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CC 2021-04-12 Agendas
k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, APRIL 12, 2021 WORK SESSION: 6:00 PM Held in the Council Chamber CALL TO ORDER 1 Discuss items from regular Citv Council meeting. 2. Discuss revisions to the city's Mobile Food Unit Ordinance. 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 551.07Deliberate the purchase, exchange, lease or value o rel______2ro2e� (1} 5301 Davis Boulevard, ( ) 6504, 6508, 651 Smithfield Road and 6517 Center Street and (3} 500 and 504 Cummings Drive. Monday, April 12, 2021 City Council Agenda Page 1 of 4 2. Section 551.037: Deliberation regarding economic development neqotiations - 6504, 6503, 6 12 Smithfield Road and 6517 Center Street REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chamber A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER BENTON A.2 PLEDGE - COUNCIL MEMBER BENTON A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the March 22, 2021 regular City Council meeting. B.2 Consider authorizing the purchase of Cralepoint wireless routers and related components for Fire D epartment vehicles from C W-Government, LLC, and Crosspoint Communications, Inc., in the combined amount o 59 453.52 using Texas DIR Contract No. I -TSO-434 and BuvBoard Contact No. 604- 0. Monday, April 12, 2021 City Council Agenda Page 2 of 4 B.3 Award Bid No. 21-009 for annual NRH20 food service products to multiple vendors, Sysco Foods, en E. Keith Foods-D_FW, and Flowers eking Co. of Denton LLC in the combined amount not to exceed $2 B.4 Approve Amendment No. 1 to the Cg22�grafive Purchase Customer Agreement with Sunbelt Pools, Inc., approving purchases for pool repairs at NRH20 increasing the maximum expenditure amount not to exceed $75,000 using Buy Board Contract No. 613-20. C. PUBLIC HEARINGS C-1 SDP 2021-02, Ordinance No. 3634, Public hearing and consideration of a request from Revert LLC for a_special eerelopment plan for industrial anq__jLqht manufacturing ..uses at 6608 Davis Boulevard, being 1.317 acres described as Lot 1 R, Block 1 Smithfield Addition. C.2 SUP 2021-03, Ordinance No. 3635, Public hearing and consideration of a Donald Cheeks for gaaecial use permit for an addition to a permanent accessory building for a secondary living unit and carport at 8213 Forrest_Lane, being 1.943acres described as Lot 13, Block 3, Woodbert Addition. C.3 Public hearing and consideration of Ordinance No. 3686, adopting Youth Programs Standards of Care. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E-1 Consider Resolution No. 2021-022 supporting the inclusion of designated North Richland Hills roadway projects in the 2021 Tarrant County Transportation and program and identifying funding sources to provide the matching funds needed to participate in the bond program. F. GENERAL ITEMS G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER DEUPREE Monday, April 12, 2021 City Council Agenda Page 3 of 4 H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, April 9, 2021 by 3:00 PM. Alicia Richardson City Secretary/Chief Governance Officer This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, April 12, 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: April 12, 2021 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 12, 2021 SUBJECT: Discuss revisions to the city's Mobile Food Unit Ordinance. PRESENTER: Stefanie Martinez, Director of Neighborhood Services GENERAL DESCRIPTION: In October of 2020, Neighborhood Services discussed proposed changes to the Mobile Food Ordinance during the City Council Work Session. These changes were based on partial closures and/or limited capacity for occupancy caused by the COVID-19 pandemic. Although the occupancy limitations have since been lifted, several businesses and food truck operators continue to contact Neighborhood Services to obtain permits to vend within our city more frequently than the current occasional special event process allows. Neighborhood Services and the City Attorney's Office reviewed the current ordinance that pertains to food trucks or mobile food units. Staff is recommending the City Council consider adding a new division to the Mobile Food Unit ordinance that contains a sunset provision. This approach allows time for implementation of the new requirements, then provides for review and reconsideration of the new ordinance prior to the end of the 2 year period. In general, the proposed new ordinance allows food trucks to operate more frequently without compromising safety standards. A new ordinance and section of the code is being proposed because the current food ordinance regarding mobile food vending references many other sections of the North Richland Hills Code of Ordinances. The adoption of a new ordinance and section of the Code with a sunset provision would implement the proposed changes to food truck operations within the City while specifying that the other sections of the city's ordinances and code remain in effect. The most significant change in the proposed ordinance is to allow mobile food units to operate throughout the City under an annual permit and inspection, as opposed to requiring a permit and inspection at each separate event and location as is the current requirement. The issuance of that annual permit would be based on an annual inspection by the Consumer Health Staff as well as the NRH Fire Department. The proposed changes in the attached ordinance include: • Allow for annual inspection and permit of mobile food units • Revise the current definition of Mobile Food Unit • Clarify the definition of Temporary Food Establishment • Establish specific timeframes during which mobile food units may operate • Establish specific locations where mobile food units may operate IrLp NOKTH KICHLAN HILLS • Establish a permission form to be utilized and completed by the property owner as well as the operator of the mobile food unit • Limit the types of foods to be prepared on the mobile food unit • Require vendor access to restroom facilities • Require certain equipment to be provided by the mobile food unit • Amend required fees to operate • Create a sunset review timeframe of 2 years to re-evaluate the ordinance changes We look forward to reviewing the proposed ordinance with the Council and receiving direction and feedback. Following this discussion, staff will finalize the ordinance for Council consideration at a future meeting. ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 18, ARTICLE IV OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, FOOD AND FOOD ESTABLISHMENTS, ADDING DIVISION 6, MOBILE FOOD UNITS; AND AMENDING APPENDIX A, FEE SCHEDULE; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A TERMINATION DATE. WHEREAS, The City of North Richland Hills ("City") 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 Texas Local Government Code; and WHEREAS, The effects of the global pandemic caused by the coronavirus and COVID- 19 have significantly affected the economy and modified the manner in which the food industry delivers services; and WHEREAS, The Texas Department of State Health Services has modified its rules and regulations for mobile food vendors; and WHEREAS, To assist local businesses and to ensure compliance with the rules and regulations of the Texas Department of State Health Services, the City Council wishes to amend Chapter 18 to modify certain administrative and enforcement requirements and expand operations allowed for mobile food units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Chapter 18, Article IV, of the North Richland Hills Code of Ordinances shall be amended by adding Division 6, Mobile Food Units, Sections 18-279 through 18-292, which shall be and read as follows: DIVISION 6. - MOBILE FOOD UNITS. Sec. 18-279. - Definitions. When specifically used in this article, the following words and terms, unless the context indicates a different meaning, shall have the meaning assigned to them below. Unless otherwise defined herein in this Division 6, this section shall include and Ordinance No.XXXX Page 1 of 16 incorporate all definitions included in the regulations adopted in Chapter 18, Article IV, Section 18-191, of the North Richland Hills Code of Ordinances, and the Texas Food Establishment Rules ("TFER"), 25 TAC 228. If there is any conflict between Divisions 1- 5, and this Division 6, the definition specifically set forth in this Division 6 shall control during the time this ordinance is in effect. Commissary means an approved central preparation food facility that is permitted and inspected by a municipal, county, or state regulating health authority and is constructed and operated in compliance with this ordinance. Food establishment as it is defined in Section 18-191, and/or as referenced in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance is in effect. Food service establishment means any establishment or operation where food is prepared or served at wholesale or retail for pay. Food service establishments include but are not limited to, restaurants, food stands, mobile food units, push carts, drink stands. Mobile food establishment as it is defined in Section 18-191, and/or as referenced in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance is in effect. Mobile food unit means a vehicle-mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable. Non—Time/Temperature Control for Safety (NTCS) food means a food that does not require time and temperature control for safety to limit pathogen growth and toxin production. NTCS foods include but are not limited to popcorn, pretzels, chips, snow cones, cotton candy, pickles, and cookies and food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution. Person in Charge means the individual present at a food establishment who is responsible for the operation at the time of inspection. Pushcart means a non-self-propelled MFU limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority and readily movable by one or two persons. A pushcart is classified as an MFU. A pushcart does not include non- self-propelled units owned and operated within a retail food store. This type of MFU requires the support of a commissary. Pushcarts are limited to the sale of Non-TCS and packaged frozen desserts such as ice cream bars, popsicles, or frozen ice pops). Readily movable means that a vehicle has not been altered in such a way that would limit its ability to promptly be moved or conveyed from one place to another. Regulatory authority means any City of North Richland Hills officer, employee, or department of the city, designated by the city manager to administer and enforce this article. Ordinance No.XXXX Page 2 of 16 Reinspection means an inspection to determine compliance with applicable health regulations. Reinspection fee means a fee assessed by the regulatory authority based on (i) a health inspection score of 30 or greater; (ii) repeat critical violations; and/or (iii) an establishment's failure to correct one or more issues addressed at the time of inspection within the time frame established by the inspector. Rules and regulations means the state rules found at 25 Texas Administrative Code, Chapter 228. These rules are also known as the "Texas Food Establishment Rules" ("TFER"). Such rules and regulations have been adopted by the City and shall be in full force and effect within the city limits of the city. Sanitary facilities means a water closet, toilet or restroom facilities which discharge the sewage effluent and wastewater into an approved holding tank, on-site sewage disposal system, or municipal sanitary system. Single-Service Articles means a container or utensil intended for one time usage only. Solicitor means any person who requests any orders for goods or services, whether for profit or not-for profit, including any person who makes requests for money, goods or services on behalf of any religious, veterans', charitable or fraternal organization. Solicitors include mobile food units that enter into any residential or multi-family zoned districts or parks. Temporary food establishment as it is defined in Section 18-191, and/or as referenced in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance is in effect. Temporary Food Unit means a food service establishment which operates at a fixed location for a period of time not to exceed three consecutive days in conjunction with a Special Event or celebration. Temperature Control for Safety Food (TCS)--(formerly Potentially Hazardous Food (PHF)) means food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation. An animal food that is raw or heat-treated. A plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixture of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic- in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation. Weekend food vendor as it is defined and set forth in Section 18-191, and/or as referenced in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance is in effect. Sec. 18-280. - Permit required. No person, company, or corporation shall operate a mobile food unit (MFU) without a valid permit issued by the City of North Richland Hills Neighborhood Services Department. Each mobile food unit requires a separate permit. Ordinance No.XXXX Page 3 of 16 Sec. 18-281 — Permit categories. (a) Mobile Food Unit (1) Full Service Mobile Food Unit is a full service kitchen and must be equipped with a hand sink, three compartment sink, 100OF potable hot water, and a gray water tank 15% larger than the potable water tank. Open windows must have 16 mesh per square inch screening, and all equipment must be National Sanitation Foundation (NSF)-approved, commercial grade. Operators must have accredited food handler training and operations must be overseen by a Certified Food Manager. (2) Dessert Truck Mobile Food Unit is a truck serving baked goods such as cupcakes, snow cones, shaved ice, scooped ice cream, or other desserts with limited preparation and handling. Dessert truck mobile food units must be equipped with a hand sink, three compartment sink, 100OF potable hot water, and a gray water tank 15% larger than the potable water tank. Open windows must have 16 mesh per square inch screening, and all equipment must be National Sanitation Foundation (NSF)-approved, commercial grade. Operators must have accredited food handler training and operations must be overseen by a Certified Food Manager. (3) Limited Service Mobile Food Unit is a mobile food unit from which one the following foods and beverages are served, sold or distributed- (i) food that is prepackaged, bottled, or otherwise prepared and packaged in individual servings at a commissary, properly labeled and held at 41OF or less or 1350F or more; (j) NTCS beverages that are dispensed from covered urns or other protected equipment. Limited service may not be required to comply with requirements of this chapter pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at its commissary. Mobile food units that serve prepackaged ice cream are included as limited service. Open food handling such as nachos, shaved ice, or bulk pickles is specifically prohibited. (4) Vegetable and Fruit Vendor Mobile Food unit is a mobile food unit from which only whole, uncooked vegetables or fruits are served, sold, or distributed. Produce vendors cannot cut or sample fruit/vegetables on site. Sec. 18-282 —Application. A person seeking a mobile food unit permit shall make application for a permit as required by this Section 18-280 of this article on a form provided by the regulatory authority. The form must be notarized prior to submission to the city. Ordinance No.XXXX Page 4 of 16 (a) In addition to other information specifically required on the form, the applicant shall provide the following information as part of the application- 1. Name, date of birth, and valid driver's license number of the applicant; 2. Applicant's address (both physical and mailing addresses) and telephone number; 3. Applicant's email address; 4. Registered Agent name, address and telephone number, if applicable 5. A description of the vending vehicle which will be used under this permit. This information shall include the manufacturer, model year, and color and vehicle identification number. 6. Proof of current vehicle insurance for mobile food unit, 7. A complete menu identifying the type of food to be vended and the manner in which it is to be vended; 8. Proof of Certified Food Manager for person in charge of the mobile food unit; 9. Accredited Food Handler cards for any staff who may operate the mobile food unit; 10.If the permit application is for the sale of approved, openly handled food from a vehicle or a trailer, a water sample test result from a drinking water bacteriology laboratory accredited by the Texas Commission on Environmental Quality showing the absence of coliform and E. coli which was performed within thirty (30) days prior to the date of the permit application; 11.Completion of a form issued by the regulatory authority that contains the address and food establishment permit number of the commissary required by this article. The form must be notarized, signed by the commissary operator, and include a statement that the mobile food unit applicant has access to commissary facilities for food preparation, all food and utensil storage, and cleaning and maintenance activities. The form shall not be dated more than thirty (30) days prior to the application submission to the city and must identify the location of the commissary and contact information for the commissary operator. A copy of the most recent health inspection for the commissary is also required at the time of application. 12.Any other information required by the regulatory authority, including written permission from the property owner on a form designated by the regulatory authority, authorizing use of the property by the MFU and specifying the date and time of operations, including use of the restroom facilities. (b) The valid MFU permit sticker shall be placed by the regulatory authority and shall be displayed prominently on the back of the mobile food unit. (c) Mobile food unit permits shall be valid for one (1) year from the time of the permit issuance. (d) Mobile food unit permits shall not be transferred and shall be considered suspended should the ownership, operation or use be altered from that specified in the permit application or at the time of permit issuance. Ordinance No.XXXX Page 5 of 16 Sec. 18-283. — Inspection. (a) The regulatory authority shall inspect the mobile food unit at the time of initial permitting and at permit renewal each year to determine if the vending operation is being conducted in such a manner as to comply with the conditions of the permit, the provisions of this article, other applicable city ordinances and state and federal statutes, regulations and rules. Said inspection shall be conducted at a time and location designated by the regulatory authority. (b) An annual fire inspection shall be required for mobile food units upon initial permitting and for each renewal of the mobile food unit permit. The fire inspection may be conducted simultaneously with the annual inspection by the regulatory authority, or prior to the regulatory authority's inspection. (c) The regulatory authority shall require a mobile food unit operator to demonstrate that the unit is readily moveable. Alteration, removal, attachments, placement or change in, under, or upon the mobile food unit that would prevent or otherwise reduce the mobile food unit's ability to be readily moveable is prohibited. (d) The regulatory authority may take food samples to be examined or taken for analysis as often as necessary for enforcement of this article and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this article, and shall tag, label, or otherwise identify any food subject to the hold order. (e) No food subject to a hold order under Section 18-283(d) shall be used, served or removed from the unit until the vendor of such food has furnished proof of the wholesomeness of the food product to the regulatory authority. The regulatory authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held in accordance with Section 18-234 of the North Richland Hills Code of Ordinances if so requested and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written notice to denature or destroy such food or bring it into compliance with the provisions of this article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof. (f) Mobile food units shall be prepared for inspection by the regulatory authority or designee at all times when operating within the City of North Richland Hills. (g) Nothing provided in this section shall be construed to prohibit the regulatory authority from conducting inspections of mobile food units as often as needed to Ordinance No.XXXX Page 6 of 16 ensure compliance with the Texas Food Establishment Rules and as provided in this Code. (h) Health inspections of mobile food units shall be conducted at least once annually at the time of permit issuance. Additional health inspections may be performed of the mobile food unit, as deemed necessary by the regulatory authority. Sec. 18-284. - Operating requirements. Generally. (a) Mobile food units shall comply with all requirements of the Texas Food Establishment Rules (TFER) and Chapter 18, Article IV, except Section 18-275 (c) — (e) regarding onsite restrooms, grease traps, and mop sinks. Additional requirements may be imposed to protect against health hazards related to the conduct of the food establishment as a mobile operation, sale of some or all TCS may be prohibited, and when no health hazard will result, requirements of this chapter relating to physical facilities may be waived or modified. (b) If deemed necessary to protect public health and safety, the regulatory authority may limit the menu, food items, or preparation methods utilized by the mobile food unit. (c) The mobile food unit shall operate in a manner that does not violate any existing laws or ordinances of the City of North Richland Hills. (d) Mobile food units shall identify the vehicle with characters not less than three (3) inches high on both exterior sides of the unit stating the name of the company. (e) Mobile food units shall comply with all state and local laws pertaining to the registration of the mobile food unit vehicle. All persons operating and/or driving the mobile food unit must have a current and valid driver's license and have current vehicle liability insurance for the mobile food unit vehicle. (f) Mobile food unit operator(s) shall report any accident involving the MFU to the Neighborhood Services Department within twenty-four(24) hours of the time the accident. An inspection of the mobile food unit vehicle involved in the accident shall be conducted prior to resuming operations within the City of North Richland Hills to ensure that there is no damage to the vehicle that may result in the contamination of the food carried or any damage that results in a violation of this section. Food service from the vehicle involved in the accident will not be authorized within the City of North Richland Hills until it has been inspected and cleared of any potential hazards resulting from accident. The accident report shall be made by the mobile food unit permit holder. Ordinance No.XXXX Page 7 of 16 Section 18-285. Approved Locations; Operations. (a) Public or private property. Mobile Food Units may operate upon properties with the permission of the property owner or an authorized agent for the property owner. It shall be unlawful for a mobile food unit to vend- (1) From a vacant property, stand or other temporary structure; (2) Upon an area not paved by an asphalt or concrete surface; (3) Within a visibility triangle as defined by Section 118-714, and illustrated in Article IX, Illustration Figure 1.9, of the North Richland Hills Code of Ordinances; (4) Within fifty (50) feet of an intersection; (5) Within an area within which the standing or parking of vehicles is prohibited; (6) From a public street, right-of-way, sidewalk or other adjacent public or private property, unless such street, right-of-way, sidewalk or other property is designated by the City of North Richland Hills as an approved MFU location and for the timeframes specified by the city for such location; (7) From an area other than the side of the MFU; (8) Upon a premise where alcoholic beverage consumption is prohibited. (b) Special event permit. Mobile food units may operate in conjunction with a Special Event Permit as issued by Neighborhood Services Department of the City of North Richland Hills. (1) Commercial or industrial property. Mobile food units may operate on private commercial or industrial property, properly zoned and with the written notarized permission of the property owner and/or landlord if the mobile food unit has access to approved flush type toilet facilities, connected to an approved type sewage system on the private commercial or industrial property and within one hundred and fifty feet from the MFU. Mobile food units must be parked on a paved surface and are not allowed to discharge wastewater or grey water on site. (2) Residential property. Mobile food units may operate on residential private property up to two times per year with written notarized permission from the property owner and with a Special Event Permit, if required by the City of North Richland Hills. They must be parked on a paved surface and are not allowed to discharge wastewater or grey water on site. (c) All mobile food units shall comply with this Code as well as with state and federal law and nothing in this article shall exempt a food vendor from zoning ordinances. Section 18-286. Hours of operation. The hours of operation of any mobile food unit are subject to the following restrictions, which such restrictions are in addition to all other restrictions included in the permitting process: Ordinance No.XXXX Page 8 of 16 (a) A mobile food unit may operate in a residential zoned area from 7.00 a.m. Central Standard Time (CST) until 9.00 p.m. CST. (1) MFU may only operate at the location following the issuance of the MFU permit by the regulatory authority and with written permission of the property owner or authorized agent of the property. (2) MFU must adhere to the noise level restrictions described in the City of North Richland Hills Code of Ordinances Chapter 34-33 (23) — Specific Nuisances. (3) The MFU must leave the location at the end of the service and may not remain parked or stored at the location overnight even with the permission of the property owner. (b) A mobile food unit may operate in a commercially zoned area during the normal hours of operation for the business location on which it is permitted to be parked however, under no circumstances can the MFU operate earlier than 7.00 AM CST nor later than 11.00 PM CST. (1) MFU may only operate at the location following the issuance of the MFU permit by the regulatory authority and with written permission of the property owner or landlord of the property. (2) MFU may only operate in the area of the property designated in the application submitted by the property owner or landlord of the property. (3) The MFU must leave the location each day and may not remain parked or stored at the location overnight even with the permission of the property owner. (c) A mobile food unit may operate in a Mixed Use/Transit Oriented Zoned District during the normal hours of operation for the business location on which it is permitted to be parked however, under no circumstances can the MFU operate earlier than 6.00 a.m. CST or after 11.00 p.m. CST (1) If parked on commercial property within the district it may only operate during the hours of operation for the business. (2) If parked in a street parking spot approved for a MFU within the district it may operate for no more than three (3) consecutive hours. (3) The MFU must leave the location at the end of the three (3) hour timeframe for operation and may not remain in the parking spot overnight. (4) The total noise level of any mobile food unit shall comply with NRH Code of Ordinances Section 34-33 (23), Specific nuisances. The mobile food unit shall turn off all music and recorded messages while stationary, except when stopped at a controlled intersection. Sec. 18-287. - Restricted operations. Ordinance No.XXXX Page 9 of 16 (a) Food prepared or packaged in a private home may not be used or offered for human consumption from a mobile food unit. Food must comply with all labeling laws as required by Texas Food Establishment Rules. (b) Refrigeration and equipment must be commercial grade, National Sanitation Foundation approved and maintain TCS food at the required temperatures as specified in Texas Food Establishment Rules. (c) Mobile food units shall not utilize any required business parking spaces or park in a designated or marked fire lane. (d) Mobile food units shall not park, stop or stand in areas designated or marked as "no parking areas" or park in violation of North Richland Hills Code of Ordinances, Ch. 54 (e) Mobile food units must comply with North Richland Hills Code of Ordinances, Ch. 34, as it relates to public nuisances. (f) Mobile food units may operate at locations where on premise alcohol consumption is allowed as permitted by Texas Alcohol Beverage Code. (g) Mobile food units may not dispense alcohol from the vehicle at any time. (h) Mobile food units may not erect a tent or supply tables or chairs to be used outside the vehicle or trailer. Sec. 18-288. - Sanitation requirements generally. Mobile food units shall comply with the following requirements. These requirements pertain to all mobile food units unless a specific exception applies: (a) Mobile food units shall comply with all sanitation and construction regulations as outlined in Texas Administrative Code § 228 of the Texas Food Establishment Rules as adopted in this chapter unless specifically addressed in this section. (b) Garbage storage containers must be maintained on each mobile food unit in a number sufficient to contain all trash and garbage generated by the mobile food unit. A trash container must be provided by the mobile food unit for customers. Garbage must be properly disposed of in accordance with all existing laws. (c) No cooking may be conducted while the vehicle is in motion. All TCS food must be under strict temperature control as required by TFER at all times. (d) Equipment for cooling, heating, and cold and hot holding shall be sufficient in number and capacity to provide adequate temperature control as specified by the TFER. (e) All equipment used for maintaining adequate temperature control of TCS foods, including cold holding and hot holding units, must be functional and remain operational at all times. (f) A three compartment sink for washing, rinsing, and sanitizing is required. (g) A least one hand sink stocked with soap, paper towels, and 100°F hot water shall be available for convenient use by employees. Ordinance No.XXXX Page 10 of 16 (h) Mobile food units shall provide only single-service articles (ex. disposable plasticware) for use by the consumer. (i) Floors, walls, and ceilings of the mobile food unit must be constructed of durable, easily cleanable material, including, but not limited to, anodized aluminum, stainless steel, or tile. Sec. 18-289. - Sanitation requirements for units with facilities for preparing or dispensing unpackaged food. In addition to the sanitation requirements described in section 18-287, mobile food unit vendors preparing and vending food from a mobile food unit, shall comply with the following requirements: (a) The commissary shall include at least overhead protection for any supplying, cleaning or servicing operation. Areas used only for the loading of water and/or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, need not be provided with overhead protection. The commissary shall include a location for the flushing and the draining of liquid waste separate from the location provided for water servicing and for the loading and the unloading of food and related supplies. (b) The commissary shall maintain a log of mobile food units being serviced at the commissary and require each mobile food unit that is serviced to document the date and time of arrival and departure from the commissary and the services performed. (c) The commissary will make available for inspection the records of the mobile food units serviced. (d) All water and gas distribution pipes or tubing shall be constructed and installed in accordance with public health, fire department, and plumbing standards as set out by the ordinances of the city. The water for said operations shall be potable water from an approved source. At least once each calendar month, the owner operator of a mobile food unit shall sanitize water tanks. Records of sanitization shall be made available to the department upon inspection. (e) A water heating device of sufficient capacity, or an instantaneous water heater, capable of producing one hundred (100) degrees Fahrenheit hot water during the entire time of operation shall be provided in the mobile food unit. (f) All food service operations shall be conducted within the mobile food unit or within the commissary. Sec. 18-290. — Enforcement Authority. (a) Except as otherwise specifically provided in this chapter, the regulatory authority, or designee, shall have authority to enact rules and regulations for the effective implementation of Chapter 18, Article IV, including regulations pertaining to construction and size requirements for mobile food units, and, with input from the Ordinance No.XXXX Page 11 of 16 fire department, regulations pertaining to the installation, use, safety, and maintenance of propane tanks and natural gas apparatus in a mobile unit vehicle. (b) Except as otherwise specifically provided in this chapter, Sections 18-192- 194, 18-211-215, and 18-231- 234 of this Code related to compliance, fees, penalties, permits, correction of violations, permit suspension and revocation, and fines apply to mobile food units. Sec. 18-291. - Penalty. Any person, firm, association of persons, company, and corporation or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, as provided in Section 1-13. A violation under this article is declared to be unlawful and a misdemeanor, with such offense being punishable by a fine not exceeding 500.00; provided, however, that a penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, shall be a fine not exceeding 2,000.00. Each day any violation continues shall constitute a separate and distinct offense. In addition to imposing a criminal penalty, the city may, in accordance with Chapter 54, of the Texas Local Government Code, as amended, bring a civil action against a person violating a provision of this chapter. Sec. 18-292. - Correction of violations; suspension of permit; revocation of permit. (a) Enforcement procedures. The regulatory authority may establish enforcement procedures to ensure compliance with this article which are consistent with the regulations adopted herein, including, but not limited to written warnings, compliance time limits, re-inspection fees, citations, permit suspensions and permit revocation. (b) Inspections. The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions- (1) If an imminent hazard exists, due to an emergency such as a fire, flood, extended interruption of electrical or water service, lack of hot water (at least 100;deg;F or no less than the minimum required temperature set by the TFER), sewage backup, misuse of poisonous or toxic materials, onset of apparent food borne illness outbreak, uncontrolled infestation of insects or rodents, grossly unsanitary occurrence or condition, or other circumstance that may endanger public health or safety, the permit holder shall immediately discontinue operations and notify the regulatory authority. If a mobile food unit is closed or operations have ceased for any of the above mentioned violations, they must cease operation and shall not reopen until such time as the violations or repairs have been completed and a re-inspection has been completed by the regulatory authority. Ordinance No.XXXX Page 12 of 16 (2) Mobile food unit violations shall be corrected immediately and within a time specified by the regulatory authority, and not to exceed 24 hours following the inspection identifying the violation, unless such time is extended by the regulatory authority. (3) Mobile food units closed by the regulatory authority shall not operate at any location within the city limits of North Richland Hills until such time as a re- inspection conducted by the regulatory authority determines that the conditions responsible for the closure of the MFU no longer exist and any other violations addressed by the regulatory authority have been resolved. (c) Suspension of permit. (1) The regulatory authority may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of the ordinance, or if the operation otherwise constitutes a substantial hazard to the public health or safety. Suspension is effective upon service of the notice as required in section 18-233. When a permit is suspended, the holder of the permit, or the person in charge, shall be notified in writing that the permit is, upon service of notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city by the holder of the permit, within ten (10) days of the issuance of the written notice by the City. The permit holder shall be afforded a hearing within ten (10) days of the date on which the city is in receipt of the written request for said hearing. (2) If the permit holder or the person in charge of a MFU does not file a written request for a hearing with the city within ten (10) days of the notice of suspension, then the suspension is sustained. The city may end the suspension at any time if the reason for suspension no longer exists. (3) Whenever a mobile food unit permit is suspended under provisions of this article, it shall not resume operations until such time as a reinspection by the regulatory authority determines that conditions responsible for the suspension of operations no longer exist and any other violations addressed by the regulatory authority have been resolved. The opportunity for reinspection shall be offered within a reasonable time during the hours of 8AM — 5PM, Monday through Friday. (d) Revocation of permit. (1) The regulatory authority may, after providing opportunity for a hearing as specified in subsection (c) of this section, revoke a permit for- (i) serious or repeated violations of the requirements of this article; or (ii) interference with the city's enforcement officer in the course of his or her duties. (2) The city shall notify the holder of the permit or person in charge, in writing, of the reason forwhich the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) days following service of such Ordinance No.XXXX Page 13 of 16 notice unless a written request for a hearing is filed within the ten-day period. (3) The permit holder shall be afforded a hearing within ten (10) days of the date on which the city is in receipt of the written request for said hearing. If the permit holder or the person in charge of a MFU does not file a written request for a hearing with the city within ten (10) days of the notice of revocation, then the revocation of the permit shall become final. (4) Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit after the expiration of one year from the effective date of such revocation. (e) It is a violation to operate a MFU during the period of suspension or revocation of the MFU permit. Section 18-293. — Termination. This ordinance governing mobile food units shall expire on April 30, 2023, unless such provisions are otherwise terminated earlier or extended by the North Richland Hills City Council. SECTION 2: Appendix A, Fee Schedule, Section 18-193, Mobile Food Unit permit fee shall be amended to be $250.00. SECTION 3: Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. provided, however, that a penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, shall be a fine not exceeding $2,000.00. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, the provisions in this Ordinance shall control. SECTION 5: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance No.XXXX Page 14 of 16 Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty of this ordinance two times in the official City newspaper. SECTION 8: This ordinance shall become effective May 1, 2021. AND IT IS SO ORDAINED. PASSED AND APPROVED on the day of 2021. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: By: Alicia Richardson, City Secretary/ Chief Governance Officer Approved as to Form and Legality: By: Maleshia B. McGinnis, City Attorney Approval Recommended: Ordinance No.XXXX Page 15 of 16 By: Stefanie Martinez Director of Neighborhood Services Ordinance No.XXXX Page 16 of 16 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 12, 2021 SUBJECT: Approve minutes of the March 22, 2021 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the March 22, 2021 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE MARCH 22, 2021 Via Webex Video Conference WORK SESSION CALL TO ORDER The City Council of the City of North Richland Hills, Texas met in work session on the 22nd day of March at 6.00 p.m. via video conference prior to the 7.00 p.m. regular Council meeting. 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 March 22, 2021 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 Kelvin Deupree, Place 7 Staff present via video conference: Mark Hindman, City Manager Alicia Richardson, City Secretary Maleshia B. McGinnis, City Attorney 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. March 22, 2021 City Council Meeting Minutes Page 1 of 9 City Council had no questions for staff. EXECUTIVE SESSION 1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - (1) 5301 DAVIS BOULEVARD AND (2) 6504, 6508, 6512 SMITHFIELD ROAD AND 6517 CENTER STREET. Mayor Trevino announced at 6.02 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, Section 551.072:Deliberate the purchase, exchange, lease or value of real property - (1) 5301 Davis Boulevard and (2) 6504, 6508, 6512 Smithfield Road and 6517 Center Street. Executive Session began at 6.06 p.m. and concluded at 6.47 p.m. Mayor Trevino announced at 6.47 p.m. that City Council would convene to the regular City Council meeting. 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 March 22, 2021 meeting of the North Richland Hills City Council is hereby called to order at 7.00 p.m. using Webex video conference. Mayor Trevino conducted a roll call of City Council members to confirm the presence of a quorum. Present via video conference: Oscar Trevino, Mayor 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 Kelvin Deupree, Place 7 Staff present via video conference: Mark Hindman, City Manager Alicia Richardson, City Secretary Maleshia B. McGinnis, City Attorney March 22, 2021 City Council Meeting Minutes Page 2 of 9 A.1 INVOCATION Associate Mayor Pro Tern Orr gave the invocation. A.2 PLEDGE Associate Mayor Pro Tern Orr led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. 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. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER DEUPREE TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE REGULAR MARCH 8, 2021 CITY COUNCIL MEETING. March 22, 2021 City Council Meeting Minutes Page 3 of 9 B.2 APPROVE TREE TRIMMING SERVICES FROM THE PAYSAGE GROUP, LLC, DBA SMITH LAWN AND TREE, F.A. BARTLETT TREE EXPERTS CO., DBA BARTLETT TREE EXPERTS, AND SHAWNEE MISSION TREE SERVICE, INC., DBA ARBOR MASTERS TREE SERVICE, FOR A TOTAL COMBINED AMOUNT NOT TO EXCEED $57,472 DURING FY 2020-21 AND FOR AN ANNUAL COLLECTIVE AMOUNT NOT TO EXCEED $95,862 FOR SUBSEQUENT RENEWALS UTILIZING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND CITY OF SOUTHLAKE. B.3 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH STRATACT MEDIA GROUP, LLC FOR MEDIA ADVERTISING FOR NRH2O FAMILY WATER PARK IN AN AMOUNT NOT TO EXCEED $210,000. B.4 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DIGITAL BOUNDARY GROUP FOR A NETWORK SECURITY ASSESSMENT IN THE AMOUNT OF $59,000. B.5 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HILLTOP SECURITIES ASSET MANAGEMENT, LLC FOR ARBITRAGE REBATE COMPLIANCE SERVICES. B.6 CONSIDER RESOLUTION NO. 2021-021 AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE 2021 URBAN AREAS SECURITY INITIATIVE (UASI) PROGRAM FOR NORTHEAST FIRE DEPARTMENT ASSOCIATION (NEFDA) - HAZARDOUS MATERIAL (HAZMAT) MONITOR EQUIPMENT. B.7 CONSIDER RESOLUTION NO. 2021-020, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SCHOOL RESOURCE OFFICER SHARED SERVICES AGREEMENT WITH BIRDVILLE INDEPENDENT SCHOOL DISTRICT FOR THE 2021-2022 SCHOOL YEAR. B.8 FP 2021-01 CONSIDERATION OF A REQUEST FROM PACHECO KOCH CONSULTING ENGINEERS FOR A FINAL PLAT OF LOTS 1, 2, AND 4, BLOCK 1, WOLFF IRON HORSE ADDITION, BEING 9.067 ACRES LOCATED IN THE 6300-6400 BLOCKS OF IRON HORSE BOULEVARD. B.9 CONSIDER AWARD OF BID NO. 21-011 TO APEX CONCRETE CONSTRUCTION, INC., FOR CONCRETE WORK FOR THE NORTH HILLS DRIVE AND NOR'EAST DRIVE PROJECTS, IN THE AMOUNT OF $278,255.50. March 22, 2021 City Council Meeting Minutes Page 4 of 9 B.10 CONSIDER AWARD OF BID NO. 21-012 TO TEXAS MATERIALS GROUP, INC., DBA TEXAS BIT, FOR ASPHALT AND SUBGRADE WORK FOR THE NORTH HILLS DRIVE AND NOWEAST DRIVE PROJECTS, IN THE AMOUNT OF $761,840.95. C. PUBLIC HEARINGS CA CONDUCT A PUBLIC HEARING AND CONSIDER RESOLUTION NO. 2021-018, ADOPTING THE 47TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. APPROVED Mayor Trevino opened the public hearing and called on Assistant Director of Neighborhood Services Kristin James to present the item. Ms. James shared that the City of North Richland Hills would be awarded approximately $310,000 for the 47th Year CDBG program. The City will also realize a $24,106 savings from a previous year's completed project for a total of $334,106. The proposed use for this funding is to reconstruct approximately 2,000 linear feet of sanitary sewer line along Paramount Drive. The current estimate for the reconstruction is $331,768. City Council had no questions for staff. Mayor Trevino asked Assistant City Secretary Traci Henderson to call on those who completed requested to speak during the public hearing. There being no one, 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 ASSOCIATE MAYOR PRO TEM ORR, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE RESOLUTION NO. 2021-018, ADOPTING THE 47TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS March 22, 2021 City Council Meeting Minutes Page 5 of 9 EA CONSIDER ORDINANCE NO. 3683 AMENDING SECTION 54-166 OF THE CODE OF ORDINANCES TO RESTRICT PARKING ON DESIGNATED PORTIONS OF JANETTA DRIVE BETWEEN HOLIDAY LANE AND CUMMINGS DRIVE. APPROVED Managing Director Mike Curtis informed City Council the item before them evening is to consider an ordinance that restricts parking on designated portions of Janetta Drive between Holiday Lane and Cummings Drive. The proposed ordinance will restrict parking on the south side of the 7200 and 7300 blocks of Janetta Drive beginning at Holiday Lane and extending east, ending at Cummings Drive, between the hours of 9.00 a.m. and 2.00 p.m.on Monday through Friday. Mayor Pro Tern Turnage asked Mr. Curtis if Richland High School has agreed to communicate the information to the student body and staff. Mr. Curtis informed City Council the police department has been in communication with Richland High School. In response to Mayor Pro Tern Turnage's question, Mr. Hindman shared with City Council that he has been in communication with the school to inform them of the no parking signs. Mr. Hindman informed the school that the city would not be enforcing the no parking on Janetta for the remainder of this school year. The enforcement will begin with the 2021/2022 school year. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY DEPUTY MAYOR PRO TEM RODRIGUEZ TO APPROVE ORDINANCE NO. 3683, AMENDING SECTION 54-166 OF THE CODE OF ORDINANCES TO RESTRICT PARKING ON DESIGNATED PORTIONS OF JANETTA DRIVE BETWEEN HOLIDAY LANE AND CUMMINGS DRIVE. MOTION TO APPROVE CARRIED 7-0. F. GENERAL ITEMS FA APPROVE RESOLUTION NO. 2021-019, CONTINUING PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM. APPROVED Assistant Director of Neighborhood Services Kristin James advised the HOME program was created by the National Affordable Housing Act of 1990 to provide decent affordable housing to lower-income households. The HOME program for North Richland Hills is administered by Tarrant County. In order to participate in the program, a municipality March 22, 2021 City Council Meeting Minutes Page 6 of 9 must commit to 30% in matching funds. The maximum amount of HOME funding a municipality may request is $200,000. Staff is recommending City Council approve Resolution No. 2021-019, committing to $36,000 in matching funds. If approved, the City will request $120,000 in HOME funds for 2021 that will fund approximately five (5) homes. A MOTION WAS MADE BY COUNCIL MEMBER DEUPREE, SECONDED BY MAYOR PRO TEM TURNAGE TO APPROVE RESOLUTION NO. 2021-019, CONTINUING PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM. MOTION TO APPROVE CARRIED 7-0. F.2 APPROVE A 2.5% INCREASE IN SALARY FOR SWORN PUBLIC SAFETY EMPLOYEES IN THE CIVIL SERVICE PAY PLAN EFFECTIVE APRIL 24, 2021, AND A RESTORATION OF A PAY REDUCTION THAT WAS IMPLEMENTED APRIL 25, 2020 THROUGH SEPTEMBER 30, 2020 FOR GENERAL SERVICE EMPLOYEES AND CONTRACT EMPLOYEES (CITY MANAGER, CITY SECRETARY, CITY ATTORNEY, AND MUNICIPAL COURT CLERK). APPROVED City Manager Mark Hindman informed City Council the item before them this evening is to consider increasing public safety's (sworn police and fire) pay ranges by 2.5% effective April 24, 2021. City Council is also being asked to consider authorizing a one-time lump sum payment for general service employees (non-sworn) and contract employees equal to the amount of salary reductions (2.5%) between April 25, 2020 through September 30, 2020. Mr. Hindman stated that a decision to reduce salaries in 2020, was the result of the economy during the pandemic and there were a number of concerns with city revenues in response to the pandemic. The economy rebounded much quicker than anticipated and revenues did not decline steeply as projected by staff. Mr. Hindman commented that it is appropriate to reconsider the salary reduction implemented in 2020. Mr. Hindman informed City Council the adjustment can be made utilizing existing savings in vacancies and other areas, and that a budget amendment would not be necessary. March 22, 2021 City Council Meeting Minutes Page 7 of 9 A MOTION WAS MADE BY COUNCIL MEMBER DEUPREE, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE A 2.5% INCREASE IN SALARY FOR SWORN PUBLIC SAFETY EMPLOYEES IN THE CIVIL SERVICE PAY PLAN EFFECTIVE APRIL 24, 2021, AND A RESTORATION OF A PAY REDUCTION THAT WAS IMPLEMENTED APRIL 25, 2020 THROUGH SEPTEMBER 30, 2020 FOR GENERAL SERVICE EMPLOYEES AND CONTRACT EMPLOYEES. 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 no action is necessary as the result of executive session. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Mayor Pro Tern Turnage made the following announcements. If you are not already registered to vote, or need to change your voter registration information, April 1 is the last day to do so before the May 1 election. Please contact the Tarrant County Elections Office for more information. City Hall and other non-emergency city offices will be closed on Friday, April 2. The NRH Centre, Richland Tennis Center and Iron Horse Golf Course will be open. Garbage and recycling will be collected as normally scheduled. Kudos Korner - Public Works - A citizen emailed her appreciation for the employees who plowed and sanded streets during last month's winter storm. She called about a bad intersection and Public Works responded within one hour to spread sand. She added that her son travels through many cities on his way to work. He bragged how amazing NRH did in keeping streets passable compared to other cities. She wants all NRH employees to be recognized for their amazing work at keeping everyone safe. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7.39 p.m. March 22, 2021 City Council Meeting Minutes Page 8 of 9 Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer March 22, 2021 City Council Meeting Minutes Page 9 of 9 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 22, 2021 SUBJECT: Consider authorizing the purchase of Cradlepoint wireless routers and related components and installation services for Fire Department vehicles from CDW-Government, LLC (CDW-G) and Crosspoint Communications, Inc. (Crosspoint), in the combined amount of$59,453.52 using Texas DIR Contract No. DIR-TSO-4234 and BuyBoard Contract no. 604.20. PRESENTER: Bob Weakley, Assistant Director-IT SUMMARY: Cradlepoint wireless routers are currently installed in Public Safety vehicles to obtain and sustain a constant wireless connection with the City's network and infrastructure. This project replaces the Cradlepoint routers in the Fire Department vehicles due to age and end-of-life for the model currently used. GENERAL DESCRIPTION: As part of the FY 2020-21 Adopted Budget, funding was included for the replacement of the Cradlepoint routers currently used in Fire Department vehicles. The Cradlepoint routers currently in use are older models that have reached the end of their service life. In order to stay current with all the firmware and security updates it is necessary for the current Cradlepoint routers to be replaced. Cradlepoint routers provide a secure and consistent connection with the City's network and provide the GPS locations for those vehicles that are used in the City's dispatch center. CDW-G has an active contract through Texas DIR, contract number DIR-TSO-4234, that is available for the City to use. The City has used CDW-G in the past and has had a successful track record with this vendor. Crosspoint has an active contract through BuyBoard, Contract No. 604-20, also available for the City's use. Use of cooperative agreements satisfies any state law requirements to competitively bid these services. Funding for this project was included in the FY 2020-21 Adopted Capital Budget (IT2109). RECOMMENDATION: Authorize the purchase of Cradlepoint wireless routers and related components for Fire Department vehicles from CDW-Government, LLC, and Crosspoint Communications, Inc., in the combined amount of $59,453.52 using Texas DIR Contract No. DIR-TSO- 4234 and BuyBoard Contact No. 604-20. DIR Contract No. DIR-TSO-4234 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES CDW GOVERNMENT LLC 1. Introduction A. Parties This Contract for Products and Related Services ("Contract") is entered into between the State of Texas ("State"), acting by and through the Department of Information Resources ("DIR') with its principal place of business at 300 West 151h Street, Suite 1300, Austin, Texas 78701, and CDW Government LLC ("Vendor"), with its principal place of business at 230 N. Milwaukee Avenue, Vernon Hills, Illinois 60061. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-SDD-TMP-398, on February 16, 2017, for Emergency Preparedness and Disaster Recovery Information Technology (IT) Products and Related Services. Upon execution of this Contract, a notice of award for RFO DIR- SDD-TMP-398 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP-398, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-398, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1,and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The initial term of this Contract shall be two (2) years commencing on the last date of approval by DIR and Vendor, with one (1) optional two-year term and one (1) optional one-year renewal. Prior to expiration of each term, the contract will renew automatically under the same terms and conditions unless either party provides notice to the other parry Department of Information Resources Page 1 of 5 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4234 Vendor Contract No. 60 days in advance of the renewal date stating that the party wishes to discuss modification of terms or not renew. Additionally,the parties by mutual agreement may extend the term for up to ninety (90) additional calendar days. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Emergency Preparedness and Disaster Recovery Information Technology (IT)products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.13 above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.13 above. B. Services Services available under this Contract are limited to the technical services as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.13 above. 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purchase Orders,Invoices and Payment, and as set forth in Appendix C,Pricing Index, and shall include the DIR Administrative Fee. 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is three-quarters of one percent (.75%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $750.00. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a parry at the respective address indicated below. If sent to the State: Kelly A Parker, CTPM, CTCM Director, Cooperative Contracts Department of Information Resources 300 W. 151' St., Suite 1300 Department of Information Resources Page 2 of 5 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4234 Vendor Contract No. Austin, Texas 78701 Phone: (512) 475-1647 Facsimile: (512) 475-4759 Email: kelly.parker&dir.texas.gov If sent to the Vendor: Tara Barbieri CDW Government LLC 230 N. Milwaukee Avenue Vernon Hills, Illinois 60061 Phone: (866) 673-1446 Email: taraL&cdwg.com. 7. Software License, Service and Leasing Agreements A. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. B. Conflicting or Additional Terms In the event that conflicting or additional terms in Vendor Software License Agreements, Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. In the event of a conflict, any linked documents may not take precedence over the printed or referenced documents comprising this contract; provided further that any update to such linked documents shall only apply to purchases or leases of the associated Vendor product or service offering after the effective date of the update; and, provided further, that, if Vendor has responded to a solicitation or request for pricing, no update of such linked documents on or after the initial date of Vendor's initial response shall apply to that purchase unless Vendor directly informs Customer of the update before the purchase is consummated. Department of Information Resources Page 3 of 5 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4234 Vendor Contract No. In the event that different or additional terms or conditions would otherwise result from accessing a linked document, agreement to said linked document shall not be effective until reviewed and approved in writing by Customer's authorized signatory. Vendor shall not [without prior written agreement from Customer's authorized signatory,] require any document that: 1) diminishes the rights, benefits, or protections of the Customer, or that alters the definitions, measurements, or method for determining any authorized rights, benefits, or protections of the Customer; or 2) imposes additional costs, burdens, or obligations upon Customer, or that alters the definitions, measurements, or method for determining any authorized costs, burdens, or obligations upon Customer. If Vendor attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to the contract between DIR and Vendor or Vendor and Customer, and Vendor will nonetheless be obligated to perform the contract without regard to the prohibited documents, unless Customer elects instead to terminate the contract, which in such case may be identified as a termination for cause against Vendor. The foregoing requirements apply to all contracts, including, but not limited to, contracts between Customer and a reseller who attempts to pass through documents and obligations from its Manufacturer of Publisher. 8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. No exceptions have been agreed to by DIR and Vendor. (Remainder of Page Intentionally Left Blank) Department of Information Resources Page 4 of 5 OR rev 03/2018) DIR Contract No. DIR-TSO-4234 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. CDW GOVERNMENT LLC Authorized By: Signature on File Name: Tara K. Barbieri Title: Director Program Sales Date: 8/27/2018 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date: 8/30/2018 Office of General Counsel: MH 8/29/2018 Department of Information Resources Page 5 of 5 (DIR rev 03/2018) 0 P.O. Box 40,01,Austin,Texas 78767 WBoard 800.888.291118. infra@bUybeard.cann .lbr.lyboard.conn March 3, 2021 Sent via email to: cgordon(acrosspointcomm.com Chris Gordon Crosspoint Communications (formerly DFW Communications) 501 Duncan Perry Road Arlington TX 76011 Re: Radio Communications and Video Recording Products and Services BuyBoard Contract 604-20 The Local Government Purchasing Cooperative(BuyBoard)awarded your company a contract under Radio Communications and Video Recording Products and Services, Contract 604-20 effective April 1, 2020 through March 31, 2021, with two possible one-year renewals. At this time, the BuyBoard is renewing your contract through March 31, 2022. All discounts,terms, and conditions of your contract will remain the same. If you agree to this renewal,there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at I„i �� rr�ai.rac� in„(�t��sl:�.crlrr� prior to the start of the renewal term. Reminder: Once a BuyBoard contract is awarded, vendors must generate a minimum of$15,000 annually or they may not be offered a contract renewal. If you have questions or comments concerning this renewal, please contact me as soon as possible at I„.i..sa;rr�,ai.rac e..in.� �.t��sl:�.crlrr�. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Lisa Maraden Contract Administrator 15t renewal v.02.13.2020 0 Endorsed b * TASAV T • 9 ard' PFCouperativePurchasing P 0. Box 400 Austin, TX 78767-0400 60tt.696.2.91.9 1 612.467.tt222 / 6'ax:606'.211,6464 buyboard.coni February 10, 2020 Sent Via Email: cgordon@crosspointcomm.com Chris Gordon Crosspoint Communications, Inc. 501 Duncan Perry Road Arlington, TX 76011 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Radio Communications and Video Recording Products and Services, Proposal No. 604-20 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal.The contract is effective 4/1/2020 through 3/31/2021, with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 604-20 on the following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Ir 7( - Arturo Salinas Department Director, Cooperative Procurement v.6.5 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- fire Local Covefwu)eW Parr,hasi;dy Cooperative Js earl reed bye yfte Tee ds AsTsoci,,N r of Sdwov Bo"'rajs, , � fexas Prrrrrr,rfaf f eyrre, ye�� AsF �;tlo r1 ref Cr�uraYre,, ararY lP7e fexrt.,��svr,r�ftr�r�aP '�rnr�J�drraa�'rasPaaPras. 'yi wn d ti lhool �����mm����������� ��mm�uumuuu�iuuiioouuuuuuuu�i���mm�imi�mi��� u����Tmmt �����m�il�l�llll������l��llllllllllll�ll�i�l��l������1������lllllllllllllllllllllllll�l�� �llllllllllll�l�lllll��������������� �����l�l�l��l�l�l�l�lllllllllllllllllllll�lll�lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll�lll�lllllllllllllllllllll�l�l�l���l�������������l�llllllllllllllllllll�ll�l�lllllllllllllllllll�llll�llll�����fll�llllllllllll February 10, 2020 Sent Via Email: cgordon@crosspointcomm.com Chris Gordon Crosspoint Communications, Inc. 501 Duncan Perry Road Arlington,TX 76011 Welcome to BuyBoard! Re: Notice of Nation/Purchasing Cooperative Award Proposal Name and Number: Radio Communications and Video Recording Products and Services, Proposal No. 604-20 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 4/1/2020 through 3/31/2021, with two possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, µ Arturo Salinas Department Director, Cooperative Procurement v.6.5 ////%/O%///%�i%�G%i%i�iioiriiir� INS PO. Box 400,Austin, Texas 78767-0400 800.695,2919.buyboard,con Aft% go No oara Cooperative Purchasing 12007 Research Boulevard , AListin, Texas 78759-2439 - PH: 800-695-2919 1 FAX: 800-211-5454 , t2LiyL)oard.corn PROPOSER's, AGREEMENT AND SIGNATURE Prol2osall Name: Radio Communications and Proposal Due Date/Opening Date and Time: Video Recording Products and Services August 29, 2019 at 4:00 PM Location of Proposal.0pening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 604-20 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time Period: April 1, 2020 through January 2020 March 31, 2021 with two (2) possible one-year renewals. Crosspoint Communications Inc. 8-25-19 Name of Proposing Company Date 5011 Duncan Perry I Street Address signature &f Authorized Company Official Arlington TX 76011 Craig Sikes City, State, Zip Printed Name of Authorized Company Official 844-276-7770 coo Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 972-445-0915 75-2,63,4799 Fax Number of Authorized Company Official Federal ID Number ProposaV Forms COMM/SVCS v.05.31.2019 we arn il Nun__,0__-'-- ____-= - The proposing company ("vou"or"vour ) hereby acknowledges and agrees as follows; 1. You have carefully exammed and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items (collectively"Requirements"); 2. By your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviatlons or exceptions are noted in the Proposal; 3. Any and all deviations and excepbonstwthe Requirements have been noted in your Proposal and nn others will be claimed; 1. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperadve), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pOdmg to members that is the best you offer compared im similar customers; b. payment ofa service fee in the amount specified and as provilded for in this Proposal Invitation; c. the possible awandofapiggy-backcontnac1hyanothergovernnnenta| entityornonprofitentib6invvhicheventyou will offer the awarded goods and services in accordance with the Requirements; and d, submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have deaHy identified on the included form any information in your Proposal that you believe to be confidential or proprietary ur that you do not consider to be public information subject to puNicdisc|osure under aTexas Public Information Act request ur *imWar pub|lcinhormatiom law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and Und you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully nsv�ewed your Proposal, and CerUfv that all information provided is true, comp>ete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any m�ssteLement, fa|slficatimn, or omission in your Proposal, whenever or however discovered, may 6squa|lfyyou from consideration for a contract award under this Proposal Invitation or resUt in termination of an award or any other remedy Qractiomprov|ded for in the General Terms and Conditions or6vlaw. Proposal Forms cown/SvCSv.osu1.zn/p mv olard Cooperative Purchasing 12007 Research Boulevard Aushn, Texas 78759-2439 - PH: 800-695-2919 1 FAX: 800-21.1-5454 1 L)Li 7g�rd� cccgn, VENDOR CONTACT INFORMATION Name of Company: rosspoint Communications Inc. _._. Vendor Proposal/Contract Contact Name: Chris Gordon Vendor Proposal/Contract Contact E-mail Address: cg o rd o n@ G ro s S p o i n co m m.Co m Vendor Contact Mailing Address for Proposal/Contract Notices. Q� Duncan P£ 1I` Rd ,riBD� QO T T1 1 Company website: V'Uww.crossp!r1intcCMmm.com Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: insidesales@crosspolintcomm.com Purchase Order Contact: Kevin Brady Phone: 844-27 -7770 Alternate Purchase Order E-mail Address: cg o rd on @cross po i ntco m rn.co rn Alternate Purchase Order Contact: Chris Gordon Phone: 972-743 5880 ❑ Purchase orders may be received by the Designated Dealer(s)identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes "RFC"` : Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: insldesales@Grosse intcC1mm.comii RFQ Contact: Kevin Brady Phone. 4 - 7 -7770, Alternate RFQ E-mail Address: cgordon@Crosspointeernrn.com Alternate RFQ Contact Chris Gordon Phone: 972 7 3-5880 Proposal Forms COMMISVCS v.05.31.2019 mnft� Ab ard Cooperative Purchasing 12007 Research Boulevard I Austin, Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 , buvboard.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: NN' Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: 501 Duncan Perry Rd. Department: Inside Sales Arlinqton TXcity. State: Zip Code: 76011 Contact Name: -Kevin Brady Phone. 682-251 -8687 Invoice Fax: Invoice E-mail Address: ap@crosspointcomm.com Alternative Invoice E-mail Address: kbr,ady@crosspointcomm.com El In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: **ff Vendor authorizes a billing agent to receive and process service fee Invoices, In accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing In that desIgnatlon shall relieve Vendor of Its responsibilities and obligations under the Contract Including,but not limited to,payment of all service fees under any Contract awarded Vendor. Proposal Forms COMM/SVCS v.05.31.2019 � ara Conperative Purchasing 1200 Research Boulevard 78759-2439 PH800-b95-291g 1 RAX8O&21154S4 FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification mf Criminal History of states: "A person or business entity that en:ters into a contract with a scNqv| district must give advance notice to the district if the person mran owner or operator has been convicted nfafelony. The notice must indmdeo general description ofthe conduct resu|tlngin the conviction ofa, fe|nny." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the coobac±." following: My company is a publicly-held corporation. (Advance notice reqUirement does not apply to publicly-held corporation.) My company is not owned or operated by anyone who has been convicted of a felony. El My company is ovvmed�/nperated by thefo|8owing individual(s) who has/have been convicted of felony: Name of Fe|on(s); Details ofCnmv|cUon(s): Bya�gnahuns be|nw, I certify that the above information is true, complete and accurate and that am authorized by my company tu make this certification. Crosspoint Communications Inc. Company Name L/?Z� , r_.- — 'Craig Sikes Signature of ahonzea Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension,"as described in the Federal Register and Rules and Regu|atimns. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory ouchnrity. My company agrees to immediately ngt|(v the Cooperative and all Cooperative members with pending purchases mr seeking to purchase from my company ifmy company oran owner or principal is later listed on the government-wide exclusions �n S4M, or is debarred, suspended, mr otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. C[0ssDo'Dt CoNMD1un'caf`OnS Inc. Company Name Craig Sikes Signature of Authorized Company Official Printed Name Proposal Forms caww/SvCSuos.s1.zom � We 'mokard Co rative bwope u Purchasing RESIDENT/NONRESIDENT CERTIFICATION Chapter2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a"resident" proposer is a person whose principal place of business is in Texas, including a contractor whose uKhmate parent company Or majority owner has its principal place Wfbusiness in Texas, A "nonresident"proposer is a person who is not Texas resident. Please indicate the status of your company as e "resident" proposer ora ~nonresident" proposer under these definitions. I certify that my company isa Resident Proposer. El I certify that my company is a Nonresident Proposer., If your company is a Nonresident Proposer, You must provide the Fo||ovvimg information for your resident state (the state in which your company's principal place of business is |ncahed):� Company Name Address city State Zip Code A. Does your resident state require a proposer whose principal piece of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive comparable contract? El Yes |l No B. What is the prescribed amount orpercentage? $ or VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education [ode establishes certain criteria that a school district must consider when determining to whom to award a contract, Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner(i) has its principal place of business in Texas; or(|i) emp|oys at least 5QU people inTexas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check W) ong Qf the following: El Yes El No By signature below, I certify that the information �n Sections 1 (Res/dsntlftmnesid{ert and 2 (Vendor Employment Certification)above is true, momp�ete and accurate and that am authorized bymy company ho make this certification. C[OssD0'DtC(]mmUQiCat'Dns Inc. Company Name Craig ���' Sikes s Sig naturemfV�hohzed Company Official Printed Name pmnos°/Forms u)MM/SvCSuos.31.m/o � ard Cooperative Purchasing 12007 Research Boulevard Austin, Texas 78759-2439 PH: 800-695-2919 FAX 800-211-5454 No ISRAEL BoycoTT CERTIFICATION Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter into a contract with a value of$100,000 or more that is to be paid wholly or partly from: public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods orservices unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (Tsu. GcmT[oms Ch. 2270). Accordingly, this certification form is included to the extent required by law. "Boycott Israe|" means refusing to Ueo| with, terminating business activities with, mr otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not indude an action made for ordinary business purposes. Tsn.Gov�r CODE §0Q8.0O1(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term mfany contractawardedunderth|sPnoposa| Invitabon,tha1thiscertiMoationistrue,comp|eteanduncurate,amdthaLIamauthorized by my company to make this certification. CFOSSQoiDt Communications Inc. Company Name ,Qt Craig ' S'L~ es Signature cfAuo(orizeU company official Printed Name Note: if Vendor does not w1sh to make thIs certificatlon,return the blank form In/leu of a completed cert1ficatlon. No EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2Z52of the Texas Government Code provides that aTexas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or aforeign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas CnmptmoHer under Texas Government Code §§808.051, 807.851/ mr2Z52.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating toSudan, Iran, mr any federal sanctions regime relating to aforeign terrorist organization is not subject tn the contract prohibition.) By signature be,low,I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that Iom authorized bwmy company bo make this certification. Cross%}DiNtCOOlmUD'cat'oDs Inc. Company Name Craig Sikes | ���� ��. ~° ^� �.�� . ~~~~ Signature 0fAhnrized Company UUlda| Printed Name r4b. Ab A11111111111b No uara kwCooperative Purchasing 12007 Research Boulevard I Austin, Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 , buy oard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or"MWBE"and all referred to in this form as a"HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check (-V) afl that apply: El I certify that my company has been certified as a HUB in the following categories: 0 Minority Owned Business El Women Owned Business Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of'20% or more as determined by the U. S,. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Crosspoint Communications Inc. Company Name Craig Sikes Printed e Signature )rized Company Official Proposal Forms COMMISVCS v.05.31.2019 a OW uard Cooperative Purchasing 12007 Research Boulevard , Austin, Texas 78759-2439 , PH: 800-695-2919 , FAX: 800-211-5454 , buyboard,corn CONSTRUCTION-RELATED GOODS AND S,ERVICEs AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory"),Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative.This BuyBoard contract does not include such services.Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act(Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at bi.,i yboa rd L�iLV2,gLi Qr JR ()jjrces.aspLx, provides an overview of certain legal requirements that _,co Qj_ - are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and Understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services, whichever comes first. Crosspoint Communications Inc. Company Name Craig Sikes Signature o uthorizecl Company Official Printed Name 7-25-19 Date Pfoposaq Forms COMM/SVCS v.05.31.2019 � oarn 777� Cooperative P 12OO7 Research Boulevard Austin, Texas 787592439 PH: 800695 Z01O FAX 800211 5*S4 DEVIATION AN'D COMPLIANCE, If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject proposal based upon any submitted deviation. Please check (V) one of the folloLA� W NO; Deviations 0 Y\eS; Devimtioms List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWIN!g INFORMATION: 1. Shipping Via: El Common Carrier El Company Truck Al Prepaid and Add to Invoice El Other: Z. Payment Terms: 0 Net 30days F-1 1% in 10/Net3Odays F-1 Other� �—��3. Number of Days � �for Delivery: 4. Vendor Reference/Quote Number: °�/� ,4ays '� new ' �� E State your�tunn policy: Typically ox 6. Are electronic payments acceptable? WYes E| No 7. Are credit card payments acceptable? E]Yes El No C[QsSDOi0f CD00OlUQ'cat'OMs Inc. :9k Craig Sikes Signature ct Authorized Company Official Printed Name Proposal Forms cowM/Svc/^ns.a/.zvm � Uard Cooperative Purchasing 120O7 Research Boulevard LOCATION JAUTHORIZED SELLER LISTINGS, If you have more than one location/authorized seller that will service a m3rtnac± awarded under this Proposal Invitation, please list each location/authorized seller be|oxv. if additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors s,ha|| remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form, Company Name � k a �\ Address t ZS70d, city State zip Phone Number Fax Number Contact Person Company Name Address ���u�~~`~� / ' , ~ wm city State Zip d Phone Number Fax Number Contact Person Proposal Forms camw/Svc ^os.u,.uo,y &FB'dard" LoCATION /AUTHORIZED SELLER LISTINGS If you have more than one seller that will service a0Atract awarded under this Proposal Invitation, please eachNcaUon/author�edseller Ue�w. Ifadd�ona| sheets are requinsd' o�asedup|�ateth�nornam necessary. NCTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in aozorUancewith the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, You must complete the ManufacturerDesignated Dealer form. Company Name I Address city State Zip Phone Number Fax Number Contact Person Company Name Address city Tt�-te Zip 27 Phone Number Fax Number Contact Person pnnos6|Forms comm/SvoS^us.o1.2mm • 8oard� coopemme Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 ,buvboard.com LOCATION /AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. company Name _ Address �tr.yc.r^` �o lO�t�Cp gy'2 1(o City State Zip S?L/g- a7c - -7-7r/ Phone Number Fax Number Contact Person Company Name t av S 38*� ST cSy;T. 110 Address ' E %aev%i k Ar,Zo r•-� g�t0 City State Yr7 Zip ZYY- 7G - ???v Phone Number Fax Number C k r.r- &.0 rc�a h Contact Person Proposal Forms COMM/SVCS v.05.31.2019 Aft*h Ab lbw- a AV%A99 Adow bW &a# d Cooperative Purchasing 12007 Research Boulevard •,Austin, Texas 78759-2439 - PH: 800-695-2919 1 FAX: 800-211-5454 , b w Co I Lio�Lid. LOCATION AUTHORIZED SELLER LISTINGS. If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below, If additional sheets are required, please duplicate this form as necessary, NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form, Crosspoint Communications Inc. Company Name 501 Duncan Perry Rd Address Arlington TX 76011 City State Zip 844-276-7770 972-445-0915 Phone Number Fax Number Chris Gordon Contact Person Crosspoint Communications Inc. Company Name 8707 Fallbrook Dr. Address Houston TX 77064 City State Zip 281 -924-9804 Phone Number Fax Number Sam Shimfess,el Contact Person Proposal Forms COMM/SVCS v.05.31.2019 � oard PVC0 opera a ve'"Zurvlsing MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("0esignatedDealerslto receive Cooperative member Purchase OndersonVendor's behalf, you must complete this form for each dealer you wish to des|gna1e. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded e Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBmard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives o Purchase Order directly/ it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, im its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBQand at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate, multiple dealers, please duplicate this form as necessary. [l/a . Designated Dealer Name Designated Dealer Address city State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach VV-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Proposal Forms con��V�Cs^ns.nz.m^o No h oarty VC00pera t,vow7orclswin"go 12007 Research Boulevard , Austin, Texas 78759-2439 - PH: 800-695-2,919 , FAX 800-211-5454 , b yboard.con2 TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas,. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services Included In your proposal, you must complete .and submit a separate Texas Regional Service Designation form for each group of products and clearly Indicate the products or services to which the designation applies In the space provided at the end of this form. By designating a region or regions,you are certifying that you are authorized and willing to provide the proposed products and services In those regions. Designating regions In which you are either unable or unwilling to provide the spectfled products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers I will service Texas Cooperative members statewide. 46 1 will not service Texas Cooperative members statewide. I will only service members in the regions checked below: 4 In Region Headquarters I Edinburg 71 2 Corpus Christi 71 3 Victoria 71 4 Houston I. k' 71 5 Beaumont ------ i~ ?4'11 71-11, 0 6 Huntsville 71 7 Kilgore 8 Mount Pleasant 9 Wichita Falls 3 0 10 Richardson ❑ 11 Fort Worth 12 Waco -1-1 2 ❑ 13 Austin ❑ 14 Abilene ❑ 15 San Angelo 16 Amarillo Crosspoint Communications Inc. 71 17 Lubbock 18 Midland Corn Name ❑ 19 El Paso 71 20 San Antonio Signs '*'thorized Company Official u r e-0/Authorized Craig ikes 71 1 will not service members of Printed Name the Texas Cooperative. Proposal Forms Comm/Svcs v.05.31.2019 j.jYooard Cooperative Purchasing 12087R*search Boulevard ~Austin, lexas78759-2430 PH 880�95-2919 FAX: 800 If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here� pmposa/Forms cowm/Svcsv4s.v.m19 A**& AV arnNo bwCooperative Purchasing 12007 Research Boulevard , Austin, Texas 78759-2439 - PH: 800-695-2919 1 FAX: 800-211-5454 ,!.2.qyho-ard.ca n STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated, (Note.-If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services Included In your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly Indlicate the products or services to which the designation applies In the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services In those states. designating states In which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, If awarded,termination of your Contract. Please check (V) all that apply; I will service all states in the United States, I will not service all states in the United States. I W11 service only the states checked below: 0 Alabama El Alaska El Nebraska El Arizona El Nevada El Arkansas 0 New Hampshire F-1 California (Public Contract Code 20118 &20652) El New Jersey El Colorado ❑ New Mexico El Connecticut El New York El Delaware F-1 North Carolina R District of Columbia F-1 North Dakota F-1 Florida El Ohio El Georgia El Oklahoma F] Hawaii El Oregon El Idaho ❑ Pennsylvania 7 Illinois 7 Rhode Island El Indiana 0 South Carolina ❑ Iowa 0 South Dakota Kansas El Tennessee El Kentucky El Texas El Louisiana El Utah El Maine ❑ Vermont El Maryland ❑ Virginia F-1 Massachusetts El Washington 0 Michigan 0 West Virginia El Minnesota El 0sconsin El Mississippi Wyoming R Missouri El Montana Proposal Forms COMM/SVCS,v,05.3 1,2019 ' � uajrn,,. Cooperative Purchasing 12007 Research Boulevard Austin, Texas 78759-2439 PH 800-695-2919 FAX 800-2115454 This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal, Cn3sspO'nt CDOOOlUniC3fiQns Inc. Company Name cto� Craig Sikes Signature of Authorized Company Official Printed Name If this State Servlce Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services tnwhich this form applies here: Proposal Forms coww/SvcSvus.o1.znzn oara Cooperative Purchasing 12007 Research Boulevard , Austin, Texas 78759-2439 � PH: 800-695-2919 FAX: 800-211-54 NATIONAL PURCHASING COOPERATIVE VENDOR AwARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. lf you agree 1obe considered for a piggy-back award bvthe.Nationa{ Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members |n the states you have indicated onthe State Service Designation form, in your Proposal, By signing this form, Proposer(referred to in this Agreement as"Vendor") agrees as fol|mmos: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative (~Texas [ooperative") avvenjs Vendor contract under this Proposal Invitation {"Under|yingA»vand"l, the National Purchasing Cooperative ("National [noperaLive°) may but is not required to - "piggy'back"pn orre'aVVand all Ora portion of that Underlying Award ("Piggy-Back Avvard'1. By signing this National Cooperative Vendor Award Agreement ("Agreement"), Vendor acoepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. InthaeventNationa| CooperativeawardsVendora9iggy-Bach/4werd, theNativna| CowperativeAdministrator("BuyBmard Adm|nistsdor") will notify Vendor in writing of such Piggy'BackAward, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing bv the BuyBoandAdministrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no iO±er|ineaUonaor changes to this Agreement bv Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state ofpurchase, as required by the Underlying Award, However, nothing in this Agreement prevents Vendor from offering National Cooperative members better(i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4,, Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BUyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to Netimna| CooperaLiveonsuchscheduleasiLspecifies (vvhichsha|| no1bemoreoftentbammonth|v). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes mfreviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant tn the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award sha|| inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties tnthis Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event wfoonficL between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only tnthe extent necessary to reconcile the conflict. Proposal Forms cowm/SvCSuoss1.xo10 0 Ago& U'ard Cooperative Purchasing 12007 Research Boulevard ,Austin, Texas 78759-2439 - Phi, 800-695-2919 ' FAX: 800-211-5454 - 7. This Agreement shall be governed and construed In accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative,and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement, Crosspoint Communications Inc. 60,4-20 Name of enclor Proposal invitation Number Craig Sikes Signa4turef Au khorized Company Official Printed Nameof Authorized Company Official 8-25-19 Date Propasa Forms COMMISVCS v.05.31.2019 oard kwCopperativePurchasing 12007 Research leva FEDERAL AND STATE/PURCHASING COOPERATivE ExPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Nease respond bo the following questions. 1. Provide the dollar value ofsales to or 1hnnwyh purchasing cooperatives at or based on an established oatallogmr market price during the previous 12-month period or the last fiscal year: $ . (The period of the 12 month period is ). In the event that a do|Varva|ue �s not an appropriate measure of the sales, provide and describe your own measure of the sales of the i1em(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items Linder equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, asan awarded vendor. Rows shomUdbe added to accommodate as many purchasing cooperatives as required, CURRENT FORMER VENDOR(Y/N)?— AWARDED PURCHASING VENDOR? IF YES, LIST YEARS COMMODITY 1. Federal General Services Administration 2. T-PASS (state of Texas) 1 U,S, Communities Purchasing Alliance 5, Houston-Galveston Area Council (HGAC) 6. National Joint Powers Alliance (NJPA) 8. The Intedocal Purchasing System RN MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoerd vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposail. Explain any difference between your current and proposed discounts. Current Discount(9h): S% Proposed Discount(o/0): 21% Explanation: pm,mu/Forms comn/SvCS*ns.a1.2nm oard Cooperative Purchasing 12007 Research, Boulevard ,Austin, Texas 78759-2439 - PH: 800-695-2919 1 FAX: 800,-211-5,154 l)L4yLQqEd&,QjL1 By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification, Crosspoint Communications Inc Company Name Craig Sikes Signature of Authorized Company Offida@ Printed Name Proposal Forms coma/Svcs v.05.31.2019 O oarn 120O7Research Boulevard Ausfin,Texas 78759-2439 PM 800-595 Z919 1 FAX: 800 2 GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references, The Cooperative may contact any and all: references provided as part of the Proposal evaluation, Provide the information requested below, including the existing price/discuonLsyou offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discoun1syuu offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1.City 0f Frisco, Barry Turner, S72-292-6142. btVrne[@friscotexaS.gQv. 3%-21% $295.000 2.ManSƒie1d IS[). Pa0FiAD8ll. 817-473-58U4, beVe[UVstah!@misdrMai1.org. 3%-21%, $142,OOO 3.Keller [S[}. Barbara McKinney 817-770-5781' h@[abara.D1ckiUney@kBlle[i8d.A8t. 3%-21%, $136.000 City of Flower��ound Wendell B72-�74-3344 vvende|| m|t�h�||��f|nw�pm�undoom 396-2196 ��3QOO 4. ' ' ' � ' ` ' S.Collin County College, Curtis Martin, 972-578-5804' Cd8artiD@colliO'ed:u' 3%-21%` $39'000 Do you ever modify your written policies orstandard governmentalsales practices as identified im the above chart 1ogive better discounts (lower prices) than indicated? YES [] NO N If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company tn make this certification. C {]ss - Communications �+ ' +' Inc.- ;�; V Signature of Authorized Company Official Craig Sikes Hinted Name Pmposal Forms comM/SvCSv.0sz1.2m1m A011h, RD lhnft� Aft uara Cooperative Purchasing 12007 Research Boulevard , Austin, Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal, (Example: Explain how your company will initially inform Cooperative members of your BuyBoard contract, and how you will continue to support the BuyBoard for the duration of the contract period.) Attach additional pages if necessary. Crosspoint take advantage of our state of the art marketing tools to get our message -.......... ......- ........... out. We rely on our Salesforce CRIVI to assist in generating leads. We also use Pardot, the automated —------------------ ........ marketing module for Salesforce. As a result, BuyBoard members will be kept abreast of product updates, incentives and promotions, new products, and any other news as applicable. .......... .................... Cross point Communications Inc. Company Name Signature of Authorized Company Official Craig Sikes Printed Name Proposal Forms COMMJSVCS v.05.31.2019 oard Cooperative Purchasing 12087Research Boulevard CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, honnu documentation, or other materials submitted by Vendor ho the Cooperative in response tothis Proposal Invitation, including cataiogs and phce|iats, may be subject to the disclosure requirements of the Texas Public Information Act(Texas Government Code chaipter552.DU1, et 5eq.)or similar disclosure |ovv. Proposer must clearly identify on this form enyimhzrmetionimitsProposa](indudinghzrms,dnrumeniatinn,mrothermateMa|s5ubmittedvvitbthePnopmaa|)thatPnnposer considers proprietary orconfidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to nndh/ Vendor or seek protection of Such information from public disclosure should a member of the public or other third party request access tn the information under the Texas Public Information Actor similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential, Does your Proposal (including forms, documentation, or other materials submitted with the Proposa|) contain information which Vendor considers proprietary orconfidential? Please check N)one of the followi= NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. D you responded°YEB" you must identify below the specific information you consider confidential or proprietary, List each page number, §omo number, or other information sufficient to make the information readily idemtiMab|e. The Cooperative and its Administrator will not be responsible for Pn3pOser's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by |am4 even if such information has been identified herein as information the vendor considers confidential mrproprietary, Confidential / Proprietary Information: (AuochaadlPonal sheets if needed) Proposal Forms oowm/svcsv.os.s1.zo1* o N��[�� NN�� kwCo�a���Zurclsing 12087Reseanch Boulevard ' Austin, Texas 78759 2439 PH 800 69£ 29lg FAX 800-211 S454 !Ed yl B. Copyright Information Does your Proposal (including hzmns, dncumentadon, or other materials submitted with the PropVsa|\ contain copyright information? NO, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information, YES, Proposal (including forms, documentaUon, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specificdocumenLs or pages containing copyright information. Copyright Information: (Attach addIffonalsheets if needed) C.Consent bD Release Confidential/ProprietatyZCopyright Infonnation to BuiyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information incWed in the Proposals of awarded Vendors. If you identffied information on this form as confidentia�, proprietary, or subject to copyright, and You are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constftutes your consent to the disclosure of such Wormation to BuyBoard members, including posdrig of such information on the secure BuyBoard website for members. Note: Nefther the Cooperative nor fts Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. Notwithstanding anything in this Confidential/Prophetary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative maypuh|ica|>y release, including posting on the pubNc BuyBoand vvebsite, a copy of the proposal tabulation for the Contract incUmding Vendor name; proposed cata�og!/phceXist name(s); proposed percentage discmunt(s), hourly labor rate(a), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and ail consents and agreements contained herein. Cr()ss[}o'nt Communications Inc.___ Com me — Z�l 34—�- -- Signature df Authorized Company Official Craig ai Sikes Printed Name 0 �� ����_1 C� / o Date Proposal Forms commISvcsvus.s/,zuw 0 rd bVCoaperativePurchasing 12007 Research Boulevard , Austin, Texas 78759-2439 - PH: 800-695-2919 * FAX: 800-211-5454 ,jjqyDoar_d_.c_o VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name!of Proposing Company: DFW Communic ations Inc. a Division offCA(Lest the LUal name of the coi?7pany seeking to contract ivith the Cooperative. Do NOT list an assumed name, oba, aka, etc. here. Such information may be provided below. If you are submitting ajoint proposal with another entity to pro V00 the same proposed_goods or services, each submitting entity Should complete a separate vendor information form, Separately operating legal bu5me-55 entitie-5, even if affiliated entities, which propose to provide goods or services separately must subn7it their own Proposals.) Please check(21)one o the follow ing: Type of Business: Individual/Sole Proprietor Corporation x ....... Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Texas Federal Employer Identification Number: 75-2634799 (Vendor must include a completed J-RSJJL-9 form with their proposal) List the Name(s) by which Vendor, if awarded,wishes to be identified on the BuyBoard: (Note: If differentthan the Name of Rrvposing Company listed above, only valid trade names(dba, aka, etc.)of the Proposing company maybe used and a copy of your Assumed Name Cartificate(s),if applicable,must be dttached) Cross pint Communications DBA Prclxs n Forn)s COMM/SVCS v.05-31-2019 F-o rn, W-9 Request for Taxpayer Give Form to the fRev,Octohm 2018) Identification Number and Certification requester.Do not pepw4nen%of tnP'rreosLry send to the IRS. Internal Revenue Service 10-Go to www.irs.gov/FormW9 for instructions and the latest Information. I Nirne(as shown on your uicornratax return),Narnr Is requited on this fineC do nol heave this line blank. DFW Communications Inc dba 2 BuFjno!�s o,�nflty narru,,,ii dMerent from above Crosspoint Cornrnunic-atIcmsds ...—,,,,,--' 3 Chock appropiiate box for federat tax of tire parson whose rome on rintewd on floe,1.CN,',ck only one of the 4 Exewptrons(ceder apply only to foRowintr soveo boxes. certaiiit efttfim,not lndividu,,Vs ,;ee insirudions on pago 3): Individual/soki Proprietor or F!�] C�Corporaon U S Corpou'llion Partnersliip Dust/estate 0 LLC Exenij)t payers coded(it any) El Limited fininday cornpany,Ewer kho tax claOicalron(G,�C corpoiation,S=,9 coiporalion,P,,ParinersNp)* Note:Check the appropmale box in the line aonve 4ot Vie tax dassffication of the s4vjle-mernoer owner. Do not chock Excniption fvorn FAI CA reporUny ai LLC of the LLC is clas kfied as a angle;-qiornber LLC that is d,rmgardod frorn the owner unless the owner of ffw 11C is code(it any) another LLC that Is,Plot&;negarded frorn the owuier for U,S,forft'�Tal tax pueluw es.Otherwlse,a single-wernber tt C Ilizo CL rs dtwegardod froln the Owner Oeck the appwpr�ate box foF Vie tax da.sOi nofloru oaf its mvror. imtructlons)P- ------ too* 5 Agjd�ess�nornbQr,streol,and apt.or on�Sea Reqjester's narnks and address(optional) q� V 501 Duncan Perry Rd .............. 6 Oly,state,and ZIP code Arlington, TX, 75060 - --- .......... . ....... 7 Ust accotirill r7;,FZ�Th.r;(�iuoali Taxpayer Identification Number(TIN) Enler your TIN In the appropriate box.The TIN provided must match the ritirre OrIal security number livcn or)[in(,I to av d S backup vhUnhoWing.For individuals,this Is generally your social so.^curity rlUrtriber(SSN),However,for a resident alion,.tole propirletot,or disregarded erility,see the instnictions for Part 1,later.For other entities,A Is your employer identificallor)nurrit,)Qrr(EIN).If you do not have a number,see How fo got a TIN, later. or Note:It the account Is in more than one nanie,see torte instructions for line I,Also see What Name and LEI iif-icition nurinber Nurnber to Givo the Requostnr for guidelines on whw;e number to enter, -F2] 6 3 4 1 7 1 9 1 9 Certification Under penalties of perjwy,I`certify that: 1,I tic number 0iown on this form is my correct taxpayer Identification number(or I nin waiting for a number to be issued to ni and 2.1 am not subject to backup williholiding beCaLl$e:(a)I am exempt from backup withholding,or(b)1:have not been notified by the Internal Revenue Service(IRS)that I ain subject to backup withholding as or re sub of a failure to report all interest or dividendF,or(c)the IRS has notified me that I tarn no longer subject to backup withholding;and 3,1^,'am a U,S.citizen or other U.S.person(declined lbelovv);arid 4 The FATCA code(s)entered on this form(if any)mrftating thaw I am exempt from FATCA reporting is correct, Certification instructions.You must cross out item 2 above if youl[1,11VP been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax ieturn,For real estate transactions,Item 2,does not apply,.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividemds,you are not requil to sign fli�m;eartificil ion,but you must provide your correct"I'lN,See the Instructions for Part 11,later, .......... here td.S.person 9~ Date 11- General Instructions • Feint 1099-DIV(dividends,Including thoso from stocks or mutual funds) Section references are to the Internal RevenLJO Code unless otherwise -Forn)1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest inforrinalion about developments *Form 1099-B(stock or rInUtUal fUld sales and curtain other related to Form%V-9 and its instruction s,such,as legislation enacted transactions by brokem) after they were published,go to *Forin 1099-S(proceeds from real estate transactions) Purpose of Form -Fotni 1011919-K(merchant card and third party network transactions) An Individual or entity(Form W-9 requester)Mirci is required to file an -Forin 1 OM(home morIg'ago interest),1098-E(,,,,tudent loan interest), information return with the IRS must obtain your correct taxpayer I og 9-r(tuition) Identification number(TIN)which may be your social security nurnber -Form 1099-C(canceled debt) (SSN),Individual taxpayer identification runnt,)er(ITIN),adoption *Fonn 1099-A(acquisit�cn or abandonment of secured property) taxpayer idenfificat=number(ATIN),or employer identification nUrnber (LIN),to report on an information return the amount paid to you,or other Use Forin W-9 only it you are a U.S.person;(including a resident amount reportable on an Information retten.Examples of Information alien),to provide your correct TIN, returns Include,but are not limited to,the following. It you do not rotum Forin W-9 to the requester with a TIN,you might Form 10,99-IN'r(interest earned or pairb trey subject to backup will7holding, See What is backup withholding, later. Cal,No,10231X Forth W-9(Rev.I G-2018) o a oftarn Cooperative Purchasitig bw U.�.. IMPIM 12OO7 Research Bouevard , Austin, Texas 78759`2439 PH 800-695 2g19 FAX 800- 11 5q54 EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under federal grant orcontract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGRR'). All Vendors submitting proposab must complete this EDG&R Certification Form regarding Vendor's willingness and ability to comply with certain requirements which maybe applicable to specific Cooperative member purchases using federal grant funds. Thrscomp|eted form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBnard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements fora procurement using federal grants orcontracts, For each of the Items below, Vendor should certify Vendor's agreement and ablIlty to comply, where applIcable,by having Vendor's authorlzed representative complete and InItIal the applIcable boxes and 51gn the acknowledgment at the end of this form, If you fall to complete any Item In this form, the Cooperative will consider and may 11st the Vendor's response on the,BuyBoard as "NO,ff the Vendor Is unable or unwllllng to comply, A wu response to any orthe items may, if applicable, impact the ability of Cooperative member to purchase from the Vendor using federal fu 1, Vendor Violation ox Breach mfContract Terms: Contracts for more than the Simplified Acquisition Threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition, Council and the Defense Acquisition Regulations Council (Councils) as authorized by41 US[ 1908, must address admin�strative, contractual, or legal remedies in instances vvhena contractors violate orbreach contract terms, and provide for such sanctions and penalties as appropriate. Prov�sions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoand General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon bu Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions, The remedies under the Contract are in addition to any other remedies that may be available under |avv or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause orConvenience: For any Cooperative member purchase or contract in excess of$10,0100 made using federal funds,you agree thatthe following term and condition shall apply: The Cooperati vemember inay&erminate or cancel anypurchase order ander this Contract at any time, with or without cause, bypi-o vibing seven (7)business days advance m-Itten notice to the Vendor If this Agreement Is terminated In accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or servlce5 delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor 2�return pollcy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund smsh/ayvnemt/sl If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative membe/s purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative nnecnber's provision shall control. pmpmsa/Forms co*m/svcsuus.a/.zn1y � woara Cooperative PuochaSiqg 12087Research Boulevard * Austin, Texas 78759 243A PH 800 695 2919 FAX 800-21 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part6O, all Cooperative member purchases or contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 68-1.3 shall he deemed to include the equal opportunity clause provided under 41 CFR 60�-1.4(b), in accordance with Executive Order 11246,"Equal Employment QppoduniLy''(3OFR12319, 12935, 3 CFR Part, 1964-1965 Comp., p. ]39), as amended by Executive Order 11375, "Amend|ng Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office ofFederal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor." The equal opportunity clause provided under 41 CFR GO-1.4(b) is hereby incorporated byreference, Vendor agrees that such prov�sion applies to any Cooperative member purchase or contract that meetsthe definition mf"federally assisted oomstru(±lnn contract" in 41 CFR PmrtG8-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases im excess of$2,0OO, Vendor shall comply with the Davis-Bacon Act(4OUSC 3141-3144, and 3146-314O) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts ' Covering Federally Financed and Ass�sted Construdjon~). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at . Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Aob-Nckback°Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on,Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"), The Act provides that each contractor orsubrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part ufthe compensation to which he or she is otherwise entitled, 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of$iDO,OOO that invm|ve the employment [f mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3784, as supplemented by Department of Labor rego|atons (29 CFR Pert S). Under 40 US[ 3702 of the Act, Vendor is required to compute the wages of ever/ mechanic and laborer on the basis of standard work week of4O hours. Work in excess of the standard work week is permissible pnO0ded that the worker is compensated at rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requlremenis of4O USC 3704 are appNcab|e to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market or contracts for transportation! or transmission of intelligence, 6. Right bo Inventions Made Under a Contract or Agreement: If the Cooperative nnember's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(o) and the recipient or subrecipient wishes to enter into a contract with a small business Nmn or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees tV comply with the above requirements when applicable. Proposal Forms cowmKoxCSxns,zz.2n10 � arn 1IO07 Research Boulevard Austin,7exas78759'2439 PH 800+695-29 g 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act/42USC74O1-7671q.\and the Federal Water Pollution Control Act(33US[1251-1987),am amended—Contracts and suhgn*nts of amounts in excess of$150,008 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant tothe Clean Air Act (42 WSC74O1'7671q.) and the Federal Water Pollution Control Act, as amended (]3 W5[ 1251 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal VVm±er Pollution Control Act. 8. Debarment and' Suspension: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2CFR18O.2ZO) must not bemade to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the [)p4B guidelines at CFR 180that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1909 Comp. p. 235)/"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared |mo[ig|b|e under statutory 0r regulatory authority other than Executive Order 1Z549. Vendor certifies that Vendor is not currently listed on thegovernment'vvide exclusions in SAM, is not debarred, suspended, or otherwise excluded b* agencies wrdeclared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in 5AM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment(31 U5[ 1352) — Vendors that apply or bid foram award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant orany other award covered by 31 US[ 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). 18. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6O02ofthe Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications asaCooperative member may require bo confirm estimates and otherwise comply. The requirements of Section 6002 include procuring oniy items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistentw|th maintaining asatistac±ory level of competition, where the purchase price of the item exceeds, $10,000 or the value of the quantity acquired during the Preceding fiscal year exceeded $10,0Q0; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement ofrecovered materials identified in the EPA guide|ines. 11. Profit as a Separate Element of Price: For purchases us,inQ federal funds in excess of the Simplified Acquisition Threshold, m Cooperative member may be required to negotiate profit as a separate element ofthe price. See, 2 CFR 208.]23(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase, However, Vendor agrees that the total price, imciuding profit, charged b*Vendor io the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms cumm/SsSvos.a.2om � oard bwCooperative Purchasing 12OU7 Research Buuievard Austin, Texas 78759-2439 PH 880-695-2919 FAX *002 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable reCOndheep|0g and record retention requirements. Y 1 agree or, 1. Vendor Violation or Breach of Contract Terms YES C.S. 2. Termination for Cause or Convenience YES C.S. 1 Equal Employment Opportunity YES C.S. 4. Davis-Bacon Act YES C.S. 5 Contract Work Hours and Safety Standards Act YES C.S. 6. Right to Inventions Made Under a Contract or Agreement YES C.S. 7. Clean Air Act and Federal Water Pollution Control Act YES C.S. 8. Debarment and Suspension YES C.S. 9. Byrd Anti-Lobbying Amendment YES C.S. 10 Procurement of Recovered Materials YES C.S. 11,. Profit as a Separate Element of Price YES C.S. 12. General Compliance and Cooperation with Cooperative Members YES C.S. By signature below, I certify that the inh)mnaUnn in this form is true, complete, and accurate and that am authorized by my company to make this certification and all consents and agreements contained herein. Crosspoint Communications CraigCompa Nam Signature of Authorized Company Official Sikes Printed Name Proposal pn,msrowmovcsv.os.z1.zom � ED ard Cooperative Purchasing 12007 Research Boulevard Austin, Texas 78759-2439 PH800+B5-2919 FAX 800B21-5454 PROPOSAL INVITATIO,N,,QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services("Work")under the BuyBoard contract contemplated by this Proposal Invitation ('Contract"). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below orattach your responses to this questionnaire, sign where indicated below,and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business nr result inacquisition hv another entity. Incorporated March 1996 2. Describe the resources Proposer has to manag�e staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. All per8onMell involved in the BuyBoa[d contract have extensive e%DeriOeDCB with all products � �� � + �� � �� services � ��� �� ��� ��� members 3. DescribeProposer's financial capability 0m perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the finmt past or present owners, principal shareholders or stockholders, or officers, have been a debtor party bma bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify, any such debtor party by name and relationship to or position with your firm. O financial ~nanc ��' | strength is |U f we typically have no issues with customers insurance requirements under our current policies Proposal Forms comM/SvcSwo.3zznm o oarn coopt .rative Purchasing 12007Resench Boulevard Austin, Texas78759-243 PH: 80f695-299 800- 4. Does your company have any outstanding fmawd*| jodummnt and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature mf such items and prospects for resolution. None 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name mfthe procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. None G. List all litigation Vr other legal proceedings (including arbitration proceedings), if any, in the last 1O years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees,that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the sty|aofthe |mwsu|torproceed|ng (nameofpartieaandcourtortMbuna| inwhichfi|ed}, natureofthedeim, and resolution or current status. UW None By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire im response tothe above questions is true and correct and that I amm authorized bymny company to make this certification. Crosspoint Communications any Nam Comp e Signature of Authorized Company Official Proposal Forms cowm/svcsv.os.a.zn/e N%46' Ab 1W%L oard Cooperative Purchasing 12007 Research Boulevard I Austin, Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 bWb9aLd.cQ[n REQUIRED FORMS CHECKLIST (Please check(,/)the following) F] Completed: Proposer's Agreement and Signature El Completed: Vendor Contact Information El Completed: Felony Conviction Disclosure and Debarment Certification F] Completed: Resident/Nonresident Certification F1 Completed: No Israel Boycott Certification F-1 Completed: No Excluded Nation, or Foreign Terrorist Organization Certification El Completed: Historically Underutilized Business (HUB) Certification) El Completed: Construction Related Goods and Services Affirmation El Completed: Deviation/Compliance El Completed: Location/Authorized Seller Listings F-1 Completed: Manufacturer Dealer Designation F-1 Completed: Texas Regional Service Designation El Completed: State Service Designation F-1 Completed: National Purchasing Cooperative Vendor Award Agreement F1 Completed: Federal and State/Purchasing Cooperative Experience F-1 CornpIttQd: Governmental References El Completed: Marketing Strategy Fj Completed: Confidential/Proprietary Information R, Completed: Vendor Business Name with IRS Form W-9 R Completed: EDGAR Vendor Certification F-1 Completed: Proposal Invitation Questionnaire F-1 Cornpieted: Required Forms Checklist El Completed: Proposal Specification Form with Catalogs/Pricelists and Manufacturer Letters *Cdtd1ogs1Pr1cebsts must be submitted with propos,71 response or response will not be cvnsldered, Proposal Forms COMM/SVCS v.05,31.2019 _w ua c Lu o cn � v . ol uj ai � J m L4 w CL CL r^w. ci CI _. 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L LD L L o L 1 6 0 un c�iJ aJ 0 Q o v a 6 u d u, Q � ,u c t v � u aJ J LL L V] ° Ci } rn ^'�.1 >LLJU) °� L1 rum o � ro � QCL kro LO cJ Ln r. co an J .©, 4, v, o t t a LU m (( m41 rn �5 C v p -� �► a 2C ,� c a a CM a �L 1 c a17 (a, CM . 'o ..i 0 & a) m p c✓J Cy T' ce c ter GJ Ci ® ns a cn CL • a Q 0 0 a) 0 a '� � t0 'a _ 2 w d g V id V U C Gl n t IL r9 2 0 4- Q yp Iz; CL CT cu s 0 V U Ut3y L1. a *-.. L 11J 3 w m `2 W ti C C C C 'R7y z70 Z7 C ai air w as 0, Z : o � mu c 0m C v a as as 3 .° a m 4+ C�31 0 n t,i v Ls. ai c air a> 0 .0 a} E CL "ra E E cs c� F- �, C c� O sa c cioG a c E o xtoLnu a C3 a L " x 0 t L ro o CL p ai _ CL na c 'C7 cs c 2 � r °`Ee O © o -0 '— u m s Q as 4 'y E lu uC i® cJQUar [] C5cc > a. � v] u > wa, CD U, I .,z MOrOROLA SOLUTIONS Motorola Solutions,Inc. 500 West Monroe Street Chicago,IL 60661 August 9,2019 RE: Letter of Authorization as Motorola Channel Partner To Whom It May Concern: This letter is being sent pursuant to a customer request regarding the relationship between Motorola Solutions,Inc. and DFW Communications dba Crosspoint Communications. Please be advised that DFW Communications dba Crosspoint Communications headquartered.at 501 Duncan Perry Rd. in.Arlington,Texas 76011 is an authorized dealership and Channel Partner for reselling Motorola PCR products. Should'you have any questions,please feel free to contact Ed Center at 972-841-9542 or email at e.centerg)motorolasolutionscom Sincerely, Ed Center Area Sales Manager Motorola Solutions Inc. aVIGILon- a MoUnla SoIaVof.�Compally ii August 8,2019 To whom it may concerw Remn Manufacturer Authorization Letter This letter, is to confirm that the company at the address noted below is a certified Avigilon Service Provider and is a Partner in good standing, Cross point COMMuncations Inc. 501 Duncan Perry Rd Arlington TX 76011 us In order to be an AvigHon Service Provider in good standing, a company is Promptly paying all invoices, has an adequate number of employees who are fully certified as having been trained through Avigilon training programs on how to install and provide first fine of support for all Avigilon products, and has completed several Avigilon solution implementations. This letter is subject to review and renewal on an annual basis, and good standing can be revoked at any time, Please contact the undersigned if you have any questions, Sincerely, AVIGILON CORPORATION Per: Ryan .n Senior Vice President, Commercial Operations Office: 214-445-4-650 20,(I A Aji with a1.SPQ'U V" copyrlr,,ht,industriai de Zn' nthe?11,rtd-Qs oi`Avlgkm"."T P'�J4"F.ns( I I Eu ,) fl. .t;Ui ,..I uv ..r.✓,ul J „'HAi ,d.ie.J.r ,..llu, ,.-a..< ..:.;, l a E..r4, ., i, .. ,orlii. .Iri ,i 11..1 i� n il , U 4 1SOMME August 28, 2019 Chris Gordon Crosspoint Communications 501 Duncan Perry Rd Arlington, TX 76011 RE: Proposal No. 604-20 for Radio Communications and Video Recording Products and Services Dear Chris, Zetron, Inc. hereby authorizes Crosspoint Communications to offer Zetron Products on the Proposal No. 604-20 for Radio Communications and.Video Recording Products and Services R.FP. This authorization remains in effect so long as your Zetron Authorized Reseller/Channel Partner Agreement remains active, or until Zetron notifies you in writing that this authorization is rescinded. Crosspoint Communications will continue to purchase Zetron Products and receive discounts based on the Zetron Standard.Price List and the Reseller/Channel Partner Agreement current at the time of any purchase. Zetron has provided a Standard Price Book Crosspoint Communications for inclusion on the Proposal No. 604-20 for Radio Communications and Video Recording Products and Services RFP, however, for all discounts and product category approvals, please refer to your Authorized Zetron Reseller/Channel Partner.Agreement. .All other terms and conditions will be as stated in your Authorized Reseller Agreement. Please reach out to us at zusstatecontracts a7zetron.com for any questions. Thank you, s Diane Harris Manager, Business Operations & Channel Strategy r (T)425M0.6363 PO Box 97004 °; 12034 134th Ct.NE (E)425.520,7031. Redmond,WA 98073 Redmond,wA,98052 "' "ll /!/y,ID'n1l i /n"'/"a.P,,Or Fi, Yr iir , �; .,....PrJ•pr!?lu'.'/vyl2 H/*...i.�,.,1 y"d., .,, , ,.y ,a�,1 i,nP, i' i log „i-U I 1p'r!" �l LLi � � ��ni ca���. on A/28/2D19 RE:Authorized Dea|ur/ReseUerLetter To VVhunn It May Concern, This letter istn confirm that Crosspoin1 Communications is an authorized neseUerofUn|cadon USA, Inc. products in the state nfTexas. Crusspointia authorized bvUnicadonto sell and service all Unication USA product lines. We are proud to have this company represent the Unication brand and serve the end users of our products. Please feel free to contact noe should you have any questions at all. Thank you! Sincerely, ° Kelly Hooper Client Relations Manager Unication USA, Inc. Emai|:keUy@unimtion.com Phone:817-346'2886 Il��l��li II a PEOPLE WRO wm���ul�i aim IUU Iuvluvl Iwvi uv1 1 uU I Iuv1 I ul�uvl ICI uv1 IUU ICI uv1�11 GET Ii I DEAR I I CK IBUIRINS, Thank you for considering CDW*G for your computing needs. The detaHs of your quote are be oW r"h h Irt,rct to convert your quote to an order. QUOTE# QUOTE DATE QUOTE REFERENCE CUSTOMER MER# GRAND"II'O"II'Al... LWB3230 1/14/2021 PANORAMA 1012925 $7,265,00 I III I�r I 1 lI 1111111�11111111111111111111111111111111111111I Ill 1 1 ! 11 I1 l J 1 1 I , l J� l 1 ITEM QT°Y CDW# I,JiINIT PRICE EXT. PRICE .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. ............................ rfr,;l,,.f rf,,:An e n Cy P i,N Jk 8 b,Ie 25 4541788 $260.11 $6,502.75 Mfg. Part#: GP :IN2.148 Contract: TIPS Technology Solutions Products and Services (200105) � �n;I An e n s .n,,..en b,Ie 6,4 f' 25 4541812 $16.95 $423.75 IAfg. Part#: C23F 51\1 UNSPSC: 2.612.162.3 Contract: TIPS Technology Solutions Products and Services (200105) nr,,i .r % �� ������%, 25 4785987 $13.54 $338.50 IAfg. Part#: AFlvl 835 UNSPSC: 432.2.1706 Contract: TIPS Technology Solutions Products and Services (200105) PURCHASER BILLING INFO 6ty�BTQ�TAL $7,265.00 Billing Address- SHIPPING ' $0.00 CITY OF NORTH R:ICHLAND HILLS ACCTS PAYABLE SALES TAB $0.00 PO BOX 82.0609 NORTH R:ICHLAND FALLS,TX 76182 0609 G IRA IMID TOTA 11 $7,265,00 Pli (817) 581 5533 Payment Terms. VISA DELIVER TO Please remit payments to: 6li Address- CDW Government NORTH R:ICHLAND HILLS FIRE STATION 5 75 Remittance Drive NICK BURNS Suite 1515 7202 DICK FISHER DR S Chicago, IL 60675-1515 NORTH R:ICHLAND FALLS,TX 76180 6li Method. DROP SHIP GROUND 111111 pill Vi 1111lill 11111 oilmi oil Jill I IIII1111111 pill 0,111 Dill 1111111111111 1iiiiii1111111 111111111111111111111111111111111 pillIIIIIIIIIII11111111111 l I ok:j ( (866)665 7135 ( niclola@cdwg.com "D Illllllflflllllllll ® iii® IIII FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPT------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- TQIiN $7,2655 00 $204.07/Montlh $7,2655 00 $233.13/Montlh IAonthly payment based on 36 month lease. Other terms and options are available. Contact your Account IAanager for details. Payment quoted is subject to change. Page 1 of 2 Why finance? ® Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. ® Flexible Payment Terms. 100%financing with no money down, payment deferrals and payment schedules that match your company's business cycles. ® Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. ®Technology Refresh. Keep current technology with minimal financial impact or risk. Add on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. ® Bundle Costs. You can combine hardware, software,and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only.The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CIDW's Terms and Conditions of Sales and Service Projects at For more information, contact a CIDW account manager CJ 2021 CIDW-G LLC, 200 N. Milwaukee Avenue,Vernon Mills, IL 60061 1800.808.4239 Page 2 of 2 Il��l��li 11 u l PEOPLE WIHID wm���ul�i aim 1uU 1uU1uU1 Iwvi uU1 1 1 uU 1 1uU11 u1�uU11 1 uU1 1uU 11 uU1�11 GET II I DEAR I I CK IBUIRINS, Thank you for considering CDW*G for your computing needs. The detaHs of your quote are be oW r"h h Irt.rct to convert your quote to an order. QUOTE# QUOTE DATE QUOTE REFERENCE CUSTOMER MER# GRAND"IIl... I III I�r I l lI 1111111�1111111111111111111111111111111�1111111I Ill 1 1 ! 11 I1 l J 1 1 I , l J J, JJ .. � l ITEM QT°Y CDW# I,JiINIT PRICE FXT. PRICE 11.................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. ........................... N Cl ura;'L*I<fIe E __erg=w.ls � I .. ,%�J,l 45 5732769 $753.00 $33,885.00 J292, F Mfg. Part#: Il 0900120E NNA Contract: Texas D:IR Emerg Prep CradlePoint D:IR TSO 42.34 PURCHASER BILLING INFO 11 $33,885.00 Billing Address- SHIPPING ' $0.00 CITY OF NORTH R:ICHLAND HILLS ACCTS PAYABLE SALES TAB $0.00 PO BOX 82.0609 NORTH R:ICHLAND FALLS,TX 76182 0609 G IRA INID TOTA 11 $33,885,00 Plil (817) 581 5533 Payment Terms.VISA DELIVER TO Please remit payments to, Shill Address- CDW Government CITY OF NORTH R:ICHLAND HILLS 75 Remittance Drive NICK BURNS Suite 1515 PO BOX 820609 Chicago, IL 60675-1515 NORTH R:ICHLAND FALLS,TX 76182 0609 Plil (817) 581 5533 Shill Method. DROP SHIP GROUND 111111 pill Vi 1111lill 11111 oilmi oil Jill I IIII 1111111 pill 0,111 Dill 1111111111111 10111111111111 111111111111111111111111111111111111111 pill IIIIIIIIIII11 Illolll 111 I ii a 1'< <raj ( (866) 567 1653 ( Ienapek@cdwg.cam p'� �Wl IIIIIIII IIIII IIO ®III Illllllllllllllllilllili II®III III�II1110 FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPT------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- TQIiN $33,66'5,g0 $916,59/MoinClh $33,6655 00 $1t056,211/hUszntlh lAonthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change. Why finance? ® Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. ® Flexible Payment Terms. 100%financing with no money down, payment deferrals and payment schedules that match your company's business cycles. ® Predictable, Low lAonthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. ®Technology Refresh. Keep current technology with minimal financial impact or risk. Add on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. Page 1 of 2 ® Bundle Costs. You can combine hardware, software,and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only.The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. **'the Quote is subject to Terms and conditions under Contract#TX-DIR-TSO-4234** 1-U1 IIIUIU 11HU1111dLIU11, uUmduL d �'Uvv du, CJ 2020 CIDW-G LLC, 200 N. Milwaukee Avenue,Vernon Hills, IL 60061 1800.808.4239 Page 2 of 2 Il��l��li I1 u l PEOPLE WRO wm���ul�i aim 1uU 1uU1uU1 Iwvi uU1 1 1 uU 1 1uU11 u1�uU11 1 uU1 1uU 11 uU1�11 GET Ii I DEAR I ICK IBUIRINS, Thank you for considering CDW*G for your computing needs. The detaHs of your quote are be oW r"h h Irr.rcr to convert your quote to an order. QUOTE# QUOTE DATE QUOTE REFERENCE CUSTOMER# GRAND"IIl... LSh"U3589 II/3/2020 CRADLEPOINT 1012925 $9,623,52 r�1Ir.1lI.l1 l 11� � 1��1 ��������1�1�T 1Jl11l 111!ITEM �TY CDW# UNIT PRICE FXT. PRICE ......... .......... .......... ......... .......... .......... ......... ......... .......... .......... ......... .......... .......... ......... ......... .......... ............... N Cl fir, E __erg=�;%Is fr*i M �I<]e r I�rre® 64 4943918 $1 R7.E0 $9,R RE.RO Mfg. Part#: MA1 NCESS R UNSPSC: 43233204 Electronic distribution NO MEDIA Contract: Texas D:IR Ernerg Prep CradlePoint D:IR TSO 42.34 (D1R TSO 4234) N Ch ur, E _ erg=j;%Is fr*i- U r i_ , .,Y .o ,,.i r;., „ 1 4949175 $29.52 $29.52 rl,s:r i p I; n I. Mfg. Part#: TA1 NCESS R UNSPSC: 43233204 Electronic distribution NO MEDIA Contract: Texas D:IR Ernerg Prep CradlePoint D:IR TSO 42.34 (D1R TSO 4234) N Ch rtrr, r __erg=ft;%IJ fr*I-M I<flr r J:�,r��I rie 1 4943918 $1 R7.f 0 $1 R7.f 0 Mfg. Part#: MA1 NCESS R UNSPSC: 43233204 Electronic distribution NO MEDIA Contract: Texas D:IR Ernerg Prep CradlePoint D:IR TSO 42.34 PURCHASER ER BILLING INFO ty�BTQ�TAL $9,623.52 Billing Address- SHIPPING ' $0.00 CITY OF NORTH R:ICHLAND HILLS ACCTS PAYABLE SALES TA $0.00 PO BOX 82.0609 NORTH R:ICHLAND FALLS,TX 76182 0609 G IRA IMID TOTA 11 $9,623,52 PIi (817) 581 5533 Payment Terms.VISA DELIVER TO Please remit payments to: SIi Address- CDW Government CITY OF NORTH R:ICHLAND HILLS 75 Remittance Drive NICK BURNS Suite 1515 4301 CITY POINT DRIVE Chicago, IL 60675-1515 NORTH R:ICHLAND FALLS,TX 76180 SIi Method. ELECTRONIC DISTRIBUTION 111111 pill Vi 1111lill III oilmi oil 01 1,11111II llll pill 0,111 Dill 1111111111111 1iiiiii1111111 111111111111111111111111111111111111111111111111111111111111 GO; I( ii i 11< <raj ( (866) 567 1653 ( Ienapek@cdwg.cam Page 1 of 2 11111 Hill ®III IIIIIIIIIIIIIIIIIIIIII I®IIlilI lip FMV TOTAL FMV LEA�yS+� +� E OPTION BO TOTAL� BO LEASE OPTTC2i� Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change. Whey finance? ® Lower Upfront Costs. Get the products you need without impacting cash)flow. Preserve your working capital and existing credit line. ® Flexible Payment Terms. 100%financing with no money down, payment deferrals and payment schedules that match your company's business cycles. ® Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. ®Technology Refresh. Keep current technology with minimal financial impact or risk. Add on or upgrade during the lease terra and choose to return or purchase the equipment at end of lease. ® Bundle Costs. You can combine hardware, software,and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only.The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease terra. "The Quote is subject to Terms and conditions under Contract#TX-DIR-TSO-4234" CJ 2020 CIDW-G LLC, 200 N. Milwaukee Avenue,Vernon Hills, IL 60061 1800.808.4239 Page 2 of 2 I N 'T° 501 Duncan Perry Rd Yr"I'MunCIF MG'A Arlington, TX 76011 Phone: (877) 730-4339 QUOTATION Q-18973 Bill To: Ship To: North Richland Hills City of FD North Richland Hills City of FD 4301 City Point Drive 4301 City Point Drive North Richland Hills, Texas 76180 North Richland Hills, Texas 76180 United States United States Contact: Jennifer Veber Phone: (817)427-7166 Mobile: Email:jveber@nrhtx.com Date: Pricing Valid for 30 Days 12/21/2020 1:51 PM Qty Item# Description Unit Price Ext Price 62 Hourly Labor- Installer/ Install 25 Sharkee 5 in 1 Antennas on Fire Apparatus-2.5 Hours $140.00 $8,680.00 Programmer per Apparatus at$140.00 per hour TOTAL: $8,680.00 Additional Notes: BuyBoard Contract: 604-20 Customer Approval For Financing options including 0% for up to 24 months click here! Account Manager: Bill Kennedy Tax: Phone: (817) 730-4339 $0.00 Mobile: (817) 789-8610 Total Quote: Email: billkennedy@callmc.com $8,680.00 Sales tax is estimated and will follow the applicable state sales tax rate. Confidential & Proprietary CROSSPOINT COMMUNICATIONS A DIVISION OF MOBILE COMMUNICATIONS AMERICA INC TERMS AND CONDITIONS MCA" &"Company"shall mean Mobile Communications America, Inc. "Customer" &"Buyer"shall mean the customer named herein & "Products"shall collectively mean the equipment, parts, services &software referred to in the agreement. CONDITIONS OF ACCEPTANCE OF ORDER: Mobile Communications America, Inc.'s acceptance of this order is expressly conditioned upon buyer's consent to the terms and conditions of sale as contained herein. This Agreement contains all of the terms and conditions of this purchase and sale. If these terms and conditions are not acceptable to buyer, buyer must so notify MCA prior to order placement by specific written objection. Buyer's consent to these terms and conditions will be inferred upon buyer's acceptance of a quote from MCA unless written objections are received prior to order placement. No waiver, alteration or modification of this Agreement shall be binding on MCA unless in writing and signed by an Executive officer of MCA. CANCELLATION: In case of cancellation prior to delivery, customer will be charged and agrees to pay 20% of the total order, and in addition, pre-site and/or engineering charges as quoted, or at prevailing rates, will be invoiced to Customer. The order is not cancelable after delivery. Cancellations must be provided in writing. Special order items may not be cancelable depending on third party vendor terms and conditions. Programmed equipment is not returnable according to some Manufacturer's guidelines &therefore a cancellation or return may not be accepted by MCA in these instances. DELIVERY: Unless otherwise specifically provided, delivery of all items shall be FOB seller's shipping facility or at seller's option, FOB point of manufacture. Ground shipment charges will be prepaid and added to invoice. Title and risk of loss or damage shall pass to buyer upon seller's delivery of the goods to a common carrier or other delivery agency for shipment to buyer. Standard commercial packing for domestic ground shipment is included in the FOB price. Insurance is not included in the price unless requested by buyer at the time of order placement. It shall be the responsibility of the buyer to file claims with the carrier for loss or damage to goods while in transit. Absent specific instructions, we will select the carrier for shipment, but by doing so, will not thereby assume any liability in connection with shipment nor shall the carrier in any way be construed to be our agent. MCA shall not be liable for any damages or penalty for delay caused solely by transportation or failure to give notice of such delay. The seller shall not be responsible for any failure to perform due to causes beyond its reasonable control, such as, but not limited to, acts of God, acts of the buyer, acts of civil or military authority,judicial action, default of subcontractors or vendors, priorities, labor disputes, accident, failure or delays on transportation, and inability to obtain necessary labor or materials. In the event of any delay due to such causes, or other difficulties, (whether or not similar in nature to any of those specified)the date of delivery shall be extended for a period equal to the time lost. SHORTAGES AND DEFECTS: Buyer will be deemed to have accepted the Products upon shipment unless MCA is notified in writing of the rejection of any unit of the product. Any claim of shortages or defects must be made within 3 days of delivery. Claims must be provided to seller in writing & must inform MCA of the specific reason for rejection. Buyer shall afford seller prompt and reasonable opportunity to inspect all materials against which any claim is made. Buyer shall not return any equipment to seller without prior authorization. After MCA has reviewed the rejection notice &authorized the return, buyer will return the unit to MCA in the same condition as when it was received. All returns must be in the original container& packing along with all accessories & instructions included must be shipped freight prepaid. TERMS AND METHODS OF PAYMENT: Each shipment shall be considered a separate and independent transaction and payment therefore shall be made accordingly. If installation or shipments are delayed by the buyer, payments shall be made due on the date when the company is prepared to make shipment or to install products. Products held for the buyer shall be at the risk and expense of the buyer. Products shipped as exchanges will be invoiced for full value until the product exchange is complete and product has been returned to MCA in good and working condition, only then will full value credit be given to buyer. If, in the judgment of the seller, the financial condition of the buyer at any time does not justify continuance of performance or shipment on the terms of payment specified, the seller may require full or partial payment in advance. In the event of bankruptcy or insolvency of the buyer, or in the event any proceedings are brought by or against the buyer under the bankruptcy or insolvency laws, the seller shall be entitled to cancel any order then outstanding and shall receive reimbursement for its cancellation charges. Customer grants to MCA a purchase money security interest in the goods or supplies, including any software provided hereunder, and to the proceeds thereof until the full price and all other liabilities due to MCA are satisfied. Upon payment in full to MCA, title to the goods and supplies shall pass to Customer and MCA's security interest shall be terminated. Any invoiced amount which is not paid in accordance with the terms &conditions of this Agreement shall be considered overdue. MCA shall be entitled, without prejudice to any other rights or remedies, to charge buyer with interest at the rate of 1.5%of total past due amount. Buyer shall not deduct from any invoice any amounts, except such amounts as are set forth in any written credit memorandum issued by MCA to buyer prior to the due date of the outstanding invoice. Upon any default or breach by Customer hereunder, MCA shall have all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable law, which rights shall be cumulative. MCA shall have the right to enter Customer's premises and repossess and remove any equipment goods or supplies, including any software, sold hereunder if full payment has not been received by MCA. Any controversy or claims arising under this Agreement or under any contract or order to which the terms and conditions of the Agreement apply, which is not settled by agreement of the parties, shall be exclusively subject to the Laws of the State of Delaware and jurisdiction to which buyer consents shall be exclusively in the courts of the State of Delaware. In the event that MCA brings an action for collection of any overdue amount payable under this contract, buyer shall pay the cost of collection including reasonable attorney's fees. STANDARD TERMS: If Customer has not established preliminary credit with MCA, prepayment of full amount is required. STANDARD TERMS WITH CREDIT: 1. Up to $50,000.00 - Net within 30 days after date of invoice. 2. Over$50,000.00 require the below Milestone payments: 40% down at order entry 50% at shipment 10%within 30 days of invoice or completion of installation, if applicable. NON-STANDARD CREDIT TERMS: Negotiable prior to order acceptance. NON-STANDARD PAYMENT TERMS: Subject to convenience fees. 1. Cash 2. Credit card payments by customers with credit terms with MCA LATE FEES: If payment is outstanding after a 7 day grace period, 1.5%of the total past due amount will be added to the balance. All quotations reflect U.S. Dollars. All payments must be made in U.S. funds. TAXES: The prices stated in this order may not include any provision for sales, use, excise, or similar taxes. The amount of any and all such present or future taxes or other government charges applicable to the goods sold will be added by seller to the sales price and shall be paid by the buyer, unless buyer provides seller with a tax-exemption certificate acceptable to the taxing authority. If MCA is required to pay or bear the burden of any excluded tax, the prices set forth herein shall be increased by the amount of such tax and any interest or penalty assessed, and Customer shall pay to MCA the full payment of any such increase no later than 10 days after receipt of invoiced charges. GENERAL: The buyer shall not assign this order or any interest therein or any rights hereunder without the written consent of the seller, and any such assignment shall be void. In no event shall any claim for special or consequential damages be made by either party. The seller will comply with all applicable federal, state and local laws. Any provisions or conditions of the buyer's order which are in any way inconsistent with or in addition to these standard conditions of sales (except additional provisions specifying quantity, character of the product ordered and shipping instructions)shall not be binding on the seller and shall not be considered applicable to this sale. No additions to or modifications of any of these provisions shall be binding unless made in writing and signed by an executive officer of the seller. All such requests must be made within 10 days after Seller's receipt of the order to receive consideration. The validity hereunder shall be governed by the laws of the State of Delaware. The terms of sale shall be as outlined on this document, any terms or conditions not authorized by MCA will be void. If any term or provision of this Agreement shall to any extent be held by a court or other tribunal to be invalid, void or unenforceable, then that term or provision shall be inoperative and void insofar as it is in conflict with the law, but the remaining terms and provisions shall nevertheless continue in full force and effect and the right and obligations of the parties shall be construed and enforced as if this agreement did not contain the particular term or provision held to be invalid, void or unenforceable. The failure of MCA to insist, in any one or more instances, upon the performance of any such term, covenant or conditions of this Agreement, or to exercise any right herein, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of the Customer with respect to such future performance shall continue in full force and effect. PATENT, COPYRIGHT AND TRADEMARKS: . COPYRIGHTAND MASK WORKS: Laws in the United States and other countries preserve for Manufacturers certain exclusive rights, in the Manufacturer's Software, mask works and other works of authorship furnished hereunder, including without limitation the exclusive rights to prepare work derived from same, reproduce copies in same and distribute copies of same. Such Manufacturer's Software, mask works and other works of authorship may be used in and redistributed with only the Equipment associated with same. No other use, including without limitation, the reproduction, modification, or disassembly of such Manufacturer's Software, mask works and other works of authorship or exclusive rights in same is permitted. 2. REVERSE ENGINEERING: Customer acknowledges Manufacturer's claim that the Manufacturer's Software and Equipment furnished hereunder contain valuable trade secrets of Manufacturer and therefore agrees that it will not translate, reverse engineer, decompile, or disassemble, or make any other unauthorized use of such Manufacturer's Software and Equipment. Since unauthorized use of such Manufacturer's Software and Equipment will greatly diminish the value of such trade secrets. 3. LOGOS AND TRADEMARKS: The Products shipped under the Terms and Conditions of the Agreement may carry Manufacturer's logo or such other logo as expressly agreed to by Manufacturer. No buyer, without the express written consent of Manufacturer, shall have the right to use any such trademarks, names, slogans, or designations of Manufacturer in the sales, lease or advertising of any products or on any product. They may also not be used on product containers, component parts, business forms, sales, advertising and promotional materials or any other business supplies or materials whether in writing, orally or otherwise. FCC AND OTHER GOVERNMENT MATTERS: Although MCA may assist in the preparation of FCC License Applications, Customer is solely responsible for obtaining any licenses dictated under the FCC's rules and regulations or required by any other Federal, State or Local government agency. Neither MCA nor any of its employees is an agent of Customer in FCC or other governmental matters. LIMITATIONS: . LIMITATIONS OF MCA LIABILITY: Except for personal injury and except as provided for in the section "PATENT, COPYRIGHT AND TRADEMARKS", MCA's total liability arising out of or related to this Agreement whether for breach of contract, warranty, MCA's negligence, strict liability in tort, or otherwise, is limited to the price of the particular products sold hereunder with respect to which losses or damages are claimed. Customer's sole remedy is to request in writing that MCA at its option either refund the purchase price or repair or replace products that are not as warranted. In no event whether for breach of contract, warranty, MCA's negligence, strict liability in tort or otherwise, will MCA be liable for incidental, special or consequential damages. This includes, but is not limited to, frustration of economic or business expectations, loss of profits, loss of data, cost of capital, cost of substitute products, facilities, or services, downtime cost, or any claim against Customer by any other party. 2. INSURANCE: It is further understood that MCA is not an insurer and that Customer shall obtain all Insurance, if any, that is desired and that MCA does not represent or warranty that MCA products will avert or prevent occurrences, or the consequences therefrom, which are monitored, detected, or controlled with the use of the products sold herein. 3. NO REPRESENTATIONS: MCA's representatives are only authorized to fill in the blanks on this sales order or quote form with the information requested. Any and all representations, promises or statements by MCA representatives that differ in any way from the Terms and Conditions of this sales order, and any applicable warranties and licenses incorporated herein shall be given no force or effect. The issuance of information, advice, approvals, instructions or cost projections by MCA sales or service personnel or other representatives shall be deemed expressions of personal opinion only and shall not affect MCA and Customer's rights and obligations hereunder, unless that same is in writing and signed by an officer of MCA with the explicit statement that it constitutes an amendment to this Agreement. 4. WARRANTY AND DISCLAIMED WARRANTIES: As part of the Agreement MCA has provided Customer with the equipment Manufacturer's warranty and if applicable, it's Software License and Software Warranty which, to the extent applicable, are incorporated into and made a part of this Agreement. These warranties are given in lieu of all other warranties expressed or implied, which are specifically excluded, including, without limitation, implied warranties of merchantability and fitness for a particular purpose & noninfringement. Customer hereby acknowledges receipt of such warranties and license. Warranties are extended to the original End User of the Products and are not assignable or transferrable to any later purchaser. MCA does not warrant that the operation of the products will be uninterrupted or error-free, or that defects in the products will be corrected. No oral or written representations made by MCA or an agent thereof shall create a warranty or in any way increase the scope of this warranty. MCA does not warrant any products that have been operated in excess of specifications, damaged, misused, neglected or improperly installed by another vendor. All labor warranties in relation to installation or repairs made by MCA will be in effect for 30 days after such work is completed. All claims against MCA's labor warranty must be made in writing prior to the end of the 30 day warranty period & must identify specific labor defects. MCA will require a reasonable period to assess and correct the installation or repair warranted. All terms of limitations of MCA's liability under section "Limitations, A" apply to labor as well as product warranties. In addition, labor and travel charges incurred by MCA may not be covered under the Manufacturer's warranty. In such cases, buyer will be responsible for any related charges not covered by the Manufacturer or their warranty. Manufacturer Warranties on equipment, parts and/or software may not cover removal of defective products or reinstallation of repaired/replaced products. Customer shall be responsible for delivering defective products to MCA for warranty service. Customer shall be responsible for reinstallation of repaired/replaced products. MCA reserves the right to charge customer according to MCA's standard rates for any removal or reinstallation under warranty service. THIS AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE. awl PEOI)i E G IlllkwIT' To Whom It May Concern, CDW Government LLC is a publicly traded entity under its parent company (Stock Ticker: CDW). Due to the new rules executed by the State of Texas on 01/01/2018 the Form 1295 is no longer applicable to CDW Government LLC. Please visit the following website for more information. hops://www.ethics.state.tx.us/whatsnew/FAQ, Form 295.html#Who Is Interested Party SECTION 7 - # 4 7.Are there certain contracts that do not require Form 1295? Yes Form 1295,is not required for the following contracts if entered into or amended on or after January 1.2018: (1)a sponsored research,contract of an institution of higher education; (2)an interagency contract of a state agency or an institution of higher education; (3)a contract related to health and human services if: (a)the value of the contract cannot be determined at the time the contract is executed;and (b)any qualified vendor is eligible for the contract; (4)a contract with a publicly traded business entity,including a wholly owned subsidiary of the business entity:. (5)a contract with an electric utility,as that term is defined by Section 3 T 002,Utilities Code;'or (6)a contract with a gas utility,as that term is defined by Section 1211,001,L.R111ties Code,.' CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos,.I-4 and 6 if there are interested parties. OFFICE USE ONLY Compilete 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 oaf the business entity's place Certificate Number: of business. 2021-727328 Crosspoint Communications Arlington, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for wh!Eh the fe7m,-is 03116/2021 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. FD Installs Fire Department Radio Installs Nature of interest 4 Name of Interested Party City,State,Country (place of business) (check applicable) Controlling I intermediary IVA 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION - name is My an ,d my date of is,-, my address is �f 7 t t�%�De4 At -T< 7ca 3,-[ ........... ......—--- ------------ (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. —rd A ��ay of XA Executed in County, State of on the ...........241 (Month) (year) Signature of authorize.d agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 12, 2021 SUBJECT: Award Bid No. 21-009 for annual NRH2O food service products to multiple vendors, Sysco Foods, Ben E. Keith Foods-DFW, and Flowers Baking Co. of Denton, LLC, in the combined amount not to exceed $200,000. PRESENTER: Frank Perez, NRH2O General Manager SUMMARY: The City Council is being asked to approve funding for NRH2O food service resale products for the 2021 season to multiple vendors. The annual contract will cover a six (6) month period (April 12 through September 30, 2021). GENERAL DESCRIPTION: Bidders were requested to submit prices on a list of specific food items as well as specific brands that are high volume sellers. Evaluation factors included brand of food item offered, price, quality, and customer service response. Although the contract will be awarded by section to multiple vendors, the total will exceed $50,000. Therefore, staff is recommending this contract be approved by the City Council. This competitive bid was advertised to the public through the Fort Worth Star Telegram and via the North Richland Hills website. Five (5) bids were received from the following firms: Ben E Keith Co. Flowers Baking Co Sysco Foods Klement Distribution Vistar Section 1: Core Menu Items Primary Vendor Secondary Vendor A Beef Sysco Foods Ben E Keith Foods B Poultry Ben E Keith Foods Sysco Foods C Pork Sysco Foods Ben E Keith Foods D Fries Ben E Keith Foods Sysco Foods E Dairy Sysco Foods Ben E Keith Foods IrLp NOKTH KICHLAN HILLS F Chips Ben E Keith Foods Sysco Foods H Condiments Ben E Keith Foods Sysco Foods I Fryer Shortening Ben E Keith Foods Sysco Foods J Misc Foods Ben E Keith Foods Sysco Foods L Misc Snack Foods Sysco Foods Ben E Keith Foods M Bread Flowers Baking Ben E Keith Foods Co Section 2: Paper/Dry Products Ben E Keith Foods Sysco Foods Section 3: Supplemental Items Sysco Foods Ben E Keith Foods Ben E Keith, Flowers Baking Co, and Sysco Foods each have a long standing history of providing reliable service to NRH2O. Ben E Keith and Sysco will be providing the majority of goods used throughout the park including foods used for Al Gator's Smokehouse & Grill, Piper's and catering. Funding for these purchases is available in the FY 2020-21 Adopted Budget. While NRH2O Family Water Park is owned and operated by the city, it is an enterprise fund that is primarily funded through revenue generated by the park. RECOMMENDATION: Award Bid No. 21-009 for annual NRH2O food service products to multiple vendors in the combined amount not to exceed $200,000. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-722244 Ben E Keith Foods DFW Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 03/02/2021 being filed. NRH2O Water Park Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 21-009 Food Service Products 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Jone,Steve Fort Worth,TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Steve Jones and my date of birth is My address is 7650 Will Rogers Blvd. Fort Worth TX 76140 US (street) (city) (state) (zip code) (country) i declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 11 day of,March 2021 (month) (year) rLll.� Signature of authorized age of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.I-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3.5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-712690 Flowers Baking Co.of Denton,LLC Denton,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/02/2021 being filed. City of North Richland bills Date Acknowledged: 13 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFB#21-009 Bread Products Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Flowers Baking Co. of Denton, LLC Denton,Tx United States X 5 Check only if there is NO Interested Party. El 6 LINSWORN DECLARATION My name is and my date of birth is ................. 1A A My address is (street) (city) (slate) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed In —6Q)A. Counity, State of on the —flay Ok- 20, (month)t (year) air �r DEBORAH LYNNE GONZALES Notary ID#124941037 My Commission Expires ed agent of contracting business entity May 28, 2024 Signature Of authorized Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,1.ceffd98a CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-726815 Sysco Foods Lewisville,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/14/2021 being filed. North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 21-009 food 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Morris,Greg Lewisvill,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is n 2 S and my date of birth is . My address is l.c n ci � � � [f -� �, 7Sa?N . (street) 6 (city) (state) (zip code) (country) I declare under`pe�nalt` y of perjury that the foregoing is true and correct. -� ""� Executed in A-4- County, State of on the r5 day of M y—' 20_�. (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 12, 2021 SUBJECT: Approve Amendment No.1 to the Cooperative Purchase Customer Agreement with Sunbelt Pools, Inc., approving purchases for supplies, maintenance and emergency pool repairs at NRH2O increasing the maximum expenditure amount not to exceed $75,000 using BuyBoard Contract No. 613-20. PRESENTER: Frank Perez, NRH2O General Manager SUMMARY: Staff requests City Council consider approving purchases with Sunbelt Pools, Inc. for supplies, system parts, maintenance, and emergency pool repairs at NRH2O increasing the maximum expenditure amount not to exceed $75,000 using BuyBoard Contract No. 613-20 for FY 2020-21. GENERAL DESCRIPTION: During the season staff utilizes Sunbelt Pools, Inc. for the purchase of pool chemicals, parts for repairs of pumps, motors and other water park systems, and for maintenance of water park systems. In addition to these annual purchases, this year staff will also be utilizing Sunbelt Pools, Inc. to assist in making an emergency repair to underground piping at the Beachside Bay Pool that suffered damage from the winter storm in February. To date staff has made purchases with Sunbelt Pools, Inc. totaling $27,636 for supplies, parts, and maintenance of the water park. Staff anticipates an additional $22,364 in potential expenses for supplies, parts, and maintenance through the remainder of the fiscal year. In addition, the emergency repair of the Beachside Bay Pool quote came in at $25,000. Due to the emergency repair, staff anticipates expenses with Sunbelt Pools, Inc., not to exceed $75,000 in total during FY21. Funding for these purchases is available in the FY2020-21 adopted NRH2O Operating Budget and General Facility Improvements Project (WP2101). Staff anticipates receiving reimbursement from the City's property insurer for the emergency repairs for the damages caused by the winter storm at NRH2O. RECOMMENDATION: Approve Amendment No. 1 to the Cooperative Purchase Customer Agreement with Sunbelt Pools, Inc., approving purchases for pool repairs at NRH2O increasing the maximum expenditure amount not to exceed $75,000 using BuyBoard Contract No. 613- 20. AMENDMENT NO. I TO CITY OF NORTH RICHLAND HILLS SUNBELT POOLS INC. COOPERATIVE PURCHASE CUSTOMER AGREEMENT THE STATE OF TEXAS § THE COUNTY OF TARRANT § WHEREAS,the City of North Richland Hills ("City") and Sunbelt Pools Inc. ("Contractor") collectively referred to as the "parties," made and entered into a Cooperative Purchase Customer Agreement effective on 3/19/2021 ("Agreement"); and WHEREAS, the Agreement involves UV cabinet replacement parts, and labor and materials required to repair NRH2O attractions and pools provided to the City,and the Agreement is governed by the terms and conditions of BuyBoard Agreement 613-20 ("BuyBoard Contract"),which expires on 5/31/2021; and WHEREAS,the parties now wish to amend the Agreement to provide an increased maximum expenditure amount not to exceed $75,000.00 in payments annually for 1 year(s) through 5/31/2021, or through the expiration of the contract renewal date,if the BuyBoard Contract is renewed or extended; NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. Effective 4/12/2021,the Cooperative Purchasing Customer Agreement is hereby amended to modify the Agreement to provide an increased maximum expenditure amount which shall not exceed $75,000.00 through 5/31/2021, or through the expiration of the contract renewal date,if the BuyBoard Contract is renewed or extended. 2. This purchase is for repairs to public property at NRH2O Water Park due to damage caused by the snow storm that occurred in February, 2021 and qualifies as an emergency purchase necessary to preserve or protect the public health or safety, and as a purchase necessary due to unforeseen damage to public equipment or property in accordance with Texas Local Government Code Chapter 252.022(a)(2) and(a)(3) 3. This Amendment No. 1 shall be approved by the North Richland Hills City Council at its next available City Council meeting. 4. All other provisions of the Agreement that are not expressly amended herein shall remain in full force and effect. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: SUNBELT POOLS INC. : By: By: Mark Hindman, City Manager Rob Morgan,President Date: Date: APPROVED TO FORM AND LEGALITY: ATTEST: By: By: Maleshia B. McGinnis, City Attorney Alicia Richardson, City Secretary/Chief Governance Officer City of North Richland Hills—Sunbelt Pools Inc.,Amendment No. I to Cooperative Purchase Customer Agreement Page 1 of 1 City Secretary Office Official Record COpy�, CITY OF NORTH RICHLAND HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between Sunbelt Pools, Inc. ("Vendor") and the City of North Richland Hills, ("Customer" or"Authorized Customer"), a Texas government entity, and a Customer as defined in Section N/A of the Agreement between the[BuyBoard]and Vendor, [Contract No. 613-20], as amended, (the"Agreement")with an effective date of 06/0112020, This Customer Agreement shall be governed by the terms and conditions of the[Agreement], which is incorporated herein by reference and is available online at https://app.buyboard.com/report/20 or upon request from Vendor, and the attached QuotelPurchase Order No.#51970 and#51971.The Agreement expires on 05/31/2021.Authorized Customer is eligible and desires to purchase UV cabinet replacement and various parts pursuant to the terms and conditions of the[Agreement]as the [BuyBoard]may specify from time to time,as well as the terms and conditions of this Customer Agreement. [BuyBoard will only be responsible for services provided to [ BuyBoard] and will not be responsible for payments for services provided to any individual Customer. The Authorized Customer agrees to the terms and conditions of the [Agreement] as applicable. The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment and services provided hereunder. Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the [ BuyBoard ] under the [Agreement], as applicable, as if Customer had entered into the [Agreement]. Further, Vendor agrees that until the expiration of three (3) years after final payment under this Customer Agreement, or the final conclusion of any audit commenced during the said three years, Customer, or Customer's designated representative, shall have access to and the right to audit at reasonable times, all records involving transactions relating to this Customer Agreement necessary to determine compliance therewith, at no additional cost to the Customer.Vendor agrees that the Customer shall have access to such records during normal business hours. Customer shall provide Vendor with reasonable advance notice of any intended audits. Payments under this Agreement shall not exceed $27,635.62 annually for 1 year(s)through 05/31/2021 The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the respective Authorized Customer, and that the execution and performance of this Customer Agreement has been duly authorized by Customer. Authorized Customer has caused this Customer Agreement to be executed by its duly authorized representative to be effective as of this 1114-11- day of YA.WcA- 20;--I, CIT N T RICH AND HILLS: VENDOR NAME: igh-elt Pools, Inc. By: Mark Hindman, City Manager Name: Rob Morgan �n�,, q si,� Title: President Date: wt�Ci���—l--` RIC/./, ��' Date: rch_11 2021 w. ' �Y ATTEST: I9 ) 4L 0 ; By: -t Alicia Richardson,-C Secret C APPROVED TO FORM A 10;G .ITd,1 �`� xs`b C-Y"i kdon Y ---e4gasa6rea��� By. 0 ,te Apumveci Males i B. McGinnis, City Attorney Apad'a PC. or, i;�e6 NCI. City Secretary ®ific XF, Official Record Cop Quote Quote ID: 51970 Customer ID: 327 SUNBELT POOLS Employee ID: marlenec � �oeee P�.nno noao nn�uLs,nc�ersa z�a-saa-��aa Quote Expires: 3/5/2021 Location: City of North Richland Hills NRH2O Consumer Health Division Frank Perez 4301 City Point Drive 9001 Boulevard 26 PO Box 820609 North Richland Hills, TX 76180 North Richland Hills, TX Qty Item Unit Price Discount Total 1 Repairs to UV Unit-ECF-433-14 $960.00 $960.00 Includes labor for one tech for one full day/drive time 4 MP 3.3D $1,080.62 -$864.50 $3,457.98 4 QSL 36x500 $269.06 -$215.25 $860.99 4 ECF wiper blade 36 $67.76 -$54.21 $216.83 (1)each per lamp 8 sleeve seal ECF SS--36 o-ring $2.46 -$3.94 $15.74 (2)each per lamp 1 Lead screw nut for ECF $126.60 -$25.32 $101.28 1 AT-487 temp probe $391.60 -$78.32 $313.28 1 temp metal connector $23.77 -$4.75 $19.02 Sub Total $5,945.12 BUYBOARD 613-20-Swimming Pool Chemicals,Supplies and Equipment Category 3 Pool Mechanical Equipment and Category 15 Repair Labor. Taxes $0.00 Total $5,945.12 Additional Comments GENERAL DISCLAIMER: Sunbelt Pools is not responsible for electrical,gas lines,venting or leaks that may occur on other equipment not related to the work listed above. 10555 Plano Road, Dallas, TX 75238, (214)343-1133 Wednesday,February 3,2021,12:49:42 PM,By marlenec No Page 1 of 1 city secretary Office Official Record Cop � Quote Quote ID: 51971 Customer ID: 327 SUNBELT POOLS Employee ID: marlenec 10666 PLANG RGAD DALLAS,TX76236 294343-1133 Quote Expires: 3/5/2021 Location: City of North Richland Hills NRH2O Waterpark Consumer Health Division Kevin Parsons 4301 City Point Drive 9001 Boulevard 26 PO Box 820609 North Richland Hills, TX 76180 North Richland Hills, TX Qty Item Unit Price Discount Total 1 Replace UV Cabinet on ECF-433-14-4 bulb cabinet $27,113.12 -$5,422.62 $21,690.50 Sub Total $21,690.50 BUYBOARD 613-20-Swimming Pool Chemicals,Supplies and Equipment Category 3 Pool Mechanical Equipment and Category 15 Repair Labor. Taxes $0.00 Total $21,690.50 Additional Comments GENERAL DISCLAIMER: Sunbelt Pools is not responsible for electrical,gas lines,venting or leaks that may occur on other equipment not related to the work listed above. I 10555 Plano Road, Dallas, TX 75238, (214)343-1133 Wednesday, February 3,2021, 1:23:38 PM,By marlenec No Page 1 of 1 nL�D &" City Secretary Office Oici hoard° Vendor C•ntract lInformationSurrimary Vendor Name Sunbelt Pools, Inc. Contact Rob Morgan Phone Number 2147225082 Email robm@sunbeltpools.com Website www.sunbeitpools.com Federal ID 75-2167777 Accepts RFQs Yes Address Line 1 10555 Plano Road Vendor City Dallas Vendor Zip 75238 Vendor State TX Vendor Country USA Delivery Days 4 Freight Terms FOB Destination Payment Terms Net 30 days Shipping Terms Pre-paid and added to invoice Ship Via Common Carrier Is Designated Dealer No EDGAR Forms Received Yes Service-Disabled Veteran Owned No Minority Owned No Women Owned No Is National Yes No Excluded Foreign Terrorist Orgs Yes No Israel Boycott Certificate Yes Is MWBE No Regions Served All Texas Regions States Served Arkansas, Louisiana, Oklahoma, Texas Contract Name Swimming Pool Chemicals, Supplies and Equipment Contract# 613-20 Effective Date 06/01/2020 Expiration Date 05/31/2023 Quote Reference Number 613-20 Return Policy No return of special order items. Normal stock items may be returned up to 30 days if new and unused. 3/15/2021 11:42:53 AM ! (�~ ��(� ' �� �ce � � —�'� ~ ~.~"� ^ ��«: � Official Record | - ' � ' ' ^ "~' Copy } ' P.O.Box 400 Austin, TX7876F0400 800095.29/9 / 512467.8222 / fbc00oo/tn4a4 h»yboanioom April 29, 20ZO Sent Via Email: pobnn@sunbe|tpoo|s.com � RobMongam � Sunbelt Pools, Inc. � 1U55S Piano Road � Dallas,TK75238 � Welcome to8uyBoand! � � Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Swimming Pool Chemicals, Supplies and Equipment, Proposal No. 613-20 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBnand@ contract based on the above-referenced Proposal.The contract is effective 6/1/2020 through 5/31/2021,with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 013-30 on the following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Guide Z. BuyBoand License and Identity Standards � You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines mfthe Cooperative.Accepting purchase orders directly from Cooperative members may result in a violation � of the State of Texas competitive bid statute and termination of this Cooperative BuyBoavd contract. Therefore, all � � purchase orders must be processed through the BuyKBoard in order to comply. Please forward by email to info@buybuard.cnrn any order received directly from o Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded vendor BuyBoard user id and password will be sent via e-mail 2to 3 business days prior to the start mf your contract. On behalf ofthe Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at8OO'09S'2919. Sincerely, Arturo Salinas � Department Director, Cooperative Procurement � The Local Government Purchasing Cooperative bendorsed by the Texas Association of School Boards, �� �� �� Y�� Texas MuniciDal1oaaue,Texas Association of Counties,and the Texas Association of School Administrators, City Secretary Office A clal Record Copy "`:," Natinnal5cltool t:5r;cm tAsrrtss;r.�ca .ru.r Endorsed by 'NSBA• Boards Association April 29, 2020 Sent Via Email: robm@sunbeltpools.com Rob Morgam Sunbelt Pools,Inc. 10555 Plano Road Dallas,TX 75238 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Award Proposal Name and Number: Swimming Pool Chemicals,Supplies and Equipment, Proposal No. 613-20 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 6/1/2020 through 5/31/2021,with two possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase.orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director,Cooperative Procurement v.6.5 41 P.O.Box 400,Austin, Texas 78767-0400 800,695.2919•buyboard.com City Secretary ®dice 4 z ry Official Record Copy Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: Swimming Pool Chemicals, Proposal Due Date/Opening Date and Time: Supplies and Equipment December 19, 2019 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 613-20 12007 Research Blvd. Austin,TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time Period: June 1, 2020 through May April 2020 31, 2021 with two (2) possible one-year renewals. Sunbelt Pools, Inc 12/15/2019 Name of Proposing Company Date 10555 Plano Road Street Address Signature of Authorized Company Official Dallas, TX 75238 Rob Morgan City, State, Zip Printed Name of Authorized Company Official i 214 343-1133 President Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 214 343-1201 75-2167777 Fax Number of Authorized Company Official Federal ID Number Page 9 of 64 Proposal Forms COMM/SVCS v.09.05.2019 ° " City Secretary Office Official Recco d Copy &VDoard4�` Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com The proposing company ("you"or"your' hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions,attachments/forms, item specifications, and line items (collectively"Requirements'; 2. By your response ("Proposal's to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any part of your Proposal and awards you a contract,you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and Cl. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 10 of 64 Proposal Forms COMM/SVCS v.09.05.2019 I Z City Secretary ®ice &578oard�"C Off iclal Record C OPY Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION Name of Company: Sunbelt Pools, Inc Vendor Proposal/Contract Contact Name: Rob Morgan Vendor Proposal/Contract Contact E-mail Address: robm@sunbeltpools.com Vendor Contact Mailing Address for Proposal/Contract Notices: 10555 Plano Road Dallas, TX 75238 Company Website: www•sunbeltpools.com Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: 0 I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: robm@sunbeltpools.com Purchase Order Contact: Rob Morgan Phone: 214 722-5082 Alternate Purchase Order E-mail Address: vicp@sunbeltpools.com Alternate Purchase Order Contact: Vic Paul Phone: 214 722-5089 ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes("RFQ"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: robm@sunbeltpools.com RFQ Contact: Rob Morgan Phone: 214 722-5082 Alternate RFQ E-mail Address: vicp@sunbeltpools.com Alternate RFQ Contact: Vic Paul Phone: 214 722-5089 Page 11 of 64 Proposal Forms COMM/SVCS v.09.05.2019 ��' '"= City Secretary Officeoard' `' '4 Official Record Cody DuCooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: ❑E Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: 10555 Plano Road Department: Accounting City: Dallas state; TX zip Code: 75238 Contact Name: Peggy Giamello Phone: 214 722-5091 Invoice Fax: 214 343-1201 Invoice E-mail Address: peggyg@sunbeltpools.com Alternative Invoice E-mail Address: susanm@sunbeltpools.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: - Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: **If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance with the Genera/ Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including, but not limited to,payment of all service fees under any Contract awarded Vendor. Page 12 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary Office • ® � � Official Record Copy • Board .EXas �� Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code(Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check(-V)one of the following: ❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) 0 My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Signature of Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549,"Debarment and Suspension,"as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Signature of Authorized Company Official Printed Name Page 13 of 64 Proposal Forms COMM/SVCS v.09.05.2019 /� ¢ _�= City Secretary Office 5 Boar a� y 0 ff1cial Record Cp xrs p y Cooperative Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com RESIDENT/NONRESIDENT CERTIFICATION' Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a"resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident"proposer is a person who is not a Texas resident. Please indicate the status of your company as a"resident" proposer or a"nonresident"proposer under these definitions. Please check(-J) one of the following; ❑ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Sunbelt Pools, Inc 10555 Plano Road Company Name Address Dallas TX 75238 City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or % VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain ,criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner(i) has its principal place of business in Texas; or(ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check(-i)one of the following; ❑ Yes ❑ No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Signature of Authorized Company Official Printed Name Page 14 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary Office Boa d Official Record Copy Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter into a contract with a value of$100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEx. Gov'T CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T CODE§808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation,that this certification is true,complete and accurate,and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name _Rob Morgan Signature of Authorized Company Official Printed Name i Note; If Vendor does not wish to make this certification,return the blank form in lieu of a completed certification, NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization—specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below,I certify and verify that Vendor is not on the Texas Comptroller's list identified above;that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Printed Signature of Authorized Company Official Name Page 15 of 64 Proposal Forms COMM/SVCS v.09.05.2019 �F,cH�tis City Secretary Office PFCooperative � Official Record C®py Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or"MWBE"and all referred to in this form as a"HUB'o is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check&) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned Business(veteran defined by 38 U.S.C. §101(2),who has a service-connected disability as defined by 38 U.S.C. § 101(16),and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: E� My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Printed Name Signature of Authoriz d Company Official Page 16 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary office &578oard .°�'�e Official Record Copy Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory',Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative.This BuyBoard contract does not include such services.Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act(Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services , to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services, whichever comes first. Sunbelt Pools, Inc Company Name Rob Morgan Signature of Authorized Company Official Printed Name 12/5/2019 Date Page 17 of 64 Proposal Forms COMM/SVCS v.09.05.2019 �0" -i"' City Secretary Office AqT7BoadOfficial Record Copr Cooperative Purchasing 12007 Research Boulevard ,Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 • buyboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above,your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check (V) one of the following: ❑■ NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑■ Common Carrier 0 Company Truck ❑■ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: 0 Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: Special Order items will take longer 3. Number of Days for Delivery: 4 ARO 4. Vendor Reference/Quote Number: BB 613-20 5. State your return policy: No return of special order items. Normal stock items may be returned up to 30 days if new and unused 6. Are electronic payments acceptable? ❑■Yes ❑ No 7. Are credit card payments acceptable? ❑Yes ❑ No Credit card only at time of order, not after terms. Some limits aDDly to service and amount. Sunbelt Pools, Inc Company Name Rob Morgan, Pres Signature of Authorized Company Official Printed Name Page 18 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary Office ' �� ` Official Record • USoard tx�s Copy Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com LOCATION /AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Sunbelt Pools, Inc - One location Company Name 10555 Plano Road Address Dallas TX 75238 City State Zip 214 722-5082 214 343-1201 Phone Number Fax Number Rob Morgan Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person Page 19 of 64 Proposal Forms COMM/SVCS v.09.05.2019 0-Rofficial City Secretary O ice ard® Record Copy Bo Cooperative Purchasing 12007 Research Boulevard ,Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers'o to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion,to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name i Designated Dealer Address I _ City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 20 of 64 Proposal Forms COMM/SVCS v.09.05.2019 �pCHL"s City Secretary Once ArCooperative Z " d CrOf icial Rec oryard xPs Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 . FAX: 800-211-5454 ' buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as"Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. Ifyou propose to serve different regions for different products or services included in your proposal,you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region orregions,you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination ofyour Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional•Education Service Centers ® I will service Texas Cooperative members statewide. {hart are Ilstndon noninaernh ! »� - '" ❑ I will not service Texas N ,t� Cooperative members .I y "µ �u statewide. I will only i service members in the regions checked below: ' :=,M 9; w;,T ' .r Region Headquarters L,r" z.,,_. �� :; ❑ 1 Edinburg Y�i.. 1 `"" ;ury7 ",;y ❑ 2 Corpus Christi Y©. :. ° 1x: _,_ ._J ❑ 3 Victoria u o `�, :n,°r.�:«. ❑ 4 Houston ., � "r ° _) ❑ 5 Beaumont _ �n,, o' °?is�.,>„ ❑ 6 Huntsville .. ,. S, ❑ 7 Kilgore "' �" _ ❑ 8 Mount Pleasant I � Y �' '` ❑ 9 Wichita Falls ❑ 10 Richardson �` ,�� ,' "s ❑ 11 Fort Worth f` �� ❑ 12 Waco * " ° ❑ 13 Austin " Js ❑ 14 Abilene xL ter, ❑ 15 San Angelo �'` ' ❑ 16 Amarillo Sunbelt Pools, Inc ❑ 17 Lubbock ❑ 18 Midland Company Name ❑ 19 El Paso ❑ 20 San Antonio Signature of Authorized Company Official Rob Morgan, Pres ❑ I will not service members of Printed Name the Texas Cooperative. Page 21 of 64 Proposal Forms COMM/SVCS v.09.05.2019 of City Secretary Office §A. Official Rawl� �� ® ` y &UUoard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78711-2439 • PH: 800-611-2919 • FAX: 800-211-1414 • buyboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Some chemicals have geographical or shipping limitations. Those are listed in the chemcial price list. Page 22 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretanj Office > y Official Record Copy Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com STATE SERVICE DESIGNATION j The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check(-/) all that apply: ❑ I will service all states in the United States. ❑■ I will not service all states in the United States. I will service only the states checked below: i ❑ Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ❑ Nevada ❑■ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 &20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑■ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑Tennessee ❑ Kentucky ❑s Texas j ❑� Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana I Page 23 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary Office ® � y DYZBoard Official Record Copy Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Sunbelt Pools, Inc Company Name Rob Morgan, Pres Signature of Authorized Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Most chemicals cannot be shipped beyond state lines. Page 24 of 64 Proposal Forms COMM/SVCS v.09.05.2019 C�,cH�,tiS City Secretary Office ® � Official Record Copy 6 Board rr-xaS Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation,a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer(referred to in this Agreement as"Vendor') agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative's awards Vendor a contract under this Proposal Invitation ("Underlying Award', the National Purchasing Cooperative ("National Cooperative") may - but is not required to -"piggy-back"on or re-award all or a portion of that Underlying Award ("Piggy-Back Award'o. By signing this National Cooperative Vendor Award Agreement ("Agreement', Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator('BuyBoard Administrator's will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better(i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing-by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms COMM/SVCS v.09.05.2019 Page 25 of 64 City Secretary Office r Offi � e a it C!ppy D17BO d Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria,Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Sunbelt Pools, Inc 613-20 ' Name of Vendor Proposal Invitation Number Rob Morgan, Pres Signature of Authorized Company Official Printed Name of Authorized Company Official 12/12/2019 Date Proposal Forms COMM/SVCS v.09.05.2019 Page 26 of 64 0`� Official Cite Secretary Office DZMBoard Record d Copy Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 ° FAX: 800-211-5454 • buyboard.com FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market - price during the previous 12-month period or the last fiscal year: $1,400,000 . (The period of the 12 month period is 1/19 /12119 ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served as an awarded vendor. Rows should be added to accommodate as man purchasing cooperatives P YP 9 as required. CURRENT FORMER VENDOR (Y/N)?— AWARDED PURCHASING VENDOR? • •D GROUPD•• •• 1. Federal General Services Administration 2. T-PASS (state of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5. E&I Cooperative 6. Houston-Galveston Area Council 7. Choice Partners 8.The Interlocal Purchasing System (TIPS) 9. Other 0 MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount(%): 20 Proposed Discount(%): 20 Explanation: Proposal Forms COMM/SVCS v.09.05.2019 Page 27 of 64 's City Secretary Office &VBoard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name IL Rob Morgan, Pres Signature of Authorized Company Official Printed Name i I I � i i Proposal Forms COMM/SVCS v.09.05.2019 Page 28 of 64 CH �' s City Secretary Office T Official Record Copy Board �� Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1 City of Plano Tommy Bourne 469-346-8574 Tommyb@plano.gov 20% $150,000 Z City of Mesquite Elizabeth Harrell 972 216-6420 Elizabeth Harrell eharrell@cityofinesquite.com 20%, $100,000 3 City of Dallas Tim Trout 214 670-9795 tim.trout@dallascityhall.com 20% $100,000 4 City of Lewisville Hillary Bowen 972 219-3749 hboen@cityoflewisville.com 20% $150,000 5 City of Richardson Chris Cottone 972 744-7894 Christopher.Cottone@cor.gov $200,000 Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES ❑ NO 0 If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Signature of Authorized Company Official Rob Morgan, Pres Printed Name Proposal Forms COMM/SVCS v.09.05.2019 Page 29 of 64 GHI.q /y 2 �2 As ti city S,ecretsry O'c fice ;� ✓ �s Official Record Copy Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 . FAX: 800-211-5454 ' buvboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts,all or part of your Proposal. '(Example: Explain how your company wi/I'initia//y inform Cooperative members of your BuyBoard contract, and,how you,;wi0 continue to support the BuyBoard for the duration,of the contract period.) Attach additional pages if necessary. We regularly tell customers about BuyBoard and encourage it's use to streamline the purchasing process for the customer. We list BuyBoard information on proposals and show it in advertising. Sunbelt Pools, Inc Company Name Signature of Authorized Company Official Rob Morgan, Pres Printed Name i i I i i Proposal Forms COMM/SVCS v.09.05.2019 Page 30 of 64 �Q�'�ti City Secretary office y official ReCo d Copy. &UBoard�eExaS Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 . buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act(Texas Government Code chapter 552.001, et. seq.)or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal(including forms,documentation,or other materials submitted with.the Proposal)that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the,Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request'access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check M one of the following: ME NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. rlYES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. I If you responded"YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential/ Proprietary Information: (Attach additional sheets if needed.) Proposal Forms COMM/SVCS v.09.05.2019 Page 31 of 64 City Secretary Office &USoardso"ROfficia 11 1 Record Cq6y Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com B. CotwiAht Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check(-V)one of the following: ❑E NO, Proposal (including forms,documentation,or other materials submitted with the Proposal)does not contain copyright information. ❑ YES, Proposal (including forms,documentation,or other materials submitted with the Proposal)does contain copyright information. If you responded"YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) f i C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard'Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D.Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Sunbelt Pools, Inc Company Name Signature of Authorized Company Official Rob Morgan, Pres Printed Name 12/12/2019 Date Proposal Forms COMM/SVCS v.09.05.2019 Page 32 of 64 C'ty Seca Office M7s q�, �� d a�Icial eco d Co�� Board �� Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 ' PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: Sunbelt Pools, Inc (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name,dba,aka,etc.here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods orservices,each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check()n one of the following: Type of Business: Individual/Sole Proprietor Corporation x Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Texas Federal Employer Identification Number: 75-2167777 (Vendor must include a completed,IRS W 9 form with their proposal) List the Name(s) by which Vendor, if awarded,wishes to be identified on the BuyBoard: (Note: Ifdifferentthan the Name ofProposing Company/fisted above,only valid trade names(dba,aka,etc.)of the Proposing Company may be used and a copy of your Assumed Name Certificate(s),if applicable,must be attached.) Proposal Forms COMM/SVCS v.09.05.2019 Page 33 of 64 roH�ti City Secretary Offict, T Official Record Cop y Form W-9 Request for Taxpayer Give form to the (Rev.November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name(as shown on your income tax return) Sunbelt Pools, Inc m o Business name,if different from above c 0 4) w a p Individual/ Exempt from backup Check appropriate box: ❑ Sole proprietor ❑� Corporation ❑ Partnership ❑ Other ► __________________ ❑ withholding NAddress(number,street,and apt.or suite no.) Requester's name and address(optional) a c 10555 Plano Road w- City,state,and ZIP code v o Dallas,TX 75238 a)a) List account number(s)here(optional) m C0 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals,this is your social security number(SSN). However,for a resident alien, sole proprietor, or disregarded entity,see the Part I instructions on page 3.For other entities, it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 7 5 2 1 6 7 7 7 7 MMVF Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA), and generally, payments other than interest and dividends,you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of 9/4/2019 Here U.S.person ► Date ► Purpose of Form • An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number • A partnership, corporation, company, or association (TIN)to report, for example, income paid to you, real estate created or organized in the United States or under the laws transactions, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or • Any estate (other than a foreign estate) or trust. See contributions you made to an IRA. Regulations sections 301.7701-6(a) and 7(a)for additional U.S. person. Use Form W-9 only if you are a U.S. person information. (including a resident alien), to provide your correct TIN to the Special rules for partnerships.Partnerships that conduct a person requesting it (the requester) and, when applicable, to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct(or you are to pay a withholding tax on any foreign partners' share of waiting for a number to be issued), income from such business. Further, in certain cases where a 2. Certify that you are not subject to backup withholding, or Form W-9 has not been received, a partnership is required to 3 presume that a partner is a foreign person, and pay the . Claim exemption from backup withholding if you area withholding tax.Therefore, if you are a U.S. person that is a U.S. exempt payee. partner in a partnership conducting a trade or business in the In 3 above, if applicable, you are also certifying that as a United States, provide Form W-9 to the partnership to U.S. person, your allocable share of any partnership income establish your U.S. status and avoid withholding on your from a U.S. trade or business is not subject to the share of partnership income. withholding tax on foreign partners' share of effectively connected income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding Note.If a requester gives you a form other than Form W-9 to withholding on its allocable share of net income from the request your TIN, you must use the requester's form if it is partnership conducting a trade or business in the United substantially similar to this Form W-9. States is in the following cases: For federal tax purposes,you are considered a person if you • The U.S. owner of a disregarded entity and not the entity, are: Cat.No. 10231X Form W-9 (Rev.11-2005) CHLq Ci-ky Sete e«] off ice &578oard'O",-) ��o����� ecot- C®py Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the 'Uniform Guidance"or new"EDGAR'). All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which maybe applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative complete and initial the applicable boxes and sign the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as "NO,n the Vendor is unable or unwilling to comply. A"NO"response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the Simplified Acquisition Threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of$10,000 made using federal funds,you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven(7)business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendors return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms COMM/SVCS v.09.05.2019 Page 34 of 64 OHL, City Secretany Off ice DuCooperative ffic�a9 Rc C ry Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41.CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of$2,000, Vendor shall comply with the Davis-Bacon Act(40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor.. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti-Kickback"Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States'o. The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. S. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms COMM/SVCS v.09.05.2019 Page 35 of 64 ® n D City Secretary Office Pa ����Icuazl Record Copy Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act(42 USC 7401-7671q.)and the Federal Water Pollution Control Act(33 USC 1251-1387),as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms COMM/SVCS v.09.05.2019 Page 36 of 64 ® T��l� City Secretenj Office &U Board °�✓a,�y�� ffac�al Record Copy. Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 . FAX: 800-211-5454 • buyboard.com 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to,applicable recordkeeping and record retention requirements. Vendor Certification: YES,,I agree or Vendor Certification Item No. NO, do NOT a ree . jnitial;,-":: 1. Vendor Violation or Breach of Contract Terms Yes 2. Termination for Cause or Convenience Yes N 3. Equal Employment Opportunity Yes N 4. Davis-Bacon Act Yes 5. Contract Work Hours and Safety Standards Act Yes Ag N 6. Right to Inventions Made Under a Contract or Agreement Yes 7. Clean Air Act and Federal Water Pollution Control Act Yes 8. Debarment and Suspension Yes X2 W 9. Byrd Anti-Lobbying Amendment Yes 12 N 10. Procurement of Recovered Materials Yes lie N 11. Profit as a Separate Element of Price Yes 79 12. General Compliance and Cooperation with Cooperative Members Yes 11e N By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Sunbelt Pools, Inc Company Name Signature of Authorized Company Official Rob Morgan, Pres Printed Name Proposal Forms COMM/SVCS v.09.05.2019 Page 37 of 64 City Secretary Office ® ti Board Official Record ,op�' Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services("Work' under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'. Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below,and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. Sunbelt Pools, Inc has been in business since 1986 (33 years). Sunbelt was originally incorporated under the name Texas Pool Supply, Inc and the name was changed to Sunbelt Pools, Inc in 1998. Sunbelt is not for sale or involved in any transaction that would alter its business or result in an acquisition. 2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. Sunbelt has approximately 100 employees including inside and outside sale warehouse crews, delivery drivers, repairmen and construction workers. 3. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. Sunbelt is in excellent financial condition and has never defaulted on a payment or a project. Neither Sunbelt of owner have been in bankruptcy. Sunbelt is in excellent standing with its bonding company with capacity of any job to over $10M, line of credit of $2.5M and full coverage insurance. Proposal Forms COMM/SVCS v.09.05.2019 Page 38 of 64 P\Cyr &Ugoard Official RaD�,Td rCl. Cooperative Purchasing / 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 . buvboard.com 4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. No outstanding judgements, defaults, or law suits. 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. No contract defaults, failed or late completions. Never assesed liquidated damages. 6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. None B signature below, I certify that the information contained in and/or attached to this Proposal Invitation Y 9 ► fY / P Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. Sunbelt Pools Inc Company Name Signature of Authorized Company Official Proposal Forms COMM/SVCS v.09.05.2019 Page 39 of 64 City Secretanj Office 0s-15,61al Record Cop &U80ard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check(-/)the following) 0 Completed: Proposer's Agreement and Signature I 0 Completed: Vendor Contact Information Fx-1 Completed: Felony Conviction Disclosure and Debarment Certification Fx-1 Completed: Resident/Nonresident Certification 0 Completed: No Israel Boycott Certification 0 Completed: No Excluded Nation or Foreign Terrorist Organization Certification 0 Completed: Historically Underutilized Business (HUB) Certification) 0 Completed: Construction Related Goods and Services Affirmation 0 Completed: Deviation/Compliance 0 Completed: Location/Authorized Seller Listings 0 Completed: Manufacturer Dealer Designation 0 Completed: Texas Regional Service Designation 0 Completed: State Service Designation F Completed: National Purchasing Cooperative Vendor Award Agreement i 0 Completed: Federal and State/Purchasing Cooperative Experience 0 Completed: Governmental References 0 Completed: Marketing Strategy 0 Completed: Confidential/Proprietary Information 0 Completed: Vendor Business Name with IRS Form W-9 F Completed: EDGAR Vendor Certification 0 Completed: Proposal Invitation Questionnaire 0 Completed: Required Forms Checklist F Completed: Pro osal S ecification Form with Catalogs Pricelists *Catalogs/Pricelists must be submitted with proposal response or response wi!(not be considered Proposal Forms COMM/SVCS v.09.05.2019 Page 40 of 64 ( 4w O u r 0: cn 3 CL th o C o ° 41 V ® OCq O z aZ C.) o K CD C N tLI _ VI ®'•� W c 41 U N N N N N E E O O O O O N N N N N n] C V cn +�• + _♦ CL �+ W 3 C . 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U. r- 0 LA. 0 z 7Im =0' t C 0 0 CL Ctf Ln u u CY r 0 UO -0r 41 0 E la — w moo 0 U) Q� W ai a) 0 u co 4-1 E CL E 44� 0 x C 0 LLI fa =3 M M U) 4� Ln Ln a E 0 Z L. 10 m m U) a) =3 = m CL CL m (D co 0 0 0 O. a: ti 0 x u H: S 4D UJ cr:3 OL 0) En 0 E m CU Ln E 2t- 0 4te is 0 4� — CL L- Cl L- E c (u CL U') 0 (D 2 0 y •5 :3 0 L 0 0 U Ln L6 E 0.— Ln 0 Ln 0 m CL LU W 0 -0 u 0) _0 z 7a)- 0 (3) Q—) In- U) _0 0 0 f)/ 80 (1) 0 0 U m 0 r (U a) (3) c 0 01 (U U 4� 0 x L0 -aj C: 0 0) L>Ul 'n ui 4� E 62 2 0 0 0 ru E 0 CL E T) -2 E 0 fu E " 'a 4� C) fo u 0 4� E _0 u co m fo m 41 0 0 r " =$ 0 fu 4 u Ln a- 0 U 0 Z Ln �- Ln Z _3 Ln fa 0 — 'E 0 Ln E sl -W Z-W z m ._ � SU ��Ilq nun11111111111111111111 oa����11111111111111111111 S April 5, 2021 NRH2O Lagoon Pool Plumbing Repair Time and Materials Agreement Client: NRH2O 9001 Boulevard 26 North Richland Hills,Texas 76180 Buy Board Contract 613-20 Swimming Pool Chemicals,Supplies and Equipment Category 16 Repair Labor NRH2O is to provide an onsite contact that is available throughout the day to answer questions and to provide access to the pool and mechanical equipment areas. NRH2O is responsible to make 120 volt power and water available throughout each work period whether at night or during the day. Normal Business and Regular Hourly Rates $105.00 PER HOUR per man for mechanical —technicians $70.00 PER HOUR per man for skilled construction laborers Normal business hours are Monday through Friday 8:00 AM to 5:00 PM After Hours and Overtime Rates $157.50 PER HOUR per man for mechanical technicians $105.00 PER HOUR per man for skilled construction laborers Normal business hours are Monday through Friday 8:00 AM to 5:00 PM Superintendent The superintendent's time will be billed at$105.00 per hour. Rentals and Materials Rentals and materials will be billed at cost plus 20% Clarifications 1. Sunbelt will charge for driving time for all hourly work. Driving time may vary depending on where the drive time originates and the traffic encountered. 2. The hourly rate is per man and the rates vary depending on the skill set 3. Long lead times for materials will impact the progress of the project 4. The time to pick up rental equipment and, or materials will be billable Note:Overtime is cumulative and not just based on working on this repair. Should the repair work begin on Thursday of any given week the men working on the job may be working overtime hours because they often work 12 hours per day. 10555 PLANO ROAD DALLAS, TEXAS 75238-1305 214 343.1133 1 800 548.9115 FAX 214 343.1201 www.sunbeltpools.com robm@sunbeltpools.com m ._ � SU ��Ilq nun11111111111111111111 oa����11111111111111111111 S Scope of Work: Pressure test the designated pool plumbing at indicated by ALD and hand dig and repair plumbing leak (s) as needed Invoicing and Payment Terms: Sunbelt Pools will invoice each week for services rendered Invoices shall be based on weekly, Client approved time sheets Overtime will be charged for employees working more than 40 hours each week Client is responsible for payment of all billable hours on a NET CASH basis Exclusions: Any item not specifically mentioned in this scope of work Draining and refilling the pool Balancing of water chemistry Electrical work Working on Sundays Building and, or door modifications to enlarge access opening Power and water Select fill Flowable fill Engineering Warranty Water tightness of the pool Loss of use and, or loss of revenue Safety barriers and, or cones Taxes (additional) Sunbelt Pools, Inc. assumes no responsibility for the condition of the existing pool, piping, and, or mechanical and electrical. The effective day of this agreement is April 5,2021. This agreement constitutes the full agreement and scope and supersedes any prior understanding or written or oral agreements between the parties with respect to this work and any changes must be documented in written form (includes emails). Standard Cost: $31,250.00 Buy Board 20%Discount: $6,250.00 Total Cost: $25,000.00 Signatures: Phil Collins-Sunbelt Pools, Inc. Kevin Parson— NRH2O Water Park 10555 PLANO ROAD DALLAS, TEXAS 75238-1305 214 343.1133 1 800 548.9115 FAX 214 343.1201 www.sunbeltpools.com robm@sunbeltpools.com nL�D &" City Secretary Office Oici hoard° Vendor C•ntract lInformationSurrimary Vendor Name Sunbelt Pools, Inc. Contact Rob Morgan Phone Number 2147225082 Email robm@sunbeltpools.com Website www.sunbeitpools.com Federal ID 75-2167777 Accepts RFQs Yes Address Line 1 10555 Plano Road Vendor City Dallas Vendor Zip 75238 Vendor State TX Vendor Country USA Delivery Days 4 Freight Terms FOB Destination Payment Terms Net 30 days Shipping Terms Pre-paid and added to invoice Ship Via Common Carrier Is Designated Dealer No EDGAR Forms Received Yes Service-Disabled Veteran Owned No Minority Owned No Women Owned No Is National Yes No Excluded Foreign Terrorist Orgs Yes No Israel Boycott Certificate Yes Is MWBE No Regions Served All Texas Regions States Served Arkansas, Louisiana, Oklahoma, Texas Contract Name Swimming Pool Chemicals, Supplies and Equipment Contract# 613-20 Effective Date 06/01/2020 Expiration Date 05/31/2023 Quote Reference Number 613-20 Return Policy No return of special order items. Normal stock items may be returned up to 30 days if new and unused. 3/15/2021 11:42:53 AM ! (�~ ��(� ' �� �ce � � —�'� ~ ~.~"� ^ ��«: � Official Record | - ' � ' ' ^ "~' Copy } ' P.O.Box 400 Austin, TX7876F0400 800095.29/9 / 512467.8222 / fbc00oo/tn4a4 h»yboanioom April 29, 20ZO Sent Via Email: pobnn@sunbe|tpoo|s.com � RobMongam � Sunbelt Pools, Inc. � 1U55S Piano Road � Dallas,TK75238 � Welcome to8uyBoand! � � Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Swimming Pool Chemicals, Supplies and Equipment, Proposal No. 613-20 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBnand@ contract based on the above-referenced Proposal.The contract is effective 6/1/2020 through 5/31/2021,with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 013-30 on the following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Guide Z. BuyBoand License and Identity Standards � You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines mfthe Cooperative.Accepting purchase orders directly from Cooperative members may result in a violation � of the State of Texas competitive bid statute and termination of this Cooperative BuyBoavd contract. Therefore, all � � purchase orders must be processed through the BuyKBoard in order to comply. Please forward by email to info@buybuard.cnrn any order received directly from o Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded vendor BuyBoard user id and password will be sent via e-mail 2to 3 business days prior to the start mf your contract. On behalf ofthe Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at8OO'09S'2919. Sincerely, Arturo Salinas � Department Director, Cooperative Procurement � The Local Government Purchasing Cooperative bendorsed by the Texas Association of School Boards, �� �� �� Y�� Texas MuniciDal1oaaue,Texas Association of Counties,and the Texas Association of School Administrators, City Secretary Office A clal Record Copy "`:," Natinnal5cltool t:5r;cm tAsrrtss;r.�ca .ru.r Endorsed by 'NSBA• Boards Association April 29, 2020 Sent Via Email: robm@sunbeltpools.com Rob Morgam Sunbelt Pools,Inc. 10555 Plano Road Dallas,TX 75238 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Award Proposal Name and Number: Swimming Pool Chemicals,Supplies and Equipment, Proposal No. 613-20 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 6/1/2020 through 5/31/2021,with two possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase.orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director,Cooperative Procurement v.6.5 41 P.O.Box 400,Austin, Texas 78767-0400 800,695.2919•buyboard.com City Secretary ®dice 4 z ry Official Record Copy Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: Swimming Pool Chemicals, Proposal Due Date/Opening Date and Time: Supplies and Equipment December 19, 2019 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 613-20 12007 Research Blvd. Austin,TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time Period: June 1, 2020 through May April 2020 31, 2021 with two (2) possible one-year renewals. Sunbelt Pools, Inc 12/15/2019 Name of Proposing Company Date 10555 Plano Road Street Address Signature of Authorized Company Official Dallas, TX 75238 Rob Morgan City, State, Zip Printed Name of Authorized Company Official i 214 343-1133 President Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 214 343-1201 75-2167777 Fax Number of Authorized Company Official Federal ID Number Page 9 of 64 Proposal Forms COMM/SVCS v.09.05.2019 ° " City Secretary Office Official Recco d Copy &VDoard4�` Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com The proposing company ("you"or"your' hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions,attachments/forms, item specifications, and line items (collectively"Requirements'; 2. By your response ("Proposal's to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any part of your Proposal and awards you a contract,you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and Cl. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 10 of 64 Proposal Forms COMM/SVCS v.09.05.2019 I Z City Secretary ®ice &578oard�"C Off iclal Record C OPY Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION Name of Company: Sunbelt Pools, Inc Vendor Proposal/Contract Contact Name: Rob Morgan Vendor Proposal/Contract Contact E-mail Address: robm@sunbeltpools.com Vendor Contact Mailing Address for Proposal/Contract Notices: 10555 Plano Road Dallas, TX 75238 Company Website: www•sunbeltpools.com Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: 0 I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: robm@sunbeltpools.com Purchase Order Contact: Rob Morgan Phone: 214 722-5082 Alternate Purchase Order E-mail Address: vicp@sunbeltpools.com Alternate Purchase Order Contact: Vic Paul Phone: 214 722-5089 ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes("RFQ"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: robm@sunbeltpools.com RFQ Contact: Rob Morgan Phone: 214 722-5082 Alternate RFQ E-mail Address: vicp@sunbeltpools.com Alternate RFQ Contact: Vic Paul Phone: 214 722-5089 Page 11 of 64 Proposal Forms COMM/SVCS v.09.05.2019 ��' '"= City Secretary Officeoard' `' '4 Official Record Cody DuCooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: ❑E Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: 10555 Plano Road Department: Accounting City: Dallas state; TX zip Code: 75238 Contact Name: Peggy Giamello Phone: 214 722-5091 Invoice Fax: 214 343-1201 Invoice E-mail Address: peggyg@sunbeltpools.com Alternative Invoice E-mail Address: susanm@sunbeltpools.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: - Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: **If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance with the Genera/ Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including, but not limited to,payment of all service fees under any Contract awarded Vendor. Page 12 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary Office • ® � � Official Record Copy • Board .EXas �� Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code(Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check(-V)one of the following: ❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) 0 My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Signature of Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549,"Debarment and Suspension,"as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Signature of Authorized Company Official Printed Name Page 13 of 64 Proposal Forms COMM/SVCS v.09.05.2019 /� ¢ _�= City Secretary Office 5 Boar a� y 0 ff1cial Record Cp xrs p y Cooperative Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com RESIDENT/NONRESIDENT CERTIFICATION' Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a"resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident"proposer is a person who is not a Texas resident. Please indicate the status of your company as a"resident" proposer or a"nonresident"proposer under these definitions. Please check(-J) one of the following; ❑ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Sunbelt Pools, Inc 10555 Plano Road Company Name Address Dallas TX 75238 City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or % VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain ,criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner(i) has its principal place of business in Texas; or(ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check(-i)one of the following; ❑ Yes ❑ No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Signature of Authorized Company Official Printed Name Page 14 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary Office Boa d Official Record Copy Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter into a contract with a value of$100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEx. Gov'T CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T CODE§808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation,that this certification is true,complete and accurate,and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name _Rob Morgan Signature of Authorized Company Official Printed Name i Note; If Vendor does not wish to make this certification,return the blank form in lieu of a completed certification, NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization—specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below,I certify and verify that Vendor is not on the Texas Comptroller's list identified above;that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Printed Signature of Authorized Company Official Name Page 15 of 64 Proposal Forms COMM/SVCS v.09.05.2019 �F,cH�tis City Secretary Office PFCooperative � Official Record C®py Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or"MWBE"and all referred to in this form as a"HUB'o is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check&) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned Business(veteran defined by 38 U.S.C. §101(2),who has a service-connected disability as defined by 38 U.S.C. § 101(16),and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: E� My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Rob Morgan Printed Name Signature of Authoriz d Company Official Page 16 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary office &578oard .°�'�e Official Record Copy Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory',Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative.This BuyBoard contract does not include such services.Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act(Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services , to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services, whichever comes first. Sunbelt Pools, Inc Company Name Rob Morgan Signature of Authorized Company Official Printed Name 12/5/2019 Date Page 17 of 64 Proposal Forms COMM/SVCS v.09.05.2019 �0" -i"' City Secretary Office AqT7BoadOfficial Record Copr Cooperative Purchasing 12007 Research Boulevard ,Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 • buyboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above,your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check (V) one of the following: ❑■ NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑■ Common Carrier 0 Company Truck ❑■ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: 0 Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: Special Order items will take longer 3. Number of Days for Delivery: 4 ARO 4. Vendor Reference/Quote Number: BB 613-20 5. State your return policy: No return of special order items. Normal stock items may be returned up to 30 days if new and unused 6. Are electronic payments acceptable? ❑■Yes ❑ No 7. Are credit card payments acceptable? ❑Yes ❑ No Credit card only at time of order, not after terms. Some limits aDDly to service and amount. Sunbelt Pools, Inc Company Name Rob Morgan, Pres Signature of Authorized Company Official Printed Name Page 18 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary Office ' �� ` Official Record • USoard tx�s Copy Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com LOCATION /AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Sunbelt Pools, Inc - One location Company Name 10555 Plano Road Address Dallas TX 75238 City State Zip 214 722-5082 214 343-1201 Phone Number Fax Number Rob Morgan Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person Page 19 of 64 Proposal Forms COMM/SVCS v.09.05.2019 0-Rofficial City Secretary O ice ard® Record Copy Bo Cooperative Purchasing 12007 Research Boulevard ,Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers'o to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion,to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name i Designated Dealer Address I _ City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 20 of 64 Proposal Forms COMM/SVCS v.09.05.2019 �pCHL"s City Secretary Once ArCooperative Z " d CrOf icial Rec oryard xPs Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 . FAX: 800-211-5454 ' buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as"Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. Ifyou propose to serve different regions for different products or services included in your proposal,you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region orregions,you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination ofyour Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional•Education Service Centers ® I will service Texas Cooperative members statewide. {hart are Ilstndon noninaernh ! »� - '" ❑ I will not service Texas N ,t� Cooperative members .I y "µ �u statewide. I will only i service members in the regions checked below: ' :=,M 9; w;,T ' .r Region Headquarters L,r" z.,,_. �� :; ❑ 1 Edinburg Y�i.. 1 `"" ;ury7 ",;y ❑ 2 Corpus Christi Y©. :. ° 1x: _,_ ._J ❑ 3 Victoria u o `�, :n,°r.�:«. ❑ 4 Houston ., � "r ° _) ❑ 5 Beaumont _ �n,, o' °?is�.,>„ ❑ 6 Huntsville .. ,. S, ❑ 7 Kilgore "' �" _ ❑ 8 Mount Pleasant I � Y �' '` ❑ 9 Wichita Falls ❑ 10 Richardson �` ,�� ,' "s ❑ 11 Fort Worth f` �� ❑ 12 Waco * " ° ❑ 13 Austin " Js ❑ 14 Abilene xL ter, ❑ 15 San Angelo �'` ' ❑ 16 Amarillo Sunbelt Pools, Inc ❑ 17 Lubbock ❑ 18 Midland Company Name ❑ 19 El Paso ❑ 20 San Antonio Signature of Authorized Company Official Rob Morgan, Pres ❑ I will not service members of Printed Name the Texas Cooperative. Page 21 of 64 Proposal Forms COMM/SVCS v.09.05.2019 of City Secretary Office §A. Official Rawl� �� ® ` y &UUoard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78711-2439 • PH: 800-611-2919 • FAX: 800-211-1414 • buyboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Some chemicals have geographical or shipping limitations. Those are listed in the chemcial price list. Page 22 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretanj Office > y Official Record Copy Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com STATE SERVICE DESIGNATION j The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check(-/) all that apply: ❑ I will service all states in the United States. ❑■ I will not service all states in the United States. I will service only the states checked below: i ❑ Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ❑ Nevada ❑■ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 &20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑■ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑Tennessee ❑ Kentucky ❑s Texas j ❑� Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana I Page 23 of 64 Proposal Forms COMM/SVCS v.09.05.2019 City Secretary Office ® � y DYZBoard Official Record Copy Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Sunbelt Pools, Inc Company Name Rob Morgan, Pres Signature of Authorized Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Most chemicals cannot be shipped beyond state lines. Page 24 of 64 Proposal Forms COMM/SVCS v.09.05.2019 C�,cH�,tiS City Secretary Office ® � Official Record Copy 6 Board rr-xaS Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation,a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer(referred to in this Agreement as"Vendor') agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative's awards Vendor a contract under this Proposal Invitation ("Underlying Award', the National Purchasing Cooperative ("National Cooperative") may - but is not required to -"piggy-back"on or re-award all or a portion of that Underlying Award ("Piggy-Back Award'o. By signing this National Cooperative Vendor Award Agreement ("Agreement', Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator('BuyBoard Administrator's will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better(i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing-by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms COMM/SVCS v.09.05.2019 Page 25 of 64 City Secretary Office r Offi � e a it C!ppy D17BO d Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria,Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Sunbelt Pools, Inc 613-20 ' Name of Vendor Proposal Invitation Number Rob Morgan, Pres Signature of Authorized Company Official Printed Name of Authorized Company Official 12/12/2019 Date Proposal Forms COMM/SVCS v.09.05.2019 Page 26 of 64 0`� Official Cite Secretary Office DZMBoard Record d Copy Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 ° FAX: 800-211-5454 • buyboard.com FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market - price during the previous 12-month period or the last fiscal year: $1,400,000 . (The period of the 12 month period is 1/19 /12119 ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served as an awarded vendor. Rows should be added to accommodate as man purchasing cooperatives P YP 9 as required. CURRENT FORMER VENDOR (Y/N)?— AWARDED PURCHASING VENDOR? • •D GROUPD•• •• 1. Federal General Services Administration 2. T-PASS (state of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5. E&I Cooperative 6. Houston-Galveston Area Council 7. Choice Partners 8.The Interlocal Purchasing System (TIPS) 9. Other 0 MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount(%): 20 Proposed Discount(%): 20 Explanation: Proposal Forms COMM/SVCS v.09.05.2019 Page 27 of 64 's City Secretary Office &VBoard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name IL Rob Morgan, Pres Signature of Authorized Company Official Printed Name i I I � i i Proposal Forms COMM/SVCS v.09.05.2019 Page 28 of 64 CH �' s City Secretary Office T Official Record Copy Board �� Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1 City of Plano Tommy Bourne 469-346-8574 Tommyb@plano.gov 20% $150,000 Z City of Mesquite Elizabeth Harrell 972 216-6420 Elizabeth Harrell eharrell@cityofinesquite.com 20%, $100,000 3 City of Dallas Tim Trout 214 670-9795 tim.trout@dallascityhall.com 20% $100,000 4 City of Lewisville Hillary Bowen 972 219-3749 hboen@cityoflewisville.com 20% $150,000 5 City of Richardson Chris Cottone 972 744-7894 Christopher.Cottone@cor.gov $200,000 Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES ❑ NO 0 If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Sunbelt Pools, Inc Company Name Signature of Authorized Company Official Rob Morgan, Pres Printed Name Proposal Forms COMM/SVCS v.09.05.2019 Page 29 of 64 GHI.q /y 2 �2 As ti city S,ecretsry O'c fice ;� ✓ �s Official Record Copy Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 . FAX: 800-211-5454 ' buvboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts,all or part of your Proposal. '(Example: Explain how your company wi/I'initia//y inform Cooperative members of your BuyBoard contract, and,how you,;wi0 continue to support the BuyBoard for the duration,of the contract period.) Attach additional pages if necessary. We regularly tell customers about BuyBoard and encourage it's use to streamline the purchasing process for the customer. We list BuyBoard information on proposals and show it in advertising. Sunbelt Pools, Inc Company Name Signature of Authorized Company Official Rob Morgan, Pres Printed Name i i I i i Proposal Forms COMM/SVCS v.09.05.2019 Page 30 of 64 �Q�'�ti City Secretary office y official ReCo d Copy. &UBoard�eExaS Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 . buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act(Texas Government Code chapter 552.001, et. seq.)or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal(including forms,documentation,or other materials submitted with.the Proposal)that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the,Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request'access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check M one of the following: ME NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. rlYES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. I If you responded"YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential/ Proprietary Information: (Attach additional sheets if needed.) Proposal Forms COMM/SVCS v.09.05.2019 Page 31 of 64 City Secretary Office &USoardso"ROfficia 11 1 Record Cq6y Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com B. CotwiAht Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check(-V)one of the following: ❑E NO, Proposal (including forms,documentation,or other materials submitted with the Proposal)does not contain copyright information. ❑ YES, Proposal (including forms,documentation,or other materials submitted with the Proposal)does contain copyright information. If you responded"YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) f i C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard'Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D.Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Sunbelt Pools, Inc Company Name Signature of Authorized Company Official Rob Morgan, Pres Printed Name 12/12/2019 Date Proposal Forms COMM/SVCS v.09.05.2019 Page 32 of 64 C'ty Seca Office M7s q�, �� d a�Icial eco d Co�� Board �� Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 ' PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: Sunbelt Pools, Inc (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name,dba,aka,etc.here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods orservices,each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check()n one of the following: Type of Business: Individual/Sole Proprietor Corporation x Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Texas Federal Employer Identification Number: 75-2167777 (Vendor must include a completed,IRS W 9 form with their proposal) List the Name(s) by which Vendor, if awarded,wishes to be identified on the BuyBoard: (Note: Ifdifferentthan the Name ofProposing Company/fisted above,only valid trade names(dba,aka,etc.)of the Proposing Company may be used and a copy of your Assumed Name Certificate(s),if applicable,must be attached.) Proposal Forms COMM/SVCS v.09.05.2019 Page 33 of 64 roH�ti City Secretary Offict, T Official Record Cop y Form W-9 Request for Taxpayer Give form to the (Rev.November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name(as shown on your income tax return) Sunbelt Pools, Inc m o Business name,if different from above c 0 4) w a p Individual/ Exempt from backup Check appropriate box: ❑ Sole proprietor ❑� Corporation ❑ Partnership ❑ Other ► __________________ ❑ withholding NAddress(number,street,and apt.or suite no.) Requester's name and address(optional) a c 10555 Plano Road w- City,state,and ZIP code v o Dallas,TX 75238 a)a) List account number(s)here(optional) m C0 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals,this is your social security number(SSN). However,for a resident alien, sole proprietor, or disregarded entity,see the Part I instructions on page 3.For other entities, it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 7 5 2 1 6 7 7 7 7 MMVF Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA), and generally, payments other than interest and dividends,you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of 9/4/2019 Here U.S.person ► Date ► Purpose of Form • An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number • A partnership, corporation, company, or association (TIN)to report, for example, income paid to you, real estate created or organized in the United States or under the laws transactions, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or • Any estate (other than a foreign estate) or trust. See contributions you made to an IRA. Regulations sections 301.7701-6(a) and 7(a)for additional U.S. person. Use Form W-9 only if you are a U.S. person information. (including a resident alien), to provide your correct TIN to the Special rules for partnerships.Partnerships that conduct a person requesting it (the requester) and, when applicable, to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct(or you are to pay a withholding tax on any foreign partners' share of waiting for a number to be issued), income from such business. Further, in certain cases where a 2. Certify that you are not subject to backup withholding, or Form W-9 has not been received, a partnership is required to 3 presume that a partner is a foreign person, and pay the . Claim exemption from backup withholding if you area withholding tax.Therefore, if you are a U.S. person that is a U.S. exempt payee. partner in a partnership conducting a trade or business in the In 3 above, if applicable, you are also certifying that as a United States, provide Form W-9 to the partnership to U.S. person, your allocable share of any partnership income establish your U.S. status and avoid withholding on your from a U.S. trade or business is not subject to the share of partnership income. withholding tax on foreign partners' share of effectively connected income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding Note.If a requester gives you a form other than Form W-9 to withholding on its allocable share of net income from the request your TIN, you must use the requester's form if it is partnership conducting a trade or business in the United substantially similar to this Form W-9. States is in the following cases: For federal tax purposes,you are considered a person if you • The U.S. owner of a disregarded entity and not the entity, are: Cat.No. 10231X Form W-9 (Rev.11-2005) CHLq Ci-ky Sete e«] off ice &578oard'O",-) ��o����� ecot- C®py Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the 'Uniform Guidance"or new"EDGAR'). All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which maybe applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative complete and initial the applicable boxes and sign the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as "NO,n the Vendor is unable or unwilling to comply. A"NO"response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the Simplified Acquisition Threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of$10,000 made using federal funds,you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven(7)business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendors return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms COMM/SVCS v.09.05.2019 Page 34 of 64 OHL, City Secretany Off ice DuCooperative ffic�a9 Rc C ry Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41.CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of$2,000, Vendor shall comply with the Davis-Bacon Act(40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor.. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti-Kickback"Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States'o. The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. S. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms COMM/SVCS v.09.05.2019 Page 35 of 64 ® n D City Secretary Office Pa ����Icuazl Record Copy Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act(42 USC 7401-7671q.)and the Federal Water Pollution Control Act(33 USC 1251-1387),as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms COMM/SVCS v.09.05.2019 Page 36 of 64 ® T��l� City Secretenj Office &U Board °�✓a,�y�� ffac�al Record Copy. Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 . FAX: 800-211-5454 • buyboard.com 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to,applicable recordkeeping and record retention requirements. Vendor Certification: YES,,I agree or Vendor Certification Item No. NO, do NOT a ree . jnitial;,-":: 1. Vendor Violation or Breach of Contract Terms Yes 2. Termination for Cause or Convenience Yes N 3. Equal Employment Opportunity Yes N 4. Davis-Bacon Act Yes 5. Contract Work Hours and Safety Standards Act Yes Ag N 6. Right to Inventions Made Under a Contract or Agreement Yes 7. Clean Air Act and Federal Water Pollution Control Act Yes 8. Debarment and Suspension Yes X2 W 9. Byrd Anti-Lobbying Amendment Yes 12 N 10. Procurement of Recovered Materials Yes lie N 11. Profit as a Separate Element of Price Yes 79 12. General Compliance and Cooperation with Cooperative Members Yes 11e N By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Sunbelt Pools, Inc Company Name Signature of Authorized Company Official Rob Morgan, Pres Printed Name Proposal Forms COMM/SVCS v.09.05.2019 Page 37 of 64 City Secretary Office ® ti Board Official Record ,op�' Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services("Work' under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'. Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below,and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. Sunbelt Pools, Inc has been in business since 1986 (33 years). Sunbelt was originally incorporated under the name Texas Pool Supply, Inc and the name was changed to Sunbelt Pools, Inc in 1998. Sunbelt is not for sale or involved in any transaction that would alter its business or result in an acquisition. 2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. Sunbelt has approximately 100 employees including inside and outside sale warehouse crews, delivery drivers, repairmen and construction workers. 3. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. Sunbelt is in excellent financial condition and has never defaulted on a payment or a project. Neither Sunbelt of owner have been in bankruptcy. Sunbelt is in excellent standing with its bonding company with capacity of any job to over $10M, line of credit of $2.5M and full coverage insurance. Proposal Forms COMM/SVCS v.09.05.2019 Page 38 of 64 P\Cyr &Ugoard Official RaD�,Td rCl. Cooperative Purchasing / 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 . buvboard.com 4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. No outstanding judgements, defaults, or law suits. 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. No contract defaults, failed or late completions. Never assesed liquidated damages. 6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. None B signature below, I certify that the information contained in and/or attached to this Proposal Invitation Y 9 ► fY / P Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. Sunbelt Pools Inc Company Name Signature of Authorized Company Official Proposal Forms COMM/SVCS v.09.05.2019 Page 39 of 64 City Secretanj Office 0s-15,61al Record Cop &U80ard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check(-/)the following) 0 Completed: Proposer's Agreement and Signature I 0 Completed: Vendor Contact Information Fx-1 Completed: Felony Conviction Disclosure and Debarment Certification Fx-1 Completed: Resident/Nonresident Certification 0 Completed: No Israel Boycott Certification 0 Completed: No Excluded Nation or Foreign Terrorist Organization Certification 0 Completed: Historically Underutilized Business (HUB) Certification) 0 Completed: Construction Related Goods and Services Affirmation 0 Completed: Deviation/Compliance 0 Completed: Location/Authorized Seller Listings 0 Completed: Manufacturer Dealer Designation 0 Completed: Texas Regional Service Designation 0 Completed: State Service Designation F Completed: National Purchasing Cooperative Vendor Award Agreement i 0 Completed: Federal and State/Purchasing Cooperative Experience 0 Completed: Governmental References 0 Completed: Marketing Strategy 0 Completed: Confidential/Proprietary Information 0 Completed: Vendor Business Name with IRS Form W-9 F Completed: EDGAR Vendor Certification 0 Completed: Proposal Invitation Questionnaire 0 Completed: Required Forms Checklist F Completed: Pro osal S ecification Form with Catalogs Pricelists *Catalogs/Pricelists must be submitted with proposal response or response wi!(not be considered Proposal Forms COMM/SVCS v.09.05.2019 Page 40 of 64 ( 4w O u r 0: cn 3 CL th o C o ° 41 V ® OCq O z aZ C.) o K CD C N tLI _ VI ®'•� W c 41 U N N N N N E E O O O O O N N N N N n] C V cn +�• + _♦ CL �+ W 3 C . 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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. 2021-734556 Sunbelt Pools, Inc Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/06/2021 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 51970-51971 Repairs to UV Systems Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is Rob Morgan and my date of birth is My address is 10555 Plano Road Dallas TX 75238 Dallas (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on the 6th day of Aprll 20 21 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 12, 2021 SUBJECT: SDP 2021-02, Ordinance No. 3684, Public hearing and consideration of a request from Revest LLC for a special development plan for industrial and light manufacturing uses at 6608 Davis Boulevard, being 1.317 acres described as Lot 1 R, Block 1, Smithfield Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Revest LLC, Rick Figueroa is requesting approval of a special development plan (SDP) in the Smithfield Transit Oriented Development (TOD) district. The applicant proposes to develop a 13,900-square-foot building and outside storage areas for industrial and light manufacturing uses, including waivers to certain Transit Oriented Development zoning district standards. The property is located on the east side of Davis Boulevard and north of Main Street. GENERAL DESCRIPTION: The property is located between the CubeSmart Self Storage facility and the TEXRail right-of-way. The project is located within the "General Mixed Use" Character Zone of the Smithfield TOD District. This subzone is generally outside the immediate influence of the transit station, and is intended to permit a wide range of uses that includes retail, office, residential, and industrial activities. A complete concept plan of the project is attached. The project includes the renovation of a 13,900-square-foot building and associated parking, installation of landscaping, construction of an 8-foot steel fence on the east property line, and a new drive approach and access drive on Davis Boulevard. The proposed renovations to the building include new exterior materials consisting of cast stone, wood plank, tile, and steel and metal paneling. DRC REVIEW: The Development Review Committee (DRC) evaluated the proposal based on the design intent and standards for the Smithfield TOD area. In addition, the staff met with the applicant to discuss the project. The applicant is requesting several waivers to the TOD code standards, and a summary of those standards is detailed below. "K NOKTH KICHLAND HILLS Land use Light manufacturing and industrial Existing building with industrial uses: uses limited to a maximum building footprint of 10,000 SF 13,900 SF Building materials 75%masonry required per building Use of steel and metal panels,wood fapade paneling,and tile on building elevations Parking Required 1 space per 250 SF building One(1)space per 466 SF building area area (56 spaces required) (29 spaces provided) Outdoor storage Proposed outside storage: 1,000 SF Prohibited in the TOD district Material stacking height limited to eight(8)feet LAND USE PLAN & CURRENT ZONING: This area is designated Urban Village on the Land Use Plan and is zoned Transit Oriented Development. The purpose of the transit oriented development code is to support the development of the community's station areas into pedestrian-oriented, mixed-use urban neighborhoods, with convenient access to rail transit, shopping, employment, housing, and neighborhood retail services. The goal of each station area is to encourage an efficient, compact land use pattern; encourage pedestrian activity; reduce the reliance on private automobiles; promote a more functional and attractive community through the use of recognized principles of urban design; and allow property owners flexibility in land use, while prescribing a high level of detail in building design and form. SPECIAL DEVELOPMENT PLAN: The applicant is requesting a special development plan for consideration of modifications to the standards of the transit oriented development district. The special development plan process is intended to allow applicants development flexibility to address specific market opportunities and/or contexts within the transit oriented development district. In evaluating a special development plan, the Planning and Zoning Commission and City Council must consider the extent to which the application meets the following: • the goals and intent of transit oriented development in the city; • provides an alternative"master plan"approach by consolidating multiple properties to create a predictable, market responsive development for the area; • fits the adjoining context by providing appropriate transitions; • provides public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit; and, • does not hinder future opportunities for higher intensity transit oriented development. "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the April 1, 2021, meeting and voted 6-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3684. ........................................ ........................... . .............. . ........................... ........................... LL o .......................... — 0 0) .................................o .z z AL . ............w ....................................................... .............. Lo ........... ............... ................. ........... .............. ............... ............... ............... ............... .......... ................... Lo ............... ............... ............... LU Lo CN ............ CN 11..................... ............... 0 Lq ............... CN .......... r-I (k r-I I .............. .................................................................. .............. 0 ..................... POINTE ............... ............... BRIAR.......... ....................... 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[-- �11 L ............ z. ........................................................ ......... 0 z ¢ LU .......................... < CL I m m Cl U 0) LB > ........................ ................ 0 C-) ..................... 0- W y LL O r LO A i p,r � �yi N IIIIII III '� �r i lUl/r O �i � rr- / n, ul Ln CN N Lq .N—I .—I '' rr✓ .�' �>�t�rir. t r � ' IN m ' u, m %t� 1'k`�I&l�+%t� /r? r�y rr w ! �/q�//ilk - iW✓r - a � �/ o�: r ➢ ilu r � � y ' ��/'/ ria N N 0' a � C N m T N Q Q fl- pY� Q C m o N ono° / rd1 O d o o ° O y m rid r/1 t 'r s y a� Q a o , 0 '0 g s ' y r % � � Q o Q w c n U �muu 1 uulHHHn v�/ N IW✓n �nmuulll m �' / (0 � o ilk, Shp/ INS i s a 0 k4FItH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: SDP 2021 -02 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special development plan as shown on the attached map. APPLICANT Rick Figueroa, Revest LLC LOCATION 6608 Davis Boulevard REQUEST Public hearing and consideration of a request from Revest LLC for a special development plan for industrial and light manufacturing uses at 6608 Davis Boulevard, being 1.317 acres described as Lot 1R, Block 1, Smithfield Addition. DESCRIPTION Development of 13,900-square-foot building and outside storage areas for industrial and light manufacturing uses, including waivers to certain Transit Oriented Development zoning district standards. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, April 1, 2021 City Council 7:00 PM Monday, April 12, 2021 MEETING LOCATION City Council Chamber-Third Floor I II III ILIS IIIIIII III "'llll 4301 City Point Drive Enhanced sanitation protocols,social North Richland Hills, Texas distancing, and wearing of face coverings are in effect for all public meetings. People interested in submitting letters of support or opposition are encouraged to contact the Planning&Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP NORTHEAST CORTLANm DONN RANDY 10, — .y�C� CHAPMAN GLENANN � d MA N u va' GK uu SOUTHGATE 1E—,7T r. u � r �N B. � ... f e� r q j � Hri ncm z .4 � f cif n' r,. e o�. Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS SDP 2021-02 CUBESMART LP PO BOX 320099 ALEXANDRIA VA 22320 EDE PROPERTIES LLC 1155 W WALL ST GRAPEVINE TX 76051 GTX LAND LLC 6700 DAVIS BLVD STE A NORTH RICHLAND HILLS TX 76182 JEFFERIES,WILLIAM 317 ARBOR LN HASLET TX 76052 PERCH POINT PROPERTIES LTD 8208 NORTHEAST PKWY STE 106 NORTH RICHLAND HILLS TX 76182 REGIONAL RAIL ROW CO PO BOX 660163 DALLAS TX 75266 RJR LLC 6428 DAVIS NORTH RICHLAND HILLS TX 76182 TITAN TOWERS, LP PO BOX 6060 ABILENE TX 79608 TX CIRCLE 182 LLC 930 MANHATTAN BEACH BLVD SUITE B MANHATTAN BEACH,CA 90266 SUITE WILLIAM GUEST FAMILY LTD PRTN 804 WINDMILL CT BEDFORD TX 76021 ORDINANCE NO. 3684 SPECIAL DEVELOPMENT PLAN 2021-02 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL DEVELOPMENT PLAN FOR LOT 1 R, BLOCK 1, SMITHFIELD ADDITION, WITHIN THE SMITHFIELD TRANSIT ORIENTED DEVELOPMENT DISTRICT ON APPROXIMATELY 1.32 ACRES LOCATED AT 6608 DAVIS BOULEVARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Plan and the Zoning Ordinance of the City of North Richland Hills require a Special Development Plan within the Smithfield Transit Oriented Development zoning district; and WHEREAS, the owner of property located at 6608 Davis Boulevard (the "Property") has filed an application for a Special Development Plan and consideration of waivers to the Transit Oriented Development code applicable to the property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 1, 2021, and the City Council of the City of North Richland Hills, Texas, held a public hearing on April 12, 20217 with respect to the Special Development Plan described herein; and Ordinance 3684 SDP 2021-02 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the special development plan should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving the request for a Special Development Plan, including specific waivers to the Transit Oriented Development code, as provided herein on 1.32 acres of land, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes, commonly referred to 6608 Davis Boulevard, attached hereto incorporated herein for all purposes. Section 2: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations, the Special Development Plan Regulations set forth in Exhibit "B," attached hereto and incorporated for all purposes, and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 3: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the special development plan, including specific waivers to the Transit Oriented Development code, in accordance with the requirements of the Transit Oriented Development Code, and the Concept Plan shown on Exhibit "C" attached hereto and incorporated for all purposes, which is approved. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the Ordinance 3684 SDP 2021-02 Page 2 of 4 conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 12th day of April, 2021. CITY OF NORTH RICHLAND HILLS Ordinance 3684 SDP 2021-02 Page 3 of 4 By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary/ Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance 3684 SDP 2021-02 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3684 - Page 1 of 1 Special Development Plan Case SDP 2021-02 Lot 1R, Block 1,Smithfield Addition 6608 Davis Boulevard, North Richland Hills,Texas Lot 1R, Block 1,Smithfield Addition Being 1.317 acres of land described as Lot 1R, Block 1, Smithfield Addition, as recorded in Volume 388- 208, Page 88, Plat Records,Tarrant County,Texas. p Exhibit B—Ordinance No. 3684- Page 1 of 2 SPECIAL DEVELOPMENT PLAN REGULATIONS Special Development Plan Case SDP 2021-02 Lot 1R, Block 1,Smithfield Addition 6608 Davis Boulevard, North Richland Hills,Texas This Special Development Plan (SDP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of TOD Transit Oriented Development.The following regulations shall be specific to this Special Development Plan.Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted Land Uses. Uses in this SDP shall be limited to those permitted in the General Mixed Use - Smithfield character zone of the TOD Transit Oriented Development district with the addition of the following. 1. Custom metal fabrication, not to exceed 8,000 square feet in floor area. 2. Outside storage, not to exceed 1,000 square feet in area. Materials stored outside may not be taller than or stacked higher than 8 feet. 3. Office and commercial building, not to exceed 14,000 square feet in floor area with a maximum contiguous 3,000 square foot covered loading dock area. B. Building form and development standards. Development of the property must comply with the development standards of the TOD Transit Oriented Development district and the standards described below. 1. Parking ratios. a. Minimum 1 parking space per 500 square feet required. 2. Screening walls and fences. a. Eight-foot tall screening fences and walls shall be provided as shown on the Concept Plan attached as Exhibit "C." C. Architectural standards. Development of the property must comply with the development standards of the TOD Transit Oriented Development district and the standards described below. 1. Building materials. a. The design and appearance of the building shall comply with the building elevations attached as Exhibit "C." D. Administrative Approval of Site Plans. Site plans that comply with all development-related ordinances and this Ordinance shall be administratively approved by the Development Review Committee. Substantial deviations or amendments from the development standards or site plan must be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the Special Development Plan. Exhibit B—Ordinance No. 3684- Page 2 of 2 The city manager or designee may approve minor amendments or revisions to these special development plan regulations provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. NZ 7, 05 I dill 1,7 iL 01 0 1 w ow a 6 7 w co <w (o 1. 0'. L �1 7) E II Rogg 00 N G� I s l� im Ili LU cr- Q a LU J U) 0 ,_cr- (n 111 �ll Q uio 00 � c°o N'Z 0 0 CV :I N� Niw oI I dill 12 a Jr �IIW col W1 lug 1; Ili IL 4 L i v - III 0 I I 0 II II J J / II II J II II ❑ N, O'4Z QQ :I N� a'a W m A N a m= 1i 4N I°Q <to o f 0'. I �d l I , 1 1 J 7 ------------------ � a �u III J I — �u s f — -- -------- OIR Nil 0 w N ix o�d *1 U�j 11 =) 0 i A M. S2 W Qlo poi 1 0'. 0 .71 :f � II 1 l i - .......... 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W b W 5 O a z w� ¢ \ w 0 U O * , W, c (7 J Of O a = o to ` _ w z = 5 ¢ > LjZ _ cl J O z FA O z ~ y p W � p W U) o z = J MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE APRIL 1, 2021 D.2 SDP 2021-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM REVEST LLC FOR A SPECIAL DEVELOPMENT PLAN FOR INDUSTRIAL AND LIGHT MANUFACTURING USES AT 6608 DAVIS BOULEVARD, BEING 1.317 ACRES DESCRIBED AS LOT 1R, BLOCK 1, SMITHFIELD ADDITION. APPROVED Chair Welborn introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Rick Figueroa, 8800 Kirk Ln, North Richland Hills, Texas, presented the request. Chairman Welborn and Mr. Figueroa discussed where the steel fence and mechanical equipment would be located. Carli Strength, 5501 Montclair Drive, Colleyville, Texas, discussed the Peloton College portion of the proposed building. Chair Welborn and the applicants discussed the number of employees anticipated to occupy the building. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Vice Chair Tyner and Mr. Comstock discussed the area of the building where Peloton College and Tetra would be located. Ex-Officio Stamps and Mr. Comstock discussed the outside storage area. Commissioner Faram and Mr. Figueroa discussed the details of the Metcon business. April 01, 2021 Planning and Zoning Commission Meeting Minutes Page 1 of 2 Commissioner Werner, Mr. Comstock, and Mr. Figueroa discussed lighting for the proposed site. Chair Welborn called for anyone wishing to speak for or against the request to be connected to the meeting. There being no one wishing to speak, Chair Welborn closed the public hearing. A MOTION WAS MADE BY COMMISSIONER WERNER, SECONDED BY COMMISSIONER LUPPY TO APPROVE SDP 2021-02. MOTION TO APPROVE CARRIED 6-0. April 01, 2021 Planning and Zoning Commission Meeting Minutes Page 2 of 2 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 12, 2021 SUBJECT: SUP 2021-03, Ordinance No. 3685, Public hearing and consideration of a request from Donald Cheeks for a special use permit for an addition to a permanent accessory building for a secondary living unit and carport at 8213 Forrest Lane, being 1 .943 acres described as Lot 13, Block 3, Woodbert Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Donald Cheeks is requesting a special use permit to authorize a secondary living unit and an accessory building with attached covered parking on 1.943 acres located at 8213 Forrest Lane. GENERAL DESCRIPTION: The property under consideration is located at the north end of Forrest Lane, north of Starnes Road and west of Davis Boulevard. The lot is 1.943 acres in size, 359 feet wide, and approximately 236 feet deep. The property is developed with a single-family residence and one permanent accessory building located in the northeast portion of the site. The property is zoned R-2 (Single-Family Residential). City Council approved a special use permit for the original accessory building on December 8, 2014 (Ordinance 3347). This ordinance authorized a 960-square-foot building on the property. Since that time, the owner made additions to the building that include a secondary living unit and a covered parking area. The additions were constructed without a permit. Since the secondary living unit and building do not comply with applicable zoning standards, the owner is requesting a special use permit to allow the design as proposed. If the special use permit is approved, the owner must apply for building permits for the additions and have them inspected for building code compliance. The standard fine of $500 or twice the permit amount (whichever is greater) will be assessed at the time of building permit for work done without a permit. Secondary living unit A secondary living unit with kitchen facilities may be constructed on a residential lot, subject to certain development standards. These types of living units are intended for use by a family member or relative of the occupants of the primary house, and the units may not be rented or leased or have separate utility meters. A secondary living unit is permitted by right in the R-2 (Single-Family Residential) zoning district. "K NOKTH KICHLAND HILLS The secondary living unit is attached to the existing accessory building. The unit provides 663 square feet of living area, including one bedroom, one full bathroom, a kitchen, and living and dining areas. All electrical, water, and sanitary sewer services are connected to the utilities for the main house. The location and design of secondary living units is subject to design standards established by � ca on 11„11„ 11 Ica„� of the zoning ordinance. Proposals to modify the design standards may be authorized through approval of a special use permit. A comparison of the required standards and the requested modifications is described in the table below. FEE= WrEm 1connofflection to orimary residence nstructed no more than 25 feet from main house • Located approximately 95 feet from • Attached to main house by breezeway at least six main house (6)feet wide and attached to roofline • Not attached to main house Architecture • Same architectural style as primary structure(brick • Metal siding with brick wainscot house with pitched roof) • Low-pitch shed style roof Maximum total floor area • 650 square feet floor area • 663 square feet floor area %. / a bt FRONT OF SECONDARY LIVING UNIT SIDE OF SECONDARY LIVING UNIT Covered parking area Carport structures may be constructed on a residential lot, subject to certain development standards established by l.g2tJoir� 11„11 11 ( ) of the zoning ordinance. The standards apply to carports attached to a house or other building as well as free-standing structures. The attached carport is 822 square feet in area, being 20 feet wide and 41.5 feet long. The height of the carport is 15 feet at its tallest point. It is attached to the east side of the building and includes a metal roof and steel columns. For lots greater than 40,000 square feet in area, the zoning ordinance allows for consideration of a special use permit for varying from specific development standards. "K NOKTH KICHLAND HILLS Since the carport is attached to the existing accessory building and is considered an addition to the building, proposals to modify the design standards may be authorized through approval of a special use permit. A comparison of the required standards and the requested modifications is described in the table below. NOW r ®® rsr ®®® r r Maximum size • 360 square feet 9 882 square feet Vehicle parking surface • Parking surface must be concrete • Gravel parking surface under carport • Concrete driveway access to a public street must • Gravel driveway access to existing be provided concrete driveway Design criteria • Roof pitch must be at least 4:12 • Roof pitch less than 1:12 • Common metal posts not permitted. Must use • Common metal posts architecturally enhanced materials ! Apo � t SIDE VIEW OF ATTACHED CARPORT The attached special use permit exhibits include a survey of the property, a floor plan of the secondary living unit, and photographs of the building. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The proposed zoning is R-2 (Single-Family Residential). This district is intended to provide areas for low density development of single-family detached dwelling units which are constructed at an approximate density of 4.0 units per acre. "K NOKTH KICHLAND HILLS SURROUNDING ZONING ( LAND USE: NORTH R-3(Single-Family Residential) Low Density Residential Single-family residences WEST R-2(Single-Family Residential) Low Density Residential Single-family residence SOUTH PD(Planned Development) Low Density Residential Single-family residences EAST C-1(Commercial) Retail Commercial Religious assembly(Gateway Church) PLAT STATUS: The property is platted as Lot 13, Block 3, Woodbert Addition. DEVELOPMENT REVIEW COMMITTEE: The DRC recommends approval of the request subject to a paved driveway connection. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the April 1, 2021, meeting and voted 6-0 to recommend approval subject to allowing the gravel driveway and parking surface to remain. RECOMMENDATION: Approve Ordinance No. 3685. ........................... LU (1) ............. U Li o �.... 00 ...................... .............................. ........., W'— LL .......! o � o i ............................... / .............,..............................................,................ ............ O O SIAV(l ............................. ...... O .....................,,,,,,,,,,, o N .-I ........................................................... 2 �- ,,,,,,,,,,,, ......,,,,,, � N -� 3�dIa38W11 w Q to ,� ..... ..... .............. INN aRrc Per ..... ... ............. ................................................ ....... ................................ . 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APPLICANT Donald Cheeks LOCATION 8213 Forrest Lane REQUEST Public hearing and consideration of a request from Donald Cheeks for a special use permit for an addition to a permanent accessory building for a secondary living unit and carport at 8213 Forrest Lane, being 1.943 acres described as Lot 13, Block 3, Wood bert Addition. DESCRIPTION Additions to an existing permanent accessory building for a 663-square-foot secondary living unit and an attached carport. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, April 1, 2021 City Council 7:00 PM Monday, April 12, 2021 MEETING LOCATION City Council Chamber-Third Floor I II III ILIS IIIIIII III "'llll 4301 City Point Drive Enhanced sanitation protocols,social North Richland Hills, Texas distancing, and wearing of face coverings are in effect for all public meetings. People interested in submitting letters of support or opposition are encouraged to contact the Planning&Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP SAYERS BRIDLEWOOD EREDWOOD go LL z ca RUMFIELD 1-6CIAN M 51 P '1�5 ca ce HILLCRES LU ca IF I 2'F III XIS III 1111114G A001I1ffl,,SS01I11Y Io°' 111,13U111111 11I)IIIIING 21Z !124t j/ 51.7' NO I 10 SON I TWO STORY BRICK f FRAME RESIDENCE 8213 FOR REST ILAINE LOT f 3,51,OCK 3 WOODBERT ADDITION LOT 12 FASUJIFINT T IF SANITARY SF.VVFR- EASEMFINT 3 NBI ETNIDTH Fi�-dY ACCIF APPIR0.LQ�,A ION 3z IM-YEIRROODRAINIINE PER ORAPPIG SCALE R 41 I ZO NE v INT �AHIABLE W1 DTH IT" r)nAINA(�t-A$1rMrNr ZJ ti W.VAQTlo URAIG -------- N 191, 7— 61.11' VAHNIABLIE WIDrH �,% TLNI, CRESTWOOD ESTATES A L VOL.1OF05 PG,124 VOL. 54 CRESTWOOD ESTATES I I GAIR.A RI DIF 12420 Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS SUP 2021-03 BRUCE, DARRELL 8136 SAYERS LN NORTH RICHLAND HILLS TX 76182 CHEEKS, DONALD R 8213 FORREST LN NORTH RICHLAND HILLS TX 76182 CRESTWOOD ESTATES HOA PO BOX 820202 NORTH RICHLAND HILLS TX 76182 CURRY, DOUGLAS A 7469 TIMBERHILL DR NORTH RICHLAND HILLS TX 76182 ELLIS,JENNIFER 7432 PARK PLACE DR NORTH RICHLAND HILLS TX 76182 GATEWAY CHURCH 500 S NOLEN DR STE 300 SOUTHLAKE TX 76092 GIEDER,JOSEPH E 7313 CRABTREE LN NORTH RICHLAND HILLS TX 76182 GILBREATH, HAROLD W 8212 SAYERS LN NORTH RICHLAND HILLS TX 76182 HARDY,JANETTE 7429 PARK PLACE DR NORTH RICHLAND HILLS TX 76182 HOLLY,CLINTON 8124 SAYERS LN NORTH RICHLAND HILLS TX 76182 JOHNSON, MITCHELL W 8220 SAYERS LN NORTH RICHLAND HILLS TX 76182 KING, ELDON 7428 PARK PLACE DR NORTH RICHLAND HILLS TX 76182 LOWE,DAVID 0 7424 PARK PLACE DR NORTH RICHLAND HILLS,TX 76182 MARINANGEL, LISA 7432 FORREST LN NORTH RICHLAND HILLS TX 76182 MILLER,CLARENCE 7468 TIMBERHILL DR NORTH RICHLAND HILLS TX 76182 NOLTE, DINO 8206 SAYERS LN NORTH RICHLAND HILLS TX 76182 NOMOTO,RYOICHI 5050 QUORUM DR STE 610 DALLAS TX 75254 PAINE, DIANE SANSONE 7420 PARK PLACE DR NORTH RICHLAND HILLS TX 76182 REYNOLDS FAMILY LIVING TRUST 8201 FORREST LN NORTH RICHLAND HILLS TX 76182 REYNOLDS, KAREN 8205 FORREST LN NORTH RICHLAND HILLS TX 76182 STALEY, BOB 8216 SAYERS LN NORTH RICHLAND HILLS TX 76182 THACKER,THOMAS A 7424 FORREST LN NORTH RICHLAND HILLS,TX 76182 VUONG, NHAN T 7425 PARK PLACE DR NORTH RICHLAND HILLS TX 76182 WALLING, BARRY 7433 PARK PLACE DR NORTH RICHLAND HILLS,TX 76182 WESTROM&WALLING DEVELOPERS 6821 BAKER BLVD STE B RICHLAND HILLS,TX 76118 WRIGHT,STEVE 8128 SAYERS LN NORTH RICHLAND HILLS,TX 76182 ORDINANCE NO. 3685 CASE SUP 2021-03 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A SECONDARY LIVING UNIT AND PERMANENT ACCESSORY BUILDING TO BE LOCATED AT 8213 FORREST LANE; PROVIDING THAT THIS ORDINANCE SHALL REPEAL ORDINANCE 3347 FOR THE SAME PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for an accessory building for the purpose of varying from specific development standards on lots 40,000 square feet or greater in area; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for a secondary living unit for the purpose of varying from specific development standards; and Ordinance No. 3685 SUP 2021-03 Page 1 of 4 WHEREAS, the owner of the property located at 8213 Forrest Lane (the "Property") has filed an application for a Special Use Permit for a secondary living unit and permanent accessory building; and WHEREAS, the Property had previously received approval through Ordinance 3347, passed December 8, 2014 for a metal accessory building, and this new application is intended to supersede that previous approval; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 1, 2021, and the City Council of the City of North Richland Hills, Texas, held a public hearing on April 12, 20217 with respect to the Special Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a secondary living unit and permanent accessory building Lot 13, Block 3, Woodbert Addition, commonly referred to as 8213 Forrest Lane, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That Ordinance 3347 is hereby repealed and no longer applies to the Property; and Ordinance No. 3685 SUP 2021-03 Page 2 of 4 Section 4: That the official map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 5: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Ordinance No. 3685 SUP 2021-03 Page 3 of 4 Section 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED on this 12th day of April, 2021. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary/ Chief Governance Officer Approved as to form and legality: Maleshia McGinnis, City Attorney Approved as to content: Clayton Comstock, Planning Director Ordinance No. 3685 SUP 2021-03 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3685 - Page 1 of 1 Special Use Permit Case SUP 2021-03 Lot 13, Block 3,Woodbert Addition 8213 Forrest Lane, North Richland Hills,Texas Lot 13, Block 3,Woodbert Addition Being 1.943 acres of land described as Lot 13, Block 3, Woodbert Addition, as recorded as Instrument D213194979, Plat Records,Tarrant County,Texas. - r, VOL,yDYY h G 40l k GL.9 N-E& FRT ADD,Tli NfOi CA.R„M 11TLT,1^in1YJ "� 1wP35f Vb �HklE.nh x .v� FIiA,MIF HF.SI YE 4fl i x'�..` 7Cx HR15 P'+J%HFSC lM114F � -':• �.�'i / , for 11,.4kolt1 r 1 s AL➢Ul n(lN � .�` S MT Ohl rn,v� i_, sl-, .911ur-�a3� nNlnl9 ivxlVri� a N,H,'I',C FORREST, / LANE {r=owFst IANIr.f"EF Ill Ali '.• i:�limin,I a,lm rv•. v y , w, I LGGCNII � � ..i F / u, •` CAE SLIO ® 4.1rti �n VfYt V l4PC;T.G.94 LI.4AJJ� �r .14 11 I .11 8215 FORREST LANE CITY OF NORTH RICHLAND HILLS TARRANT COUNTY,TEXAS .era.zaaraeaknr r x 13JRRpWLF: p � '' r �cwu.r x �unw DONA,LItJR(HIFEK9, F"'I"HJOMu afwuGto P 4 IFI.Al oars.ewna,aazo u t x�r..�a�F�-., vow ..:M•,H. .... FlE4.C1:'M.V FIELD UArE: Exhibit B— Land Use and Development Regulations —Ordinance No. 3685— Page 1 of 1 Special Use Permit Case SUP 2021-03 Lot 13, Block 3,Woodbert Addition 8213 Forrest Lane, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of R-2 Single-Family Residential. The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted use. A special use permit is authorized for one (1) secondary living unit and one (1) permanent accessory building on the property. B. Permanent accessory building. The permanent accessory building must comply with the standards described below. 1. The building must be located as shown on the special use permit exhibits attached as Exhibit "C." 2. The permanent accessory building must not exceed one thousand ninety six (1,096) square feet in floor area. The covered parking area attached to the building must not exceed eight hundred twenty-two (822) square feet. 3. A concrete or asphalt driveway connecting the building to the street is required. C. Secondary living unit. The secondary living unit must comply with the standards described below. 1. The building must be located as shown on the special use permit exhibits attached as Exhibit "C." The building is not required to be attached to the main house. 2. The secondary living unit must not exceed six hundred sixty-three (633) square feet in gross floor area. 3. The architectural design of the building may be as shown on the special use permit exhibits attached as Exhibit "C." D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit will be processed in the same manner as the original approval. 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I 1 r Y �o i l 1 �i i i ,1r / r i i l 1 l � r uy r i r r, I� i i i J / �`✓ t, f s,°/ i'/ v �A ilrrn red / a l✓'( i/�,µ� ViP/ � `r /��jj �. ,..... a 1 N -,f � ,_ '� 'V,, �� �. e�/, W �� Div�1Uj1 � / 7�1d���� � Id poSl'✓ir�' %�% (��%/ y u 1 New ill,N Wa/'/ urlv:�l r V Y / l i yl✓�'/ � r t 1 ° pr S � r r J Alf l / r I j/ 1 r o � f o/ J/ yll uuuuuui / , r � � ai/�1/Ol�a�piri i�✓//�/r J/�rrrm��J , " ✓ /' sir/ /iiurrm/ 1auue f , /////�/ ./, 77 �l.,,................ w ✓,;IDyyl„irui¢,raGa+lae`�rM�l «na�� �i/ MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE APRIL 1, 2021 D.1 SUP 2021-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DONALD CHEEKS FOR A SPECIAL USE PERMIT FOR AN ADDITION TO A PERMANENT ACCESSORY BUILDING FOR A SECONDARY LIVING UNIT AND CARPORT AT 8213 FORREST LANE, BEING 1.943 ACRES DESCRIBED AS LOT 13, BLOCK 3, WOODBERT ADDITION. APPROVED Chair Welborn introduced the item, opened the public hearing, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chair Welborn called for the applicant to present the request. Randy Cheeks, 8213 Forrest Lane, North Richland Hills, Texas, presented the request. Chair Welborn called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Chair Welborn asked if there was an aerial photograph to show the visibility of the property. Commissioner Werner and the applicant discussed the location and potential removal of trees on the property. Chair Welborn called for anyone wishing to speak for or against the request to be connected to the meeting. There being no one wishing to speak, Chair Welborn closed the public hearing. Chair Welborn stated that the gravel driveway surface does not appear to be a detriment to the property given its seclusion. April 01, 2021 Planning and Zoning Commission Meeting Minutes Page 1 of 2 A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY VICE CHAIR TYNER TO APPROVE SUP 2021-03 SUBJECT TO ALLOWING THE GRAVEL DRIVEWAY AND PARKING SURFACE TO REMAIN. MOTION TO APPROVE CARRIED 6-0. April 01, 2021 Planning and Zoning Commission Meeting Minutes Page 2 of 2 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 12, 2021 SUBJECT: Public hearing and consideration of Ordinance No. 3686, adopting Youth Programs Standards of Care. PRESENTER: Ron Newman, NRH Centre Member Services Supervisor SUMMARY: The purpose of this report is to request City Council approval of an ordinance adopting the North Richland Hills Youth Programs Standards of Care. Adopted standards are a Texas Department of Family and Protective Services requirement for an exempt status for day care licensing. A public hearing is required for adoption of the ordinance. The public hearing and adoption of the ordinance may occur on the same day. GENERAL DESCRIPTION: The City of North Richland Hills Parks and Recreation Department offers day camp programs for children ages five to thirteen. The Texas Legislature requires municipal day camp youth programs for elementary age children to meet day care licensing requirements or file for an exemption (Section 42.041(b)(14) of the Child Care Standards and Regulations of the Texas Human Resources Code). To receive exempt status, a municipality must submit a copy of program standards, a notice of a public hearing for the program and a copy of the ordinance adopting the standards. The Youth Programs Standards of Care will provide basic childcare regulations for day camp activities operated by the City of North Richland Hills Parks and Recreation Department, allowing the department to qualify for an exemption from the requirements of the Texas Child Care Standards and Regulations within the Texas Human Resources Code. Additionally, due to COVID-19, further guidance provided by the CDC has been incorporated into daily day camp operations and camp protocols. The City of North Richland Hills day camp program meets, and in some areas exceeds, many of the standards listed in the state's Child Care Standards and Regulations. All of the Standards of Care included in the City of North Richland Hills Parks and Recreation day camp policies and procedures have been in place for several years and have been used in the staff training process prior to camp each year. The Standards of Care are provided to the parents of each program participant and includes, at a minimum the following areas: • Minimum requirements for staffing ratios. • Staff qualifications and essential job functions. • Facility, health and safety standards. IrLp NOKTH KICHLAN HILLS • Training and procedures for reporting child abuse/neglect allegations. • Written procedures stating that parents and each staff member will be provided a set of standards. • Contact information of department supervisors for the purpose of complaint notification and resolution regarding the recreational program. • Written procedures for staff who will be monitoring the programs and enforcing the standards. • Requirement of criminal background checks on prospective day camp employees. • Service standards for communicating with parents and performance expectations of day camp employees. • Behavior management and discipline procedures. • General rules and regulations. The application for exemption determination and the formal adoption of the Youth Programs Standards of Care and ordinance is an annual requirement so that the Standards of Care can be revised as needed to reflect current regulations. This is the seventeenth year for the formal adoption process. The Parks and Recreation Board, at their April 5, 2021 meeting, approved a recommendation to forward the North Richland Hills Youth Programs Standards of Care to City Council for formal adoption. RECOMMENDATION: Approve Ordinance No. 3686. ORDINANCE NO. 3686 AN ORDINANCE READOPTING SECTION 62-10 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS CODE OF ORDINANCES READOPTING THE CITY OF NORTH RICHLAND HILLS YOUTH PROGRAMS STANDARDS OF CARE, FOLLOWING A PUBLIC HEARING; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("The City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Human Resources Code; Section 42.041(b)(14), established requirements for exempting recreational programs operated by municipalities for elementary age children (5-13) from childcare licensing requirements; and WHEREAS, in order to receive exempt status for a youth recreational program, a municipality must adopt standards of care by ordinance after a public hearing for the program and a copy of the ordinance adopting the standards forwarded to the State; and WHEREAS, the City of North Richland Hills Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by Parks and Recreation and other departments in accordance with Section 42.041(b)(14) of the Human Resources Code: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2. Sec. 62-10 of the North Richland Hills Code of Ordinances is hereby adopted as follows: "Sec. 62-10. -YOUTH PROGRAMS STANDARDS OF CARE" "The City Council of the City of North Richland Hills hereby adopted the City of North Richland Hills Youth Programs Standards of Care for providing basic child care regulations for day camp activities operated by the Parks and Recreation Department as well as other departments. As required by Section 42.041(b)(14) of the Human Resources Code, the Standards Ordinance No. 3686 Page 1 of 3 adopted by this ordinance include staffing ratios; minimum staff qualifications; minimum facility, health, and safety standards; and mechanisms for monitoring and enforcing the adopted local standards. A substantial copy of the City of North Richland Hills Youth Programs Standards of Care is attached hereto and incorporated herein for all intents and purposes and shall be available on the City's website under the Parks and Recreation subhead." SECTION 3. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law. SECTION 4. This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. This ordinance shall be in full force and effective immediately after its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 12t" day of April, 2021. Ordinance No. 3686 Page 2 of 3 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Adrien Pekurney Director of Parks and Recreation Ordinance No. 3686 Page 3 of 3 City of North Richland Hills Parks and Recreation Department Youth Programs Standards of Care I. GENERAL INFORMATION /ADMINISTRATION Purpose: To provide basic childcare regulations for activities operated by the North Richland Hills Parks and Recreation Department. This will allow the department to qualify as exempt from requirements of the Texas Human Resources Code. A. Organization: 1. The governing body of the City of North Richland Hills Youth Programs is the City of North Richland Hills City Council. 2. Implementation of the Youth Programs Standards of Care is the responsibility of the Assistant Director of Recreation and Recreation Division Staff. 3. The Youth Programs Standards of Care will apply to several day camp programs which are conducted by the North Richland Hills Parks and Recreation Department throughout the year. 4. Each Youth Program site will have available for public and staff a current copy of the Standards of Care. 5. Parents of participants will be provided a current copy of the Standards of Care during the registration process. B. Implementation: The Standards of Care Program will be the responsibility of the Parks and Recreation Department, with the Recreation Coordinator overseeing the overall program and the Day Camp Director administering the program on-site. Regulations apply to these on-going programs: Winter Break Camp Spring Break Camp Summer Day Camp Fall Break Camp Other: Each camp will make available for public and staff a current copy of the Standards of Care. Parents of participants will be provided a copy of Standards of Care during the registration process and the Camp NRH parent orientation prior to camp starting each year. Program Sites: NRH Centre 6000 Hawk Avenue (Main Site) Adventure World Playground 7451 Starnes Rd Green Valley Community Park 7701 Smithfield Rd John Barfield Trail 8201 Davis Blvd The Lakes at Hometown 8700 Bridge St Northfield Park 7804 Davis Blvd Stormy Plaza 9010 Grand Ave Walker Creek Elementary 8780 Bridge St (parking lot and field) Walker's Creek Park 8403 Emerald Hills Way Walker's Creek Trail 8403 Emerald Hills Way Dolce Place 9000 Grand Ave C. Day Camp Objectives: 1. To provide youth with the opportunity to experience a variety of recreational activities which include sports, games, arts and crafts, education, drama, special events, field trips, tournaments, etc. 2. To provide an encouraging atmosphere emphasizing positive development of physical skills, emotional growth and self-confidence. 3. To provide a safe environment; always promoting good health and welfare for all. 4. To teach children how to spend their leisure time wisely; in an effort to meet the emotional, physical, and social needs of the child. D. Exemption Status: Once an exempt status is established, the Licensing Division will not monitor the recreational program. The Licensing Division will be responsible for investigating complaints of unlicensed child care and for referring other complaints to the municipal authorities or, in the case of abuse/neglect allegation, to the local police authorities. E. Standards of Care Review: Standards will be reviewed annually and brought to the City Council for approval after a public hearing is held to pass an ordinance regarding section 42.041(b) (14) of the Texas Human Resources Code. Childcare Licensing will not regulate these programs nor be involved in any complaint investigation related to the program. Any parent, visitor or staff may register a complaint by contacting the North Richland Hills NRH Centre Manager at 817-427-6600 or the Parks and Recreation Administrative Offices at 817-427- 6620, Monday through Friday, 8:00 a.m. - 5:00 p.m. II. STAFFING A. Day Camp Director—The Day Camp Director directs a staff of 14 day camp counselors and supervises the activities of children in a day camp setting. 1. Essential Job Functions: a.) Direct and supervise all counselors including hiring and training. b.) Complete and submit proper records including camp schedules, counselor work schedules, payroll, accident/incident reports and attendance. c.) Develop age appropriate camp curriculum (5-13 years) in accordance with the philosophy of the program. d.) Ensure staff is committed to following established guidelines, procedures and standards. e.) Maintain an orderly, clean and safe environment for the children while promoting a non-competitive program directed toward accentuating positive behaviors, physical development and emotional growth. f.) Develop and distribute a weekly schedule of activities. g.) Complete facility reservations and transportation needs for all camp activities. h.) Schedule, confirm, obtain and distribute payment for all field trips. i.) Maintain supplies, equipment and all necessary documentation for the operation of the camp. j.) Communicate to parents about camper's progress and activities. k.) Conduct on-going program evaluations implementing approved recommendations as needed. I.) Provide reports to the Membership Services Supervisor on a weekly basis to monitor camp activities throughout the program. 2. Qualifications: a.) Bachelor's Degree in Education or Recreation is preferred but not required. b.) A minimum of three years experience as a camp counselor and/or educator. c.) Requires a valid Texas driver's license with a good driving record over the last three yea rs. d.) Must pass city criminal background check prior to hiring. e.) Must pass pre-employment drug screen and/or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Requirements of Work: a.) Director must complete the mandatory staff training program of at least 20 hours, in addition to planning hours with site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, training and examination program on sexual abuse and child molestation, as well as practical skills on activities for children in games, songs and crafts. b.) Ability to be physically active and involved with children all day. c.) Ability to lift 55 pounds. d.) Knowledge of child development and age appropriate activities. e.) Advanced organizational and communication skills. f.) Team leadership abilities. g.) Varied experience in a variety of activities including sports, arts, nature, drama and cooperative activities. B. Day Camp Counselor—The Day Camp Counselor is responsible for direct leadership of youth ages 5-13 in a variety of activities including, but not limited to games, sports, crafts, special events and field trips. The counselor assists in planning and organization of camp schedules, activities, supplies and equipment, and is also responsible for cleanliness of the areas used by camp participants. The counselor positions are also responsible for completing necessary forms relating to attendance, check-in/check-out procedures, accidents, and incidents. 1. Essential Job Functions: a.) Promote a non-competitive, positive, self-image enhancing environment for each participant through the direction of non-competitive, fun, varied and well-organized activities. b.) Directly lead activities using a method that will provide opportunity for the involvement of all children on an equal level. The Counselor prepares, in advance, directions for activities, daily schedules and required equipment used during the activities. c.) Exhibit enthusiasm for the activity to impart a feeling of excitement to camp participants. d.) Follow procedures for camper check-in/check-out. Reports accidents/incidents, behavioral modifications and camp schedules. e.) Follow guidelines for safety and storage of equipment, including inventory of supplies. f.) Ensure safety of youth during transportation while on field trips. g.) Provide and adhere to established guidelines set forth for the safety, behavior, communication and discipline of the camp participants. h.) Recognize and reward positive, improved and outstanding behavior and/or accomplishments of camp participants. 2. Minimum Qualifications: a.) High school diploma with two years of college preferred but not required. b.) One year experience working with children in a day camp setting. C.) A valid Texas driver's license with a good driving record over the last three years. d.) Must pass criminal background check prior to hiring. e.) Must pass pre-employment drug screen and/or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Other Requirements: a.) Staff must complete the mandatory staff training program of at least 20 hours, in addition to planning hours with site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, training and examination program on sexual abuse and child molestation, as well as practical skills on activities for children in games, songs and crafts. b.) Staff must exhibit competency, good judgment and self-control throughout the duration of the camp. c.) Staff should relate to the children with courtesy, respect, acceptance and patience. d.) Staff will be evaluated at least once during the summer prior to the completion of camp. Evaluations will be reviewed with the camp counselors to discuss any areas of improvement or suggestions. 4. Criminal Background Checks: Criminal background checks will be conducted on prospective day camp employees. Applicants may be disqualified if they have a job related criminal conviction. A prospective employee will be subject to a pre-employment drug test and/or physical prior to hiring. 5. Staffing Ratios:The state required ratio for number of children (ages 5-13) may not exceed 15:1 children to staff. Camp NRH Day Camp maintains 12:1 children (ages 5-13) to staff ratio. On all field trips Camp NRH Day Camp maintains 8:1 children to staff ratio. III. FACILITY STANDARDS A. Emergency evacuation and relocation plans will be posted at each facility. Program employees will inspect sites frequently for any sanitation or safety concerns. Those concerns should be passed on to the Membership Services Supervisor or NRH Centre Manager immediately. B. Each camp must have a fully stocked first aid kit. This shall be checked and stocked on a weekly basis by the Camp Director. It shall include but is not limited to bandages and Band-Aids, first aid cream, rubber gloves, Neosporin, alcohol wipes, hot/cold packs, gauze, tweezers and scissors. C. In a situation where evacuation is necessary, the first priority of staff is to make sure all participants are in a safe location. Program sites will be inspected by the Fire Marshall annually. Each Facility Manager is responsible for compliance with Fire Marshall's directives. The recommended number of fire extinguishers shall be inspected quarterly and available and "primed" for use. Fire drills should be conducted once a month during the summer camp. D. Medication will only be administered with written parent consent completed on ePACT Network as provided by the City of North Richland Hills. Prescription medications shall be left with staff in their original container, labeled with the child's name, date, directions, photo of the child and the child's physician's name. Medication will be logged until dispense to child. Medication shall be dispensed only as stated on the bottle unless directed otherwise by parent/guardian or physician, and not past the expiration date. E. Non-prescription medicine with the child's name and date on the medication may be brought if in the original container. This medication will also be logged and be dispensed only as stated on the bottle unless directed otherwise by parent/guardian or physician. F. Each indoor site shall have adequate indoor toilets and lavatories located such that children can use them independently and program staff can supervise as needed. There shall be one flush toilet per 30 children. Outdoor sites shall provide portable toilets based on number of children attending each day. Sinks shall be provided based on 1 sink per 30 children. G. All participants must wear athletic shoes daily. Sandals will not be allowed. IV. SERVICE STANDARDS—Day Camp Staff A. This information will be provided to each staff member as a part of the day camp staff manual: 1. Appropriate shirts, shorts and tennis shoes are to be worn at all times. Camp NRH staff shirts are to be worn on the designated days. Shorts should be at a respectable length, no cut-offs. No clothing should bear any inappropriate logos, phrases, or pictures. Any staff member, who does not adhere to the dress code, will be sent home for the day without pay. 2. Staff will be provided with four to five Camp NRH T-shirts. Uniform schedules will be given to staff during training and should be followed throughout the summer. Any deviation must be approved by the Membership Services Supervisor. 3. Men and women's swimsuits should provide full coverage when swimming activities are held at the NRH Centre, NRH2O or other aquatic facilities. 4. Name tags/IDs should be worn and clearly visible at all times. 5. Camp participants and parents will be treated with respect at all times. 6. Camp staff will take it upon themselves to resolve complaints. Do not refer the customer to another staff member, unless necessary. If you are unable to resolve the complaint on the spot, take the customer's name and phone number, investigate the complaint and follow up with the customer. All complaints should be recorded (problem and resolution) on a Customer Comment Form provided by the Membership Services Supervisor. 7. Camp staff will keep parents informed of camp activities. A weekly schedule will be distributed one week in advance and extra copies will be kept with the daily sign in log. In addition to hard copies of the weekly schedule parents will be notified of changes to the schedule via email correspondence and campnrh.com. Camp staff will note details of behavior of campers (accomplishments, discipline problems, general activities, etc.) in the daily campers log and verbally update parents as much as possible. 8. Camp staff will monitor the check-in/check-out log at all times. 9. Camp staff will clean program areas after each activity. Floors will be swept/vacuumed, mirrors cleaned, sanitized and supplies put away. This is extremely important due to the fact that rooms are used throughout the day by other groups. 10. Camp staff will spend the majority of their time actively involved with campers and/or parents. Camp staff will check all messages for the day, prior to beginning any camp activities. VI. OPERATIONAL ISSUES A. Emergency phone numbers are kept at the NRH Centre front desk, as well as with the Day Camp Director on field trips. Those numbers include fire, police, and ambulance services. B. The Day Camp Manual is provided to every staff member and outlines the following: 1. Behavior Management and Discipline Procedures 2. Rules and Regulations 3. Forms 4. Service Standards 5. Game/Activity Leadership 6. Guidelines for Communication with children and parents C. Check-in/check-out forms will be used every day. Only adults listed on the camper's release form will be allowed to pick up children. The authorized parent/guardian must enter the building and sign the check-out form in order for staff to release the child. D. Emergency evacuation and relocation plans will be posted at each facility. E. Transportation Requirements Texas law requires that all children younger than 8 years old, unless they are taller than 4 feet 9 inches, be secured in a child safety seat whenever they ride in a vehicle. Older children who have outgrown a booster seat must be buckled with a seat belt. In compliance with this law, parents will be required to provide a booster seat for their child if that child is under 8 years old and measures less than 4'9". Camp NRH will have five booster seats on- site for transportation services required for field trips and other Camp NRH activities in the event that a camper forgets to bring their booster seat with them to camp. Camp NRH staff will be trained to identify children that are required to be in a booster based on birth date of camper identifying the legal age of the child and by utilizing a height measuring tool. F. Parents will be notified regarding planned field trips and provided the required release forms. Enrollment information will be kept and maintained on each vehicle while traveling to and from field trip sites. G. Enrollment information will be kept and maintained using ePACT Network for each child and shall include: 1. Child's name, birth date, home address, home telephone number, physician's phone number and address and phone numbers where parents may be reached during the day. 2. Name, driver's license number and telephone number of persons to whom the child can be released. 3. Field trip release form as needed. 4. Liability waiver. 5. Parental consent to administer medication, medical information and release on participant. H. Staff shall immediately notify the parent or other person authorized by the parent when the child is injured or has been involved in any situation which placed the child at risk. I. The Membership Services Supervisor shall notify the parents/guardians of participants' if/when there is an outbreak of a communicable disease in the facility as required by the County Department of Health. Staff must notify parents of children in a group when there is an outbreak of lice or other infestation in the group. VII. BEHAVIOR MANAGEMENT AND DISCIPLINE PROCEDURES A. Program employees will implement discipline and guidance in a consistent manner based on an understanding of individual needs and development with the best interests of program participants in mind. B. There will be no harsh, cruel, or corporal punishment used as a method of discipline. C. Program employees may use brief, supervised separation from the group if necessary. Children will be aware of all camp rules prior to the start of any activity. Their understanding of the rules is an integral part of behavior management. When negative behavior occurs they will know there is a consequence for their chosen action. D. Incident reports will be filled out on any disciplinary cases, and information is to be shared with parents when picking up the child (or sooner when extreme cases occur). Parents will be asked to sign the incident reports to indicate they have been advised about specific problems and/or negative behaviors. F. A sufficient number and/or severe nature of discipline reports as detailed in the program manual may result in a participant being suspended from the program. Parents/guardians will be contacted to pick up their child immediately. G. In instances where there is danger including physical harm or threat of physical harm to participants, staff, or themselves; the offending participant(s) will be removed from the program immediately. Parents/guardians will be contacted to pick up their child immediately. VIII. ILLNESS OR INJURY A. Participants shall have and maintain immunizations in accordance with those required by the Texas Department of Health for public school attendance according to age. B. Parents shall be notified in cases of illness or injury. C. An ill child will not be allowed to participate if the child is suspected of having a temperature and/or accompanied by behavior changes or other signs or symptoms until a medical evaluation indicates that the child can be included in the activities. In the event an injury cannot be remedied through basic first aid, staff shall notify paramedics. D. When an injury occurs, an incident report shall be filled out immediately after the incident, with the original sent to the NRH Centre Manager's office with a copy kept in the Day Camp files. E. In the event of suspected abuse, program employees will report suspected abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be immediately reported to the Assistant Director of Recreation. The Assistant Director will immediately notify the Police Department and any other agency as may be appropriate. F. Texas state law requires the staff of youth programs to report any suspected abuse or neglect of a child to the Texas Department of Family and Protective Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. IX. GENERAL GUIDELINES FOR CHILDREN A. As a part of the Day Camp Manual, staff should be given the following information: 1. A child is not allowed to use the phone unless it is an emergency. In this case, Day Camp staff should make the call for the child. 2. Children must stay off tables, counter tops, ping pong tables, etc. 3. Children should walk in the building. Running is only permitted in the gym and outside areas. 4. Bouncing and throwing balls is permitted only in the gym or designated game area with direct supervision from staff. 5. Active games using equipment that can cause damage to window, shades, lights, and ceilings must be played only in the gym or outdoors. 6. Children must respect staff and each other. 7. Children must wear closed toe shoes at all times. 8. Children must be contained and not allowed to filter in the general public. B. The program will provide activities for each group according to the participants' ages, interests and abilities.The activities should be flexible and promote social and educational advancement. 1. A weekly calendar of activities will be posted for parents the Friday prior to the next week of camp. 2. When taking field trips, staff will: a.) Count everyone before they leave the program site as well as prior to leaving the field trip site. b.) Carry medical information on each child and necessary medication with them on the trip. c.) Carry a first aid kit and mobile phone in all vehicles and while on-site. d.) All participants are required to wear wristbands that have Camp NRH and NRH Centre phone number inscribed on them. Participants are also encouraged to wear camp shirts so that children are easily identified. X. MONITORING AND ENFORCEMENT A. Standards of Care established by the City of North Richland Hills will be monitored and enforced by City Departments responsible for their respective areas. Health and safety standards will be monitored and enforced by the City's Police, Fire, and Consumer Health Departments when applicable. B. Staff and program issues will be monitored and enforced by the North Richland Hills Parks and Recreation Department.The NRH Centre Manager shall visit each site on a bi-weekly basis. The Membership Services Supervisor is responsible for visually checking the camp activities on a daily basis. When not available, another full-time staff person is responsible for that check. C. Monthly reporting by the Membership Services Supervisor to the NRH Centre Manager will include a review of adherence to the Standards of Care as well as operational summaries of the programming month. For further information regarding the Youth Program Standards of Care or any other information about the youth programs offered through the City of North Richland Hills Parks and Recreation Department please contact the NRH Centre Manager or Membership Services Supervisor at 817-427-6600 or email NRHPARD@nrhtx.com. XI. Addendum Due to the impact of COVID-19 and recommendations by the Centers for Disease Control, the following updates will be made to Day Camp: • Activities will be based at the NRH Centre, indoor and outdoor, with trips to parks/trails within walking distance/safe range of the facility • Updated Check In and Check Out Procedures to accommodate employee and camper health check screening upon arrival at the NRH Centre and social distancing recommendations • Camper group ratios have been updated to have no more than 10 individuals, including staff members. Same staff and campers will remain as a group throughout the summer. • Games and activities will be developed with social distancing recommendations in place • Lunch and snack adjustments have been made to meet CDC guidelines • No field trips outside the NRH Centre that require use of vans and/or buses • Sanitization of areas will be completed based on CDC guidelines • Parent meeting will be completed virtually • The majority of camp staff training will be virtual "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: April 12, 2021 Subject: Consider Resolution No. 2021-022, recommending inclusion of designated roadway projects in the 2021 Tarrant County Transportation Bond program Presenter: Caroline Waggoner, Director of Public Works Summary: The City Council is being asked to approve a resolution supporting North Richland Hills inclusion of several designated roadway projects in the 2021 Tarrant County Transportation Bond program, and identifying funding sources to supply the required 50% match. General Description: On January 18, 2021, the Tarrant County Commissioners Court passed the 2021 Transportation Bond Program Policy. It outlines the Program Goals, Structure and Eligibility for the upcoming Tarrant County Bond Election for November 2021. The total program includes $400M funding from Tarrant County, but the initial call for projects for the 50% match will be $200M. The funding structure for the program is as follows: • Call for Projects - 50% Match ($200M) • Discretionary - Each Commissioner will have $15M to spend at his or her discretion ($75M total) • Countywide Initiatives and Partnerships - Projects selected by the Commissioners Court for projects providing multi jurisdictional benefits ($125M). These projects expand the project types as well, see the document attached. Some additional notes related to the call for projects: • Priority will be given to shovel ready projects, which are defined as projects that are fully funded and can begin construction within 5 years of the date of the bond election is approved by voters. • Project costs incurred prior to the date of the bond election will not be reimbursable or count towards the City's match. • Reimbursement will be for transportation related improvements, to include utilities replaced with the street. Additional features like landscaping and lighting are not reimbursable. "I r*4W NOLa`C`H KIC"HLAND HILLS City staff has compiled a list of nine (9) candidates for consideration as part of the initial $200M call for projects. Three of the nine projects are already funded as part of the City's 2020 Street Bond Program. In addition to each of the nine projects being worthy candidates on their own, city staff is also working with adjacent communities (Keller, Hurst, Richland Hills and Haltom City) to coordinate submittals in cases where roadways cross multiple jurisdictions, and can be considered regionally significant if projects are aggregated. In the case of Shady Grove Road, this would mean a cost- share with the City of Keller, while the other projects (Glenview and Harwood) would simply be coordinated as multi jurisdictional, and the City will not provide any matching funds for those projects. Tarrant County will select submitted projects to include in the bond program at its discretion. The City of North Richland Hills will fund the cost of the balance of each selected project from the city's approved bond funds and other available capital funds, which such funding sources will be specifically identified prior to submission of the application. Project Estimate Tarrant County NRH Share Keller Share Share Glenview Drive (East) $ 3,850,000 $ 1,925,000 $ 1,925,000 Glenview Drive (West) $ 4,150,000 $ 2,075,000 $ 2,075,000 Bedford Euless Road $ 3,890,000 $ 1,945,000 $ 1,945,000 Iron Horse Blvd. (820 - Browning) $ 7,410,000 $ 3,705,000 $ 3,705,000 Iron Horse Blvd. (Browning -Rufe Snow) $ 4,230,000 $ 2,115,000 $ 2,115,000 Shady Grove Road $ 6,680,000 $ 3,340,000 $ 1,820,000 $ 1,520,000 Smithfield Road $ 6,045,000 $ 3,022,500 $ 3,022,500 Hightower Drive $ 10,610,000 $ 5,305,000 $ 5,305,000 Harwood Road $ 7,430,000 $ 3,715,000 $ 3,715,000 $ 54,295,000 $ 27,147,500 $ 25,627,500 $ 27,147,500 *for Bond Application Recommendation: Approve Resolution No. 2021-022, recommending the inclusion of designated North Richland Hills roadway projects in the Tarrant County 2021 Transportation Bond program. RESOLUTION NO. 2021-022 A RESOLUTION SUPPORTING INCLUSION OF DESIGNATED NORTH RICHLAND HILLS ROADWAY PROJECTS IN THE TARRANT COUNTY TRANSPORTATION BOND PROGRAM AND IDENTIFYING FUNDING SOURCES TO MATCH FUNDS INCLUDED IN SUCH BOND PROGRAM WHEREAS, Tarrant County Commissioner's Court is currently contemplating the inclusion of a portion of the cost of local projects in the Tarrant County Transportation Bond Program contingent upon identification of funding sources for the remainder of the cost of each such project; and, WHEREAS, the City Council of the City of North Richland Hills desires to have several of its transportation projects considered for funding in the Tarrant County Transportation Bond Program; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the City of North Richland Hills hereby requests and supports the inclusion of funding for roadway projects identified in Exhibit A attached hereto in the Tarrant County Transportation Bond Program, with the understanding that such funding will not exceed 50% of the cost of each such project selected. Section 2: The City of North Richland Hills agrees to fund the cost of the balance of each such selected project from the city's approved bond funds and other available capital funds. Section 3. The City supports the multi-jurisdictional projects identified in the attached Exhibit B; however, except as indicated in the Exhibit, the City will not provide any matching funds for those projects. AND IT IS SO RESOLVED. PASSED AND APPROVED on this 12t" day of April, 2021. CITY OF NORTH RICHLAND HILLS Resolution No. 2021-022 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Caroline Waggoner, Director of Public Works Resolution No. 2021-022 Exhibit A Project Estimate Tarrant County NRH Share Keller Share Share Glenview Drive(East) $ 3,850,000 $ 1,925,000 $ 1,925,000 Glenview Drive(West) $ 4,150,000 $ 2,075,000 $ 2,075,000 Bedford Euless Road $ 3,890,000 $ 1,945,000 $ 1,945,000 Iron Horse Blvd. (820 - Browning) $ 7,410,000 $ 3,705,000 $ 3,705,000 Iron Horse Blvd. (Browning -Rufe Snow) $ 4,230,000 $ 2,115,000 $ 2,115,000 Shady Grove Road $ 6,680,000 $ 3,340,000 $ 1,820,000 $ 1,520,000 Smithfield Road $ 6,045,000 $ 3,022,500 $ 3,022,500 Hightower Drive $ 10,610,000 $ 5,305,000 $ 5,305,000 Harwood Road $ 7,430,000 $ 3,715,000 $ 3,715,000 $ 54,295,000 $ 27,147,500 $ 25,627,500 $ 27,147,500 *for Bond Application Resolution No. 2021-022 Exhibit B Multi-Jurisdictional Projects Neighboring City projects that impact North Richland Hills are listed below. The City of North Richland Hills supports these multi jurisdictional projects; however, the City is not a funding partner or participant in their design or construction, with the exception of the Shady Grove project as indicated below. Richland Hills Glenview Drive (Loop 820 to SH 26) Haltom City Glenview Drive (NRH City Limit to US 377) Keller Shady Grove (Keller-Smithfield Road to Smithfield Road) * The City of North Richland Hills will share in the cost of the Shady Grove project by contributing $1,520,000 Hurst Harwood Road (NRH City Limit to Precinct Line Road) Resolution No. 2021-022 mmmlmmmmuMoo 00000000000 k4Ft6 11EE IM ? 2021 Tarrant County Bond �))1I)�1I111P -L .i aIINl7Y'OAK )1 Inr ) NRH Project Candidates 1u01t,11)I1/1ua1�I Li ,�`� � i i Illr)tAI�WVJAL VOI,I II IRnUI,,/,VI n V1V�I I,IT'N�7alr.d I Vr cllww" r nr �,n �LI�7r'�I;°Ilnry/raT a (A A'+I III I All ZI MIN11I e7 rY,�, Iin I) a I� r 'I,IIt`,I Y T "� � in h�Cll IIV( RJDOp 1/VC, VIIUI Y,?1 VI) -IVClliln"II II L D - �t7n1 b4V1 I� ijIj N I`oI L. — — CIJ I IU V/V I Y I-II OIN Ial{I IVIIttiI .T a VYI I �; tlUI GII N �I)1 1v u/1v Ir�Ieh' 1 1 V1ru 1 n �IAI NI I �C�1dUC.V" � 1nu/11 tall A� , ri gyp- f� it/a A. ra �"•;� _ �� � ��IAIFUip I,n1 �YY(�.I � IYU'> I ill 1171 JIIUI I. i) BIRIAIwvOm )) -,I �� YII NII'I I>//1V II:,I - ' KING - Ol)I I I unr/1v+I1 E 1v/nagl�lr„L!Ir �s �. ��,, IIIII , 1 [�ficI d Y �U7 hG11VUY -q VVI�V:+I(d,n( � 1 , IC, ) (.I VOI HMAN a1II111I�W1u11 I), QY II, ,y �f I AAA I,, U, � � VIAI I IN + - (VW0I IVVl1 _ V1141`! 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Vf IJVII IE!\ /ICMI91lI t`,� �uv ii •�, �T Ij %�)1,V6lT'IIR>AI;CIIf 1VI11r,1 nn/l IVt1U,1,1'v11; y, lv4i lu"1/if �1 1;�A1,�\lu 0 n11 'Y °v�lE'1AV Dr gip, I n Wesa VV9/�) 1v'v11))I mu n, L:I I IVUIL'IV,,, HARIVIONI'a4 Glenview Dr NI111I I t11111 1 y, ONYX Easl u NNII' 1LHIr",1I I GAT 4+ (jIVY� .... > M R4l1f1 R F +J ,T CtVM�h�. � IIgI J,I',WIYf Y/ayL "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 12, 2021 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events and recognizes an employee who exemplifies our core values. Announcements: Early voting for the May 1 City Council Election begins next Monday, April 19 and continues through April 27. Registered voters may vote early at the NRH Library, Dan Echols Center or any of the other early voting locations in Tarrant County. You can find early voting hours and a sample ballot on the city's website, or contact the City Secretary's Office for more information. The annual Spring Community Cleanup scheduled for April 24, 2021 at Tarrant County College Northeast Campus has been postponed. Details on the new date and time will be shared as they become available. Please contact the Neighborhood Services Department with any questions. Don't forget, all adults are now eligible to receive a COVID-19 vaccine in Texas. You can sign up to receive the vaccine at www.tarrantcounty.com/covidvaccine. North Richland Hills city employees continue to assist in administering the vaccine at the Hurst vaccination site. They recently surpassed 100,000 vaccinations given at that location. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Trish Watson in Neighborhood Services — A swimming pool contractor contacted us to share his appreciation for Trish, who had assisted him during the pool permit and inspection process. "She is very professional and nice. I wish the staff in every city we work with was like that," he said.