HomeMy WebLinkAboutCC 2022-01-24 Agendas NORTH RICHLAND HILLS
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
MONDAY, JANUARY 24, 2022
WORK SESSION: 6:00 PM
Held in the Council Chamber
CALL TO ORDER
1 Discuss items from regular City Council meeting..,
2. Introductions es.
3. Discuss parking restrictions on Bob Drive.
EXECUTIVE SESSION
The City Council may enter into closed Executive Session as authorized by
Chapter 551, Texas Government Code. Executive Session may be held at the
end of the Regular Session or at any time during the meeting that a need
arises for the City Council to seek advice from the city attorney (551.071) as
to the posted subject matter of this City Council meeting.
The City Council may confer privately with its attorney to seek legal advice on
any matter listed on the agenda or on any matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter
551, Texas Government Code.
REGULAR MEETING: Immediately following executive session (but no
earlier than 7:00 p.m.)
Held in the City Hall Council Chamber
Monday, January 24, 2022 City Council Agenda
Page 1 of 5
A. CALL TO ORDER
A.1 INVOCATION - COUNCIL MEMBER FARAM
A.2 PLEDGE - COUNCIL MEMBER FARAM
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 JanuaEl 10, 2022 regular City Council meeting.
B.2 Authorize purchase of books and library materials from Baker and
Taylor, LLC through Texas Comptroller of Public Accounts Texas Smart
Buy Contract No. 715-M2 in the amount not to exceed the budgeted
amount o 5a,aaa.
B.3 Authorize the City Manager to execute a contract amendment for the
purchase of additional Microsoft volume licensing from S I Government
Solutions, Inc. in the amount o 53,3 1,1 , utilizing Department o
Information Resources Cooperative Agreement DIR-TSO-4092 for a
total contract amount not to exceed 66 364. 3.
Monday, January 24, 2022 City Council Agenda
Page 2 of 5
B.4 Authorize the purcha e of the Eventide Recording Software and
Hardware from VistaCOM for use in the City all Dispatch Center and
the Disaster Recovery ispat0h Site through Hou ton-Galveston Area
Council Buy Contract RP07-20 in the amount of $80,903.00 utilizing
ARPA funding,
B-5 Consider Resolution No. 2022:003, Authorizing. submission of the
application and acceptance o allocated funds if awarded for the Texas
Governor's Public Safety Office FY23 Violence Against Women Justice,
and Training Program, Grant #3367206.
B-6 Consider Resolution No. 2022-004, authorizing submission ofthe grant
application and acceptance o allocated funds if awarded for the Office
of the Governor's Public_ Safety Office FY23 General Victim Assistance
Grant Program, Grant #3 44404.
B-7 Consider Resolution No. 2022-005 authorizing submission ofthe grant
application and acceptance o allocated funds if awarded for the Office
of the Governor's Criminal Justice Division Edward_ Byrne Memorial,
Justice Assistance Grant Program F 2023.
B-8 Consider Resolution No. 2022-006, authorizing submission ofthe grant
application and acceptance of funds if awarded for the Q2 2022
Firehouse Subs Public Safety Foundation Grant for an EMgLgency
Medical ServiggLLEMSjcart.
C. PUBLIC HEARINGS
C-1 ZC21-0013, Ordinance No. 3728,. Public hearing and consideration of a
request from Weby Corp to revise the NR-PD (Nonresidential Planned
Development) for GritrSports at 7901 Boulevard 26, 2 being acres
described as Lot 1 Block 1 Venture Addition.
C.2 Second PublL_Hgaring on the Juvenile Curfew Ordinance and Approve
Ordinance No. 3726
D. PLANNING AND DEVELOPMENT
E. PUBLIC WORKS
F. GENERAL ITEMS
Monday, January 24, 2022 City Council Agenda
Page 3 of 5
F-1 Consider Resolution No. 2022-007, relating to City Point Public
Improvement District Improvement Zone B ProiecLpLgvidiing for the
redemption certain outstanding obligations of the City of North
Richland Hills, Texas- and resolving other matters incident and related
to the redemption of such obligations.
F-2 Authorize the City Manager negotiatetoand execute a management
aqreement with Kemper Sports Management, Inc. for management
services at Iron Horse Golf Course.
F-3 Consider Resolution No. 2022-008 authorizing submission ofthe grant
application for the FY2021 Stafftg For Adequate Fire and _Emergency
Response (SAFER) Grant for cost of sgiary and benefits for three
additional firefighter positions for three
F-4 Consider and approve Resolution No. 2022-009, calling the May 7,
2022 City Council Election and authorizing the Mayor to execute a joint
election agreement with Tarrant County and other political subdivisions
for election services.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION
ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON
WORK SESSION AGENDA
H. INFORMATION AND REPORTS - DEPUTY MAYOR PRO TEM
COMPTON
H.1 Announcements
I. ADJOURNMENT
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills
City Council was posted at City Hall, City of North Richland Hills, Texas in
compliance with Chapter 551, Texas Government Code on Friday, January
21, 2022 by 3:00 PM.
Alicia Richardson
City Secretary/Chief Governance Officer
Monday, January 24, 2022 City Council Agenda
Page 4 of 5
This facility is wheelchair accessible and accessible parking spaces
are available. Requests for accommodations or interpretive services
must be made 48 hours prior to this meeting. Please contact the City
Secretary's office at 817-427-6060 for further information.
Monday, January 24, 2022 City Council Agenda
Page 5 of 5
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NOLa`C`H KIC"HLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 17, 2022
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: January 24, 2022
SUBJECT: Introductions of Kemper Sports Management Inc. Executives and
General Managers
PRESENTER: Paulette Hartman, Deputy City Manager
GENERAL DESCRIPTION:
The purpose of this work session item is to introduce, in-person, the executive team and
additional local general managers from Kemper Sports Management, Inc.
The executive team has been involved from the initial RFP proposal, interview, and
throughout the selection process.
The entire Kemper team is highly motivated and committed to a smooth transition.
Kemper has started that process with both city staff and the current Iron Horse
management firm.
Staff is pleased to introduce:
Val D'Souza —Vice President of Operations
Brad Dutler - General Manager Buffalo Creek Golf Club
Ehren Guntert - General Manager Timberlinks Golf Club
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: Public Works DATE: January 24, 2022
SUBJECT: Discussion of parking restrictions on Bob Drive
PRESENTER: Caroline Waggoner, Director of Public Works
SUMMARY:
Public Works staff will make a presentation on the current parking restrictions present on
Bob Drive.
GENERAL DESCRIPTION:
City staff has seen an increase in complaints and requests for enforcement action on Bob
Drive adjacent to the Fleetwood Apartments. The complex has street frontage on three
sides, but no available on-street parking for residents or their guests.
Discussions among impacted city departments (Public Works, Police, Planning, and
Neighborhood Services) indicate support for reconsideration of the parking restrictions on
Bob Drive immediately east of the multi-family property. If on-street parking were to be
allowed, it would be on the west side of Bob Drive only to allow two-way traffic to continue
unimpeded.
Staff is seeking direction from Council on whether to consider lifting restrictions on a
portion of Bob Drive adjacent to the multi-family development.
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NOLa`C`H KIC"HLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Approve minutes of the January 10, 2022 regular City Council
meeting.
PRESENTER: Alicia Richardson, City Secretary
SUMMARY:
The minutes are listed on the consent agenda and approved by majority vote of Council
at the City Council meetings.
GENERAL DESCRIPTION:
The City Secretary's Office prepares action minutes for each City Council meeting. The
minutes for the previous meeting are placed on the consent agenda for review and
approval by the City Council, which contributes to a time efficient meeting. Upon
approval of the minutes, an electronic copy will be uploaded to the City's website.
RECOMMENDATION:
Approve the minutes of the January 10, 2022 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
JANUARY 10, 2022
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
10th day of January at 6.00 p.m. in the City Council Workroom prior to the 7.00 p.m.
regular City Council meeting.
Present: Oscar Trevino Mayor
Tito Rodriguez Place 1
Rita Wright Oujesky Associate Mayor Pro Tem, Place 2
Suzy Compton Deputy Mayor Pro Tem, Place 3
Mason Orr Mayor Pro Tem, Place 4
Scott Turnage Place 6
Absent: Patrick Faram Place 5
Kelvin Deupree Place 7
Staff Members: Mark Hindman City Manager
Paulette Hartman Deputy City Manager
Karen Manila Assistant City Manager
Jimmy Perdue Director of Public Safety
Alicia Richardson City Secretary
Maleshia B. McGinnis City Attorney
CALL TO ORDER
Mayor Trevino called the meeting to order at 6.41 p.m.
1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING.
City Council had no questions for staff.
2. 2021 CITIZEN SURVEY REPORT
Public Information Officer Mary Peters informed City Council that since 2005, the city
has conducted a comprehensive citizen survey every two years. The city collaborates
with National Service Research in Fort Worth to conduct the citizen survey. Ms. Andrea
Thomas with National Service Research will review the results of the survey.
January 10, 2022
City Council Meeting Minutes
Page 1 of 13
Ms. Thomas informed Council the objectives included: identifying key measures of
quality of life; satisfaction with city services (quality vs. importance); assess experience
with city communication tools; identify and prioritize city resource allocation, budgeting
and policy decisions; and identify where to maintain and improve city services. The
survey was mailed to 8,000 residents, and they had the option to complete the survey
online or return the form. The city received 422 responses through the mail and 859
responses through the online survey. The survey was communicated with the residents
through press release, social media, utility bills, email, e-newsletters and the city's
website. The number of responses is slightly less than the previous survey. Ms. Thomas
reviewed the demographics of the respondents.
Quality of Life - a majority of respondents rated the overall quality of life in North
Richland Hills as excellent or good. Respondents rated the following: overall quality of life
in North Richland Hills (94%, same as 2019 survey), place to raise children (91%,
compared to 94% from 2019 survey); feeling of safety in your neighborhood (84%7
compared to 86% from 2019 survey); place to retire (75%, compared to 79% from 2019
survey); overall appearance of city (74%, compared to 78% from 2019 survey); place to
work (72%, compared to 70% from 2019 survey); sense of community (66%, compared
to 70% from 2019 survey); and overall quality of services versus taxes paid (62%,
compared to 65% from 2019 survey).
City Employees and Service - almost half of the respondents (44%) contacted the city
within the past 12 months. Of those who contacted the city, the most frequently called
departments included: public works (23%); police (22%; code compliance (20%);
water/utiity billing (16%); inspections/permits (10%); and animal control (10%). Of those
respondents that contacted a department 91% said the person or department was very or
somewhat courteous and helpful.
City Service Priorities - respondents were asked to rank the importance and quality of
certain city services. The following services have the largest gaps between high
importance and lower quality.
* Maintenance of residential streets in your neighborhood ranked 99% important and
50% were pleased with the quality of this service.
* Maintenance of the City's major streets ranked 99% important and 64% were pleased
with the quality of this service.
* Traffic signal timing ranked 94% important and 59% were pleased with the quality of
this service.
* Management of traffic flow ranked 96% and 62% were pleased with the quality of this
service.
* Code enforcement ranked 91% important and 65% were pleased with the quality of this
January 10, 2022
City Council Meeting Minutes
Page 2 of 13
service.
* Maintenance of landscaped medians and right of ways ranked 86% important and 75%
were pleased with the quality of this service.
* Water service ranked 99% important and 88% were pleased with the quality of this
service.
The following services have the smallest gaps between high importance and high quality.
* Garbage collection ranked 99% important and 89% were pleased with the quality of
service.
* Police department ranked 98% important and 91% were pleased with the quality of
service.
* Ambulance services ranked 99% important and 95% were pleased with the quality of
service.
* Parks, trails and open spaces ranked 94% important and 91% were pleased with the
quality of service.
* Recycling collection ranked 94% important and 91% were pleased with the quality of
service.
* Fire department ranked 99% important and 98% were pleased with the quality of
service.
The following services meet or exceed the importance rating by the respondents.
* Special events ranked 73% important and 87% were pleased with the quality of service.
* Library services ranked 88% important and 95% were pleased with the quality of the
service.
* Recreation programs and services ranked 82% important and 87% were pleased with
the quality of service.
Preferred Communication - respondents prefer email/e-newsletters with 41%; printed
newsletters with 37%; water bill inserts with 36%; social media with 34% and text
message notifications with 27%. The survey indicates that 84% of respondents get
enough information about city programs and services. Those who do not get enough
information prefer more frequent updates on special events, recreation programs,
services, elections, and capital improvement projects/proposed development.
Streets / Intersections - respondents were asked to identify the top three streets in
need of repair or repaving. The results show Iron Horse with 14%, Glenview with 13%,
and Bedford-Euless Road with 11%.
In response to the survey, respondents identified the intersections of Davis Boulevard
and Main Street (13%), Davis Boulevard and other intersections (10%), Davis Boulevard
and Mid-Cities (10%), and Davis Boulevard and Highway 26 (7%) where they spend too
much time due to traffic congestion or traffic signal timing.
January 10, 2022
City Council Meeting Minutes
Page 3 of 13
Economic Development - respondents were asked to identify type of businesses they
would like to see more of in their area of the city. The top three results show full
service/sit down restaurants with 56%, movie theater with 29%, recreation/entertainment
with 28%, grocery stores with 23%, and clothing stores with 25%.
Ms. Thomas provided an overview of how North Richland Hills compared to other cities
(Southlake, Colleyville, Farmers Branch, Flower Mound, Hurst, Lewisville, and Denton) as
well as Texas and the United States (where available). The benchmark data shows that
North Richland Hills ratings are above or equal to peer city ratings for quality of city
services with the exception of street maintenance. The data also shows that North
Richland Hills ratings are above peer city ratings for overall quality of life, as a place to
raise children, as a place to retire, and as a place to work. North Richland Hills scored
below peer city ratings for overall appearance of the City, overall quality of services
versus the taxes paid and feeling of safety in your neighborhood.
Ms. Thomas mentioned that the top candidates for improvement include maintaining
residential streets (gap 49%), maintaining major city streets (gap 35%), traffic signal
timing (gap 35%), management of traffic flow (gap 34%), and code enforcement (gap
26%).
3. DISCUSS MODIFYING LIBRARY OVERDUE FEES.
Director of Library Services Cecilia Barham informed City Council the proposal to move
toward a fine free library is the result of research and discussion among staff and the
Library Board. The fine free service model eliminates the charge/fee for overdue books
and materials. Municipalities that have instituted the program have seen an increase in
overdue books and materials being returned to the library. Mr. Barham shared that over
50% of the libraries in North Richland Hills' benchmark cities have eliminated overdue
fees. The benefits to patrons by eliminating the over due fees includes more equitable
access, enhanced customer service, and more efficient and effective use of staff. If
approved, the NRH Library will implement the following accountability methods - (1)
restrict access to all library services, (2) restrict number of checkouts for new
cardholders and (3) reduced automated billing time from 90 to 30 days for overdue items
deemed as a lost item.
Mayor Trevino announced that the City received a request from Jen Tocci to address
City Council for public comments on this item.
Ms. Jen Tocci, 7813 Harwood Road, North Richland Hills spoke in favor of the item.
There were no objections from City Council.
January 10, 2022
City Council Meeting Minutes
Page 4 of 13
4. DISCUSS INCREASE TO NRH2O FAMILY WATER PARK DAY AND GROUP
TICKET PRICING.
Water Park General Manager Frank Perez presented staff's recommendation for NRH2O
2022 ticket pricing and seasonal labor pay plan. Staff's goal is to raise seasonal staff pay
rates to compete with local industry competition, increase the separation between base
and leadership level pay rate and pay for raise increases with day ticket and group ticket
price increases. The recommended day ticket and group ticket increases will yield an
estimated $257,000 in additional revenue for the 2022 season. This will be offset by the
recommended seasonal staff pay raises by $220,000, leaving a residual projected
surplus of$37,000. There were no objections from City Council.
EXECUTIVE SESSION
There being no Executive Session, Mayor Trevino announced at 6.54 p.m. that City
Council would convene to the regular meeting.
REGULAR MEETING
A. CALL TO ORDER
Mayor Trevino called the meeting to order January 10, 2022 at 7.02 p.m.
Present: Oscar Trevino Mayor
Tito Rodriguez Place 1
Rita Wright Oujesky Associate Mayor Pro Tem, Place 2
Suzy Compton Deputy Mayor Pro Tem, Place 3
Mason Orr Mayor Pro Tem, Place 4
Scott Turnage Place 6
Absent: Patrick Faram Place 5
Kelvin Deupree Place 7
Staff Members: Mark Hindman City Manager
Alicia Richardson City Secretary
Maleshia B. McGinnis City Attorney
A.1 INVOCATION
Mayor Pro Tem Orr gave the invocation.
A.2 PLEDGE
Mayor Pro Tem Orr with the assistance of Hunter Bowen with Troop 179 led the Pledge
January 10, 2022
City Council Meeting Minutes
Page 5 of 13
of Allegiance to the United States and Texas flags.
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
A.3.1 2021 UNITED WAY CAMPAIGN PRESENTATION
United Way Chair Elizabeth Copeland shared with City Council the 2021 United Way
Employee Workplace Campaign was a success. She thanked the City Council, directors
and employees of North Richland Hills for their support. Ms. Copeland presented United
Way President and CEO Leah King with a check in the amount of$55,809.
The United Way Committee was comprised of the following employees: Billy Owens;
Paulette Hartman, Soteria French; Victoria Navarro; Pamela Meek; Dustin Orazi; Cheryl
Booth; Rachel Clements; Kathy Corley; Jeff Arnold; Ellen Cooper; Katherine Ratcliff; Kori
Tolfa; la Toyia Williams-Griffin; Brian Thomas; Candice Simmons; Meagan Fendley;
Bryon Bustamante; Sarah Green; Chad VanSteenberg; Cindy Garvin; Lauren Obrien;
Todd Espy; Samantha Gibson; Richard Curtis, Maria Lindsey and Co-Chair Tina Earle
and Former Chair Antonio Evangelista.
A.4 CITIZENS PRESENTATION
Ms. Mary Michaels, 8401 Revenue Way, asked City Council for their assistance to
address high grass and weeds along Davis Boulevard to include the Post Office. She
has tried to contact persons responsible for the tracts of land with no success.
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 MAYOR PRO TEM ORR, SECONDED BY COUNCIL
MEMBER TURNAGE TO APPROVE THE CONSENT AGENDA.
MOTION TO APPROVE CARRIED 5-0.
B.1 APPROVE MINUTES OF THE DECEMBER 13, 2021 REGULAR CITY
COUNCIL MEETING.
January 10, 2022
City Council Meeting Minutes
Page 6 of 13
B.2 MODIFY 2022 CITY COUNCIL MEETING SCHEDULE.
B.3 CONSIDER AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF
NORTH RICHLAND HILLS, HALTOM CITY, WATAUGA AND RICHLAND
HILLS CONTINUING THE PARTNERSHIP FOR THE JOINT CRIME VICTIM
ASSISTANCE PROGRAM.
B.4 AUTHORIZE THE CITY MANAGER TO EXECUTE THE SIXTH AMENDMENT
TO THE TEXAS ANTI-GANG (TAG) CENTER ADMINISTRATOR AGREEMENT
INCREASING THE ANNUAL RATE OF COMPENSATION FOR THE TAG
CENTER ADMINISTRATOR TO $167,257.83.
B.5 AUTHORIZE THE CITY MANAGER TO EXECUTE THE NINTH AMENDMENT
TO THE TEXAS ANTI-GANG (TAG) CENTER ANALYST AGREEMENT
INCREASING THE TOTAL ANNUAL RATE OF COMPENSATION FOR THE
TAG CENTER ANALYST TO $82,079.22.
B.6 CONSIDER RESOLUTION NO. 2022-001, AUTHORIZING SUBMISSION OF
THE GRANT APPLICATION FOR THE 2021 ASSISTANCE TO FIREFIGHTERS
GRANT (AFG) PROGRAM FOR TRAINING PROPS AND EQUIPMENT.
B.7 AUTHORIZE THE CITY MANAGER TO EXECUTE AN ANNUAL CONTRACT
WITH COMPLETE SUPPLY, INC., FOR CUSTODIAL SUPPLIES AND
EQUIPMENT THROUGH BUYBOARD CONTRACT NUMBER 649-21, FOR AN
ANNUAL AMOUNT NOT TO EXCEED $125,000.
C. PUBLIC HEARINGS
CA SUP 2021-08, ORDINANCE NO. 3723, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM JONES CARTER FOR A SPECIAL
USE PERMIT FOR A DRIVE THROUGH BUILDING LESS THAN 1,400
SQUARE FEET IN SIZE AT 8900 NORTH TARRANT PARKWAY, BEING 1.04
ACRES DESCRIBED AS LOT 6R, BLOCK 4, BRENTWOOD ESTATES
ADDITION.
APPROVED
Mayor Trevino opened the public hearing and called on Director of Planning Clayton
Comstock to introduce the item.
Mr. Comstock informed City Council the applicant is requesting a special use permit for
1.04 acres located at 8900 North Tarrant Parkway for the purpose of constructing a
double lane drive through building for Salad and Go. The area is designated on the
Comprehensive Land Use Plan as retail commercial and the current zoning is C-1
January 10, 2022
City Council Meeting Minutes
Page 7 of 13
commercial. Mr. Comstock provided site photos of the property.
Applicant David Grates, a member of the real estate team for Salad and Go, informed
City Council that Salad and Go is a healthy quick service drive through only restaurant.
Mr. Grates shared that there will be no inside dining. Salad and Go is moving into the
Texas market and they are from Phoenix, Arizona.
Mr. Comstock presented staff's report. The request is for the construction of a 734
square foot building, 6 parking spots on site, 20 stacking spaces for the drive-through
lanes and driveway access from Davis Boulevard. The site will continue to have cross
access to adjacent properties (Sonic and Pet Supplies). The landscape plan includes
the existing 15-foot landscape setbacks on Davis Boulevard and North Tarrant Parkway.
The landscape materials includes 9 new trees, 6 existing trees and 202 shrubs and
ornamental grasses. The Development Review Committee comments includes the
underutilization of the site as there is room for additional commercial building without
negatively affecting the Salad and Go building or traffic circulation and concern for
long-term maintenance of landscaping. The conditions of the special use permit include
the site development and building design as presented by staff and that the special use
permit expires in three (3) years from approval and that the business may continue to
operate indefinitely after expiration and considered a legal nonconforming use. The
Planning and Zoning Commission, at their December 2, 2021 meeting, recommended
approval with a vote of 6-0.
Mayor Trevino asked the City Secretary to call on those who completed a public meeting
appearance form to speak during the public hearing. There being no forms submitted,
Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to
come forward. There being no one wishing to speak, Mayor Trevino closed the public
hearing.
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY
ASSOCIATE MAYOR PRO TEM WRIGHT OUJESKY TO APPROVE SUP 2021-08,
ORDINANCE NO. 3723.
MOTION TO APPROVE CARRIED 5-0.
C.2 ZC 2021-03, ORDINANCE NO. 3724, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM ANA CONSULTANTS LLC FOR A
ZONING CHANGE FROM C-2 (COMMERCIAL) TO RI-PD (RESIDENTIAL
INFILL PLANNED DEVELOPMENT) AT 7704 DAVIS BOULEVARD, BEING
3.353 ACRES DESCRIBED AS LOT 12, BLOCK 2, ST JOSEPH ESTATES.
APPROVED
January 10, 2022
City Council Meeting Minutes
Page 8 of 13
Mayor Trevino opened the public hearing and called on Director of Planning Clayton
Comstock to introduce the item.
Mr. Comstock informed City Council the applicant is requesting a zoning change for
3.353 acres located at 7704 Davis Boulevard. The area is designated on the
Comprehensive Land Use Plan as office commercial and the current zoning is C-2
commercial. Mr. Comstock provided site photos of the property.
Applicant representative Osama Nashed with ANA Consultants located at 5000 Thompson
Terrace, Colleyville shared with City Council that he worked with Texas Department of
Transportation ("TxDOT") for six months to secure a right-in/right-out on Davis Boulevard.
Mr. Comstock presented staff's report. The proposed development includes 12
single-family lots, entry open space adjacent to Liberty Village's open space and an open
space on the south side of the street, masonry fence on open space lot 1X, decorative
fencing on open space lot 14x, street trees and decorative elements such as crosswalks,
light poles and cluster mailboxes. The Planning and Zoning Commission, at their
December 2, 2021 meeting, recommended approval with a vote of 6-0.
Council member Turnage asked staff if they have an idea when TxDOT would construct
the median on Davis Boulevard.
Director of Public Works Caroline Waggoner informed City Council that TxDOT has
mentioned funding for the project would be in 2025.
Council member Turnage asked staff if the city can enforce the right-in/right-out onto
Davis Boulevard.
Director of Public Safety Jimmy Perdue informed City Council they can approve an
ordinance to enforce the right-in/right-out.
Mayor Trevino asked the City Secretary to call on those who completed a public meeting
appearance form to speak during the public hearing. Ms. Mary Michaels, 8401 Revenue
Way, spoke in favor of the item.
There being no one else wishing to speak, Mayor Trevino closed the public hearing.
A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY DEPUTY
MAYOR PRO TEM COMPTON TO APPROVE ORDINANCE NO. 3724.
MOTION TO APPROVE CARRIED 5-0.
January 10, 2022
City Council Meeting Minutes
Page 9 of 13
C.3 PUBLIC HEARING AND ADOPTION OF ORDINANCE NO. 3725, AMENDING
CHAPTER 110, ARTICLE XIX, IMPACT FEES, APPENDIX A, FEE SCHEDULE
OF THE CODE OF ORDINANCES TO REFLECT THE REVISED CITY OF
FORT WORTH IMPACT FEES.
APPROVED
Mayor Trevino opened the public hearing and called on Director of Public Works
Caroline Waggoner to introduce the item.
Ms. Waggoner informed City Council the item before them this evening is to amend the
impact fee schedule to reflect the new impact fees adopted by the City of Fort Worth.
All wholesale customers including North Richland Hills must comply with the Wholesale
Agreement that requires Fort Worth impact fees be charged and collected for every new
water meter installed in North Richland Hills. The Fort Worth impact fee is in addition to
the North Richland Hills impact fee.
Mayor Trevino asked the City Secretary to call on those who completed a public meeting
appearance form to speak during the public hearing. There being no forms submitted,
Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to
come forward. There being no one wishing to speak, Mayor Trevino closed the public
hearing.
A MOTION WAS MADE BY MAYOR PRO TEM ORR, SECONDED BY ASSOCIATE
MAYOR PRO TEM WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3725.
MOTION TO APPROVE CARRIED 5-0.
CA FIRST READING AND PUBLIC HEARING ON THE JUVENILE CURFEW
ORDINANCE - ORDINANCE NO. 3726.
APPROVED
Mayor Trevino opened the public hearing and called on Director of Public Safety Jimmy
Perdue to introduce the item.
Mr. Perdue informed City Council the item before them this evening is an ordinance to
continue the juvenile curfew ordinance. The City Council, at its July 11, 1994 meeting,
adopted the juvenile curfew ordinance. Pursuant to Section 370.002, Local Government
Code, a municipality shall review the ordinance, conduct public hearings and abolish,
continue or modify the ordinance. This is required before the third anniversary of the
date the ordinance was adopted by City Council. Mr. Perdue commented that the police
department recommends the continuation of the juvenile curfew ordinance. Tonight is the
first of two public hearings and following the public hearing, staff recommends the public
January 10, 2022
City Council Meeting Minutes
Page 10 of 13
hearing be closed and continue the item for the second reading and public hearing to
January 24, 2022.
Mayor Trevino asked the City Secretary to call on those who completed a public meeting
appearance form to speak during the public hearing. There being no forms submitted,
Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to
come forward. There being no one wishing to speak, Mayor Trevino closed the public
hearing.
A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM WRIGHT OUJESKY,
SECONDED BY COUNCIL MEMBER RODRIGUEZ TO CLOSE THE PUBLIC HEARING ON
THE JUVENILE CURFEW ORDINANCE AND CONTINUE THE ITEM FOR THE SECOND
READING AND PUBLIC HEARING ON JANUARY 24, 2022.
MOTION TO APPROVE CARRIED 5-0.
C.5 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE NO. 3727
ADOPTING NORTH RICHLAND HILLS YOUTH PROGRAMS STANDARDS OF
CARE.
APPROVED
Mayor Trevino opened the public hearing and called on NRH Centre Member Services
Supervisor Ron Newman to present the item.
Mr. Newman informed City Council the youth programs standards of care are a
requirement of the Texas Department of Family and Protective Services for exempt status
for day care licensing. To receive exempt status a municipality must submit a copy of
the program standards of care, a notice of a public hearing for the program and a copy
of the ordinance adopting the standards.
Mayor Trevino asked the City Secretary to call on those who completed a public meeting
appearance form to speak during the public hearing. There being no forms submitted,
Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to
come forward. There being no one wishing to speak, Mayor Trevino closed the public
hearing.
A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, TO APPROVE
ORDINANCE NO. 3727.
MOTION TO APPROVE CARRIED 5-0.
January 10, 2022
City Council Meeting Minutes
Page 11 of 13
D. PLANNING AND DEVELOPMENT
There were no items for this category.
E. PUBLIC WORKS
There were no items for this category.
F. GENERAL ITEMS
FA CONSIDER RESOLUTION NO. 2022-002, APPOINTING MEMBERS TO THE
PARKS AND RECREATION ADVISORY BOARD.
APPROVED
City Secretary/Chief Governance Officer Alicia Richardsoninformed City Council the
item before them this evening is to approve a resolution appointing Brad Evans to Place 6
and Russ Murdock to alternate as recommended by Council member Turnage and Mayor
Trevino, respectively. Mr. Evans is the current alternate on the Parks and Recreation
Advisory Board and his appointment to Place 6 creates a vacancy.
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY MAYOR
PRO TEM ORR TO APPROVE RESOLUTION NO. 2022-002.
MOTION TO APPROVE CARRIED 5-0.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION
AGENDA
Mayor Trevino announced that City Council did not convene into Executive Session.
H. INFORMATION AND REPORTS
H.1 ANNOUNCEMENTS
Associate Mayor Pro Tern Wright Oujesky made the following announcements.
Registration is open for the next Citizens Police Academy. Classes will be held on
Thursday evenings from February 3 through May 5. You can find more information and
register online at www.nrhtx.com/cpa.
City Hall and other non-emergency city offices will be closed next Monday, January 17,
in observance of the Martin Luther King, Jr. holiday. The Library, Animal Adoption &
January 10, 2022
City Council Meeting Minutes
Page 12 of 13
Rescue Center and Senior Center will also be closed. The NRH Centre and Iron Horse
Golf Course will be open. Garbage and recycling will be collected as normally scheduled.
Kudos Korner - Rebecca Vinson and staff, Municipal Court - An attorney recently
emailed stating, "Your Court is the most efficient I've been to in a very long time." She
appreciates their efforts to streamline the docket and be respectful of everyone's time.
Associate Mayor Pro Tern Wright Oujesky also congratulated city departments that
received accreditations and awards in 2021.
I. ADJOURNMENT
Mayor Trevino adjourned the meeting at 8.05 p.m.
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
January 10, 2022
City Council Meeting Minutes
Page 13 of 13
MEL
" H
'IM ffl%th,
O&TH KICMHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 10, 2022
SUBJECT: Authorize purchase of books and library materials from Baker and
Taylor, LLC through Texas Comptroller of Public Accounts Texas
Smart Buy Contract No. 715-M2 in the amount not to exceed the
budgeted amount of$250,000.
PRESENTER: Cecilia Barham, Director of Library Services
SUMMARY:
This item is to authorize one time as well as cumulative payments to Baker and Taylor,
LLC for purchases that exceed the $50,000 purchasing threshold for regularly budgeted
purchases of books and library materials.
GENERAL DESCRIPTION:
The North Richland Hills Library uses Baker and Taylor, LLC for the purchase of books
and related library materials in a variety of formats for the library's circulating collection.
The library has used Baker and Taylor for the purchase of books for the past eight years.
By participating in the Texas Smart Buy program, the city is meeting all state competitive
bidding requirements for this purchase. As part of the FY21-22 budget process, City
Council approved the funding for the purchase of books and related materials for the
library's circulating collection.
The library makes monthly purchases from Baker and Taylor using circulation-driven
monthly spending targets in the amount of$18,621.00 per month.
This authorization allows the ongoing purchase for FY22 of these materials through Texas
Smart Buy Contract No. 715-M2.
RECOMMENDATION:
Authorize purchase of books and library materials from Baker and Taylor, LLC through
Texas Comptroller of Public Accounts Texas Smart Buy Contract No. 715-M2 in the
amount not to exceed the budgeted amount of$250,000.
'Ittp://www,complroller.texas.gov/)
Texas Comptroller of Public
Accounts
Glenn Hegar
j
jr
(http://www.b(smartbuy.com)
Bid Postings(http://www.txsmartbuy.com/#esbd) Contracts SPD Applications Help(http://www.txsmartbuy.com/#help)
0 items
Contract Details: # 715-M2
Number 715-M2
Description Publications,Audiovisual Materials, Books, Textbooks, and Ancillary Services
Category Managed
Type Term
Start Date 6/29/2020
End Date 10/31/2022
Purchase Category PCC C
Code(Agencies Only)
Optional Renewal Terms November 1,2022,through October 31, 2023
November 1,2023,through October 31, 2024
Purchase Orders Customers will issue an internal purchase order that references this CPA Contract Number and current item description(s)
and pricing as stated on this contract. The Contractor will not ship any products or provide related services until receipt of a
Purchase Order generated by the State Agency, Higher Education or Cooperative member.
NIGP Code(s) 525-10 525-20
525-40 715-04
715-05 715-10
715-46 715-55
956-10
CPA Contract Questions regarding contract management issues, price changes, amendments or other post-award concerns should be
Management directed to:
SPD Contract Management Office (SCMO)
Texas Comptroller of Public Accounts(CPA)
Phone: (512)463-3034 option 3
Email:spd.cmo@cpa.texas.gov(mailto:spd.cmo@cpa.texas.gov)
Contract Items and Customers should contact the applicable company representative in order to set up an account.
Pricing
715-M2 Baker&Taylor, LLC Price Sheet(http://www.b(smartbuy.com/SSP%20Applications/NetSuite%201nc.%20-
%20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715-
M2%20 B&T%20TS B%20Co ntract%201te m%20 Listi ng.pdf)
715-M2 Brodart Co. Price Sheet(http://www.b(smartbuy.com/SSP%20Applications/NetSuite%201nc.%20-
%20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715-
M2%20Brodart%20TSB%20Contract%201tem%20Listing.pdf)
715-M2 Yankee Book Peddler, Inc.dba GOBI Library Solutions from EBSCO Price Sheet
(http://www.b(smartbuy.com/SSP%20Applications/NetSuite%201 nc.%20-
%20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715-
M2%20GOB I%20Library%20Solutions%20from%20EBSCO%20TSB%20Contract%201tem%20Listing.pdf)
715-M2 Ingram Library Services LLC Price Sheet(http://www.t(smartbuy.com/SSP%20Applications/NetSuite%201nc.%20-
%20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715-
M2%20Ingram%20TS B%20Contract%20 Item%20Listing.pdf)
715-M2 Midwest Library Service, Inc. Price Sheet(http://www.t(smartbuy.com/SSP%20Applications/NetSuite%201nc.%20-
%20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715-
M2%20Midwest%20Library%20Service%20TSB%20Contract%201tem%20Listing.pdf)
715-M2 Midwest Tape, LLC Price Sheet(http://www.b(smartbuy.com/SSP%20Applications/NetSuite%201nc.%20-
%20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715-
M2%20 M idwest%20Tape%20TS B%20Contract%201tem%20Listi ng.pdf)
715-M2 ProQuest, LLC Price Sheet(http://www.t(smartbuy.com/SSP%20Applications/NetSuite%201nc.%20-
%20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715-
M2%20ProQuest%20TS B%20Contract%201tem%20Listing.pdf)
Warranty Details Warranty/Guarantee
Each product proposed is to be warranted against defects in workmanship and material for a period of ninety(90)days or
the duration of the manufacturer's standard warranty,whichever is longer,following Customer's acceptance. If no time or
specific protocol for acceptance is specified elsewhere in the Contract or the Customer purchase order, items are
presumed accepted ten(10)working days after receipt.The warranty will apply to any warranty service or repair requested
by Customer during the warranty period by contacting the Contractor or Contractor's designee with such request,
regardless of the amount of time required to complete the requested warranty service or repair. It is the intention of the
parties to this Contract that Contractor's warranty obligations hereunder will survive the termination of this Contract.
Replacement
1)Contractor must guarantee replacement of improperly manufactured products due to defective materials or product
during the initial Contract period and any exercised renewal options.
2)Contractor must guarantee replacement or compensation to Customer if Contractor damages Customer's property when
applying ancillary or processing services.
3)The replacements must be processed and received by the Customer within two weeks of written notification.
4)Contractor will provide replacement free of any charge, including any shipping necessary to return the product when
necessary.
5)Contractor will either replace the product with new product or refund the full purchase price of the product,whichever the
Customer prefers.
Adding New Products to Additional products or services of the same general category that are not already on the contract may be added by
the Contract submitting an Open Market Requisition(https:HcomptroIler.texas.gov/purchasing/forms/)to the Statewide Contract
Development section at open.market@cpa.texas.gov(mai Ito:open.market@cpa.texas.gov).
Delivery Delays by If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all times of
Contractor status of order.
Default in promised Delivery Days After Receipt of Order(ARO)without accepted reasons or failure to meet specifications
authorizes the Customer to purchase goods and services of this contract elsewhere and charge any increased costs for the
goods and services, including the cost of re-soliciting,to the Contractor.
Failure to pay a damage assessment is cause for contract cancellation and/or debarment or removal of the contractor, as
applicable,from the State's Centralized Master Bidders List(CMBL).
Compliant Products by Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the
Contractor specifications to Customer's F.O.B.destination, unless delivery is specifically accepted, in whole or in part, by the
Customer. Providing products, materials or services which do not meet all specification requirements does not constitute
delivery.
Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting
specifications are discovered after payment has been made.
Purchase Order The Customer may request that a Contractor cancel a specific line item or an entire purchase order. There shall be no fees
Cancellation charged for cancellation of an item and/or order prior to shipment by the Contractor.A Purchase Order Change Notice
should be processed and sent to Contractor.
Restocking Fee for The Customer may request that a Contractor accept return of products already delivered. If the return is required through
Returned Products no fault of the Contractor,the Contractor may request a reasonable restocking charge.The Customer may pay a
restocking charge if the CPA or Customer determines that the charge is justifiable.As a guideline, such charges shall not
exceed 10%for contractors.
Substitutions During the Contract term,the Contractor shall not substitute a product or brand unless the Contractor has obtained prior
written approval from the CPA Contract Manager in coordination with the Customer. The Contractor must have written
confirmation from the CPA Contract Manager of the substitution before making delivery.
Contractor Performance The Statewide Procurement Division Contract Management Office(SCMO), a division of the Comptroller of Public
Accounts(CPA),administers a vendor performance program for use by all customers per Texas Government Code(TGC),
§2262.055,and 34 Texas Administrative Code JAC),§20.108. The Vendor Performance relies on the customer's
participation in gathering information on vendor performance. State agency customers shall report vendor performance on
purchases of$25,000 or more from contracts administered by CPA,or any other purchase of$25,000 or more made
through delegated authority granted by CPA JAC 20.108), or purchases exempt from CPA procurement rules and
procedures. State agencies are additionally encouraged to report vendor performance on purchases under$25,000.
Vendor Performance shall be reported through the CPAVENDOR PERFORMANCE TRACKING SYSTEM
(https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/).
The purpose of the Vendor Performance Tracking System is to:
•Identify vendors that have exceptional performance
•Aid purchasers in making a best value determination based on vendor past performance
•Protect the state from vendors with unethical business practices
•Track vendor performance for delegated and exempt purchases
Contractors Information
VID: 14731799749
Contractor: Baker&Taylor, LLC
Contact Name:Wendy Hardy
Email:wendy.hardy@baker-taylor.com
Phone: (800)775-1200 x2776
Alternate Contact Name: Stefanie Kremer
Alternate Email:stefanie.kremer@baker-taylor.com
Alternate Phone: (704)998-3135
Address:2550 West Tyvola Road Suite 300 Charlotte, NC 28217
VID: 12322487583
Contractor: Brodart Co.
Contact Name: Mary Miller
Email: mary.miller@brodart.com
Phone: (800)233-8467
Alternate Contact Name: Lisa Miosi
Alternate Email: lisa.miosi@brodart.com
Address:500 Arch Street Williamsport, PA 17701
VID: 16217466966
Contractor: Ingram Library Services LLC
Contact Name: Stephen Casey
Email:stephen.casey@ingramcontent.com
Phone: (214)952-6310
Alternate Email: ils.orders@ingramcontent.com
Address: One Ingram Blvd. La Vergne,TN 37086
VID: 14308345058
Contractor: Midwest Library Service, Inc.
Contact Name: Trish Banta
Email: banta@midwestls.com
Phone: (800)325-8833
Alternate Contact Name: Herbert Lesser
Alternate Email: hlesser@midwestls.com
Address: 11443 St. Charles Rock Rd. Bridgeton, Missouri 63044
VID: 13714996868
Contractor: Midwest Tape, LLC
Contact Name: Janet Timm
Email:jtimm@midwesttape.com
Phone: (800)875-2785
Alternate Contact Name:Jeffery Jankowski
Alternate Email:jankowski@midwesttape.com
Alternate Phone: (419)868-9370
Address: PO Box 820 Holland, OH 43528
VID: 13920538553
Contractor: Proquest, LLC
Contact Name: Jess Snyder
Email: Proposals@proquest.com
Phone: (248)496-1065
Address: Proquest, LLC 789 E. Eisenhower Parkway Ann Arbor, MI 48106
VID: 10203021430
Contractor:Yankee Book Peddler, Inc.dba GOBI Library Solutions from EBSCO
Contact Name: Bonnie LaRose
Email: bidadmin@ybp.com
Phone: (800)258-3774 x8895
Alternate Contact Name: Kate Hartnett
Alternate Email: khartnett@ybp.com
Alternate Phone: (800)258-3774 x8808
Address:999 Maple Street Contoocook, NH 02339
Texas Comptroller of Public Accounts
Glenn Hegar
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CITY OF NORTH RICHLAND HILLS
COOPERATIVE PURCHASE CUSTOMER AGREEMENT
This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between Baker
&Taylor, LLC ("Vendor") and the City of North Richland Hills, ("Customer" or"Authorized Customer"), a Texas
government entity, and a Customer authorized to purchase goods or services pursuant to the Agreement between the
Texas Comptroller of Public Accounts ("Cooperative Entity") and Vendor, Contract No. 71 u�A�:? �:Ik"70 4, as amended, (the
"Agreement") with an effective date of 11/01/2021. 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
http://www.txsmartbuy.com/contracts/view/2231 or upon request from Vendor, and the attached
Quote/Purchase Order No. N/A. The Agreement expires on 10/31/2022 Authorized Customer is eligible and desires
to purchase books and audiovisual materials pursuant to the terms and conditions of the Agreement as the Cooperative
Entity may specify from time to time, as well as the terms and conditions of this Customer Agreement. To ensure
goods and services are provided directly to the Customer, ..Il( a,,as ACC(:AUII,S will only be
responsible for services provided to the and will not be responsible for payments
for services provided to Authorized 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 II ��::a �;: uulviui�UUi�"����� 11:�f�II'"n..� N�+ i;����uu��uu���: under the Agreement, as applicable, as if
Customer had entered into the Agreement. Except in the event of gross negligence or intentional misconduct,
Customer's liability shall not exceed the amount paid under this 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, hard copy or electronic, 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
$ 221,000.00 ("Purchase Price") annually for 1 year(s) through September 30, 2022. Notwithstanding any other
provision in the Agreement, if the Purchase Price for goods or services under this Customer Agreement is $3,000 or
less, the Customer's liability shall be limited to the Purchase Price.
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. This Agreement, and any amendment hereto, may be executed
in counterparts, and electronically signed, scanned, digitally signed and sent via electronic mail and such signatures
shall have the same effect as original manual signatures.
Authorized Customer has caused this Customer Agreement to be executed by its duly authorized representative to
be effective as of this day of........... 20
Signature Page to Follow:
Cooperative Purchase Customer Agreement, Page 1 of 2 CAFORM_NO_0002_2020-10-1 Revised v04192021
VENDOR NAME: Luker& Taylor, LLC
CITY 4P NORTH RICHLAND HILLS: By:
Name: 5tefani Krerner
El If$3,000 or less Title: Director Pricing Services
Date: -January 5 2022
APPROVED:
By:
Scott Kendall, Purchasing Manager
Department Director:
By:
Printed Name:
Director of:
APPROVED:
By:
Mark Hindman, City Manager
ATTEST:
By:
Alicia Richardson.
City Secretary/Chief Governance Officer
APPROVED TO FORM AND LEGALITY:
By:
Maleshia B. McGinnis, City Attorney
NRH Council Action Y N
Date Approved
Agenda No.
Ord/Res No.
Cooperative Purchase Customer Agreement,Page 2 of 2 CAFORM NCa 0002 2020-10-1 Revised v04192021
DocuSign Envelope ID:872611A3-18FB-40A4-AF58-03A64213C350
✓tthnn.
GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
Baker & Taylor, LLC
Attn: Stefanie Kremer
2810 Coliseum Centre Dr. Ste. 300
Charlotte, NC 28217
NOTICE OF CONTRACT RENEWAL
Contract Category: 715-M2 Publications, Audiovisual Materials, Books,
Textbooks, and Ancillary Services
Contract ID No: 715M2-2704
Renewal Term: Nov. 1, 2021, through Oct. 31, 2022
Dear Contractor:
In accordance with the specified terms and conditions of the above-referenced Contract, the
Texas Comptroller of Public Accounts hereby exercises its option to renew the Contract for the
period stated above.
All terms and conditions of the original Contract will remain the same and in full force and effect
during the renewal term.
Texas Comptroller of Public Accounts
L DocuSigned
by:
Eaaae�Eaca6ra.��...
Bobby Pounds
Statewide Procurement Division Director
Date: 10/22/2021 1 9:17 AM CDT
CERTIFICATE OF INTERESTED PARTIES
FIRM 72'95
1041
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 blame of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-831628
Baker&Taylor, LLC
Charlotte, NC United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/10/2021
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.
715 M2-2704
Publications,Audiovisual Materials, Books,Textbooks and Ancillary Services(Texas State Contract)
A Nature of interest
Name of Interested party City,State,Country(place of business) (check applicable)
Controlling intermediary
Chepul, Pete Charlotte, NC United States X
Kochar,Arnandeep Charlotte, NC United States X
5 Check only if there is NO Interested Party.
6 UNSL'ORN DECLARATION
My name is Stefanie K.re er and my date of birth is 2/1'1 A 976
My address is 2810 COHSeUrYl Centre Drive Suite 300 Chadotte. . ..._� NC_,...,m28217 ___LJSA
(sheet) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Peck-eri i'tirg County, State of_._N on the day of D t? rnl 1r,20 ..
(month) (year)
Signat of authorized agent of contracting business entity
Stefanie Kremer (Deciarant) Director, Pricing Services
Forms provided by Texas Ethics Commission www_ethics,state.tx.us Version V1,1.191b5cdc
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Authorize the City Manager to execute a contract amendment for the
purchase of additional Microsoft volume licensing from SHI
Government Solutions, Inc. in the amount of $58,321.12, utilizing
Department of Information Resources Cooperative Agreement DIR-
TSO-4092 for a total contract amount not to exceed $626,364.28.
PRESENTER: Eric Von Schimmelmann, Director of Information Technology
SUMMARY:
This request is to increase the total amount of expenditure previously approved by
Council due to an annual Microsoft licensing true-up. The amount exceeds $50,000 and
also exceeds the aggregate amount previously approved.
GENERAL DESCRIPTION:
The Microsoft Enterprise Agreement is a volume licensing agreement which includes
software licenses for the Windows operating system, Office suite, Exchange, SQL
database, and other Microsoft software tools. On October 28, 2019, City Council
approved a three year Microsoft Enterprise Agreement with annual payments to be made
to Microsoft partner SHI Government Solutions, Inc.
The Enterprise Agreement states that an annual audit must be performed, and any
additional licenses that were added during the year should be reported as a true-up count.
This past year, the City migrated from an on-premise email Exchange server to a
Microsoft cloud hosted email platform. This move changed the licensing structure
resulting in an increased number of licenses required. A true-up invoice was received for
$58,321.12. Since this amount exceeds $50,000 and the total previously approved by
City Council in 2019, the Information Technology Department is asking for approval to
increase the amount payable to SHI Government, Solutions, Inc. through the term of the
Enterprise Agreement of November 30, 2022.
SHI Government Solutions, Inc. participates in the Texas Department of Information
Resources (DIR)cooperative purchasing program. By participating in the DIR cooperative
purchasing program, the City meets all state competitive bidding requirements. The DIR
contract covering this purchase is DIR-TSO-4092, and expires on February 21, 2024.
Currently, funding for this request can be covered in the Fiscal Year 21-22 operating
budget due to some expenditures not occurring until later in the fiscal year. A budget
amendment will most likely be requested mid-fiscal year to cover any expense not
absorbed through operating budget savings.
RECOMMENDATION:
Authorize the City Manager to execute a contract amendment for the purchase of
additional Microsoft volume licensing from SHI Government Solutions, Inc. in the amount
of $58,321.12, utilizing Department of Information Resources Cooperative Agreement
DIR-TSO-4092 for a total contract amount not to exceed $626,364.28.
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DIR Contract No. DIR-TSO-4092
Vendor Contract No.
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCTS AND RELATED SERVICES
SHI Government Solutions, Inc.
1. Introduction
A. Parties
This Contract for products and related services is entered into between the State of Texas,
acting by and through the Department of Information Resources (hereinafter"DIR") with
its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701,
and SHI Government Solutions, Inc. (hereinafter "Vendor"), with its principal place of
business at 1301 South MoPac ExpresswaySte. 375 Austin,TX 78746.
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-TSO-TMP-404, on 6/08/2017, for Value
Added Software Resellers. Upon execution of this Contract, a notice of award for RFO
DIR-TSO-TMP-404 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-404, including all addenda; and Exhibit 2, DIR-TSO-TMP-404, including
all addenda; Exhibit 3, Eligible Customer Exceptions; 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 3, then Exhibit 1, and finally Exhibit 2. In the
event and to the extent any provisions contained in multiple documents address the same
or substantially the same subject matter but do not actually conflict, the more recent
provisions shall be deemed to have superseded earlier provisions.
2. Term of Contract
The term of this Contract shall be two (2) years commencing on the last date of approval
by DIR and Vendor. Prior to expiration of the original term, the contract will renew
automatically in two year increments for two additional years, for a total of six years
(6), under the same terms and conditions unless either party provides notice to the
other party 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.
Department oflnformation Resources Page 1 of 9 (DIR rev 10/16/17)
DIR Contract No. DIR-TSO-4092
Vendor Contract No.
3. Product and Service Offerings
A. Products
Products available under this Contract are limited to Microsoft 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 Software services, plus related
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 party 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. 15th St., Suite 1300
Austin, Texas 78701
Phone: (512) 475-1647
Facsimile: (512) 475-4759
Email: kelly.parkergdir.texas.�,oovv
Department oflnformation Resources Page 2 of 9 (DIR rev 10/16/17)
DIR Contract No. DIR-TSO-4092
Vendor Contract No.
If sent to the Vendor:
Victoria Pubylski
SHI Government Solutions, Inc.
1301 South Mo-Pac Expressway, Suite 375
Austin, Texas 78746
Phone: (512) 582-6724
Fax: (512) 732-0232
Email: Victoria Pubylsli(ea�,shi.com
7. Software License 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, Vendor Shrink/Click Wrap License Agreements, Vendor Service
Agreements or linked or supplemental Vendor 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.
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.
Department oflnformation Resources Page 3 of 9 (DIR rev 10/16/17)
DIR Contract No. DIR-TSO-4092
Vendor Contract No.
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. The foregoing requirements do not apply to contracts between
Customer and a software publisher.
8. Eligible Customers
Vendor is authorized to sell awarded products and related services to all eligible DIR
customers, excluding Texas state agencies. Exceptions to this provision are noted in
Exhibit 3, Eligible Customer Exceptions. Appendix A, Standard Terms and Conditions
for Product and Related Services Contracts, Section 3, Definitions Customer is
hereby restated in its entirety and replaced as follows:
A. Customer-any unit of local government,institution of higher education as defined
in Section 2054.003, Texas Government Code, the Electric Reliability Council of
Texas,the Lower Colorado River Authority, a private school, as defined by Section
5.001, Education Code, a private or independent institution of higher education, as
defined by Section 61.003,Education Code, a volunteer fire department, as defined
by Section 152.001, Tax Code,_and those state agencies purchasing from a DIR
contract through an Interagency Agreement, as authorized by Chapter 771, Texas
Government Code, any local government as authorized through the Interlocal
Cooperation Act, Chapter 791, Texas Government Code, and the state agencies and
political subdivisions of other states as authorized by Section 2054.0565, Texas
Government Code and, except for telecommunications services under Chapter
2170, Texas Government Code, assistance organizations as defined in Section
2175.001, Texas Government Code to mean:
1) A non-profit organization that provides educational, health or human
services or assistance to homeless individuals;
2) A nonprofit food bank that solicits, warehouses, and redistributes edible
but unmarketable food to an agency that feeds needy families and
individuals;
3) Texas Partners of the Americas, a registered agency with the Advisory
Committee on Voluntary Foreign Aid, with the approval of the Partners
of the Alliance Office of the Agency for International Development;
4) A group, including a faith-based group, that enters into a financial or non-
financial agreement with a health or human services agency to provide
services to that agency's clients;
5) A local workforce development board created under Section 2308.253;
6) A nonprofit organization approved by the Supreme Court of Texas that
provides free legal services for low-income households in civil matters;
Department oflnformation Resources Page 4 of 9 (DIR rev 10/16/17)
DIR Contract No. DIR-TSO-4092
Vendor Contract No.
7) The Texas Boll Weevil Eradication Foundation, Inc., or an entity
designated by the commissioner of agriculture as the foundation's
successor entity under Section 74.1011, Texas Agriculture Code;
8) A nonprofit computer bank that solicits, stores, refurbishes and
redistributes used computer equipment to public school students and their
families; and
9) A nonprofit organization that provides affordable housing.
9. Change of Channel Partner
For all agreements, enrollments and tenant enrollments associated with DIR's Data
Center Services (DCS)program, and any other Texas state agency, the authorized
Reseller and Channel Partner transition to a new value-added reseller will be effective on
the date stated in the Change of Channel Partner and Change of Direct and Large
Account Reseller amendments executed by all Parties. Vendor agrees to sign and return
the Change of Channel Partner amendments within 5 days of receipt.
10. Authorized Exceptions
1. Appendix A, Standard Terms and Conditions for Product and Related Services
Contracts.
B. Contract, Section 3, Definitions, B) Compliance Check is hereby restated in its
entirety as follows:
B) Compliance Check — an audit of Vendor's, to the extent reasonably necessary, to
verify performance hereunder. Vendor's audit may be performed by, but not limited to,
a third-party auditor, DIR Internal Audit department, DIR contract management staff
or their designees.
C. Contract, Section 5, Intellectual Property Matters, Section A Definitions, Item 1,
Work Product is hereby restated in its entirety as follows:
1)"Work Product"means any and all tangible and intangible output of Vendor's Services
produced by Vendor for Customer under a Statement of Work issued pursuant to this
Contract, including any and all tangible or intangible items or things that have been or
will be prepared, created, developed for Customer, including but not limited to any (i)
works of authorship (such as manuals, instructions, printed material, graphics, artwork,
images, illustrations, photographs, flow charts, notes, writings, data, information,
multimedia files, other written or machine readable expression of such works fixed in
any tangible media, and all other copyrightable works), (ii) any copies, and similar or
derivative works to any of the foregoing, (iii) documentation and materials, and (iv) all
Intellectual Property Rights in any of the foregoing, and which are or were created,
prepared, developed, invented or conceived for the use or benefit of Customer in
connection with this Contract or a Statement of Work, or with funds appropriated by or
for Customer or Customer's benefit: (a) by any Vendor personnel or Customer
personnel, or(b) any Customer personnel who then became personnel to Vendor or any
of its affiliates or subcontractors, where, although creation or reduction-to-practice is
Department oflnformation Resources Page 5 of 9 (DIR rev 10/16/17)
DIR Contract No. DIR-TSO-4092
Vendor Contract No.
completed while the person is affiliated with Vendor or its personnel, any portion of
same was created,invented or conceived by such person while affiliated with Customer.
D. Contract, Section 5, Intellectual Property Matters, A Definitions, Item 2)
"Intellectual Property Rights" is hereby restated in its entirety as follows:
2) "Intellectual Property Rights" means the worldwide legal rights or interests
evidenced by or embodied in: (i)any compilations, diagrams,layouts, mask works,idea,
design, concept, personality right, method, process, formula, technique, apparatus,
invention, discovery, or improvement, including any patents, trade secrets, and know-
how, show-how, research and development; (ii) any work of authorship, including any
copyrights, moral rights or neighboring rights; (iii) any software(including routines and
sub routines, trademark, service mark, logo, Confidential Information, pre-existing and
independently developed materials, trade dress, trade name, or other indicia of source
or origin; (iv)domain name registrations; and(v)any other proprietary or similar rights.
The Intellectual Property Rights of a party include all worldwide legal rights or interests
that the party may have acquired by assignment or license with the right to grant
sublicenses.
E. Contract, Section 5, Intellectual Property Matters, A Definitions, Item 5)
"Vendor IP"is hereby restated in its entirety as follows:
5) "Vendor IP" shall mean all tangible or intangible items or things, including the
Intellectual Property Rights therein, created or developed by Vendor (a) prior to
providing any Services or Work Product to Customer and prior to receiving any
documents, materials, information or funding from or on behalf of Customer relating
to the Services or Work Product, or(b) after the Effective Date of the Contract if such
tangible or intangible items or things do not include (i) any Confidential Information
of Customer; or (ii) any ideas, concepts, know-how, skills, methodologies, or
techniques which(A)are developed solely by Customer, or(B)are unique to Customer
or its applications and are developed for inclusion in the Work Product.
F. Contract, Section 5, Intellectual Property Matters,B Ownership is hereby restated
in its entirety as follows:
Vendor owns all right, title, and interest the Vendor IP. As between Vendor and
Customer, and upon payment by Customer, of any undisputed invoice of vendor directly
related to a specific element of work product, that absent of the Work Product and
Intellectual Property Rights therein are and shall be owned exclusively by Customer, and
not Vendor.Vendor specifically agrees that the Work Product shall be considered"works
made for hire" and that the Work Product shall, upon creation, be owned exclusively by
Customer. Subject to Vendor's confidentiality obligations to customer; Nothing in this
Contract precludes Vendor from providing services similar to those described in this
Contract or any Statement of Work to any other customers. To the extent that the Work
Product, under applicable law, may not be considered works made for hire, Vendor
hereby agrees that the Contract effectively transfers, grants, conveys, assigns, and
relinquishes exclusively to Customer all right, title and interest in and to all ownership
rights in the Work Product, and all Intellectual Property Rights in the Work Product,
without the necessity of any further consideration, and Customer shall be entitled to
obtain and hold in its own name all Intellectual Property Rights in and to the Work
Product. Vendor acknowledges that Vendor and Customer do not intend Vendor to be a
Department oflnformation Resources Page 6 of 9 (DIR rev 10/16/17)
DIR Contract No. DIR-TSO-4092
Vendor Contract No.
joint author of the Work Product within the meaning of the Copyright Act of 1976.
Customer shall have access, during normal business hours (Monday through Friday,
8AM to 5PM) and upon reasonable prior notice to Vendor, to all necessary and relevant
Vendor materials, premises and computer files containing the Work Product Vendor and
Customer, as appropriate, will cooperate with one another and execute such other
documents as may be reasonably appropriate to achieve the objectives herein.No license
or other right is granted hereunder to any Third-Party IP, except as may be incorporated
in the Work Product by Vendor.
G. Contract, Section 5, Intellectual Property Matters, G) Return of Materials
Pertaining to Work Product is hereby restated in its entirety as follows:
Upon the request of Customer, but in any event upon termination or expiration of this
Contract or a Statement of Work, Vendor shall surrender to Customer all documents
and things necessary to the understanding and operation of the work product and all
things pertaining to the Work Product, including but not limited to drafts, memoranda,
notes, records, drawings, manuals, reports, data, and all other documents or materials
(and copies of same) generated or developed by Vendor or furnished by Customer to
Vendor, including all materials embodying the Work Product, any Customer
confidential information, or Intellectual Property Rights in such Work Product,
regardless of whether complete or incomplete. This section is intended to apply to all
Work Product as well as to all documents and things furnished to Vendor by Customer
or by anyone else that pertain to the Work Product.
H. Contract, Section 5, Intellectual Property Matters, I) License to Customer is
hereby restated in its entirety as follows:
If Vendor includes any Vendor IP,then Vendor grants to Customer, a limited,perpetual,
irrevocable, royalty free, non-exclusive license, solely for the Customer's internal
business purposes, to use, copy, modify, display, perform (by any means), transmit and
prepare derivative works of any Vendor IP, solely to the extent such Vendor IP is
necessary to use the Work Product, embodied in or delivered to Customer in conjunction
with the Work Product. The foregoing license includes the right to sublicense third
parties, solely for the purpose of engaging such third parties to assist or carryout
Customer's internal business use of the Work Product. Except for the preceding license,
all rights in Vendor IP remain in Vendor.
L Contract, Section 5, Intellectual Property Matters, L) Vendor Development
Rights is hereby restated in its entirety as follows:
To the extent not inconsistent with Customer's rights in the Work Product or as set forth
herein, nothing in this Contract shall preclude Vendor from developing for itself, or for
others, materials which are competitive with those produced as a result of the Services
provided hereunder, provided that no Work Product is utilized, and no Intellectual
Property Rights of Customer therein are infringed by such competitive materials. To the
extent that Vendor wishes to use the Work Product, or acquire licensed rights in certain
Intellectual Property Rights of Customer therein in order to offer competitive goods or
services to third parties,Vendor and Customer agree to negotiate in good faith regarding
an appropriate license and royalty agreement to allow for such. Customer shall not and
shall not permit any affiliates or third party to translate, reverse engineer, decompile,
recompile,update, or modify any Vendor IP. If Customer provides any input, comments
or suggestions regarding the Services, Vendor IP, or Vendor's business or technology
Department oflnformation Resources Page 7 of 9 (DIR rev 10/16/17)
DIR Contract No. DIR-TSO-4092
Vendor Contract No.
plans,including comments or suggestions regarding the possible creation, development,
modification, correction, improvement or enhancement of the Services or Vendor IP
(collectively "Feedback"), then Customer shall grant and hereby grants Vendor a
perpetual, nonexclusive,world-wide,royalty free, license to use such Feedback without
restriction.
J. Contract, Section 10, Vendors Responsibibility,A Indemnification, Item 3
Infringements is hereby restated in its entirety as follows:
a) Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any direct damages
arising from all third party claims that the Work Product involve infringement of any
United States patents, copyrights,trade and service marks, and any other intellectual or
intangible property rights in connection with the PERFORMANCES OR ACTIONS
OF VENDOR PURSUANT TO THIS CONTRACT. SHALL BE LIABLE TO PAY
ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. THE DEFENSE
SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE
ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED
DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM
THE OFFICE OF THE ATTORNEY GENERAL.
b) Vendor shall have no liability under this section if the alleged infringement is
caused in whole or in part by: (i) use of the product or service for a purpose or in a
manner for which the product or service was not designed, (ii) any modification made
to the product without Vendor's written approval, (iii) any modifications made to the
product by the Vendor pursuant to Customer's specific instructions, (iv) any
intellectual property right owned by or licensed to Customer, (v) Customer's
combination or use of the Work Product or Service with software, services, or products
developed by Customer or third parties or (vi) any use of the product or service by
Customer that is not in conformity with the terms of any applicable license agreement.
c) If Vendor becomes aware of an actual or potential claim, or Customer provides
Vendor with notice of an actual or potential claim, Vendor may (or in the case of an
injunction against Customer, shall), at Vendor's sole option and expense: (i) procure
for the Customer the right to continue to use the affected portion of the product or
service, (ii) modify or replace the affected portion of the product or service with
functionally equivalent or superior product or service so that Customer's use is non-
infringing, or (iii) replace the Work Product or Services at no cost to Customer with
non-infringing substitutes provided that the substitutes do not entail a material
diminution in function in Customer's reasonable estimation.
(Remainder of page intentionally left blank)
Department oflnformation Resources Page 8 of 9 (DIR rev 10/16/17)
DIR Contract No. DIR-TSO-4092
Vendor Contract No.
This Contract is executed to be effective as of the date of last signature.
SHI Government Solutions, Inc.
Authorized By: Signature on File
Name: Natalie Castagno
Title: Director of Response Team
Date: 2/20/2018
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: 2/21/2018
Office of General Counsel: David Brown
Signature on File 2/21/2018
Department oflnformation Resources Page 9 of 9 (DIR rev 10/16/17)
Exhibit 3 to DIR-TSO-4092
Eligible Customers Exceptions
Vendor is authorized,through the applicable agreement end date stated below, to conduct all business
necessary to meet agency requirements of current and existing Microsoft Enterprise License
Agreements (EA)for the following agencies and pertaining to the agency's agreement numbers listed
herein.
Primary Public License
Agreement Agreement Agreement Agreement
Primary Customer Name Customer Program Agreement
Number Status Start Date End Date
Number Type
Texas Health& Human
Services Commission on
behalf of itself and its Enterprise
5069791 affiliates B7FF95C2 Subscription 6 Government Active 12/1/2015 11/30/2018
Texas HHS Commission
on behalf of itself and its
affiliates-5069791-HHSC Enterprise
6365385 Test Tenant B34833B3 Subscription 6 Government Active 12/1/2015 11/30/2018
4944569 Texas Legislative Council 9C6CED4B Enterprise 6 Government Active 12/1/2015 11/30/2018
5000039 Texas Legislative Council BF449D30 Enterprise 6 Government Active 12/1/2015 11/30/2018
7617237 Texas Medical Board 905EB7DD Enterprise 6 Government Active 1/1/2016 12/31/2018
Texas Office of Court
5679409 Administration AB73A50F Enterprise 6 Government Active 1/1/2016 12/31/2018
Texas Office of Court
6609840 Administration BAC04E4C Enterprise 6 Government Active 1/1/2016 12/31/2018
TX Commission on Fire
7610597 Protection 8F83B4A3 Enterprise 6 Government Active 8/28/2015 8/31/2018
AMENDMENT NO. 1 TO
CITY OF NORTH RICHLAND HILLS
SHI GOVERNMENT SOLUTIONS, INC.
PURCHASE ORDER GENERAL TERMS AND CONDITIONS
THE STATE OF TEXAS §
THE COUNTY OF TARRANT §
WHEREAS, the City of North Richland Hills ("City") and SHI Government Solutions, Inc. ("Contractor")
collectively referred to as the "parties," made and entered into a Purchase Order Agreement 200468 effective on
11/27/2019 ("Agreement"); and
WHEREAS, the Agreement involves the purchase of Microsoft products and services provided to the City and is
governed by the terms and conditions of DIR-TSO-4092 ("Cooperative Entity Contract"), which expires on 12/21/2024;
and
WHEREAS, the Agreement includes a maximum expenditure amount not to exceed $568,043.16; and
WHEREAS, the parties now wish to amend the Agreement to provide a maximum expenditure amount not to
exceed$626,364.28 in payments annually for 1 year(s) through 11/30/2022;
NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, enter
into the following agreement:
1. Effective 01/01/2022, the Purchase Order Agreement 22200179 is hereby amended to modify the Agreement to
provide a maximum expenditure amount which shall not exceed$626,364.28 through 11/30/2022.
2. 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: SHI GOVERNMENT SOLUTIONS,INC.:
By: By:
Mark Hindman, City Manager Name, Title
Date: Date:
APPROVED TO FORM AND LEGALITY: ATTEST:
By: By:
Maleshia B. McGinnis, City Attorney Alicia Richardson, City Secretary/Chief
Governance Officer
Template for Amendment to Appendix H—Pricing Increase CA-CONTRACT NO.PUR005 20210501
Pricing Proposal
Quotation#: 21327627
Description: MS Reservations-EA#91157854
Reference#: EA#91157854
Created On: Dec-01-2021
Government m011S Valid Until: Dec-31-2021
TX1-CITY OF N RICHLAND HILLS Inside Account Manager
Amy Stephens Jonathan Gaudet
6720 N.E.LOOP 820 3828 Pecana Trail
INFORMATION SERVICES Austin,TX 78749
ATTN:TERRY KINZIE Phone:(800)870-6079 Option 2
N.RICHLAND HILL,TX 76180 Fax: 512-732-0232
United States Email: Jonathan—Gaudet@shi.com
Phone:8175815542
Fax:
Email: astephens@nrhtx.com
Click here to order this quote
All Prices are in US Dollar(USD)
Product Qty Your Price Total
1 M365 E3 GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr 120 $383.11 $45,973.20
Microsoft-Part#:AAD-34704
Contract Name: Microsoft Software VAR
Contract#:DIR-TSO-4092
Coverage Term: Nov-01-2021—Nov-30-2022
Note: Reservation#21101274898624
2 M365 E3 GCC Unified ShrdSvrALNG SubsVL MVL PerUsr 30 $383.11 $11,493.30
Microsoft-Part#:AAD-34704
Contract Name: Microsoft Software VAR
Contract#:DIR-TSO-4092
Coverage Term: Nov-01-2021—Nov-30-2022
Note: Reservation#21102056812211
Subtotal $57,466.50
Shipping $0.00
Total $57,466.50
Additional Comments
Thank you for choosing SHI-GS!The pricing offered on this quote proposal is valid through the expiration date set above.To ensure
the best level of service,please provide End User Name,Phone Number,Email Address,Quote Number,and applicable Contract
Number when submitting a Purchase Order.SHI Government Solutions, Inc.is 100%Minority Owned,Woman Owned Business.
TAX ID#22-3695478;DUNS#14-724-3096
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Please note,if Emergency Connectivity Funds(ECF)will be used to pay for all or part of this quote,please let us know as we will
need to ensure compliance with the funding program.
Thank you for choosing SHI-GS!The pricing offered on this quote proposal is valid through the expiration date set above.To ensure
the best level of service,please provide End User Name,Phone Number,Email Address and applicable Contract Number when
submitting a Purchase Order.SHI Government Solutions, Inc.is 100%Minority Owned,Woman Owned Business.TAX ID#22-
3695478;DUNS#14-724-3096
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
Pricing Proposal
Quotation#: 21327626
Description: VisioPro-Year 3-EA#91157854
Reference#: EA#91157854
Created On: Dec-01-2021
Government m011S Valid Until: Dec-31-2021
TX1-CITY OF N RICHLAND HILLS Inside Account Manager
Amy Stephens Jonathan Gaudet
7301 NE Loop 820 3828 Pecana Trail
North Richland Hills,Texas 76180 Austin,TX 78749
UNITED STATES Phone:(800)870-6079 Option 2
Phone: (817)427-6246 Fax: 512-732-0232
Fax: (817)427-6255 Email: Jonathan—Gaudet@shi.com
Email: astephens@nrhtx.com
Click here to order this quote
All Prices are in US Dollar(USD)
Product Qty Your Price Total
1 VisioPro ALNG LicSAPk MVL 2 $427.31 $854.62
Microsoft-Part#:D87-01057
Contract Name: Microsoft Software VAR
Contract#:DIR-TSO-4092
Coverage Term: —Nov-30-2022
Subtotal $854.62
Shipping $0.00
Total $854.62
Additional Comments
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Please note,if Emergency Connectivity Funds(ECF)will be used to pay for all or part of this quote,please let us know as we will
need to ensure compliance with the funding program.
Thank you for choosing SHI-GS!The pricing offered on this quote proposal is valid through the expiration date set above.To ensure
the best level of service,please provide End User Name,Phone Number,Email Address and applicable Contract Number when
submitting a Purchase Order.SHI Government Solutions, Inc.is 100%Minority Owned,Woman Owned Business.TAX ID#22-
3695478;DUNS#14-724-3096
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-840027
SHI Government Solutions, Inc.
Austin, 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 01/13/2022
being filed.
City of North Richland Hills Date Acknowledged:
g 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.
D I R-TSO-4092
MS True Up- EA#91157854
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 Holly Knowles and my date of birth is
My address is 3828 Pecana Trail Austin TX 78749 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Travis County, State of Texas on the 17 day of January 2022
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Authorize the purchase of the Eventide Recording Software and
Hardware from VistaCOM for use in the City Hall Dispatch Center
and the Disaster Recovery Dispatch Site through Houston-
Galveston Area Council Buy Contract RP07-20 in the amount of
$80,903.00 utilizing ARPA funding.
PRESENTER: Eric Von Schimmelmann, Director-IT
SUMMARY:
As part of the dispatch call life cycle, all calls received in Dispatch are recorded and
archived via the Eventide Recording Software. This project updates the recording
software and hardware in the City Hall Dispatch Center and moves the existing Eventide
software and hardware to the Disaster Recovery Dispatch Center located in the Public
Safety Training Center (formerly known as Fire Administration).
GENERAL DESCRIPTION:
Recording software is necessary for critical 24/7 operations in emergency dispatch and
call-taking. The purchase of Eventide's NexLog DX-series recording solution captures,
records and archives the 911 call and the call-associated ANI/ALI metadata. The resulting
records are immediately available for instant recall, forensic replay, incident
reconstructions, burn to CD/DVD, and export.
VistaCOM is a member of the purchasing cooperative, Houston-Galveston Area Council
(HGACBuy) Contract RP07-20: Record & Playback Systems. By participating in the
HGACBuy program, the city is meeting all state competitive bidding requirements for this
purchase.
Funding for this project is provided by the America Rescue Plan Act (ARPA-NRH
GRARP21).
RECOMMENDATION:
Authorize the purchase of the Eventide Recording Software and Hardware from
VistaCOM for use in the City Hall Dispatch Center and the Disaster Recovery Dispatch
Site through Houston-Galveston Area Council Buy Contract RP07-20 in the amount of
$80,903.00 utilizing ARPA funding.
DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
H-GAC
Houston-Galveston Area Council
P.O.Box 22777 • 3555 Timmons • Houston,Texas 77227-2777
Cooperative Agreement _Eventide Inc... Public Services......
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council
hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite
120, Houston, Texas 77027 and Eventide Inc, hereinafter referred to as the Contractor, having its
principal place of business at 1 Alsan Way, Little Ferry, NJ 07643.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of
the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into
this Agreement. The Contractor's governing body, where applicable, has authorized the signatory
official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any
subsequent amendments hereto.
ARTICLE 2:APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable
rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term
of this Agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not
change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-
GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant
or employee of H-GAC, the State of Texas or the United States Government. Employees of the
Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is
solely responsible for employee related disputes and discrepancies, including employee payrolls and any
claims arising therefrom.
ARTICLE 4:WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the
complete Agreement (`Agreement")between the parties hereto, and supersede any and all oral and
written agreements between the parties relating to matters herein. Except as otherwise provided
herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SCOPE OF SERVICES
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DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Jul 012020 and ends Jun 30 2023.
All services under this Agreement must be rendered within this performance period, unless directly
specified under a written change or extension provisioned under Article 14, which shall be fully
executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by
this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may
terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC
has final determination of the adequacy of performance and reporting by Contractor. Termination of
this agreement for failure to perform may affect Contractor's ability to participate in future
opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign,
transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest
it may have therein to any third party without prior written approval of H-GAC. The Contractor
acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The
Contractor shall ensure that the performance rendered under all subcontracts shall result in
compliance with all the terms and provisions of this Agreement as if the performance rendered was
rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly
required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's
compliance, or that of Contractor's subcontractors, with any laws or regulations.
ARTICLE 11:AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be
conducted an independent audit of any transaction under this Agreement, such audit may be performed
by the H-GAC local government audit staff, a certified public accountant firm, or other auditors
designated by H-GAC and will be conducted in accordance with applicable professional standards and
practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for
any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
Page 2 of 7
DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
off the premises by authorized representatives of its own or any public accounting firm selected by H-
GAC. The right of access to records is not limited to the required retention period,but shall last as long
as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus maintained and retained by the Contractor shall include (without
limitation): (1) personnel and payroll records, including social security numbers and labor
classifications, accounting for total time distribution of the Contractor's employees working full or part
time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or
other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing
documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3)
paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third
parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included
in all subcontractor or third-party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all
other financial, statistical, property, participant records, and supporting documentation for a period of
no less than seven (7) years from the later of the date of acceptance of the final payment or until all
audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving
the records has been started before the expiration of the retention period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of the
seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully
resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by
changes in federal or state law or by regulations, are automatically incorporated without
written amendment hereto, and shall become effective on the date designated by such law or by
regulation.
B. To ensure the legal and effective performance of this Agreement,both parties agree that any
amendment that affects the performance under this Agreement must be mutually agreed upon
and that all such amendments must be in writing. After a period of no less than 30 days
subsequent to written notice, unless sooner implementation is required by law, such
amendments shall have the effect of qualifying the terms of this Agreement and shall be
binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. CoTLmnience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause,
whenever H-GAC determines that for any reason such termination is in the best interest of H-
GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of
termination, all services hereunder of the Contractor and its employees and subcontractors
shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days
written notice, presented to H-GAC via certified mail. The Contractor may not give notice of
cancellation after it has received notice of default from H-GAC.
B. Default
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DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
H-GAC may,by written notice of default to the Contractor, terminate the whole or any part of
the Agreement, in any one of the following circumstances:
(1) if the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof, or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreements that
completion of services herein specified within the Agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
often (10) days (or such longer period of time as may be authorized by H-GAC in writing)
after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause
reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event,
the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of
the Contractor, and no other public officials of the Contractor who exercise any functions or
responsibilities in the review or Contractor approval of this Agreement, shall participate in any
decision relating to this Agreement which affects his or her personal interest, or shall have any
personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards,
and environmental compliance. Additionally, for work to be performed under the Agreement or
subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify
each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may
include,but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment
Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (1) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s)
Page 4 of 7
DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
applicable to any Federal funding for this Agreement; (k) the requirements of any other
nondiscrimination statute(s) which may apply to this Agreement; (1) applicable provisions of the Clean
Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C.
§1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the
Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations
at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and
abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state
or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud,
abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of
knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical
attention arising from its activities under this Agreement within twenty-four (24) hours of such
occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be
reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such
act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State
of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in
carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the
Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to
perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable
for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board
members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses
(including reasonable attorney fees), actions, causes of action,judgements, and liens arising as a result
of Contractor's negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the
threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR'S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor's
total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise,but excluding its obligation to indemnify H-GAC, is limited to the price of
the particular products/services sold hereunder, and Contractor agrees either to refund the purchase
price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable
for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to
Page 5 of 7
DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or
Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not
be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been
negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against
any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not
addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the
Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide
notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final
and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor
requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under
this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of
its position. The decision of the Executive Director after any such rehearing shall be final and
conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent.]urisdiction. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H- GAC's final decision.
ARTICLE 26: CHOICE OF LAW:VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit
or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris
County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the
law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such
disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be
utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
Page 6 of 7
DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first
written above, as accepted by:
Eventi EMCSigned by:
H-GAC DocuSigned by:
bj O'A.. 0-e x
Signature ;�u�.--
FC545AC8D21E49B... Slgnatur
Name Gordon Moore 82EC27OD5D61423...
Name Chuck Wemple
Title General Manager
Title Executive Director
Date 6/24/2020
Date 6/24/2020
Page 7 of 7
DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
H-GAC
Houston-Galveston Area Council
P.O.Box 22777 • 3555 Timmons • Houston,Texas 77227-2777
Cooperative Csgreeme:nt _Eve:a tide Ine... Public Services...
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the
Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated
into the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS ("EUA")
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement("EUA)with the
Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC
Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's
terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or
conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that
termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying
EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the
terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any
new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC
on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement,
Contractor develops a regularly followed standard procedure of entering into agreements with other
governmental customers within the State of Texas, and offers the same or substantially the same
products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more
favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10)business days
thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date
of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices,
warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the
amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit,
or term that was charged or offered to another entity during the term of this Agreement, does not constitute
more favorable treatment, than Contractor shall, within ten (10)business days, notify H-GAC in writing,
setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation
and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective
retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
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DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
benefits, or terms to H-GAC and the END USER.
EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder,
Proposer or contractor, which are not within bidder's/proposer's control[example; a manufacturer's bid
concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing
charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10)
business days after receipt of an END USER's payment, whichever comes first, notwithstanding Contractor's
receipt of invoice. For sales made by Contractor based on this Agreement,including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an
END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any
order processing charges on any portion of the Agreement actually performed, and for which compensation was
received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER
purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal SpeciFications, Contractor must have the
following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
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DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a
General Aggregate limit of at least two times the Single Occurrence limit for all Products except
Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal
Specifications.
Property Da age or Destruction insurance is required for coverage of End t.Jser owned
equipment while in Contractor's possession, custody or control. The minimum Single Occurrence
limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence
limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of
Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically
and clearly listed on insurance certiFicate(s) submitted to H.-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal,
and for any extensions thereof, plus the number of days/months required to deliver any outstanding
order after the close of the contract period.
c. Original Insurance CertiFicates must be furnished to tl.-GAC on request, showing Contractor as the
insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties
are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC,
a separate insurance certiFicate must be submitted for each such party.
e. tl.-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance
and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore,
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to
cover any order if so requested by the END USER. Contractor shall quote a price to END USER for
provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END
USER's purchase order.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control,
dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to
advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to
determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and
including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
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DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor
Vehicle Board documentation to H-GAC upon request.
Page 4 of 4
DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
HGACBuy
Attachment A
Eventide Inc.
Record&Playback Systems
Contract No.RP07-20
FORM D-OFFERED ITEMS PRICING
Offeror Eventide
Name:
H-GAC
Product Irem Description Offered Price
(Offeror may not change any description or add items)
Code
NexLog 740 base system:3U rack-mountable,Core i3 CPU,2 xlTB fixed-Mount HDDs(RAID 1),1 DVD-RAM Multi-
EE Drive,2 Network Ports(100/1000),Embedded Linux,NexLog software,web-based configuration manager,audio controls& $6,695
amplified speaker on front panel,dual hot-swap 120-240VAC 50/60Hz power supplies,and 1 st year warranty.
EE Integrated 7"Color LCD Touch Screen Display for NexLog 740 $1,084
EE Upgrade 740 to 2x2TB Fixed s/w-RAIDI=2TB storage $833
EE Upgrade 740 to 2x2TB HotSwap RAID I=2TB storage $2,173
EE Upgrade 740 to 4x1TB HotSwap RAID 10=2TB storage $2,412
EE Upgrade 740 to 4x1TB HotSwap RAID5=3TB storage $2,412
EE Upgrade 740 to 2x4TB HotSwap RAID I=4TB storage $3,509
EE Upgrade 740 to 4x2TB HotSwap RAID 10=4TB storage $4,011
EE Upgrade 740 to 4x2TB HotSwap RAID5=6TB storage $4,011
EE Upgrade 740 to 4x4TB HotSwap RAID10=8TB storage $5,183
EE Upgrade 740 to 4x4TB HotSwap RAID5=I2TB storage $5,183
EE Upgrade 740 to 2x2TB HotSwap RAIDI+HotSpare 2TB=2TB storage $2,843
EE Upgrade 740 to 2x4TB HotSwap RAIDI+HotSpare 4TB=4TB storage $4,312
EE Upgrade 740 to 3x2TB HotSwap RAIDS+HotSpare 2TB=4TB storage $4,011
EE Upgrade 740 to 3x4TB HotSwap RAIDS+HotSpare 4TB=8TB storage $5,183
EE Upgrade to 2 x 1TB Solid State Drive Fixed Mt s/w-RAIDI=ITB stor. $4,019
EE Upgrade to 2 x 1TB Solid State Drive Hot Swap h/w-RAIDIATB stor. $5,359
EE Upgrade 740*to 2x1TB HotSwap RAIDIATB storage $1,340
EE Upgrade 740 to 2 DVD-RAM Drives $243
EE Upgrade 740 to 1 Blu-Ray Drive $327
EE Upgrade 740 to 2 Blu-Ray Drives $653
EE Upgrade 740 to 1x1TB Removable HDD+1 DVD-RAM Drive $511
EE Upgrade 740 to 1x1TB Removable HDD+2 DVD-RAM Drives $762
EE Upgrade 740 to 1xRDX(with 1TB Cartridge)+1xDVD-RAM Drive $1,130
EE Upgrade 740 to 1xRDX(with 1TB Cartridge)+2xDVD-RAM Drives $1,373
EE Upgrade 740 to 2xRDX(each w/1TB Cartridge)+1xDVD-RAM Drive $1,800
EE Rack Mount Slides-4 Post,3U(for NexLog 740) $301
EE Rack Mount Slides-2 Post Center Mt.,3U(for NexLog 740) $377
NexLog 840 base system:4U rack-mountable,Core i5 CPU,2x1TB Fixed Mount HDDs(RAID 1),1 DVD-RAM Multi-drive,
EE 2 Network Ports(100/1000),Embedded Linux,NexLog software,web-based configuration manager,audio controls& $13,394
amplified speaker on front panel,dual hot-swap 100-240VAC 50/60Hz power supplies,and 1 year warranty.
EE 7"Color LCD Touch Screen for NexLog 840 $1,084
EE Upgrade 840 to 2x2TB Fixed RAIDI=2TB storage $833
EE Upgrade 840 to 2x2TB HotSwap RAID I=2TB storage $2,173
EE Upgrade 840 to 4x1TB HotSwap RAID 10=2TB storage $2,412
EE Upgrade 840 to 4x1TB HotSwap RAID5=3TB storage $2,412
EE Upgrade 840 to 2x4TB HotSwap RAID I=4TB storage $3,509
EE Upgrade 840 to 4x2TB HotSwap RAID 10=4TB storage $4,011
EE Upgrade 840 to 4x2TB HotSwap RAID5=6TB storage $4,011
EE Upgrade 840 to 4x4TB HotSwap RAID10=8TB storage $5,183
EE Upgrade 840 to 4x4TB HotSwap RAID5=I2TB storage $5,183
EE Upgrade 840 to 2x2TB HotSwap RAIDI+HotSpare 2TB=2TB storage $2,843
EE Upgrade 840 to 2x4TB HotSwap RAIDI+HotSpare 4TB=4TB storage $4,312
EE Upgrade 840 to 3x2TB HotSwap RAIDS+HotSpare 2TB=4TB storage $4,011
EE Upgrade 840 to 3x4TB HotSwap RAIDS+HotSpare 4TB=8TB storage $5,183
EE Upgrade to 2 x 1TB Solid State Drive Fixed Mt s/w-RAID1-ITB stor. $4,019
EE jUpgrade to 2 x 1TB Solid State Drive Hot Swap h/w-RAIDIATB stor. $5,359
EE Upgrade 840*to 2x1TB HotSwap RAIDIATB storage $1,340
EE Upgrade 840 to 2xDVD-RAM Drives $243
EE Upgrade 840 to 1 Blu-Ray Drive $327
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HGACBuy
EE Upgrade 840 to 2 Blu-Ray Drives $653
EE Upgrade 840 to 1x1TB Removable HDD+1xDVD-RAM Drive $511
EE Upgrade 840 to 1x1TB Removable HDD+2 DVD-RAM Drives $762
EE Upgrade 840 to 2x1TB Removable HDD+1xDVD-RAM Drive $1,273
EE Upgrade 840 to 1xRDX with 1TB Cartrid e+1xDVD-RAM Drive $1,130
EE Upgrade 840 to 1xRDX(with 1TB Cartridge)+2xDVD-RAM Drives $1,373
EE Upgrade 840 to 2xRDX each w/1TB Cartrid e+1xDVD-RAM Drive $1,800
EE Rack Mount Slides-4 Post 4U for NexLo 840 301
EE Rack Mount Slides-2 Post Center Mt.4U(for NexLog 840) $448
EE Internal IP Recorder with First 8 G.711 Channels $3,224
EE Additional Internal IP G.711 8-Channel license pack $1,465
EE Internal IP G.729 8-Channel license add-on pack $607
EE 8-Channel Analog Card,8 Ch.Licenses $2,261
EE 16-Channel Analog Card,16 Ch.Licenses $3,350
EE 24-Channel Analog Card,24 Ch.Licenses $5,024
EE MDC1200 Decode license(per Analog Card) $1,507
EE 8-Channel Digital PBX Station Card,8 Ch.Lie. $3,643
EE 16-Channel Digital PBX Station Card,16 Ch.Lie. $5,816
EE 24-Channel Digital PBX Station Card,24 Ch.Lie. $7,989
EE 24-Channel Tl/PRI Passive Tap Card,24 Ch.Lie. $7,712
EE 48-Channel Tl/PRI Passive Tap Card,48 Ch.Lie. $10,852
EE 30-Channel El Passive Tap Card,30 Ch.Lie. $7,712
EE 60-Channel El Passive Tap Card,60 Ch.Lie. $10,852
EE 24-Ch.Tl Terminating(2-Port Card w/1 Port Enabled) $8,700
EE 48-Ch.Tl Terminating 2-Port Card w/2 Ports Enabled $10,852
EE 30-Ch.El Terminating(2-Port Card w/1 Port Enabled) $8,700
EE 60-Ch.El Terminating 2-Port Card w/2 Ports Enabled $10,852
EE Enable 2nd Tl Port on Dual-Port Tl Terminating Card(after initial installation) $2,152
EE Enable 2nd El Port on Dual-Port El Terminating Card(after initial installation) $2,152
EE 24 port GPIO PCI Card/Cable Kit(non-isolated;24 inputs) $666
EE Single-port 100/1000 PCI Network Card for NexLog 740 or NexLog 840 $157
EE Dual Port 100/1000 PCI-X Network Card(for NexLog 740 or NexLog 840;Max QTY 1) $301
EE Dual Port 100MB/1000 PCIe Network Card for NexLog 740 only-Max QTY 1 $410
EE Quad Port 100/1000 PCIe Network Card(for NexLog 740 only-Max QTY 1) $745
EE IRIG-B Time Synchronization Universal PCI Card $2,085
EE 9 ft.Cable for Analog or Digital PBX card: $77
EE 23 ft.Cable for Analog or Digital PBX card: $104
EE Quick Install Kit(9 ft.Cable+"66"Block): $184
EE uick Install Kit 23 ft Cable+"66"Block $251
EE 8 pack MediaWorks PLUS(web)concurrent license $833
EE 8 pack MediaWorks MOBILE web concurrent license $415
EE Eventide MP3 option for MediaWorks PLUS $163
EE Pack and Go Feature-For Export of Incident along with Packaged Windows-installable Player $415
EE MediaWorks PLUS option with French GUI(text from Google) $1,252
EE MediaWorks PLUS option with Spanish GUI text from Google) $1,252
EE MediaWorks PLUS with other language GUI(text from Google) Call for Info
EE Enhanced Reporting Package $833
EE Geo Search/View(Requires Lat/Lon,MW PLUS,Google Maps) $833
EE NexLog Access Bride License $2,927
EE Eventide Encryption-At-Rest option $833
EE Central Archive License for archive to another NexLog) $1,398
EE Additional Network Archive License(1 is included): $209
EE Windows User Tracker software option $498
EE DTMF Selective Recording Metadata License $1,398
EE Enhanced Active Directory Integration-Remote Technical Support on-Discountable List
EE Quality Factor Software:FIRST 20 Agents(Requires MediaWorks PLUS) $2,093
EE Quality Factor Software:20 Agent ADD-ON license pack $1,666
EE Quality Factor Advanced Evaluation Scheduling Option(for QA recording selection based on available ANVALI or CAD $1,336
metadata in the recorder's database
EE Windows Screen Recording(First 5 PCs on recorder) $2,093
EE Windows Screen Recording 5 additional PCs on recorder $419
EE Linux Screen Recording(First 5 Linux PCs) $3,768
EE Linux Screen Recording(5 additional Linux PCs) $837
EE Integration to Mitel 3300 Secure Recording Connector(SRC) $3,764
EE Integration to ATOS/Uni "X ert"turret real-time metadata from master turret $2,927
EE Eventide Interface license for Cisco Built-in-Bridge(BiB) $1,671
EE Integration to Motorola ASTRO 25 s stem-Initial ASTRO version-SINGLE AIS $10,044
EE Integration to Motorola ASTRO 25 system-Initial ASTRO version-per ADD'L AIS $2,508
EE Integration to Motorola ASTRO 25 system-Subsequent ASTRO version-SINGLE AIS $3,345
EE Integration to Motorola ASTRO 25 system-Subsequent ASTRO version-per ADD'L AIS $1,671
EE DVSI4-Port Networked Decoder Unit for P25,DMR,MOTOTRBO,NXDN $8,374
EE DVSI2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 8 $2,512
EE Mandatory Remote Install Prep for P25 or TETRA; on-Discountable List
EE Integration to Harris VIDA P25 SR10A/SR10A1(or later)system via VNIC $7,532
EE Integration to Harris VIDA P25-Upgrade to Subsequent VIDA version $3,345
EE P25 Encryption Key Management Option(non-OTAR) $1,671
EE OTAR Integration to Harris VIDA P25 KMF-Initial Harris KMF version $16,748
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DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
HGACBuy
EE OTAR Integration to Harris VIDA P25 KMF-Upgrade to subsequent KMF version $4,183
EE Location Capture&Display for Harris P25 SR10A.3/later(requires use of Harris P25 radios w/GPS and any required Harris $2,927
licensing)
EE DVSI4-Port Networked Decoder Unit for P25,DMR,MOTOTRBO,NXDN $8,374
EE DVSI2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 8 $2,512
EE Mandatory Remote Install Prep for P25 or TETRA; on-Discountable List
EE Integration to Tait P25 trunked system via ISSI $7,532
EE P25 Encryption Key Management Option(non-OTAR) $1,671
EE OTAR Integration to Tait KMF $16,748
EE DVSI4-Port Networked Decoder Unit for P25,DMR,MOTOTRBO,NXDN $8,374
EE DVSI2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 8 $2,512
EE Mandatory Remote Install Prep for P25 or TETRA; on-Discountable List
EE Integration to EF Johnson P25 system(Requires EF Johnson JEM Server) $2,927
EE Integration to Motorola MotoTRBO controllerless system(IP Site Connect,Capacity Plus or Linked Capacity Plus)via $2,927
Network A lications Interface-Voice(NAI-Voice)
EE DVSI4-Port Networked Decoder Unit for P25,DMR,MOTOTRBO,NXDN $8,374
EE DVSI2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 8 $2,512
EE Integration to Motorola MotoTRBO Capacity MAX System via Motorola Voice and Radio Command(VRC)Gateway(s) $7,532
EE DVSI4-Port Networked Decoder Unit(for P25,DMR,MOTOTRBO,NXDN) $8,374
EE DVSI2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 8 $2,512
EE Integration to Harris/Tait DMR Tier 3,DMR Tier 2,or MPT-IP system $2,927
EE Location Capture&Display for Harris/Tait DMR Tier III(requires use of Tait DMR radios w/GPS and any required $2,927
Harris/Tait licensing)
EE DVSI4-Port Networked Decoder Unit(for P25,DMR,MOTOTRBO,NXDN) $8,374
EE DVSI2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 8 $2,512
EE Integration to Motorola DIMETRA IP system,Non-EEE,Initial 8.x or 9.x release $10,044
EE Integration to Motorola DIMETRA IP system,Non-EEE,Subsequent 8.x or 9.x version $5,857
EE Mandatory Remote Install Prep for P25 or TETRA;(Non-Discountable) List
EE Integration to ICOM IDAS Conventional system $2,927
EE DVSI4-Port Networked Decoder Unit(for P25,DMR,MOTOTRBO,NXDN) $8,374
EE DVSI2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 8 $2,512
EE Integration to Kenwood NexEdge Trunking System(Type C,Gen.I Trunking) $2,927
EE DVSI4-Port Networked Decoder Unit(for P25,DMR,MOTOTRBO,NXDN) $8,374
EE DVSI2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 8 $2,512
EE Smartnet Integration to customer's GenSpout(requires Analog Recording Channels;Also Requires Clear Analog Audio to $4,187
Recorder for Each Trunked RE Channel)
EE SmartZone Integration to customer's GenSpout(requires Analog Recording Channels;Also Requires Clear Analog Audio to $4,187
Recorder for Each Trunked RE Channel)
EE Metadata Integration for Dispatch,RoIP,and Other Systems $2,927
EE 911 NENA ANLALI CAD Spill Integration-USA/Canada only $2,927
EE 45 Baud Analog TTY Decoder for TDD/SMS-to-911(for Analog channels) $1,671
EE NG911 SIPREC License;Requires IP Channels-USA/Canada only $1,671
EE NG911 Logging Web Service License-USA/Canada only $3,350
EE Solacom i3 Data Handling License $2,927
EE Eventide Interface license (audio)for West VIPER 911 IP/SPAN Recording $2,089
EE Eventide Interface license(audio)for Motorola VESTA 911 IP/SPAN Recording $2,089
EE SMS Recording Enabler for IP channels(for West VIPER,Emergitech) $1,671
EE SMS-only IP Channel License(24 Pack)for Motorola VESTA $1,671
EE SMS-only IP Channel License(24 pack)for Zetron MAX Call Taking $1,671
EE 9-1-1 SMS/TXT Capture Enabler(non-SIPREC) $1,336
EE 911 Non-i3 SIP Trunk Lie.(Requires IP Channels) $1,671
EE Motorola Spillman CAD Integration $3,345
EE Voice Replay Synchronization for Thales TopSky $7,532
EE ED137B/ED137C-Part4 IP-based ATC License(Requires IP Channels) $2,927
IP-based ASTERIX ATC/ATM Data Recording,with Remotely Controllable Retransmission to Customer's Display Endpoint.
EE Remote Control is via MediaWorks Plus software or Eventide NexLog API(also requires IP Channels for ASTERIX Data $6,695
Capture).
EE ATC Impound,Quarantine and Legal Audit Enabler for MediaWorks Plus $2,927
EE ATC Quarantine Storage License(1 required per Quarantine storage location) $833
EE Pack and Go Feature-For Export of Incident along with Packaged Windows-installable Player $415
EE NexLog API Access License:Control and Tagging $2,927
EE NexLog API Access License:Replay and Live Monitoring $2,927
EE DVSI4-Port Networked Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 3 $8,374
EE DVSI2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN)-Max 8 $2,512
EE Upgrade one 740 power supply to-48VDC at time of initial order(NexLog 740 only) $636
EE Upgrade both 740 power supplies to-48VDC at time of initial order(NexLog 740 only) $1,273
EE Upgrade NexLog 740 for Vehicular or Shipboard usage(extra internal brackets) $209
EE Mandatory license fee for Initial System Release-for end-customer with ONE AIS(or FIRST AIS)(Non-Discountable;must List
The pre-paid)
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HGACBuy
LL Mandatory license fee for Initial System Release-for same end-customer,PER EACH AIS BEYOND FIRST AIS(Non- List
Discountable;must be pre-paid)
EE Mandatory license fee for Upgrade to a subsequent System Release-for end-customer with ONE AIS(or FIRST AIS)(Non- List
Discountable;must be pre-paid)
Mandatory license fee for Upgrade to a subsequent System Release-for same end-customer,PER EACH AIS BEYOND
EE FIRST AIS Non-Discountable;must bepre-paid) List
EE Enhanced Active Directory Integration-Remote Technical Support(Non-Discountable) List
EE Mandatory Remote Install Prep for P25 or TETRA;(Non-Discountable) List
EE Optional On-Site Assistance for P25;USA;2 days(Non-Discountable) List
EE End-User Technical Training at Eventide for 1-6 Trainees(price is per day) $837
EE Factory Acceptance Testing at Eventide(price is per day) $837
EE Eventide Engineer on-site-USA destinations(price is per day) $1,633
EE Eventide Engineer on-site-Non-USA destinations(price is per day) Call for Info
EE 19"LCD,Keybd,and Mouse(for control without integrated front panel LCD) $917
EE lU Rackmt 8-Port KVM w/Drawer+Keyboard+19"LCD $2,093
EE 2-Sided DVD-RAM Disc(9.4GB Total) $17
EE 10-Pack Blu-Ray Re-Writable Bare Disc $41
EE Spare 1TB Hard Drive for Removable Archive $901
EE Rack-Mt.1500VA/940W 120V APC SmartUPS-50 Min. $1,671
EE Rack-Mt.750VA/480W 120V APC SmartUPS-10 Min. $833
EE TeraStation Rackmt NAS:4 x 1TB RAIDS(3TB Storage) $4,396
EE TeraStation Rackmt NAS:4 x 2TB RAIDS(6TB Storage) $5,820
EE TeraStation Rackmount NAS:4 x 4TB RAIDS(12TB Storage) $11,388
EE External USB Modem for Remote Diagnostics $134
EE Label Printer for DVD-RAM or Blu-Ray $272
EE Smart Label Printer Refill(Box of 2) $12
EE Windows PC with 19"LCD,KB,Mouse and DVD-RAM drive(no media) $3,345
EE Windows PC with 19"LCD,KB,Mouse and Blu-ray Drive(no media) $3,010
EE Windows PC with 19"LCD,KB,Mouse and RDX Bay(no media) $3,345
EE 42U SmartRack Premium Enclosure with plexiglass front door $3,848
EE Spectracom NetClock with GPS Antenna $9,781
EE Monitor Headset $63
EE 8-Channel Analog Card w/8 Ch.Lie. $2,261
EE 16-Channel Analog Card w/16 Ch.Lie. $3,350
EE 24-Channel Analog Card w/24 Ch.Lie. $5,024
EE 8-Channel Digital PBX Card w/8 Ch.Lie. $3,643
EE 16-Channel Digital PBX Card w/16 Ch.Lie. $5,816
EE 24-Channel Digital PBX Card w/24 Ch.Lie. $7,989
EE 24-Channel Tl Passive Card w/24 Ch.Lie. $7,712
EE 48-Channel Tl Passive Card,w/48 Ch.Lie. $10,852
EE 30-Channel El Passive Card w/30 Ch.Lie. $7,712
EE 60-Channel El Passive Card w/60 Ch.Lie. $10,852
EE 24-Ch.Tl Terminating(2-Port Card w/l Port Enabled) $8,700
EE 48-Ch.Tl Terminating(2-Port Card w/2 Ports Enabled) $10,852
EE 30-Ch.El Terminating(2-Port Card w/l Port Enabled) $8,700
EE 60-Ch.El Terminating(2-Port Card w/2 Ports Enabled) $10,852
EE 24 port GPIO PCI Card/Cable Kit(non-isolated;24 inputs) $1,080
EE IRIG B(1)Time Synchronization Universal PCI Card $2,085
EE Single-port 100/1000 PCI Network Card for NexLog 740 or NexLog 840 $157
EE Dual Port 100/1000 PCI-X Network Card(for NexLog 740 or NexLog 840;Max QTY 1) $301
EE Dual Port 100MB/1000 PCIe Network Card(for NexLog 740 only-Max QTY 1) $410
EE Quad Port 100/1000 PCIe Network Card(for NexLog 740 only-Max QTY 1) $745
EE Spare NexLog 740 Motherboard with i3 CPU,Cooler and 4GB DIMM(for S/N 3000+) $1,549
EE Spare NexLog 740 Power Supply Module,120/240 VAC $452
EE Spare NexLog 740 Power Supply Assembly with 2 Modules,120/240 VAC $965
EE Spare 4GB DIMM Memory for NexLog 740(S/N 3000+)or NexLog 840(S/N 3000+) $107
EE Spare D CPU for NexLog 740(S/N 3000+) $469
EE Spare CPU Fan for NexLog 740(for S/N 3000+with D CPU) $17
EE Spare NexLog 740 Chassis Fan $33
EE Spare 1 TB HDD for NexLog RAID Array $901
EE Spare 2TB HDD for NexLog RAID Array $1,102
EE Spare 4TB HDD for NexLog RAID Array $1,395
EE Spare 4-port MegaRaid PCIe Card+Cache Vault+Cache Protection Module $2,244
EE Spare 4-port MegaRaid PCIe Hardware RAID Controller(no Cache Vault) $1,574
EE Spare Cache Vault+Cache Protection Module(ONLY)for MegaRaid PCIe Card $670
EE Spare Cache Protection Module(ONLY)for MegaRaid PCIe RAID Card w/Cache Vault $327
EE Spare DVD-RAM MultiDrive(no Media) $243
Page 4 of 5
DocuSign Envelope ID:37328E25-7DFB-4AAC-AAB7-01DAE739937B
HGACBuy
EE Spare B1uRay Drive(no Media) $228
EE Spare RDX Bay(no Media Cartridge) $469
EE Spare 500GB RDX Media Cartridge(for use in RDX Archive Drive) $419
EE Spare 1 TB RDX Media Cartridge(for use in RDX Archive Drive) $670
EE Spare 2TB RDX Media Cartridge(for use in RDX Archive Drive) $837
EE Spare 1TB Hard Drive(3.5")for Removable Archive $901
EE Spare DVSI 4-Port Networked Decoder Unit(for P25,DMR,MOTOTRBO,NXDN) $8,374
EE Spare DVSI 2-Port USB Decoder Unit(for P25,DMR,MOTOTRBO,NXDN) $2,512
EE Spare NexLog 840(S/N 3000+)Single Board Computer with i5 CPU,4GB RAM and FAN $2,440
EE Spare NexLog 840 Power Supply Module,120/240 VAC $536
EE Spare NexLog 840 Power Supply Assembly with 2 Modules,120/240 VAC $1,323
EE Spare 4GB DIMM Memory for NexLog 740(S/N 3000+)or NexLog 840(S/N 3000+) $107
EE Spare i5 CPU for NexLog 840(S/N 3000+) $663
EE Spare CPU Fan for NexLog 840(S/N 3000+with i5 CPU) $182
EE Spare NexLog 840 Chassis Fan $42
EE Spare 1 TB HDD for NexLog RAID Array $901
EE Spare 2TB HDD for NexLog RAID Array $1,102
EE Spare 4TB HDD for NexLog RAID Array $1,395
EE Spare 4-port MegaRaid PCIe Card+Cache Vault+Cache Protection Module $2,244
EE Spare Cache Vault+Cache Protection Module(ONLY)for MegaRaid PCIe Card $670
EE Spare 4-port MegaRaid PCIe Hardware RAID Controller(no Cache Vault) $1,574
EE Spare Cache Protection Module(ONLY)for MegaRaid PCIe RAID Card w/Cache Vault $327
EE Spare DVD-RAM MultiDrive(no Media) $243
EE Spare B1uRay Drive(no Media) $228
EE Spare RDX Bay(no Media Cartridge) $469
EE Spare 500GB RDX Media Cartridge(for use in RDX Archive Drive) $419
EE Spare 1 TB RDX Media Cartridge(for use in RDX Archive Drive) $670
EE Spare 2TB RDX Media Cartridge(for use in RDX Archive Drive) $837
EE Spare 1TB Hard Drive(3.5")for Removable Archive $901
Page 5 of 5
MRH
NORTH RICHLAND HILLS
(APPENDIX UTOTHE PURCHASING POLICY AND PROCEDURES MANUAL)
CITY OF NORTH R|CMLANDHILLS
COOPERATIVE PURCHASE CUSTOMER AGREEMENT
This Cooperative Purchase Customer Agreement("Customer Agreement") is entered into by and between Vista Com("Vendor")and the City of
North Richland Hills,("Cvstvmer"vr"Authorized ousmmnr').a Texas government entity,and u Customer authorized tu purchase gvndooroom|cee
pumuanttothe enthe HGACy(^CoopenuUwaEnd�^) and Vendor, CnntnomNo. \RPOr-2O#. as amended, (the"Agreement") withan
expiration date of 06/30/2023.This Customer Agreement includes and shall be governed by(i)the terms and conditions of the Agreement,which are
incorporated herein uy reference and available online otNtps://www.hgavbuy.org/getmed|a/uc9beree-112b'47eO-a11e-*7d4ec280na/EvenUUe.pdfur
upon request from Vendor, (iii) the attached Vendor Quote/Purchase Order No. HOU004330&HOU004331, if applicable,and(iii)the Government
Contract and Purchasing Rider for Contracts with the City of North Richland Hills Contmcts, if applicable, all of which are attached hereto and/or
|nonqpombyd herein by reference. Authorized Customer io eligible and desires to purchase pursuant tothe
terms and conditions uf the Agreement oe the Cooperative Entity may specify hnmdmotot f this Customer
Agreement.To ensure goods and services are provided directly to the Customer,the Cooperative Entity will only be responsible for services provided
m the Cooperative Entity will not beresponsible for payments for services provided mmeCustomer.
The Authorized Customer agrees 0o the terms and conditions nf the Agreement as applicable and as authorized by law. The Authorized Customer
hereby agrees that it is separately and solely liable for all obligations and payments for equipment,products and services provided hereunder.Vendor
agrees that Customer shall be entitled to the same rights and protections under the law afforded to the Cooperative Entity under the Agreement, as
applicable,as if Customer had entered into the Agreement. Except in the event of gross negligence or intentional misconduct,Customer's liability shall
not exceed the amount paid by Customer under this Customer Agreement for the proceeding twelve(12) month period.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, hard copy or
electronic, involving transactions relating to this Customer Agreement necessary to determine compliance herewith, 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.
Purchase Price-Payments under this Customer Agreement shall not exceed $80,903("Purchase Price").
Term-The Term of this Customer Agreement("Term")shall be for one of the following as selected below(Select the type nf contract that app|ien):
Z Single Purchase Contract—The Term shall not exceed one (1) year, and this Customer Agreement shall be for the purchase nr goods u,
services as specified and quoted by the Vendor,and the Purchase Price shall not exceed the budgeted amount for Customer's current fiscal year for
the applicable goods and services.
O Supply/AsNeeded Contract—The Term shall be effective as of October 1"and shall expire on September 301h at the end ofFYz1'22 This
Cuommerxgeementohaxb*for mu|U�epumh000eof goods oroemioeennonao needed basis,h m—nm�heoamevendo,unde/thooamemon� and
ohaUn�exceed the Uudg�edamount for Customer's current�eoa|year for the applicable goods and oamioeo. ~'
O Multi-Year Contract—The Term shall be for Number of years year(s)expiring on Expiration Date.This Customer Agreement may be renewed
for Number of Renewals. Customer Agreement shall be with a single vendor for products and services. If the amount of expenditures under this Multi-
Year Contract equals or exceeds$50,000 in the aggregate,City Council approval is required. In the event the City does --�appmpriataouffi fu
nds
to current m Multi-Year Contract tmm ut the end of any such
fiscal year without penalty.
u Emergency Purchase—Purchases that are necessary to address a public calamity, because or unforeseen damage topmperortopmk+�
the pubUcheaKho/nufe�wh theQ ability boeme the public would be impaired if�epumhaoe were not made immadiato|y Eme�e'^cypurchases
must meet the requirements of Local Government Code 252.022.and must be ratified byCity Council if the purchase iou5V.UO or more.
(Government Rider Select if Vendor has additional terms and conditions that apply to this purchase)
O Government Contract and Purchasing Rider for Contracts with the City m,North Richland Hills, Texas—|f this purchase contains
additional vanne and conditions from the Vendor, other than those set forth in the Agreement, the Vendor shall separately execute the
Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills,Texas("Government Rider").Such applicable
terms and conditions as set forth in the Government Rider shall oumamedn any conflicting terms of the Vendor's terms and conditions,and
eunhGovommentRidmrohaUoontm|.TheGovemmentR|derioaUaohedhen�n. muo,pnnoteUheminby��enceandm~deupa�of m|n
Cu�nmerAgreementfnronpurpooao.
The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agnaemen� bind the mnpo��epany
ondthuttheoxwuuhnnanUpa�onnan000fth�Cu�omerAgemmanLhanbeendu|yau\knhzodbythenaope�|vopauy `This Cu�omerAgpaement'
and any amendment hereto, may be executed in counterparts, and electronically signed, 000nnnd, digitally signed and sent viaelectronic mail and
`
such signatures shall have the same effect ou original manual signatures,
Each party has caused this Customer Agreement to be executed by its duly authorized representative on this day of 20
[Signature Page Follows]
ACCEPTED AND AGREED:
NRH Cooperative Purchase Customer Agreement,Page 1nf2 CA-CONTRACT NO.
Vendor Name: ViotaCom � -
CITY OF NORTH RICHLAND HILLS: Vist f" om:_
APPROVED:I certify that funds are currently available By:
for this purchase. Name:
0 (Check the box if$3,000 or less) Title:
%11.
By: Date:
Scott Kendall,Purchasing Manager
Department Director:
By:
Printed Name:
Department:
APPROVED:
By: Date:
Mark Hindman,City Manager
Or Designee:
By: Date:
Name:
Title:
ATTEST:
By:
Alicia Richardson,City Secretary/Chief
Governance Officer
By:
Traci Henderson,Assistant City Secretary
NRH City Council Action: Y 11 N 0
Date Approved:
Agenda Item No:
Ord/Res No.
APPROVED TO FORM AND LEGALITY:
By:
Maleshia B.McGinnis,City Attorney
By:
Thomas McMillian,Assistant City Attorney
NRH Cooperative Purchase Customer Agreement,Page 2 of 2 CA-CONTRACT NO. PUR0002 2022-0107
Vendor Name: VistaCom
.............. ............
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Wednesday,January 05, 2022
North Richland Hills Police
Nick Burns
4301 City Point Dr,
North Richland Hills,TX 76180
NBurns@NRHTX.com
Dear Nick,
Thank you for allowing Vista Com to prepare a quotation for you recording solution. Vista Com has over a 25 year history of
providing public safety recording solutions throughout the region. We partner with the best OEM's in the industry to delivery the
latest technology to you and we back the solution with local support and factory engineering.
Within this quotation you will find three key areas that describe the solution.
• Hardware-this is the physical components to be installed at your site.
® Software-each solution requires software that is licensed to you for your recorder.
• Services - items that are one time charges and represent labor and support for your solution.
The link details all areas of your quotation that we have designed for you. This quotation is based upon given facts and
knowledge of your requirements passed to us by you and your organization. As such if we determine that the environment is
different than what we have designed we will promptly edit the proposal for your presentation.
Important Note-the point at which the recorder equipment connects to the customer equipment is referred to as the
demarcation point. The customer and/or its vendors are responsible for any required connections to this demarcation point
such as cabling, equipment programming, or equipment relocation.
If you approve of this quotation please indicate so within the link. By accepting this quotation you represent your authorization
of your entity and legally bind your agency to the terms of this sales contract.
Kind Regards,
Robin Clevenger
Regional Sales Manager
Vista Com
MEMEMEMEMEN
Eventmide
Page 2 of 8
Quote#HOU004330 v1
THE SMART PGRCHASIHG SOLUTION
Vista Com Proprietary and Confidential
y
FAA n
Vista
Disclosures
All order cancellations are subject to a 35% restocking charge once order has been placed. Your solution is custom built
for your environment. Vista Com will make every attempt to modify changes once purchase has been placed however
the customer is ultimately responsible for any financial implications for order changes after the order is placed.
Solution Design -we make every attempt to ensure the attached quote is exact and matches your requirements. Please
pay special attention to our description of goods and services to ensure it matches your requests. If Vista Com inspects
your site location and determines that our solution does not match your communicated requirement, we will promptly
revise this quote.
Customer Demarcations -The point at which the recording equipment is connected to the customer equipment is termed
"demarcation point". The demarcation point can be a physical cable connection to a demarcation block or it can be a
network cable connected to a customer network switch. Due to vendor and customer liabilities it is accepted that Vista
Com is responsible for cabling and recorder connection from the demarcation point and the customer is responsible for
all cabling, configuration, and coordination for recorded devices to the demarcation block.
Install Guide-Vista Com requires information about your network and user environment before installation of the
recording solution. This information includes necessary information proprietary to the customer such as network
addresses, user names/passwords, channel assignments and user rights. It is understood that the customer will answer
this proprietary information to Vista Com prior to installation in order for the services to be conducted quickly and
efficiently.
By acceptance of this offer you accept the disclosures above as part of this agreement.
® Page 3 of 8
Quote#HC7U00433Q v1
VAA;;NwEventmide
Vista Cam Proprietary and Confidential
k � r
V'Ista C 0' M
NRH Primary Site - Eventide DX Upgrade Quote
Prepared by: Prepared for: Quote Information:
Vista Corn North Richland Hills Police Quote#:H00004330
Robin Clevenger 4301 City Point Dr, Version:1
281-516-9800 ext 201 North Richland Hills,TX 76180 Delivery Date:01/05/2022
Fax(281)518-7056 Nick Burns Expiration Date:01/31/2022
robin@vistacomtx.com NBurns@NRHTX.com
(817)427-6236
lobes.Ca'm�&
M.
Vista Com is proposing to upgrade/replace the existing Eventide Nexlog 740 recorder that is 6 years old with the new Eventide
DX recorder equipped with recording the following: (48) analog, (56) IP for Cisco phones, (15)screen licenses, ANI/ALI, Geo
Mapping, Quality,The proposal reflects HGAC RP07-20.
NexLog 740DX NexLog 740DX Hardware Bundle $14,906.00 $14,906.00 $12,482.00 $12,482.00
Hardware NexLog 740DX Base
Bundle Hardware Configuration
NexLog 740 DX-Series Base System 1
NexLog 740 DX-Series base
system: 3U rack-mountable,
Care i5 CPU, 16GB DDR4
RAM, 2 x1TB fixed-Mount
HDDs (RAID 1), 1 Blu-ray
Multi-Drive, 2 Network Ports
(100/1000), Embedded Linux,
NexLog DX-Series software,
web-based configuration
manager, dual hot-swap 120-
240VAC 50/6OHz power
supplies. Requires ongoing
Eventide DX Software Update
Subscription (DXSUS)for
access to critical DX-Series
Software & Security Updates.
Upgrade NexLog 740 DX-Series to 2x4TB Hot 1
Upgrade NexLog 740 DX-
Series to 2x4TB HotSwap
RAID1=4TB storage
Integrated 7"Color LCD Touch Screen Display 1
for NexLog 740
Integrated 7" Color LCD Touch
Screen Display for NexLog
740 DX-Series
Page 4 of 8
Quote#HOU004330 v1
VA;;@wEventide
Vista Corn Proprietary and Confidential
Rta r � 5 �
JJ 1 i u
'M V
ista
{
D� I
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Y
Rack Mount slides-4 post,3U Chassis(for 1
NexLog 740)
Rack Mount slides -4 post, 3U
(for NexLog 740)
Quick Install Kit(23 ft.Connector Cable& 2
Punch
Quick Install Kit (23 ft.
Connector Cable & Punch
Block)
Dual Port PCI-E Network Card(For 740DX) 1
2 Port Intel Ethernet Server
Adapter for 740DX
NexLog 740DX NexLog 740DX Channel Bundle 1 $27,645.00 $27,645.00 $18,307.00 $18,307.00
Channel Eventide User Channel
Bundle Activation Bundle Provides
TDM, VoIP,RoIP Licensing for
Playback
24-Channel Analog PCIe(PCI Express)Card, 2
24 Ch.Licenses
24-Channel Analog PCIe (PCI
Express) Card, 24 Ch.
Licenses
Internal IP Recorder w/8 G.711 Channel 1
Licenses
Internal IP Recorder w/8
G.711 Channel Licenses
Add-on license pack(internal IP recording 6
engine)
Add-on license pack (internal
IP recording engine)with 8
Channel Licenses for G.711
RTP/RoIP/NG911
24 port GPIO PCI Card/Cable Kit,non- 1
isolated
24 port GPIO PCI Card/Cable
Kit, non-isolated (for NexLog
740 DX-Series recorder only)
Nexlog Nexlog Storage&Power Bundle 1 $525.00 $525.00 $525.00 $525.00
Storage& Eventide User Storage&
Power Bundle Power Bundle
TRIPP LITE UPS 1500VA Rackmount 1
TRIPP LITE UPS Smart
1500VA 90OW Rackmount
Tower LCD AVR
Eventide
® Page 5 of 8
Quate#HOU00433(3 v1
VAMPYY
Vista Corn Proprietary and Confidential
i��pr����,''�✓ ' n �r a�'` „$ ! ��+rP�t�1 s
a � �✓ U yo i t m®® ®® m
3
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OM
Imigull M ; i Iii;
NexLog 740DX NexLog 740DX Software Bundle 1 $16,710.00 $16,710.00 $8,358.00 $8,358.00
Software Eventide User Software
Bundle Bundle and Licensing
Network Archive License(1 is included with 1
NexLog
Network Archive License (1 is
included with NexLog base
system)
MediaWorks Plus Licenses 4
MediaWorks Plus (Web)
Concurrent Access for 8 Users
Geographic Search/View(Requires Lat/Lon, 1
MW Plus,
Geographic SearchNiew
(Requires Lat/Lon, MW Plus,
Google Maps)
Screen Recording System License w/5 PC 1
Licenses
Screen Recording System
License w/5 PC Licenses
(Note: Due to the potential for
increase storage demand we
highly recommend upgrading
base hard drive sizes to min
2TB)
Screen Recording Expansion License For 5 2
PC's
Screen Recording Expansion
License For 5 PC's
Call Evaluation base-level software(20 1
Agents,2
Call Evaluation base-level
software (20 Agents, 2
Evaluators)
Call Evaluation base-level software(add 20 1
Agents
Call Evaluation base-level
software (add 20 Agents, 2
Evaluators)
Page 6 of 8
Quote#FIC?9J004330 v1
jj���� Eventifflde
Vista Com Proprietary and Confidential
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w
i'V c
sta
NENA ANI/ALI CAD Spill Integration of SMDR 1
NENA ANI/ALI CAD Spill
Integration SMDR
License,Speech to Text 1
Speech to Text Licensing
(Experimental)
Quality Assurance"Word
Factor" option (May Help to
Identify Candidate Calls for
Evaluation; US English only,
4 Experimental/Free)
1 mim
mom
Praf Sery Prof Service Installations Bundle 1 $7,579.00 $7,579.00 $7,579.00 $7,579.00
Install Bundle Recorder Solutions Installation
Services Includes Site
Installation Guides,;Project
Management Pre
Configuration;, Onsite
Installation,System
Integrations, and De-trash
Prof Support Support Product and Configuration Bundle 1 $3,695.00 $3,695.00 $3,695.00 $3,695.00
Bundle Support For Recording
Solution During Period of OEM
Materials Warranty.Includes
Software Support, Configration
Support,Time and Materials,
and all On-Site Maintenance
Prof Service Prof Service Training Bundle 1 $2,650.00 $2,650.00 $2,650.00 $2,650.00'
Training Professional Services, Training
Bundle Programs Designed To Your
Solution. Includes Materials,
Training Class, and Follow Up
Support
13,92400 $13924.00
OEM=
Vista Com Discount 1 ($3,900.00) ($3,900.00) ($3,900.00) ($3,900.00)
Customer Discount
($3,90000) ($3,900.00)
® Page 7 of 8
vqm@wEvenflde Quote#HOU004330 v1
Vista Corn Proprietary and Confidential
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e YI aw�gq(i r„�
r
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: 111;
MIMI
Prof.Services 1st Ye7maintenance
ance Contract 7!77!7 Vista
$7,890.00 $7,890.00
Maintenance 1st y contract
$7,890,00 1 $7,890.00
r
Hardware $31,314.00
Software $8,358.00
Services $13,924.00
Discount ($3,900.00)
Maintenance Contract $7,890.00
Total $57,586.00
m
Net 30 1 None $57,586.00
Taxes,shipping,handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
Signature Date
INIMEMEEN
® Page 8 of 8
Quote#HC7U004330 v1
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Vista Corn Proprietary and Confidential
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�i /r�i!!�/trt���r-rosy,� (�' ., �x d�}. ,.�,f� �� -:r/G/„ r i� //ri J%r/i�/ii�iJ/ii�1�///// ��ii//i//�� //iii�„�i f l✓ff J��ry.
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6
I
Monday, November 15, 2021
North Richland Hills Police
Nick Burns
4301 City Point Dr,
North Richland Hills,TX 76180
NBurns@NRHTX.com
Dear Nick,
Thank you for allowing Vista Com to prepare a quotation for you recording solution. Vista Com has over a 25 year history of
providing public safety recording solutions throughout the region. We partner with the best OEM's in the industry to delivery the
latest technology to you and we back the solution with local support and factory engineering.
Within this quotation you will find three key areas that describe the solution.
® Hardware-this is the physical components to be installed at your site.
• Software-each solution requires software that is licensed to you for your recorder.
® Services - items that are one time charges and represent labor and support for your solution.
The link details all areas of your quotation that we have designed for you. This quotation is based upon given facts and
knowledge of your requirements passed to us by you and your organization. As such if we determine that the environment is
different than what we have designed we will promptly edit the proposal for your presentation.
Important Note-the point at which the recorder equipment connects to the customer equipment is referred to as the
demarcation point. The customer and/or its vendors are responsible for any required connections to this demarcation point
such as cabling, equipment programming, or equipment relocation.
If you approve of this quotation please indicate so within the link. By accepting this quotation you represent your authorization
of your entity and legally bind your agency to the terms of this sales contract.
Kind Regards,
IOLL-- NQAIM�&
Robin Clevenger
Regional Sales Manager
Vista Com
�ri�( t()(3;' �/,��r�,✓��®i���`I�� 1 �ii'!°'I�fs�d4�;`I�®�® ,,nva .s.i.I�!u� ®� ,
rr i r 6
i'V cum
sta
Disclosures
All order cancellations are subject to a 35% restocking charge once order has been placed. Your solution is custom built
for your environment. Vista Com will make every attempt to modify changes once purchase has been placed however
the customer is ultimately responsible for any financial implications for order changes after the order is placed.
Solution Design -we make every attempt to ensure the attached quote is exact and matches your requirements. Please
pay special attention to our description of goods and services to ensure it matches your requests. If Vista Com inspects
your site location and determines that our solution does not match your communicated requirement,we will promptly
revise this quote.
Customer Demarcations -The point at which the recording equipment is connected to the customer equipment is termed
"demarcation point". The demarcation point can be a physical cable connection to a demarcation block or it can be a
network cable connected to a customer network switch. Due to vendor and customer liabilities it is accepted that Vista
Com is responsible for cabling and recorder connection from the demarcation point and the customer is responsible for
all cabling, configuration, and coordination for recorded devices to the demarcation block.
Install Guide-Vista Com requires information about your network and user environment before installation of the
recording solution. This information includes necessary information proprietary to the customer such as network
addresses, user names/passwords, channel assignments and user rights. It is understood that the customer will answer
this proprietary information to Vista Com prior to installation in order for the services to be conducted quickly and
efficiently.
By acceptance of this offer you accept the disclosures above as part of this agreement.
MMEMMEMSEEM
® Page 3 of 7
Quote B#HO11004331 v1
VAA;@WEvenflmde
Vista Com Proprietary and Confidential
6
r�
d�
9li f7�
VE141a CO, M
lyrm i
NRH PD - Revised Disaster Recovery - Eventide 740 Recorder Quote
Prepared by: Prepared for: Quote Information:
Vista Cam North Richland Hills Police Quote#:H00004331
Robin Clevenger 4301 City Point Dr, Version:1
281-516-9800 ext 201 North Richland Hills,TX 76180 Delivery Date:11/15/2021
Fax(281)518-7056 Nick Burns Expiration Date:01/31/2022
f
robin@vistacomtx.com NBurns@NRHTX.com
(817)427-6236
® - NO ® ® ®®
NRH PD is looking re-locate their existing Eventide Nexlog 740 recorder from the primary site to the Disaster Recovery Site to
record the following: (4)Vesta 9-1-1 s as IP,(8) analog radios and (6)Cisco VG224 gateway analog phones; capturing ANI/ALI,
(10)screen capture licenses for the 9-1-1s. Archiving to a NAS. The proposal reflects HGAC state contract RP07-20.
NexLog 740 NexLog 740 Hardware Bundle 1 $66000 $66000 $552.00 $552.00
Hardware NexLog 740 Base Hardware
Bundle° Configuration
Rack Mount slides-4 post,31.1 Chassis(for 1
NexLog 740)
Rack Mount slides-4 post, 3U
(for NexLog 740)
Quick Install Kit(23 ft.Connector Cable& 1
Punch
Quick Install Kit (23 ft.
Connector Cable&Punch
Block)
NexLog 740 NexLog 740 Channel Bundle 1 $7,850 00 $7,850.00 $6,574.00 $6,574.00
Channel Eventide User Channel
Bundle Activation Bundle Provides
TDM, VoIP,RoIP Licensing for
Playback,
16-Channel Analog Card 1
16-Channel Analog Card, 16
Channel Licenses
Internal IP Recorder w/8 G.711 Channel 1
Licenses
Internal IP Recorder w/8
G.711 Channel Licenses
Nexlog Nexlog Storage&Power Bundle 1 $1,475.00 $1,475.00 $1,475.00 $1,475.00
Storage& Eventide User Storage
Power Bundle Power Bundle
Eventidee
Page 4 of 7
Quote#HO0004331 v1
PNE SMAFi PURCNASONG 501 NPIGN
Vista Corn Proprietary and Confidential
Yew
u �#,
V'Imsta to,
Em
Network Attached Storage For Small 1
Footprint
Network Attached Storage For
Small Footprint, Non-
Rackmountable with 2 2Tb
Hard Drives
TRIPP LITE UPS 1500VA Rackmount 1
TRIPP LITE UPS Smart
1500VA 90OW Rackmount
Tower LCD AVR
NexLog 740DX NexLog 740DX Software Bundle 1 $10,980.00 $10,980.00 $9,195.00 $9,195.00
Software Eventide User Software
Bundle Bundle and Licensing
Eventide Interface license for VESTA 911 1
I P/SPAN
Eventide Interface license for
VESTA 911 IP/SPAN
Recording
MediaWorks Plus Licenses 1
MediaWorks Plus (Web)
Concurrent Access for 8 Users
Geographic Search/View(Requires Lat/Lon, 1
MW Plus,
Geographic Search/View
(Requires Lat/Lon, MW Plus,
Google Maps)
Screen Recording System License w/5 PC 1
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CERTIFICATE OF INTERESTED PARTIES FORM1295
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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
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-839092
Vista Com
Houston,TX United States Date Filed:
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being filed.
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I declare under pe alty of perjury that the foregoing is true and correct.
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IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Consider Resolution No. 2022-xxx, Authorizing submission of the
application and acceptance of allocated funds if awarded for the
Texas Governor's Public Safety Office FY23 Violence Against
Women Justice and Training Program, Grant #3367206
PRESENTER: Jimmy Perdue, Director of Public Safety
SUMMARY:
The Office of the Governor's Public Safety Office (PSO) has announced the FY23
Violence Against Women Justice and Training Program Grant #3367206 authorized by
the Violence Against Women Act (VAWA) of 1994. The Police Department will use the
funds as a renewal of the FY23 VAWA grant-funded detective position focusing on violent
offenses against women.
GENERAL DESCRIPTION:
The Police Department is seeking authorization to apply for and utilize continuation grant
funds offered through the PSO's Violence Against Women Justice and Training Program.
To combat the many and varied forms of crimes against women, this program promotes
a coordinated, multi-disciplinary approach to reduce domestic violence, dating violence,
sexual assault, and stalking through targeted investigations and prosecution, targeted
response operational support. The detective position funded by the FY18 grant award
was staffed October 1, 2017.
The total grant application is for $142,857.14. There is a 30% match requirement.
Volunteer hours valued at $25.47 will be applied as an in-kind match. The remaining
$4,870.00 will be met as a cash match to cover additional personnel costs with the grant
providing $100,000.00.
RECOMMENDATION:
Approve Resolution No. 2022-xxx.
RESOLUTION NO. 2022-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AUTHORIZING
SUBMISSION OF THE APPLICATION AND ACCEPTANCE OF
ALLOCATED FUNDS IF AWARDED FOR THE GOVERNOR'S
PUBLIC SAFETY OFFICE FY23 VIOLENCE AGAINST WOMEN
JUSTICE AND TRAINING PROGRAM GRANT#3367206
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
and make appointments for the conduct of business relative to the
Governor's Public Safety Office Violence Against Women Justice and
Training Program Grant #3367206; and
WHEREAS, The City of North Richland Hills, Texas finds it in the best interest of the
citizens of North Richland Hills that we request the funds available under
this Program to strengthen effective law enforcement, prosecution and
court strategies to combat family violence, sexual assault, dating violence,
stalking crimes against women and to develop and strengthen victim
services in such cases; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council of the City of North Richland Hills hereby finds that the
recitals set forth above are true and correct and are incorporated into this
Resolution as if written herein.
SECTION 2. The City Council of the City of North Richland Hills hereby authorizes and
approves the submission of the application and acceptance if awarded for
the Governor's Public Safety Office FY23 Violence Against Women Justice
and Training Program Grant #3367206.
SECTION 3. The City Council of North Richland Hills agrees to provide 30% of the total
project for the required match funding.
SECTION 4. The City Council of the City of North Richland Hills designates Public Safety
Director Jimmy Perdue as the grantee's authorized official. The authorized
official is given the power to apply for, accept, reject, alter or terminate the
funding request on behalf of the applicant agency.
SECTION 5. The City Council of the City of North Richland Hills agrees that the loss or
misuse of PSO funds or failure to comply with all PSO award requirements
may result in suspension or termination of award funds, the repayment of
award funds, and/or other remedies available by law.
Resolution No. 2022-003
Page 1 of 2
SECTION 6. That this Resolution shall take effect and be in full force and effect from and
after the date of its adoption, and it is so resolved; and all Resolutions of the
City Council of the City in conflict herewith are hereby amended or repealed
to the extent of such conflict.
PASSED AND APPROVED this the 24t" day of January, 2022.
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:
Jimmy Perdue, Public Safety Director
Resolution No. 2022-003
Page 2 of 2
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Consider Resolution No. 2022-004, Authorizing submission of the
grant application and acceptance of allocated funds if awarded for
the Office of the Governor's Public Safety Office FY23 General
Victim Assistance Grant Program, Grant #3544404
PRESENTER: Jimmy Perdue, Director of Public Safety
SUMMARY:
The Office of the Governor's Public Safety Office (PSO) has announced the FY23
General Victim Assistance Grant Program funded under the Victims of Crime Act. The
purpose of the program is to provide services and assistance directly to victims of crime
to speed their recovery and aid them through the criminal justice process. The Police
Department is seeking authorization to apply for FY23 grant funding to fund the Victim
Assistance Program's (VAP) personnel, related costs and equipment.
GENERAL DESCRIPTION:
The partner cities of North Richland Hills (NRH), Haltom City, Richland Hills and Watauga
entered into a Joint Crime Victim Assistance Program Interlocal Agreement
(Agreement) effective October 1, 2018 and renewed January 10, 2022, to provide
prompt, comprehensive and compassionate victim services to all victims of violent crime
in the four cities. As provided in Section 3 Scope of Services of the Agreement, NRH is
responsible for the management of the program and the application for available grant
funding to fund the program's personnel, related costs, and equipment needed to
effectively provide services to crime victims.
The Police Department is seeking authorization to apply for grant funding, offered through
the PSO's FY23 General Victim Assistance Grant Program, in the total amount of
$201,470. There is no cash match requirement. The additional program costs will be
shared with the partner cities based on percentages outlined for program expense
sharing. The NRH portion will be included in our Crime Control District fund budget.
RECOMMENDATION:
Approve Resolution No. 2022-004.
RESOLUTION NO. 2022-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS AUTHORIZING SUBMISSION OF
THE APPLICATION AND ACCEPTANCE OF ALLOCATED
FUNDS IF AWARDED FOR THE GOVERNOR'S PUBLIC
SAFETY OFFICE FY23 GENERAL VICTIM ASSISTANCE
GRANT PROGRAM #3544404 EFFECTIVE OCTOBER 1, 2022
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
for the Office of the Governor's Public Safety Office FY23 General Victim
Assistance Grant Program, Grant #3544404, and make appointments for
the conduct of business relative to the Grant; and
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills to provide prompt, comprehensive and
compassionate victim services to all victims of violent crime, lessen the
impact of the crime, aid in survivor's recovery and encourage participation
in the criminal justice system; and
WHEREAS, The City Council of North Richland Hills desires to respond to the emotional
and physical needs of crime victims in the four-city area by providing
trained crime victim advocates to assist them throughout the process and
beyond once any criminal proceedings are concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council hereby finds that the recitals set forth above are true and
correct and are incorporated into this Resolution as if written herein.
SECTION 2. The City Council of the City of North Richland Hills hereby authorizes and
approves the submission of the application and acceptance if awarded for
the Governor's Public Safety Office FY23 General Victim Assistance Grant
Program, Grant #3544404.
SECTION 3.The City Council of North Richland Hills designates the Public Safety
Director as the grantee's authorized official. The authorized official is given
the power to apply for, accept, reject, alter or terminate the grant on behalf
of the applicant agency.
SECTION 4. The City Council of North Richland Hills agrees that the loss or misuse of
PSO funds or failure to comply with all PSO award requirements may result
in suspension or termination of award funds, the repayment of award funds,
and/or other remedies available by law.
Resolution No. 2022-004
Page 1 of 2
SECTION 5. That this Resolution shall take effect and be in full force and effect from and
after the date of its adoption, and it is so resolved; and all Resolutions of the
City Council of the City in conflict herewith are hereby amended or repealed
to the extent of such conflict.
PASSED AND APPROVED this the 24t" day of January, 2022.
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:
Jimmy Perdue, Public Safety Director
Resolution No. 2022-004
Page 2 of 2
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Consider Resolution No. 2022-005, Authorizing submission of the
grant application and acceptance of allocated funds if awarded for the
Office of the Governor's Criminal Justice Division Edward Byrne
Memorial Justice Assistance Grant Program FY2023
PRESENTER: Jimmy Perdue, Director of Public Safety
SUMMARY:
The Office of the Governor's Criminal Justice Division (CJD) has announced the FY2023
Edward Byrne Memorial Justice Assistance Grant Program made available through the
Bureau of Justice Assistance. If awarded, the Police Department will use the grant funds
for the purchase of a mobile elevated observation platform that would be used to detect
and deter criminal activity in commercial and residential areas as well as provide an
observational vantage point during large city events.
GENERAL DESCRIPTION:
The purpose of the Office of the Governor's CJD FY2023 Edward Byrne Memorial Justice
Assistance Grant Program is to promote public safety, reduce crime, and improve the
criminal justice system. Funding may be used to provide additional personnel, equipment,
supplies, contractual support, training, technical assistance, and information systems for
criminal justice purposes. The Police Department will use the grant funds for the purchase
of a mobile elevated observation platform to detect and deter criminal activity in the city's
commercial and residential areas, and in support of planned city events to minimize the
risk of property loss and danger.
The Police Department is seeking authorization to apply for grant funding not to exceed
$100,000 and there is no match requirement. The specified goals, objectives and targets
for the project are being developed and will be completed before the February 10, 2022
grant submission deadline.
RECOMMENDATION:
Approve Resolution No. 2022-005.
RESOLUTION NO. 2022-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AUTHORIZING
SUBMISSION OF AN APPLICATION AND ACCEPTANCE OF
ALLOCATED FUNDS IF AWARDED FOR THE TEXAS
GOVERNOR'S OFFICE CRIMINAL JUSTICE DIVISION FY2023
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
for and to make appointments for the conduct of business relative to the
Governor's Office Criminal Justice Division FY2023 Edward Byrne
Memorial Justice Assistance Program Grant; and
WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the
citizens of North Richland Hills to request the funds available under this
program to purchase a mobile elevated observation platform that would be
used to detect and deter criminal activity in commercial and residential
areas as well as provide an observational vantage point during large city
events; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council of the City of North Richland Hills hereby finds that the
recitals set forth above are true and correct and are incorporated into this
Resolution as if written herein.
SECTION 2. The City Council of the City of North Richland Hills hereby authorizes and
approves the submission of the application and acceptance if awarded for
the Texas Governor's Office Criminal Justice Division FY2023 Edward
Byrne Memorial Justice Assistance Program Grant.
SECTION 3. The City Council of the City of North Richland Hills designates Public Safety
Director Jimmy Perdue as the grantee's authorized official, with the power
to apply for, accept, reject, alter or terminate the funding request on behalf
of the applicant agency.
SECTION 4. The City Council of North Richland Hills agrees that the loss or misuse of
CJD funds or failure to comply with all CJD award requirements may result
in suspension or termination of award funds, the repayment of award funds,
and/or other remedies available by law.
SECTION 5. This Resolution shall take effect and be in full force and effect from and after
the date of its adoption, and it is so resolved; and all Resolutions of the City
Resolution No. 2022-005
Page 1 of 2
Council of the City in conflict herewith are hereby amended or repealed to
the extent of such conflict.
PASSED AND APPROVED on this 24t" day of January, 2022.
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:
Jimmy Perdue, Public Safety Director
Resolution No. 2022-005
Page 2 of 2
MRH
C7&TH KIC"HLr'.ND HILL
COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Consider Resolution No. 2022-006, authorizing submission of the
grant application and acceptance of funds if awarded for the Q2 2022
Firehouse Subs Public Safety Foundation Grant for an Emergency
Medical Services (EMS) cart.
PRESENTER: Stan Tinney, Fire Chief
SUMMARY:
The North Richland Hills Fire Department (NRHFD) has coordinated the
application for the Q2 2022 Firehouse Subs Public Safety Foundation Grant for an
Emergency Medical Services (EMS) cart. If awarded, the EMS cart will include a
large golf cart, lighting/sirens, compartments for storage of EMS supplies, etc., to
be used at community events or incidents occurring in places that are difficult to
reach.
GENERAL DESCRIPTION:
NRHFD currently operates a gator as an EMS Cart that has reached the end of its
service life. Due to the age of the vehicle and its limited capabilities, NRHFD is
pursuing a specialty-built EMS cart to meet current and future needs. This cart is
mobile in low-speed environments or hard to reach areas including walking trails
or during heavily attended community events.
North Richland Hills Fire Department would take on the role of administrator of the
grant if awarded. North Richland Hills is requesting $ 32,500.00 in total funding in
the grant application. If awarded, the Firehouse grant requires no match from the
participating agencies.
RECOMMENDATION:
Approve Resolution No. 2022-006.
RESOLUTION NO. 2022-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AUTHORIZING SUBMISSION OF AN
APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF
AWARDED OF THE GRANT APPLICATION FOR THE Q2 2022
FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION GRANT
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
for the Q2 2022 Firehouse Subs Public Safety Foundation Grant for an
Emergency Medical Services (EMS) cart; and
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills to purchase a new EMS cart to improve the
critical health and safety skills needed to address risks in our community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council of North Richland Hills hereby finds that the recitals set
forth above are true and correct and are incorporated into this Resolution
as if written herein.
SECTION 2. The City Council of North Richland Hills hereby authorizes and approves the
submission of application for the Q2 2022 Firehouse Subs Public Safety
Foundation Grant in the amount of $32,500, and makes appointments for
the conduct of business relative to the grant.
SECTION 3. The City Council of North Richland Hills designates Fire Chief Stan Tinney
as the grantee's authorized official, with the power to apply for, accept,
reject, alter or terminate the funding request on behalf of the applicant
agency.
SECTION 4. The City Council of North Richland Hills agrees that the loss or misuse of
Firehouse Subs funds or failure to comply with all Firehouse Subs award
requirements may result in suspension or termination of award funds, the
repayment of award funds, and/or other remedies available by law.
SECTION 4. This Resolution shall take effect and be in full force and effect from and after
the date of its adoption, and it is so resolved; and all Resolutions of the City
Council in conflict herewith are hereby amended or repealed to the extent
of such conflict.
PASSED AND APPROVED on this 24t" day of January, 2022.
Resolution No. 2022-006
Page 1 of 2
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:
Stan Tinney, Fire Chief
Resolution No. 2022-006
Page 2 of 2
"K
NOKTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: ZC21-0013, Ordinance No. 3728, Public hearing and consideration
of a request from Weby Corp to revise the NR-PD (Nonresidential
Planned Development) for GritrSports at 7901 Boulevard 26, being
9.04 acres described as Lot 1, Block 1, Venture Addition.
PRESENTER: Clayton Comstock, Planning Director
SUMMARY:
Weby Corp is requesting to revise the existing to NR-PD (Nonresidential Planned
Development) on 9.04 acres located at 7901 Boulevard 26.
GENERAL DESCRIPTION:
The property under consideration is located at the north intersection of Boulevard 26 and
Davis Boulevard. The 94,218-square-foot building is occupied ;ir a retailer of
equipment and gear for shooting, hunting, archery, and other sports. The building also
includes an indoor shooting range.
The property is currently zoned NR-PD (Nonresidential Planned Development). The
zoning was approved by City Council on March 2, 2015 (Ordinance 3353), and amended
on September 14, 2015 (Ordinance 3374). The NR-PD provides for a base zoning district
of C-1 (Commercial) and is intended to allow for an indoor shooting range, indoor
recreation and entertainment uses, and small recreational vehicle sales.
The applicant is requesting an amendment to the NR-PD to allow for
the sale of up to seven (7) used sport utility vehicles equipped for
safari/hunting/overland use. Vehicles would be stored and displayed
inside the building.
A narrative provided by the applicant that describes the request and the proposed
conditions of approval for this NR-PD district are attached. These conditions approved as
part of Ordinance 3374, with the addition of the used sport utility vehicle sales. Since this
is a proposed amendment to the overall NR-PD, these conditions may be modified
throughout the public hearing process, but they are subject to final approval by City
Council.
LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial.
This designation provides sites for community and regional shopping centers, commercial
establishments, and employment centers. These sites are typically located on highways
and major thoroughfares at key intersections. A supplemental recommendation of the
"K
NOKTH KICHLAND HILLS
Land Use Plan is to prioritize commercial uses at key intersections where retail is most
likely to thrive.
CURRENT ZONING: The property is currently zoned NR-PD (Nonresidential Planned
Development). The zoning was approved by City Council on March 2, 2015 (Ordinance
3353), and amended on September 14, 2015 (Ordinance 3374). The NR-PD provides for
a base zoning district of C-1 (Commercial) and is intended to allow for an indoor shooting
range, indoor recreation and entertainment uses, and small recreational vehicle sales.
PROPOSED ZONING: The proposed zoning is NR-PD Nonresidential Planned
Development with a base zoning district of C-1 (Commercial) for land uses and
development standards. The proposed change is intended to allow for the sale of up to
seven (7) used sport utility vehicles equipped for safari/hunting/overland use.
SURROUNDING ZONING ( LAND USE:
® ®
NORTH Planned Development Retail Commercial Convenience store with fuel sales
R-2(Single-Family Residential) Low Density Residential Single-family Residences
Office and service uses
WEST C-2(Commercial) Retail Commercial
Self-storage facility
SOUTH C-2(Commercial) Retail Commercial Office uses
G1(Commercial)
EAST Retail Commercial Retail and service uses
C-2(Commercial)
PLAT STATUS: The property is platted as Lot 1 R, Block 1, Venture Addition.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
conducted a public hearing and considered this item at the January 6, 2022, meeting and
voted 5-0 to recommend approval.
RECOMMENDATION:
Approve Ordinance No. 3728.
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" RH PUBLIC HEARING NOTICE
NO TH KICHLA D HILLS CASE: ZC21 -0013
You are receiving this notice because you are a property owner of record within 200 feet of the property
requesting a zoning change as shown on the attached map.
APPLICANT Weby Corp
LOCATION 7901 Boulevard 26
REQUEST Public hearing and consideration of a request from Weby Corp to revise the NR-PD
(Nonresidential Planned Development)for GritrSports at 7901 Boulevard 26, being
9.04 acres described as Lot 1, Block 1, Venture Addition.
DESCRIPTION Amendment to PD-74 (Ordinance No. 3374) to allow for the sale of up to seven (7)
used sport utility vehicles equipped for safari/hunting/overland use.Vehicles would
be stored and displayed inside the building.
PUBLIC HEARING DATES Planning and Zoning Commission
7:00 PM Thursday, January 6, 2022
City Council
7:00 PM Monday, January 24, 2022
MEETING LOCATION City Council Chamber-Third Floor
4301 City Point Drive
North Richland Hills, Texas
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 duringthe public hearing process,you are encouraged to follow the requestthrough 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
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817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
NOTIFIED PROPERTY OWNERS
ZC21-0013
AKINS,RONALD N 7828 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
AUTONATION FORT WORTH MOTORS 200 SW 1ST FL 14 AVE FORT LAUDERDALE FL 33301
BLEVINS,SIDNEY 4821 ASH ST NORTH RICHLAND HILLS TX 76180
BOWERS HOMES LLC 4925 DAVIS BLVD MANSFIELD TX 76063
BROWN,LYNN M 7820 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
CASEBIER,JUSTIN 7840 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
CHANCELLOR,SYLVIA G 7817 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
DT TRAIL LAKE PARTNERS I LLC PO BOX 328 FORT WORTH TX 76101
ELLIS,KARLA SUE 7821 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
GALLEGOS,GILBERTO 7912 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
HIMES,STEVEN 7836 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
HINCKLEY,ELLEN A 7909 LAURA ST NORTH RICHLAND HILLS TX 76180
LE,CHI 4404 WESTWAY AVE DALLAS TX 75205
MARTIN,ALVIN L 7837 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
MATAR 2 REAL ESTATE LLC 15014 YORK TOWN DR FRISCO TX 75035
MATVEYUK,JAMES A 7829 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
NATIONAL RETAIL PROPERTIES LP 450 S ORANGE AVE STE 900 ORLANDO FL 32801
PCLO LLC 750 N SAINT PAUL ST STE 250 DALLAS TX 75201
PEPPERWOOD INC PO BOX 2437 SMYRNA GA 30081
PUBLIC STORAGE INC PO BOX 25025 GLENDALE CA 91221
QUEST 4 HOMES INC 212 OLD LANDING CT FREDERICKSBURG VA 22405
RAMOS,PEDRO E G 7833 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
RICHLAND SQUARE INVESTORS LLC 9907 E BELL RD STE 110 SCOTTSDALE AZ 85260
RICHLAND-DAVIS LLC 1401 BROAD ST CLIFTON NJ 07013
RIVERA,MARTIN 7901 LAURA ST NORTH RICHLAND HILLS TX 76180
RODRIGUEZ,ANASTACIO 7905 LAURA ST NORTH RICHLAND HILLS TX 76180
ROSS,LEONTYNE 7832 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
SMITH,SAMANTHA 6828 STILLMEADOWS CIR N NORTH RICHLAND HILLS TX 76182
STARLIGHT 26,LLC 7835 BOULEVARD 26 NORTH RICHLAND HILLS TX 76180
STERIE,GEORGE 3105 FOX RUN DR GRAPEVINE TX 76051
TAVESCO INC 729 GRAPEVINE HWY#311 HURST TX 76054
WEBY HOLDINGS LLC C/O WEBY CORP 7901 BOULEVARD 26 NORTH RICHLAND HILLS TX 76180
WORRELL,LARRY 7900 BIRCHWOOD DR NORTH RICHLAND HILLS TX 76180
YBLOOD,MARK 4803 STARMONT LN ARLINGTON TX 76017
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GRITR SPORTS HIGH END OVERLAND/SAFARI USED SUV SALES PROJECT
Goal:
Grow revenue and attract additional foot traffic by offering high end overland/safari used SUV
vehicles to existing and new audience that visits GRITR SPORTS for their hunting, shooting
sports and other outdoor gear needs.
Purpose of zoning change request:
We are required by TXDMV to have "used auto sales" use be listed as approved use on our
Certificate of Occupancy to receive a dealer license.
General vehicle description:
Most of these vehicles are going to be imported either from South America, Europe, or
Australia. Examples include:
• Toyota Landcruiser
• Mercedes Unimog
• Mercedes Gelandewagen
• Land Rover Defender
• Others
This is what these vehicles would look like:
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Location:
Vehicles will be housed and displayed inside the building in the dedicated 2000 square foot
space.
Quantity:
Due to rarity of these vehicles—we intend to have between 3 and 5 of these vehicles available
for sale at any given time (7 would be absolute max).
Financial Information:
Our goal is to sell 1-3 of these per month. Average selling price for these vehicles is between
$30,000 and $150,000 depending on the model and condition.
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ORDINANCE NO. 3728
ZONING CASE ZC21-0013
AN ORDINANCE OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS AMENDING THE ZONING ORDINANCE
OF THE CITY OF NORTH RICHLAND HILLS, AND THE
ZONING MAP OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS BY AMENDING THE
NONRESIDENTIAL PLANNED DEVELOPMENT (NR-
PD) FOR GRITRSPORTS FOR THE PURPOSE OF
REVISING THE DEVELOPMENT STANDARDS;
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 Land Use Plan Map provides guidance for future
development in conformance with the adopted Comprehensive Land Use
Plan; and
WHEREAS, the City Council of the City of North Richland Hills previously approved a
nonresidential planned development for the property; and
WHEREAS, the owner of the property containing approximately 9.04 acres of land
located at 7901 Boulevard 26 (the "Property") has filed an application to
amend the nonresidential planned development to revise the development
standards; and
Ordinance No. 3728
ZC21-0013
Page 1 of 4
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on January 6, 2022, and the City Council of the
City of North Richland Hills, Texas, held a public hearing on January 24,
2022, with respect to the zoning change 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 and
nonresidential planned development for 7901 Boulevard 26 are hereby
amended to revise the development standards for the property, containing
approximately 9.04 acres of land, 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 herein
approve the nonresidential planned development in accordance with the
requirements of the Nonresidential Planned Development (NR-PD) District
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 the official zoning 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 NR-PD (Nonresidential Planned Development) zoning,
as set forth above.
Section 4: The use of the property described above shall be subject to all applicable
and pertinent ordinances of the City of North Richland Hills, all applicable
regulations contained in the Building and Land Use Regulations for the C-1
(Commercial) zoning district, and the additional zoning standards as set
forth in Exhibit "B."
Ordinance No. 3728
ZC21-0013
Page 2 of 4
Section 5: 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 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.
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.
Ordinance No. 3728
ZC21-0013
Page 3 of 4
PASSED AND APPROVED on the 24th day of January, 2022.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Comstock, Planning Director
Ordinance No. 3728
ZC21-0013
Page 4 of 4
Exhibit A— Property Description—Ordinance No. 3728— Page 1 of 1
Zoning Case ZC21-0013
Lot 1R, Block 1,Venture Addition
7901 Boulevard 26, North Richland Hills,Texas
BEING Lot 1R, Block 1, Venture Addition, an addition to the City of North Richland Hills, Tarrant County,
Texas, according to the plat thereof recorded in Cabinet A, Slide 10658, Plat Records, Tarrant County,
Texas.
Exhibit B—Land Use and Development Regulations—Ordinance No. 3728—Page 1 of 2
Zoning Case ZC21-0013
Lot 1R, Block 1,Venture Addition
7901 Boulevard 26, North Richland Hills,Texas
This Nonresidential Planned Development(NR-PD) District must adhere to all the conditions of the North
Richland Hills Code of Ordinances, as amended, and adopt a base district of C-1 (Commercial). The
following regulations are specific to this NR-PD district. Where these regulations conflict with or overlap
another ordinance, easement, covenant or deed restriction,the more stringent restriction will prevail.
I. Permitted Land Uses.
A. Indoor shooting range required.A minimum of forty(40) percent of the building area must be
initially constructed and developed as an indoor gun range for at least three of the following
uses:
1. Open/public firing range lanes
2. Private firing range lanes
3. Tactical firing range lanes
4. Indoor skeet range
5. Gunsmith
6. Archery lanes
7. Classroom/event space
8. Retail sales of firearms and firearm accessories
9. Simunition non-live fire (airsoft/paintball)training
10. Laser-video firing systems
B. The sale and consumption of alcohol shall not be permitted within the indoor shooting range
occupancy.
C. The indoor shooting range use shall be revoked from this NR-PD if a certificate of occupancy
for said use is not issued by January 17, 2017.
D. Other permitted uses.Other uses within this NR-PD may only be permitted after a full demising
wall meeting Building Code requirements is installed and proof of nonrefundable purchase of
a shooting range ventilation system and/or bullet collection and containment system is
provided to the City.Other uses in this NR-PD shall be those permitted in the C-1(Commercial)
district and shall also include the following:
1. Indoor amusement arcade
2. Bowling lanes
3. Indoor miniature golf course
4. Indoor race track
5. Roller or ice skating rink
6. Indoor skydiving
7. Indoor rock/wall climbing
8. Other indoor commercial recreation
9. Personal security training
10. Indoor golf range
11. Archery
12. Indoor music venue
Exhibit B—Land Use and Development Regulations—Ordinance No. 3728—Page 2 of 2
Zoning Case ZC21-0013
Lot 1R, Block 1,Venture Addition
7901 Boulevard 26, North Richland Hills,Texas
13. Hardware and building materials
14. Microbrewery
15. Comedy club
16. Billiards as accessory use
17. New marine equipment sale
18. New motorcycle sales
19. New small vehicle sales (ATVs, scooters, golf carts, etc)
20. Outdoor sales and display associated to marine equipment, motorcycles, and other small
vehicles limited to the westernmost row of parking stalls along Davis Boulevard
21. Sale of used sport utility vehicles equipped for safari, hunting, or overland use. Not more
than seven (7) vehicles are permitted on the property at one time, and all vehicles must
be stored and displayed inside the building and shall not exceed 2,000 square feet in floor
area.
II. Development Regulations. This NR-PD must follow the development regulations of the C-1
(Commercial)district,with the following additions and exceptions.
A. Prior to a certificate of occupancy being issued for the indoor gun range, the following
improvements must be made to the property:
1. All internal traffic control devices(i.e.,stop signs,speed bumps,etc.)must be replaced
or refurbished.
2. All fire lanes and parking lines must be newly applied.
3. Landscaping must be installed per the attached landscape plan.
4. Any non-compliant outdoor lighting, including those affixed to the building, must be
replace with fixtures that meet current outdoor lighting standards.
5. Existing concrete light pole bases must be repainted.
6. Existing chain link fence on each side of the loading dock must be replaced or
refurbished.
7. Franchise utilities must be contacted regarding the removal of a dead-end utility pole
extension at the northwest corner of the property.
8. Existing irrigation system must be inspected and repaired as required to provide a fully
operational system.
9. Handicap-accessible sidewalk ramp must be installed on the north side of the Davis
Boulevard driveway at the northwest corner of the property.
10. The six (6) foot tall wood fence between the property and the vacant commercial
property to the north must be removed.
III. Administrative approval of site plans. The purpose of this NR-PD is to provide land use and
development regulations beyond the scope of what is typically required. Site plans that comply
with all development related ordinances and this Ordinance shall be administratively approved by
the Development Review Committee. Deviations from the regulations provided herein shall
require City Council approval of a zoning change to revise this Nonresidential Planned
Development.
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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
JANUARY 6, 2022
D.1 ZC21-0013 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM WEBY CORP TO REVISE THE NR-PD (NONRESIDENTIAL
PLANNED DEVELOPMENT) FOR GRITRSPORTS AT 7901 BOULEVARD
26, BEING 9.04 ACRES DESCRIBED AS LOT 1, BLOCK 1, VENTURE
ADDITION.
APPROVED
Vice Chair Tyner introduced the item, opened the public hearing, and called for
Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced
the request.
Mikhail Orlov, Weby Corp, 7901 Boulevard 26, North Richland Hills, Texas, presented
the request.
Vice Chair Tyner called for Mr. Husband to present the staff report. Mr. Husband
presented the staff report.
Commissioner Hoffa and Mr. Husband discussed the proposed location of the
vehicles within the building.
Vice Chair Tyner and the applicant discussed the process for the vehicles to be
detailed and prepared for sale once on-site.
Vice Chair Tyner called for anyone wishing to speak for or against the request to
come forward. There being no one wishing to speak, Vice Chair Tyner closed the
public hearing.
A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY
COMMISSIONER HOFFA TO APPROVED ZC21-0013.
MOTION TO APPROVE CARRIED 5-0.
January 06, 2022
Planning and Zoning Commission Meeting Minutes
Page 1 of 1
"I r*4W
NOLa`C`H KIC"HLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Second Public Hearing on the Juvenile Curfew Ordinance and
Approve Ordinance No. 3726.
PRESENTER: Jimmy Perdue, Director of Public Safety
SUMMARY:
On July 11 , 1994, the North Richland Hills City Council unanimously passed Ordinance
No. 1994 adopting a curfew for juveniles. Every three years, state law requires that the
Ordinance either be abolished, continued, or modified. The North Richland Hills Police
Department has found that the teen curfew ordinance has had a positive effect on the
safety of our youth and has reduced the probability that unsupervised juveniles will
become involved in crimes during late night and early morning hours.
GENERAL DESCRIPTION:
Section 370.002 of the Local Government Code adopted by the 74t" Legislature on May
31, 1995 requires that:
(a) Before the third anniversary of the date of adoption of a juvenile curfew
ordinance by a general-law municipality or a home-rule municipality or an
order of a county commissioner's court, and every third year thereafter, the
governing body of the general-law municipality or home rule municipality or
the commissioner's court of the county shall:
(1) review the ordinance or order's effects on the community and on
problems the ordinance or order was intended to remedy;
(2) conduct public hearings on the need to continue the ordinance or
order; and
(3) abolish, continue, or modify the ordinance or order.
(b) Failure to act in accordance with subsections (a)(1)—(3) shall cause the
ordinance or order to expire.
The Police Department has observed that historically, the establishment and
enforcement of a juvenile curfew has helped reduce juvenile victimization during curfew
hours. The curfew ordinance defines curfew hours as 11:00 p.m. on any Sunday,
"I r*4w
NOLa`C`H KIC"HLAND HILLS
Monday, Tuesday, Wednesday, or Thursday until 6.00 a.m. the following day, and 12.01
a.m. until 6.00 a.m. on any Saturday or Sunday.
This is the second of two public hearings on the juvenile curfew ordinance. Following
the second public hearing, staff recommends that the City Council approves the juvenile
curfew ordinance.
RECOMMENDATION:
Following the second public hearing, that the City Council approves Ordinance No.
3726.
ORDINANCE NO. 3726
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, PROVIDING A MINORS CURFEW, AS SET FORTH IN
ARTICLE II OF CHAPTER 50 OF THE NORTH RICHLAND HILLS
CODE OF ORDINANCES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF
CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule
city acting under its power adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, a minor's curfew has been in force within the City since 1994; and
WHEREAS, Section 370.002 of the Texas Local Government Code, requires that
before the third anniversary of the date of adoption of a juvenile curfew
ordinance and every third year thereafter, the governing body of the City
shall (1) review the ordinance or order's effects on the community and on
problems the ordinance or order was intended to remedy; (2) conduct
public hearings on the need to continue the ordinance or order; and (3)
abolish, continue, or modify the ordinance or order; and
WHEREAS, The City Council has now reviewed the effect of the ordinance on the
community and on problems the ordinance was intended to remedy and
conducted public hearings on the need to continue such ordinance; and
WHEREAS, The City Council finds that there is a need for a minor's curfew and that it
has served well to reduce the danger to minors themselves and to provide
a means for making sure minors do not engage in behavior which is a
danger to the community as well as themselves.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: The City Council hereby finds the recitals above to be true and correct,
and such recitals are hereby incorporated into this Ordinance as if written
herein.
Ordinance No. 3726
SECTION 2: Article II of Chapter 50 of the North Richland Hills, Texas, Code of
Ordinances is hereby adopted as the juvenile curfew ordinance.
SECTION 3: Any person intentionally, knowingly, recklessly, or with criminal
negligence violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in accordance with Article I, Section 1-13 of the Code of
Ordinances.
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; 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 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 published twice and shall be in full force and
effect from and after its passage and publication as required by law.
PASSED AND APPROVED on this 24TH day of January, 2022.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
Ordinance No. 3726
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Jimmy Perdue, Public Safety Director
Ordinance No. 3726
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Consider Resolution No. 2022-007, relating to City Point Public
Improvement District Improvement Zone B Project, providing for the
redemption of certain outstanding obligations of the City of North
Richland Hills, Texas; and resolving other matters incident and
related to the redemption of such obligations.
PRESENTER: Mark C. Mills, Director of Finance
SUMMARY:
The sale of multi-family tracts within the City Point Public Improvement District ("PID")
Zone B and the buyer's decision to prepay its future PID assessments has created what
is classified as an unusual event. This allows the City to exercise an extraordinary optional
redemption of bonds associated with these tracts. Council is asked to consider Resolution
No. 2022-007, authorizing the extraordinary optional redemption and authorizing staff to
take the necessary steps to notify the bond holders prior to the redemption.
GENERAL DESCRIPTION:
The NRP Group, a multi-family developer, has purchased the City Point PID Zone B multi-
family tracts from Centurion American. The closing for this purchase occurred on Monday,
December 20, 2021. As part of the transaction, The NRP Group made the decision to
prepay its future PID assessments for the purchased property. As a result of this
prepayment, there is an opportunity for an extraordinary optional redemption. An
extraordinary redemption is a provision that gives a bond issuer the right to call bonds
due to an unusual event.
The City of North Richland Hills issued "City of North Richland Hills, Texas, Special
Assessment Revenue Bonds, Series 2019 (City Point Public Improvement District
Improvement Zone B Project)". These bonds were authorized, issued, sold, and delivered
subject to the right and authority of the City to redeem them prior to maturity pursuant to
extraordinary optional redemption provisions, as provided in the Indenture of Trust
between the City and Wilmington Trust (the "Trustee").
With the approval of Resolution No. 2022-007, $3,150,000 in principal amount of the
bonds shall be called for redemption on March 1, 2022 at the price of par and the accrued
interest to the date of the redemption. The following summary table prepared by P3Works,
the City Point PID Administrator, has been included for your reference.
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NOKTH KICHLAN HILLS
Outstanding Assessment Multifamily Tracts' $ 3,015,000.00
Less:Principal Portion of 2021 Annual Installment due 1/31/2022Z
Less:Interest Portion of 2021 Annual Instal Imentdue 1/31/2022' W9 66 3 ?)
Less:Additional Interest Portion of 2021 Annual Installment due 1/31/2022' ( q 0,"'IL„i5,,.1'5))
Prepayment Amount Due if paid by 12/20/2021 $ 2,845,164.93
Wu I ti fa mi IyTra cts consist of a portion of Property I D 42588217 and a portion of Property I D 41728297 fo rTa x Ye a r 2021.
2 Assumes a prepayment date of December20,2021,and Annual Installments forTaxYear2021 paid via Tarrant CountyTax
Bi11.
The $2,845,164.93 prepayment was received by the Trustee and was transferred to a
Redemption Fund, which, together with other amounts transferred pursuant to the
indenture related to the bonds, is now available to fund the redemption outlined above.
If this Resolution is approved a copy, including the suggested form of notice of redemption
("Exhibit A"), will be filed with the Trustee in accordance with the provisions of the
Indenture applicable to the redemption of the redeemed bonds. The Trustee will then be
instructed to make all arrangements necessary to notify the holders of the redeemed bond
of the City's decision.
RECOMMENDATION:
Approve Resolution No. 2022-007, relating to City Point Public Improvement District
Improvement Zone B Project, providing for the redemption of certain outstanding
obligations of the City of North Richland Hills, Texas; and resolving other matters incident
and related to the redemption of such obligations.
RESOLUTION NO. 2022-007
A RESOLUTION PROVIDING FOR THE REDEMPTION OF CERTAIN
OUTSTANDING OBLIGATIONS OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO
THE REDEMPTION OF SUCH OBLIGATIONS.
WHEREAS, the City of North Richland Hills, Texas (the "City") has issued and there are currently
outstanding certain obligations more particularly described as follows: "City of North
Richland Hills, Texas, Special Assessment Revenue Bonds, Series 2019 (City Point
Public Improvement District Improvement Zone B Project)", dated December 1,
2019, being a portion of such bonds maturing on September 1 in each of the years
2025, 2030, 2040, and 2050 and aggregating in the principal amount of
$3,150,000.00 (the "Redeemed Bonds"); and
WHEREAS, the Redeemed Bonds were authorized, issued, sold and delivered subject to the right
and authority of the City to redeem the same prior to maturity pursuant to the
extraordinary optional redemption provisions, as provided in the Indenture of Trust,
dated as of December 1, 2019 (the "Indenture"), between the City and Wilmington
Trust, National Association (the "Trustee"); and
WHEREAS, the City Council (the "Council") hereby finds and determines that the Redeemed
Bonds, selected on a pro rata basis from all the outstanding maturities, should be
redeemed prior to their maturities on the date and in the manner hereinafter provided
and in accordance with the requirements prescribed therefor in the Indenture, and
notice of redemption of such Redeemed Bonds should be authorized; now,
therefore,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS AS FOLLOWS:
SECTION 1 The Redeemed Bonds shall be redeemed and the same are hereby called for
redemption on March 1, 2022, at the price of par and accrued interest to the date of
redemption. The City's Director of Finance is hereby authorized and directed to file
a copy of this Resolution, including the suggested form of notice of redemption to be
sent to the holders of the Redeemed Bonds attached hereto as Exhibit A, which is
incorporated herein by reference as a part of this Resolution for all purposes, with
the Trustee, in accordance with the provisions of the Indenture applicable to the
redemption such Redeemed Bonds.
SECTION 2 The City's Director of Finance is hereby authorized and directed to make or to
instruct the Trustee to make all arrangements necessary to notify the holders of the
Redeemed Bonds of the City's decision to redeem the Redeemed Bonds on the date
and in the manner herein provided and in accordance with the Indenture.
SECTION 3 It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place,
and subject matter of the public business to be considered at such meeting, including
this Resolution,was given, all as required by Texas Government Code, Chapter 551,
as amended.
SECTION 4 This Resolution shall be in force and effect from and after its passage on the date
shown below.
103919687.5/1001073255
PASSED AND ADOPTED, this January 24, 2022.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary/ Chief Governance Officer
(City Seal)
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mark Mills, Director of Finance
103919687.5/1001073255 S-1
EXHIBIT A
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2019
(CITY POINT PUBLIC IMPROVEMENT DISTRICT
IMPROVEMENT ZONE B PROJECT)
Dated December 1, 2019
NOTICE IS HEREBY GIVEN that a portion of the bonds of the above series maturing on
September 1 in each of the years shown below and aggregating in the principal amount of
$3,150,000.00 have been called for extraordinary optional redemption on March 1, 2022 at the
redemption price of par and accrued interest to the date of redemption, such bonds being
identified as follows:
Outstanding Principal Amount to
Maturity Date Principal Amount ($) be Redeemed ($)
2025 620,000 210,000
2030 935,000 330,000
2040 2,655,000 955,000
2050 4,620,000 1,655,000
A lot selection resulting in a pro rata selection among the outstanding maturities of the
bonds has been made and your Bond has been selected for redemption. All of such obligations
shall become due and payable on March 1, 2022 and interest thereon shall cease to accrue from
and after said redemption date, and payment of the redemption price of said obligations shall be
paid to the registered owners of the obligations only upon presentation and surrender of such
obligations to Wilmington Trust, National Association, Rodney Square North 1100 N. Market
Street, Wilmington, Delaware 19890, Attention: Corporate Trust Operations.
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the
redemption of said bonds and pursuant to a resolution adopted by the City Council of the City of
North Richland Hills, Texas.
WILMINGTON TRUST, NATIONAL ASSOCIATION
15950 North Dallas Parkway, Suite 550
Dallas, Texas 75248
103919687.5/1001073255 A-1
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Authorize the City Manager to negotiate and execute a management
agreement with Kemper Sports Management, Inc. for management
services at Iron Horse Golf Course
PRESENTER: Paulette Hartman, Deputy City Manager
GENERAL DESCRIPTION:
The management services at Iron Horse Golf Course have been provided contractually
since the course opened in 1992. Throughout these years, the services have been
provided by Evergreen Alliance Golf Limited, L.P., although the management company
name has changed during the agreement periods due to change in corporate ownership.
The last management agreement was approved in February 2012 for a term of five (5)
years with two one-year options for an extension. In February 2019, the contract with
Arcis Golf was extended for an additional three (3) years due to the golf course
undergoing extensive renovation to the greens, tees, bunkers, and drainage. Staff felt
that it was in the best interest of the City and the golf course to maintain management
services with Arcis during this renovation period. No additional extension options remain,
and the current agreement will expire on March 31, 2022.
In accordance with the City's Public Purchase policy process, the City published a request
for proposals (RFP) on October 1, 2021 for the management of Iron Horse Golf Course
with the bid due date of October 28, 2021. The RFP process gives the City the opportunity
to request proposals from golf management firms, select the most competitive firms to
interview, and ultimately choose the most qualified firm to negotiate a contract and
present to the City Council for consideration. The RFP document includes multiple criteria
for evaluation and various questions to solicit responses from firms to aide staff in
measuring and comparing a firm's overall competitiveness and management interest in
Iron Horse Golf Course. The criteria include, but are not limited to, financial performance,
management costs, service standards, revenue development, overall guest experience
mission, and overall course management experience. A pre-bid conference was held at
Iron Horse Golf Course on October 19, 2021, with seven potential interested golf
management firms in attendance at the pre-bid conference.
As of the RFP deadline on October 28, 2021, seven requests for proposals were received
for staff selection committee review. The selection committee, made up of six city staff,
met in person on November 12, 2021 to review, discuss and score each proposal
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NOKTH KICHLAN HILLS
document to determine four golf management firms to present and interview in-person.
As previously presented to City Council during work session on September 27, 2021,
scores were based on the following criteria: cost of management fee, workplace culture,
revenue development, quality of references and comparable experience, ability to budget
and operate within a City Council approved budget, firm's organization and formation of
management team for Iron Horse, and firm's financial stability.
After thorough review of the seven written proposals received, the selection committee
selected four golf management firms to present their proposal in person. In-person
interviews with each of the four selected firms were conducted on November 29 and 30,
2021. After the interviews were complete, the selection committee met three additional
times to summarize and score the RFP document with the in-person interviews
assessment included with the scoring. The selection committee presented an overview
of the interviews and comparison of the two highest scored golf management firms along
with the selection committee's recommendation to the City Manager on December 7,
2021.
On December 13, 2021, staff presented during the City Council work session to review
the status of the RFP timeline, the selection committee's recommendation, and receive
input from the City Council regarding the selection committee's final recommendation
prior to the initiation of contract negotiations. After hearing from the Mayor and City
Council during the work session, additional clarifying questions were sent to each of the
two highest scoring golf management firms for response by December 17, 2021.
Responses to the clarifying questions were received from the two firms on December 17,
2021 and reviewed by staff.
After completing an extensive RFP process review, as well as in-person interviews of four
potential management firms, and review of the clarifying questions answered by the two
highest scoring firms, the City's RFP selection committee selected Kemper Sports
Management, Inc. (KSM) for the proposed Management Agreement, and initiated
contract negotiations with KSM in late December.
During the agreement negotiation process, a number of City staff and departments were
involved in making sure that the City's interests were well served. The draft agreement
has been reviewed by legal counsel representing both the City and Kemper. The result
is a three-year agreement with two one-year options for renewal that will serve the City's
investment and interests well for this period. The proposed Management Agreement will
have an April 1, 2022 effective date and terminate on March 31, 2027. The agreement
will be automatically renewed for two additional one (1) year terms unless either party
gives notice in writing to the other party of its intent not to renew the agreement. The two
one-year options for renewal would include April 2025-March 2026 and April 2026 —
March 2027.
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NOKTH KICHLAN HILLS
The following are major highlights of both the proposed agreement and the current
agreement:
Proposed Kemper Agreement Current Agreement
Term - 3 year with two 1 year option for Term - 1 year with six 1 year renewals
renewals.
The "Base Management Fee" a fee of The "Base Management Fee" shall be
equal to 4.0% of the prior month's gross an amount equal to 4.5% of monthly
revenues, which shall be paid no later cash inflows for the previous month
than the fifth business day following due and payable on the fifteenth day of
delivery of the monthly financial each month.
statements.
City shall have the right to approve City shall approve hiring of General
positions of General Manager, Golf Manager position only and may
Course Superintendent, and Golf request removal.
Professional. City may request a change
based on performance.
KSM shall recommend a fee schedule as Posted golf fees subject to approval by
part of the annual budget process to City.
include all golf fees, F&B pricing, and
rental fees.
City retains right to inspect and audit City retains right to inspect and audit
KSM shall submit monthly financial EAGLE/ARCIS shall submit monthly
statements to the City financial statements to the City
Budget, Business Plan, CIP prepared Budget, Business Plan, CIP prepared
and submitted by KSM for City approval and submitted by EAGLE/ARCIS for
City approval
All employees of the Golf Course shall All employees of the Golf Course shall
be employees of KSM be employees of EAGLE/ARCIS
KSM Default - City may terminate EAGLE/ARCIS Default- City may
terminate
City Default - KSM may terminate City Default- EAGLE/ARCIS may
terminate
KSM carries comprehensive insurance EAGLE/ARCIS carries comprehensive
at expense of facility insurance at expense of facility
Additional Highlights of Kemper Sports Management (KSM) Agreement:
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NOKTH KICHLAN HILLS
• Implementation of KSM proprietary TrueService® customer service training
program
• Maintain adequate staffing levels for efficient and highly productive staff with
appropriate supervision throughout operations
• Develop and implement an active marketing program including: Property Vision,
Objectives, Competitive Analysis, SWOT Analysis, and Branding
• Maintain physical inventory list of all assets, maintain replacement schedule, and
through budget process recommend necessary upgrades and changes
• Well-appointed Pro Shop merchandising, inventory control and product evaluation
• Included minimum "Operating Standards" and course evaluation forms for both
regular Kemper staff use and City staff use as needed
The high level of commitment to exceptional customer service at Iron Horse Golf Course
has been thoroughly communicated by staff directly to Kemper representatives.
Operating services throughout should provide an attention to detail within all aspects of
Iron Horse Golf Course operations through the golf experience, non-golfer experiences,
CA Sanford Grill and Clubhouse, Pro Shop, Tournament and Event operations, and other
onsite facilities managed with superior attention to detail, organization and quality.
While the committee did recognize more than one solid candidate for the project, the
decision was based on Kemper's understanding of the current proposal as a whole,
Kemper's high level of commitment to service training and service culture, as well as
Kemper's experience, knowledge, and success in similar operations. Kemper Sports
Management (KSM) has the desire and is committed to Iron Horse Golf Course continuing
to excel in the DFW marketplace and region coupled with Kemper's commitment to serve
the North Richland Hills community at the highest levels.
RECOMMENDATION:
Authorize the City Manager to negotiate and execute a management agreement with
Kemper Sports Management, Inc. for management services at Iron Horse Golf Course.
DRAFT —SUBSTANTIALLY COMPLETE
(This Agreement will be finalized following City Council approval)
MANAGEMENT AGREEMENT FOR IRON HORSE GOLF COURSE
THIS MANAGEMENT AGREEMENT ("Agreement") is made and entered into as of
January ,2022("Effective Date"),by and between The City of North Richland Hills, a Texas
home-rule municipality ("City" or "Owner") and Kemper Sports Management, Inc., an Illinois
corporation ("KSM").
WITNESSETH:
WHEREAS, The City owns the golf course and related facilities located in North Richland
Hills, Texas known as "Iron Horse Golf Course" (the "Golf Course" or"Club").
WHEREAS, City and KSM desire for KSM to operate and manage all amenities at the
Golf Course, including day-to-day operations, sales and marketing, golf course maintenance, food
and beverage, annual pass sales,pro shop merchandise sales, payroll and benefit administrations,
insurance, financial reporting and accounting, and other related activities, subject to the terms and
conditions of this Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants, promises and
agreements herein contained, the Parties hereto agree as follows:
ARTICLE 1
DEFINITIONS
I.I. Definitions. All capitalized terms referenced or used in this Agreement and not
specifically defined herein shall have the meanings set forth on Exhibit A attached hereto.
ARTICLE 2
APPOINTMENT AND TERM
2.1. Appointment. City hereby retains, engages and appoints KSM to perform the
Management Services (as defined in Section 3.1) during the Term, as more fully described herein,
and KSM hereby accepts said appointment upon and subject to the terms hereof.
2.2. Term. This Agreement shall be effective as of the Effective Date, but the term (the
"Initial Term")for performance of the Management Services under this Agreement shall begin on
April 1, 2022, or the date all required insurance coverage is obtained in accordance with Section
4.3, if after April 1, 2022 (the "Commencement Date") and unless sooner terminated as provided
in Article 9 below, shall terminate on March 31, 2025 (the "Termination Date"). This Agreement
Management Agreement I Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
shall be automatically renewed for two(2) additional one(1)year terms (each a"Renewal Term"),
unless either parry gives notice in writing to the other parry of its intent not to renew the Agreement
at least ninety (90) days prior to end of the applicable Term. The Initial Term and any Renewal
Term shall collectively be referred to as the "Term."
ARTICLE 3
MANAGEMENT SERVICES
3.1. Management of the Golf Course and Property. During the Term, KSM shall perform
the management services described in this Article 3 in order to supervise, manage, direct and
operate the Golf Course and the Property on behalf of and for the account of City(collectively,the
"Management Services"), subject to the terms of this Agreement and consistent with the budgets
approved by City. Subject to the foregoing, City hereby delegates to KSM, subject to the terms
and conditions set forth herein, the discretion and authority to determine operating policies and
procedures, standards of operation,house rules, standards of service and maintenance,pricing, and
other policies, rules, and regulations affecting the Golf Course or the Property or the operation
thereof, to implement all of the foregoing, and to perform any act on behalf of City deemed by
KSM to be necessary or desirable for the operation and maintenance of the Golf Course and the
Property.
3.2. Use of the Property. City hereby grants to KSM the right to use and occupy the
Property during the Term for the purposes set forth herein. KSM shall, upon the expiration or
prior termination of the Term, vacate and surrender the Golf Course and Property to City.
3.3. Scope of Services.
3.3.1. City/KSM Representative. City shall designate a representative to monitor
KSM's operation.This representative will be the direct liaison between City and KSM. The
Golf Course General Manager shall be KSM's primary/day to day representative. KSM's
Regional Operations Executive will be KSM's secondary representative and KSM's
Executive Sponsor will be an additional representative on an "as needed"basis.
3.3.2. Operations Services. KSM shall supervise and direct the Golf Course
operations,includingbutnot limited to,the timely operation,completion and/orprovision of
the following:
0 The collection, deposit and reporting of revenue;
0 The procurement of and payment authorization for
materials and services;
0 Starter `s services, marshaling services and driving range
management;
0 Golf merchandise sales, rentals and repair, golf tournament
and event management,junior golf programming, golf
lessons and clinics programming, and the storage and repair
Management Agreement 2 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
of items related to the game of golf,
0 Food and beverage operations, room rental, catering and
banquets, provision of meeting space;
0 Turf grass management, general supervision of the Golf
Course and the preparation of grounds for daily play;
0 Custodial services,preventative maintenance, and minor
repairs to the buildings and Golf Course;
0 Planning and preparing for meetings;
0 Monitoring utility usage; and
0 Any incidental services in accordance with the detailed
specifications described herein.
3.3.3. Management Services. As part of the Management Services hereunder,
KSM shall use commercially reasonable efforts to do the following:
3.3.3.1. Implement KSM's proprietary TrueService® Customer Service
program designed to train the course employees to deliver a high-level of customer
service every day at the Golf Course. Each Golf Course employee will be required
to participate in the company's training program.
3.3.3.2. Respond in a timely manner to reasonable requests from City and its
agents or counsel.
3.3.3.3. Manage, operate, and maintain the Golf Course in accordance with
the Operating Standards as set forth in Section 3.3.3.9 below and in the best interest
of the City. Ensure that the course is kept clean, safe, secure and in good working
order.
3.3.3.4. Protect City's capital investments through ongoing maintenance,
supervision of repairs and recommendations by KSM to the City on capital
expenditures provided that adequate funding for maintenance and repairs is
available from the City in the annual budget.
3.3.3.5. Effectively involve, as much as is practical, all sectors of the local
community in the business and employment opportunities that will become
available as a direct or indirect consequence of the operation of the Golf Course.
3.3.3.6. [Intentionally Omitted].
3.3.3.7. [Intentionally Omitted].
3.3.3.8. [Intentionally Omitted].
3.3.3.9. Maintain and operate the Golf Course in accordance with the
Operating Standards. "Operating Standards" means the operation of the Golf
Course pursuant to the operating and maintenance standards set forth in Exhibit E
"Operating Standards" and in a manner consistent with (i) the following
municipally owned public daily fee Golf Courses in Dallas/Fort Worth Metroplex
area to the extent that they maintain comparable operating and capital budgets as
Management Agreement 3 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
Golf Course: Fossil Creek Golf Club,Texas Star Golf Club and Texas Rangers Golf
Club; (ii) current prudent business and management practices applicable to the
operation, repair, maintenance and management of Golf Courses of similar age,
condition and with comparable operating and capital budgets as the Golf Course,
including compliance with Legal Requirements; (iii) at a minimum, the standards
applicable to other comparable municipal Golf Courses operated by KSM or an
affiliate of KSM; (iv) keeping the Golf Course in a clean, safe, sanitary and
attractive condition and in good working order; and (v) reasonably calculated to
protect and preserve the assets and City's investment in the Golf Course.
3.3.3.10. Operate the Golf Course in compliance with Legal
Requirements. "Legal Requirements" means all laws, statutes, ordinances, rules,
regulations, permits, licenses, and requirements of all governments or regulatory
authorities, that now or hereafter may be applicable to the Golf Course and the
operation thereof, including those relating to employees, zoning, building, health,
safety and environmental matters, and accessibility of public Golf Courses. "Legal
Requirements" also includes intellectual rights of third parties, including
copyright.
3.3.3.11. Manage, in an efficient and cost-effective manner, all aspects of
the Golf Course operations such as grounds-keeping, custodial and maintenance
services, security, marketing, event services including event set- up/tear down,
food service, scheduling, sponsorship and promotional services and
financial/administrative services including accounting, budgeting, purchasing,
human resources/personnel and contracting.
3.3.3.12. Continuously operate the Golf Course and comply with KSM's
obligations under the Agreement in accordance with the Operating Standards; not
abandon the Golf Course; and act in good faith to maximize Gross Revenues at
the Golf Course to the greatest extent possible consistent with City's objective to
maximize economic impact, in accordance with this Agreement.
3.3.3.13. Administer all utility and other contracts required in the
ordinary course of business in operating the Golf Course.
3.3.3.14. Provide, or cause to be provided, all incidental services
required in connection with the Golf Course or its events and provided services,
the costs of which shall be an Operating Expense of the Golf Course.
3.3.3.15. Maintain an adequate staff of courteous and efficient
employees on duty at the Golf Course and provide appropriate supervision of
such employees.
3.3.3.16. Implement KSM's proprietary "Green to a Tee"
environmental program designed to develop, establish and follow, to the extent
reasonably practicable, a resource and energy conservation program to achieve
the energy-efficient management and use of the Golf Course, while still
maintaining the Operating Standards of the Golf Course.
Management Agreement 4 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
3.3.3.17. Provide operational oversight of all key operating areas such
as turf management, golf professional services, food and beverage operations
and Golf Course maintenance shall be provided to ensure that the facility is
operated at a level comparable to the following other municipally owned public
daily fee golf courses in the Dallas/Fort Worth Metroplex area to the extent that
they maintain comparable operating and capital budgets as Golf Course: Fossil
Creek Golf Club, Texas Star Golf Club and Texas Rangers Golf Club.
3.3.3.18. Maintain all utilities and pay for utilities such as electric,
water, natural gas, phone, computer connectivity, or any other utilities to
support the Golf Course.
3.3.4. Fees and Prices
3.3.4.1. KSM shall recommend a fee schedule containing greens fees, cart
rental fees, range fees, annual pass fees, food and beverage pricing, room rental
fees, etc. during the annual budget process which will be based upon current fees,
existing market conditions and offsetting expenses.
3.3.4.2. When reviewing and approving the annual budget for the Golf
Course, City shall review and approve the fee schedule setting forth the fees to
be charged at the Golf Course
3.3.4.3. Subject to City approval, KSM shall set prices for rental
equipment, range balls, golf programming and lessons, and other golf services
based upon prevailing industry standards.
3.4. Financial Terms and Reporting Requirements
3.4.1. KSM shall manage and maintain the computerized point of sale system
(POS) that identifies the various categories of greens fees, a comprehensive tally of all
greens fee sales, food and beverage sales, pro-shops merchandise sales, classes and
lessons, driving range sales and daily deposits of cash receipts and checks. All Gross
Revenue collection, customer processing and revenue reporting shall conform to
applicable policies and procedures of KSM and generally accepted accounting practices.
3.4.2. KSM shall collect all Gross Revenues generated through the operation of
the Golf Course and document and spend all monies necessary for the proper management,
operation, maintenance, and supervision of the Golf Course.
3.4.3. KSM shall provide such advice and assistance in relation to the operation,
management, maintenance and supervision of the Golf Course, including, but not limited
to, recommending potential changes to sources of revenue, partnerships, prices and
policies and other such practices that could potentially improve the financial success of
the facility.
3.4.4. KSM may be requested by the City to provide reports on the following on
a monthly, quarterly or annual basis:
Management Agreement S Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
• The results of any customer satisfaction surveys submitted
at the Golf Course shall be provided within thirty (30) days
of completion of the survey.
• Quantity of complimentary and employee rounds shall be
provided monthly.
• An annual Business Plan for the upcoming year.
• An annual Marketing Plan for the upcoming year
• Monthly reconciliation of account receivable and deferred
income.
• Monthly net operating income statement.
• Monthly fixed asset and merchandise inventory.
• Proposed budget to include both income and expenses.
• Five-year capital expense plan.
All budgets and plans shall be prepared based on what KSM believes to be reasonable
assumptions and projections. KSM shall not be deemed to have made any guarantee or
warranty in connection with the results of operations or performance set forth in the
budgets or plans and the parties acknowledge that such budgets and plans are based
solely upon KSM's judgment, and the facts and circumstances known by KSM at the
time of preparation
3.5. Buildings
3.5.1. Subject to City funding through the approved annual budget, KSM shall
provide routine janitorial and routine building maintenance services.
3.5.2. KSM shall not make any substantial changes to the building without the
prior written consent of City.
3.5.3. Subject to City funding through the approved annual budget, KSM shall
provide routine preventative maintenance at the Golf Course in accordance with the
Operating Standards. KSM shall conduct facility audits on a regular basis and submit their
findings with recommended repairs and changes to City. Subject to City funding, KSM
shall make the necessary repairs and implement recommended changes in a timely fashion.
3.6. Marketing
3.6.1. KSM shall develop and implement an active marketing and sales program
designed to promote the Golf Course and increase rounds of golf. Key elements of the plan
are:
• Property Vision
• Yearly Objectives
Management Agreement 6 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
• Business Review
o Local Market Analysis
o Competitive Analysis
o SWOT Analysis
o Customer Insights
• Marketing and Sales Objectives
• Marketing and Sales Strategies and Tactics
• Brand and Communication Strategy
• Marketing Calendar and Budget
All costs associated with the execution of the marketing and sales plan implementation will
be Operating Expenses of the Golf Course, including hiring a dedicated Sales and
Marketing Director for the Golf Course, if needed.
3.6.2. KSM shall promote a wide variety of events and programs. These may
include, but not be limited to, scrambles, leagues, tournaments, events and camps. KSM
shall target all age and gender groups and this availability shall be advertised throughout
KSM by a variety of means.
3.6.3. KSM shall implement an active tournament/promotions program to
encourage use of the Golf Course.
3.6.4. KSM shall develop and implement a golf teaching/learning program, along
with associated marketing and advertising, to introduce new players to the game and
increase course use.
3.6.5. KSM shall develop and implement marketing plan for events, weddings,
rentals, meetings, etc.
3.6.6. KSM will use reasonable efforts to develop partnerships to leverage
marketing efforts.
3.7. Personnel
3.7.1. All of the employees of the Golf Course shall be employees of KSM. KSM
shall (i) determine personnel requirements, recruitment schedules, and compensation
levels, (ii) furnish job descriptions, performance appraisal procedures, employee benefit
programs, and operational and procedural manuals for all personnel, and (iii) establish
forms and procedures for employee compensation and the Golf Course incentive programs.
KSM shall hire, promote, discharge, and supervise all employees performing services in
and about the Golf Course.
3.7.2. Persons employed by KSM in the performance of services pursuant to this
Contract shall not be considered employees of City, shall be independent thereof and shall
Management Agreement 7 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
have no claim against City as to pension, workers compensation, unemployment
compensation, insurance, salary, wages, benefits, or other employee rights or privileges
granted by operation of law or by KSM.
3.7.3. KSM shall retain an on-site Golf Course manager who shall have an
educational background in business or golf management and have at least five (5) years of
full time operational experience in Golf Course management.
3.7.4. KSM shall retain an on-site Golf Course superintendent who shall, at a
minimum, have education and experience equivalent to graduation from a standard high
school with additional course of study in a field related to Agronomy, Horticulture, etc.,
and five (5) years progressively responsible experience in Golf Course maintenance, or a
combination of experience and training which provides the necessary skills, knowledge
and abilities in lieu of educational requirements. A GCSAA (Golf Course Superintendents
Association of America) certified superintendent is preferred.
3.7.5. The City shall have the right to approve the individual(s) KSM intends to
hire to fill the positions of General Manager, Golf Course Superintendent, and Golf
Professional/Director of Golf(regardless of the titles given for such positions by KSM),
collectively referred to herein as "Golf Course Management Personnel." Such approval
shall not be unreasonably withheld. The City shall have the right to request a change in
either of the Golf Course Management Personnel positions if the individual(s) are not
performing up to the standards expected in the contract or KSM's proposal.
3.8. Security
3.8.1. KSM shall be responsible for providing, or causing to be provided, the
security and protection of Golf Course, any and all current inventory, and equipment,
including any items hereafter placed on, or installed in, or stored at the facility.
3.8.2. KSM shall be responsible for the security and protection of all revenue,
receipt books, cash funds and check books at the Golf Course by properly securing these
items in City approved safes on the Property until such time as they are required for use
and/or transferred to other financial institutions.
3.8.3. KSM shall use commercially reasonable efforts to prevent unauthorized
access to the Golf Course and its support facilities given that the Golf Course is located in
a residential community.
3.8.4. KSM shall designate twenty-four (24) hour response, backup response and
support staff to answer alarms and respond to emergencies. KSM shall provide this
information to the North Richland Hills Police Department.
3.8.5. KSM shall provide to City a list of all personnel who have keys to the Golf
Course and/or personnel who are privy to security code access and/or safe combinations at
the Golf Course. Any subsequent changes in personnel shall be provided to City.
3.8.6. KSM shall be responsible for keeping the security systems, if available,
operational during all times the Golf Course are not supervised by KSM's staff.
Management Agreement 8 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
3.8.7. KSM shall be responsible for maintaining appropriate procedures for
employees regarding the security of POS email systems at the Golf Course. KSM shall
provide and maintain a list of those employees with approved access to the systems.
3.9. Equipment Inventory
3.9.1. City shall furnish a listing of certain City assets as described in Exhibit
H for KSM's use for operating, managing, and maintaining the Golf Course.
Additional/replacement assets will be added on an annual basis and included in City's
fixed asset management database. At the end of the Contract, or any subsequent
extensions, KSM shall return said assets to City in the same condition as received, normal
wear excepted.
3.9.2. KSM shall conduct, at least annually, a physical inventory to verify that
all assets are present at the Golf Course. KSM is responsible for the replacement of all
assets as described in Exhibit H (and all replacements and additions thereto) resulting
from the intentional or negligent acts of KSM and/or KSM's employees. Except for repair
and maintenance of inventory or per the golf operations standard operating procedures,
KSM shall not remove any assets from the Golf Course without prior written approval
from the City's designated representative.
3.9.3. City shall upgrade all equipment and facilities at the Golf Course as
required to meet current standards and changes as mandated by federal, state and local
laws.
3.10. Turf Management
3.10.1. All customary time sensitive maintenance and setup functions which are
essential to providing quality playing conditions for the public shall be provided in a timely
manner by KSM.
3.10.2. The Golf Course shall be regularly evaluated, and capital improvements
shall be recommended by KSM wherever necessary.
3.10.3. The Golf Course Superintendent employed by KSM shall comply with
reasonable service requests furnished by City.
3.10.4. Office space shall be provided by City to the KSM Golf Course
Superintendent.
3.10.5. City, as a Golf Course Operating Expense, may perform independent
agronomic evaluations of the Golf Course on a semi-annual or annual basis utilizing
professionals from the USGA Greens Section or another recognized professional
consultant service. Subject to City funding, KSM shall be required to implement any
corrective actions recommended by the USGA and as directed by City in a timely manner.
Management Agreement 9 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
3.10.6. KSM shall provide annual course maintenance programs for fertilization,
chemicals and top dressing formulations to be reviewed and approved by City in the annual
budget.
3.11. Professional Expertise
3.11.1. When necessary to obtain maximum outcomes, KSM shall supplement
trained maintenance personnel with professional turf consultants, entomologists, plant
biologists and such other professional specialists as are necessary. These personnel shall
be hired/engaged as an Operating Expense of the Golf Course.
3.11.2. KSM shall integrate its full-service maintenance program based upon
generally accepted turf management principles and KSM's maintenance manual, as
approved by City in the annual budget.
3.11.3. KSM shall ensure that the Golf Course Superintendent has the educational
background and experience necessary to provide ongoing maintenance programs.
3.11.4. KSM shall ensure applications of restricted use pesticides on the premises
of the Golf Course shall be performed by or under the supervision of a licensed pesticide
applicator. Applications must follow label, guidelines, directions and restrictions.
3.12. Work Hours \Safety
3.12.1. Scheduling of work hours to accomplish maintenance services shall
conform to the course maintenance requirements of KSM.
3.12.2. In the event of a natural disaster, City may issue written authorization to
KSM to allow non-budgeted overtime and other expenses to repair the Golf Course.
3.12.3. KSM shall be responsible for instructing its employees in appropriate
safety measures.
3.12.4. KSM's personnel shall be required to interrupt performance of their work,
as necessary, to allow passage of golfing traffic.
3.12.5. KSM shall conduct monthly safety meetings for all maintenance staff
working at the facility.
3.13. KSM Evaluation Of Operations/Equipment
3.13.1. At the end of the first one-hundred twenty (120) days following the
Commencement Date, KSM shall submit a formal report to City representative outlining
recommendations which are intended to improve the quality of service and assist in
effecting future cost savings. KSM shall also submit an equipment replacement plan
listing the current equipment inventory, replacement schedule and estimated cost of
replacement.
3.13.2. On an annual basis, during the budget process, KSM shall submit to City
any recommended changes to maintenance equipment inventory.
Management Agreement 10 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
3.14. Equipment, Materials and Supplies. City shall provide certain storage areas and
office space for KSM's use.
3.15. Pro-Shop Operations
3.15.1. The golf shops and all associated storage areas shall be maintained by KSM
in a high quality manner, subject to adequate funding by City, in accordance with the
detailed specifications contained herein.
3.15.2. KSM shall be responsible for pro shop merchandising, inventory control,
product evaluation, delivery scheduling and customer service shall be provided by
competent professionals and salesclerks in accordance with the specifications contained
herein.
3.15.3. KSM shall be responsible for planning and booking events and activities
such as, but not limited to, golf tournaments, leagues, lessons, and clinics shall be planned
and promoted to individuals, businesses, clubs and associations in order to maximize the
use of the Golf Course.
3.15.4. KSM shall recommend procedures for advance reservations of golf tee
times to City. City shall have final approval for the advance reservations for golf tee times
policy.
3.15.5. KSM shall ensure that its Company approved dress code and standards are
upheld by staff and guests on premises.
3.15.6. KSM shall provide at the Golf Course, as an optional service, a golf
handicap service fee to both men and women golfers who patronize the Golf Course. Any
fees collected for this service shall be considered Gross Revenue. Any fees incurred for
providing this service shall be Operating Expenses of the Golf Course. The handicap
service shall not include, as part of its benefits, any privileges to use the Golf Course, other
than the privileges otherwise available to the general public.
3.15.7. KSM shall provide Starter and Marshalling services which shall include
the assignment of tee times, carts, and the collection of fees. While the Golf Course is open
for play, Marshals shall closely monitor and control the speed of play and assist the slower
golfers in order to maintain golf play at acceptable levels. Starters and Marshals are KSM
employees and are an Operating Expense of the Golf Course.
3.15.8. The driving range shall be opened and closed according to the normal
operating times of the Golf Course. KSM shall charge a fee for use of the driving range
on a per bucket basis. At KSM's discretion, a certain amount of driving range balls may be
provided at no additional cost to the public,golf professionals for golf lessons and to KSM's
staff for their personal use during non-working hours, in conjunction with approved
marketing programs, and on a limited basis for customer service issues.
3.15.9. Quality rental golf clubs,both left-handed and right-handed, and bags shall
be available for rental to customers of the Golf Course at a fee to be determined, from time
to time, by the City.
Management Agreement 11 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
3.16. Hours Of Operation. Golf Course operates seven (7) days a week, three hundred
and sixty-three (363) days a year from approximately thirty minutes before the first tee time until
30 minutes after dusk. The Golf Couse will be closed on Thanksgiving and Christmas.
Additionally, the clubhouse facility is made available to groups until approximately 1 1 pm, if
requested. Any changes to these hours shall be approved by City in its sole discretion.
3.17. Golf Cart Fleet
3.17.1. A golf cart maintenance program shall be established and approved as a
part of the Operating Standards, and as set forth in Exhibit "E." The
program shall, at a minimum, correlate with the recommended preventative maintenance
guidelines provided by the golf cart manufacturer. KSM shall keep maintenance and
usage records for each cart.
3.17.2. KSM's golf operations staff shall ensure that the golf carts are clean, safe
and operational prior to issuing golf carts to the public.
3.17.3. Golf carts being returned by customers shall be inspected for damage.
KSM shall utilize industry standard business practices to assist City in its effort to hold
customers responsible for any damage caused during their use of the vehicle. KSM shall
use commercially reasonable efforts to assist City in its attempt to recover all costs
associated with making the necessary repairs to the vehicle.
3.18. Evaluation Of Operations
3.18.1. City may, at any time during the Term of this Agreement, in its discretion
exercised in good faith, inspect some or all of the Golf Course for purposes of evaluating
compliance with the Operating Standards. In conducting such inspection and
evaluation, the City representative shall promptly thereafter, but not later than fifteen
(15) days, provide KSM with inspection reports as set forth in Exhibit F entitled "Golf
Operations and Maintenance Operations Audit" and Exhibit G entitled "Clubhouse, Food
& Beverage, Personnel Procedures, Carts". The City may, in its sole discretion,
inspect any additional items it reasonably and in good faith deems necessary
to evaluate compliance with this Agreement and satisfaction with the services
being provided hereunder. The City shall act reasonably and in good faith in making
the determination of whether KSM has met the Operating Standards of the applicable
areas being evaluated.
3.18.2. The Golf Course inspection reports shall be rated as "Acceptable", "Needs
Improvement", or "Unacceptable" (or other agreed upon rating system). The City
representative rating of an item as "Unacceptable" in either Exhibit F or Exhibit G shall
constitute a Notice of Golf Course Deficiency with respect to the deficient item(s). The
City representative may attach additional pages to both Exhibit F and Exhibit G to provide
additional details on specific areas that are deemed "Unacceptable" to enable the KSM
representative to specifically address these concerns and address the issues.
Management Agreement 12 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
3.18.3. Within one (1) week after receipt of an inspection report, City, general
manager of the Golf Course, and the Golf Course superintendent, if necessary, shall meet
with the City representative issuing the report to review the deficiency item(s), review the
corrective actions KSM intends to take to correct the deficiency item(s) and review the
time schedule for completion of corrective action. The proposed corrective action and time
schedule shall be reasonably approved by City. When a deficient item has been
satisfactorily corrected, KSM shall notify City.
3.18.4. If KSM obtains an overall rating of"Unacceptable" for a period of two (2)
consecutive months, or three (3) months within a four (4) month period or fails to take
action to timely correct any deficiency item(s) in accordance with Section 3.18.3 above,
the City representative shall submit a Vendor Performance Report and supporting
documentation shall be submitted to City Purchasing Division to notify them of KSM's
non-performance. Upon receipt of a Vendor Performance Report,the Purchasing Division,
in conjunction with the City's Parks and Recreation Department, shall formally contact
KSM to resolve the performance issues. When KSM has addressed the deficiencies to
City's reasonable satisfaction, and then is non-compliant for any two(2)months within any
single Fiscal Year,it shall be considered,subject to the notice requirements and opportunity
to cure in Section 8.1(ii), an Event of Default on the part of KSM and the City may
terminate the Agreement by giving written notice to KSM as outlined in the Agreement.
3.18.5. The following items shall be considered exclusions for the purpose of
determining whether there has been an Event of Default,and for the purpose of determining
whether an outstanding deficiency item has been timely corrected:
3.18.5.1. Any outstanding deficiency item that KSM is diligently and
timely correcting in accordance with the time schedule jointly agreed to by KSM
and City
3.18.5.2. Any deficiency item in which the correction is considered a
capital improvement, but only if and to the extent KSM, in light of its expertise
and experience as a manager of similar municipal Golf Courses, could not have
taken reasonable measures to prevent or mitigate the deficiency item from
occurring.
3.18.5.3. Any deficiency item that KSM is unable to correct because of
the occurrence of a Force Majeure Event, but only to the extent KSM, in light of
its expertise and experience as a manager of similar municipal Golf Courses, could
not have taken reasonable measures to prevent or mitigate the Force Majeure
Event.
3.18.5.4. Any deficiency item that KSM is unable to correct due to City's
failure to provide sufficient funds to effect such correction, but only to the extent
City is obligated under this Agreement to provide such funds, and only if and to
the extent KSM, in light of its expertise and experience as a manager of similar
municipal Golf Courses, could not have taken reasonable measures to prevent or
mitigate the deficiency item from occurring.
Management Agreement 13 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
From time to time, or on an as needed basis, City, as a Golf Course Operating Expense,
may bring in an outside consultant such as the USGA or GCSAA (Golf Course
Superintendents Association of America), to conduct an independent evaluation of the
facility, or to assist KSM in conducting its evaluation process.
3.19. Permits/Licenses
3.19.1. City and KSM shall obtain,maintain current and fully comply with any and
all permits, licenses and other governmental authorizations, however designated, as may
be required at any time, by any federal, state or local governmental entity or any court of
law having jurisdiction over City and KSM or KSM's operations and activities, for any
activity of KSM's conducted at the Golf Course. KSM shall provide to City, upon written
request, certified copies of all permits and licenses.
3.19.2. City shall provide payment for all permits and licenses required by KSM
for KSM's obligations hereunder.
3.20. Safety Regulations
3.20.1. KSM shall conduct its operations and activities in a safe manner, shall
comply with all safety regulations of KSM and safety standards imposed by applicable
federal, state and local laws and regulations. KSM shall require the observance thereof
by all employees, KSMs, business invitees and all other persons transacting business
with or for KSM resulting from, or in any way related to, the conduct of KSM's business
at the Golf Course.
3.20.2. KSM shall maintain fire prevention and extinguishing devices, as a course
operating expense, as required by the City and shall at all times be familiar with and
comply with the fire regulations and orders of the City and the fire control agency with
jurisdiction at the Golf Course. KSM, nor employee or any person working for or on
behalf of KSM, shall not require any personnel engaged in the performance of KSM's
operations to work in surroundings which are unsanitary, hazardous, or dangerous to his
or her health or safety.
3.21. Environmental And Natural Resource Laws, Regulations And Permits
3.21.1. It shall be the responsibility of KSM to be knowledgeable of any and all
federal, state, regional and local government laws, ordinances, regulations, orders and
rules,without limitation,which govern the operations of Golf Course.
3.21.2. KSM shall acknowledge and understand that its operations performed
may involve the generation, processing, handling, storing, transporting and disposal of
certain hazardous and/or toxic materials which are, or may be, subject to regulation by
federal, state or local law, ordinance, regulations, rules, orders, or other governmental
rules and requirements.
3.21.3. If KSM is deemed to be a generator of hazardous waste, as defined by
federal, state or local law, KSM shall obtain an EPA identification number and the
appropriate generator permit and shall comply with all requirements imposed upon a
Management Agreement 14 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
generator of hazardous waste, including but not limited to, ensuring that the appropriate
transportation and disposal of such materials are conducted in full compliance of the law.
3.21.4. Provisions shall be made by KSM to have an accurate inventory list
(including quantities) of all such hazardous, toxic and other contaminated or polluted
materials, whether stored, disposed of or recycled, available at all times for inspection by
City, including fire department officials, for implementation of proper storage, handling
and disposal procedures.
3.21.5. KSM shall notify City Solid Waste Authority, or such other agencies as
City may from time to time designate, of all hazardous waste activities for the inclusion as
a City generator of such waste.
3.21.6. In case of any spill, leak or other emergency situation involving hazardous,
toxic, flammable and/or other pollutant/contaminated materials, KSM shall furnish the
name and telephone number of the emergency coordinator to City Risk Management
Department/Safety Division and to all appropriate governmental entities having
jurisdiction thereof.
3.21.7. KSM, its employees, agents, subcontractors, and all persons working for or
on behalf of KSM, shall be fully and properly trained in the handling of all such hazardous
and toxic waste materials and other pollutants and contaminants, and such training shall
comply with all federal, state and local laws, ordinances, regulations, rulings, orders and
standards which are now or are hereafter promulgated.
3.21.8. KSM shall have an integrated pest management plan that will provide
instruction on how, when,where and why chemical application of pesticides, herbicides,
fertilizers, or other chemicals that are applied.
3.21.9. Throughout the Term, if KSM becomes aware of the presence of any
Hazardous Material in a quantity sufficient to require remediation or reporting under any
Environmental Law in, on or under the Property or if KSM, City, the Golf Course, or the
Property becomes subject to any order of any federal, state or local agency to investigate,
remove, remediate, repair, close, detoxify, decontaminate or otherwise clean up the
Property, KSM shall notify City and City, at its sole expense, but with full cooperation
from KSM, shall use all commercially reasonable efforts to carry out and complete any
required investigation, removal, remediation, repair, closure, detoxification,
decontamination or other cleanup of the Property; City acknowledges and agrees that City
shall be solely responsible for any legal or other liability arising out of the presence of any
Hazardous Material in, on or under the Property, except to the extent such Hazardous
Material is present in,on or under the Property solely as a result of grossly negligent actions
or willful or intentional misconduct undertaken by KSM.
3.22. Ste. No signs shall be erected or maintained by KSM in the view of the public in,
on, or about the Golf Course without the prior written approval of City,which consent shall not be
unreasonably withheld.
3.23. Inspections. The authorized employees and representatives of the City and any
applicable federal, state and local entity having jurisdiction hereof shall have the right of access to
Management Agreement 15 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
Golf Course at all reasonable times for the purposes of inspection for compliance with the
provisions of this Agreement.
3.24. [Intentionally Omitted].
3.25. Vendor Contracts. KSM shall negotiate, consummate, enter into, and perform such
agreements with third party vendors ("Vendor Contracts") as KSM may deem necessary or
advisable for the furnishing of all utilities, concessions, entertainment, operating supplies,
equipment, repairs and other materials and services as KSM determines are needed from time to
time for the management and operation of the Golf Course. KSM shall act in good faith and in the
City's best interest in performance of such Vendor Contracts. Notwithstanding the above, any
contract that exceeds Twenty Five Thousand Dollars ($25,000) in total payments over the term of
such contract or which has a term of over three (3) years shall require the prior written consent of
City, which such consent may be withheld in the City's sole discretion City may participate in
KSM's national account group purchasing programs and shall be entitled to discounted prices
offered to KSM clients as part of KSM's national buying program on eligible purchases made by
KSM on behalf of the Golf Course. In consideration of KSM's efforts to manage and administer
such national buying program and leverage volume across the aggregate of its portfolio of clients,
KSM may retain any national aggregation fees, rebates, administrative fees and similar
considerations provided to KSM by participating vendors with respect to such national account
purchases.
3.26. Budgets. All budgets, as hereinafter set forth(collectively, the `Budgets"), shall be
prepared with the advice and counsel of the City Parks and Recreation and Finance Departments,
based on what KSM believes to be reasonable assumptions and projections, and delivered to City
for City's review and written approval. All Budgets shall be presented in reasonable detail_ KSM
shall not be deemed to have made any guarantee or warranty in connection with the results of
operations or performance set forth in the Budgets and the Parties acknowledge that the Budgets
are based solely upon KSM's judgement, and the facts and circumstances known by KSM at the
time of preparation.
3.26.1. Operating Budget. Within forty-five (45) days after the Commencement
Date,KSM shall submit to City,for City's review and written approval, a proposed revised
Fiscal Year 2022 and proposed Fiscal Year 2023 Operating Budget setting forth the
forecasted revenues and expenses associated with the operations of the Club for the current
Fiscal Year ("Operating Budget"). Any recommended Capital Expenditures for the Club
will be included in a proposed Capital Budget. The proposed budget(s)will be in sufficient
detail that includes the documentation, calculations, and/or schedules to verify how each
proposed budget line item is determined. In accordance with the City's Budget Calendar
and timeline as adopted by City Management, not later than March 1st of each year, KSM
shall submit to City, for City's review and written approval, a proposed Operating Budget
and a proposed Capital Budget of the Club for the upcoming Fiscal year or part thereof
within the Term. KSM understands that the City Council must approve any budget before
October 1 of the year. No commitments or expenditures can be made until the Budget is
approved.
Management Agreement 16 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
3.26.2. City's Review and Approval of Budd. The Budgets shall be for City's
review and written approval, subject to the terms of this Agreement, which shall be
presented to the City Council after receiving the recommendation of the City Management.
The City shall give its written comments and/or approval according to the City's Budget
Calendar and approval timeline.
3.26.3. Unanticipated Expenditures and Reallocation of Funds. KSM shall be
required to obtain City's prior written approval of any expenditures that would result in the
total budgeted expenditures within any departmental Budget being exceeded by the greater
of (i) $5,000 or (ii) more than five percent (5%). City acknowledges that KSM has not
made any guarantee, warranty, or representation of any nature whatsoever concerning or
relating to (i) the Budgets, or (ii) the amounts of Gross Revenues or Operating Expenses
to be generated or incurred from the operation of the Club.
3.27. Financial Management, Accounting Records and Reporting. KSM will employ an
on-site Controller (the cost of which shall be an Operating Expense) for the Club whose duties
shall include:(i) maintaining all books, records, and other data associated with the financial
activities of the Club, (ii) preparing all operating budgets, cash flow budgets, and other financial
forecasts, and (iii) being responsible for the day-to-day financial affairs of the Club. All
accounting records shall be maintained in a format consistent (in all material respects) with
generally accepted accounting principles.
3.27.1. Financial Reporting. During the Term, KSM shall provide the following
financial statements in a format reasonably specified by City:
(i) KSM shall submit to City, within fifteen (15) days after the close of each
calendar month, a financial statement showing in reasonably accurate detail
the financial activities of the Club for the preceding calendar month and the
Fiscal year to date. Financial statements will be available in both Adobe
PDF and Microsoft Excel formats.
(ii) KSM shall submit to City, within thirty (30) days after the close of each
Fiscal year, a financial statement showing in accurate detail the financial
activities of the Club for the Fiscal year then ended. Financial statements
will be available in both Adobe PDF and Microsoft Excel formats.
(iii) KSM shall establish the financial chart of accounts for the Club in such
manner as to provide sufficient financial control over the operations. KSM
will be responsible for providing and maintaining an account conversion /
crosswalk for financial chart of accounts so the Club's financial statements
can be combined with the City's financial chart of accounts without
modification to the City's financial system.
(iv) KSM, through the onsite Golf Course financial manager, will assist the
City's external auditor in reviewing the financial statements, internal
control documentation or procedures, inventory practices and valuations,
asset tracking and recordkeeping, or any other matter deemed necessary to
complete the annual audit report.
Management Agreement 17 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
(v) The monthly reporting package shall include both financial and
performance measurement reports. The monthly reporting package will
include reports based on consolidated operations of the Club and on specific
operating divisions (i.e., Golf Course, Clubhouse, Rental/Catering, Food&
Beverage Service,etc.)for the prior month,current month,prior Fiscal year,
current month in prior Fiscal year, and current Fiscal year to date. The
monthly reporting will include, but not necessarily limited to:
• Balance Sheet, Income Statement, Cash Flow Statement,
Statement of Retained Earnings
• Bank Reconciliations for all bank accounts including bank
statements for each,
• Analyses of Management Fee earned for the prior month,current
month and Fiscal year to date,
• Analyses of Accounts Payable and Vendor payments for the
month and Fiscal year to date,
Additionally,upon request from the City, KSM will provide the following:
• Analyses of memberships by person/entity showing total paid,
amount of revenue earned to date, and unearned revenue
remaining,
• Analyses of tournament revenue by person/entity showing total
paid, amount of revenue earned to date, and unearned revenue
remaining, and
• Analyses of Rental/Catering revenue by person/entity showing
total paid, amount of revenue earned to date, and unearned
revenue remaining.
• Analyses of all Advances paid by City to KSM
• Analyses of all activity related to maintaining compliance with
FDIC Insurance limits for collateralization.
3.27.2. Internal Control_ KSM agrees to develop, install, and maintain reasonably
appropriate accounting, operating, and administrative controls governing the financial aspects of
the Club, such controls to be consistent (in all material respects) with generally accepted
accounting principles. A copy of all current internal control procedures and/or processes will be
kept onsite at the Golf Course and made available for inspection by the City.
3.27.3. Records and Inspection. KSM shall maintain a set of all financial, vendor
and operating records relating to the Club at the Property. At any time during the Term, City shall
have the right, after three (3) days prior written notice to KSM, to inspect the books, records,
invoices,deposits, or other financial data or transactions of the Club at reasonable times and during
normal business hours; provided, however, City shall use its best efforts to not cause any
disruptions in the operations of the Club in connection with such inspections. Notwithstanding
the foregoing, such inspection rights shall not extend to any inspection of KSM corporate records
at its corporate office or any records relating to any other projects or locations. Upon expiration
Management Agreement 18 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
or termination of this Agreement, KSM will promptly turn over all such Club records to City;
however, KSM may retain copies as required by applicable records retention policies or law.
3.28. Bank Accounts. KSM shall maintain one or more separate accounts (collectively
referred to as the "Operating Accounts"), which may include interest earning accounts, at one or
more commercial banks, each approved in advance by City, for the receipt of Gross Revenues and
City Advances and for the payment of Operating Expenses (including the Base Management Fee).
KSM shall account to City and pay all payments due to City from the Operating Accounts in
accordance with this Agreement. KSM shall not commingle Gross Revenues and City Advances
with other money or accounts, and shall not take any money or property from the Accounts or
from the Golf Course except to make payments for actual Operating Expenses (including the Base
Management Fee) as set forth in this Agreement. Additionally, KSM shall establish a payroll
account(the "Payroll Account") in KSM's name at a bank designated by KSM. The records and
bank statements shall be subject to inspection by City pursuant to the terms recited herein. All
Gross Revenues of the Property shall be collected, received, and deposited by KSM exclusively
through the Operating Account in accordance with the terms of this Agreement. All Operating
Expenses shall be handled and expended exclusively through the Operating Account provided that
all Gross Payroll shall be handled and expended exclusively through the Payroll Account.
3.29. KSM Employees. As part of the Operating Budget, KSM shall (i) determine
personnel requirements, recruitment schedules, and compensation levels, (ii) furnish job
descriptions, performance appraisal procedures, employee benefit programs, and operational and
procedural manuals for all personnel, and (iii) establish forms and procedures for employee
compensation and Club incentive programs. KSM shall hire, promote, discharge, and supervise
all employees performing services in and about the Club. All of the employees of the Club shall
be employees of KSM. All KSM employee compensation and expenses, including Gross Payroll,
are Operating Expenses of the Golf Course.
3.30. Marketing. KSM shall make recommendations to City as to fees and rates. KSM
shall develop the ongoing marketing plan for the Club and define a schedule of marketing and
advertising activities,which shall be submitted to City as part of the Operating Budget. KSM shall
indicate on the premises that the Club is being managed by KSM.
3.31. Emergency Expenditures. In the event, at any time during the Term, a condition
should exist in, on, or about the Property of an emergency nature, which is not included in the
Operating Budget, but requires immediate action to preserve and protect the Property, to better
assure the Club's continued operation, or to protect the Club's customers, guests, or employees,
and such expenditure is $5,000 or less, KSM is authorized to proceed with such expenditure;
however, KSM shall notify the City immediately, or as soon thereafter as reasonably practicable
under the circumstances, of the need for, and an estimated amount of any such emergency
expenditure. For any expenditure that is deemed an emergency nature under this provision, that
exceeds $5,000, KSM shall receive written approval from the City prior to KSM making such
expenditure. Upon written approval from the City, KSM shall proceed in making the
expenditure(s) as agreed to by the parties. KSM is authorized to take all steps and to make all
reasonable expenditures necessary to repair and correct any such condition in accordance with this
section.
Management Agreement 19 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
3.32. Legal Action. KSM may not institute any legal action by or on behalf of City or the
Golf Course without the prior written consent of City and City may not institute any legal action
by or on behalf of KSM without the prior written consent of KSM.
3.33. Other Duties and Prerogatives. KSM shall use commercially reasonable efforts
to perform any act that KSM determines is necessary to operate and manage the Golf Course and
the Property during the Term, subject to the terms and conditions hereof. In fulfilling its
operational and managerial responsibilities hereunder, KSM shall have all rights ordinarily
accorded to a manager in the ordinary course of business, including, without limitation, the
collection of proceeds from the operation of the Golf Course and the Property, the incurring of
trade debts in City's name (other than mortgage indebtedness), the approval and payment of
obligations, and the negotiating and signing of leases and contracts. KSM shall not be obligated
to advance any of its own funds to or for the account of City nor to incur any liability, unless City
shall have furnished KSM with funds necessary for the full discharge thereof. Further, KSM shall
not be obligated to sign any leases, contracts or other agreements in KSM's name. However, if
for any reason KSM shall have advanced funds in payment of any reasonable expense in
connection with the maintenance and operation of the Golf Course or the Property, City shall
reimburse KSM within fifteen(15) days after invoice for the full amount of such payments. City's
failure to reimburse KSM as provided herein for any such payment shall be an Event of Default
by City.
ARTICLE 4
RESPONSIBILITIES OF OWNER
4.1. Expenditures. City acknowledges that it is solely responsible for all operating
expenses and capital expenditures (including improvements)required for or on behalf of the golf
course, provided that such operating expenses and capital expenditures are made in accordance
with the terms of this agreement. City shall be responsible for all other expenditures and
obligations in connection with the Golf Course and the Property, including any outstanding
indebtedness. KSM acknowledges that the City is a tax-exempt entity under federal and state
laws, and to the extent permitted by applicable federal and state laws, shall not be liable for any
taxes under this Agreement...
4.2. City's Advances. City shall advance funds to the Operating Account and the
Payroll Account described in Section 3.28 above to conduct the affairs of the Golf Course and
maintain the Property ("City's Advances") as set forth below. Such City's Advances shall be
paid in the form and manner as shown on Exhibit C, through Automated Clearing House
("ACH"), or by wire transfer or authorization to apply funds from the Operating Accounts
towards the payment of such City's Advances. City acknowledges and agrees that it has sole
responsibility for providing City's Advances and KSM shall have no responsibility to provide
funds for the payment of any Operating Expenses, Gross Payroll, debts or other amounts
payable by or on behalf of the Golf Course, the Property or City.
4.2.1. Operating Account. On or before the Commencement Date (and in any
event,prior to KSM's incurrence of any Operating Expenses), City shall remit to KSM for
Management Agreement 20 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
deposit into the Operating Account(s), City's Advances equal to the highest one month's
estimated Operating Expenses in the annual Budget for the applicable Fiscal Year
("Operating Expense Minimum"). City shall replenish the Operating Account in order to
maintain the Operating Expense Minimum in the Operating Account as described below.
KSM shall use the funds in the Operating Account to pay the Operating Expenses of the
Golf Course. On a monthly basis, KSM shall provide City with a statement describing the
anticipated source and use of funds for the Golf Course for the next monthly period. Within
five (5) days after City's receipt of such statement from KSM, City shall remit to the
Operating Account the amount set forth in such statement. The Parties agree to adjust the
Operating Expense Minimum seasonally, or as otherwise required from time to time, in
order to reflect the then-current payment obligations of the Golf Course.
4.2.2. Payroll Account. KSM shall establish a payroll account (the "Payroll
Account")in KSM's name at a bank designated by KSM. The records and bank statements
shall be subject to inspection by City pursuant to the terms recited herein. On or before the
Commencement Date (and in any event, prior to KSM's incurrence of any Gross Payroll
obligations),City shall remit to KSM for deposit into the Payroll Account,City's Advances
equal to no less than the highest one month's estimated Gross Payroll obligations as set
forth in the annual Budget for the applicable Fiscal Year ("Payroll Expense Minimum").
City shall replenish the Payroll Account in order to maintain the Payroll Expense Minimum
in the Payroll Account as described below. On a bi-weekly basis, KSM shall fund payroll
and the Gross Payroll obligations from the Payroll Account and concurrently provide City
with a statement containing such funded Gross Payroll obligations of the Golf Course.
Within five (5) days after City's receipt of such statement from KSM, City shall remit to
the Payroll Account the amount set forth in such statement. The Parties agree to adjust the
Payroll Expense Minimum seasonally, or as otherwise required from time to time, in order
to reflect the then-current payroll obligations of the Golf Course. The Payroll Account
shall be exclusively used to pay compensation and expenses of KSM employees for
services rendered under the Agreement. The parties acknowledge and understand that
KSM employees are not City employees and shall not be entitled to any direct benefits or
compensation from the City. All Gross Payroll for the Golf Course shall be handled and
expended exclusively through the Payroll Account. KSM shall be liable and responsible to
pay all applicable payroll taxes for its employees.
4.3. Insurance. Insurance for the Property shall be required as set forth in Exhibit D
"Insurance Provisions" attached hereto. This Agreement shall not Commence unless and until
all required Insurance coverage is procured and acceptable evidence of such insurance coverage
is provided in writing to the City.
ARTICLE 5
FEES AND EXPENSES
Management Agreement 21 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
5.1. Base Management Fee. During the Term, City shall pay KSM a fee of equal to four
percent(4.0%) of the prior calendar month's Gross Revenues (or portion thereof for any partial
month) ("Base Management Fee"), which fee shall be paid, no later than the fifth business day
following the delivery to City of the monthly financial statements for the applicable calendar
month. KSM shall be entitled to deduct the Base Management Fee directly from the Operating
Account.
5.2. Out-of-Pocket Expenses. In addition to all other fees and expenses recited herein
payable to KSM, and subject to City's approval of same in the Budgets, it is agreed that City
shall reimburse KSM within fifteen (15) days of invoice for all actual and reasonable out-of-
pocket expenses incurred by KSM in the performance of this Agreement. Out-of-pocket
expenses shall include, but shall not be limited to,reasonable travel, air express, courier service,
costs of recruitment for Golf Course Management Personnel only (including applicable agent's
fees), and other approved incidental expenses. In addition, the costs of an interim General
Manager, including but not limited to, compensation,reasonable travel,temporary housing, etc.,
shall be included as Operating Expenses. Operating Expenses for temporary housing shall not
exceed 90 days from the Commencement Date of this Agreement. Reimbursement for such out-
of-pocket expenses will be made at actual cost and may be made directly from the Operating
Account.
5.3. Intentionally omitted.
5.4. Payment Prior to Insolvency Proceeding. Prior to the initiation of an Insolvency
Proceeding(as defined below)by City, if applicable, City shall pay all amounts then outstanding
and owing to KSM in immediately available funds by wire transfer.
5.5. Intentionally omitted.
ARTICLE 6
COVENANTS AND REPRESENTATIONS
6.1. City's Covenants and Representations. City makes the following covenants and
representations to KSM, which covenants and representations shall, unless otherwise stated
herein, survive the execution and delivery of this Agreement:
6.1.1. Corporate Status. City is a political subdivision and municipal corporation
duly established, validly existing under the laws of the state of Texas, with full power and
authority to enter into this Agreement.
6.1.2. Authorization. The making, execution, delivery, and performance of this
Agreement by City has been duly authorized and approved by all requisite action of the
North Richland Hills, City Council, and this Agreement has been duly executed and
delivered by City and constitutes a valid and binding obligation of City, enforceable in
accordance with its terms.
Management Agreement 22 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
6.1.3. Effect of Agreement. Neither the execution and delivery of this Agreement
by City nor City's performance of any obligation hereunder(a) shall constitute a violation
of any law, ruling, regulation, or order to which City is subject, or (b) shall constitute a
default of any term or provision or shall cause an acceleration of the performance required
under any other agreement or document(i) to which City is a party or is otherwise bound,
or(ii)to which the Golf Course, the Property or any part thereof is subject.
6.1.4. Ownership Rights. City currently possesses, and shall retain during the
Term, all of the property interests in the Golf Course and the Property necessary to enable
KSM to perform its duties pursuant to this Agreement peaceably and quietly. Such
property interests shall include all trade names and logos City uses in the operation of the
Golf Course. City represents and warrants that KSM's performance of the services
required by this Agreement shall not violate the property rights or interests of any other
Person.
6.1.5. No Litigation. There are no actions, suits or proceedings pending, or to the
best of City's knowledge, threatened against City that may adversely affect the Golf
Course, the Property or the City in connection with the operations of the Golf Course.
6.1.6. No Violation. There is no existing violation or breach of any ordinance,
code, law, rule, requirement or regulation applicable to the Golf Course or the Property,
and City is not aware of the basis for any such violation or breach.
6.1.7. Hazardous Material. City is not aware of the presence of any Hazardous
Material in, on or under the Property in a quantity sufficient to require remediation or
reporting under any Environmental Law, and City has not received notice of any violation
or alleged violation of any Environmental Law with respect to the Property.
6.1.8. Documentation. If necessary to carry out the intent of this Agreement, City
agrees to execute and provide to KSM, on or after the Commencement Date, any and all
other instruments, documents, conveyances, assignments, and agreements which KSM
may reasonably request in connection with the operation of the Golf Course.
6.2. KSM's Covenants and Representations. KSM makes the following covenants and
representations to City, which covenants and representations shall, unless otherwise stated
herein, survive the execution and delivery of this Agreement:
6.2.1. Corporate Status. KSM is a corporation duly organized, validly existing,
and in good standing under the laws of Illinois, and authorized to transact business in
Illinois, with full corporate power to enter into this Agreement and execute all documents
required hereunder.
6.2.2. Authorization. The making, execution, delivery, and performance of this
Agreement by KSM has been duly authorized and approved by all requisite action and this
Agreement has been duly executed and delivered by KSM and constitutes a valid and
binding obligation of KSM, enforceable in accordance with its terms.
Management Agreement 23 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
6.2.3. Effect of Agreement. Neither the execution and delivery of this Agreement
by KSM nor KSM's performance of any obligation hereunder(i)will constitute a violation
of any law, ruling, regulation, or order to which KSM is subject, or (ii) shall constitute a
default of any term or provision or shall cause an acceleration of the performance required
under any other agreement or document to which KSM is a parry or is otherwise bound.
ARTICLE 7
INDEMNIFICATION
7.1. City's Indemnification Obligations. Except as provided in Sections 7.2 and 7.3
below, and only to the extent permitted by applicable law, City shall indemnify and hold
KSM and its Affiliates and each of its shareholders, members, officers, directors,
managers, employees, agents, and representatives (the "KSM Indemnified Parties")
harmless of and from all liability, loss, damage, cost, or expense (including, without
limitation, reasonable attorneys' fees as authorized by law) arising from or relating to (i)
the performance of the Management Services on behalf of City including in connection
with the transition of the management of the Golf Course to KSM for matters reasonably
within the City's control; (ii) the ownership, leasing, organization, development or
construction of the Golf Course or the Property; (iii) Hazardous Materials or other
conditions existing at the Golf Course or the Property; (iv)the use by KSM of Golf Course
trade names, trademarks,logos or other intellectual property owned by the City and used
by KSM in connection with the Golf Course; (v) any negligent acts or omissions of City(or
its officers, directors, agents, employees, representatives, and others for whom City is
responsible); (vi) any acts or omissions occurring in connection with the operation or
management of the Golf Course prior to the Term that are due to the City's negligent acts
or omissions or willful misconduct; and(vii)any breach by City of any of City's covenants,
representations,and warranties set forth in Article 6 herein; to the fullest extent permitted
by law, except to the extent such liabilities were caused by KSM's willful or criminal
misconduct, gross negligence or fraud. Notwithstanding any of the foregoing, nothing
herein shall require the City to create a sinking fund to satisfy any obligation to indemnify
under this Agreement.
7.2. KSM's Indemnification Obligations. Except as provided in Section 7.3 below,
KSM shall defend, indemnify and hold the City and each of its officers, directors,
managers, employees, agents, and representatives (the "City Indemnified Parties")
harmless of and from all liability, loss, damage, cost, or expense (including, without
limitation,reasonable attorneys' fees and expenses)arising out of third party claims caused
by KSM's negligence,willful misconduct,gross negligence or fraud arising from or relating
to (i) the performance of the Management Services on behalf of City; (ii) Hazardous
Materials or other conditions existing at the Golf Course or the Property in accordance
with KSM's obligations under Section 3.21; (iii) the use by City of KSM trade names,
trademarks, logos as authorized by KSM; (iv) any acts or omissions of KSM (or its
shareholders, officers, directors, managers, agents, employees, representatives, and others
for whom KSM is responsible); and (v) any breach by KSM of any of KSM's covenants,
Management Agreement 24 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
representations, and warranties set forth in Article 6 herein, except to the extent such
liabilities were caused by City's willful or criminal misconduct, gross negligence or fraud.
7.3. Waiver of Subrogation._ Subrogation shall be governed by the terms and conditions
set forth in Exhibit D, Insurance Requirements.
7.4. Survival. The defense and indemnification obligations contained in this Article 7
shall survive the expiration or termination of this Agreement for any reason.
ARTICLE 8
REMEDIES
8.1. Events of Default. The occurrence of any one or more of the following events which
is not cured within the specified cure period, if any, shall constitute a default under this
Agreement(hereinafter referred to as an "Event of Default"):
(i) Failure to Pay Sums Due. Either Party's failure to pay any sums payable under
this Agreement when and as the same shall become due and payable and such
failure shall continue for a period of thirty (30) days after written notice
(specifying the item not paid) thereof from the other Party to the defaulting
Party;
(ii) Failure to Comply. Either Party's material failure to comply with any of the
terms or conditions of this Agreement, and such failure shall continue for a
period of thirty(30) days after written notice thereof from the other Party to the
defaulting Party specifying in detail the nature of such failure. Notwithstanding
the foregoing, in the event the parties reasonably agree in good faith that any
such failure cannot with due diligence be cured within such 30-day period, if
the defaulting Party proceeds promptly and diligently to cure the same and
thereafter diligently prosecutes the curing of such failure within such time
period as reasonably agreed upon by the parties in good faith, the time within
which the failure may be cured shall be extended for such period as agreed upon
by the parties;
(iii) Bankruptcy. If either Party (i) applies for or consents to the appointment of a
receiver, trustee, or liquidator of itself or any of its property, (ii) is unable to
pay its debts as they mature or admits in writing its inability to pay its debts as
they mature, (iii)makes a general assignment for the benefit of creditors, (iv) is
adjudicated as bankrupt or insolvent, or (v) files a voluntary petition in
bankruptcy or a petition or an answer seeking reorganization or an arrangement
with creditors, or taking advantage of any bankruptcy, reorganization,
insolvency, readjustment of debt, dissolution or liquidation law or statute, or
admits the material allegations of a petition filed against it in any proceedings
under any such law, or if any action shall be taken by said party for the purpose
of effecting any of the foregoing (collectively, an "Insolvency Proceeding");
and
Management Agreement 25 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
(iv) Reorganization;Receiver. An order,judgment, or decree is entered without the
application, approval, or consent of either Party by any court of competent
jurisdiction approving a petition seeking reorganization of said Party or
appointing a receiver,trustee,or liquidator of said Parry,or of all or a substantial
part of any of the assets of said Party, and such order, judgment, or decree
remains unstayed and in effect for a period of ninety (90) days from the date of
entry thereof.
8.2. City's Remedies. Upon the occurrence of an Event of Default by KSM, City may:
(i) seek specific performance of KSM's obligations or injunctive relief, as applicable; (ii)
demand and receive payment of all amounts due City under the terms of this Agreement and the
payment of all costs, damages, expenses, and reasonable attorneys' fees of City arising due to
KSM's Event of Default;(iii) proceed to remedy the Event of Default, and in connection with
such remedy, City may pay all expenses and employ counsel. All sums so expended or
obligations incurred by City in connection therewith shall be paid by KSM to City,upon demand
by City, and on failure of such reimbursement, City may, at City's option, deduct all costs and
expenses incurred in connection with remedying the Event of Default from the next sums
becoming due to KSM from City under the terms of this Agreement, or if no sums are to become
due, KSM shall be obligated to pay the City for such costs and expenses incurred within thirty
(30) days of the City's incurring such cost or experience; and (iv) terminate this Agreement by
written notice of termination to KSM. Upon proper termination of this Agreement, KSM shall
surrender occupancy of the Property to City.
No remedy granted to City is intended to be exclusive of any other remedy herein or by
law provided, but each shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law, in equity, or by statute. No delay or omission by
City to exercise any right accruing upon an Event of Default shall impair City's exercise of any
right or shall be construed to be a waiver of any Event of Default or acquiescence thereto.
IN NO EVENT SHALL KSM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR
PERFORMANCE OR NON-PERFORMANCE HEREUNDER (INCLUDING BUT NOT
LIMITED TO LOST PROFITS, LOST BUSINESS AND LOSS OF GOODWILL) EVEN IF
ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. KSM's Remedies. Upon the occurrence of an Event of Default by City, KSM may:
(i) seek specific performance of City's obligations or injunctive relief, as applicable; (ii) demand
and receive payment of all amounts due KSM under the terms of this Agreement and to the extent
permitted by applicable law, the payment of all costs, damages, expenses, and reasonable
attorneys' fees of KSM due to City's Event of Default; (iii) proceed to remedy the Event of
Default, and in connection with such remedy, KSM may pay all expenses and employ counsel.
To the extent permitted by applicable law, all sums so expended or obligations incurred by KSM
in connection therewith shall be paid by City to KSM, upon demand by KSM, and on failure of
such reimbursement, KSM may, at KSM's option, deduct all costs and expenses incurred in
connection with remedying the Event of Default from the next sums becoming due to City from
KSM under the terms of this Agreement; and (iv) terminate this Agreement by KSM's written
notice of termination to City and pursue all legal remedies subject to Section 8.4 below.
Management Agreement 26 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
No remedy granted to KSM is intended to be exclusive of any other remedy herein or by
law provided, but each shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law, in equity, or by statute. No delay or omission by
KSM to exercise any right accruing upon an Event of Default shall impair KSM's exercise of any
right or shall be construed to be a waiver of any Event of Default or acquiescence thereto.
IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS
AGREEMENT OR PERFORMANCE OR NON-PERFORMANCE HEREUNDER
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS AND LOSS OF
GOODWILL) EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH
DAMAGES.
8.4 Dispute Resolution. If either City or KSM has a claim, dispute, or other matter in
question for breach of duty, obligations, services rendered or any warranty that arises under this
Agreement,the parties shall first attempt to resolve the matter through this dispute resolution process.
The disputing party shall notify the other party in writing as soon as practicable after discovering the
claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific
reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall
commence the resolution process and make a good faith effort, either through email, mail, phone
conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or
other matter in question that may arise out of, or in connection with this Agreement. If the parties fail
to resolve the dispute within thirty (30) days of the date of receipt of the notice of the dispute, then
the parties shall submit the matter to non-binding mediation in Tarrant County, Texas, upon written
consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules
of the American Arbitration Association or other applicable rules governing mediation then in effect.
The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses,
including attorney's fees; however, the parties shall share equally in the costs of the mediation. If
the parties cannot resolve the dispute through mediation, then either party shall have the right to
exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact
that the parties may be attempting to resolve a dispute in accordance with this informal dispute
resolution process, the parties agree to continue without delay all of their respective duties and
obligations under this Agreement not affected by the dispute. Either party may, before or during
the exercise of the informal dispute resolution process set forth herein, apply to a court having
jurisdiction for a temporary restraining order or preliminary injunction where such relief is
necessary to protect its interests.
8.5 Litigation._ In the event of any litigation under or respecting this Agreement, the
prevailing Party shall be entitled to reasonable attorneys' fees and court costs as awarded by a
court of competent jurisdiction in accordance with applicable law.
ARTICLE 9
TERMINATION
9.1. Events of Termination. This Agreement shall terminate upon the occurrence of any
of the events set forth below:
Management Agreement 27 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
(i) An Event of Default by KSM, and City sends to KSM a notice of termination for
cause (after the expiration of any applicable cure period);
(ii) An Event of Default by City, and KSM sends to City a notice of termination for
cause (after the expiration of any applicable cure period);
(iii) Both Parties agree in writing to terminate this Agreement; or
(iv) For convenience, if during the Initial Term either party provides the other with
180 days written notice of such termination.
(v) Upon the expiration or termination of this Agreement according to its terms.
9.2. Employee and Other Obligations Upon Termination. Upon a termination of this
Agreement for any reason, City shall remain responsible for payment of obligations connected
with the Management Services rendered through the effective date of termination (including all
Operating Expenses, all Gross Payroll obligations, as well as the Management Fee and all
reasonable out of pocket expenses). Such obligations shall include payment to KSM for all
amounts to become due and owing from KSM to the terminated staff of KSM at the Golf Course
through the effective date of termination. For purposes of clarity, KSM shall be responsible for
setting aside any and all amounts due to its terminated employees from the payments for
Operating Expenses made by the City into the Payroll Account. KSM shall be responsible for
making payments directly to and/or on behalf of its employees and terminated employees of any
and all wages, accrued vacation, benefits, payroll taxes, and workers' compensation insurance
coverage. Any amounts owed to KSM pursuant to this Section shall be paid to KSM within
fifteen (15) days of written request therefor.
9.3. Other Payments Upon Termination. Upon expiration or termination of this
Agreement, all sums owed by either Party to the other shall be paid within thirty(30) days of the
effective date of such termination.
ARTICLE 10
NOTICES
10.1. Notices. Any notices or other communications required or permitted hereunder
shall be sufficiently given if in writing and (i) delivered personally, (ii) sent by certified mail,
return receipt requested, postage prepaid ("Mail"), or sent by nationally-recognized overnight
mail or courier service ("Overnight Courier"), addressed as shown below, or to such other
address as the Party concerned may substitute by written notice to the other. Any notice will be
deemed received (A) upon the date personal delivery is made, (B) three (3) business days after
the date it is deposited in the Mail,(C)one(1)business day after it is deposited with an Overnight
Courier, or (D)the date upon which attempted delivery of such notice, whether by Mail,
Overnight Courier or personal delivery, is refused or rejected.
If to City: City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Management Agreement 28 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
Attention: Mark Hindman, City Manager
with a copy to City Attorney (at the same address)
Such copy shall not constitute notice
If to KSM: Kemper Sports Management, Inc.
500 Skokie Boulevard, Suite 444
Northbrook, Illinois 60062
Attention: Steven K. Skinner, Chief Executive
Officer
with a copy Kemper Sports Management, Inc.
to: 500 Skokie Boulevard, Suite 444
Northbrook, Illinois 60062
Attention: General Counsel
10.2. Changes. The addresses and addressees may be changed by giving notice of such
change in the manner provided herein for giving notice. Unless and until such written notice is
received, the last address and addressee given shall be deemed to continue in effect for all
purposes.
ARTICLE 11
MISCELLANEOUS
11.1. Exhibits. All Exhibits attached hereto are incorporated herein by this reference as
if fully set forth herein. If any Exhibits are subsequently changed by the mutual written
agreement of the Parties, the Exhibits shall be modified to reflect such change or changes and
dated and initialed by the Parties.
11.2. Entire Agreement. This Agreement and the Exhibits hereto embody the entire
agreement and understanding of the Parties relating to the subject matter hereof and supersede
all prior representations, agreements, and understandings, oral or written,relating to such subject
matter.
11.3. Amendment and Waiver. This Agreement may not be amended or modified in any
way except by an instrument in writing executed by all Parties hereto;provided, however, either
Party may, in writing, (i) extend the time for performance of any of the obligations of the other,
(ii) waive any inaccuracies and representations by the other contained in this Agreement, (iii)
waive compliance by the other with any of the covenants contained in this Agreement, and (iv)
waive the satisfaction of any condition that is precedent to the performance by the Party so
waiving of any of its obligations under this Agreement.
Management Agreement 29 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
11.4. Proprietary Information. KSM shall be permitted to use the trade names,
trademarks and logos of City (collectively, "City Marks") in connection with the performance
of the services provided under this Agreement and as otherwise provided in this Agreement or
as agreed upon by City; provided, however, that City agrees that KSM may use the City Marks
in its marketing and promotional materials as a Golf Course managed by KSM; however, such
consent to use the City Marks shall not extend to any use, which in the City's sole discretion, is
defamatory, obscene, or depicts the City or its employees, directors or officers in a negative or
demeaning manner. All specifically identifiable information developed by KSM for City at the
expense of City shall be the property of both KSM and City and such information may continue
to be used by City at the Golf Course beyond any expiration or termination of this Agreement;
provided, however,that City may not use or grant others the right to use such information at any
other location nor disclose or grant any rights to such information to any third party. All of
KSM's proprietary information, including (i) trade names, trademarks and logos as well as
programs that have been or may be developed by KSM, and (ii) software and technology, shall
remain the exclusive property of KSM and neither City nor any of its affiliates or successors may
use or disclose such proprietary information without the advance written consent of KSM. The
obligations and restrictions contained in this Section shall survive the expiration or termination
of this Agreement for any reason.
11.5. No Partnership or Joint Venture. Nothing contained herein shall be deemed or
construed by the Parties hereto or by any third parry as creating the relationship of (i) a
partnership, or(ii) a joint venture between the Parties hereto; it being understood and agreed that
neither any provisions contained herein, nor any acts of the Parties hereto shall be deemed to
create any relationship between the Parties hereto other than the relationship of independent
contractor.
11.6. Restrictions as to Employees. During the Term and for a period of two (2) years
after the end of the Term, it is agreed that City and/or its agents and contractors shall not, directly
or indirectly, seek to contact, entice, or discuss employment or contracting opportunities with
any Key Employee of KSM nor shall City, its agents and/or contractors employ or otherwise
engage or seek to employ or otherwise engage, directly or indirectly, any such Key Employee,
without first obtaining the written consent of KSM. For purposes hereof, a"Key Employee" of
KSM shall mean any individual holding any of the following positions at any time during the
Term: the general manager of the Golf Course, or any employee of KSM's corporate office;
provided, however, the individual employed as general manager of the Golf Course as of the
Commencement Date shall not be considered a Key Employee. Notwithstanding the foregoing,
this restriction shall not apply to any Key Employee who responds to a general solicitation of
employment by the City.
11.7. Assignment; Successors and Assigns. This Agreement may not be assigned by
either Party hereto without the express written consent of the other Party, except that KSM may
assign this Agreement to any of its Affiliates. This Agreement shall be binding upon and inure
to the benefit of the Parties hereto and their respective successors, legal representatives, and
permitted assigns.
Management Agreement 30 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
11.8. Severability. Except as expressly provided to the contrary herein, each section,
part, term, or provision of this Agreement shall be considered severable, and if for any reason
any section, part, term, or provision herein is determined to be invalid and contrary to or in
conflict with any existing or future law or regulation by a court or governmental agency having
valid jurisdiction, such determination shall not impair the operation of or have any other effect
on other sections, parts, terms, or provisions of this Agreement as may remain otherwise
intelligible, and the latter shall continue to be given full force and effect and bind the Parties
hereto, and said invalid sections, parts, terms, or provisions shall not be deemed to be a part of
this Agreement.
11.9. Survival. All covenants, agreements,representations, and warranties made herein
shall survive the execution and delivery of(i) this Agreement, and (ii) all other documents and
instruments to be executed and delivered in accordance herewith and shall continue in full force
and effect.
11.10. Accord and Satisfaction, Allocation of Payments. No payment by City or receipt
by KSM of a lesser amount than that which is owed to KSM shall be deemed to be other than on
account of such amounts owed to KSM,nor shall any endorsement or statement on any check or
letter accompanying any check or payment to KSM be deemed an accord and satisfaction, and
KSM may accept such check or payment without prejudice to KSM's right to recover the balance
of the amounts owed to KSM or pursue any other remedy provided for in this Agreement or as
otherwise provided at law or in equity. In connection with the foregoing, KSM shall have the
absolute right in its sole discretion to apply any payment received from City, regardless of City's
designation of such payments, to any outstanding amount of City then not current and due or
delinquent, in such order and amounts as KSM, in its sole discretion, may elect.
11.11. Construction and Interpretation of Agreement. This Agreement shall be
governed by and construed under the laws of the State of Texas, without regard to conflicts of
laws principles. Venue for any action, claim, lawsuit or dispute arising under this Agreement
shall be in Tarrant County, Texas. Should any provision of this Agreement require judicial
interpretation, it is agreed that the court interpreting or considering same shall not apply the
presumption that the terms hereof shall be more strictly construed against a party by reason of
the rule or conclusion that a document should be construed more strictly against the party who
itself or through its agent prepared the same. It is agreed and stipulated that all Parties hereto
have equally participated in the preparation of this Agreement and that legal counsel was
consulted by each Party before the execution of this Agreement.
11.12. Captions. Captions,titles to sections, and paragraph headings used herein are for
convenience of reference and shall not be deemed to limit or alter any provision hereof.
11.13. Governing Document. This Agreement shall govern in the event of any
inconsistency between this Agreement and any of the Exhibits attached hereto or any other
document or instrument executed or delivered pursuant hereto or in connection herewith.
11.14. Outside Businesses. Nothing contained in this Agreement shall be construed to
restrict or prevent, in any manner, any Party or any Party's affiliates, parent corporations, or
representatives or principals from engaging in any other businesses or investments,nor shall City
Management Agreement 31 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
or KSM have any right to share or participate in any such other businesses or investments of the
other Party.
11.15. Counterparts; Facsimile Signatures. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall be
deemed one and the same Agreement.
11.16. Force Majeure Events. The provisions of this Section shall be applicable if there
shall occur during the Term any (i) strikes, lockouts, or labor disputes, (ii) inability to obtain
labor or materials, or reasonable substitutes therefor, (iii) acts of God, including but not limited
to tornadoes, earthquake, epidemics, pandemics, governmental restrictions, regulations or
controls, enemy or hostile governmental action, civil commotion, fire, or other casualty, or (iv)
other conditions beyond the reasonable control of the Party obligated to perform. If either Party
shall, as the result of any of the above-described events,fail punctually to perform any obligation
on its part to be performed under this Agreement, then such failure shall be excused and not be
a breach of this Agreement by the Party claiming an unavoidable delay (an "Force Majeure
Event"), but only to the extent the delay is occasioned by such event. If any right or option of
either Party to take any action under or with respect to the Term is conditioned upon the same
being exercised within any prescribed period of time or at or before a named date, then such
prescribed period of time or such named date shall be deemed to be extended or delayed, as the
case may be, upon written notice, as provided above, for a time equal to the period of the Force
Majeure Event. Notwithstanding anything contained herein to the contrary, the provisions of
this Section shall not be applicable to either Party's obligation to pay any sums, monies, costs,
charges, or expenses required to be paid pursuant to the terms of this Agreement.
11.17. No Third-Party Beneficiaries. Nothing herein contained shall be deemed to
establish any rights of third parties against the Parties hereto; it being the intent that the rights
and obligations set forth herein are those of the Parties hereto alone, with no third party
beneficiary rights intended.
11.18. Certain Services Excluded. Notwithstanding anything else contained in this
Agreement to the contrary, KSM's services are limited to those specifically noted in the
Agreement and do not include, among others and without limitation, architectural, engineering,
design or general contracting services, facility planning services, accounting or tax-related
assistance or advice, legal advice or services, expert witness services, cost report preparation,
data processing or information services, or feasibility studies. KSM's services will not constitute
an audit, review or compilation or any other type of financial statement reporting or consulting
engagement subject to the rules of the AICPA or other similar bodies. KSM will not be
expressing any professional opinions and makes no representations or warranties in conjunction
with this engagement.
11.19. Confidentiality. The terms and provisions of this Agreement shall be confidential
between City and KSM and shall be released to third parties only in connection with carrying
out their respective duties and obligations described herein, in connection with any order of court
or in order to comply with governmental rules and regulations, including the Texas Public
Information Act, and as required by any proposed purchaser or mortgagee of all or any portion
Management Agreement 32 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
of City's interest in the Golf Course or Property, and then only to the extent as may be reasonably
necessary or required by law. The foregoing shall not be construed to limit KSM's ability to
announce both privately and publicly that it manages the Golf Course and Property.
[SIGNATURES ON FOLLOWING PAGE]
Management Agreement 33 Confidential,Subject to Section 11.9 herein
Kemper Sports Management,Inc.
North Richland Hills Golf Course
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first
written above.
KEMPER SPORTS MANAGEMENT, INC. CITY OF NORTH RICHLAND HILLS
By: By:
Steven K. Skinner Mark Hindman
Chief Executive Officer City Manager
Date: Date:
ATTEST:
By:
Alicia Richardson, City Secretary
Chief Governance Officer
APPROVED TO FORM AND
LEGALITY:
By:
Maleshia B. McGinnis
City Attorney
Management Agreement 34 Confidential,subject to Section 11.19 herein
North Richland Hills Golf Course
EXHIBIT A
DEFINITIONS
All capitalized terms referenced or used in this Agreement and not specifically defined shall have
the meaning set forth below in this Exhibit A, which is attached to and made a part of the
Agreement for all purposes.
• Affiliates . The term "Affiliate(s)" shall mean a Person that directly or indirectly, or
through one or more intermediaries, controls, is controlled by, or is under common control
with the Person in question and any officer, director, or trustee, and any stockholder or
partner of any Person referred to in the preceding clause owning fifty percent(50%) or more
of such Person. For purposes of this definition, the term "control"means the ownership of
fifty percent(50%) or more of the beneficial interest of the voting power of the appropriate
entity.
• Environmental Laws. The term "Environmental Laws" shall mean all current and future
federal, state, and local statutes, regulations, ordinances, and rules relating to (i)the emission,
discharge, release, or threatened release of a Hazardous Material into the air, surface water,
groundwater, or land; (ii)the manufacturing,processing, use, generation, treatment, storage,
disposal, transportation, handling, removal, remediation, or investigation of a Hazardous
Material; or(iii)the protection of human health, safety, or the indoor or outdoor
environment, including, without limitation, the Clean Air Act, the Federal Water Pollution
Control Act, the Resource Conservation and Recovery Act, the Comprehensive
Environmental Response, Compensation and Liability Act, the Occupational Safety and
Health Act, all amendments thereto, all regulations promulgated thereunder, and their state or
local statutory and regulatory counterparts.
• Executive Golf Employees. The term "Executive Golf Employees" shall mean the General
Manager of the Golf Course.
• Fiscal Year. The term "Fiscal Year" shall mean the annual period beginning on October 1 st
of each calendar year and extending through September 30 of the following calendar year.
• Gross Revenues. The term "Gross Revenues" shall mean all monthly receipts related to or
derived from the operation of the Golf Course from cash or credit transactions recognized
during the Term, computed on an accrual basis, including, but not limited to, greens fees, cart
rental fees, guest fees, membership initiation fees and/or membership dues, income derived
from the investment of Gross Revenues, determined in accordance with generally accepted
accounting principles applied on a consistent basis. Gross Revenues shall be reduced by any
refunds, rebates, discounts, and credits of a similar nature given,paid, or returned by KSM or
City in the Golf Course of obtaining such Gross Revenues.
Gross Revenues shall not include:
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o monthly receipts related to or derived from the operation of the Concession Golf
Courses, including without limitation, the amount of all sales (wholesale or
retail) of food, beverages, goods, wares, or merchandise on, at, or from the
Property,
o Applicable gross receipts taxes, admission, cabaret, excise, sales, and use taxes,
or similar governmental charges collected directly from customers or their
guests or as a part of the sales price of any goods or services;
o Service charges that are percentage gratuities added to billings, to the extent
paid to employees of the Golf Course;
o Proceeds of borrowings by City;
o Proceeds paid as a result of an insurable loss, unless paid for the loss or
interruption of business, to the extent such sums are used to remedy said loss;
o Membership assessments
o Interest or investment income earned on Gross Revenues; or
o City's Advances.
Any of the above provisions resulting in a double exclusion from Gross Revenues shall
be allowed as an exclusion only once.
• Hazardous Material. The term "Hazardous Material" shall mean any solid, liquid, or gaseous
substance, chemical, compound,product, byproduct, waste, or material that is or becomes
regulated, defined, or designated by any applicable federal, state, or local governmental
authority or by any Environmental Law as hazardous, extremely hazardous, imminently
hazardous, dangerous, or toxic, or as a pollutant or contaminant, and shall include, without
limitation, asbestos,polychlorinated biphenyls, and oil,petroleum,petroleum products and
petroleum byproducts.
• Improvements. The term "Improvements" shall mean the improvements, structures, and
fixtures placed, constructed, or installed on the Real Property for the Golf Course, and any
additions or subsequent modifications thereto.
• Insecurity Event. The term "Insecurity Event" shall mean the occurrence of any one or more
of the following events: (a)there shall occur a default under any agreement, document or
instrument, other than this Agreement, to which City is a party, the consequences of which
could reasonably be expected to have a Material Adverse Effect; (b) any statement, report,
financial statement or certificate made or delivered by City, or any of its officers, employees
or agents, to KSM is untrue, incomplete or incorrect in any material respect; (c) any of City's
assets are attached, seized, levied upon or subjected to a writ or distress warrant, or come
within the possession of any receiver, trustee, custodian or assignee for the benefit of
creditors and the same is not cured within thirty (30) days thereafter; (d) an application is
made by any person, other than City, for the appointment of a receiver, trustee, or custodian
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for any of City's assets and the same is not dismissed within thirty (30) days after the
application therefor; (e) any material change in City's capital structure or in any of its
business objectives,purposes and operations which might in any way adversely affect the
repayment of its obligations to KSM pursuant to this Agreement; or(f) any other event or
occurrence, which, in the reasonable discretion of KSM, could materially and adversely
affects City's ability to repay its obligations to KSM pursuant to this Agreement.
• Intangible Personal Property. The term "Intangible Personal Property" shall mean all
intangible property or rights owned or held by City in connection with the Golf Course,
including, but not limited to, security deposits,prepaid rents, liquor and operating licenses,
and all trademarks related to the Golf Course.
• KSM. The term "KSM" means Kemper Sports Management, Inc., an Illinois corporation,
and its successors, legal representatives, and permitted assigns.
• Material Adverse Effect. The term "Material Adverse Effect" shall mean any event that has
a material adverse effect on (i)the business, assets, operations or financial or other condition
of City, and (ii) City's ability to pay the amounts owed to KSM in accordance with the terms
hereof.
• Operating Expenses. The term "Operating Expenses" shall mean all operating expenses of
the Golf Course incurred or paid on behalf of City during the Term, computed on an accrual
basis, including, but not limited to, the following items:
o Salaries, wages, employee benefits, and payroll expenses, including without
limitation, payroll service bureau fees, payroll processing fees, payroll taxes, Golf
Course profit sharing programs, and insurance for all employees employed on-site
in the direct operation of the Golf Course, excluding, however, service charges,
which are defined as percentage gratuities added to billings and paid to employees
(collectively, the "Gross Payroll"); KSM shall be responsible for the payment of
Gross Payroll from the funds deposited into the Operating Account. The City shall
have no responsibility for the direct payment to KSM employees of any Gross
Payroll;
o Marketing, advertising, and promotional expenses;
o Purchase and replacement, as necessary, of inventories of maintenance parts and
supplies,
o Purchase and replacement, as necessary, of office supplies, computers, printers,
facsimile machines, photocopiers, postage, printing, routine office expenses, and
lease payments on any item of furniture, fixtures or equipment to the extent not
excluded below from Operating Expenses, and accounting services incurred in the
on-site operation of the Golf Course;
o The costs of IT consultants and other consultants utilized for the Golf Course;
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o Reasonable travel expenses of on-site employees incurred exclusively in
connection with the business of the Golf Course;
o Insurance premiums and any deductible amounts required to be paid pursuant to
Golf Course insurance coverage as required by the City pursuant to this Agreement;
o Accounts receivable previously included within Gross Revenues,to the extent they
remain unpaid ninety (90) days after the first billing;
o Auditing, accounting costs, computer fees (including costs to license and maintain
accounting software), and reasonable attorney's fees incurred in respect of the
operation of the Golf Course, including any reasonable financial management and
reasonable accounting fees paid to third party accounting firms, if included in the
Budgets;
o Costs incurred for utilities, including,but not limited to, all electric, gas, and water
costs,and any other private utility charges incurred in connection with the operation
of the Golf Course;
o Ordinary maintenance and repairs, exclusive of any capital Improvements or capital
replacements, which are hereby excluded;
o All out-of-pocket expenses incurred by KSM in providing the services under the
terms of the Agreement, including without limitation, reasonable travel for
employees employed on-site at the Property and KSM's other employees while
engaged in performing the obligations of KSM hereunder, air express, costs of
recruitment (including applicable agent's fee), and other incidental expenses
included in the Budget;
o Expenses, including reasonable attorney's fees, damages or other costs, involved in
defending any employment-related lawsuits, charges or claims involving personnel
of the Golf Course;
o All expenses set forth in the approved Budgets; and
o All other customary and reasonable expenses incurred in the operation of the Golf
Course and the Improvements.
Any of the above provisions resulting in a double inclusion as an Operating Expense shall be
allowed as an inclusion only once.
Operating Expenses shall not include (i) depreciation or amortization, (ii)principal or interest
payments on indebtedness, (iii)rental or lease payments for major items of furniture, fixtures,
or equipment which, in accordance with generally accepted accounting principles, are
purchased and capitalized as fixed assets, and (iv) federal, state and local income taxes of any
nature or kind incurred by City or KSM.
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• Person. The term "Person" shall mean any individual,partnership, corporation, association,
or other entity, and the heirs, executors, administrators, legal representatives, successors, and
assigns of such Person where the context so permits; and, unless the context otherwise
requires, the singular shall include the plural, the masculine shall include the feminine and
the neuter, and vice versa.
• Personal Property. The term "Personal Property" shall mean the Intangible Personal
Property and the Tangible Personal Property.
• Pro e . The term "Property" shall mean (i)the Improvements, (ii)the Personal Property,
and(iii)the Real Property.
• Real Property. The term "Real Property" shall mean that certain parcel of land upon which
the Golf Course is located, the legal description of which is attached hereto as Exhibit B.
• Tangible Personal Property. The term "Tangible Personal Property" shall mean all
equipment, machinery, fixtures, furnishings, accessories, and other tangible personal property
placed or installed, or to be placed or installed, on or about the Real Property and used as a
part of or in connection with the operation of the Golf Course.
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EXHIBIT B
LEGAL DESCRIPTION OF REAL PROPERTY
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EXHIBIT C
ACH FORM
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EXHIBIT D
INSURANCE REQUIREMENTS
Golf Course Insurance. KSM shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damages to property which may arise from or
in connection with KSM's operations. During the Term, KSM shall secure, the cost of which
shall be an Operating Expense, the following insurance covering its on-site activities under this
Agreement:
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Property against all risks of loss, including flood, earthquake and wind/hail coverage,
to any building, structure, contents, equipment, KSM improvements or betterments or
supplies, at full replacement cost with no coinsurance penalty provision. This coverage
shall also include Business Interruption, Loss of Income and Extra Expense Insurance
that will reimburse the City for direct and indirect loss of earnings attributable to six
months of business interruption and for the actual loss sustained until the structures are
substantially rebuilt after an insured property loss. City shall be named as Loss Payee.
2. Insurance Services Office Form CG 00 Ol covering CGL on an "occurrence" basis,
including products and completed operations, property damage, bodily injury, and
personal & advertising injury. Coverage shall include Contractual Liability, Broad
Form Named Insured, Care, Custody or Control coverage, Golf Pro Professional
Liability (if applicable), Incidental Malpractice and Property Damage caused by golf
balls. "Claims Made"form is unacceptable.
3. Automobile Liability—as required by the State of Texas, covering all owned, hired, or
non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used
under this contract.
4. Workers' Compensation insurance as statutorily required by the Labor Code of the
State of Texas and Employers' Liability insurance. KSM
5. Liquor Liability including coverage for damages arising out of the selling, serving or
furnishing of any alcoholic beverage. Coverage shall include assault&battery.
6. Commercial Crime covering all employees who have access to or responsibility for or
who handle Golf Course funds.
7. Cyber Liability - KSM will provide coverage for third parry losses including, but not
limited to: Crisis Management; Unauthorized Access/use; Computer Virus; Denial of
Service Attack; Denial of Access; Mistake in administration of network; Improper
Transmission of Data Losses, including Contingent BI; Personal Injury for Insured's
Network Communications; Libel, Cyber-Libel, Slander; Product Disparagement;
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Violation of right of privacy; Misappropriation and plagiarism; Intellectual Property
Losses; Regulatory Costs; Privacy Costs - Privacy Injury and Identity Theft;
Programming Errors & Omissions Liability; Replacement or Restoration of Electronic
Data; Extortion Threats; Business Income and Extra Expense; Public Relations
Expense; and Security Breach Expense.
8. Pollution Liability/Environmental Impairment including Herbicide & Pesticide
applicator coverage.
B. MINIMUM LIMITS OF INSURANCE
KSM shall maintain limits no less than:
Insurance Type Limit
Property Coverage Full Replacement Cost
Commercial General $5,000,000 Per Occurrence
Liability $5,000,000 Aggregate
Automobile Liability $1,000,000 Combined Single Limit
Workers' Statutory
Compensation Employers' Liability - $1,000,000
$5,000,000 Per Occurrence
Liquor Liability $5,000,000 Aggregate
Commercial Crime $3,000,000 Per Occurrence
C ber Liability $1,000,000 Per Occurrence
Pollution
Liability/Environmental $3,000,000 Per Accident/Aggregate
impairment
Limits can only be reduced if approved by the City Manager or designee.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City.
D. OTHER INSURANCE PROVISIONS
The policies are to contain or be endorsed to contain the following provisions:
1. General Liability
a. The City, its officers, officials, employees and volunteers are to be covered as
"additional insured" with respect to liability arising out of premises owned,
occupied or used by KSM. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials, employees or
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volunteers. Endorsement naming City as additional insured must be submitted
with proof of insurance.
b. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
c. Coverage shall state that KSM's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respects to the limits
of the insurer's liability.
d. KSM's insurance shall be primary as respects to the City, its officers, officials,
employees or volunteers.
2. Automobile Liability—as required by the State of Texas, covering all owned, hired, or
non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used
under this contract.
3. Workers' Compensation and Employers Liability Coverage
KSM and/or KSM's insurer shall agree to waive all rights of subrogation against the
City, its officers, officials, employees and volunteers for losses arising from the
Property; including losses arising from the employees of KSM.
4. All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage shall
not be suspended,voided, canceled,reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City.
For any claims related to this Agreement, KSM's insurance coverage shall be primary
insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers,
officials, employees, and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, or volunteers shall be excess of KSM's insurance
and shall not contribute with it.
KSM hereby grants to the City a waiver of any right to subrogation which any insurer of
KSM may acquire against the City by virtue of the payment of any loss under such
insurance. KSM agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
E. ACCEPTABILITY OF INSURERS
All insurance shall be issued by responsible insurance companies eligible to do business in
the State of Texas and having an A.M. Best Financial rating of A- VI or better.
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F. VERIFICATION OF COVERAGE
KSM shall furnish the City of North Richland Hills with certificates of insurance affecting
coverage required by this clause. The certificates for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf and are to be received
and approved by the City before the this Agreement commences. Certificates must be
submitted on a form approved by the Texas Department of Insurance. The City will not
accept Memorandums of Insurance or Binders as proof of insurance. The City reserves the
right to require complete, certified copies of all required insurance policies at any time.
G. SPECIAL EVENTS
If Special Events are held, insurance provided by KSM must cover all operations of the
Special Event including but not limited to; participants, subcontractors, vendors,
exhibitors, volunteers, etc. If the policy of KSM excludes any activity or group involved
in the Special Event, KSM must provide proof of insurance as required by this agreement.
KSM must furnish separate certificates for each group or activity not included or covered
by KSM's insurance.
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EXHIBIT E
IRON HORSE GOLF COURSE "OPERATING STANDARDS"
1. Greens Maintenance
KSM shall maintain all greens in accordance with the following minimum requirements,
subject to weather conditions:
i. Change cups and repair ball markers as needed relative to volume of play.
ii. Mow greens daily as volume of play and weather permit with a reel-type mower
designed specifically for mowing golf greens and of the type, make and. model
accepted by the golf industry.
iii. Verticut all greens as needed to control mat and thatch buildup.
iv. Aerify greens as needed and remove plug the same day (when applicable), top-dress
the greens following each aerification (when applicable and as needed).
V. Treat greens with proper chemicals to control insects, disease, and other pests.
vi. Fertilize greens at a rate and frequency that will promote healthy turf propagation.
2. Tee Maintenance
KSM shall maintain all tees in accordance with the following minimum requirements, subject
to weather conditions:
i. Service tees daily by moving markers, benches, and. ball washers as needed relative to
volume of play.
ii. Change tee towels regularly and keep ball washers filled to proper level with water and
an appropriate cleaning agent
iii. Mow tees no less than (3)times weekly with reel-type mower at appropriate height for
turf type and climate conditions.
iv. Verticut tees as needed for thatch removal.
V. Repair worn and damaged turf areas as they occur by overseeding or resodding to
ensure playable tees at all times.
vi. Treat tees for control of insects, disease, weeds, and other pests necessary to maintain
healthy turf.
vii. Fertilize tees at a rate and frequency that will promote healthy turf propagation.
viii. Repair divots daily as needed relative to volume of play and available resources
ix. Aerify tees as needed and remove plugs the same day (as needed),top-dress the greens
following each aerification at the discretion of Golf Course Superintendent.
Management Agreement A-12 Confidential
North Richland Hills Golf Course
OL17.22swk
3. Fairway Maintenance (including Driving Range Area)
KSM shall maintain all fairways (including the driving range area) in accordance with the
following minimum requirements, subject to weather conditions:
i. Mow fairways with a reel-type mower.
ii. Verticut fairways as necessary for turf health and playing conditions
iii. Aerify all fairways as needed.
iv. Overseed and top dress (or, resod)worn or bare areas of fairways as necessary subject
to the approved budget.
V. Treat turf to control weeds, disease,insects and other pests necessary to maintain weed-
free and healthy turf.
vi. Fertilize fairways at a rate and frequency that-will promote healthy turf propagation.
4. Maintenance of Rough and Other Turf Areas
KSM shall maintain rough, turf, perimeter landscape areas, and landscape lawn areas,
including plant and annual color areas, in accordance with the following' minimum
requirements, subject to weather conditions:
i. Mow at least once per week or as needed relative to season
ii. Verticut as necessary to promote healthy growth
iii. Aerify as needed and seed or sod worn or bare areas in turf as necessary
iv. Treat turf to control weeds, diseases, insects, and other pests to maintain a healthy turf.
V. Fertilize fairways at a rate and frequency that-will promote healthy turf propagation.
5. Maintenance of Accessory Equipment
KSM shall maintain all golf course accessory equipment in a clean, functioning condition at
all times, replacing with equipment and/or materials as necessary, subject to the approved
budget, including, but not limited to, the following:
i. Signs
ii. Tee benches.
iii. Tee markers.
iv. Ball washers, including tee towels and soap.
V. Out-of-bounds markers, water hazards, cart directional signs, etc.
vi. Directional flags and poles.
vii. Distance markers (150 yards, etc.).
viii. Greens flags,poles and cups
ix. Practice green markers and cups.
X. Trash receptacles
Management Agreement A-13 Confidential
North Richland Hills Golf Course
OL17.22swk
6. Irri ag tion
KSM shall maintain the entire irrigation system serving the Golf Course property, including
main lines, valves, lateral lines; sprinkler heads, and controllers, in good repair, functioning
properly and conforming to all related codes and regulations at all times. KSM shall irrigate
the Golf Course property as required to maintain adequate moisture for growth rate and
appearance in accordance with accepted industry standards. Adequate soil moisture shall be
determined by visual observation,plant resiliency, turgidity, examining cores removed by soil
probe, moisture sensor devices, and programming irrigation controllers accordingly.
7. Other Required Duties
i. KSM shall remove all litter form the Golf Course grounds; including but not limited to
the Golf Course, maintenance yard, landscape areas, and the driving range. KSM shall
clean, repair, and replace trash receptacles as necessary to maintain clean, safe and
sanitary conditions at all times.
ii. KSM shall maintain shrub and ground cover plantings and lawn areas in a manner to
promote proper healthy growth and an aesthetically pleasing appearance at all times.
iii. KSM shall maintain all sand traps in a raked, edged, and weed-free condition at all
times, replacing sand in kind and rakes as necessary.
iv. KSM shall take preventive steps to protect slope areas from erosion, subject to the
approved budget.
V. KSM shall control rodent and other animal pests as necessary to prevent erosion and
destruction of plantings.
vi. KSM shall maintain and repair as necessary surface flow lines, swales, catch basins,
grates, subsurface drainage systems, and other drainage structures in a clear,weed-free
and properly functioning condition at all times.
vii. KSM shall maintain the golf maintenance storage room and yard in a clean, orderly,
and safe condition at all times, conforming to all applicable laws and regulations.
8. Other Comparable Golf Courses
KSM shall operate the Golf Course in consistent manner with the following other municipally
owned public daily fee golf courses in the Dallas/Fort Worth Metroplex area to the extent that
they maintain comparable operating and capital budgets as Golf Course.; Fossil Creek Golf
Club, Texas Star Golf Club and Texas Rangers Golf Club.
Management Agreement A-14 Confidential
North Richland Hills Golf Course
OL17.22swk
EXHIBIT F
IRON HORSE GOLF COURSE
GOLF OPERATIONS AND MAINTENANCE OPERATIONS
EVALUATION FORMS
---------------------------------------------------------
---------------------------------------------------------
GOLF OPERATIONS AND MAINTENANCE OPERATIONS AUDIT
DATE:
GENERAL MANAGER:
SUPERINTENDENT:
AUDITOR(S):
---------------------------------------------------------
---------------------------------------------------------
NEEDS
AREA UNACCEPTABLE IMPROVEMENT ACCEPTABLE
Greens ❑ ❑ ❑
Tees ❑ ❑ ❑
Fairways & Roughs ❑ ❑ ❑
Lakes and other Water Bodies ❑ ❑ ❑
Driving Range ❑ ❑ ❑
Maintenance Records and Schedules ❑ ❑ ❑
Maintenance Employees ❑ ❑ ❑
Maintenance Shop and Equipment ❑ ❑ ❑
Traffic Control ❑ ❑ ❑
Rest Rooms ❑ ❑ ❑
COMMENT:
Management Agreement A_1 S Confidential
North Richland Hills Golf Course
OL17.22swk
GREENS
QUALITY STANDARD: Smooth, uniform, turf, firm but not hard, well-defined, consistent, of
suitable, speed for the location. Cups placed in accordance with USGA recommendations, flags
stand up straight. Cups, poles, and flags are uniform, clean and in good repair. Pin placement
indicators uniform and properly use only where necessary.
1. QUALITY: How do they Putt and Play?
100% turf cover, smooth and uniform, no diseases, weeds, insects, rodents, or bare spots.
Do the greens hold approach shots? Are the cups cut cleanly and in proper locations?
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. APPEARANCE: How do they look?
Color and texture of the greens turf, no diseases, weeds, insects, rodents, or off-color
areas, uniformity of the mowing, condition of cup; flag and pole, condition of the areas
around the greens.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. SAND TRAPS GREENS: How do they play and look?
Sand surface is uniform and smooth; no weeds or large debris in traps, sand is adequate
depth for play. Rakes properly placed, adequate in number and condition. Quality of
mowing, trimming around traps. As necessary, edge traps to always maintain a neat lip.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
TEES
QUALITY STANDARD: Tees smooth, completely turfed, leveled, firm but not hard, clean,
properly directed, with amenities trash cans, signs, tee markers, monuments, ball washers,
towels, sand & seed containers, as appropriate, in good condition and repair, consistent and
uniform.
1. APPEARANCE, MANICURED AND CLEAN.
100% turf cover, no weeds, diseases, insects, or rodents, smooth and uniform.
Consistent, adequate top dressing and seeding program. Minimal litter or broken tees.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. PERIMETER AREA AROUND TEES
Area between cart path (if any) and tee-uniformity and smoothly turfed, no mud or dirt,
ball washers are clean, in good repair and located for the tee positions, cart paths are
clean and property placed as necessary; no identifiable traffic wear into tee.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
Management Agreement A-16 Confidential
North Richland Hills Golf Course
OL17.22swk
FAIRWAYS AND ROUGHS
QUALITY STANDARD: Smooth, uniform turf cover, smooth mowing, and trimming, clean, firm
but not hard, well defined, that properly supports the ball for play. Roughs: Properly mowed
and trimmed, clean and adequately uniform for play, distinct in height from fairways.
1. QUALITY. How do they play?
Mowing height of fairways and roughs is within expected standards for similar courses,
mowing frequency is appropriate for the turf type and season. Fairway turf properly
supports the ball for play. Absence of wet or dry spots in play areas.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. APPEARANCE. How do they look?
Uniformity of color, irrigation and, texture, no weeds, disease, insects, rodents, or off-
color areas. Quality mowing: appearance of being "Manicured". Turf coverage in traffic
areas.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. SAND TRAPS ROUGHS. How do they play and look?
Sand surface is uniform and smooth; sand is adequate depth for play. No weeds or large
debris in traps. Rakes properly placed, adequate in number and condition. Quality of
mowing, trimming around trees. As necessary, edge traps to always maintain a neat lip.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
4. TREES AND SHRUBS. How do they look?
Pruned to maintain specimen health and safety to golfers and maintenance employees.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
LAKES AND OTHER WATER BODIES
QUALITY STANDARD: Clean, well defined, free of weeds and noxious growth; well marked
and attractive.
1. Appearance of water-clean, no weeds, or noxious growth, no noxious odors, no floating
trash/debris.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Ground around lakes - mowing, trimming, etc;
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
Management Agreement A_17 Confidential
North Richland Hills Golf Course
OL17.22swk
DRIVING RANGE
1. APPEARANCE - MANICURED AND CLEAN
Uniformity of mowing, color, texture of turf, smoothness of surface, cleanness of mowing
on perimeters, absence of scalping. Consistent, adequate top dressing and seeding
program, trash free, quality and quantity of clean balls, bag stands.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. PERIMETER AREAS AROUND TEES
Area between cart path and tees - uniformly and smoothly turfed, no mud or dirt, club
washers, bag stands are clean, in good repair and properly located for the tee positions,
cart path is clean and properly edged, curbing or ropes/stakes are clean and properly
placed as necessary; no identifiable traffic pattern into tee.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. RANGE LANDING AREA
Turfed, clean and mowed per fairway maintenance section of audit.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
MAINTENANCE RECORDS AND SCHEDULES
All of the following maintenance records properly kept, on site, and up to-date.
NEEDS
CRITERIA UNACCEPTABLE IMPROVEMENT ACCEPTABLE
1. Maintenance Plan visible and in use ❑ ❑ ❑
2. Expense Ledger - Weekly ❑ ❑ ❑
3. Equipment Maintenance Records ❑ ❑ ❑
4. Labor Scheduling ❑ ❑ ❑
5. Fuel Log(s) ❑ ❑ ❑
6. Inclement Weather, core staffing ❑ ❑ ❑
program in place
Management Agreement A-18 Confidential
North Richland Hills Golf Course
OL17.22swk
MAINTENANCE EMPLOYEES/CORE STAFF
1. Required state and federal forms posted.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Uniforms, pith helmets, or hats, and appropriate footwear on all Department employees,
except superintendent.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
MAINTENANCE SHOP AND EQUIPMENT
1. Shop area is orderly, clean, with no obvious safety hazards. Fertilizer and chemical
storage is secured, clean and organized. No disorganized junk or trash in yard or shop.
Condition of superintendent's office.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Equipment is in good repair, is clean and properly maintained. Check oil, air cleaners,
hydraulic oil, and status of machines under repair.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
TRAFFIC CONTROL
1. Ropes, stakes, and other traffic control devices are clean as necessary, in good condition,
straight and repaired. Traffic control devices are used, effectively to minimize turf wear in
high traffic areas. Worn areas are under repair. Routes used by golf carts are well,
maintained, free of potholes, and present a generally smooth and clean appearance.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Cart paths - Concrete paths are uniform in width and surfaces are safe for spikes, smooth
for operation of golf carts.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
Management Agreement A-19 Confidential
North Richland Hills Golf Course
OL17.22swk
WOMEN'S REST ROOMS (On Course)
NEEDS
CRITERIA UNACCEPTABLE IMPROVEMENT ACCEPTABLE
1. Tile and painted walls clean ❑ ❑ ❑
2. Toilets clean ❑ ❑ ❑
3. Toilet seats clean, tops and under sides ❑ ❑ ❑
4. Mirrors clean ❑ ❑ ❑
5. Soap dispenser clean and full ❑ ❑ ❑
6. Paper towel dispenser dean and full ❑ ❑ ❑
7. Toilet paper dispenser clean and full ❑ ❑ ❑
S. Seat cover and dispenser clean and full ❑ ❑ ❑
9. Counter top clean ❑ ❑ ❑
10. Sink and faucet fixtures clean and functional ❑ ❑ ❑
11. Light fixtures clean, functional and bug-free ❑ ❑ ❑
12. Room air freshener clean and functional ❑ ❑ ❑
13.Trash receptacle, clean, reasonable empty ❑ ❑ ❑
14. Napkin receptacles clean with liners ❑ ❑ ❑
Management Agreement A-20 Confidential
North Richland Hills Golf Course
OL17.22swk
MEN'S REST ROOMS (On Course)
NEEDS
CRITERIA UNACCEPTABLE IMPROVEMENT ACCEPTABLE
1. Tile and painted walls clean ❑ ❑ ❑
2. Toilets clean ❑ ❑ ❑
3. Toilet seats clean, tops and under sides ❑ ❑ ❑
4. Mirrors clean and streak free ❑ ❑ ❑
5. Soap dispenser clean and full ❑ ❑ ❑
6. Paper towel dispenser clean and full ❑ ❑ ❑
7. Toilet paper dispenser clean and full ❑ ❑ ❑
S. Seat cover and dispenser clean and full ❑ ❑ ❑
9. Counter top clean ❑ ❑ ❑
10. Sink and faucet fixtures clean and functional ❑ ❑ ❑
11. Light fixtures clean, functional and bug-free ❑ ❑ ❑
12. Room air freshener clean and functional ❑ ❑ ❑
13.Trash receptacle, clean, reasonable empty ❑ ❑ ❑
14. Urinals: clean, splash mats and ❑ ❑ ❑
deodorant blocks
Management Agreement A-21 Confidential
North Richland Hills Golf Course
OL17.22swk
EXHIBIT G
IRON HORSE GOLF COURSE
CLUBHOUSE, FOOD & BEVERAGE, PERSONEL PROCEDURES, CARTS
EVALUATION FORMS
DATE:
GENERAL MANAGER:
AUDITOR(S):
---------------------------------------------------------
---------------------------------------------------------
NEEDS
AREA UNACCEPTABLE IMPROVEMENT ACCEPTABLE
Clubhouse Maintenance ❑ ❑ ❑
Managers Office ❑ ❑ ❑
Golf Pro Shop ❑ ❑ ❑
Rest Rooms Clubhouse ❑ ❑ ❑
Food and Beverage ❑ ❑ ❑
Security and Accounting ❑ ❑ ❑
Ca its ❑ ❑ ❑
Personnel ❑ ❑ ❑
Rest Rooms Patio ❑ ❑ ❑
COMMENT:
Management Agreement A_22 Confidential
North Richland Hills Golf Course
OL17.22swk
CLUBHOUSE MAINTENANCE
1. Parking lot trash-free, lot well striped and in good repair, trash bin area clean. Flags
flying, flags and poles in good condition.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Exterior wall surfaces dean and cobweb-free, windows clean. Paint in good condition. All
signage in good condition and uniformed.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. Ground well manicured, trash-free, walkways clean and edged, proper planting, flowers
fresh and colorful, planter beds weed and trash-free
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
4. Scorecards on carts with pencil, also available at golf shop counter
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
5. Preventative maintenance programs in place for building and equipment
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
6. Interior paint in good condition, walls and vents clean, wall-mounted, pictures hung
properly and clean, carpet vacuumed and spot-free or floor clean.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
MANAGERS OFFICE
1. Clean, files organized, manuals available, schedules current and available, manager
dressed appropriately with name badge. Monthly course inspection report available.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Staff dressed appropriately with name badge.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. File on contracts and agreements available.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
4. Labor scheduling, Managers & Staff.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
Management Agreement A-23 Confidential
North Richland Hills Golf Course
OL17.22swk
GOLF PRO SHOP
1. Customer Service: all staff have been trained in and provide Best in Class service to
customers, including staff empowered to handle customer problems.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Starters and marshals in position on course relative to volume of play.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. Cash handling: staff trained and executing proper collection methods and handling.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
4. Prices marked clearly, employee product knowledge, suggestive selling, approved
signage, merchandise hung and/or folded properly by color, departmentalized, clean and
neat, no old stock.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
5. Carpet vacuumed and spot-free, windows and mirrors clean and streak free. Shelves,
counter tops, baseboards, and window ledges dusted, counter clean.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
6. Staff dressed and groomed appropriately with name badge.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
7. Starter's responsibilities: Printed version of digital tee sheet with cart numbers assigned
to each group and verification of fees paid.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
Management Agreement A-24 Confidential
North Richland Hills Golf Course
OL17.22swk
WOMEN'S REST ROOMS (Clubhouse)
NEEDS
CRITERIA UNACCEPTABLE IMPROVEMENT ACCEPTABLE
1. Tile and painted walls clean ❑ ❑ ❑
2. Toilets clean ❑ ❑ ❑
3. Toilet seats clean, tops and under sides ❑ ❑ ❑
4. Mirrors clean and streak free ❑ ❑ ❑
5. Soap dispenser clean and full ❑ ❑ ❑
6. Paper towel dispenser dean and full ❑ ❑ ❑
7. Toilet paper dispenser clean and full ❑ ❑ ❑
S. Seat cover and dispenser clean and full ❑ ❑ ❑
9. Counter top clean ❑ ❑ ❑
10. Sink and faucet fixtures clean and functional ❑ ❑ ❑
11. Light fixtures clean, functional and bug-free ❑ ❑ ❑
12. Room air freshener clean and functional ❑ ❑ ❑
13.Trash receptacle, clean, reasonable empty ❑ ❑ ❑
14. Napkin receptacles clean with liners ❑ ❑ ❑
Management Agreement A-25 Confidential
North Richland Hills Golf Course
OL17.22swk
MEN'S REST ROOMS (Clubhouse)
NEEDS
CRITERIA UNACCEPTABLE IMPROVEMENT ACCEPTABLE
1. Tile and painted walls clean ❑ ❑ ❑
2. Toilets clean ❑ ❑ ❑
3. Toilet seats clean, tops and under sides ❑ ❑ ❑
4. Mirrors clean and streak free ❑ ❑ ❑
5. Soap dispenser clean and full ❑ ❑ ❑
6. Paper towel dispenser clean and full ❑ ❑ ❑
7. Toilet paper dispenser clean and full ❑ ❑ ❑
S. Seat cover and dispenser clean and full ❑ ❑ ❑
9. Counter top clean ❑ ❑ ❑
10. Sink and faucet fixtures clean and functional ❑ ❑ ❑
11. Light fixtures clean, functional and bug-free ❑ ❑ ❑
12. Room air freshener clean and functional ❑ ❑ ❑
13.Trash receptacle, clean, reasonable empty ❑ ❑ ❑
14. Urinals: clean, splash mats and ❑ ❑ ❑
deodorant blocks
Management Agreement A-26 Confidential
North Richland Hills Golf Course
OL17.22swk
FOOD AND BEVERAGE
1. Customer Service: Greeted up entry, everyone has been empowered to, handle
customer's problem.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Staff in uniform: logo shirt, name badge, staff is friendly, smiling, and helpful.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
S. Cash handling: staff trained and executing proper collection methods and handling.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. Menu board and menus clean and clearly written.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
4. Storage areas: clean, shelves organized. Food and chemicals stored per applicable
governmental regulations.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
5. Dining area carpet/tile vacuumed/cleaned and spot-free, windows clean and streak-free;
tables and chairs neatly arranged, table tops clean and bases dusted, chairs clean, linens
neat and clean, lights clean and functional.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
6. Bar seating area clean, bar top clean with supplies neatly arranged, bar mats and floor
clean, staff in uniform with nametags. Light fixtures clean and functional, back bar
organized, liquor brands displayed and dusted, refrigerators clean and organized, beer
dispenser and drains clean. ABC License: framed, posted and current, liquor storage
shelves organized and clean, walls, and vents clean. Approved-pouring brands in place for
well and back bars.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
7. Bar breakage being disposed of properly.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
S. Banquet information available/contracts completed and signed for each booking with
deposit/contract being used. Banquet histories, call reports and files in place and current.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
Management Agreement A-27 Confidential
North Richland Hills Golf Course
OL17.22swk
Kitchen:
1. Dish washing machine clean and sanitation procedures followed, garbage disposal
operable, pots, pans and all shelving grease-free, garbage cans clean with liners; chopper,
slicer, and mixer clean and operable. Kitchen floors clean, drains operable and clean,
hoods, filters clean. Refrigerators clean and organized, food stored off of the floor. Food,
film covered in refrigerators and freezers, walls and floors clean, fire extinguishers current,
last Health Department inspection on file.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Inventory organized, in locked storage when applicable, two staff members take the
inventories.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. Equipment clean and functional, freezers and refrigerators at correct temperature. Sink
areas clean. Grill areas: clean, and filters clean. Trash containers clean including lid, liner
buff, reasonably empty.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
SECURITY AND ACCOUNTING
1. Payables, weekly sales, daily packages filed in date order, utilized per accounting manual
profit and loss statements, payroll registers and general ledgers for management access
only.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Alarm system operational, staff trained to use, only management has pass through, fire
extinguishers services.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. Proper accounting software on P.C., no excess programs.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
4. Parking and clubhouse lighting adequate, functional and on time, set properly for the
season.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
5. Bank-deposits made during daylight hours only, one business day or less, of receipts in
locked safe, deposits taken to bank in a timely manner.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
6. Safe locked, not-on day lock. Combination last changed
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
7. Cash verification.
Management Agreement A-28 Confidential
North Richland Hills Golf Course
OL17.22swk
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
S. Tournament contracts files with receipt attached. Deposit rung and recorded day received.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
CARTS
1. Electric Carts on site: Quantity Available % of Total
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Maintenance records: current, maintenance records kept onsite, all repairs dated, tools
available.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. Necessary tools, carts being rotated, records kept, surfaces of batteries clean and free of
acid, rest of cart chassis and mechanical recently cleaned.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
4. Carts being used for rental only, seats clean and in good repair, floor mats clean and in
good repair and cart bodies and roofs in good repair.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
5. Cart storage area clean no junk.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
6. Employees demonstrate caring customer service, neat and clean, appropriately groomed,
employees in uniform with name badge, proper shoes.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
Management Agreement A_29 Confidential
North Richland Hills Golf Course
OL17.22swk
PERSONNEL PROCEDURES
1. Time clocks operational. Hotline poster, for employees eyes only. Spanish available where
necessary.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
2. Required state and federal forms posted by time clock.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
3. Personnel files up to date to include key and uniform issue. Attendance forms on file or in
digital tracking system for all employees.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
4. First aid kit available and adequately stocked; phone number for emergencies, police, and
fire posted.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
5. Monthly/quarterly staff and safety meetings being held. Forms complete and up-to-date.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
6. Inclement weather staff-reduction procedure in place
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
7. New employee forms available, checklist, applications, loss prevention, employee
handbook, insurance enrollment cards, incident/accident form.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
S. Additional personnel forms available, verbal warning, written warnings, termination,
checklist.
Unacceptable ❑ Needs Improvement ❑ Acceptable ❑
Management Agreement A-30 Confidential
North Richland Hills Golf Course
OL17.22swk
DEFICIENT ITEMS
Required
Item on List Completion
Date
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Management Agreement A_31 Confidential
North Richland Hills Golf Course
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EXHIBIT H
CITY ASSETS
IRON HORSE GOLF COURSE
Pursuant to Section 3.9 "Equipment Inventory" of the Agreement, on or before the
Commencement Date, the City shall provide a list of all City assets to be used for operating,
managing, and maintaining the Golf Course("City Assets"). Such list shall be attached hereto and
incorporated herein into Exhibit H and made a part of this Agreement.
Management Agreement A_32 Confidential
North Richland Hills Golf Course
OL17.22swk
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. 2022-841071
Kemper Sports Management, Inc.
Northbrook, IL United States Date Filed:
2 Name of governmental entity or state agency t at is a parry to the contract for which the form is 01/18/2022
being filed.
City of North Richland Hills,TX 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.
22-001
Golf Course Management
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Kelley, Steve Northbrook, IL United States X
Lawler,James Northbrook, IL United States X
Lesnik,Joshua Northbrook, IL United States X
Skinner,Steven Northbrook,IL United States X
Lesnik,Steven Northbrook, IL United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
Christine Jones mm. . ..m... _..... _.
My address is 500 Skokie Blvd., Suite 444 Northbrook IL , 60062 US
�... d....w................. ....
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in
Cook County, Stateof ___ _Illinois __ on the 18thday of January 20 22
(month) (year)
Signature of author4j6d agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
MRH
C7&TH KIC"HLr'.ND HILL
COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Consider Resolution No. 2022-XXX authorizing submission of the
grant application and acceptance of the allocated funds if awarded
for the FY2021 Staffing For Adequate Fire and Emergency
Response (SAFER) Grant for cost of salary and benefits for three
additional firefighter positions for three years.
PRESENTER: Stan Tinney, Fire Chief
SUMMARY:
The North Richland Hills Fire Department (NRHFD) has coordinated the
application for the FY2021 Staffing For Adequate Fire and Emergency Response
(SAFER) Grant for 3 additional firefighter staff positions; if awarded, this will allow
for 1 additional firefighter per shift, bringing total minimum staffing from 24 each
day up to 25 firefighters each day.
GENERAL DESCRIPTION:
The City of North Richland Hills Fire Department is interested in applying for the
cost of direct salary and associated benefits for 3 additional firefighter positions, 1
person per shift for A, B, and C shift. If authorized, NRHFD will submit the SAFER
application for 3 firefighter personnel positions where only salary and associated
benefits (actual payroll expenses) will be covered by the grant for 3 years, with no
match required. The intent would be to keep the 3 positions following the end of
the 3-year grant period, although it is not a requirement of the grant to do so.
North Richland Hills Fire Department would take on the role of administrator of the
grant if awarded. North Richland Hills is requesting $824,463 in total funding in
grant application, at $91,607 per firefighter per year. If awarded, the SAFER grant
does not require a match from the participating agencies on the salary and
benefits; however, NRHFD will be required to pay for those ineligible grant items
for the 3 new staff, including Personal Protective Equipment, uniform allowances,
and annual medical exams. This cost would be included in the FY23 budget at the
next budget review.
RECOMMENDATION:
Approve Resolution No. 2022-` ` ` .
RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AUTHORIZING SUBMISSION OF AN
APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF
AWARDED OF THE GRANT APPLICATION FOR THE FY2021
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
(SAFER) GRANT
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
for the FY2021 Staffing For Adequate Fire and Emergency Response
(SAFER) Grant to apply for cost of salary and benefits for three additional
firefighter positions for three years; and
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills to increase our daily minimum firefighter
staffing to improve the critical fire and safety skills needed to address our
risks in our community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council of North Richland Hills hereby finds that the recitals set
forth above are true and correct and are incorporated into this Resolution
as if written herein.
SECTION 2. The City Council of North Richland Hills hereby authorizes and approves the
submission of application for the FY2021 Staffing For Adequate Fire and
Emergency Response Grant in the amount of $824,463, and makes
appointments for the conduct of business relative to the grant.
SECTION 3. The City Council of North Richland Hills designates Fire Chief Stan Tinney
as the grantee's authorized official, with the power to apply for, accept,
reject, alter or terminate the funding request on behalf of the applicant
agency.
SECTION 4. The City Council of North Richland Hills agrees that the loss or misuse of
SAFER funds or failure to comply with all SAFER award requirements may
result in suspension or termination of award funds, the repayment of award
funds, and/or other remedies available by law.
SECTION 4. This Resolution shall take effect and be in full force and effect from and after
the date of its adoption, and it is so resolved; and all Resolutions of the City
Council in conflict herewith are hereby amended or repealed to the extent
of such conflict.
PASSED AND APPROVED on this 24t" day of January, 2022.
Resolution No. 2022-XXX
Page 1 of 2
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Stan Tinney, Fire Chief
Resolution No. 2022-XXX
Page 2 of 2
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Consider and approve Resolution No. 2022-009, calling the May 7,
2022 City Council Election, and authorizing the Mayor to execute a
joint election agreement with Tarrant County and other political
subdivisions for election services.
PRESENTER: Alicia Richardson, City Secretary / Chief Governance Officer
SUMMARY:
The City Council is required by the Texas Election Code to order the city's general
election of officials. Resolution No. 2022-009 orders the city's election for May 7, 2022.
The resolution also authorizes the city to hold its election jointly with other Tarrant
County entities, contract with Tarrant County to administer the joint election, and
establishes voting locations.
GENERAL DESCRIPTION:
The City Secretary's Office is responsible for conducting municipal elections as
prescribed by the Election Code of the State of Texas and the City of North Richland
Hills' City Charter.
The City Charter states that the governing body of the city shall consist of a Mayor and
seven (7) Council persons who shall be elected for terms of two years. All places,
including the Mayor, will be elected at large. The Mayor and Council persons in Places
2, 4, and 6 shall be elected in even-numbered years and Council persons in Place 1, 3,
5 and 7 elected in odd-numbered years.
Pursuant to Section 3.004 of the Texas Election Code, the governing body of a political
subdivision shall order the general election. An election may only be held on a uniform
election date - first Saturday in May or the first Tuesday after the first Monday in
November.
In accordance with state law, Resolution No. 2022-009 orders the city's general election
of officials to be held on May 7, 2022. Persons elected to offices of Mayor and City
Council Places 2, 4, and 6 shall be for a term of two years. The resolution establishes
Election Day voting locations, provides for the appointment of election officials, early
voting and Election Day procedures, and authorizes the Mayor to execute a joint
election agreement and contract for election services with Tarrant County.
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Candidate and Voting Information
The filing period for the 2022 general election began January 19, 2022 and concludes
on February 18, 2022. Candidates will file their completed application with the City
Secretary's Office during the business week between the hours of 8.00 a.m. and 5.00
p.m.
Early voting will begin April 25, 2022 and continue through May 3, 2022. In the event a
run-off election should be needed, the resolution sets June 18, 2022 as the run-off date,
provides for early voting days and times and allows the contract with Tarrant County to
be extended to the run-off election.
Tarrant County has been approved to utilize vote centers on Election Day. The Tarrant
County Commissioner's Court approved participation in the countywide polling place
program. This allows qualified voters the ability to cast their ballot on Election Day at
any polling location within Tarrant County. Previously, qualified voters were required to
cast their ballot on Election Day at their preassigned polling location based on their
precinct.
Joint Election Agreement
As in previous years, the city's election will be held jointly with other Tarrant County
political entities holding an election to be administered by Tarrant County. Following the
filing period (February 18, 2022), Tarrant County will provide a finalized contract that
includes all entities participating and holding an election. It is anticipated that the
election contract will be similar to previous contracts with the county and will include the
following provisions:
• Tarrant County Elections Administrator, or his designee, will serve as the
administrator of the joint election with each participating entity and be responsible for
decisions and actions as required by law.
• Early voting will be conducted jointly with all participating entities beginning on April
25, 2022 and ending on May 3, 2022 at the locations and times established by the
county. North Richland Hills voters may vote early at:
+ Tarrant County Elections Center, 2700 Premier, Fort Worth; (Main Early Voting
Location)
+ City Hall (Community Room), 4301 City Point Drive;
+ North Richland Hills Library (Community Room), 9015 Grand Avenue; or
+ any of the other joint early voting locations within Tarrant County.
• Voting will be conducted exclusively on the county's Hart InterCivic Verity Voting
System. This hybrid system provides a paper trail for every voter, combined with the
latest advancement in digital security.
• Ballots that contain content for more than one joint participant because of
overlapping territory will be arranged in the following order: Independent School
District, City, Water District(s), College District and other political subdivisions.
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NOLa`C`H KIC"HLAND HILLS
• Vote Centers on Election Day — qualified North Richland Hills voters are able to cast
their ballot at any polling location within Tarrant County.
• The Tarrant County Elections Administrator will release unofficial cumulative totals
and precinct returns of the election as precincts report to the central and remote
tabulating stations and the returns are tabulated. The unofficial cumulative totals and
precinct returns will be released to the joint participants, candidates, press and
general public by distribution of hard copies at the central counting station (2700
Premier Street, Fort Worth) and by posting to the county web site. Each participating
entity will receive their election results from the county's website.
• Election expenses will be allocated among the participating entities.
• The Elections Administrator will be the general custodian of the voted ballots and all
records of the joint election.
RECOMMENDATION:
Approve Resolution No. 2022-009.
RESOLUTION NO. 2022-009
CALLING THE CITY GENERAL ELECTION TO BE HELD ON MAY 7,
2022 TO ELECT PERSONS TO THE OFFICE OF MAYOR AND COUNCIL
PLACES 2 4, AND 6 FOR A TERM OF TWO YEARS; ESTABLISHING
ELECTION DAY VOTING LOCATIONS, CANDIDATE FILING PERIOD,
EARLY VOTING, RUNOFF ELECTION, METHOD OF VOTING, AND
PUBLICATION AND POSTING REQUIREMENTS; AND AUTHORIZING
JOINT ELECTION AGREEMENTS AND SERVICES.
WHEREAS, the City of North Richland Hills, Texas ("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 Local Government code; and
WHEREAS, the City of North Richland Hills Charter provides that city elections shall be
held in accordance with laws of the State of Texas; and
WHEREAS, Section 41.001(a)(1-2) of the Texas Election Code establishes the first
Saturday in May as a uniform election date for the purposes of conducting
a General Election; and
WHEREAS, Section 3.004(b) of the Texas Election Code provides that the governing
body of a municipality shall be the authority to order a General Election for
the purposes of electing members to the governing body; and
WHEREAS, the City will enter into joint election agreements and contracts for general
election services with Tarrant County pursuant to Texas Election Code
("Code) Sections 31.092 and 271.002.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1. That the recitals set forth above are true and correct and are hereby
incorporated into and made a part of this Resolution.
Section 2. General Election Called. An election is hereby called to elect persons to
the office for Mayor and Council Places 2, 4, and 6 to serve from May 2022
until May of 2024, or until their successors are duly elected and qualified.
The election shall be held on May 7, 2022 between the hours of 7.00 a.m.
until 7.00 p.m.
Resolution No. 2022-009
Page 1 of 5
Polling locations in North Richland Hills includes:
Library (Community Room) City Hall (Community Room)
9015 Grand Avenue 4301 City Point Drive
North Richland Hills, TX 76180 North Richland Hills, Texas 76180
Former Bursey Road Senior Center
7301 Bursey Road
North Richland Hills, Texas 76180
Qualified North Richland Hills voters will also be able to cast their ballots at
any countywide polling location on Election Day.
Section 3. Application for Place on Ballot. Qualified persons may file as candidates
by filing with the City Secretary, or her designee, between the hours of 8.00
a.m. and 5.00 p.m., Monday through Friday, beginning January 19, 2022
and ending February 18, 2022. Each application for a place on the ballot
shall be accompanied by either a filing fee of One Hundred Fifty ($150.00)
Dollars payable to the City, or in lieu of the filing fee, a petition seeking the
candidate's name to be placed on the ballot. Such petition must be signed
by at least one hundred fifty (150) qualified voters of the City.
Section 4. Joint Election Agreements Approved. The Mayor is authorized to enter
into joint election agreements and other contracts as necessary for election
services with Tarrant County conducted under the authority of Chapter 271
of the Election Code (the "Agreements"). The election shall be conducted
pursuant to the election laws of the State of Texas.
Section 5. Early Voting.
a. Early voting by personal appearance. Early voting by personal
appearance will be held jointly with other political subdivisions in Tarrant
County beginning on April 25, 2022 and will continue through May 3,
2022 at the locations established by Tarrant County on the dates and
times as follows or as may be amended by Tarrant County:
April 25 —April 29 8.00 a.m. to 5.00 p.m.
April 30 7.00 a.m. to 7.00 p.m.
May 1 11.00 a.m. to 4.00 p.m.
May 1 — May 2 7.00 a.m. to 7.00 p.m.
The main early voting location shall be located at:
Tarrant County Elections Center
2700 Premier Street
Fort Worth, Texas 76111
Early voting locations in North Richland Hills include:
Resolution No. 2022-009
Page 2 of 5
City Hall North Richland Hills Library
Community Room Community Room
4301 City Point Drive 9015 Grand Avenue
North Richland Hills, TX 76180 North Richland Hills, TX 76180
b. Early voting by mail. Tarrant County Chief Elections Administrator, or
his designee, is hereby designated as Early Voting Clerk for the city's
election. The Tarrant County Chief Elections Administrator may appoint
other deputy early voting clerks as necessary. Applications for early
voting by mail may be delivered to the Chief Elections Administrator
beginning January 1, 2022, but not later than April 26, 2022 if delivered
by mail to:
Early Voting Clerk
2700 Premier Street
Fort Worth, Texas 76111
Early voting by mail ballots shall be mailed to the Chief Elections
Administrator at the same address.
Pursuant to House Bill 3107, the early voting clerk's email address,
phone number and internet website are as follows:.
Early Voting Clerk
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817-831-8683
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c. Early voting by Ballot Board. Early voting, both by personal
appearance and by mail, shall be canvassed by the Early Voting Ballot
Board, which is hereby created. The Presiding Election Judge and
Alternate Presiding Election Judge, as set forth in the Agreements, shall
serve as the presiding officer and alternate presiding officers,
respectively, of the Early Voting Ballot Board. The other election officers
serving at the election shall serve as the other members of the Early
Voting Ballot Board.
Section 6. Runoff Election. In accordance with Section 2.025 of the Texas Election
Code, in the event no candidate receives a majority of votes for an office,
there shall be a runoff election held on June 18, 2022. The polling place on
Election Day for the runoff election shall be at the same polling places as
those of the original election, or as amended, and the hours of voting shall
be between 7.00 a.m. and 7.00 p.m. Early voting by personal appearance
shall be held at the same locations set out in Section 5 on the dates and
times as follows or as may be amended by Tarrant County:
Resolution No. 2022-009
Page 3 of 5
June 6 — June 10 8.00 a.m. 5.00 p.m.
June 11 7.00 a.m. — 7.00 p.m.
June 12 11.00 a.m. —4.00 p.m.
June 13 - June 14 7.00 a.m. to 7.00 p.m.
Section 7. Method of Voting. Early voting by personal appearance and voting on
Election Day shall be conducted exclusively on Tarrant County's Hart
InterCivic Verity Voting System. All expenditures necessary for the conduct
of the election, the purchase of materials therefore, and the employment of
all election officials are hereby authorized, and shall be conducted in
accordance with the Agreements and the Code.
Section 8. Governing Law and Qualified Voters. The election shall be held in
accordance with the Constitution of the State of Texas and the Code, and
all resident qualified voters of the City shall be eligible to vote at the election.
Section 9. Publication and Posting of Notice of Election. Notice of the election
shall be given as required by Chapter 4 of the Code.
Section 10. Necessary Actions. The Mayor is authorized to execute a joint election
agreement and contract for election services with Tarrant County whereby
Tarrant County will provide all material, supplies and personnel to hold the
election contemplated hereby, including any runoff election which may be
required, and will be responsible for coordinating, supervising and
administering the joint election. This resolution shall be construed with any
action of the governing bodies of other Tarrant County political subdivisions
providing for the conduct of a joint election as herein contemplated. The
Mayor and the City Secretary of the City, in consultation with the City
Attorney, are hereby authorized and directed to take any and all actions
necessary to comply with the provisions of the Code in carrying out and
conducting the election, whether or not expressly authorized herein.
PASSED AND APPROVED on this the 24t" day of January, 2022.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
Resolution No. 2022-009
Page 4 of 5
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
Resolution No. 2022-009
Page 5 of 5
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: January 24, 2022
SUBJECT: Announcements
PRESENTER:
GENERAL DESCRIPTION:
At each Council meeting a member of the governing body announces upcoming events
in the City and recognizes an employee that exemplifies the City's core values.
Announcements:
NRH2O Family Water Park is hosting the Polar Plunge benefiting Special Olympics
Texas on Saturday, February 5. You can find more information and a link to sign up on
the city's website.
Registration is open for the next Citizens Fire Academy. Classes will be held on
Thursday evenings from March 3 through April 28. Please visit our website to view the
schedule and register online.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we have a special recognition for:
Brian Beaudette, Jeff Blalock, and Cole Bellew, Fire Department — A senior citizen
emailed her appreciation for the crew who changed the batteries in her smoke
detectors. They came by the same day she called to request assistance and also took
time to test her security alarm. She wrote: "As senior citizens, we could not be more
pleased with the security our city willingly provides. We sincerely hope these fine
firemen are recognized not only for saving fire victims, but for protecting us above and
beyond the call of duty with kindness and respect."