written agreement of the Parties for one or more five (5) year renewal terms (each a"Renewal Term");provided that any such renewal occurs not less than 30 days prior to the end of the then current term. ARTICLE III Responsibilities of the Parties 3.1 Access. Each Library shall allow cardholders of the other Libraries to access and check out its Cloud Resources through the Bibliotheca cloudLink service under the terms and conditions of the cardholder's Library, unless otherwise specified in the Agreement. 3.2 Policies and Procedures. The current policies and procedures of each Library shall remain in effect, with no coordination or standardization required, except that the following procedures shall be followed for shared Cloud Resources: a. Cloud Resources may only be placed on hold by cardholders of the Library which owns the Cloud Resource in question. b. Available Cloud Resources may be checked out by any cardholder of a participating Library. c. The circulation period of the Cloud Resources are determined by the circulation policies of the cardholder's Library and may vary among Libraries. d. Each Library shall track the number of items checked out from their respective Libraries and create an annual report by fiscal year of such data for review by the Coordinating Committee. These reports shall be provided to the Coordinating Committee annually by not later than January 1st e. Each Library shall submit an annual report of expenditures on Cloud Resources in the preceding fiscal year as set by that Party to the Coordinating Committee annually by not later than January 1st Page 2 ILA for Mutual Access to C1oudLibrary Digital Resources f. Each Library shall submit an annual report of their overall materials budget if their expenditure on Cloud Resources is less than $10,000 per fiscal year. This report shall be provided to the Coordinating Committee annually by not later than January 1st 3.3 Liaison Designate_ d. By this Agreement,each Party designates its director of library services or equivalent, as listed on each Parry's signature page hereto attached, to act on behalf of the Party to ensure the performance of all duties and obligations of the designee's Party as herein stated,to serve as a liaison for the Party with and among the Parties, and, if necessary, to serve on the Coordinating Committee. 3.4 Participation Requirements. Each Library shall spend a minimum of $10,000 or 10% of its overall materials budget,whichever is less, on Cloud Resources during each fiscal year as set by that Party. Compliance with this section will not be required for any fiscal year during which a Party did not participate in this Agreement for the entire fiscal year. Compliance with this and other requirements will be determined by the Coordinating Committee on an annual basis, based on reports required by Article III. 3.5 Addition of Members. Any local government in the state of Texas which has contracted for the use of the Bibliotheca cloudLibrary cloudLink service and agrees to abide by the terms of this Agreement may join this Agreement as a Party upon approval by a majority of all of the members of the Coordinating Committee. If approval is given,the new participating entity shall join the Parties by adopting and executing this Agreement through an action of the Party's governing body. 3.6 Cost. Each Parry will bear its own cost of performance under this Agreement. ARTICLE IV The Coordinating Committee 4.1 Coordinating Committee. a. The Coordinating Committee membership shall be the designated liaisons from the following local governments: i. City of Lewisville ii. City of Burleson iii. City of Carrollton iv. City of Colleyville v. City of Coppell vi. City of Euless vii. Town of Flower Mound viii. City of McKinney ix. City of Sachse x. City of Southlake Page 3 ILA for Mutual Access to C1oudLibrary Digital Resources xi. Town of Little Elm xii. Bexar County b. The Coordinating Committee shall have only the duties specifically outlined in this Agreement. The Coordinating Committee shall have the authority to adopt its own rules of procedure that are consistent with Article 111, Section 3.2 and in compliance with terms of this Agreement. c. A simple majority of all members of the Coordinating Committee shall constitute a quorum to perform. A quorum of the Coordinating Committee must participate in any decision made by the Coordinating Committee under this Agreement. d. The Coordinating Committee shall meet at least once every six (6) months. Meetings shall be held in person,by conference call, or by another live remote meeting access service. e. A simple majority vote of all members of the Coordinating Committee shall select a member to receive any reports and send any notices required under this Agreement. This individual's name and contact information shall be provided to all Parties within thirty (30) days of the individual's selection. f. A simple majority vote of the Coordinating Committee members present shall select a member to draft minutes outlining the items discussed and decisions made by the Coordinating Committee at any given meeting. The minutes shall be sent to the Coordinating Committee for approval within thirty (30) days of the meeting, and must be approved by a majority of all members of the Coordinating Committee within thirty (30) days of its distribution. The minutes may be distributed and approval of the minutes provided to the drafter via e-mail. These minutes shall be distributed to all Parties within ten (10) days of their approval. g. The Parties understand and agree that the Coordinating Committee shall not be construed as a board or committee appointed by a governing body and shall not be required to comply with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. ARTICLE V Termination 5.1 This Agreement may be terminated as follows: a. Any Party may choose to terminate its participation in the Agreement with sixty (60) days' written notice to each of the members of the Coordinating Committee at the notice address provided in this Agreement. The Page 4 ILA for Mutual Access to C1oudLibrary Digital Resources termination of a Party's participation in this Agreement shall not affect the continuation of this Agreement in full force and effect with respect to the remaining Parties. b. A Party's participation in the Agreement may be terminated for any reason, including failure to comply with the terms of this Agreement, by an affirmative vote of two-thirds (2/3)of all of the members of the Coordinating Committee to remove the Party. Upon termination under this section, the Coordinating Committee shall provide thirty (30) days' written notice to the Party which has been removed following the Committee's decision. The Coordinating Committee will contact Bibliotheca and notify them of the Party's removal. c. In the event that the Bibliotheca cloudLibrary cloudLink program is no longer available, this Agreement shall automatically terminate. 5.2 Upon termination, each Party will retain its rights, title and interest to all Cloud Resources purchased by the Party during its time as a Party to this Agreement. ARTICLE VI Liability and Immunity 6.1 Liability and Immunity. a. Handling of Claims. The Parties agree, to the extent authorized under the constitution and laws of the State of Texas and without waiving any immunity, right, protection, or defense therein, that each shall be individually responsible for any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by the intentional or negligent act or omission of its respective officials, agents, representatives, and employees in the performance of this Agreement, including but not limited to their acts of negligence or omission in the provision of public library services, including the cloud based services that are the subject to this Agreement. The Parties agree that each shall be liable only for damages, including attorneys' fees and costs,related to or arising out of the intentional or negligent act or omission of their respective officials, agents, representatives, and employees in the performance of this Agreement. b. Joint Liability. In the event of joint or concurrent negligence of the Parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity, right,protection, or defense available to any party Page 5 ILA for Mutual Access to C1oudLibrary Digital Resources individually under Texas law. The provisions of this section are solely for the benefit of the Parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. c. No Waiver of Immunity. It is expressly understood and agreed that in execution of this Agreement, no Party waives, nor shall be deemed to have waived, immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE VII Miscellaneous 7.1 Assignment. This Agreement may not be assigned by any Party hereto without the prior written unanimous consent of the other parties. No assignment, delegation of duties or subcontract under this Agreement shall be effective without the prior written unanimous consent of all Parties hereto. 7.2 Governing Law. The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action arising as a result of this Agreement shall be in the state court of Denton County, Texas, except when state law requires otherwise. 7.3 Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained in this Agreement. 7.4 Amendment. This Agreement may be amended by a simple majority vote of all members of the Coordinating Committee. 7.5 Entire Agreement. This Agreement represents the entire Agreement among the Parties with respect to the subject matter covered by this Agreement. 7.6 No Relationship Created. The Parties agree and acknowledge that no Parry is an agent of any other Parry under this Agreement and that each Parry is responsible for its own acts, forbearance, negligence, and deeds, and for those of its agents or employees. The purposes for which each Party has entered into this Agreement are separate and distinct. It is not the intent of any of the Parties that a joint enterprise relationship is being entered into and the Parties hereto specifically disclaim such relationship. Page 6 ILA for Mutual Access to C1oudLibrary Digital Resources 7.7 Rights of Third Parties. Nothing contained in this Agreement shall be construed to create, and the Parties do not intend to create, any rights in or for the benefit of third parties. 7.8 Force Majeure. In the event that any party shall be prevented from performing any of its obligations under this Agreement by any act of God, war, right, civil commotion, strikes, fires, flood or by the occurrence of any other event beyond the control of such party, then such party shall be excused from the performance of the obligations in this Agreement but only during such periods of Force Majeure. 7.9 Current Revenues. All costs or expenses incurred by any Party as result of this Agreement shall be paid from the current revenues available to the Party. 7.10 Recitals. The recitals of this Agreement are incorporated herein. 7.11 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 7.12 Notice. All notices pertaining to this Agreement shall be in writing and shall be deemed delivered (i) when received at a Party's address if hand delivered or sent via overnight delivery service by way of LISPS,UPS, FedEx, or similar carrier, or(ii)on the third(3rd)business day after being deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Parties at the respective notice addresses set forth below or at other addresses as may have been previously specified by written notice delivered in accordance with this Agreement. [SIGNATURE PAGES ATTACHED] Page 7 ILA for Mutual Access to C1oudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTITY, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, this day of , 2020. EXECUTED BY: MAYOR/CITY MANAGER ATTEST: CITY SECRETARY Liaison: Cecilia Barham Director of Library Services Notice to: City of North Richland Hills 4301 City Point Drive North Richland Hills, TX 76180 Attn: Cecilia Barham 817-427-6813 APPROVED AS TO FORM: CITY ATTORNEY Page 8 ILA for Mutual Access to C1oudLibrary Digital Resources "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 13, 2020 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events and recognizes an employee who exemplifies our core values. Announcements: While city offices and facilities remain closed to the public during this time, we remind residents that you can still access city services by phone, email and online. We also continue to provide public safety services without interruption. You can find the latest information on the city's website. In the midst of this public health emergency, one thing that has not been canceled is the 2020 Census. An accurate count will ensure North Richland Hills gets its fair share of federal funding for healthcare, schools, job training, emergency services and more during the next 10 years. It also helps Texas receive accurate representation in the U.S. House of Representatives. If you have not already completed the census, please do so today at my202Ocensus.gov or by phone at 1-844-330-2020. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Christy Daniel in the Building Inspection & Permit Office — A business owner emailed thanks for the assistance Christy provided him with getting a permit. He said his office staff normally takes care of the permitting, but he sent them home during the pandemic. It was a learning process for him to do it himself. He wrote: "When things like this happen I think it helps us to appreciate those around us and be thankful for the things we have taken for granted. Thank you for your patience and help with this. Our thoughts and prayers are with you and your office. Y'all stay safe!"