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CC 2020-07-27 Agendas
k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, JULY 27, 2020 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, the North Richland Hills City Council will conduct its regular meeting via video conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There will be no public access to the City Hall location described above, unless otherwise noted. Video conference link: https://bit.ly/ OKt 8b Password: NRHCC0727 If you are not able to join the video conference there are two (2) options to address the City Council: (1) Complete a comment card and email it to publiccomments@nrhtx.com. Comment cards must be received no later than 7:00 p.m. (2) If you would like to speak to the City Council, but do not wish to submit a comment card by email, you may call (817) 427-6312 between 6:00 p.m. and 7:00 p.m. to register to speak. RULES FOR SPEAKING AT CITY COUNCIL MEETING AND COMMENT CARD CAN BE FOUND ONLINE AT www.nrhtx.com//l 106/speaking-at- -councii-meeting Monday, July 27, 2020 City Council Agenda Page 1 of 5 The live steaming video of the meeting is available at the City's website (nrhtx.legistar.com or nrhtx.com/video) and cable channels — Charter Cable Channel 190 and AT&T U-Verse Channel 99. WORK SESSION: 6:00 PM CALL TO ORDER 1. Discuss items on requiar City Council meetinq. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties o public emplo�eees - (1} City Secretary and ( } Municipal Judge REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER BENTON A.2 PLEDGE - COUNCIL MEMBER BENTON A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Monday, July 27, 2020 City Council Agenda Page 2 of 5 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 gprove minutes of the regular July 13, 2a2a City Council meetinq. B.2 Approve the purchase of technology consultinq services for network configuration enhancements and security from Johnston Technical ereri�e , Inc. (JTS� utilizing u� oar Cooperative Purchasing Contract No. 57 -19 in the combined amount o 37 1 a for Fiscal Year a19®2a2a. B.3 P,gprove Fiscal Year 019®2020 purchases for hardware, software licenses, and professional services from Rackley Services, LLC. for a total amount not to exceed $65,750 utilizing The Interlocal Purchasing System (TIPS) Cooperative Contract No. 13a a401 . C. PUBLIC HEARINGS C.1 Public hearing and discussion on updating Impact Fees for Water and Wastewater and amending Impact Fee equlations, pursuant to Chapter 395 of the Local Government Code. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS Monday, July 27, 2020 City Council Agenda Page 3 of 5 E-1 Consider Ordinance No. 3656, amending Section 110of the Code of Ordinances to correct a service unit equivalent in the gfty:, fee schedule. E-2 Consider Ordinance No. 3659,_ abandoning a_portion of a water line, easement in the Sunn brook School Addition and authorize execution of a quitclaim deed and release agreement with BISID. E-3 Consider a__pL(Lfessional services agreement for engineering design services with in an amount not to exceed $377,840.60 for the Glenview Drive East Project (ST2006). F. GENERAL ITEMS F-1 Consider Resolution No. 2020z029, approering and authorizing publication of Notice of Intention to Issue Certificates of Obligation in an amount not to exceed 2 075 000. F-2 Approve Resolution No. 2020-030, designating the Director of Finance as the primary and Dir ctor of Buqgg�t & Research as the secondary the officer or employee responsible for the calculation of the No-New-Revenue tax rate, other duties and obligations necg�i to effect submission of the tax rate to the City Council of the City of North Richland Hills in accordance with Chapter 6 of the Texas Tax Code. F-3 Consider Resolution No. 2020-021'—d[irecting the e�ignate officer to calculate the Voter-Approval tax rate for th orth Richland Hills in accordance with Texas Tax Code 26.04 (q-1). FA Setting the date for the public hearinq� for the fit 's FY 2019/2020 Revised Budqet, the Park and Recreation Facilities Development Corporation' FY 2019/2020 Revised Budgg�the Crime Control and Prevention District's FY 2019/2020 Revised Budget., F.5 Settinq the date for the public hearing for the Cit 's FY 2020/2021 Proposed Budget, the Park and Recreation Facilities eelopment Corporation' FY 2020/2021 Proposed Budget, and the Crime Control and Prevention District's FY 2020/20aj_Proposed u get. F-6 Consider Ordinance No. 3668, appointinq the Presidinq Judqe and Substitute Judge of the Municipal Court of Record. Monday, July 27, 2020 City Council Agenda Page 4 of 5 F.7 Consider Resolution No. 2020-03 , appointing members to Place 6 on various boards commissions and committees. 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 COMPTON 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, July 24, 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, July 27, 2020 City Council Agenda Page 5 of 5 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. k4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Approve minutes of the July 13, 2020 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve the minutes of the July 13, 2020 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE J U LY 13, 2020 WORK SESSION Mayor Trevino stated in accordance with the Texas Governor's March 13, 2020 Disaster Declaration and subsequent suspension of certain Texas Open Meetings Act Provisions, this July 13, 2020 meeting of the North Richland Hills City Council is hereby called to order at 6.00 p.m. Mayor Trevino stated that tonight's meeting will be conducted using Webex video conference in order to observe physical distancing to mitigate the spread of COVID-19. Mayor Trevino conducted a roll call of City Council members to confirm the presence of a quorum. Present via video conference: Oscar Trevino, Mayor Scott Turnage, Mayor Pro Tem, Place 6 Tito Rodriguez, Deputy Mayor Pro Tem, Place 1 Rita Wright Oujesky, Place 2 Suzy Compton, Place 3 Mason Orr, Associate Mayor Pro Tem, Place 4 Mike Benton, Place 5 Absent: Tim Welch, Place 7 Staff present via video conference: Mark Hindman, City Manager Paulette Hartman, Deputy City Manager Karen Bostic, Assistant City Manager Alicia Richardson, City Secretary Maleshia B. McGinnis, City Attorney Jimmy Perdue, Director of Public Safety Robert Myers, Director of Budget and Research CALL TO ORDER Mayor Trevino called the meeting to order at 6.07 p.m. July 13, 2020 City Council Meeting Minutes Page 1 of 9 1. DISCUSS ITEMS ON REGULAR CITY COUNCIL MEETING. City Council had no questions for staff. 2. FISCAL YEAR 2020-21 BUDGET WORK SESSION City Manager Mark Hindman informed City Council the budget presentations over specific funds were provided to City Council in their packet and the Powerpoint presentations were provided on Friday. Staff is available to respond to questions. City Council had no questions for staff. EXECUTIVE SESSION 1. SECTION 551.071: CONSULTATION WITH CITY ATTORNEY REGARDING LITIGATION - (1) CINDY MARTINEZ V. CITY OF NORTH RICHLAND HILLS, ET AL, CASE NO. 4:19-CV-00343-0, FIFTH CIRCUIT COURT OF APPEALS; (2) CCI-RICHLAND HILLS I, LP VS CITY OF NORTH RICHLAND HILLS, CASE NO. 4:19-CV-00924-0, US DISTRICT COURT, NORTHERN DISTRICT OF TEXAS, FORT WORTH DIVISION; (3) CHARLENE PAULSON VS CITY OF NORTH RICHLAND HILLS, CASE NO. 2020-003670-1, COUNTY COURT AT LAW #1, TARRANT COUNTY AND (4) CITY OF NORTH RICHLAND HILLS V LAFONDA DIXON, ET AL CASE NO. 352-31 3751-1 9, 352ND DISTRICT COURT, TARRANT COUNTY 2. SECTION 551.074: PERSONNEL MATTERS TO DELIBERATE THE EMPLOYMENT, EVALUATION, AND DUTIES OF PUBLIC EMPLOYEES - CITY SECRETARY Mayor Trevino announced at 6.18 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, Section 551.071: Consultation with City Attorney regarding litigation - (1) Cindy Martinez v. City of North Richland Hills, et al, Case No. 4:19-cv-00343-0, Fifth Circuit Court of Appeals; (2) CCI-Richland Hills I, LP vs City of North Richland Hills, Case No. 4:19-cv-00924-0, US District Court, Northern District of Texas, Fort Worth Division., (3) Charlene Paulson vs City of North Richland Hills, Case No. 2020-003670-1 , County Court at Law #1, Tarrant County and (4) City of North Richland Hills v Lafonda Dixon, et al Case No. 352-313751-19, 352nd District Court, Tarrant CountyExecutive Session and Section 551.074: Personnel Matters to Deliberate the Employment, Evaluation, and Duties of Public Employees - City Secretary. Executive Session began at 6.22 p.m. and concluded at 7.00 p.m. Mayor Trevino announced at 7.00 p.m. that City Council would convene to the regular July 13, 2020 City Council Meeting Minutes Page 2 of 9 City Council meeting. REGULAR MEETING A. CALL TO ORDER In accordance with Governor Abbott's March 13, 2020 disaster declaration and subsequent suspension of certain Texas Open Meetings Act provisions, this July 13, 2020 meeting of the North Richland Hills City Council is hereby called to order at 7.09 p.m. using Webex video conference. Mayor Trevino conducted a roll call of City Council members to confirm the presence of a quorum. Present via video conference: Oscar Trevino, Mayor Scott Turnage, Mayor Pro Tem, Place 6 Tito Rodriguez, Deputy Mayor Pro Tem, Place 1 Rita Wright Oujesky, Place 2 Suzy Compton, Place 3 Mason Orr, Associate Mayor Pro Tem, Place 4 Mike Benton, Place 5 Absent: Tim Welch, Place 7 Staff present via video conference: Mark Hindman, City Manager Alicia Richardson, City Secretary Maleshia B. McGinnis, City Attorney A.1 INVOCATION Associate Mayor Pro Tem Orr gave the invocation. A.2 PLEDGE Associate Mayor Pro Tem Orr 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. July 13, 2020 City Council Meeting Minutes Page 3 of 9 A.4 CITIZENS PRESENTATION Mr. Paul Dillon, 6705 Hadley Drive, North Richland Hills, a resident of the Richfield Subdivision thanked City Council and public safety personnel for their service. He mentioned that he opposes the sunrise movement to de fund the police department. Mr. Brandon Pitzer with False Idol Brewing, located 7924 Maplewood Avenue, North Richland Hills, requested the City Council review and update the City's food truck ordinance. Currently, the ordinance only allows food trucks twice a year with a special use permit. A.5 PUBLIC COMMENTS There were no requests to speak from the public. 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 ASSOCIATE MAYOR PRO TEM ORR, SECONDED BY DEPUTY MAYOR PRO TEM RODRIGUEZ TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE REGULAR JUNE 22, 2020 CITY COUNCIL MEETING. B.2 RP 2020-09 CONSIDERATION OF A REQUEST FROM REALSEARCH OF TEXAS LLC FOR A REPLAT OF LOT 6R, BLOCK 1, GLENWYCK VILLAS ADDITION, BEING 0.341 ACRES LOCATED AT 3921 LOCHRIDGE COURT. B.3 AUTHORIZE THE TRADE-IN OF CITY-OWNED PISTOLS TOWARDS THE PURCHASE OF NEW DUTY PISTOLS AND RELATED EQUIPMENT FROM GT DISTRIBUTORS, INC., WITH A PROJECTED COST OF $128,769 USING A BUYBOARD COOPERATIVE PURCHASING AGREEMENT. B.4 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH COMPLETE SUPPLY, INC. FOR CUSTODIAL SUPPLIES AND EQUIPMENT USING A BUYBOARD COOPERATIVE PURCHASING AGREEMENT, FOR AN ANNUAL AMOUNT NOT TO EXCEED $136,410. July 13, 2020 City Council Meeting Minutes Page 4 of 9 C. PUBLIC HEARINGS CA SDP 2020-01, ORDINANCE NO. 3658, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JACKSON WALKER LLP FOR A REVISED SPECIAL DEVELOPMENT PLAN FOR SPANOS IRON HORSE IN THE 6300-6400 BLOCKS OF IRON HORSE BOULEVARD, BEING 9.08 ACRES DESCRIBED AS TRACTS 2A1C1, 2K1, 2L, 2L1, AND 3A2, TELITHA AKERS SURVEY, ABSTRACT119, AND TRACT 1B3J1A, EDMUND KING SURVEY, ABSTRACT 892. (POSTPONED FROM THE JUNE 8, 2020, CITY COUNCIL MEETING) APPROVED Mayor Trevino announced the public hearing for Ordinance No. 3658 was opened at the June 8, 2020 City Council meeting and continued to the meeting tonight. Mayor Trevino called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a revised special development plan for 9.08 acres located in the 6300-6400 Block of Iron Horse Boulevard. The property is located on the north side of Iron Horse Boulevard immediately adjacent to the Iron Horse TEXRail station platform and commuter parking lot. The applicant proposes to modify requirements for structured parking. The area is designated on the Comprehensive Land Use Plan as urban village and the property is currently zoned transit oriented development. Mr. Comstock provided site photos of the property. Applicant representative William Dahlstrom, 2323 Ross Avenue, Suite 600, Dallas, informed City Council the request before them this evening is to modify the parking structure requirement for all residential parking spaces (from 50% to 19%) and the build-to-zone requirement (from 0-20 feet to 0-25 feet) along Iron Horse Boulevard. The proposal includes a five four-story building with 291 multifamily units, flex commercial space (24 of the multifamily units), a clubhouse and retail. The request to modify the parking structure requirement is due to the shallowness of the lots. Mr. Dahlstrom stated the previously approved special development agreement allowed for streetscaping elements to be located within access easements. The proposed special development plan removes that allowance and the streetscape elements will be placed in the public right-of-way. Their second request seeks approval of the build-to-zone distance of zero to 25 feet in order to accommodate the curvature of Iron Horse Boulevard and various easements. Mr. Comstock informed City Council the request is the fourth special development plan since 2015. The City Council approved prior requests in 2015, 2017 and 2018. The last approval for the property was February 26, 2018. Mr. Comstock provided City Council with a comparison of the 2020 and 2017 and 2018 plans. The request reduces the July 13, 2020 City Council Meeting Minutes Page 5 of 9 number of units from 437 to 291 . The dwelling units per acre decreased from 47.7 to 31.73. The dedicated commercial area and flex commercial area will remain the same at 11,000 square feet and 28,000 square feet, respectively. The total public open space has decreased from 1.711 acres (18.7%) to 0.825 acre (9%). The applicant proposes to modify the structured parking requirements. The Iron Horse transit oriented development core subzone requires 80% of all required parking spaces be located in a parking structure. The current 2018 special development plan reduced the standard to 50%. The proposal before City Council this evening is to reduce the requirement to 19%. Mr. Comstock stated that a special development plan within a transit oriented development district should meet the goals and intent of a transit oriented development, provide an alternative master plan approach, appropriate transitions, provide public benefits and not hinder future opportunities. The Planning and Zoning Commission, at their May 21 , 2020 meeting, recommended approval with a vote of 6-0. Mayor Trevino asked Assistant City Secretary Traci Henderson 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 on the video conference wishing to speak for or against the item to raise their hand. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY DEPUTY MAYOR PRO TEM RODRIGUEZ TO APPROVE ORDINANCE NO. 3658. MOTION TO APPROVE CARRIED 6-0. C.2 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE NO. 3657 APPROVING AN AMENDMENT TO THE FY 2019-2020 ADOPTED BUDGET. APPROVED Director of Budget Robert Myers informed City Council the purpose for this item is to conduct a public hearing on the proposed amendment to the Fiscal Year 2019-2020 Adopted Capital Budget. If approved, the amendment will add $380,000 for professional service costs for the Glenview Drive East project. Funding for the project is proposed to come from unissued proceeds for the 2003 General Obligation Bonds. Following the public hearing, staff recommends City Council approve Ordinance No. 3657. Mayor Trevino asked Assistant City Secretary Traci Henderson 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 on the video conference wishing to speak for or against the item to raise their hand. There being no one wishing to speak, Mayor Trevino closed the public hearing. July 13, 2020 City Council Meeting Minutes Page 6 of 9 A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY MAYOR PRO TEM TURNAGE TO APPROVE ORDINANCE NO. 3657, AMENDING THE FY 2019-2020 ADOPTED BUDGET. MOTION TO APPROVE CARRIED 6-0. 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 CONSIDER REIMBURSEMENT RESOLUTION NO. 2020-028 FOR A FISCAL YEAR 2019/2020 CAPITAL IMPROVEMENT PROGRAM AMENDMENT FOR STREET IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $3,860,000. APPROVED Director of Finance Mark Mills informed City Council this is a companion item to Ordinance No. 3657 (C.2). The purpose of the reimbursement resolution allows the City to pay itself back for expenses--professional services related to Glenview East Project- -incurred prior to the receipt of bond proceeds. A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM ORR, SECONDED BY DEPUTY MAYOR PRO TEM RODRIGUEZ TO APPROVE REIMBURSEMENT RESOLUTION NO. 2020-028 FOR A FISCAL YEAR 2019/2020 CAPITAL IMPROVEMENT PROGRAM AMENDMENT FOR STREET IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED$3,860,000. MOTION TO APPROVE CARRIED 6-0. F.2 AUTHORIZE THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 WITH FLEETWOOD SERVICES LLC IN THE AMOUNT OF $168,172.50 TO THE IRON HORSE GOLF COURSE IMPROVEMENTS CONTRACT. APPROVED Senior Park Planner Joe Pack informed City Council the change order provides for an additional 2.5 acres of sod for Sections A and C, additional drainage improvements and over 3,100 square feet of additional concrete for golf cart parking bypass areas. The July 13, 2020 City Council Meeting Minutes Page 7 of 9 change order also includes an encumbrance in the amount of $74,600 for an owner's contingency. If approved, the total project amount for services provided by Fleetwood Services, Inc. is $2,777,444.05. A MOTION WAS MADE BY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER COMPTON TO AUTHORIZE THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 WITH FLEETWOOD SERVICES LLC IN THE AMOUNT OF $168,172.50 TO THE IRON HORSE GOLF COURSE IMPROVEMENTS CONTRACT. MOTION TO APPROVE CARRIED 6-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced there was no action necessary as the result of discussion in Executive Session pursuant to Section 551.071 : Consultation with City Attorney. The City Council postponed discussion of Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of the City Secretary to the July 27, 2020 meeting. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Deputy Mayor Pro Tern Rodriguez made the following announcements. Summertime is here and so are the mosquitoes. Make sure you are protected by using insect repellent whenever you spend time outdoors and by eliminating standing water where mosquitoes breed around your home. You can find a backyard checklist of eliminating mosquitoes on the city's website. The Mayor's Summer Reading Club continues through August 1, 2020 at the North Richland Hills Library. Readers of all ages can earn prizes by keeping track of how much they read. The Library is also hosting free online events throughout the summer. Visit the Library's website for a schedule and registration information. Kudos Korner - David Nichols, Wayne Estep, John Bitner and Cory Bain in Public Works - An 83-year-old resident called in to express thanks for the caring and thoughtful crew that helped him. He had fallen in his front yard while checking his mail and David, Wayne, John and Cory stopped working to ensure he was okay. They helped him to his feet and made sure he made it back inside his home. He stated that he was proud to have employees like these men working for his city. July 13, 2020 City Council Meeting Minutes Page 8 of 9 I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8.33 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary July 13, 2020 City Council Meeting Minutes Page 9 of 9 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 13, 2020 SUBJECT: Approve the purchase of technology consulting services for network configuration enhancements and security from Johnston Technical Services, Inc. (JTS) utilizing BuyBoard Cooperative Purchasing Contract No. 579-19 in the combined amount of $87,120 for Fiscal Year 2019-2020. PRESENTER: Bob Weakley, Assistant Director-Information Technology SUMMARY: The Information Technology Department utilizes outside consultants for expertise and best practices methodologies to enhance the performance and security of the City's computer network infrastructure. The proposed purchase would allow staff to work with the consultants to test and implement changes to the network to achieve optimal performance and protection. GENERAL DESCRIPTION: To date and within the current fiscal year, the Information Technology Department has spent a total of $49,720 with JTS. With this additional purchase amount of $37,400, the combined amount of spend during this fiscal year will be $87,120, thus requiring City Council approval. The local government code states purchases made through a cooperative purchasing agreement will satisfy any state law requiring the City to solicit competitive bids. Purchases made utilizing a BuyBoard contract have been competitively procured, to meet all requirements with state procurement laws. Funding for this contract is included in the FY 2019-2020 Adopted Budget within the Public Safety Technology Project (IT1702). RECOMMENDATION: Approve the purchase of technology consulting services for network configuration enhancements and security from Johnston Technical Services, Inc. (JTS) utilizing BuyBoard Cooperative Purchasing Contract No. 579-19 in the combined amount of $87,120 for Fiscal Year 2019-2020. 6/17/2019 Index _ ,,�„ i �,"t'tt . Log I el Vendor Contract Information Searches: Vendor Name: Johnston Technical Services,Inc.(JTS) Search by Vendor Address: 5310 S.Cockrell Hill Road Browse Contracts Dallas,TX 75236 Phone Number: (972)620-1435 Extension: 125 Search: Email: kyle.fuller@jts.net Website: hfp://www.jts.net �1 All Federal ID: 75-2621300 Vendor Discounts Only Contact: Kyle Fuller e Catalog Pricing Only Accepts RFQs: Yes Minority Owned: No Refine Your Search: Women Owned: No Vendors Service-Disabled Veteran Owned: No None Selected EDGAR Forms Received: Yes Price Range Show all prices No Israel Boycott Certificate: Yes Category No Excluded Foreign Terrorist Orgs: Yes None Selected Contract Name: Technology Equipment,Products,Services and Software Contract Contract#: 579-19 None selected Effective Date: 01/01/2019 Expiration Date: 12/31/2021 Payment Terms: Net 30 days Delivery Days: 60 Shipping Terms: Pre-paid and added to invoice Additional Resources Freight Terms: FOB Destination Ship Via: Common Carrier Region Served: All Texas Regions States Served: All States Quote Reference Number: 579-19 Return Policy: Warranty Contract Documents EDGAR Notice: Click to view EDGAR Notice Proposal Documents: Click to view BuyBoard Proposal Documents Regulatory Notice: Click to view Bonding Regulatory Notice Proposal Files: Click to view Vendor Proposal Files Documents Contact us 800.695.2919 file:///L:/FPO's/BuyBoard 579-19 Cover Page Johnson Technical Services.html 1/1 Pard' Cooperative Parchasing .Box 400 Austin, TX 78757-9400 800,695,2919 / 512,467,0222 / Fax.:800,211,5454 huyhoard.com October 24, 2018 Welcome to BuyBoard! Re:Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Technology Equipment, Products, Services and Software, Proposal No. 579-19 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard@ contract based on the above-referenced Proposal. The contract is effective 1/1/2019 through 12/31/2019, 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. 579-19 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: 1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards 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 email to info@buyboard.com 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. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. 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 Cooperative Procurement Staff at 800-695-2919. Sincerely, mw. Arturo Salinas Department Director, Cooperative Procurement v.6.5 I The d orat Ca(11/e'f ft 11al h&?""/fPp C(IC1pero�Ae7s e�adoJS d by Mo lPX15 As�scxm.11ot7 ofS(,/Poo 61coOs .J A hex s P4�'errrc�lr J cf a to r n Asrrr���li�rr erf CnErrrPi s afy)the �x�,�A��svct��trer�aaP r lrua�t�er�arr?raPrt�inr,. n'a• aJ le ear.,i,!( g,i!rba E171.1orseG'by rM/l` nt...1l,now 'C IrIY.Y.11 �� m������������������m ummiiuoiouuuuuuu:u:oitmi� il�lf�luuuiuuuuu�l!IP!!E �����lil��illl�lll�llllli����tillll� ll�2l(l��l�lllllllh�l IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�I�IIIIIII�IIIIIIIIIIII���I�������������������������IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�II�I��� II�I�I�I�I�I�II�I�I �I �I �I �I ��I�I�I�I�I�II����IIIIIIIIIIIIII��������������I�IIIIIIIIIIIIIIIIIIIIIIIIIII�IIII�I�IIIIIIIIIIIIIII�II�II�I�I�I November 13, 2018 Welcome to BuyBoard! Re: Notice of Nation/Purchasing Cooperative Piggy-Back Award Proposal Name and Number: Technology Equipment, Products, Services, and Software, Proposal No. 579-19 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 1/1/2019 through 12/31/2019, with two possible one-year renewals. The National Cooperative membership list is available at our website www.b jyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 PO. Box 400,Austin, Texas 78767-0400 8017.695.2919•btlyboard----- %7Board kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: Technology Equipment, Products, Proposal Due Date/Opening Date and Time: Services and Software May 17, 2018 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 579-19 12007 Research Blvd. Austin,TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time Period: January 1, 2019 through October 2018 December 31, 2020 with two (2) possible one-year renewals. JTS 5/04/2018 Name of Proposing Company Date 5310 S. Cockrell Hill Road 0 J f Street Address Sig nah re Auth ized Company Official Dallas, TX 75236 Kim Sheffler City, State, Zip Printed Name of Authorized Company Official 972-620-1435 x.133 President Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 972-247-5023 752621300 Fax Number of Authorized Company Official Federal ID Number Page 8 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn The proposing company("you"or"your') hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items (collectively"Requirements'); 2. By your response ("Proposal') 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; 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 and accepted by the Cooperative), 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 or nonprofit 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 as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form 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 S. 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. Page 9 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn VENDOR CONTACT INFORMATION JTS Company: Vendor Contact Name and Mailing Address for Notices: Kyle Fuller Company Website: WWW.JTS.NET 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-mail 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: ® I will use the INTERNET to receive purchase orders. E-mail Address: kyle.fuller@jts.net Internet Contact: Kyle Fuller Phone: 972-620-1435 x.125 Alternate E-mail Address: sales@jts.net Alternate Internet Contact: John Thompson Phone: 972-620-1435 x.138 ❑ I will receive purchase orders via FAX. Fax Number: Fax Contact: Phone: ❑ Purchase orders may be received by any Designated Dealer identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes("RFQ"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: rfq@jts.net Alternate E-mail Address: kyle.fuller@jts.net Page 10 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn Invoices: Your company will be billed monthly for the service fee due 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: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: ® Service fee invoices and related communications should be provided directly to my company at: Mailing address: 5310 S. Cockrell Hill Road Department: Accounting Dallas TX 75236 City: State: Zip Code: Contact Name: Kim Sheffler Phone: 972-620-1435 x.133 Fax: 972-247-5023 E-mail Address: accounting@jts.net Alternative E-mail Address: kim.sheffler@jts.net ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent": Mailing address: Department: City: State: Zip Code: Contact Name: Phone: Fax: E-mail Address: Alternative E-mail Address: ❑ In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealer(s) receiving the purchase order(s) to which the invoiced service fees relate at the address and contact information designated on my company's Dealer Designation form as provided to the Cooperative administrator." **If Vendor authorizes a billing agent or Designated Dealer(s) to receive and process service fee invoices, In accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including,but not limited to,payment of allservice fees under any Contract awarded Vendor. Page 11 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn 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 or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check W)one of the following: ❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) ® My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. JTS Company Name Kim Sheffler Signatu a ofAdh_o(izred 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 for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. 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. JTS Company Name Kim Sheffler Signatu of hor z d Company Official Printed Name Page 12 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable 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 contractor whose ultimate parent company 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(i/)one of the following_ ® I certify that my company is a Resident Proposer. ❑ 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): Company Name Address 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? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or % 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(i/)one of the following_ ❑ Yes ❑ No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. JTS Company Name Kim Sheffler Signature f AgthorizerdTcompany Official Printed Name Page 13 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, a Texas governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEx. Gov'T CODE Ch. 2270) "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. TEx. Gov'T CODE§808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. JTS Company Name Kim Sheffler Signatu a of ed tho i Company Official Printed Name NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization —specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. JTS Company Name Kim Sheffler Signatu a o_Wtholfiled Company Official Printed Name Page 14 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (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 N) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 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: [XI 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. JTS Company Name Kim Sheffler Pi e e I '_�u J9 Sig atur f AAPiorized Company Official Page 15 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and 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, available at buyboard.com/Vendor/Resources.aSDX, 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. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, 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 member's purchase order for construction-related goods or services, whichever comes first. JTS Company Name Kim Sheffler Signat re of uth ri ed Company Official Printed Name 5/04/2018 Date Page 16 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal 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 or an attachment to this form. 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 must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check(1/) one of the following_ ® NO; Deviations ❑ YeS; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: IT Common Carrier ❑ Company Truck ❑ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: ® Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: 5 to 60 ARO (depends on product line) 4. Vendor Reference/Quote Number: N/A 5. State your return policy: JTS warrants its workmanship for a period of one calendar year. All equipment warranties and return policies are pass-through from their respective OEMs. 6. Are electronic payments acceptable? ®Yes ❑ No 7. Are credit card payments acceptable? ®Yes ❑ No JTS Com n e JJ�' Kim Sheffler Signs ure ut o ized Company Official Printed Name Page 17 of 65 Proposal Forms COMM/SVCS v.01.12.2018 06 Cambium Netwarks" Hardware Warranty Cambium's standard hardware warranty is for one (1)year from date of shipment from Cambium Networks or a Cambium distributor. Cambium Networks warrants that hardware will conform to the relevant published specifications and will be free from material defects in material and workmanship under normal use and service. Cambium shall within this time, at its own option, either repair or replace the defective product within thirty(30) days of receipt of the defective product. Repaired or replaced product will be subject to the original warranty period but not less than thirty (30) days. To register PMP and PTP products or activate warranties, visit the support website. rn:::::: .... .. .. . .q.!1:::.:. i.n Ira ii_.a irmi it e t ii.-..k...S cq irmi�" it in!.,.y. For warranty assistance, contact the reseller or distributor.The removal of the tamper-evident seal will void the warranty. Caution Using non-Cambium parts for repair could damage the equipment or void warranty. Contact Cambium for service and repair instructions. Portions of Cambium equipment may be damaged from exposure to electrostatic discharge. Use precautions to prevent damage. Cambium Networks • 3800 Golf Road, Suite 360 • Rolling Meadows, IL 60008 www.cambiumnetworks.com II�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�III Ceragon Warranty and Advanced Replacement Services Standard Warranty Ceragon's Standard Warranty is as follows: Ceragon warrants to Customer that the Equipment delivered hereunder shall be free of defects in material and workmanship for a period of twelve (12) months from the date of delivery to Customer (the "Warranty Period"). Under the warranty, Ceragon shall, at its sole option and expense, repair or replace any Equipment found to be defective during the Warranty Period, provided that Customer notifies Ceragon within thirty (30) days of discovery of such defect. Such defective Equipments shall be returned to Ceragon's premises at Customer's expense. Return of the repaired or replacement Equipments to Customer's original destination shall be at the expense of the Ceragon, unless Ceragon determines that the Equipments is not defective within the terms of the warranty, in which event Customer shall pay Ceragon the costs of handling, transportation and labor at Ceragon's then prevailing rates. Customer shall comply with Ceragon's return material authorization ("RMA") procedures for all warranty service requests pursuant to this Section. LIMITATION ON WARRANTIES The warranty does not apply to normal wear items or to items normally consumed in operation, such as lamps and fuses. The warranty also does not apply to any Equipments that: (a) has had the serial number, model number or any other identification markings removed or rendered illegible; (b) have been damaged by improper operation, maintenance, misuse, accident, neglect, failure to continually provide a suitable operating environment (including necessary ventilation, electricity, protection from power surges, cooling and/or humidity), or from any other cause beyond Ceragon's reasonable control, including force majeure, and without Ceragon's fault or omission or negligence or the fault or negligence or omission of Ceragon's employees, agents or other representatives; (c) have been used in contravention of the instructions supplied by Ceragon; (d) have been subject to the opening of any sealed components without Ceragon's prior written approval; (e) have had changes made by Customer or Customer's agents to the physical, mechanical, electrical, Software or interconnection components of the Equipments supplied by Ceragon without written authorization of Ceragon to do so; or (f) have been repaired or otherwise altered by anyone not under the control of, or not having the written authorization of Ceragon to do such repair or alteration. Customer Support Ceragon Inc. II�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�III The Software is provided "as is" and without warranty of any kind. Ceragon does not warrant that the Software will be error free or uninterrupted in its use or operation. THE WARRANTIES PROVIDED IN THIS SECTION CONSTITUTE CERAGON'S SOLE AND EXCLUSIVE LIABILITY FOR DEFECTIVE OR NONCONFORMING EQUIPMENT, SOFTWARE AND SERVICES AND SHALL CONSTITUTE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE OR NONCONFORMING EQUIPMENT, SOFTWARE AND SERVICES. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Extended Warranty Ceragon offers an extention of its standard one year warranty (see above) up to a total of 5-years. Pricing for years 2-5 is a percentage of the purchase price of the equipment, payable at the time of order. Please contact your Ceragon Sales or Technical Support representative for pricing of this service. 24 Hour Emergency Advanced Replacement Service Ceragon offers "spare-in-the-air" support service. This service entitles the customer to have an advanced replacement sent from Ceragon's New jersey support facility by the next business day. Ceragon will use reasonable efforts to ship the same business day. The standard RMA procedure (see separate document) should be followed, except that the emergency hotline (1-800-636- 1052) must be utilized in order to expedite the process. This service is a "like- for-like" service, meaning that a spare from Ceragon's new or reconditioned stock (at Ceragon's discretion) will be sent prior to Ceragon receiving the defective unit back. If the defective unit is not received within 30 days of the request, an invoice will be sent for the replacement unit at the contract price with the customer, or Ceragon's then current List Price (if no purchasing contract is in place). This service is priced as a percentage of the purchase price of the equipment, payable at the start of each year that the service is requested. The extended warranty is required for this service for years 2-5. Please contact your Ceragon Sales or Technical Support representative for pricing of this service. Customer Support Ceragon Inc. cielo' Standard Terms & Conditions of Sale- 042012 NETWORKS 1) Definitions: Herein, Cielo Networks Inc., is"Cielo Networks" and "Customer" is the party purchasing "Goods" and/or"Services" from Cielo Networks. Goods and Services include all hardware, software and services of whatever type that Cielo Networks agrees to supply directly or through third parties. Cielo Networks and Customer are each a"Party" or both "Parties" to this agreement. 2) Entire Agreement: No other terms &conditions, whether contained in Customer's Purchase Order or otherwise, including any oral agreements, shall be binding on Cielo Networks other than those listed herein, unless expressly agreed in writing. Any provision of these Terms &Conditions prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating other provisions hereof. 3) Quotations & Terms and Conditions of Supply: All written quotations issued by Cielo Networks are valid for a period of 30 days from date of issue unless expressly agreed otherwise by Cielo Networks in writing. No contract of sale will exist between the Parties unless and until Cielo Networks accepts an order, no Goods will be supplied on any terms other than the contract terms set out herein except as expressly agreed otherwise by Cielo Networks in writing, and by sending an order to Cielo Networks, Customer shall be deemed to be in agreement with and having accepted these contract terms unless otherwise mutually agreed. 4) Prices: Prices quoted are FCA (Free Carrier) Cielo Networks, Southlake, TX or FCA third party location for drop shipped accessories per INCOTerms 2000. Freight, insurance, taxes, and all other costs, as applicable, will be payable by Customer in addition to the stated price of the Goods sold. Prices quoted apply only to quantities or particular services specified in the quotation. 5)Confidentiality: Customer acknowledges that pricing provided in the form of Quotations or Price Lists, and any other information provided by Cielo Networks that is marked or otherwise described as confidential or proprietary, is confidential and proprietary to Cielo Networks and agrees to treat such pricing as confidential and to not release to third parties. 6) Terms of Payment: If granted credit, Customer payment shall be made in full within 30 days of date of invoice in the currency invoiced. Should the Customer fail to pay in full within that period, Cielo Networks may suspend work and/or delivery of any Goods to the Customer and remove Goods previously delivered for which full payment has not been received. Customer agrees that Cielo Networks and/or its agents shall have the right to enter into Customer's place of business in order to remove any such Goods, and in no event shall the Customer claim or assert that Cielo Networks' or its agents' entry into Customer's place of business for such purpose is a trespass or breach of the peace. Such action shall not prejudice any other remedy that Cielo Networks may have at law, in equity, or otherwise. If payment is not received by Cielo Networks when due the Customer shall become liable for interest payments to Cielo Networks at the rate of 0.005%for each late day until all unpaid balances, including interest charges, are paid. 7) Delivery, Shortages and Damage: Any quoted delivery date or period shall refer to the FCA or ex-works delivery point and is provided as a non-binding estimate only. Early and/or partial deliveries may be made unless Customer specifically directs otherwise. No claim for shortages or damage to Goods will be entertained unless Cielo Networks and the carrier are advised of such in writing within three days of Customer receipt of delivery. 8)Cancellation, Order Amendment, &Restocking: Upon Cielo Networks' agreement in writing to full or partial order cancellation, at its option Cielo Networks may charge, and Customer agrees to pay, cancellation fees as follows: Days from formal written Customer request for cancellation to estimated delivery date / % of cancelled portion value - a) 30 - 45 days/10%; b) 15 — 30 days/15%; c)0—15 days/20%; d) post shipment from Cielo Networks restocking of new, unopened Goods/30%. 9) Property & Risk: Risk of loss or damage for Goods will pass to Customer upon FCA delivery. Title for Goods will pass to Customer upon Cielo Networks' receipt of payment in full. 10)Indemnification: a) Subject to the provisions of Section 13 below, the Parties shall indemnify each other for any and all losses, costs, damages, fees, penalties and other amounts awarded against the other in a non-appealable court decision in connection with any claim, suit or proceeding that arises from injury or death to persons or damage to tangible property, except to the extent such injury or death is caused by the gross negligence or willful misconduct of such other Party. b)Cielo Networks Indemnification -Cielo Networks will indemnify the Customer against liability arising where use or sale of the Goods allegedly infringes a valid patent, copyright, trademark, or other intellectual property right, provided Customer immediately notifies Cielo Networks of any such allegation, cooperates in any defense, does not compromise any claim or otherwise treat with any Claimant, and allows Cielo Networks sole control of any defense. c) Customer Indemnification — Customer will indemnify Cielo Networks and Cielo Networks shall have no liability whatsoever if alleged infringement arises from compliance by Cielo Networks with Customer design requirements or instructions, Customer use of Goods in combination with hardware or software not supplied by Cielo Networks, Customer's modification of Goods, Customer's use of Goods in applications or using methods not contemplated or suggested in Cielo Networks' documentation, or if the relevant sale or use of the Goods would not have constituted an infringement at the date of delivery by Cielo Networks. d) Beyond these provisions, in the event Cielo Networks' Goods are ultimately found to constitute an infringement, Cielo Networks at its cost and discretion will either i)obtain legal right for continued use of Goods; ii) modify Goods so as to no longer infringe without compromising functionality; or iii) replace Goods with functionally equivalent non-infringing Goods. Page 1 of 2 cielo' Standard Terms & Conditions of Sale- 042012 NETWORKS e) Cielo Networks shall not be liable under any circumstances for any damages arising from or relating to the loss of use of the Goods resulting from any form of infringement. 11) Indirect or Consequential Damages: Notwithstanding the provisions of Section 10 above, under no circumstances shall the Parties be liable for any special, indirect, punitive or consequential damages or losses, including but not limited to injury, loss of revenue, loss of use, loss of production, cost of capital, costs connected with any interruption of operations or services or delay in installation, or damage to reputation, however arising out of or in connection with Goods and/or services supplied, regardless of whether or not the Parties shall have been made aware of any potential such loss. The extent of Cielo Networks' liability hereunder is limited to repair or replacement of defective products in accordance with the warranty terms expressly set forth herein, and in no event shall Cielo Networks' liability exceed Customer's purchase price for Goods. 12) Force Majeure: Without prejudice to any other provision herein, Cielo Networks shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes beyond Cielo Networks' control. 13) Warranty: Cielo Networks warrants that the Goods sold hereunder will be free from defects in design, materials or workmanship for a period of 12 months (or for 3rd party Goods, the manufacturer's standard warranty period) from the date of delivery to Customer. Cielo Networks' entire liability under this Warranty shall be limited to replacing or repairing, at its sole discretion, any defective Goods. Claims in respect of such faulty items must be made in writing indicating the serial#of the Good(s) concerned. Upon Cielo Networks' issuance of a Return of Material Authorization (RMA), defective Goods must be shipped freight pre-paid by Customer to Cielo Networks' directed address with RMA#noted in and on the packaging. Goods repaired or replaced will be sent freight pre-paid by Cielo Networks to Customer, unless Cielo Networks determines that returned Goods are not defective within these warranty terms, in which case Customer shall pay Cielo Networks for return freight and handling and, at its option, Cielo Networks' associated labor at Cielo Networks' prevailing standard rates 14) Warranty Limitations: Variations by Cielo Networks within the specification of the Goods shall not constitute a breach of contract or impose upon Cielo Networks any liability whatsoever. Warranty does not cover normal wear and tear or items consumed under normal operation such as surge arrestors &fuses. Warranty does not apply to Goods that a) have serial #, model #, or other identification markings removed or made illegible; b) were damaged by improper installation or operation, maintenance, misuse, accident, neglect, or exposure to unsuitable operating environments (improper temperatures, humidity, ventilation, electrical surge protection, force majeure events, etc.); c) were used in contravention of Cielo Networks' supporting documentation; d) have had sealed components opened or have otherwise been repaired or altered without Cielo Networks' written authorization or e) have been shipped in packaging deemed unsuitable for adequate protection of Goods in transit. The Warranty detailed herein represents Customer's sole and exclusive remedy for defective or non-conforming Goods, and except as expressly stated herein, all other warranties, conditions, or representations of any nature are hereby excluded, including warranties express or implied or statutory, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Cielo Networks has not made and shall not be deemed to have made any other representation or warranty whatsoever, express or implied, with respect to the Goods. 15) Property Rights: Customer agrees that ALL Cielo Networks' hardware design and technology and system resident Software and Firmware remain the intellectual property of Cielo Networks and that Customer and any subsequent Customer subsidiaries or resale recipients of Goods agree not to modify, reproduce, copy, reverse compile, reverse assemble, reverse engineer, disassemble, or decompile or otherwise attempt to derive source code or algorithms in ANY Cielo Networks supplied Hardware, Software or Firmware. 16) Export or Trade Restriction: The Customer, or any its agents, shall not export or knowingly sell for export any Goods supplied by Cielo Networks to a territory, country, or party for which relevant trade restrictions apply for Goods sold and/or manufactured by Cielo Networks. Customer and its agents shall be solely responsible for obtaining any required export or import licenses or authorizations and for full compliance with any relevant export, import, technology transfer, or other applicable restriction associated with Goods. 17) Law&Jurisdiction: This Contract and all disputes relating to it shall be governed and construed in all respects according to the Laws of the State of Texas. Venue for any dispute arising out of or in any way related to this Contract shall lie in the state or federal courts situated in Tarrant County, Texas. 18) Cumulative Remedies: No failure to exercise or delay in exercising on Cielo Networks' part of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Cielo Networks' rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law. 19)Successors: This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. Page 2 of 2 Warranty Statement: Equipment sold by FiSci has one year of limited warranty commencing on delivery. Extended warranty afterwards can be purchased on an annual basis. Equipment will be covered by warranty and/or extended warranty due to any of the following reasons, (a) Equipment is defective (b) Limited lighting protection warranty. FiSci also warrants up to five percent (5%) of each Equipment type (eNodeB and CPE) covered by the Extended Warranty outside of the limits of the standard product warranty terms if: • Equipment is damaged by lightning. • Equipment is damaged due to electrostatic discharge (ESD). For any Equipment that becomes defective and is not covered by either the Warranty or Extended Warranty, Customer is responsible to replace such Equipment by purchasing the same Equipment model at list price. JTS WARRANTY STATEMENT Seller warrants that technical, consulting or installation service(s) furnished pursuant to this contract shall be performed by trained and qualified personnel and shall, where applicable, meet JTS'specifications therefore, and/or generally accepted industry standards of workmanship and quality. This warranty shall be effective for a period of one (1) year after completion of the installation service(s). Any service found, during the warranty period, to be nonconforming to the above stated warranty shall, at JTS' expense, be re-performed to meet the warranty requirements.Any technical service or consultation beyond the scope of this contract will be provided at prevailing time & material rates. Radio Waves Incorporated Five Year Warranty for Microwave Antennas Notwithstanding different warranty provisions stated in Radio Waves Incorporated Standard Terms and Conditions,the war- ranty applicable to Radio Waves-manufactured microwave antennas shall be as follows: Seller warrants that any Radio Waves microwave antenna is transferred rightfully and with good title; that it is free from any lawful security interest or other lien or encumbrance unknown to Customer; and that for a period of sixty(60)months from the date of shipment from Radio Waves factory,such equipment will be free from defects in material and workman- ship which arise under proper and normal use and service.Customer's exclusive remedy hereunder is limited to Seller's correction(either at its plant or at such other places as may be agreed upon between Seller and Customer)of any such defects by repair or replacement at no cost to the Customer provided that the cost of any transportation in connection with the return of the equipment for the purpose of repair or replacement shall be borne by Customer.The provisions of this war- ranty shall be applicable with respect to any equipment,which Seller repairs or replaces pursuant to it.SELLER MAKES NO WARRANTY,EXPRESS OR IMPLIED,OTHER THAN AS IS SPECIFICALLY STATED ABOVE.EXPRESSLY EXCLUDED ARE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE.THE FOREGOING SHALL CONSTITUTE ALL OF SELLERS LIABILITY(EXCEPT AS TO PATENT INFRINGEMENT) WITH RESPECT TO THE EQUIPMENT.IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,CONSEQUEN- TIAL OR INCIDENTAL DAMAGES,INSTALLATION COSTS,LOST REVENUE OR PROFITS,OR ANY OTHER COSTS OF ANY NATURE AS A RESULT OF THE USE OF EQUIPMENT MANUFACTURED BY THE SELLER, WHETHER USED IN ACCORDANCE WITH INSTRUCTIONS OR NOT.UNDER NO CIRCUMSTANCES SHALL SELLER'S LIABILITY TO CUSTOMER EXCEED THE ACTUAL SALES PRICE OF THE EQUIPMENT PROVIDED HEREUNDER No representative is authorized to assume for Seller any other liability in connection with the equipment. ............ A 1110, lik" h e 1�Best waiiiniraiinty �iiin the ��iindustiiryl,. ay, Radio Waves, Inc. 1 0 Fax http://www.radiowavesinc.com 73 uo uuuuuulllll LIMITED WARRANTY RADWIN warrants to the customer that the hardware in all Products to be delivered hereunder shall be free of defects in material and workmanship under normal use and service for a period of twenty four(24)months following the date of shipment. If, during the warranty period, any component part of the equipment becomes defective by reason of material or workmanship, and the customer immediately notifies RADWIN of such defect, RADWIN shall have the option to choose the appropriate corrective action: a) Supply a replacement part, or b)Request return of equipment to its RMA Center for repair, or c)Perform necessary repair at the equipment's location. In the event that RADWIN requests the return of equipment, each party shall pay one-way shipping costs. RADWIN shall be released from all obligations under its warranty in the event that the equipment has been subjected to misuse, neglect, accident or improper installation, or if repairs or modifications were made by persons other than RADWIN's own authorized service personnel, unless such repairs by other were made with the written consent of RADWIN. The above warranty is in lieu of all other warranties, expressed or implied. There are no warranties which extend beyond the face hereof, including, but not limited to, warranties of merchantability and fitness for a particular purpose, and in no event shall RADWIN be liable for consequential damages. RADWIN shall not be liable to any person for any special or indirect damages, including, but not limited to, lost profits from any cause whatsoever arising from or in any way connected with the manufacture, sale, handling,repair, maintenance or use of the Products, and in no event shall RADWIN's liability exceed the purchase price of the Products. Software Products are provided"as is" and without warranty of any kind. RADWIN disclaims all warranties including the implied warranties of merchantability and fitness for a particular purpose. RADWIN shall not be liable for any loss of use, interruption of business or indirect, special, incidental or consequential damages of any kind. In spite of the above RADWIN shall do its best to provide error-free software products and shall offer free Software updates during the warranty period under this Agreement. RADWIN Ltd. 127 Habarzel Street, Tel Aviv 69710, Israel t. +972 (3) 766 2900 1 f. +972 (3) 766 2918 1 www.radwin.com 111 ��r-ed 11 ell cIII nIII u III III :at III )III s RedCare Sery I ces Gul"' de Warranty, Protection and Support Services January 2018 Prepared by: I Advanced Services I Communications 302"rowin Centre II Markham 011411 31R 011 AIII t 1.1.905.479.8344 1� f 1.1.905.479.5333. .i:..d..!I.c...o c aim Confil.dentill.a.1 and Projjj,?r!11.etary I ICIs do(.1jinwint(.oiit'aIns(.oIIfId('IItI'fl'and propirlot'vy iforin'atloii It Is liot to ho roloxwfj to'my third I'mirly"?"Ohoat thotoviritton pol-InIssion of "offillo('olninwilk.,atIolis III(, Bya'u'pting this do(.1jinwint, tho rodjplont 'agroos to pro"wint wmwthorllod uso of thisiiiforrri,aticyrt. (0)01/Itoffillo('oll'111,11JI11(.'!tIolis III(, Overview........................................................................................................................................2 1.0 RedCare Standard Warranty, Protection and Bundled Plans..................................................3 1.1 Standard Warranty ...................................................................................................................... 3 1.2 RedCare Extended Warranty Plan................................................................................................. 3 1.3 RedCare Bundled Protection Plan................................................................................................. 3 2.0 General Terms and Processes................................................................................................5 2.1 General Terms ............................................................................................................................. 5 2.2 RMA Process................................................................................................................................ 5 2.2.1 Return Material Authorization for Replacement of Defective Units..............................................5 2.2.2 RMA Shipping Costs and Disbursements ........................................................................................6 2.2.3 No Defect Found Charges................................................................................................................6 2.3 Out-of-Warranty Repair Service.................................................................................................... 6 1. G0cri017 Redd nel om uniicrl�roions Iriry 0 2C�'1.7 Recllina Cr�rn rriunicat:ians Ine, January 2018 red I'll lie c Ii,n If"n U p II I II '�II ors d:,'+ Overview This document provides an overview of Redline's RedCare Program(Warranty, Protection and Support Services) offered by Redline Communications Inc. RedCare,the Redline branded Post-Sales Protection and Support program, offers a selection of protection and technical support services designed to safeguard service continuity for Redline solutions and provide you peace of mind by keeping your Redline products at optimal performance. RedCare improves productivity, decreases downtime, maintains product peak performance, extends product lifetime, lowers cost of ownership and provides convenient access to Redline technical support and services. O 2017 Red lina Corn rriunicat:ians Ine, January 2018 red I'll lie O Ilm If"n U p II I II '�II o II I d:,'+ 1 0 Red.f.'are Standard. Warranty, Protection. and. Bundled. Plans . RedCare Standard Warranty, Protection & Bundled Plans offer flexible maintenance services for your field and operations personnel and enable you to selectively tailor the required protection &support plans to meet your operations specific requirements. 1.1 Standard Warranty All Redline products have a 12-month limited standard warranty included as part of the equipment purchase price. Redline products are warranted to be free from defects in material and workmanship under normal use and service for a period of twelve months following shipment of product. Standard Warranty provides for repair& return of hardware defects, correctional software (as deemed necessary by Redline) and excludes user induced or environmental damage. Shipping of the defective unit to Redline is the responsibility of the Customer and return shipment of the repaired unit is the responsibility of Redline. RedCare Hardware Protection Plan offers continued warranty coverage for repair and return of RDL- 3000 hardware defects in one year increments up to a maximum period of four additional years following the Standard Warranty term and can be purchased at the time of product purchase or at any subsequent date provided the product's Standard Warranty is in effect. Excludes user induced or environmental damage. Shipment of defective unit to Redline is the responsibility of the Customer and return shipment of repaired unit is the responsibility of Redline. The RedCare Bundled Protection Plan is a sound choice for clients who want full product protection and require technical support services from Redline. The RedCare Bundled Protection Plan is a bundled plan comprising essential protection and support services. It is available in one (1)year terms up to a total of five (5)years and can be purchased at the time of initial product purchase or within the first twelve (12) months of the standard warranty period. The RedCare Bundled Protection Plan includes the following key support and protection services. • Hardware Protection o Offers coverage for repair and return of RDL-3000 standard hardware defects. Excludes user induced or environmental damage. • Software Protection o Offers all software releases (correctional, updates and upgrades) associated with the installed base of RDL-3000 products. The plan provides advanced notification of new features,functionality and the flexibility to choose the right time to install new software O 2017 Red lina Corn rriunicat:ians Ine, January 2018 red I'll lie O Ilm If"n U p II I II '�II o II I d:,'+ to increase the efficiency of your network, achieve higher performance levels, improve overall network manageability or add new functionality. • Unlimited Remote TAC Support o Provides unlimited remote access to Redline's Technical Assistance Centre (TAC)for support assistance and technical advice to resolve problems. • On-line Portal Access for Trouble Ticket& RMA Reporting/Tracking. • Management VPN to provide secured remote access for Redline's TAC support technicians. O 2017 Red lina Corn rriunicat:ians Ine, January 2018 red I'll lie c 1imIf"nUpIIIII '�II IIId:,'+ General. 1`1'erms and. Processes A RedCare Plan may be started or modified at any time for any number of Redline products that are currently supported under the Standard Warranty period or an existing RedCare Plan. The minimum term for a RedCare Plan is one year. RedCare Plans are product agnostic. All serial numbers of the products to be covered under a plan must be registered with Redline. Prior to the activation of a RedCare Plan, Redline will confirm the supportability status of the equipment to be covered under the plan. Should the Standard Warranty or existing RedCare Plan have expired, Redline will request validation that the product is operating satisfactorily to complete registration. Redline may choose to authenticate the applicability of the equipment by performing a network audit of all systems to be covered in the RedCare Plan contract.The fee for the network audit is incremental to the RedCare plan. RedCare Plans provide coverage for all registered Redline equipment with the exception of any device that has reached Manufacturer Discontinued status prior to the beginning of the contract. Exclusions to the Standard Warranty and RedCare Plans: • Defects or damage resulting from improper/non-standard use of the product • Defects or damage occurring from improper or unauthorized testing, operation, maintenance, service, repair, installation, alteration, modification or adjustment • Defects or damage resulting from environmental impact(lightning, power surge,water ingress) • Illegal or unauthorized alteration of the products software/firmware • Normal and customary wear and tear 2.2 FIRM F)rocess 2.2. �Iett.uIrn Illy zfteirk::f 111 Atithoirizzitioin "For of Defective Ill I in ft" The Return Material Authorization (RMA) process is used to repair or replace product defects that: • have failed standardized bench testing when performed by Redline or a Redline Authorized Partner • have been recommended as part of a trouble ticket investigation by the Redline Customer Support Team (TAC) • Redline is in receipt of a PO for Out-of-Warranty Repair Service The RMA process involves requesting a Return Material Authorization (RMA) case number via the Support Portal. Upon approval, Redline will provide a case number, authorization code, and shipping instructions. Upon receipt of the authorization code and shipping instructions the unit is sent to Redline. Once received, Redline will verify that the fault is covered under warranty or a RedCare plan, make the necessary repairs and return the unit. If the unit cannot be repaired a replacement will be shipped. For Out-of-Warranty—refer to section 2.3 of this document. O 2017 Red lina Corn rriunicat:ians Ine, January 2018 red I'll lie c Ilm If"n U p II I II '�II ors d:,'+ The Customer/Partner is responsible for paying all applicable shipping costs to the identified Redline shipping point for repair. For equipment covered by Standard Warranty or a RedCare Plan, Redline will pay for the return shipping of repaired or replacement equipment to the customer premise or to the partner point of sale. 2.2.3 No Defect l:��otiind Chzlirges When an RMA returned unit is tested and no defect is found matching the RMA description,the unit is rigorously tested in accordance with factory quality tests. If no errors are found,the unit is declared "No Defect Found" (NDF). A no defect found charge of$350 will be charged to the Customer. NDF charges will only be waived when Redline Customer Support personnel have recorded that the RMA is recommended in a support ticket. 2.3 Out,,,,of,,,,Warranty lRepa it Service Out-of-warranty repair service is a per-use service that provides repair or replacement of defective product that is not covered under the Standard Warranty or a RedCare Plan. Out-of-warranty repair provides a 90 day warranty for the repaired or replaced product.The repair will be completed within sixty(60) days from the time the unit is received by Redline's RMA coordinator. Redline will provide the details for the cost of repairs and shipping and a PO will be required from the Customer prior to the commencement of any repair work or if repairs cannot be undertaken shipment of a replacement unit. The provisions of this RedCare Overview Guide are subject to the agreement between the Customer and Redline under which Redline agrees to provide the services that are described in this Guide (the provisions of this Guide are also subject to Redline Communications' standard Terms and Conditions). In the event of any conflict,the provisions of the agreement shall (including the standard Terms and Conditions)govern over the provisions of this Guide. The information contained in this document is subject to change. O 2017 Red lina Corn rriunicat:ians Ine, Ruggedcom Terms & Conditions - - Siemens Page I of 2 SIEMENS General Terms and Conditions of Sale for RUGGEDCOM Products The following terms and conditions of sale shall apply to any sale of goods and services by Siemens Canada Limited(hereinafter called"Siemens").Purchaser shall be deemed to have full knowledge of the terms and conditions herein and such terms and conditions shall be binding if either the goods and services referred to herein are delivered to and accepted by Purchaser,or if Purchaser does not within five days from the date hereof deliver to Siemens written objection to said terms and conditions or any part thereof. 1.GENERAL In the event of any conflict or inconsistency between the terms and conditions of sale herein and the terms and conditions contained in Purchasers order or in any other form issued by Purchaser,whether or not any such form has been acknowledged or accepted by Siemens,Siemens'terms and conditions herein shall prevail. No waiver,alteration or modification of these terms and conditions shall be binding upon Siemens unless made in writing and signed by a duly authorized representative of Siemens. 2.QUOTATIONS Unless otherwise stated,Siemens'quotation shall be null and void unless accepted by Purchaser within thirty(30)days from the date of quotation. 3.PRICES/COST OF TRANSPORTATION All quoted prices are based on the current exchange rates,tariffs and costs of manufacture.Unless otherwise stated in the quotation,quoted prices are subject to change by Siemens with or without notice until Purchasers acceptance.Prices are subject to correction for error. Unless otherwise stated,all prices are FCA factory Incoterms 2010 and include domestic packing.Customary methods of transportation shall be selected by Siemens and such transportation will be at Purchaser's expense. Special methods of transportation will be used upon Purchaser's request and at Purchasers additional expense provided reasonable notice of Purchaser's transportation requirements are given by Purchaser to Siemens prior to shipment. 4.TAXES Prices do not include Goods&Services Tax,Provincial or Municipal sales,use,value-added or similar tax.Accordingly,in addition to the price specified herein,the amount of any present or future sales,use,value-added or similar tax applicable to the sale of the goods hereunder to or the use of such goods by Purchaser shall be paid by Purchaser to the entire exoneration of Siemens. 5.DELIVERY Delivery schedules are approximate and are based on prevailing market conditions applicable respectively at the time of Siemens'quotation and Siemens'acceptance of Purchasers order. Delivery shall also depend on the prompt receipt by Siemens of the necessary information to allow maintenance of the manufacturers engineering and manufacturing schedules. Siemens may extend delivery schedules or may,at its option,cancel Purchasers order in full or in part without liability other than to return any deposit or prepayment which is unearned by reason of the cancellation. 6.FORCE MAJEURE Siemens shall not be responsible or liable for any loss or damage incurred by Purchaser herein resulting from causes beyond the reasonable control of Siemens including,but without limitation,acts of God,war,invasion,insurrection,riot,the order of any civil or military authority,fire,flood,weather,acts of the elements,delays in transportation, unavailability of equipment or materials,breakdown,sabotage,lock-outs,strikes or labour disputes,faulty castings or forgings,orthe failure of Siemens'suppliers to meet their delivery promises. The acceptance of delivery of the equipment by Purchaser shall constitute a waiver of all claims for loss or damage due to any delay whatsoever. 7.SHIPMENT/DAMAGES OR SHORTAGES IN TRANSPORT/RISK Except for obligations stated under"Warranty"herein,Siemens'responsibility for goods ceases upon delivery to the carrier. In the event of loss or damage during shipment,Purchaser's claim shall be against the carrier only. Siemens will,however,give Purchaser any reasonable assistance to secure adjustment of Purchaser's claim against the carrier provided immediate notice of such claim is given by Purchaser to Siemens. Claims for shortages must be made in writing within ten(10) days after receipt of goods by Purchaser. If Siemens does not receive written notification of such shortages within such ten(10)days,it shall be conclusively presumed that the goods were delivered in their entirety.Unless agreed upon otherwise in writing,Siemens reserves the right to make partial shipments and to submit invoices for partial shipments. 8.TITLE Title to the goods or any part thereof shall not pass from Siemens to Purchaser until all payments due hereunder have been duly made in cash,except as otherwise expressly stipulated herein.The goods shall be and remain personal or moveable property,notwithstanding their mode of attachment to realty or other property. If default is made in any of the payments herein,Purchaser agrees that Siemens may retain all payments which have been made on account of the purchase price as liquidated damages,and Siemens shall be free to enter the premises where the goods may be located and remove them as Siemens'property,without prejudice to Siemens'right to recover any further expenses or damages Siemens may suffer by reason of such nonpayment. 9.LIABILITY Siemens shall not be liable for and shall be held harmless by Purchaser from any damage,losses or claims of whatever kind,contractual or delictual,consequential or incidental,direct or indirect,arising out of,in connection with or resulting from the sale governed hereby or the goods,including,but without limitation,the manufacture,repair,handling, installation,possession,use,operation or dismantling of the goods and any and all claims,actions,suits,and proceedings which may be instituted in respect to the foregoing. 10.WARRANTY Siemens warrants to Purchaser that Products are free from defects in material and workmanship for five(5)years after shipment.This warranty is conditioned upon proper storage,installation,connection,operation,and maintenance of Products,prompt written notice to Siemens of any defects,and,if required,prompt availability of Products to Siemens for correction. In case of Products with removable modules designed for field modification,the warranty covers manufacturing defects only and can only be maintained if field modifications are conducted in accordance with the factory installation instructions provided,carried out by skilled technicians and appropriate ESD measures are applied.The warranty does not cover damage caused to the Product or to any module or component during modification.Siemens recommends that any Product modification be carried out in the factory to ensure Products get appropriately retested,configured,labelled,and meet applicable standards and safety certifications. This warranty shall be void in its entirety in the event of any use of Products for any applications that require product listing or qualification not specifically included in the Siemens written quotation or proposal.If any Product fails to conform to this warranty,Purchaser properly notifies Siemens of such failure,and Purchaser returns the Product to the Siemens factory for diagnosis(and pays all expenses for such return),Siemens shall correct any such failure by,at its sole discretion,either repairing any defective or damaged Product part(s)or making available,any necessary replacement part(s).Any Product repaired by Siemens shall be covered by this warranty for the longer of one(1)year from date of repair or the remainder of the original five(5)year warranty period. This warranty shall be exclusive and in lieu of all other warranties,whether statutory,express,oral or implied(including warranties of merchantability and fitness for particular purpose and warranties arising from course of dealing or usage of trade),except title and patent infringement.Siemens shall perform Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.Siemens does not warrant products or prototypes provided by Siemens for testing or marketing purposes.For components not supplied by Siemens,the original manufacturers warranty shall apply to the extent assignable by Siemens. Purchaser shall assume all responsibility and expense for dismantling,removal,re-installation and freight in connection with the foregoing. The same obligations and conditions extend to replacement parts furnished by Siemens hereunder. Siemens does not assume liability for installation,labour or consequential damages. Siemens makes no warranty other than the one set forth herein. The warranty ceases to be effective if Purchaser fails to operate and use the goods sold hereunder in a safe and reasonable manner and in accordance with any written instructions from the manufacturers. 11.INSTALLATION Unless otherwise expressly stipulated,the goods shall be installed by and at the risk and expense of Purchaser. In the event that Siemens is requested to supervise such installation,Siemens'responsibility shall be limited to exercising that degree of skill customary in the trade in supervising installations of the same type. Purchaser shall remain responsible for all other aspects of the work including compliance with the local regulations. 12.RETURNED GOODS No goods may be returned to Siemens without Siemens'priorwritten permission. Siemens reserves the right to decline all returns or to accept them subject to a handling/restocking charge.Even after Siemens has authorized the return of goods for credit,Siemens reserves the right to adjust the amount of any credit given to Purchaser on return of the goods based on the conditions of the goods on arrival in Siemens'warehouse. Credit for returned goods will be issued to Purchaser only where such goods are returned by Purchaser and not by any subsequent owner of the goods. Goods will be considered for return only if they are in their original condition and packaging. 13.TERMS OF PAYMENT Unless otherwise stated,invoices on"open account"shipment are payable within thirty(30)days of invoice date. Unless specifically provided,no cash discount shall be available to Purchaser. When cash discount is offered,the discount price is computed from the date of invoice. Siemens does not offer cash discount on C.O.D.shipments. https://www.siemens.ca/web/portal/en/IA DT/industrial-communications/Pages/Ruggedco... 3/9/2015 Ruggedcom Terms & Conditions - - Siemens Page 2 of 2 Should payment not be made to Siemens when due,Siemens reserves the right,until the price has been fully paid in cash,to charge Purchaser with interest on such overdue payments at the rate of eighteen percent(18%)per annum. The charging of such interest shall not be construed as obligating Siemens to grant any extension of time in the terms of payment. 14.CHANGES AND CANCELLATION Orders accepted by Siemens are not subject to changes or cancellation by Purchaser,except with Siemens'written consent. In such cases where Siemens authorizes changes or cancellation,Siemens reserves the right to charge Purchaser with reasonable costs based upon expenses already incurred and commitments made by Siemens,including,without limitation,any labour done,material purchased and also including Suppliers usual overhead and reasonable profit and cancellation charges from Siemens' suppliers. 15.COMPLIANCE WITH EXPORT CONTROL REGULATIONS If Purchaser transfers goods(hardware and/or software and/or technology as well as corresponding documentation, regardless of the mode of provision)delivered by Siemens or works and services(including all kinds of technical support)performed by Siemens to a third party,Purchaser shall comply with all applicable national and international(re-)export control regulations.In any event,Purchaser shall comply with the(re-)export control regulations of Canada,of the Federal Republic of Germany,of the European Union and,to the extent permissible under Canadian law,of the United States of America.If required to conduct export control checks,Purchaser,upon request by Siemens,shall promptly provide Siemens with all information pertaining to the particular end customer,the destination and the intended use of goods,works and services provided by Siemens,as well as any export control restrictions existing.Purchaser shall indemnify and hold harmless Siemens from and against any claim,proceeding,action,fine,loss, cost and damages arising out of or relating to any noncompliance with export control regulations by Purchaser,and Purchaser shall compensate Siemens for all losses and expenses resulting thereof.This provision does not imply a change in burden of proof.Siemens shall not be obligated to fulfill this agreement if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. 16.PRIVACY Purchaser and Siemens are each responsible for complying with their respective obligations under applicable data and privacy protection laws. 17.THE AGREEMENT An acceptance and official confirmation of Purchasers order by Siemens shall constitute the complete agreement,subject to the terms and conditions of sale herein set forth,and shall supersede all previous quotations,orders or agreements. The law of the Province of Ontario shall govern the validity,interpretation and enforcement of these terms and conditions of sale and of any contract of which these terms and conditions are a part. 2500/2013 I Author Name ©Siemens AG 2015 https://www.siemens.ca/web/portal/en/IA DT/industrial-communications/Pages/Ruggedco... 3/9/2015 Siklu Standard Warranty Services Siklu shall provide customer with the warranty services detailed hereunder,for products purchased directly from Siklu by customer for the duration of the warranty period under the definition and conditions of its LIMITED PRODUCT WARRANTY detailed hereunder. The delivery of support services by Siklu is subject to the payment of applicable service fees and the compliance of customer with the requirements detailed hereunder. 1. Definitions and Scope 1.1 Definitions For purpose of providing the support services,the following capitalized terms shall have the following meanings: 1. "Business Day" means Monday through Friday, excluding US holidays (for customers in the US&Canada) and Sunday through Thursday, excluding Israeli holidays (for customers in the rest of the world). 2. "Business Hours" means 09:00-18:00, EST local time (GMT-5) of a Business Day (for customers in the US&Canada) and 09:00-18:00, Israel local time (GMT+2) of a Business Day(for customers in the rest of the world). 3. "Customer" means customer who purchases Products or Services from Siklu. 4. "End-Customer" means any third party who purchases Products or Services from Customer. 5. "Documentation" means the technical documentation of Products. 6. "Products" means Siklu's proprietary mmWave radio point-to-point and point-to-multipoint products and all related accessories, Hardware or Software, and Documentation. 7. "Services" means technical services, such as technical support, customer service and warranty services as described hereunder. 8. "Software" means software, computer programs, object code and firmware and the documentation thereof included as part of the Products, including all improvements, corrections, updates, new releases and new versions and any derivatives of such software programs and documentation. 9. "Spare Units" -means those Product and/or spare part units, which are used for the operation and maintenance of the Products at customer's or end-customer's service. Standard Warranty Services Page 1 Siklu 10. "Warranty Period"—means the first twelve (12) months, commencing the date shipment of Products from Siklu to Customer, unless otherwise agreed between the parties. 1.2 Support Tiers Definition and Responsibility Customer shall provide Tier-1 and Tier-2 Support services for all the Products purchased and to its end-customers and Siklu will provide Tier-3 Support to the customer, according the definitions specified herein. 1. "Tier-1 Support" means receiving first customer report of problem or inquiry by phone, email or web as sole Point Of Contact, including - Recording all service calls on CRM system - Providing technical support to customer's service calls regarding problems or questions - Answering routine questions regarding the products operation and configuration - Verifying installation and configuration per Siklu's guidelines and documentation - Implementing all SW upgrades and patches - Providing on-site support for the products as necessary, including troubleshooting, parts replacement and commissioning - Managing and dispatching spare parts to sites - Providing installation and commissioning services for the products as necessary - Escalating service calls that could not be resolved to Tier-2 Support 2. "Tier-2 Support" means the first level of escalation for Tier-1 Support teams for service calls that could not be resolved.The Tier-2 Support team should have greater and in-depth knowledge and experience with the Products,with greater and more advanced troubleshooting,fault simulation, configuration and planning capabilities. - Answering routine questions regarding the products operation,features, configuration, interoperability and planning - Performing advance troubleshooting, via remote connection or on site, including loops and configuration changes, - Performing in-house fault simulation and configuration verification - Providing on-site support for the products as necessary - Performing interoperability testing with 3rd party products - Responsibility for providing all planning and pre-sales activities with its end-customers - Managing acceptance tests and product evaluation tests with its end-customers - Providing training and guidance for the products internally and to end-customers - Escalate service calls that could not be resolved to Siklu,following Siklu's escalation procedures, criteria and guidelines. Standard Warranty Services Page 2 Siklu 3. "Tier-3 Support" means the support services Siklu will provide the customer for service calls that could not be resolved,following Siklu's escalation procedures, criteria and guidelines. - Provide advance troubleshooting and in-depth analysis of faults that could not be resolved by Tier-1 and Tier-Support - Working together with the customer on resolving such faults, including remote connection and fault simulation till fault is resolved - Provide reasonable support answering customer's inquiries and requests - Facilitating together with the customer support procedures and workflows, network configurations and configuration guides 1.3 Customer's Obligations 1. Siklu shall provide customer with Tier-3 support services only.Tier-1 and Tier-2 support will be provided by customer to customer's end-customers. 2. Customer may escalate service call to Siklu's helpdesk providing all Siklu's guidelines and procedures followed. 3. Only trained and certified customer personnel with sufficient knowledge and experience with Siklu products that were certified and approved by Siklu may escalate service call to Siklu. 4. Customer shall purchase and maintain sufficient products as spare parts, required for the immediate maintenance of customer's network. 5. Customer shall purchase and maintain sufficient products, as per Siklu recommendation, dedicated for fault simulation and fault analysis. Standard Warranty Services Page 3 Siklu 2. Support Services Description 2.1 Technical Support Helpdesk Siklu shall operate technical support helpdesk aimed to respond to service calls. Customer may submit technical inquiries by email, phone call or web including questions or problem reports to Siklu's helpdesk during business hours,following Siklu's support procedures. 2.2 Software Maintenance Siklu shall provide its customers with software maintenance updates, including defect correction and patches, upon release. "Software Maintenance Updates" shall mean routine corrections for reproducible Software errors that Siklu generally incorporates into its Software version updates. Siklu shall notify the customer about the availability of such software maintenance updates and provide customer with the associated documentation and release information. SW upgrades, including additional features and functionality will be offered to customers for purchase. 2.3 Technical Updates Siklu shall provide its customers from time to time with Product documentation updates,to the extent generally made available by Siklu. Technical updates may include Product's manuals,guides,technical notes,technical alerts and maintenance procedures. Technical updates shall be made available upon release, in a form of computer file, in English language, available for download from Siklu's partners site. 2.4 Hardware Warranty Repair Siklu shall maintain hardware repair center to repair defective hardware. Customer may raise a request for hardware repair,following Siklu's Return Material Authorization (RMA) procedure. The authorization to return a part for repair will be after technical discussion of the case and only after Siklu's confirmation of the defect. Standard Warranty Services Page 4 Siklu At Siklu's sole discretion, Siklu shall repair or replace the defective hardware within thirty(30) days from the arrival date of the defective part at Siklu's repair center until shipment of the part from Siklu's repair center. RMA shipment charges shall be divided between the parties: shipment of the products to Siklu (DDU terms) shall be paid by the customer and shipment of the products to customer(DDU terms) shall be paid by Siklu. In case no failure was identified by Siklu with the returned product(No Failure Found),the shipment charges of the product back to customer shall be paid by the customer. Standard Warranty Services Page 5 Siklu 3. Limited Product Warranty Subject to the terms and conditions set forth below and in the distribution/purchase agreement signed between the parties, Siklu warrants to Customer that the Products will substantially conform to the applicable Documentation and will be free from material defects in workmanship under normal use and conditions for a period of twelve (12) months from the date of purchase from Siklu by Customer(the"Warranty Period").The foregoing Warranty Period may be extended by Customer by additional twelve (12) month periods subject to payment to Siklu of applicable maintenance agreement fees, up to five additional twelve(12) months warranty periods If during the Warranty Period (or extended warranty period, as applicable), a Product component should fail to comply with the foregoing warranty, Customer's sole remedy and Siklu's sole liability shall be for Siklu to repair or replace such component within 30 days of receipt of the defective Product without charge to Customer, subject to the terms and conditions set forth below. For the avoidance of doubt, it is clarified that the Products are not authorized for use as critical components or services in life support devices or systems. Life support devices or systems are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause failure of a life support device or system or affect its safety or effectiveness. Conditions of Limited Product Warranty: 1. Customer shall be responsible for administering and submitting all warranty claims to Siklu. Siklu will not process any claims received directly from a end-customer or other third party, and shall not be responsible for any shipping costs other than as set forth herein. Shipment of non- conforming Products under warranty from Customer to Siklu shall be to a place designated by Siklu, at Customer's expense, and repaired or replaced Products shall be shipped by Siklu to Customer at Siklu's expense. Repaired or replaced Products shall be warranted for an additional period of 3 months from delivery to Customer or the remainder of the original Warranty Period, whichever is longer. 2. This Limited Product Warranty shall not apply where (a)the defect is caused by the use of the Product contrary to the Documentation; (b)the defect is caused by negligence, misuse, improper installation, abnormal use, abuse or circumstances beyond Siklu' control, and/or(e) the Product has been modified, altered, opened, or serviced by anyone other than a service person authorized by Siklu. Standard Warranty Services Page 6 %7Board kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn LOCATION /AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Not Applicable. Company Name Address City State Zip Phone Number Fax Number Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person Page 18 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers") to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Not Applicable. Designated Dealer Name Designated Dealer Address City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 19 of 65 Proposal Forms COMM/SVCS v.01.12.2018 %7Board kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn TEXAS REGIONAL SERVICE DESIGNATION 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. If you propose to serve different regions for different products or services included in your proposal,you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or,If awarded, termination of your Contract, Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas),you must so indicate on this form. Regional a lioService Centers IX❑ I will service Texas Cooperative members .� statewide. "� ❑ I will not service Texas Cooperative members - - - statewide. I will only service members in the regions checked below: Region Headquarters � ? ❑ 1 Edinburg ❑ 2 Corpus Christi ❑ 3 Victoria ❑ 4 Houston i �,' � ❑ 5 Beaumont r� � �, ❑ 6 Huntsville µ � Kilgore w 7 Ig e u ❑ 8 Mount Pleasant ,. _� ❑ 9 Wichita Falls ... ❑ 10 Richardson ❑ 11 Fort Worth � � ❑ 12 Waco ❑ 13 Austin d ❑ 14 Abilene ❑ 15 San Angelo -- ❑ 16 Amarillo JTS ❑ 17 Lubbock ❑ 18 Midland o p ame ❑ 19 El Paso ❑/1�A�') 20 San Antonio Si atur f A orized Company Official Kim Rheffler ❑ I will not service members Printed Name of the Texas Cooperative. Page 20 of 65 Proposal Forms COMM/SVCS v.01.12.2018 &578oard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard.corn If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 21 of 65 Proposal Forms COMM/SVCS v.01.12.2018 &PBoard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn 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 Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services in those states Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check(1/) all that apply: ® I will service all states in the United States. ❑ I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ❑ Nevada ❑ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118&20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑ Tennessee ❑ Kentucky ❑ Texas ❑ Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 22 of 65 Proposal Forms COMM/SVCS v.01.12.2018 &578oard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard.corn 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 understand your service commitments during the term of a contract awarded under this proposal. JTS Company Name Kim Sheffler Signatu4 of wfioriiea Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 23 of 65 Proposal Forms COMM/SVCS v.01.12.2018 &PBoard kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn 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. 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. Proposal Forms COMM/SVCS v.01.12.2018 Page 24 of 65 &UBoard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn 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 lie 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. JTS 579-19 Name ndor Proposal Invitation Number Kim Sheffler Sig aturp4f A t orized Company Official Printed Name of Authorized Company Official 5/04/2018 Date Proposal Forms COMM/SVCS v.01.12.2018 Page 25 of 65 &PBoard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. 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 durin the previous 12-month period or the last fiscal year: $ $1,800,000 . (The period of the 12 month period is 579/2017/5/8/2018). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. CURRENT FORMER VENDOR (Y/N)? — AWARDED PURCHASING VENDOR? • •D GROUPD•• •• 1. Federal General Services Administration N N 2. T-PASS (state of Texas) N N 3. U.S. Communities Purchasing Alliance N N 4. National IPA/TCPN N N 5. Houston-Galveston Area Council (HGAC) Y JTS was only recently awarded See attachment an H-GAC contract on 5/1/18 6. National Joint Powers Alliance (N3PA) N N 7. E&I Cooperative N N S. The Interlocal Purchasing System (TIPS) Y JTS has been awarded 5 TIPS See attachment contracts since 2013 9. Other Texas D I R Y as een aware c_o_nFra_cTE See attachment ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, 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(%); See attachment Proposed Discount(%); See attachment Explanation: I've included an attachment that details our previous BuyBoard discount versus the current discounts proposed. Proposal Forms COMM/SVCS v.01.12.2018 Page 26 of 65 &UBoard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn 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. JTS Company Name Kim Sheffler Signat a of,A�thokied Company Official Printed Name Proposal Forms COMM/SVCS v.01.12.2018 Page 27 of 65 k k / E ] S § S ® e ® e ) E § E c 2 \ 2 ° E 0 2 0 m / ; k ; § \ 7 CL 7 x § 2 § 2 w 5 e E � Ea k 2 J § 2 k t k t m 2 2 m { ® i 7 § § 7 2 °0 2 ■ ) 2 2 / I § m k 2 $ � � � 42� k # 0 § a D a E Q. 0 2 ƒ0 J k k o t 0 2 ® 2 � k k k k Q \ X X X ¢ ¢ ¢ ¢ § d e e e e e e e I § { Cl) 2 [ ® 0 a J 2 k 0 \ / U 2 2 u ( o $ 2 2 k § 2 co 0) ; 2 g 0 co 2 ) 2 2 cc a { a \ 0 0 a 2 2 / 2 k k D k E (D a b @ a) ' ( E > m 2 @ J ® § $ 7 ; o E t ! _ , cc a 2 2 ® ® § u 0 2 § m E \ f ) = ■ ■ f zCC e 0 E ■ k = ; ° ILLJ 2 2 2 \ § § k k \ ( k 2 2 2 ) 3:CLam ] 2 2 0 2 \ 0 2 ) 7 / J E § _k _k Z c D k E 9 v 3 § f E 7 o LU 0 2 ) o o - J E E E &) 2 m 2 0 0 = f o C) U U U CC3 c 2 k 2 2 k 2 / 2cmc &UBoard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume City of Frisco Casey Lawson 972-292-6485 clawson@friscotexas.gov 20%on Cambium $232K since 2014 1. z City of Denton Kathy Gault 940-349-7525 kathy.gault@cityofdenton.com 45%on Ceragon $605K since 2007 City of Odessa Mike Parrish 432-257-0573 mparrish@odessa-tx.gov 45%on Ceragon $985K since 2012 3. 4 City of Temple Brandon Harris 254-298-5200 bharris@templetx.gov 20%-Cambium,21%-Radwin, 15%-Siklu $11OK since 2015 5 City of Corpus Christi Robert Robles 361-826-1956 robertr@cctexas.com 21%-Radwin, 15%-Siklu $330K since 2012 Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES ® NO ❑ If YES, please explain: Yes, sometimes we offer the customer a price lower than contract pricing for reasons such as: 1) Competitive conditions exist 2) Assisting the client in meeting budgetary constraints By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. JTS 77 me Sig tur Au h rized Company Official Kim Sheffler Printed Name Proposal Forms COMM/SVCS v.01.12.2018 Page 28 of 65 &UBoard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or pa rt of you r Proposa 1. (E mle Explain how your company will initially inform Cooperative members of your BuyBoard contract, and how you will continue to support the Buy6oard For the duration of the contract period;) Attach additional pages if necessary. Please refer to the attached document. JTS Company Name '�" 'q, )��' Si atur f A orized Company Official Kim gheffler Printed Name Proposal Forms COMM/SVCS v.01.12.2018 Page 29 of 65 BuyBoard Marketing Approach JTS' current marketing and selling strategy for this these products/services to eligible BuyBoard customers includes identifying those entities with microwave ackhaul needs between facilities, as well as Wi-Fi, LTE, and providing them with an economically feasible alternative to traditional hard-wired WAN infrastructure, such as fiber-optic based SONET and DWDM networks. Our wireless microwave solutions offers both a quicker installation time and return on investment, have network management capabilities, and are field upgradeable in most cases. Initially we will have an email marketing initiative (via iContact email marketing platform) to all BuyBoard eligible entities in order to inform them of our new contract. We'll follow that up with social media notifications (Twitter, Linkedln, Facebook, YouTube, and Instagram), as well as a phone campaign, and will adopt our collateral and website to reflect the new contract. JTS' approach to sales/marketing is multi-faceted: - JTS has an sales and marketing team that has developed relationships over several years with many BuyBoard eligible clients. These sales team members call on these clients periodically to assess any current or future needs they may have. Furthermore, they cold-call on new potential BuyBoard eligible clients in order to establish a new relationship and assess needs. - JTS exhibits and/or attends annually multiple trade shows/conferences where BuyBoard eligible member entities have a presence. - Much of JTS' business comes through referrals. This is a testament to our reputation in the industry, and the quality of products and services we provide. - JTS maintains a website - www.jts.net -where we communicate an overview of our company and the products and services we provide, customer promotions, sales contacts, and a contact form where questions and quotation requests can be submitted. We recently added a section to our website for Government Contracts, and would put BuyBoard contract details there upon award. - JTS periodically sends out email marketing newsletters, promotions, and invitations through our iContact subscription. These go to our current and future client base, on an opt-in/opt- out basis, and all such contacts would reference our BuyBoard contract if awarded so that eligible entities could take advantage of it. - JTS also hosts periodic Lunch & Learns, with DFW area BuyBoard-eligible clients in attendance. These are often sponsored by one or more of our BuyBoard vendors. - JTS also participates and/or co-hosts webinars with our BuyBoard vendors being the presenters periodically. BuyBoard eligible clients are sent notices of content and how to register, and these webinars are free of charge. - JTS hosts live equipment demonstrations, at our facility, for BuyBoard-eligible clients. &UBoard kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, 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 notify Vendor or 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(A one of the following: ❑X NO, 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 Proposer's 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.) Proposal Forms COMM/SVCS v.01.12.2018 Page 30 of 65 &UBoard kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,com B. Copyright Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check(-v)one of the following: ❑X NO, Proposal (including forms, documentation, or other materials submitted with the Proposal)does not 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: (Attach addition/sheets if needed.) C. Consent to Release Confidential/Proprietary/Copyright 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. D.Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. 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. JTS C p ame Sig atur, f A t orized Company Official Kim Sheffler Printed Name 5/04/201 8 Date Proposal Forms COMM/SVCS v.01.12.2018 Page 31 of 65 &UBoard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn VENDOR BUSINESS NAME 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: Johnston Technical Services, Inc. (List the leaal name of the company seeking to contract with the Cooperative. Do NOT/1st an assumed name,dba,aka, etc.here. Such information may be,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 if affiliated entities, which,propose to,provide goods or services separately must submit their own Proposals.) Please check M one of the following: Tyne of Business: Individual/Sole Proprietor Corporation X Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Texas Federal Employer Identification Number: 752621300 (Vendor must include a completed IRS W- form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note. If different than 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 Certiflcate(s),if applicable,must be attached.) JTS Proposal Forms COMM/SVCS v.01.12.2018 Page 32 of 65 Form W'9 Request for Taxpayer Give Form to the (Rev.Department eeTreas Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Johnston Technical Services,Inc. N2 Business name/disregarded entity name,if different from above JTS CO C- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to c certain entities,not individuals;see O ❑Individual/sole proprietor or ❑ C Corporation © S Corporation ❑ Partnership ❑Trust/estate instructions on page 3 d c single-member LLC p g ) G Limited liability company.Enter the tax classification C=C corporation,S=S corporation,P= artnershi ► Exempt payee code(if any) �� ❑ Y P Y- ( P P P P) p i Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting in the tax classification of the single-member owner. code(if any) a c ❑Other(see instructions)/ (Applies to accounts maintained outside the U.S.) 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) a 5310 S.Cockrell Hill Rd. 6 City,state,and ZIP code Dallas,TX 75236 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(page However,fora _m _ resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for I Employer identification number guidelines on whose number to enter. M75 - 26 21300 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date► 5/01/2018 General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) &PBoard kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn EDGAR VENDOR CERTIFICATION (2 CFR 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 under 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 (sometimes 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 Vendors agreement and ability to comply, where applicable,by having Vendor's authorized representative complete and initial the applicable boxes and sign the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative will consider and may list the Vendors response on the BuyBoard as "N®,'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 USC 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. 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 member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay 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 member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). 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 Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms COMM/SVCS v.01.12.2018 Page 33 of 65 &PBoard kj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard,corn 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet 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 under 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. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable 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 of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdola ov. 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-Kickback"Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the 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 of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 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 subrecipient 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. Proposal Forms COMM/SVCS v.01.12.2018 Page 34 of 65 &UBoard kj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard,corn 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 contain a provision that requires the non-Federal 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. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 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. 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 ineligible 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 under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an 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 must 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). 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. 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, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms COMM/SVCS v.01.12.2018 Page 35 of 65 &PBoard kj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard,corn 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 recordkeeping and record retention requirements. Vendor Certification YES, I agree or Vendor'Certification Item No. NO, Ido NOT agree, � �Inifial 1. Vendor Violation or Breach of Contract Terms KS YES 2. Termination for Cause or Convenience KS YES 3. Equal Employment Opportunity YES KS 4. Davis-Bacon Act YES KS 5. Contract Work Hours and Safety Standards Act YES KS 6. Right to Inventions Made Under a Contract or Agreement KS YES 7. Clean Air Act and Federal Water Pollution Control Act YES KS S. Debarment and Suspension YES KS 9. Byrd Anti-Lobbying Amendment YES KS 10. Procurement of Recovered Materials KS YES 11. Profit as a Separate Element of Price KS 12. General Compliance and Cooperation with Cooperative Members YES KS 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. JTS 777� Sig atu of A t orized Company Official Kim Sheffler Printed Name Proposal Forms COMM/SVCS v.01.12.2018 Page 36 of 65 &PBoard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work') under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. 1. JTS has been in business for 30 years. In previous years, we've gone by the names "Johnston Technical Services, Inc." (our incorporated name), as well as "JTS Wireless." JTS is not currently for sale or involved in any transaction that would significantly alter its business or result in acquisition. 2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. 2. JTS has sales, business development, and operations personnel that are highly capable of supporting this fulfilling all aspects of this contract, including products, services, and technical support. I've attached an organizational chart that includes personnel that will be involved in supporting this contract, as well as project resumes for some of them. 3. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. 3. JTS is financially solvent, and our DUNS number is 191882836. Our bonding capacity is currently at $6M, and our insurance coverage limits are attached to this proposal. JTS has only had one owner (100%) in it's 30 years, and it's owner or officers have never been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the past 7 years. Proposal Forms COMM/SVCS v.01.12.2018 Page 37 of 65 &UBoard kJ U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn 4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. 4. JTS does not have any outstanding financial judgements, and are not at default on any loan or financing agreement. 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. 5. JTS has not defaulted on any contract of failed to complete or deliver work in the past 10 years. 6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. 6. JTS has had no such litigation or other legal proceedings in the past 10 years. By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. JTS Company Name Si atur of A t orized Company Official Proposal Forms COMM/SVCS v.01.12.2018 Page 38 of 65 N _ � N O N � � O � _ = O cn •y � O m > _ O E _ ca t � H N t � 0 cn N = _ LL = C o •- o V Y � ca O � � v � m � _ � C � ]E5 O o a � ca (D 0. 2 QO &PBoard kj U Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 - buyboard,corn REQUIRED FORMS CHECKLIST (Please check(v)the following) 0 Completed: Proposer's Agreement and Signature 0 Completed: Vendor Contact Information 0 Completed: Felony Conviction Disclosure and Debarment Certification 0 Completed: Resident/Nonresident Certification 0 Completed: No Israel Boycott Certification 0 Completed: No Excluded Nation or Foreign Terrorist Organization Certification 0 Completed: Historically Underutilized Business (HUB) Certification) 0 Completed: Construction Related Goods and Services Affirmation 0 Completed: Deviation/Compliance 0 Completed: Location/Authorized Seller Listings 0 Completed: Manufacturer Dealer Designation 0 Completed: Texas Regional Service Designation 0 Completed: State Service Designation 0 Completed: National Purchasing Cooperative Vendor Award Agreement 0 Completed: Federal and State/Purchasing Cooperative Experience 0 Completed: Governmental References 0 Completed: Marketing Strategy 0 Completed: Confidential/Proprietary Information 0 Completed: Vendor Business Name with IRS Form W-9 0 Completed: EDGAR Vendor Certification 0 Completed: Proposal Invitation Questionnaire 0 Completed: Required Forms Checklist 0 Completed: Proposal Specification Form with Catalogs/Pricelists Cztafogs/PrlceAs&�mu,stbe submItted with praposa/response or response%ui//not be ccrnsldered Proposal Forms COMM/SVCS v.01.12.2018 Page 39 of 65 L O ) 3 O = o w U) _� o � G o C a O a O U. 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Q 6 ' Z V \ ( ,. ° oC L w •2 Bra "m L K L. -0 ra E -W U Qi O W m m O L M ro �0 J .W 'E J 0 a L Z fo L L L + fC O O O O _ 4--+ d = U) to i O c CL ate' E- a) N 0 L E ro N f W C -00 Q 0 D O z a " V 4- V a--' J c\n W W 0 o O "." D O D O IL ra � zoo z � tj I co N JTS Price Table Supplement Item Number Short Description Full Description State Percent State Name of Exceptions to (%)of Discount Catalog/Pricelist Discount off Catalog/ Pricelist 4 Discount (%) Please state the discount (%) off 20% Cambium Includes PTP,PIMP, Off Catalog/ catalo /pricelist or Network Networks Price and ductscnR Products f N k g List 1 Products Products Pricelist for Hardware and Related Products only Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 10% Cambium Includes ePMP and catalo /pricelist for Network Networks Price Wi-Fi Products Only Off Catalog/ g List 2 Pricelist for Hardware and Related Products Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 45% Ceragon Price List Includes all radio Off Catalog/ catalog/pricelist for Network hardware,licenses, and accessories Pricelist for Hardware and Related Products Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 15% Ceragon Price List Includes all rd Off Catalog/ catalog/pricelist for Network antennas and Pricelist for Hardware and Related Products parry equipment Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 12% Cielo Networks Includes all radio / catalo /pricelist for Network Price List hardware, Off Catalog/g g antennas, Pricelist for Hardware and Related Products accessories,and Network (servers, routers, switches, equipment, extended Hardware and supplies, and related products). warranties.Does not include speed Related Catalog/Pricelist MUST be included or upgrade keys. Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 13% FiSci Price List Includes LTE / catalo /pricelist for Network Radios, Off Catalog/g g Accessories,and Pricelist for Hardware and Related Products spares Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 1 4 Discount (%) Please state the discount (%) off 3% FiSci Price List Includes warranties Off Catalog/ catalog/pricelist for Network only Pricelist for Hardware and Related Products Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 21% Radwin Price List Off Catalog/ catalog/pricelist for Network Pricelist for Hardware and Related Products Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 18% Radio Waves Price Off Catalog/ catalog/pricelist for Network List Pricelist for Hardware and Related Products Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 4% Redline Price List Includes all radio / catalo /pricelist for Network antennae, Off Catalog/g g antennas, Pricelist for Hardware and Related Products accessories,and Network (servers, routers, switches, equipment, extended Hardware and supplies, and related products). warranties. Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 15% Ruggedcom Price Off Catalog/ catalog/pricelist for Network List Pricelist for Hardware and Related Products Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 4 Discount (%) Please state the discount (%) off 15% Siklu Price List Off Catalog/ catalog/pricelist for Network Pricelist for Hardware and Related Products Network (servers, routers, switches, equipment, Hardware and supplies, and related products). Related Catalog/Pricelist MUST be included or Products proposal will not be considered. 2 7 ard Cooperative tiv Purchasing P 0.Box 400 Austin, TX 70767-0400 800,695.2919 / 512,467.0222 f Fax:800,211,5454 buyboar0.com December 6, 2019 Sent via email to: kyle.ful lerAmts.net Kyle Fuller Johnston Technical Services, Inc. (JTS) 5310 S. Cockrell Hill Road Dallas TX 75236 Re: Technology Equipment, Products, Services, & Software BuyBoard Contract 579-19 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Technology Equipment, Products, Services, & Software, Contract 579-19, effective January 1, 2019 through December 31, 2019, with two possible one-year renewals. At this time, we are renewing your contract through December 31, 2020. All discounts, terms, and conditions of your contract will remain the same. If you agree to this 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: Once a BuyBoard contract is awarded, vendors must generate a minimum of$15,000 annually or they may not be offered a contract renewal. Evaluations will be made annually, prior to the expiration date of the contract term, and the BuyBoard reserves the right to discontinue the vendor's contract at that time. Additionally, 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 connieeburkett tas .org. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, 7 Connie W Burkett, CTSBO Contract Administrator I �l� d r��srf frv�er�dr�'ra��f �ara.BadsArM,C daaladr°rfrve is dr°Bdua,r,cf d7y P'Bre rex as Assocd lon 010"c1l of l`3'sdad`s, TNxv lI uniara)nl P e�qus, arm Me T xa. AssoG,ia&jn of SchoolAdfnOjsfratms. O C) C) O O o o O O O O O o 'Ce) o C) o spry ka o m r` r` �r v c o 0 V O — N " aS r r t` cu CL o' L- Nor (» me Cl) a � N N N OL c) Y (n a o o '45 m a).Q. O N O C, X 0 N O O Q m N W c0 (If. 0 7 6 fh 'O m U) N O = 00 2 � a ti m S X U 0 N O Z Y L no L U O U a) z U � cn U O >+ O O '= C) O O m U - Z w as 3 a) O U � U C: a'S 3 a) n. a) coo o a) a- Q N m N p a w M.7 N O U z mU) O 0 C -0U) ( U c I- Cl) a) L 0 W T «7 O E O d ( p a) C fl- a) O O U_ C:) a) Z= �. a_ X N > 4-U a3 _ LO E -Q > a) co > O c C') _ p Z p U) N >+O U (D U v`- U) `- co m Ud' Z Q N a) p a) N Q 0 L co .� D_ a) w ti m -O.E L (_� O) 0 C n- L L (n > CA _0 E '� U) (n w m s O °� p a) (n N ca (n 0,0 O U m O O O ` C 4) O- CD 00 (63= M n s�C mo 4� U)� o i p �(DN La) 0� a a) co . � -0 oo X � d) p C O JJU O E O LU U m<` U m=T O o� C > r~ OH Ocoo Y � 0 :3o >. o Ln COhoo = O mCC� o �Uc.NU)z LOC,' c m2 E ? E2o0 a) c, o Urn)ZU � om ccUaQM M O U a) p CO U)i m a)OO m � o� _ c � _ � m n r co O CO O L p �= >- QQ c m U,iz Fo FL {-I- I- 0 a 0 n`_ CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-636708 JTS Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/25/2020 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. JTSQ9433-01 Professional Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Emerick,Thomas Dallas, TX United States X Fuller, Kyle Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Thomas Emerick and my date of birth is My address is 5310 S. Cockrell Hill Road Dallas _TX,— 75236 —,-USA--. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of_ Texas on the 25tl1lay of June 20 20 (month) (year) Signature of authorized agent of contracting business entity (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: July 13, 2020 SUBJECT: Approve Fiscal Year 2019-2020 purchases for hardware, software licenses, and professional services from Rackley Services, LLC. for a total combined amount not to exceed $65,750 utilizing The Interlocal Purchasing System (TIPS) Cooperative Contract No. 18020401. PRESENTER: Bob Weakley, Interim Director of Information Technology SUMMARY: In the 2019-2020 fiscal year adopted budget, funding was approved for the purchase of hardware, software licenses, and professional services for the security camera and door access control systems. The amount spent fiscal year to date is $28,975. This request is to continue purchasing from Rackley Services, LLC, through the end of this fiscal year for a total amount not exceed $65,750. GENERAL DESCRIPTION: Camera equipment, software licenses and professional services have been purchased from Rackley Services at different times throughout this fiscal year. Additional purchases from this vendor are required resulting in the cumulative total amount that will exceed $50,000 by fiscal year end. Door access keypads, time lapse cameras, security camera replacements, installation services, software licenses, and maintenance are some of the specific purchases that may be required this fiscal year. Various departmental approved operating budgets are funding these purchases. Rackley utilizes TIPS Cooperative Purchasing Program. By participating in this program, the city is meeting all state competitive bidding requirements for these purchases. The Local Government Code states purchases made through a cooperative purchasing agreement satisfy any state law that would require the city to solicit competitive bids. Participation in this program would be cost effective to the city. RECOMMENDATION: Approve Fiscal Year 2019-2020 purchases for hardware, software licenses, and professional services from Rackley Services, LLC, for a total combined amount not to exceed $65,750 utilizing The Interlocal Purchasing System (TIPS) Cooperative Contract No. 18020401 . 4845 US H Pittsbur3,, TX 75686 www.tips-usa.com 866-839-8477 tips@tips-usa.com April 27,2018 C and R Services Rackley Services LLC Ron Rackley 5751 Kroger Drive #227 Keller, TX 76244 RE: TIPS Awarded Contract— Fire Safety and Security Solutions TIPS Contract Number—18020401 CONTRACT AWARD Congratulations! This award is for a non- JOC agreement award or a Part 1 ward on a two part solicitation. The Interlocal Purchasing System (TIPS)Board of Directors of Region 8 Education Service Center has awarded a Agreement to C and R Services Rackley Services LLC for Fire Safety and Security Solutions. This Agreement will be in effect from 04/26/2018 through 04/22/2021. CONTRACT ADDITIONS or UPDATES Only goods and services awarded can be sold through this Agreement. If you need to change pricing pursuant to the RFP terms and conditions or add products that are considered components of the awarded category, email the products, pricing with discount offered, to the TIPS office at ti s ,tips-usa.com. Discount on new items in the catalog must comply with the minimum discount proposed in the original proposal. RESELLERS or DEALERS As an Awarded Agreement Holder, you may list Resellers or Dealers to your Agreement. The Awarded Vendor Agreement Holder is responsible for reporting all Reseller Sales to TIPS. Resellers are only allowed to sell the items included on the Awarded Vendor's Agreement. If you need to add Resellers/Dealers to your Agreement, please contact the TIPS office at ti SOtips-usa.com.You may also give your Resellers/Dealers this document outlining the correct purchase process they need to follow REPORTING OF SALES TIPS Sales MUST be reported each MONTH. Certain information is REQUIRED with the submission check, and can be sent along with the check or in an email to our Accounting Team at accounting, tips-usa.com. A sales reporting template is available, to request the current reporting template or for questions regarding reporting of sales, contact the Accounting Team at accountin ,tips-usa.com. As a part of the TIPS accounting procedures, we will send out a statement of Open PO's every 90 days. PROCESSING PURCHASE ORDERS Awarded Vendors MUST direct TIPS members to email all PO's to ti]2s]20 ti]2s-usa.com. The TIPS office will validate purchase orders and forward to you, as the Awarded Vendor for processing. The Member will receive an email confirmation of the PO approval and a link to print a letter of authorization for their files. If you have been notified by TIPS, you may be eligible for an "Automated Agreement" which means you have an e-commerce site and take internet orders. Automated vendors must sign extra documentation accepting responsibility for sending sales to TIPS for all collected TIPS Sales. You may view a quick reference purchase process detailed here. VENDOR WEB PAGE REVIEW Please, take a moment to review the information posted for your company on the TIPS website. • Go to www.tips-usa.comwww.tips-usa.com •Hover over Contracts • Click on All Vendors • Navigate to the Alpha Folder for your Company Name • Scroll through the vendor list and find your company • Click on your company name • Click through the individual tabs of your vendor profile page to confirm all your contact information is correct. Notify the TIPS office at tiQS0,tiQS-usa.com if changes need to be made to your vendor profile. VENDOR LOGO If you would like to have your company logo displayed on your vendor page, please email your logo to TIPS at ti s ,tips-usa.com. Format: (7PG—350 x 350 Pixels—White or Transparent Background Color—Your logo does not have to be square; it has to fit on a 350 x 350 square space) SETTING UP VENDOR LOGIN AND PASSWORD FOR TIPS Individual Awarded Vendors must set up their own TIPS Login and Password. Here are the instructions: 1. Go to www.tips-usa.com 2. Hover over"Vendors" and click on"Vendor Login" 3. Click on "Reset Password" link 4. Enter your email address in both boxes, click"Send" 5. You will receive a system generated email with a"reset" link, a. Click on the link in the email to complete the setup Not all information can be changed by the vendor. If you are not able to update information, notify the TIPS Team at ti s ,tips-usa.com to request the changes. Some changes may require Board Action through an Addendum to the Vendors Contract. (i.e. name change, product changes, pricing, etc.) To access a user's guide for the TIPS Vendor Portal, click here. CERTIFICATE of AWARDED CONTRACT N, 011lllufn ij Awards C and R Services Rackley Services LLC for Fire Safety and Security Solutions Contract No 18020401 Dr. David Fitts Executive Director Region 8 ESC ES Visit w.tiDs-usa.com for details on this Awarded Vendor TIPSVENDOR AGREEMENT Between R*Cw�,4y Mstxvleej "C ho C*j,0 ,R. sre-vie-c-5 and (Compariy Name) THE INTERLOCA,L PURCHASING S STEM (T'IPS) For RFP 180,204 dire Safety and Security Solutions General Information The Vendor Agreement ("Agree me nt") made and entered into,by and between The Interlocal PUMhask1g,SyStelll (hereiriafter referred to as "TIPS" respectfLMy)a goverrit'nent cooperative purchasing program aUthorized by the Region 8 EdUcationj Service Center,having its princillpal pilace of busnness at 4845 US Hwy 271 North, Pittsburg,Texas 756861.This Agreement consists of the provisions,set forth below, irickiding,provisions of ail Attachnients referenced herein. In the event of a conflict between the provisions set forth,below and those contained in any Attachment, the provisions set forth 441i control, The vendor Agreernent sha]p include and incorporate by reference this,Agreement,the terrns arid conditions,specW ternis and conditions, any agreed upon annendrnerits, as well as aip of tile sections of the soficitation as posted, including any addenda and the awarded vendoir's proposaL a nce signed, rf an awarded vendor's proposal varies or is uriclear in any way from the TRS Agreenlent, TIPS, at its sole discrieflon, wifl decide which Provision wM prevaiL Other docurnerits to be included are the awarded veindor's proposais, task orders, pUrchase orders and any adjustments which have b(.,n�ei,r) issued, If devhanom are subrnittedto'TIPS hay the proposiing vendor as provided Iby and within the sofi&atiori process,,this Agreement inrna Ibe amended to rncorporate any agreed deviadons. The foliowing pages WU constitute the Agreenient between the successful vendoirs(s) and'T]PS, Bidders shall state, un a sq,)arate writing, and, incIude with their proposal response, any required exceptions,or deviatlions from these terrns, condR:ions, and specificadons, If agreed to by TIPS, they MI be Incorporated into the final Agreement, A PUrchase Order, Agreen'ierit or, Contract is the TIPS Mernber's approval, provi&,ig the authority to proceed witl i the negotiated delivery order under the AgrPerrient. Splecial terrns and conditions as agreed to between the vendor and'TIPS Merriber shoWd be added as addendurns to the Purchase Order, Agreen'ient or Contract. Iterris such as certificate of insurance bonding requirements, smali or disadvantaged business goals,are siorne of the addendUrns possible. Page 1 of 12 TIPS VFND()R ACORTENIENT Ver.p 0 192017xpo Terms, and Condlitions, Freight All qUotes to rnenibeirs shall provide a line itern for cost for freight or shipping regardless if t1here is a charge or not if no charge for, freight or shipping, indicate by stating "No Charge" or "$0" or other similar indication, Otherwise, all shipping,freight or delivery changes shall be passed through to the TIPS Mernbeir at cost witl'-i no ffiarkLip and said charges shall be agreed by thei TiPS Men'tber. Warranty Conditions AH new supplies equipment and services shall include manufacturer's r1lirliMU1111 standard warranty unless otherwlse agreed to in writing. Vendor shall be legallly permitted to sell, or an authorized dealer,, distributor or manufacturer for all products offered for sale to WS Members. All equipryient proposed shall be new unless clearly stated in writhi)g. Customer Support 'The Vendor shall provide timely and accurate customer support to 'l-lP5i Mernbeim "vendors shall respond to such requests wi'Nn one (1) working day after receipt of the request, Vendor shall p,rovi,de trainiing regarding products and services supplied by the'Vendoir urfless otherWiSe clearly stated in writing at the Urne of purchase, (Unless training is, a line item sold or packaged and MUSt be purchased with product.) ,Agreements All Agreements and al,gr,eeiments between Vendors and TIPS Mernbers shall strictly adhere to the statutes that are set forth in: the Uniforn'l Comr,niercial Code as most recently revised, Agreements for purchase will r*rrnaHy ble put into effect by means of a purchase order(s) executed by authorized agents of Lhe participating goverrit'nent entities,. Davis, Bacon Act requirements willl be met when Federal Fur-ids are used for coinstruction andh,.)r repair of buildings. Tax exempt status A taxable item sold, leased, rented to, stored, used, air consumed by any of the f6lowing governmental er-Affies, is exempted from die taxes imposed by this cihapter (1) the United States; (2), an unincorporated instrumentality of the United States; (3) a coirpicrat"won that is an agency or it'istrumentality of the United States and, is wholly owned by the United States or by another corporation M'iolly owned by the United States;( )' the State of Texas; (5), a Texas county, city, special district, or other political SLAbdivision; or (6) a !state, or a governmental unit of a state that borders,Texas, but only to the extent that the other,state or governmental unit exempts or does not in'upose a tax on, similar sales of items to this, state or"a political subdivision of thls state. Texas Tax Code § 151,309. Most TlP'S Members are tax exempt and the related laws, of the jurisdiction of the TIP'S Member shall apply, Page 2 olf 12 1'111 A6RFFN11','N t Ver M N2M Trp Assignments of Agreements No assigniment of Agreement rnay be niade without the prior written approval of TWS. Paw nent cain only be made to the awarded Vendor or vendor assigned cornplany, �Dlisclosures 1, Vendor affirms that he/she has not given, offered to give, nor Intends to give at ainy time hereafter any econornic opportunity, future ernplOyMent, gift, loan, gratUlty, special discount, trip, favor or service to a I)Ubhc servant in connection with this green; ent, 2, Vendor- shall attach, in writing,, a complete descriptJon of any and all relationships that might be considered a conflict of interest in doing business with Members, in the,TIPS program, 1 The vendor affirms that, to the best of his/her knowledge, the offer has been arrived:, at independlently, and is submitted without collusion with anyone to obtain information or gain any favoritism that wotfld in any way limft competition or give an uinfapr advantage over olther vendors, in the award of this Agreement. Renew,a] of Agreements The Agreement with TIPS ls for one (3) year with an option for renewal for addi6onal, one (1) consecutive year. Total term of Agreerrent can, be up 'to the nurnber of years pirovided in the solicitation, if sales are reported through the Agreemerit and both parties agree. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Narned in t�his,Agreement. No Agreernent for g'oods or services with a WS M bly ernber � the awarded vendor narned in this Agreerneint that results from the sokitation award nari,ied in, this Agreeffient, rnay incorporate an autornatic renewal clause with which the TiPS Meaiber must comply. All renewal terryls incorporated in an Agreeirnent by the venclor witl-n the TIPS Member shali onpy be vapid and enforceable when the vendor receives written confirMation by purchase order or exeCLA�ed Agreement issued by the TWS Member for any renewal period. The purpose of this ckiuse is to avoid as TIPS Member inadvertenfly renewing an Agreeinient during a period iri which tl-ie ,governing body of the flPS Mernber has not properly appropriated and budgeted the funds to satisfy the Agreernent reriewal. This terim is not negodable and any Agreement between a TIPS Member and a TIPS awardedi vendor with an awitornatic renewal c ause that conflicts wIti'l these te,rnis is rendered void and unenforceab1e, Shipments The Vendor shall ship ordered products within a coinirnercWly reasonable time after the rec6pt of the order. If a product cannot be s,hipipled within; that tk,rie, the Vendor shall notify TIPS and tries requesting entity as to why the product has not shipped and shaH provide an estimated Page 3 of 12 FIFIS VENDOR AGRI`E M F NT shipping date, if apiplicable, TIPS or the requesting entity rnay cancel the order if estimated shipping tfirnei is not acceptable. Invoices Th:e awarded vendor shaii SUbmit invoices or payrrient requests to the TlPS, Mernber participlating entity ciearly stating "Pier TIPS Agreement 9 xxxxxxx. Each invoice or pay request shall, include the TIPS Member's purchase order number or other identifying designation as pirovided in the order by the TIPS Member, If applicable, the shipment tracking FlUrnber or pertinent Information for'verification, of TlPS Member receipt shall be rnade available upion request. The Vendor or vendor ass�igned dealer shaH riot invoiice for partial shipriner-rts unless ,agreed to in writing in advance by TIPS and the TIPS IMeunnber, Payments, The-1-1PS I'Vir will make payments directly to the Vendor oir vendor assigned dealer at net 30 days after receMng Invoice or in compliance with appkab e statute, Whichever is the Ilessor tirne or as otherwise provided by an agreement of the parties, Pricing The Vendor agrees to provide pricing to TIPS and its participating goverinrnental entities, that is at least equal to the lowest pricing available to like cooperative purci,iiasing,customers and the prk:iing, sill-iiall remain so thr-OUghOUt the duration of the Agreement, Price increases will be honored according to the terrns of the sollicitatiori. However, the Vendor shall honor previous prices for thirty (30) clays after written notification to TIPS of an nrncreease, All pricing submitted do TIPS shall hncWde the parflicipation fee, as provided In the solicitation, to be remitted to TIPS by the Vendor, Vendor will not 51,-iow adding the fee to the invoice presented to custorner, Failure to render the participation fee to TIIPS,shaH constitute a breach of this agreement and shall be grounds for termination of this agreen'ient and any other agreernent held with TIP'S,. Participation Fees vendor or vendor assigned dealer Agreements to pay the parft pation fee for aU Agreenient sales to TIP', on a rnonthly scheduled report., Vendor must login to the TIPS database and Use the "Submission Report"' section to report sMes, "Thee i Vendoir oir vendor asslgried dealers are responsible for keeping, record of all sales that go through the Tll.')S Agreement. Failure to Pay the Participation fee will result in terrn4iation of Agreenierit. Please contact'TIPS at tips@tips- usaxorn or call (866) 8,39-8477 if you have questions about paylng fees,, Page 4 of 12 HPS Vf',NE)OR AGREEMENT e'er.r 0 r 020 r Trp Indemnity Thie Vendoir agrees to indernnify and hold f-uirrnless and defend TIPS, TIPS Mernber(s), officers and ei'Tlpiloyees from and against all claims and s,uits by third parties for damages, HIJUnes, to persoris (including death), property'damages, iosses, and, expenses including Court costs and ireasonabie attorney's fees, arising out olf, or resulting fron'i, Venclor's work Under this, Agreement, including all such causes of action based up Otl corninon, constitutional, or,statutory law, or based in who�e or In piairt, Upioni allegations of negligent or intentiorW acts on the part of thin Vendor, its officers, emipioyees, ageiltS, Subcontractors, licensees, or invitees. Vendor further agrees to indemnify and hold harmless and defend TIP'S, TIP'S Mernber(s), officers and employees, frorn and against 0 clairns and suits by third parties for injUrIes (hlClUding death) to an officer, ernpi1oyee, agent, subcontractors, supaplier or equipment lessee of the Vendor, arising out of, or resulting frorn, Vendor's work under thiis,Agreen-went whether or not such dlairris are based in part upon the negi[igeint acts or ornIssions of the TiPS,, TIPS Meirrnber(s), officers, einipi]oyees, or agents. Multiple Vendor Awards TIPS reserves, thin right to, award rnuitiplie v ndor Agreements,for categories w[-ien deerned in the best interest of the TIPS Membership, Bidders scoring the solicitation's s,pecified niininlUrn score or above will be considered 'for an award, Categories are established at the discretion of TIP& State of Texas Franchise Tax By signature hereon, the bidder hereby certifies that he/shin is r10t currently deIinquent In the payment of any franchise taxes,owed the State of TeXaS Under Chiapter 17'1, Tax Code. Miscellaneous 'The Vendor acknowledges and agrees that continued participation In TlPS IS, SUbject to TIPS, s,ole discretion and that any Vendor may be removed from the participation in the Prograrn at are time with or wIthout CaUse. NothIng in,the Agreement or in arry other cornaiuniciation between TIPS and the Venclor may be COnStrUed as a guarantee that WS Menibers wHII subrnft any orders at any tirne. TIPS reserves the right to reqUest additional proplosals fear iten"IS, or services already on Agreernent at any time. Purchase Order Pricing/Product Deviation if a deviation of pricing/product on a purchase order air contract modification occurs, TiPS is to be notified within 48 hours of receipt of oirder. Terimiiniation for Convenience TIP'S reserves, the right to, terminate this agreement for cause or no cause for convenience with, a thirty-dawn written notice.Termination for conveinience is required under Federal RegiLdations Page 5 of 12 I I F'S \1 FIN DO R A Ci R F"FAI FN T 2 CFR part 200, All purchase orders presented to the Vendor by a TIPS It ernber prior to the aCtUaI teniiinatilon of this, agreernent shall! be honored at the option of the TWS Mernber, 1'he awarded ver-ndor may terrninate the agreeinent with ridnety (90) days written notice to TIP''S 4845 US Hwy North, Pittsburg, Texas 75686, TIPS M�ember Purchasing Procedures Purchase orders or their equal are issued by participatlng TIP''S Mernber to the award vienclor dncficadng on the PO "Agreernent NUmber". Order is en'iaded to TlPS attipspo@flps'-Usa.cotn, • Awarded vendor delivers goods/services directly to the participating iniember, • Awarded vendor invoices the pairticiplating TIPS Nlernber directly. • Awairded vendor receives, playnient directly from the participatirig rnernber. • Awarded vendor reports salles rriontl'fly to,TIPS (Un]ess prior arrangements have beer) rnade with TIPS to report rnonthly). Form of Agreement If a "vendor subn'-iitting an Piropo4 reqUires TIPS and/or T'lPS Merr'rber to sign an additional agreenient, a copy of the proposed agreement must be included with the proposal, Ire responsetO SUbmitted supplemental Vendor Agreernent dOCLIments, TIPS will review proposed vendor Agreement docurrients, Vendor's Agreement (JOCUment shall' not becorne part of TIPS's,Agreement with vendor uinless and until an authorized rep liresentative of WS reviews and approves it. Licenfs,es Awarded vendor shall inaintain in current status alb federal, state and docal licenses, t,.)onds and pert'nits required for the operation of the business conduct d by awarded vendor, Awarded vendor shall rernainfUllyk-ftnTied of and in coaipliance with all ordinances and regWations pertalning to the IaWfLd provision olf services Under the Agreen'ienL, TIPS reserves the right to stop work and/or cancel Agreernent of any awarded vendor whose kense(s) expire,, lapse, are siusp ended or terniinated. Novation If awarded veridor sells or transfers all assets or the entire portion of the assets used to perfonn this Agreement, a SUccessor iir� interest RIUSt guarantee to perforn,i all obligations undier this Agreerneint. TICS reserves the right to accept or reject any new party. A sirnple change of name agreement will not change the Agreemeint obligations of awarded vendor, Site Requirements (whein applicable to service or job), Cleanup: Awarded vendor.shall clean up and rerriove all debris and rubbish 1'eRdting from their work as required or directed by flPS Mernbeir, Upon cornpletiori of work, the pret'niises shall, he left ln good repair and an orderly, neat, dlean and Unobstructed condition. Page 6 of 12 ]WIS VENDOR ACiRUN41"NT Ver%M I 11)2017 rp Preparation warded vendor shaH niot begini a project for which TIPS Meniber has neat prepaired the site, urfless awarded vendor does the preparation work at no cost, or Ul"Itil"flPS Awe ernber 4icludes the cost of site preparation in a purchase order. S6t�e preparation includes, but Is not Hin,irted to, moving furniture, installing wMing for neitworks or power, and simHar pre-in,st�aIlation requirements. Registered sex offender restrictjoins: For work to be performed at schools, awarded vendor agirees that no ernployee of a sub-contractor who has been adjudicated to hie a registered sex offender will perform work at any time whien StUdents, are, or reasonably expected to ble, present, Awarded vendor agrees that a violation of this condition shall be C0115idered a material, breach aind may reSUlt i�n the cancellation, of the purchase order at the TIPS Member's discretion. Awarded vendor h1USt ildentify any additional costs associated Mth cornpiliance of.this teNT1. If no costs are specified, conipliance with this term will be pirovided at no addition,41 charge. Safety rneasures warded vendor s1hah take all reasonable precautions for the saflety of employees on the worksite, and shall erect and piroplerly iraainatain all necressary safe guards ,for protection of workers and: the I)Ubllic, Awarded vendor shall post warning signs, against ,:all hazards created by the operation and work in progress, Proper, precautions shall be talken pursuant Loi state law and standard practices to protect workers, general public and existing structures from injury or darn age.. Smoking Persons workhIg Under Agreernent shall adhere to local smaking polkJes, Smoking will onlY be permft,ted in posted areas or off: piremises. Ma,rketing Awarded vendor agrees, to alilow'TIPS tO Use their name and la i within website, r-narketing niatenals an id advertisement, Any use o(TIPS name and pogo or ainy form of publi inclusive of press release, re ,,carding,this Agreement by awarded vendor must have prior approval from TIPS, Supplemental agreements The 'TIPS Member entity, participating in the TIPS Agreer,wlent and awarded vendor may enter into a separate supplen-rental agreernent or,contract to further define the level olf service requirements over' and abovethe minimurn defined in this,Agreement i.e. invoice requirernents, ordering requirernents, specialized dellivery, etc, Any suppiernentai agreement or contract developed as a resift Ofthis Agreernent is exc[Usivety between tfie participating entity and awardedvendof% TIP'S, its agents, TIPS Men,ters and employees shall not be n'°iade party to any claim for breach of such agreement, Pa,g,le 7 calf 12 APS VFND()R AGREI`N4F1,,N1 Ver,101 t 970 q 7sp Survival Clause All applicable software license agreements, warranties or service agreernents that were entered into between Vendor and CUStorner under the terms and conditions of the,AgreeryierM shiW survive the expiration or terrnination! of the Agreement. All Oirders, Purchase Oirders issued or contracts executed by TIPS or a TIPS Member and accr pate ' tiny the Vendor prior to the expiration or termination of fl-fls, agreernent, shaH survive expiration or termination of the Agreernent, subject to previously agreed terrns and coniditions agreed, by the parties or as otherwise specified herein relating to termifiation of this, agreemerit. Legal obillgations It is the responding vendor's responsibility to be aware of and cornply with all local, state and federal laws governing the sale of prod Licts/services, identified in, this Solicitation and any awarded Agreenient thereof, Appllcab]e laws and regulatioris R)Ust be followed even if not specificaMy Weritified hereiin. Audit rights Due to,transparency statutes and P'Ublk accountability reqUirenients of TIPS and TIPS Members', the awarded Vendor shall, at their sole expense, maintain appropriate due dfligence of all purchases made by "TIPS Mernber that utilizes this Agreement. TIPS and Region 8 ESC each reserve the rght to audit tl,,iie accounting of TIPS related purchases for a period of three (3), years fron'i the tin"ie sucl'i purchases are made. This audit right shall survive ten-nination of this Agreen`ient for a period of one (1) year from the effective date of terry-dnation, in order to einsure anid confirnn compliance with this,agreen'-ient,TIPS, shall have authority to conduct random audits of Awarded Vendor's pricing that is offered to TIP'S Mernbers, Notwithstandlrg the foregoirig, in the event that TIPS is nliade aware of any pricing being offered to eligible entities that is rnateriaHy inconsistent with the pricing uncleir this agireernent,TIPS shall have the abiky to conduct the audit internally or rnay engage a third-party auditing firm to lrivesQate any possible nori-complying conduct, In the event of an audit, the requested rnaterials shaH be reasonably provided in the format and at the localJon designated by Region 8 ESC orTIPS, Force Majeure If by reason of Force Majeure, either party hereto shall be rendered Unable MI-milly oir in part to carry OLA its obligations under this Agreernent there such party shall give notice and fully particuiars of Force Majeure in writing to the other party withiin as reasonab tinie after occu.,urrence of the event or cause relied Upon, and the obligatiori of the party giving such notice, so far as it is affected by SUch Force Mlajeure, shall be susper-Wed duririg the continuance of the inabHity then claimed, except as hereinafter provided, but for no, longer period, and SUCII party shall endeavor to remove or oveircorne such inability with all reasonable disp,aatch �Page 8 of 12 11PS VENDOR AGRIIN111"'NT Ver H)1920fTrq,i Scope o rices The specific scope of work for each, jolb shall be detert7lined in advance and in writing between TIPS Meniber and Awarded vendor. It is permitted for the TIPS Mernber to provide as general scope, blut the awarded vendor should proOde a written scope of work to the TAPS Member as, part of the proposal, Once the scope of the job is agreed to, the TIPS Mernber will issue an Puircl,�ase Order and/or an Agreement or, Contract and/or-an Ag'reern w e,ent ith the estimat referenced as an attachment aloing wO required bond and any other special, provisions,agreed to for the TIPS Member, If special terms and conditions other than those covered within this, sohcitation and awarded Agreements are required, they wHl ble attached 'to the PUirchase Order' and/or sari Agreement or Contract and shalI talke precedence over those in the base FlPS Vendor Agreeirrient. Project Delivery u rdeir Procedures The TIPS Member having approved and signed an inter locaI agreement, or other TIPS Mernbership, docuii'Tnent, may make a reques,t of the awarded vendor under tliis Agreement when the TITS Member has services,that rieed to be Undertaken. Notificatiori may occur 0a phone, the web, email, fax, or in person, Upon notification of a pending request, the awarded vendor shall make contact with the TlPS Member as soon as possible, bUt rrust make contact with the TIP,S Member wfthin two working days. Scheduifing of Projects Scheduling of projects (if applicable), will be accomplished when the TIPS Member issues a purchase order or other docuRient that wiII serve as "the notice to proceed". The period for the delivery order will irWUde the rnoNization, rnaterials purchase, installation avid delivery, desugn, weather, and site cleanup and hispection. No additional clainns rnay be niade for delays as, a result of these items. When the tasks have been corripleted the awarded vendor sha,H notify the client and have the TIPS Mernber inspect the work for acceptance Under the scope and tern,is in the PO, The TIPS Mernber will ISSUe in writing any corrective suctions that are requn red, Upon cornpletior-i of these iten,rs, the TIPS, Member wiH issue a completioni notice arid finall playment will Ibe issued. Support Requirements, If there is,a dispute between the awarded vendor and TIPS, Mernber, TIPS or its representatives will assrst in conflict resolution or third party @rnandatory mediation), If reclUested, by elthe-r party, TIPS, or Rs representatives, reserves the right to inspect any pirojecL and audit the awarded vendors T[PS project files, docurnentation, and correspondence. Incorporation of Solicitation The TIPS Solicitation, whether as Request for Proposals, the Request for Corripetitive Sealed Proposals or Request for Qualfficadons solicitation, the Vendor's response to sarne and aH associated doclurrients arid fornis rnade part of the solicftation process,, including any adderida, P,age 9 of 12 TIPS VENE)OR AGREUMEXI Ver 10 1920 1 7q-,i thait resufted in the execution this agreeffient are hereby incorporated by reference into this agreement as if coped verbatiffl, SECTIO,N HEADERS OR T1ITLES THE SECTON HEADERS OR, TrrLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATQN OR LIMITING OF THE RESPONSIBILITIES OF THE PARTIES TO, THIS DOCUM ENT, NEW STATUTORY REQUIREMENT EFFET]VE SEPTEMBER, 1, 2017, Fexas governmental entities are prohibited from doing business with companies that fafl to certify to this condItIon as reqUired by Texas Govertirneint Code Sec. 2270, By executing fl'-fls agreen'iant, you ceirtify that you are aUthorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott lsrael duririg the term of the Agreernent. You cler-tify that your company is not listed on and we do not do bus,iness with corn painies that are or fl'-ne Texas Cornptroiler of Pc,bhc AcCOLAI'AS list of Designated Foreign Terrorists Organizations per Texas Gov't Code 22701,01153 found at hittps://CO M ptrol ler,texas,gov/pr-u rchalsing/docs/f ore ign-teirrorist.pdf You certify that if tiro certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIP'S within 1 business day of the change by a letter on YOUir letterhead frorn an authorized representative of the Vendor stating the non- compijance decision and the TIFFS Agreement Mlrnber and descriptior-1 at: Attentlojn General COLR)sO ESC Region 8/'rlie Inter ocaI Purchasing System (TINES,) 4845 Highway 271 North PittsbUrg,TX,75686. And hay an effMilll sent to Page 10 oft 'FIPS VENDOR AGREIENIENJ Vei%i 0 1920 1 Trp Special Termis and Cionditions, It is the intent of TIPS to award to rei high perforrinance vendors to supply products and services to governmeint and edUcational agenci s. R is the experience of TIPS tl'iat the foHowing proceduries, provide TIPS, the Vendor, and the participating ageincy the inecessary support to facilitate a rnUtUally beneficial reRatjonship. The specific procedures w,ill be negotiated with the successful vendor, * Agreements: AH vendor Purchase rders and/or Agreerneints/Contracts must be erralled to TIPS at tipspc)@flps--us@,corn,, Should an agency send an, ordler direct to veindor, it is the vendor's responsibility to forward the order to TIPS at the ernall above within 24 business hOUrs and confirim Its receipt with TIPS, * Promotion of 8ZEtemen : It is agreed that Vendor will erICOUrage all eligible entities to pUrchase from the TIPS Program. ICricouraginn entities to Purchase directly froirn the Vendor and not through TIPS Agreeii'Tlellt is a violation of the terms and conditions u f this, Agreement and will result In riemoval of the Vendor frorn thin TIPS Prograryl. * DaLly Order Confirmation: All Agreernent purchase orders will be approved, clad y by"TIPS and sent to vericlor. The vendor must confir-irn recei of orders to the TIPS Mernber (custorreir) w0in 24 IbU.Shness hours. * Venid r cuistomi we sit for TIP : If Vendor is hosting a CUStOM TIPS website, there updated pricing Must be pos,ted by V of each rnonth. Is Back Oridered Prqducts. If product is, riot expected to ship within 3 bi.usiness days, customer is to be, notified wlthin� hours and appropriate action taker based: on CLMOMEM' requiest, Paige 12 of 12 will be the TIPS Vendor Agreement Signature Page P'age 11 o,f 12 I RIS VENDOR M j R E F",N4 1"N'T V e r.g 0 192 0 g 7,rp TIPS Vendor Agreement Signiatu e Form RFC' 180204 Fir fety and Security SOILRiMIIS Company Nan,-ie Riackley Services LLC Dba C and R Se ices A,ddres,s 201 N FM 156 .................... ... Justin TX 76247 Oty, at Phone 21 -9106-4897 Fax 8,17439-6817 EmaH of AUthorized Representative roln@lcanidrser vices.bliz Narne of Authorized Representative Ronald Rackley TideManaging Memebr Signature of:Authorized Representative Da Le 3-1:4-2018 TIPS Authorized Representa,bve Narne Meredith Barton Title Vice-President of Operations T�PS Authorized Rep resenta dve Sigriatu re Appiroved by ESC Regg�w to 4/26/18 Page 12 of 12 The Interlocal Purchasing System (TIPS Cooperative) Supplier Response Bid Information Contact Information Ship to Information Bid Creator Rick Powell General Address Region VIII Education Address Counsel/Procurement Service Center Compliance Officer 4845 US Highway 271 Email rick.powell@tips-usa.com North Contact Phone (903) 575-2689 Pittsburg, TX 75686 Fax Contact Kristie Collins, Department Contracts Compliance Building Bid Number 180204 Specialist Title Fire Safety and Security Floor/Room Solutions (2 PART) Department Telephone Bid Type RFP Building Fax Issue Date 2/1/2018 08:03 AM(CT) Email Close Date 3/16/2018 03:00:00 PM(CT) Floor/Room Telephone +1 (866) 839-8477 Fax +1 (866) 839-8472 Email bids@tips-usa.com Supplier Information Company C and R Services (Rackley Services LLC) Address 201 fm156 Justin,TX 76247 Contact Ron Rackley Department Building Floor/Room Telephone (214) 906-4897 Fax (817) 439-6817 Email ron@candrservices.biz Submitted 3/16/2018 08:07:10 AM(CT) Total $0.00 By submitting your response,you certify that you are authorized to represent and bind your company. Signature Ronald Milton Rackley Email ron@candrservices.biz Supplier Notes Texas Private Security License numberB16989 Bid Notes This solicitation is for security and fire safety solutions for facilities. It is a 2 part solicitation that incorporates a construction component in Part 2 for installation of the fixtures that TIPS members may consider a public work and include wiring or plumbing. Many of these projects require engineering but engineering is not permitted by law to be procured through this solicitation process and the TIPS Member may be required to engage independent engineers for design and/or review of the project. Bid Activities 180204 - C and R Services (Rackley Services LLC) - Page 1 of 18 Bid Messages Bid Attributes Please review the following and respond where necessary # Name Note Response 1 Yes-No Disadvantaged/MinorityM/omen Business Enterprise- No D/MM/BE (Required by some participating governmental entities) Vendor certifies that their firm is a D/MM/BE? Vendor must upload proof of certification to the "Response Attachments" D/M/WBE CERTIFICATES section. 2 Yes-No Historically Underutilized Business-HUB(Required by No some participating governmental entities) Vendor certifies that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/ or in a HUBZone as defined by the US Small Business Administration at https://www.sba.gov/offices/headquarters/ohp Proof of one or both may be submitted. Vendor must upload proof of certification to the "Response Attachments" HUB CERTIFICATES section. 3 Yes-No The Vendor can provide services and/or products to all 50 No US States? 4 States Served: If answer is NO to question#3, please list which states can TX be served. (Example: AR, OK,TX) 5 Company and/or Product Description: This information will appear on the TIPS website in the C and R Services-Electronic company profile section, if awarded a TIPS contract. (Limit Security/System Integrator/Video 750 characters.) Surveillance 6 Primary Contact Name Primary Contact Name Ronald Rackley 7 Primary Contact Title Primary Contact Title Managing Member 8 Primary Contact Email Primary Contact Email ron@candrservices.biz 9 Primary Contact Phone Enter 10 digit phone number. (No dashes or extensions) 2149064897 Example: 8668398477 10 Primary Contact Fax Enter 10 digit phone number. (No dashes or extensions) 8174396817 Example: 8668398477 11 Primary Contact Mobile Enter 10 digit phone number. (No dashes or extensions) 2149064897 Example: 8668398477 12 Secondary Contact Name Secondary Contact Name Aaron Reed 13 Secondary Contact Title Secondary Contact Title VP Operations 14 Secondary Contact Email Secondary Contact Email areed@candrservices.biz 15 Secondary Contact Phone Enter 10 digit phone number. (No dashes or extensions) 8177276609 Example: 8668398477 16 Secondary Contact Fax Enter 10 digit phone number. (No dashes or extensions) 8174396817 Example: 8668398477 180204 - C and R Services (Rackley Services LLC) - Page 2 of 18 17 Secondary Contact Mobile Enter 10 digit phone number. (No dashes or extensions) 8177276609 Example: 8668398477 18 Admin Fee Contact Name Admin Fee Contact Name.This person is responsible for Ronald Rackley paying the admin fee to TIPS. 19 Admin Fee Contact Email Admin Fee Contact Email ron@candrservices.biz 20 Admin Fee Contact Phone Enter 10 digit phone number. (No dashes or extensions) 2149064897 Example: 8668398477 21 Purchase Order Contact Name Purchase Order Contact Name.This person is responsible Ronald Rackley for receiving Purchase Orders from TIPS. 22 Purchase Order Contact Email Purchase Order Contact Email ron@candrservices.biz 23 Purchase Order Contact Phone Enter 10 digit phone number. (No dashes or extensions) 2149064897 Example: 8668398477 24 Company Website Company Website(Format-www.company.com) www.candrservices.biz 25 Federal ID Number: Federal ID Number also known as the Employer 27-5341003 Identification Number. (Format-12-3456789) 26 Primary Address Primary Address PO 626 27 Primary Address City Primary Address City Justin 28 Primary Address State Primary Address State(2 Digit Abbreviation) TX 29 Primary Address Zip Primary Address Zip 76247 30 Search Words: Please list search words to be posted in the TIPS Video Insight,Continental Access, database about your company that TIPS website users Access Control, Video Systems, might search.Words may be product names, Aiphone,Alarm, Burglar Alarm, manufacturers, or other words associated with the Intrusion alarm, Keypads, keyless category of award. YOU MAY NOT LIST entry, cardkey, cctv, nvr, cameras, NON-CATEGORY ITEMS. (Limit 500 words)(Format: electronic security, IP video, IP product,paper,construction, manufacturer name, etc.) surveillance, surveillance cameras, video cameras,security cameras, security systems, DSC, NAPCO, school security, Iockdown, Iockdown systems, building security 31 Yes-No Most of our members receive Federal Government grants Yes and they make up a significant portion of their budgets. The members need to know if your company is willing to sell to them when they spend federal budget funds on their purchase. There are attributes that follow that are provisions from the federal regulations in 2 CFR part 200. Your answers will determine if your award will be designated as Federal or Education Department General Administrative Regulations(EDGAR)compliant. Is it your intent to be able to sell to our members regardless of the fund source, whether it be local,state or federal? 32 Yes-No Certification of Residency (Required by the State of Yes Texas)The vendor's ultimate parent company or majority owner: (A) has its principal place of business in Texas; OR (B) employs at least 500 persons in Texas? 33 Company Residence(City) Vendor's principal place of business is in the city of? Justin 180204 - C and R Services (Rackley Services LLC) - Page 3 of 18 34 Company Residence(State) Vendor's principal place of business is in the state of? TX 35 Felony Conviction Notice: (Required by the State of Texas) My firm is,as outlined on (No Response Required) PAGE 5 in the Instructions to Bidders document: (Questions 36-37)Statutory citation covering notification of criminal history of contractor is found in the Texas Education Code #44.034. Following is an example of a felony conviction notice: State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states"a person or business entity that enters into a contract with a school district or ESC 8/TIPS must give advance notice to the district or ESC 8/TIPS if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Subsection (b)states"a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a)or misrepresented the conduct resulting in the conviction.The district must compensate the person or business entity for services performed before the termination of the contract." 36 Yes-No A publicly held corporation; therefore, this reporting No requirement is not applicable? 37 Yes-No Is owned or operated by individual(s)who has/have been No convicted of a felony? 38 If your firm is owned or operated by the following Please provide details of the conviction. This is not individual(s)who has/have been convicted of a necessarily a disqualifying factor and the details of the felony: conviction determines the eligibility. Providing false or misleading information about the conviction is illegal. 39 Pricing Information: Pricing information section. (Questions 39-43) (No Response Required) 40 Discount Offered What is the MINIMUM percentage discount off of any item 15% or service you offer to TIPS Members that is in your regular catalog(as defined in the RFP document), website, store or shelf pricing? This is a ceiling on your pricing and not a floor because, in order to be more competitive in the individual circumstance, you may offer a larger discount depending on the items or services purchased and the quantity at time of sale.Must answer with a number between 0%and 100%. 41 TIPS administration fee By submitting a proposal, I agree that all pricing submitted (No Response Required) to TIPS shall include the participation fee, as designated in the solicitation or as otherwise agreed in writing and shall be remitted to TIPS by the Vendor as agreed in the Vendor agreement. I agree that the fee shall not and will not be added by the vendor as a separate line item on a TIPS member invoice, quote, proposal or any other written communications with the TIPS member. 42 Yes-No Vendor agrees to remit to TIPS the required administration Yes fee? TIPS/ESC Region 8 is required by Texas Government Code §791 to be compensated for its work and thus, failure to agree shall render your response void and it will not be considered. 180204 - C and R Services (Rackley Services LLC) - Page 4 of 18 43 Yes-No Do you offer additional discounts to TIPS members for Yes large order quantities or large scope of work? 44 Start Time Average start time after receipt of customer order is 7 working days? 45 Years Experience Company years experience in this category? 25 46 Resellers: Does the vendor have resellers that it will name under this No contract?Resellers are defined as other companies that sell your products under an agreement with you, the awarded vendor of TIPS. EXAMPLE: Walmart is a reseller of Samsung Electronics. If Samsung were a TIPS awarded vendor,then Samsung would list Walmart as a reseller. (If applicable,vendor should download the Reseller/Dealers spreadsheet from the Attachments section,fill out the form and submit the document in the "Response Attachments" RESELLERS section. 47 Prices are guaranteed for? Vendor agrees to honor the pricing discount off regular YES catalog(as defined in the RFP document), website, store or shelf pricing for the term of the award? 48 Right of Refusal Does the proposing vendor wish to reserve the right not to No perform under the awarded agreement with a TIPS member at vendor's discretion? 49 NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid or proposal,the Bidder certifies (No Response Required) that: 1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor; 2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids,or proposals for this project, to any other Bidder, Competitor or potential competitor: 3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; 4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification,and under the penalties being applicable to the Bidder as well as to the person signing in its behalf. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. 180204 - C and R Services (Rackley Services LLC) - Page 5 of 18 50 Texas HB 89-Texas Government code §2270 Texas 2017 House Bill 89 has been signed into law by the YES compliance governor and as of September 1,2017 will become law codified as Texas Government Code §2270 and 808 et seq. The relevant section addressed by this form reads as follows: Texas Government Code Sec. 2270.002. PROVISION REQUIRED IN CONTRACT. A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and (2)will not boycott Israel during the term of the contract. I verify by my"YES"response to this attribute that, as a company submitting a proposal to this solicitation,that I am authorized to respond for the company and affirm that the company(1)does not boycott Israel;and (2)will not boycott Israel during the term of this contract,or any contract with the above-named Texas governmental entity in the future. I further affirm that if our company's position on this issue is reversed and this affirmation is no longer valid,that TIPS will be notified in writing by email to TIPS@TIPS-USA.com within one (1)business day and we understand that our company's failure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall result in a"no award"determination by TIPS and if a contract exists with TIPS, be grounds for immediate contract termination without penalty to TIPS and Education Service Center Region 8. FAILURE TO RESPOND"YES"WILL RESULT IN NO CONSIDERATION OF YOUR PROPOSAL. I swear and affirm that the above is true and correct by a "YES"response. 51 CONFLICT OF INTEREST QUESTIONNAIRE - If you have a conflict of interest as described in this form No FORM CIQ or the Local Government Code Chapter 176,cited therein- you are required to complete and file with TIPS, Richard Powell,4845 US Highway 271 North, Pittsburg,Texas 75686 You may find the Blank CIQ form on our website at: Copy and Paste the following link into a new browser or to b: https://www.tips-usa.com/assets/documents/docs/CIQ.pdf Do you have any conflicts under this statutory requirement? 52 Filing of Form CIQ If yes(above), have you filed a form CIQ as directed here? 53 Regulatory Standing I certify to TIPS for the proposal attached that my Yes company is in good standing with all governmental agencies Federal or state that regulate any part of our business operations. If not, please explain in the next attribute question. 54 Regulatory Standing Regulatory Standing explanation of no answer on previous question. 180204 - C and R Services (Rackley Services LLC) - Page 6 of 18 55 Antitrust Certification Statements(Tex. By submission of this bid or proposal,the Bidder certifies (No Response Required) Government Code §2155.005) that: I affirm under penalty of perjury of the laws of the State of Texas that: (1)I am duly authorized to execute this contract on my own behalf or on behalf of the company,corporation, firm, partnership or individual (Company) listed below; (2)In connection with this bid,neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act,Tex. Bus. & Comm. Code Chapter 15; (3)In connection with this bid,neither I nor any representative of the Company has violated any federal antitrust law; (4)Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company,corporation, firm, partnership or individual engaged in the same line of business as the Company. 180204 - C and R Services (Rackley Services LLC) - Page 7 of 18 56 Suspension or Debarment Instructions Instructions for Certification: (No Response Required) 1. By agreeing to the Attribute question#56,the vendor and prospective lower tier participant is providing the certification set out herein in accordance with these instructions. 2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4.The terms"covered transaction," "debarred," "suspended,""ineligible,""lower tier covered transaction," "participants,""person," "primary covered transaction," "principal," "proposal' and "voluntarily excluded,"as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5.The prospective lower tier participant agrees by submitting this form that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6.The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government,the department or agency with which this 180204 - C and R Services (Rackley Services LLC) - Page 8 of 18 transaction originated may pursue available remedies, including suspension and/or debarment. 57 Suspension or Debarment Certification Debarment and Suspension(Executive Orders 12549 and Yes 12689)—A contract award(see 2 CFR 180.220)must not be made to parties listed on the governmentwide 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 1986 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. By submitting this offer and certifying this section,this bidder: Certifies that no suspension or debarment is in place, which would preclude receiving a federally funded contract as described above. 58 Non-Discrimination Statement and Certification In accordance with Federal civil rights law, all U.S. Yes Departments, including the U.S. Department of Agriculture (USDA)civil rights regulations and policies,the USDA, its Agencies, offices, and employees,and institutions participating in or administering USDA programs are prohibited from discriminating based on race,color, national origin,religion, sex,gender identity (including gender expression),sexual orientation,disability,age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print,audiotape,American Sign Language,etc.)should contact the responsible Agency or USDA's TARGET Center at(202)720-2600(voice and TTY)or contact USDA through the Federal Relay Service at(800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form,AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call(866)632-9992. Submit your completed form or letter to USDA by: (1)mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.20250-9410;(2)fax:(202) 690-7442; or(3) email: program.intake@usda.gov. (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b;the Americans with Disabilities Act;and FNS Instruction 113-1, Civil Rights Compliance and Enforcement—Nutrition Programs and Activities) All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender. Not a negotiable term. Failure to agree will render your 180204 - C and R Services (Rackley Services LLC) - Page 9 of 18 proposal non-responsive and it will not be considered. I certify that in the performance of a contract with TIPS or its members,that our company will conform to the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations. 59 2 CFR PART 200 Contract Provisions Required Federal contract provisions of Federal (No Response Required) Explanation Regulations for Contracts for contracts with ESC Region 8 and TIPS Members: The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds. The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are located in 2 CFR PART 200-Appendix 11 to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. 60 2 CFR PART 200 Contracts Contracts for more than the simplified acquisition threshold Yes 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.S.C. 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. Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does vendor agree? 61 2 CFR PART 200 Termination Termination for cause and for convenience by the grantee Yes or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of$10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of$10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of$10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor.The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members.Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS. Does vendor agree? 180204 - C and R Services (Rackley Services LLC) - Page 10 of 18 62 2 CFR PART 200 Clean Air Act Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Yes Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). Pursuant to the Clean Air Act,et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein. Does vendor agree? 63 2 CFR PART 200 Byrd Anti-Lobbying Byrd Anti-Lobbying Amendment (31 U.S.C. Yes Amendment 1352)—Contractors that apply or bid for an 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 U.S.C. 1352. Each tier must 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. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or referenced herein. Does vendor agree? 64 2 CFR PART 200 Federal Rule Compliance with all applicable standards, orders,or Yes requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h)), section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations(40 CFR part 15). (Contracts, subcontracts,and subgrants of amounts in excess of$100,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts,subcontracts,and subgrants of amounts in excess of$100,000,the vendor will be in compliance with all applicable standards, orders,or requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h)), section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations(40 CFR part 15). Does vendor certify that it is in compliance with the Clean Air Act? 180204 - C and R Services (Rackley Services LLC) - Page 11 of 18 65 2 CFR PART 200 Procurement of Recovered A non-Federal entity that is a state agency or agency of a Yes Materials political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.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. Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above? 66 Indemnification The ESC Region 8 and TIPS is a Texas Political Yes Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52)except as specifically provided by law or as ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a promise to pay for any expenses the indemnified party incurs, if a specified event occurs,such as breaching the terms of the contract or negligently performing duties under the contract.Article III,Section 49 of the Texas Constitution states that"no debt shall be created by or on behalf of the State ..."The Attorney General has counseled that a contractually imposed obligation of indemnity creates a"debt" in the constitutional sense. Tex.Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or institutions to indemnify must be deleted or qualified with "to the extent permitted by the Constitution and Laws of the State of Texas."Liquidated damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be deleted or qualified with "to the extent permitted by the Constitution and laws of State of Texas." Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? 180204 - C and R Services (Rackley Services LLC) - Page 12 of 18 67 Remedies The parties shall be entitled to exercise any right or Yes, I Agree remedy available to it either at law or in equity,subject to the choice of law, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an arbitration resolution of any disagreement under any circumstances.Any Claim arising out of or related to the Contract, except for those specifically waived under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request of either party. Any issues not resolved hereunder must be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any associated filing fee equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of Directors, and, if signed,shall thereafter be enforceable as provided by the laws of the State of Texas. Do you agree to these terms? 68 Remedies Explanation of No Answer 69 Choice of Law This agreement and any addenda or other additions and Yes all contracts or awards resulting from this procurement process, however described,shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? 70 Jurisdiction and Service of Process Any Proceeding arising out of or relating to this Yes procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding,waives any objection it may now or hereafter have to venue or to convenience of forum,agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue clauses in contracts with TIPS members may be determined by the parties. 180204 - C and R Services (Rackley Services LLC) - Page 13 of 18 Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? 71 Alternative Dispute Resolution Prior to filing of litigation,the parties may select Yes, I Agree non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if nonbinding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s)and that all mediation venue shall be at a location in Camp or Titus, County,Texas agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost. Do you agree to these terms? 72 Alternative Dispute Resolution Explanation of No Answer 73 Infringement(s) The successful vendor will be expected to indemnify and Yes, I Agree hold harmless the TIPS and its employees,officers, agents, representatives,contractors,assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks,and any other intellectual or intangible property rights attributed to or claims based on the Vendor's proposal or Vendor's performance of contracts awarded and approved. Do you agree to these terms? 74 Infringement(s) Explanation of No Answer 75 Acts or Omissions The successful vendor will be expected to indemnify and Yes, I Agree hold harmless the TIPS, its officers, employees,agents, representatives,contractors,assignees and designees from and against any and all liability, actions, claims, demands or suits,and all related costs,attorney's fees and expenses arising out of,or resulting from any acts or omissions of the vendor or its agents, employees, subcontractors,or suppliers in the execution or performance of any agreements ultimately made by TIPS and the vendor. Do you agree to these terms? 76 Acts or Omissions Explanation of No Answer 77 Contract Governance Any contract made or entered into by the TIPS is subject Yes to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. 180204 - C and R Services (Rackley Services LLC) - Page 14 of 18 78 Payment Terms and Funding Out Clause Payment Terms: Yes TIPS or TIPS members shall not be liable for interest or late payment fees on past due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding Out Clause: Vendor agrees to abide by the laws and regulations, including Texas Local Government Code §271.903, or any statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. See statute(s)for specifics or consult your legal counsel. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? 79 Insurance and Fingerprint Requirements Insurance (No Response Required) Information If applicable and your staff will be on TIPS member premises for delivery,training or installation etc.and/or with an automobile,you must carry automobile insurance as required by law. You may be asked to provide proof of insurance. Fingerprint It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834. Statutory language may be found at:http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion: (1)will have continuing duties related to the contracted services; and (2)has or will have direct contact with students Then you have"covered"employees for purposes of completing the attached form. TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply,see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit,Access and Dissemination Bureau, FAST-FACT at NCJU@txdps.state.tx.us and you should send an email identifying you as a contractor to a Texas Independent School District or ESC Region 8 and TIPS. Texas DPS phone number is(512)424-2474. See form in the next attribute to complete entitled: Texas Education Code Chapter 22 Contractor Certification for Contractor Employees 180204 - C and R Services (Rackley Services LLC) - Page 15 of 18 80 Texas Education Code Chapter 22 Contractor Introduction: Texas Education Code Chapter 22 requires Some Certification for Contractor Employees entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees.Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history:Any conviction or other criminal history information designated by the District,or one of the following offenses, if at the time of the offense,the victim was under 18 or enrolled in a public school: (a)a felony offense under Title 5,Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or(c) an equivalent offense under federal law or the laws of another state. I certify that: NONE (Section A)of the employees of Contractor and any subcontractors are covered employees,as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees.Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. OR SOME(Section B)or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1)Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2)If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days. (3)Upon request,Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4)If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. 81 Solicitation Deviation/Compliance Does the vendor agree with the General Conditions Yes Standard Terms and Conditions or Item Specifications listed in this proposal invitation? 180204 - C and R Services (Rackley Services LLC) - Page 16 of 18 82 Solicitation Exceptions/Deviations Explanation If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation,all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached. TIPS will consider any deviations in its proposal award decisions,and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation. 83 Agreement Deviation/Compliance Does the vendor agree with the language in the Vendor Yes Agreement? 84 Agreement Exceptions/Deviations Explanation If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its proposal award decisions,and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Vendor Agreement. 85 Texas Business and Commerce Code § 272 SB 807 prohibits construction contracts to have provisions (No Response Required) Requirements as of 9-1-2017 requiring the contract to be subject to the laws of another state,to be required to litigate the contract in another state, or to require arbitration in another state. A contract with such provisions is voidable. Under this new statute, a "construction contract" includes contracts,subcontracts,or agreements with (among others)architects, engineers, contractors,construction managers,equipment lessors,or materials suppliers. "Construction contracts" are for the design,construction, alteration, renovation, remodeling,or repair of any building or improvement to real property,or for furnishing materials or equipment for the project. The term also includes moving, demolition,or excavation. BY RESPONDING TO THIS SOLICITATION,AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS AND COMMERCE CODE §272 WHEN EXECUTING CONTRACTS WITH TIPS MEMBERS THAT ARE TEXAS GOVERNMENT ENTITIES. 180204 - C and R Services (Rackley Services LLC) - Page 17 of 18 Line Items Response Total: $0.00 180204 - C and R Services (Rackley Services LLC) - Page 18 of 18 Ln M N O �t 00 Ln 00 c-I to M Ln M M c-I Ln O O M Ln l0 m c-I M 00 I, N 00 M 00 Ln N c-I N O N N to Rt c-I Ol Ol Ln N r� lb rl O N r� r Ln c-I M Ln 00 -i 00 to O 4 Lf M I-� r Ol 4 O) O) N I-� 00 M rl N N N c-I m to to m M N N 00 Ln to -4 m c T 00 N M `� Lf R� T 00 Lf T 00 M N T O Rt N r- O M O m -4 Ln Ln 6 -4 O r, r, s c-I I- c-I R4 O -4 to -i N N -4 Ln R4 c-I c-I d N Ol 00 M M m -:I- N M M M N al 00 00 C s E 3 ° L i 4� O N VI LO CLn +, s •>, U L J a) {n •C T L VNI O0 O U �a c Ln w � d) pO Ul N ) O U Q L -le Ln @ w c O O c @J sa > tin jn j o O w E > •Ln 3 s a) O@ s @J E E L c@ O Lo — c 3 Q a) 3 C Ln m @� O -� E a) = O v cN V) w Mu N +1+ L, W ses - 4- �. a) E O W O C � E L C WIn a) > a Q p tw O a) s O W bA 2 L U O s V L S J O z a) U m U a) O H Li O O W p H N L *' O O p O a- O U H p ,L H O L z L O U O 4- O 4- L Q N O Q a) +- O O O 0 L U L a) L L U a) L L � i C O -0 � x L 0 U 0 x 00 O E to -r- c:O W a) C Ln W •L � L f6 E C Q- s s L > -p C s -p ' N c • p L O Ln s a) a) m o m E a) o c L a) = E v a + a) •@ 2 + O a) 4- C7 J 4- L VI U = W a) a) -ra) O Q J a) a) o a) a) N U q0 E - 2 T N N to t6 W •L T 41 C a) T a) C s -a LO T T 0 a) -a a) Q C 0 > E C U � to � a) o L nz � s L a) L o w nz E a`) U (D Q U ° m �he W H L 1� CL a) M U Ql c L s L c H p f6 ' 4� a) O '_� O O Q o s v E U L L V) V) 'O_ a) •p N N W > s Q E T N Q OL O p L Q W Q- +, m Z C N 3 -a O m V) N W w ccU O O � U •cam •� L L N �' a: +S+ LL G a- Z Q >>> c Q >>> LL C7 J (� 1802,04 Fire Safety and Securky Solutions ("erfificatilm Regardirig L,obbying Apl-d icable lo(,irany Stlgmnty CmVerwhc Agmmwnm and Contracts Exceedhg 5 HMIMHn FedclA I%nds, SUNi'lisskin of this cerfifivafion k as pmmqtdMw Rx mwkhg m untwAg imo Ohs warvauhn and N Aposed by sectJion 1351 "Dde 3 K US. Code.Ibis certifieminn N a maWAI cW let upon whidh rekance avas lAaced%vhcn thk wansacdon was made,ov oitered into, A" perum"to NN"o MR be mqulmd mnMmaion AaH he suNoa t(-,a to 6,vil pcs)arty okla Bass than$,KI,000 nd nm nmm An SI00,000 tor each sueh ("ailuve, TIv uWeKWwd cm lfnez to be best fit'his or 1wr knoNvIedge and 1%fief, diau (I) No Federal appropriated (tuids t-mave been pAd or will be pid by or on behalf ofthc underigned, us any an oficer or enj%yve of'congress,or mi mnM"e"W a menver or coxigmss ki,tcoi mection with the wvardii q of as Fedel!A Contract,the nmkhg of at Fedual gram the makkg ora FederW W Ow emubg &M as cmVermNe agrummm. nd We emensiori cornhumdom rowmaL ammminva or niudMudw"Oa FWaW cm=gmnt, Icon. cw coupermive agreemm, 12) If any flands other thmi Fide ra I appnMriatid &A have been jia id or Nvi 1,11 be pa id to any person ffm- ill OU0161 ng 01 liftfflIA ing lo infuence mioincerereinplqccoCulagoic, aMembmqq(lmgms&anoRker caoperwUve agreortnt,Me uMeQWwd OwH ,,mbmil Standavd V(,,�vviAAA,, 1�eport Lobbying," in accc:mrdavicc %vith its instructions, (Y 'Rw wxlenigmd 4wH mW±v IM die Language ofthis ceANcatkin be hichucIed in the award doc�unxnts 1!'('q A covrrcd suba"ards exceetfing$ 010,000 in 1"ederal funds al A appropriate flersand IJIM ah SUbre(��ipienls shaH certio, mid disdose acconUngly, KcWey Sewles LLC Diba C and R ServlIces :20 1 N FPVI 156, Austin, TX 76247 -- ..... -------- .......... ... ........ Ronald Rackley, Managing Mernber ...........---------------- ........ ---------- Nanie,1 male C&SLINTlitthIg 011hJ,1� -- ------- -3-1 4:2,018 ..... -------------- --------------------- Dwe I W2M FW GaWy and Snub SWAms F!",LON)" C'QNV[(71J()N ,' LW N.LL FOR RESK)NA ID TIPS SOLICITAaM Twomy chmhn cmvrhg mWembn of criminal kxq, okummumn is bund in the"rexas 11ducatioc Code 441031 hilownmg, is an emnq*of a fdony conAtion notice: State ofl'emas Legislm& Senme BHJ No. 1, Section 44,034. N(Wcahuc of(Aminal Hst(")ry, Stibsec6on (ay saws-a penon or buMness end, that enters&W a cmuma wAh a sdoW dis&cnrwM gNe aWame mice io the Tsuict ifthe person or an owner or opetswr ofle business,entity lams been con\�icted ofa fdony., The nodee nwm QUe a gmeml dcscQAAn offl,le conduct resl'ifting in t1W corwic6ofl 01'a fiek,my", Sul)sec6on(b) shales"a schoo] district um, imnWate m cmato Ah a pagm or When emA'v W We dkiski doennkcs tht Te pawn uT Whess ent4y Miled to gNe Wee as mqukad by S�,ibsecliol'l WO or w6srepresenteci the con(.hxt reskihing in be cmw&wt Ile d6thet must compensaW A pas=or bminess endV Ar sovices eAnneal befix-e t.,hc terinination ol"Oie Contract.- H HS M)'FICE [S NOT RL::'QLJIRLD OF It PU111 ICLY-HUD CTHZN)RATK)N 1,the ondersigned agent A the 1% nwned beh"q catify that the inkwrrmtion concerning ninfification Of fielony Convictions has been reviewed by me and dw AA&whg hAummOn WE& K tint e to drw best e,Wmy knowgedgc- lr C and R Services Print Audu:)rized("ojnpany Official's Name My Oan us a pAll held corix),ration", d lerefilre"1his is nol apphcabk�. Signature of AuModad Company Official- _....... -—---—----------- My firrn os not owned nor operatii�,,,d by anyone who has Ewen comlcwd of a fdonys Signawre of Aulhorized C`ompany OfficiaL kly firrn is,owned or qwmwd by We Wkwing WdV0&mKq who hmhxvt� beein corvided of',a fcGcrr'ry: inne or ANN sy Deudis 0'Con\,icfi(,kn(s): _, You may allach anther sheet SjnMuwofAWhoHmdCnmpmiy0fficia1: ...... 180204 Fire SafOy and Security Sdufions ("'ERTIFICATION BY'J.'ORPORATE OFFEREIR, THE FOLLOWING `I,R,'"FIFICA"IT ST-101A.-J) 13E EXECUTED AND IN CUJI)ED AS PARTOF PROPOSAL FORM[PROPOSAII, FORNI. OFFERER, RAckley Services LLC Dba C and R Services (Name of Corporation), Ronald RAckley certify that I all] tile Seel-eta ry of the Corporation (Name of Corporate Secretary) named as OFFERER herein above; (hat RonMd Rackley (Name of person who completed proposal darc u ment) whol signed (lie foregoing proposal on behalf of tine corporation offer,ci is the authorized person that is, acting as Managing Memiber (Fide/Position of,perstin signing propos"11/44'fer document within the corporation) of the said, Corporatioli; that said proposal/offer was duly signed for ancl in behalf of said corporation by authorhy of its governing body, and is within tile scope of its corporate powers. C'0 R P 0 Ro"O",F" S I A 1, 1favailable S I CIN ATt I R E, ' 3-14-2018 180204 N ire Safety and Security SWdWS Federal R inall and ininoritv 1"Isi abor stir Aus area firms. "t'he 1,:',ducaflon Service (!enter Region 8 and TIPS Meinbers anticipale, possibly ursurrg, Cederal funds 1'or procurement under dais potmilld awani and is recluded to obtain dw AllmAg coMPHWWC amumnCe. 'I. VVIII you be subcontracting any of your work under this award if yotl are SUCCCSSfU!? (Coew one) r 04()[3) Z1 L If yes, do you agree to comply with the following federal requirements? (cirelcone) [ Y It S ()r N 0 Ej ah 2 CFR §2ML32 I Qnuackg Wh small and ininwhy hudnasn, women% buMness cinterprises., rind.d habor swpWs ama Hrms. (a) Ile rwrkedeml Wy must take a U necQssary afknmUve mps a) asmwe that rninxYly businesses, worneWs hUSuICSS et1t0'j7)riSCS, and Am swpWs area Arts are used mlen p(asible. (b) Affitrniatk"e Sled )S ITILISt irlCkide: ( d), 1'lkx6ng quaHfied smiall and, niinorh�) businesses ami worneWs businiess enterprises On solicitation lists; (2) ASSUring fliat small and minority businesscs. and wornerfs, business enkmqkes are Mhed "Terresvr My - ', ,ArV' potential soltu ces. (3) Dividing total reqLdrernerits., when econornicafly leasiWe. into smaHa tasks or qpanddes to pensh maximuni partieQtion by smaH and nomAy businesses. and %vornen's budness entulwken 0) EmaNishing del Nery SCI)CdLkS� �vhere the requiren'lerlit P071'lits' which encourwge particid,,),atkm by st'riall and aflnority bLlSines'ses. arid won'ien's businiess enterprises; (5), Using the services wid assistance. as approphate. Much organkadnns as the AnaH Buirress AdmhUmmthn and the Mwky Business Developinent "\gc'nCy ol,the Delmnatent ol'Cornnierce , and h (6) Requiring the pritme cuntracull-, il'subconknms am to be A to We the and steps hsted ill S 1) dvaugh (5) orims section. Raddey Services LTC Elm C and R SMAces (Arnpany Name- ............ 111-11111--------- -I I 1-1-----—--- Rod Rdy It Or t nam e Of aLqh 01 i zed re presen I at i ve nal ad Y........ ..................... ...... ............ ------ ....... V C Pod; Signmum of Mhcmized representad DaIC31-14-2018 ----------- 180204 Rre Sale y and SeCLIMY SOUkAIS J'exas Go ,%,rernrnent Code 2270 Verification Form. I Was 2017 House III 189 has been Aped into law by the go vernor and as oI'SepterrJ,-)er 1 , 20117 Nwjjj liecojile haw cowfled as Ifus Gmemonent Code § 2270 W 808 et seed,. The reW%mnt secdon addressed by Tis hann reads as Mova: TWas Untnirnew (.�'odc Sec. 2270AM2. PRUVISM HQUIRED m covrRAUK A govenmvenwd endty may not enter into a contract widl acoulpany fi:)IT, goods Or services unle'ss the connct contains a writicn veri fication front the conipany that it: ( I) does not boycott Israel; and (2) wiFl noL hoycoll Israel darting;the terni of the conuna 1, QJOLb a �,,wth s an orized representative ol, --—--- ----- -. .... �fAvretj 1XC IC CX3* a contr.ictor/vendor ----------- ..................- ............... -0 engaged by F',SC Region 8/The InverWnd Purchlising System (HPS) 4845 1-fighway 271 North PiUsburgjrX.75686 vuH, by this "40mg At the above-nanned company aninns that it (1 ) clues not bqyML Israel, end (2) Wit not Wycwt Israel duHng the term Whs con=L (n any contract with the above- named Tevas governmental entity in the Mwe. I further affirin that, if our con'lPany's posific)n On this ksue is revoned and M Wma%i as no longer Valid, that shc.,� above-malned Tcxas, govenmvenWl enthy "KH be noHed in imidng vviVin one (1) hushes Q and M* Undustand that our company"s Mum to wMnn and cmuply with the rupimments of Mus Memnwnt Code 2270 el seq. AaH b nmAds Rw immedate convact termination Wit,IIOUt pejaalty to the above-nanwd Texas governmental eMitY, AND our comparry is not Wed on and we do not do [),jsniess with conipanies that are on the the- Texas WnpuMer of Pub& Accounts fis, or Designated foreign ferrorkts 0rganizalkns per Tens (00 (Ode 2270M 153 UK at terrorist.pdf I swear and affinn that the above is to and convct, el'o ------- —-------- ................. Datc SigMitUN Of�ad"liedi AUth()j,ize8 Comp,,iny Represenh,,itive 180204 Hre Safety and Securky Soiir6ons RQUAW1111!ROPERLY awyn; Ti AND SUBNOT Mn I YMIR RE5'!!QN")E NL, Y RE,,S1JLA'LN A SL 61'-' )'61',jgRM0H1S UNDERTHE LAWTO MAIN1-AIN CUNFIDENUAIJ -Y TREXVMFNT C* I MAWTHI) .... MATERIALS. CON FIDEMAM. INFORMATU)N SUBMIT"t FT) Inc RE"Sr1()NS1,,T() (.()N/1t1ETH1VE PROCUREVIENT RJ',,Qt-T-',STS OF I DUCATION S1,,RVlC',F CEN'TER RL',610N 8 ANDTIPS IS GOVERNI'D BY TEAM (3 0 V ER N N4 F NT C()[)L- CI I A P VE R 52, wryou carrsider any jmrtinn of your pmpwal to he cordidendal WA)rrnathmi and nol su[.,,ject to public disclosure pursu"'ant to Charver 552 Tex Go VI Cade or other you must We a gav or au chimed amfidmahl maWulb whMn your pr-oposal and pu"% UMMILETED Win as a AS sheet to mak! inaterials then scan, name "CONFIDENTUAL"and upWad wkh yowr propond submiskm. (You niml Whude Ke coididental WR)nrtMQwi in Ke,mIrnhwd proyInd as M We cqW uploWed k to indkMe wh1h matedal in 3vur propAM, I a, you dean confidcmthl W the evem the Whel mceivesa I'lublic Inforn'iaOcrm RoWwmj EMMM Semhe Cenwr Moon arrd 'Hps MH follow proc'edUres ofeontnffling slatute(',$) reg,,,irding any clahn of con0deMby and AaH nm be WC IT a, nalew,,w reqdred by law, 11ricingot'solicited J)WdLid or service, nmy be dumed as pubkc inknmadon under ChaMer 552 As Gov't (�'ode. The Office ol"I'exas Auorney Gaveral shAJ nuke be Onal doerninminn whether be intkwmaWin held by F,'duca6on Servce Ceraer Region 8 and, HP S us con0dwribil and exerript fi'orn pubhc disclosure, I DO NOT(lesfi-e U)nprmWy wahIe any ch,6ai ofcont1deWhy as to any and aH inbnnabui comajaud w4hin our response to Wo =Mctidve pmewonern pmcess (e.g, RFR CSK BU RVQ evn) by completing ihe R)HoNving und subm!Wng tHs shee� wKh our rapatwe to IMM Savle Cemer 1hWon 8 and UPS. lie aunched coaMs wimedd Noun ow pimpmalthm I ch,issit')) and deeni corrRdmuhtl umkr Texas CKA Code Sec. 552 or oler W%"s) and I hnvke my stiwtoi-y to confideritial lreabiient ofthe enclosed rnaterid,fls. OR TH NOT, W"S' "l--o--n- M d'c''n"I S th L' S o"-r n-i- at ---------- ---,-................ - I--................ --—------------------------ ------ Prhued Name and TAW of authorized conipany. officer Claiming confideriflal stalus o1",1'),,1ter!W Address Gvv State Z'_IVY Phone /VTTACHED ME CUM 01"--, —11AGLS OF' C'0NFlDF,N'1 W. MATERL,M, 1"W)VI OLJR f'R()P()SAl, signaLt.treliars _--- rry to exprestlywahv any cWhrn oFomd%miality as u) an)� and all WrilbrniaGn containod compolve pwrement pnxcm It. RFK CSK BW. RFQ4 ewl by compkUng the his AlCet %W111 Mir response u) Educalior, Scj-N/jcc Luc t (.-'eriter Reg"Jon 8 and TIPS ............P Ax C sly waiving con0dendal swtus ormMeWl 'VA ab� C'e"1,'C le-- ............ ............ -------- 1111-............ I l e I!,aitfith o r i zed comps n y SCl cer e Kp re ss I y wa i v i in g ecm H d e tu i a I s I at u s (vf rn aterh '.rtt C , ; �� -- 5 (e 7--V �I M Address City State /111, Phone F)a si o and R 6lervices Your Security is our business Access Control C and R Services isan experienced and unique Electronic Systems Integrator semingthe ~ |pSunm||lan«e Systems North Texas market place.Our company was founded by an industry veteran with over 20 years of experience in true systems integration. ~ Intercom Systems Our philosophy is simple:"Service our customers";this is the drivingforce behind C and R ~ Intrusion Systems Services.We pride ourselves on assisting our business partners in achievingtheir goals while maintaining their budgets. Manufacturers We offer design,sales, installation and support of a variety of Access Control,Digital Video CCTV Systems and networkoaNep|antoeithersepamte|yorasa oomp|eteinte�rategsystem� ' ^ Video-insight We offer solutions from small single site locations tolarge WAN/LAN based systems. C and R Services specializes in the newest technologies available in the market place;true ~ panmmmn|c |pm IP Based CCTV management systems is one of our most excitingand versatile offerings. ~ ONSS| � Cang R Services also offers a variety ofmaintenance plans custom-tailored to each client. VYe also offer sem �ioeonexistin�s� emsand will provide a no cost system evaluation ~ Sony ~- 6 upon request. ~ Ad*1d|a Most Major Brands � a ft Access Control Continental Access Paxton Access ~ |monmm w-- Intrusion Alarms ~ Nmpmu ~��� � � �� �� �� Helpful Links: CCTV Products: Panasonic:w. ww„secuid, ,I ain soinic com Advidia: www adAdila com Sony:mmm..us..pirafessiioinall..soiny..coirri Axis: www axils.com Access Control Products: Continental Access: www.dicaccess com Paxton: tM8y..paxtoin-access..com HID: tM8q..1h11dcoirp..coim Intrusion products: Napco:MMM..inap Bosch:www..,Ibosclh.%Priiiril-tv..rnim Isonas: www..11soinas com Intercomm products: Alphone: M8ff..a[j1p1hoine..coim CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos.I-4 and 6 if there are interested parties- OFFICE USE ONLY Complete Nos.1,2,3,5, and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-639945 Rackley Services, LLC DBA C and R Services Justin,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 07/06/2020 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. Security sales and services Electronic security sale, service and installation of cameras and access control systems Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. I—XI 6 UNSWORN DECLARATION ;6 V— My name is f,0"V Cj) ,( L I and my date of birth is My address is ,�'-/k 7N FK , e Z 1-�7 (street) (city) (state) (zip code) (country) I declare Linder penalty of perjury that the foregoing is true and correct. Executed in County, State of on the 6 day of 20 Z-0 (month) (year) Signature of author' d agent of contracting business entity (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: July 27, 2020 SUBJECT: Public hearing and discussion on updating Impact Fees for Water and Wastewater pursuant to Chapter 395 of the Local Government Code. PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: The Council is being asked to conduct a public hearing to consider a correction to the Service Unit Equivalent for wastewater. No Impact Fee amounts or Service Unit Equivalent rates will be adopted with this agenda item. An ordinance to modify the service unit equivalent rate is a separate item for consideration on this agenda. GENERAL DESCRIPTION: A new Impact Fee Study was approved in January 2018, and minor corrections were made in March 2019. At this time, staff is recommending a correction to the service unit equivalent table in the Impact Fee study based on a technical memorandum provided by the study consultant, Freese & Nichols. This technical memorandum is included in the agenda item for your review. The issue that requires correction is the study document indicated that the Service Unit Equivalent for wastewater was lower than that for water resulting in a reduced collection rate for wastewater impact fees. As the technical memorandum explains, the meter unit equivalents should be identical for both water and wastewater allowing the City to collect the full wastewater impact fee as identified in this table. YEAR WATER WASTEWATER Year 1(January 8, 2018 - January 7, 2019) $ 1,429 $ 685 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Year 2(January 8, 2019 - January 7, 2020) $ 1,644 $ 1,008 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Year 3(January 8, 2020 - January 7, 2021) $ 1,851 $ 1,210 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Year 4(January 8, 2021 - January 7, 2022) $ 1,851 $ 1,210 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Year 5(January 8, 2022 - January 7, 2023) $ 1,851 $ 1,210 IrLp NORTH KICHLAN HILLS The proposed changes to Table 4 will not change the maximum impact fee rates, but rather will update the City's fee schedule, Appendix A, to allow wastewater collection rates to come into conformance with the intent of the approved Impact Fee Study. TABLE 4 NORTH RICHLAND HILLS METER/SERVICE UNIT EQUIVALENCY Meter Size Water Equivalency Wastewater Factor Equivalency Factor 3/4" 1.00 1.00 ill 1.67 1.67 1-1/2" 3.33 3.33 2" 5.33 5.33 3" 10.00 10.00 4" 16.67 16.67 6" 33.33 33.33 8" 60.00 60.00 The proposed change will not impact NRH customers' monthly bills. The adjustment results in a roughly 16% increase in the one-time NRH impact fee payment for the wastewater portion of the fee when a domestic water meter is initially installed. For example, when a property owner pays for a new 3/" water meter for domestic service, the NRH Wastewater Impact fee will be $1,210 instead of the currently collected $1,040. The NRH Water Impact Fee remains unchanged at $1,851. RECOMMENDATION: Staff is seeking City Council guidance on the wastewater impact fee service unit equivalent rate. 771 ® ® ® Innovative approaches Practical results ® • • 4055 International Plaza,Suite 200 Fort Worth,Texas 76109 • 817-735-7300 fax 817-735-7491 www.freese.com TO: Caroline Waggoner, P.E. =�E OF`%ili FROM: Jessica Brown, P.E. ®®®®° '•®�s*I®® SUBJECT: Clarification on Water and Wastewater Impact Fee Service / Unit Equivalency for Ordinance 3570 ® JESSICA L. BROWN i e®o°®o•0000®00000000®000� •/ ®®-0 o® 90098 DATE: August 6 2019 ® o ®•�� �•®c'�,® PROJECT: Water&Wastewater Impact Fee Study(NRH15536) °' 11%/O® TEXAS REG�S I ERED EN INIEICIR0NG RRM F- 1 4.. The most recent impact fee ordinance for the City of North Richland Hills,Ordinance 3570,was adopted on March 4, 2019. The fee schedule was included as Table 1B in the ordinance and is included below. Ordinance Chapter 110—Appendix A— Fee Schedule TABLE 1B NORTH RICHLAND HILLSIMPACT Program Dates Water Wastewater Year 1 January 8, 21 —January 7, 2019 $1,429 $685 January 8, 2019—January 7, 2020 $1,644 $1,008 January 8, 200—January 7, 2021 $1,851 $1,210 January 8, 2021 —January 7, 2022 $1,851 $1,210 January 8, 2022 —January 7, 2023 $1,851 $1,210 , , Clarification on Water and Wastewater Impact Fee Service Unit Equivalency for Ordinance 3570 August 6, 2019 Page 2 of 2 Ordinance 7 included the equivalency table Table -1 from the Water& Wastewater Impact Fee Study, as Table 4, as well as including the full Impact Fee Study as Exhibit A withthe ordinance. Table 4-1 is included here for reference and shows the calculated service unit equivalencies(SUES) as different for water and wastewater; however,that was only used in the calculations of the wastewater SUES to account for the fact that the water system has some irrigation only water meters that would not be included in the SUE calculations for wastewater and not to decrease the SUE factor for wastewater. An exact count of irrigation ers was not available at the time of the study, so a ratio of 86%was applied to the number of water meters to determine the number of wastewater meters that should be multiplied by the equivalency factors (third column in Table -1)to calculate the wastewater SUES. This is detailed in Section 4.1 on page 4-1. As an example,the SUES for meters for water would be calculated as: Water SUE = Number of 3" Water Meters x 1 , and the SUEs formeters for wastewater would be calculated as: Wastewater Ss = (Number of 3" Water Meters * )x 1 . Table 4-1 Service it Equivalency Table -----.....Service__... r_w._Service._a._. MeterWater ' i I i t .-. ... ........- ........ .. --.. ..- ..... _.-.... ..... ...-1- ...I--. ...._.� � ...,. _......... ®..- .........._ _............. -_...... .................�..................m_...._......_. ........_..........m..._................-............... 0...............-.......... ...... 446 1.67 44 _..._ .............._.11-..........-...................._........ .�._1-..........-_. .®... ...._--..........-. .._........._...-....... .__.............-.1-1.......... .................. _......_...... . _.........._._............ ® _.................... u Zj rr 2® 1 __._.........'®... .......... ._..._..w_.... .... ..- 00 ..._.-- ........._.. -11............. _ ........ ........_ ..._.. . ._............._........-.......... ......0.._...............--......._...- 450 1..............-..............-- .._..........��__®..........--._....... ...........--. ..........--.......... ._.M.............._-...2........-...........�-._... 99 33.33 8.66 51 ............I _........... ....--.....�......_................._. .__......._..._......_...........®...._......_................................................._ ............................... For calculation of impact fees,the equivalencies shown under the "Water Service Unit Equivalencies" in Table - 1 should be used for both water and wastewater as shown below.The impact fee schedule for all five years for each meter size is shown in the tables attached to this memorandum for additional clarification. NORTH RICHLAND HILLS METER UNIT EQUIVALENCY( ) ....................................... Meter Unit r i iv l .......................................................................................................... ................................. 3/4" 1.00 ...... ................................................................................... ill 1.67 ....................................... ..............................................................................................................-.................................... 1-1/2 3.33 .......................................... ........................................ 2" 5.33 ............. ...................................... 3" 10.00 .................................. .......................................................... 4" 16.67 6" 3 . 3 °° 60.00 N1kH CITY OF NORTH RICHLAND HILLS May 21, 2020 Mayor and City Council City of North Richland Hills North Richland Hills, TX 76180 RE,: Capital Improvements Advisory Committee Action Mayor and Council: On this evening, the Capital Improvements Advisory Committee conducted a meeting to comply with requirements outlined in Chapter 395, Local Government Code. During this meeting, the operating statistics for the current impact fee program through March 31, 2020, were reviewed in detail. After discussion of these statistics, the Committee voted to report to the City Council that there are not any perceived inequities in implementing the plan or in imposing the current impact fee schedule. In addition, the Committee was briefed on a discrepancy in the meter unit equivalent (MUE) rate for wastewater that requires an update to a table in the City's fee schedule which will result in a slightly higher collection rate for wastewater impact fees. The Committee finds that the wastewater MUE update is appropriate. Should our Committee be able to provide any additional information to the Council related to this subject, we would be happy to do so at your convenience. Respectfully, Jerry Tynor, Vice hair Capital Improvements Advisory Committee 4301 City Point Drive North Richland Hills, Texas 76180 (817)427-6400 Fax(817)427-6404 Star-Telegr&T Arlington Citizen-Journal i The Keller Citizen I La Estrella Mansfield News-Mirror Star-Telegram Northeast i Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION lgenflog§lIgn I PQ Amount s Depth 600579 0004675046 NOTICE OF PUBLIC HEARING ON IMPACT FEE 'PUBLIC HEARING ON IMPACT $38.60 1 1 40.00 Li Attention: Maria V. Lindsey THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me, a Notary Public in and for said County and State,this day personally appeared VICTORIA NOTICE OF PUBLIC HEARING ON RODELA, Bid and Legal Coordinator IMPACT FEE RATES g DATE:North Richland Hills for the Star-Telegram, published b DATE:July 27,2020 g P Y TIME:7:o0PM the Star-Telegram, Inc. at Fort Worth, PLACE: NORTH RICHLAND HILLS CITY HALL COUNCIL In Tarrant County, Texas; and who, CHAMBERS 4301 CITY POINT DRIVE after being duly sworn, did depose NORTH RICHLAND HILLS, TX 76180 and say that the attached clipping of The North Richland Hills sty an advertisement was published in Council will holda public hearing at the location, date and time the above named paper on the listed listed above, The purpose of P P the public hearing Is to consider dates: an amendment to the current Impact Fee Study to correct the wastewater collection rate per service unit equivalent. The current impact fee per service unit remains unchanged at $1,851 for water and$1,210 for 1 Insertions wastewater. Any member of ( ) the public has the right to ap- pear at the hearing and present Published On: evidence for or against proposed impact fees. June 24,2020 The Impact Fee Study contain- ing the land use assumptions and capprtal improvements plan is avai able fol viewing on the City's website www.nrhtx.com or in person in the Public Works /Engineering Department in the first floor of City Hall,4301 City Point Drive, North Richland Hills, Texas, Monday - Friday, during normal business hours 8am-5pm. r (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 6th day of July in t y ar of 2020 01 AMBAR LIZARRAGA My Notary ID#132031291 Expires May 3%2023 Extra charge for lost or duplicate affidavits. Legal document please do not destroy! IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Consider Ordinance No. 3656, amending Section 110 of the North Richland Hills Code of Ordinances to amend the current Impact Fee Study and update the wastewater service unit equivalent in the city's fee schedule. PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: This agenda item consists of approving an ordinance to clarify the Impact Fee Study and update the City's wastewater Impact Fee collection rate. GENERAL DESCRIPTION: In January 2018, City Council approved the current Water and Wastewater Impact Fee Study and adopted new impact fee rates. Last year city staff contacted Freese & Nichols, the Impact Fee Study author, to seek clarification on the intended fee collection for wastewater. The study included a Meter Unit Equivalent (MUE) table providing different values for water and wastewater. Previous impact fee studies had maintained equivalent MUE values for both water and wastewater. The MUE values for water and wastewater are essentially multipliers of the approved Impact Fees, and are based on the size of the water meter. The current fee schedule includes the table below, taken from the 2018 study: CURRENT NRH METER/SERVICE UNIT EQUIVALENCY Water Wastewater Meter Size Equivalency Equivalency Factor Factor 3/4" 1.00 0.86 ill 1.67 1.44 1-1/2" 3.33 2.86 2" 5.33 4.58 3" 10.00 8.60 4" 16.67 14.34 6" 33.33 28.66 8" 60.00 51.60 IrLp NOKTH KICHLAN HILLS Following our discussions with Freese & Nichols, they issued a clarifying technical memo, which is provided as Exhibit A to the proposed ordinance. The memo indicates that the wastewater equivalency factor should be the same as the water equivalency factor as shown below: PROPOSED NRH METER/ SERVICE UNIT EQUIVALENCY Water Wastewater Meter Size Equivalency Equivalency Factor Factor 3/4" 1.00 1.00 ill 1.67 1.67 1-1/2" 3.33 3.33 2" 5.33 5.33 3" 10.00 10.00 4" 16.67 16.67 6" 33.33 33.33 8" 60.00 60.00 The proposed change does not alter the approved impact fees rates as identified in the Impact Fee Study and approved by City Council, but rather the factors used to determine how the actual impact fees are calculated for each property or water/wastewater service. The adjustment results in a roughly 16% increase in the one-time NRH impact fee payment for the wastewater portion of the fee when a domestic water meter is initially installed. For example, when a property owner pays for a new 3/" water meter for domestic service, the NRH Wastewater Impact fee will be $1,210 instead of$1,040. The NRH Water Impact Fee remains unchanged at $1,851. The monthly usage bills for NRH customers are not impacted by this change. This information was presented to the Capital Improvements Advisory Committee (CIAC) on May 21, 2020. A letter of CIAC support for the proposed update is provided with this agenda item. RECOMMENDATION: Approve Ordinance No. 3656. ORDINANCE NO. 3656 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE IMPACT FEE STUDY, AMENDING CHAPTER 110 AND APPENDIX A, FEE SCHEDULE, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; WHEREAS, Chapter 395, Texas Local Government Code, provides a procedure enabling municipalities to enact and update impact fees; and WHEREAS, on September 22, 1997, the City Council first imposed impact fees by passing Ordinance 2241 which fees have been previously reviewed as provided by law and last updated after a public hearing on March 8, 2010; and, WHEREAS, on December 11, 2017, the City Council conducted a public hearing, after compliance with all legal prerequisites, to consider amendments to the land use assumptions and capital improvements plan upon which the City's impact fees are based, as well as to consider amendments to such impact fees; and WHEREAS, on January 7, 2018, the City Council adopted the updated land use assumptions, capital improvements plans and impact fee calculations for water and wastewater improvements to the City's water and wastewater system, which was considered at the December 11, 2017 public hearing; and WHEREAS, on March 4, 2019, the City Council adopted the updated capital improvements plans and impact fee calculations for water and wastewater improvements to the City's water and wastewater system, which was considered at the February 11, 2019 public hearing; and WHEREAS, on July 27, 2020, the City Council conducted a public hearing, after compliance with all legal prerequisites, to consider an amendment to such impact fees; and WHEREAS, the City Council desires to update the Wastewater Equivalency Factor as defined in the impact fee study and clarified in an August 2019 Technical Memorandum by the study's author; and WHEREAS, the Water and Wastewater Impact Fee Update Report and Capital Improvements Plans were developed by qualified professionals using generally accepted engineering and planning practices in accordance with Section 395.014 of the Texas Local Government Code; Ordinance No. 3656 Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: The City Council finds that all legal requisites have been met, and that the recitals above are true and correct and are incorporated into this Ordinance for all purposes. Section 2: The City Council hereby amends the adopted Water and Wastewater Impact Fee Update Report and Capital Improvements Plans with a technical memorandum dated August 6, 2019, a copy of which is attached as Exhibit "A." A copy of the Water and Wastewater Impact Fee Update Report and Capital Improvements Plan including Exhibit "A" shall be maintained by the Public Works Department at all times in the City Hall. Section 3: The fees established by Appendix A, Fee Schedule, of the North Richland Hills Code of Ordinances for Chapter 110, Article XIX, Impact Fees, are hereby amended by replacing Table 4, which is attached hereto and incorporated herein, in its entirety. Section 4: All other fees set forth in Appendix A, Fee Schedule, not amended herein in this ordinance remain unchanged and in full force and effect. Section 5: 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 6: 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 7: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of 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 No. 3656 Page 2 of 4 Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 8: This ordinance shall become effective immediately after and upon its passage. AND IT IS SO ORDAINED. PASSED on this 27t" day of July, 2020. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, Attorney APPROVED AS TO CONTENT: Caroline Waggoner, Director of Public Works Ordinance No. 3656 Page 3 of 4 TABLE 4 NORTH RICHLAND HILLS METER / SERVICE UNIT EQUIVALENCY Water Wastewater Meter Size Equivalency Equivalency Factor Factor 3/4" 1.00 1.00 ill 1.67 1.67 1-1/2" 3.33 3.33 2" 5.33 5.33 3" 10.00 10.00 4" 16.67 16.67 6" 33.33 33.33 8" 60.00 60.00 Ordinance No. 3656 Page 4 of 4 Exhibit 2019 Technical Memo 771 ® ® ® Innovative approaches Practical results ® • • 4055 International Plaza,Suite 200 Fort Worth,Texas 76109 • 817-735-7300 fax 817-735-7491 www.freese.com TO: Caroline Waggoner, P.E. =�E OF`%ili FROM: Jessica Brown, P.E. ®®®®° '•®�s*I®® SUBJECT: Clarification on Water and Wastewater Impact Fee Service / Unit Equivalency for Ordinance 3570 ® JESSICA L. BROWN i e®o°®o•0000®00000000®000� •/ ®®-0 o® 90098 DATE: August 6 2019 ® o ®•�� �•®c'�,® PROJECT: Water&Wastewater Impact Fee Study(NRH15536) °' 11%/O® TEXAS REG�S I ERED EN INIEICIR0NG RRM F- 1 4.. The most recent impact fee ordinance for the City of North Richland Hills,Ordinance 3570,was adopted on March 4, 2019. The fee schedule was included as Table 1B in the ordinance and is included below. Ordinance Chapter 110—Appendix A— Fee Schedule TABLE 1B NORTH RICHLAND HILLSIMPACT Program Dates Water Wastewater Year 1 January 8, 21 —January 7, 2019 $1,429 $685 January 8, 2019—January 7, 2020 $1,644 $1,008 January 8, 200—January 7, 2021 $1,851 $1,210 January 8, 2021 —January 7, 2022 $1,851 $1,210 January 8, 2022 —January 7, 2023 $1,851 $1,210 , , Clarification on Water and Wastewater Impact Fee Service Unit Equivalency for Ordinance 3570 August 6, 2019 Page 2 of 2 Ordinance 7 included the equivalency table Table -1 from the Water& Wastewater Impact Fee Study, as Table 4, as well as including the full Impact Fee Study as Exhibit A withthe ordinance. Table 4-1 is included here for reference and shows the calculated service unit equivalencies(SUES) as different for water and wastewater; however,that was only used in the calculations of the wastewater SUES to account for the fact that the water system has some irrigation only water meters that would not be included in the SUE calculations for wastewater and not to decrease the SUE factor for wastewater. An exact count of irrigation ers was not available at the time of the study, so a ratio of 86%was applied to the number of water meters to determine the number of wastewater meters that should be multiplied by the equivalency factors (third column in Table -1)to calculate the wastewater SUES. This is detailed in Section 4.1 on page 4-1. As an example,the SUES for meters for water would be calculated as: Water SUE = Number of 3" Water Meters x 1 , and the SUEs formeters for wastewater would be calculated as: Wastewater Ss = (Number of 3" Water Meters * )x 1 . Table 4-1 Service it Equivalency Table -----.....Service__... r_w._Service._a._. MeterWater ' i I i t .-. ... ........- ........ .. --.. ..- ..... _.-.... ..... ...-1- ...I--. ...._.� � ...,. _......... ®..- .........._ _............. -_...... .................�..................m_...._......_. ........_..........m..._................-............... 0...............-.......... ...... 446 1.67 44 _..._ .............._.11-..........-...................._........ .�._1-..........-_. .®... ...._--..........-. .._........._...-....... .__.............-.1-1.......... .................. _......_...... . _.........._._............ ® _.................... u Zj rr 2® 1 __._.........'®... .......... ._..._..w_.... .... ..- 00 ..._.-- ........._.. -11............. _ ........ ........_ ..._.. . ._............._........-.......... ......0.._...............--......._...- 450 1..............-..............-- .._..........��__®..........--._....... ...........--. ..........--.......... ._.M.............._-...2........-...........�-._... 99 33.33 8.66 51 ............I _........... ....--.....�......_................._. .__......._..._......_...........®...._......_................................................._ ............................... For calculation of impact fees,the equivalencies shown under the "Water Service Unit Equivalencies" in Table - 1 should be used for both water and wastewater as shown below.The impact fee schedule for all five years for each meter size is shown in the tables attached to this memorandum for additional clarification. NORTH RICHLAND HILLS METER UNIT EQUIVALENCY( ) ....................................... Meter Unit r i iv l .......................................................................................................... ................................. 3/4" 1.00 ...... ................................................................................... ill 1.67 ....................................... ..............................................................................................................-.................................... 1-1/2 3.33 .......................................... ........................................ 2" 5.33 ............. ...................................... 3" 10.00 .................................. .......................................................... 4" 16.67 6" 3 . 3 °° 60.00 TABLE 4 NORTH RICHLAND HILLS METER/ SERVICE UNIT EQUIVALENCY Water Wastewater Meter Size Equivalency Equivalency Factor Factor 3/4" 1.00 1.00 1" 1.67 1.67 1-1/2" 3.33 3.33 2" 5.33 5.33 3" 10.00 10.00 4" 16.67 16.67 6" 33.33 33.33 8" 60.00 60.00 Ordinance No. N1kH CITY OF NORTH RICHLAND HILLS May 21, 2020 Mayor and City Council City of North Richland Hills North Richland Hills, TX 76180 RE,: Capital Improvements Advisory Committee Action Mayor and Council: On this evening, the Capital Improvements Advisory Committee conducted a meeting to comply with requirements outlined in Chapter 395, Local Government Code. During this meeting, the operating statistics for the current impact fee program through March 31, 2020, were reviewed in detail. After discussion of these statistics, the Committee voted to report to the City Council that there are not any perceived inequities in implementing the plan or in imposing the current impact fee schedule. In addition, the Committee was briefed on a discrepancy in the meter unit equivalent (MUE) rate for wastewater that requires an update to a table in the City's fee schedule which will result in a slightly higher collection rate for wastewater impact fees. The Committee finds that the wastewater MUE update is appropriate. Should our Committee be able to provide any additional information to the Council related to this subject, we would be happy to do so at your convenience. Respectfully, Jerry Tynor, Vice hair Capital Improvements Advisory Committee 4301 City Point Drive North Richland Hills, Texas 76180 (817)427-6400 Fax(817)427-6404 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Consider Ordinance No. 3659, abandoning a water line easement in the Sunnybrook School Addition PRESENTER: Caroline Waggoner, Public Works Director SUMMARY: The City Council is being asked to approve an ordinance abandoning a water line easement in the Sunnybrook School Addition. GENERAL DESCRIPTION: As part of the Birdville Independent School District (BISD) Smithfield Middle School science building construction, a water main was extended and an easement was granted to provide a fire hydrant for the facility in May of 2016. The easement was dedicated by separate instrument: D216158176 Deed Records of Tarrant County, Texas (D.R.T.C.T.). With another campus expansion in June of 2019, the water main and fire hydrant constructed in 2016 had to be relocated. Fire protection has been provided elsewhere on site. Since the water line and fire hydrant have been relocated, the easement no longer contains public infrastructure and is not needed. In addition, the new gym building encroaches into the easement that is proposed to be abandoned. Accompanying this abandonment ordinance is a release agreement that has been executed by BISD and a quitclaim deed to be executed by the City. RECOMMENDATION: Approve Ordinance No. 3659 ORDINANCE NO. 3659 AN ORDINANCE VACATING AND ABANDONING IN-PLACE A PORTION OF A WATER LINE EASEMENT PREVIOUSLY CONVEYED TO THE CITY; DECLARING THAT SUCH EASEMENT IS NO LONGER NEEDED FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE AQUITCLAIM 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 May 18, 2016, a water line easement was granted to the City, which such easement is filed of record as Instrument No. D216158176 of the Tarrant County Deed Records; and WHEREAS, the current property owner, Birdville Independent School District ("BISD" or "Developer") is proposing to make modifications to the Smithfield Middle School building, and is requesting that a portion of an existing water line be removed, and after careful study and consideration, the City Council has determined that the public would be better served and benefited by vacating and abandoning a portion of the existing easement (depicted and described in Exhibit "A" herein); 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 a portion of the water line easement conveyed to the City on or about May 18, 2016 filed of record as Instrument No. D216158176 of the Tarrant County Deed Records, and as NRH Ordinance No. 3659 Page 1 of 3 shown and described on Exhibits "B" attached hereto and incorporated herein. SECTION 3: The purpose of vacating and abandoning the portion of the existing easement is to allow the Developer to build a structure across a portion of 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 a portion 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, to the extent permitted by law, 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, but only to the extent set forth in the agreement executed and attached hereto as Exhibit "C." 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, NRH Ordinance No. 3659 Page 2 of 3 whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 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 27t" day of July, 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 NRH Ordinance No. 3659 Page 3 of 3 ;, d y. � :, � 6 ^ ® ��� ® �� 2 \�� � ^~ 2 :�\ m m »\ �\ \ \\ . ,y �% \�> / / ! & �y y . .< � �� ^ � * , / ^ ~ � � ? � � y?s > y �< � / � \ . : � / / *, »: «w *. »w »#:t� f¥ ? «»*««: m; !» a � 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, after review of the easement shown and described in Exhibit A, attached hereto and incorporated herein which was conveyed to the City on or about May 18, 2016 and filed of record as Instrument No. D216158176 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; and 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 Birdville Independent School District, 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: A portion of the property shown and described on Exhibit A attached hereto and incorporated herein, such property also being a water line easement conveyed to the City, an easement filed of record as Instrument No. D216158176 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. City of NRH_BISD_Quit Claim Deed Page 1 of 2 Executed this the 27th day of July, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: 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 City of NRH_BISD_Quit Claim Deed Page 2 of 2 EXHIBIT"A" "15' WATER EASEMENT VACATION" Being 1,825 square feet of land situated in Block 1, Sunnybrook School Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, as filed in Volume 388-95, Page 43,Plat Records of Tarrant County,Texas(P.R.T.C.T.),and being a portion of a tract of land described in deed to Birdville Independent School District,according to the deed filed in Volume 5273, Page 513, Deed Records of Tarrant County, Texas (D.R.T.C.T.);and being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found at the intersection of the south Right-of-Way (R-O-W) line of Main Street(60' in width per plat), with the east R-O-W line of Marlette Court (50' in width per plat), also being the northeast corner of Lot 1, Block 7, Glenann Addition,an addition to the City of North Richland Hills,Tarrant County,Texas,as filed in Volume 388-82,Page 42,P.R.T.C.T.; THENCE S 89027'16"W, along the south R-O-W line of said Main Street,passing along the north line of said Lot 1, and said Block 7, a distance of 575.76 feet to the northeast corner of a 15' water easement, as recorded in Instrument#D216158176, D.R.T.C.T., for the POINT OF BEGINNING of the hereinafter described tract of land; and from which the northwest corner of said Block 7,bears N 89°27'16"E,a distance of 450.76 feet; THENCE over and across said Block 7, along the perimeter of said 15' water easement, the following courses and distances; S 38°19'24"W,along the east line of said easement,a distance of 127.72 feet to the south corner of said easement; N 51°40'36" W, along the south line of said easement, a distance of 15.00 feet to the west corner of said easement; N 38°19'24" E, along the west line of said easement, a distance of 115.63 feet to the northwest corner of said easement in the north line of said Block 7,also being in the south R-O-W line of said Main Street; THENCE N 89027'16" E, along the north line of said easement, the north line of said Block 7,and along the south R-O-W line of said Main Street,a distance of 19.27 feet to the POINT OF BEGINNING and containing 1,825 square feet or 0.042 of an acre of land. OF of rr�3 q�Q d►.. ate:July 8,2019 �TH BEF1E ON W S Theron W.Sims,R.P.L. ...... 5� T Texas Registration No.58 7 + o ar Surveyed on the ground July 3,2019 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) 2010.00) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS)via Real Time Kinematic(RTK) methods. An average Combination Factor of 1.00014769446 was used to scale grid coordinates and distances to surface. 2.Integral parts of this survey: a. Legal Description b.Sketch Sheet 1of2 VLK 18477 (IV7d d3d M-0-8 09) N 1.0 *od 'JG-Ggf '10A rn I N I 'NGGV NNVN3 ob 25 att I oo z uo OZO Q) Q) -Q kn in —--I '�'i I. rn *Aff I I MffHS LO "t co Lj to E 4 Jz E 00 Qj Q c S RE 0 w en E oo E X QM 16 n S cj E2 VDU C� Q: Q'o ti r, v). O�ZWo� I 4. OEN o LO w:co L c, Yll% e c') U) 8 8 Z c c 3 7 C�z 2 Y. — Z. o t c. IL N CM cj 6 00 C2 LLI N -00 1': c II z 75 -a IL 0 cto s t. Uj x z, M LLI F- ) 2! e '00 E0 N < V) C%4 CL c 13: 3 v) z *&T(T NosaN.Q" CITY OF NORTH RICHLAND HILLS, TEXAS WATER LINE EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § That I/we, as Seller(s), for and in consideration of the agreed purchase price often Dollar(s) ($10.00 ) 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 public water line facilities including underground conduits, 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 thereof. 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: None To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed this the I b day of Oa�.A A.D., 2-QN.,:)b SELLER(S) ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged ore a on thi 1 e) dR of Mau A.D., 2008. ZOI(o Notary Public, State o Texa Commission Expires: Notary's Printed Name: �Cllcl q , qc)I �rx rir .� 1'10 rrtsor� PATRICE R MORRISON Notary ID N 129813576 My Corn nission Expires .r.�OMF May 9,2018 PW30WATR.EAS r EXHIBIT "A" FIELD NOTES — DESCRIPTION 15' WIDE WATERLINE EASEMENT BEING A TRACT OF LAND LOCATED IN THE TANDY K. MARTIN SURVEY, ABSTRACT NO. 1055, TARRANT COUNTY, TEXAS, BEING A PORTION OF BLOCK 1, SUNNYBROOK SCHOOL ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-95, PAGE 43, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: cV Q BEGINNING AT A POINT IN THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH RIGHT—OF—WAY UI LINE OF MAIN STREET (A 60' RIGHT—OF—WAY), FROM WHICH A 1/2" IRON ROD FOUND BEARS Uj SOUTH 89'25'33" WEST, A DISTANCE OF 715.71 FEET, SAID IRON ROD BEING THE INTERSECTION OF THE WEST RIGHT—OF—WAY LINE OF AMUNDSON ROAD (AN 80' RIGHT—OF—WAY) WITH THE SOUTH RIGHT—OF—WAY LINE OF SAID MAIN STREET; 3 THENCE NORTH 89'25'33" EAST, ALONG THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH in RIGHT—OF—WAY LINE OF SAID MAIN STREET, A DISTANCE OF 19.27 FEET TO A POINT, FROM WHICH A 1/2" INCH IRON ROD FOUND BEARS NORTH 75'54'16" EAST, A DISTANCE OF 256.62 FEET, SAID IRON ROD BEING THE INTERSECTION OF THE NORTH RIGHT—OF—WAY LINE OF SAID w MAIN STREET WITH THE WEST RIGHT—OF—WAY LINE OF SHERRI LANE (A 50' RIGHT—OF—WAY); THENCE SOUTH 38'17'34" WEST, DEPARTING THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH RIGHT—OF—WAY LINE OF SAID MAIN STREET, A DISTANCE OF 127.72 FEET TO A POINT, FROM > WHICH A 5/8" IRON ROD FOUND BEARS SOUTH 40"01'55" WEST, A DISTANCE OF 868.13 FEET, w SAID IRON ROD BEING THE SOUTHWEST CORNER OF SAID BLOCK 1; THENCE NORTH 51"42'26" WEST, A DISTANCE OF 15.00 FEET TO A POINT; oa THENCE NORTH 38'17'34" EAST, A DISTANCE OF 115.63 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.042 ACRES (1,825 SQUARE FEET) OF LAND, MORE OR LESS. W a ro 0 �o 0 N .� rg, N cr � •4 ''�` t9;tfs ..".. ca AARON L. STRINGFELLOW w ♦....1 ....♦ '} "'4 637-4 9 a�;.. a (A yti' 5 5 THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF AARON L. STRINGFELLOW, R.P.L.S. N NO, 6373, FEBRUARY 15, 2016. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE cv COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. I .n 0 NORTH RICHLAND HILLS REV. DATE BY DESCRIPTION CHK. B I RDV i LLE i SD n SURVEYOR PREPARING THIS EXHIBIT: 15' WIDE WATERLINE EASEMENT V//A WIER a ASSOCIATES INCH CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS DRA14N BY:JLV DATE:05-12-20161 DWG. NO. REV. L 2201 tAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 METRO (817)467--7700 416- Texas Firm Registration No. F-2776 www.WierAssociotes.com CHECKED BY DATE:05-12-2016 ¢ Texas Board of Land Surveying Registration No. 10033900 SCALE:N/A APP.• 2 OF 2 EXHIBIT "A" 15 I 14 13 BLOCK 4 GLENANN ADDITION VOL. 388-77, PG, 47 P.R.T.C.T. 0 15'X20' WATERLINE MA IN S TREE T EASEMENT (60' RIGHT-OF-WAY) ( SQ FT. 0 PLA CE OF 1/2- IRF N744528"E z BEGINNING S8925'33"W 735-26' Ll --............. .......... 1/2" IRF (CM) w I 15' WIDE WATERLINE LJ EASEMENT N8925J,3"E BY SEPARATE 430.48 D- INSTRUMENT 0 M F.: > z I U) % �0 `- BLOCK 1 z 00 Uj SUNNYBROOK SCHOOL ADDITION:2 1 --z<t5o) < VOL. 388-95, PC. 43 to -j P.R.T.C.T, M jjjtqcy '4 t0till, i0o y 'r o TRAG 0- IgA95 EASEMENT LINE TABLE LINE BEARING DIST tj LI N89*25'JJ OE 20.00' NOTES: (1) ALL BEARINGS SHOWN HEREON ARE L-- L2 SOO*J42 71E 15.00' 0 CORRELATED TO THE TEXAS STATE PLANT 5/8- IRF COORDINATE SYSTEM, NORTH CENTRAL ZONE (CM) L3 'JJ"W 1 4202, NAD OF 1983, AS DERIVED BY FIELD j OBSERVATIONS UTILIZING THE RTK NETWORK 20.00' L4 NOO*J S89*25 427"W 15.00' toADMINISTRATED BY WESTERN DATA SYSTEMS. (2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT. L E G E N D < ' (3) THIS SURVEY WAS MADE ON THE GROUND (0 FEBRUARY 15, 2016 UNDER THE DIRECT CM CONTROLLING MONUMENT SUPERVISION OF AARON STRINGFELLOW, R,P.L.S. IRF IRON ROD FOUND C-4 NO, 6373. (4) REFER TO THE ACCOMPANYING FIELD NOTES 0 4.0 13 EASEMENT ATTACHED HERETO AND MADE A PART THEREOF. 0 6 - NORTH RICHLAND HILLS 1 5/12 JLV ENLARGED EASEMENT AREA REV. DATE BY DESCRIPTION CHK. BIRDVILLE ISD /a� SURVEYOR PREPARING THIS EXHIBfr- 15X201 WATERLINE EASEMENT WIER & ASSOCIATES, INC CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS DRAWN BY,JLV DATE.05-12-�DWG. NO, REV. U) 2201 LAW BLVD., SUITE 200E ARUNGTON, TEXAS 76006 METRO (817)467-7700 7 Texos Firm Registration No. F-2776 www.WierAssociates.com DATE:05-12-2016 3 qtx 'w, -7 Texas Board of Land Surveying Registration No. SCALE: 1'= 1 OF 2 1 EXHIBIT "A" FIELD NOTES -- DESCRIPTION 15'X20' WATERLINE EASEMENT BEING A TRACT OF LAND LOCATED IN THE TANDY K. MARTIN SURVEY, ABSTRACT No. 1055, TARRANT COUNTY, TEXAS, BEING A PORTION OF BLOCK 1, SUNNYBROOK SCHOOL ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-95, PAGE 43, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C,T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH RIGHT-OF-WAY 0) LINE OF MAIN STREET (A 60' RIGHT-OF-WAY), FROM WHICH A 1/2" IRON ROD FOUND BEARS SOUTH 89`25'33" WEST, A DISTANCE OF 735.26 FEET, SAID IRON ROD BEING THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF AMUNDSON ROAD (AN 80' RIGHT-OF--WAY) WITH THE Z SOUTH RIGHT-OF-WAY LINE OF SAID MAIN STREET; THENCE NORTH 89'25'33" EAST, ALONG THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH RIGHT-OF-WAY LINE OF SAID MAIN STREET, A DISTANCE OF 20.00 FEET TO A POINT, FROM WHICH A 1/2" INCH IRON ROD FOUND BEARS NORTH 74"45'28" EAST, A DISTANCE OF 236.95 FEET, SAID IRON ROD BEING THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SAID w MAIN STREET WITH THE WEST RIGHT-OF-WAY LINE OF SHERRI LANE (A 50' RIGHT-OF-WAY); THENCE SOUTH 00'34'27" EAST, DEPARTING THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH RIGHT-OF-WAY LINE OF SAID MAIN STREET, A DISTANCE OF 15.00 FEET TO A POINT; w THENCE SOUTH 89'25'33" WEST, A DISTANCE OF 20.00 FEET TO A POINT, FROM WHICH A 5/8" IRON ROD FOUND BEARS SOUTH 40`23'13" WEST, A DISTANCE OF 984,61 FEET, SAID IRON ROD r BEING THE SOUTHWEST CORNER OF SAID BLOCK 1; in THENCE NORTH 00*34*27" WEST, A DISTANCE OF 15.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 300 SQUARE FEET OF LAND, MORE OR LESS. v� a. it AAR�ON L. S�...INGFELLOW ............. ... 633 :� y,• �,y®�E 5 S A4 u�� THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF AARON L. STRINGFELLUW, R.P.L.S. N NO. 6373, FEBRUARY 15, 2016. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE I COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. 1 0 NORTH RICHLAND HILLS 1 5 12 JLV ENLARGED EASEMENT AREA REV. DATE 6Y DESCRIPTION CHKa. . I RDV I Lt E I Sp SURVEYOR PREPARING THIS EXHIBIT: 15'X20' WATERLINE EASEMENT o A WIER & ASSOCIATES, INC. CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS to 2201 IAMAAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 METRO (817)467-7700 DRAWN BY:JLV DATE:05-12-2tJ18 DWG. NO. REV. Texas Firm Registration No, F-2776 www.WierAssociates.com ciEGKED BY: DATE:05-12-2016 2F 2 Texas Board of Land Surveying Registration No. 10033900 SCALE: N/A APP,: R MARY LOUISE GARCIA COUNTY CLERK We 100 -0 West Weatherford Fort Worth, TX 76196 0401 PHONE (817) 884-1195 CITY OF NORTH RICHLAND HILLS MARIA LINDSEY 4301 CENTER POINT DRIVE NORTH RICHLAND HILLS, 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: 7/15/2016 12:35 PM Instrument#: D216158176 E 6 PGS $32.00 By: D216158176 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. RELEASE AGREEMENT This Release Agreement ("Agreement") is entered into by and between the City of North Richland Hills,Texas("City"),a Texas home-rule City, and Birdville Independent School District ("Developer"), individually referred to as a"party" and collectively referred to as the "parties." RECITALS On or about May 18, 2016, a water line easement(the"Easement")was granted to the City,which such easement is filed of record as Instrument No. D216158176 and recorded at the Deed Records of Tarrant County, Texas. By Ordinance No. w approved on , the City Council vacated and abandoned in-place a portion of the Easement and determined that the public would be better served and benefited by relinquishing its right to a portion of the Easement and releasing and assigning, by quitclaim deed, all title and control in a portion of 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 for claims of damages or loss related to the vacating and abandonment of a portion of the Easement, in accordance with applicable law as set forth herein in the Agreement. AGREEMENT 1. The parties acknowledge and agree that the City has agreed to abandon a portion of the Easement for the purpose of allowing Developer to build a structure across the easement, which is no longer needed to provide fire protection as fire protection has been provided elsewhere. 2. The portion of the Easement to be abandoned shall be vacated of all water pipe, and in accordance with industry standards and best practices. Upon completion, and inspection by the City, such portion of the Easement shall be considered abandoned. 3. Developer shall pay all costs and expenses associated with or related to removing the sanitary sewer pipe and appurtenances. 4. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM ANY AND ALL LIABILITY FOR CLAIMS FOR DAMAGES OR LOSS RELATED TO THE ABANDONING IN PLACE OF A PORTION OF THE EASEMENT, IF SUCH DAMAGE OR LOSS IS CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF THE DEVELOPER OR ITS EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, BUT ONLY TO THE EXTENT DEVELOPER WOULD BE LIABLE FOR SUCH Release Agreement Pagel of 4 DAMAGES OR LOSS PURSUANT TO CHAPTER 101 OF THE TEXAS CIVIL PRACTICES AND REMEDIES CODE, THE TEXAS TORTS CLAIM ACT. DEVELOPER FURTHER AGREES THAT DEVELOPER SHALL BE LIABLE FOR ANY AND ALL CLAIMS FOR DAMAGES OR LOSS OF ANY HIND, 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 PORTION OF THE EASEMENT, IF SUCH DAMAGE OR LOSS IS CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF DEVELOPER OR ITS EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, BUT ONLY TO THE EXTENT DEVELOPER WOULD BE LIABLE FOR SUCH DAMAGES OR LOSS PURSUANT TO CHAPTER 101 OF THE TEXAS CIVIL PRACTICES AND REMEDIES CODE, THE TEXAS TORTS CLAIM ACT. 5. This covenant and condition shall run with the land and be binding on all successors and assigns of the fee estate. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: DEVELOPER, BIRDVILLE INDEPENDENT SCHOOL DISTRICT: ' B Mark Hindman, City Manager Name: Darrell Brown Date: ..._... _ ___... . Title: .._: ...W[. — ....._... Date: —j—m � ATTEST: Alicia Richardson, City Seca etary APPROVED TO FORM AND LEGALITY: Maleshia McGinnis,City Attorney [Remainder of page intentionally left blank] Release 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: mm... ............. Release Agreement Page 3 of`4 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority,on this day personally appeared Darrell Brown, 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 Birdville Independent School District, for the same purposes and considerations therein expressed. GWEN UNDER MY HAND AND SEAL OF OFFICE, this Z day of —.... ._. ._....._.., 20.20 BRENDAL.RYAN 13L1 1. � My Nrbary m#11063494 Nth"1"AIRY Phi �, STATE O l 1 l AS * •� ExpkaF&uaRAJ ry3,2022 Prince mm ssio _ :: ( �- ' y Expires: s: .... : - I AFTER RECORDING RETURN TO: Alicia Richardson, City Secretary City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 Release Agreement Page 4 of 4 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BAIRD, HAMPTON & BROWN, INC. 1. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called "CITY"), and BAIRD, HAMPTON & BROWN, INC., a Texas corporation, acting by and through its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the GLENVIEW DRIVE EAST PROJECT (FLORY TO BOULEVARD 26). NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the GLENVIEW DRIVE EAST PROJECT (FLORY TO BOULEVARD 26) in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section Vill- "Compensation" and Exhibit F: "Compensation". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 1 of 31 and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES Additional Engineering Services are defined in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. No Additional Engineering Services are authorized unless authorization for specified additional services are provided to ENGINEER by CITY in writing and approved by CITY. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E. "Services to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. Total payments including without limitation reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed THREE HUNDRED SEVENTY-SEVEN THOUSAND EIGHT HUNDRED FORTY DOLLARS AND 60/100 CENTS ($377,840.60). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 2 of 31 IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER AND ITS SUBCONSULTANTS SHALL INDEMNIFY AND HOLD CITY AND ALL OF ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSES, ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF ENGINEER OR ITS SUBCONSULTANTS, AND ALL OTHER PERSONS PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR, OR OMISSION IN THE PERFORMANCE OF ENGINEER'S PROFESSIONAL SERVICES OR IN THE PREPARATION OF EVALUATIONS, REPORTS, SURVEYS, DESIGNS, WORKING DRAWINGS, SPECIFICATIONS AND OTHER ENGINEERING DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH; ENGINEER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM ON ACCOUNT OF THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS OR OMISSIONS, AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAYBE INCURRED BY OR RENDERED AGAINST CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM, IN CONNECTION WITH THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS, OR OMISSIONS; PROVIDED AND EXCEPT HOWEVER, THAT THIS INDEMNIFICATION PROVISION SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR HOLD CITY OR ANY OF ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO PROPERTY OR INJURIES TO PERSONS CAUSED BY DEFECTS OR DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED TO ENGINEER BY CITY, OR ANY SIGNIFICANT DEVIATION IN CONSTRUCTION FROM ENGINEER'S DESIGNS, WORKING DRAWINGS, SPECIFICATIONS OR OTHER ENGINEERING DOCUMENTS. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 3 of 31 be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. XL INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1 000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 170007000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 4 of 31 XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section Vill- "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 5 of 31 It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be provided by the City Exhibit "F" Compensation Exhibit "G" Form 1295 AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 6 of 31 XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 7 of 31 If to ENGINEER: Baird, Hampton & Brown, Inc. Attn: Austin Baird, P.E. 3801 William D. Tate, Ste. 500 Grapevine, TX 76051 If to CITY: City of North Richland Hills Attn: Caroline Waggoner, PE, CFM Public Works & Engineering Department 4301 City Point Drive North Richland Hills, Texas 76180 With Copies to the City Manager and City Attorney at the same address. D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership orjoint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including but not limited to personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 8 of 31 of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of 2020. CITY OF NORTH RICHLAND HILLS BAIRD, HAMPTON AND BROWN (CITY) (ENGINEER) By: By: Mark Hindman, City Manager Konstantine Bakintas, Principal Date: Date: ATTEST: ATTEST: Alicia Richardson, City Secretary Notary Public in and for the State of Texas APPROVED TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Type or Print Notary's Name My Commission Expires: CITY SEAL CORPORATE SEAL AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 9 of 31 EXHIBIT A PROJECT SCHEDULE FOR GLENVIEW DRIVE EAST PROJECT The Scope of Services for this PROJECT is based on the following schedule: Activity Duration Anticipated Date (Calendar Days) Notice to Proceed 7/28/2020 Survey 43 9/9/2020 Concept Design Package 35 10/14/2020 Preliminary Design Package 63 12/16/2020 Final Design (90%) Package 43 1/28/2021 Final Design (100%) Package 28 2/25/2021 Right-of-Way/Easement Acquisition 160 8/4/2021 Advertise for Construction 6 8/10/2021 Bid Opening 14 8/24/2021 Begin Construction 27 9/20/2021 AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 10 of 31 EXHIBIT B BASIC ENGINEERING SERVICES FOR GLENVIEW DRIVE EAST PROJECT Generally, the scope of services includes preparing construction plans, specifications, estimates, bid phase support and construction period services for the reconstruction of Glenview Drive from Flory Street eastward to State Highway 26 containing approximately 2,750 linear feet of roadway improvement. The project also provides for reconstruction of existing public water, sanitary sewer and storm drain infrastructure within the project limits. TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre-design project kickoff meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Conduct and document monthly design team meetings. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 11 of 31 • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • 18 Monthly Update/Coordination Meetings w/Project Manager • 18 Internal Design Team Meetings • 18 Monthly Progress Reports DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will utilize concepts and criteria contained in the current CITY standards and Mater Thoroughfare Plan and Roadway Rightsizing Plan for conceptual planning and design including conceptual roadway corridor. Also included in this scope of work is the conceptual design of the water, sanitary sewer and storm drainage improvements within the project limits. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. 2.2 Bridge Assessment AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 12 of 31 • We are not anticipating the replacement of the existing Mackie Creek bridge; however we are anticipating the need for modifications to the structure to accommodate the reconstructed roadway with pedestrian improvements. So, we are including a visual observation the existing Mackey Creek Bridge by the design team to assess the condition of the structure. The observation will include the general condition of the structure, identify cracking, spalling, concrete erosion, and other readily identifiable deficiencies. As well as an assessment of the limitations and construction requirements should it be identified that repairs or modifications to the structure will be required to accommodate the roadway and pedestrian improvements proposed with this project. 2.3 The Conceptual Design Package shall include the following: • Conceptual cover and index of sheets including project limits, area location map and beginning and end station limits. • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • Conceptual plan and profile sheets showing existing and proposed horizontal and vertical roadway alignments, existing and proposed ROW, existing and proposed easements, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities. • Pre and post condition Drainage area map with supporting drainage computation in the CITY's standard tabular format. • Conceptual storm drainage system layout identifying extents of the storm system expansion including locations of proposed inlets, junction structures and outfall locations within the project limits. • Conceptual water system improvements layout within the project limits. This effort includes the layout of approximately 2,750 LF of 8" and 12" water main reconstruction with appurtenances. • Conceptual sanitary sewer system improvements within the project limits. This effort includes the layout of approximately 2,750 LF of 8" and 10" sanitary sewer main reconstruction with appurtenances and structures. • Conceptual traffic control plan including construction signage and phasing as well as conceptual pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices • Completed variance request forms • QAQC checklists • Transmittal letter including a summary of conflicts and know troublesome areas to be further addressed in subsequent plan sets AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 13 of 31 2.4 Project Decision Log • The ENGINEER shall prepare a project decision log identifying resolutions to previously identified conflicts and design challenges. 2.5 Construction Opinion • The ENGINEER shall prepare an opinion of probable construction cost and submit this opinion to the CITY. ASSUMPTIONS • 2 sets of 22x34 size hard copy plans will be delivered for the 30% design. • 2 sets of 11x17 size hard copy plans will be delivered for the 30% design. • PDF files created from design CAD drawings will be digitally submitted to the City. • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. • 1 Concept Design Review Meeting w/ City Staff DELIVERABLES A. Bridge Assessment Memorandum B. Conceptual Design Package (hard copy and pdf format) TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:200. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Updated existing and proposed typical section sheets. • Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 14 of 31 profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. • Updated roadway cross section sheets displaying existing and proposed grades, pavement section, sidewalks and top of curb elevations. • No less than two benchmarks plan/profile sheet. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Overall project easement layout sheet(s). • Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals). • Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. • Preliminary bridge modifications to accommodate the revised roadway section and pedestrian routes including modifications the curbs, drainage and railing systems will be provided along with preliminary details. • Preliminary signing, pavement marking layouts. • Traffic Control Plan updated to reflect any changes as a result of the conceptual design submittal while also including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • Preliminary erosion control plan and details. • ENGINEER will delineate the watershed based on contour data and field verification and document existing street, right-of-way and storm drain capacities for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale from available 2-foot contour data with the contours labeled. Data source and year will be provided by the CITY. Calculations regarding street and right-of-way capacities and design discharges (5-year, 25-year and 100-year frequencies) at selected critical locations will be provided. Other frequencies as required by City Drainage Manual may be appropriate for outfalls and sensitive locations. Capacities of existing storm drain will be calculated and shown. Design shall conform to CITY criteria delineated in the CITY's current Drainage Criteria Manual. All locations in the project area where 100- year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. • Storm drain plan and profile sheets showing location and size of all inlets, manholes, junction boxes, culverts and piping. Storm drain profiles shall include existing and proposed flow lines, flows, flow velocities, 25-year and 100-yr HGL, lengths and slopes of pipe, top of ground profile over pipe and connections to existing or proposed storm sewer systems. AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 15 of 31 • Preliminary water plans for the reconstruction of approximately 2,750 LF of 8" and 12" water main with appurtenances including modifications to existing infrastructure at locations where conflicts have been identified with the proposed roadway, storm drain, sanitary sewer or other utilities and address CITY comments. • Preliminary sanitary sewer plans for the reconstruction of approximately 2,750 LF of 8" and 10" sanitary sewer mains with appurtenances and structures including modifications to existing infrastructure at locations where conflicts have been identified with the proposed roadway, storm drain, water or other utilities and address CITY comments. 3.2 Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend a public meeting with the CITY to help explain the proposed project to residents. The ENGINEER shall coordinate with the CITY staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.3 Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. 3.4 Project Decision Log • The ENGINEER shall prepare a project decision log identifying resolutions to previously identified conflicts and design challenges. 3.5 Construction Opinion • The ENGINEER shall prepare an opinion of probable construction cost and submit this opinion to the CITY. ASSUMPTIONS • 2 sets of 22 x 34 size hard copy plans will be delivered for the 60% design. • 2 sets of 11 x 17 size hard copy plans will be delivered for the 60% design. • 1 sets of hard copy specifications will be delivered for the 60% design. • PDF files created from design CAD drawings will be uploaded to the City • All submitted documents and checklists will be uploaded to the City. • The ENGINEER shall provide technical specifications as needed. • 0 sets of full size hard copy drawings will be delivered for Utility Clearance. • 1 Preliminary Design Review Meeting with City Staff AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 16 of 31 • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and technical specifications (hard copy and pdf format) B. Estimates of probable construction cost C. Public Meeting Exhibits, affected property owners spreadsheet D. Completed variance request forms E. QA/QC Checklist TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). 4.1 90% Construction Plans • Upon approval of the Preliminary plans, ENGINEER will prepare final draft construction plans (90%) and technical specifications shall be submitted to CITY per the approved Project Schedule. 4.2 100% Construction Plans • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. 4.3 Public Meeting • After the final plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend a public meeting with the CITY to help explain the proposed project to residents. The ENGINEER shall coordinate with the CITY staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. ASSUMPTIONS • 2 sets of 22 x 34 size hard copy plans will be delivered for the 90% design. • 2 sets of 11 x 17 size hard copy plans will be delivered for the 90% design. • 1 sets of hard copy specifications will be delivered for the 90% design. • A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the City. • 1 Final Design Review meeting and site visit with City Staff • 4 sets of 22 x 34 size plans will be delivered for the 100% design. • 4 sets of 11 x 17 size plans will be delivered for the 100% design. • 2 sets of hard copy specifications will be delivered for the 100% design. AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 17 of 31 • A PDF file for the 100 % Design will be created from design CAD drawings and will be uploaded to theCity. DELIVERABLES A. 90% construction plans and technical specifications (hard copy and pdf). B. 100% construction plans and technical specifications (hard copy and pdf). C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format (hard copy of pdf). D. Public Meeting Exhibits, affected property owners spreadsheet AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 18 of 31 EXHIBIT C SPECIAL ENGINEERING SERVICES FOR GLENVIEW DRIVE EAST PROJECT The scope of work for SPECIAL Engineering Services involves Surveys (Design), and Geotechnical Analysis.The scope of work for the Special Engineering Services is more specifically described as follows: TASK 7. SURVEY AND GEOTECHNICAL ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 7.1. Topographic Design Survey • ENGINEER will perform field surveys, to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: - A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). - Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. - Manhole and inlet rims, flow lines and sketches for all sanitary sewer and storm drain structures in the same coordinate system, as the Control. - No less than two horizontal benchmarks, per line or location. - Bearings given on all proposed centerlines, or baselines. - Station equations relating utilities, including streetlights, markings and signs, to paving when appropriate. AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 19 of 31 7.2. Property Owner Survey Notice Letter • Prior to beginning the survey efforts for the project, the ENGINEER shall prepare property notification maps and letters with owner contact information based on current appraisal district data identifying all impacted landowners for city review and approval prior to mailing. Notifications shall be mailed 10 working days prior to beginning field surveying efforts. • The documentation shall be provided in conformance with the City's criteria for property owner's notification. 7.3 Geotechnical Investigation/Pavement Design • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • 6 borings will be completed to depths of about 10 feet below grade at the new pavement locations. Please note that it is our intent to conducting all design phase geotechnical testing within the appropriate soil strata so that results are consistent with the final in-place conditions. However additional construction phase testing may be required to confirm final subgrade recommendation. • 1 boring will be to a depth of about 25 feet below grade at the existing Mackey Creek Bridge will be completed should it determined during the conceptual design phase that modifications to the bridge will be required to accommodate the roadway reconstruction. • Field personnel will complete the borings using truck-mounted equipment. Cohesive and non-cohesive soil samples will be obtained using three-inch diameter Shelby tube samplers (ASTM D1587) and two-inch diameter standard split-spoon samplers (ASTM D1586), respectively. In addition, rock encountered will be evaluated by use of the Texas Department of Transportation cone penetration tests. Rock coring is not included in this scope of work. At the completion of drilling operations, bore holes will be backfilled and plugged with bentonite and plugged at the surface with concrete. • A soils technician will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. • Laboratory testing of the recovered materials will be required to perform engineering analysis and prepare recommendations for the proposed improvements. The laboratory testing will include the following: Test Type Test Count ➢ Moisture Content (ASTM D2216)............................................................ 6 ➢ Atterberg Limits (ASTM D4318) ............................................................. 6 ➢ Unconfined Compressive Strength of Soil (ASTM D2166) ..................... 6 AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 20 of 31 ➢ Unit Weight ................................................................................. 6 ➢ Free Swell Tests (ASTM D4546) ............................................................ 6 ➢ Eades and Grim Lime Series Tests......................................................... 6 ➢ Soluble Sulfate Tests (Tex 145-E) .......................................................... 6 Testing will be in accordance with ASTM or TxDOT procedures. The specific types and quantities of tests will be determined based on subsurface conditions encountered in the borings. • The engineering report will be prepared by a registered engineer and will present the results of the field and laboratory data together with the analyses of the results and recommendations. The report will address: ➢ general soil and groundwater conditions; ➢ comments on excavatability of materials; ➢ guidelines for pavement subgrade stabilization; ➢ pavement thickness calculations using City of North Richland Hills Paving Design Standards; ➢ earthwork recommendations; ➢ construction considerations related to soil and groundwater conditions at the borings. • The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of North Richland Hills Pavement Design Criteria. Should the study deem that the City standard pavement structure will result in a lifecycle of less than 50 years additional recommendations will be included to prolong the expected life of the pavement. The study shall include recommendations regarding utility trenching and identify existing groundwater elevation at each boring. ASSUMPTIONS • Utility research and record drawings will be provided by the City. • Franchise utility locates will be limited to One-Call designation services and excludes subsurface location services. Surveying services related to franchise utilities will include field surveying of all readily available surface improvements including pin flags and paint markings provided by One-Call and City services. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. C. Temporary Right of Entry location maps, owner contact list and Letters D. Geotechnical Report (hard copy and pdf format). AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 21 of 31 TASK 8. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 8.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way and easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. • Based upon preliminary research it appears that the existing Right-of-Way is inconsistent and typically narrower than the current master thoroughfare plan recommendation of width for the roadway classification and reconstruction needs. And as such it appears that a significant number of dedications and easements maybe required. 8.2 Right-of-Way/Easement Preparation and Submittal. • The Engineer shall prepare a Right-of-Way strip map of the project limits identifying the existing right-of-way with ownership information and proposed right-of-way and easement requirements of the project. • The ENGINEER shall prepare Metes and Bounds with corresponding exhibits to be used by City staff to obtain right-of-way and permanent easements and/or temporary construction easements required to construct the improvements. • The metes and bounds with corresponding exhibits shall be provided in conformance with the checklists and templates. ASSUMPTIONS • Right-of-Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). Also included in this task is plat, right-of-way dedications and easement research that can be readily found based through current property filings with the City and Tarrant County. Please note that this effort does not include comprehensive chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Right-of-Way Strip Map B. 30 Right-of-Way/Easement Documents for right-of-way, permanent easement and or temporary construction easement acquisition AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 22 of 31 EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR GLENVIEW DRIVE EAST PROJECT TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as needed on an hourly basis as follows. 5.1. Bid Support • Attend the prebid conference in support of the CITY. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Incorporate all addenda into the contract documents and issue conformed sets. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and letter of recommendation of award will be provided to the CITY. 5.2 Final Conformed Design Drawings • Final conformed Contract Documents incorporating all addenda and other bid phase modifications shall be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 4 sets of 22 x 34 size hard copy plans (conformed, if applicable) will be delivered to the CITY. • 4 sets of 11 x 17 size hard copy plans (conformed if applicable) will be delivered to the CITY. • 4 sets of hard copy contract documents (conformed if applicable) will be delivered to the CITY. • PDF files will be uploaded to the City. DELIVERABLES A. Addenda B. Bid Tabulations C. Recommendation of Award AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 23 of 31 D. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as needed on an hourly basis as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction public meeting, the ENGINEER shall provide project exhibits and attend public meeting with the CITY to help explain the proposed project to business owners and residents. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the "Final' project walk through and assist with preparation of final punch list. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from the Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following or similar disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 24 of 31 • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. ASSUMPTIONS • 4 site visits are assumed. • 2 RFI's are assumed. DELIVERABLES A. Public meeting Exhibits, Invitations and Address Spreadsheet B. Response to Contractor's Request for Information D. Final Punch List items E. Record Drawings TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.2 Franchise Utility Coordination • Meet, negotiate, and coordinate to obtain approval of the agency issuing the agreement and/or permit • Completing all forms/applications for the City. • Submitting forms/applications for City. • Submitting revised forms for agency review • Responding to agency comments and requests. 9.3 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 25 of 31 ASSUMPTIONS • Permit preparation will begin after approval of the Preliminary (60%) Design. • 1 meetings are assumed with TDLR for each permit. DELIVERABLES A. TDLR Construction documents approval letter AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 26 of 31 EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY AND SERVICES NOT INCLUDED BY THE ENGINEER FOR GLENVIEW DRIVE EAST PROJECT The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built plans for existing streets and drainage facilities, if available. III. Provide any available As-Built plans for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from TxDOT and/or other local utility companies. V. Provide standard details and specifications in digital format. VI. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of-Way, when required. VII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. SERVICES NOT INCLUDED IN THE SCOPE OF SERVICES CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: I. Negotiation of easements, TROEs or property acquisition. II. Services related to development of the CITY's project financing and/or budget. III. Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. IV. Construction management and inspection services V. Performance of materials testing or specialty testing services. VI. Shop Drawing and related materials submittal review. VII. Change order preparation and review VIII. Services necessary due to the default of the Contractor. IX. Services related to damages caused by fire, flood, earthquake or other acts of God. X. Services related to warranty claims, enforcement and inspection after final completion. XI. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. XII. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. XIII. Subsurface Utility Engineering services are not included in this scope of work. XIV. Storm Water Pollution Prevention Plan preparation is not included in this scope of work. XV. Parkland conversion services are not included in this scope of work XVI. Flood plain services AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 27 of 31 XVII. Environmental services including: wetlands delineation, wetlands mitigation, 404 permitting, threatened and endangered species assessment, archeological records review and cultural resources survey. XVIII. Railroad permitting XIX. TxDOT permit coordination. AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 28 of 31 EXHIBIT F COMPENSATION FOR GLENVIEW DRIVE EAST PROJECT I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. A. Compensation for the Basic Engineering Services shall be completed for a lump sum not to exceed fee of$256,250.00 B. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: Design Surveys and Geotechnical Study: Lump Sum Fee of$36,395.60 ROW Research: Lump Sum Fee of$9,700.00 Easements: By Each Fee of$45,000.00 ($1,500.00 per easement) C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: Bidding Services: Hourly NTE Fee of$8,140.00 Construction Administration Services: Hourly NTE Fee of$9,320.00 Permitting: Hourly NTE Fee of$13,035.00 For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses to be paid at the then current per diem rates published by the General Services Administration. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 29 of 31 it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). 111. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable within thirty (30) days of receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services"). Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 30 of 31 EXHIBIT G FORM 1295 FOR GLENVIEW DRIVE EAST PROJECT [Form 1295 is submitted as the following page] AGREEMENT FOR ENGINEERING SERVICES BETWEEN NORTH RICHLAND HILLS AND BAIRD,HAMPTON AND BROWN Glenview Drive East Project Page 31 of 31 r f !ie � III 1 .rvy il� I f ' u f r*4 L.L. \/III m LU / r O m Z> oLL o o U o LU w w z L.L.W z 0 f l w cU � w w Ln LLB / i 1 /ram! w1,n J%nw,, °6 la li Vi �p ifiuf i�ii 10 6� a mW; u pl. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entityfiling form,and the g city,state and country of the business entity's place Certificate Number: of business. 2020-638164 Baird, Hampton&Brown, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state-agency that is a party to the contract for which the form is 06/29/2020 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. STG02101 Professional Engineering Services for Glenview Drive East Project .m_................__._.. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Baird,John Fort Worth,TX United States X _ _._......__ ..................._......_........ Bakintas, Konstantine Grapevine,TX United States X Randall, Kenneth Fort Worth,TX United States X Strevey,Tracy Fort Worth,TX United States X Nave, Shannon Weatherford,TX United States X Wafters, Richard Fort Worth,TX United States X Bost, Ian Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION................_.. ._..... .........._......._..........._........___.._.................. �............... . ... My name is Kenneth Randall and my date of birth is My address is 6300 Ridglea Place, Suite 700 Fort Worth_ TX 76116 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas _,on the 29 day of .tune 20 20 (month) (year) .. CA Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Consider Resolution No. 2020-029, approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation in an amount not to exceed $2,310,000 PRESENTER: Mark C. Mills, Director of Finance SUMMARY: The Fiscal Year 2019/2020 Amended Budget includes certain projects to be financed with Certificates of Obligation ("CO's"). Prior to the issuance of these CO's the City must meet specific notification requirements. City Council is requested to consider Resolution No. 2020-029, approving and authorizing the publication of this notice for the issuance of CO's in an amount not to exceed $2,310,000. GENERAL DESCRIPTION: As part of the legal requirements for the planned issuance of CO's, the City Council must authorize the City Secretary to publish, in a newspaper of general circulation and continuously on the City's website, the notice of intent of the City to issue Certificates of Obligation in an amount not to exceed $2,310,000. The proceeds include $2,215,000 in project funds and $95,000 for costs associated with issuance. The proposed sale will occur on September 14, 2020. The notice of intent to issue CO's must be published once a week for two consecutive weeks. The first publication date must be at least forty-six (46) days prior to the date set for Council's vote on the ordinance authorizing the issuance of the CO's. The notice must also be posted continuously on the City's website for at least forty-five (45) days prior to Council's vote. The notice of intention is attached to the resolution and labeled Exhibit A. A copy has also been attached to this item as Attachment 1. A copy of the projected schedule of events has been attached to this item as Attachment 2. Highlights of the proposed calendar for the sale is as follows: • July 30 (or earlier) City to publish 1st Notice of Intent in Star Telegram • August 6 (7 days later) City to publish 2nd Notice of Intent in Star Telegram • Week of August 24 Rating Agency Meetings • September 3 Receive Ratings from Agencies "I r*4W NOLa`C`H KIC"HLAND HILLS • September 4 Distribute NRH Official Statements for CO Sales • September 14 City Council Adopts Ordinance Authorizing COs • December 17 Accept Delivery of CO Proceeds for Projects The 2020 CO funded projects and associated cost estimates are as follows: Project Taxable or Type Description Tax-Exempt Term Amount Streets Iron Horse Boulevard Reconstruction Tax-Exempt 20 Years $1,825,000 Street Hightower/Davis Signalization Tax-Exempt 20 Years $390,000 Sub Total $�,2i,5,000 Est. Issuance Cost $95,000 TOTAL $2,310,000 RECOMMENDATION: Approve Resolution No. 2020-029, approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation in an amount not to exceed $2,310,000. Attachment 1 NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2020 TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7.00 o'clock P.M. on the 14th day of September, 2020, at the City Hall, 4301 City Point Drive, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation, in one or more series, in an amount not to exceed $2,310,000, for the purpose of paying contractual obligations to be incurred for (i) constructing, renovating, equipping, and improving various City streets, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, and (ii) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. In accordance with Texas Local Government Code Section 271.049, (i) the current principal amount of all of the City's outstanding public securities secured by and payable from ad valorem taxes is $117,830,000; (ii) the current combined principal and interest required to pay all of the City's outstanding public securities secured by and payable from ad valorem taxes on time and in full is $14677577214; (iii) the estimated combined principal and interest required to pay the certificates of obligation to be authorized on time and in full is $2,786,605; (iv) the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and (v) the maximum maturity date of the certificates to be authorized is February 157 2040. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended. Alicia Richardson, City Secretary City of North Richland Hills, Texas Attachment 2 6/3/2020 City of North Richland Hills, Texas General Obligation Bonds, Series 2020 Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation,Series 2020 Projected Schedule of Events Jul-20 Aug-20 Sep-20 Oct-20 S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 1 2 3 4 5 1 2 3 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 8 9 10 11 12 4 5 6 7 8 9 10 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 13 14 15 16 17 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 29 30 31 Complete By Day Event 27-Jul-20 Monday City Council passes resolution authorizing Notice of Intent Publication for Certificates of Obligation 30-Jul-20 Thursday 1st Notice of Intent published in the Star Telegram (No later than July 30,2020) 31-Jul-20 Friday Initial Draft of Preliminary Official Statement distributed to City and to Bond Counsel for review 6-Aug-20 Thursday 2nd Notice of Intent published in the Star Telegram (exactly 7 days after publication of first notice) I I-Aug-20 Tuesday Receive initial comments to Preliminary Official Statement 13-Aug-20 Thursday Distribute revised draft Preliminary Official Statement and Notices of Sales to City and Bond Counsel Distribute draft Preliminary Official Statement to Rating Agencies 24-Aug-20 Week of Rating Agency Conference Calls 27-Aug-20 Thursday Receive 2nd Round of comments on Preliminary Official Statement and Notices of Sales 28-Aug-20 Friday Distribute revised draft Preliminary Official Statement and Notices of Sales for final comments and sign-off 3-Sep-20 Thursday Receive information and comments to complete Preliminary Official Statement and Notices of Sales from City and Bond Counsel Receive Credit Ratings 4-Sep-20 Friday Distribute Official Statement and Notices of Sales Electronically through i-Deal Prospectus 14-Sep-20 Monday Sale of Obligations: City Council adopts Ordinances and approves sales 14-Oct-20 Wednesday Closings and Delivery of Funds to the City HilltopSecurNes A Hillwy H.1din9s Cor, y_ RESOLUTION NO. 2020-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that certificates of obligation should be issued, in one or more series, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended (the "Act"), for the purpose of paying contractual obligations to be incurred for (i) constructing, renovating, equipping, and improving various City streets, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incidental thereto and the acquisition of land and rights- of-way therefor, and (vi) professional services rendered in relation to such projects and the financing thereof (collectively such purposes are referred to herein as the "Project"); and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Secretary or the Assistant City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in one or more series in a principal amount not to exceed $2,075,000, for the purpose of paying contractual obligations to be incurred for the Project; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues derived from the operation of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2. The City Secretary or the Assistant City Secretary shall cause the aforesaid notice to be published (i) in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least forty-six (46) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation and (ii) continuously on the City's website for at least forty-five (45) days before the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. Resolution No. 2020-029 Page 1 of 3 SECTION 3. 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 27t" day of July, 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: Mark C. Mills, Director of Finance Resolution No. 2020-029 Page 2 of 3 EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2020 TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7.00 o'clock P.M. on the 14th day of September, 2020, at the City Hall, 4301 City Point Drive, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation, in one or more series, in an amount not to exceed $2,310,000, for the purpose of paying contractual obligations to be incurred for(i) constructing, renovating, equipping, and improving various City streets, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, and (ii) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. In accordance with Texas Local Government Code Section 271.049, (i) the current principal amount of all of the City's outstanding public securities secured by and payable from ad valorem taxes is $117,830,000; (ii) the current combined principal and interest required to pay all of the City's outstanding public securities secured by and payable from ad valorem taxes on time and in full is $14677577214; (iii) the estimated combined principal and interest required to pay the certificates of obligation to be authorized on time and in full is $2,786,605; (iv) the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and (v) the maximum maturity date of the certificates to be authorized is February 157 2040. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended. Alicia Richardson, City Secretary City of North Richland Hills, Texas Resolution No. 2020-029 Page 3 of 3 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Approve Resolution No. 2020-030, Designating the Director of Finance Director as the primary and Director of Budget & Research as the secondary as the Officer or Employee responsible for the calculation of the No-New-Revenue tax rate, Voter-Approval tax rate, and performing all other duties and obligations necessary to effect submission of the tax rate to the City Council of the City of North Richland Hills in accordance with Chapter 26 of the Texas Tax Code. PRESENTER: Robert Myers, Director of Budget and Research SUMMARY: Council is requested to designate the Director of Finance as the primary and the Director of Budget & Research as the secondary as the officer or employee responsible for the calculation of the No-New-Revenue tax rate, Voter-Approval Tax rate, and for performing all other duties and obligations necessary to effect submission of the tax rate to the City Council of the City of North Richland Hills in accordance with Chapter 26 of the Texas Tax Code. GENERAL DESCRIPTION: State law requires that the City Council designate an officer to be responsible for the calculation of the No-New-Revenue tax rate, Voter-Approval tax rate, and for performing all other duties and obligations necessary to effect submission of the tax rate to the City Council in accordance with the State Comptroller's Truth-in-Taxation forms in a method as required by Chapter 26 of the Texas Tax Code ("Chapter 26"). With changes in State law with the implementation of S.B. 2, staff is requesting to designate the following positions serve as the designated officer for the City in the calculation of the No-New-Revenue tax rate, Voter-Approval tax rate, and other obligations required by Chapter 26: 1. Director of Finance (primary) 2. Director of Budget & Research (secondary) RECOMMENDATION: Approve Resolution No. 2020-030, designating the Director of Finance as the primary and Director of Budget & Research as the secondary as the Officer or Employee responsible for the calculation of the No-New-Revenue tax rate, Voter-Approval tax rate, and performing all other duties and obligations necessary to effect submission of the tax IrLm NOKTH KICHLAN HILLS rate to the City Council of the City of North Richland Hills in accordance with Chapter 26 of the Texas Tax Code. RESOLUTION NO. 2020-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DESIGNATING THE DIRECTOR OF FINANCE AS THE PRIMARY AND THE DIRECTOR OF BUDGET & RESEARCH AS THE SECONDARY AS THE OFFICER OR EMPLOYEE RESPONSIBLE FOR CALCULATING THE NO-NEW- REVENUE TAX RATE, THE VOTER-APPROVAL TAX RATE, AND PERFORMING ALL OTHER DUTIES AND OBLIGATIONS AS REQUIRED BY CHAPTER 26 OF THE TEXAS TAX CODE TO EFFECT SUBMISSION OF THE TAX RATE TO THE CITY COUNCIL FOR THE CITY OF NORTH RICHLAND HILLS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 26, Section 26.04 Subsection (c) of the Texas Tax Code states that an officer or employee of a taxing entity shall calculate the No-New- Revenue tax rate and Voter-Approval tax rate for the unit; and WHEREAS, Chapter 26, Section 26.04 Subsection (c) of the Texas Tax Code states the officer or employee charged with calculating the No-New-Revenue tax rate and Voter-Approval tax rate for the unit is to be designated by the governing body of the taxing entity; and WHEREAS, Chapter 26, Section 26.04 Subsection (d) of the Texas Tax Code states the designated officer or employee shall use the tax rate calculation forms prescribed by the comptroller under Section 5.07 in calculating the No-New- Revenue tax rate and the Voter-Approval tax rate. The designated officer or employee may not submit the No-New-Revenue tax rate and the Voter- Approval tax rate to the governing body of the taxing unit and the taxing unit may not adopt a tax rate until the designated officer or employee certifies on the tax rate calculation forms that the designated officer or employee has accurately calculated the tax rates and has used values that are the same as the values shown in the taxing unit's certified appraisal roll in performing the calculations; and WHEREAS, Chapter 26, Section 26.04 Subsection (d)of the Texas Tax Code also states as soon as practicable after the designated officer or employee calculates the No-New-Revenue tax rate and the Voter-Approval tax rate of the taxing unit, the designated officer or employee shall submit the tax rate calculation forms used in calculating the rates to the county assessor-collector for each county in which all or part of the territory of the taxing unit is located; and WHEREAS, Chapter 26, Section 26.04 Subsection (e) of the Texas Tax Code states by August 7 or as soon thereafter as practicable, the designated officer or employee shall submit the rates to the governing body. The designated officer or employee shall post prominently on the home page of the taxing unit's Internet website in the form prescribed by the comptroller; and Resolution No. 2020-030 Page 1 of 3 WHEREAS, Chapter 26, Section 26.17 Subsection (e) of the Texas Tax Code states the officer or employee designated by the governing body of each taxing unit in which the property is located to calculate the No-New-Revenue tax rate and the Voter-Approval tax rate for the taxing unit must electronically incorporate the requisite information into the database of the Appraisal District; and WHEREAS, The position deemed to possess the appropriate knowledge and background to complete the calculation of the No-New-Revenue tax rate and the Voter-Approval tax rate is deemed to be the Director of Finance as the primary and the Director of Budget & Research as the secondary. 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 hereby designates the position of Director of Finance as the primary and Director of Budget & Research as the secondary, as the officer or employee of the City of North Richland Hills designated to calculate the No-New-Revenue tax rate, the Voter-Approval tax rate, and to perform all other duties and obligations necessary to effect submission of the tax rate to the City Council as required by Chapter 26 of the Texas Tax Code. SECTION 3. 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 27t" day of July, 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 Resolution No. 2020-030 Page 2 of 3 APPROVED AS TO CONTENT: Mark C. Mills, Director of Finance Resolution No. 2020-030 Page 3 of 3 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Consider Resolution No. 2020-031 directing the designated officer to calculate the Voter-Approval tax rate for the City of North Richland Hills in accordance with Texas Tax Code 26.04 (c-1). PRESENTER: Robert Myers, Director of Budget and Research SUMMARY: Council is requested to consider directing the designated officer to calculate the Voter- Approval Tax rate for the City of North Richland Hills in accordance with Texas Tax Code 26.04 (c-1). GENERAL DESCRIPTION: On March 13, Governor Abbott declared a state of disaster in every Texas county due to the COVID-19 pandemic. Texas Tax Code 26.04 (c-1) allows any City to calculate the Voter-Approval Tax rate in a manner provided for a special taxing unit if any part of the taxing unit is located in an area that is declared a disaster area during the current tax year by the governor of the state or by the President of the United States. This change effectively changes the calculation of the Voter-Approval Tax rate from a 3.5% increase over the No-New-Revenue tax rate to an 8% increase over the No-New Revenue tax rate. Staff is requesting City Council to consider directing the City's designated officer to calculate the Voter-Approval tax rate for the City of North Richland Hills in accordance with the manner identified in State law for special taxing units under Texas Tax Code 26.04 (c-1). This change will not set the City's Tax Year 2020 tax rate; it will only designate the method by which the Voter-Approval Tax rate will be calculated for this tax year in accordance with State law. RECOMMENDATION: Approve Resolution No. 2020-031 directing the designated officer to calculate the Voter- Approval tax rate for the City of North Richland Hills in accordance with Texas Tax Code 26.04 (c-1). RESOLUTION NO. 2020-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DIRECTING THE DIRECTOR OF FINANCE AS THE PRIMARY AND THE DIRECTOR OF BUDGET & RESEARCH AS THE SECONDARY TO CALCULATE THE VOTER- APPROVAL TAX RATE FOR THE CITY OF NORTH RICHLAND HILLS IN ACCORDANCE WITH STATE LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 26, Section 26.04, Subsection (c-1) of the Texas Tax Code states the governing body of a taxing unit, other than a special taxing unit, may direct the designated officer or employee to calculate the voter-approval tax rate of the taxing unit in the manner provided for a special taxing unit if any part of the taxing unit is located in an area declared a disaster area during the current tax year by the governor or by the president of the United States; and WHEREAS, On March 13, 2020, Governor Abbott declared a state of disaster for every Texas county due to the COVID-19 pandemic; 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 hereby directs the designated officer, the Director of Finance as the primary and the Director of Budget and Research as the secondary, to calculate the voter-approval tax rate for the City of North Richland Hills in accordance with Texas Tax Code Chapter 26, Section 26.04, Subsection (c-1). SECTION 3. 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 27t" day of July, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Resolution No. 2020-031 Page 1 of 2 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Robert Myers, Director of Budget & Research Resolution No. 2020-031 Page 2 of 2 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Setting the date for the public hearings for the City's FY 2019/2020 Revised Budget, the Park and Recreation Facilities Development Corporation's FY 2019/2020 Revised Budget, and the Crime Control and Prevention District's FY 2019/2020 Revised Budget. PRESENTER: Robert Myers, Budget Director SUMMARY: The City Council is asked to set the public hearing date for the Revised Fiscal Year (FY) 2019/2020 Budgets for the City, Park and Recreation Facilities Development Corporation, and Crime Control and Prevention District. GENERAL DESCRIPTION: The City Council is asked to set the date for the upcoming budget public hearings. The public hearings are planned for Thursday, August 13, 2020. The Park and Recreation Facilities Development Corporation public hearing will be held at 6.30 p.m. and the Crime Control and Prevention District public hearing will be held at 6.40 p.m. The hearing for the City FY 2019/2020 Revised Budget will be conducted as part of the regular City Council meeting, beginning at 7.00 p.m. In compliance with City Charter, the proposed revised budget has been made available at the City Secretary's Office and at the North Richland Hills Public Library and on the City's website online at www.nrhtx.com. RECOMMENDATION: Approve Thursday, August 13, 2020 as the date for the public hearings on the City's FY 2019/2020 Revised Budget, the Parks and Recreation Facilities Development Corporation's FY 2019/2020 Revised Budget, and the Crime Control and Prevention District's FY 2019/2020 Revised Budget. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Setting the dates for the public hearings for the City's FY 2020/2021 Proposed Budget, the Park and Recreation Facilities Development Corporation's FY 2020/2021 Proposed Budget, and the Crime Control and Prevention District's FY 2020/2021 Proposed Budget. PRESENTER: Robert Myers, Budget Director SUMMARY: The City Council is asked to set the public hearing dates for the Proposed Fiscal Year (FY) 2020/2021 Budgets for the City, Park and Recreation Facilities Development Corporation, and Crime Control and Prevention District. GENERAL DESCRIPTION: The City Council is asked to set the dates for the upcoming budget public hearings. The public hearings are planned for Thursday, August 13, 2020. The Park and Recreation Facilities Development Corporation public hearing would be held at 6.30 p.m. and the Crime Control and Prevention District public hearing will be held at 6.40 p.m. The hearing for the City's FY 2020/2021 Proposed Budget will be conducted as part of the regular City Council meeting, beginning at 7.00 p.m. In addition to setting these dates in a public meeting, a published notice will be required for each public hearing per the City Charter and State law. Due to changes in the scheduled timing of events this year in relation to the receipt of the certified tax roll and truth-in-taxation calculations, staff anticipates a copy of these public notices being posted in the newspaper no later than Sunday, August 2, 2020. Staff will provide a copy of the notices to the City Council prior to this time. In compliance with State law, the proposed budget has been made available at the City Secretary's Office, the North Richland Hills Public Library, and on the City's website online at www.nrhtx.com. RECOMMENDATION: Approve Thursday, August 13, 2020 as the public hearing on the City's FY 2020/2021 Proposed Budget, the Parks and Recreation Facilities Development Corporation's FY 2020/2021 Proposed Budget, and the Crime Control and Prevention District's FY 2020/2021 Proposed Budget. MEL rk�aj map " H O TH KICMHLAND HILL CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Consider Ordinance No. 3668, appointing the Presiding Judge and Substitute Judge of the Municipal Court of Record. PRESENTER: Mark Hindman, City Manager SUMMARY: The City Council is being asked to consider Ordinance No. 3668, appointing the Presiding Judge and Substitute Judge of the Municipal Court of Record. GENERAL DESCRIPTION: The City Council has adopted regulations governing its Municipal Court of Record in Chapter 58, City of North Richland Hills Code of Ordinances. Chapter 30 of the Texas Government Code relating to municipal courts of record provides that the judge of the municipal court of record shall be appointed by the City Council by ordinance. Ordinance No. 3668, appoints Stewart Bass as the Presiding Judge for the Municipal Court, and Lorraine Irby, as the Substitute Judge for the term of two years. RECOMMENDATION: Approve Ordinance No. 3668. ORDINANCE NO. 3668 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APPOINTING THE PRESIDING JUDGE AND SUBSTITUTE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF NORTH RICHLAND HILLS AND PROVIDING A SALARY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has adopted regulations governing its Municipal Court of Record in Chapter 58, Code of Ordinances, City or North Richland Hills, Texas, as amended; and WHEREAS, Chapter 30 of the Texas Government Code relating to municipal courts of record provides that the judge of the municipal court of record shall be appointed by the City Council by ordinance. 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 ifwritten herein. SECTION 2: In accordance with the Code of Ordinances of the City of North Richland Hills, Texas, as amended, Stewart Bass is hereby appointed as the Presiding Judge of the Municipal Court of Record in the City of North Richland Hills,Texas, for a term of two years. SECTION 3: The Presiding Judge of the Municipal Court of record shall be paid a salary of $ per year which shall not be reduced during his term of office. He shall also be allowed to participate in the City's employee group health plan in the same manner as employees, although he shall not be deemed an employee and shall not have any retirement or health benefits when his term of office has expired. SECTION 4: Lorraine Irby is hereby appointed to serve as the Substitute Municipal Judge when the Presiding Judge of the Municipal Court of Record is temporarily absent for any reason. Said substitute Judge shall be compensated by the Presiding Judge of the Municipal Court of Record at Ordinance No. 3668 Page 1 of 3 the rate previously established by the City for such service by the Substitute Judge. The City Manager may authorize payment of up to $2,000 per year for the Substitute Judge when the Presiding Judge of the Municipal Court is absent for professional development purposes, in cases where he is required to recuse himself, for a death in his family, family emergency or personal illness. SECTION 6: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8: This Ordinance shall be in full force and effect from and after its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 27t" day of July 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3668 Page 2 of 3 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Mark Hindman, City Manager Ordinance No. 3668 Page 3 of 3 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Approve Resolution No. 2020-032, appointing members to Place 6 on various boards, commissions and committees. PRESENTER: Alicia Richardson, City Secretary SUMMARY: Each year, the City Council appoints members of the public to serve on various boards, commissions, and committees (the "Boards"). Appointed members serve a two-year term, unless appointed to fulfill an unexpired term. These annual appointments coincide with City Council terms—Places 1, 3, 5, and 7 are appointed in odd-numbered years and Places 2, 4, 6, and Mayoral appointments in even-numbered years. Each member serves until their successor has been duly appointed and qualified. GENERAL DESCRIPTION: In preparation for the annual appointments, staff provides City Council with resource material to assist with the appointment process. City Council was provided with a listing of their current appointees, attendance report and current applications on file. In accordance with city charter, state law and city ordinances, Council members nominate a member of the public to serve in the corresponding place on the Board. The submitted nominations are subject to majority approval of City Council. There are a number of Boards with unique membership requirements. These Boards include the Capital Improvement Advisory Committee, Civil Service Commission, Construction Code of Appeals Board, Gas Board of Appeals, and Youth Advisory Committee. Mayor Pro Tern Turnage has submitted the below nominees for consideration by City Council. KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION Kathy Luppy Place 6 June 30, 2022 LIBRARY BOARD Mary Robbins Place 6 June 30, 2022 PARK AND RECREATION BOARD Dianne Spradling Place 6 June 30, 2022 "I r*4W NOLa`C`H KIC"HLAND HILLS PLANNING & ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE Kelvin Deupree Place 6 June 30, 2022 SUBSTANDARD BUILDING BOARD Brian Crowson Place 6 June 30, 2022 TEEN COURT ADVISORY BOARD Karen Russell Place 6 June 30, 2022 ZONING BOARD OF ADJUSTMENT Bill Gibbs Place 6 June 30, 2022 RECOMMENDATION: Approve Resolution No. 2020-032, as discussed. RESOLUTION NO. 2020-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING MEMBERS TO PLACE 6 ON VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, appointed members serve a two-year term, unless appointed to fulfill an unexpired term; and WHEREAS, annual appointments coincide with City Council terms with Places 1, 37 57 and 7 being appointed in odd-numbered years and Places 2, 47 6, and Mayoral appointments in even-numbered years; and WHEREAS, each member serves until their successor has been duly appointed and qualified; and WHEREAS, Mayor Pro Tem Scott Turnage, Place 6 has submitted his nominations for consideration by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 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 following members have been nominated for approval by majority of the City Council to Place 6 on various boards, commission and committees with terms expiring as listed below: KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION Kathy Luppy Place 6 June 20, 2022 LIBRARY BOARD Mary Robbins Place 6 June 30, 2022 PARK AND RECREATION BOARD Dianne Spradling Place 6 June 30, 2022 PLANNING & ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE Resolution No. 2020-032 Page 1 of 2 Kelvin Deupree Place 6 June 30, 2022 SUBSTANDARD BUILDING BOARD Brian Crowson Place 6 June 30, 2022 TEEN COURT ADVISORY BOARD Karen Russell Place 6 June 30, 2022 ZONING BOARD OF ADJUSTMENT Bill Gibbs Place 6 June 30, 2022 SECTION 3. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED this the 27t" day of July, 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 Resolution No. 2020-032 Page 2 of 2 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 27, 2020 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Registration is open for the next Citizens Police Academy which will take place August 27 to November 19. The Citizens Police Academy will meet each Thursday from 9 a.m. to noon. Participants will learn about patrol procedures, dispatch operations, SWAT operations, crime scene search and many other law enforcement subjects. Class size is limited to allow for social distancing and advanced registration is required. You can sign up online at nrhtx.com/cpa. The City of North Richland Hills reminds all water customers of our twice per week watering schedule. Please water your lawn only on your designated days. You can go online to nrhtx.com/conservation for more information. Kudos Korner: Every City Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Frank Perez and Stephanie Hee at NRH2O Family Water Park — A citizen emailed praise for the management staff at NRH2O. She stated that both Frank and Stephanie go above and beyond in providing extraordinary customer service. They are always accessible to their guests and epitomize the crucial values of sincerity, integrity, respect, diversity, safety, and inclusion. In an era where one-to-one customer service is a rarity, Mr. Perez and Ms. Hee are a great example for all to follow.