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Home My WebLink AboutCC 2022-02-14 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, FEBRUARY 14, 2022 WORK SESSION: 6:00 PM Held in the Council Workroom CALL TO ORDER 1.. Discuss items from regular Citv Council meeting. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.07Deliberate the purchase, exchange, lease or value o real property 5301 , 66096617, 6701, 675 Davis Boulevar ; 8001 , 8005 and 805 Main Street; 680, 684 and 688 Mickey Street; 661 Snider Streetand 670 NE Loop 80. Monday, February 14, 2022 City Council Agenda Page 1 of 4 2. Section 551.087: Deliberation regarding Econo ic evelopment negotiations -:— 6609, 6617 6701 6725 and 8358 Davis 8001, 8005 and 8025 Main Street, 68.20 6824 and 6828 Mickey Street; 6612 Snider Street- and 6720 NE Loop 30. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER TURNAGE A.2 PLEDGE - COUNCIL MEMBER TURNAGE 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 January 24, 2022 reQuiar City Council meeting,. B-2 Authorize the purchase of three _12L_22Lice equipped_motorcycles from Lo ative Contract, in the combined amount o 13 357.64. Monday, February 14, 2022 City Council Agenda Page 2 of 4 B.3 Authorize City Manager to execute an agreement with StraTact Media Grg,!I�LL�Qfor media advertising for NRH20 Family Water Park in an amount not to exceed $ BA Consider Resolution No. 2022L010, approving a Memorandum of Understanding with the City o Fort Worth for the FY2021 Edward Byrne Memorial Justice Assistance Grant Formula Program Award. B-5 Consider Resolution No. 2022-011 authorizing submission ofthe grant application and acceptance o allocated funds if awarded for the 2022 State Homeland Security Proqrgpl for Northeast Fire Dgp2Ltment azardous Material Team Dry De ontamination Eguipm nt. C. PUBLIC HEARINGS C-1 Ordinance No. 3729,_pubric hearing and consideration to approve an amendment to the Fiscal Year 2021/2022 Amended Budget. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E-1 Consider Ordinance No. 3730, amending Article IV, Section 54-166 of the Code of Ordinances to remove parking restrictions on designated portions o Bob Drive. F. GENERAL ITEMS F-1 Consider Resolution No. 2022:012 authorizing the defeasance and calling for redemption of certain currently outstanding debt obligations of the City relating to North Richland Hills Tax Increment Reinvestment Zone NumbgL 2-__ directing that authorized City o icials effectuate the defeasance and redemption o such obligations; and resolving other matters incident and related to the redemption and defeasa nce of such obligation. F-2 Consider Ordinance NL._3731, amendingChapter 46 Article . III of the North Richland Hills Code of Ordinances and Section 46 of Appendix A Fee Schedule of the North Richland Hills Code of Ordinances related to library fees, Monday, February 14, 2022 City Council Agenda Page 3 of 4 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 - MAYOR PRO TEM ORR 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, February 11, 2022 by 3:00 PM. Alicia Richardson City Secretary/Chief Governance Officer This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, February 14, 2022 City Council Agenda Page 4 of 4 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 14, 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. "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 14, 2022 SUBJECT: Approve minutes of the January 24, 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 minutes of the January 24, 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 24, 2022 WORK SESSION CALL TO ORDER The City Council of the City of North Richland Hills, Texas met in work session on the 24th day of January at 6.00 p.m. in the City Council Chamber 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 Patrick Faram Place 5 Scott Turnage Place 6 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 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. City Council had no questions for staff. 2. INTRODUCTIONS OF KEMPER SPORTS MANAGEMENT, INC., EXECUTIVES. Deputy City Manager Paulette Hartman informed City Council the agreement for management services for Iron Horse Golf Course is on the regular agenda. The purpose of the work session item is to introduce the executive team and local general managers from Kemper Sports Management, Inc. Ms. Hartman introduced Vice President of Operations Val D'Souza, Brad Dutler, General Manager Buffalo Creek Golf Club, and Ehren Guntert, General Manager Timberlinks Golf Club. January 24, 2022 City Council Meeting Minutes Page 1 of 9 3. DISCUSS PARKING RESTRICTIONS ON BOB DRIVE. Director of Public Works Caroline Waggoner presented item. Ms. Waggoner indicated staff is seeking direction from City Council to lift the no parking restrictions on Bob Drive. The city has received an increase in complaints and calls for enforcement on Bob Drive adjacent to the Fleetwood Apartments. The apartment has no available on-street parking for residents or guests. Ms. Waggoner commented that staff members from Public Works, Police, Planning and Neighborhood Services have discussed the concern and propose to lift the restrictions on the west side of Bob Drive immediately east of the multi-family property. There being no objection from City Council, Ms. Waggoner stated that staff will bring forward an ordinance to lift the no parking restrictions on the west side of Bob Drive. EXECUTIVE SESSION There being no Executive Session, Mayor Trevino announced at 6.25 p.m. that City Council would convene to the regular meeting. REGULAR MEETING Mayor Trevino called the meeting to order January 24, 2022 at 7.00 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 Patrick Faram Place 5 Scott Turnage Place 6 Kelvin Deupree Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A. CALL TO ORDER Mayor Trevino called the meeting to order January 24, 2022 at 7.00 p.m. A.1 INVOCATION Council member Faram gave the invocation. January 24, 2022 City Council Meeting Minutes Page 2 of 9 A.2 PLEDGE Council member Faram led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 PUBLIC COMMENTS There were no requests to speak from the public. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY MAYOR PRO TEM ORR, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE JANUARY 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-M2IN THE AMOUNT NOT TO EXCEED THE BUDGETED AMOUNT OF $250,000. B.3 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. January 24, 2022 City Council Meeting Minutes Page 3 of 9 B.4 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 RP07-20IN THE AMOUNT OF $80,903.00 UTILIZING ARPA FUNDING. B.5 CONSIDER RESOLUTION NO. 2022-003, 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. B.6 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. B.7 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. B.8 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. C. PUBLIC HEARINGS CA 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. 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 to revise the NR-PD for 9.04 acres located at 7901 Boulevard 26. The area is designated on the Comprehensive January 24, 2022 City Council Meeting Minutes Page 4 of 9 Land Use Plan as retail commercial and the current zoning is NR-PD nonresidential planned development. Mr. Comstock provided site photos of the property. Mr. Mikhail Orlov, with Weby Corp, located 7901 Boulevard 26, presented the request. The location in North Richland Hills is known as GRITRSports and they have been in business since 2019. Mr. Orlov commented that Ecommerce and distribution is their main business. They made improvements to the 60,000 square foot warehouse space and want to branch out to duck hunting and recreational vehicles (high end overland/safari used SUV vehicles). Mr. Comstock presented staff's report. The revision to the non-residential planned development is to allow the applicant to sell up to seven used sport utility vehicles. The Planning and Zoning Commission, at their January 6, 2022 meeting, recommended approval with a vote of 5-0. 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 DEUPREE, SECONDED BY COUNCIL MEMBER FARAM TO APPROVE ORDINANCE NO. 3728. MOTION TO APPROVE CARRIED 7-0. C.2 SECOND PUBLIC HEARING ON THE JUVENILE CURFEW ORDINANCE AND APPROVE 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. The first public hearing for this item was conducted at the January 10, 2022 City Council meeting. Staff recommends City Council conduct the second public hearing and take action on January 24, 2022 City Council Meeting Minutes Page 5 of 9 the item. 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, SECONDED BY DEPUTY MAYOR PRO TEM COMPTON TO APPROVE ORDINANCE NO. 3726 MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS FA 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. APPROVED Director of Finance Mark Mills informed City Council the NRP Group purchased multi-family tracts from Centurion American in the City Point PID Zone B. The NRG Group prepaid its future PID assessments for the purchased property and pursuant to a provision (extraordinary optional redemption) in the Special Assessment Revenue Bonds, Series 2019, the city has the authority to call bonds prior to their maturity as provided in the Indenture of Trust between the City of North Richland Hills and Wilmington Trust (the "Trustee). Resolution No. 2022-007 calls for the redemption of $3,150,000 in principal amount of the bonds on March 1, 2022 at the price of par and the accrued interest to the date of the redemption. January 24, 2022 City Council Meeting Minutes Page 6 of 9 A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY MAYOR PRO TEM ORR TO APPROVE RESOLUTION NO. 2022-007, 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. MOTION TO APPROVE CARRIED 7-0. F.2 AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MANAGEMENT AGREEMENT WITH KEMPER SPORTS MANAGEMENT, INC. FOR MANAGEMENT SERVICES AT IRON HORSE GOLF COURSE. APPROVED Deputy City Manager Paulette Hartman informed City Council the item before them this evening is to consider and approve the new contract for management services of Iron Horse Golf Course. The current agreement expires March 31, 2022 and KemperSports is ready for a smooth transition. KemperSports will work toward modernizing the course, while incorporating the history of Iron Horse Golf Course. Ms. Hartman reviewed the request for proposal process and highlights of the agreement. A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER DEUPREE TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MANAGEMENT AGREEMENT WITH KEMPER SPORTS MANAGEMENT, INC. FOR MANAGEMENT SERVICES AT IRON HORSE GOLF COURSE. MOTION TO APPROVE CARRIED 7-0. F.3 CONSIDER RESOLUTION NO. 2022-008, AUTHORIZING SUBMISSION OF THE GRANT APPLICATION 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. APPROVED Fire Chief Stan Tinney presented item. If approved, the Fire Department will submit a grant application for three additional firefighter staff positions. If awarded, the department will have one additional firefighter per shift. The grant, which only pays for salary and associated benefits (actual payroll expenses), is for three years. Mr. Tinney commented that the grant does not require a match and the department's intent is to keep the three positions following the end of the grant period. Mr. Tinney stated that the city is responsible to pay for ineligible grant items, such as personal protective equipment, January 24, 2022 City Council Meeting Minutes Page 7 of 9 uniform allowances, and annual medical exams. A MOTION WAS MADE BY COUNCIL MEMBER FARAM, SECONDED BY DEPUTY MAYOR PRO TEM COMPTON TO APPROVE RESOLUTION NO. 2022-008, AUTHORIZING SUBMISSION OF THE GRANT APPLICATION 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. MOTION TO APPROVE CARRIED 7-0. FA 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. APPROVED City Secretary/Chief Governance Officer Alicia Richardson informed City Council the item before them this evening is to approve Resolution No. 2021-009, calling the City's General Election to be held on May 7, 2022 to elect persons to Mayor and City Council Places 2, 4, and 6. The candidate filing period began Wednesday, January 19 and the last day to file for a place on the ballot is Friday, February 18. Early voting for the election begins April 25 and continues through May 3. Early voting locations in North Richland Hills includes City Hall, 4301 City Point Drive and the City Library, 9015 Grand Avenue. In addition, voters will be able to vote at any early voting location located in Tarrant County. On Election Day, there will be three locations in North Richland Hills - City Hall, City Library and Former Bursey Senior Center. A MOTION WAS MADE BY MAYOR PRO TEM ORR, SECONDED BY ASSOCIATE MAYOR PRO TEM WRIGHT OUJESKY TO APPROVE RESOLUTION NO. 2022-009. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council did not convene into Executive Session. H. INFORMATION AND REPORTS January 24, 2022 City Council Meeting Minutes Page 8 of 9 H.1 ANNOUNCEMENTS Deputy Mayor Pro Tern Compton made the following 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 - Brian Beaudette, Jeff Blalock, and Cole Belew, 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." I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7.52 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer January 24, 2022 City Council Meeting Minutes Page 9 of 9 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 14, 2022 SUBJECT: Authorize the purchase of three (3) police equipped motorcycles from Longhorn Harley-Davidson, using a BuyBoard Cooperative Contract in the combined amount of$123,357.64. PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: City Council is being asked to authorize the purchase of three (3) Harley-Davidson police equipped motorcycles using BuyBoard Cooperative Contract No. 601-19, in the combined amount of$123,357.64. GENERAL DESCRIPTION: Longhorn Harley-Davidson has submitted current quotes based on the BuyBoard Contract No. 601-19. The combined total for these three (3) police equipped motorcycles is $123,357.64 Staff is recommending purchasing two (2) of the police equipped motorcycles ($82,238.43) through the Fiscal Year 2021-2022 approved Fleet Operating Budget. One (1) of the police equipped motorcycles will be purchased using funding made available to the City through the (ARPA) American Rescue Plan Act ($41,119.21). The City of North Richland Hills is a member of several inter-local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives, which satisfies state law requiring the City to solicit competitive bids. The City has a long- standing beneficial business relationship with Longhorn Harley-Davidson. RECOMMENDATION: Authorize the purchase of three (3) police equipped motorcycles from Longhorn Harley- Davidson, using a BuyBoard Cooperative Contract in the combined amount of $123,357.64. ID P.O.Box 400,Austin,Texas 78767 00.695.2919•$nfr'o@buyboard.co -buyboarrl.com PuBo�ard November 1, 2021 Sent via email to: motorofficer lon hornhd.com David Magers Longhorn Harley-Davidson 2830 West 1-20 Grand Prairie,TX 75052 Re: Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts, and Service Labor BuyBoard Contract 601-19 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts, and Service Labor, Contract 601-19, for which the current term is set to expire November 30, 2021. At this time, the BuyBoard is renewing your contract through November 30, 2022. This will be the final renewal of this contract. All discounts,terms,and conditions of your contract will remain the same. If you agree to this renewal,there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at Hs�a.r)iaraden tasb.or� prior to the start of the renewal term. If you have questions or comments concerning this renewal, please contact me as soon as possible at lisa.maraden �t„asb uor .We appreciate your interest in The Local Government Purchasing Cooperative. 11 Sincerely, Al� Lisa Maraden Contract Administrator final renewal v.02.13.2020 Endorsed by ' TASAYP ' D P.O.Box 400,Austin,Texas 78767 AVBoard 00.695.2919®info@buyboard®com®buyboard.com November 5, 2020 Sent via email to: motorofficer( Ion horn hd.com David Magers Longhorn Harley-Davidson 2830 West 1-20 Grand Prairie TX 75052 Re: Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts, and Service Labor BuyBoard Contract 601-19 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts, and Service Labor, Contract 601-19 effective December 1, 2019 through November 30, 2020 with two possible one-year renewals. At this time. the BuyBoard is renewing your contract through November 30 2021 All discounts,terms,and conditions of your contract will remain the same. If you agree to this renewal,there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at lisa.margd,pngslb,,c:�g„ prior to the start of the renewal term. Reminder: Once a BuyBoard contract is awarded,vendors must generate a minimum of$15,000 annually or they may not be offered a contract renewal. If you have questions or comments concerning this renewal, please contact me as soon as possible at is .maraden etasb.or .We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Lisa Maraden Contract Administrator 111 renewal v.02.13.2020 Endorsed by II ASA eTA A4 " fti f1ti " P 0.Box 400 Austin, IX 78767-0400 00195.2 17/ 512.467 02.22 F°ax.` 0t1.211.5454 buybaar d.rom November 6, 2019 Sent Via Email: motorofficer@longhornhd.com David Magers Longhorn Harley-Davidson 2830 West I-20 Grand Prairie,TX 75052 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Award proposal Name and Number: Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts and Service Labor, Proposal No. 601-19 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard@ contract based on the above-referenced Proposal. The contract is effective 12/1/2019 through 11/30/2020, with two possible one-year renewals.The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 601-19 on the following web-site:www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition,on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards You are advised that receipt of a purchiase order directly from a, Cooperative member is not within the guidelines of the Cooperative.Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, aill purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded vendor a, BuyBoard user id and password will be sent via a-snail 2 to 3 business days prior to the start of your contract. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact CGoperative procuremen f at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 b The Local Government Purchasing _.. ____ .......�... a n�Cooperative is endorsed by the Texas Association of ryf School Boards 4 texas Municipal League, Texas Association of Counties,and the Texas Association of School Administrators. � ��u�roE�,u6 wa�w«ammq m�auauni�`Y"u^a„5 4^ ro4, Po�`�;i�„u•,�rorr �R�9N9�0?Y P,� rYV,Pi Ada ti,*iwu flAuN'sc��o November 6,2019 Sent Via Email: motorofficer@longhornhd.com David Magers Longhorn Harley-Davidson 2830 West I-20 Grand Prairie,TX 75052 Welcome to BuyBoard! e: Notice of National Purchasing Cooperative Piggy-Back Award Proposal Name and Number: Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts and Service Labor, Proposal No. 601-19 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 12/1/2019 through 11/30/2020,with two possible one-year renewals. The National Cooperative membership list is available at our website wwwA.buyboa[d.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. "therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will he sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact o erative prro urr nt Btaff at BtI - -2 Sincerely, .m Arturo Salinas Department Director, Cooperative Procurement v.6.5 P 1� 1 �ll9�la�Jl�rnrG/al�inu��^�'o PO.Box 400 Austin, Texas 78767-0400' 800.695,2919•buyboard.com F oard 12007 Research Boulevard "Austin,Texas 78759-2439• PH: 800-695-2919 • FAX:800-211-5454• buybpgrd.com PROPOSERr S AGREEM�EN'T AND SIGNATURE Proposal Narne Vehicles, Heavy Duty Trucks, 6�ro o 1 due C1ate/O rri cr ate and°i irne: Police Motorcycles, Parts, and Service Labor August 1, 2019 at 4:00 PM (Location roposal0penjn : Texas Association of School Boards,Inc. BuyBoard Department Prosal Iurber: 601-19 12007 Research Blvd. Austin,TX 78759 Ailtitcioated C000erative oard'IMeeti ra, ID te: Contract Time, Period: December 1,2019 October 2019 through November 30, 2020 with two(2)possible one-year renewals. Longhorn r yi06/04/2019 Name of Proposing Company Date . I2830 __..,._w. Street Address Signat r af..Auth" zed y Official Grand r ' vi r City, State,Zip Printed Name of Authorized Company Offiiciai 972-935-6904 Police Fleet Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 202250822 Fax Number of Authorized Company Official Federal ID Number Page 9 of 161 Proposal Forms COMM/secs v.os.15.2o19 oard W p r tl a Purchasing 12007 Research Boulevard `Austin,Texas 78759-2439• PH:800-695-2919` FAX: 800-211-5454 °buyboard.com The proposing company("you"or"your') hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications,and line items(collectively"Requirements'; 2. By your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4� If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements(unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate,and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 10 of 161 Proposal Forms COMM/SVCS v.05.15.2019 ard Ducapperativepurehas'log 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH:800-695-2919 • FAX: 800-211-5454 'buyboard,com VEN9Q&CqNjAUjNfQKMAMN Name of Company: Longhorn Harley-Davidson Vendor Proposal/Contract Contact Name: avid Lagers_--- __ Vendor Proposal/Contract Contact E-mail Address: motorofficer@longhornhd.com Vendor Contact Mailing Address for Proposal/Contract Notices: Longhorn Harley-Davidson 0 W. 1- 0 Grand Prairie Texas 02 Company Website: .longhornhd.COm Puirch s Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: [] I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: motorofficer@longhornhd.com Purchase Order Contact: David Magers Phone: 9 2® -6 04 Alternate Purchase Order E-mail Address: chris@lo-nghornhd.com Alternate Purchase Order Contact: Chris Calhoon Phone. 972-988®1 903 [] Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. eouest for Ouotes rR : Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: motorofficer@longhornhd.com RFQ Contact: Davidd Ma Ors Phone: 97 -935-6 0 .. ..._ Alternate RFQ E-mail Address: chris@longhornhd.com Alternate RFQ Contact: .Chris Calhoon phone: 97 -988-190 Page I I of 161 Proposal Forms COMMISVCS v.05.15.2019 oard w Cooperative Purchasing 12007 Research Boulevard.Austin,Texas 78759-2439• PH: 800-695-2919• FAX: 800-211-5454 •b_uyboard.com I s: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address,contact and e-mail information for receipt of service fee invoices and related communications: Please choose _onjy_one_j1j of the following options for receipt of invoices and provide the requested information: Service fee invoices and related communications should be provided directly to my company at: Invoice Mailings address: 830 W. 1-20 Department: Billing City: Grand Prairie State: exec zip Code., 75052 ContactName: Diana Phone: 7 -988-1903 Invoice Fax: InvoiceE-mail Address: diana@longhornhd.com Alternative Invoice E-mail Address: billing@longho,rnhd.com In lieu of my company,I request and authorize all service fee invoices to be provided directly to the following billing agent**: Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact lame: Phone: Billing Agent Fax: Billing AgentE-mail Address: Alternative Billing Agent E-mail Address: ❑ in lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealer(s) receiving the purchase order(s) to which the invoiced service fees relate at the address and contact information designated on my company's Dealer Designation form as provided to the Cooperative administrator.** *If Vendor authorizes a billing agent or Designated Dealer(s) to recelve and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including,but not limited to,payment of all service fees under any Contract awarded Vendor. Page 12 of 161 Proposal Forms COMM/SVC5 v.05.15.2019 DUCnaperative urch tags 12007 Research Boulevard •Austin,Texas 78759-2439 • PH:800-695-2919- PAX:800-211-5454•buvboard.c:orrl l�Btc�fi� N ' tON �sCf� u�t Subsection(a)of'Section 44.034 of the Texas Education Code(Notification of Criminals History of Contractor) states:"A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check()/)one of the following: El My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) K My company is not owned or operated by anyone who has been convicted of a felony. El My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s):_ ........_ Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Longhorn Harley-Davidson -----__-----__—Company Name . David lUlager � . - Signs ure of Au d Company Official Printed Name BARIMd'16T ERTIPI 109 Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549,"Debarment and Suspension,"as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Longhorn Harley-Davidson Company Name �, ....v., ..pm... m._ avid Magers Si ure of ut ac mpany Official Printed Name Page 13 of 161 Proposal Forms COMM/SVCS v.05.15.2019 PFCooperative Purchasing 12007 Research Boulevard•Austin,Texas 78759-2439 ' PH,800-695-2919° FAX: 800-211-5454•buyboard.com RESIDENT/NONRESIDENT CERTIFICAT Chapter 2252, Subchapter A, of the Texas Govemment Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute,a"resident"proposer is a person whose principal place of business Is in Texas, Including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident"proposer is a person who is not a Texas resident. Please indicate the status of your company as a"resident" proposer or a"nonresident"proposer under these definitions. Please check!i/)one of the fbllowinp: ❑ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer,you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name ^ Address city State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or ®/o EMPLOYMENTVENDOR - T Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district: must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (1) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check(d)one of the following: ❑ Yes fl PLNo By signature below, I certify that the information in Sections 1 (ResidentjNonresident Certification) and 2 (Vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name ... ............ Signature of Authorized Company Official Printed Name Page 14 of 161 Proposal Forms COMM/SVCS v.05.15.2019 a oard 'eeperati a Purchasmo 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • I Loird.(,o[P CERTIFICATION-NO ISRAEL BOYCOTT Effective September 1, 2017, as amended effective May 7, 2019 (HA 793), a Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship)that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEX.Gov`r CODE Ch. 2270). Accordingly,this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TF.x.GWr CODE§808.001(i). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Harley-Davids _. Company Name David Magers- Si a of Au zed Company Official Printed Name ... -. Note: If REP does not wish to make this certification,return the blank form in lieu of completed certification. Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization v specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Longhorn ri y- vi Company Name David r Signa „ o ed Company Official Printed Name Page 15 of 161 Proposal Forms COMMJSVCS v.05.15.2019 w oard Cooperafive Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH:800-695-2919" FAX:800-211-5454 bu�ordxorn HisTORICALLY UNDER—U—T—IL—I-Z—E—D--B—us—l—N—Ess CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB"} is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check fA all that apply: Ej I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business Women Owned Business El Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2),who has a service-connected disability as defined by 38 U.S.C. § 101(16),and who has a disability rating of 20%or more as determined by the U.S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Longhorn Harley-Davidson Company Name David Magers Printed Name '10 ..Signature of A oldiz C pany Official Page 16 of 161 Proposal Forms COMMISVCS v.05.15.2019 ard DUCROpperqative Purchasing 12007 Research Boulevard•Austin,Texas 78759-2439•PH: 800-695-2919.FAX: 800-211-5454• :b QXd.coqi CON511RUCTION-RELATEco GOODS AND SERVICEs AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard.As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory`), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative.Wi s BUy oa,rd contract does not include such services.Architecture or engineering services must be procured by a Cooperative member separately, in accordance with, the Professional Servkes Procurement Act(Chapter S4 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at b oard.com)fl0endgY(R ur s aso�c, provides an overview of certain legal requirements that are potentially relevant to a Cooperative members procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon requesL By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goads or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member"s purchase order for construction-related goods or services,whichever comes first. Company Name Signature of Authorized Company Official Printed Name Date Page 17 of 161 Proposal Forms COMMISVCS v.05.15.2019 ard PvCooperatl Pdrahaslng 12007 Research Boulevard 'Austin,Texas 78759-2439 , PH: 800-695-2919 1 FAX: 800-211-5454,buyboard.com D EVIATIQ N,,,.,A,N,D,,,COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check(-V)one of the following: [0:1 No; Deviations El YeS�; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING 1NF0aRMAT_10N: 1. Shipping Via. OM Common Carrier 9 Company Truck El Prepaid and Add to Invoice ❑Other: 2. Payment Terms: [1I Net 30 days El 10/6 in 10/Net30 days 00ther: 3. Number of Days for Delivery: 90 ARO 4. Vendor Reference/Quote Number: 060419-1 5. State your return policy: Special Order No Return . 6. Are electronic payments acceptable? EffiYes [:1 No 7.Are credit card payments acceptable? E]Yes [:1 No Longhorn Harley-Davidson_ Nam Company N m---'4 -- David Mage.rs Signature of A t Printed Name Page 18 of 161 Proposal Forms COMM/SVCS v.05.15.2019 Coup native Purchasino 12007 Research Boulevard ®Austin,Texas 78759-2439, PH: 800-695-2919, FAX: 800-211-5454"buy hgardcom LoCATION /AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Maverick Harley-Davidson Company Name 1845 N. 1-35 E ............ Address Carrollton Texas 75006 City State Zip 972-935-6904 Phone Number Fax Number David Magers Contact Person Company Name Address City State Zip ................... Phone Number Fax Number Contact Person Page 19 of 161 Proposal Forms COMM/SVCS v.05.15.2019 oard CooperativePurchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH:800-695-2919 ' FAX: 800-211-5454•buboard„corn x If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers'l to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for,nonpayment of service fees. If awarded,Vendor authorizes the Cooperative, in its sole discretion,to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer,and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Longhorn Harley-Davidson Designated Dealer Name 830 W. 1- 0 Designated Dealer Address _ Grand Prairie Texas 75052 City State zip 972-935- 90 Phone Number _ Fax Number motoro is r Ion hornh .com 202250822 Email address Designated Dealer Tax ID Number* (*attach -9) David Magers Designated Dealer Contact Person Longhorn Harley-Davidson Your Company Name ignatyre o thoriz Company Official Page 20 of 161 Proposal Forms COMM/SVCS v.05.15.2014 a rrrai"1 d�"�rr ��1 12007 Research Boulevard`Austin,Texas 78759-2439• PH:800-695-2919` FAX:800-211-5454`b board.com JEXAS REG1QNAL,,ri5ERYICETI The Cooperative(referred to as"Texas Cooperative"in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide,you rmurst,indlcate the specific regions you will service on this form. Ifyou propose to serve diffrent regions for different products or services Included In your proposal,you must complete and submit a separate Teams Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorI ed and willing to provide the proposed products and services In those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or,if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members(i.e.,if you will service only states other than Texas),you must so indicate on this form. Regional Educa ion Service Centers I will service Texas Cooperative members i statewide. yEl I will not Service Texas Cooperative wtive mermbers statewide. I will only Mqw,� service members!nil the i - '`' reg loins checked below-.obelow-.1 �� ron ead u o . �i 1 Edinburg ❑ 2 Corpus Christi l p. ❑ 3 Victoria iw t �t 4 Houston C3 6 Huntsville l 'a i< � ,;; ❑ 7 Kilgore f�"' r ❑ 8 Mount Pleasant � i Wichita Falls - - 10 Richardson ``l ❑ 11 Fort Worth 12 Waco 13 13 Austin 1314 Abilene 0 15 San Angelo 13 16 Amarillo Longhorn Harley-Davidson ❑ 17 Lubbock 13 18 Midland Company e ❑ 19 El Paso " - C3 20 San Antonio §gnaturg of uthoried ny Official David MgrR ❑ I will not service members Printed Name of the Texas Cooperative. Page 21 of 161 Proposal Forms COMMISVCS v.05.15.2019 Ca ard 12007 Research Boulevard•Austin,Texas 78759-2439 ' PH: 800-695-2919 • FAX: 800-211-5454 °buyboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 22 of 161 Proposal Forms COMM/SVCS v.05.15.2019 D*7 ard a0perative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ° FAX: 800-211-5454®buvboard.com The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) 1f you serve different states for different products or services included In your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services In those states; Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded,termination of your Contract. Please check(2/) all that a Iy:_ ❑ I will service all states in the United States. I will not service all states in the United States. I will service only the states checked below: ❑ Alabama Alaska ❑ Nebraska ❑ Arizona ❑ Nevada Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 &20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota El Florida ❑ Ohio ❑ Georgia 0 Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ® South Carolina ❑ Iowa ( South Dakota ❑ Kansas ❑Tennessee ❑ Kentucky ❑Texas MR Louisiana ❑ Utah ❑ Maine ❑Vermont ❑ Maryland ❑Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 23 of 161 Proposal Forms COMM/SVCS v.05.15.2019 oard Cooperative Purchasing 12007 Research Boulevard,Austin,Texas 78759-2439 • PH:800-695-2919 ' FAX: 800-211-5454 "i�ikawawrw,awom This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Longhorn Harley-Davidson � � ... � .............. .__............71 Company NameDavid @ i" g Signat re of ized Company Official Printed Name I If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 24 of 161 Proposal Forms COMMJSVCS v.05.15.2019 w vard' opr reffve Pur hasin 12007 Research Boulevard I Austin,Texas 78759-2439 ° PH: 800-695-2919 ® FAX: 800-211-5454• ?af ,Pan PURCHASINGNATIONAL In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing:this form, Proposer(referred to in this Agreement as"Vendor")agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative {"Texas Cooperative') awards Vendor a contract under this Proposal Invitation ("Underlying Award"), the National Purchasing Cooperative ("National Cooperative") may- but is not required to -"piggy-back"on or re-award all or a portion of that Underlying Award ("Piggy-Back Award'). By signing this National Cooperative Vendor Award Agreement ("Agreement'), Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator ("BuyBoard Administrator') will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower)competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request,Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, Including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and,conversely,the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms COMM/SVCS v.05.15.2019 Page 25 of 161 Aloard Cooperative Purchasing 12007 Research Boulevard ,Austin,Texas 78759-2439• PH: 800-695-2919 'FAX: 800-211-5454"bear .corn 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria,Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy- Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Longhorn arty-Davidson 601-19 Name of dor Proposal Invitation Number David M ers Ig ture of tho .m :d Company Official Printed Name of Authorized Company Official 06/0 / 019 Date Proposal Forms COMM/SVCS v.0115.2019 Page 26 of 161 DuCooperative Purchasin 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454° b i�YKJ,,,Com FEDERAL AND STATE, PURCHASING C09PERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $2,200,000.00 . (The period of the 12 month period is 0312018._/0312019 ), In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. e s� 1.. Federal General Services Administration � 2.T-PASS(state oPTexas) N 3. U.S. Communities Purchasing Alliance N 4. National IPA/TCPN _ - 5. Houston-Galveston Area Council(HGAQ N 6. National Joint Powers Alliance(NJPA) N 7. E&I Cooperative _..... ... N 8.The Interlocal Purchasing System (TIPS) 9. Other N ❑ MY COMPANY OIES NOT CURRENTLY HAVE ANY OF"THE ABOVE OR SIMILAR TYPE CONTRACTS. _ IBRRENT RI.I"YBOARt V'ENI�ORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount Proposed Discount(%)® _ Ex Ip anation: Proposal Forms COMM/SVCS v.05.15.2019 Page 27 of 161 Ar' ard 49 "epos tive Patches°le 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 'FAX: 800-211-5454,buoard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Longhorn Harley-Davidson Company Name m. , ... �..... a David r Sign ure of or ed Company Official Printed Name Proposal Forms COMM/SWCS v.05.15.2019 Page 28 Of 161 w oard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439` PH:800-695-2919 ° FAX: 800-211-5454• buvboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered,you must supply a minimum of five(5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ En i t Name Contact Phone# Email Address _ Discount Volume- 1.lrving Lt Parson 214-223-5907 mparson@cityofirving.org 10% $429,929.0 Dallas Sgt Rose 14-957-5992 james.rose d.ci. allas. .0 10% 6 ,1 2. FW lnt Airport Sgt Grace 214-664,-1798rac d airpo .co 10% 1: 4.Grand Prairie t Guerra, 972-237-8625 cguerra@gptx.org 10% $225,437. 5.___.. n Angelo Sgt Solsbery 2 - 5 - 1 3 ken.solsbery@sanangelopolice.or, Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts(lower prices)than indicated? YES❑ NO If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Longhorn Harley-Davidson_ Company Name ..... _ Signa re of or d Company Official ®avid Gagers Printed Name Proposal Forms COMM/5VC5 v.05.15.2019 Page 29 of 161 e � oard Cooperative Purchasing 12007 Research Boulevard `Austin,Texas 78759-2439• PH: 800-695-2919 'FAX: 800-211-5454'bu b qard,col11 MARKETING Y erect you must submit the Marketing Strategy or your Proposal to be considered, 9 9Y you will use if the Cooperative accepts all o y �. part of your Proposal. (Example: Explain horn your company will initially inform Cooperative lnernbers of your BuyBoard contract,and how you will continue to support the BuyBoard for the duration of the coontract period) Attach additional pages if necessary. Longhorn Harley-Davidson will launch a direct mail campaign in conjunction wO. and phone campaign to inform Cooperative members about the availability of th to on-site visits from Longhorn Harley-Davidson's in-house Law Enforcement Li; sales manager, David Mgers (himself a current sworn law enforcement officer In addition, Longhorn Harley-Davidson, in conjunction with Harley-Davidson Mo available to interested parties demonstration motorcycles for testing, as well as items and materials (brochures, websites, etc.) for the duration of the proposal, in-house design and consulting for departments looking to start up their first mot Longhorn Harley-Davidson Company Name Signat re ,zed Company official Dyi gers Printed Name Proposal Forms COMM/5VC5 v.05.15.2019 Page 30 of 161 PFCooperativePurchasing 12007 Research Boulevard °Austin,Texas 78759-2439 • PH:800-695-2919 ' FAX:800-211-5454 - buyboard.com CON ! A. ubjr ;isclos w All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seg.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check)one of the following: ,I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded'YES';you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer, acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential/ Proprietary Information: (Attach additional sheets if needed.) Page 31 of 161 Proposal Forms COMM/SVCS v.05.15,2019 ard cooperative Purchasing 12007 Research Boulevard,Austin,Texas 78759-2439 ° PH: 800-695-2919' FAX: 800-211-5454• ii yboard.com B. C ri ht I for ationl Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check()n one of the following , Proposal(including forms,documentation,or other materials submitted with the Proposal)does not contain copyright information. El ', Proposal(including forms,documentation, or other materials submitted with the Proposal)does contain copyright information. If you responded"YES", identify below the specific documents or pages containing copyright information. Copyright Information: . (Atta6 addilfonal sheep if needed.) C.Consent Bel Corticierrtaaf/IProor� /Cowri t Info a i to B rxll BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. hP I o Notwithstanding anything in this sinhdentia l/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Longhorn Harley-Davidson CompanyN e ,.�,. ...�_...._.._._........__._..-,....m__.._ Signat re of A rl ed Company Official ®avid Magers Printed Name 06/0 1 019 Date .. _ Proposal Forms COMM/SVCS v.05.15.2019 Page 32 of 161 DwevopmWtive rchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 'buyboard.com VENDOR B,USINEss NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name oF'proposing Company: LH® Partners (list the Lggal name of the company seeking to contract with the Cooperative. Do Qj/ist an assumed name,dba,aka,etc here, 5uoh information may be provided below. if you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals) Please check()n one of the following_ 'C a of usin ss: Individual/Sole Proprietor Corporation Limited Liability Company Partnership Other If other, identify State of Incorporation(if applicable): Texas Federal Employer Identification Number: 202250822 (Vendor must include a completed' cow - form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: if different than the Name of Proposing Company listed above, only valid trade names(dba, aka, etc.)of the Proposing Company may be used and a copy of your Assumed Name certificate(s),ifappilcable,must be attached.) Longhorn Harley-Davidson Proposal Forms COMM/SVCS v.05.15.2019 Page 33 of 161 Request for Taxpayer Give Form to the (Rev November2017) Identification umiiber and Certification requester.Do not DeparimentoftheTreasury send the IRS. uniiemal Revenue Service ►Go to www.1rs gov1FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. LHD Partners,LP 2 Business nametr isregarded entity name,if different from above Longhorn Harley-Davidson 3 Check appropriate box for federal tax classification of the person whose name is entered on fine 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not indMiluals;see a instructions on page 3): c ® individuallsole proprietor or ElC Corporal4an ❑El S Corporation ❑ Partnership Truwastate m single•member LLC Exempt payee code(if any) ® e 0 ❑ Limited I'biiiuty company.Enter the tax classification(C=C corpora" S S corporation,P=Partnership)► 0 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting m LLC if the U-C is classified as a single-member ILC that is disregarded from the owner unless the owner of the LLC is code(if any) z another LLC that is not disregarded from the owner for U.S"federal tax purposes.Otherwise,a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(see instructions)► s to 8=MMft tea• us) 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(apt" ® 2830 West 120 6 City.state,and!ZIP code Grand Prairie,Texas,75052 7 List account number(s)here(optional) Taxpayer bdetltilloation IWtlrnkaer(TIN Enter your TIN in the appropriate box.The TIN provided must match the name given on lime 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a _ resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — entities,it is your employer identification number(EIN).If you do not have a number,see Now to get a TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. M2O - 2 2 5 0 8 2 2 Certification Under penalties of perjury,I certify that 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me):and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the internal Revenue Service(IRS)that I am subject to backup withholding as a result of a fhllure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above 9 you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement ORA),and generally,payments other than interest and dividends, are not required to sign the certification,but you must provide your correct 11N.See the instructions)for Part II,later. Sign Signature of Here U.S.person► fate► CCNC�I"I •Form 1099-DIV(dividends,including those from stocks or mutual GeneralIn funds) Section references are to the Internal Revenue Code unless otherwise -Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments -Form 1099-8(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.goviFormW9. ■Form 1099-S(proceeds from real estate transactions) Purpose ose of Form -Form 1099-K(merchant card and third parry network transactions) An individual or entity(Form W-9 requester)who is required to file an -Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number MN)which may be your social security number -Form 1099-C(canceled debt) (SSN),individual taxpayer identification number OTIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number Use Form W-9 only it you are a U.S.person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN. amount reportable on an information return.Examples of information returns include,but are not limited to,the following. If you do not return Font W-9 to the requester with a 77N,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.11-2017) ard Co ratIve Dwope 0 PatehasIng 12007 Research Boulevard °Austin,Texas 78759-2439 PH: 800-595-2919'FAX: 800-211-5454'bar r gnI EDGAR I (2 CIFIR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws,regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the"Uniform Guidance"or new"EDGAR'). All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendors authorized representative complete and Initial the applicable boxes and sign the acknowledgment at the end of this form. if you fall to complete any item in this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as 'WO,"the Vendor is unable or unwilling to comply. A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1.. Vendor Violation or Breach of Contract Terms: Contracts for more than the Simplified Acquisition Threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated In accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendors return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms COMM/SVCS v.05.15.2019 Page 34 of 161 oard w"Operative' pArr aasiag 12007 Research Boulevard°Austin,Texas 78759-2439- PH:800-695-2919.FAX:800-211-5454`b a� ,� rel,e ,rn 3. Equal Employment Opportuni Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as arnended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR Part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition,Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at dg l. ov. Vendor agrees that, for any purchase to which this requirement applies,the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland"Anti-Kickback"Act(40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States'). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. S. Contract Work Hours and,Safety Standards Act: Where applicable,for all Cooperative member contracts or purchases in excess of$100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act,Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours In the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Hinder a+Con ct or Agreement: If the Cooperative member's Federal award meets the definition of"funding agreement" under 37 CFR 401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performaunce or experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms COMM/SVCS v.05.15.2019 Page 35 of 161 Dard Cooperative Purchasiay 12007 Research Boulevard .Austin,Texas 78759-2439, PH:800-695-2919 ' FAX: 800-211-5454 •buXboard.com 7. Clean Air Act and Federal Water Pollution Control)Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.)and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or,regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment(31 USC 1352) Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress In connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with,the Byrd Anti-Lobbying Amendment(31 USC 1352). 10. Procurement of RecoveredMaterials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. IProfit as a Separate Element of Price For purchases using federal funds in excess of the Simplified Acquisition Threshold,a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms COMM/SVCS v.05.15.2019 Page 36 of 161 q oard Cooperative Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 • PH: 800-695-2919° FAX:800-211-5154 *buyboard.com 12. General Compliance and Cooperation with Cooperative embers: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Vendor Certification: YES, I agree or Vendor Certification Item No. NO I do NOT a ree Initial 1. Vendor Violation or Breach of Contract Terms Yes __... 2. Termination for Cause or Convenience Yes 3. Equal Employment Opportunity Yes 4. Davis-Bacon Act Yes A-G, _-. 5. Contract Work Hours and Safety Standards Act Yes 6. Right to Inventions Made Under a Contract or Agreement Yes 7. Clean Air Act and Federal Water Pollution Control Act Yes 8. Debarment and Suspension Yes _. .................._..... .�. f 9. Byrd Anti-Lobbying Amendment Yes 10. Procurement of Recovered Materials Yes w% `tom ._.... 11. Profit as a Separate Element of Price Yes (I 12. General Compliance and Cooperation with Cooperative Members Yes By signature below, I certify that the information in this forth is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Longhorn Harley-Davidson Company Name Signature f Company Official ®avid Magers Printed Name Proposal Forms COMM/SVCS v.05.15.2019 Page 37 of 161 oard' wooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439• PH:800-695-2919 • FAX: 800-211-5454 • buvboard.com PROPOSAL y The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work'} under the BuyBoard contract contemplated by this Proposal Invitation ("Contract"). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List.the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. 0 Years not for sale 2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. David Magers Police Fleet Account Manager has overseen this program for year and is a current Texas Police Motor Officer since 2003. Currently service 50 departments with PD revenue of in excess of $7,000,000.00 over the last 13 months. 3. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor, party by name and relationship to or position with your firm. _Longhorn Harley-Davidson is in a strong financial status. Total revenue last year was ,000,000.00. No bankruptcy, or debtor. Proposal Forms COMM/S/CS v.05.]5.2019 Page 38 of 161 a oard cooperative Pvrchasinrg 12007 Research Boulevard ' Austin,Texas 78759-2439 ' PH: 800-695-2919 • FAX:800..211-5451 • buyboard.eom 4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. N® 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. None 6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firms past_or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. None By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. Longhorn Harley-Davidson Company Nam Signat a riz Co any Official Proposal Forms COMM/SVCS v.05.15.2019 Page 39 of 161 oalrd Coaperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439• PH: 800-695-2919• FAX: 800-211-5454 • buvboard.com REOUIRED FoRms CHECKLIST (Please check(J)the following) Completed: Proposer's Agreement and Signature Completed: Vendor Contact Information Completed: Felony Conviction Disclosure and Debarment Certification Completed: Resident/!Nonresident Certification Completed: No Israel Boycott Certification Com 1p eted: No Excluded Nation or Foreign Terrorist Organization Certification [ Completed: Historically Underutilized Business (HUB) Certification) Completed: Construction Related Goods and Services Affirmation Completed: Deviation/Compliance Completed: Location/Authorized Seller Listings [ Completed: Manufacturer Dealer Designation Com feted: Texas Regional Service Designation Completed: State Service Designation Completed: National Purchasing Cooperative Vendor Award Agreement Completed: Federal and State/Purchasing Cooperative Experience Completed: Governmental References Completed: Marketing Strategy ` [� Completed: Confidential/Proprietary Information Completed.:Vendor Business (Name with IRS Fol-m -9 [� Completed: EDGAR Vendor Certification [ :pMpleted: Proposal Invitation Questionnaire [� Completed: Required Forms Checklist Completed: Proposal Specification Form with Catalogs/Price list, Manufacturer Authorization Letters, Franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles,Applicable Dealer License and Vehicle Options List *Catalops/Pricelists must be submitted with proposal response or response will not be considered. Proposal Forms CQMM/S/CS v.05.15.2019 Page 40 of 161 Cae,mNrt t� � Proposal Invitation No.601-19-Vehicles,Heavy Duty Trucks, Police Motorcycles,Parts and Service Labor (Manufacturer specification sheets and options pricelist must be submitted with proposal,') car.e.. $ ��a•. -0 rr r� }='i .di t %' rv� � ",l'��r t...r'• � r�o41 +i i�' ,x 2e :�_.e t _ NOTE 2:An awarded Vendor must be approved by the manufacturer to sell,install,and service the brand of equipment submitted.Proposers responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions in which equipment may be sold. NOTE 3:Proposers responding to this Proposal Invitation must submit their franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles,Manufacturer certificate from Texas Department of Motor Vehicles or,if vendor proposes to serve states outside of the State of Texas,the applicable dealer iicense(s)far such state(s). Section I:Police Mot orc cles-BMW Specified Base Model Price Item Brand and (inclusive of all vehicle fees State Brand and Vehicle options and No. Model Vehicle Type _ Fuli Description . , EXCEPT delivery fee) Mode) Equipment Options may be selected by the Cooperative member at the time of BMW R120DRT Police Motorcycle-1170 cc flat twin order.Vendors must submit all 345 BMW BMW R12ORT engine,6 speed gearbox and shaft drive,equipped with manufacturer upgrade options for Police Motorcycle standard police equipment. this model including alternative fuel equipment(CNG,LPG,Hybrid,etc.) on a separate sheet per Section 11 of this proposal. Section I.I:F!olice Mo#or ties-Haile Davidson Options may be selected by the Cooperative member at the time of Harley-Davidson Harley-Davidson Road King FLHP Police Motorcycle °�7 7 V order.Vendors must submit ail 346 Harley-Davidson Road King FLHP w/Fork Mounted Windshield-1868 cc OHV 114 CID,six t this model in upgrade al erntioptions far thispmentm[CNG,ngalternative etc.) uel Pollee Motorcycle speed transmission,Wet 10 Plate Hydraulic Clutch. equipment(CNG,LPG,Hybrid,etC.} on a separate sheet per Section II of this proposal. PROPOSAL NOTE 1.Manufacturer specification sheets and upgrade options pricelist PROPOSAL SPECIFICATION FORM are required to be submitted with proposal Page 125 of 161 Proposal Invitation No.601-19-Vehicles,Heavy Duty Trucks, Police Motorcycles,Parts and Service Labor (Manufacturer specification sheets and options pricelist must be submitted with proposal,') Specified Base Model Price Item Brand and (inclusive of all vehicle fees State Brand and Vehicle Options and No. Model Vehicle Type Full Description EXCEPT delivery fee) Model Equipment Options may be selected by the Cooperative member at the time of Harley�Davidson order.Veridors must submit all . Harley-Davidson Electra Glide FLHTP Police 1$ 424 manufacturer upgrade 347 Harley-Davidson Electra Glide Motorcycle w/Fork Mounted Fairing1868 cc OHV 114 ' di ode optionsrtivfor y FLHTP Police � a this model including alternative fuel Motorcycle CID,six speed transmission,wet 10 Plate Hydraulic Clutch. equipment(CNG,LPG,Hybrid,etc.) an a separate sheet per Section Il of this proposal. Section III Police Moto Iles-Honda pect le Base Model Price Item Brand and (indusive°ralivehclereees StateBrandand Vehicle Options and No. Model Vehicle Type Full Description EXCEPT delivery fee) Model Equipment Options may be selected by the Cooperative member at the time of order.Vendors must submit all Honda ST1300 PA Honda ST1300 PA Police Motorcycle-1261 ee DOHC 90 manufacturer upgrade options for 348 Honda Police Motorcycle V4 engine,equipped with standard police equipment. this model including alternative fuel equipment(CNG,LPG,Hybrid,etc.) on a separate sheet per section II of this ro sat. Section Iy:Police Motorcycles OPTIONS and EQUIPMENT-Options may be selected by the Cooperative member at the time of order.Vendors must submit all manufacturer upgrade options for each model proposed including alternative fuel'e Mpm n (arNG,LPG,Hybrid,etc.)an a separate sheet. A COMPLETE LIST OF ALL MANUFACTURER UPGRADE OPTIONS AND EQUIPMENT MUST DE SUBMITTED WITH PI30P5AL FOR.PROPOSAL TO BE CONSIDERED. Specified State Percent(%) Item Product or Short of Discount off State Name of No. Service Description Full Description Catalog/Pricelists Catalog/Pricelist Exceptions to Discount ® ery Discount(%)off Iiarley-Davidson Original Catalog/Pricelist Please state the discount(%)off all Original Equipment q t1 Pans&Accessories 349 Equipment for Original Manufacturer(OEM)Options. Manuracturerspecification I y % Manufacturer Equipment sheets and upgrade options catalog/pricelist MUST be included or (OEM)Options Manufacturer proposal will not be considered. (OEM)Options PROPOSAL NOTE 1.Manufacturer specification sheets and upgrade options pricelist PROPOSAL SPECIFICATION FORM are required to be submitted with proposal Page 126 of 161 Wiftard' Proposal invitation No.601-19-Vehicles,Heavy Duty Trucks,Police Motorcycles,Parts and Service Labor (Manufacturer specification sheets and options pricalist must be submitted with proposaLl) Item[ Specified State Percent(0/6) Product or Short of Discount off State Name of Service �0 No. Description Full Description. Catalog/Pricelist' Catalog/Pricelist Exceptions to Discount -ir Whalen Emergency mergency Discount(%)off Equipment Third Party(not CatalOg/PrIcelist Please state the discount(%)off Third Party(not OEM) OEM)and for Third Party and Unpublished Options,Equipment,and Supplies. 20 350 Unpublished (not OEM)and Third Party(not OEM)specification sheets and upgrade options catalog/pricelist MUST be included or proposal win not be Options Unpublished considered. Options Harley-Davidson Parts&Accessories Original Discount(%)off Please state the discount(%)off catalog/pricelist for all 351 Equipment Catalog/Pricelist Original Equipment Manufacturer(OEM)Parts and 10 0/4 Manufacturer for OEM Parts and Supplies. Catalog/Pricelist MUST be Included or proposal will - (OEM)Parts Supplies not be considered. No Charge Floor Plan and/or Discount(%)off Please state the discount(%)off Floor Plan and/or Lot 0 352 Lot Insurance Floor Plan and/or Insurance(dealer,inventory vehicles,and upfidirig -% Let Insurance vehicles), ............... ...... Extended Service Discount(%)off Please state the discount(%)off Extended Service Extended Service 0 353 Maintenance Maintenance Maintenance Agreements.'catziog/Priceiia mus'r be included or Agreements Agreements. proposal will not be considered. PROPOSAL NOTE 1.manufacturer specification sheets and upgrade options pricelist PROPOSAL SPECIFICATION FORM are required to be submitted with Proposal Page 127 of 161 kBoard' ,-�Z" e Proposal Invitation No.601-19-Vehicles,Heavy Duty Trucks, Police Motorcycles,Parts and Service Labor (Manufacturer specification sheets and options pricelist must be submitted with proposal.') Section V.Police Motor ties Delive Feesan or Rate for Installation and Re air Serviceuerasieu Information on Specified Hourly Labor Exceptions to Hourly Item Product or Short Hourly Labor Rate Rate and Labor Rate and Delivery No. Service -Description Full Descriation - and Delivery Fee Delivezy Fee Fee First,200 miles Not to Exceed included free. Vehicle Hourly Labor Rate Hourly Labor Rate for Vehicle Installation or Repair 03 354 installation or for Vehicle Service-State the NoLtq_Exceed hourly labor rate for $ Repair Service Installation or Installation or Repair Service. Repair Service First 200 miles included free. Not to Exceed Hourly Labor Rate for Paint and Body Repair-State Paint and Body Hourly Libor Rate 103 355 the NQt to Exceed hourly labor rate for Paint and Body $ .:�Hour Repair for Paint and Body Repair. Repair . ...... First 200 miles included free. Per Mile Delivery Per Mile Delivery Fee for Vehicles,Trucks,or Police Fee for vehicles 0.58 356 Delivery Fee " Motorcycles-State the Mot to Exceed per mile delivery __/mile Trucks,or Police fee for Vehicles. Motorcycles ----------- ............... _PROPOSAL NOTE 1.Manufacturer specification sheets and upgrade options pricelist PROPOSAL SPECIFICATION FORM are required to be submitted with Proposal Page 128 of 161 D wCappemlive Pwrhasing 12007 Research Boulevard•Austin,Texas 78759-2439- PH: 800-695-2919 ° FAX:800-211-5454•vi W4 t yt Ord& l,11 THE LOCAL OVIE E T' U S 'f 'VE AIDDENoum Proposal unv Lion I o. -19 ildes, HeavV Duty °r o .s,. Police Motorcycles,, Parts, and ServiceLabor The following modifications are made to the above referenced Proposal Invitation and shall become a permanent part of the Proposal Invitation document: I. pnoal Invitat n Forms;Vendor Core Information. On the Vendor Contact Information form, Lq3L9jM the third included option for Vendors to authorize service fee invoices to be providers to Designated Dealers receiving purchase orders is deleted!. Vendors must either accept invoices directly or designate one billing agent for receipt of service fee invoices. Vendors will no longer be permitted to have invoices directed to Designated Dealers. Therefore, when completing the Vendor Contact Information form, IIIvoi section,Vendor may only select and complete either the first option ("Service fee invoices and related communications should be provided directly to my company ...") or second option CIn lieu of my company,I request and authorize all service fee invoices to be provided directly to the following billing agent...fi). H. General Terms and Conditions,Section E.12.Service Fee. Section E.12 of the General Terms and Conditions(Service Fee)is revised to read as follows: 12. Seti' e Fee Vendor must pay the Cooperative the service fee specified in this Proposal Invitation and, unless this Proposal Invitation provides otherwise,the service fee is included in the awarded pricing. Except as otherwise provided in this section E.12, Vendor must remit the service fee to the Cooperative in Austin, Texas,within 30 days of the date of each service fee invoice. Service fees shall be deemed incurred on the date of Vendor's receipt of payment for products or services by the Cooperative member. To the extent that a Vendor disputes any service fee listed in an invoice, including but not limited to assertions that the purchase on which the fee is based has yet to be delivered or paid (e.g. special orders), was canceled by the Cooperative member, or is a duplicate purchase order, the Vendor must notify the Cooperative of the dispute in writing no later n he 20"'dgy Mfter the oci inal invoice (Dispute Period)by returning a copy of the Invoice or statement of outstanding balances to the Cooperative with each disputed item marked and the basis for dispute provided. To the extent that the disputed service fees have been paid by Vendor, any request for a refund must be provided to the Cooperative in writing, with supporting documentation, no later than the last day of the Dispute Period. Vendor agrees to cooperate, and require any Vendor Designated Dealer(s) and billing agent to cooperate,with the Cooperative in attempting to reconcile and resolve disputed fees, and shall provide such reasonable information ,and documentation as the Cooperative may require to review the disputed fees to the satisfaction of the Cooperative administrator's staff. Any service fees for which the Cooperative has not received a notice of dispute or request for refund within the Dispute Period as set forth herein shall be deemed conclusively due and owing and no longer subject to dispute or claim for refund. Unpaid service fees will be subject to collection in accordance with the Cooperative's Board Policy, COOP-852,Vendor Invoicing and Collections. A Vendor may designate a billing agent to receive Cooperative service fee invoices on Vendor's behalf. Such designation must be made in writing by an authorized representative of Vendor and properly submitted to the Cooperative's administrator in such form as the Cooperative's administrator may reasonably require. However, in so doing,Vendor acknowledges and agrees that such designation shall be for Vendor's convenience only and Vendor Addendum No. 1,Proposal Imitation 601-19 Page 1 of 2 oard Wcooperative ng 12007 Research Boulevard•Austin,Texas 78759-2439•ill:800- 95-2919 'FAX:800-211-5454•ww a rd. shall remain responsible for all obligations under the Contract, including payment of service fees, and shall remain subject to all remedies for default in payment thereof. Vendor agrees to provide the Cooperative with copies of all Purchase Orders generated by or under the Contract that are received directly from Cooperative members, or such o0w documentation regarding those Purchase Orders as the Cooperative's administrator may require in its reasonable.discretiom Additionally, the Cooperative has the right, upon reasonable written notice, to review Vendor's records pertaining to purchases under the Contract with Cooperative members to verify purchase history and the accuracy of service fees payable from Vendor. Please sign and return one copy of this addendum with your proposal as verification of your receipt and compliance with the information contained in this addendum. Company(lame:. Longhorn Harley-Davidson Address; 2830 West 1-20 Grandr 1ri Signature of Authorized W-0 Fleet Manager Company Official: True: Telephone Dumber: 972-935-69104 Date: 8129/2019 Addendum No.1,Proposal Invitation 601-19 Page 2 of 2 ard Cooperative ParchasIng 12007 Research Boulevard ®Austin,Texas 78759-2439 - PH: 800-695-2919' FAX:800-211-5454•www.buyboard.com THE LOCAL OV E TPURCHASING COOPERATIVE Proposal Invitation No. 601-19 Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts,, and Service Labor The following modifications are made to the above referenced Proposal Invitation and shall become a permanent part of the Proposal Invitation document: P—ROPOSSAL SPE C"IFICATION FORM(S) For the following manufacturers, the detailed specifications for base model vehicles/trucks have been added, revised and/or updated. 1. Autocar Trucks/Vehicles® Proposal specifications have been revised to include line item 4A with specified model listed below. Section I:AtJtocar"Vehicles Specified Brand item and Vehicle se del PriceVehicle {inclusive of all vehicle S rand Optionsand No. Model a Full' escrl tlon fees ExcEprdelive fee and Model nl ,Went Options may be selected by the Cooperative member at the time of order. Autocar DC64 _Cab and vendors must Autocar chassis, Conventional Cab, submit all DC64 Cab Cummins L9 300 HP with manufacturer 4A Autocar and Chassis, Allison 3000 Series, 5 speed $ upgrade options for this model Conventional transmission, complete with including Cab manufacturer's standard alternative fuel equipment. equipment(CNG, LPG,Hybrid,etc.) on a separate sheet per Section II of this proposal. 2. M its bush!Tracks/ Vehicles—Proposal specifications for line items 281 to 289 have been revised as follows. a. Line Items 281-285: DOHC 4-cylinder turbocharged intercooled diesel engine is deleted and a lac:etl with diesel engine only. b. Line Items_286®289: DOHC 4-cylinder turbocharged gas engine is deleted anid re laced with 6.OL V8 gas engine with 297 HP. Addendum No.2,Proposal Invitation 601-19 Page 1 of 2 DwCouperative Purchasing 12007 Research Boulevard *Austin,Texas 78759-2439 * PH: 800-695-2919.FAX:800-211-5454•www.buyboard.com 3. Police Motorcycles - Proposal specifications have been revised to include line item 348A with specified model listed below. 8 i n Ponce oto cl -Yarn Specified Brand BaseModel PriceVehicle Item and Vehicle (inclusive of all vehicle flees State Brand Options and No. _Model. :.Pe Full Des!jrjp n ExcEPT ggiveff feeL andModel i meht Options may be selected by the Cooperative member Yamaha �R9 P at the time of order. Vendors must submit Yamaha Police Motorcycle® 1298 all manufacturer FJR1300 P cc, liquid-cooled, DOHC upgrade options for 348A Yamaha Police inline 4 cylinder, 16 valve $ this model including Motorcycle engine,equipped with alternative fuel equipment(CNda, standard police equipment. LPG,Hybrid,etc.)on a separate sheet per Section II of this ro osal. PROP SAL D �UE DATE 1. The proposal due date has been extended to Au ust 29, 20191, at 00 P.M. Please sign and return one copy of this addendum with your proposal as verification of your receipt and compliance with the information contained in this addendum. Company Name: Longhorn Cl V# So Address: 2830 West 1-20 GrandC IC# Q 52 Signature of Authorized ,, Fleet Manager Company Official: Title: Telephone Number: - 35-6904_ Date: , , V 19 Addendum No.2,Proposal Invitation 601-19 Page 2 of 2 loarld Cosparativo Purchasing 12007 Research Boulevard,Austin,Texas 78759-2439• PH:800-695-2919• FAX:800-211-5454•KOM hu oard,com THE LOCAL GOVERNMENT PURCHASING COOPERATIVE ADDENDUm NIo. Proposal Invitation No. 1-1 Vehicles, Heavy Duty Trucks, Pollice Motorcycles, Part's,and Service Labor The following modifications are made to the above referenced Proposal Invitation and shall become a permanent part of the Proposal Invitation document: P S CIFIC i For the following manufacturer,the detailed specifications for base model vehicles/trucks have been added. 1. Freightl'iner Sprinter Trucks/Vehicles — Proposal specifications have been added and issued with the specified models listed below. Please sign and return one copy of this addendum with your proposal as verification of your receipt and compliance with the information contained in this addendum. Company Name: Longhorn Address: 2830 West 1-20 Grand Prairie Signature of Authorized 6 Fleet Manager Company Official: Title: Telephone Number: 3 ®ate: 8I , '01 Addendum No.3,Proposal Invitakion 601-19 Page 1 of 4 Proposal Invitation No.601-19-Vehicles,Heavy Duty Trucks,police Motorcydes,Parts and Service Labor (Manuractrer specirkaWn Sheets and Options pritefist mush be submitted wKh proposal.') i": r.� •. m � .:� ^e �.. .., . m gm� ,. �� o-��u w��=: w w ., . a� a �. , .,�.,:. ax � � Mn.'" ��'W a z A p ."Y., N m A" o .N VI i• 9' p w tl� & W M An awarded Vendor must be approved by the manufacturer to sdlW irrstpld and Service tl x brand of equipment submitted.Proposers re aorWitng to this,Prop s rel Trivitaiion should submit an approval letter rrorn each mamluWaoturer. Manufadiotr authorwAlon hows roust it tuude the regions in which equipment may be soK franchise Motor vetikle deafer Certificate from Texas Department of Motor Vehlclles.Man darer certif6rcate from Texas Department of Motor Vehil es or,if vendor rooposes to serve states,outside of the State of"texas,the apphcahte dleaier idi e(s)fat such state(s). Specified battle"n"PH M 106Q nQ Short - godivave W v iewrail �ru „�, r a ii, Ibt , ' Ind -� ion � � FM c�� :,<. options maybe sWecWd bydae cooperative mendw at the time of Freightiiner'Splinter C 500-144"BBC,8550 GVWP, orb.vexdors mud subd as Automatic transmission,2.1 I-4 engine,conventional tab, ur rade opft s for 410 Freightliner Sprinter C2500 t� Nd tandem axle,complete with all manufacturer's standard eqA—t(�ire.HY100,�) equipment on a separate slmd pa Sedion II of tlus I Options may be se1KWd by the arose time of Frets Wrier Sprintxr C350 01-144'B i,99N Mat, order VenclamnetstsibriAtan 411 Freightliner Sprinter C35t�7 Automatic transmission,2.1 I-4 engine,conventionalrat, $ for tandem axle,complete with all manufacturer's standard this model leduding a u ment equipment(CHG.tm6 ,etc) eq on a separate died per section n of this proposal. Options may be by de Freight!iner Sprinter 350�0 C/C-144'BBC,11,030 Co order. Vendors at duetirr�ot «der.V most "al GVWR,Automatic transmission,2.1 I-4 engine,conventional manufacturer for 412 Freightliner Sprinter 3500 CIC cab,tandem axle,tom with all manufacturer's standard $ r I equipment J.M Hybrid, equipment. ar a sear tee n) ofdds 1.Manufacturer spedfiration sheets and upgrade options priest PROPOSAL SPIECIFICATION FORK are required to be submmed v6th Proposal Page 2 of 4 0 Proposal Invitation No. 01-19-Vehicies, Leavy Duty Trucks,police Motorcycles,Parts and Service Labor (Manufacturer specification sheets and options pricelist must be submitted with proposal.') specified Base Model Prig Item Bound and Short (irirlusive Ball vehicle fees State8mridand Vehicle Options and No. Model Description Full Description ' EXCEP`r delivery fee) Model E, ul ment Options may be selected by the Frei htlinerS Sprinter P2500 Passenger -141"BBC Cooperative memberattheUll of g P 9 r order.Vendors must submit all Sprinter P2500 8550 GVWR,Automatic transmission,2.1 I-4 engine, $ manufacturer upgrade options for 413 Freightliner passenger Ilan conventional cab,tandem axle,complete with all this model including alternative fuel manufacturer's standard equipment. equipment(CNG,LPG,Hybrid,etc.) on a separate sheet per Section 11 of this proposal. s Freightliner Sprinter Model Vehides OPTIONS and Ef, U IPMENT-Options may be selected by the Cooperative member at the time of order.Vendors must submit all manufacturer upgrade options for each model proposed including alternative fuel equipment(CNG,LPG,Hybrid,etc.)on a separate sheet. A COMPLETE LIST OF ALL MANUFACTUER UPGRADE OPTIONS AND UIPMENT MUST BE SUBMITTED WUH PROPOSAL fOR PROPOSAL TO.BE CONSIDERED. 5padfied State Percent(%) Item Product or Short of Discount off state Name of No. Service ;Pion N11 Oescrip lion io /Pricell'st' Catalo Pri list Ex onstoDiscount Discount(%)off Original Ca41og/pricelist for Please stake the discount(%)offal[Original Equipment Equipment Manufacturer(OEM)Options. Manufacturer specification o/® 414 Manufacturer Original Equipment sheets and upgrade options catalog/pricelist MUST be Included or (OEM)Options (OEM)Manufacturer ioproposal will not be considered. (OEM)Options Discount(%)off Third Party(not Catalog/Pricelist for Please state the discount(%)off Third Party(not OEM) OEM)and Third Party(not and Unpublished Options and Equipment. Third Party 415 Unpublished OEM)and (not OEM)specification sheets and upgrade options Options Unpublished catalog/pricelist MUST be included or proposal will not be considered. Options Original Discount(%)off Please state the discount(%)off catalog/pricelist for all 416 Equipment Catalog/pricelist for Original Equipment Manufacturer(OEM)Parts. °10 Manufacturer catalog/Pricelist MUST be included or proposal wilt not be (OEM)Parts OEM Parts considered. EN29saf.QIE 1.Manufacturer specification sheets and upgrade options pricelist PROPOSAL SPECIFICATION FORM are required to be submitted with Proposal Page 3 of 4 Wftard' Proposal Invitation No.601-1 -Vehicles,Heavy Duty Trucks, Police Motorcycles,Parts and Service Labor (Manufacturer specification sheets and options pricelist must be submitted with proposal.') Specified State Percent Item Productor short ofDiscoUntoff Staft Marne of o, service DeScriplion Fu11 DescH tton 1 /f rir ilsti + ataio �Pricelist FaE i!!! ns to Discount Floor Plan and/or Discount(%)off Please state the discount(%)off Floor Plan and/or Lot 417 Lot Insurance Floor Plan and/or Insurance(dealer inventory vehicles and upfitting vehicles). % Lot Insurance Extended Service Discount(%)off Please state the discount(Ole)off Extended Service 418 Maintenance Extended Service Maintenance Agreements.catalog/PrkellA MUST be Agreements Maintenance included or proposal will not be considered. Agreements. Pro] htllner5 rintet Model Veihjgg Delive and Labor Rate for Instal otion and Re lr rvioe (led Information on specified Hourly Labor Exceptions toHourly Item Product or short Hourly Labor Rate Rate and Delivery Labor Rate and Delivery No. Service Description Full flan —and Delivery Fee Fee Not to Exceed Vehicle Hourly Labor Rate Hourly Labor Rate for Vehicle Installation or Repair 419 Installation or for Vehicle Service-State the NpLt9_EXMd hourly labor rate for $ /Hour Repair Service Installation or Installation or Repair Service. Repair Service Not to Exceed Hourly Labor Rate for Paint and Body Repair-State 420 Paint and Body Hourly Labor Rate the ff2Lk_kXgWA hourly labor rate for Paint and Body $ /Hour Repair for Paint and Body Repair. Repair Per Mile Delivery Fee for Vehicles, Per Mile Delivery Fee for Vehicles,Heavy Duty Trucks, 421 Delivery Fee Heavy Duty or Police Motorcycles-State the ff9tSt*_Pd per mile Trucks,or Police delivery fee for Vehicles. Motorcycles —up"SEM.1- 1.Manufacturer specification sheets and upgrade options pricelist PROPOSAL sP€errrcaTION FORM are required to be submitted with Proposal Page 4 of 4 Harley-Davidson Motor Company 3700 West Juneau MOO..PO Box 653,Mdpwaukee,WI 53201 Julyl 9,2019 Longhorn Harley-Davidson Dealer# 1961 locateed in Grand Prairie,TX is a factory authorized Harley-Davidson dealership.They are authorized to sell,service and distribute Harley-Davidson Motorcycles,Parts,Accessories, General Merchandise and Licensed Products in the to of Texas.They are also authorized to perfon-n and admirdster warranty claims for Harley-Davidson products. If you have any ftuther questons or need further chnification,please feel free to contact me directly at 414-397- 9244. NS 4cei.ely Robert ley Harley-Davidson Motor Company Police and Fleet Sales Robert.Grimsley@,Harley-Davidson.com CC is email:Mr. George Petropoulos/Harley-Davidson Motor Company Vendor Name Longhorn Harley-Davidson Contact David Magers Phone Number 9729356904 Email motorofficer@longhornhd.com ebsite www.longhornhd.com Federal ID 20-2250822 Accepts RFQs Yes Address Line 1 2830 West 1-20 Vendor City Grand Prairie Vendor Zip 75052 Vendor State TX Vendor Country USA Delivery Days 90 Freight Terms FOB Destination Payment Terms Net 30 days Shipping Terms Pre-paid and added to invoice Ship Via Common Carrier Is Designated Dealer No EDGAR Forms Received Yes Service-Disabled Veteran Owned No Minority Owned No Women Owned No Is National Yes No Excluded Foreign Terrorist Orgs Yes No Israel Boycott Certificate Yes Is M BE No Regions Served All Texas Regions States Served Arkansas, Louisiana, Oklahoma, Texas Contract Name Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts, and Service Labor Contract# 601-19 Effective Date 12/01/2019 Expiration Date 11/30/2022 Service Fee Note Vehicle purchase orders are subject to a $400 service fee Quote Reference Number 060419-1 Return Policy Special order no return 12/22/2021 10:14 AM Additional Dealers Maverick Harley-Davidson, Carrollton, TX 12/22/2021 10:14 AM '�uawuur C^ MINK � . BUYBOARD CONTRACT#601-19 City of North Richland Hills 6110 Dick Fisher Drive West North Richland Hills,TX 76180 HARLEY-DAVIDSON POLICE MOTORCYCLES Three(3) 2022 Harley-Davidson Police Equipped Motorcycles 01/05/2022 INVOICE#010522-1 Payment Due 30 Days from Delivery Motorcycle: $17,778 2022 Harley-Davidson Police FLHP Road King 114 Security Included (Setup, Shipping,VIF, State Inspection & Doc Fee Included) $695.00 Two Tone Luxury Blue Pearl with Brilliant Silver Panel Silver Pinstripe 553 $1,729.00 60 Month Extended Warranty Police (POLICE ESP) Motorcycle Total$20,202.00 Emergency Equipment: $2,515.52 Harley-Davidson Screaming Eagle Milwaukee-Eight 114 Engine Upgrade Kit—Stage 11 Torque: $1030.00 Labor $166.45 29400246A SE High Flow-Filter $269,95 41000008C SE Pro Street Tuner $404.95 92500047 Stage 11 Torque Cam $5.27 25566-06 Sprocket Retention Kit $8.95 25928-06 TC96 Spacer Kit $629.95 1801-1075 S&S Performance Muffler Thruster CHROME W/ BLACK END CAP $263.65 1 Harley-Davidson Heated Grip Airflow Black hard wire 56100342 $31.46 1 Harley-Davidson Heated Grip Wiring Kit 69201599A $476.95 1 Harley-Davidson Boom Amp and Speakers Road King Police 76000636 Page 1 of 4 $26951 Harley-Davidson SAE 2-PintoUSB Adapter 6B2U1149 $269.951 Harley-Davidson Saddlebag Guard Rails 9O2OO561 $2G8.9S1 Harley-Davidson [oo0ow Fan 268OO121 Road King Police $1S211 Harley-Davidson Right side K4idhame Air Deflector 57ZOO151 $199.9615oftQrake Rear Brake Chrome 5B-014'P+1 $78.951Soft8roke Clutch Lever(one-inch reduced reach) $289.95 1 Utopia Products Inc—Police Bike Backrest Coil-over Shock Seat UTPRPOLICE $15O.001 Blue Line Seat Cover 185-TBL $58.4S1 Harley-Davidson Chrome Tie Down Brackets Road King 93GO0}O6 $17O.951 Harley-Davidson LED Front Turn Signals Smoke 678OU375 $17O.9S1 Harley-Davidson LED Rear Turn Signals Smoke68127-lO $764.951 Harley-Davidson LED Daymaker Adaptive Head Lamp 6770O4Z6A $17.951 Harley-Davidson Headlight Wiring Harness IOO1'1264 $1S2.9S1 Brake Light LED Smoke 67800356 $G8l.6O1VVhe|enSA3S0K4HSpeaker $Q32O1VVhe|enSA3SOK1BI Speaker Bracket $5G4.351 Harley-Davidson Siren Amp 76OOD853 $53.95I Harley-Davidson Siren Amp Bracket 6920]697 $1O.6O1 Harley-Davidson JUMPER PLUG cunstontpowertofrnnt lighting 68437'99 $7l8O1VVhe|enULF44 LED Flasher—Flash White onTP $1169.1D1 Harley-Davidson Police Tour-Pak Carrier System Black, Pre Drilled 53OOO712DH $9O.951 Harley-Davidson Tour-Pak carrier mounting adaptor plate 53196-09 $80.43 1 Harley-Davidson Tour-Pak carrier wiring harness adaptor kit 68000137 $7D8.263 Harley-Davidson TR|PLE5TACKUGHTHEAD, MULTICOLOR (RED/RLUE/VVHiTE) 68OOO277 $5S42J4 Harley-Davidson MEGA-THIN L|GHTHEAD, MULTICOLOR (RED/DLUE/VVH|TE) G8O0OJO6 $97.5O2 Harley-Davidson L|GHTHEAD SPUTTER 692O1O92 $125.951 Harley-Davidson Top Box Battery 659Q9-97E $3O.4O1MZKTHD1VVhe|en license plate mounting bracket for K42 series Li8htheads $3OO.8O2K42JVVhe|en series LED R/8 Split K42 license plate mounted Page 2of4 $39IOOZM4JVVhdenR/B Split W14UBhthead (Rear Bag Rail) $59.2O3T0NHDRSVVhe|en Rear Crash Bar Mounting Kit for K84 $3S202T[RBHD1VVhe|en Tracer Under Bag Side Mount $692.8O2TCRHT1VVhe|en Tracer ThoRC8Unde/ Ba85ide $89.6O2T|ONHDSSVVhe|en Side Saddle Bag Mounting Kit for use with 30N"°T-Seriex"° Li8htheads $S2D.004TL|ZJVVhe|en0N"°T-Series"° DUO= Color, R/B Side Bag Mounted $227.2O2TL|RVVhe|en ION"° T-8erhea= Red Side Bag Mounted Center Hooked to Turn Signal $543.20 1 K807TM]2 VVhe|en Windshield Array Road King BBRR ION'"T-Se/ies New for 18' $2OO.0J1FDFP11RRVVhe|en4" Extended LED drive/warn K/[(front par3G emergency lights) $2OO.001FDFP11BRVVhe|en4" Extended LED drive/warn 8/[(front par36 emergency lights) $41.60 2 IONHD2FM Whelen Road King Fork Mounting Kit for use with 1 Surface Mount ION $Z448D10NSV3RCVVhe|en ION V Surface Mount Red (Fork Mount Side Chrome) $244�U01|ON6V38CVVhe|en ION V Surface Mount Blue (Fork Mount Side Chrome) $26.401T|ONHDHK4VVhe|en Road KingwUnder Headlight Mounting Kit for use with 1 ION Tr, T-5eries`" $113.5OlTL|[VVhe|en ION`mT-5erieS`° Clear(Under Headlight Forward) $324.991 Full Set of Motorcycle Drop Guards 3I6L BLACK DGZ016 $39O.001SetcomK8VVH-31 Wireless System connected tn factory HDPTT $795.99 Paint:Top box painted Blue Pearl to match bike paint Side Covers painted Blue Pearl to match bike paint $4,635.00 Labor Emergency Vehicle Equipment installation/Paint Disassembly—Assembly $375.DO Custom Emergency Wiring Harness Parts/Shop Supplies $BG.00Setcom & Drop Guard Shipping Emergency Equipment Total $2O,783.O8 Page 3of4 .QD Total Per Unit $4OO.DOBuy8oard Vehicle Fee Grand Total Three (3) Units$123,357.64 Emergency Equipment Installation is covered by the factory 2yr and extended 3yr facto!y warranty if equipment is purchased from LHD and installed at the time of new bike delivery, Payment Processed Though BuyBoard David K8agers Police&&Fleet Account Manager Longhorn&6 Maverick Harley-Davidson Harley-Davidson Police Advisory Board Member Texas Master Peace Officer&Motor Officer Est 2OD4 972-935-6904 Police Motorcycles Since19DQ LUNG ORN Page 4of4 k4RH NORTH RICHLAND HILLS (APPENDIX H TO THE PURCHASING POLICY AND PROCEDURES MANUAL) CITY OF NORTH RICHLAND HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement("Customer Agreement")is entered into by and between Longhorn Harley-Davidson("Vendor") and the City of North Richland Hills,("Customer"or" thorized Customer"),a Texas government entity,and a Customer authorized to purchase goods or services pursuant to the Agreement between the BuyBoard ('Cooperative Entity") and Vendor, Contract No. 601-19, as amended, (the "Agreement')with an expiration date of 11/30/2022.This Customer Agreement includes and shall be governed by(1)the terms and conditions of the Agreement, which are incorporated herein by reference and available online at https:/Iapp.buyboard.com/ShopNendors/Details?ld=5336-#ContractDocuments or upon request from Vendor,(ili)the attached Vendor Quote/Purchase Order No. n/a, if applicable,and(iii)the Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills Contracts, if applicable,all of which are attached hereto andlor incorporated herein by reference.Authorized Customer is eligible and desires to purchase Vehicles. Heavy Duty Trucks,Police Motorcycles,Parts and Service Labor 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, the Cooperative Entity will only be responsible for services provided to the Cooperative Entity will not be responsible for payments for services provided to the Customer. The Authorized Customer agrees to the terms and conditions of 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 Custorner Agreement shall not exceed $123,357.64("Purchase Price"). Terrin-The Term of this Customer Agreement('Term")shall be for one of the following as selected below(Select the type of contract that applies): N Single Purchase Contract-The Tenn shall not exceed one(1)year,and this Customer Agreement shall be for the purchase of goods or 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. 0 Supply/As Needed Contract-The Term shall be effective as of October 1"and shall expire on September 30"at the end of FY 21-22.This Customer Agreement shall be for multiple purchases of goods or services on an as needed basis,from the same vendor under the same contract,and shall not exceed the budgeted amount for Customer's current fiscal year for the applicable goods and services. 0 Mind-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 riot appropriate sufficient funds to make payments during the current or any subsequent year,the City shall have the right to terminate this Multi-Year Contract at the end of any such fiscal year without penalty. 0 Emergency Purchase-Purchases that are necessary to address a public calamity,because of unforeseen damage to property,or to protect the public health or safety where the City's ability to serve the public would be impaired if the purchase were not made immediately.Emergency purchases must meet the requirements of Local Government Code 252,022,and must be ratified by City Council if the purchase is$50,000 or more, (Government Bider®Select if Vendor has additional terms and conditions that apply to this purchase) 0 Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills, Texas-If this purchase contains additional loons 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 supersede any conflicting terms of the Vendors terms and conditions,and such Government Rider shalt control.The Government Rider is attached hereto,incorporated herein by reference and made a part of this Customer Agreement for all purposes. The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement,bind the respective party, and that the execution and perforrnance of this Customer Agreement has been duly authorized by the respective party.This Customer 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. Each party has caused this Customer Agreement to be executed by its duly authorized representative on this day of 20 [Signature Page Follows] NRH Cooperative Purchase Customer Agreement,Page 1 of 2 CA-CONTRACT NO.PLJR0002 20220107 Vendor Name: ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: LONGHO ARLEY-DAVtASON; APPROVED:I certify that funds are currently available for this purchase. 0 (Check the box if$3,000 or less) Title: e!F�I eelt_U , ger Dat ? By: 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: Aflcla Richardson,City Secretary/Chief Governance Officer By: Traci Henderson,Assistant City Secretary NRH City Council Action: Y 0 N El 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.PUR000220220107 Vendor Name: CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl 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. 2022-836877 Longhorn Harley-Davidson Grand Prairie ,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 01/05/2022 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. 601-19 BuyBoard State Contract Parts, Service, Motorcycles 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only it there is NO Interested Party. r.71 6 UNSWORN DECLARATION My name is David Magers and my date of birth is My address is 2830 W 1-20 Grand Priaire TX 75052 JJ USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas —onthe 05 day of January_2022 (month) (year) Signature of authorized agenVof 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: February 14, 2022 SUBJECT: Authorize City Manager to execute an agreement with StraTact Media Group, LLC for media advertising for NRH2O Family Water Park in an amount not to exceed $225,000. PRESENTER: Frank Perez, NRH2O General Manager SUMMARY: This item seeks Council approval for NRH2O Family Water Park's media expenditures and services for FY2022. GENERAL DESCRIPTION: NRH2O Family Water Park, as a Chemed water park, advertises its services to the general public. To accomplish this, various media channels are used including, but not limited to, radio, television, print, and digital. To ensure the park wisely invests its resources, a professional media buyer is used to design, place, and monitor advertisements. StraTact Media Group, LLC is a very experienced agency that has done successful campaigns with such entities as the Dallas Zoo and Main Event, as well as their previous work with NRH2O. Located in Dallas, Texas, their local knowledge and the relationships they have developed with various media channels will be beneficial to NRH2O's success. Advertising is exempt from the bidding process as contained within the Texas Local Government Code, Title 8, Subtitle A, Chapter 252.022 Purchasing and Contracting Authority of a Municipality. Because the expenditures exceeds $50,000, internal policies require City Council approval. Staff is requesting authorization for an amount not to exceed $225,000 for NRH2O media buys. The amount is currently available in the adopted budget. While NRH2O Family Water Park is owned and operated by the city, the park is primarily funded through revenue generated by the park. RECOMMENDATION: Authorize City Manager to execute an agreement with StraTact Media Group, LLC for media advertising for NRH2O Family Water Park in an amount not to exceed $225,000. straTact media group STATEMENT OF WORK AGREEMENT CITY OF NORTH RICHLAND HILLS NRH20 FAMILY WATER PARK This Statement of or ("SOW') is entered into between the City of North Richland Hills through its NRH20 Family Water Park, having its place of business at 9001 Boulevard 26, North Richland Hills, TX 76180 (hereinafter referred to as "NRH20" or the "City"), and StraTact Media Group LLC, a Texas limited liability corporation, whose business address is P.O. Box 670422, Dallas, TX 75367 (hereafter referred to as "SIVIG"). In consideration of the mutual promises contained herein, and for other good and valuable consideration, the parties hereto agree as follows: 1. Term of SOW: SOW is effective for eight months; February 21, 2022 ("SOW Effective Date") and will be in effect until September 30, 2022. 2. Confidentiality: SMG agrees that it will treat all of its work with NRH20 as confidential. SMG will not disclose any confidential information it gains or becomes privy to regarding NRH20, including but not limited to, NRH20's operations, customers' identity, demographics or any other information about NRH20's business as a result of working with NRH20. SMG will also obtain NRH20's written permission before it includes its name, logo, or any of the work it has done for NRH20 in any public materials. 3. Non-solicitation: Neither party shall attempt toemploy, either directly or indirectly, a present employee of the other party during the performance of this SOW or for a period of 12 months after termination of this SOW. The foregoing does not limit either party's dght to hire an employee who responds to general public solicitations, such as advertisements for employment innewspapers or job fairs. 4. Assignment: This Agreement shall inure to the benefit of and be binding upon either party and its successors and assigns. 5. Fees, Expenses, Invoices and Payment for Advertising: a. Fees: NRH20 will pay SMG a monthly fee of$3,125 for Media Planning and Buying Services (Total of $25,000 represents approximately 294 man hours at /hour; Note: normal hourly rate is$100). Monthly invoice will be issued to NRH20 at the end of each month of service and is payable within 30 days. b. Invoices: Media will be pre-billed one month prior to insertion dates (e.g., June insertions will be billed in May). SMG will submit invoices, as warranted, by activities undertaken by SMG during a given period. Invoices shall include descriptions of all Media Buys, including the amounts paid to, or retained by, SMG as its Commission, approved by NRH20 and implemented since the previous invoice. c. Payments: i. NRH20 will pay SMG the amounts charged to SMG by media vendors for purchases authorized by NRH20 ("Media Buys"). SMG may obtain discounts on NRH20's behalf and will pass those discounts on to NRH20. ii. NRH20 shall pay invoices for Media within thirty (30) calendar days following receipt of the corresponding invoice reflecting all activities undertaken by SMG on behalf of NRH20 during the invoice period. NRH20 shall review each invoice upon receipt. In the event that NRH20 questions the validity of a charge, payment for only that portion under question may be delayed without penalty, provided NRH20 expresses its concern in writing or via email within thirty (30) days of the to of invoice. 1 stra I�act media group STATEMENT OF WORK AGREEMENT CITY OF NORTH RICHLAND HILLS NRH20 FAMILY WATER PARK 6. Cancellation Policies a) NRH20 may cancel this SOW by giving SMG thirty (30) days notice in writing. Any charges (e.g., short-rates) that may be incurred due to cancellations will be passed on to NRH20 for payment. 7. Description of Services: a) Initial immersion • Plan n i ng/negotiati ng/stewards h i p of contractual agreements in collaboration with NRH20. Projected media budget is TBD. • Confirm CY 2022 objectives/goals/strategies; confirm types of promotions/added-value initiatives to be pursued • Confirm total media budget; review marketing calendar and any new"news" to be supported with media/promotional dollars • Maintain a working relationship with assigned Creative Contact to ensure objectives/deliverables are maintained b) Media Planning: • Quantitative/qualitative analyses of available media opportunities of target audience residing in Tarrant county (final target geography priorities TBD) and based on the following: • Total audience data • Target audience coverage/com position • Target audience cost efficiencies • Third party audience data (where available. NOTE: in the event out-of-pocket dollars are required for third party resources, SMG will pass the expense onto NRH20 with prior approvals) • Relevant environments • over of key events/seasonality • Added-value and promotional opportunities as communication extensions • Strategic media approach and rationale for media vehicles recommended, as well as, media considered, but not recommended • Negotiations for all recommended media (rates and added-value/promotional elements) • Flowchart • Budget summary • Deliverable/timeline calendar for media and creative c) Media Negotiations/Execution: • Upon Client authorization, finalize all media negotiations and added-value/promotional elements • Issue Client ATBs (authorization to buy) for Client signature/approval • Issue contracts/insertion orders to approved media partners • Set up templates for reporting d) Media Stewardship/Accounting: • Secure proof of performance for all purchased media by month • Monitor and track; update budget recaps/flowchart on an ongoing basis • Issue invoices for purchased media on the 1 st of each month to Client by medium/media vendor; NOTE: frequency of invoicing can be refined based on Client's needs (for example, pre-bill approved total media dollars) and reconcile each month • Review/approve all media invoices, address any discrepancies; secure make- goods/credits, as warranted and process payments to media partners upon receipt of Client payment • Issue monthly reports recapping actuals versus original purchased by medium 2 straTact media group STATEMENT OF WORK AGREEMENT CITY OF NORTH RICHLAND HILLS NRH20 FAMILY WATER PARK • Maintain relationships with all media vendors/partners • Inform Client of any new opportunities and changes in the marketplace on an ongoing basis 8. Non-appropriation of Funds: In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify SMG of such occurrence and this SOW shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have already been appropriated. 9. Indemnification: Release of Liabq!bfLSMG SHALL RELEASE FROM LIABILITY, INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE LIABILITY OR EXPENSE FOR DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF SMG OR SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR OR OMISSION IN THE PERFORMANCE OF THIS SOW. SMG SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES, OR ANY OF THEM, RESULTING FROM SUCH NEGLIGENT ACT, ERROR OR OMISSION; AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM SUCH NEGLIGENT, ERROR OR OMISSION. 10. Inde endent Contractor: SMG shall perform all work and services hereunder as an independent Contractor and not as an officer, agent ore l of the City. SMG shall have exclusive control of and the exclusive right to control,the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the SMG, its agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the SMG. 11. Prohibition of Assignment: Neither party hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 12. Choice of Lawl,Venu : This SOW shall be construed in accordance with the laws of the State of Texas. 5h_ould any action, at law or in equity, arise out of the to herein, exclusive venue for said action shall be in Tarrant County, Texas. 13. f2Egj_Mij2RMLNeither party shall liable for failure to perform its obligations under this SOW if the performance is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, 3 straTact media group STATEMENT OF WORK AGREEMENT CITY OF NORTH RICHLAND HILLS NRH20 FAMILY WATER PARK regulations, or interferences; fires; strikes; lockouts; epidemics; pandernics, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. SMG shall provide the services and deliverables in accordance with the to and provisions contained in this SOW. This SOW is made and entered into by both parties as of the SOW Effective Date CITY OF NORTH RICHLAND HILLS StraTact Media Group LLC NRH20 FAMILY WATER PARK By: By: —7' ana Doll Mark Hindman Print IN me: Jana Doll City Manager Title: Principal ATTEST: Alicia Richardson, City Secretary/Chief Governance Officer N R H Council Action Y / N Date Approved Agenda No Ord/ Res No APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney 4 CERTIFICATE INTERESTED T FORM 1 295 1 tuf t. ornplete Nose 1-4 and 6 it there are interested pardes. OFFICE Complete Nuys,1,2,3,5„and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing ,and thecity,state of the business ®s lace Certificate Number: of business. 2022- 3785 STRATACT MEDIA GROUP LLC DALLAS,TX United States Date Filed: 2 �! a of g ernrrten eruUty or to ency t at is a p to the contract for iic a is 01/07/2022 being filed, City of North Richland Hilly and its N H2G Family Water Park Date Acknoviledged. Provide the identification number used by the governmental entity or state agency to track or identft the contract,and providea description of the services,goods,or other property to be provided under the N H2O MEDIA Media planning d buying for NRH20 Family Water Park 4 Nature of interest Name of interested Party City, lace of business) (check applicable) Controllingj intermediary STRATA CT MEDIA GROUP t.LG DALLAS,TX United States 5 Check only if there is NO Interested UN SWORN DECLARATION y name is ,a�� ...mm .�.� .... ... and my date or birth is. .....� . Icy address is �.. �� .... _� (street) (City) ( f) (Ap ) (rr' ) I declare under penalty of perjury that the foregoing is true and wrrect. Executed iu°a °' urutym State of, on th day or 20 � . NMY otary V ��102,1 nature of authorized agentcontracting� � a " a 2 r g g business entity Forms provided by Tex ' thiCommission .ethi .state.tx.tu5 `version Vf..1.19lb5c c � . IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 14, 2022 SUBJECT: Consider Resolution No. 2022-010, approving a Memorandum of Understanding with the City of Fort Worth for the FY2021 Edward Byrne Memorial Justice Assistance Grant Formula Program Award. PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: The U.S. Department of Justice Bureau of Justice Assistance notified the Police Department that grant funds were allocated to assist in funding law enforcement programs under the FY2021 Byrne Justice Assistance Grant program. To facilitate implementation, a Memorandum of Understanding (MOU) must be approved between the City of Fort Worth and the City of North Richland Hills. GENERAL DESCRIPTION: To receive the grant funds, the Bureau of Justice Assistance has required the City of North Richland Hills and the City of Fort Worth to approve an MOU to facilitate effective implementation in compliance with statutory, administrative, and other included requirements pertaining to administration, procurement, and reporting required under the grant. Under the terms of the FY2021 MOU, the City of North Richland Hills will receive $7,765.00. The Police Department plans to use the proceeds of this grant award to purchase three (3) Automated License Plate Reader (ALPR) cameras in an attempt to locate violent criminals that may have used vehicles to commit violent crimes. There is no requirement for a cash match under the terms of the Byrne Justice Assistance Grant program. RECOMMENDATION: Consider Resolution No. 2022-010, approving a Memorandum of Understanding with the City of Fort Worth for the FY2021 Edward Byrne Memorial Justice Assistance Grant Formula Program Award. RESOLUTION NO. 2021-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF FORT WORTH, FOR THE FY2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FORMULA PROGRAM AWARD WHEREAS, the North Richland Hills Police Department and the City of Fort Worth have tentatively approved a Memorandum of Understanding (MOU) to facilitate effective implementation in compliance with the Department of Justice program requirements of allocated funds awarded under the 2021 Byrne Justice Assistance Grant Program; and WHEREAS, the City of North Richland Hills, Texas finds that the performance of this MOU is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this MOU; and 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 MOU providing for the equitable disbursement of allocated funds awarded under the 2021 Byrne Justice Assistance Grant Program; and to make appointments for the conduct of business relative to allocation. SECTION 3. 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 4. The City Council of the City of North Richland Hills agrees that loss or misuse of FY2021 Edward Byrne Memorial Justice Assistance Grant Formula Program Award allocation funds or failure to comply with all funding requirements may result in suspension or termination of award funds, the repayment of award funds, and/or other remedies available by law. Resolution No. 2022-010 Page 1 of 2 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 Council of the City of North Richland Hills in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED this 14t" day of February, 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. 2022-010 Page 2 of 2 Memorandum of Understanding Between the City of Fort Worth, TX and the City of North Richland Hills, TX FY 2021 Justice Assistance Grant 1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort Worth, Texas ("Recipient") and the city of North Richland Hills, Texas ("Subrecipient"). 2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities under the U.S. Department of Justice("DOJ"), Bureau of Justice Assistance,Fiscal Year 2021 Byrne Justice Assistance Grant(Grant). 3. PURPOSE. The purpose of this MOU is to enhance the working relationship between the parties in order to facilitate effective implementation of the Grant, in compliance with the DOJ Program requirements. A portion of grant funds awarded under the Grant has been allocated to secure grant funding for the Tarrant County Mental Health Law Liaison Program as outlined in the Grant agreement title "Memorandum of Understanding Between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and County of Tarrant, Texas." In addition to those grant funds, once awarded, grant funds in the amount of $7,765.00 shall provide funding for the patrol Officers of the city of North Richland Hills Police Department to purchase automated license plate recognition (ALPR) cameras or similar in an attempt to locate violent criminals that may have used vehicles to commit violent crimes as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated by reference as part of this MOU. 4. RESPONSIBILITIES: A. Recipient: 1) The Recipient is the cognizant fiscal agency of the Grant Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the Grant is awarded, the Recipient shall facilitate and manage the grant throughout its lifecycle, as required by the Grant award contract. 3) The Fort Worth Police Department—Financial Management Division—Supplementary Funding Unit(Unit) will oversee the administration,procurement, and reporting of the Subrecipient's grant-funded activities. The Unit shall review, approve, and/or request approval from DOJ for any written requests by Subrecipient to modify the terms of Exhibit A. 4) The Recipient shall reimburse the Subrecipient an amount not to exceed $7,765.00 from available grant funds for approved services and expenses rendered in accordance with the terms of this MOU upon receipt of a proper and verified invoice with satisfactory program accompanying documentation of services provided. The MOU between the City of Fort Worth,TX and North Richland Hills,TX—Fiscal Year 2021 Edward Byrne JAG Page 1 of 9 reimbursement made to the Subrecipient shall not exceed actual costs incurred to provide the services under this MOU. Actual costs, both direct and indirect, must be reasonable and allowable as those terms are defined and explained in the Office of Management and Budget, as codified under 2 CFR Chapter I, Chapter II, Part 200. B. Subrecipient: 1) Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the Grant. The collaboration is to last throughout the life of the Grant. 2) Meet all statutory, administrative, and other included requirements pertaining to administration,procurement, and reporting required under the Grant. Requirements to be met include those found in (1) the Office of Management and Budget circulars, (2) the Office of Justice Programs Financial Guidelines, (3) the Grant Assurances, (4) Exhibit A to this MOU, entitled "FY 2021 JAG Budget Narrative", which is incorporated by reference as part of this MOU, and (5) "Exhibit B" to the MOU, entitled "Award Document" which is incorporated by reference as part of this MOU. 3) Maintain full documentation supporting fulfillment of the requirements set forth above. All such documentation shall be furnished to Recipient upon request if necessary for Recipient to fulfill its obligations under the Grant. If this documentation is not maintained and furnished to Recipient on request, Recipient may exercise all remedies available under this MOU, including the right to withhold payment to Subrecipient or terminate this MOU as described herein. 4) Submit "Monthly Performance Report" (PR) to Supplementary Funding Unit, Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115 or email a PDF colored scanned copy of the signed RFR with supporting documents to CPD Grants COortworthtexas.P-ov no later than the 151h calendar day of the month, regardless of level of activity. In addition, the Subrecipient shall submit program updates and other reports requested by the Recipient and DOJ in the appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods records and other programmatic or financial records, books, reports, and supporting documents for review by the Recipient, DOJ, or their authorized representatives. Performance Reports are due to the Recipient no later than the 151h calendar day of the following month. The Performance Report must contain the following information: a) A detailed list of all projects or activities for which the Grant funds were expended or obligated during the previous month, including: (1) The name of project or activity; (2) A description of project or activity; and (3) An evaluation of the completion status of the project or activity. 5) Submit"Monthly Request for Reimbursement" (RFR) forms and Vendor Report forms with an original signature by an authorized representative to Supplementary Funding MOU between the City of Fort Worth,TX and North Richland Hills,TX—Fiscal Year 2021 Edward Byrne JAG Page 2 of 9 Unit, Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115 or email a PDF colored scanned copy of the signed RFR with supporting documents to CPD Grants COortworthtexas,y no later than the 151h calendar day of the month following expenditures, regardless of level of spending. Reimbursements by the Recipient will not be made until after receipt of an acceptable and approved RFR and Performance Report from the Subrecipient. Reimbursements shall be made within 30 days receipt of said documents. The monthly RFRs and Vendor Report Forms must contain the following information: a. The amount of Grant funds that were expended to projects or activities during the previous month; and b. The amount of Grant funds that were obligated during the previous month. 6) Submit any and all proposed changes to the attached budget to the Recipient prior to any expenditure deviation from approved budget. No expenditures inconsistent with the attached budget shall be made by Subrecipient prior to receiving written approval from Recipient. Failure to obtain pre-approval for deviations from budget may result in a denial of reimbursement. 7) Maintain financial, programmatic, and supporting documents, statistical records, and other records pertinent to claims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end of the federal fiscal year in which services were provided. Such records shall be available to Recipient for investigation, examination and audits as necessary. If any litigation, claim, or audit involving these records begins before the fifth(5)year period expires,the Recipient will notify the Subrecipient of such litigation, claim or audit, and Subrecipient will be responsible for maintaining the records and documents for not less than three (3) years after the final conclusion of all litigation, claims, or audits. Litigation is considered resolved when a final order is issued, or a written agreement is entered into between the DOJ, Recipient and Subrecipient. Audits are considered concluded upon the closure of the audit covering the entire award period. 5. PERFORMANCE. Recipient will monitor and evaluate Subrecipient's performance using the goals and performance standards required in this MOU. Substandard performance as determined by Recipient, including noncompliance with any applicable regulation, will constitute noncompliance with this MOU. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified in writing by Recipient,procedures to suspend or terminate the MOU will be initiated. 6. COMPENSATION. Payment by Recipient to Subrecipient shall require completion of all Recipient forms and copies of adequate supporting documentation verifying eligibility of expenses. Subrecipient will not commingle grant funds with any other funds in any manner that would prevent Recipient from readily identifying expenditures for the FY 2021 Byrne JAG grant MOU between the City of Fort Worth,TX and North Richland Hills,TX—Fiscal Year 2021 Edward Byrne JAG Page 3 of 9 7. SUBRECIPIENT MONITORING AND MANAGEMENT. A. Pursuant to 2 C.F.R. Section 200.331 (Requirements for Pass Through Entities), the following information is applicable to Subrecipient's FY 2021 Byrne JAG Award: (1)Federal Award Identification— 15PBJA-2I-GG-01878-JAGX (2) Subrecipient's Name—North Richland Hills, Texas (3) Subrecipient's unique entity identifier(DUNS)—097-985-824 (4)Federal Award Identification Number(FAIN)— 15PBJA-2I-GG-01878-JAGX (5)Federal Award Date— 10/13/2021 (6) Subaward Period of Performance Start and End Date 10/01/2020—9/30/2024 (7)Amount of Federal Funds obligated by this action- $528,942.00 (8) Total Amount of Federal Funds obligated to the Subrecipient- $7,765.00 (9)Federal award project description—FY21 Justice Assistance Grant Collaboration with Fort Worth, Tarrant County, Haltom City,North Richland Hills, and Arlington. (10) Name of Federal Awarding Agency, Pass-Through Entity — Department of Justice passed through the City of Fort Worth. (11) CFDA Number and Name — 16.738 Edward Byrne Memorial Justice Assistance Program. (12) Identification of whether the award is R&D - This award is not being utilized for research or development. (13) Indirect cost rate for the Federal award -The Subrecipient did not request reimbursement for indirect costs. 8. CERTIFICATIONS. A. Subrecipient hereby assures and certifies that: 1. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victim of Crime Act(42 U.S.C. § 1064(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 701); the Americans with Disabilities Act of 1990 (42 U.S.C. § 1231-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 2. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. MOU between the City of Fort Worth,TX and North Richland Hills,TX—Fiscal Year 2021 Edward Byrne JAG Page 4 of 9 3. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the Subrecipient shall complete and submit Standard Form —LL, "Disclosure of Lobbying Activities," in accordance with its instructions. 4. If any funds have been paid or will be paid to purchase law enforcement equipment, the Subrecipient shall comply with Executive Order 13688 ("Federal Support for Local Law Enforcement Equipment Acquisition"). The term "law enforcement equipment" includes, but is not limited to administrative equipment such as office furniture and computers. It also includes military and military-styled equipment, firearms, tactical vehicles, including property covered under 22 C.F.R. 121 and 15 C.F.R. Part 774. 9. POINTS OF CONTACT A. Recipient The primary point of contact for the Recipient is the Grant Specialist, Supplementary Funding Unit, email address: FWPD-Grants-Programs@fortworthtexas.gov. Monthly RFRs should be submitted, in writing,to the Fort Worth Police Department, 505 West Felix Street,Fort Worth, TX 76115, Attention: Grant Specialist, Supplementary Funding Unit. Performance reports should be submitted by the Project Directors of the aforementioned FY 2021 Byrne Justice Assistance Grant programs in writing to Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention: Grant Specialist, Supplementary Funding Unit. B. Subrecipient The primary point of contact for Subrecipient is Captain Ed Wright, North Richland Hills Police Deparment, telephone number: (817) 427-7003, email address: ewri c&,nrhtx,com, mailing address: 4301 City Point Drive,North Richland Hills, Texas 76180. C. Recipient and Subrecipient Before any item included in an RFR would be denied as unallowable, Recipient agrees to confer with Subrecipient to allow for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. 10. ENTIRETY OF UNDERSTANDING. This MOU, including Exhibits A and B and any documents incorporated specifically herein by reference, constitutes the entire understanding between the parties as to the matters contained herein. Any prior or contemporaneous oral or MOU between the City of Fort Worth,TX and North Richland Hills,TX—Fiscal Year 2021 Edward Byrne JAG Page 5 of 9 written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOU. 11. IMMUNITY. The Parties and their respective governing bodies do not waive their sovereign immunity by entering into this MOU, and each fully retains all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOU. 12. INDEPENDENT CONTRACTOR. The parties to this MOU do not intend to enter into a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities. Recipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 13. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws or regulations or with the directives of the Recipient or Subrecipient. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. Subrecipient agrees that Recipient or its representatives shall, until the expiration of five (5) years after the grant period, have access to and the right to examine any directly pertinent books, documents, papers and have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Recipient shall give Subrecipient reasonable advance notice of intended audits. Recipient shall give Subrecipient reasonable advance notice of intended audits, but not less than ten(10)business days. 14. TERM. This MOU will become effective on the date it is executed by both parties("Effective Date") and will remain in effect until the later of(1) expiration of the grant period or (2) submission of the final report regarding the Grant to the DOJ. 15. MODIFICATION AND AMENDMENT. No amendment, modification, or alteration of the terms of this MOU shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. MOU between the City of Fort Worth,TX and North Richland Hills,TX—Fiscal Year 2021 Edward Byrne JAG Page 6 of 9 16. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, or (2)received by the other party by United States Mail, registered, return receipt requested, addressed as follows: For the City of Fort Worth: For North Richland Hills: Grant Specialist City Manager City of Fort Worth Police Department City of North Richland Hills 505 West Felix Street 4301 City Point Drive Fort Worth, TX 76115 North Richland Hills, TX 76180 17. TERMINATION. It is expressly understood and agreed by and between the parties that this MOU is wholly conditioned upon the actual receipt by Recipient of the Grant; that all monies distributed to Subrecipient hereunder shall be exclusively from Federal funds received under said grant and not from any other monies of Recipient; and if Recipient is notified in writing that such funds are not forthcoming, in whole or in part;, Recipient may, at its sole discretion, terminate with MOU and Recipient shall not be liable for payment for any work or services performed by Subrecipient under or in connection with this MOU. Either party may terminate this MOU at any time, by providing the other party with sixty (60) days' written notice of termination. Recipient may terminate this MOU in the event of Subrecipient default, inability or failure to perform or to comply with any of the terms herein. Termination will be effected by written notice to Subrecipient, specifying the portions of the MOU affected and the effective date of termination. Subrecipient shall be reimbursed for valid, eligible expenditures made prior to termination. Recipient will have no responsibility or liability for Subrecipient's expenditures or actions occurring after the effective date of termination. 18. SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this MOU. This MOU may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. Any signature delivered by a party by facsimile or other electronic transmission (including email transmission of a portable document file (pdf) or similar image) shall be deemed to be an original signature hereto. MOU between the City of Fort Worth,TX and North Richland Hills,TX—Fiscal Year 2021 Edward Byrne JAG Page 7 of 9 [The remainder of this page was intentionally left blank.] MOU between the City of Fort Worth,TX and North Richland Hills,TX—Fiscal Year 2021 Edward Byrne JAG Page 8 of 9 ACCEPTED AND AGREED: ACCEPTED AND AGREED: CITY OF FORT WORTH: CITY OF NORTH RICHLAND HILLS By: By: Jesus Chapa Mark Hindman Assistant City Manager City Manager Date: Date: APPROVAL RECOMMENDED: By: Neil Noakes Chief of Police APPROVED AS TO FORM AND APPROVED AS TO FORM LEGALITY: AND LEGALITY: By: By: Nico Arias Maleshia McGinnis Assistant City Attorney City Attorney City of North Richland Hills Contract Authorization: Date: M&C: Date Approved: ATTEST: ATTEST: By: By: Jannette S. Goodall Alicia Richardson City Secretary City Secretary/Chief Governance Officer City of North Richland Hills Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Angela Miller Grant Specialist MOU between the City of Fort Worth,TX and North Richland Hills,TX—Fiscal Year 2021 Edward Byrne JAG Page 9 of 9 E x hi bi t A Budget N O y N � rr y 7 N Un O ? 7 Q O W bA 'C C111 U N y .. 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Travel $0 $0 $0 D. Equipment $130,153 $0 $130,153 E. Supplies $266,558 $0 $266,558 F. Construction $0 $0 $0 G. Consultants/Contracts $132 235 $0 $132,235 H. Other $0 $0 $0 Total Direct Costs $528,946 $0 $528,946 T. Tndirect Costs $0 $0 $0 TOTAL PROJECT COSTS $528,946 $0 $528,946 Federal Request $528,946 Non-Federal Amount $0 Total Project Cost $528,946 Public Reporting Burden Paperwork Reduction Act Notice: Under the Paperwork Reduction Act, a person is not required to respond to a collection of'information unless it displays a current valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete and file this application is four(4) hours per application If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler,you can write the Office of Justice Programs, Office of the Chief Financial Officer, 810 Seventh Street, NW, Washington, DC 20531; and to the Public Use Reports Project, 1121-0188, Office oflnformation and Regulatory Affairs, Office of'Management and Budget, Washington, DC 20503. Exhibit B Award Document CSC No.56693 Award Letter October 13, 2021 Dear Jesus Chapa, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by FORT WORTH, CITY OF for an award under the funding opportunity entitled 2021 BJA FY 21 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $528,942. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c) (5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA EPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages EPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either(a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b)traditionally used,for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further,for programs relating to methamphetamine laboratory operations,the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see hops:Jwww.bji.gov Funding nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain EPA Coordinator First Name Middle Name Last Name Orbin Terry Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 011 Recipient Information Recipient Name FORT WORTH, CITY OF DUNS Number 782003727 Street 1 Street 2 200 TEXAS STREET City State/U.S. Territory FORT WORTH Texas Zip/Postal Code Country 76102 United States County/Parish Province #Award Details Federal Award Date Award Type 10/13/21 Initial Award Number Supplement Number 15PBJA-21-GG-01 878-JAGX 00 Federal Award Amount Funding Instrument Type $528,942.00 Grant Assistanceiing Number Assistance ListingsTitle 16.738 AuthorityStatutory Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). WS I have read and understand the information presented in this section of the Federal Award Instrument. Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title Awarding Agency 2021 BJA FY 21 Edward Byrne Memorial OJP Justice Assistance Grant (JAG) Program - Program Office Local Solicitation BJA Application Number GRANT13409257 Grant Manager Name Phone Number 202,,,,593,,,,7513 Dawn Hill E-mail Address Dawn.K.Hill@usdoj.gov ........................................................................................................................................................................................................ Project Title Fort Worth Police Department Law Enforcement Programs/Projects Performance Period Performance Period End Start Date Date 10/01/2020 09/30/2024 Budget Period Start Budget Period End Date Date 09/30/2024 10/01/2020 Project Description The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. I have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Im1 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2021 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. M2 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) - - (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of"Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant- funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. M3 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2019, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2019, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 'Q4 Safe policing and law enforcement subrecipients If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification process. To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency's use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency's use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO. IQ5 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. M6 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOX) may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or-unenforceable, such provision shall be deemed severable from this award. M7 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under a-CFR "current" data. IM8 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. log Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Im10 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 'o11 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 'Q12 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 9M13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 'Q14 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 9M15 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 'Q16 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financiaiguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 'Q17 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 1018 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2021) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https://ojp.gov/funding/Explore/FY2lAppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJR IM19 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list. 'Q20 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. '021 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. M22 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. M23 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. M24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 'Q25 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first- tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). '026 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJ P. M27 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. M28 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct- Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. '029 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of- project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 'Q30 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. M31 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of$30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). M32 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). M33 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. M34 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. M35 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. M36 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 'Q37 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 'Q38 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 9M39 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. '040 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). M41 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of$650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 'Q42 "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOX) for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review. The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here. 'M43 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 'Q44 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. M45 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. M46 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bj ape rformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 'Q47 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 'Q48 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. '049 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2020 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. ,Q50 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). u......oad More rI I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Name of Approving Official Signed Date And Time „ Deputy Assistant Attorney Maureen Henneberg 9/16/21 3:31 PM General Authorized Representative Declaration and Certification Entity Acceptance Title of Authorized Entity Official Deputy City Manager Name of Authorized Entity Official Jesus Chapa Signed Date And Time 10/27/2021 4:45 PM ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Jesus J. Chapa Deputy City Manager Date: Nov 19,2021 APPROVAL RECOMMENDED: By: 7 �h t,r Neil Noakes Chief of Police Date: Nov 19,2021 APPROVED AS TO FORM AND LEGALITY: By: Taylor Paris Assistant City Attorney Contract Authorization: M&C: 21-0529 Date Approved: 8/3/2021_ ATTEST: n By: ` O.�o, 1.x o� Ronald P. Gonzales Acting City Secretary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Angela Miller Angela Miller Grants Specialist MRH C7&TH KIC"HLr'.ND HILL COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 14, 2022 SUBJECT: Consider Resolution No. 2022-011, authorizing submission of the grant application and acceptance of allocated funds if awarded for the 2022 State Homeland Security Program (SHSP) Grant for Northeast Fire Department Association (NEFDA) for Hazardous Material (HazMat) Team Dry Decontamination Equipment. PRESENTER: Stan Tinney, Fire Chief SUMMARY: The North Richland Hills Fire Department has coordinated the State Homeland Security Program (SHSP) Grant application of the Northeast Fire Department Association (NEFDA) to apply for new hazardous material decontamination equipment. This equipment will enhance response capabilities to effectively decontaminate any affected persons or first responders following hazardous material incidents. GENERAL DESCRIPTION: The City of North Richland Hills Fire Department is part of the Northeast Fire Department Association (NEFDA) which includes 90 team members that respond to hazardous materials situations in the 14 county NEFDA region. Currently, the NEFDA HazMat team has limited decontamination capabilities. With dry decontamination equipment, the NEFDA HazMat team will have the ability to quickly and efficiently manage an incident scene, effectively perform decontamination on contaminated person(s), and decrease the need for additional personnel or resources on initial response. If authorized, North Richland Hills Fire Department will submit the SHSP grant application on behalf of NEFDA. North Richland Hills Fire Department would take on the role of administrator of the grant if awarded. The total amount of the grant is $22,000, and the grant does not require matching funds. RECOMMENDATION: Approve Resolution No. 2022-011. RESOLUTION NO. 2022-011 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 2022 STATE HOMELAND SECURITY GRANT PROGRAM FOR NORTHEAST FIRE DEPARTMENT ASSOCIATION WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the 2022 State Homeland Security Program (SHSP) Grant for new hazardous material dry decontamination equipment; and WHEREAS, This equipment will enhance response capabilities of the North Richland Hills Fire Department to effectively decontaminate any affected persons or first responders following hazardous material incidents; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills to acquire additional hazardous material decontamination equipment to better respond to emergencies and protect the lives of the citizens of the city; 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 2022 State Homeland Security Program (SHSP) Grant, 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 SHSP funds or failure to comply with all SHSP 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 Council in conflict herewith are hereby amended or repealed to the extent of such conflict. Resolution No. 2022-011 Page 1 of 2 PASSED AND APPROVED on this 14t" day of February, 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: Stan Tinney, Fire Chief Resolution No. 2022-011 Page 2 of 2 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 14, 2022 SUBJECT: Ordinance No. 3729, public hearing and consideration to approve an amendment to the Fiscal Year 2021/2022 Amended Budget. PRESENTER: Mark C. Mills, Director of Finance SUMMARY: The City Council is requested to conduct a public hearing and receive public comments on amendments to the Fiscal Year 2021/2022 Budget, previously amended on December 13, 2021. At the conclusion of the public hearing, Council is requested to consider the approval of Ordinance No. 3729. GENERAL DESCRIPTION: The Fiscal Year ("FY") 2021/2022 Budget was adopted by the City Council on August 15, 2021. Subsequent to the adoption of the budget, on September 13, 2021 City Council adopted an amendment to the FY2021/2022 budget, effective on October 1, 2021 at the start of the fiscal year. That budget amendment was the result of obtaining additional clarification regarding debt service support by tax collections in a tax increment fund and ultimately tax supported debt. The budget was amended a second time on December 13, 2021. The purpose of the second amendment was to appropriate the first installment of funding received from the American Rescue Plan Act ("ARPA"). This third amendment is necessary to take the required actions to close Tax Increment Reinvestment Zone ("TIF") Number 1/1A and TIF 2. In addition, because of the timing of particular expenditures related to TIF 3, an amendment has been included for that fund as well. At its October 11, 2021 meeting the TIF 1/1A Board of Directors (the "Board") recommended that City Council take the necessary actions to close the zone. At that time, all of the projects associated with TIF 1/1A were complete and there was no outstanding debt remaining for the zone. Staff is currently working with the City Attorney to draft an Ordinance that, when approved by the City Council, will authorize a final distribution of the remaining funds to the participating entities and close TIF 1/1A. The current estimated balance for TIF 1/1A to be distributed is $295,500. This budget amendment will appropriate the funds for TIF 1/1A, making them available for the final distribution during FY 2021/2022. At the Tax Increment Reinvestment Zone Number 2 ("TIF 2") meeting on January 24, 2022, the Board of Directors (the "Board") took action to amend the TIF 2 Project Plan and TIF 2 Finance Plan. Tarrant County College ("TCC") provided notice that it no longer IrLp NOKTH KICHLAN HILLS intended to pursue a Conference Center, included in the original project plan, or a Performing Arts Center as included in a 2015 amendment to the project plan. These amendments removed the language and costs associated with that particular project. As a result, all projects associated with TIF 2 have been completed and the Board recommended that the North Richland Hills City Council take the actions necessary to close TIF 2. TIF 2 currently has $10,475,716 in outstanding principal and interest payments on debt issued for projects within the zone. The City will make the February 15, 2022 debt payment of $1,905,974, leaving a balance of $8,569,742. The City will work with its Financial Advisor and Bond Counsel to defease the remaining debt. Once the February debt payment and the proposed defeasance are complete, staff will present an Ordinance to City Council requesting that TIF 2 be closed and the remaining TIF 2 funds be distributed to the participating entities. This proposed budget amendment would appropriate funds for TIF 2, providing funding and spending authority for the proposed defeasance and allow for the final distribution of funds related to TIF 2 upon closure. It would also remove the projected tax increment contributions from participating entities as they will be unnecessary now that TIF 2 is fully funded and closing. Certain expenditures related to Tax Increment Reinvestment Zone Number 3 ("TIF 3") originally projected to occur during FY 2020/2021 did not occur until after the end of the fiscal year. As a result, staff requests that Council consider an amendment, increasing the projected FY 2021/2022 expenditures related to TIF 3 by $13,104. At the conclusion of the public hearing, staff requests that the City Council consider Ordinance No. 3729, amending the Fiscal Year 2021/2022 Budget. RECOMMENDATION: Approve Ordinance No. 3729, amending the Fiscal Year 2021/2022 Budget. ORDINANCE NO. 3729 AN ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; PROVIDING FOR THE FILING OF THE AMENDED BUDGET; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in accordance with Article XII of the City of North Richland Hills City Charter the City Manager shall authorize no expenditure over the total funds for expenditure in the overall budget unless the budget is amended by the same public notice procedure called for in adopting the budget; and WHEREAS, in accordance with Article XII of the City of North Richland Hills City Charter, a notice of public hearing was placed in the Star Telegram on February 2, 2022, at least ten (10) days prior to the public hearing; and WHEREAS, the City Manager of the City of North Richland Hills submitted an amended budget for the fiscal year beginning October 1, 2021, and ending September 30, 2022 to the City Council as required by the City Charter of the City of North Richland Hills; and WHEREAS, after full and final consideration, the City Council is of the opinion that the budget should be approved and amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The amended budget for the City of North Richland Hills, Texas, for the Fiscal Year beginning October 1, 2021 and ending September 30, 20227 as set forth in Exhibit A, is hereby amended and approved as filed herewith. A copy of the amended budget shall be filed with the City Secretary. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, City of North Richland Hills, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. Ordinance No. 3722 Page 1 of 2 SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall be in full force and effect from and after its passage as provided by law, and it is so ordained. PASSED AND APPROVED on this the 14th day of February, 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: Mark C. Mills, Director of Finance Ordinance No. 3722 Page 2 of 2 Exhibit A FISCAL YEAR 2021-2022 SCHEDULE 7-SUNNWRY OF REVENUES AND EXPENDITURES TAX INCRENENTFINANCING FUND ADOPTED AMENDED BUDGET PROPOSED BUDGET FY2021/22 CHANGE FY2021/22 TAX INCRENENTFINANCING DISTRICT#1 REVENUES PROPERTY TAXES City of North Richland Hills $0 $0 $0 Tarrant County Hospital District 0 0 0 Tarrant County College District 0 0 0 Tarrant County 0 0 0 Birdville Independent School District 0 0 0 TOTAL 11F#1 PROPERTY TAXES $0 $0 $0 01HER FUNDING SOURCES Appropriation of Fund Balance $0 $295,500 $295,500 TOTAL 01HER FUNDING SOURCES $0 $295,500 $295,500 TOTAL REVENUES $0 $295,500 $295,500 EXPENDITURES Final Distrib.of Funds to Participating Entities $0 $295,500 $295,500 TOTAL EXPENDITURES $0 $295,500 $295,500 BALANCE $0 $0 $0 TAX INCRENENTFINANCING DISTRICT#2 REVENUES PROPERTY TAXES City of North Richland Hills $3,450,618 ($3,450,618) $0 Tarrant County Hospital District 0 0 0 Tarrant County College District 974,477 (974,477) 0 Tarrant County 0 0 0 TOTAL 11F#2 PROPERTY TAXES $4,425,095 ($4,425,095) $0 01HER FUNDING SOURCES Investment Income $217,000 ($197,000) $20,000 Appropriation of Fund Balance 0 26,158,629 26,158,629 TOTAL 01HER FUNDING SOURCES $217,000 $25,961,629 $26,178,629 TOTAL REVENUES $4,642,095 $21,536,534 $26,178,629 EXPENDITURES Debt Service $2,050,454 ($144,480) $1,905,974 Bond Defeasance/Refunding/Paying Agent Fee 1,481 7,888,075 7,889,556 Final Distrib.of Funds to Participating Entities 0 16,383,099 16,383,099 TOTAL EXPENDITURES $2,051,935 $24,126,694 $26,178,629 BALANCE $2,590,160 ($2,590,160) $0 Exhibit A FISCAL YEAR 2021-2022 SCHEDULE 7-SUNNWRY OF REVENUES AND EXPENDITURES TAX INCRENENTFINANCING FUND ADOPTED AMENDED BUDGET PROPOSED BUDGET FY2021/22 CHANGE FY2021/22 TAX INCRENENTFINANCING DISTRICT#3 REVENUES PROPERTY TAXES City of North Richland Hills $10,131 $0 $10,131 Tarrant County 3,891 0 3,891 TOTAL PROPERTY TAXES $14,022 $0 14,022 01HER FUNDING SOURCES Appropriation of Fund Balance $0 $13,104 $13,104 TOTAL 01HER FUNDING SOURCES $0 $13,104 $13,104 TOTAL REVENUES $14,022 $13,104 $27,126 EXPENDITURES Public Improvement District Contribution $14,022 $13,104 $27,126 TOTAL EXPENDITURES $14,022 $13,104 $27,126 BALANCE $0 $0 $0 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: Public Works DATE: February 14, 2022 SUBJECT: Consider Ordinance No. 3730, amending Article IV, Section 54-166 of the Code of Ordinances, to remove parking restrictions on designated portions of Bob Drive. PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: The City Council is being asked to consider an ordinance removing parking restrictions on designated portions of Bob Drive. GENERAL DESCRIPTION: Bob Drive intersects Harwood Road approximately '/4 mile east of Davis Boulevard, providing local access to both multi-family and single-family properties in the North Ridge Addition just south of Norich Park. This area was developed in phases from the 1970s through the 1990s,with the apartment complex first built in 1972, followed by the duplexes on Northridge in the late 1970s, and the single-family homes on Bob Drive and Lynda Drive to the north in the 1980s. Both Bob Drive and Northridge Boulevard are constructed to current residential street width standards at 30' wide between the curbs. Ordinance No. 2287 was approved in 1998 eliminating parking on Bob Drive on both sides of the street from the southernmost single-family residential property to Harwood. In 1999, Ordinance No. 2400 was passed to allow a loading and unloading zone on the west side of the street between 10 a.m. — 7 p.m., but still no actual parking. The 1998 City Council agenda item explains that there were complaints about cars parked on both sides of the street, leaving only one travel lane as justification for the parking restrictions. The subsequent ordinance update was provided to allow the apartment residents loading/unloading opportunities only. As a result of the parking restrictions on Northridge and Bob, along with the arterial classification of Harwood, the Fleetwood apartment complex has no available on-street parking adjacent to their property. City staff has received complaints from nearby residents about parking on Bob Drive both in the restricted areas, as well as when cars are parked further north beyond the restricted areas. Discussions among impacted city departments (Public Works, Police, Planning, and Neighborhood Services) indicated support for reconsideration of the parking restrictions on Bob Drive immediately east of the multi-family property. With the following considerations in mind, staff recommends that on-street parking be allowed on the west side of Bob Drive only. IrLp NOKTH KICHLAN HILLS • Two-way traffic is still feasible • Calls for enforcement would be reduced • On-street parking creates vehicular friction which helps slow motorists on residential streets • The opposite side of Bob Drive is a continuous rear fencing of homes on another street If this ordinance is approved, "No Parking" signs will be removed from the west side of Bob Drive; however, parking restrictions will remain on the west side of Bob Drive from a point 75 linear feet north of the Harwood Road intersection to prevent visibility issues for traffic entering and exiting the Harwood Road intersection. RECOMMENDATION: Approve Ordinance No. 3730. ORDINANCE NO. 3730 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ARTICLE IV SECTION 54-166 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS AND REMOVING A PARKING PROHIBITION ON A PORTION OF BOB DRIVE; ESTABLISHING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Pursuant to Chapter 545, Subchapter G of the Texas Transportation Code, the City Council has the authority to regulate on street parking and designate restricted parking areas by signs or markings; and WHEREAS, The City approved an on-street parking restriction on both the east and west sides of Bob Drive by Ordinance 2287 in 1998; and WHEREAS, Bob Drive is a standard width residential roadway, abutting a residential multi- family property on the west side of the road for approximately 650 linear feet north from Harwood Road; and WHEREAS, The full extent of the prohibition against parking on the west side of Bob Drive approved via Ordinance No. 2287 in 1998 and modified via Ordinance No. 2400 in 1999 is no longer needed to address safety, traffic flow or to ensure that the City's emergency services are able to access facilities along this roadway; and WHEREAS, The City Council finds that the majority of parking restrictions on the west side of Bob Drive can be removed without harm to the traveling public and citizens of North Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein into this Ordinance. Section 2: Section 54-166(a) of the North Richland Hills Code of Ordinances is hereby amended by adding new Subsection (50), and Section 54-166(b) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: Sec. 54-166. - On-street parking prohibited. (a) Prohibited in specific locations. The parking of any vehicle at the following locations is prohibited: (50) Bob Drive, west side, from its intersection with Harwood Road Ordinance No.3730 Page 1 of 3 north, extending 75 linear feet north. (b) Erection of signs. Signs prohibiting parking in no parking areas shall be erected prior to enforcement. Section 3: Section 54-169 of the North Richland Hills Code of Ordinances is hereby deleted in its entirety. Section 4: This Ordinance repeals paragraph one of Section 1 of Ordinance No. 2400; Section 2 of Ordinance No. 2400 is hereby repealed in its entirety. Section 5: The City's Engineer, or his/her designated representative, is hereby authorized and directed to place or cause to be placed, appropriate traffic control devices, curb markings, and appropriate signs to effectuate the establishment of the prohibited parking areas as herein provided. Section 6: Any person, firm or corporation violating Section 54-166(a)(50) of the North Richland Hills Code of Ordinances shall be deemed guilty of a misdemeanor and upon final conviction thereof shall be fined in an amount not to exceed Two Hundred Dollars ($200.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. Section 7: 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 8: 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 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Ordinance No.3730 Page 2 of 3 Section 11: This ordinance shall be in full force and effect upon publication as required by Section 10 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 141h day of February, 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 Ordinance No.3730 Page 3 of 3 Bob Drive Parking Restriction Recommendation /k +,,,,.! `y/I ! pi v RECOMMENDATION: quo' PARKING RESTRICTION TO BE REMOVED ON 1 1 WEST SIDE ONLY r 1 w MItHPLuINIIiC Works/ Enguneerhng� TO: Maleshia McGinnis, City Attorney FROM: Caroline Waggoner, P.E., Director of Public Works SUBJECT: Bob Drive Parking Restrictions DATE: January 27, 2022 Bob Drive is a north-south residential roadway in the North Ridge subdivision, with its south end terminating at a tee-intersection with Harwood Road. As a residential roadway on the City's Transportation Plan (formerly Master Thoroughfare Plan) it is 30-feet in width from face of curb to face of curb. With the 30-foot width, there is insufficient room to support both unobstructed two-way traffic and on-street parking on both sides of the street. Although limited on-street parking is anticipated in most residential neighborhoods, consistent or extensive parking is not the norm, and can have a negative impact on individual ingress/egress from driveways, traffic flow, and emergency response. Action was taken by the city council in 1998 and 1999 to eliminate parking on both sides of Bob Drive and subsequently allow loading/unloading on the west side of the street. However, based on the available pavement width, there is sufficient room for the loading/unloading area to be transitioned to on-street parking while still accommodating two-way traffic. On-street parking would still be prohibited on the east side of Bob Drive. I recommend removing the parking restriction on the west side of Bob Drive from a point 75 linear feet north of the Harwood Road intersection. Parking restrictions should remain on the southern 75-feet on the west side to prevent visibility issues for traffic entering and exiting the Harwood Road intersection. 4301. Citr I"rxint 1)rixx North Rid land I flHs, I exas 761.80 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 14, 2022 SUBJECT: Consider Resolution No. 2022-012, authorizing the defeasance and calling for redemption of certain currently outstanding debt obligations of the City relating to North Richland Hills Tax Increment Reinvestment Zone Number 2; directing that authorized City officials effectuate the defeasance and redemption of such obligations; and resolving other matters incident and related to the redemption and defeasance of such obligations. PRESENTER: Mark C. Mills, Director of Finance SUMMARY: At its January 24, 2022 meeting, the North Richland Hills Tax Increment Reinvestment Zone Number 2 ("TIF 2" or the "Zone") Board of Directors (the "Board") recommended that the North Richland Hills City Council take the necessary actions to close TIF 2. With the completion of all projects related to TIF 2, the Zone's only remaining obligation is the outstanding principal and interest payments on debt associated with the Zone. Council is requested to consider Resolution 2022-012, authorizing the defeasance and calling for redemption of all outstanding debt obligations related to TIF 2. GENERAL DESCRIPTION: The original TIF 2 Project Plan and TIF 2 Finance Plan included $8.2 million for the construction of a Conference Center. The Tarrant County College District ("TCC") re- envisioned this project, culminating in a 2015 TIF 2 Project Plan amendment that retitled the project to TCC Visual, Technical, and Performing Arts Center ("Performing Arts Center"). The Zone was expanded to include tax-exempt property on the TCC Northeast Campus where this project was to be located. In February 2021, TCC provided notice to North Richland Hills that TCC no longer intended to pursue the Performing Arts Center. At its January 24, 2022 meeting, the TIF 2 Board amended the TIF 2 Project Plan and TIF 2 Finance Plan to remove references and costs associated with a Conference Center or Performing Arts Center. With the removal of the Conference Center and Performing Arts Center from these plans, all TIF 2 projects are now complete. At the same meeting, the Board recommended that the North Richland Hills City Council take the actions necessary to close TIF 2. In order to close TIF 2, the City must first pay or defease the outstanding debt associated with TIF 2 projects and then can close TIF 2 by separate ordinance of Council. IrLp NOKTH KICHLAN HILLS With the completion of all TIF 2 projects, the Zone's only remaining obligation is the principal and interest payments that remain on debt outstanding for TIF 2 projects. As of September 30, 2021, TIF 2's outstanding debt included the following: Principal $9,460,000 Interest $1,015,716 Outstanding Debt $10,475,716 The next debt service payment is scheduled to occur on February 15, 2021. The proximity of this payment to the City Council meeting does not allow sufficient time to include the payment in the proposed defeasance. Once made, it will reduce the amount of debt to be defeased by $1,905,973, resulting in a defeasance of $8,569,743. The funds will be placed in escrow with The Bank of New York Melon Trust Company, N.A. The defeased obligations will be redeemed prior to maturity when they become callable. RECOMMENDATION: Approve Resolution No. 2022-012, authorizing the defeasance and calling for redemption of certain currently outstanding debt obligations of the City relating to North Richland Hills Tax Increment Reinvestment Zone Number 2; directing that authorized City officials effectuate the defeasance and redemption of such obligations; and resolving other matters incident and related to the redemption and defeasance of such obligations. RESOLUTION NO. 2022-012 A RESOLUTION authorizing the defeasance and calling for redemption of certain currently outstanding debt obligations of the City; directing that authorized City officials effectuate the defeasance and redemption of such obligations; and resolving other matters incident and related to the redemption and defeasance of such obligations. WHEREAS, pursuant to ordinances passed and adopted by the City Council of the City of North Richland Hills, Texas (the "City"), the following described obligations were duly authorized to be issued and are currently outstanding, to wit: (1) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligations, Series 2010," dated May 157 2010 (the "Series 2010 Obligations); (2) "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2012," dated December 1, 2011 (the "Series 2012 Bonds"); (3) "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2014," dated October 15, 2014 (the "Series 2014 Bonds"); and (4) "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2016," dated February 15, 2016 (the "Series 2016 Bonds"); and WHEREAS, the City Council hereby finds and determines that it is in the best interest of the City and the citizens of the City to defease the (1) Series 2010 Obligations maturing on February 15 in each of the years 2023 through 2027, inclusive, in the aggregate principal amount of$5,525,000, (2)Series 2012 Bonds maturing on February 15,2023, in the aggregate principal amount of$105,000, (3) the Series 2014 Bonds maturing on February 15 in each of the years 2023 through 2026, inclusive, in the aggregate principal amount of$1,610,000, and (4) the Series 2016 Bonds maturing on February 15 in each of the years 2023 through 2027, inclusive, in the aggregate principal amount of $490,000 (such obligations are collectively hereinafter referred to as the "Defeased Obligations"); and WHEREAS, each of the Defeased Obligations are subject to redemption prior to their maturity, at the option of the City; and WHEREAS, in accordance with the provisions of Texas Government Code, Sections 1207.061 and 1207.062, as amended (the "Act"), the City is authorized and empowered to deposit funds and/or securities directly with the place of payment for the Defeased Obligations, or other authorized depository,and enter into an escrow or similar agreement with such place of payment for the safekeeping, investment, reinvestment, administration and disbursement of such deposit; and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and full payment of the Defeased Obligations; and WHEREAS, the City will enter into an Escrow Agreement with The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (in such capacity, the "Escrow Agent") and will deposit into escrow an amount of money and/or securities which, together with investment 69747654.3 earnings thereon, will be sufficient to pay the principal of and interest on certain Defeased Obligations on their maturity dates and/or redemption dates, as applicable; and WHEREAS, the City Council hereby finds and determines that such Escrow Agreement for the payment and defeasance of the Defeased Obligations should be approved and authorization for its execution provided; and WHEREAS, the City Council further finds and determines that certain Defeased Obligations should be redeemed prior to maturity on the dates and in the manner hereinafter provided and in accordance with the requirements prescribed therefor and notices of redemption of such obligations should be approved and authorized by the City Council to be given at this time; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, Assistant City Manager, Director of Finance or City Secretary (each of the foregoing, an "Authorized Official") is hereby authorized and directed, from lawfully available and otherwise unencumbered funds of the City, to cause the sum needed to pay the principal of, premium, if any, and interest on the Defeased Obligations to their maturity and/or redemption dates, as applicable, to be deposited with The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, as paying agent/registrar for the Defeased Obligations (in such capacity, the "Paying Agent/Registrar"), or as Escrow Agent pursuant to the Escrow Agreement (defined below). SECTION 2: The Escrow Agreement, dated as of March 15, 2022 (the "Escrow Agreement"), by and between the City and the Escrow Agent and relating to the Defeased Obligations, attached hereto as Exhibit E and incorporated herein by reference as a part of this Resolution for all purposes, is hereby approved as to form and content. The Escrow Agreement, together with such changes or revisions as may be necessary to accomplish the defeasance of the Defeased Obligations or benefit the City, is hereby authorized to be executed by the Mayor or Mayor Pro Tern for and on behalf of the City and as the act and deed of this City Council; and such Escrow Agreement as executed by such officials shall be deemed approved by the City Council and constitute the Escrow Agreement herein approved. Furthermore,each Authorized Official, the City's Financial Advisor, and Bond Counsel, in cooperation with the Escrow Agent, are hereby authorized and directed to make the necessary arrangements for the deposit of cash and/or the purchase of any securities referenced in the Escrow Agreement and the delivery thereof to the Escrow Agent for deposit to the credit of the escrow fund established pursuant to the Escrow Agreement (the "Escrow Fund"), including the execution of the subscription forms, if any, for the purchase and issuance of the "United States Treasury Securities State and Local Government Series"for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, the ordinances authorizing the issuance of the Defeased Obligations, this Resolution, and the Escrow Agreement. SECTION 3: The Series 2010 Obligations, the Series 2012 Bonds, the Series 2014 Bonds and the Series 2016 Bonds are hereby called for redemption and shall be redeemed as set forth in the forms of notice of redemption that are attached hereto as Exhibit A through Exhibit D, respectively, and incorporated herein by reference as a part of this Resolution for all purposes. Each Authorized Official is hereby authorized and directed to file a copy of this 69747654.3 -2 - Resolution, together with such forms of notice of redemption to be sent to holders, with the Paying Agent/Registrar, in accordance with the redemption provisions applicable to such obligations. Additionally,the Paying Agent/Registrar is hereby authorized and directed to make a lot selection of the obligations to be redeemed and make arrangements to notify obligationholders of such lot selection as soon as possible. Each Authorized Official or other appropriate City official is hereby authorized and directed to transfer lawfully available funds to the Escrow Agent to accomplish the defeasance and redemption of the Defeased Obligations in accordance with the terms of the Escrow Agreement. SECTION 4: The City Council hereby delegates to each Authorized Official the authority to select a verification agent (the "Verification Agent") to verify the sufficiency of the deposit to the Escrow Fund, and/or with the Paying Agent/Registrar, to accomplish the defeasance of the Defeased Obligations, to the extent such appointment is necessary or desired. SECTION 5: Each Authorized Official is hereby authorized and directed to make all arrangements necessary to notify the holders of the obligations of the City's decision to redeem such obligations on the dates and in the manner herein provided and in accordance with the ordinances authorizing the issuance of the Defeased Obligations. Each Authorized Official is authorized to provide evidence of adoption of this Resolution and to do any and all things necessary or convenient to effect the defeasance and redemption described herein and otherwise give effect to the intent and purpose hereof, including the selection of a verification agent and execution of the Escrow Agreement. SECTION 6: The City Council hereby approves payment from lawfully available City funds of professional fees and expenses of the City's Bond Counsel, the City's Financial Advisor, the Escrow Agent, the Verification Agent, the Paying Agent/Registrar, and any other party whose services have been determined by the City to be necessary to accomplish the purpose and intent of this Resolution. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgement and findings of the City Council. SECTION 8: 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 9: This Resolution shall be in force and effect from and after its passage on the date shown below. [remainder of page left blank intentionally] 69747654.3 -3 - PASSED AND APPROVED on this 14t" day of February, 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: Mark C. Mills, Director of Finance 69747654.3 [signature page of Resolution] EXHIBIT A NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2010 DATED MAY 15, 2010 NOTICE IS HEREBY GIVEN that a portion of the obligations of the above series maturing on February 15 in each of the years 2023 through 2027, inclusive, and aggregating in the principal amount of $5,525,000 (the "Obligations"), have been called for redemption on March 31, 2022 (the "Redemption Date")at the redemption price of par and accrued interest to the date of redemption (the "Redemption Price"), such Obligations being identified as follows: Year of Principal Amount Principal Amount Principal Amount CUSIP Maturity Outstanding to be Redeemed Remaining No. 2023 $1,115,000 $1,105,000 $10,000 661838TP7 2024 $1,115,000 $1,105,000 $10,000 661838TQ5 2025 $1,115,000 $1,105,000 $10,000 661838TR3 2026 $1,115,000 $1,105,000 $10,000 661838TS1 2027 $1,115,000 $1,105,000 $10,000 661838TT9 A LOT SELECTION has been made and your Obligation has been selected for redemption. The above described Obligations shall become due on the Redemption Date, and interest thereon shall cease to accrue from and after the Redemption Date and payment of the Redemption Price shall be paid to the registered owners of the Obligations only upon presentation and surrender thereof to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, at its designated offices at the following addresses: First Class/Registered/Certified Express Delivery Only By Hand Only The Bank of New York Mellon The Bank of New York Mellon The Bank of New York Mellon Trust Trust Company, N.A. Trust Company, N.A. Company, N.A. Global Corporate Trust Global Corporate Trust Global Corporate Trust P. O. Box 396 111 Sanders Creek Parkway Corporate Trust Window East Syracuse, NY 13057 East Syracuse, NY 13057 101 Barclay Street, 1 st Floor East New York, NY 10286 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of such Obligations and pursuant to a resolution of the City Council of the City of North Richland Hills, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas Address: 2001 Bryan Street, 10t" Floor Dallas, Texas 75201 69747654.3 A-1 EXHIBIT B NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 DATED DECEMBER 1, 2011 NOTICE IS HEREBY GIVEN that a portion of the bonds of the above series maturing on February 15, 2023, and aggregating in the principal amount of$105,000 (the 'Bonds"), have been called for redemption on March 31, 2022(the"Redemption Date") at the redemption price of par and accrued interest to the date of redemption (the "Redemption Price"), such Bonds being identified as follows: Year of Principal Amount Principal Amount Principal Amount CUSIP Maturity Outstanding to be Redeemed Remaining No. 2023 $215,000 $105,000 $110,000 661838W N8 A LOT SELECTION has been made and your Bond has been selected for redemption. The above described Bonds shall become due on the Redemption Date, and interest thereon shall cease to accrue from and after the Redemption Date and payment of the Redemption Price shall be paid to the registered owners of the Bonds only upon presentation and surrender thereof to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, at its designated offices at the following addresses: First Class/Registered/Certified Express Delivery Only By Hand Only The Bank of New York Mellon The Bank of New York Mellon The Bank of New York Mellon Trust Trust Company, N.A. Trust Company, N.A. Company, N.A. Global Corporate Trust Global Corporate Trust Global Corporate Trust P. O. Box 396 111 Sanders Creek Parkway Corporate Trust Window East Syracuse, NY 13057 East Syracuse, NY 13057 101 Barclay Street, 1 st Floor East New York, NY 10286 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of such Bonds and pursuant to a resolution of the City Council of the City of North Richland Hills, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas Address: 2001 Bryan Street, 10t" Floor Dallas, Texas 75201 69747654.3 B-1 EXHIBIT C NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2014 DATED OCTOBER 15, 2014 NOTICE IS HEREBY GIVEN that a portion of the bonds of the above series maturing on February 15, 2025, and February 15, 2026, and aggregating in the principal amountof$795,000 (the"Bonds"), have been called for redemption on February 15, 2024 (the "Redemption Date") at the redemption price of par and accrued interest to the date of redemption (the "Redemption Price"), such Bonds being identified as follows: Year of Principal Amount Principal Amount Principal Amount Maturity Outstanding to be Redeemed Remaining CUSIP No. 2025 $590,000 $400,000 $190,000 661838KQ4 2026 $580,000 $395,000 $185,000 661838KR2 A LOT SELECTION has been made and your Bond has been selected for redemption. The above described Bonds shall become due on the Redemption Date, and interest thereon shall cease to accrue from and after the Redemption Date and payment of the Redemption Price shall be paid to the registered owners of the Bonds only upon presentation and surrender thereof to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, at its designated offices at the following addresses: First Class/Registered/Certified Express Delivery Only By Hand Only The Bank of New York Mellon The Bank of New York Mellon The Bank of New York Mellon Trust Trust Company, N.A. Trust Company, N.A. Company, N.A. Global Corporate Trust Global Corporate Trust Global Corporate Trust P. O. Box 396 111 Sanders Creek Parkway Corporate Trust Window East Syracuse, NY 13057 East Syracuse, NY 13057 101 Barclay Street, 1 st Floor East New York, NY 10286 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of such Bonds and pursuant to a resolution of the City Council of the City of North Richland Hills, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas Address: 2001 Bryan Street, 10t" Floor Dallas, Texas 75201 69747654.3 C-1 EXHIBIT D NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016 DATED FEBRUARY 15, 2016 NOTICE IS HEREBY GIVEN that a portion of the bonds of the above series maturing on February 15, 2027, and aggregating in the principal amount of$80,000 (the 'Bonds"), have been called for redemption on February 15, 2026 (the "Redemption Date") at the redemption price of par and accrued interest to the date of redemption (the "Redemption Price"), such Bonds being identified as follows: Year of Principal Amount Principal Amount Principal Amount Maturity Outstanding to be Redeemed Remaining CUSIP No. 2027 $200,000 $80,000 $120,000 661838LV2 A LOT SELECTION has been made and your Bond has been selected for redemption. The above described Bonds shall become due on the Redemption Date, and interest thereon shall cease to accrue from and after the Redemption Date and payment of the Redemption Price shall be paid to the registered owners of the Bonds only upon presentation and surrender thereof to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, at its designated offices at the following addresses: First Class/Reaistered/Certified Express Delivery Only By Hand Only The Bank of New York Mellon The Bank of New York Mellon The Bank of New York Mellon Trust Trust Company, N.A. Trust Company, N.A. Company, N.A. Global Corporate Trust Global Corporate Trust Global Corporate Trust P. O. Box 396 111 Sanders Creek Parkway Corporate Trust Window East Syracuse, NY 13057 East Syracuse, NY 13057 101 Barclay Street, 1 st Floor East New York, NY 10286 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of such Bonds and pursuant to a resolution of the City Council of the City of North Richland Hills, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas Address: 2001 Bryan Street, 10t" Floor Dallas, Texas 75201 69747654.3 D-1 EXHIBIT E FORM OF ESCROW AGREEMENT 69747654.3 E-1 ESCROW AGREEMENT THIS ESCROW AGREEMENT (the "Agreement"), made and entered into as of March 15, 2022, by and between the City of North Richland Hills, Texas, a governmental agency, body politic and corporate and political subdivision of the State of Texas in Tarrant County (the "City"), and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the "Escrow Agent"), a national banking association organized and existing under the laws of the United States of America, WIT NESSETH : WHEREAS, the City Council of the City has heretofore issued, sold, and delivered and there is currently outstanding obligations in the aggregate principal amount of$2,100,000 of the following issues or series(hereinafter collectively referred to as the "Defeased Bonds"), to wit. (1) "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2014," dated October 15, 2014, scheduled to mature on February 15 in each of the years 2023 through 2026, inclusive, and aggregating in the principal amount of$1,610,000 (the "Series 2014 Defeased Bonds"); (2) "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2016," dated February 15, 2016 scheduled to mature on February 15 in each of the years 2023 through 2027, inclusive, and aggregating in the principal amount of$490,000 (the "Series 2016 Defeased Bonds"); and WHEREAS, in accordance with the provisions of Texas Government Code, Chapter 1207, as amended (the "Act"), the City is authorized to deposit funds with the place of payment for the Defeased Bonds, or other authorized depository, and enter into an escrow or similar agreement with such place of payment for the safekeeping, investment, reinvestment, administration and disposition of such deposit, upon such terms and conditions as the parties may agree, provided such deposits may be invested only(i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent (hereinafter called "Governmental Securities")that mature and/or bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment of the Defeased Bonds; and WHEREAS, the Defeased Bonds are scheduled to mature, or be redeemed,and interest thereon is payable on the dates and in the manner set forth in Exhibit A attached hereto and incorporated herein by reference as a part of this Agreement for all purposes; and WHEREAS, the City on the 14t" day of February, 2022, pursuant to a Resolution (the "Resolution")finally passed and adopted by the City Council, authorized an Authorized Official 69752365.3/1000336996 (as defined in the Resolution) to transfer and deposit at the time specified therein certain lawfully available funds of the City in an amount sufficient to pay, redeem, discharge, and make final payment of the principal of and premium, if any, on the Defeased Bonds at their respective stated maturity or redemption dates and interest thereon to such dates; and WHEREAS, the City will cause funds to be deposited to the credit of the Escrow Fund (as defined below) in an amount sufficient to purchase the Governmental Securities listed and identified in the verification report prepared by Samuel Klein and Company, Certified Public Accountants, in conjunction with Public Finance Partners LLC, attached hereto as Exhibit B (the "Verification Report") (together with substituted securities therefor in accordance with the provisions of Section 11 hereof hereinafter referred to as the "Escrowed Securities"); and WHEREAS, the Escrowed Securities shall be held and deposited to the credit of the "Escrow Fund" to be established and maintained by the Escrow Agent in accordance with this Agreement; and WHEREAS, the Escrowed Securities, together with the beginning cash balance in the Escrow Fund, shall mature and the interestthereon shall be payable at such times to insure the existence of monies sufficient to pay the principal amount of the Defeased Bonds and the accrued interest thereon, as the same shall become due in accordance with the terms of the ordinances authorizing the issuance of the Defeased Bonds and as set forth in Exhibit A attached hereto; and WHEREAS, the City has completed all arrangements for the purchase of the Escrowed Securities listed in Exhibit B and the deposit and credit of the same to the Escrow Fund as provided herein; and WHEREAS, the Escrow Agent is a banking association organized and existing under the laws of the United States of America, possessing trust powers and is fully qualified and empowered to enter into this Agreement; and WHEREAS, in Section 2 of the Resolution, the City Council duly approved and authorized the execution of this Agreement; and WHEREAS, the City and the Escrow Agent, as the case may be, shall take all action necessary to call, pay, redeem and retire such Defeased Bonds in accordance with the provisions thereof, including, without limitation, all actions required by the ordinances authorizing the Defeased Bonds, the Act, the Resolution and this Agreement; NOW, THEREFORE, in consideration of the mutual agreements herein contained, and to secure the payment of the principal of and the interest on the Defeased Bonds as the same shall become due, the City and the Escrow Agent hereby mutually undertake, promise and agree as follows: SECTION 1: Receipt of Defeased Bonds Ordinances. Receipt of true and correct copies of the ordinances authorizing the issuance of the Defeased Bonds and the pricing certificates related thereto, if any, and the Resolution are hereby acknowledged by the Escrow Agent. Reference herein to or citation herein of any provision of such documents shall be deemed an incorporation of such provision as a part hereof in the same manner and with the same effect as if it were fully set forth herein. 69752365.3/1000336996 2 FURTHERMORE, the Escrow Agent acknowledges receipt of a copy of the Resolution which provides for the redemption of the (i)Series 2014 Defeased Bonds maturing on February 15, 2025, and February 15, 2026, on February 15, 2024, at the price of par plus accrued interest to the date of redemption, and (ii) the Series 2016 Defeased Bonds maturing on February 15, 2027, on February 15, 2026, at the price of par plus accrued interest to the date of redemption; all in accordance with the provisions of the notice requirements applicable to such Defeased Bonds and the notice requirements contained in the ordinances authorizing the issuance of the Defeased Bonds. The Escrow Agent, as paying agent/registrarfor the Defeased Bonds,agrees to cause a notice of redemption pertaining thereto to be sent to the registered owners thereof appearing on the registration books at least thirty(30)days prior to the respective redemption dates therefor. SECTION 2: Escrow Fund Creation/Funding. There is hereby created by the City with the Escrow Agent special segregated and irrevocable trust funds designated "SPECIAL 2022 CITY OF NORTH RICHLAND HILLS, TEXAS, SERIES 2014 DEFEASED BONDS ESCROW FUND" (the "2014 Escrow Fund") and "SPECIAL 2022 CITY OF NORTH RICHLAND HILLS, TEXAS, SERIES 2016 DEFEASED BONDS ESCROW FUND" (the "2016 Escrow Fund" and, together with the 2014 Escrow Fund, the "Escrow Fund") for the benefit of the holders of the Defeased Bonds. The City agrees and covenants to cause to be deposited with the Escrow Agent to the credit of the 2014 Escrow Fund the following: $1,694,409.00 for the purchase of the Escrowed Securities listed in Exhibit B to be held for the account of the 2014 Escrow Fund; $0.48 for deposit in the 2014 Escrow Fund as a beginning cash balance. The City further agrees and covenants to cause to be deposited with the Escrow Agent to the credit of the 2016 Escrow Fund the following: $5137205.00 for the purchase of the Escrowed Securities listed in Exhibit B to be held for the account of the 2016 Escrow Fund; $0.51 for deposit in the 2016 Escrow Fund as a beginning cash balance. The Escrow Agent hereby accepts the Escrow Fund and further agrees to receive such moneys, apply the same as set forth herein, and to hold the cash and Escrowed Securities deposited and credited to each Escrow Fund for application and disbursement for the purposes and in the manner provided in this Agreement. SECTION 3: Escrow Fund Sufficiency Warranty. The City hereby represents that the cash and Escrowed Securities, together with the interest to be earned thereon, deposited to the credit of the Escrow Fund will be sufficient to pay the principal of and premium and interest on the Defeased Bonds as the same shall become due and payable, and such Defeased Bonds, 69752365.3/1000336996 3 and the interest thereon, are to mature or be redeemed and shall be paid at the times and in the amounts set forth and identified in Exhibit A attached hereto. SECTION 4: Pledae of Escrow. The Escrow Agent agrees that all cash and Escrowed Securities, together with any income or interest earned thereon, held in the respective Escrow Fund shall be and is hereby irrevocably pledged to the payment of the principal of and interest on the respective series of Defeased Bonds which will mature and become due on and after the date of this Agreement, and such funds initially deposited and to be received from maturing principal and interest on the Escrowed Securities in the respective Escrow Fund shall be applied solely in accordance with the provisions of this Agreement. SECTION 5: Escrow Insufficiency. If, for any reason, at any time, the funds on hand in the Escrow Fund shall be insufficient to make the payments set forth in Exhibit A attached hereto, as the same becomes due and payable, notice of any such insufficiency shall be immediately given by the Escrow Agent to the City by the fastest means possible, but neither the Escrow Agent nor the City shall in any manner be responsible for any insufficiency of funds in the Escrow Fund. SECTION 6: Escrow Fund Securities/Seareaation. The Escrow Agent shall hold such Escrowed Securities and moneys in each Escrow Fund at all times as a special and separate trust fund for the benefit of the holders of the respective series of Defeased Bonds, wholly segregated from other moneys and securities on deposit with the Escrow Agent; shall never commingle such Escrowed Securities and moneys with other moneys or securities of the Escrow Agent; and shall hold and dispose of the assets therein only asset forth herein. Nothing herein contained shall be construed as requiring the Escrow Agent to keep the identical moneys, or any part thereof, in such Escrow Fund, if it is impractical, but moneys of an equal amount, except to the extent such are represented by the Escrowed Securities, shall always be maintained on deposit in the respective Escrow Fund by the Escrow Agent and a special account evidencing such facts shall at all times be maintained on the books of the Escrow Agent. SECTION 7: Escrow Fund Collections/Payments. The Escrow Agent shall from time to time collect and receive the principal of and interest on the Escrowed Securities as they respectively mature and become due and credit the same to the respective Escrow Fund. On or before each principal and/or interest payment date or redemption date, as the case may be, for the Defeased Bonds shown in Exhibit A attached hereto, the Escrow Agent, without further direction from anyone, including the City, shall cause to be withdrawn from the respective Escrow Fund the amount required to pay the accrued interest on the respective series of Defeased Bonds due and payable on such payment date and the principal of the respective series of Defeased Bonds due and payable on such payment date or redemption date, as the case may be, and the amount withdrawn from the respective Escrow Fund shall be immediately transmitted and deposited with the paying agent for the Defeased Bonds to be paid with such amount. The paying agent for the Defeased Bonds is the Escrow Agent. If any Defeased Bonds or interest coupon thereon shall not be presented for payment when the principal thereof or interestthereon shall have become due, and if cash shall at such times be held by the Escrow Agent in trust for that purpose sufficient and available to pay the principal of such Defeased Bonds and interest thereon it shall be the duty of the Escrow Agent to hold such cash without liability to the holder of such Defeased Bonds for interest thereon after such maturity or redemption date, in trust for the benefit of the holder of such Defeased Bonds, who shall thereafter be restricted exclusively to such cash for any claim of whatever nature on 69752365.3/1000336996 4 his part on or with respect to such Defeased Bonds, including for any claim for the payment thereof and interest thereon. All cash required by the provisions hereof to be set aside or held in trust for the payment of the Defeased Bonds, including interest thereon, shall be applied to and used solely for the payment of the Defeased Bonds and interest thereon with respect to which such cash has been so set aside in trust. Subject to the provisions of the last sentence of Section 25 hereof, cash held by the Escrow Agent in trust for the payment and discharge of any of the Defeased Bonds and interest thereon which remains unclaimed for a period of three (3)years after the stated maturity date or redemption date of such Defeased Bonds shall be returned to the City. Notwithstanding the above and foregoing, any remittance of funds from the Escrow Agent to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 8: Disposal of Defeased Bonds. All Defeased Bonds cancelled on account of payment by the Escrow Agent shall be cremated or otherwise destroyed by the Escrow Agent, and an appropriate certificate of destruction furnished the City. SECTION 9: Escrow Fund Encumbrance. The escrow created hereby shall be irrevocable and the holders of the Defeased Bonds shall have an express lien on all moneys and respective Escrowed Securities in the respective Escrow Fund until paid out, used and applied in accordance with this Agreement. Unless disbursed in payment of the Defeased Bonds, all funds and the Escrowed Securities received by the Escrow Agent for the account of the City hereunder shall be and remain the property of the Escrow Fund and the City and the owners of the Defeased Bonds shall be entitled to a preferred claim and shall have a first lien upon such respective funds and respective Escrowed Securities enjoyed by a trust beneficiary. The funds and Escrowed Securities received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the City and the Escrow Agent and the City shall have no right or title with respect thereto, except as otherwise provided herein. Such funds and Escrowed Securities shall not be subject to checks or drafts drawn by the City. SECTION 10- Absence of Claim/Lien on Escrow Fund. The Escrow Agent shall have no lien whatsoever upon any of the moneys or Escrowed Securities in the Escrow Fund for payment of services rendered hereunder, services rendered as paying agent/registrar for the Defeased Bonds, or for any costs or expenses incurred hereunder and reimbursable from the City. SECTION 11: Substitution/Reinvestments.(a)The Escrow Agent shall be authorized to accept initially and temporarily cash and/or substituted Governmental Securities pending the delivery of the Escrowed Securities identified in Exhibit B attached hereto, or shall be authorized to redeem the Escrowed Securities and reinvest the proceeds thereof, together with other moneys held in the respective Escrow Fund in Governmental Securities, provided such early redemption and reinvestment of proceeds does not change the repayment schedule of the Defeased Bonds appearing in Exhibit A and the Escrow Agent receives the following: (1) an opinion by an independent certified public accountant to the effect that(i)the initial and/or temporary substitution of cash and/or securities for one or more of the Escrowed Securities identified in Exhibit B pending the receipt and delivery thereof to the Escrow Agent or(ii)the redemption of one or more of the Escrowed Securities and the reinvestment of such funds in one or more 69752365.3/1000336996 5 substituted Governmental Securities, together with the interest thereon and other available moneys then held in the respective Escrow Fund,will, in either case, be sufficient without reinvestment to pay, as the same become due in accordance with Exhibit A, the principal of, and interest on, the respective series of Defeased Bonds which have not previously been paid, and (2) with respect to an early redemption of Escrowed Securities and the reinvestment of the proceeds thereof, an unqualified opinion of nationally recognized municipal bond counsel to the effect that (a) such investment will not cause interest on the Defeased Bonds to be included in the gross income for federal income tax purposes, under the Code and related regulations as in effect on the date of such investment, or otherwise make the interest on the Defeased Bonds subject to Federal income taxation and (b) such reinvestment complies with the Constitution and laws of the State of Texas and with all relevant documents relating to the issuance of the Defeased Bonds. (b) If on the date and in the amount shown in Exhibit C attached hereto there exists cash in the Escrow Fund, the Escrow Agent and the City agree at least fifteen (15)days prior to such date, to subscribe for the purchase of United States Treasury Securities - State and Local Government Series (SLGS) bearing zero interest (0%) and on such date, in the amount and scheduled to mature as provided in Exhibit C and subscription forms prepared therefor as may be then required by the United States Department of the Treasury; provided that the then existing rules and regulations and policy of United States Department of the Treasury permit and authorize such investments. Should the policy, rules and regulations of the United States Department of Treasury not permit or authorize the purchase of such SLGS at such time or times, such cash balance or balances shall remain uninvested and held in trust for the benefit of the holders of the Defeased Bonds and used for the payment of the Defeased Bonds on the dates and in the amount such moneys would have been expended had such SLGS been acquired and matured. SECTION 12: Restriction Re: Escrow Fund Investments/ Re-investment. Except as provided in Section 11 hereof, moneys in the Escrow Fund will be invested only in the Escrowed Securities listed in Exhibit B and neither the City nor the Escrow Agent shall reinvest any moneys deposited in the Escrow Fund except as specifically provided by this Agreement. SECTION 13: Excess Funds. If at any time through redemption or cancellation of the Defeased Bonds there exists or will exist excesses of interest on or maturing principal of the Escrowed Securities in excess of the amounts necessary hereunder for the Defeased Bonds, the Escrow Agent may transfer such excess amounts to or on the order of the City, provided that the City delivers to the Escrow Agent the following: (1) an opinion by an independent certified public accountant that after the transfer of such excess, the principal amount of securities in the respective Escrow Fund, together with the interest thereon and other available monies then held in the respective Escrow Fund,will be sufficient to pay, as the same become due, in accordance with Exhibit A, the principal of, and interest on, the respective series of Defeased Bonds which have not previously been paid, and (2) an unqualified opinion of nationally recognized municipal bond counsel to the effect that(a)such transfer will not cause interest on the Defeased Bonds to be included in gross income for federal income tax purposes, under the 69752365.3/1000336996 6 Code and related regulations as in effect on the date of such transfer, or otherwise make the interest on the Defeased Bonds subject to Federal income taxation, and (b) such transfer complies with the Constitution and laws of the State of Texas and with all relevant documents relating to the issuance of the Defeased Bonds. SECTION 14: Collateralization. The Escrow Agent represents that the deposit covered by this Agreement shall constitute firm banking arrangements to insure payment of the Defeased Bonds and, to the extent not invested in Escrowed Securities, such deposit is collateralized to insure against any loss or diminution by virtue of any action of the Escrow Agent or as a result of its lack of financial integrity and such deposit, if not invested in the Escrowed Securities,will be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for paying agent accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. SECTION 15: Absence of Escrow Aaent's Liability Re: Investments. The Escrow Agent shall not be liable or responsible for any loss resulting from any investment made in the Escrowed Securities or substitute securities as provided in Section 11 hereof. SECTION 16: Escrow Agent's Compensation - Escrow Administration Settlement of Paying Agents' Charges. The City agrees to pay the Escrow Agent for the performance of services hereunder and as reimbursement for anticipated expenses to be incurred hereunder the amount of $ and, except for reimbursement of costs and expenses incurred by the Escrow Agent pursuant to Sections 11 and 19 hereof, the Escrow Agent hereby agrees such amount is full and complete payment for the administration of this Agreement; provided, however, notwithstanding anything herein to the contrary, the aggregate value of this Agreement shall not exceed the dollar limitation set forth in Section 2271.002(a)(2)of the Texas Government Code or Section 2274.002(a)(2) of the Texas Government Code. The City also agrees to deposit with the Escrow Agent on the effective date of this Agreement, the sum of$ , which represents the total charges due the paying agent for the Defeased Bonds and the Escrow Agent acknowledges and agrees that such amount is and represents the total amount of compensation due the Escrow Agent for services rendered as paying agent for the Defeased Bonds. The Escrow Agent hereby agrees to pay, assume and be fully responsible for any additional charges that it may incur in the performance of its duties and responsibilities as paying agent for the Defeased Bonds. SECTION 17: EscrowAaent's Duties/Responsibilities/Liability. The Escrow Agent shall not be responsible for any recital herein, except with respect to its organization and its powers and authority. As to the existence or nonexistence of any fact relating to the City or as to the sufficiency or validity of any instrument, paper or proceedings relating to the City, the Escrow Agent shall be entitled to rely upon a certificate signed on behalf of the City by its City Secretary or City Manager of the City as sufficient evidence of the facts therein contained. The Escrow Agent may accept a certificate of the City Secretary under the City's seal, to the effect that a resolution or other instrument in the form therein set forth has been adopted by the City Council of the City, as conclusive evidence that such resolution or other instrument has been duly adopted and is in full force and effect. The duties and obligations of the Escrow Agent shall be determined solely by the express provisions of this Agreement and the Escrow Agent shall not be liable except for the 69752365.3/1000336996 7 performance of such duties and obligations as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Escrow Agent. In the absence of willful misconduct on the part of the Escrow Agent, the Escrow Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificate or opinion furnished to the Escrow Agent, conforming to the requirements of this Agreement; but notwithstanding any provision of this Agreement to the contrary, in the case of any such certificate or opinion or any evidence which by any provision hereof is specifically required to be furnished to the Escrow Agent, the Escrow Agent shall be under a duty to examine the same to determine whether it conforms to the requirements of this Agreement. The Escrow Agent shall not be liable for any error of judgment made in good faith by a Responsible Officer or Officers of the Escrow Agent unless it shall be proven that the Escrow Agent was negligent in ascertaining or acting upon the pertinent facts. The Escrow Agent shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the holders of not less than a majority in aggregate principal amount of all such Defeased Bonds at the time outstanding relating to the time, method and place of conducting any proceeding for any remedy available to the Escrow Agent not in conflict with the intent and purpose of this Agreement. For the purposes of determining whetherthe holders of the required principal amount of such Defeased Bonds have concurred in any such direction, Defeased Bonds owned by any obligor upon the Defeased Bonds, or by any person directly or indirectly controlling or controlled by or under direct or indirect common control with such obligor, shall be disregarded, except that for the purposes of determining whether the Escrow Agent shall be protected in relying on any such direction only Defeased Bonds which the Escrow Agent actually knows are so owned shall be so disregarded unless all Defeased Bonds are so owned. The term "Responsible Officers" of the Escrow Agent, as used in this Agreement, shall mean and include the Chairman of the Board of Directors, the President, any Vice President and any Second Vice President, the Secretary and any Assistant Secretary, the Treasurer and any Assistant Treasurer, and every other officer and assistant officer of the Escrow Agent customarily performing functions similar to those performed by the persons who at the time shall be officers, respectively, or to whom any corporate trust matter is referred, because of his knowledge of and familiarity with a particular subject; and the term "Responsible Officer" of the Escrow Agent, as used in this Agreement, shall mean and include any of such officers or persons. The Escrow Agent may consult with "independent legal counsel" (such term does not include an attorney who is an employee of the Escrow Agent) and the Escrow Agent shall be entitled to conclusively rely on such advice of such independent legal counsel in good faith. Such advice or opinion of independent legal counsel, relied upon in good faith, shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it in accordance with such advice. The Escrow Agent may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through its agents or attorneys and may in all cases pay reasonable compensation to any agent or attorney retained or employed by it in connection therewith. The Escrow Agent may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, written investment direction, statement, instrument, opinion, notice or other paper or document believed by it to be genuine and to have been signed or presented by the proper party. The Escrow Agent need not 69752365.3/1000336996 8 investigate any fact or matter stated in the document. None of the provisions of this Agreement shall require the Escrow Agent to expend or risk its own funds or otherwise to incur any liability, financial or otherwise, in the performance of any of its duties hereunder. To the extent permitted by law, the City shall indemnify, defend and hold harmless the Escrow Agent and its officers, directors, employees, representatives and agents, from and against and reimburse the Escrow Agent for any and all claims, obligations, liabilities, losses, damages, actions, suits, judgments, reasonable costs and expenses (including reasonable attorneys' and agents'fees and expenses)of whatever kind or nature regardless of their merit, demanded, asserted or claimed against the Escrow Agent directly or indirectly relating to, or arising from, claims against the Escrow Agent by reason of its participation in the transactions contemplated hereby, except to the extent caused by the Escrow Agent's negligence or willful misconduct. The foregoing indemnity shall survive the termination of this Agreement or the earlier resignation or removal of the Escrow Agent. Any bank, corporation or association into which the Escrow Agent may be merged or converted or with which it may be consolidated, or any bank, corporation or association resulting from any merger, conversion or consolidation to which the Escrow Agent shall be a party, or any bank, corporation or association succeeding to all or substantially all of the corporate trust business of the Escrow Agent shall be the successor of the Escrow Agent hereunderwithout the execution or filing of any paper with any party hereto or any further act on the part of any of the parties hereto except on the part of any of the parties heretowhere an instrument of transfer or assignment is required by law to effect such succession, anything herein to the contrary notwithstanding. SECTION 18: Limitation Re: Escrow Agent's Duties/Responsibilities/Liabilities to Third Parties. The Escrow Agent shall not be responsible or liable to any person in any manner whatever for the sufficiency, correctness, genuineness, effectiveness, or validity of this Agreement with respect to the City, or for the identity or authority of any person making or executing this Agreement for and on behalf of the City. The Escrow Agent is authorized by the City to rely upon the representations of the City with respect to this Agreement and the deposits made pursuant hereto and as to the City's right and power to execute and deliver this Agreement, and the Escrow Agent shall not be liable in any manner as a result of such reliance. The duty of the Escrow Agent hereunder shall only be to the City and the holders of the Defeased Bonds. Neither the City nor the Escrow Agent shall assign or attempt to assign or transfer any interest hereunder or any portion of any such interest; provided, however, that such assignment or transfer by the Escrow Agent shall be permitted if such assignment or transfer is due to a merger, consolidation, conversion, or business sale of the Escrow Agent as described in the last paragraph of Section 17 hereof. Any such assignmentor attempted assignment shall be in direct conflict with this Agreement and be without effect. SECTION 19: Interpleader. In the event conflicting demands or notices are made upon the Escrow Agent growing out of or relating to this Agreement or the Escrow Agent in good faith is in doubt as to what action should be taken hereunder, the Escrow Agent shall have the right at its election to: (a) Withhold and stop all further proceedings in, and performance of, this Agreement with respect to the issue in question and of all instructions received hereunder in regard to such issue; and 69752365.3/1000336996 9 (b) File a suit in interpleader and obtain an order from a court of appropriate jurisdiction requiring all persons involved to interplead and litigate in such court their several claims and rights among themselves. In the event the Escrow Agent becomes involved in litigation in connection with this Section, the City, to the extent permitted by law, agrees to indemnify and save the Escrow Agent harmless from all loss, cost, damages, expenses and attorney fees suffered or incurred by the Escrow Agent as a result thereof. The obligations of the Escrow Agent under this Agreement shall be performable at the corporate office of the Escrow Agent in the City of Dallas, Texas. To the extent permitted by law, and subject to any applicable statutes of limitation, the foregoing indemnification shall survive the resignation or removal of the Escrow Agent or the termination of this Agreement. The Escrow Agent may advise with legal counsel in the event of any dispute or question regarding the construction of any of the provisions hereof or its duties hereunder, and in the absence of negligence or willful misconduct on the part of the Escrow Agent, no liability shall be incurred by the Escrow Agent for any action taken pursuant to this Section and the Escrow Agent shall be fully protected in acting in accordance with the opinion and instructions of legal counsel that is knowledgeable and has expertise in the field of law addressed in any such legal opinion or with respect to the instructions given. SECTION 20: Accounting -Annual Report. Promptly after September30th of each year, commencing with the year 2022, while the Escrow Fund is maintained under this Agreement, the Escrow Agent shall forward to the City, to the attention of the Finance Director, or other designated official of the City, a statement in detail of the Escrowed Securities and monies held, and the current income and maturities thereof, and the withdrawals of money from the Escrow Fund for the preceding 12 month period ending September 30th of each year. SECTION 21: Notices. Any notice, authorization, request or demand required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed as follows: CITY OF NORTH RICHLAND HILLS, TEXAS P. O. Box 820609 North Richland Hills, Texas 76182-0609 Attention: Finance Director THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. 2001 Bryan Street, 10t" Floor Dallas, Texas 75201 Attention: Corporate Trust Division The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten (10) days prior notice thereof. SECTION 22: Performance Date. Whenever under the terms of this Agreement the performance date of any provision hereof, including the date of maturity or interest on or principal of the Defeased Bonds, shall be a Sunday or a legal holiday or a day on which the 69752365.3/1000336996 10 Escrow Agent is authorized by law to close, then the performance thereof, including the payment of principal of and interest on the Defeased Bonds, need not be made on such date but may be performed or paid, as the case may be, on the next succeeding business day of the Escrow Agent with the same force and effect as if made on the date of performance or payment and with respect to a payment, no interest shall accrue for the period after such date. SECTION 23: Warranty of Parties Re: Power to Execute and Deliver Escrow Aareement. The City covenantsthat it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Agreement, in any and every such Defeased Bonds as executed, authenticated and delivered and in all proceedings pertaining thereto as such Defeased Bonds shall have been modified as provided in this Agreement. The City covenants that it is duly authorized under the Constitution and laws of the State of Texas to execute and deliver this Agreement, that all actions on its part for the payment of such Defeased Bonds as provided herein and the execution and delivery of this Agreement have been duly and effectively taken and that such Defeased Bonds and coupons in the hands of the holders and owners thereof are and will be valid and enforceable obligations of the City according to the import thereof as provided in this Agreement. SECTION 24: Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the parties to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. In the event any covenant or agreement contained in this Agreement is declared to be severable from the other provisions of this Agreement, written notice of such event shall immediately be given to each national rating service(Moody's Investors Service, Standard & Poor's Corporation or Fitch Investors Service) which has rated the Defeased Bonds on the basis of this Agreement. SECTION 25: Termination. This Agreement shall terminate when the Defeased Bonds, including interest due thereon, have been paid and discharged in accordance with the provisions of this Agreement. If any Defeased Bonds are not presented for payment when due and payable, the nonpayment thereof shall not prevent the termination of this Agreement. Funds for the payment of any nonpresented Defeased Bonds and accrued interest thereon shall upon termination of this Agreement be held by the Escrow Agent for such purpose in accordance with Section 7 hereof. Any moneys or Escrowed Securities held in the Escrow Fund at termination and not needed for the payment of the principal of or interest on any of the Defeased Bonds shall be paid or transferred to the City. SECTION 26: Time of the Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement. SECTION 27: Successors/Assians. (a) Should the Escrow Agent not be able to legally serve or perform the duties and obligations under this Agreement, or should the Escrow Agent be declared to be insolvent or closed for any reason by federal or state regulatory authorities or a court of competent jurisdiction, the City, upon being notified or discovering the Escrow Agent's inability or disqualification to serve hereunder, shall forthwith appoint a successor to replace the Escrow Agent, and upon being notified of such appointment, the Escrow Agent shall (i)transferall funds and securities held hereunder, together with all books, records and accounts relating to the Escrow Fund and the Defeased Bonds, to such successor and (ii) assign all rights, duties and 69752365.3/1000336996 11 obligations under this Agreement to such successor. If the City should fail to appoint such a successor within sixty (60) days from the date the City discovers, or is notified of, the event or circumstance causing the Escrow Agent's inability or disqualification to serve hereunder, the Escrow Agent, or a bondholder of the Defeased Bonds, may apply, at the expense of the City, to a court of competent jurisdiction to appoint a successor or assigns of the Escrow Agent and such court, upon determining the Escrow Agent is unable to continue to serve, shall appoint a successor to serve under this Agreement and the amount of compensation, if any, to be paid to such successor for the remainder of the term of this Agreement for services to be rendered both for administering the Escrow Fund and for paying agent duties and responsibilities for the Defeased Bonds. (b) Furthermore, the Escrow Agent may resign and be discharged from performing its duties and responsibilities under this Agreement upon notifying the City in writing of its intention to resign and requesting the City to appoint a successor. No such resignation shall take effect until a successor has been appointed by the City and such successor has accepted such appointment and agreed to perform all duties and obligations hereunder for a total compensation equal to the unearned proportional amount paid the Escrow Agent under Section 16 hereof for the administration of this Agreement and the unearned proportional amount of the paying agents fees for the Defeased Bonds due the Escrow Agent. If the City does not make such appointment within sixty (60) days of the date that such resignation notice is sent to the City, the Escrow Agent shall be entitled to petition of a court of competent jurisdiction for the appointment of a successor. Any successor to the Escrow Agent shall be a bank, trust company or other financial institution that is duly qualified under applicable law(the Act, or other appropriate statute) to serve as escrow agent hereunder and authorized and empowered to perform the duties and obligations contemplated by this Agreement and organized and doing business under the laws of the United States or the State of Texas, having an office and place of business in the State of Texas, having a combined capital and surplus of at least $5,000,000 and be subject to the supervision or examination by Federal or State authority. Any successor or assigns to the Escrow Agent shall execute, acknowledge and deliver to the City and the Escrow Agent, or its successor or assigns, an instrument accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such successor, subject to the terms of this Agreement,all the rights, powers and trusts created and established and to be performed underthis Agreement. Upon the request of any such successor Escrow Agent, the City shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such rights, powers and duties. The term"Escrow Agent" as used herein shall be the Escrow Agent and its legal assigns and successor hereunder. SECTION 28: Escrow Aareement - Amend ment/Modification. This Agreement shall be binding upon the City and the Escrow Agent and their respective successors and legal representatives and shall inure solely to the benefit of the holders of the Defeased Bonds, the City, the Escrow Agent and their respective successors and legal representatives. Furthermore, no alteration, amendment or modification of any provision of this Agreement (1) shall alter the firm financial arrangements made for the payment of the Defeased Bonds or (2) shall be effective unless (i) prior written consent of such alteration, amendment or modification shall have been obtained from the holders of all Defeased Bonds outstanding at the time of such alteration, amendment or modification and (ii) such alteration, amendment or modification is in writing and signed by the parties hereto; provided, however, the City and the Escrow Agent 69752365.3/1000336996 12 may, without the consent of the holders of the Defeased Bonds, amend or modify the terms and provisions of this Agreement to cure in a manner not materially adverse to the holders of the Defeased Bonds as evidenced by an opinion of counsel delivered to the Escrow Agent any ambiguity, formal defect or omission in this Agreement. If the parties hereto agree to any amendment or modification to this Agreement, prior written notice of such amendment or proposed modification, together with the legal documents amending or modifying this Agreement, shall be furnished to each national rating service (Standard & Poor's Corporation, Moody's Investors Service or Fitch Investors Service) which has rated the Defeased Bonds on the basis of this Agreement, prior to such amendment or modification being executed. SECTION 29: Effect of Headinas. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 30: Executed Counterparts. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. SECTION 31: Iran. Sudan and Foreian Terrorists Oraanizations. The Escrow Agent represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer's internet website: https-Hcomptroller.texas.gov/purchasing/docs/sudan-list.pdf, https-Hcomptroller.texas.gov/purchasing/docs/iran-list.pdf, or https-Hcomptroller.texas.gov/purchasing/docs/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Escrow Agent and each of its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Escrow Agent understands "affiliate" to mean an entity that controls, is controlled by, or is under common control with the Escrow Agent within the meaning of SEC Rule 133(f), 17 C.F.R. § 230.133(f), and exists to make a profit. SECTION 32: Governing Law. This Agreement shall be governed by the laws of the State of Texas and shall be effective as of the date first written above. [remainder of page left blank intentionally] 69752365.3/1000336996 13 IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed by their duly authorized officers as of the date first above written. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY: City Secretary City Attorney THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas, as Escrow Agent Title: ATTEST: Title: 69752365.3/1000336996 [signature page of Escrow Agreement] EXHIBIT A (page 1 of 2) DEBT SERVICE REQUIREMENTS FOR DEFEASED BONDS 69752365.3/1000336996 A-1 EXHIBIT A (page 2 of 2) DEBT SERVICE REQUIREMENTS FOR DEFEASED BONDS 69752365.3/1000336996 A-2 EXHIBIT B VERIFICATION REPORT 69752365.3/1000336996 B-1 EXHIBIT C ZERO REINVESTMENTS 69752365.3/1000336996 C-1 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 14, 2022 SUBJECT: Consider Ordinance No. 3731 Amending Chapter 46, Article III of the North Richland Hills Code of Ordinances and Section 46 of Appendix A - Fee Schedule of the North Richland Hills Code of Ordinances related to library fees. PRESENTER: Mark Mills, Director of Finance SUMMARY: Staff requests that City Council consider Ordinance No. 3731 . This ordinance would amend Chapter 46, Article III, and Chapter 46 of Appendix A - Fee Schedule of the Code of Ordinances to remove library fines for overdue materials. The changes would be effective on March 1, 2022. GENERAL DESCRIPTION: At the January 10 City Council Work Session, staff presented on the benefits of eliminating library overdue fees. These benefits included reduced access barriers, improved return rates, and improved customer service. Staff conducted a survey of north Texas libraries to determine if the City's library fees were in alignment with our benchmark cities and surrounding cities. The following benchmark cities have eliminated overdue fees. • Bedford • Flower Mound • Keller • Coppell • Frisco • Southlake • Euless • Grapevine • The Colony Benchmark cities Lewisville, Hurst, and Duncanville are in the process of eliminating overdue fees. Additionally, the following North Texas libraries have also gone fine free: Fort Worth, Dallas, Arlington, Aubrey, Benbrook, Carrollton, Cedar Hill, Denton, Forest Hill, Garland, Haltom City, Kennedale, Irving, McKinney, Mesquite, Mineral Wells, Plano, Prosper, Richland Hills, Sachse, Saginaw, Sherman, and Weatherford. There are several benefits to eliminating overdue fees. These include more equitable access, enhanced customer service, and more efficient and effective use of staff. "I r*4w NOLa`C`H KIC"HLAND HILLS More Equitable Access Eliminating overdue fees reduces financial barriers to access especially for children. Often children bear the burden of overdue fees. Almost 10% of our children's accounts are currently blocked due to overdue fees where all materials have been returned. Additionally, over 500 families fall into this same category. This restricts children's access to the materials they need to develop literacy skills and support their classroom learning. This is particularly important now due to the staggering reading gaps in education because of the impact of the pandemic on the last two school years. While schools have the responsibility to close that gap, libraries serve a significant role in the community to ensure that reading materials are available for all students. Children should not be restricted from having access to library materials because of their parent's financial limitations or irresponsibility. Libraries that have eliminated overdue fees have seen the greatest impact on the circulation of children's materials. San Rafael Public Library reported a 40% increase in youth borrowers after dropping overdue fees. High Plains Library District's children's circulation increased 16% in the year after going fine free. Increase in Returned Materials Both on a local and national level, libraries report a reduction in the number of overdue and non-returned materials when eliminating overdue fees. Additionally, some libraries report an increase in the return of existing long overdue materials upon the elimination of overdue fees. Locally, McKinney Public Library reports a 12% decrease in overdue and non-returned items since eliminating overdue fees. Weatherford Public Library has a 31% decrease in these areas. Haltom City Public Library reports a 50% increase in the return of long- overdue items. A higher return rate has the financial benefit of reducing replacement costs for non- returned material. Enhanced Customer Service Circulation staff reports that almost 100% of all negative interactions (where patron expresses anger or frustration towards the Library) occur in the process of trying to collect overdue fees. By eliminating overdue fees, we can eliminate the majority of negative interactions with citizens and contribute to a more positive image of the Library and the City. As neighboring and benchmark libraries continue to eliminate overdue fees, there is an increased expectation that the NRH Library will as well — not doing so will lead to a greater perception of poor customer service. "I r*4w NOLa`C`H KIC"HLAND HILLS Efficient and Effective Use of Staff Time Overdue fees require staff time to explain, discuss, and collect the fees. Additionally, it requires staff time to balance drawers, process overdue fees, and create daily manual entries for finance. Typically, library staff spend an average of 10 hours per week collecting and processing overdue fees. During the pandemic the library is not collecting overdue fees to eliminate cash handling and possible COVID transmission. We reprioritized staff hours to provide more positive and direct services to patrons by assisting in classes and events such as Library in the Park that was part of this summer's The Mayor's Summer Reading Program ("MSRP"). Utilizing these staff hours allowed us to expand our MSRP events from 70 in 2019 to 90 in 2021. Continued utilization of staff for direct services to citizens will continue to be the priority for available staff time. Proposed Amendments to Chapter 46 Article I I I As a result of the proposed elimination of overdue fees, it will be necessary to amend Chapter 46, Article III, Section 46-63 (c) — Library charges. This section references fines and processing charges related to overdue materials. With the elimination of these fees from Appendix A - Fee Schedule, 46-63 (c) should be removed from the Code of Ordinances. Sec. 46-63. - Library charges. (a) Library cards. Library cards shall be issued free of charge to residents of the state. (b) Book replacement and material charges. For lost or damaged books, or library materials, the actual cost of the book or material plus a processing fee shall be as established in appendix A. Fees shall be subject to change annually by the director of the library upon approval by the director of finance. )e).. FiReS uand P�OGeSSH] aha�ge,9..fb� eve (Aie..- eeks....and mate4al& p he fine loin ovei4ue. books, au OGaeaellea, ..Il uls and kns:V ,)s shall be....a dgaiIT e IlueiIT day, as eslabul shed in allppeiu x A. lulua....a luroeeaa�a .. fee as eulall l shed in allppeiu lax..A ulluoiu aeeond iuoluee. and alk sulluae ;ueal iuollieea.,. (d)(c) Maker Spot charges. A fee shall be charged for use of the Maker Spot facilities. Such fee shall be as established in Appendix A. Proposed Amendments to Section 46-63 of Appendix A — Fee Schedule As a result of the proposed changes, the fees related to Chapter 46. Library appearing in Appendix A should be amended as illustrated in the tables below. Ordinance 3731 will amend Section 46-1 and Section 46-63 (c) of Appendix A - Fee Schedule. Section 46-63 (a), Section 46-63 (b), and Section 46-63 (d) will remain unchanged. "I r*4w NOKTH KICHLAND HILLS Proposed Amendment of Appendix A - Fee Schedule, Section 46-1 Section 46-1 Maximum fine/fee levels 9(� ksv yaps and CA:)s 1240 P2apeirt)aG[l Ibq()[ 6:00 3W :4a�G and Aydk)beeks 2040 Inter-Library Loans 50.00 PaYITIORIS OR 406 tO US@ GOFRi IDYt@112 9112 GhOG[-()Ut Fnater ak Gemputeir use 4: in ine greateir thain $22490 104'e Of fiR9 Ma:1811241 G�::)@G[l OYt VVl::)Olq fiR@ gireater tllnaR $24.Pg 104'e Of fiR9 Ma1811241 G�::)@G[l OYt VVl:181q1iR8 gireater tllnaR $20000 1040 Lost or stolen card replacement fee 1.00 Proposed Amendment of Appendix A - Fee Schedule, Section 46-63( 9040R 46 69(G) Pines IiDer day feir everdye ii�iatei4ak ks, audk)t)e()[l Gg II4,4s 0:30 and 9W :4ays 100 PkRg f8(4 60GORd R(#a G@feir lest er dan iaged be()[ 5:50 RECOMMENDATION: Approve Ordinance No. 3731 Amending Chapter 46, Article III of the North Richland Hills Code of Ordinances and Section 46 of Appendix A - Fee Schedule of the North Richland Hills Code of Ordinances related to library fees. ORDINANCE NO. 3731 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 46, ARTICLE III AND APPENDIX A - FEE SCHEDULE, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES RELATED TO LIBRARY FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the January 10, 2022 City Council Work Session, staff presented on the benefits of eliminating overdue fees on library materials, with a recommendation to eliminate overdue material fees charged by the City; and WHEREAS, a survey of libraries in north Texas determined that a growing number of cities have either eliminated overdue fees or are in the process of eliminating overdue fees; and WHEREAS, staff cited more equitable library access, enhanced customer service, an increase in returned materials, and efficient and effective use of staff time as driving factors behind this recommendation; and WHEREAS, changes have been recommended by staff to the library charges established by Chapter 46 of the Code of Ordinances and the City Council has concurred that such changes should be implemented; and WHEREAS, the North Richland Hills City Council now desires to modify certain fees as set forth in Appendix A - Fee Schedule. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: That Chapter 46, Article III of the North Richland Hills Code of Ordinances be amended by removing Section 46-63(c) Fines and Processing Charges and resequencing Section 46-63(d) Maker Spot Charges to become Section 46-63(c). SECTION 3: That Appendix A - Fee Schedule, of the North Richland Hills Code of Ordinances be amended by amending the fees therein established by Ordinance No. 3731 Page 1 of 5 Section 46-1 for Library charges as set forth in Exhibit A attached hereto and made a part of this Ordinance for all purposes. SECTION 4: That Appendix A - Fee Schedule, of the North Richland Hills Code of Ordinances be amended by removing Section 46-63(c) Fines Per Day for Overdue Materials and resequencing Section 46-63(d) The Maker Spot Fees to become Section 46-63(c), as set forth in Exhibit A attached hereto and made a part of this Ordinance for all purposes. SECTION 5: All other fees set forth in Appendix A. Fee Schedule not amended herein this Ordinance remain unchanged and in full force and effect. SECTION 6: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8: 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 9: The City Secretary is hereby directed to publish this Ordinance in accordance with applicable law. SECTION 10: This Ordinance shall be in full force and effective March 1, 2022. Ordinance No. 3731 Page 2 of 5 AND IT IS SO ORDAINED. PASSED AND APPROVED on this February 14, 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: Mark C. Mills, Director of Finance Ordinance No. 3731 Page 3 of 5 EXHIBIT A Chapter 46 - LIBRARY Article 111. - KEEPING LIBRARY MATERIALS PAST DUE DATE, DAMAGING LIBRARY MATERIALS Sec. 4G-G3. - Library Charges /a\ Library cards. Library cards shall be issued free of charge to residents of the state. /b\ Book replacement and material charges. For lost or damaged books' or library materials, the actual cost of the book or material plus a processing fee shall be as established in appendix A. Fees shall be subject to change annually by the director of the library upon approval by the director offinance. /c\ Maker Spot charges. A fee shall be charged for use of the Maker Spot facilities. Such fee shall beas established in Appendix A. APPENDIX A- FEE SCHEDULE, SECTION 40-1 Section 46-1 Maximum fine /fee levels Inter-Library Loans 50.00 Lost or stolen card replacement fee 1.00 Ordinance No. 3731 Page 4of5 EXHIBIT A APPENDIX A- FEE SCHEDULE, SECTION 46-63(c) Section 46-63(c) The Maker Spot Fees All fees are subject to change 3D Printers 3D Printer Filament $0.20 per gram Weight of object with no supports or rafting removed; must use provided filament. Plotter Plotter Printer Printing $2.00 per linear foot (all plotter printing jobs) Long Arm Machine Option 1 Free Users may use The Maker Spot's "M" bobbin. Bobbins stay in The Maker Spot during and 0 after use. m Option 2 $2.00 Users may purchase an "M" bobbin from The Maker Spot. Users can re-use or take the bobbin with them. Option 1 Free Users may bring their own thread. The machine requires the following thread: • King Tut (top thread) • So fine#50 bobbin thread Option 2 $1.00 per bobbin fill Users may fill a borrowed or purchased bobbin with The Maker Spot's thread. Embroidery Machine *Users must always bring their own top thread for the Embroidery Machine Option 1 Free Users may use a Maker Spot's empty bobbin. Bobbins stay in The Maker Spot during and m after use. Option 2 $1.00 Users may purchase an empty bobbin. Users can re-use or take the bobbin with them. Option 1 Free Users may bring their own top & bobbin Ca thread. Option 2 $1.50 per bobbin fill Users may bring their own top thread and purchase a prefilled bobbin. Sewing Machine Option 1 Free Users may use The Maker Spot's empty bobbin. Bobbins must stay at The Maker Spot m° during and after use. Option 2 $1.00 Users may purchase an empty bobbin. Users can re-use or take the bobbin with them. Free Users must bring their own top and bobbin Ca thread. Ordinance No. 3731 Page 5 of 5 "I r*4 R NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 14, 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: Early voting for the March Primary Election began today and continues through Feb. 25. The Dan Echols Center is not a polling location for this election. Area polling locations include: • Saint Paul Presbyterian Church, located on Rufe Snow Drive; • Tarrant County Northeast Courthouse on Grapevine Highway; and • Tarrant County College Northeast Campus Student Center on Harwood Road. Visit tarrantcounty.com/elections for early voting hours, sample ballots and more information. The Animal Adoption & Rescue Center will hold a Low-Cost Pet Vaccination Clinic on Saturday, February 27 from 10 a.m. to noon. The clinic will provide rabies shots, booster shots, city pet licenses and microchips. Please contact the animal shelter for pricing and more information. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we have a special recognition for: Seth Martin and Edgar Vidal in the Police Department — We received numerous comments of appreciation after Officer Martin and Vidal rescued a dog from a drainage ditch and then took time to fix the resident's fence so the dog could not get out again. "Thank you Officers for all that you do for humans and animals," one person wrote. Another stated, "I've never lived in another city whose police force is filled with so many kind officers. NRH PD Rocks!"