The URL can be used to link to this page

Home My WebLink AboutCC 2021-01-11 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, JANUARY 11, 2021 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/3rq C X NRHCC0111 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, January 11, 2021 City Council Agenda Page 1 of 4 The live steaming video of the regular 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 Held via Webex Video Conference CALL TO ORDER 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 551.037: Deliberation reqardinq economic development neaotiations - 3353 Davis Boulevard, Lot 2R8R, lock 1, Davis®North Tarrant Pkwy Addn REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held via Webex Video Conference A. CALL TO ORDER A.1 INVOCATION - MAYOR PRO TEM TURNAGE A.2 PLEDGE - MAYOR PRO TEM TURNAGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Monday, January 11, 2021 City Council Agenda Page 2 of 4 A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes from the regular ecember 14, 2020 City Council meeting. B.2 Modify 2021 City Council meeting schedule. B.3 Authorize payment to Bound Tree Medical, LLC for consumable medical supplies for an amount not to exceed $123,998, using an interlocal agreement with the City of Midlothian. B.4 Authorize pa ment to the City of Fort Worth for the annual public safety radio system services infrastructure in the amount o 174, 40.00. B.5 Consider Resolution No. 01®001, accepting the 2021 Homeland Security Grant Program ( SGP Urban Area Security Initiative ( ASI) grant in the amount o 6 ,301 .33. C. PUBLIC HEARINGS C.1 Public hearing and consideration of Ordinance No. 3673, approving an amendment to the FY 2020/2021 Adopted Budget. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS Monday, January 11, 2021 City Council Agenda Page 3 of 4 F. GENERAL ITEMS F-1 Authorize second and final one-year contract extension with epublic Waste Services of Texas, LTD for solid waste and recycling services. F-2 Consider Reimbursement Resolution No. 2021-002 in an amount not to exceed $20,225,000. F-3 Action pursuant to Article_V,_ Section 7 of the City Charter to fill vacancy on City Council. 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 - DEPUTY MAYOR PRO TEM RODRIGUEZ 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, January 8, 2021 by 4:00 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, January 11, 2021 City Council Agenda Page 4 of 4 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11, 2021 SUBJECT: Approve minutes of the regular December 14, 2020 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the regular December 14, 2020 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE DECEMBER 14, 2020 Via Webex Video Conference WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 14th day of December at 6.00 p.m. prior to the 7.00 p.m. regular Council meeting. CALL TO ORDER 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 December 14, 2020 work session 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 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 Scott Turnage, Mayor Pro Tem, Place 6 Tim Welch, Place 7 Staff present via video conference: Mark Hindman, City Manager Alicia Richardson, City Secretary/Chief Governance Officer Maleshia B. McGinnis, City Attorney 1. DISCUSS ITEMS ON REGULAR CITY COUNCIL MEETING. Mayor Trevino stated he would be abstaining from Item D.1. December 14, 2020 City Council Meeting Minutes Page 1 of 14 2. DISCUSS 2021 CITY COUNCIL MEETING SCHEDULE. City Secretary/Chief Governance Officer Alicia Richardson reviewed the proposed 2021 City Council schedule. Staff is seeking direction from City Council regarding the March 8 meeting, which conflicts with the National League of Cities conference and the second meeting in November and December. City Council directed staff to cancel the November 22 and December 30 meetings. Ms. Richardson informed City Council an item would be placed on the January 11, 2021 agenda to take formal action on the 2021 City Council schedule. 3. DISCUSS AND REVIEW THE FY 2021/2022 BUDGET CALENDAR. Director of Budget and Research Robert Myers informed City Council the implementation of Senate Bill 2 has condensed the budget calendar and most major activities will take place in July and August. Last year was the first year to implement Senate Bill 2. Mr. Myers informed City Council the following dates are associated with the 2021-2022 budget. The three dates in August will be a special called meeting of the City Council. * July 23, 2021 - budget retreat * July 26, 2021 - set date for budget public hearing *August 2, 2021 - set date for tax rate public hearing, receive truth-in-taxation worksheet and tax rates and certified tax roll *August 12, 2021 - tax rate and budget public hearings *August 16, 2021 - tax rate and budget adoption 4. DISCUSS AND REVIEW MAJOR AND RESIDENTIAL STREET PRIORITIES AND SCHEDULING FOR THE RECENTLY APPROVED 2020 STREET BOND PROGRAM. Director of Public Works Caroline Waggoner reviewed the 2020 street bond program schedule. The Citizen's Bond Committee recommended and City Council approved a 75/25 major to residential funding allocation. The program includes nine (9) major streets (5.3 miles) and eighteen (18) residential streets (4.4 miles). The construction schedule provides for Nor'East Drive and North Hills Drive in year 1; Bedford Euless Road, Glenview Drive (west), Iron Horse Boulevard (east), Meadow Oak Drive, Diamond Loch Courts, Pearl Street and Southampton Drive in year 2; Iron Horse Boulevard (west), Lariat Trail, Ruth Road, Stonybrooke Drive, Dawn Drive and Nob Hill Drive in year 3; Main Street, Windhaven Road, Kirk Lane, Wood View Drive, South Crest Drive and Sierra Drive in year 4; Harmonson Road, North Richland Boulevard, Crystal Lane, Daniel Drive, Lake Side Circle and Post Oak Drive in year 5; and Chapman Road in year 6. December 14, 2020 City Council Meeting Minutes Page 2 of 14 Ms. Waggoner informed City Council if savings are realized as the program proceeds through construction, staff will utilize the prioritized project lists identified by the Citizen's Bond Committee. If funding allows, the additional streets include: Major - - Smithfield Road (from Mickey Street to Starnes Road) - Holiday Lane 1 (from Janetta Drive to Dick Lewis Drive) - Amundson Drive (from Amundson Road to Precinct Line Road) - Crosstimbers Lane 1 (from North Park Drive to Old Mill Road) - Booth Calloway Road (from Glenview Drive to Loop 820 frontage road) Residential - - Wendell Court South (from cul-de-sac to Willowcrest Court South) - Acapulco Drive (from Barbados Drive to Trinidad Drive) - Crestwood Court North (from Crestwood Circle West to 130' east of Crestwood Circle West) - Cheswick Drive (from Driffield Circle West to Driffield Circle East) - Bermuda Court (from cul-de-sac to Bermuda Drive) Ms. Waggoner asked City Council if funding allows for additional streets, do they want staff to proceed with the 75/25 allocation as identified by the Citizen's Bond Committee? City Council directed staff to continue with the 75/25 allocation. Ms. Waggoner provided City Council with an update on Tarrant County's proposed 2021 bond program. Staff will work with Tarrant County to identify opportunities for North Richland Hills roadways as part of their program. Ms. Waggoner asked City Council for their direction on the proposed streets Iron Horse Boulevard (from Loop 820 to Browning), Hightower Drive extension (from Smithfield to Davis), Shady Grove Road, and Harwood Road. Mayor Trevino recommends the city approach the City of Keller to share costs for Shady Grove Road. EXECUTIVE SESSION There being no items posted for Executive Session, Mayor Trevino adjourned work session at 6.29 p.m. REGULAR MEETING A. CALL TO ORDER In accordance with the Texas Governor's March 13, 2020 Disaster Declaration and subsequent suspension of certain Texas Open Meetings Act Provisions, this December 14, 2020 meeting of the North Richland Hills City Council is hereby called to order at December 14, 2020 City Council Meeting Minutes Page 3 of 14 7.00 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 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 Scott Turnage, Mayor Pro Tem, Place 6 Tim Welch, Place 7 Staff present via video conference: Mark Hindman, City Manager Alicia Richardson, City Secretary/Chief Governance Officer Maleshia B. McGinnis, City Attorney A.1 INVOCATION Council member Benton gave the invocation. A.2 PLEDGE Council member Benton led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 PUBLIC COMMENTS There were no requests to speak from the public. December 14, 2020 City Council Meeting Minutes Page 4 of 14 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 MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES FROM THE REGULAR NOVEMBER 9, 2020 CITY COUNCIL MEETING. B.2 APPROVE MINUTES FROM THE SPECIAL NOVEMBER 16, 2020 CITY COUNCIL MEETING. B.3 AP 2020-03 CONSIDERATION OF A REQUEST FROM TEXAS SURVEYING INC. FOR AN AMENDED PLAT OF LOT 5R, BLOCK 1, W.E. ODELL ADDITION, BEING 0.659 ACRES LOCATED AT 7909 ODELL STREET. B.4 CONSIDER THE PURCHASE OF HARDWARE, SOFTWARE, AND ASSOCIATED WARRANTIES FROM DELL MARKETING, L.P. THROUGH A DEPARTMENT OF INFORMATION RESOURCES COOPERATIVE AGREEMENT, IN THE COLLECTIVE AMOUNT NOT TO EXCEED $217,382.80 FOR FISCAL YEAR 2020/2021. B.5 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED TOWER SITE LEASE AGREEMENT WITH STC FIVE LLC, BY AND THROUGH GLOBAL SIGNAL ACQUISITIONS II, LLC, FOR A CELL TOWER LOCATED AT 6200 SKYLARK CIRCLE ON IRON HORSE GOLF COURSE. B.6 AUTHORIZE THE ANNUAL LICENSE FEE RENEWAL FOR THE SMARTFORCE AGENCY MANAGEMENT SYSTEM FROM SMARTFORCE TECHNOLOGIES, INC. FOR THE TEXAS ANTI-GANG CENTER PROJECT IN THE AMOUNT OF $79,960. B.7 CONSIDER RESOLUTION NO. 2020-044, APPROVING THE APPLICATION FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FOR THE FY 2022 PROGRAM GRANT YEAR. December 14, 2020 City Council Meeting Minutes Page 5 of 14 B.8 AUTHORIZE THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE TEXAS ANTI-GANG (TAG) CENTER ADMINISTRATOR AGREEMENT, AS GRANT FIDUCIARY FOR THE NORTH TEXAS ANTI-GANG CENTER, INCREASING THE TOTAL ANNUAL RATE OF COMPENSATION FOR THE TAG CENTER ADMINISTRATOR TO $156,099. B.9 AUTHORIZE THE CITY MANAGER TO EXECUTE THE SIXTH AMENDMENT TO THE TEXAS ANTI-GANG (TAG) CENTER ANALYST AGREEMENT, AS GRANT FIDUCIARY FOR THE NORTH TEXAS ANTI-GANG CENTER, INCREASING THE TOTAL ANNUAL RATE OF COMPENSATION FOR THE TAG CENTER ANALYST TO $76,604. B.10 AUTHORIZE PAYMENT TO MOTOROLA SOLUTIONS, INC., FOR THE ANNUAL PUBLIC SAFETY RADIO MAINTENANCE AGREEMENT IN THE AMOUNT OF $294,168.85. B.11 AUTHORIZE THE PURCHASE OF BOOKS, AUDIOVISUAL MATERIALS AND MAINTENANCE RELATED ITEMS FROM BAKER AND TAYLOR, LLC FOR FISCAL YEAR 2021 USING A STATE OF TEXAS COMPTROLLER CONTRACT IN AN AMOUNT NOT TO EXCEED $221,000. B.12 AUTHORIZE PAYMENT TO MOTOROLA SOLUTIONS, INC., FOR ANNUAL MAINTENANCE FOR THE SPILLMAN TECHNOLOGIES CAD/RMS SOFTWARE PLATFORM USED BY THE POLICE AND FIRE DEPARTMENTS USING A STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES COOPERATIVE CONTRACT IN THE AMOUNT OF $211,505.35. C. PUBLIC HEARINGS CA ZC 2020-10, ORDINANCE NO. 3672, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYCE DALE FRANKLIN FOR A ZONING CHANGE FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDENTIAL) AT 8404 FRANKLIN COURT, BEING 0.202 ACRES DESCRIBED AS LOT 12, THOMAS PECK SUBDIVISION. APPROVED Mayor Trevino opened the public hearing and called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a zoning change for 0.202 acres located at 8404 Franklin Court. The area is designated on the Comprehensive Land Use Plan as low density and the current zoning is agricultural. Mr. Comstock provided site photos of the property. December 14, 2020 City Council Meeting Minutes Page 6 of 14 Mr. Dale Franklin, 8401 Spence Court, informed City Council he is seeking to rezone the property to construct a new residence. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their November 19, 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 DEPUTY MAYOR PRO TEM RODRIGUEZ, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ZC 2020-10, ORDINANCE NO. 3672. MOTION TO APPROVE CARRIED 7-0. C.2 ZC 2020-11, ORDINANCE NO. 3673, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM NRP PROPERTIES LLC TO REVISE THE NR-PD (NONRESIDENTIAL PLANNED DEVELOPMENT) FOR CITY POINT, BEING 50.67 ACRES DESCRIBED AS LOT 2, BLOCK 1; LOT 1 R1, BLOCK 2; LOT 1, BLOCK 3; CITY POINT ADDITION; AND TRACT 9W1A4, WILLIAM WALLACE SURVEY, ABSTRACT 1606. APPROVED Mayor Trevino opened the public hearing and called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a revision to the NR-PD City Point for 50.67 acres located at 4400,4401 and 4402 City Point Drive. The area is designated on the Comprehensive Land Use Plan as urban village and the current zoning is nonresidential planned development. Mr. Comstock provided site photos of the property. Ms. Alena Savera with The NRP Group LLC, 6565 North MacArthur Boulevard, Suite 450, Irving, Texas presented item and reviewed the requested variances: 1. Garage entrance height 2. Garage landscape screening 3. First floor glazing 4. First floor security pre-wiring December 14, 2020 City Council Meeting Minutes Page 7 of 14 Ms. Savera informed City Council, without approval of the requested variances, they will be required to move forward with on-street parking. Mr. Comstock presented staff's report. The applicant proposes changes to the planned development text for the district. Staff is taking the opportunity to update exhibits for the plan. The plan before City Council this evening will be on file and updated to address any changes. The Planning and Zoning Commission, at their November 19, 2020 meeting, recommended approval with a vote of 6-0. City Council and staff discussed landscaping and facade for the parking garage. 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 WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER WELCH TO APPROVE C.2, ZC 2020-11, WITH THE STIPULATION THAT ALL END COLUMNS AROUND THE EXTERIOR OF THE PARKING GARAGE BE COVERED WITH A FACADE AND NOT BE PLAIN CONCRETE. MOTION TO APPROVE CARRIED 7-0. C.3 SUP 2020-04, ORDINANCE NO. 3674, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARK BARAKAT FOR A REVISED SPECIAL USE PERMIT FOR A QUICK SERVICE RESTAURANT AT 7100 RUFE SNOW DRIVE, BEING 0.98 ACRES DESCRIBED AS LOT 2, BLOCK A, RUFE SNOW VILLAGE ADDITION. APPROVED Mayor Trevino opened the public hearing and called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant Mark Barakat is requesting a special use permit for a quick service restaurant (Golden Chick) for 0.98 acres located at 7100 Rufe Snow Drive. The area is designated on the Comprehensive Land Use Plan as retail commercial and the current zoning is C-1 commercial. Mr. Comstock provided site photos of the property. Applicant representative Mark Barakat, 1111 Belt Line Road, Suite 100, Garland, Texas December 14, 2020 City Council Meeting Minutes Page 8 of 14 75040 presented item. Mr. Barakat reviewed renderings of the proposed development. In response to Mayor Pro Tern Turnage's question, Mr. Barakat informed City Council future plans for the abandoned car wash is to make it operational. In response to Mayor Trevino's question, Mr. Barakat informed City Council he would tidy up the car wash. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their December 5, 2020 meeting, recommended approval with a vote of 6-0, subject to Development Review Committee recommendations. 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 MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE SUP 2020-04, ORDINANCE NO. 3674 SUBJECT TO DEVELOPMENT REVIEW COMMITTEE RECOMMENDATIONS AND THE CAR WASH EITHER BE OPERATIONAL OR REMOVED WITHIN TWELVE (12) MONTHS OF GRANTING THE CERTIFICATE OF OCCUPANCY FOR GOLDEN CHICK. MOTION TO APPROVE CARRIED 7-0. CA PUBLIC HEARING AND CONSIDERATION OF ORDINANCE NO. 3676 APPROVING AN AMENDMENT TO THE FY 2020/2021 ADOPTED BUDGET. APPROVED Mayor Trevino opened the public hearing and called on Director of Budget and Research Robert Myers to introduce the item. Mr. Myers presented item and informed City Council two amendments are proposed for their consideration. The first amendment is to appropriate funding (general fund reserves) for projects required to respond to the COVID-19 pandemic in the amount of $517,511 . The second amendment is the annual encumbrance roll in the amount of $584,189. 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 December 14, 2020 City Council Meeting Minutes Page 9 of 14 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 ASSOCIATE MAYOR PRO TEM ORR, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE ORDINANCE NO. 3676. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT D.1 AP 2020-04 CONSIDERATION OF A REQUEST FROM BEATEN PATH DEVELOPMENT LLC FOR AN AMENDED PLAT OF URBAN TRAILS ADDITION PHASE 1, BEING 2.679 ACRES LOCATED IN THE 7500 BLOCK OF REIS LANE. APPROVED Mayor Trevino advised that he would abstain from discussion on this item. He filed an affidavit of disqualification with the City Secretary stating that his wife owns property adjacent to the property in question. Mayor Trevino left the meeting at 8.17 p.m. Mayor Pro Tern Turnage called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting an amended plat for 2.679 acres located in the 7500 block of Reis Lane. The area is designated on the Comprehensive Land Use Plan as urban village and the current zoning is transit oriented development, residential infill planned development. Mr. Comstock provided site photos of the property. Due to the applicant's audio being inaudible, Mr. Comstock presented the item. The purpose for the amended plat is to correct an error on the owner's dedication block. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY DEPUTY MAYOR PRO TEM RODRIGUEZ APPROVE AP 2020-04. MOTION TO APPROVE CARRIED 7-0. D.2 FP 2020-11 CONSIDERATION OF A REQUEST FROM WINDROSE LAND SURVEYING FOR A FINAL PLAT OF LOT 7, BLOCK 14, NORTH HILLS ADDITION, BEING 0.196 ACRES LOCATED AT 3516 TOURIST DRIVE. APPROVED December 14, 2020 City Council Meeting Minutes Page 10 of 14 Mayor Trevino returned to the meeting at 8.23 p.m. Director of Planning Clayton Comstock informed City Council the applicant is requesting a final plat for 0.196 acres located at 3516 Tourist Drive. The area is designated on the Comprehensive Land Use Plan as low density residential and the current zoning is R-2 single family residential. Mr. Comstock provided site photos of the property. Applicant representative Steven Dodd, 820 Howell, Coppell, Texas 75019 presented request and was available to answer questions. The purpose of the request is to construct a new residence. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their November 19, 2020 meeting, recommended approval with a vote of 6-0. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY MAYOR PRO TEM TURNAGE TO APPROVE FP 2020-11, SUBJECT TO DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 7-0. EA APPROVE ORDINANCE NO. 3675, ABANDONING A WATER LINE EASEMENT IN LOT 1 BLOCK 2 OF THE CLIFT ADDITION AND AUTHORIZE THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED AND HOLD HARMLESS AGREEMENT WITH GILBERT AND MELISSA MOTA. APPROVED Mayor Trevino announced that City Council would move to item E.1. Director of Public Works Caroline Waggoner informed City Council the item before them this evening is to approve an ordinance abandoning a water line easement and authorize execution of a quitclaim deed and hold harmless agreement. A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ORDINANCE NO. 3675. MOTION TO APPROVE CARRIED 7-0. D.3 RP 2020-12 CONSIDERATION OF A REQUEST FROM BARTON SURVEYING & LASER SCANNING LLC FOR A REPLAT OF LOTS 2R1 AND 2R2, BLOCK 4, HEWITT ESTATES, BEING 0.995 ACRES LOCATED AT 7600 HEWITT STREET. December 14, 2020 City Council Meeting Minutes Page 11 of 14 APPROVED Mayor Trevino announced that City Council would move back to item D.3. Mr. Comstock informed City Council the applicant is requesting a replat for 0.995 acres located at 7600 Hewitt Street. The area is designated on the Comprehensive Land Use Plan as low density residential and the current zoning is R-1 single family residential. Mr. Comstock provided site photos of the property. Applicant David Crumpler, 8940 Vermillion Street (The Dulce Apartments), purchased the lot for construction of two homes--one for his family and the other for his parents. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their December 3, 2020 meeting, recommended approval with a vote of 6-0, with the conditions outlined in the Development Review Committee comments. A MOTION WAS MADE BY MAYOR PRO TEM TURNAGE, SECONDED BY DEPUTY MAYOR PRO TEM RODRIGUEZ TO APPROVE RP 2020-12, SUBJECT TO THE DEVELOPMENT REVIEW COMMITTEE RECOMMENDATIONS. MOTION TO APPROVE CARRIED 7-0. E. PUBLIC WORKS EA APPROVE ORDINANCE NO. 3675, ABANDONING A WATER LINE EASEMENT IN LOT 1 BLOCK 2 OF THE CLIFT ADDITION AND AUTHORIZE THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED AND HOLD HARMLESS AGREEMENT WITH GILBERT AND MELISSA MOTA. City Council considered this item earlier in the meeting. F. GENERAL ITEMS FA CONSIDER ORDINANCE NO. 3677, ESTABLISHING A TEMPORARY MORATORIUM ON ALL DOOR-TO-DOOR SOLICITATION ACTIVITIES AND DISTRIBUTION OF HANDBILLS AUTHORIZED BY THE CITY CODE OF ORDINANCES, CHAPTER 18, ARTICLE VII, SOLICITORS AND HANDBILLS. APPROVED City Secretary/Chief Governance Officer Alicia Richardson presented item. The moratorium if approved will be in effect through January 31, 2021, unless further action is taken by City Council. Staff recommends approval of Ordinance No. 3677. December 14, 2020 City Council Meeting Minutes Page 12 of 14 A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE ORDINANCE NO. 3677. MOTION TO APPROVE CARRIED 7-0. F.2 AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CITY POINT DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MM CITY POINT 53, L.L.C. APPROVED Director of Economic Development Craig Hulse presented item. The purpose of the request is to amend the previously approved City Point Development Agreement specific to the multifamily and single family residential zones. There are two amendments for City Council's consideration. The first amendment pertains to the three single family residential zones to address rental restrictions on the initial sale of single family lots. The second amendment would allow a revised standard for interior finishes if the project provides a structured parking garage of at least 175 spaces. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY DEPUTY MAYOR PRO TEM RODRIGUEZ TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CITY POINT DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MM CITY POINT 53, LLC. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council did not meet in Executive Session. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tern Turnage made the following announcements. North Richland Hills Santa Cops and the NRH Firefighter's Association are holding a toy and food drive to benefit those who are less fortunate in our community. Residents are encouraged to share in the holiday spirit by dropping off new, unwrapped toys and nonperishable food items to the Public Safety lobby at City Hall or any NRH Fire Station. Donations will be accepted through December 18, 2020. All donations will help families in December 14, 2020 City Council Meeting Minutes Page 13 of 14 need through the Community Enrichment Center and other local community organizations. City Hall and other non-emergency city offices will be closed for the holidays December 24 and 25 and January 1, 2020. There will be no garbage or recycling service on Christmas Day or New Year's Day. Collections will be made on Saturday instead. The December 28, 2020 City Council Meeting has been canceled. Our next regular meeting is scheduled for January 11, 2021 at 7.00 p.m. Kudos Korner - Robert Raley and Wayne Estep in Public Works - A resident emailed to say how thankful she was after Robert and Wayne responded on a Sunday to rescue her family's cat from a storm drain. She wrote: "It's things like this that make me even more proud to be a resident here in NRH... That cat is family and we couldn't imagine anything happening to him. Thank you again! You're our heroes!!!" I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8.52 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer December 14, 2020 City Council Meeting Minutes Page 14 of 14 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11, 2021 SUBJECT: Modify the 2021 City Council meeting schedule. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The City Council will take action to modify the 2021 meeting schedule to cancel the November 22 and December 27 City Council meetings and add special called meetings to accommodate the 2021 Budget process. GENERAL DESCRIPTION: The regular scheduled City Council meetings are held on the second and fourth Monday of each month. There are occasions when meetings conflict with holidays or state and national conferences. Historically, the City Council meeting schedule has been modified to either cancel or reschedule a meeting that is scheduled close to the Thanksgiving or Christmas holiday. On December 11 , 2020, during the City Council work session, City Council directed staff to bring forth an agenda item for consideration to cancel the November 22 and December 27 meetings. This item is placed on the agenda to formally modify the 2021 City Council meeting schedule. At the December 11, 2020 work session meeting, staff reviewed the budget calendar and outlined dates necessary to set public hearings and conduct public hearings associated with adoption of the city budget. The special called meetings are included in the 2021 City Council meeting schedule. The additional dates are August 2, 12 and 16, 2021. RECOMMENDATION: Approve the modified 2021 City Council meeting schedule. N m 0 m O 0 m O I� W lfl Vl N m Vl N N Vl N W lfl N m lfl N m lD m O I� � ri N N N N m I� ti W W �I1 N m 0 m O lfl N m lD C N m 0 m O W n ri W N m O] /1� Vl N m Vl N N Vl N W LL N m lD NCI" Om LL N ON N LL m N N N O to E �^JD b �fl m N lD O to O W � .-I W lfl ri W lfl N m lfl N m lD S ` to C Vl N Vl N N Vl N c� N m to m O O N m N N N V U m N m io m o m o a O N N F N N N 0 O U Uay I� N W C lfl N m N N m o N O c C 5 5 m O � V O n m m a N m N � m o Vl .-I N Vl ri N m Vl .-I N N N m lD m O lD m O m O n Vl N m Vl N N Vl N N W lfl N m lfl lfl N m lD to N N N N C rl ri rl 1.1 ri rl N > lD m O I� 3 > m O n m O n ti — ri m u � W �LL m � lflF m iT+ rl N N m O m- N m V1 n N N V1 n IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11, 2021 SUBJECT: Authorize payment to Bound Tree Medical, LLC for consumable medical supplies for an amount not to exceed $123,998, using an Interlocal Agreement with the City of Midlothian. PRESENTER: David Rainwater, Assistant Fire Chief SUMMARY: This item is to authorize payment to Bound Tree Medical, LLC for consumable medical supplies for an amount not to exceed $123,998, using an interlocal agreement with the City of Midlothian. GENERAL DESCRIPTION: The North Richland Hills Fire Department utilizes the interlocal agreement with Midlothian to purchase consumable medical supplies from Bound Tree Medical, LLC. These supplies are used by the department during responses to fire and EMS calls and are replenished as needed. Funding for this item in the amount of$123,998 was included in the FY 2020-21 Adopted Budget. Provided funds are appropriated in the city's annual budget for the renewal years and the terms and conditions of the contract do not change, the remaining renewals will not require additional City Council approval. RECOMMENDATION: Authorize payment to Bound Tree Medical, LLC for consumable medical supplies for an amount not to exceed $123,998, using an interlocal agreement with the City of Midlothian. ldicothien DIF'N'W's Southern Star AGENDA ITEM 2020-453 AGENDA CAPTION: Consider and act upon awarding a two-year contract with three, one-year extension options to Bound Tree Medical, LLC (Bound Tree) with an alternate contract to Life-Assist, Inc. (Life-Assist) to provide EMS Fire Dept Medical Supplies for the City of Midlothian effective January 1, 2021. ITEM SUMMARY/BACKGROUND: An Invitation to Bid was released for EMS Fire Dept Medical Supplies on October 29, 2020. This bid was advertised in the Midlothian Mirror and on the City website on October 29th and November 5th, 2020. Twenty-four bidders requested bid specifications directly from the City website and seven bids were received by the bid closing time on November 20, 2020 at 11:00 a.m., CST with Bound Tree and Life-Assist being the most advantageous of the seven bids received. Bound Tree was the overall lowest bid and Life-assist will serve as a secondary option in the event Bound Tree cannot supply the needed product. SPECIAL CONSIDERATION: Due to our current COVID-19 situation, vendors are unable to provide annual pricing. They are requesting 30-day pricing review subject to manufacturer increases which will be substantiated with the EMS Battalion Chief and Purchasing Agent. They are also agreeable to price decrease consideration if applicable. FINANCIAL IMPACT/FUNDING SOURCE: These services will be on an as-needed basis throughout the year. Funding is available in 105-619-343. Contract will be two years with three one-year renewal extensions. ATTACHMENTS: 1. Bid Tabulation 2. Contract-Bound Tree Medical, LLC 3. Contract-Life-Assist, Inc. ALTERNATIVES: Approve or Deny. RECOMMENDATION: Staff recommends approval as presented. SUBMITTED BY and TO BE PRESENTED BY: Dale McCaskill, Fire Chief, for the December 8, 2020 City Council meeting. Dc-4J�C-c'-4= REVIEWED BY: Ann Honza,CPA, Finance Director REVIEWED BY: q"N4� MN�)"dd Mary McD ald, Deputy City Secretary APPROVED BY: Chris Dick, City Manager .��000000000�00�0��0��0��00��0000000 =�1��1��11111111111111111�11111111��1111111��111�� IIIIIIIIII�II�I��IIIIIIIII��IIIIIIIIII��IIIIIIIIIII�IIIIIII �IIII��II��IIIIIIIIIIIII��IIIIIII��IIIIIII �IIIIIII��II�I��IIIIIIIIIIIIIIIIIIII�IIIIIIII��I��IIIIIIII�II�IIIIIII �III�I�� eaeaeaeeeeeeee��0000000e�e�eoe�� =�I�� 00000000�1011110111111011�1 A101111000011109A00111000001�00011001111111111 1111111111111111111111111�110111111111111111111.011111111111.111111111111 111111111111111111111111��11111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIII��I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111��11111111111�8811111�111111111181111��1111111111 11111111111111111111111��11111111111111111111111111111111111111111111111 111111111111111111111111�111111111�1111111111111111111111111111111111111 11111111111111111111111��11111111111111111111111111�11111111111111111111 IIIIIIIIIIIIIIIIIIIIIII��I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111111111111111111111�11111111111111111111111111111111111118111111111 11111111111111111111111��11111111111111111111111111111111111111111111111 111111111111111111111111�111111111111�1111111111111111111111111111111111 11111111111111111111111��1111111111�111111111111111111111111111111111111 IIIIIIIIIIII�IIIIIIIIII��I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111111111111111111111�11111111111181111111111111111001111111111111111 Il1011lllllllllllllll�l��111111111111111111111111111111�1111111111111111 111111111111111111111111�11111111111111111111111111111111111111111111111 11111111111111111111111��11111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIII��I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111111111111111111111�11111111181180881811111111111�81111118111888181 �1111111111111111111111��11111111111111111�1111111111111�111110111111111 111111111111111111111111�111111111111�1111111111111111�11111111111111111 11111111111111111111111��11111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIII�II��I IIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIII , _ 00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i 100A1109�11111�1 A010000088000108001001100011111110000111111�10111111011 11111111111111�11111111111111111111111111111111101111111111�11000000100 1111111111111��111111111111111111111111111111111�111111111��11111111111 IIIIIIIIIIIII�'�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�'�IIIIIIIIIII 1111�181111111�111111�11111111111111��11111111111111111111�11111111111 111111��11111®�1111111��1111111111111��1111111111111111111��11111111111 11111111111111�11111111111111111111111111111111111111111111�11111111111 1111111111111��1111111111111111111111111111111111111111111��111111111 IIIIIIIIIIIII��III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��IIIIIIIIIII 11111811111111�11111111111111111111111111111111111111111111�11111111188 1111111111111��1111111111111111111111111111111111111111111��11111111111 11111111111111�111�111111�1��111111111111�11111111111111111�11111111111 1111111111111��1111�11111�1��11111111111111111111111111111��11111111111 IIIIIIIIIIIIII'MIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111 1IIIIIIIIIIIIIIIIIIBIIIIIIIIIIOIIIIII8111111 111111ER 1111111111111��1111111111111111111�11�111111�1111111111111��11111111111 11111111111111�1111111111�1��111111111111111111111111111111�11111111111 1111111111111��1111111111111111111111111111111111111111111��11111111111 IIIIIIIIIIIII�'�III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�'�IIIIIIIIIII 1NN1I1II11111Im1Will 11 lwuuuwwNw 11111111111111�1111111111�1��111111111111111111111111111111�11111111111 �11111111111111111111111111111111111111111111111111111111� 11111111111 111100000A10011100111111011�11111110001111111111111111000111111111111111 000011111111111111111111111�111011:111001111111:.1111111111111 :1100000100 11111111111111111111111111��1111111111111111111�1111111111111111111�111 111111111111111111111111�1��1111111 11111111111111111111111 ��11111�111��111�1�1�1��11111111111�111111111111111111111 111111111 111111111111111111111111111�111111111111111111111111111111111 111111111 ��11111111111111111111111��11111111111111111111111111111111111111�11111 111111811111111111111111111�1111111 11111111111111111111111 - 11111111111111111111111111��111111111111111111111111111111111 /11/11111 111111111�1111111111�101�11�111111111111111111111111111111111 111111111 11111111111111111111111111��11111111111111111111111111111111111111111111 888111111111111011881111111�1111111 11111111111111111111111 11111111111111111111111111��111111111111111111111111111111111 111111111 111111111111111111111111111�111111111111111111111111111111111 111111111 11111111111111111111111'M 1IIIIIIIINIIIIIIIINIIIIIII 1111111111111111111111111111111111111111111 888818111OIB111011IIIIIBII I I IlO111= = = 11111111111111111111111 ��1111�1�111�111111��11��I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��IIIIII 111�11111�1�111�11111111111�111111111111111111111111111111111 11111111111111111111111111 11111111111111111111111111111111111111111111 lull Bill! �: 1�11 11■111■11��1■11111 11�11 11■11 11 � 1 1■111■��■11■111■11��1■IIIIIII■11■11■111■11 11■111■ Nil 1M 1 WNIlium IIIIIIIIIIIII011111 ■��0� �1 � 1 1■19�■11■11■111■11■11■11111��11■��■��■��■��■�� . 11■11■11■11 III I M 1 1■111■11■11■�11■11■11■1111��1��11■111■11■11■111■ IliumI I II�III�IIII��II��IIII�IIIIIIIIIII 111 11■111�1�■11■1�1�11■1�■110�111■11■��■��1■�0■1�■1�1■ III I M 1 1■111■1�■11�1�1�11�1�■11��111■11■��■��1■��1�■1�1■ �. 11■11■11■11 loll II 11110111111111111119111��IIIIIIIIIIIIIIIIIII�11111 IIIIIIIIII� IIIIIIII I I IIIIIIII 1111111111111111111 `m E $ ' E Iffffff IIIIIII o 11. f — — $ 5� c 3 i A A - r 'o a= e'de - z° S - - e »»ia myu iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii� S� o - f - i c - - wa »»iai uuuuuuiuuuuuuuuiuuuuuuuuiuuuuuuuuiuuuuuuuuiuuuuuuuuiuuuuiuuuuuuuuiuuuuuuuuiuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiuuuuuuuuuuuuuuui o - s Z i E � e0 - b = 8 x x si Lf f :E i � a UUU I� - f � g i i 0 f a a 0 0 o E E ss n� � & $ L'j sss s z ATTACHMENT 2 Bound Tree Your Par(nor In EMS 6000 Tuttle CroBsing Blvd. Dublin,01-143010 614,760,6000 wwwboundiroo.com November 18,2020 City of Midlothian Purchasing Department 104 West Ave. E Midlothian,TX,76065 Dear Cheryl Allison, Bound Tree Medical is pleased to offer the attached proposal for the City of Midlothian EMS Medical Supplies Bid. Please review the following proposal for Bound Tree's competitive bid pricing, We want to emphasize our continued commitment to you to provide the most complete offering of products and services. The proposal includes the following: • Proposal Information&Pricing • BTM Item Numbers&Descriptions • BTM Pharmaceutical Advantage/VAWD Certification • BTM Price Increase Policy • Disaster Program Information • BTM University • References • Customer Service • Distribution Center Information • Return Policy • Warranty Information • Online Ordering Capabilities • Sample COI • W-9 We thank you again for the opportunity to provide all your EMS equipment and information needs. If you require additional information, our contact information is below, Greg Wolf,LIP Addle Shough Account Manager Pricing Analyst, Bids &Contracts 817.658.4168 800.533,0523 x 5352 Lmitmson 6LIdiLa_kg�Lqtlei)bouridtree.com Ado Idlothlan DFW's Southern Star Purchasing Division Cheryl Allison Purchasing Agent ADDENDUM#2,November 13,2020 BID NO. 2020-28 EMS FIRE DEPT. MEDICAL SUPPLIES 1. ANNOUNCEMENT OF CHANGE TO BID OPENING DATE A. The bid opening has been extended to Friday,November 20,2020 at 11:00 AM. No other exceptions to the bid opening have been made. 2. REMINDER AS STATED IN RFP A. All sealed bids shall be submitted including one marked original, one (1) duplicate on the original forms and one(1)electronic copy clearly marked with bid number and description. Bids sent via courier must be sealed in a separate envelope inside of the mailer. Bids cannot be received by email at this time. B. All inquiries about this bid or specifications must be made to Cheryl Allison, Purchasing Agent at cheryl.allison@midlothian.tx.us prior to Monday,November 16,2020 at 11:00 AM. ACKNOWLEDGING RECEIPT OF THIS ADDENDUM SHOULD BE SIGNED AND RETURNED WITH YOUR BID NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE Signature Name Brian-ranuke Title President,Emergency Preparedness Tel.No. 800,533,0523 A90 ldlothitin I)FW' outhem Star Purchasing Division Cheryl Allison Purchasing Agent ADDENDUM#I, November 13, 2020 BID NO. 2020-28 EMS FME DEPT. MEDICAL SUPPLIES 1. ATTACHMENT A. Usage Spreadsheet B. Revised List of Items for RFP Spreadsheet 2. CLARIFICATION A. Will you consider price adjustments after the 1st 12 months with documentation,during this time many of the manufacturers we are working with will not guarantee two-year pricing,and in fact are now changing pricing within less than a year. It has just become almost impossible to predict,so checking if this could be a consideration during these uncertain times. These terms should be outlined on page 2 item#19 of the bid, B. Also,during this time everyone is working remotely. Your bid requires signatures of our VP, will you allow an electronic signature?Yes C. Do you anticipate extending the bid due date?Not at this time. D. Was this bid posted to the nationwide free bid notification websitc at www.mygovwatch.com/frce? No E. Other than your own website,where was this bid posted?The Midlothian News Mirror F. Could the City provide estimated annual usage/quantities for the items being requested in the bid? Attached is our usage report. This information is based on usage for Midlothian only and does not include usage by additional Cities which might utilize the cooperative agreement. G. If there are bid terms and conditions Vendor may not be able to agree to,will the City allow Vendor to include clarifications or exceptions as part of its bid submission? Clarifications and/or exceptions can be included as part of bid submission. The City will take these exceptions into consideration when determining the Best Value for the City. H. If there are insurance requirements that Vendor may not be able to agree to,will the City consider exceptions to insurance terms and conditions? Insurance exceptions can be included as part of bid submission. The City will take these exceptions into consideration when determining the Best Value for the City. I. Could you clarify the meaning of the last sentence in Section 7 on Page 8 (Conditions of Bidding,Escalation/De-Escalation)?"Any contract awarded with an escalation clause shall be subject to de-escalation in the event of cost reduction."Vendor requests for price adjustments will be evaluated based on cost increases and cost reductions in supplies that the vendor may have experienced. J. Can the City please provide vendors with the most recent bid tabulation for awarded pricing and Unit of Measure for the items in the current bid? The City of Midlothian has utilized another City's contract in the past and does not have a bid tabulation to provide. K. Bidder MUST give full firm name and address.Person signing bid should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. Authorized signature should appear on each page of the bid, in the space provided. I only find one place for signature on P2, and didn't find any other provided space for signatures. For this RFP,P2 is the only required signature page. L. Stated in RFP-"REQUIREMENTS:Any variance in any item(s)must be specified clearly under the Exceptions to Bidder's Proposal by Bidder in order to have a valid bid. Any exceptions taken may be just cause for disqualification.All unit pricing shall be specified on the attached pricing sheets. Bidder shall indicate Grand Total pricing on Invitation to Bid for attached line items, if applicable."Again,this talks about Exceptions to Bidder's Proposal which is not available. Also, I didn't find Total or Unit pricing column on the excel sheet. Where are we supposed to input pricing?The List of Items Spreadsheet has been amended and is attached. The only changes to the Spreadsheet where to include the word Price above the"Each","per Box", & "per Case" columns to indicate where the pricing should be listed.There was a column included on this Spreadsheet for Vendors Comments to be utilized for exceptions. An additional area has been added to the bottom for Exceptions should it be necessary. M. Stated in RFP-"Signature: This bid must be signed by a company representative authorized to bind the offer contractually." Does it have to be signed in wet,or electronic/scanned signature also works?Electronic/Scanned Signature is fine. N. Need manufacturer item numbers for the items below marked as No Substitutions Nebulizer,AeroEclipse II BAN,W/O ELBOW,breath actuated, SM volume,w/mouthpiece, tubing Nebulizer,AeroEclipse II BAN,with ELBOW, breath actuated, SM volume,w/mouthpiece, tubing The only information we have been given is 64594050 AeroEclipse Face Mask 58-65750 ea. 0. Need to know if the Ohmeda and DISS fittings are male or female, manufacturer part#. Also, this item is repeated, line 69 and 423. Quick Connect Coupler, Oxygen, Ohmeda x DISS Hex Nut Quick Connect Coupler, Oxygen, Ohmeda x DISS Hex Nut This is male and not subject to a particular brand. P. Line number 122:Curaplex Stop the Bleed,Basic Kit Vacuum Sealed. This item is an exclusive item with no substitutions allowed. Please remove this item from the bid.An alternative can be presented, but the requested Stop the Bleed kit is what is currently used in the city. This would maintain conformity. Q. Line number 123: Curaplex TOCS: Tactical Occlusive Chest Seal, 6 in x 6 in; 2/PK This item is an exclusive item with no substitutions allowed.Please remove this item from the bid. No Substitutions was a typo. It says to the side or equivalent on the main line. R. Line number 141: Israeli Emergency Bandage, Green 8in.This item has been discontinued by the manufacturer and no substitutions allowed. Please remove this item from the bid. This can be substituted with the 6in. S. Line number 194:Personal Wipes,FireWipes,for Soot Removal, 8 in x 12 in Textured, Disposable 12/bx. Can you supply the manufacturer name and part number?No part number available: Contact N for Fire Wipes at: (844) 947-3483 T. Line number 27 1:Multi-Function Defib Pads,Physio-Control Adult/Child or equivalent.Can you supply the manufacturer part number?It does not say it has to be physio-control brand pads 326 5000units.A different part number can be provided. U. Line number 272:Multi-Function Defib Pads,Physio-Control Pediatric/Infant or equivalent. Can you supply the manufacturer part number?It does not say it has to be physio-control brand pads 326 5000units.A different part number can be provided. V. Line number 326:Heparin pre-mixed 250 or 500cc bag.Need the strength (how many units of heparin)? 5000 units W. Line number 403: Certa Dose PALS Syringe Holder Kit I/KT 4KT/BX. Can you supply the manufacturer part number? For Certi-Dose line 403 see below. Due to the nature of this product,orders must be made through., Concordance Healthcare Solutions Purchasing www.coneordancehealtheare.com Item: 278950 Call 800473-2332 to set up an account if you are not a current Concordance customer. Cardinal Health Purchasing www.orderexpress.cardinalhealth.com Item: 5513643 Call 800-926-3161 to set up an account if you are not a current Cardinal customer. Bound Tree Purchasing w-svw.boundtree.com Item: 0001-05 Email contactcustomerservice*�boundtree.com to set up an account if you are not a current Boundtree customer. McKesson Pharmaceutical www.connect.mckesson.com NDC#71754-0001-05 Call 855-571-2100 to set up an account if you are not a current McKesson Pharmaceutical customer. X. Line number 432: Stop The Bleed Sticker Kit(10 Stickers/Kit).This item is an exclusive item. Please remove this item from the bid. Will not remove from the bid. An alternative can be presented. The Stop the Bleed goes with our city kits. ACKNOWLEDGING RECEIPT OF THIS ADDENDUM SHOULD BE SIGNED AND RETURNED WITH YOUR BID NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESEN IVE Signature—] Name Brian LaDuke Title President,Emergency Preparedness Tel.No. 800.533.0523 10" Midlothian CITY OF MIDLOTHUN to OFW's Southem SUr INVITATION TO BED BID#2020-28 EMS Fire Dept. Medical Supplies The City of Midlothian is now accepting sealed bids for Medical Supplies for the City of Midlothian Fire Department. Forms furnished by the City of Midlothian may be obtained without deposit by downloading from: City of Midlothian Website at www.midlothian.tx.us Purchasing Department All sealed bids shall be submitted including one marked original, one (1) duplicate on the original forms and one (1) electronic copy clearly marked with bid number and description. Bids sent via courier must be sealed in a separate envelope inside of the mailer. Bids cannot be received by email at this time. Bids will be received at the City of Midlothian, Purchasing Office, 104 W Avenue E, Midlothian, TX 76065 until 11:00 a.m.Wednesday,November 18,2020. No late bids will be considered. The bids will be publicly opened after the closing on the said date. The City of Midlothian reserves the right to reject any and all proposals, to waive irregularities, and to accept the bid(s) deemed to provide the best value for the City. The City reserves the right to award the contract to a single contractor or to split the contract between contractors if it is deemed this will be the best value for the City. All inquiries about this bid or specifications must be made to Cheryl Allison, Purchasing Agent at .qhleiNj...afliso w',,r,rijd1othian,1x,'U' prior to Thursday,November 12, 2020 at 11:00 AM. PUBLISHED: 10-29-20 11-05-20 14M Bidder Must Fill In&Sign Name of Firm,Company Midlothian Round Thp Mcdlgal,LLQ. DFW Agent's Name'a Witham Mar Brian LaDuke Agent's Title BID TITLE: EMS FIRE DEPT.MEDICAL SUPPLIES President Emergency Preparedness BID NUMBER: 2020-28 PRE-DID MEETING: N/A Mailing Address BID OPENING DATE: 5000 Latic-Cras5ing Blvd Wednesday,November 18,2020 @ 11:00 AM City State Zip LATE BIDS WILL NOT BE CONSIDERED. Dublin Ohio 43016 Telephone BIDDER AGREES TO COMPLY WITH ALL CONDITIONS BELOW, ATTACHED SPECIFICATIONS, AND NOTES, BIDDER HAS READ Fax No. AND AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS 877.311.2437 OF INVITATION TO BID, PURCHASES MADE FOR CITY USE ARE Email address: EXEMPT FROM THE STATE SALES TAX AND FEDERAL EXCISE TAX. DO NOT INCLUDE TAXES IN YOUR DID. BIDDER submitbids@boundtree.com GUARANTEES PRODUCT OFFERED SHALL MEET OR EXCEED MINIMUM SPECIFICATION IDENTIFIED IN THIS INVITATION TO DID. AUTHORIZED SIGNATURE @ All participating cities will provide a list of authorized persons and authorized delivery destinations. The City of Midlothian is desirous of the following. Please specify if your firm can provide the following. YES NO (1)Ability to order from a template over the internet? _X (2)Secure on-line ordering? X (3)Vendors web site offers real-time indicators of product availability. x (4)Local sales representation within 100 miles? X (5)Sales representative has an EMS background,clinical experience, and familiarity with pre-hospital medicine? x (6)Sales representative is able to provide training for products offered? _x_ (7)Sales representative must be available for routine visits? x (8)Ability to requisition to a central purchaser via internet? x (9)Ability to track product usage and cost for each requisitioning agency? (10)Ability to ship to multiple delivery destinations? (111)Ability to deliver within 48 hours with no additional charges? X (12)Ability to track up to 24 months of purchase history(monthly)? x (13)Can additional cities purchase"off'this contract? X (14)Ability to produce quarterly consumption reports? (15)Local warehouse(within 50 miles of Midlothian)? x (16)Ability to pick up ordered supplies at a regional warehouse? x (17)Multiple distribution centers through the country? x (18)Please include your RUSH Order policy in your bid. Included in response (19)Escalation./De-Escalation price consideration would be requested on a manufacturer basis only. Winning Vendor: Must provide one(1)yearly product review meeting. Meeting location and date will be decided upon between the City of Midlothian and the winning vendor. BID SHEETS FOUND FOLLOWING SCOPE OF WORK "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the firm,corporation,partnership,or institution represented by the bidder,or anyone acting for such firm,corporation,or institution has violated the antitrust laws of the State, codified in Section 15,01,et seq., Texas Business and Commerce Code,or the Federal antitrust laws,nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business." TERMS AND CONDITIONS 1. The City of Midlothian will accept scaled bids Monday through Friday,8:00 a.m.—5:00 p.m, Bids must be received before the specified hour and date of the opening. Bids will he publicly opened and read aloud. 2. All sealed bids should be submitted on the original forms provided with one(1)duplicate and one(1)electronic copy. No email copies will be accepted. Each bid must be scaled and should be placed in a properly identified envelope with bid number,time and date of bid opening. 3. Late bids will be UNOPENED. Late bids will not be considered under any circumstances. 4. Bids CANNOT be altered or amended after opening time. Any alterations made before opening time must be initialed by bidder or his authorized agent. No bid may be withdrawn after opening without approval,and based on a written acceptable reason. 5. The City of Midlothian reserves the right to revise or amend the specifications prior to date set for opening bids. Such revisions or amendments, if any, will be announced by amendments or addendum to these specifications. Copies of such amendments or addendum so issued will be furnished to all prospective bidders by City website, If bidder demonstrates just reason for a change,the City of Midlothian must have at least five working days'notice prior to bid opening date, 6. Should bidder find discrepancies in or omissions from the specifications or other documents or be in doubt as to their meaning,bidder should at once notify the Purchasing Department and obtain clarification prior to submitting a bid. 7. QUOTE F.O.B.destination. Price should include all costs including shipping, handling,and other related costs. Bid unit price on quantity specified—extend and show total. In case of errors in extension,UNIT prices shall govern. Bids subject to unlimited price increases will not be considered. 8. Bid offered shall be valid for ninety(90)days from opening date. 9. The City of Midlothian is exempt from taxes. DO NOT INCLUDE TAX iN BID. 10, The City of Midlothian reserves the right to terminate this contract for any reason by notifying the Contractor/Supplier in writing thirty(30) days prior to the termination of this agreement. 11. Bidder MUST give full firm name and address. Person signing bid should show TITLE or AUTHORITY TO BIND HIS FIRM iN A CONTRACT. Authorized signature should appear on each page of the bid,in the space provided. 12. Any catalog,brand name or manufacturer's reference used in bid invitation is descriptive—NOT restrictive—it is to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than reference specifications, bidder must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s)specified is offered, illustrations and complete description should be made part of the bid. If bidder takes no exceptions to specifications or reference data,he will be required to furnish brand names, numbers, etc.,as specified. All items bid shall be new, in first class condition and manufacturer's latest model and design including containers suitable for shipment and storage, unless otherwise indicated in bid invitation. Verbal agreements to the contrary will not be recognized. 13. if the brochure or information included with your bid does not exactly describe the item to be furnished, then notes in the attached form, "EXCEPTIONS TO BIDDER'S PROPOSAL,"must explain the difference. Comments in this form signify that your proposal lakes exception to the stated specifications. Exceptions taken may be just cause to disqualify bid. 14. NO substitutions or cancellations permitted without written approval of the City of Midlothian. 15. All bidders must meet or exceed the minimum specifications to be considered as a valid bid. The City of Midlothian reserves the right to accept or reject all or any part of any bid,waive minor technicalities and award tine bid either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Midlothian.The City reserves the right to select one contractor or to split by North and South regions to two contractors, 16. DELIVERY: Specifications indicate number of days required to place material in receiving department designated location under normal conditions. A difference in delivery promise may break a tie bid. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. Delivery shall be made during normal working hours only,8:00 a.m,to 5:00 p.m.unless prior approval for late delivery has been obtained. 17. Consistent and continued tie bidding could cause rejection of bids by the City of Midlothian and/or investigation for Anti-Trust violations. 18. Ifa bid contains proprietary information,die Bidder must declare such information as proprietary if Bidder does not want information to become public. 19. The Contractor/Supplier agrees to protect the City of Midlothian from claims involving infringement of patents or copyrights. 20. Purchase order number should be on original invoice and invoice sent to the City of Midlothian, 104 W Avenue E,Midlothian,TX 76065;Attn: Accounts Payable. 2). The City of Midlothian shall pay for the product/service within thirty(30)days of receipt and acceptance. Acceptance by the City of Midlothian shall constitute all items bid being received and in good working order to the City of Midlothian's satisfaction. EMS FIRE DEPT. MEDICAL SUPPLIES BID NUMBER: 2020-28 SPECIFICATIONS(NIINIMUM: SCOPE: The City of Midlothian seeks competitive bids for Medical Supplies for the City of Midlothian Fire Department. REQUIREMENTS:Any variance in any item(s)must be specified clearly under the Exceptions to Bidder's Proposal by Bidder in order to have a valid bid. Any exceptions taken may be just cause for disqualification. All unit pricing shall be specified on the attached pricing sheets. Bidder shall indicate Grand Total pricing on Invitation to Bid for attached line items, if applicable. GENERAL CONDITIONS: Sections must be filled out completely.The bid shall be awarded in whole or in part to the vendor(s)who provide(s)goods or services at the best value for the City. QUANTITIES: Proposed quantities are and may be subject to additions and/or deletions. The quantities listed in the bid schedule will be considered an approximate and will be used for the comparison of bids. The City of Midlothian reserves the right to increase or decrease quantities for any item dependent on available funding during the entire term of this contract. ACCEPTANCE AND NONCONFORMING STANDARDS: All deliveries shall be accepted subject to inspection, count,and/or testing. A waiver on one occasion does not constitute a waiver on future occasions. EVALUATION CRITERIA: Award of contract does not obligate the Buyer to order or accept more than Buyer's actual requirements during the period of this agreement, as determined by actual needs and availability of appropriated funds. Contract may be awarded to the bidder or bidders who provides goods or services at the best value for the City of Midlothian. The City of Midlothian reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interest of the City of Midlothian. AUDIT: Supplier shall provide the City of Midlothian a line item report of quantities and expenditures at any time during the term of this contract for materials, commodities, or services rendered as requested by the Purchasing Department. NON-FUNDING CLAUSE: The City of Midlothian's budget is funded on an October l"to September 30" fiscal year basis. Accordingly, the City of Midlothian reserves the right to terminate this contract by giving Bidder thirty(30)days written notice, without liability to the City, in the event that funding for this contract is discontinued or is no longer available. TERM OF CONTRACT AND OPTION TO EXTEND: The contract shall be for an initial term of two (2)years beginning upon City Council approval or the assigned effective date. Three (1), one-year renewal periods will be available if both parties agree to contract renewal. Contract rates can be adjusted upward or downward as outlined in the Escalation/De-Escalation Clause of the bid. CONTRACT TERMINATION: The City of Midlothian reserves the right to terminate this contract for any reason by notifying the contractor in writing thirty(30)days prior to the termination of this agreement. INSURANCE AND BONDS: The Contractor is responsible for meeting the following minimum limits of insurance and bond coverage,or as outlined in the Scope of Work: Contractor shall maintain, at his sole cost, at all times while performing work hereunder, the insurance and bond coverage set forth below with companies satisfactory to the Owner with full policy limits applying, but not less than stated. BIDDER SHALL INCLUDE CERTIFICATE OF INSURANCE WITH THE INVITATION TO BID, OR PRIOR TO AWARD OF BID. BIDDER OR BIDDER'S INSURANCE AGENT SHALL INCLUDE BID NUMBER AND DESCRIPTION OF BID ON THE CERTIFICATE OF INSURANCE. THE COMPANIES AFFORDING COVERAGE AND THE PRODUCER OF THE CERTIFICATE OF INSURANCE SHALL BE LICENSED WITH THE STATE BOARD OF INSURANCE TO DO BUSINESS IN THE STATE OF TEXAS, (a) Workman's Compensation Insurance as required by laws and regulations applicable to and covering employees of Contract engaged in the performance of the work under this agreement; (b) Employers Liability Insurance protecting contractor against common law liability, in the absence of statutory liability, for employee bodily injury arising out of the master-servant relationship with a limit of not less than$500,000. (b) Comprehensive General Liability Insurance including products/completed operation with limits of liability of not less than: Bodily Injury $1,000,000 per each person, $1,000,000 per each occurrence/aggregate; Property Damage$1,000,000 per each occurrence; (c) Excess Liability_Insurance, Comprehensive general Liability, Comprehensive Automobile Liability and coverages afforded by the policies above, with the minimum limits of $1,000,000 excess of specified limits. INDEMNITY AGREEMENT: THE CONTRACTOR HEREBY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS,AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR LOSS OF USE OR REVENUE, OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ACTUAL OR ALLEGED MALFUNCTION, DESIGN OR WORKMANSHIP IN THE MANUFACTURE OF EQUIPMENT,THE FULFILLMENT OF CONTRACT,OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES UNDER THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN PART FROM (1) THE JOINT NEGLIGENCE OF THE CITY AND THE CONTRACTOR, AND/OR THEIR RESPECTIVE OFFICERS, AGENTS AND/OR EMPLOYEES OR (11) THE SOLE NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCE OF(I) THE CITY'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE WITH THAT OF THE CONTRACTOR OF THE INJURY, DEATH OR DAMAGE AND/OR (II) THE CONTRACTOR'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE CAUSE OF THE INJURY, DEATH, OR DAMAGE. FURTHERMORE,THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE,CAUSE OF ACTION,SUIT AND LIABILITY WHERE IN INJURY,DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE CONTRACTOR AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED FOR HEREIN SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. (REVISED 9-15- 04) COMPLIANCE WITH LAWS: Bidder shall comply with all Federal and State laws and City Ordinances and Codes applicable to the Bidder's operation under this contract. These Specifications and the contract resulting here from shall be fully governed by the laws of the State of Texas,and shall be fully performable in Ellis County,Texas, where venue for any proceeding arising hereunder will lie. SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail,or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of specifications shall be made on the basis of this statement. ETHICS ACKNOWLEDGEMENT Any vendor or contractor entering into this contract or agreement with the City of Midlothian, Texas expressly acknowledges that it has familiarized itself with the provisions of Section 2-34(i) of the Code of Ordinances of the City of Midlothian which provides, among other things, that if within two years after the commencement of this contract or agreement the vendor or contractor hires a city official, former city official, appointed city officer, former appointed city officer, appointed city executive employee, or former appointed city executive employee or a city employee who, while acting in such capacity, had substantial and personal involvement with the negotiation of this contract or agreement,then this contract or agreement shall,at the option of the City Manager,be cancelled and/or the vendor or contractor shall be barred from additional contracting with the City of Midlothian for a period of three years. ASSIGNMENT: The successful bidder may not assign,sell or otherwise transfer this contract without prior written consent of the City Council of the City of Midlothian. SEVERABILITY: If any section, subsection, paragraph,sentence, clause, phrase or word of these requirements or specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. CERTIFICATE OF INTERESTED PARTIES:1 In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code and applies to all contracts entered into on or after January 1, 2016. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies to all contracts/purchases of a governmental entity that require an action or vote by the governing body of the entity. With regards to City of Midlothian purchases, a vendor that is awarded a contract or purchase that is greater than $50,000 is required to electronically create a Form 1295 through the Texas Ethics Commission website (https:H)v�vw.et[iies.state.tx.us/iviiatstweiv/elf info form1295.lotm) and submit a signed and notarized copy of the form to the City. A contract, including City-issued purchase order,will not be enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form 1295 from the awarded vendor. RIGHT OF ASSURANCE: Whenever one (1) party to this contract in good faith has reason to question the other parry's intent to perform, he may demand that the other party give a written assurance of this intent to perform. In the event that demand is made and no assurance is given within five(5)days, the demanding party may treat this failure as an anticipatory repudiation of this contract. BID DELIVERY: The City of Midlothian Purchasing Department shall accept Le led bids Monday through Friday, 8:00 a.m. - 5:00 p.m. Bids must be received by the Purchasing Department before the specified hour and date of the opening. Each bid must be sealed and should be placed in a properly identified envelope with bid number, time and date of bid opening. EMS FIRE DEPARTMENT MEDICAL SUPPLIES BID 2020-28 SPECIFICATIONS INTENT It is the intention of these specifications that the successful vendor shall furnish the City of Midlothian, Texas, with medical supplies covered by the Bid Specification which the City may require during the period of time specified. The products included in this bid represent many of the products ordered most frequently by the City and are listed for bid evaluation purposes only. Actual usage and quantities will vary and ordering will be based on actual requirements. The City of Midlothian has interlocal agreements with other cities for the purchase of supplies and it is believed that these cities will wish to join and have expressed such interest. MEDICAL SUPPLIES REQUIREMENTS/EXPECTATIONS The items included on the medical supplies' requirement sheet represent many of the products ordered most frequently by the City and are listed for bid evaluation purposes. The City also desires to purchase from the successful bidder other medical supplies not listed on the requirement sheet. Bid award may be made in whole or part as deemed most advantageous to the City of Midlothian. The contract awarded to the successful bidder shall be for a period of(2)years. The City of Midlothian reserves the right to renew this contract for(3)additional one-year periods under the same terms, condition and should the City so desire and the current vendor agree. At the end of the two-year obligation, if the City and successful vendor wish to renew, the vendor shall submit a letter addressed to,City of Midlothian, Purchasing, 104 W. Ave E,Midlothian TX 76065, A). 75 days in advance of contract termination a bona-fide manufacturer's documents directed to the City of Midlothian Purchasing Agent, of price listing (itemized) reflecting the anticipated changes (both increases and decreases) in prices, if any. Increase for the extension shall be limited to the actual cost increases to the current vendor and must be the guidelines outlined in the contract. Product acceptability will be at the sole discretion of the City of Midlothian. Any product delivered which does not meet the City's specifications, or otherwise found to be defective, will be returned at the vendor's expense for replacement or credit. All products shall be of condition and quality "TO MEET ACCEPTABLE STANDARDS OF CARE". Any reference to requirements in the specifications that are brand or process specific is purely for the establishment of intended quality expectations and is not to be considered a disqualifying standard. The successful bidder shall make delivery of ordered supplies within 48 hours of the time the order is placed. Delivery must be made during normal working hours, Monday through Friday, 8:00 a.m, to 5 p.m. F.O.B. Destination: City of Midlothian has specified delivery locations. All unit and extensions shall include freight and other delivery charges.No med shall be shipped with an expiration date that is less than one year from the month the med was shipped. There are no minimum purchase amounts for an order and no service charges/delivery will be applied. Failure to deliver as required will result in the purchase of said order from the next highest bidder. Delivery tickets must accompany each delivery. Invoices must be legibly prepared showing the full description and price of items(s)delivered. EMS FIRE DEPARTMENT MEDICAL SUPPLIES BID 2020-28 CONDTIONS OF BIDDING (Full compliance with the following conditions is necessary for consideration of this bid) 1. Signature: This bid must be signed by a company representative authorized to bind the offer contractually. 2. Unit Prices and Extensions: If there is a difference between unit price and their extension, the unit price will govern. 3. Freight and Other Delivery Charges: All bids will be F.O.B.delivery address,freight prepaid. Charges will not be added after the bid is opened. The City of Midlothian assumes no liability for goods delivered in damaged or unacceptable condition, The successful bidder shall handle all claims with carriers, and in case of damaged goods,shall ship replacement goods immediately upon notification by the City of damage. 4. Acceptance: The materials and/or services delivered under this bid/quote shall remain the property of the seller until a physical inspection and actual usage of these materials and/or services supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return such product to the seller at the seller's expense. 5. Discount: Show rate, total amount, and latest day any discount will be allowed after receipt of article and correct invoice(per conditions of contract). 6. Pam: net 30 days from acceptance of goods/services, receipt of original vendor invoice, and/or all other required documents required in the detailed specification of this bid/quote. 7. Escalation/De-Escalation. The bid will be awarded with escalation/de-escalation pricing,in which the vendor is required to give a 30-day written notice before price increases. Requested increases must be a factor beyond the control of the bidder. The increase shall not exceed the percentage increase passed on by the manufacturer,and proof of need for increase must be documented by manufacture's letter and forwarded to the Purchasing Agent. Any increase must be approved by the using department and the Purchasing Division before acceptance. Price adjustments scheduled and allowed as agreed upon in RFP only. Any contract awarded with an escalation clause shall be subject 10 de-escalation in the event of cost reduction. 8. Federal or State Taxes: The city is exempt from taxes by Federal Excise Registration 4A-312726 and State Permit#75-6000-609. 9. Guarantees and Warranties: Must be attached to the bid and may be considered in awarding the bid. Seller shall guarantee and warrant that the equipment or product offered will meet or exceed specification identified in the bid invitation and are suitable for and will perform in accordance with their intended purpose. The seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specification, the Seller shall upon written request from the City, promptly remove such equipment or product without further expense to the City at the City's request,the Vendor will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 10. Delivery or Contract Completion Time: Must be shown, as the date may, where time is of the essence, determines the contract award. Failure to state delivery time may cause bid to be rejected. Successful bidder shall notify the Purchasing Department immediately if delivery schedule cannot be met. If delay is foreseen, successful bidder shall give written notice to the Purchasing Agent and EMS Chief. The City of Midlothian has the right to extend delivery time if reason appears valid. In the event delivery is not made within the stated time period (without acceptable reason for delay and written consent from the City, the City reserves the right to place the order with the next available vendor and the successful bidder shall be liable for any increase in price as liquidated damages, if being agreed that said sum is a fair and reasonable estimate of actual damages the City will incur. Bidder will not be held liable for failure to make delivery because of strikes, conscriptions of property, governmental regulations, acts of God, or any other causes beyond its control; provided and extension of time is obtained from the Purchasing Department or EMS Chief. It. Bid Closing&y Bid Preparation: Sealed bids received after the bid opening date and time will not be considered. It will be the SOLE RESPONSIBILITY of bidders to ensure bids are in the possession of the City of Midlothian Purchasing Department by the appointed date and time. The City will not be responsible for bids which are mismarked,delivered to the wrong place, or delayed in delivery. Electronic and Facsimile transmitted bids will not be accepted in the bid process. Each bid must be submitted in a sealed envelope bearing on the outside the name of the Bidder, his address, the name of the bid title, and bid number if any. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form and as above. 12. Item Bid: Each bidder shall describe (per specification requirements) each item bid as to Manufacture, Brand Name, Model, etc. Items shall be NEW unless stated otherwise in the City's specification. Any reference to model and/or make/manufacture used in bid specification is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on like quality will be considered. 13. Samples: Samples of items, when required, must be furnished free, and, if not called for within 30 days from date of bid opening, will be disposed of by the City. 14. Alternates: Must clearly state"ALTERNATE: and shown on the bid form with complete information attached. Alternate bids may or may not be considered in the bid process in the sole discretion of the City of Midlothian. 15. Exception/Substitutions: All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to the specifications,or offering considered for award. Bidders taking exception to the specification, or offering substitutions,shall state exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and City shall hold the bidder responsible to perform in strict accordance with the specification of the invitation. 16. Pharmaceutical Requirements: a) Vendor must be licensed with the Drug Enforcement Administration to sell and distribute Schedule 11, Schedule III,and Schedule IV controlled substances. b) Vendor must be able to provide the Drug Enforcement Administration's electronic Controlled Substances ordering System(CSOS). c) Vendor must be in, and remain in compliance with the Drug Supply Chain Security Act and the Prescription Drug Marketing Act. Vendor must provide transaction reports with each shipment of pharmaceuticals. 17. Ambiguity in Bids: Any ambiguity in any bid as the result of omission, error, lack of clarity,or non-compliance by the bidder with specification, instruction, and all condition of bidding shall be construed in the light most favorable to the City. 18. Chan-es of Additions: No Changes or additions will be allowed after bid opening. Changes or addition submitted prior to bid opening must be in accordance with paragraph 1 I above. 19. Funding: Funds for payment have been provided through the requesting entity. The State of Texas statues prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. 20. Trade Secrets Confidential information and the Texas Public Information Act: If you consider any portion of your bid to be privileged or confidential by statue or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. The City of Midlothian will honor your notation of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as privileged or confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged or confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. Marking your entire bid CONFIDENTIAL/PROPRIETARY will not necessarily make it, or any part thereof, exempt from the public disclosure requirement of the Texas Public Information Act. 21. HUBS:The City of Midlothian hereby notifies all bidders that in regard to any contract entered into pursuant to the invitation to Bid: Historically Underutilized Businesses (NUB'S) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race,color, sex,disability,or national origin in consideration of an award. HUB(s) are defined as certified businesses that are at least 51%owned,operated, and controlled by qualifying groups which include: Asian Pacific Americans, Black-Americans, Hispanic Americans,Native Americans,and women. 22. Any contract made, or purchase order issued, as a result of this invitation to Bid, shall be governed under the laws of the State of Texas with performance and venue to be in Ellis County, Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, And Local laws,regulation,and executive orders to the extent that the same may be applicable. 23. Minimum Standards for Responsible Prospective Bidders: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: a) Have adequate financial resources required,or the ability to obtain such resources as required; b) Be able to comply with the required or proposed delivery schedule; c) Have a satisfactory record of performance; d) Have a satisfactory record of integrity and ethics; e) Be otherwise qualified and eligible to receive an award. 24. Bidders may request withdrawal of a sealed proposal prior to the bid opening time provided the request for withdrawal is submitted to the City Purchasing Agent in writing. 25. Changes in Specifications or Interpretations: If it becomes necessary for the City to revise any part of this bid,a written addendum will be provided to all bidders. The City is not bound by and all bidders shall not rely upon any oral representations, clarifications, or changed made in the provided written specifications by City employees, unless such clarification or change is provided to bidders in written addendum form from the City Purchasing Agent. 26. Collusion: Any evidence of agreement or collusion among bidders and prospective bidders acting to restrain freedom of competition by agreement to bid a fixed price, or otherwise, will render the bids of such bidders' void. 27. All pages of this document packet, taken together comprise the Bid. Omission of or failure to complete or return any portion of the required document,at the time of bid opening, may be cause to reject he entire bid. 28. The City of Midlothian, as a governmental agency of the State of Texas,may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the bidder to obtain a comparable contract in the state in which the nonresident principal place of business is located. (Government Code, section 2242.002) Bidder shall make answer to the following questions by encircling the appropriate response or completing the blank provided. 1.) Is your principle place of business in the State of Texas? YES NO x 2.) If the answer to question(1) is"yes",no further information is necessary; if"no"please indicate: a.) In which state is your principle place of business located? Ohio b.) Does that state favor resident bidders (bidders in your state) by some dollar increment or percentage? YES NO x c.) If yes, what is that dollar increment or percentage? The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principle Place of Business means, for any type of business entity recognized in the State of Texas, that the business entity; Has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and has at least one employee who works in the Texas office. 29. Award: Unless stipulated in these bid specifications, the contract will be awarded to the lowest responsible bidder or to the bidder who provides the goods or services specified herein at the best value for the City. 30. Preference: Will be given to the vendor who is able to provide the most supplies/materials, at the most economical price. 31. Split Award:The City of Midlothian reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. The vendor who is able to provide a large majority of items will be looked upon favorably. 32. No Prohibited Interest: Bidder acknowledges and represent that they are aware of the laws, City Charter, and City Code of Conduct regarding conflicts of interest. The City Charter states that"No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, to the extent prohibited by state law, or shall be financially interested,directly or indirectly, in the sale to the City of any land,materials, supplies,or service,where such financial interest is prohibited by state law. 33. Cooperative Purchasing: The City of Midlothian actively participates in cooperative purchasing opportunities. If it is determined to be in the best interest,the City reserves the right to reject any and all bids and purchase the services and/or goods through cooperative means. 34. Inter-Local Agreement: Successful bidder agrees to extend prices to all entities that have entered into or will enter into joint purchasing interlocal cooperation agreements with cooperative purchasing agreements with the City of Midlothian. The City of Midlothian is a participating member of several interlocal cooperative purchasing agreements. As such, the City of Midlothian has executed interlocal agreements, as permitted under Chapter 791 of the Texas Government Code,with certain other political subdivision, authorizing participation in a cooperative purchasing program. The successful vendor may be asked to provide products/services based on the bid price to any other participant. The city of Midlothian shall not be held responsible for any orders placed, deliveries made, or payment for materials ordered by these entities. 35. Termination for Default: The City of Midlothian reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to: a) Meet delivery schedules b) Perform in accordance with these specifications and/or c) Transfers,assigns or conveys any or all of its obligations or duties to another. d) Breach of contract or default authorizes the City to, among other things, award to another bidder, or purchases elsewhere. e) THE CITY OF MIDLOTHIAN RESERVES THE RIGHT TO ACCEPT OR REJECT IN PART OR IN WHOLE ANY BID SUBMITTED, AND TO WAIVE ANY TECHNICALITIES DEEMED TO BE IN THE BEST INTEREST OF THE CITY. THE UNDERSIGNED HERBY CERTIFIES THAT HE/SHE UNDERSTANDS THE SPECIFICATIONS, HAS READ THE DOUCMENT IN ITS ENTIRETY AND THAT THE BID PRICES CONTAINED IN THE BID HAVE BEEN CAREFULLY REVIEWED AND ARE SUBMITTED AS CORRECT AND FINAL. BIDDER FURTHER CERTIFIES AND AGREES TO FURNISH ANY OR ALL PRODUCT/SERVICES UPON WHICH PRICES ARE EXTENDED AT THE PRICE OFFERED, AND UPON CONDITIONS CONTAINED IN THE SPECIFICATIONS FO THE INVITATION FOR BID. Bidders who are able to provide the following services will be looked favorably upon. I. Vendor is able to provide and support a web-based inventory management system (Operative IQ)preferred to assist in the management of supplies and assets at an agreed upon cost. Vendor shall provide all licensing, on- site technical support, inclusive of training, in-servicing, report writing, refresher courses, and delivery training, to any and all personnel deemed necessary to ensure that the inventory management system is completed upon being awarded the bid. Vendor shall assist, in an on-going basis,with entering all equipment and supply data, report writing,and creating of checklists into the system for maximum functionality. Yes x No— 2. Is vendor an authorized distributor of controlled access pharmaceutical dispensers and lockers (UCaplt) manufactured by the U-Select-It-Corporation or a comparable device? Yes x No 3. Vendor offers in-house kitting facilities,and is able to offer both standardized,and custom kitting solutions? Yes x No 4. Is vendor able to provide high-quality, lower-cost, private label product alternatives? Yes x No 5. During an emergency (natural or man-made)situation, is the vendor able to provide a comprehensive disaster response program, and are you able to supply requested merchandise within a thirty-six(36)hour time frame, twenty-four(24)hours a day,seven(7)days a week? Yes x No Provide a copy of this program if available. REFERENCES Each Offeror is to provide a mininnim of three(3)verifiable references in which the offeror has sold, maintained or provided this or similar product or service. Company Name: Medstar Ambulance Address: 2900 Alta Mere Drive,Fort Worth, Texas 76116 Contact Person: Shaun Curtis,Logistics Manager Telephone: ( 817 )923-3700 Email: scurtis(a7medstar911.org Product Purchased by Reference: Supplies and,pharmaceuticals Company Name: City of Columbus Fire Department Address: 2028 Williams Road, Columbus, Ohio 43207 Contact Person: Rick Meadows Telephone: ( 614 ) 221-3132 Email: Product Purchased by Reference: Supplies and pharmaceuticals Company Name: New Orleans EMS Address: 1300 Perdido Street, Ste 4W07,New Orleans,LA 70112 Contact Person: Carl Flores,Director of Logistics Telephone: ( 504 )658-1552 Email: cflores@cityofno.com cityofno.com Product Purchased by Reference: Supplies and pharmaceuticals SUPPLIER INFORMATION FORM COMPANY'S FULL BUSINESS NAME: Bound Tree Medical LLC PHN'SICAL ADDRESS: 5000 Tuttle Crossing Blvd Dublin,Ohio 43016 PHONEY: 800,533.0523 FAX#: 877.311.2437 CONTACT PERSON: Greg Wolf Account Manager PHONE#: 817.658.4168 REMITTANCE ADDRESS: $ and Tree Medical.LL 23537 Network Place Chicago,IL 60673-1235 1-800-533-0523 PHONE#: 800,533,0523 FAX#: 877,311,2437 CONTACT PERSON: PHONE#: PAYMENT TERMS DISCOUNT: 0 Net/30 C011PANY TAX ID#: 31-1739487 ATTACHMENT 3 10 Life-Assist C�� F ��UK�LOTU��JN NOVEK4BER20, 202O CITY OFM|DLDTH|AN RE: BID #2O2O-28— EMS FIRE DEPT. MEDICAL SUPPLIES Life-Assist is pleased to present our proposal to the City of Midlothian in response to Bid Number: 2020-28 EMS Five Dept. Medical Supplies. Please review the following proposal for Life-Assists competitive bid pricing. We want to emphasize our commitment to the City of Midlothian to provide the most complete offering of products and services. AdditymnaUIy, vve o-ffera 2% credit -for any inter4ocall department purchases on the City (:)f Mid1lmthiam contract. The proposal includes the following: * Bid Specifications @ Signed Documents p Proposal Pricing Sheet: 2{2O-28 List ofSupplies * Life-Assist Experience& Expertise o About Life-Assist o Dedicated Midlothian Support Team m Business Reviews o Customer Experience Information � Ordering Information, Delivery& Distribution, RUSH Orders, Disaster Support Program, Returns,Warranty, Escalation/De-Escalation, References, Pharmaceuticals,and Compliance ~ Added Value Offering o 296 credit on Inter-Local Purchases o Additional Discount off Catalog/Web Pricing o TeropuuALS, BID |(}Power Drill, Lifeline ARM * Inventory Management Solutions ° Alternate Item Documentation We thank you for allowing Life-Assist the opportunity to provide all your EMS aupply needy. If You require additional information, our contact information is below. GERAL0RAWREZ BRETTARC0ER CHERkSEAKERS Account Manager Director ofSales Contracts Manager 682.465.3710 816.830.9334 800.824.6016 Bidder Must Fill In& Sign Name of Firm,Company . Midlothian i Chris Nelson "Si Southern tar Agent's Name Contracts Assistant Manager Agent's Title BID TITLE: EMS FIRE,DEPT.MEDICAL SUPPLIES 11277 Sunrise Park Drive BID NUMBER: 2020-28 PRE-BID MEETING: N/A Mailing Address BID OPENING DATE: Rancho Cordova CA. 95742 Wednesday,November 18,2020 @ 11:00 AM City State Zip LATE BIDS WILL NOT BE CONSIDERED. 800-824-6016 Telephone BIDDER AGREES TO COMPLY WITH ALL CONDITIONS BELOW, 800-290-9794 ATTACHED SPECIFICATIONS, AND NOTES. BIDDER HAS READ Fax No. AND AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS 800-290-9794 OF INVITATION TO BID. PURCHASES MADE FOR CITY USE ARE Email address: EXEMPT FROM THE STATE SALES TAX AND FEDERAL EXCISE TAX. DO NOT INCLUDE TAXES IN YOUR BID. BIDDER quotes cz life..-allssist.com GUARANTEES PRODUCT OFFERED SHALL MEET OR EXCEED C�s 2ld /1/D rL MINIMUM SPECIFICATION IDENTIFIED IN THIS INVITATION T'O BID. AUTHORIZED SIGNATURE e All participating cities will provide a list of authorized persons and authorized delivery destinations. The City of Midlothian is desirous of the following. Please specify if your firm can provide the following. YES NO (1)Ability to order from a template over the internet? X (2) Secure on-line ordering? X (3)Vendors web site offers real-time indicators of product availability. X (4)Local sales representation within '100 miles? X (5) Sales representative has an EMS background, clinical experience, and familiarity with pre-hospital medicine? X (6) Sales representative is able to provide training for products offered? X (7) Sales representative must be available for routine visits? X (8)Ability to requisition to a central purchaser via internet? X (9)Ability to track product usage and cost for each requisitioning agency? X (10)Ability to ship to multiple delivery destinations? X (11)Ability to deliver within 48 hours with no additional charges? X (12)Ability to track up to 24 months of purchase history (monthly)? X (13) Can additional cities purchase"off'this contract? X (14)Ability to produce quarterly consumption reports? X (15)Local warehouse(within 50 miles of Midlothian)? X ('1.6)Ability to pick up ordered supplies at a regional warehouse? X (17)Multiple distribution centers through the country? X (18)Please include your RUSH Order policy in your bid. _See Tab 3 (19)Escalation/De-Escalation price consideration would be requested on a_See Tab 3 basis only. Winning Vendor: Must provide one(1)yearly product review meeting. Meeting location and date will be decided upon. between the City of Midlothian and the winning vendor. BID SHEETS FOUND FOLLOWING SCOPE OF WORK "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the firm,corporation,partnership,or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of the State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws,nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business." TERMS AND CONDITIONS 1. The City of Midlothian will accept sealed bids Monday through Friday,8:00 a.m.—5:00 p.m.Bids mist be received before the specified hour and date of the opening. Bids will be publiely opened and read aloud. 2. All scaled bids should be submitted on the original forms provided with one(1)duplicate and one(1)electronic copy. No email copies will be accepted. Each bid mist be sealed and should be placed in a properly identified envelope with bid number,time and date of bid opening. 3. Late bids will be UNOPENED. Late bids will not be considered under any circumstances. 4. Bids CANNOT be altered or amended after opening time. Any alterations made before opening time must be initialed by bidder or his authorized agent. No bid may be withdrawn after opening without approval,and based on a written acceptable reason. 5. The City of Midlothian reserves the right to revise or amend the specifications prior to date set for opening bids. Such revisions or amendments, if any, will be announced by amendments or addendum to these specifications. Copies of such amendments or addendum so issued will be furnished to all prospective bidders by City website. If bidder demonstrates just reason for a change,the City of Midlothian must have at least five working days'notice prior to bid opening date. 6. Should bidder find discrepancies in or omissions from the specifications or other documents or be in doubt as to their meaning,bidder should at once notify the Purchasing Department and obtain clarification prior to submitting a bid. 7. QUOTE F.O.B. destination. Price should include all costs including shipping, handling, and other related costs. Bid unit price on quantity specified—extend and show total. In case of errors in extension,UNIT prices shall govern. Bids subject to unlimited price increases will not be considered. 8. Bid offered shall be valid for ninety(90)days from opening date. 9. The City of Midlothian is exempt from taxes. DO NOT INCLUDE TAX IN BID. 10. The City of Midlothian reserves the right to terminate this contract for any reason by notifying the Contractor/Supplier in writing thirty(30) days prior to the termination of this agreement. 11. Bidder MUST give full firm name and address. Person signing bid should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. Authorized signature should appear on each page of the bid,in the space provided. 12. Any catalog,brand name or manufacturer's reference used in bid invitation is descriptive—NOT restrictive—it is to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than reference specifications, bidder must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete description should be made part of the bid. If bidder takes no exceptions to specifications or reference data,he will be required to furnish brand names, numbers, etc., as specified. All items bid shall be new, in first class condition and manufacturer's latest model and design including containers suitable for shipment and storage, unless otherwise indicated in bid invitation. Verbal agreements to the contrary will not be recognized. 13. If the brochure or information included with your bid does not exactly describe the item to be furnished, then notes in the attached form, "EXCEPTIONS TO BIDDER'S PROPOSAL,"must explain the difference. Comments in this form signify that your proposal takes exception to the stated specifications. Exceptions taken may be just cause to disqualify bid. 14. NO substitutions or cancellations permitted without written approval of the City of Midlothian. 15. All bidders most meet or exceed the minimum specifications to be considered as a valid bid. The City of Midlothian reserves the right to accept or reject all or any part of any bid,waive minor technicalities and award the bid either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Midlothian.The City reserves the right to select one contractor or to split by North and South regions to two contractors. 16. DELIVERY: Specifications indicate number of days required to place material in receiving department designated location under normal conditions. A difference in delivery promise may break a tie bid. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. Delivery shall be made during normal working hours only,8:00 a.m.to 5:00 p.m.unless prior approval for late delivery has been obtained. 17. Consistent and continued tie bidding could cause rejection of bids by the City of Midlothian and/or investigation for Anti-Trust violations. 18. If a bid contains proprietary information,the Bidder must declare such information as proprietary if Bidder does not want information to become public. 19. The Contractor/Supplier agrees to protect the City of Midlothian from claims involving infringement of patents or copyrights. 20. Purchase order number should be on original invoice and invoice sent to the City of Midlothian, 104 W Avenue E,Midlothian,TX 76065;Attn: Accounts Payable. 21. The City of Midlothian shall pay for the product/service within thirty(30)days of receipt and acceptance. Acceptance by the City of Midlothian shall constitute all items bid being received and in good working order to the City of Midlothian's satisfaction. EMS FIRE DEPT. MEDICAL SUPPLIES BID NUMBER: 2020-28 SPECIFICATIONS (MINIMUM): SCOPE: The City of Midlothian seeks competitive bids for Medical Supplies for the City of Midlothian Fire Department. REQUIREMENTS: Any variance in any item(s) must be specified clearly under the Exceptions to Bidder's Proposal by Bidder in order to have a valid bid. Any exceptions taken may be just cause for disqualification. All unit pricing shall be specified on the attached pricing sheets. Bidder shall indicate Grand Total pricing on Invitation to Bid for attached line items,if applicable. GENERAL CONDITIONS: Sections must be filled out completely. The bid shall be awarded in whole or in part to the vendor(s)who provide(s)goods or services at the best value for the City. QUANTITIES: Proposed quantities are and may be subject to additions and/or deletions. The quantities listed in the bid schedule will be considered an approximate and will be used for the comparison of bids. The City of Midlothian reserves the right to increase or decrease quantities for any item dependent on available funding during the entire term of this contract. ACCEPTANCE AND NONCONFORMING STANDARDS: All deliveries shall be accepted subject to inspection, count, and/or testing. A waiver on one occasion does not constitute a waiver on future occasions. EVALUATION CRITERIA: Award of contract does not obligate the Buyer to order or accept more than Buyer's actual requirements during the period of this agreement, as determined by actual needs and availability of appropriated funds. Contract may be awarded to the bidder or bidders who provides goods or services at the best value for the City of Midlothian. The City of Midlothian reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interest of the City of Midlothian. AUDIT: Supplier shall provide the City of Midlothian a line item report of quantities and expenditures at any time during the term of this contract for materials, commodities, or services rendered as requested by the Purchasing Department. NON-FUNDING CLAUSE: The City of Midlothian's budget is funded on an October I"to September 30`''fiscal year basis. Accordingly,the City of Midlothian reserves the right to terminate this contract by giving Bidder thirty (30) days written notice, without liability to the City, in the event that funding for this contract is discontinued or is no longer available. TERM OF CONTRACT AND OPTION TO EXTEND: The contract shall be for an initial term of two (2) years beginning upon City Council approval or the assigned effective date. Three (1), one-year renewal periods will be available if both parties agree to contract renewal. Contract rates can be adjusted upward or downward as outlined in the Escalation/De-Escalation Clause of the bid. CONTRACT TERMINATION: The City of Midlothian reserves the right to terminate this contract for any reason by notifying the contractor in writing thirty(30)days prior to the termination of this agreement. INSURANCE AND BONDS: The Contractor is responsible for meeting the following minimum limits of insurance and bond coverage,or as outlined in the Scope of Work: Contractor shall maintain, at his sole cost, at all times while performing work hereunder, the insurance and bond coverage set forth below with companies satisfactory to the Owner with full policy limits applying, but not less than stated. BIDDER SHALL INCLUDE CERTIFICATE OF INSURANCE WITH THE INVITATION TO BID, OR PRIOR TO AWARD OF BID. BIDDER OR BIDDER'S INSURANCE AGENT SHALL INCLUDE BID NUMBER AND DESCRIPTION OF BID ON THE CERTIFICATE OF INSURANCE. THE COMPANIES AFFORDING COVERAGE AND THE PRODUCER OF THE CERTIFICATE OF INSURANCE SHALL BE LICENSED WITH THE STATE BOARD OF INSURANCE TO DO BUSINESS IN THE STATE OF TEXAS. (a) Workman's Compensation Insurance as required by laws and regulations applicable to and covering employees of Contract engaged in the performance of the work under this agreement; (b) Employers Liability Insurance protecting contractor against common law liability, in the absence of statutory liability, for employee bodily injury arising out of the master-servant relationship with a limit of not less than$500,000. (b) Comprehensive General Liability Insurance including products/completed operation with limits of liability of not less than: Bodily Injury $1,000,000 per each person, $1,000,000 per each occurrence/aggregate; Property Damage$1,000,000 per each occurrence; (c) Excess Liability Insurance, Comprehensive general Liability, Comprehensive Automobile Liability and coverages afforded by the policies above, with the minimum limits of $1,000,000 excess of specified limits. INDEMNITY AGREEMENT: THE CONTRACTOR HEREBY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR LOSS OF USE OR REVENUE, OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ACTUAL OR ALLEGED MALFUNCTION, DESIGN OR WORKMANSHIP IN THE MANUFACTURE OF EQUIPMENT, THE FULFILLMENT OF CONTRACT, OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES UNDER THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN PART FROM (1) THE JOINT NEGLIGENCE OF THE CITY AND THE CONTRACTOR, AND/OR THEIR RESPECTIVE OFFICERS, AGENTS AND/OR EMPLOYEES OR (I1) THE SOLE NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCE OF(1) THE CITY'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE WITH THAT OF THE CONTRACTOR OF THE INJURY, DEATH OR DAMAGE AND/OR (II) THE CONTRACTOR'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE CAUSE OF THE INJURY, DEATH, OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM,LOSS,DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE IN INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE CONTRACTOR AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED FOR HEREIN SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. (REVISED 9-15- 04) COMPLIANCE WITH LAWS: Bidder shall comply with all Federal and State laws and City Ordinances and Codes applicable to the Bidder's operation under this contract. These Specifications and the contract resulting here from shall be fully governed by the laws of the State of Texas, and shall be fully performable in Ellis County, Texas, where venue for any proceeding arising hereunder will lie. SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of specifications shall be made on the basis of this statement. ETHICS ACKNOWLEDGEMENT Any vendor or contractor entering into this contract or agreement with the City of Midlothian, Texas expressly acknowledges that it has familiarized itself with the provisions of Section 2-34(i) of the Code of Ordinances of the City of Midlothian which provides, among other things, that if within two years after the commencement of this contract or agreement the vendor or contractor hires a city official, former city official, appointed city officer, former appointed city officer, appointed city executive employee, or former appointed city executive employee or a city employee who, while acting in such capacity, had substantial and personal involvement with the negotiation of this contract or agreement,then this contract or agreement shall, at the option of the City Manager, be cancelled and/or the vendor or contractor shall be barred from additional contracting with the City of Midlothian for a period of three years. ASSIGNMENT: The successful bidder may not assign, sell or otherwise transfer this contract without prior written consent of the City Council of the City of Midlothian. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. CERTIFICATE OF INTERESTED PARTIES: In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code and applies to all contracts entered into on or after January 1, 2016. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies to all contracts/purchases of a governmental entity that require an action or vote by the governing body of the entity. With regards to City of Midlothian purchases, a vendor that is awarded a contract or purchase that is greater than $50,000 is required to electronically create a Form 1295 through the Texas Ethics Commission website (littps://-*vww.e:tliies.state.tx.us/witatsne:w/elf info fortn12 .htin) and submit a signed and notarized copy of the form to the City. A contract,including City-issued purchase order, will not be enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form 1295 from the awarded vendor. RIGHT OF ASSURANCE: Whenever one (1) party to this contract in good faith has reason to question the other party's intent to perform,he may demand that the other party give a written assurance of this intent to perform. In the event that demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of this contract. BID DELIVERY: The City of Midlothian Purchasing Department shall accept sealed bids Monday through Friday, 8:00 a.m. - 5:00 p.m. Bids must be received by the Purchasing Department before the specified hour and date of the opening. Each bid must be sealed and should be placed in a properly identified envelope with bid number, time and date of bid opening. EMS FIRE DEPARTMENT MEDICAL SUPPLIES BID 2020-28 SPECIFICATIONS INTENT It is the intention of these specifications that the successful vendor shall furnish the City of Midlothian, Texas, with medical supplies covered by the Bid Specification which the City may require during the period of time specified. The products included in this bid represent many of the products ordered most frequently by the City and are listed for bid evaluation purposes only. Actual usage and quantities will vary and ordering will be based on actual requirements. The City of Midlothian has interlocal agreements with other cities for the purchase of supplies and it is believed that these cities will wish to join and have expressed such interest. MEDICAL SUPPLIES REQUIREMENTS/EXPECTATIONS The items included on the medical supplies' requirement sheet represent many of the products ordered most frequently by the City and are listed for bid evaluation purposes. The City also desires to purchase from the successful bidder other medical supplies not listed on the requirement sheet. Bid award may be made in whole or part as deemed most advantageous to the City of Midlothian. The contract awarded to the successful bidder shall be for a period of(2) years. The City of Midlothian reserves the right to renew this contract for (3) additional one-year periods under the same terms, condition and should the City so desire and the current vendor agree. At the end of the two-year obligation, if the City and successful vendor wish to renew, the vendor shall submit a letter addressed to, City of Midlothian, Purchasing, 104 W. Ave E,Midlothian TX 76065. A). 75 days in advance of contract termination a bona-fide manufacturer's documents directed to the City of Midlothian Purchasing Agent, of price listing (itemized) reflecting the anticipated changes (both increases and decreases) in prices, if any. Increase for the extension shall be limited to the actual cost increases to the current vendor and must be the guidelines outlined in the contract. Product acceptability will be at the sole discretion of the City of Midlothian. Any product delivered which does not meet the City's specifications, or otherwise found to be defective, will be returned at the vendor's expense for replacement or credit. All products shall be of condition and quality "TO MEET ACCEPTABLE STANDARDS OF CARE". Any reference to requirements in the specifications that are brand or process specific is purely for the establishment of intended quality expectations and is not to be considered a disqualifying standard. The successful bidder shall make delivery of ordered supplies within 48 hours of the time the order is placed. Delivery must be made during normal working hours, Monday through Friday, 8:00 a.m. to 5 p.m. F.O.B. Destination: City of Midlothian has specified delivery locations. All unit and extensions shall include freight and other delivery charges. No med shall be shipped with an expiration date that is less than one year from the month the med was shipped. There are no minimum purchase amounts for an order and no service charges/delivery will be applied. Failure to deliver as required will result in the purchase of said order from the next highest bidder. Delivery tickets must accompany each delivery. Invoices must be legibly prepared showing the full description and price of items(s) delivered. EMS FIRE DEPARTMENT MEDICAL SUPPLIES BID 2020-28 CONDTIONS OF BIDDING (Full compliance with the following conditions is necessary for consideration of this bid) 1. Signature: This bid must be signed by a company representative authorized to bind the offer contractually. 2. Unit Prices and Extensions: If there is a difference between unit price and their extension, the unit price will govern. 3. Freight and Other Delivery Charges: All bids will be F.O.B. delivery address, freight prepaid. Charges will not be added after the bid is opened. The City of Midlothian assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. 4. Acceptance: The materials and/or services delivered under this bid/quote shall remain the property of the seller until a physical inspection and actual usage of these materials and/or services supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return such product to the seller at the seller's expense. 5. Discount: Show rate, total amount, and latest day any discount will be allowed after receipt of article and correct invoice(per conditions of contract). 6. Payment: net 30 days from acceptance of goods/services, receipt of original vendor invoice, and/or all other required documents required in the detailed specification of this bid/quote. 7. Escalation/De-Escalation. The bid will be awarded with escalation/de-escalation pricing, in which the vendor is required to give a 30-day written notice before price increases. Requested increases must be a factor beyond the control of the bidder. The increase shall not exceed the percentage increase passed on by the manufacturer, and proof of need for increase must be documented by manufacture's letter and forwarded to the Purchasing Agent. Any increase must be approved by the using department and the Purchasing Division before acceptance. Price adjustments scheduled and alloived as agreed upon in RFP only. Any contract awarded ivith an escalation clause shall be subject to de-escalation in the event of cost reduction. 8. Federal or State Taxes: The city is exempt from taxes by Federal Excise Registration #A-312726 and State Permit#75-6000-609. 9. Guarantees and Warranties: Must be attached to the bid and may be considered in awarding the bid. Seller shall guarantee and warrant that the equipment or product offered will meet or exceed specification identified in the bid invitation and are suitable for and will perform in accordance with their intended purpose. The seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specification,the Seller shall upon written request from the City, promptly remove such equipment or product without further expense to the City at the City's request,the Vendor will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 10. Delivery or Contract Completion Time: Must be shown, as the date may, where time is of the essence, determines the contract award. Failure to state delivery time may cause bid to be rejected. Successful bidder shall notify the Purchasing Department immediately if delivery schedule cannot be met. If delay is foreseen, successful bidder shall give written notice to the Purchasing Agent and EMS Chief. The City of Midlothian has the right to extend delivery time if reason appears valid. In the event delivery is not made within the stated time period (without acceptable reason for delay and written consent from the City, the City reserves the right to place the order with the next available vendor and the successful bidder shall be liable for any increase in price as liquidated damages, if being agreed that said sum is a fair and reasonable estimate of actual damages the City will incur. Bidder will not be held liable for failure to make delivery because of strikes, conscriptions of property, governmental regulations, acts of God, or any other causes beyond its control; provided and extension of time is obtained from the Purchasing Department or EMS Chief. 11. Bid Closing&Bid Preparation: Sealed bids received after the bid opening date and time will not be considered. It will be the SOLE RESPONSIBILITY of bidders to ensure bids are in the possession of the City of Midlothian Purchasing Department by the appointed date and time. The City will not be responsible for bids which are mismarked, delivered to the wrong place, or delayed in delivery. Electronic and Facsimile transmitted bids will not be accepted in the bid process. Each bid must be submitted in a sealed envelope bearing on the outside the name of the Bidder, his address, the name of the bid title, and bid number if any. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form and as above. 12. Item Bid: Each bidder shall describe (per specification requirements) each item bid as to Manufacture, Brand Name, Model, etc. Items shall be NEW unless stated otherwise in the City's specification. Any reference to model and/or make/manufacture used in bid specification is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on like quality will be considered. 13. Samples: Samples of items, when required, must be furnished free, and, if not called for within 30 days from date of bid opening,will be disposed of by the City. 14. Alternates: Must clearly state "ALTERNATE: and shown on the bid form with complete information attached. Alternate bids may or may not be considered in the bid process in the sole discretion of the City of Midlothian. 15. Exception/Substitutions: All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to the specifications, or offering considered for award. Bidders taking exception to the specification, or offering substitutions, shall state exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and City shall hold the bidder responsible to perform in strict accordance with the specification of the invitation. 16. Pharmaceutical Requirements: a) Vendor must be licensed with the Drug Enforcement Administration to sell and distribute Schedule II, Schedule III, and Schedule IV controlled substances. b) Vendor must be able to provide the Drug Enforcement Administration's electronic Controlled Substances ordering System (CSOS). c) Vendor must be in, and remain in compliance with the Drug Supply Chain Security Act and the Prescription Drug Marketing Act. Vendor must provide transaction reports with each shipment of pharmaceuticals. 17. Ambiguity in Bids: Any ambiguity in any bid as the result of omission, error, lack of clarity, or non-compliance by the bidder with specification instruction, and all condition of bidding shall be construed in the light most favorable to the City. 18. Changes of Additions: No Changes or additions will be allowed after bid opening. Changes or addition submitted prior to bid opening must be in accordance with paragraph 11 above. 19. Funding: Funds for payment have been provided through the requesting entity. The State of Texas statues prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. 20. Trade Secrets Confidential information and the Texas Public Information Act: If you consider any portion of your bid to be privileged or confidential by statue or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. The City of Midlothian will honor your notation of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as privileged or confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged or confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. Marking your entire bid CONFIDENTIAL/PROPRIETARY will not necessarily make it, or any part thereof, exempt from the public disclosure requirement of the Texas Public Information Act. 21. HUBS: The City of Midlothian hereby notifies all bidders that in regard to any contract entered into pursuant to the invitation to Bid: Historically Underutilized Businesses (NUB'S) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. HUB(s) are defined as certified businesses that are at least 51% owned, operated, and controlled by qualifying groups which include: Asian Pacific Americans, Black-Americans, Hispanic Americans,Native Americans, and women. 22. Any contract made, or purchase order issued, as a result of this invitation to Bid, shall be governed under the laws of the State of Texas with performance and venue to be in Ellis County, Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State,And Local laws,regulation, and executive orders to the extent that the same may be applicable. 23. Minimum Standards for Responsible Prospective Bidders: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: a) Have adequate financial resources required, or the ability to obtain such resources as required; b) Be able to comply with the required or proposed delivery schedule; c) Have a satisfactory record of performance; d) Have a satisfactory record of integrity and ethics; e) Be otherwise qualified and eligible to receive an award. 24. Bidders may request withdrawal of a sealed proposal prior to the bid opening time provided the request for withdrawal is submitted to the City Purchasing Agent in writing. 25. Changes in Specifications or Interpretations: If it becomes necessary for the City to revise any part of this bid, a written addendum will be provided to all bidders. The City is not bound by and all bidders shall not rely upon any oral representations, clarifications, or changed made in the provided written specifications by City employees, unless such clarification or change is provided to bidders in written addendum form from the City Purchasing Agent. 26. Collusion: Any evidence of agreement or collusion among bidders and prospective bidders acting to restrain freedom of competition by agreement to bid a fixed price, or otherwise, will render the bids of such bidders' void. 27. All pages of this document packet, taken together comprise the Bid. Omission of or failure to complete or return any portion of the required document,at the time of bid opening, may be cause to reject he entire bid. 28. The City of Midlothian, as a governmental agency of the State of Texas,may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the bidder to obtain a comparable contract in the state in which the nonresident principal place of business is located. (Government Code, section 2242.002) Bidder shall make answer to the following questions by encircling the appropriate response or completing the blank provided. 1.) Is your principle place of business in the State of Texas? YES NO X 2.) If the answer to question (1) is"yes", no further information is necessary; if"no"please indicate: a.) In which state is your principle place of business located? California b.) Does that state favor resident bidders (bidders in your state) by some dollar increment or percentage? YES NO X c.) If yes,what is that dollar increment or percentage? The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principle Place of Business means, for any type of business entity recognized in the State of Texas, that the business entity; Has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and has at least one employee who works in the Texas office. 29. Award: Unless stipulated in these bid specifications, the contract will be awarded to the lowest responsible bidder or to the bidder who provides the goods or services specified herein at the best value for the City. 30. Preference: Will be given to the vendor who is able to provide the most supplieshnaterials, at the most economical price. 31. Split Award: The City of Midlothian reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. The vendor who is able to provide a large majority of items will be looked upon favorably. 32. No Prohibited Interest: Bidder acknowledges and represent that they are aware of the laws, City Charter, and City Code of Conduct regarding conflicts of interest. The City Charter states that "No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, to the extent prohibited by state law, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or service,where such financial interest is prohibited by state law. 33. Cooperative Purchasing: The City of Midlothian actively participates in cooperative purchasing opportunities. If it is determined to be in the best interest,the City reserves the right to reject any and all bids and purchase the services and/or goods through cooperative means. 34. Inter-Local Agreement: Successful bidder agrees to extend prices to all entities that have entered into or will enter into joint purchasing interlocal cooperation agreements with cooperative purchasing agreements with the City of Midlothian. The City of Midlothian is a participating member of several interlocal cooperative purchasing agreements. As such,the City of Midlothian has executed interlocal agreements, as permitted under Chapter 791 of the Texas Government Code,with certain other political subdivision, authorizing participation in a cooperative purchasing program. The successful vendor may be asked to provide products/services based on the bid price to any other participant. The city of Midlothian shall not be held responsible for any orders placed, deliveries made, or payment for materials ordered by these entities. 35. Termination for Default: The City of Midlothian reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to: a) Meet delivery schedules b) Perform in accordance with these specifications and/or c) Transfers, assigns or conveys any or all of its obligations or duties to another. d) Breach of contract or default authorizes the City to, among other things, award to another bidder, or purchases elsewhere. e) THE CITY OF MIDLOTHIAN RESERVES THE RIGHT TO ACCEPT OR REJECT IN PART OR IN WHOLE ANY BID SUBMITTED, AND TO WAIVE ANY TECI-INICALITIES DEEMED TO BE IN THE BEST INTEREST OF THE CITY. THE UNDERSIGNED HERBY CERTIFIES THAT HE/SHE UNDERSTANDS THE SPECIFICATIONS, HAS READ THE DOUCMENT IN ITS ENTIRETY AND THAT THE BID PRICES CONTAINED IN THE BID HAVE BEEN CAREFULLY REVIEWED AND ARE SUBMITTED AS CORRECT AND FINAL. BIDDER FURTHER CERTIFIES AND AGREES TO FURNISH ANY OR ALL PRODUCT/SERVICES UPON WHICH PRICES ARE EXTENDED AT THE PRICE OFFERED, AND UPON CONDITIONS CONTAINED IN THE SPECIFICATIONS FO THE INVITATION FOR BID. Bidders who are able to provide the following services will be looked favorably upon. 1. Vendor is able to provide and support a web-based inventory management system (Operative IQ) preferred to assist in the management of supplies and assets at an agreed upon cost. Vendor shall provide all licensing, on- site technical support, inclusive of training, in-servicing, report writing, refresher courses, and delivery training, to any and all personnel deemed necessary to ensure that the inventory management system is completed upon being awarded the bid. Vendor shall assist, in an on-going basis,with entering all equipment and supply data,report writing, and creating of checklists into the system for maximum functionality. Yes X No 2. Is vendor an authorized distributor of controlled access pharmaceutical dispensers and lockers (UCaplt) manufactured by the U-Select-It-Corporation or a comparable device? Yes X No 3. Vendor offers in-house kitting facilities,and is able to offer both standardized, and custom kitting solutions? Yes X No 4. Is vendor able to provide high-quality, lower-cost,private label product alternatives? Yes X No 5. During an emergency (natural or man-made) situation, is the vendor able to provide a comprehensive disaster response program, and are you able to supply requested merchandise within a thirty-six (36) hour time frame, twenty-four(24)hours a day, seven(7)days a week? Yes X No Provide a copy of this program if available. REFERENCES Each Offeror is to provide a minimum of three (3)verifiable references in which the offeror has sold, maintained or provided this or similar product or service. Company Name: Houston Fire Department Address: 1205 Dart Street, Houston, TX. 77007 Contact Person: Yul Pierce Telephone: ( 713 ) 247-5083 Email: yul.pierce@houstontx.gov Product Purchased by Reference: Medical Supplies and Pharmaceuticals Company Name: City of Columbus Division of Fire Address: 4252 Groves Road, Columbus, OH. 43232 Contact Person: Scott Ellis Telephone: ( 614 ) 221-3132 ext. 75987 Email: seellis(-Oolumbus.gov Product Purchased by Reference: EMS Supplies and Pharmaceuticals Company Name: City of Tucson Address: 255 W Alameda, Tucson,AZ. 85726 Contact Person: Joe Gulotta Telephone: ( 520 ) 937-7017 Email: joe.gulotta@tucsonaz.gov Product Purchased by Reference: ALS Supplies and Inventory Mgmt. SUPPLIER INFORMATION FORM COMPANY'S FULL BUSINESS NAME: Life-Assist Inc. PHYSICAL ADDRESS: 11277 Sunrise Park Drive Rancho Cordova, CA. 95742 PHONE#: 800-824-6016 FAX#: 800-290-9794 CONTACT PERSON: Chris Nelson PHONE#: 800-824-6016 X 175 REMITTANCE ADDRESS: 11277 Sunrise Park Drive Rancho Cordova CA. 95742 PHONE#: 800-824-6016 FAX#: 800-290-9794 CONTACT PERSON: Chris Nelson PHONE#: 800-824-6016 X175 PAYMENT TERMS DISCOUNT: NET 30 DAYS COMPANY TAX ID#: 94-2440500 Adda ouMidlothian DFW's Southern Star Purchasing Division Cheryl Allison Purchasing Agent ADDENDUM #I, November 13, 2020 BID NO. 2020-28 EMS FIRE DEPT. MEDICAL SUPPLIES 1. ATTACHMENT A. Usage Spreadsheet B. Revised List of Items for RFP Spreadsheet 2. CLARIFICATION A. Will you consider price adjustments after the I st 12 months with documentation, during this time many of the manufacturers we are working with will not guarantee two-year pricing, and in fact are now changing pricing within less than a year. It has just become almost impossible to predict, so checking if this could be a consideration during these uncertain times. These terms should be outlined on page 2 item #19 of the bid. B. Also, during this time everyone is working remotely. Your bid requires signatures of our VP, will you allow an electronic signature? Yes C. Do you anticipate extending the bid due date? Not at this time. D. Was this bid posted to the nationwide free bid notification website at www.mygovwatch.com/free? No E. Other than your own website, where was this bid posted? The Midlothian News Mirror F. Could the City provide estimated annual usage/quantities for the items being requested in the bid? Attached is our usage report. This information is based on usage for Midlothian only and does not include usage by additional Cities which might utilize the cooperative agreement. G. If there are bid terms and conditions Vendor may not be able to agree to, will the City allow Vendor to include clarifications or exceptions as part of its bid submission? Clarifications and/or exceptions can be included as part of bid submission. The City will take these exceptions into consideration when determining the Best Value for the City. H. If there are insurance requirements that Vendor may not be able to agree to, will the City consider exceptions to insurance terms and conditions? Insurance exceptions can be included as part of bid submission. The City will take these exceptions into consideration when determining the Best Value for the City. I. Could you clarify the meaning of the last sentence in Section 7 on Page 9 (Conditions of Bidding,Escalation/De-Escalation)? "Any contract awarded with an escalation clause shall be subject to de-escalation in the event of cost reduction."Vendor requests for price adjustments will be evaluated based on cost increases and cost reductions in supplies that the vendor may have experienced. J. Can the City please provide vendors with the most recent bid tabulation for awarded pricing and Unit of Measure for the items in the current bid? The City of Midlothian has utilized another City's contract in the past and does not have a bid tabulation to provide. K. Bidder MUST give full firm name and address. Person signing bid should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. Authorized signature should appear on each page of the bid, in the space provided. I only find one place for signature on P2, and didn't find any other provided space for signatures. For this RFP, P2 is the only required signature page. L. Stated in RFP- "REQUIREMENTS: Any variance in any item(s) must be specified clearly under the Exceptions to Bidder's Proposal by Bidder in order to have a valid bid. Any exceptions taken may be just cause for disqualification. All unit pricing shall be specified on the attached pricing sheets. Bidder shall indicate Grand Total pricing on Invitation to Bid for attached line items, if applicable."Again,this talks about Exceptions to Bidder's Proposal which is not available. Also, I didn't find Total or Unit pricing column on the excel sheet. Where are we supposed to input pricing? The List of Items Spreadsheet has been amended and is attached. The only changes to the Spreadsheet where to include the word Price above the"Each", "per Box", & "per Case" columns to indicate where the pricing should be listed. There was a column included on this Spreadsheet for Vendors Comments to be utilized for exceptions. An additional area has been added to the bottom for Exceptions should it be necessary. M. Stated in RFP- "Signature: This bid must be signed by a company representative authorized to bind the offer contractually." Does it have to be signed in wet, or electronic/scanned signature also works? Electronic/Scanned Signature is fine. N. Need manufacturer item numbers for the items below marked as No Substitutions Nebulizer, AeroEclipse II BAN, W/O ELBOW, breath actuated, SM volume, w/mouthpiece, tubing Nebulizer, AcroEclipse I1 BAN,with ELBOW, breath actuated, SM volume,w/mouthpiece, tubing The only information we have been given is 64594050 AeroEclipse Face Mask 58-65750 ea. 0. Need to know if the Ohmeda and DISS fittings are male or female, manufacturer part#. Also, this item is repeated, line 69 and 423. Quick Connect Coupler, Oxygen, Ohmeda x DISS Hex Nut Quick Connect Coupler, Oxygen, Ohmeda x DISS Hex Nut This is male and not subject to a particular brand. P. Line number 122: Curaplex Stop the Bleed, Basic Kit Vacuum Sealed. This item is an exclusive item with no substitutions allowed. Please remove this item from the bid. An alternative can be presented, but the requested Stop the Bleed kit is what is currently used in the city. This would maintain conformity. Q. Line number 123: Curaplex TOCS: Tactical Occlusive Chest Seal, 6 in x 6 in; 2/PK This item is an exclusive item with no substitutions allowed. Please remove this item from the bid. No Substitutions was a typo. It says to the side or equivalent on the main line. R. Line number 141: Israeli Emergency Bandage, Green 8in. This item has been discontinued by the manufacturer and no substitutions allowed. Please remove this item from the bid. This can be substituted with the 6in. S. Line number 194: Personal Wipes, FireWipes, for Soot Removal, 8 in x 12 in Textured, Disposable 12/bx. Can you supply the manufacturer name and part number? No part number available: Contact# for Fire Wipes at: (844) 947-3483 T. Line number 271: Multi-Function Defib Pads, Physio-Control Adult/Child or equivalent. Can you supply the manufacturer part number? It does not say it has to be physio-control brand pads 326 5000units. A different part number can be provided. U. Line number 272: Multi-Function Defib Pads, Physio-Control Pediatric/Infant or equivalent. Can you supply the manufacturer part number? It does not say it has to be physio-control brand pads 326 5000units. A different part number can be provided. V. Line number 326: Heparin pre-mixed 250 or 500cc bag.Need the strength (how many units of heparin)? 5000 units W. Line number 403: Certa Dose PALS Syringe Holder Kit 1/KT 4KT/BX. Can you supply the manufacturer part number? For Certi-Dose line 403 see below. Due to the nature of this product, orders must be made through: Concordance Healthcare Solutions Purchasing www.coneordancehealtheare.com Item: 278950 Call 800-473-2332 to set up an account if you are not a current Concordance customer. Cardinal Health Purchasing www.orderexpress.eardinalhealth.com Item: 5513643 Call 800-926-3161 to set up an account if you are not a current Cardinal customer. Bound Tree Purchasing www.boundtree.com Item: 0001-05 Email contactcustomerservice@boundtree.com to set up an account if you are not a current Boundtree customer. McKesson Pharmaceutical www.connect.mckesson.com NDC # 71754-0001-05 Call 855-571-2100 to set up an account if you are not a current McKesson Pharmaceutical customer. X. Line number 432: Stop The Bleed Sticker Kit(10 Stickers/Kit). This item is an exclusive item. Please remove this item from the bid. Will not remove from the bid. An alternative can be presented. The Stop the Bleed goes with our city kits. ACKNOWLEDGING RECEIPT OF THIS ADDENDUM SHOULD BE SIGNED AND RETURNED WITH YOUR BID NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE Life-Assist Inc. Signature A446w, 11277 Sunrise Park Drive Name Chris Nelson Rancho Cordova CA. 95742 Title Contracts Assistant Manager Tel. No. 800-824-6016 AM ouMidlothisan DFW's Southern Star Purchasing Division Che7yl Allison Purchasing Agent ADDENDUM #2, November 13, 2020 BID NO. 2020-28 EMS FIRE DEPT. MEDICAL SUPPLIES 1. ANNOUNCEMENT OF CHANGE TO BID OPENING DATE A. The bid opening has been extended to Friday,November 20, 2020 at 11:00 AM. No other exceptions to the bid opening have been made. 2. REMINDER AS STATED IN RFP A. All sealed bids shall be submitted including one marked original, one (1) duplicate on the original forms and one (1) electronic copy clearly marked with bid number and description. Bids sent via courier must be sealed in a separate envelope inside of the mailer. Bids cannot be received by email at this time. B. All inquiries about this bid or specifications must be made to Cheryl Allison, Purchasing Agent at chei-yl.allison@midlothian.tx.us prior to Monday,November 16, 2020 at 11:00 AM. ACKNOWLEDGING RECEIPT OF THIS ADDENDUM SHOULD BE SIGNED AND RETURNED WITH YOUR BID NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE Life-Assist, Inc. SignatureCA�- AAMI-eAt, 11277 Sunrise Park Drive Name Chris Nelson Rancho Cordvoa, CA. 95742 Title Contracts Assistant Manager Tel. No. 800-824-6016 Ada 0 Idlothlan 01FW's Southern Star AGENDA ITEM 2020-454 AGENDA CAPTION: Consider and act upon a recommendation from Midlothian Economic Development to approve a Real Estate Purchase Option Agreement with Desert Willow Energy Storage, LLC for Lot 4 Block A of the Midlothian Business Park plat and immediate adjacent area. ITEM SUMMARY/BACKGROUND: Midlothian Economic Development ("MED") owns 34.319 acres southwest of Soap Creek, adjacent to VV Jones identified as Lot 4 Block A on the Midlothian Business Park plat. Of the 34.319 total acres, only approximately 12 acres is usable for future development because of floodplain and site features. The property has limited access from VV Jones, additional property is required to provide adequate access to Lot 4 Block A. The MED is working with the Andrews Barbara G Revocable Trust to acquire additional land that will be used for access to the site. Desert Willow Energy Storage, LLC ("DWE") seeks to acquire Lot 4 Block A, and some adjacent land from the Andrews Barbara G Revocable Trust from the MED through the proposed Real Estate Purchase Option Agreement (the "Agreement"). The property will be used for grid-scale battery storage. The process of developing this type of project is complex and may require significant time to complete. As such, DWE seeks a three-year option wherein DWE may close at any time. In consideration, the DWE will make option payments and will formalize the purchase at closing by paying market pricing. As part of this project, the MED will also facilitate easements needed to extend infrastructure improvements that will create additional future development opportunities within the City of Midlothian along VV Jones Road. SPECIAL CONSIDERATION: MED is a non-profit industrial development corporation duly established under the Development Corporation Act of 1979,as defined in Tex. Loc. Govt. Code Section 501.001 (the "Act"). The Act authorizes the MED to use its funds for projects related to the creation or retention of primary jobs. FINANCIAL IMPACT/FUNDING SOURCE: Lot 4 Block A is currently owned by the MED and would be sold at market pricing. As part of the sale, the MED would acquire adjacent land from the Andrews Barbara G Revocable Trust that would provide improved access to the site. No City of Midlothian General Funds will be used in connection with the Agreement. ATTACHMENTS: The MED Resolution and associated Agreement will be provided to Council prior to the consideration of this item. ALTERNATIVES: Approve, deny, amend or table. RECOMMENDATION: The MED Board of Directors will meet on December 8, 2020 at 4:00 p.m. to consider this item. The recommendation will be provided to the City Council prior to the consideration of this item. SUBNHTTED BY and TO BE PRESENTED BY: Kyle Kinateder, President/CEO of Midlothian Economic Development for the Tuesday, December 8, 2020 City Council Meeting REVIEWED BY: q�&4)�4 Mary McD6ald, Deputy City Secretary APPROVED BY: Chris Dick, City Manager City Secretary office -Official-Record Copy COOPERATIVE PURCHASING AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND CITY OF MIDLOTHIAN This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as "NRH", and the City of Midlothian, hereinafter referred to as "COM". Pursuant to the authority granted by Chapter 271 of the Texas Local Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and COM desire to enter into an Agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: I. NORTH RICHLAND HILLS 1. NRH shall be allowed to purchase goods and services from vendors who have been selected by COM through the competitive bidding process. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications and under the terms and conditions that have been agreed to by the parties. NRH shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. NRH shall give a 30-day written notification to all participating agencies of any change or cancellation of participation. 4. The Purchasing g g Agent shall be designated as the official representative to act for NRH in all matters relating to.this cooperative purchasing agreement. II. 1. COM shall be allowed to purchase goods and services from vendors.who have been selected by NRH through the competitive bidding process of NRH. COM will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications and under the terms and conditions that have been agreed to by the parties. COM shall be responsible for the Vendors (c W"o City Secretary Office 2 � Official Record Copy rexr` compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. COM shall give a 30-day written notification to a participating agency of any change or cancellation of participation. 4. Purchasing Manager shall be designated as the official representative to act for COM in all matters relating to this cooperative purchasing agreement. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RICHLAND HILLS CITY OF MIDLOTHIAN i BY: BY: City Manager TITLE City. Manager DATE: DATE: - l ATTEST: ATTEST: •:'tom T City Secretary `J _y;q ,�;��`'� TITLE: City S Icetary '%•ol"g1 A!!1111 APPROVED AS TO FORM: APP OVED AS TO FO M: Attorney for the City Attorney for the City o idlothian C' -T Y O� •,� N R H Council Action Date Approved - 0 -0 Agenda No. Ord/Res No. OAN,�� CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos,I-4 and 6 if there are interested parties, 7 OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and:country of the business entity's place Certificate Number: of business. 20201-699,GG4 lBound Tree Medical!,ILILC Dublin, OH United States Date Filed: Name of governmental entity or state agency That is a party to the contract for whic—ht—hie1ormis 1211512020 being filed, City of North Richland Hills Date Acknowledged: provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided Under the contract., 2020-2B EMS Medical Supplies 4 7 Nature ofinterest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. My name is Christi and my date of birth is 12/28/1984 My address is Dublin Ohio 43016 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in <an- n County, State of Ohio on the-15ILday of_QQ-q—eMbgr 2Q2_0_ (month) (year) Signature of aZith izer gent of contracting business entity larant) Forms provided by Texas Ethics Commission www-ethics.state.tx.usversion V1.1.cd34673b IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11, 2021 SUBJECT: Authorize payment to the City of Fort Worth for the annual public safety radio system services infrastructure in the amount of $174,240.00. PRESENTER: Raelyn Darnell, Emergency Management Coordinator SUMMARY: Consider authorization of payment to the City of Fort Worth in the amount of$174,240.00 for the annual public safety radio system services infrastructure. GENERAL DESCRIPTION: On May 11, 2009, the City Council authorized the City Manager to execute an updated agreement with the City of Fort Worth for radio system services infrastructure. The agreement is renewed annually and North Richland Hills pays an annual fee for each radio. This item is for radio access fees for the operation of the North Richland Hills public safety radios on the City of Fort Worth radio system for FY 2021. The current rate is $32.00 per month, per subscriber radio, payable in advance on an annual basis for all active radio IDs issued to the user at the time of the annual billing. Current billing is for 420 radios at $384.00 per radio per year. The subtotal cost for annual radio fees this year is $161,280.00. The Motorola WAVE rate is $40.00 per month, per subscriber phone, billed in the same fashion as a normal radio. Current billing is for 27 Motorola WAVE accounts at $480.00 per phone per year for a subtotal of$12,960.00. The total bill from the City of Fort Worth this year is $174,240.00. Funding was included in the FY 2020-21 budget for this item. RECOMMENDATION: Authorize payment to the City of Fort Worth for the annual public safety radio system services infrastructure in the amount of $174,240.00. CITY SECRETARYt COWRACT NO. COMMUNICATIONS SYSTEM AGREEMENT CATEGORY 1 —GOVERNMENT ENTITY This COMMUNICATIONS SYSTEM AGREEMENT (the "Agreement") is made and entered into by and between the City of Fort Worth ("Fort Worth" or "CFW") acting herein by and through its duly authorized Assistant City Manager, and the City of North Richland Hills ("USER"), acting herein by and through its duly authorized City Manager, individually referred to as a "party," collectively referred to herein as the "parties." The CFW or Fort Worth shall include all employees, directors, officers, agents, and authorized representatives. USER shall include all employees, directors, officers, agents, and authorized representatives. RECITALS WHEREAS, this Agreement is made under the authority of Sections 791.001-791.029, Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, Fort Worth owns, operates, and maintains Trunked Voice Radio Systems for the purpose of providing Public Safety voice radio communications and is the sole license holder of the CFW Trunked Voice Radio Systems with all privileges and responsibilities thereof. NOW THEREFORE, Fort Worth and USER agree as follows: 1. GRANT OF LICENSE Fort Worth hereby grants the USER specific permission to operate USER's owned or leased field radio equipment or equipment attached and/or interfaced to the CFW Trunked Voice Radio Systems (the "Radio System") infrastructure in accordance with the specific details and requirements for use as set forth in "Exhibit A, Terms of Use," which is attached hereto, incorporated herein, and made a part of this Agreement for all purposes. Failure to comply with these specific details and requirements may result in the immediate withdrawal of the specified permissions. City of Fort Worth Communications System Agreement City ofNorth Richland Hills OFFICIAL RECORD Page I of 11 CITY SECRETARY RECEIVED DECI 1. 9 2013 FT. WORTH,TX 2. TERM This Agreement shall begin upon the last day executed by all authorized parties and shall continue in full force and effect unless terminated in accordance with the provisions set forth herein and in Exhibit A. 3. COMPENSATION USER shall remit payment to Fort Worth in the amount and manner set forth in Exhibit A. 4. LIABILITY Each party agrees to be liable for any damages or loss that may be caused by its own negligence, omission or intentional misconduct. For purposes of this Section 4, the term party shall include employees, directors, officers, agents, authorized representatives, subcontractors, consultants, and volunteers of the respective party. Nothing in the performance of this Agreement shall impose any liability for claims against either party other than for claims for which the Texas Tort Claims Act may impose liability. 5. INDEPENDENT CONTRACTOR It is expressly understood and agreed that USER shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the CFW. Subject to and in accordance with the conditions and provisions of this Agreement, USER shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, directors, officers, agents, authorized representatives, subcontractors, and consultants. USER acknowledges that the doctrine of respondeat superior shall not apply as between the CFW, its employees, directors, officers, agents, and authorized representatives, and USER and its employees, directors, officers, agents, authorized representatives, subcontractors, and consultants. USER further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between CFW and USER. 6. NON-APPROPRIATION OF FUNDS Fort Worth and USER will use best efforts to appropriate sufficient funds to support obligations under this Agreement. However, in the event that sufficient funds are not appropriated by either party's governing body, and as a result, that party is unable to fulfill its obligations under this Agreement, that party (i) shall promptly notify the other party in writing and (ii) may terminate this Agreement, effective as of the last day for which sufficient funds have been appropriated. 7. RIGHT TO AUDIT USER agrees that the CFW shall, at no additional cost to the CFW, during and until the expiration of three (3) years after termination of this Agreement, have access to and the right to City of Fort Worth Communications System Agreement City of North Richland Hills Page 2 of 11 examine at reasonable times any directly pertinent books, documents, papers, records, and communications of the USER involving transactions relating to this Agreement. USER agrees that the CFW shall have access during normal working hours to all necessary USER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CFW shall give USER reasonable advance notice of intended audits. 8. ASSIGNMENT USER shall not have the right to assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the CFW. Which such right shall be granted solely at the discretion of the CFW. Any assignment in violation of this provision shall be void. 9. NO WAIVER The failure of either party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERSAMMUNITIES It is understood and agreed that by execution of this Agreement, the neither CFW nor USER waives or surrender any of its governmental powers or immunities. 11. AMENDMENTS No amendment to this Agreement shall be binding upon either party hereto unless such amendment is set forth in writing, dated subsequent to the date of this Agreement, and signed by both parties. 12. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 13. CONFIDENTIAL INFORMATION To the extent permitted by law, USER for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the CFW as confidential ("City Information") and shall not disclose any such information to a third party without the prior written approval of the CFW, unless such disclosure is required by law, rule, regulation, court order, in which event USER shall notify CFW in writing of such requirement in sufficient time to allow CFW to seek injunctive or other relief to prevent such disclosure. USER shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete City of Fort Worth Communications System Agreement City of North Richland Hills Page 3 of 11 or otherwise corrupt City Information in any way. USER shall notify the CFW immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised. 14. FORCE MAJEURE The parties shall exercise their best efforts to meet their respective duties and obligations hereunder, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any state or federal law or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation problems, existing contractual obligations directly related to the subject matter of this Agreement, or declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with applicable law. 15. NOTICES., Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth City of North Richland Hills Attn: Susan Alanis, Assistant City Manager Attn: Mark Hindman, City Manager 1000 Throckmorton 7301 N.E. Loop 820 Fort Worth TX 76 1 02-63 1 1 North Richland Hills, TX 76180 Facsimile: (817) 392-8654 Facsimile: (817) 427-6016 With Copy to the City Attorney At same address 16. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. In any such action, each party shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action. 17. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. City of Fort Worth Communications System Agreement City of North Richland Hills Page 4 of I 1 18. ENTIRETY OF AGREEMENT This written instrument, including all Exhibits attached hereto, contains the entire understanding and agreement between Fort Worth and USER as to the matters contained herein. Ally prior or contemporaneous oral or written agreement is hereby declared null and void to the extent ill conflict with this Agreement. 19. COUNTERPARTS. This Agreement may be executed in one or more Counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. EXECUTED IN MULTIPLE ORIGINALS on this the d—day 201�� CITY OF FORT WORTH: City of North Richland Hills: By: . By: P4� $usa Alani, Mark Hindman A, istA t Manager City Manager Date: I '�' It") Date: '0J.301d a/ CA ATTEST: ATTEST: ATTEST: FO By. Mot 0 Mary V.'Ka se�j "4 Patricia 1-luts'6,n'., F, City Secretary City Secretary , " 000,00 S APPROVED TO FORM APPRqv LEGhLITY: ANI.-Y-4,FGAI,ITV B m q (� -at y: . lwi C" mMGM( B y: As fait CIJy Attorney George Stapl City Attorney Contract Authorization: M&C: fi— Date Approved: City of Fort Worth Communications system Agreement OFFICIAL RECORD City of North Richiand Hills Page 5 oft I CITY SECRETARY FT.WORTH,TX EXHIBIT A CATEGORY 1, TERMS OF USE The following definitions shall have the meanings set forth below and apply to this Agreement and the Terms of Use set forth herein: DEFINITIONS "Console System" shall mean all hardware and software associated with any dispatch console or set of consoles operated by the USER that are connected to the CFW Master Switch. "Interoperable Communications Governance Committee" ("Governance Committee") shall mean that group of individuals tasked with maintaining and administering the Interoperable Communications Plan. The Governance Committee shall consist of ten to fifteen individuals with CFW selecting at least one representative and each classification of users selecting at least one representative. The Governance Committee shall deten-nine and may periodically adjust the number of members and the method for selecting members for each classification of users with a goal of ensuring that the Governance Committee reflects the full range of user types. "Infrastructure Support Fee" shall mean the annual fee charged by CFW to offset costs incurred by the CFW in the operation and maintenance of the Radio System. "Interoperable Communications Plan" (the "Plan") means the plan developed and established by CFW and the Governance Committee to facilitate, enhance and simplify radio communications among all agencies utilizing the Radio System or connecting their Site Repeater Systems or Console Systems to the Cl,W Master Switch. The Plan is available upon request from CFW or can be found on the CFW website at htti)://fortworthtexis.vov/itsolutions/. "Master Switch" shall mean the primary processing and network infrastructure to which all Console Systems and Site Repeater Systems must comiect in order to operate on the Radio System. The Master Switch is currently located at the CFW Eagle Mountain facility. "Over The Air Rekeying" ("OTAR") shall mean the management and support of Subscriber Radio encryption keys via over-the-air, radio channel transmission. 11OTAR Administration Fee" shall mean the annual fee charged by CFW to offset costs incurred by the CFW in the management and support of Subscriber Radio encryption keys administered through the Radio System's OTAR functions. "Over the Air Programming" (11OTAP11) shall mean the method of implementing programming changes to Subscriber Radios using the over-the-air data capabilities of the Radio System. "Private Call" shall mean a feature that reserves channel resources specifically for conversations between two Subscriber Radios. City of Fort Worth Communications System Agreement City of North Richland Hills Page 6 of I 1 "Site Repeater System" shall mean the base stations, shelter, tower and all site-specific hardware and software infrastructure associated with the provision of a radio site connected to the CFW Master Switch. "System Upgrade Agreement Fee" shall mean the annual fee charged by CFW to offset cost charged to CFW by Motorola Solutions for the maintenance of the Software Upgrade Agreement applicable to the USER's Console Systems and Site Repeater Systems. "Subscriber Radio" shall mean a radio that has a unique identification number and is programmed to operate on the Radio System. The term shall include, but not be limited to, control stations (desk top radios), mobile radios, and portable radios. "Talk Group" shall mean a specific group of Subscriber Radios allowed to communicate privately within that group over shared infrastructure resources. TERMS OF USE 1. The installation and maintenance of the Radio System infrastructure equipment is the responsibility of CFW unless otherwise stated in this Agreement. 2. The CFW is the holder of the FCC (Federal Communications Commission) license(s) that the Radio System uses for its operation. This Agreement shall not be construed or interpreted to grant, convey, or otherwise provide USER with any rights whatsoever to the CFW FCC license(s) or to the Radio Frequency spectrum used by the Radio System. 3. The CFW makes no guarantee, either express or implied, as to radio signal strength or a specific level of radio coverage in a particular location. The USER is responsible for conducting appropriate and applicable in-building and geographical coverage testing to determine the expected radio coverage level for USER's equipment. 4. USER will be responsible for the acquisition, programming, and maintenance of all equipment USER will be utilizing in connection with the Radio System infrastructure, including, but not limited to, Subscriber Radios, consoles, and special equipment. 5. In order to ensure hardware and software compatibility with the Radio System infrastructure, all Subscriber Radios and consoles intended for use by USER on the Radio System shall be compliant with Project 25 standards established by the Telecommunications Industry Association. The use of unauthorized radios on the Radio System may result in suspended operation of the radios and/or termination of the Agreement. 6. USER agrees to exclusively utilize antennas specifically approved by the radio manufacturer for use with the specific models of USER's radios. The use of short, broad spectrum, or "stubby," antennas is not recommended. USER shall be solely liable for coverage gaps in the event USER utilizes short broad spectrum or stubby antennas or other antennas not approved by the manufacturer for use with the specific models of USER's radios. City of Fort Worth Communications System Agreement City of North Richland Hills Page 7 of 11 7. No antenna gain greater than 3 DB will be allowed for mobiles and consolettes. 8. USER shall use due diligence in the maintenance and configuration of its Subscriber Radio equipment to ensure that no USER radio or console causes a degradation to the Radio System operation. The CFW shall have the right to remove from operation any field radio unit or equipment owned or leased by USER that is operating on, attached and/or interfaced to the CFW infrastructure, if CFW determines in its sole reasonable discretion that such equipment is causing interference or harm to the Radio System in any way. The CFW reserves the right to request that USER operated field radio units or equipment operating on, attached and/or interfaced to the infrastructure be tested for proper operation and/or repaired by an authorized radio repair facility approved by the CFW. 'The cost of such testing or repair will be the sole responsibility of USER. Furthermore, the CFW shall have the right to deactivate, without prior notification to or consent of USER, any field radio or other USER equipment suspected of causing interference, intentionally or unintentionally, to any other radios on the Radio System or to the Radio System's overall operation. 9. USER's radios may be used for voice radio communications over the Radio System infrastructure in accordance with the terms and conditions of this Agreement for as long as this Agreement remains in effect. 10. The CFW will be responsible for managing infrastructure loading and demand. CFW reserves the right, without notice to incumbent users, to enter into a similar agreement with other entities or to deny the addition of new Subscriber Radio equipment to any user of the Radio System. J'he CFW shall have sole discretion in determining whether to allow additional users or radios based on CFW's determination of whether such addition to the Radio System can be made without adversely impacting the Radio System. 11. USER is prohibited from utilizing telephone interconnect on the Radio System, This prohibition shall include, but is not limited to, connecting to either the PSTN (Public Switched Telephone Network) or USER's internal phone system(s) through a console patch into the Radio System or to any Subscriber Radio on the Radio System. 12. Due to the radio infrastructure resource allocations required by "Private Call," USER is not permitted to utilize "Private Call" on the Radio System. 13. USER's utilization of data communications on the Radio System will be limited to the Radio System's OTAP functions. Performance of data communications over the Radio System is not guaranteed. For programming changes involving more than ten Subscriber Radios, USER agrees to coordinate with CFW prior to executing changes to minimize impact on other users and on the Radio System. 14. The use of OTAR in association with Subscriber Radio encryption is prohibited without prior approval of CFW. Administration of encryption keys will be performed exclusively by CFW. USER may utilize and administer other encryption methods as required. City of Fort Worth Communications System Agreement City of North Richland Hills Page 8 of 11 15. The CFW will provide USER with an Advanced System Key (ASK) for use with the USER's Subscriber Radios only. The ASK will expire annually, and USER shall be responsible for requesting a new ASK following expiration if one is required. USER will be responsible for safeguarding the security of the ASK to prevent theft and/or loss. USER agrees to notify CFW immediately upon the theft or loss of the ASK. 16. CFW will assign the USER Talk Group IDs unique to USER operation. All Talk Group names shall include a prefix unique to the USER's agency. No other agency will be authorized to use USER Talk Groups without the express written permission of USER, and a copy of such permission must be on file with the CFW before such use may occur. The CFW reserves the right to require certain Talk Group ID's to be programmed in USER radios. Additionally, the CFW shall have the right to limit the Dumber of Talk Group ID's to be used by USER and to disable Talk Groups ID's as it deems appropriate. 17. The CFW has established a coordinated Interoperable Communications Plan to apply to CFW and the users of its Radio System, USER agrees to participate in the Plan and include the Plan's interoperable Talk Groups in the programming of its Subscriber Radios and Console Systems. 18. Roaming to other systems or the use of USER's Talk Groups on other trunked systems that are interconnected to the Radio System is prohibited without prior approval by CFW. Roaming to other trunked systems will be limited to the Radio System's interoperable Talk Groups, although this capability may be terminated by CFW if its use is determined to result in performance degradation to either the Radio System or the interconnected trunked system. 19. USER may utilize a Network Management Console (NMC) to manage its own environment. USER is responsible for acquiring and maintaining, at USER's sole cost, all components required to connect the NMC to the Radio System. The USER's NMC must be partitioned in manner to limit access to USER's own environment only and to prevent USER from viewing, accessing, or making any changes to equipment that is not owned or leased by USER. The USER must ensure the NMC is located in a secure area. USB ports on the NMC must be deactivated except during maintenance activity. All security patches related to operating systems and other associated software must be maintained at current manufacturer-tested levels. No other software applications may be utilized by the NMC. 20. CFW generally maintains aliases for units operating on the Radio System. If the USER has acquired the capability to modify its aliases, it may administer and maintain its own subscriber unit aliases. From that point, USER will be responsible for administering and maintaining its own subscriber unit aliases, and the CFW will no longer administer and maintain the USER's subscriber unit aliases. 21. USB ports on the USER's Console Systems must be deactivated except during maintenance activity. All security patches related to operating systems and other associated software must be maintained at current manufacturer-tested levels. If required, all connectivity between the Console Systems and the Radio System is the responsibility of the USER, including software, hardware and carrier services. Associated costs will be incurred by the USER. Unless otherwise City of Fort Worth Communications Systern Agreement City of North Richland Hills Page 9 of I I approved by CFW, connectivity will be achieved through local terrestrial circuit facilities. The use of other connectivity methods, including but not limited to microwave or fiber, must be approved by the CFW. USER may incur additional costs from CFW for other connectivity methods. 22. The CFW shall execute with Motorola Solutions a System Upgrade Agreement for the Console Systems and Site Repeater Systems that would be affected by the software upgrades, including those owned (or leased) and operated by the USER. Unless the USER is notified otherwise by CFW, the software for the Radio System, all Site Repeater Systems and all Console Systems will be upgraded to the current level every two years. The USER will provide all reasonable coordination necessary for the upgrade of its Console Systems. USER acknowledges that reductions in functionality may occur during the upgrade process. APPLICABLE FEES; TERMINATION, REFUNDS 23. USER shall pay the CFW an annual Infrastructure Support Fee in the amount of$24 per month, per Subscriber Radio or console. This fee is payable in advance on an annual basis for all active radio IDs issued to USER at the time of the annual billing. Invoicing will occur on a pro- rata basis when new Radio IDs are issued, and thereafter, at the beginning of each CFW fiscal year. There will be no refunds or credits for radios removed from service during the fiscal year. 24. If the USER subscribes to OTAR services, the USER shall pay the CFW an annual OTAR Administration Fee in the amount of$1 per month, per Subscriber Radio. This fee is payable in advance on an annual basis for all active radio IDs issued to USER at the time of the annual billing. Invoicing will occur on a pro-rata basis when new Radio lDs are issued, and thereafter, at the beginning of each CFW fiscal year. 25. USER shall pay the CFW an annual System Upgrade Agreement Fee equal to the amount invoiced to the CFW by Motorola Solutions, Inc., or its successors, for the upgrade of the USER's Console Systems and any other component subject to upgrade as a result of the upgrade of the Radio System. 26. CFW shall have the right to increase any applicable fees under this Agreement each fiscal year to offset any increased costs incurred by CFW in the operation or maintenance of the Radio System. Any increase in applicable fees will be effective at the beginning of the next CFW fiscal year. CFW shall provide USER with 60 days' written notice of any intended fee increase, provided, however, that this notice period may be less than 60 days if Motorola Solutions provides CFW with less than 60 days' notice of an increase in the System Upgrade Agreement Fee and such reduced notice period shall not impact USER's obligation to pay the increased fee. 27. Either USER or CFW may terminate this Agreement for any reason, with or without cause, upon ninety (90) days written notice to the other party. If USER terminates, there will be no refunds or credits for any fee. If CFW terminates, CFW will issue a refund to the USER of all fees, except for the System Upgrade Agreement Fee, which is non-refundable, pro-rated to the end of the current fiscal year. The CFW, in its sole discretion, shall have the right to deny USER access to the radio infrastructure and/or the right to terminate the Agreement immediately if City of Fort Worth Communications System Agreement City ofNorth Richland Hills Page 10 of 11 USER fails to make full payment of invoiced system fees within thirty (30) days of the date payment is due. The CFW further reserves the right to terminate this Agreement immediately, or deny access to the USER, upon notice of USER misuse of the Radio System. Notwithstanding the foregoing, the CFW, in its sole discretion, reserves the right to immediately deny access to the USER if such action is required to prevent the spread of a security breach or threatened security breach or due to an emergency, operational issue, or other critical incident between the Master Switch and the USER's environment. The CFW will use best efforts to restore access to the USER as soon as possible once the security breach, emergency, operational issue, or critical incident is resolved. COMPLIANCE WITH LAWS 28. The USER shall comply with all current and future Federal, State, and Local laws, Ordinances, and Mandates, including Federal Communications Commission rules and regulations regarding proper use of radio communications equipment. The USER will also comply with the guidelines, or procedures set out in this Agreement. Furthermore, the USER is responsible for enforcing such compliance by its employees, directors, officers, agents, authorized representatives, Subcontractors, and consultants for USER Subscriber Radio equipment. Furthermore, the USER will be responsible for payment of any fines and penalties levied against the CFW (as the license holder) as a result of improper or unlawful use of Subscriber Radio equipment owned or leased by USER. 29. In order to comply with Federal, State, and Local Laws and/ or Mandates, the CFW, as the license holder, may need to act on behalf of the USER regarding possible modifications, reconfiguration, or exchange of Subscriber Radio equipment in order to meet these obligations. For as long as this Agreement is in force, the USER will allow the CFW to facilitate such activities on USER's behalf as necessary. 30. In the instance where USER Subscriber Radio equipment is to be replaced in order to be in compliance with Federal, State, and Local Laws and/or Mandates, title and ownership of such replacement Subscriber Radio equipment shall, upon delivery of Subscriber Radio equipment to the USER's site, pass directly to the owner of the equipment that is being replaced. The USER shall provide the CFW, or its designee, with the Subscriber Radio equipment to be replaced, in good working order, as determined by the CFW or its designee. USER shall be liable for payment of any fees associated with radios deemed to be not in proper working order. USER shall be liable for payment of any fees associated with upgrades to Subscriber Radio equipment. [End of Document] City of Fort Worth Communications System Agreement City of North Richland Hills Page 11 ofil - _ M&CRevievv Page of Official site m the City m Fort Worth,Texas CITY�� ' ��N ��N ��|��& `~~~ _~~ ~ �� ~ ~=.�~~��~~ FoRTWoRTH COUNCIL ACTION: Approved on 12/10/2013 REFERENCEU4C|TYOF NORTH F�|C�H[AND DATE: 12/10/2013 NO.: 'C|-20581 LOG NAME: HILLS COMMUNICATIONS SYSTEM AGREEMENT PUBLICCODE: {� TYPE: CONSENT PUBLIC HEARING: SUBJECT: Authorize Execution of Communications System Agreement with the City of North Richland Hills for Participation in the City of Fort VVOrth's Two-Way Public Safety Radio System, at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Communications System Agreement with the City of North Richland Hills for participation in the City of Fort VVodh'sTwo-Way Public Safety Radio System. The City Of North Richland Hills will n+|nnbVroe its share of operations and maintenance to ensure no cost to the City of Fort Worth with annual reimbursement estimated to be approximately the amount of$73.000.00. In addition, the City nfNorth Richland Hills will reimburse the City of Fort Worth for its share of the Software Upgrade Agreement. DISCUSSION: The City Of Fort Worth (City) maintains Agreements tV provide access to its two-way radio syot8nna by other public safety agencies in Tarrant and Johnson Counties. |n return for this access, external agencies help offset the City's expenses through the payment of annual fees. |n addition, access to the Fort Worth Public Safety Radio System by mou|Up|o jurisdictions enhances the ability Of emergency responders to communicate with one another when responding to incidents. in November 2O13. the City of North Richland Hills (North Richland Hills) approved o Communications System Agreement to operate on the Qtv'n new digital Public Safety Radio System. North Richland Hills will provide its own radios and dispatch C8ntar, but will utilize the City'o radio infrastructure for its public safety communications. North Richland Hills currently utilizes the City's legacy radio system, and is scheduled to transition to the new system in March 2014. Because the new system operates under different technical standards, G new Agreement is required. To ensure the software levels of the radio systems remain current and under support, the City will utilize m Motorola Software Upgrade Agreement that encompasses all external agencies that maintain dispatch consoles. The use of@single Software Agreement to cover all users will result inaA.1 percent discount in the cost for all agencies, including the City. The Communications System Agreement with North Richland H|||e @||Ow8 the City to invoice North Richland Mi||a for its share of the Motorola Software Upgrade Agreement, as well as North Richland Hills' annual subscriber fee which im estimated tObe approximately in the amount Of$73.OUO.O0annually. FISCAL . The Financial Management Services Director certifies that the Information Technology Solutions Department ia responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers FROM Fund/Account/Centers $73,000.00 httD://upp8.cfwoet.mro/onnmcil nauke1/mc_revievv.ump?{D=\g274&oouuoJd8te=l2/lA/20l3 12/12/2013 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Peter Anderson (8781) Additional Information Contact: Alan Girton (8484) Steve Streiffert (2221) ATTACHMENTS http://apps.cfwnet.org/council_packeVmc—review.asp?ID=19274&councildate=12/10/2013 12/12/2013 X f hu City Secretary Office ,.r. Official Record Copy Is? CrTYSE-CRERARY °. CONTRACT NO. FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO,45218 This First Amendment to Fort Worth City Secretary Contract No, 45218 ("First Amendment") is made between the City of Fart Worth ("FORT WORTH" or "CFW"), a municipal corporation, acting herein by and through Susan Alanis, its duly authorized Assistant City Manager and the City of North Richland Hills, a municipal corporation, ("USER") acting herein through]Mark Hindman,its duly authorized City Manager. WHEREAS, FORT WORTH and USER entered into an Agreement identified as port Worth City Secretary Contract No.45218 beginning December 1.9, 2013 (the"Agreement'); and WHEREAS,USER wishes to subscribe to additional services of the CFW Trunked Voice Radio Systems; and WHEREAS, it is the collective desire of both FORT WORTH and NORTH RICHLAND HILLS to amend the Agreement to include additional services of the CFW Trunked Voice Radio Systems. NOW THEREFORE, KNOWN ALL BY THESE PRESENT, FORT WORTH and USER, acting herein by the through their duly authorized representatives, enter into this First Amendment, which amends the Agreement as follows: I The Agreement is hereby amended by adding Exhibit B, attached to this First Amendment, as Exhibit B of the Agreement, which is incorporated into and made a part of this Amendment for all purposes. , All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] "TICIAL RECORD, CITY SECR65T91MY '4�s3 Y.}7 g4'{y First Amendment to Fort Worth City Secretary Contract No.42581. Page l of 6 EXECUTED IN MULTIPLE ORIGINALS on this the t 6ay o6i, ,'x-�y 20/6.,. APPROVED FOR APPROVED FOR CITY OF FORT WORTH: NORTH RICHLAND HILLS: Stroo Alanis Marls.Hindman Assistant City Manager City Manager -°x. , i`= ate. y Date: .� '• C '— �, _ D f�/ _.........._ APPROVED AS TO FORM APPROVED TO FORM AND LEGALITY: AND LEGALITY: By: �M��t My Strong, Maleshia B. McGinnis Assistant City ttorney City Attorney �a .'��:" 1liltllllfttlNNIII/laf,� ATTEST: f,, �,; " w ATTEST: ,fr t� y. _.•. - n any J. a er �"" Alicia Richardson =` - "Co C)''•t :' City Secretary "^ City Secretary t �� Contract Authorization: ; , �'�Oj��I��rxruanr►��yi M&C: N R H Corxricii Action � Date Approved: Date Appvoved w.• 8g Agerida No, Ord J ides No, �..•,�,. P +Nvweveu,yi 5t(.VIA4tRl j First Amendment to Tort Worth City Secretary Contract No. 45281 2 of 5 City of North Richland Hills,CSC 45218 Amendment No. 1 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Steve Streiffert Assistant Director IT Solutions Department EXHIBIT B CATEGORY 1, TERMS OF USE The following definitions shall have the meanings set forth below and apply to this Agreement and the Terms of Use set forth herein: DEFINITIONS "Chat Channel" shall mean a talk group that appears only on the WAVE System and is exclusive to a USER. Chat Channels are not transmitted over the Radio System, but only to the USER's smart devices on the WAVE System. "Interoperability Channels" shall mean common channels accessible by multiple agencies for the express purpose of providing communications among agencies during multi-agency operations in accordance with the Tnteroperable Communications Plan. "Radio System Talk Group" shall mean a talk group that is transmitted over the Radio System, and may be accessed through the WAVE System. "Smart Device" shall mean an electronic device utilized to access the WAVE System, including but not limited to smartphones, tablets, workstations and any device specifically intended for use with the WAVE System. "WAVE Support Fee" shall mean the annual fee charged by CFW to offset costs incurred by the CFW in the administration, operation and maintenance of the WAVE System., "WAVE System" shall mean the Motorola Solutions WAVETM System adjunct to the Master Switch and all other associated hardware, software and network facilities necessary to provide access to the CFW Trunked Voice System from smart devices. TERMS OF USE 1. The installation and maintenance of the WAVE infrastructure equipment is the responsibility of CFW unless otherwise stated in this Agreement. 2. The CFW is the holder of the FCC (Federal Communications Commission) license(s) that the Radio System uses for its operation. This Agreement shall not be construed or interpreted to grant, convey, ar otherwise provide USER with any rights whatsoever to the CFW FCC license(s) or to the Radio Frequency spectrum used by the Radio System. I The CFW makes no guarantee, either express or implied, as to the performance of smart devices used with the WAVE system. The USER is responsible for conducting appropriate and applicable testing to determine the performance and suitability of the WAVE System for the USER's requirements. First Amendanent to Fort Worth City Secretary Contract No.45281 3 of 5 4. USER will be responsible for the acquisition, programming, and maintenance of all smart device equipment and software USER will be utilizing in connection with the WAVE System. 5. USER will be responsible for the acquisition and annual renewal of all licenses associated with the USER's utilization of the WAVE System directly from Motorola Solutions, Inc., or its successors. USER agrees to acquire one appropriate license for each smart device that will access the WAVE System. USER will instruct Motorola Solutions, lne., to provide license files to CFW. Upon receipt of the license files, CFW will install the USER's licenses on the WAVE System. 6. The CFW will coordinate with the USER for the establishment of user accounts, radio system talk groups and chat channels to be accessed through. the WAVE System. Implementation and administration of user accounts and tall:groups will be the responsibility of CFW. 7. The CFW will provide access to a limited number of interoperability Channels than may be accessed by the USER. The number and selection of Interoperability Channels will be determined at the sole discretion of CFW. USER will not be required to acquire licenses for Interoperability Channels. 7. USER shall use due diligence in the maintenance and security of its smart device equipment to ensure that no USER smart device causes a degradation to the WAVE System or Radio System operation.. The CFW shall have the right to remove from operation any smart device owned or leased by USER that is operating on, attached and/or interfaced to the WAVE System, if CFW determines in its sole reasonable discretion that such equipment is causing harm to the Radio System in any way. Furthermore,the CFW shall have the right to deactivate, without prior notification to or consent of USER, any smart device suspected of causing harm, intentionally or unintentionally, to the operation of the WAVE System or the Radio System, S. USER's smart devices may be used for voice communications over the Radio System infrastructure in accordance with the terms and conditions of this Agreement for as long as this Agreement remains in effect. 9. The CFW will be responsible for managing infrastructure loading and demand. CFW reserves the right, without notice to incumbent users, to enter into a similar agreement with other entities or to deny the addition of new smart device equipment to any user of the WAVE System. The CFW shall have sole discretion in determining whether to allow additional users or smart devices based on CFW's determination of whether such addition to the WAVE System can be made without adversely impacting the WAVE System or the Radio System. 10. The CFW, at its sole discretion, will upgrade the WAVE System periodically. USER will be notified at least sixty(60) days before commencement of the upgrade. USER will be responsible for ensuring its smart devices have the software release appropriate to the current software release of the WAVE System. APPLICABLE FEES; TERMINATION; REFUNDS First Amendment to Fort Worth pity Secretary Contract No. 45281 4 of S 11. USER shall pay the CFW an annual Infrastructure Support Fee in the amount of$39 per month, per smart device. This fee is payable in advance on an annual basis for all active smart devices registered to USER at the time of the annual billing. Invoicing will occur on a prowrata basis when new smart device accounts are 'issued, and thereafter, at the beginning of each CFW fiscal year. There will be no refunds or credits for smart devices removed :from service during the fiscal year. 12. USER shall pay the CFW an annual Chat Channel Fee in the amount of$14 per month, per Chat Channel. This fee is payable in advance on an annual basis for all active Chat Channels registered to the USER at the time of the annual billing. Invoicing will occur on a pro-rata basis when new Chat Channels are activated, and thereafter, at the beginning of each CFW fiscal year. There will be no refunds or credits for Chat Channels removed from service during the fiscal year. 12. CFW shall have the right to increase any applicable fees under this Agreement each fiscal year to offset any increased costs inewTed by CFW in the operation or maintenance of the Radio System or WAVE System. Any increase in applicable fees will be effective at the beginning of the next CFW fiscal year. CFW shall provide USER with 60 days' written notice of any intended fee increase. 13. Either USER or CFW may terminate this Agreement for any reason, with or without cause, upon ninety (90) days written notice to the other party. If USER terminates, there will be no refunds or credits for any fee. If CFW terminates, CFW will issue a refund to the USER of all fees. The CFW, in its sole discretion, shall have the right to deny USER access to the radio infrastructure and/or the right to terminate the Agreement immediately if USER fails to make full payment of invoiced system fees within thirty (30) days of the date payment is due. The CFW further reserves the right to terminate this Agreement immediately, or deny access to the USED., upon notice of USER misuse of the Radio System.. Notwithstanding the foregoing, the CFW, in its sole discretion, reserves the right to immediately deny access to the USER if such action is required to prevent the spread of a security breach or threatened security breach or due to an emergency, operational issue, or other critical incident between the WAVE System or Radio System and the USER's environment. The CFW will use best efforts to restore access to the USER as soon as possible once the security breach, emergency, operational issue, or critical incident is resolved. COMPLIANCE WITH LAWS 14. The USER shall comply with all current and future Federal, State, and Local laws, Ordinances, and Mandates, including Federal Communications Commission rules and regulations regarding proper use of radio communications equipment. The USER will also comply with the guidelines, or procedures set out in this Agreement. Furthermore, the USER is responsible for enforcing such compliance by its employees, directors, officers, agents, authorized representatives, subcontractors, and consultants for USER Subscriber Radio equipment. Furthermore, the USER will be responsible for payment of any fines and penalties levied against the CFW (as the license holder) as a result of improper or unlawful use of smart device equipment owned or leased by USER. First Amendment to Fort Worth City Secretary Contract No. 45281 5 of 5 [End of Document] First Amendment to Fort Worth City Secretary Contract No.45281 6 of 5 1. fort worth emailed our original, however they mailed us an original without our stamp so what is in LF and what is a hard copy are different. (th) F1 . INVOICE Customer Number: 0000002755 Page: 1 of 1 This document was sent by the Department of Financial Management Services. If you have any questions,please call 817-392-1234 and select Option 6. Bill To: CITY OF NORTH RICHLAND HILLS JENNIFER VIBER 4301 CITY POINT DR NORTH RICHLAND HILLS TX 76180-8316 Business Invoice Payment Line Unit Invoice ID Date Terms Due Date DescriQtion Net Amount 1•-,-•CFW01-•- -ITS-RADP0000000235 .-- 10/26/2020 NET 30 11/25/2020 161,280.00 FY2021(101112020-09130I2021)Primary System usage-420 Radios x$32.00 x 12 Months RADIO-PRIMARY SYSTEM USAGE 2 CFW01 ITS-WAVEP000000O028 10/26/2020 NET 30 11/25/2020 12,960.00 FY2021(101112020-09I30/2021)WAVE Primary usage-27 Devices x$40.00 x 12 Months WAVE-PRIMARY SYSTEM Subtotal CFW01 City of Fort Worth 174,240.00 Total Amount Due: 174,240.00 --- Detach and return all pages below the indicated perforation with payment. Keep upper portion for your records. - --- ---- --- -------------------------------- --------------- - _______________ Customer Number: 0000002755 ---------"-""-""--'""-"-- Business Charge Total Amount Due: 174,240.00 Unit Invoice ID Charge Code Due Date Amount Paid Amount CFW01 ITS-RADP0000000235 ITS-RADIO-P 11/25/2020 161,280.00 CFW01 ITS-WAVEP000000O028 ITS-WAVE-WP 11/25/2020 12,960.00 Total Paid City of Fort Worth PO Box 99005 Fort Worth TX 76199-0005 99005 0000002755 0017424000 3 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11, 2021 SUBJECT: Consider Resolution No. 2021-001, accepting the 2021 Homeland Security Grant Program (HSGP) Urban Area Security Initiative (UASI) grant in the amount of$62,801.38. PRESENTER: Kenneth Rawson, Assistant Fire Chief SUMMARY: The City of North Richland Hills has been awarded funds from the 2020 Homeland Security Grant Program (HSGP) Urban Area Security Initiative (UASI) grant for $62,801.38. These items are for the North East Fire Department Association (NEFDA) Explosive Ordnance Disposal (EOD) team housed in North Richland Hills. This grant will go towards the purchase of a new robot system used to mitigate explosive ordnance calls for service. North Richland Hills will accept the funds, manage the grant, and transfer ownership of the robot to NEFDA. The grant requires no matching funds from North Richland Hills. GENERAL DESCRIPTION: The Northeast Fire Department Association (NEFDA) is comprised of fourteen (14) jurisdictions in northeast Tarrant and southern Denton counties. The cities in NEFDA are North Richland Hills, Richland Hills, Haltom City, Hurst, Grapevine, Southlake, Colleyville, Keller, Watauga, Bedford, Euless, Roanoke, Westlake, and Trophy Club. This grant is for the NEFDA Explosive Ordnance Disposal (EOD) team. This grant will go towards the purchase of a new robot system used to mitigate explosive ordnance calls for service. The robot system will be purchased through a separate agreement which will be brought to City Council for consideration at a later meeting. This item will be placed on the EOD team vehicle housed at North Richland Hills. The grant requires no matching funds. RECOMMENDATION: Approve Resolution No. 2021-001 , accepting the 2021 Homeland Security Grant Program (HSGP) Urban Area Security Initiative (UASI) grant in the amount of$62,801.38. RESOLUTION NO. 2021-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ACCEPTING THE 2021 HOMELAND SECURITY GRANT PROGRAM (HSGP) URBAN AREA SECURITY INITIATIVE (UASI) GRANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills finds it in the best interest of the citizens of North Richland Hills, that the 2020 UASI-North Richland Hills-NEFDA EOD Robot Enhancement project be operated for the 2020 grant year; and WHEREAS, the City of North Richland Hills agrees that in the event of loss or misuse of the Office of the Governor funds, the City of North Richland Hills assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of North Richland Hills designates Fire Chief Stan Tinney as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. 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 approves submission of the grant application and acceptance of the grant award for the 2020 UASI-North Richland Hills- NEFDA EOD Robot Enhancement project to the Office of the Governor. 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 11t" day of January, 2021. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Resolution No. 2021-001 Page 1 of 2 ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Stan Tinney, Fire Chief Resolution No. 2021-001 Page 2 of 2 Grant Summary Page 1 of 15 Snapshot Description: Application- Submitted by Applicant Created: 3/25/2020 4:41:03 PM Agency Name:North Richlandh Hills, City of Grant/App: 4126201 Start Date: 10/1/2020 End Date: 9/30/2021 Project Title: 2020 UASI-NEFDA EOD Robot Enhancement Status: Application Pending AO Certification Eligibility Information Your organization's Texas Payee/Taxpayer ID Number: 17560051942002 Application Eligibility Certify: Created on:3/25/2020 3:22:54 PM By:Matthew Honza Profile Information Applicant Agency Name: North Richlandh Hills, City of Project Title: 2020 UASI-NEFDA EOD Robot Enhancement Division or Unit to Administer the Project: North Richland Hills Fire Department Address Line 1: 4301 City Point Drive Address Line 2: City/State/Zip: North Richland Hills Texas 76180-8316 Start Date: 10/1/2020 End Date: 9/30/2021 Regional Council of Goverments(COG) within the Project's Impact Area: North Central Texas Council of Governments Headquarter County: Tarrant Counties within Project's Impact Area: Collin,Dallas,Denton,Ellis,Erath,Hunt,Johnson,Parker,Rockwall,Tarrant,Wise Grant Officials: Authorized Official Name: Stan Tinney Email: stinney@nrhfd.com Address 1: 7202 Dick Fisher Dr. North Address 1: City: North Richland Hills, Texas 76180 Phone: 817-427-6900 Other Phone: Fax: Title: Mr. Salutation: Chief Position: Fire Chief Financial Official Name: Jennifer Day Email:jday@nrhtx.com Address 1: 7202 Dick Fisher Dr N Address 1: City: North Richland Hills, Texas 76180 Phone: 817-427-6900 Other Phone: 817-427-6917 Fax: 817-427-6906 Title: Ms. Salutation: Ms. Position: Administrative Assistant Proiect Director https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 2 of 15 Name: Matthew Honza Email: mhonza@nrhfd.com Address 1: 4301 City Point Drive Address 1: City: North Richland Hills, Texas 76180 Phone: 817-427-6935 Other Phone: 817-793-7080 Fax: Title: Mr. Salutation: Mr. Position: Emergency Management Coordinator Grant Writer Name: Braydon Williams Email: bwilliams@nctcog.org Address 1: 616 Six Flags Drive Address 1: Centerpoint 2 City: Arlington, Texas 76011 Phone: 817-608-2318 Other Phone: Fax: Title: Mr. Salutation: Mr. Position: SHSP Grant Coordinator Grant e o Information Organization Type: Unit of Local Government (City, Town, or Village) Organization Option: applying to provide homeland security services Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (FEI) Number or Vendor ID): 17560051942002 Data Universal Numbering System (DUNS): 097985824 Narrative Information Overview The purpose of the Homeland Security Grant Program (HSGP) is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. HSGP supports core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery based on allowable costs. Primary Mission and Purpose Urban Area Security Initiative (UASI) - Regular: Supports programs that address the unique multidiscipline planning, organization, equipment, training, and exercise needs of high-threat, high-density Urban Areas in efforts to build and sustain the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. Urban areas must employ regional approaches to overall preparedness and are encouraged to adopt regional response structures whenever appropriate. Eligibility Requirements https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 3 of 15 Criminal History Reporting Entities receiving funds from PSO must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66. The disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Beginning January 1, 2020, counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90 percent of convictions within seven business days to the Criminal Justice Information System at the Department of Public Safety. By January 1, 2021, such reporting must take place within five business days. Click 13,e,ir;;e. for additional information from DPS on this new reporting requirement. Uniform Crime Reporting (UCR) Eligible applicants operating a law enforcement agency must be current on reporting Part I violent crime data to the Texas Department of Public Safety (DPS) for inclusion in the annual Uniform Crime Report (UCR). To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year. Conversion to National Incident-Based Reporting System (NIBRS) The Texas Department of Public Safety (DPS) has established a goal set by the Texas Legislature for all local law enforcement agencies to implement and report crime statistics data by using the requirements of the National Incident-Based Reporting System (NIBRS). Additionally, the Federal Bureau of Investigations (FBI) will collect required crime statistics solely through the NIBRS starting January 1, 2021. Due to this federal deadline, grantees are advised that eligibility for future grant funding may be tied to compliance with NIBRS. Financial grant assistance for transitioning to NIBRS may be available for your jurisdiction from the Public Safety Office. National Incident Management System (NIMS) Implementation Grantees are required to implement NIMS. The NIMS uses a systematic approach to integrate the best existing processes and methods into a unified national framework for incident management across all homeland security activities including prevention, protection, response, mitigation, and recovery. Grantees must use standardized resource management concepts for resource typing, credentialing, and an inventory to facilitate the effective identification, dispatch, deployment, tracking and recovery of resources. Emergency Management Plans (Intermediate Level) Cities and counties must have a current emergency management plan or be a legally established member of an inter-jurisdictional emergency management program with a plan on file with the Texas Department of Public Safety, Texas Division of Emergency Management (TDEM). Plans must be maintained throughout the entire grant performance period and must be at least at the Intermediate Level. If you have questions concerning your Emergency Management Plan (preparedness) level, contact your Emergency Management Coordinator (EMC) or your regional Council of Governments (COG). For questions concerning plan deficiencies, contact TDEM at tdem.plans@tdem.texas.gov. Eligibility Requirements National Incident Management System (NIMS) Implementation Grantees are required to implement NIMS. The NIMS uses a systematic approach to integrate the best existing processes and methods into a unified national framework for incident management across all homeland security activities including prevention, protection, response, mitigation, and recovery. Grantees must use standardized resource management concepts for resource typing, credentialing, and an inventory to facilitate the effective identification, dispatch, deployment, tracking and recovery of resources. Emergency Management Plans (Intermediate Level) Cities and counties must have a current emergency management plan or be a legally established member of an inter-jurisdictional emergency management program with a plan on file with the Texas Department of Public Safety, Texas Division of Emergency Management (TDEM). Plans must be maintained throughout the entire grant performance period and must be at least at the Intermediate Level. If you have questions concerning your Emergency Management Plan (preparedness) level, contact your Emergency Management Coordinator (EMC) or your regional Council of Governments (COG). For questions concerning plan deficiencies, contact TDEM at tdem.plans@tdem.texas.gov. Program Requirements https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 4 of 15 Program Income Applicant agrees to comply with all federal and state rules and regulations for program income and agrees to report all program income that is generated as a result of the project's activities. Applicant agrees to report program income through a formal grant adjustment and to secure PSO approval prior to use of the program income. Applicant agrees to use program income for allowable costs and agrees to expend program income immediately after PSO's approval of a grant adjustment and prior to requesting reimbursement of funds. Deduction Method - Program income shall be deducted from total allowable costs to determine the net allowable costs. Program income shall be used for current costs unless PSO authorizes otherwise. Program income which the grantee did not anticipate at the time of the award shall be used to reduce the PSO award and grantee match rather than to increase the funds committed to the project. Asset Seizures and Forfeitures - Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff (e.g., law enforcement entity). Building and Sustaining Core Capabilities 1. All capabilities being built or sustained must have a clear link to one or more Core Capabilities in the National Preparedness Goal. 2. Many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate this dual-use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness. Activities implemented under SHSP must support terrorism preparedness by building or sustaining capabilities that relate to the prevention of, protection from, mitigation of, response to, and recovery from terrorism. 3. Funding should be used to sustain core capabilities. New capabilities should not be built at the expense of maintaining current and critically needed core capabilities. New capabilities must be aligned with capability targets and gaps identified through the THIRA/SPR process. Mission Areas The National Preparedness Goal organizes the core capabilities into the five mission areas: • Prevention. Prevent, avoid or stop an imminent, threatened or actual act of terrorism. • Protection. Protect our citizens, residents, visitors, and assets against the greatest threats and hazards in a manner that allows our interests, aspirations, and way of life to thrive. • Mitigation. Reduce the loss of life and property by lessening the impact of future disasters. • Response. Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of a catastrophic incident. • Recovery. Recover through a focus on the timely restoration, strengthening and revitalization of infrastructure, housing and a sustainable economy, as well as the health, social, cultural, historic and environmental fabric of communities affected by a catastrophic incident. Nationwide Cyber Security Review Grantees will be required to complete the Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient agency should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. For more information about the NCSR, visit: https://www.cisecurity.org/ms-isac/services/ncsr/. Overall Certification Each applicant agency must certify to the specific requirements detailed above as well as to comply with all requirements within the PSO Funding Announcement, the Guide to Grants, the Grantee Conditions and Responsibilities, any authorizing or applicable state and federal statutes and regulations to be eligible for this program. X I certify to all of the application content and requirements. Project Summary : https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 5ofl5 Briefly summarize the project, including proposed activities and intended impact. This North East Fire Department Association (NEFDA) EDD project will assist in building and sustaining NIMS- typed resources, Bomb and EDD teams throughout the NCTCDG region. A Working Group assessment from all North Central Texas Bnmb/EDD teams identified several teams without the capability and versatility of mobile, rapidly deployable portable robots (such as the Mini-Caliber SWAT Robot), capable of operating in rapidly changing environments such as those that are needed in support nf SWAT teams or Bnmb/EDDteams. Bnmb/EDD operators are expected tn be agile, rapidly deployable; enabling Technicians tnassess packages or devices, allowing SWAT and Tactical Teams to continue movement during a high threat, quickly changing situations and scenarios. This project will enhance terrorism and criminal activity response for the NEFDA EDD team and teams throughout the region, by funding the purchase of Mini-Caliber SWAT Robot. The Mini- Caliber SWAT Robot is designed to be a lightweight, one man portable robot developed for tactical operators. The robot is simple to operate and quick to dep|ny, providing fast action to search rooms, stainwe||s, and confined spaces. Problem Stu1on/ont � Provide a detailed account of the issues, threats or hazards that your project will target. For federal Homeland Security Grants, include specific references to the regional or state Threat and Hazard Identification and Risk Assess/nent(77f{RA), as applicable. Around 500,000 people live in the NEFDA EDDteam's response area, plus millions throughout the surrounding regional response areas that the NEFDA EDD team routinely responds to. North Central Texas Region encompasses the 4th busiest and 2nd largest airport inthe US, four mass transit entities, internationally renowned sporting/special event venues, a military reserve base, hundreds of international businesses, and a prominent economic and finance hub. As terrorist targets, their close proximity and location in densely populated areas could create a devastating series of cascading events if attacked. Other hazards in N[T, many of which have the potential to be terrorist-induced, include wildfires, HAZMATspi||s, chemical re|eases, train derailments, natural gas line explosions, gang violence, and public health incidents. These examples illustrate the critical infrastructure and key resources that are subject to terrorism threats, and create a critical need for Bnmb/EDDteams with the capability tn operate safely and securely in periods and environments with numerous instances of suspicious packages and IEDs in the response area(s). Advanced equipment such as mobile, rapidly deployable portable robots (such as the Mini-Caliber SWAT Robot) will allow Bnmb/EDD teams to prntectthemse|ves, fellow officers, and citizens during terrorist attacks, hostage rescue situations, or active shooter incidents. Interdiction and Disruption - Page 18nf Regional THIRA. Response/Recovery Mission Areas Goal 12 Enhance CBRNE Detection and Response Capability-Page 41 of Urban Area Strategy 2019 Update. Existing Capability|Lovdo : Describe the existing capability levels, including resources that are currently in place to support this project prior to the use of grant funds. A Working Group assessment from all North Central Texas Bnmb/EDDteams identified several teams without the capability and versatility of mobile, rapidly deployable portable robots (such as the Mini-Caliber SWAT Robot), capable of operating in rapidly changing environments such as those that are needed in support of SWAT teams or Bnmb/EDD teams. This regional project will assist the NEFDA EDD team in preventing, preparing for, and protecting against acts of terrorism. This project purchase of Mini-Caliber SWAT Robot will enable the NEFDA EDDteam to search rooms, stairwells and confined spaces of explosive material; allowing teams to be better prepared for terrorism incidents occurring in all conditions and scenarios, which may ultimately prevent or minimize acts of terrorism. The mobile, rapidly deployable EDD robot will also prevent injury and loss of life in the event nfa terrorism incident by allowing the NEFDA EDDteam to operate safely to protect officers and citizens when dealing with coordinated and complex terrorist attacks. The NEFDA EDD team will be better prepared for terrorism incidents by having the equipment and by utilizing the equipment during incidents and exercises. Capability Gaps: Describe the capability gaps which will be addressed by the project. For federal Homeland Security Grants, include specific references tothe regional or statewide State Preparedness Report (SPR). Our Regional Bnmb/EDDteam currently has no operational mobile, rapidly deployable EDD robot and will need a minimum of 1 fully operational, mobile, rapidly deployable EDD robot to allow Bomb Technicians to operate with Tactical and or SWAT Teams. With the designated equipment, specified Bnmb/EDD Technicians will have an enhanced capability for operating in all conceivable conditions where the traditional bulky and unmanageable EDD robots would have to be utilized; causing a hazard for the Bnmb/EDD Technician, the SWAT operators, and the citizenry as a whole. Interdiction and Disruption - Page 34 of Regional Stakeholder Preparedness Review (SPR). UmnpuctStu1omnont : hn»o://egrunto.gov.texuo.gov/Pr jectfGrantSnupohotFrocnS(l|L.uopx9GLDlD~~235DDFl/\-3... 11/4/2020 Grant Summary Page hofl5 Describe the project goals/objectives and how this project will maintain capabilities or reduce capability gaps. The goal of this project is to fund the purchase a rapidly deployable Mini-Caliber SWAT Robot to outfit an additional, complete response element for the Regional Bnmb/EDD team. Currently the team has no operational mobile, rapidly deployable and will need minimum nf1 more to have two fully operational, rapidly deployable Bomb Technicians, capable of operating with Tactical and or SWAT Teams. With the designated equipment, specified Bnmb/EDDTechnicians will have an enhanced capability for operating in all conceivable conditions where the traditional bulky and unmanageable EDD robot would have to be utilized; causing a hazard for the Bnmb/EDDTechnician, the SWAT operators, and the citizenry as a whole. Interdiction and Disruption - Page 34nfRegional Stakeholder Preparedness Review (SPR); which routinely operates with many of the of NEFDA SWAT teams as Tactical Bomb Technicians. The objective is to provide the NEFDA EDD team with the capability to operate safely and securely in all conditions and environments when necessary in response tn coordinated and complex terrorist attacks, hostage rescue situations, and active shooter incidents, nr other criminal activity. HomndundSocurhv Priority Actions: Identify the Texas Homeland Security Priority Action most closely aligned with this project. Each Priority Action is linked with an Objective from the Texas Homeland Security Strategic Plan (HSSp). List the Priority Action by number and text (e.g. 1.2.3 Expand and enhance the network of human sources that can provide detailed and relevant information on known or suspected terrorist and criminal enterprises.) 4.1.1 Develop regionally focused multi-discipline, all hazards response system that ensures each region statewide has the necessary response teams and resources. The NEFDA EDDteam deploys to not only its assigned Area of Responsibility, but to areas outside of the area as needed; providing assistance to locations whose primary Bnmb/EDD Squad might be otherwise assigned or gainfully employed elsewhere. 1[urgot Group : Identify the target group and population expected to benefit from this project. More than 500,000 residents in nnrtheastTarrant/snuthern Denton counties in addition to a total response area encompassing 16 counties with more than seven million people. |Lon8-1[ormnApproach: Describe how the applicant agency will maintain the capabilities supported by this project without additional federal or state funds. [fsustainment is dependent upon federal or state grants, describe the ongoing need for future grants, as applicable. The NEFDA EDD team shall be responsible for any training, maintenance, or any additional optional equipment costs for the Mini-Caliber SWAT Robot outside of the purchase costs allowed by this grant. Each Bnmb/EDD Squad shall be responsible for replacement of the Mini-Caliber SWAT Robot upon damage, destruction or obsolescence. Project Activities Information HSGP Instructions for Project Aubv 8o|odion Homeland Security Grant Program (HSGP) applicants should only select one project activity. The eGnants system will allow multiple selections, but each HSGP subnecipient project must fit into one and only one of the Investment Categories that are listed as project activities under the "Activity List". Urban Area Impact Identify the Urban Area Strategic Plan Goal and Objective that most closely aligns with this project. List the Goal/Objective specific to your Urban Area Strategic Plan by number and text (e.g, Goal 5: Intemopenab/e Communications. Sustain standards-based, shared systems with adequate coverage and capacity to facilitate seamless /ntenopenab/e communications throughout the Urban Area. Objective 2: Complete the deployment of standards-based shared systems tn serve the neg/on.) Interdiction and Disruption - Page 18of Regional TH[RA. Response/Recovery Mission Areas Goal 12 Enhance CBRNE Detection and Response Capability-Page 41 of Urban Area Strategy 2019 Update. Selected Project Activities: ACTIVITY PERCENTAGE: DESCRIPTION Addressing 100.00 Purchase of CBRNE or other equipment needed by EOD or other Emerging Threats emergency management personnel to address emerging threats. Measures Information hn»o://egrunto.gov.texuo.gov/Pr jectfGrantSnupohotFrocnS(l|L.uopx9GLDlD~~235DDFl/\-3... 11/4/2020 Grant Summary Page 7 of 15 Objective Output Measures OUTPUT MEASURE TARGET LEVEL Number of exercises conducted. 2 Number of First Responder or EMC personnel provided with new or updated 5 equipment. Number of individuals participating in 5 exercises. Number of operational coordination programs (EOCs/EOC systems or other 0 Incident Command structures) created, maintained or enhanced. Number of people trained. 5 Number of Special Response Teams 1 created, maintained or enhanced. Number of trainings conducted. 12 Objective Outcome Measures OUTCOME MEASURE TARGET LEVEL Percent (%) of responders at the appropriate incident command structure 100 (ICS) training level(s). Custom Output Measures CUSTOM OUTPUT MEASURE TARGET LEVEL Custom Outcome Measures CUSTOM OUTCOME MEASURE TARGET LEVEL https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 8 of 15 Resolution from Governing Body Applications from nonprofit corporations, local units of governments, and other political subdivisions must include a resolution that contains the following: 1. Authorization by your governing body for the submission of the application to the Public Safety Office (PSO) that clearly identifies the name of the project for which funding is requested; 2. A commitment to provide all applicable matching funds; 3. A designation of the name and/or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update the PSO should the official change during the grant period.); and 4. A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to PSO. Upon approval from your agency's governing body, upload the approved resolution to eGrants by going to the Upload.Files tab and following the instructions on Uploading eGrants Files. Contract Compliance Will PSO grant funds be used to support any contracts for professional services? Select the appropriate response: _Yes X No For applicant agencies that selected Yes above, describe how you will monitor the activities of the sub- contractor(s) for compliance with the contract provisions (including equipment purchases), deliverables, and all applicable statutes, rules, regulations, and guidelines governing this project. Enter a description for monitoring contract compliance: Lobbying For applicant agencies requesting grant funds in excess of $100,000, have any federally appropriated funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement? Select the appropriate response: _Yes X No _ N/A For applicant agencies that selected either No or N/A above, have any non-federal funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with this federal contract, loan, or cooperative agreement? _Yes X No _ N/A Fiscal Year Provide the begin and end date for the applicant agency's fiscal year (e.g., 09/01/20xx to 08/31/20xx). Enter the Begin Date [mm/dd/yyyy]: 10/1/2020 Enter the End Date [mm/dd/yyyy]: 9/30/2019 Sources of Financial Support Each applicant must provide the amount of grant funds expended during the most recently completed fiscal year for the following sources: https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 9 of 15 Enter the amount (in Whole Dollars $) of Federal Grant Funds expended: 63085 Enter the amount (in Whole Dollars $) of State Grant Funds expended: 63085 Single Audit Applicants who expend less than $750,000 in federal grant funding or less than $750,000 in state grant funding are exempt from the Single Audit Act and cannot charge audit costs to a PSO grant. However, PSO may require a limited scope audit as defined in 2 CFR Part 200, Subpart F - Audit Requirements. Has the applicant agency expended federal grant funding of $750,000 or more, or state grant funding of $750,000 or more during the most recently completed fiscal year? Select the appropriate response: _Yes X No Applicant agencies that selected Yes above, provide the date of your organization's last annual single audit, performed by an independent auditor in accordance with the State of Texas Single Audit Circular; or CFR Part 200, Subpart F - Audit Requirements. Enter the date of your last annual single audit: Debarment Each applicant agency will certify that it and its principals (as defined in 2 CFR Part 180.995): • Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal Court, or voluntarily excluded from participation in this transaction by any federal department or agency; • Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or • Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in the above bullet; and have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. Select the appropriate response: X I Certify _ Unable to Certify Enter the debarment justification: FFATA Certification Certification of Recipient Highly Compensated Officers - The Federal Funding Accountability and Transparency Act (FFATA) requires Prime Recipients (HSGD) to report the names and total compensation of each of the five most highly compensated officers (a.k.a. positions) of each sub recipient organization for the most recently completed fiscal year preceding the year in which the grant is awarded if the subrecipient answers YES to the FIRST statement but NO to the SECOND statement listed below. In the sub recipient's preceding completed fiscal year, did the sub recipient receive: (1) 80 percent or more of its annual gross revenue from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; AND (2) $25,000,000 or more in annual gross revenue from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements? _Yes X No Does the public have access to information about the compensation of the senior executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986? _Yes X No https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 10 of 15 If you answered YES to the FIRST statement and NO to the SECOND statement, please provide the name and total compensation amount of each of the five most highly compensated officers (a.k.a. positions) within your agency for the current calendar year. If you answered NO to the first statement you are NOT required to provide the name and compensation amounts. NOTE: "Total compensation" means the complete pay package of each of the sub recipient's compensated officers, including all forms of money, benefits, services, and in- kind payments (see SEC Regulations: 17 CCR 229.402). Position 1 - Name: Position 1 - Total Compensation ($): 0 Position 2 - Name: Position 2 - Total Compensation ($): 0 Position 3 - Name: Position 3 - Total Compensation ($): 0 Position 4 - Name: Position 4 - Total Compensation ($): 0 Position 5 - Name: Position 5 - Total Compensation ($): 0 Homeland Security Information FUND SOURCE INFORMATION AND REQUIREMENTS DHS Project Type: Develop capabilities to prevent, detect, and respond to improvised explosive device (IED) terrorist attacks. Capabilities Core Capability: Interdiction and Disruption Identify if this investment focuses on building new capabilities or sustaining existing capabilities. Existing Capabilities (Sustain) Are the assets or activities Deployable or Shareable: Deployable Check if this Investment requires new construction or renovation, retrofitting, or modification of existing structures Check if these funds will support a project that was previously funded with HSGP funding Proiect Manaaement Step Involved: Check the step that most closely resembles the phase of the project activities to be completed during the grant period. Step: Initiate Description: The authorization to begin work or resume work on any particular activity. Process: Involves preparing for, assembling resources and getting work started. May apply to any level, e.g. program, project, phase, activity, task. Milestones Milestone: Receive Quote; Completion Date: 12-01-2020 Milestone: Enter requisition for purchase; Completion Date: 12-15-2020 Milestone: Cut PO for equipment and send to vendor; Completion Date: 12-31-2020 https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 11 of 15 Milestone: Receive equipment; Completion Date: 05-01-2021 Milestone: Pay invoice; Completion Date: 08-01-2021 NIMS Resources Check if this project supports a NIMS typed resource Enter the name of the typed resources from the Resource Type Library Tool: Bomb Response Team Enter the ID of the typed resources from the Resource Type Library Tool: 6-158-1176 Fiscal Capability Information Section 1: Organizational Information *** FOR PROFIT CORPORATIONS ONLY *** Enter the following values in order to submit the application Enter the Year in which the Corporation was Founded: 0 Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status: 01/01/1900 Enter the Employer Identification Number Assigned by the IRS: 0 Enter the Charter Number assigned by the Texas Secretary of State: 0 Enter the Year in which the Corporation was Founded: Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status: Enter the Employer Identification Number Assigned by the IRS: Enter the Charter Number assigned by the Texas Secretary of State: Section 2: Accounting System The grantee organization must incorporate an accounting system that will track direct and indirect costs for the organization (general ledger) as well as direct and indirect costs by project (project ledger). The grantee must establish a time and effort system to track personnel costs by project. This should be reported on an hourly basis, or in increments of an hour. Is there a list of your organization's accounts identified by a specific number (i.e., a general ledger of accounts)? Select the appropriate response: _Yes No Does the accounting system include a project ledger to record expenditures for each Program by required budget cost categories? Select the appropriate response: _Yes No Is there a timekeeping system that allows for grant personnel to identify activity and requires signatures by the employee and his or her supervisor? Select the appropriate response: _Yes No If you answered 'No' to any question above in the Accounting System section, in the space provided below explain what action will be taken to ensure accountability. Enter your explanation: Section 3: Financial Capability Grant agencies should prepare annual financial statements. At a minimum, current internal balance sheet and income statements are required. A balance sheet is a statement of financial position for a grant agency disclosing assets, liabilities, and retained earnings at a given point in time. An income statement is a summary of revenue and expenses for a grant agency during a fiscal year. https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 12 of 15 Has the grant agency undergone an independent audit? Select the appropriate response: _Yes No Does the organization prepare financial statements at least annually? Select the appropriate response: _Yes No According to the organization's most recent Audit or Balance Sheet, are the current total assets greater than the liabilities? Select the appropriate response: _Yes No If you selected 'No' to any question above under the Financial Capability section, in the space provided below explain what action will be taken to ensure accountability. Enter your explanation: Section 4: Budgetary Controls Grant agencies should establish a system to track expenditures against budget and / or funded amounts. Are there budgetary controls in effect (e.g., comparison of budget with actual expenditures on a monthly basis) to include drawing down grant funds in excess of: a) Total funds authorized on the Statement of Grant Award? _Yes No b) Total funds available for any budget category as stipulated on the Statement of Grant Award? _Yes No If you selected 'No' to any question above under the Budgetary Controls section, in the space provided below please explain what action will be taken to ensure accountability. Enter your explanation: Section 5: Internal Controls Grant agencies must safeguard cash receipts, disbursements, and ensure a segregation of duties exist. For example, one person should not have authorization to sign checks and make deposits. Are accounting entries supported by appropriate documentation (e.g., purchase orders, vouchers, receipts, invoices)? Select the appropriate response: _Yes No Is there separation of responsibility in the receipt, payment, and recording of costs? Select the appropriate response: _Yes No If you selected 'No' to any question above under the Internal Controls section, in the space provided below please explain what action will be taken to ensure accountability. Enter your explanation: Budget Details Information https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF I A-3... 11/4/2020 Grant Summary Page 13 of 15 Budget Information by Budget Line Item: SUB CASH IN- CATEGORY CATEGORY DESCRIPTION OOG MATCH KIND GPI TOTAL UNIT/% MATCH Mini-CALIBER"Robot DESCRIPTION$/UNIT---- LINE TOTAL 1.0 CAL-MINI Comes standard with: •Rubber Tracks for traversing rough terrain and climbing stairs•Wirelessly Controlled Front and Rear Flippers with positional feedback with preset Home and Stair Climbing positions•Turreted Robotic Claw arm with 151bs lift and 5 axes of movement• lOx Color zoom camera on claw arm•Front and Rear Color/JR Drive Cameras Wide Angle color rear mast Equipment 030E-07- ca.mera•Color Claw camera• $47,500.00 $0.00 $0.00 $0.00 $47,500.00 1 ROBT Robots 2-Way Audio: Talk/Listen through the robot•LED drive lights for Front and Mast Cameras•Wireless RF control:2.4GHz Video, 900MHz Data•Portable, Lightweight,Handheld Controller 2x 24V DC Lithium-Iron- Phosphate Robot Battery Packs(lx onboard;x spare)&x 24V DC Battery Charger•2x 12V DC Lithiun-lon CCU Battery Packs(lx onboard;x spare)&x 12V DC Battery Charger•2 year limited warranty•Mini-iPad electronic manual with training videos and hard copy of operator manual MiniClaw Kit-2nd Generation The 2nd generation claw attachment kit includes specially designed tools to augment the capabilities of the Mini-CALIBER"'robot.Kit includes: key holder,PIZ camera Equipment 030E-07- extension to reach 9'(3m)high, $4,150.00 $0.00 $0.00 $0.00 $4,150.00 1 ROBT Robots box cutters,clothes cutter, extension poles,tire deflator,finger extension with porcelain tips, cutting hook,utility shears with ceramic blades,Cutabiner,multiple effectors and hook and line accessories. Equipment 030E-07- Carbon Fire10 Robot Adapter $6,650.00 $0.00 $0.00 $0.00 $6,650.00 1 ROBT Robots System 11 Includes:CarbonFirelO 11 Barrel;6"Titanium Water Shot Extension Barrel,MagFire T3 Breech;MagFire Breech Plug, Robot Barrel Mount+Dual Laser Sights&Picatinny Clamp-On Mount;EOD 12 Ga.Laser Boresighter;Tool Kit;Parachute Tube&Cap;Parachute;Parachute Retainer&Protective Cap, Polymer Carrying Case;Mini- CALIBER"Adapter Clamp Note: https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 14 of 15 Mini-CALIBER must have a firing circuit and Duke Pro CAL-OP002 to initiate disruptor. Firing Circuit AND Duke Pro 24V 030E-07- DC Firing Circuit AND Duke Pro Equipment ROBT Robots Single Channel Shock Tube $2,260.00 $0.00 $0.00 $0.00 $2,260.00 1 Initiator with mounting bracket for Mini-Caliber Robot. 030E-07- Mini Basic Spare Parts Kit- Equipment ROBT Robots Essential items to maintain and $1,575.00 $0.00 $0.00 $0.00 $1,575.00 1 repair your Mini-CALIBER robot Equipment 030E-07- Shipping and Handling $950.00 $0.00 $0.00 $0.00 $950.00 1 ROBT Robots Source of Match Information Detail Source of Match/GPI: DESCRIPTION MATCH TYPE AMOUNT Summary Source of Match/GPI: Total Report Cash Match In Kind GPI Federal Share GPI State Share $0.00 $0.00 $0.00 $0.00 $0.00 Budget Summary Information Budget Summary Information by Budget Category: CATEGORY OOG CASH MATCH IN-KIND MATCH GPI TOTAL Equipment $63,085.00 $0.00 $0.00 $0.00 $63,085.00 Budget Grand Total Information: OOG CASH MATCH IN-KIND MATCH GPI TOTAL $63,085.00 $0.00 $0.00 $0.00 $63,085.00 Condition i s Information https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Grant Summary Page 15 of 15 Condition of Funding / Project I Date I Date I Hold I Hold Line Item Requirement Created Met Funds Funds You are logged in as User Name: mhonza https:Hegrants.gov.texas.gov/Proj ect/GrantSnapshotFrom SQL.aspx?GUIID=23 5DDF 1 A-3... 11/4/2020 Office of the Governor Page 1 of 2 Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and Budget/Details' tabs.By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 4126201 Award Amount: $63,085.00 Date Awarded: 10/16/2020 Grantee Cash Match: $0.00 Grant Period: 10/01/2020-09/30/2021 Grantee In Kind Match: $0.00 Liquidation Date: 12/29/2021 Total Project Cost: $63,085.00 Program Fund: HS-Homeland Security Grant Program(HSGP) Grantee Name: North Richland Hills,City of Project Title: 2020 UASI-NEFDA EOD Robot Enhancement Grant Manager: Chelssie Lopez DUNS Number: 097985824 CFDA: 97.067-Homeland Security Grant Program(HSGP) Federal Awarding U.S.Department of Homeland Security,Federal Emergency Management Agency Agency: Federal Award 9/4/2020 Date: Federal/State Award ID EMW-2020-SS-00054 Number: Total Federal Award/State $98,320,229.00 Funds Appropriated: Pass Thru Entity Texas Office of the Governor—Homeland Security Grants Division(HSGD) Name: https://egrants.gov.texas.gov/prof ect/awardstatement.aspx?i2=4&i 1=10&gh=C 1-77-13-89-... 11/4/2020 Office of the Governor Page 2 of 2 Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to FederaUState the security of the United States. The HSGP provides funding to implement investments that build, Award sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal(the Description: Goal)of a secure and resilient Nation. The building, sustainment,and delivery of these core capabilities are not exclusive to any single level of government,organization,or community,but rather, require the combined effort of the whole community. https://egrants.gov.texas.gov/prof ect/awardstatement.aspx?i2=4&i 1=10&gh=C 1-77-13-89-... 11/4/2020 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11, 2021 SUBJECT: Ordinance No. 3678, Public Hearing and consideration to approve an amendment to the FY 2020/2021 Adopted Budget. PRESENTER: Robert Myers, Budget Director SUMMARY: The City Council is requested to open a public hearing and receive public comment on amendments to the 2020/2021 Adopted Budget. At the conclusion of the public hearing, Council is requested to consider the approval of Ordinance No. 3678, approving the proposed budget amendments. GENERAL DESCRIPTION: The Fiscal Year 2020/2021 Budget was adopted by the City Council on August 17, 2020 and became effective at the start of the fiscal year on October 1, 2020. On December 14, 2020 the City Council approved an amendment to the budget for COVID-19 purchases and the annual encumbrance roll. Since that time, events have occurred that require an amendment to the budget. The changes reflected in this amendment are summarized below. BUDGET AMENDMENTS: On November 4, 2020 voters approved the issuance of general obligation debt in the amount of$49.8 million to fund citywide street improvements. Tonight's amendment is in the total amount of $16,125,000 to add funding in the amount of $15,740,000 for new street projects as part of the street bond program and to add additional funding of $385,000 for the Iron Horse Boulevard Project as part of the street bond program. The new street projects proposed to be funded in FY 2021 as part of the street bond program include the following: • Bedford Euless Road - $3,415,000 • Glenview Drive West - $4,515,000 • Nor'East Drive - $1,530,000 • North Hills Drive - $2,120,000 • Meadow Oak Drive - $570,000 • Pearl Street - $690,000 • Southampton Drive - $1,080,000 IrLp NOKTH KICHLAN HILLS • Diamond Loch West Courts - $130,000 • Stonybrooke Drive - $870,000 • Nob Hill Drive - $820,000 Funding from tonight's proposed amendment includes funding for all costs associated with the reconstruction of these streets. Funding for these projects will be available through the planned spring 2021 debt issuance. In addition to the funding required for these new projects, staff is also requesting changes to the Iron Horse Boulevard Reconstruction project (ST2101) in order to adjust the project based on the receipt of a grant award from the U.S. Economic Development Administration (`EDA'). The project is requested to be split into the Iron Horse Boulevard East project and Iron Horse Boulevard West project for the following amounts. • Iron Horse Boulevard East project - $5,275,000 • Iron Horse Boulevard West project - $4,230,000 The total amount approved in the current budget for the original combined project is $9,120,000. The proposed split projects reflect an overall increase of$385,000 from the original combined project. Due to the anticipated timing of the project, staff updated cost estimates to account for inflation in construction expenses. Funding sources for these two projects include $4,220,000 in grant funds from the EDA, $1,825,000 in certificates of obligation, and $3,460,000 in general obligation debt. The impact of the amendment on the Fiscal Year 2020/2021 Capital Budget is summarized below. Amended 1.11.21 Amended Category 2020/21 Amendment 2020/21 Street & Sidewalk $14,235,550 $16,125,000 $30,360,550 Drainage 450,000 - 450,000 Utility 2,639,906 - 2,639,906 Parks & Recreation 664,000 - 664,000 Aquatic Park 125,000 - 125,000 Facilities 274,400 - 274,400 Major Capital Equipment 643,400 - 643,400 Economic Development - - - CI P Personnel 353,105 - 353,105 Other 517,511 - 517,511 Total CIP Project Expenditures $19,902,872 $16,125,000 $36,027,872 In order to amend the budget, the City is required to conduct a public hearing to receive public comments. A notice of public hearing was posted in the Star Telegram on Wednesday, December 30, 2020. w lowmikk IrLm NOKTH KICHLAND HILLS RECOMMENDATION: Approve Ordinance No. 3678. ORDINANCE NO. 3678 AN ORDINANCE AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; PROVIDING FOR THE FILING OF THE AMENDED BUDGET; 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, in accordance with Article XII of the City of North Richland Hills City Charter the City Manager shall authorize no expenditure over the total funds for expenditure in the overall budget unless the budget is amended by the same public notice procedure called for in adopting the budget; and WHEREAS, in accordance with Article XII of the City of North Richland Hills City Charter, a notice of public hearing was placed in the Star Telegram on December 30, 2020, at least ten (10) days prior to the public hearing; and WHEREAS, the City Manager of the City of North Richland Hills submitted an amended budget for the fiscal year beginning October 1, 2020, and ending September 30, 2021 to the City Council as required by the City Charter of the City of North Richland Hills; and WHEREAS, after full and final consideration, the City Council is of the opinion that the budget should be approved and amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The amended budget for the City of North Richland Hills, Texas, for the Fiscal Year beginning October 1, 2020 and ending September 30, 20217 as set forth in Attachments A and B, is hereby amended and approved as filed herewith. A copy of the amended budget shall be filed with the City Secretary. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, City of North Richland Hills, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. Ordinance No. 3678 Page 1 of 2 SECTION 3. 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 4. This ordinance shall be in full force and effect from and after its passage as provided by law, and it is so ordained. PASSED AND APPROVED on this the 11th day of January, 2021. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Robert Myers, Budget & Research Director Ordinance No. 3678 Page 2 of 2 ATTACHMENT A Summary of Project Expenditures 2020/21 Amended Capital Improvement Program By Category Amended 1.11.21 Amended Category 2020/21 Amendment 2020/21 Street & Sidewalk $14,235,550 $16,125,000 $30,360,550 Drainage 450,000 - 450,000 Utility 2,639,906 - 2,639,906 Parks & Recreation 664,000 - 664,000 Aquatic Park 125,000 - 125,000 Facilities 274,400 - 274,400 Major Capital Equipment 643,400 - 643,400 Economic Development - - - CIP Personnel 353,105 - 353,105 Other 517,511 - 517,511 Total CIP Project Expenditures $19,902,872 $16,125,000 $36,027,872 ATTACHMENT B Street&'Sidewalk Capital Projects Department Project Title Project Number Public Works Bedford Euless Road Reconstruction IST21 11 Project Description The project consists of engineering and construction of approximately 2,800 linear feet of Bedford Euless Road from Booth Calloway Road to just east of Strummer Drive. The improvements include reconstructing the existing roadway with reinforced concrete, including the addition of pedestrian facilities. The road will be reconstructed within the existing right-of-way based on the Transportation Plan recommendation that the section be reduced to a three-lane configuration;this is not a roadway expansion. Project Justification Bedford Euless Road is a minor arterial in the City's roadway network,and this portion of the roadway carries approximately 12,000 vehicles per day. The current pavement condition rating is 8.9 on a scale of 1-100,and has deteriorated to the point that full reconstruction is warranted. In the 2019 Citizen's Survey, Bedford Euless Road was one of often cited in response to the question of which streets are in most need of repair. Project Schedule Beginning Date Ending Date 16udgeiffisiory Professional Services Engineering/Design 12/14/2020 12/31/2021 Land/ROW Acquisition Construction 1/1/2021 5/1/2023 Other Total Project I I I I I I Total Project Costs Uuri:6s of Funds To Rate 2026-21 2021-22 2022to Total Arnbunt' Amendment Estimated Completion' General Obligation Bonds 3,415,000 3,415,000 Certificate of Obligation - Federal/State Grants Reserves Sales Tax Other - Total Funding $ $ 3,415,000 $ $ $ 3,415,000 Ti tall Project Costs Professional Services - Engineering/Design 341,500 341,500 Land/ROW Acquisition Construction 3,073,500 3,073,500 Other - Total Costs $ $ 3,415,000 $ $ $ 31415,000 Impact on Operating Budget Estimated'Annual 1 1 2020-2021 1 1 2021-2022 1 1 2022-2023' 1 1 2623-2024, 5-Year total Operating Impact ATTACHMENT B Street&'Sidewalk Capital Projects Department Project Title Project Number Public Works Glenview Drive West Project IST21 10 Project Description The project consists of engineering and construction of approximately 3,100 linear feet of Glenview Drive from Honey Lane to the city limit line just east of Big Fossil Creek. The improvements include reconstructing the existing roadway with reinforced concrete, including the addition of sidewalks. The road will be rebuilt to its current width;this is not a roadway expansion. Project Justification Glenview Drive is a minor arterial in the City's roadway network,and this portion of the roadway carries over 18,000 vehicles per day. The current pavement condition rating is 31.3 on a scale of 1-100,and has deteriorated to the point that full reconstruction is warranted. In the 2019 Citizen's Survey, Glenview Drive was street that received the highest number of mentions in response to the question of which streets are in most need of repair. Project Schedule Beginning Date Ending Date 16udgeiffisiory Professional Services Engineering/Design 12/14/2020 12/31/2021 Land/ROW Acquisition Construction 1/1/2021 5/1/2023 Other Total Project I I I I I I Total Project Costs Uuri:6s of Funds To Rate 2026-21 2021-22 2022to Total Arnbunt' Amendment Estimated Completion' General Obligation Bonds 4,515,000 4,515,000 Certificate of Obligation - Federal/State Grants Reserves Sales Tax Other - Total Funding $ $ 4,515,000 $ $ $ 4,515,000 Ti tall Project Costs Professional Services - Engineering/Design 451,500 451,500 Land/ROW Acquisition Construction 4,063,500 4,063,500 Other - Total Costs $ $ 4,515,000 $ $ $ 41515,000 Impact on Operating Budget Estimated'Annual 1 1 2020-2021 1 1 2021-2022 1 1 2022-2023' 1 1 2623-2024, 5-Year total Operating Impact ATTACHMENT B Street&'Sidewalk Capital Projects Department Project Title Project Number Public Works Nor'East Drive Reconstruction IST2112 Project Description The project consists of the design and reconstruction of approximately 2,500 linear feet of Nor'East Drive from the dead end to Davis Boulevard. The improvements include reconstructing the existing roadway with new full-depth subgrade, limited curb and gutter replacement,and asphalt pavement. The road will be reconstructed within the existing right-of-way in its current configuration;this is not a roadway expansion. Project Justification A 2020 Capital Program Advisory Committee evalutated the city's infrastructure needs and due to poor road conditions, recommended that Nor'East Drive be reconstructed. The committee considered several factors when recommending street projects including existing pavement conditions,traffic volumes, maintenance records,and estimated project costs. Nor'East Drive is a local or residential street in the City's roadway network,and this portion of the roadway carries approximately 1,300 vehicles per day. The current pavement condition rating is 15.7 on a scale of 1-100,and has deteriorated to the point that full reconstruction is warranted. Project Schedule Beginning Date Ending Date 16udgeiHisiory Professional Services Engineering/Design 12/14/2020 3/1/2021 Land/ROW Acquisition Construction 3/1/2021 10/1/2021 Other Total Project I I Total Project Costs Uuri:6s of Funds To Rate 2026-21 2021-22 2022to Total Arnbunt' Amendment Estimated Completion' General Obligation Bonds 1,530,000 1,530,000 Certificate of Obligation - Federal/State Grants Reserves Sales Tax Other Total Funding $ $ 1,530,000 $ $ $ 1,530,000 Ti tall Project Costs Professional Services - Engineering/Design 15,000 15,000 Land/ROW Acquisition - Construction 1,515,000 1,515,000 Other - Total Costs $ $ 1,530,000 $ $ $ 1,530,000 Impact on Operating Budget Estimated'Annual 1 1 2020-2021 1 1 20211-2022 1 1 2022-2023' 1 1 2623-2024, 5-Year total Operating Impact ATTACHMENT B Street& SideWatk Ca' pi al PGOjectS Department Project Title Project Number Public Works North Hills Drive Reconstruction IST2113 Project Description The project consists of the design and reconstruction of approximately 3,600 linear feet of North Hills Drive from the City Llmit to Wendell Drive. The improvements include reconstructing the existing roadway with new full-depth subgrade, limited curb and gutter replacement,and new asphalt pavement. The road will be reconstructed within the existing right-of-way in its current configuration; this is not a roadway expansion. Project Justification A 2020 Capital Program Advisory Committee evalutated the city's infrastructure needs and due to poor road conditions, recommended that North Hills Drive be reconstructed. The committee considered several factors when recommending street projects including existing pavement conditions,traffic volumes, maintenance records,and estimated project costs. North Hills Drive is a local or residential street in the City's roadway network. The current pavement condition rating is 11.3 on a scale of 1- 100,and has deteriorated to the point that full reconstruction is warranted. Project Schedule Beginning Date Ending Date Budget History Professional Services Engineering/Design 12/14/2020 3/1/2021 Land/ROW Acquisition Construction 3/1/2021 10/1/2021 Other Total Project Total Project Costs Ss6urceta of Funds To Date 2020-21 202122 2022to Total Afn6un4 Armendmdrjt Estimated' Completion General Obligation Bonds 2,120,000 2,120,000 Certificate of Obligation - Federal/State Grants Reserves Sales Tax Other Total Funding $ $ 2,120,000 $ $ $ 2,120,000 Total Project Costs Professional Services - Engineering/Design 1 15,000 1 15,000 Land/ROW Acquisition - Construction 2,105,000 2,105,000 Other Total Costs $ $ 2,120,000 $ $ $ 2,120,000 Impact on Operating Budget Estlmate'c#Annual 1 1 2020-2021 1 1 2021 2022 1 1 2022-2023 '1 2023-2024, 5-Year Ti6tal loperatjng lm act ATTACHMENT B Street&'Sidewalk Capital Projects Department Project Title Project Number Public Works Meadow Oak Drive Reconstruction IST2114 Project Description The project consists of the design and reconstruction of approximately 900 linear feet of Meadow Oaks Drive from Dick Lewis to Buenos Aires. The improvements include reconstructing the existing roadway with new full-depth subgrade, limited curb and gutter replacement,and new asphalt pavement. The road will be reconstructed within the existing right-of-way in its current configuration; this is not a roadway expansion. Project Justification A 2020 Capital Program Advisory Committee evalutated the city's infrastructure needs and due to poor road conditions, recommended that Meadow Oak Drive be reconstructed. The committee considered several factors when recommending street projects including existing pavement conditions,traffic volumes, maintenance records,and estimated project costs. Meadow Oak Drive is a local or residential street in the City's roadway network. The current pavement condition rating is 13.6 on a scale of 1- 100,and has deteriorated to the point that full reconstruction is warranted. Project Schedule Beginning Date Ending Date 16udgeiHisiory Professional Services Engineering/Design 10/1/2021 2/1/2022 Land/ROW Acquisition Construction 3/1/2022 9/30/2022 Other Total Project I I Total Project Costs Uuri:6s of Funds To Rate 2026-21 2021-22 2022to Total Arnbunt' Amendment Estimated Completion' General Obligation Bonds 570,000 570,000 Certificate of Obligation Federal/State Grants Reserves Sales Tax Other Total Funding $ $ 570,000 $ $ $ 570,000 Ti tall Project Costs Professional Services - Engineering/Design 15,000 15,000 Land/ROW Acquisition - Construction 555,000 555,000 Other Total Costs $ $ 570,000 $ $ $ 570,000 Impact on Operating Budget Estimated'Annual 1 1 2020-2021 1 1 20211-2022 1 1 2022-2023' 1 1 2623-2024, 5-Year total Operating Impact ATTACHMENT B Street&'Sidewalk Capital Projects Department Project Title Project Number Public Works Pearl Street Reconstruction IST2115 Project Description The project consists of the design and reconstruction of approximately 1,100 linear feet of Pearl Street from Freda Lane to the alley in Hometown. The improvements include reconstructing the existing roadway with new full-depth subgrade, limited curb and gutter replacement,and new asphalt pavement. The road will be reconstructed within the existing right-of-way in its current configuration; this is not a roadway expansion. Project Justification A 2020 Capital Program Advisory Committee evalutated the city's infrastructure needs and due to poor road conditions, recommended that Pearl Street be reconstructed. The committee considered several factors when recommending street projects including existing pavement conditions,traffic volumes, maintenance records,and estimated project costs. Pearl Street is a local or residential street in the City's roadway network. The current pavement condition rating is 14.5 on a scale of 1-100,and has deteriorated to the point that full reconstruction is warranted. Project Schedule Beginning Date Ending Date 16udgeiffisiory Professional Services Engineering/Design 10/1/2021 2/1/2022 Land/ROW Acquisition Construction 3/1/2022 9/30/2022 Other Total Project I I Total Project Costs Uuri:6s of Funds To Rate 2026-21 2021-22 2022to Total Arnbunt' Amendment Estimated Completion' General Obligation Bonds 690,000 690,000 Certificate of Obligation Federal/State Grants Reserves Sales Tax Other Total Funding $ $ 690,000 $ $ $ 690,000 Ti tall Project Costs Professional Services - Engineering/Design 15,000 15,000 Land/ROW Acquisition - Construction 675,000 675,000 Other Total Costs $ $ 690,000 $ $ $ 690,000 Impact on Operating Budget Estimated'Annual 1 1 2020-2021 1 1 20211-2022 1 1 2022-2023' 1 1 2623-2024, 5-Year total Operating Impact ATTACHMENT B Street&'Sidewalk Capital Projects Department Project Title Project Number Public Works iSouthampton Drive Reconstruction IST2116 Project Description The project consists of the design and reconstruction of approximately 1,700 linear feet of Southampton Drive from Wakefield Road to Chapman Road. The improvements include reconstructing the existing roadway with new full-depth subgrade, limited curb and gutter replacement,and new asphalt pavement. The road will be reconstructed within the existing right-of-way in its current configuration;this is not a roadway expansion. Project Justification A 2020 Capital Program Advisory Committee evalutated the city's infrastructure needs and due to poor road conditions, recommended that Southampton Drive be reconstructed. The committee considered several factors when recommending street projects including existing pavement conditions,traffic volumes, maintenance records,and estimated project costs. Southampton Drive is a local or residential street in the City's roadway network. The current pavement condition rating is 9.4 on a scale of 1-100, and has deteriorated to the point that full reconstruction is warranted. Project Schedule Beginning Date Ending Date 16udgeiHisiory Professional Services Engineering/Design 10/1/2021 2/1/2022 Land/ROW Acquisition Construction 3/1/2022 9/30/2022 Other Total Project I I Total Project Costs Uuri:6s of Funds To Rate 2026-21 2021-22 2022to Total Arnbunt' Amendment Estimated Completion' General Obligation Bonds 1,080,000 1,080,000 Certificate of Obligation - Federal/State Grants Reserves Sales Tax Other Total Funding $ $ 1,080,000 $ $ $ 1,080,000 Ti tall Project Costs Professional Services - Engineering/Design 15,000 15,000 Land/ROW Acquisition - Construction 1,065,000 1,065,000 Other Total Costs $ $ 1,080,000 $ $ $ 1,080,000 Impact on Operating Budget Estimated'Annual 1 1 2020-2021 1 1 20211-2022 1 1 2022-2023' 1 1 2623-2024, 5-Year total Operating Impact ATTACHMENT B Street& Sidewalk Capital Projects Department Project Title Project Number Public Works Diamond Loch West Courts Reconstruction IST2118 Project Description The project consists of the design and reconstruction of approximately 200 linear feet of two Diamond Loch West courts from located off of the main Diamond Loch West roadway. The improvements include reconstructing the existing roadway with new full- depth subgrade, limited curb and gutter replacement,and new asphalt pavement. The road will be reconstructed within the existing right-of-way in its current configuration;this is not a roadway expansion. Project Justification A 2020 Capital Program Advisory Committee evalutated the city's infrastructure needs and due to poor road conditions, recommended that two Diamond Loch West courts be reconstructed. The committee considered several factors when recommending street projects including existing pavement conditions,traffic volumes, maintenance records,and estimated project costs. Diamond Loch West is a local or residential street in the City's roadway network. The current pavement condition rating is approximately 10 on a scale of 1-100,and has deteriorated to the point that full reconstruction is warranted. Project Schedule Beginning Date Ending Date Budget History Professional Services Engineering/Design 10/1/2021 2/1/2022 Land/ROW Acquisition Construction 3/1/2022 9/30/2022 Other Total Project I I Total Project Costs Uuri:6s of Funds T4 pate 2020-21! 202122 2022 to Total Amidunt�; AMendment Estimated completion' General Obligation Bonds 130,000 130,000 Certificate of Obligation - Federal/State Grants Reserves Sales Tax Other Total Funding $ $ 130,000 $ $ $ 130,000 Total Project Costs Professional Services - Engineering/Design 15,000 15,000 Land/ROW Acquisition - Construction 115,000 115,000 Other - Total Costs $ $ 130,000 $ $ $ 130,000 Impact on Operating Budget Estimate#Annual 2020-2021 10212022 20222023' 2023-2024 5-Year Total '! O esratin "1nr act ATTACHMENT B Street& Sidewalk Capital Projects Department Project Title Project Number Public Works iStonybrooke Drive Reconstruction IST2119 Project Description The project consists of the design and reconstruction of approximately 1,240 linear feet of Stonybrooke Drive from Stephanie Drive to approximately 340'north of Hightower.The improvements include reconstructing the existing roadway with new full-depth subgrade, limited curb and gutter replacement,and new asphalt pavement. The road will be reconstructed within the existing right- of-way in its current configuration;this is not a roadway expansion. Project Justification A 2020 Capital Program Advisory Committee evalutated the city's infrastructure needs and due to poor road conditions, recommended that Stonybrooke Drive be reconstructed. The committee considered several factors when recommending street projects including existing pavement conditions,traffic volumes, maintenance records,and estimated project costs. Stonybrooke Drive is a local or residential street in the City's roadway network. The current pavement condition rating is 24 on a scale of 1-100, and has deteriorated to the point that full reconstruction is warranted. Project Schedule Beginning Date Ending Date Budget History Professional Services Engineering/Design 10/1/2022 2/1/2023 Land/ROW Acquisition Construction 3/1/2023 9/30/2023 Other Total Project I I Total Project Costs Uuri:6s of Funds T4 pate 2020-21! 202122 2022 to Total Amidunt�; AMendment Estimated completion' General Obligation Bonds 870,000 870,000 Certificate of Obligation - Federal/State Grants Reserves Sales Tax Other Total Funding $ $ 870,000 $ $ $ 870,000 Total Project Costs Professional Services - Engineering/Design 15,000 15,000 Land/ROW Acquisition - Construction 855,000 855,000 Other - Total Costs $ $ 870,000 $ $ $ 870,000 Impact on Operating Budget Estimate#Annual 2020-2021 10212022 20222023' 2023-2024 5-Year Total '! O esratin "1nr act ATTACHMENT B Street& Sidewalk Capital Projects Department Project Title Project Number Public Works Nob Hill Drive Reconstruction IST2120 Project Description The project consists of the design and reconstruction of approximately 1,365 linear feet of Nob Hill Drive from just west of High Oaks Drive to the dead end. The improvements include reconstructing the existing roadway with new full-depth subgrade, limited curb and gutter replacement,and new asphalt pavement. The road will be reconstructed within the existing right-of-way in its current configuration;this is not a roadway expansion. Project Justification A 2020 Capital Program Advisory Committee evalutated the city's infrastructure needs and due to poor road conditions, recommended that Nob Hill Drive be reconstructed. The committee considered several factors when recommending street projects including existing pavement conditions,traffic volumes, maintenance records,and estimated project costs. Nob Hill Drive is a local or residential street in the City's roadway network. The current pavement condition rating is 9.8 on a scale of 1-100,and has deteriorated to the point that full reconstruction is warranted. Project Schedule Beginning Date Ending Date Budget History Professional Services Engineering/Design 10/1/2022 2/1/2023 Land/ROW Acquisition Construction 3/1/2023 9/30/2023 Other Total Project I I Total Project Costs Uuri:6s of Funds T4 pate 2020-21! 202122 2022 to Total Amidunt�; AMendment Estimated completion' General Obligation Bonds 820,000 820,000 Certificate of Obligation Federal/State Grants Reserves Sales Tax Other Total Funding $ $ 820,000 $ $ $ 820,000 Total Project Costs Professional Services - Engineering/Design 15,000 15,000 Land/ROW Acquisition - Construction 805,000 805,000 Other Total Costs $ $ 820,000 $ $ $ 820,000 Impact on Operating Budget Estimated Annual 2020-2021 10212022 20222023' 2023-2024 5-Year Total '! O esratin "1nr act Street & Sidewalk Capital Projects Iron Horse East Boulevard Reconstruction ST2101 PROJECT DESCRIPTION&JUSTIFICATION Reconstruct a 1.2 mile stretch of Iron Horse Boulevard from York Street to Browning Drive. The project replaces the current asphalt with concrete roadway, in addition to curb, gutter,sidewalks, raised medians and drainage. Current road coniditon is poor and is critical road used by Prestige Ameritech, ESNA Aerospace and Tyson Prepared Foods. A 2020 Capital Program Advisory Committee evaluated the city's infrastructure needs and due to poor road conditions, recommended that Iron Horse Boulevard be reconstructed. The Committee considered several factors when recommending street projects including existing pavement conditions, traffic volumes, maintenance records, input from citizens surveys and estimated costs. Funding: Funding for this project is proposed from Certificates of Obligation and from the Economic Development Administration. PROJECT STATUS ORIGINAL 2020121 ORIGINAL 2020121 START DATE REVISION END DATE REVISION Professional Services 12/2020 10/2022 Engineering 12/2020 03/2021 06/2021 03/2022 Land/ROW Acquisition Construction 09/2021 05/2022 09/2022 08/2023 Other 12/2020 10/2022 REVISION EXPLANATION The original Iron Horse project included both the sections both East and West of Rufe Snow Drive. The larger project has now been split into two separate projects,with the Iron Horse (East)project receiving grant funding. The remaining Iron Horse (West)project from Browning to Rufe Snow will be managed separately with bond funding only. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THRU REMAINING PROJECT 2020/21 REVISION 2020/21 BALANCE COST FUNDING SOURCES Certificates of Obligation $1,825,000 ($770,000), $1,055,000 $1,055,000 Federal Grant 7,295,000 (3,075,000) 4,220,000 $4,220,000 0 $0 0 $0 0 $0 Total $9 120 000 $3 845 000 $5 275 000 $0 $5 275 000 PROJECT EXPENDITURES Professional Services $136,800 ($136,800) $0 $0 Engineering/Design 793,440 (126,840) 666,600 $666,600 Land/ROW Acquistion 0 0 0 $0 Construction 7,122,720 (2,514,320) 4,608,400 $4,608,400 Other 1,067,040 (1,067,040) 0 $0 Total $9,120,000 1 ($3,845,000)1 $5,275,000 1 $0 $5,275,000 IMPACT ON OPERATING BUDGET ANNUAL OPERATING IMPACT 1 2020/21 1 2021/22 2022/23 1 2023/24 1 2024/25 1 TOTAL Projected I I I 1 1 $0 ATTACHMENT B Street&'Sidewalk Capital Projects Department Project Title Project Number Public Works Iron Horse Boulevard West Reconstruction IST2117 Project Description The project consists of the design and reconstruction of approximately 2,000 linear feet of Iron Horse Boulevard from Browning Drive to Rufe Snow Drive. The improvements include reconstructing the existing roadway with reinforced concrete, including the addition of pedestrian facilities. The road will be reconstructed within the existing 80'right-of-way in its current four-lane divided configuration;this is not a roadway expansion. Project Justification A 2020 Capital Program Advisory Committee evalutated the city's infrastructure needs and due to poor road conditions, recommended that Iron Horse Boulevard be reconstructed. The committee considered several factors when recommending street projects including existing pavement conditions,traffic volumes, maintenance records,citizen input and estimated project costs. Iron Horse Blvd. is a minor arterial in the City's roadway network,and this portion of the roadway carries approximately 5,200 vehicles per day. The current pavement condition rating is 16.7 on a scale of 1-100,and has deteriorated to the point that full reconstruction is warranted. Project Schedule Beginning Date Ending Date 16udgeiHisiory Professional Services Engineering/Design 10/1/2021 10/1/2022 Land/ROW Acquisition Construction 10/1/2022 1/1/2024 Other Total Project I I I I I I Total Project Costs Uuri:6s of Funds To Rate 2026-21 2021-22 2022to Total Arnbunt' Amendment Estimated Completion' General Obligation Bonds 3,460,000 3,460,000 Certificate of Obligation 770,000 770,000 Federal/State Grants - Reserves Sales Tax Other Total Funding $ $ 4,230,000 $ $ $ 4,230,000 Ti tall Project Costs Professional Services - Engineering/Design 609,300 609,300 Land/ROW Acquisition - Construction 3,620,700 3,620,700 Other - Total Costs $ $ 4,230,000 $ $ $ 4,230,000 Impact on Operating Budget Estimated'Annual 1 1 2020-2021 1 1 2021-2022 1 1 2022-2023' 1 1 2623-2024, 5-Year total Operating Impact IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11 , 2021 SUBJECT: Authorize second and final one-year contract extension with Republic Waste Services of Texas, LTD for solid waste and recycling services. PRESENTER: Karen Manila, Assistant City Manager SUMMARY: The City's contract for solid waste and recycling collection services with Republic Waste Services of Texas, Ltd., had an initial five year term, which expired January 31, 2020. The contract includes the option to extend the contract for two additional one-year terms. The first one-year extension was approved by City Council November 11, 2019. This agenda item is a request to authorize the final one-year extension to the original contract. GENERAL DESCRIPTION: On December 8, 2014, City Council approved a contract with Republic Waste Services of Texas, LTD., to provide solid waste and recycling collection services to the City of North Richland Hills. The contract was for a five year period beginning February 1, 2015 and ending January 31, 2020. Included in the contract is an option to extend the contract for two additional one year terms. At the November 11 , 2019 City Council meeting, the City Council approved the first one-year extension of the contract. Staff is requesting City Council approve the final one-year extension to the original contract through January 31, 2021 . This request is to authorize the final contract extension through January 31, 2022. Included as part of the extension is an increase to residential and commercial rates, as allowed by the contract. Residential rates are proposed to increase to $17.31 per month, or 2.75%. Commercial rates are proposed to increase by 3%. Both increases are the minimum annual rate adjustment as stipulated in the contract. No increases are proposed to the Arlington Landfill rate schedule for North Richland Hills residents. All conditions included in the original contract would remain in place with the extension. Contract terms include: • Twice a week "take all" service on Monday/Thursday or Tuesday/Friday • Once a week residential curbside recycling on one of the regularly scheduled trash days • Curbside Christmas tree collection, plus central drop-off locations • $15,000 donation each year to Keep NRH Beautiful • $10,000 per year donation for senior programming • Landfill privileges for residents 0 Dedicated route supervisor for North Richland Hills IrLp NOKTH KICHLAN HILLS Staff had hoped to renegotiate a new contract with Republic over the last year, as directed by City Council; however, the challenges presented by the COVID pandemic made renegotiation of a new contract very difficult. As this is the final extension to the 2015 contract there are two options available for future solid waste and recycling collection services: Issue a request for proposal or negotiate with Republic Waste on a new contract. Staff is seeking guidance from City Council on which way to proceed. RECOMMENDATION Authorize second and final one-year contract extension with Republic Waste Services of Texas, LTD for solid waste and recycling services. SOLID WASTE AND RECYCLING COLLECTION CONTRACT THIS CONTRACT (the "CONTRACT") is made and entered into on January,_12, 2015 , by and between the CITY OF NORTH RICHLAND HILLS, a municipal corporation of Tarrant County, Texas (hereinafter referred to as "CITY") and REPUBLIC WASTE SERVICES OF TEXAS, IA ❑, a Texas limited partnership(hereinafter referred to as"CONTRACTOR") WHEREAS, the CITY desires to provide residential and commercial customers within its corporate limits with solid waste collection, transport, disposal and recycling services for a term of 5 years ending January 31,2020; and WHEREAS, the CITY strong]),encourages customers and the CONTRACTOR to actively pursue recycling opportunities in order to attain State recycling goals; and WHEREAS, the CONTRACTOR has provided the CITY with a response to its Request for Proposals(RFP)dated July 30. 2014 for solid waste disposal and recycling services on a Contract basis NOW, THEREFORE, in consideration of the mutual agreements hereinafter contained and in order to preserve and protect the public health of the citizens of the CITY it is hereb}• understood and agreed by the parties hereto as follows- I Grant. CITY hereby grants to CONTRACTOR a Contract to engage in the business of collecting and disposing of all residential and commercial Acceptable Waste as defined herein below which is generated %within the corporate limits of the CITY and. further, hereby grants to CONTRACTOR a license and permit to use the public streets, alleys, easements and thoroughfares within the limits of the CITY for said business during the term of this Contract 2 Term. The term of this Contract shall be for five (5)years commencing on February 1, 2015 and terminating on January 31,2020,with options to extend the Contract for two (2)additional one(1)rear terms These options may be exercised by mutual agreement of the parties. 3 Definitions. Wherever used herein, the hereinafter listed terms shall 11ave the following meanings a) Acceptable Brush: Tree trimmings that are tied in Bundles,and stacked at curbside Tree trimmings cannot be the result of commercial tree trimming services. b) Residential Construction Debris. Waste building materials generated by the homeowner at their residence resulting from construction, remodeling, repair, or demolition operations. The term Residential Construction Debris does not include dirt, concrete. rocks, bricks, or roofing shingles, or waste generated as a result of contractor scr%-ices used for the activities described above cy Acceptable Fencing Fence panels cut into four(4') feet by six(6') feet sections Loose pickets must be tied and in Bundles. d) Acceptable Waste, Any and all nonhazardous waste that is Solid Waste, including Yard Waste, Trash, Bundles and Bulky Waste, Acceptable Brush and Acceptable Fencing. , except for"Unacceptable Waste". as defined herein SOLID WASTE AND RECYCLING COLLECTION CONTRACT..............................................................................PAGE 1 9761582 1/011379 0996 e) Backdoor Garbage Service (Elective Carry-Out Service): Acceptable Waste pick up from behind the building line. The waste shall be placed in front of the building facing the street in such a manner clearly visible from the street as to be accessible without entering a gate. Backdoor Garbage Service shall be provided at an additional charge as later specified in this document for all residential households who request the service f) Bulky Waste Stoves, refrigerators (with verification that CFC components have been removed by a certified technician), Residential Construction Debris, Acceptable Fencing, water tanks, hot water heaters, washing machines, furniture and other waste materials with weights or volumes greater than those allowed for containers but does not include Unacceptable Waste g) Bundles: Tree and shrub trimmings or loose fence pickets that are cut into lengths no longer than four (4') feet and tied into bundles that weigh no more than fifty(50)pounds in weight. h) By-Products With Residual Value: Any excess industrial, manufacturing or commercial by-products or significant and constant volumes of materials of a company which have a residual value on the open market, (such as cardboard and packing materials) i) Commercial Containers- Metal containers supplied by CONTRACTOR affording adequate capacity to service a customer s❑ as to prevent spillage, unsightly and unsanitary conditions. j y Curbside Service: Acceptable Waste or Recyclable Materials to be picked up by the CONTRACTOR will be located at the curbside of the street bearing the customer's address or, if there is no curb, where the customer's property line meets the street. k) Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste building materials,automobile frames, or large, uncut stead trees. l) Disposable Containers. Any plastic bag or cardboard box with a capacity or volume of thirty three (33) gallons or less and which is capable or containing solid waste or trash without leaking or emitting odors, and which weighs, when loaded, less than fifty(50)pounds my Ilazardous Waste— includes, but is not limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to Resource Conservation and Recovery Act of 1976, and including future amendments thereto, and any other applicable law. n) Loose Brush- Tree and shrub trimmings that are not easily placed in disposable containers or Bundles. o) Multi-Family/Apartment Residential Complex. A structure in which three or more families reside and claim as their permanent address. SOLID WASTE AND RECYCLING COLLECTION CONTRACT..............................................................................PAGE 2 971,1582 1 iOl 137Q 0996 p) Permanent Containers Any closed, waterproof, plastic or metal container or can with a capacity or volume of thirty three(33)gallons or less and which is capable of containing solid waste or trash without leaking or emitting odors, and which weighs, when loaded, less than (50)pounds. q) Recyclable Materials- Metal Cans Rinse metal cans and place in bin. Aluminum Cans- Aluminum beverage cans. Glass: Clear, green and brown glass bottles and jars No mirrors, window glass, plate glass or light bulbs. Plastic Bottles: Only plastic bottles with recycling symbols, #1. 42, 413, 94, #5, and 97. Examples include, milk bottles, soft drink liter bottles, detergent bottles, cleaning bottles and shampoo bottles. Rinse and remove 1 ids Newspapers, Magazines, Catalogs Newspapers, magazines and catalogs including slick and glossy inserts. Junk Mail, Cardboard. Junk mail,envelopes, cereal boxes,cardboard, Paper chipboard and other household paper. Mixed Household No tissues, wet paper or paper contaminated Nvith food products are acceptable All cardboard must be broken down to a size that will fit inside the cart. Other: Items that are mutually agreed to be recyclable by CITY and CONTRACTOR, or as a result of changes 1n any local, state or federal laws, ordinances or regulation. r) Recycling Containers: A sixty-five (65)or ninety-five(95)gallon plastic wheeled container, to be used for the storage and placement of Recyclable Materials at a Residential or Commercial Premise. Any container must be approNred by the CITY. s} Solid Waste Waste animal or vegetable matter (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable of emitting noxious odors, as such is defined under the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder and that is acceptable for disposal in a Landfill. Solid Waste does not include Unacceptable Waste. 0 Special Waste: Any waste, even though it may be part of a delivered load of waste excluding insignificant quantities found in residential waste, which is SOLID WASTE AND RECI CLING COLLECTION CONTRACT..............................................................................PAGE 3 97t+1582 10011379(1996 (1) defined as such by the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder;or (2) medical waste, including infectious or pathological waste from laboratories, research facilities,and health and veterinan•facilities, and (3) dead animals and/or slaughterhouse waste; or (4) sludge waste, including water supply treatment plant sludge and stabilized and/or un-stabilized sludge from municipal or industrial wastewater treatment plants, or (5) liquid waste, which for the purposes of this Contract means any waste material that is determined to be or contain "free liquid" by the paint filter test(EPA Method 9095);or (6) Haste from an industrial process; or (7) waste from a pollution control process; or (8) waste transported in a bulk tanker, or (9) friable and/or non-friable asbestos waste, or (10) empty containers which have been used for pesticides, herbicides, fungicides,or rodenticides;or (11) containerized waste(e g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in this definition, or (12) residue or debris from the cleanup of a spill or release of chemical substances, commercial products or other wastes listed in this definition; or (13) soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products, or (14) residential wastes. only if a change in federal or state law, statute, regulation, rule, code, ordinance, permit, or permit condition, which occurs after the Effective Date of this Contract, requires special or additional management that differs from the requirements applicable on the Effective Date of this Contract; or (15) any waste that requires other than normal handling, storage, management and/or disposal. u) Trash- All household waste other than solid waste, debris, brush, household furniture and appliances. Trash shall include grass, yard clippings, leaves,weeds, heavy accumulations of newspapers and magazines. Recyclable Waste, old clothes and other household trash of like kind, but shall not include Hazardous Wastes. v) Unacceptable Waste Any and all waste that is either (1) waste which is now or in the future prohibited from disposal at a sanitary landfill by state, federal and/or local laws and/or the regulations promulgated there under;or (2) "hazardous Waste", or (3) -Special Waste", as defined herein; (4) waste N6ich is prohibited from disposal at the Landfill by CONTRACTOR including tires, concrete, and bulk petroleum or chemical products or by-products-, or (5) liquid waste, as defined herein, and septic tank pumping and grease and grit trap wastes; or SOLID W1STF AND RFCVCT.ING COLLECTION CONTRACT..............................................................................PA(-.E 4 97h158: 1/011379 0996 (6) sludge waste, including water supply treatment plant sludge and stabilized and/or un-stabilized sludge from municipal or industrial wastewater treatment plants, or (7) dead animals and/or slaughterhouse waste, except for animals euthanized under the authority and direction of CONTRACTOR; or (8) any waste, including "Special Waste" as defined herein, which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical infectious or other characteristics jeopardizes or may jeopardize the environmentally sound operation of the disposal site, as determined by CONTRACTOR to its sole discretion. (9) non-Residential Construction Debris. (10) Appliances containing CFC's that do not bear a certification tag that shows the CFC's have been properly recovered in accordance with federal law, w) Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs, and other materials accumulated as the result of the care of lawn, shrubbery, vines and trees. Yard waste does not include food wastes from gardens such as fruits or vegetables. 4 Residential a) Duties and Obligations of Residential Customers. Every owner, agent, lessee, tenant or occupant of any residential premises in the CITY ("residential customer") shall have the following duties and obligations. (1) Preparation of Materials and Special Collections: Residential customers shall prepare all Acceptable Waste in accordance with city ordinances and as provided within the scope of the terms and provisions contained herein. Residents may place for collection, up to four cubic yards of Bundles and Bully Waste each week. If the Acceptable Waste or Loose Brush is more than four (4) cubic yards, the customer must contact the CONTRACTOR to schedule pickup. CONTRACTOR will collect and dispose of all Loose Brush or Acceptable Waste over four(4)cubic yards at the rate set forth 1n Exhibit A. Or, if the material that exceeds four (4) cubic yards is Loose Brush, the residential customer may request a chipper service from CONTRACTOR at the rate set forth in Attachment A, with a one hour minimum charge. Residents with any material that is not Unacceptable Waste may contact CONTRACTOR to schedule an appointment for CONTRACTOR to inspect the materials and provide the customer with an estimate to collect the materials Arrangements for these services can be made by contacting CONTRACTOR'S customer service representative Monday through Friday, 8:00 a.m. to 6 00 p in. Residents of the CITY shall also have access to the Arlington Landfill to dispose of materials. CONTRACTOR shall provide each resident two free landfill entries for the disposal of Acceptable Waste each year subject to the terms set forth in Exhibit B, the "Landfill Rate Schedule". Additional entries into the Arlington Landfill shall be subject to the tcrrns and rates as set forth on Exhibit B. Residents must present a SOLID WAS'I F.AND RECYCLING CoLLEC-1]ON CON]Ra('l ..............................................................................PAGE 5 u761582 1io11379 o996 voucher obtained from the CITY to utilize as one of their free landfill entries. In all cases, residents must produce a photo ID. (2) Containers Secured: Each residential customer shall keep all such containers in use securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. (3) Draining Liquids Each residential customer shall drain all acceptable Waste and Recyclable Materials mixed with water or other liquids before placing the same into appropriate containers. (4) Placement of Waste and Materials: Each residential customer shall place appropriate containers containing Acceptable Waste, Recyclable Materials and tied bundles of brush at the curbside on the R.O.W. bearing such residential customer's address in such a manner as to be easily accessible for collection and as to prevent Acceptable Waste, Recyclable Materials and tied bundles of brush from being scattered. (5) Residential Containers: Each residential customer shall provide and use containers (disposable or permanent) sufficient in number to hold the Acceptable Waste accumulating on the premises. Only the recycling containers furnished by CONTRACTOR shall be used for Recyclable Materials. (6) Special Waste: No residential customer shall place for collection, or permit to be placed for collection, any Special Waste or Unacceptable Waste. (7) Time of Placement of Acceptable Waste and Recyclable Materials in Containers All appropriate containers and tied bundles of brush required to be located at the curbside shall be placed at the prescribed curbside locations not more than twelve hours prior to the scheduled collection day and not later than 7:00 a.m on the scheduled collection day. Residents shall remove their recycle carts from the curb by the end of the day on the scheduled day of their recycle collection. (8) Vines and Bushes: Each residential customer shall place all vines and thorny bushes in disposable containers (9) Waste and Materials in Containers: Each residential customer shall place all Acceptable Waste and Recyclable Materials(including brush, if the size of the brush allows) in either disposable containers,permanent containers, Bundles,or recyclable containers. b) CONTRACTOR's Duties and Obligations - Residential It shall be the duty and obligation of CONTRACTOR to perform the following; services- Collection, CONTRACTOR agrees to make tvvo(2)weekly curbside tale-all collections for Acceptable Waste and one(1)weekly curbside collection for Recyclable Materials The city shall be divided into a North and a South division with roughly the same number of single family residences in each Collections from one such division shall be picked up on Mondays and Thursdays and collections from the other division shall be picked up on Tuesdays and Fridays. The schedule shall be subject to approval of the city manager or his designee. Collections for Recyclable Materials from residential customers shall be on one of the same days that Acceptable Waste is collected. CONTRACTOR shall not commence service to residential customers prior to 7:00 a.m. and shall not pick up in residential areas after 7.00 p.m, Unusual, emergency situations requiring a later one-time temporary change in schedule shall SOLID WASTE AND RECYCLYNG COLLECTION CONTRACT..............................................................................PAC.L 6 9761582 11011379 0996 be timely communicated to the City Manager or his designated representative, prior to such temporary time change being made. No collections will be made on Saturdays, Sundays or holidays except as set forth in paragraph 6.m. (See Section"6.m" for more information about holidays).The recycling collection will be in addition to the regular twice weekly collection of Acceptable Waste. CONTRACTOR shall pick up both regular and backdoor ser-V•ice customers in the manner specified herein. (2) Customer Service, Complaints, Supervisor: CONTRACTOR agrees to designate and maintain a route supervisor for CITY and to maintain an office located in Tarrant County with a local telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR, CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 7,00 a.m to 6:00 p.m. every day except Saturday, Sunday and the holidays set forth in Section (6 m) herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the above-mentioned hours. CONTRACTOR shall also maintain voice mall and web site access for complaints after 6:00 p.m. Complaints received prior to 1 2:00 p.m. on any day for a missed or incomplete pickup shall be collected that same day. Complaints received after 12 00 p m on any day for a missed or incomplete pickup shall reeelve priority and such solid waste or recyclables which are the subject of the complaint shall be collected by 12:00 p.m. the following day. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment and Services Furnished- CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, and labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY for services described in this contract. Contractor shall conduct its operations in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste, Unacceptable Waste or Debris. (4) Take-All Service. CONTRACTOR shall collect all Acceptable Waste placed on the curb as part of the regular waste collection cycle providing that the items are acceptable for landfill disposal and the items are contained in permanent containers, temporary containers, or Bundles Brush must be Acceptable Brush and fencing material must be Acceptable Fencing material. Construction debris must be Residential Construction Debris. CONTRACTOR will collect up to four cubic yards of Bundles and Bulky Waste each week from each residential unit as part of normal se",ice collections. CONTRACTOR shall not be required to collect any Unacceptable Waste or debris as defined herein. CONTRACTOR shall also provide a separate special collection or brush chipper service option to residents wishing to schedule the collection of Loose Brush. There is a separate fee for such service and shall be as prescribed in Attachment A (5) Landfill Disposal and Vehicle Standards: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with SOLID WASTE AND REC1 CLING COLLECTION CONTR%CT..............................................................................P WE 7 9761582 1/0 1 1379 0996 the laws of the State of Texas All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or adjacent properties. Vehicles shall at all times be maintained in good repair. Further, such vehicles shall be clearly, marked with CONTRACTOR'S name and phone number in letters not less than four(4) inches in height and shall be individually numbered on both sides and on the back of the truck. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. When purchased, vehicles must meet the standards existing at the time of purchase as set out by the TCEQIEPA guidelines. (6) Large Objects/Large Quantity The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR and customer, the CONTRACTOR shall perform the service.The agreed upon fee for the service shall be paid by the customer immediately upon completion of the work performed. (7) Non-Collection Days- CONTRACTOR agrees that no collections will be made on Saturdays, Sundays or Contract designated holidays except for Saturday collection days required to make up for holidays. (See Section "6.(m)" for more information about holidays). (8) Residential Recycling Containers: CONTRACTOR shall provide each residential customer a sixty-five (65) gallon container, which shall be dedicated solely for the collection of Recyclable Materials. Such container shall be delivered to each residential customer by the CONTRACTOR that: includes molded in lid graphics explaining how the container is to be used and other information pertinent to the recycling service and materials collected. The CONTRACTOR shall charge a replacement cost for any recycling container which is lost, stolen, or destroyed after a residential customer is initially provided a recycling container. The charge for replacing a recycle container shall be as prescribed in Exhibit A, Collection Rate Schedule. Residential customers shall not be responsible for any containers damaged or destroyed by CONTRACTOR, or as result of a manufacturer defect. Residents may request additional recycle containers for their residence and shall pay an additional monthly tee per additional container as prescribed in Exhibit A. CITY shall bill the additional fees through the residents monthly utility bill. (9) CONTRACTOR shall make accommodations for carryout service for disabled or elderly residents who are physically unable to place their recycle containers at the curb. The City Manager shall determine which residents are eligible for this service. Placement of the recycle container in this instance shall be located in an area easily accessible by the CONTRACTOR's collection crews (10) Routes and Schedules. Collection routes shall be established for the collection of Acceptable Waste and Recyclable Materials as necessary to fulfill the requirements of this Contract. The CONTRACTOR shall submit a map designating the collection routes and proposed days of collection to the CITY for approval CONTRACTOR shall give the SOLID WASTE,AND RF.cvC LING COLLECTION CONTRACZ ..............................................................................PAGE 8 9761582 1101 1379(1996 CITY thirty days advance notice prior to any route change. All route changes must be approved by the CITY Manager CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. (1 1) Christmas Tree Recycling: See Section 6.d c) Residential Charges (1) Customer Billing. CITY agrees to bill all residential customers served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority. (2) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 25th day of each month the appropriate charges as hereinafter provided (3) Residential Acceptable Waste Charges and Residential Recycling Charges CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 4% of the gross billing (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY together with a billing and collection fee of 8% of the gross billing (excluding all appropriate sales taxes) for a total of 12%. CITY shall remit to the CONTRACTOR its check in the amount of 88% of all amounts billed for residential solid waste and recycling service for ACCEPTABLE WASTE and recyclables collected The 12% not remitted for residential billings shall become the Property of the CITY. (4) Modification of Rates CONTRAcrOR shall maintain such residential rates as shown in Attachment "A" until January 31, 2016. The residential rates effective on February 1, 2016 and annually thereafter, shall be adjusted and will be calculated as follows. the rates shown in Attachment "A" will be increased by the CPI for All Urban Consumers (CPI-U, Series ID CUURA316SA0,CUUSA316SSAO) for the Dallas- Fort Worth, Texas Area for the previous twelve months according to the most recently published data from the Bureau of Laboi Statistics of the I f S. Department of Labor or 2.75% whichever is greater, except that the increase will not exceed 4.51/10 for any one year. In addition, an additional increase ("Other Increase") may be requested by the CONTRACTOR no more often than once per year for extraordinary expenses not covered by the CPI, such as Federal, Local or State mandates or other extraordinary operating expenses directly related to the provision of the services under this Contract over and above what is in existence at the time the contract is initiated In support of any additional request, CONTRACTOR shall furnish evidence as to the need for the Other Increase to the City Manager, or designee. If the City Manager agrees with the Other Increase, then the City Manager will recommend acceptance of the Other Increase to the City Council for its approval, disapproval, or modification. If the City Manager does not agree with the Other Increase, CONTRACTOR and the City Manager, or designee, Nv ill attempt in good faith to agree to an amount of the Other Increase that the City Manager will recommend to the City Council for its approval, disapproval, or modification. If no agreement can be reached, and the CONTRACTOR chooses, the City Manager will submit SOLID WASTE AND REcYC UNC COLI FC'TION CONTRAC F..............................................................................RIGF 9 9761582 1101 1379 0Q96 the Other Increase to the City Council for its approval, disapproval, or modification. (5) Modification of Landfill Rates — CONTRACTOR shall be allowed to adjust the rates set forth in EXHIBIT 13, the Landfill Rate Sheet, on an annual basis, but the total increase shall not exceed 20%above the initial Contract rates over the term of this Contract and any renewals as defined herein, CONTRACTOR may request additional increases over and above the 20% described herein, for additional expenses incurred as a result in changes to law, and or regulations imposed after the effective date of this Contract. CITY shall consider any such requests in good faith and shall not unreasonably deny such request. (6) Residential Acceptable Waste CITY and CONTRACTOR agree that the MONTHLY CUSTOMER SERVICE CHARGE for residential customers shall be as described on ATTACHMENT"A" (7) Residential Recycling: CITY and CONTRACTOR agree that the curbside residential recycling monthly service charge shall be as provided in Attachment "A". Residents 65 years of age and older and/or permanently disabled (upon satisfactory proof of age or disability) may execute a request for an exemption of 750. If requested, the CITY will grant an exemption to each head of household 65 years of age and above or permanently disabled an amount of 750 from the curbside Recycling charge The CITY will remit to the CONTRACTOR the amount normally submitted to the CONTRACTOR for each regular account, less the 750 (8) CITY shall ensure that at all times during the term of this Contract that the CITY will charge, pursuant to an ordinance duly passed by the CITY's governing body, a sufficient rate from the CITY's residential customers to pay the amounts due under this Contract and to otherwise operate the CITY's solid waste collection system, including all applicable sales taxes and billing and collection costs and procedures for customers services hereunder. CITY shall provide to CONTRACTOR a copy, of all ordinances referenced by the paragraph within thirty (30) days of passing each such ordinance. (9) It is express]), understood by the Parties hereto that all payments due by the CITY hereunder are to be made from revenues received by the CITY from the operation of its solid waste collection system and that all payments to be made hereunder shall constitute operating expenses of such waste collection system, CONTRACTOR shall not have any right to demand payment of any obligation of CITY under this Contract from funds raised or to be raised by taxation No obligations of CITY under this Contract shall be construed to be a debt of the CITY of such kind as to require under the laws of this State the levy and collection of a tax to discharge such obligation. 5. Commercial, Industrial, Institutional and Multi-Family a] Duties and Obligations of Commercial, Industrial, Institutional and Multi- family Customers. Every owner, agent, employee or person otherwise in charge of am• commercial, institutional, industrial and multi-family premises within the CITY ("commercial customer")shall have the following duties and obligations. (1 y Containers Secured. Each commercial and multi-family customer shall keep all commercial containers pursuant to the CITY's Zoning Ordinance SOLID WASTE AND RECIVIANG COLLECA ION CONTRACT............................................................................PAGE 10 9761582 1'0 1 1379 099h and in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. (2) Draining Liquids: Each commercial and multi-family customer shall drain all Acceptable Waste or Recyclable Materials mixed with water or other liquids before placing same into a commercial container, and, further, no commercial or multi-family customer shall place for collection, or permit to be placed for collection, any [Unacceptable Waste, Hazardous Waste or Special Waste. (3) Sufficient Containers: Each commercial and multi-family customer shall be provided by CONTRACTOR containers sufficient in number to hold the Acceptable Waste or Recyclable Materials accumulating on the premises. (4) Waste and Materials in Containers: Each commercial and multi-family customer shall cause all Acceptable Waste or Recyclable Materials accumulating on such premises to be placed in commercial containers. Commercial and multi-family customers shall place said containers in a certain designated location which is agreed to by CONTRACTOR and customer, bearing such customer's address for collection at the same time and in the same manner as is provided for residential waste collection. The location of the customer's container shall be placed such that no damage results to the pavement or asphalt surfaces. CONTRACTOR shall not be liable for damages to pavement or asphalt surfaces, which result from the container being placed in such location. (5) Other Waste: Any company which produces on a regular basis industrial, manufacturing, or commercial products which have a residual value in the open market or that produce significant and constant wastes, such as cardboard from their business, may sell and market said products in a manner determined by the individual company and are not required to utilize the CONTRACTOR for this service If such companies use other, non-CONTRACTOR commercial/industrial recyclers for such waste, such recyclers shall conform to and be permitted or franchised as apparent under CITY of North Richland Hills' rules and regulations. Any questions or disputes shall be resolved at the discretion of the City Manager. (6) Other Recycling: Any company desiring to recycle wastes that are not or cannot be recycled by CONTRACTOR shall only use such commercial industrial recycling company that has a current permit or franchise in North Richland [fills. b) CONTRACTOR's Duties and Obligations - Commercial. Industrial. Institutional and Multi-Faintly. It shall be the duty and obligation of CONTRACTOR to perform the following services (1) Containers: CONTRACTOR shall provide all commercial containers for Acceptable Waste or Recyclable Materials storage which are available upon request of the owner or occupant of any premises within the corporate limits of CITY, excluding single family and two family residences The commercial containers provided by CONTRACTOR shall be (i) equipped v ith suitable covers to prevent blowing or scattering of Acceptable Waste or Recyclable Materials while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with the SOLI]WASTE AND RECYC LING COI I.EC`TION CONTRACT............................................................................PAGE I I 97o 1582 1/011379 0996 CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height, and (iv) emptied not less than one time each week. CONTRACTOR shall provide to commercial customers, containers sufficient in number and size to hold all of the customer's Acceptable Waste and Recyclable Materials. (2) Customer Service, Complaints, Supervisor: CONTRACTOR agrees to designate and maintain a route supervisor for CITY and to maintain an office located in Tarrant County with a local telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community CONTRACTOR agrees to keep said phones available for calls from 7 00 a m. to 6:00 p.m. every day except Saturday, Sunday and the holidays set forth in Section (6.m) herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the above-mentioned hours. CONTRAC I'OR shall also maintain voice mail and web site access for complaints after 6:00 p.m. Complaints received after noon on any day for a missed or incomplete pickup shall receive priority and such solid waste or recyclables which are the subject of the complaint shall be collected by 12 00 p.m. the following day A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery,tools, and labor at its own expense,to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste, Unacceptable Waste or Debris (4) Large Objects/Large Quantity The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR, shall perform the service. The agreed upon fee for the service shall be paid by the customer immediately upon completion of the work perforined. (5) Lawful Disposal. CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good repair Further, such vehicles shalt be clearly marked with CONTRACTORS name in letters not less than four (4) inches in height and shall be individually numbered on both sides and on the back of the truck. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition Vehicles must meet the current standards set out by the TCEQIEPA guidelines. SOLID WAS I L AND RLC YC:LING COLLEMON CCi1TRAC I.............................................................................PAGE 12 9761592 1/011379 0996 (6) Non-Collection Days: CONTRACTOR agrees that no collections will be made on Saturdays, Sundays, or Contract designated holidays except for commercial accounts that require collection on these dates (See Section "6 (m)" for more information about holidays) (7) Routes and Schedules' CITY shall have the right to require alteration of sen'ice to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. CONTRACTOR shall adjust schedules and times of collection to avoid disturbance of residential areas when picking up from commercial, industrial and institutional customers prior to 7.00 a m. (8) Multi-Family Unit Recycling. CONTRACTOR agrees to work with CITY and multi-family complexes to develop workable methods for multi-family unit recycling. The fees for such recycling scnlices will be agreed to by the parties (9) General Recycling: CONTRACTOR agrees to proNride recycling services upon request to commercial, industrial and multi-family customers. In the event it is not cost effective for CONTRACTOR to make such services available, it has the right to decline It is understood that customers can engage a permitted or franchised commercial hauler to collect solely and pure recyclable materials if clearly separated in a recyclable container only at customer's location. c) Commercial, Industrial, Institutional and Multi-Family Charges (1) Commercial, Industrial, Institutional and Multi-Family Acceptable Waste: CITY and CONTRACTOR agree that the monthly service charges for commercial, industrial, institutional and multi-family Acceptable Waste shall be provided in ATTACHMENT "A", which is attached hereto and incorporated herein by reference. (2) Modification of Rates CONTRACTOR shall maintain such Commercial, Industrial, Institutional and Multi-Family Charges rates as shown in Attachment "A" until Januay 31, 2016, The Commercial, Industrial, Institutional and Multi-Family Charges rates effective on February 1, 2016 and annually (hereafter, shall be adjusted and will be calculated as follows: the rates shown in Attachment "A" will be increased by the CPI for All Urban Consumers (CPI-U, Series ID CUURA316SA0,CUUSA316SAO) for the ❑allay-Fort Worth, Texas Area for the previous t%i'elve months according to the most recently published data from the Bureau of Labor Statistics of the U S Department of Labor or 3°o whichever is greater, except that the increase Will not exceed 4.5% for any one year. In addition, an additional increase ("Other Increase") may be requested by the CONTRACTOR no more often than once per year for extraordinary expenses not covered by the CPI, such as Federal, Local or State mandates or other extraordinary operating expenses directly related to the provision of the services under this Contract over and above what is in existence at the time the contract is initiated In support of any, additional request, CONTRACTOR shall furnish evidence as to the need for the Other Increase to the City Manager, or designee. If the City Manager agrees with the Other Increase,then the City ((Tanager vv'i11 recommend acceptance of the Other Increase to the City Council for its appro%'al. disapproval, or SOLID W.%sTE.AND RFci'ci.ING COI I EC I ION CON rR V'I ............................................................................PAGE 13 9701582 1/01 1379 0996 modification If the City Manager does not agree with the Other Increase, CONTRACTOR and the City Manager, or designee, w ill attempt in good faith to agree to an amount of the Other Increase that the City Manager wvill recommend to the City Council. If an agreement is reached, City Manager will recommend the agreed upon Other Increase to the City Council for its approval, disapproval, or modification. If no agreement can be reached, and the CONTRACTOR chooses, the City Manager will submit the Other Increase to the City Council for its approval, disapproval,or modification billing. (3) Customer Billing. CITY agrees to bill for all permanent and regularly- scheduled commercial, industrial, institutional and multi-family, customers served by the CONTRACTOR. CONTRACTOR agrees to bill for temporary container service CONTRACTOR will submit to the CITY within two days following the end of each calendar month a detail and summary report for all permanent and regularly scheduled customers for billing purposes Detail and summary reports must balance. CONTRACTOR ►vill submit, for informational purposes, a listing of the temporary container services the CONTRACTOR billed, which includes customer name, address, service type and charges. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority. (4) Payment to CONTRACTOR. CITY agrees to pay to CONTRACTOR on or before the 25th day of each month the appropriate charges as hereinafter provided: (5) Commercial, Industrial, Institutional and Multi-Family Recycling Charges: The service charge for commercial, industrial, institutional and multi-family recyclable materials collection shall be negotiated between the CONTRACTOR and customer and submitted to CITY for billing. (6) Commercial, Industrial, Institutional and Multi-Family Acceptable Waste Charges and Commercial, Industrial, institutional and Multi-Family Recycling Charges. CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 4% of the gross billing (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY together with a billing and collection fee of 6% of the gross billing (excluding all appropriate sales taxes) for a total of 10% CITY shall remit to the CONTRACTOR its check in the amount of 90'/'o of all amounts billed for Commercial, Industrial, Institutional and Multi-Family Acceptable Waste service and Commercial, Industrial, Institutional and Multi-Family Recycling Service The 10% not remitted for Commercial, Industrial, Institutional and Multi-Family Acceptable Waste service and Commercial, Industrial, Institutional and Multi-Family Recycling billings shall become the Property of the CiTY. (7) CITY shall ensure that at all times during the term of this Contract that the CITY will charge, pursuant to an ordinance duly passed by the CITY's governing body, a sufficient rate from the CITY's commercial, industrial, institutional and Multi-Family customers to pay the amounts due under this Contract and to otherwise operate the CITY's solid waste collection system, including all applicable sales taxes and billing and collection costs and procedures for customers services hereunder. CITY shall proNride to CONTRACTOR a copy of all ordinances referenced by the paragraph within thirty(30)days of passing each such ordinance. SOT iI)WASTE AND RF("%CLING COLLECTION CoNTK%CT............................................................................PAGE 14 9761582 1 A)1 1379 Uy96 (9) It is expressly understood by the Parties hereto that all payments due by the CITY hereunder are to be made from revenues received by the CITY from the operation of its solid waste collection system and that all payments to be made hereunder shall constitute operating expenses of such waste collection system CONTRACTOR shall not have any right to demand payment of any obligation of CITY under this Contract from funds raised or to be raised by taxation No obligations of CITY under this Contract shall be construed to be a debt of the CITY of such kind as to require under the laws of this State the levy and collection of a tax to discharge such obligation. 6. Miscellaneous a) Assignment of Contract: This Contract and any and all rights and obligations of CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent company. affiliate, or subsidiary of CONTRACTOR without the consent of the Cfl Y, but may be assigned to any other third party only with the prior written consent of the CITY's City Council b) Applicable Law CITY and CONTRACTOR (and customers) shall comply with all rules and regulations of any federal, state, or local authority In this regard, CONTRACTOR shall not be required to collect and dispose of any Unacceptable Waste, Special Wastes, or any other improper waste. Should CONTRACTOR elect to dispose of such materials. CONTRACTOR shall receive a fee or charge mutually acceptable to CONTRACTOR and the party requesting disposal of such materials. CONTRACTOR further agrees to comply ivith all applicable state and federal laws regulating collection and disposal of waste, and to hold the CITY harmless of and from all claims and demands of any persons or governmental agency in connection with its landfills. c) Bad Debt Collections and Write-Offs: The CITY will diligently pursue the collection of bad debts and those which are deemed uncollectible after 90 days will be written off by the CITY and write-offs will be adjusted (deducted) from CONTRACTOR'S monthly payment following the quarter of the %vrite-offs Although write-offs will be made, CITY will continue to pursue collection and any bad debts collected after an), quarterly payment adjustment will be added to the next monthly payment to the CONTRACTOR. CONTRACTOR reserves the right to suspend service to any unit associated with an uncollectible bad debt. d) Christmas Tree Recycling: Trees placed at curbside with plastic or other contaminants shall be collected and disposed of as part of regular trash collection and not as part of recycling collections. CONTRACTOR shall collect Christmas trees %Nthout plastic or other contaminants at curbside on two dates selected and publicised by CONTRACTOR and either transport such trees to a site designated b_y C I I'Y, or a site of CONTRACTOR's choosing where CONTRACTOR shall grind the trees into mulch and return such mulch to CITY for use by the CITY as it chooses. e) CITY Liaison: CONTRACTOR and CITY agree that the City Manager will be the authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute between customer and CONTRACTOR. The CITY may designate a CITY employee to act as an enforcement officer hereunder and to act as a liaison between the CITY and CONTRACTOR. SO] ID WAS I E AN I)Rm li CLING COLLEL:I IONS CON FILAC:I ............................................................................PAGE 15 9761582 1;011371)0996 f] CITY Ordinances: CITY agrees to pass such ordinances as are necessary to effectuate all terms of this Contract including all duties and obligations required of residential and commercial customers g) Contract Execution: This Contract may be executed in any number of counterparts, each of which vvill for all purposes be deemed to be an original, and all of which are identical. h) Contract Validity If any provision or portion of this Contract is for any reason unenforceable, inapplicable,or invalidated then such provision or portion shall be reformed in accordance with applicable laws and the other provisions hereof Nv ill remain in full force and effect to the same manner as if such unenforceable, inapplicable or invalidated provision had never been contained herein. The invalidity, inapplicability, or unenforceability of any provision or portion of this Contract shall not affect the validity, applicability or enforceability of the other provisions or portions of this Contract i) CONTRACTOR Liability insurance: CONTRACTOR assumes all risk of loss or injury to property or persons to the extent resulting from its negligence or willful misconduct in the performance of its services under this Contract, and agrees to indemnify and hold harmiess the CITY from all claims, demands, suits, judgments, costs or expenses arising from any such loss or injury CONTRACTOR agrees to carry the following types on insurance (any of the insurance coverage required herein may in part, or in whole, come from self funded, ERISA, or self insurance plans). Coverage Limits of Liabiliri, Worker's Compensation or Statuton- equivalent Automobile Liability $1,000,000 Combined Single Limit, bodily injury and property damage combined General Liability $1,000,000 Combined Single Limit, bodily injury and property damage combined Property Damage Liability $1,000,000 each occurrence Except Automobile $2,000,000 aggregate Excess Liability Coverage $2,000,000 aggregate CONTRACTOR agrees to furnish the CITY Certificates of Insurance evidencing that such insurance has been procured and is in force. CONTRACTOR agrees to indemnify C1T1' from any and all claims arising out of any failure by CONTRACTOR to provide workers' compensation, or its equivalent, as required by state law and this Contract. j y Performance Bond. The successful CONTRACTOR shall be required to furnish a performance bond as security for the faithful performance of this Contract Said performance bond must be in an amount equal to $250,000 and must remain in effect for the term of this contract and any extension hereof SOLID WASTE AND RLCI CLING COLLECTION CONTRACT............................................................................PAGE 16 97h 15 82 1/011379 0996 The CONTRACTOR shall pay am and all premiums for the bonds described above. A certificate from the surety showing that the bond premiums are paid in full shall be submitted to the CH Y on an annual basis for the duration of the contract k) Customer Service: CONTRACTOR shall provide responsive customer service and maintain sufficient staffing thereto. Any and all reports of missed or incomplete pickups to residential units received prior to 12.00 p.m shall be "resolved by the end of the CONTRACTOR'S workday. Any and all such reports received after 12 00 p.m, shall be "resolved" before 12:00 p.m. the follow ing day Any and all reports of missed or incomplete pickups to commercial units received prior to 10:00 a.m. shall be addressed by the end of the CONTRACTOR'S workday Any and all such reports received after 10.00 a m. shall be addressed before 12:00 p.m. the following day. CONTRACTOR will pay a $25.00 per occurrence penalty to CITY for each missed collection if not picked up within the remedy period provided herein or in Paragraph's 4(b)(2) and 5(b)(2). If the same address is missed and not picked up within the remedy period more than three times in any 90 day period, the penalty to be paid by CONTRACTOR shall be doubled. The City Manager will make the final determination as to whether the issue was "resolved." CONTRACTOR will reapond to and Initiate action to resolve any other complaints within 24 hours If CONTRACTOR has more than ten (10) instances during a 30 day period in which the missed or incomplete pickup is not "resolved" as set forth above ("Event"), the CITY may deduct from the consideration to be paid CONTRACTOR, as a penalty,the sum of$1,000 for the Event. CONTRACTOR agrees not to place Recyclable Materials, which are in Reek-cling Containers" into trucks carrying other Acceptable Waste If CONTRACTOR has ten (10) or more confirmed instances of violating the foregoing sentence, then CONTRACTOR will pay $25.00 per occurrence as a penalty for each such violation, however in no event shall such penalties exceed $1,000 in any thirty (30) day period. The City Manager's decision is final as to whether a violation Is confirmed. If CONTRACTOR is unable to provide service to a substantial number of customers on a particular day("Major Non-Service Evenf'), and this Major Non- Service Event is not caused b) a Force Majeure, the CITY may expedite the times set forth in Paragraph 6(t)as follows: (1) The CONTRACTOR shall be allowed a ten (10) day period to cure pursuant to Paragraph 6(t)(1), (2) The CITY may demand that the hearing before the City Manager or his designated representative as set forth in paragraph 6(t)(2) can be held on only 4$ hour notice to CON]RACTOR; and (3) The CITY may demand that the hearing before the City Council as set forth in paragraph (6)(t)(3) can be held on 10 days notice to CONTRACIOR. The CONTRACTOR shall provide one contact person (name and phone #) for any and all complaints and requests from City staff. The CONTRACTOR shall SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................PAGE 17 4761582 1+01137U 0996 monitor its Own operations for efficiency and shall periodically perform customer satisfaction surveys. 1) Free Service to CITY CONTRACTOR shall provide free pickup and disposal, in manners specified by the CITY, for all CITY owned facilities, except CONTRACTOR will not provide free pickup and disposal for CITY owned facilities that are managed or operated by private third parties, excluding Iron Horse Golf Course, for which CONTRACTOR will provide free service CONTRACTOR will provide eighty-four (84) roll off hauls annually at no charge for all other CITY properties, events and facilities, including NRH20 Family Water Park and Iron Horse Golf Course. These free 84 roll off hauls also include community cleanup programs as defined by the CITY. These programs are conducted on four (4) Saturdays per year. The CITY will require six (6) of these 84 roll offs for participation in Texas Recycles Day, Trinity Trash Bash, Fall Community Clean Ups and Great American Cleanup. The CITY shall also have free dumping privileges of up to 400 cubic yards of waste per month during the term of this agreement at the nearest landfill or transfer station used by the CONTRACTOR All amounts in excess of 400 cubic yards of waste per month will be provided at the rate sho%%rn on Attachment "B" Free dumping is interpreted as meaning no charge or cost assessed to the CITY. CONTRACTOR shall also provide at no cost or fee to the CITY all services, materials, and equipment related to the CITY's workplace rec}reling program m} IIolidays/Make-Up Days: CITY and CONTRACTOR agree that the following days shall be recognized as holidays New Years Day Thanksgiving Day Independence Day Christmas Day Labor Day The CONTRACTOR must provide a make-up day the nett working day following the holiday, so that each customer receives the same number of collection days as would normally be received in a non-holiday week. For a Monday holiday, Monday and Tuesday pickup will be delayed by one day. For a Tuesday holiday, Tuesday pick-up will be oil Wednesday For a Thursday holiday. Thursday and Friday pick-up will he delayed by one day. For a Friday holiday, Friday pick-up will be on Saturday. If a necessity arises the CON TRACTOR believes warrants collection services on a designated holiday, approval shall be obtained from the City Manager or his designated representative, at least 24 hours prior to holiday collection CONTRACTOR will be solely responsible for timely notification of the affected customers of this holiday pick up n) I3azardous and inclement Weather Days On icy, snow or other hazardous or inclement weather days when public schools in the Birdvlllc ISD are closed, CONTRACTOR may elect to suspend service for that day, subject to notification to the City Manager, or his designated representative. No make-up day for missed weather day is required of CONTRACTOR. CONTRACTOR shall be solely responsible for timely notifying customers of this temporary suspension of service. SOLID W►STE.AND RECVC LIT COLLECTION CONTRACT............................................................................PAGE 18 4761582 1/011379 0996 o) Interruption in Service: In the event that the collection and disposal of Acceptable Waste or Recyclable Materials should be interrupted by any, reason for more than forty-eight (48) hours, CITY shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety If the interruption in service mentioned in the paragraph above continues for a period of seventy-two (72) hours, and is not caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God, changes in laves statutes, regulations or ordinances or other similar or different contingency beyond the reasonable control of the CONTRACTOR, then the CITY shall have the right to terminate the rights and privileges granted in this Contract. p] Investigations and Public Hearings: The City Council shall have full power to examine or cause to be examined upon prior written notice to CONTRACTOR, at a mutually acceptable time at CONTRACTOR'S premises and at CITY's expense, the books, papers and records of CONTRACTOR which are used to support the calculations of the charges invoiced to CITY under this Contract.. In this connection, the CITY shall have the right, through its Council, to take testimony and compel the attendance of witnesses or the production of such books, papers and records and to examine witnesses under oath and under such rules and regulations as it may'adopt. q) Judicial Interpretation: CITY and CONTRACTOR agree that if any term or provision of this Contract is submitted to a court for Judicial interpretation that such court shall not apply the presumption which results from the rule of construction that a document or its contents is to be construed against the person who himself or through his agent prepared the same r) Non-Collection. Should a dispute arise between the CITY, CONTRACTOR, and/or a customer as to whether the CONTRACTOR actually failed to make a collection (whether the CONTRACTOR missed a pickup) the decision of the City Manager in such matter shall be final and CITY and CONTRACTOR agree to abide by said decision. Hovv'ev'er, it is understood and agreed by and between CITY and CONTRACTOR that if any customer fails to timely place brush, permanent containers, disposable containers, Recyclable Materials or commercial containers out, maintains improper or inadequate containers for the nature, volume, or weight of Acceptable Waste or Recyclable Materials for collection, CONTRACTOR may refrain from collecting all or a portion of such Acceptable Waste or Recyclable Materials and shall notify CITY of the reason for such non- collection. CONTRACTOR shall also provide notice to the customer of the reason for such non-collection (unless such non-collection is the result of the customer's failure to timely place the brush or contai tiers out for collection). CONTRACTOR's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business, and shall indicate the nature of the violation and the; correction required in order that such waste or recycling materials may then he collected at the next regular collection date. SnI In WAS-1 E:4ND RE(I CLING COLLECTION CONTRACT............................................................................PAGE 19 9761582 1/01 1379 0996 When CITY is notified by a customer that Acceptable Waste or Recyclable Materials have not been removed from his premises on the scheduled collection day and where no notice of non-collection nor a change in collection schedule has been received from CONTRACTOR, CITY shall investigate. If the investigation disclosed that CONTRACTOR has failed to collect Acceptable Waste or Recyclable Materials from the subject premises without cause, CONTRACTOR shall collect same within twelve (12) hours after a collection order is issued by CITY, at no additional charge s) Records and Reports: The CITY shall have access at all reasonable hours, at CONTRACTOR's premises to all CONTRACTOR'S books and records which are used to support the calculations of the charges invoiced to CITY under this Contract and customer service reports related to the Services under this Agreement CITY shall have the right, at CITY's expense,to audit the records set forth herein upon giving written notice. The following records and reports shall be einailed monthly to the CITY Manager or his designee bN• the fifteenth (15th) da,, of each month in a format which can be electronically sorted as to each of the items specified below (1) Complaint list containing at least the street address, complaint code, date and time of complaint and the date and time of resolution; (2) Customer service reports detailing call received, nature of calls and response times; (3) Reports of results of all complaint received and investigations completed by CONTRACTOR; (4) Adequate report on recyclable collections will be submitted and shall include the number, percentage of households participating, tonnage (b)• category) of recyclable, and where and hove the recyclables were disposed of. (5) CONTRACTOR will provide a monthly report on tons of solid waste deposited at the landfill from North Richland Hills. The report will include a breakdown of [low much is from residential customers and commercial industrial customers. (6) A monthly listing of all commercial accounts served. This list shall include customer's name, address, frequency of pickup, size of container or type of service and charges for same. t) Termination for Cause: If, at any time, the CONTRACTOR shall fall to substantially perform terms, covenants or conditions herein set forth, the follow ing steps shall be taken: (1) CITY shall notify the CONTRACTOR by registered or certified mail the specific reason in support of the CITY'S claim that the CONTRACTOR leas substantially breached the terms and provisions of the contract. CONTRACTOR shall be allowed a thirty (30) day period from the date of receipt of said notice from CITY to remedy any failure to perform. (2) Should the CONTRACTOR fail to remedy its performance after thirty (30) days, a hearing shall be held with the City Manager or his designated representative Written notice shall be sent to the CONTRACTOR of the date and time of the hearing The City Manager or his designated repiesentative may recommend that the SOLID WAS rE AND RECI-CLING COLLECTION CO}I'R ACC............................................................................PAGL 20 9761582 1,011379 0096 CONTRACTOR has failed to remedy performance and that a termination hearing be held by the City Council or that a correction plan be approved to allow for the needed retnediation by the CONTRACTOR (3) Should the CITY deem the CONTRACTOR to ha-ve failed to remedy performance, a hearing shall be conducted in public by the City Council. A notice shall be sent to the CONTRACTOR no earlier than ten (10) days before the scheduled hearing. The notice shall specify the time and place of said hearing and shall include the specific reasons in support of the CITY'S claim that the CONTRACTOR has substantially breached the terms and provisions of this contract The CONTRACTOR shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in aforesaid notice. If, after said public hearing, the City Council makes a finding that the CONTRACTOR has failed to perform the contract, its clauses and tenants, the City Council may, by majority vote, or other voting rule as determined by the Council, terminate the contract Contract termination date shall be effective six months from such findings. This Contract may, at the option of the CITY, he terminated in the event of bankruptcy, receivership, or assignment for the benefit of creditors by the CONTRACTOR u) Termination for Cause: Nothing herein waives or impairs CONTRACTOR's rights to terminate the Contract pursuant to law upon a material breach by the CITY. Provided, however, CONTRACTOR shall notify CITY by certified mail addressed to the CITY at the address set forth herein of specific reasons in support of CONTRACTOR's claim that CITY has breached the terms and provisions of this Contract. CITY shall be allowed thirty (30) days from the date of receipt of notice to remedy any alleged breach. Should the CITY fail to remedy issues related to the alleged Breach of said Contract conditions, then CONTRACTOR may terminate the Contract. v) School Recycling: The CONTRACTOR shall coordinate recycling efforts with the Birdville ISD at rates agreed upon b) the CONTRACTOR and Birdville ISD. w) Spillage: CONTRACTOR will not be required to clean up or collect loose residential Acceptable Waste or Recyclable Materials not created by its operation, but if same is not collected by CONTRACTOR, CONTRACTOR shall report the location of such conditions to CITY so that proper notice can be given to the occupant of the residence to properly contain such waste or materials. Spillage or excess Acceptable Waste or Recyclable Materials at the location of commercial containers ma) be picked up by CONTRACTOR after the customer reloads the commercial container. CONTRACTOR shall then be entitled to, and shall receive, an extra collection charge for each reloaded container requiring an extra collection provided CONTRACTOR notifies CITY of such extras charge in time for same to be included by CITY in such customer's monthly bills. Should such commercial spillage continue to occur, CITY shall require the commercial customer and CONTRACTOR to increase the frequency of collection of such customer's Acceptable Waste or Recyclable Materials or require the customer to utilize a commercial container Nv ith a larger capacity and CONTRACTOR shall be compensated for such additional services SOLID WASTE AND RccYCLING COLLECTION CON TRACI ............................................................................PAGE 21 4761582 1/011379 0996 a) CONTRACTOR shall provide CITY at no charge appropriately sized recycling containers and once per week recycling service al each CITY facility. CONTRACTOR agrees to participate in Texas Recycles Day, Trinity Trash Bash, Spring and Fall Community Clean Ups and Great American Clean Up events each year, providing commercial containers and banners as determined appropriate by CONTRACTOR for each event CONTRACTOR shall contribute annually, beginning on February 1, 2015 and each year thereafter for the term of the contract, the sum of Fifteen Thousand Dollars($15,000)for use by the North Richland Hills Beautification Committee. CONTRACTOR shall contribute annually, beginning on February 1, 2015 and each year thereafter for the term of the contract, the sum of Ten Thousand Dollars ($10,000) for the CITY of North Richland Hills Senior Citizen Programming yy CITY and CONTRACTOR agree that any time during the term of this Contract, the CITY may make a written request to enter into negotiations with CONTRACTOR to consider any alternative collection model ("ACM"). An ACM is any fundamental change In waste collection services, such as a change in the pennitted residential collection containers, a change in the frequency of waste pickup by CONTRACTOR or any new service deemed more cost effective due to new or increased technology. Once CITY has made such a request. CITY staff and CONTRACTOR agree to promptly enter into good faith negotiations as to the proposed ACM and any contract terms related thereto. If the CITY and the CONTRACTOR agree to enter into a new waste services contract, the parties agree that such contract shall contain a provision to supersede and replace this Contract to the extent applicable. z} If Unacceptable Waste is discovered before it is collected by CONTRACTOR, CONTRACTOR may refuse to collect the entire bin,container, bag or bundle of waste. In such situations,CONTRACTOR shall contact the CITY and the CITY shall undertake appropriate action to ensure that such Unacceptable Waste is removed and properly disposed of, If any Unacceptable Waste is not discovered by CONTRACTOR before it is collected, CONTRACTOR may, in its sole discretion, remove, transport and dispose of such Unacceptable Waste at a location authorized to accept such Unacceptable Waste in accordance with all applicable laws The CITY shall provide all reasonable assistance to CONTRACTOR to conduct an investigation to determine the identity of the depositor or generator of the Unacceptable Waste and to collect from the generator the costs incurred by CONTRACTOR in confection %with such Unacceptable Waste. Subject to the CITY's providing all such reasonable assistance to CONTRACTOR, CONTRACTOR shall release CITY from any liability for any such costs incurred by CONTRACTOR in connection with such Unacceptable Waste,except to the extent that such Unacceptable Waste is determined to be attributed to the CITY. aay CONTRACTOR shall not be responsible for any damages to CITY's property or equipment located adjacent to the collection receptacles nor to CITY's pavement, curbing or other driving surfaces resulting from CONTRACTOR's providing the Sol In W kCTE AND RECVC1.ING COLLECTION CON I ILAC I ............................................................................PAGE 22 97n1582 110 1 1379 0996 sen•ices under this Contract, except to the extent caused by CONTRACTOR'S negligence or willful misconduct. IN WITNESS WHEREOF, the parties have executed this contract upon the year and date indicated beneath their signatures hereto CITY OF NORTH RICHLAND HILLS REPUBLIZD ER%'ICES OF TE L By:0 �.�r.,�. By: � Mark Hindman, CITY Manager TITLE: 1 13� �l5 DATE DATE: 11 13 2 ►S ATTEST: 16 01twu .W ATTEST: CH�� . � n •s_ Alicia Richardson, CITY Secre nm+' APPROVED AS TO FORM: George Staples, Attorney for the CITY SOLID WASTF, 1Nn RF.ri Cl ING COLLECTION CONTRAC I ............................................................................PAGF:23 9761582 1/011371)(1996 SOI 1D WASTE AND RECI'C I ING CONTRACT EXHIBIT A COI I.F(-TION R%TE SCHED1 LE EFFEcrn E D iTE•FEBRUARI 1,2015 RESIDENTIAL RATES C ontract Sr.Citizens Service Level Rate Rate Nesidenlidl Curbside Trash S 846 896 Residential Curbside Recycling $ 391 3 lb rota]Residential Trash&Rec}cling Rate $ 1287 1212 Rc5ldential Backdoor Service S 2243 2243 Reniden[udl Bdekdoor Recwhng $ 8 19 744 Replacement Cart $ RU 00 (Lost,stolen or Lusliitntr caused damage) Cart Repair $ 10 00 11 id_),tihccls,or a.,cls-customer caused damage onk) Addmnnal Cart S 1 25 (Per month per addiIwnal tart) COMMERCIAL Ito I'FS Commercial Front Load Hates Size ixwk 2xwk 3xwk 4xwk Sxwk 6xwk Extra 2 cubic yard S 5822 $ 10960 $ 14594 $ 21295 $ 257 89 $ 291 15 $ 25 84 3 cubic yard $ 8261 $ 14452 $ 140 87 S 254 5o $ 313 78 $ 368 19 $ 32 77 4 cubic yard $ 9982 $ 17483 S 24124 S 31472 $ 374 94 $ 45445 $ 4160 6 cubic yard $ 126 45 $ 239 54 $ 33941 S 44256 S 547 37 $ 647 ZO $ 5960 8 cubic Yard $ 14042 $ 294 47 S 410 96 S 520 74 $ 653 85 S 78f,95 S 7059 Front Load Com actnr Rates Sire ixwk , 2xwk 3xwk 4xwk I 5xwk 6xwk Extra 4 cubic-yard S 24221 S - $ - S - S $ - $ - 6 cubic yard S 39826 S 79651 $ 1,194 77 $ 1,593 ul 5 1,991 26 S 2,384 53 $ 91)53 8;ubic-yard S 49444 S 968 86 $ 1,453 31 $ 1,93777 S 2,422 20 $ 2,90E b4 S 121 09 Commercial Roll Off Rates Daily Rate per Size TYP e Delivery Rental haul Deposit 20-yard Open $ 126 04 $ 692 S 383 00 $ 500 00 3t,yard Open $ 12604 $ 6 92 $ 45754 $ 5U0 00 -it) ,ard open $ 12604 $ 6 92 S 524 08 $ SOO Uri Com acted Roll Off Rates Daily Rate per Size Type Delivery Rental haul Deposit 3U■ard Comp NEGO NEGO $ 497 14 NFGO 34 vard C Grnp NEGO NEGO 8 550 87 NI G0 35 sdrd COMP NFGO NEGO S 550 87 NLGU 40 vard COMP NLGO NEW $ 604 61 NEGU 42 and Corn NI-60 I NEGO $ 62b I0 NEGO Commercial Handload Ratc $ 35 01) I tt Lee Per tteek Bert ire,hmmt 4 hags per collection Commercwl RLCylle Cart $ S lit) For lst cart,$3 00 per dddaional Cart Containers with rasters $ l 8 9l per month Locks or gates $ 166 per lift Brush Chipper Sert ice $ 15784 per hour-I hour minimum charge i ix,,te brush-residential S 12 b2 per cubic yard Caster&.Lockbar Charge S 81 93 1 time invtallation Ice Front Load Delnenr S 75 40 Additional Yardage Fct: $ 12 5U per yard Exhibit B ARLINGTON LANDFILL (Leased and Operated by Republic Waste Services of TX,LTD) City of North Richland Hills "Landfill Rate Schedule" GATE RATE SCHEDULE (Effective February 1,2015) TRASH ORIGIN 03 North Richland Hills Residents BILL REQUIRED(Unless presenting a voucher VEHICLE SIZE provided by the City.) AUTOMOBILES,STATION WAGONS,PICKUPS $101vehicle or p u load an or trailer load PICKUP TRUCKS AND TRAILERS LESS THAN 8 FEET IN LENGTH W/ton $40 Minimum WITH AFTER MARKET SIDEBOARDS ATTACHED TO TRUCK OR TRAILER (Deposit Required) PICKUPS OR A ITH TRAILERS ATTACHED GIR 1401ton $40 Minimum (Deposit Required) SEMI-TRAILERS,DUMP TRUCKS AND TRUCKS LARGER THAN PICKUPS $401ton $40 Minimum (Deposit Required) SPECIAL ITEMS TARP CHARGE FOR IMPROPERLY TARPED VEHICLES-STATE REGULATION $121Vehicle AUTOMOBILE I PICKUP TIRES NO Rims $&)tire -Limit of 4 LARGE TRUCK TIRES NO RIMS $151tire-Limit of 4 LARGE TRUCK TIRES with RIMS Not Accepted AGRICULTURE TIRES NO Rims $1751tire -Limit of 2 AGRICULTURE TIRES with RIMS Not Accepted LIVESTOCK $101animal Earth and Inert materials that may be used for cover-CLEAN DIRT No Charge SPECIAL HANDLING CHARGE rootballs,etc. $60 per load+disposal a ,COMPUTERS,APPLIANCESNo Charge BRUSH GRASS&LEAVES ONLY No Charge (Customer to de-bag on site) BRUSH&UNPAINTEDIUNTREATED CLEAN WOOD S51c $20 Minimum CITY OF North Richland Hills Residents Only(Does not apply to contractors) North Richland Hills residents are allowed two free visits to the Arlington Landfill each year.Residents must present a voucher,which must be obtained from the City,to utilize one of their free visits Residents presenting Loads are restricted to a standard pick-up bed with no side-boards or a standard trailer of 6 feet in length or less NOTE RATES DEPICTED ABOVE ARE FOR NORTH RICHLAND HILLS RESIDENTS ONLY RATES DO NOT APPLY FOR COMMERCIAL CUSTOMERS THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL: Lead Acid Batteries,Used Oil Filters,Tires,Liquids,Pesticides,CFC,PCB, Regulated Hazardous Waste SECOND RENEWAL OF SOLID WASTE AND RECYCLING COLLECTION CONTRACT REPUBLIC WASTE SERVICES OF TEXAS, LTD This SECOND RENEWAL ("Renewal") to the Solid Waste and Recycling Collection Contract (the "Contract") is made and entered into by and between Republic Waste Services of Texas, LTD, ("CONTRACTOR") and the City of North Richland Hills ("CITY") collectively referred to as the "parties" individually referred to as a "party." RECITALS: WHEREAS, on or about January 12, 2015, the parties entered into the Contract for solid waste collection, transport, disposal and recycling services for residential and commercial customers of the CITY; and WHEREAS, the Term of the Contract is for five (5) years commencing on February 1, 2015 and terminating on January 31, 2020, with options to extend the Contract for two (2) additional one (1) year terms; and WHEREAS, the City Council agreed to extend the Term of the Contract for the first one year extension on November 12, 2019; and WHEREAS, the parties now desire to extend the Term of the Contract for the second of two optional renewal terms and modify the collection rates under the Contract. NOW THEREFORE, in consideration of the mutual agreements hereinafter contained and in order to preserve and protect the public health of the citizens of the CITY, the parties hereby agree as follows: CONTRACT: 1. SECTION 2. TERM is hereby amended to read: The Term of this Contract shall be extended for one year under the same terms and conditions as set forth in the Contract beginning February 1, 2021 and terminating January 31, 2022, except as otherwise provided herein. 11. Modification of Collection Rates - Effective February 1, 2021, all rates described and set forth in the document collectively referred to as "Exhibit A-1," Collection Rate Schedule, of the Contract, shall be replaced by the rates described and set forth in "Exhibit A-2," Rate Sheet— Collection Rates, which is attached hereto and made a part of the Contract for all purposes. Exhibit A-1, Collection Rate Schedule, is hereby deleted in its entirety and replaced with Exhibit A-2, Rate Sheet — Collection Rates. If there is any conflict between the Contract and Exhibit A-2, Exhibit A-2 shall control. Renewal Contract for Solid Waste Collection Services Republic Waste Services of Texas,LTD Page 1 of 2 III. Modification of Landfill Rates - Effective February 1, 2021, all rates described and set forth in the document collectively referred to as "Exhibit B-1 ," City of North Richland Hills "Landfill Rate Schedule," of the Contract, shall be replaced by the rates described and set forth in "Exhibit B-2," City of North Richland Hills "Landfill Rate Schedule," which is attached hereto and made a part of the Contract for all purposes. Exhibit B-1 , City of North Richland Hills "Landfill Rate Schedule," is hereby deleted in its entirety and replaced with Exhibit B-2, City of North Richland Hills "Landfill Rate Schedule." If there is any conflict between the Contract and Exhibit B-2, Exhibit B-2 shall control. IV. All other terms of the Contract not amended herein remain in full force and effect. IN WITNESSS WHEREOF, the parties have agreed to the foregoing and caused this Amendment to be executed as of the date set forth below. CITY OF NORTH RICHLAND HILLS: REPUBLIC WASTE SERVICES OF TEXAS, LTD: By: By: Mark Hindman, City Manager Printed Name Title: Date: Date: ATTEST: By: Alicia Richardson City Secretary/ Chief Governance Officer APPROVED TO FORM AND LEGALITY: By: Maleshia B. McGinnis City Attorney Renewal Contract for Solid Waste Collection Services Republic Waste Services of Texas,LTD Page 2 of 2 EFFECTIVE DATE-FEBRUARY], 2021 SOLID WASTE AND RECYCLING CONTRACT EXHIBIT A-2 RATE SHEET-COLLECTION RATES RESIDENTIAL RATES Contract Service Level Rate Residential Curbside $ 10.75 Recycling Curbside $ 6.56 Total Regular Residential $ 17.31 Residential Backdoor Service $ 26.90 Residential Backdoor recycling $ 11.49 Total Regular Residential Backdoor $ 38.39 Residential Curbside w/Recycling- Sr.Citizen $ 16.56 Senior Backdoor Service $ 26.90 Backdoor Recycling- Sr. Citizen $ 10.74 Total Senior Residential Backdoor $ 37.64 Replacement Cart $ 59.95 (Lost,stolen or customer caused damage) Cart Repair $ 12.00 (Lids,wheels or axels-customer caused damage only) Additional Cart $ 1.50 (Per month per additional cart) COMMERCIAL RATES COMMERCIAL FRONT LOAD RATES size 1xwk= 2xwk Axwk 4xwk 5xwk 6xwk Extra 2 cubic yard $ 70.49 $ 132.70 $ 176.70 $ 257.83 $ 312.25 $ 352.52 $ 31.28 3 cubic yard $ 100.04 $ 174.98 $ 231.10 $ 308.15 $ 379.92 $ 445.80 $ 39.69 4 cubic yard $ 120.86 $ 211.68 $ 292.09 $ 381.06 $ 460.03 $ 550.25 $ 50.36 6 cubic yard 1 $ 153.10 1 290.09 1 $ 410.96 1 535.85 1 $ 662.74 1 $ 783.62 1 $ 70.96 8 cubic yard 1 $ 177.29 1 $ 356.54 1 $ 497.59 1 $ 630.50 1 $ 791.67 1 $ 952.84 1 $ 85.47 FRONT LOAD COMPACTOR RATES size 1xwk= 2xwk Axwk 4xwk 5xwk 6xwk Extra 4 cubic yard $ 293.26 - 6 cubic yard $ 482.20 $ 964.41 $ 1,446.61 $ 1,928.79 $ 2,411.00 $2,893.21 $ 120.51 8 cubic yard 1 $ 586.55 $ 1,173.08 $ 1,759.66 1 $ 2,346.23 1 $ 2,932.77 1 $3,519.32 1 $ 146.61 COMMERCIAL ROLL-OFF RATES Size Type Delivery Daily Rate per haul Deposit Rental 20-yd Open $152.62 $8.37 $463.73 $583.83 30-yd I Open 1 $152.62 1 $8.37 1 $553.98 1 $583.83 40-yd I Open 1 $152.62 1 $8.37 1 $634.56 1 $583.83 COMPACTED ROLL-OFF RATES Size Type Delivery Daily Rental Rate per haul Deposit 30 yard Comp NEGO NEGO $ 601.94 NEGO 34 yard Comp NEGO NEGO $ 666.99 NEGO 35 yard Comp NEGO NEGO $ 666.99 NEGO 40 yard Comp NEGO NEGO $ 732.06 NEGO 42 yard Comp NEGO NEGO $ 758.07 NEGO Commercial Hand Load Rate $ 42.37 Twice per week service, limit 4 bags per collection Commercial Recycle Cart $ 6.05 First cart Additional Commercial Recycle Cart $ 3.63 Each additional cart Containers with casters $ 22.89 per month Locks or gates $ 2.01 per lift Brush Chipper Service $ 191.11 per hour- 1 hour minimum charge Residential L000se Brush $ 15.12 per cubic yard Caster&Lockbar Charge $ 99.20 1 time installation fee Front Load Delivery $ 90.81 Additional Yardage Fee $ 15.13 per yard Exhibit B-2 ARLINGTON LANDFILL (Leased and Operated by Republic Waste Services of TX, LTD) City of North Richland Hills "Landfill Rate Schedule" GATE RATE SCHEDULE (II UUcctive II Ihr�iruu it 1, 021) TRASH llZl IHM 03 Nortlhm IZIcIflaind ILfiillll IC'�esli vent VALID DRIVERS LICENSE&COPY OF WATER BILL REQUIRED(Unless presenting VEHICLE SIZE a voucher provided by the City.) AUTOMOBILES,STATION WAGONS,PICKUPS $12/vehicle PICKUPS OR AUTOMOBILES WITH TRAILERS ATTACHED LESS THAN 8 FEET IN LENGTH $12 for p/u load and$12 for trailer load PICKUP TRUCKS AND TRAILERS LESS THAN 8 FEET IN LENGTH $45/ton $45 Minimum WITH AFTER MARKET SIDEBOARDS ATTACHED TO TRUCK OR TRAILER (Deposit Required) PICKUPS OR AUTOMOBILES WITH TRAILERS ATTACHED GREATER THAN 8 FEET IN LENGTH $45/ton $45 Minimum SEMI-TRAILERS,DUMP TRUCKS AND TRUCKS LARGER THAN PICKUPS $45/ton $45 Minimum (Deposit Required) SPECIAL ITEMS TARP CHARGE FOR IMPROPERLY TARPED VEHICLES-STATE REGULATION $14.00[Vehicle AUTOMOBILE/PICKUP TIRES NO Rims $9.00/tire -Limit of 4 LARGE TRUCK TIRES NO RIMS $18.00/tire-Limit of 4 LARGE TRUCK TIRES with RIMS Not Accepted AGRICULTURE TIRES NO Rims $200.00/tire -Limit of 2 AGRICULTURE TIRES with RIMS Not Accepted LIVESTOCK $12/animal Earth and inert materials that may be used for cover-CLEAN DIRT No Charge Contaminated earthen materials acceptable for disposal in accordance with TCEQ $6.00/cy $30/drum(lids Regulations removed) SPECIAL HANDLING CHARGE rootballs,etc. $70 per load+disposal 100%RECYCLING-METAL,COMPUTERS,APPLIANCES No Charge BRUSH GRASS&LEAVES ONLY No Charge (Customer to de-bag on site) BRUSH&UNPAINTED/UNTREATED CLEAN WOOD $6.00/cy $24 Minimum CITY OF North Richland Hills Residents Only(Does not apply to contractors) I ortlhu IlZlicll°ullaind 11 fills rosidoints aro allllowod two free v1sits to t1lie Arlington II andfllllll eacli year. II:�osll oint unuu t Il irosoint a vouucll°u ir, 1140 11 Tll::::::SII)II II'3II TII II:) II G CII IIZII 11::011 114011 T11N II II Ihfll A11 I11)IhNllll 11 S IZIC 111)11::::::114 T" Il if if II' 'T11 II) II T" II' Il if if II' II� II' II' II Il lIIAII CRUST" II II II . THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL: Lead Acid Batteries, Used Oil Filters,Tires, Liquids, Pesticides,CFC, PCB, Regulated Hazardous Waste CERTIFICATE F INTERESTED PARTIES FORM 1295 1 el 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE 115E 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. 2021-702210 Republic Waste Services of Texas,Ltd. Arlington,TX United States Date Filed 2 Name of governmental entity or state agency that is a party to the contract for which the farm-is 01/04/2021 being filed. City of North Richland Mulls Date Acknowuledge& 3 Provide the identification number used by the giovernmental 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. SWcollection2015 Solid Waste and Recycling Collection Mature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary S Check only if there is NO Interested(Party. X S UNSWORN DECLARATION My name is &IU 4 111 .. (�� and my date of birth is - ? My address is 1 .i r ,✓�'1'vs a°„>`cJFw --- ,�I a✓. r/t, (street) (city) (state) (zip cane) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in � }P rJ'1 County, State of--- .7 s on the"y day of A' 0: ,204 116117vt (month) (year) 0 ,T Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.stateAx.us Version V1.1.ceffd98a IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11, 2021 SUBJECT: Consider Reimbursement Resolution No. 2021-002 in an amount not to exceed $20,225,000. PRESENTER: Mark C. Mills, Director of Finance SUMMARY: After the adoption of the fiscal year 2020/2021 ("FY21") Capital Project Budget and passage of the proposed bond program on November 3, 2020, it is necessary for Council to consider the adoption of a reimbursement resolution. This resolution will allow the City to begin work by providing a mechanism through which project expenditures incurred can be reimbursed through the future issuance of bonds. GENERAL DESCRIPTION: North Richland Hills voters passed the proposed 2020 Bond Program, with roughly 79% voting in favor. In preparation for work to begin on the bond program, it is necessary for the City Council to consider the passage of a reimbursement resolution. In addition, the FY21 adopted Capital Projects Budget included a utility project funded through the issuance of certificates of obligation ("CO's"). A reimbursement resolution authorizes the City to reimburse expenditures with the proceeds of future debt. The Council typically passes at least one reimbursement resolution each year in anticipation of a planned sale of bonds or CO's. The last such resolution was passed July 13, 2020. The reimbursement resolution itself does not authorize the issuance of bonds; it only stipulates that any expenses made before the bond sale may be reimbursed with bond proceeds. Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds. The process of issuing the associated bonds will begin during the first quarter of calendar year 2021. The bond program includes street projects funded using General Obligation bonds ("GO's"). The total amount of bonds to be issued for these projects, based on projected debt capacity, is estimated at $19,200,000. An additional $840,000 in certificates of obligation have been included for the rehabilitation of the College Hill ground storage tank. IrLp NOKTH KICHLAN HILLS The reimbursement resolution prepared for Council approval includes the projects contained in the following table: Debt Taxable or Project Type Tax-Exempt Type Desc►'iption Amount GO Tax Exempt Streets Bedford-Euless Rd $3,415,000 GO Tax Exempt Streets Glenview Dr West $4,515,000 GO Tax Exempt Streets Iron Horse Blvd (Browning to Rufe Snow) $3,460,000 GO Tax Exempt Streets Nor' East Dr $1,530,000 GO Tax Exempt Streets North Hills Dr $2,120,000 GO Tax Exempt Streets Meadow Oak Dr $570,000 GO Tax Exempt Streets Diamond Lock W $130,000 GO Tax Exempt Streets Pearl St $690,000 GO Tax Exempt Streets Southampton Dr $1,080,000 GO Tax Exempt Streets Stonybrooke Dr $870,000 GO Tax Exempt Streets Nob Hill $820,000 CO Tax Exempt Utility College Hills Ground Storage Tank Rehab $840,000 Sub Total $20,040,000 Est. Issuance Cost $185,000 TOTAI; $20,225,,000 RECOMMENDATION: Approve Reimbursement Resolution No. 2021-002 in an amount not to exceed $20,225,000. RESOLUTION NO. 2021-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, AUTHORIZING REIMBURSEMENT OF CAPITAL EXPENDITURES WITH RESPECT TO PROCEEDS OF DEBT HEREAFTER TO BE INCURRED. WHEREAS, the City of North Richland Hills, Texas (the "Issuer") intends to issue debt, in one or more series, for (i) constructing, renovating, equipping, and improving various City streets, as set forth in "Exhibit A" attached hereto and incorporated herein, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (ii) constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving the City's water and sewer system facilities, including the acquisition of land and rights- of-way therefor, and (iii) professional services rendered in relation to such projects and the financing thereof (collectively such purposes are referred to herein as the "Project") WHEREAS, the City of North Richland Hills, Texas further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt and taxable obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt and taxable obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The Recitals set forth above in this Resolution are found to be true and accurate and are hereby incorporated into this Resolution for all purposes. SECTION 2. The Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer and that this Resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $20,225,000. Resolution No. 2021-002 Page 1 of 3 AND SO IT IS RESOLVED. PASSED AND APPROVED this the 11t" day of January, 2021. CITY OF NORTH RICHLAND HILLS, TEXAS 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. 2021-002 Page 2 of 3 EXHIBIT A PROJECTS INCLUDED IN REIMBURSEMENT RESOLUTION (collectively, the "Project') Debt Taxable or Project Type Tax-Exempt Type Description Amount' GO Tax Exempt Streets Bedford-Euless Rd $3,415,000 GO Tax Exempt Streets Glenview Dr West $4,515,000 GO Tax Exempt Streets Iron Horse Blvd (Browning to Rufe Snow) $3,460,000 GO Tax Exempt Streets Nor' East Dr $1,530,000 GO Tax Exempt Streets North Hills Dr $2,120,000 GO Tax Exempt Streets Meadow Oak Dr $570,000 GO Tax Exempt Streets Diamond Lock W $130,000 GO Tax Exempt Streets Pearl St $690,000 GO Tax Exempt Streets Southampton Dr $1,080,000 GO Tax Exempt Streets Stonybrooke Dr $870,000 GO Tax Exempt Streets Nob Hill $820,000 CO Tax Exempt utility College Hills Ground Storage Tank Rehab $840,000 Sub Total $20,040,000 Est. Issuance Cost $185,000 TOTAL $20,225,000 Resolution No. 2021-002 Page 3 of 3 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11, 2021 SUBJECT: Action pursuant to Article V, Section 7 of the City Charter to fill vacancy on City Council. PRESENTER: Alicia Richardson, City Secretary SUMMARY: To consider action regarding appointment to unexpired term of City Council, Place 7. GENERAL DESCRIPTION: Article V, Section 7 of the City Charter, provides that "In case of a vacancy from any cause in the office of mayor or councilmen, the city council shall order a special election to fill such vacancy; provided, however, in the case of only one (1) vacancy when there remains one hundred eighty (180) days or less until the expiration of the office to be filled, the mayor, with the approval of a majority of the council, may appoint a person to fill such vacancy." Pursuant to Title 12, Chapter 201, Section 201.023 of the Texas Election Code, if a public officer submits a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the date the resignation is accepted by the appropriate authority or on the eighth (8t") day after the date of its receipt by the authority, whichever is earlier. A resignation letter from Timothy J. Welch, was dated and submitted on December 15, 2020, and is on file with the City Secretary. This creates a vacancy in Place 7 with an unexpired term through May 1, 2021, or until a successor has been duly qualified. RECOMMENDATION: To consider action regarding appointment to unexpired term of City Council, Place 7. "I r*4w NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: January 11, 2021 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Tarrant County Public Health is administering the COVID-19 vaccine to medical workers, residents 65 and older, and people 18 and older who have at least one chronic medical condition that puts them at increased risk for severe illness from COVID-19. Appointments are required. To register and get more information, please visit www.tarrantcounty.com/covidvaccine or call the Tarrant County Coronavirus Hotline at 817-248-6299. City Hall and other non-emergency city offices will be closed next Monday, January 18, in observance of the Martin Luther King, Jr. holiday. The Library, Tennis Center and Animal Adoption & Rescue Center will also be closed. The NRH Centre and Iron Horse Golf Course will be open. Garbage and recycling will be collected as normally scheduled. Kudos Korner- Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Officers Koba, Breta, Lizalk and Bulger in the Police Department - The U.S. Postal Inspection Service recently recognized our K9 officers and their partners for their outstanding service to the Postal Service's Fort Worth Division Office. Thank you to these officers for their continuous hard work.