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CC 2023-03-06 Agendas
t4RH NOKTH RICH�AND HILL CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS,TX 76180 MONDAY, MARCH 6, 2023 WORK SESSION: 6:45 PM Held in the Council Workroom CALL TO ORDER 1 Discuss items from regular City 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. 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 - DEPUTY MAYOR PRO TEM DEUPREE A.2 PLEDGE - DEPUTY MAYOR PRO TEM DEUPREE Monday, March 6, 2023 City Council Agenda Page 1 of 4 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 Authorize the purchase of a 2023 Ford -350 Chassis with K V Van ode from Sam Pack's Five Star Ford using BuvBoard Contract No. 601-19 in an amount not to exceed 5 ,07 .46. B.2 Authorize the purchase of three weather stations and six inclement weather alert systems for installation at various city park site locations from Perm Weather Inc., through BuyBoard Contract 647® 1 using American Rescue Plan Act Grant Funds in the amount o 101 639. B.3 Approve esolution No. 03®013, authorizing submission of the application and acceptance o allocated funds if awarded for the Texas Governor's Office Homeland Security ivision FY2024 North Texas Anti-Gang Center Grant 343909. BA Approve Resolution No. 2023-019, authorizing submission of the grant application for the Federal Emerqencv Manaqement Agency FY0 Staffing For Adequate Fire and Emergency Response (SAF } Grant for cost of salary/benefits for 3 additional firefighter positions for 3 ears. C. PUBLIC HEARINGS Monday, March 6, 2023 City Council Agenda Page 2 of 4 C.1 ZC22-0046, Ordinance No. 3782,_Egblic hearing and consideration of a reguest from Stuart Threadgold for a zoning change from AG (Agricultural} to -1 (Single-Family evidential} at 7540 Bursey Road South, being 2.0 acres described as Tract_ 2B3,_ Alexander Hood Survey, Abstract 683. C.2 ZC23-0050, Ordinance No. 3778,._ Public hearing and consideration of a request from Rick Figueroa for a transitional parking lot at 6412 Davis E2!1lear being 6.93 acres described as Tracts A AF C1 C1 and C1 1 John H. Barlouah Survey, Abstract 130. (CONTINQ D FROM THE FEBRUARY 27, 2023, CITY COUNCIL M TINGE C.3 Conduct a public hearing and consider Resolution No. adopting the 49th Year Community Developme t Block Grant Program CA Conduct a public hearing and approve Ordinance No. 3783, amending the Fiscal Year 2022-2022.,Adopted Operating uget. D. PLANNING AND DEVELOPMENT D.1 PLAT23-0032 Consideration of a reguest from Stuart Threadgo d for a fingL_2Lat of Lots 9and 10, Block 1, Oak ale Addition, being_2.Oacres located at 7540 Bursey oad South. E. PUBLIC WORKS F. GENERAL ITEMS F.1 Consider Ordinance No. 3784 amending and restating Article 11, of Chapter 58, Municipal Court of Record of the City's Code of Ordinances to establish a Code Enforcement Court and establish an administrative proc ess cess for code enforcement and nuisance abatement cases in the North Richland Hills Municipal Court, and amend Appendix A, Fee Schedule, to adopt related fees. 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 - ASSOCIATE MAYOR PRO TEM TURNAGE H.1 Announcements Monday, March 6, 2023 City Council Agenda Page 3 of 4 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, March 3, 2023 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, March 6, 2023 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: March 6, 2023 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: March 6, 2023 Subject: Authorize the purchase of a 2023 Ford E-350 Chassis with KUV Van Body from Sam Pack's Five Star Ford using BuyBoard Contract No. 601- 19 in an amount not to exceed $52,072.46. Presenter: Zane Ryan, Fleet Services Manager Summary: This is for the purchase of a 2023 Ford E-350 Chassis with KUV Van Body in the amount of$ 52,072.46. It is recommended to purchase this 2023 Ford Van from Sam Pack's Five Star Ford through the BuyBoard Contract No. 601-19. General Description: This vehicle purchase is designated for the new HVAC Technician position within the Facilities Department. This vehicle purchase is funded through the FY 2022-2023 Adopted Budget for Fleet Service's Non-Public Safety Vehicle Operating Account. 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. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. The City has conducted previous business with Sam Pack's Five Star Ford numerous times and had favorable results. Recommendation: Authorize the purchase of a 2023 Ford E-350 Chassis with KUV Van Body from Sam Pack's Five Star Ford using BuyBoard Contract No. 601-19 in an amount not to exceed $52,072.46. P_0.Box 400,Austin,Texas 76767 FBoard800.695.2 19-info@buyboard.com -buyboard.corn --- November 1, 2021 Sent via email to: bidt:x@ pford.com Alan Rosner Sam Pack's Five Star Ford 1635 IH 35E Carrollton,TX 75006 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 lisa.maraden@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 isa.inara en@tas .or .We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Lisa Maraden Contract Administrator final renewal v.02.13.2020 Endorsed by TASAVf„ o ?, - AaPstin, TX 78767-0400' 600.6 s. ,sr9/ 1 . 7. 2 Fam: 00,211.s451s baayboar .coo November 6, 2019 Sent Via Email: bidtx@spford.com Alan Rosner Sam Pack's Five Star Ford 1635 IH 35E Carrollton,TX 75006 Welcome to BuyBoard! Nye: 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 purchase order directly from a Cooperative member is not within the guidelines of the Cooperative.Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, aill purchase orders roust be processed through the BuyBoard in order' to comply. Please forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded)vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program.If you have any questions, please contact Cg9ppra,tive ProcUrgn3gnj Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 The Local Government Purchasing Cooperative is endorsed by the Texas Association of school Boards, Mh Tc . Texas Municipal League„Texas Association of Counties,and the fPxas Association of School Administrators. Vendor Name Sam Pack's Five Star Ford Contact Alan Rosner Phone Number 9724465031 Ernoi| bidtx@spfnndznm VVebsite vmxwv.spfordzom/commercio| Federal ID 75 10U7322 Accepts RFQs Yes Address Line 1 1635 |H35E Vendor City Carrollton Vendor Zip 75006 Vendor State TX Vendor Country USA Delivery Days 120 Freight Terms FOB Destination PaymentTenns Net 3Odays Shipping Terms Pre-paid and added to invoice Ship Via Common Carrier Is Designated Dealer No EDG&R Forms Received Yes Sewice'Disa bled Veteran Owned No Minority Owned No Women Owned No Is National Yes No Excluded Foreign Terrorist Opgs Yes No Israel Boycott Certificate Yes IsK4VV0E No Regions Served All Texas Regions States Served A|| States Contract Name Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts, and Service Labor Contonct# 601-19 Effective Dote 12/01/2019 Expiration Date 11/30/2022 Service Fee Note Vehicle purchase orders are subject tna $4U0 service fee Quote Reference Number 601'19 Return Policy Customer has S days to inspect and return vehicle 6/30/20228:55AM ew Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454'buyboard.com P"Rt POSER'S AGREEMENT AND SIGNATURE Proposal hlaMg, Vehicles, Heavy Duty Trucks, Pro os Due Date O enin Date andl Time: Police Motorcycles, Parks, and Service Labor August 1,2019 at 4:00 PM Locption of Pro qsal m enin Texas Association of School Boards,Inc. BuyBoard Department Proposal Number: 601-19 12007 Research Blvd. Austin,TX 78759 Anticipated Cogg erat've Board Meeti'ru Date: Contract Tirne Period: December 1, 2019 October 2019 through November 30, 2020 with two(2) possible one-year renewals. Sam Pack's Five Star Ford 08/ 019 Name of Proposing Company Dat 1635 I H 35 E 0 , Street Address Signa oriz mpan Official Carrollton Texas 75006 Alen J Rio ner City,State,Zip Printed Name of Authorized Company Official 972.446.5031 x6 Director Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 972.245.5278 75-1007322 Fax Number of Authorized Company Official Federal ID Number Page 9 of 161 Proposal Forms COMM/S//CS v.05.15.2019 r oard Cooperative,Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •buvboard.com VENDOR CONTACT INFORMATION Name of company: Sam Pack's Five Star Ford Vendor Proposal/Contract Contact Name: Alan J Rosner Vendor Proposal/Contract Contact E-mail Address: bidtx@spford.com - alanr@spford.com Vendor Contact Mailing Address for Proposal/Contract Notices: PO BOX 110098 Carrollton Texas 75011 Company Website: www.spford.Com Purchased 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- El I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: bldtX@Spford.COm Purchase Order Contact: Alan Rosner Phone: 972.446.5031 Alternate Purchase Order E-mail Address: alanr@spford.Com Alternate Purchase Order Contact: Alan Rosner Phone: 972.446.5031 ❑ 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. eg,u st r+0uotes ("RF0 ): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: bidtx@spford.Com RFQ contact: Alan Rosner Phone: 972.446.5031 Alternate RFQ E-mail Address: ala.nr@spford.com Alternate RFQ Contact: Alan Rosner Phone: 972.446.5031 Page 11 of 161 Proposal Forms COMM/SVCS v.05.15.2019 ar 78oard Cooperative Purchaslag 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •buyboard.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBo rd website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: W Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: PO BOX 110098 Department: FLEET City: Carrollton stet : Texas zip code: 75011 Contact Name: Shauna Hood phone: 972.446.5031 Invoice Fax: 972.245.5278 Invoice E-mail Address: bidtx@spford.COCYI Alternative Invoice E-mail Address: SllOod@SpfOrd.COn1 ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: Bulling agent Mailing address: Department: City: State: Zip Code: Filling Agent Contact Flame: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing AgentE-mail Address: ❑ In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealer(s) receiving the purchase order(s) to which the invoiced service fees relate at the address and contact information designated on my company's Dealer Designation form as provided to the Cooperative administrator.** **If Vendor authorizes a billing agent or Designated Dealer(s) to receive,and process,service fee invoices, In accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including,but not limited to,payment of all service fees under any Contract awarded Vendor. Page 12 of 161 Proposal Forms COMM/SVCS v.05.15.2019 Oar& Woope Cooperative Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454'hg board.com FELONY CONVICTION DiSCLOSURE AND DEBARMENT CERTIF'1+cAl' ON FELONY CONIVICTIONDISCLOSURE Subsection (a)of Section 44.034 of the Texas d�ucaution Code (Notification of Criminal History of Contractor) states:"A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b):"A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check( )one of the following: [� My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) My company is not owned or operated by anyone who has been convicted of a felony. My company is owned/operated by the following individual(s)who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature Belo belgo,I certify that the above information is true, complete and accurate and that I am authorized by my c4op flcation. Sam Pack's Five Star Ford Company Name n � Alan J Rosner Sig pany�Official Printed Name DEBARMENT CERTIFICATION en owner or principal of my company has been debarred, suspended or otherwise made ineligible for 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 erti ation. m Pack's Five Star Ford Company Name Alan J Rosner Signatur Ize ompa y Official Printed Name Page 13 of 161 Proposal Forms COMM/SVCS v.05.15.2019 Mr oard op erative Purchasing, 12007 Research Boulevard•Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454'buvboard!.corn RESIDENT NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a"resident"proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident"proposer is a person who is not a Texas resident. Please indicate the status of your company as a"resident" proposer or a"nonresident"proposer under these definitions. Please check N)one of the following: I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonlresid'ent Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name Address City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or VENDOR EmPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company,or majority owner employ at least 500 people in Texas? Please check(d)one of the following: ❑ Yes ❑ No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment Certification) above Is true, complet nd accurate and that I am authorized by my company to make this certification. Company Name Sig ture of on zed Co 0 idal Printed Name Page 14 of 161 Proposal Forms COMM/SUCS v.05.15.2019 r� ard Cooperative Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 - PH:800-695-2919 ' FAX:800-211-5454. oard.com No ISRAEL BC9Y'cowCERTIFICATION Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. (TEx. Gov`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. TEx.GWr CODE§808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Sam Pack's Five Star Ford Company Name Alan J Rosner Signatu f Au Co pany.Official Printed Name If REP does of Ish to make this certlflcatlon,return the blank form In Ileu of a completed certlflcatlon. No EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIREATrON Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization—specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certific. ion i rue, lete and accurate;and that I am authorized by my company to make this certification. Sam Pac 's Five Star Ford Company Name _\ Alan J Rosner Sig ature f uthoany Official Printed Name Page 15 of 161 Proposal Farms COMM/SVCS v.05.15.2019 a aoardo wooperative Prutaftasiag 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454•bulb a�rd , HISTORICALLY U. NIDERUT'ILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or"MWBE" and all referred to in this form as a "HUB'J 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(A all that aooly: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned' Business (veteran defined by 38 U.S.C. §1011(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. Sam Pack's Five Star Ford Company N . Alan Rosn Printe Name fn Sign tore of A Offi jai 7 Page 16 of 161 Proposal Forms COMM/SIGs v.05.15.2019 ,wrW Coo,PsAmok I 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •ILyybo rd,.,q9rn, CONSTRUCTION-RELATED GOODS AND SERVICE'S AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory'), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This (BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services procurement Act(Chapter 22544 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboardaeon/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services,whichever comes first. Sam Pace's Five Star Ford Company Name Alan J Rosner Signature of Authorized Company Official Printed Name Date Page 17 of 161 Proposal Forms COMM/SVCS v.05.15.2019 -mard' Cc rative Purchasing 12007 Research Boulevard•Austin,Texas 78759-2439 • PH:800-695-2919 ' FAX:800-211-5454•buvbogard.corn DEVIATION AND COMPLIANCE NCE 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. wwwmommwmuam�wwwwuwuwwuwuwiw mmo��o�mmom��uwuuuwuwmmmmm Qlease che*M one of true following inforrm"natioin pirresented by the vendor accepted ley Bu.:yiiyr:mard. ❑ Flo, D ationsNJ Yes° Devlavons tam:n ni W Bu.�rk tt c ICc�I3( Bu:yi3oard Contract Admm'a'iMstrator List and fully explain any d iations you are submitting: ,,,,,,, Some vehicles are no longer available from Ford and therefore are being no-bid. LEASE PagVIDE JJJE F+DLIL WING INFORMATION: 1.Shipping Via: ❑Common Carrier ❑Company Truck ❑ Prepaid and Add to Invoice ❑ Other: Professional Drivers or wheels up transport 2.Payment Terms: X Net 30 days ❑ 10%in 10/Net 30 days ❑Other: 3.Number of bays for Delivery: 90-120 ARO 4.Vendor Reference/Quote Number: S.State your return policy: Customer has 5 days to inspect and return vehicle. 6.Are electronic payments accep I'e? Yes ❑ No 7.Are car a cre ble?❑Yes ] No Saar ' �ive �`ta'��° ord Compa Nam e Alan J Rosner Signatur of A ed Co►"rw 'any vial Printed Name Page 18 of 161 Proposal Forms cOMMiSKS v os.15aoi9 ddpft Mid U rd oape r tivi fin- 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •L)gy. ,oardS.,corn LoCATION� AUTHORIZED SELLER USTINIGS 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. No other locations Company Name Address City State Zip Phone Number Fax Number Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person Page 19 of 161 Proposal Forms COMM/SVCs v.05.15.2019 �r Uard cooporative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 ,buvboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers') 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. None Designated Dealer Name Designated Dealer Address City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach'4w-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 20 of 161 Proposal Forms COMM/SVCS v.05.15.2019 mill "L �r 0 'amard 0 cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 ` PH: 800-695-2919 ' FAX: 800-211-5454'bu bboard.com TEXAS REMNAL SERVICE DEsrGNATION 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 roust indicate the specific regions you will service on this form. Ifyou propose to serve different regions for different products or services Included In your proposal,you must complete and subm/t a separate Teas Reglonal Service Designation form for each group of products and clearly Indicate the products or services to wh/ch the desJgnation applies In the space provided at the end of this form. By designating a reglon or reglons, you are certifying that you are authorized and willing to provide the proposed products and services In those reglons. Designating reglons In which you are either unable or unwilling to provide the specified products and services shall be grounds for either refectlon of your proposal or,If awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members(i.e.,if you will service only states other than Texas),you must so indicate on this form. Regional Education Service Centers I Will service Texas Cooperative members i..._ statewide. "$' ❑ I Will not service Texas Cooperative members statewide. I Will only service members in the I•. j»� , , regions checked below: aggipin ea uarters ^�"1 . ' 1 Edinburg i.- :.r.•I N 2 Corpus Christi „1 .w ., �"a° ,µ1 ❑ 3 Victoria A �� N'�. .'" ❑ 4 Houston 5 Beaumont ,M° �-� �! ❑ 6 Huntsville a I ;.` ;— _� ❑ 7 Kilgore `-` "`I W~ P,�y Yr� ❑ 8 Mount Pleasant I ".� ' — �.u. """' ,� ❑ 9 Wichita Falls i %a'' ❑ 10 Richardson ❑ 11 Fort worth .� ❑ 12 Waco �`�_ Y ❑ 13 Austin -(� I ❑ 14 Abilene ry `T ❑ 15 San Angelo r-ter ❑ 16 Amarillo Sab Pad s Fi a Star Ford ❑ 17 Lubbock ❑ 18 Midland Co pang Na e ❑ 19 El Paso ❑ 20 San Antonio Sign ture of riz d rl Official Ala osne ❑ I will not service members Printed Name of the Texas Cooperative. Page 21 of 161 Proposal Forms COMMJSVCS v.05.15.2019 �r ard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454 •t)Uy r ,rd.. oni 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 hVCooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •buvboard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members,be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded,termination of your Contract. Please check(/) all that apply: I will service all states in the United States. ® I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ❑ Nevada ❑ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 &20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑ Tennessee ❑ Kentucky ❑ Texas ❑ Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 23 of 161 Proposal Forms COMM/SVCS v.05.15.2019 aoard Cooperative Parcbasing 12007 Research Boulevard•Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454• buvboard.com This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a cj4adnd roposal. Sam Pack's Five Star Ford Company Name Alan J Rosner Signy Official Printed Name If tn 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 COMM/SVCS v.05.15.2019 ar Uard Cooperative Purchasing' 12007 Research Boulevard •Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 °buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR/"'A ARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer(referred to in this Agreement as"Vendor')agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative') awards Vendor a contract under this Proposal Invitation ("Underlying Award'), the National Purchasing Cooperative ("National Cooperative's may - but is not required to -"piggy-back"on or re-award all or a portion of that Underlying Award ("Piggy-Back Award'o. By signing this National Cooperative Vendor Award Agreement ("Agreement', Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator ("BuyBoard Administrator') 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 hmooperative Purchasing, 12007 Research Boulevard •Austin,Texas 78759-2439 - PH:800-695-2919 , FAX: 800-211-5454 41 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 Agreeme . S Pack F v S ar Ford 601-19 Nate of Ve, o Proposal Invitation Number Alan J Rosner Si �thorize any Official Printed Name of Authorized Company Official 08/23/2019 Date Proposal Forms Comm/Svcs v.05.15.2019 Page 26 of 161 do oard hwCooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •buvboard.com FEDERAL AND STATE STATEI PURCIHA INN COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $ . (The period of the 12 month period is / ). 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. CURRENTrOR AWARDED PURCHASING VENDOR? IF YES, LIST YEARS COMMODITY GROUP IY A VENDOR d 1. Federal General Services Administration NO 2.T-PASS (state of Texas) YES Vehicles 3. U.S. Communities Purchasing Alliance NO 4. National IPA/TCPN NO 5. Houston-Galveston Area Council (HCAQ NO Yes - 2010-2018 Vehicles 6. National Joint Powers Alliance (NJPA) NO 7. E&I Cooperative NO 8. The Interlocal Purchasing System (TIPS) N O 9. Other Tarrant County Vehicles ❑ MY COMPANY DOES NOT CURRENTLY HAVE: ANY OF THE ABOVE OR simrLAR TYPE CONTRACTS. RRENT B YBOARD VENDO 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(%): 2.5 Proposed) Discount (%): 3 ®. Explanation: Proposal Forms COMM/SVCS v.05.15.2019 Page 27 of 161 oard Cooperative Prrrehasirxg 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 . FAX: 800-211-5454' g board.com By signature belo I ertify that the above is true, complete and accurate and that I am authorized by my company to make this certi atio aa.m Pack's Five STar Ford Company Name Alan J Rosner ignature mpany.official Printed Name Proposal Forms COMM/S/CS v.05.15.2019 Page 28 of 161 'Ofta • a tr WCooperative Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454,b bout, ardcom GOVERNMENTAL REFERENCES For your Proposal to be considered,you must supply a minimum of five(5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1 City of Dallas - Santiago Sollis 214.671.9395 Volume over 2000 z.City of Richardson - Ernie Ramos 972.744.4421 - Volume over 100 3.Town of Flower Mound - Deats Stewart 817.229.6725 Volume over 100 4.Texas Smartbuy - Vendor Performance Website - Volume over 10,000 5.Tarrant County - Cooperative - Jack Beachum - 100 E Weatherford Ft.Worth 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 K If YES, please explain: Government Pricing is a function of Ford's discount. reicat7oVn. I t the above is true and correct and that I am authorized by my company to make this cve r Ford omp y a Y re of Authorized m any Official Alan J Rosner Printed Name Proposal Forms Comm/Svcs v.05.15.2019 Page 29 of 161 LOS— �roard Cooperative Putahas;ing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454' bu bo_ and coin MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategyyou will use f the Cooperative accepts all or part of your Proposal ( gym /e Exp/ain haw your cpmpany wr//rnid /ly rnfoma Coo rod members of y_ rr Buy rd contract;grid how you wdl con;�nue,to support BuyBcrdtq_r fe,dura6on afthentractpenadJ Attach additional pages if necessary. Our responsibilities for marketing rest with our team getting the word out to our over 1700 customers who have purchased vehicles from us since 2004. Our first co-operative contract came by way of the state of Texas in 2005 and we have sold between 1500 and 2200 vehicles annually. This includes our E-Media and website advertising as a vendor not to mention our presence at the various trade shows across the state. S Pac Five r F d Co pany Name' Sig ature Authorized o pany Official Alan J Rosner Printed Name Proposal Forms COMM/SVCS v.05.15.2019 Page 30 of 161 rr r cooperative Purchasing 12007 Research Boulevard •Austin,,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 bu board.com CON FIDENTIAL I PROPRIETARY INFORMATION A. Publlic Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et, seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check N)one of the following: NO,I certify that none of the information included with this Proposal is considered confidential or proprietary. YES,I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded"YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential/ Proprietary Information: (Attach additional sheets if needed.) Proposal Forms COMM/SVCS v.05.15.2019 Page 31 of 161 Uard 12007 Research Boulevard ,Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •buyboard.,com S.Copyright Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check W)one of the following: NO, Proposal(including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information. ElYES, Proposal (including forms, documentation,or other materials submitted with the Proposal)does contain copyright information. If you responded"YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) C.Consent to Release Ctanfid ntial Pro : Couyright Inforrnati n to BuyBoard Mlembers 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. Q nlsent to Release!Pro sal Tabu tion Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Sam Pack's Five Star Ford Company Name Signature of Authorized Company Official Alan J Rosner Printed Name 08/23/2019 Date Proposal Forms COMM/SVCS v.05.15.2019 Page 32 of 161 oard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •buyboard.com VENDOR BUSINEss NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of proposing Company: Sam Pack's Five Star Ford (List the f /name of the company seeking to contract with the Cooperative. Do NOT list an assumed name,dba,aka,etc.here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods 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(V)one of the following: Iryppe of Business: Individual/Sole Proprietor Corporation Limited Liability Company xxx Partnership Other If other, identify State of Incorporation (if applicable): Federal Employer Identification Number: 75-1007322 (Vendor must include a completed IRS W-9 form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note. 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),if applicable,must be attached.) Sam Pack's Five Star Ford of Carrollton Proposal Forms COMM/SVCS v.05.15.2019 Page 33 of 161 1111111 Request for Taxpayer Give Form to the Form (Rev.November2017) II�t`11tIfICc�°�1CiI�' Number n �flfl'C 'fI''Ci requester.Do not Department of the Treasury Send to the IRS. Internal Revenue Service ►Go to wwWJrS gov/FormW9 for instructions and the latest information. 1 Name(as shoXvn on your income tax return).Name is required on this line;do not leave this line blank. I I V rd. 2 Business nametdisregarded entity name,if different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Che71� 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see a instructions on page 3): ° ❑ Individuallsole proprietor or ❑ C Corporation VSS Corporation ❑ Partnership ° Exempt payee code(if any) y single-member LLC n c ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partner `02 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 C c LLC if the LLC is classified as asingle-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) M another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that o- is disregarded from the owner should check the appropriate box for the tax classification of its owner. w 73 ® Other(see instructions)► (Applies to awounts maintained outside the U.S.) rn 5 Address(number,street,and apt.or suite no. See instructions. Requester's name and address(options P D D � 6 City,state,and ZIP'code 'TX 5D 1 7 List account number(s)here(option) Taxpayer Identification Number(TIN Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other e entities,it is your employer identification number(EIN).If you do not have a number,see How 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 Employer identification number Number To Give the Requester for guidelines on whose number to enter. EM Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. 56r1J�j�� U Here Date► Instructions sit t IC#� 1"IS •Form 1099-DIV(dividends,including those from stocks or mutual General funds) Section references are to the Internal Revenue Code unless otherwise a Form 1099-MISC(various types of income,prizes,awards,or gross noted, proceeds) Future developments.For the latest information about developments a Form 1099-B(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.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose orm •Form 1099-K(merchant card and third party network transactions) •Form 1098(home mortgage interest),1098-E(student loan interest), An individual or entity(Form W-9 requester)who is required to file an 1098-T(tuition) information return with the IRS must obtain your correct taxpayer a 1099-C(canceled debt identification number(TIN)which may be your social security number Form ) (SSN),individual taxpayer identification number(]TIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number Use Form W-9 only if 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 Form W 9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form -9(Rev.11-2017) a uard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454 •tit,Y oard.corn EDGAR VENDOR CERTIFICATION (2 CFR Dart 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 of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative complete and initial the applicable boxes and sign the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as "NO,"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. Vendoor 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 Vendor's return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s) If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms COMM/SVCS v.05.15.2019 Page 34 of 161 oard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454 •b eM~d.coil 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, `Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at w ol.cgov. 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 Dade Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms COMM/SVCS v.05.15.2019 Page 35 of 161 DwCooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •IN.7:bo 1, sgrr,;, 7. Clean Air Act and Federal Water pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. [debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. +9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) --Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with,the Byrd Anti-Lobbying Amendment (31 USC 1352). 10. procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separaite 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 oard hwCoopefativePurchaslay 12007 Research Boulevard •Austin,Texas 78759-2439 - PH:800-695-2919 ' FAX: 800-211-5454'l:-a board Im. 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Veiid r '�E , I �gree or Vendor Certi catl�ri:Ifiern;NU. ... ;I.da IV(1T'a' rye Inittal 1. Vendor Violation or Breach of Contract Terms YES AJ R 2. Termination for Cause or Convenience YES AJR 3. Equal Employment Opportunity YES AJR 4. Davis-Bacon Act YES AJR 5. Contract Work Hours and Safety Standards Act YES AJR 6. Right to Inventions Made Under a Contract or Agreement YES AJ R 7. Clean Air Act and Federal Water Pollution Control Act YES AJR 8. Debarment and Suspension YES AJR 9. Byrd Anti-Lobbying Amendment YES AJR 10. Procurement of Recovered Materials YES AJR 11-Profit as a Separate Element of Price YES AJR 12. General Compliance and Cooperation with Cooperative Members YES AJR By signs re be w, I fy that the information in this form is true, complete, and accurate and that I am authorized by my co any toK a this certi cation and all consents and agreements contained herein. Sa P oFiv' S ' r Ford Com any am Signat re o Authorized mop Official Alan J Rosner Printed Name Proposal Forms COMM/S/CS v.05.15.2019 Page 37 of 161 uard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 ,buyboard.com PROPOSAL INVITATION UES'TIONNAIRE 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. Sam Pack's Five Star Ford was established in February of 1980. The government sales division was formed in 2004 and began selling on contract that year. ------------- 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. Alan Rosner has been with SPF for 16 years. His fleet managers have been working for him for at least 5 years or more. 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. The dealership currently has a floor plan limit of over forty million dollars. This is enough to support any business capital required. Proposal Forms COMM/SVCS v.05.15.2019 Page 38 of 161 AOM DwCooperative Purchasing 12007 Research Boulevard'Austin,Texas 78759-2439• PH: 800-695-2919 ' FAX: 800-211-5454'bu bo�.cori 4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. No. S. 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 flrm's past or present owners, principal shareholders or stockholders, officers,agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim,and resolution or current status. None 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 this ce ification. Sa Pack's iv tar ord Comp ny Name Sig ture of on'pany I I Proposal Forms Comm/Svcs v.05.15.2019 Page 39 of 161 do oard DwCapperativeParchasing 12007 Research Boulevard'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454' board„com REQUIRED FORMS CHECKLIST (Please check(V)the following) Co�gtd,; 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 Completed: No Excluded Nation or Foreign Terrorist Organization Certification Completed: Historically Underutilized Business (HUB)Certification) Com Ip eted: Construction Related Goods and Services Affirmation Completed: Deviation/Compliance Completed: Location/Authorized Seller Listings Completed: Manufacturer Dealer Designation Com Ip eted: 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 Com Ip eted: Marketing Strategy Completed: Confidential/Proprietary Information Co m Ip eted: Vendor Business Name with IRS Form W-9 Completed: EDGAR Vendor Certification Completed: Proposal Invitation (questionnaire Com leted: Required Forms Checklist ❑ Completed: Proposal Specification Form with Catalogs/Pricel ist,Manufacturer Authorization Letters, Franchise Motor Vehicle Dealer Certifilcate from Texas Department of Motor Vehicles,Applicable Dealer License and Vehicle Options List Ala/og�/Pr/cellsts.mustbe submltteow/t/i pmp®sat rL'sponse or respori ,w/1/nofbe mnsldeid Proposal Forms COMM/S/CS v.05.15.2019 Page 40 of 161 w aoi off " " ew '� ° w a'�+ y � - ° m >a o A y '—' o m v ?° y `" o io.°` v �' y ' E =N m m E =N and ya o w = io m y O ,al m H v o e v' v m n ri 1O °" v ° a n L6 a y rn `w Q. 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G rr GJ n e v p c C In Ln LLn n AM e Cooperative Purchasing Marn 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454.www.bi wboard.corn THE LOCAL GOVERNMENT PURCHASING COOPERATIVE [DDENDuim No. 1. Proposal Invitation No. 1-1' 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: I. Proposal Invitation Forms; Vendor Contact Information. On the Vendor Contact Information form, _Invoices,the third included option for Vendors to authorize service fee invoices to be provided 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, voiices 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 ("In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent...'). II. 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. Service 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 r thanhe 901h a a the I ina i voice date (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 Invitation 601-19 Page 1 of 2 rr Aloft Air(8) Go perative Purchasing uara 12007 Research Boulevard ,Austin,Texas 78759-2439- PH:800-695-2919 ' FAX: 800-211-5454 .WWyy buvboarLom 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 other documentation regarding those Purchase Orders as the Cooperative's administrator may require in its reasonable discretion. 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 Name: Sam Pacl 's Five Star Ford Address: 1635 i H 3 rro It An Texas 75006 Signature of Authorized Director Company Official: Title: Telephone Number: 88. 3 .33 ®ate: 0 /2 /2019 Addendum No.1,Proposal Invitation 601-19 Page 2 of 2 e oard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454`www.bu board.com THE LOCAL GOVERNMENT PURCHASING COOPERATIVE ADDENDUM No. Proposal Invitation No. 6 1-191 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: PROP SAL SPECIFICATION FORM 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. p r rt 1�LAJbtC� VeFlmcles i ." v r ?x m !' �✓ i t ✓ r�i 1 i nr r i ✓, 4 i 1 r l Hai P ".��PeGI$led ✓ r r x r a r l K i t 'ir1� 'fj r y r t u y e 1 q y s rr ° x y 1 7 '. ti r� , s � r � �iJy!�.4�py�y�H��➢ �sy�.�g..yWFr�y,�, n �1f y�`;�,.�f� �i s l'` " �i4�e ' Items" d Vehicle ` E (inclusref all uehicte, rld lutlori `nd Htlotlel ,,T .., „1 4t11 D "s rl tliClr1 �, ' fees EXCEPT d`e`�ive _fee a: r � ' 1`l V � � f➢t Tl Options may be No Bid selected by the Cooperative member at the time of order. Auitocar DC64 -Cab and Vendors must Autocar chassis, Conventional Cab, submit all DC64 Cab Cummins L9 300 HP with No Bid manufacturer upgrade options 4A Autocar and Chassis, Allison 3000 Series, 5 speed $ for this model Conventional transmission,complete with including Cab manufacturer's standard alternative fuel equipment(CNG, equipment. LPG,Hybrid,etc.) on a separate sheet per Section II of this proposal. 2, Mitsubushi Trucks/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 aru re l ce with diesel engine only. b. Line Items 286-289: DOHC 4-cylinder turbocharged gas engine is deleted and re2_1aggd with 6.OL V8 gas engine with 297 HP. Addendum No.2,Proposal Invitation 601-19 Page 1 of 2 e � oard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 , PH: 800-695-2919 • FAX:800-211-5454•wLAN baayboard.com 3. Police Motorcycles- Proposal specifications have been revised to include line item 348A with specified model listed below. eQr •Pdrli .l�lotlr ,1Paralta eie ` 8rad ase�Pldel PceNeicl tertti (Inclusive oL aNl vehicle fees Cite: rand: O�r�loat5 aNnd t+lta.,� l crdel .. ,. _ Faall sdri tEWo IXCEPT=tlelroe.�.f e _ ,.,an '.Model ''e0i fMledt . Options may be No Bid selected by the cooperative member of order. Yamaha FJR1300 P at the timeustsu Vendors must submit Yamaha Police Motorcycle- 1298 all manufacturer FJR1300 P cc, liquid-cooled, DOHC No Bid upgrade options for 348A Yamaha Police inline 4 cylinder, 16 valve $ this model including Motorcycle engine,equipped with alternative fuel equipment(CNG, standard police equipment. LPG, Hybrid,etc.)on a separate sheet per Section II of this ro osal. PROPOSAL-DUE DATE 1. The proposal due date has been extended to August 29,, 20,19, at 4.0 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: Sam P ck"s Five Star Ford Address. 1635 IH 5E rr one, Texas 75006 Signature of Authorized Director Company Official: Title: Telephone Number: 888.835.3389 Date: / / 01 Addendum No.2,Proposal Invitation 601-19 Page 2 of 2 Vepe -"hard arative Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 •PH: 800-695-2919•FAX:800-211-54541 www.buvboard.com THE LOCAL GOVERNMENT PURCHASING COOPERATIVE AODFN©l.m No. Proposal Invitation Nu. 601-1 Vehicles, Heavy Duty Truce, 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: PROPOSAL SPECIFICATION F RM For the following manufacturer,the detailed specifications for base model vehicles/trucks have been added. 1. Freightliner 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: Sam Pc 's Five Star Ford Address: 1635 1 H ar 1 top, Texas 7006 Signature of Authorized Director Company Official: Title: Telephone Number: 888.835. 389 ®ate: 08/28/ 01 Addendum No.3,Proposal Invitation 601-19 Page 1 of 4 c c c •2- xt�c4 0 o wl 10 cyEco> o o p o ox oC y M � � °� d � � CJ N CUm . N ma 0 v m n• n CD � O "_ 'cnEEar3 ^ EEcL:5L6 '�"EEcL:5 O Q• ° U! C/ a N C7 Gl a s N 0 W a s N i S} c E L" v u m v0i c E 0 o v w u'° c E a i�v mm V OCL a y c +. a >. o o c + o a cCL ., o a of N} « aw w +dOJ'� t;�. 'o •�Lki E •E O'D N 1OQ E ov m mnE > c l�u j' "O wno" a En EnpNOo v n n n nNO N OB o E$ aw o o OUfLW o o O 8 o E:-E S o m C O a K .� E E o E a n a cr CL a t ' V oF- n a 3 ® m 7 c rn c ,�� �s L. 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Nc r .d ra:3 M c rn CL CL 10'' m cr fA tA 0 ++ a wi a s ` a Ln 0 •� � b o � o o e d of m N ^ E ai n .. o io .•, ,� .. : v Ln rq 3 � ro C) N tj oro c c:2 c " .o c d V L CCk O us s � c � oi�n °�' o � c o `o ° 8 c � , LM } Ln v a o v C rl s. tD d i o c m •w o i yN a r r 4 9 cad 'O f�0 W a '® O =f LIJ N N O O O 10 ul cn �CU 0_ ° 10 °i ° CL u E IS O mNW ® �c £an wa vo w CDCD = O 41 ®n' �CD ro Ln > v. rn 'o s 41 a aro u rnc w� CL w oo LU tn a c •- c c`o� nm0 m = rnn o Q c w o c w nCL O O o c w C E ro.LL F L � ' fn NrLn `r , ce Z d 01y u v x On� 6� FN�S7' C . qp, -1 - o d 73 AA L. Ae co tm N O O -C . Ln CL CL a`"i E u ® v F n Mtn > a �, m 2 o tla �r y3 O ^O. ® u 16 CL O $'+ O n+, v Q. O f6 C m Ai ® L. 1=O 0. O O uO . O C O Q;I. COI ', , f6 N I Ri. VU4CD b ` L p u p u O u C c C O O O O O y r > > ... Ct a`Ii u c u u ar N L. In 't„. 3 P § y' L .Q IR9 �1P tA O'A'' vi � m ro y O a) , cu m C a t o. m .. cSygr c CD w o ti N N '[p > rn NFL "q y r w O a) O = QD A.. d M. (O c n p o '. O v d G m aNi c o C u o a) d "L`:r a N - O U .... U d to to c c u a a� c tn v ® '' c v Nei4cl= a c o e p� j io °m +o 'io 0- - o` +�Mu E u Op +1 N_ O( 10 p� O O i- N O O `- N O! N N i CL a, =.. O u J W ^L Q Z S tCi Z S � OC n.. U- S f— p_ O O { A O U tn 0 N U_ u it C C Q7 0 Z m L ty + cCU t o c .� Q c 'Ia `oI CL ` a c a� a wj: °o J � gQ c � o% co M ® r+ Manufacturer's Certification ITB 01-071-000-C, Motor Vehicles THIS IS TO CERTIFY THAT Sam Pack's Five Star Ford IS THE MANUFACTURER (RESPONDENT'S NAME) OR A MANUFACTURER'S AUTHORIZED DEALER OF Ford Motor Companv (MANUFACTURER/BRAND NAME) IN THE STATE OF TEXAS FOR BOTH RETAIL AND COMMERCIAL VEHICLES. BY: MANUFACTURER NAME: Ford Motor Company ADDRESS: 18900 Michigan Avenue, Dearborn, MI 48126 TELEPHONE NUMBER: 313-390-1058 E-MAIL: randersl@f_ord.com AUTHORIZED SIGNATURE: ` TITLE: Government Sales Manager PLEASE NOTE: THIS CERTIFICATION FORM MUST BE EXECUTED BY AN AUTHORIZED EMPLOYEE OF THE MANUFACTURER ONLY. DEALERS / REPRESENTATIVES ARE NOT AUTHORIZED TO EXECUTE THIS CERTIFICATION FORM ON BEHALF OF THE MANUFACTURER. THE MANUFACTURER MUST EXECUTE THIS CERTIFICATION FORM EVEN IF THEY ARE OFFERING THEIR OWN PRODUCTS. FAILURE TO SUBMIT THIS CERTIFICATION FORM WITH THE RESPONSE AS REQUIRED SHALL RESULT IN THE DISQUALIFICATION OF THE RESPONSE. XX H WH � VWi z W O x o O M H z tn3 o o ¢ H W y c A n W • d u > c O �W ^ A ¢ z AF W cn fa a. WUj f� W N ® w V U O O N U LLI U O ¢ > ` 0 ¢ a M ®w Z w I-- ¢ Q ¢ ® ®0.4 r � ® C/I LL W M ® m a a z a D cli w U z W O w >,o O ® H 0-4A -, ® AW W xj z O z 'A H- A W LL. ®UGo r^7' O > x z J TWO o® V ui 41 > as H W v, z Fo ® W M ® z 04 w o o A O ® ¢ v 3 ¢ a ® AU J a ¢ ® ® OL. Uwe �j A u a e ® W 5Ln B � L+4 wo Q QaQ O n aX 0 ® Q H C7w � cn P.O. Box 400,Austin,Texas 787a aou6es.2m/a ~mro@umyusa,m.cam~mvybvarm.com October 21. 2822 Sent via email to: bid1txCcDsPford.com Alan Rosner S8nn Pack's Five Star Ford 1835 |H3SE Carrollton TX 75000 Re: Vehicles, Heavy-Duty Trucks, Police K8Otnrcydeo' PartS, and Service Labor BuyBOapd Contract No. OO1-19 The Local Government Purchasing Cooperative (BVyBOord) awarded your company a contract under Contract NO. 601-19' Vehicles, Heavy-Duty Trucks, Police Motorcycles, Parts, and Service Labor, for which the current term is set to expire November 30, 2022. We previously notified you that, in accordance with the General Terms and Conditions of the CoNh@ct. BuyE9oe[d intended to consider extensions to this contract on a month-to-month basis after the expiration of the current term until o successor contract is awarded. We are writing to inform you that, at this time, BuyBoond is extending your contract on a nn0nth- t0-rnonth basis beginning December 1. 2022. All discounts, terms, and conditions of your contract will remain the same, If you agree to this extension, there is nothing you need to do. However' if you do not agree to this extension, you must notify nnG vie email at on or before November 3O. 2O22. BuyBoord expects to issue e new proposal invitation for Vehicles, Heavy-Duty Trucks, Police Motorcycles, Parts, and Service Labor in2O23, Please keep on eye out for the proposal invitation, as you must submit e proposal to have the opportunity to be considered for award on future contracts.You will be separately notified when your current contract(Contract No. 601-19)expires which in all events, regardless of whether notice is provided or received, shall be no later than the last day before the start date of the successor contract, |f you have questions, please contact rneot \&e appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Connie VVBurkett, CTSBD TASB Department Director, Cooperative Operations ~ T��4� �� Endorsed by ��� �0�� | [�� `' `^~' `' ��� w�� � ~�� "KH NOKTH 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 Sam Pack's Five Star Ford("Vendor") and the City of North Richland Hills,("Customer"or"Authorized Customer"),a Texas government entity,and a Customer authorized to purchase goods or services pursuant to the Agreement between the Buy Board (Cooperative Entity") and Vendor, Contract No. 601-19, as amended, (the "Agreement")with an expiration date of November 30,2022,and month-to-month extensions until a successor contract is awarded.This Customer Agreement includes and shall be governed by(i)the terms and conditions of the Agreement,which are incorporated herein by reference and available online at hops;/Iapp.buyboard.com/Shop/Vendors/Details?ld=1564 or upon request from Vendor,(iii) the attached Vendor Quote/Purchase Order No.N/A,if applicable,and(lii)the Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills Contracts,if applicable, all of which are attached hereto and/or incorporated herein by reference.Authorized Customer is eligible and desires to purchase Vehicles,HD 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 Customer Agreement shall not exceed $52,072.46("Purchase Price"). Term-The Term of this Customer Agreement("Term")shall be for one of the following as selected below(Select the type of contract that applies). R Single Purchase Contract—The Term 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. Supply/As Needed Contract—The Term shall be effective as of October 1"and shall expire on September 301h at the end of FY 22-23.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 Multi-Year Contract—The Term shall be for Number of years year(s)expiring on Expiration Date.This Customer Agreement maybe 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 not 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. CI 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 sere 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 Rider-Select if Vendor has additional terms and conditions that apply to this purchase) O Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills, Texas--if this purchase contains additional terms 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 Vendor's terms and conditions,and such Government Rider shall 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 performance 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 Date day of Month 20 22. [Signature Page Follows] NRH Cooperative Purchase Customer Agreement, Page 1 of 2 CA-CONTRACT NO,PUR0002_20220107 Vendor Name: ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: Sam ack's F' e I r Ford: APPROVED:I certify that funds are currently available By: for this purchase. Name.. J Rosner i r 'to r r'eDirector rec ❑ (Check the box if$3,000 or less) Title:Directo 0 Date-:02/22/2023 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: Alicia Richardson,City Secretary/Chief Governance Officer By: Traci Henderson,Assistant City Secretary NRH City Council Action: Y❑ N ❑ 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 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-967005 SAM PACK'S FIVE STAR FORD CARROLLTON,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 12/23/2022 being filed. NORTH RICHLAND HILLS Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 601-19 FLEET VEHICLES 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION ` / My name is S�U'I`!�� L (9 r C_ and my date of birth is My address is Y, 2G- C"re (L1r C)dO l 2 Uf (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in CA l 1 CL County, State of on the,2.?day of f?C 20.: (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 Sam Flach's Five S far Ford 1635 S.1H 35E Carrollton Texas,7,5006 (888)8 FLEE 7-9(888-8353389)_FAX972-245,5278 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks Team Members-Kevin Moore-Jessica Wooten-Jorge Guerra-Alan Rosner BuyBoard-601-19 End User: NRH Sam Pack's Rep: KEVIN MOORE Contact: ZANE RYAN Date: 2.17.23 Contact TN/Email Phone# Product Description: 2023 Ford E-350 Chassis with KUV Body(STOCK) Color Code WHITE A. Bid Line# 144 Base Price: $ 25,070.00 B. Published Options(itemize Each Belo Code Descri tion Bid Price Code Description Bid Price VINYL INTERIOR INCLUDED FRAME PUCKS $ 50.00 16'SPORT WHEEL COVER $ 120.00 99K 7.31-V8 $ 350.00 DUAL BATTERIES $ 2457- 4.56 REG AXLE INCLUDED 11 OV A/C OUTLET $ 100.00 HIGH-SERIES EXT UPGRADE PKG $ 100.00 REIVITE KEYLESS ENT/ALARM $ 250.00 903 POWER WINDOWS/LOCKS GROUP $ 465.00 GASOLINE FFV $ 335.00 43E REARVIEW CAMERA $ 495.00 BUCKET SEATS INCLUDED SPARE TIRE/WHEEL $ 270.00 VINYL FLOOR COVERING INCLUDED USER DEFINED SWITCHES $ 85.00 CRUISE CONTROL $ 240.00 TRAILER TOW PKG CASS 1 $ 135.00 POWER TRAILER TOW MIRRORS $ 230.00 Total of B.-Published Options i$ 3,470.00 C. Dealer Published Options Code Description Bid Price Code Description Bid Price KUV-PKG $ 21,755.00 KUV129SL included Trailer Plug included LED COMPARTMENT LIGHTS included Class V Hitch included Solid Bulkhead-No Glass included Total of C.-Dealer Published Optionsl$ 21,755.00 D. Off Menu Options Code Description Bid Price Code Description Bid Price -- --0 Off Menu Options limited to 25%of Published Price Current% 0.00% Total of D.-Off Menu Options ro0 Delivery Charges 20 Miles @$1.49/mile $ 29.80 Floorplan Expense 30 Days $7.54 Per Diem r-226.33 Lot Insurance Expense 30 Days $7.54 Per Diem $ 226.33 Manufacturer Delivery Fee $ 1,295.00 Total Each _52,072.46 Quantity Ordered 2 X F= $ 104,144.91 Administrative Fee $ 400.00 Trade In Allowance-Non-Equipment debits and credits $ - TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $104,54471' IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: Authorize the purchase of three weather stations and six inclement weather alert systems for installation at various city park site locations from Perry Weather, Inc., through BuyBoard Contract #647-21 using American Rescue Plan Act Grant Funds in the amount of$101,689. PRESENTER: Adrien Pekurney, Director of Parks and Recreation SUMMARY: This item is for the purchase of three (3) weather stations and six (6) inclement weather alert systems to be installed at various park site locations in North Richland Hills. GENERAL DESCRIPTION: This project identifies strategic locations for three weather stations and six audible weather alert systems at identified parks and recreation facilities within North Richland Hills. The weather stations would be located at Iron Horse Golf Course, NRH2O Family Water Park and Green Valley Park. The weather stations will collect real-time, site-specific conditions for more accurate monitoring and alerting, real-time weather metrics, and air quality monitoring. The weather stations provide real time portable lightening detection and alerts along with advanced weather radar software with high-definition weather and lightening detection radar which indicates precipitation and lightening patterns for proactive safety decision making. Along with the three weather stations, six initial high utilization parks and facilities have been identified to house audible weather alert systems at the identified site. The weather stations communicate with the alert systems to activate an audible alert at the site. The audible weather alert systems would be located at: Northfield Park, Green Valley Park, Cross Timbers Park, Walker's Creek Park, Richland Tennis Center, and Richfield Park. These sites were selected based on the volume of youth and adult recreational sports activities with a high number of spectators present during practices, games and events. Staff obtained the system quote from Perry Weather, Inc., in the amount of $101,689. The amount includes three weather stations, six alert systems, installation and a two-year hardware warranty. The funding source for this purchase is through an American Rescue Plan Act ("ARPA") Grant. IrLp NOKTH KICHLAN HILLS Purchasing these items through the BuyBoard Cooperative program satisfies any state law requirements for competitive bidding. RECOMMENDATION: Authorize the purchase of three weather stations and six inclement weather alert systems for installation at various city park site locations from Perry Weather, Inc., through BuyBoard Contract#647-21 using American Rescue Plan Act Grant Funds in the amount of $101,689. MRH NORTH R.ICHLAND 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 Perry Weather, Inc.. ("Vendor")and the City of North Richland Hills,("Customer"or"Authorized Customer"),a Texas government entity,and a Customer authorized to purchase goods or services pursuant to the Agreement between the BuyBoard ("Cooperative Entity")and Vendor, Contract No. BuyBoard#647-21, as amended, (the "Agreement")with an expiration date of 09/30/2023. This Customer Agreement includes and shall be governed by(i)the terms and conditions of the Agreement, which are incorporated herein by reference and available online at https://app.buyboard.com/Shop/Vendors/Details?ld=5040#ContractDocuments or upon request from Vendor, (iii) the Vendor Order Form and Quote which are attached hereto and incorporated herein by reference,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 and/or incorporated herein by reference. Authorized Customer is eligible and desires to purchase three weather stations, six audible alert systems, installation, software and warranty 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 tothe 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 Customer Agreement shall not exceed $101,689.00("Purchase Price"). Term-The Term of this Customer Agreement("Term")shall be for one of the following as selected below(Select the type of contract that applies): ® Single Purchase Contract—The Term 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. ❑ Supply/As Needed Contract—The Term shall be effective as of October 1'and shall expire on September 30'h at the end of FY 22-23.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. ❑ Multi-Year Contract—The Term shall be for Number of years year(s)expiring on Expiration Date. This Customer Agreement may be renewed for Number of Renewals. Customer Agreement shall be with a single vendor for products and services. If the amount of expenditures under this Multi- Year Contract equals or exceeds$50,000 in the aggregate,City Council approval is required. In the event the City does not 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. ❑ 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 Rider-Select if Vendor has additional terms and conditions that apply to this purchase) ❑ Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills, Texas— If this purchase contains additional terms and conditions from the Vendor, other than those set forth in the Agreement, the Vendor shall separately execute the Government Contract and Purchasing Riderfor 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 Vendor's terms and conditions,and such Government Rider shall 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 performance 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 8th day of February 20 23 . [Signature Page Follows] NRH Cooperative Purchase Customer Agreement, Page 1 of 2 CA-CONTRACT NO. PUR0002_20220107 Vendor Name: Perry Weather, Inc. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: Perry (Weather,Inc.: APPROVED: I certify that funds are currently available By: for this purchase. Nam : James Skidmore ❑ (Check the box if$3,000 or less) Title: Chief Operating Officer Date: 2/21/2023 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: Alicia Richardson,City Secretary/Chief Governance Officer By: Traci Henderson,Assistant City Secretary NRH City Council Action: Y❑ N ❑ Date Approved: Agenda Item No: Ord/Res No. APPROVED TO FORM AND LEGALITY: By: Maleshia B.McGinnis, City Attorney By: Thomas McMillian,Assistant City Attorney NRH Cooperative Purchase Customer Agreement, Page 2 of 2 CA-CONTRACT NO. PUR0002_20220107 Vendor Name: Perry Weather, Inc. MFt6H NO TH KICHLAND HILLS GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY OF NORTH RICHLAND HILLS,TEXAS By submitting a response to a solicitation or bid, or by entering into a contract for goods or services and/or by accepting a purchase order, the Contractor, Consultant, Vendor, or other party identified below (collectively "Contractor'), agrees that the terms and conditions herein shall govern all agreements with the City unless otherwise agreed to by a specifically executed provision within the contract or purchase order, provided same is permissible by law. The terms are conditions herein are BINDING and SUPERSEDE any and all other terms and conditions whether oral or written in any separate agreement or found on Contractor's website or other electronic platform. APPLICATION. This GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY OF NORTH RICHLAND HILLS, TEXAS("Government Rider')applies to, is considered a part of, is incorporated into,and takes precedence over any conflicting provision in, or attached to,the Response to Solicitation or Bid, Contract or Purchase Order,Agreement for Purchase or Sale,Standard Terms and Conditions, Quote, Invoice,or other applicable agreement of the Contractor(collectively the"Agreement"),to which this Government Rider is attached and described as follows: Title of Agreement with Additional Terms: Weather Stations and Inclement Weather Alert Systems—Perry Weather Quote/Order Form Legal Name of Cooperative Contractor: Perry Weather Consulting, Inc. Legal Name of Third-Party Contractor(if applicable)(if not applicable enter N/A): N/A Description of Goods or Services("Goods or Services"): three weather stations,six audible alert systems, installation,software and warranty Cooperative Agreement: BuyBoard#647-21 Total Contract Price:$ 101,689.00 Notwithstanding any language to the contrary in the attached Agreement between Contractor and the City of North Richland Hills("City"), individually referred to as a"party"and collectively referred to as the"parties,"the parties stipulate by evidence of execution of this Government Rider below by a representative of each party duly authorized to bind the parties hereto,that the parties hereby agree that the provisions in this Government Rider below shall be applicable to and shall modify and supersede the Agreement as set forth below: SECTION 1. TIME FOR PAYMENT AND INTEREST. The City's payments under the Agreement, including the time of payment and the payment of interest on overdue amounts,are subject to Chapter 2251 of the Texas Government Code. Payment shall be due within thirty(30)days of(i)the date of the City's receipt of the goods under the Agreement; (ii)the date the performance of the services under the Agreement are completed; or(iii)the date the City receives an invoice for the goods or services, whichever is later. Interest on any overdue payment shall not exceed 1% plus the prime rate as published by the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday.The City reserves the right to modify any amount due to the Contractor presented by invoice to the City if necessary to conform the amount to the terms of the Contract,the Texas Government Code or this Government Rider. To the extent the Agreement requires the City to agree to a higher rate of interest than allowed by law, or to incur penalties or late fees prior to 30 days before receipt of invoice or services, any such requirements shall be null and void, are hereby deleted from the Agreement and shall have no force or effect. SECTION 2.INDEMNIFICATION; LIABILITY; NO FUTURE DEBT. 2.1 Multiyear Contracts. If the NRH City Council does not appropriate funds sufficient to make any payment for a fiscal year after the City's fiscal year in which the Agreement becomes effective, and there are no proceeds available for payment from the sale of bonds or other debt instruments,then the Agreement shall automatically terminate at the end of the fiscal year for which funds were appropriated, in accordance with Section 5, Article XI of the Texas Constitution. The City shall have the right to terminate the Agreement at the end of any City fiscal year,without any penalty to the City, if the City Council does not appropriate sufficient funds to continue the Agreement to the next fiscal year.The City shall provide Contractor with as much advance written notice of such termination as is reasonably possible, but not less than thirty(30)days. 2.2 No Future Debt. In compliance with Section 5,Article XI of the Texas Constitution, all payment obligations of the City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable during the Term of the Agreement, or in any renewal year of the Agreement, the City shall have the right to terminate the Agreement, except for those portions of funds which have been appropriated prior to termination. To the extent the Agreement requires the City to agree to the creation of future debt for which funds are not appropriated, any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. 2.3 INDEMNIFICATION AND LIABILITY. CONTRACTOR SHALL BE LIABLE FOR,AND SHALL INDEMNIFY AND HOLD THE CITY ITS OFFICERS, AGENTS, EMPLOYEES,VOLUNTEERS,AND REPRESENTATIVES(collectively"CITY INDEMNITEES") HARMLESS FROM ANY INJURY, LOSS OR DAMAGE DUE TO,OR ARISING OUT OF,THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF CONTRACTOR. TO THE EXTENT THE AGREEMENT REQUIRES THE CITY TO INDEMNIFY, DEFEND AND/OR HOLD CONTRACTOR OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, VOLUNTEERS, OR REPRESENTATIVES (collectively the "CONTRACTOR INDEMNITEES") HARMLESS, THE CITY SHALL NOT BE REQUIRED TO DEFEND ANY CONTRACTOR INDEMNITEE UNDER THE AGREEMENT AND THE CITY SHALL ONLY INDEMNIFY OR HOLD ANY INDEMNITEE HARMLESS TO THE EXTENT PERMITTED BY APPLICABLE LAW,AND ONLY TO THE EXTENT SUCH INJURY, LOSS, OR DAMAGE IS DUE TO THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF THE CITY. THE CITY SHALL NOT BE UNDER ANY OBLIGATION TO CREATE ANY SINKING FUND TO SATISFY ANY OBLIGATION TO INDEMNIFY UNDER THE AGREEMENT. NOTWITHSTANDING ANY OF THE FOREGOING,IN NO EVENT SHALL THE CITY'S LIABILITY EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CITY UNDER THE AGREEMENT FOR THE PREVIOUS TWELVE MONTH PERIOD. IN NO EVENT SHALL Government Contract and Purchasing Rider CA-CONTRACT NO. PUR0006-20220107—Rev 3/7/2022 For Contracts with the City of North Richland Hills,TX Vendor Name: Perry Weather Consulting, Inc. Page 1 of 3 EITHER PARTY BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES UNDER THE AGREEMENT. THIS PROVISION SHALL SUPERSEDE ANY OTHER PROVISION OF CONTRACTOR IN ANY SEPARATE AGREEMENT,TERMS AND CONDITIONS,QUOTE OR INVOICE. SECTION 3. TERMINATION. Notwithstanding Section 2 above, and unless otherwise specifically agreed to by the parties, either party may terminate this Agreement by providing thirty (30) days prior written notice of such termination to the other party. Termination pursuant to this Section shall not relieve the Contractor of any obligation or liability that has accrued prior to cancellation. City shall pay Contractor for any services performed up to the effective date of such termination. This Agreement is subject to termination, without penalty, at any time the City deems the Contractor to be non-compliant with contractual obligations. Unless otherwise specifically agreed to by the parties in writing,to the extent the Agreement requires the City to (i) agree to a shorter termination period than thirty (30) days; (ii) agree to automatic renewals not included as a part of the "Term of the Agreement"listed above in this Government Rider;or(iii)incur a termination penalty,any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 4. INSURANCE. The City is a Government entity under the laws of the state of Texas, and pursuant to Chapter 2259 of the Texas Government Code,"Self-Insurance by Government Units,"the City is self-insured and therefore is not required to purchase insurance.The City shall not be required to purchase an insurance policy under this Agreement.Any such requirement in the Agreement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.The City will provide a letter of self-insured status as requested by Contractor. SECTION 5. CONFIDENTIALITY. The City is a Government entity under the laws of the State of Texas and all documents or information held or maintained by the City are subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code(the"Act"). To the extent any provision in the Agreement attempts to prevent the disclosure of information that is subject to public disclosure under federal or Texas law, including any provision that prohibits disclosure of the terms and conditions of the Agreement, such provision is invalid. Any such requirement in the Agreement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 6. TAX EXEMPTION. The City shall not be liable to Contractor for any federal, state or local taxes for which the City is not liable by law, including state and local sales and use taxes, pursuant to Section 151.309 of Title 3, Texas Tax Code, and federal excise tax, pursuant to Subtitle D of the Internal Revenue Code.Accordingly,those taxes shall not be added to any goods or services under the Agreement. The City shall furnish a copy of the applicable tax exemption certificate upon request from Contractor. If the City is billed for any taxes not in compliance with this Section 6, the City shall be authorized to remit payment less the taxes imposed. SECTION 7. GOVERNING LAW AND VENUE.This Agreement and the rights and obligations of the parties hereto shall be governed by,and construed in accordance with the laws of the United States and the state of Texas, exclusive of conflicts of laws provisions.Venue for any suit brought under this Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent this Agreement is required to be governed by any state law other than Texas or venue in any jurisdiction other than Tarrant County, any such requirement in the Agreement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 8.ATTORNEYS' FEES; PENALTIES; LIQUIDATED DAMAGES:The City shall only be liable for attorneys'fees for breach of this Agreement to the extent such attorneys' fees are reasonable and necessary and equitable and just as authorized by Section 271.153 of the Texas Local Government Code. To the extent the attached Agreement requires the City to pay attorneys' fees for any action contemplated or taken, or to incur penalties or liquidated damages in any amount not authorized by Section 271.153, any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 9. SOVEREIGN IMMUNITY. Nothing in the Agreement, or herein in this Government Rider, constitutes a waiver of the City's sovereign immunity. To the extent the Agreement requires the City to waive its rights or immunities as a government entity, any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 10.ASSIGNMENT. To the extent the Agreement addresses the right to assign any rights or interest in the Agreement to another party, such right of assignment shall be reciprocal, and neither party shall have the right to assign or transfer any of its rights or interests in the Agreement without the express prior written consent of the other party. Notwithstanding,the Contractor shall have the right to assign the Agreement to any entity in which it is a recognized legal affiliate or subsidiary or which such entity obtains a majority interest without the consent of the City; however, Contractor shall give the City at least thirty(30)days'written notice of any such assignment or transfer of interest. SECTION 11. RIGHT TO TRIAL BY JURY. The City reserves its right to settle disputes by trial by jury. Any such provision in the Agreement that requires the City to waive its right to a trial by jury shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 12. ALTERNATIVE DISPUTE RESOLUTION. To the extent the Agreement requires all disputes to be resolved by binding arbitration, any such provision shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. Prior to instituting litigation under the Agreement, the parties may agree to mediation upon written mutual consent. Any such mediation shall be governed by the applicable rules of the American Arbitration Association,with mediation being held in Tarrant County, Texas. Each party shall share equally in the costs of the mediator, and shall be responsible for its own attorney's fees and expenses. SECTION 13. LIMITATION ON CLAIMS.Any claim for breach of this Agreement shall be brought within four(4)years in accordance with Texas Civil Practices and Remedies Code Sec. 16.004 and Texas Business and Commerce Code Sec. 2.725. To the extent the Agreement requires a shorter period for limitation on claims,any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 14. FORCE MAJEURE. Either party may terminate this Agreement and shall not be liable for any alleged damages or loss due to failure to perform its obligations under this Agreement if the performance is delayed or canceled by reason of a Force Majeure event, including but not limited to, war; civil commotion; acts of God; inclement weather; Government restrictions, regulations, or interferences; fires; labor strikes; material shortages; lockouts, national disasters; epidemics; pandemics; riots; transportation restrictions; or any other circumstances which are reasonably beyond the control of the party. Government Contract and Purchasing Rider CA-CONTRACT NO. PUR0006-20220107—Rev 3/7/2022 For Contracts with the City of North Richland Hills,TX Vendor Name: Perry Weather Consulting, Inc. Page 2 of 3 SECTION 15. RIGHT TO AUDIT. The City shall, until the expiration of three(3)years after final payment under the Agreement, have the right to access and the right to examine and photocopy any directly pertinent books, documents, papers and records, whether electronic or hardcopy(collectively"Records")of Contractor involving transactions under this Agreement to ensure compliance herewith. The City shall have the right to access Contractor's Records during normal working hours and shall provide Contractor with reasonable advance notice of intended audits,but not less than ten(10)business days. SECTION 16. SUCCESSORS AND ASSIGNS. The parties each bind themselves and their successors, executors, administrators and assigns to this Agreement and to all covenants of this Agreement hereafter. SECTION 17. CITY'S LOGO OR MARKS.The City's logo is protected by applicable federal and state copyright and trademark laws. Contractor may not use the City's name in a demeaning,obscene or detrimental manner as determined by the City in its sole discretion,and Contractor shall not use the City's logo in any manner,except as specifically approved by the City in writing. SECTION 18. RIDER CONTROLLING: If any provisions of the attached Agreement, conflict with the terms herein of this Government Rider, are prohibited by applicable law,conflict with any applicable rule,regulation or ordinance of the City,the terms in this Government Rider shall control. By signature below of an authorized representative,the parties hereby accept and agree to the terms and conditions set forth in this Government Rider. CITY OF NORTH RICHLAND HILLS: Perry Weather,Inc. By: By: Mark Hindman James Skidmore City Manager Chief Operating Officer Date: Date: 3/1/23 ATTEST: By: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: By: Maleshia B. McGinnis City Attorney Government Contract and Purchasing Rider CA-CONTRACT NO. PUR0006-20220107—Rev 3/7/2022 For Contracts with the City of North Richland Hills,TX Vendor Name: Perry Weather Consulting, Inc. Page 3 of 3 perry9weather ORDER FORM CUSTOMER Customer Name City of North Richland Hills Customer Address 4301 City Point Drive North Richland Hills, TX 76180 Exempt from Sales Tax? If your entity is exempt from sales tax,please email an exemption certificate to illin j )jZgLCyjK,2ther,,corn to remove sales tax from your invoices. Perry Weather Rep PRIMARY CONTACT EMAIL INVOICES TO Full Name APekurney@nrhtx.com Accounts Payable Email Title Parks and Rec Director Other Email(s) Email apekurney@nrhtx.com Phone 817-427-6605 ORDER INFORMATION Quote# 20230131-170812976 Itemized Pricing See attached quote Initial Term: Start Date April 1,2023 Initial Term: End Date March 31, 2028 Billing Frequency To be paid in full April 2023 Billing Method Email Additional Notes This Order Form is governed by the terms of Perry Weather Terms&Conditions('PW Terms")available at https://perryweather.com/legal-terms.The PW Terms are hereby incorporated into this document by reference.Prices listed for products and services on the Quote and/or ordered hereunder may not include any applicable taxes.Subscriptions purchased under this Order Form may be billed in advance according to the Billing Frequency listed above and will renew according to the PW Terms.By signing below,you represent and warrant that you have the full authority to enter into this Order and the PW Terms on behalf of Customer. Customer: Perry Weather: By: By: J�i� `i2e�z Name: Mark Hindman Name: James Skidmore Title: City Manager Title: Chief Operating Officer more signatures to follow on next page ATTEST: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney N R H Council Action Y / N Date Approved Agenda No Ord/Res No City of • • Weather Safety System 4301 City Point Drive Quote created:January 31,2023 North Pichland Hills,TX76180 Quote expires: May 1,2023 Comments f rom Brooks Middleton Buy Board ® #647-21 Quote provides the following;3 Weather Stations& 6 OWS w/PA * -1 WxSt *Green -1 WxSt + 1 OWS *NPH20 -1 WxSt *Northfield -1 OWS *Walkers Creek park-1 OWS *Cross T i -1 OWS *Richfield Park-1 OWS *Richland is Center-1 OWS *85 mobile app& software user accouns to be distributed as you see fit. *All system features included (Met Support, Ply, etc.) Products & Services Name Qty Unit price Total Outdoor Warning System (OWS) 6 $8,SOO.00 $51,000.00 III :a iry rir i< ." Ir7rx<slkcrir<b III IIaslh i no Strobe, =',.„IIIli aitcalc;cxy calcn,.ac;based "Yirncsw/T�nIIII 14-1cnriry We ntIrnc:r scft.rrrraitc: *Au.tarrnat.c:d& Aain,.mllllytitI(.J(.;Jc-.rc-.'d t.,.„rt:cnirrnu c:z�;T�nr:C.0 c:r'tAirrnc-'s Name Qty Unit price Total Weather Station Standalone (iron Horse & WrH2O) 2 $4`499�00 $8,998l)0 ~T�mp��ture�Hurnidity Heat |ndex ~VVind5pes'd& Dircction ~VVindC"hiU ~Pracipitation ~Evapotnsnspinstion ~Historioa|data ~H1D5ky Camc�ra Weather Station with Existing OVV5 (Green Valley Park) l $1.499�00 $1.499�00 ~T�mp��ture�Hurnidity Heat |ndex ~VVind5pes'd& Dircction ~VVindC"hiU ~Precipitation ~Evapotnsnspinstion ~Historioa|data ~H1D5ky Camc�ra Assisted Installation Outdoor Warning System (OVV5) & 8 $899�00 $7]9Z00 Stand Alone Weather Stations Two)standa|onevveotherstations+6Owl) Software subscription l $31.0M00 $31.0M00 5ubsoriptionis$775 per unit. ($775x8=$6,200peryesrx5forpaidujpfiront=$3l000) ~1,\4ob11eapp&oornputerdashboardaooess ~85tota| uFoera000unts for city&(.Jo|fstaff ~VVid��for Websites ~24/7 5upport|ine(oaU&emai|) ~Tcxt alerts for |i(.Jhtnin(.J, hest.Wind, nsin.etc ~Livensdar&forecasts "Mrtua|tnainin(.J&dedioatedA000untAana(.Jer provided ~PA With oustorntcxtto speech fcoture(rnanua|&auto) ~|ntegnatevvith |ronHorse(.Jo|foartstoprovidea|erts Two-Year Hardware Warranty 8 $250�00 $2.0M00 ~Brin�stota|vvarrantyto5yeors ~�4aintenan��Upkeep�5ervioeooveredbyPVV Subtotals One-time subtotal $101.689�00 Total $101,689.00 *City of NPH responible for providing lift or bucket truck for install if needed. Questions? Contact me Brooks Middleton Manager brooks(L-'tperryweather.com 214-364-6166 ° P.O. Box 400,Austin,Texas 78767 AWBOard 800.695.2919 •info@buyboard.com • buyboard.com July 29, 2021 Sent Via Email: colin@perryweather.com Colin Perry Perry Weather Consulting 1355 Motor Circle Dallas, TX 75207 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative ContractAward;Proposal Invitation No. 647-21, Emergency Alert and Voice Broadcast Communications Systems Congratulations, The Local Government Purchasing Cooperative(Cooperative) has awarded your company a BuyBoard@ contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of October 1, 2021 through September 30, 2022 and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 647-21 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s).You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard,you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyBoard vendor. On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919 (select option"2"). Sincerely, Arturo Salinas Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.02.01.2021 Endorsed by 10"® TASA C�� ?r. National Purchasing Gooperatiuc Endorsed by 93 Vi;rank Assr741.kdon ----------------- July 29, 2021 Sent Via Email: colin@perryweather.com Colin Perry Perry Weather Consulting 1355 Motor Circle Dallas, TX 75207 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Award;Proposal Invitation No. 647-21, Emergency Alert and Voice Broadcast Communications Systems Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard@ contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of October 1, 2021 through September 30, 2022 and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 647-21 at www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders from National Cooperative members must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a National Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a National Cooperative member that you have reason to believe has not been received by the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.com A list of National Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. On behalf of the National Cooperative,we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919 (select option"2"). Sincerely, Arturo Salinas, Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Procurement Administrator for the National Purchasing Cooperative v.02.01.2021 /%/O%/O%O%0%%%%////////00/��/��������mram��•ooiioaioaaa P.0. Box 400,Austin, Texas 78767-0400 800.695.2919•buyboard.com &578oard � tj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: Emergency Alert and Voice proposal Due Date/Opening Date and Time: Broadcast Communications Systems March 11, 2021 at 4:00 PM Location of Proposal Openina: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 647-21 12007 Research Blvd. Austin,TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time Period: October 1, 2021 through 3uly 2021 September 30, 2022 with two (2) possible one-year renewals. Perry Weather Consulting 02/09/2021 Name of Proposing Company Date 1355 Motor Circle V�%, (pjr„� Street Address Signature of Authorized Company Official Dallas, TX, 75207 Colin M. Perry City, State, Zip Printed Name of Authorized Company Official 469-546-5082 CEO Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 469-546-5082 46-1579205 Fax Number of Authorized Company Official Federal ID Number Page 10 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � kJ U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com The proposing company("you"or"your') hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers,General Terms and Conditions,attachments/forms, item specifications, and line items (collectively"Requirements'); 2. By your response ("Proposal') to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any part of your Proposal and awards you a contract,you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and S. Any misstatement,falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 11 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � tj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION Name of Company: Perry Weather Consulting Vendor Proposal/Contract Contact Name: Colin Perry Vendor Proposal/Contract Contact E-mail Address: colin@perryweather.com Vendor Contact Mailing Address for Proposal/Contract Notices: 1355 Motor Circle Dallas, TX, 75207 Company Website: www.perryweather.com Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: -1 I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: billing@perryweather.com Purchase Order Contact: Colin Perry Phone: 469-546-5082 Alternate Purchase Order E-mail Address: lames@perryweather.com Alternate Purchase Order Contact: James Skidmore Phone: 469-546-5082 ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes("RFQ"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: colin@perryweather.com RFQ Contact: Colin Perry Phone: 469-546-5082 Alternate RFQ E-mail Address: fames@perryweather.com Alternate RFQ Contact: James Skidmore Phone: 469-546-5082 Page 12 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � tj V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: ■❑ Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: 1355 Motor Circle Department: Accounting City: Dallas State: TX Zip Code: 75207 Contact Name: Colin Perry Phone: 469-546-5082 Invoice Fax: 469-546-5082 Invoice E-mail Address: billing@perryweather.com Alternative Invoice E-mail Address: info@perryweather.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent": Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: **If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance with the 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 ofall service fees under any Contract awarded Vendor. Page 13 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � tj V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corn FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code(Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check N)one of the following: ❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) ■❑ My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Perry Weather Consulting Company Name Colin M. Perry Signature of Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549,"Debarment and Suspension,"as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true,complete and accurate and that I am authorized by my company to make this certification. Perry Weather Consulting Company Name V'C4,, , �Pi►n Colin M. Perry Signature of Authorized Company Official Printed Name Page 14 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � kJ V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident" proposer or a "nonresident" proposer under these definitions. Please check(i/)one of the following_ ❑■ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name Address City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or % VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner(i) has its principal place of business in Texas; or(ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas,does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check N)one of the following: ❑ Yes ❑ No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Perry Weather Consulting Company Name V--f . %, (J" Colin M. Perry Signature of Authorized Company Official Printed Name Page 15 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � kJ V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter into a contract with a value of$100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEX. Gov'T CODE Ch. 2270). Accordingly,this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on,or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T CODE§808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation,that this certification is true,complete and accurate,and that I am authorized by my company to make this certification. Perry Weather Consulting Company Name Colin M. Perry Signature of Authorized Company Official Printed Name Note; If Vendor does not wish to make this certification,return the blank form in lieu of completed certification, NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization —specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below,I certify and verify that Vendor is not on the Texas Comptroller's list identified above;that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Perry Weather Consulting Company Name Colin Perry Signature of Authorized Company Official Printed Name Page 16 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � tj V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or"MWBE"and all referred to in this form as a "HUB") 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(1/) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned Business(veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: X❑ 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. Perry Weather Consulting Company Name Colin Perry Printed Name V�%, ft��' Signature of Authorized Company Official Page 17 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � kJ V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory"),Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative.This BuyBoard contract does not include such services.Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboard.com/Vendor/Resources.asDxx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory,and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements,and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services, whichever comes first. Perry Weather Consulting Company Name V,f, , ��� Colin M. Perry Signature of Authorized Company Official Printed Name 02/09/2021 Date Page 18 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � kJ V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above,your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check(1/) one of the following_ ■❑ NO; Deviations ❑ YeS; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑■ Common Carrier ❑ Company Truck ❑ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: ■❑ Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: 21 ARO 4. Vendor Reference/Quote Number: No. 647-21 5. State your return policy: All hardwareandsoftwaresalesarefinal. 6. Are electronic payments acceptable? ■❑Yes ❑ No 7. Are credit card payments acceptable? ❑Yes ❑■ No Perry Weather Consulting Company Name Colin M. Perry Signature of Authorized Company Official Printed Name Page 19 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � tj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com LOCATION /AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Company Name Address City Zip Phone Number Fax N Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person Page 20 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � kJ U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers')to receive Cooperative member Purchase Orders on Vendor's behalf,you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion,to refuse addition of, or request removal of,any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Address City Zip Phone Number Fa Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 21 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � kJ V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as"Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. Ifyou propose to serve different regions for different products or services included in your proposal,you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region or regions,you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers 0 I will service Texas Cooperative members statewide. ❑ I will not service Texas � Cooperative members statewide. I will only service members in the regions checked below: Region and Headquarters � 1 Edinburg E ��71 ❑ 2 Corpus Christi a < ❑ 3 Victoria m t � ❑ 4 Houston 4 ❑ 5 Beaumont OD-6 Huntsville �.. ❑ 7 Kilgore � ,' `� ❑ 8 Mount Pleasant ❑ 9 Wichita Falls ❑ 10 Richardson ❑ 11 Fort Worth �;;�� .,a,� ❑ 12 Waco J ❑ 13 Austin ❑ 14 Abilene ❑ 15 San Angelo � ��" ❑ 16 Amarillo Perry Weather Consulting ❑ 17 Lubbock ❑ 18 Midland Company Name ❑ 19 El Paso rg, %- ��JZM ❑ 20 San Antonio vrVIL Signature of Authorized Company Official Colin M. Perry ❑ I will not service members of the Printed Name Texas Cooperative. Page 22 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � Cooperative Purchasing 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 23 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � tj V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members, be sure that you complete the Texas Region/Service Designation form.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services in those states Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check(1/) all that apply: ■❑ I will service all states in the United States. ❑ I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ❑ Nevada ❑ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118&20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑ Tennessee ❑ Kentucky ❑ Texas ❑ Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 24 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Perry Weather Consulting Company Name Colin M. Perry Signature of Authorized Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 25 of 63 Proposal Forms COMM/SVCS v.12.19.2019 &578oard � kJ V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation,a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative,you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer(referred to in this Agreement as"Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative') 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.12.19.2019 Page 26 of 63 &578oard � tj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria,Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative,and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Perry Weather Consulting 647-21 Name of Vendor Proposal Invitation Number r � X, Colin M. Perry Signature of Authorized Company Official Printed Name of Authorized Company Official 02/09/2021 Date Proposal Forms COMM/SVCS v.12.19.2019 Page 27 of 63 &578oard � tj V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $63,000 . (The period of the 12 month period is 01/01/20 12/31/20,). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. CURRENT FORMER VENDOR (Y/N)? — AWARDED PURCHASING VENDOR? • •D GROUPD•• •• 1. Federal General Services Administration 2. T-PASS (state of Texas) 3. OMNIA Partners 4. Sourcewell (N3PA) 5. E&I Cooperative 6. Houston-Galveston Area Council (HGAC) 7. Choice Partners S. The Interlocal Purchasing System (TIPS) Y N pplies and Equipmer 9. Other ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%): 5% Proposed Discount(%): 5% Explanation: We plan on providing the same discount as we have in previous and current BuyBoard contracts. Proposal Forms COMM/SVCS v.12.19.2019 Page 28 of 63 &578oard � tj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.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. Perry Weather Consulting Company Name Colin M. Perry Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 29 of 63 &578oard � tj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1 Round Rock ISD, Dwayne Weirich, 512-464-5480, dwayne.weirich@roundrockisd.org, 5%, 20 2 CityofGrapvine,KevinMitchell,817.253.9327,kmitchell@grapevinetexas.gov,0%,10 3 City of Carrollton, Kim Bybee, 972.466.9835, kim.bybee@cityofcarrollton.com, 0%, 10 4 Grapevine-ColleyvillelSD,Bryan Gerlich,817.690.2458,b rya n.gerlich@gcisd.net,5%,9 5 IrvinglSD,ClintRoddy,972.415.4386,croddy@irvingisd.net,0%,5 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. Perry Weather Consulting Company Name V�%, (& Signature of Authorized Company Official Colin Perry Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 30 of 63 &578oard � tj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Example: Explain how your company will initially inform Cooperative members of your BuyBoard contract, and how you will continue to support the BuyBoard for the duration of the contract period.) Attach additional pages if necessary. Weplanonmarketingtoschooldistrictsandlocalcity/municipalitiesatstate,regional,andnational tradeshowsandconferences.WewiIIprovidevisualsignsthatwearean"App roved BuyBoard Vendor"aswel Iasi ncludesimilarjargoninourmarketingmaterials. Additionally we have a 5 person sales team that actively searches for new clients and leverages our current BuyBoard contract 579-19 as a possible option for purchasing our services through. Perry Weather Consulting Company Name U� %, f�vv Signature of Authorized Company Official Colin M. Perry Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 31 of 63 &578oard � kJ U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals,forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act(Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms,documentation,or other materials submitted with the Proposal)that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check()one of the following: NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach additional sheets if needed.) Proposal Forms COMM/SVCS v.12.19.2019 Page 32 of 63 &578oard � kJ U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com B. Copyright Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check(-v)one of the following: NO, Proposal (including forms, documentation, or other materials submitted with the Proposal)does not contain copyright information. ❑ YES, Proposal (including forms, documentation,or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach addition/sheets if needed.) C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D.Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal,Vendor consents and agrees that, upon Contract award, the Cooperative may publicly 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. Perry Weather Consulting Company Nam �z. Signature of Authorized Company Official Colin Perry Printed Name 02/09/2021 Date Proposal Forms COMM/SVCS v.12.19.2019 Page 33 of 63 &578oard � tj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: Perry Weather Consulting (List the leaal name of the company seeking to contract with the Cooperative. Do NOT/1st an assumed name,dba,aka, etc,here. Such information may be,provided below. If you are submitting a joint,proposal with another entity to,provide the same proposed goods or services,each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which,propose to,provide goods or services separately must submit their own Proposals.) Please check(A one of the following Type of Business: Individual/Sole Proprietor Corporation X Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Texas Federal Employer Identification Number: 46-1579205 (Vendor must include a completed IRS W-9 form with their proposal) List the Name(s) by which Vendor, if awarded,wishes to be identified on the BuyBoard: (Note. Ifdifferentmanme Name ofPro,posing 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),if applicable,must be attached.) Perry Weather Proposal Forms COMM/SVCS v.12.19.2019 Page 34 of 63 Form Request for Taxpayer Give Form to the (Rev.October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to wwwJrs.gov/FormW9 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. Perry Weather Consulting 2 Business name/disregarded entity name,if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions codes apply only to � P Y P ( PP Y Y following seven boxes. certain entities,not individuals;see a instructions on page 3): p ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate w single-member LLC Exempt payee code(if any) ai c a o v ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► p r 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 w LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is de(if any) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that co IL v is disregarded from the owner should check the appropriate box for the tax classification of its owner. y ❑ Other(see instructions)► (Applies to accounts maintained outside the U.S.) y5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) a 1355 Motor Circle W 6 City,state,and ZIP code Dallas, TX 75207 7 List account number(s)here(optional) RiUM Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(S However,for a TU — 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 How 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 Employer identification number Number To Give the Requester for guidelines on whose number to enter. M46 - 1 5 7 9 2 0 5 Certification Under penalties of perjury, I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S. person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part ll,later. Sign Signature of /J, � 02/09/202♦ 1 Here U.S.person► r{(r� ��// c Date► General Instructions • Form 1099-DIV(dividends, including those from stocks or mutual 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-B(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.gov/FormW9. • Form 1099-S(proceeds from real estate transactions) Purpose of Form • Form 1099-K(merchant card and third party 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(TIN)which may be your social security number • Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S. person(including a resident amount reportable on an information return. Examples of information alien),to provide your correct TIN. returns include, but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,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.10-2018) &578oard � kJ V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR'). All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which maybe applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendors agreement and ability to comply, where applicable,by having Vendor's authorized representative complete and initial the applicable boxes and sign the acknowledgment at the end of this form. If you fall to complete any item in this form, the Cooperative will consider and may list the Vendors response on the BuyBoard as "NO,'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 Vendor's return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor,the Cooperative member's provision shall control. Proposal Forms COMM/SVCS v.12.19.2019 Page 35 of 63 &578oard � tj V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of$2,000,Vendor shall comply with the Davis-Bacon Act(40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition,Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdola ov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti-Kickback"Act (40 USC 3145), as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States'). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms COMM/SVCS v.12.19.2019 Page 36 of 63 &578oard � tj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act(42 USC 7401-7671q.)and the Federal Water Pollution Control Act(33 USC 1251-1387),as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred,suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery,and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms COMM/SVCS v.12.19.2019 Page 37 of 63 &578oard � tj V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to,applicable recordkeeping and record retention requirements. Vendor'Certification: YE , I agree or, Vendor Certification Item No. NO,:I do N,OT agree � 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 5. Contract Work Hours and Safety Standards Act YES 6. Right to Inventions Made Under a Contract or Agreement YES n� 7. Clean Air Act and Federal Water Pollution Control Act YES �G S. Debarment and Suspension YES n 9. Byrd Anti-Lobbying Amendment YES 10. Procurement of Recovered Materials YES 11. Profit as a Separate Element of Price YES 12. General Compliance and Cooperation with Cooperative Members YES �n�v 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. Perry Weather Consulting Company Name r a, %, A4V Signature of Authorized Company Official Colin M. Perry Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 38 of 63 &578oard � kJ U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services("Work') under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below,and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. PerryWeatherhasbeeninbusinesssinceJanuary1,2013.PerryWeatheriscurrently notforsaleorinvolvedinanytransactionthatwou Ids ignificantlyalteritsbusiness. 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. Ourtechnologyhasaredundantbackendserveresetupthatensuresuptime.Everyemployeecan preformclientassistancetocustomers.Wehaveexpertsinthefieldofsales,technology,meteorology, and hardwaretechnologyengineering. 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. PerryWeatherhasbeeninbusinessforover8yearsandhasdoubledinrevenuegrowththepast4 yearsstraight.PerryWeatherhasfulIO&Einsurancewitha$1,000,0001imit.Noonecurrentlyor previsoulsyassociatedwithPerryWeatherhaseverbeenadebtorpartytoabankruptcy,receivership, orinsolvencyproceeding. Proposal Forms COMM/SVCS v.12.19.2019 Page 39 of 63 &578oard � kJ U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. PerryWeatherdoesNOThaveanyoutstandingfinancialjudgements,etc. 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 firm's past or present owners, principal shareholders or stockholders, officers, agents or employees,that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. NONE 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. Perry Weather Consulting Company Name V�%, fj" Signature of Authorized Company Official Proposal Forms COMM/SVCS v.12.19.2019 Page 40 of 63 &578oard � tj V Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check(v)the following) ® Completed: Proposer's Agreement and Signature X❑ Completed: Vendor Contact Information ® Completed: Felony Conviction Disclosure and Debarment Certification X❑ Completed: Resident/Nonresident Certification X❑ Completed: No Israel Boycott Certification ® Completed: No Excluded Nation or Foreign Terrorist Organization Certification X❑ Completed: Historically Underutilized Business (HUB) Certification ® Completed: Construction Related Goods and Services Affirmation X❑ Completed: Deviation/Compliance ® Completed: Location/Authorized Seller Listings ® Completed: Manufacturer Dealer Designation X❑ Completed: Texas Regional Service Designation ® Completed: State Service Designation X❑ Completed: National Purchasing Cooperative Vendor Award Agreement ® Completed: Federal and State/Purchasing Cooperative Experience X❑ Completed: Governmental References X❑ Completed: Marketing Strategy ® Completed: Confidential/Proprietary Information X❑ Completed: Vendor Business Name with IRS Form W-9 ® Completed: EDGAR Vendor Certification X❑ Completed: Proposal Invitation Questionnaire ® Completed: Proposal Specifications (Discount (%) off Catalog/Pricelist and/or other required pricing information including Catalogs/Pricelists(or no bid response)must be submitted with proposal response or response will not be considered.) X1 Completed: Required Forms Checklist Proposal Forms COMM/SVCS v.12.19.2019 Page 42 of 63 &578oard tj U Cooperative Purchasing 200 Research Boulevard PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). Section 1: Systems and Related Eauipment 1 . Discount (96) off cata|og/phce|istfor Emergency/Alert Broadcast Communication System - System must provide emergency announcements, general information announcements, text message chains, e-mails, inbound interactive response, outbound interactive response, text-to-speech, alert beacons, and similar protections. Requires no hardware and/or phone lines to install. System must be able to launch via smartphone apps or website and provide reporting by answer type (live or machine). System security must provide PIN protection, finewa|| protection, and similar protections. 2 . Oiscount (96) off cata|og/price|ist for Voice Broadcast Communication System — System must provide emergency announcements, general information announcements, phone chains, e-mails, inbound interactive voice response, outbound interactive voice response, text-to-speech, alert beacons, and similar protections. Requires no hardware, or phone lines to install. System must be able to launch calls via phone and/orwebsite and provide reporting by answer type (live and/or machine). System security must provide PIN protection, finewa|| protection, and similar protections. 3 . Discount (96) off cata|og/price|istfor Lightning Monitoring and Weather Detection System — System must provide emergency announcements, general information announcements, phone chains, e-mails, inbound interactive voice response, outbound interactive voice response, text-to-speech, alert beacons, and similar protections. Requires no hardware and/or phone lines to install. System must be able to launch calls via phone or website and provide reporting bv answer type(live ormachine). System security must provide PIN protection,firewall protection,and similar protections. Section 11: Installation and Repair Service 4. Hourly Labor Rate for Installation/Repair Service of Emergency Alert and Voice Broadcast Communications Systems - Not toexceed hourly labor rate for Installation/Repair Service of Equipment and Products. Proposal Forms comm/Sucsv.1z.1y.zo1y Page+zof03 7, Bo,ard URCHASING COOPERATIVE 647-21 Perry Weather Consulting Inc Supplier Response Event Information Number: 647-21 Title: Emergency Alert and Void Broadcast Communications Systems Type: Request for Proposal Issue ate: 21212021 Deadline- 3/11/2021 04:00 PM ( T) Notes: PUBoard e Local Government Purchasing Cooperative ( uy oar ) Proposal Invitation No. - 1 Emergency Alert and Voice Broadcast Communications Systems Proposal ue Date andTime: 11111airc[i 11, 2021 at 4 W II''l`11111 Responding to this and future proposals online is easy with our online submission system. 1 . View and download the forms. • IDE21114 ""Ii log in to view and download the documents. • Visit,veniu�oi ruu -b-ogird co—irng and click on the"Current Proposal Invitations" button shown below to view and download the forms for this proposal. Current Pi"op sal Iwl7Oi'atiras o, Page 1 of 5 pages Vendor:Perry Weather Consulting Inc 647-21 2. To submit completed proposal. yr;r .Irru.0 I�ru:ra ird corn and click"Register/Login/Submit Proposal" button Visit................eoir 'L shown below to submit your proposal online. For additional assistance click this link I Y r ou.uir ilir�rfur„all Suul�rirrt� a°ra. iiurir ........................... New Vendor?Visit ye rru �:rir lbuuyl rc,a ird corm and click"Register/Login/Submit Proposal." Click Il gSAJi°riteir iruow as a new supplier/vendor, so you don't miss future proposal opportunities. Any Addenda issued with this proposal will also be placed on the website, and it will be the vendor's responsibility to obtain the information. Page 2 of 5 pages Vendor:Perry Weather Consulting Inc 647-21 Perry Weather Consulting Inc Information Contact- Colin Perry Address- 2919 Commerce St Suite 450 Dallas Dallas, TX 75226 Phone- (469) 546-5082 Toll Free- (469) 546-5082 Email- colin@perryweather.com By submitting your response, you certify that you are authorized to represent and bind your company. Colin M. Perry colin@perryweather.com Signature Email Submitted at 211712021 12:26:41 PM Requested Attachments BuyBoard Proposal Invitation No.647-21 - Emergency Alert and Voice Proposal-No-647-21.pdf Broadcast Communications Systems REQUIRED ® In PDF format, upload all proposal invitation documents available for download at vendor.buyboard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) Catalog/Price lip t PriceList—No-647-21.pdf REQUIRED ® In PDF format, upload catalog/price list in proposal invitation instructions. File size must not exceed 100MB.(Please DO NOT password protect uploaded files.) Detailed Information and Exceptions Related to Discount 647-2 1—Detailed I nformation—No Exceptions.pdf and/or Hourly Labor Rate In PDF format, define the services that are proposed to be provided and attach detailed information including exceptions to pricing or discount percentage, NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, PROPOSAL MAY NOT BE CONSIDERED. (Please DO NOT password protect uploaded files.) IRS Form ® Request for Taxpayer Identification Number and Certification 2021_w9.pdf REQUIRED ® In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Response Attachments PW—Infoguide-Schools.pdf Attached is Perry Weather's marketing info guide that details our entire offerings. Bid Lines Page 3 of 5 pages Vendor:Perry Weather Consulting Inc 647-21 1 Section to Svstems and Related EqUipment-Discount(%)off catalog/pricelist for Emergency/Alert Broadcast Communication System-System must provide emergency announcements, general information announcements, text message chains, e-mails, inbound interactive response, outbound interactive response, text-to-speech, alert beacons, and similar protections. Requires no hardware, or phone lines to install. Must be able to launch via smartphone apps or website and provide reporting by answer type (live or machine). System security must provide PIN protection, firewall protection, and similar protections. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist FN-o response 2 Section 1: vstems and Related Equipment- Discount (%) off catalog/pricelist for Voice Broadcast Communication -System must provide emergency announcements, general information announcements, phone chains, e-mails, inbound interactive voice response, outbound interactive voice response, text-to-speech, alert beacons, and similar protections. Requires no hardware, or phone lines to install. Must be able to launch calls via phone or website and provide reporting by answer type (live or machine). System security must provide PIN protection, firewall protection, and similar protections. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist FN-o response Page 4 of 5 pages Vendor:Perry Weather Consulting Inc 647-21 3 Section 1: vstems and Related Eguipment- Discount (%) off catalog/pricelist for Lightning Monitoring and Weather Detection System-System must provide emergency announcements, general information announcements, phone chains, e-mails, inbound interactive voice response, outbound interactive voice response, text-to-speech, alert beacons, and similar protections. Requires no hardware, or phone lines to install. Must be able to launch calls via phone or website and provide reporting by answer type (live or machine). System security must provide PIN protection, firewall protection, and similar protections. Total: I Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Lightning warning system 4 Section 11: Installation and-Rgg air 5mice (Hourly Labor Rate)- Hourly Labor Rate for Installation/Repair Service of Emergency Alert and Voice Broadcast Communications Systems - Not to exceed hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour Price: �$15000 Total: $150.00 Response Total: $150.00 Page 5 of 5 pages Vendor:Perry Weather Consulting Inc 647-21 ° P.O. Box 400,Austin,Texas 78767 FBOard 800.695.2919 •info@buyboard.com • buyboard.com August 3, 2022 Sent via email to: billing(fterrvweather.com Colin Perry Perry Weather Consulting, Inc. 1355 Motor Circle Dallas TX 75207 Re: Emergency Alert and Voice Broadcast Communications Systems BuyBoard Contract 647-21 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Emergency Alert and Voice Broadcast Communications Systems Contract 647-21 effective October 1, 2021 through September 30, 2022, with two possible one-year renewals. At this time, the BuyBoard is renewing your contract through September 30, 2023. 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 rr „Icrin„i � irirytsl:�.crirr 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 rr „,crin„„ ,;;,,1,, ,[!Ey..( .t sl:�.crirr . We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Melonie Perry Contract Administrator 15t renewal v.02.13.2020 Endorsed by 1rl " TASAV VT Q '?r. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2023-990238 Perry Weather, Inc. Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/02/2023 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. Perry Weather Agreement Weather safety technology platform Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Perry Weather Holdings LLC Dallas, TX United States X Arthur Ventures IV, LP Minneapolis, MN United States X Perry, Colin Dallas, TX United States X Skidmore,James Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is James Skidmore and my date of birth is My address is 1355 Motor Circle Dallas TX 75207 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on the 3 day of March 20 23 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: Approve Resolution No. 2023-018, authorizing submission of the application and acceptance of allocated funds if awarded for the Texas Governor's Office Homeland Security Division FY2024 North Texas Anti-Gang Center Grant #2848909. PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: The City is currently the fiduciary agent for a grant to fund the North Texas Anti-Gang Center (TAG Center). The North Richland Hills Police Department, in cooperation with law enforcement agencies across the area, supports the TAG Center in its mission to combat gang violence through the coordination of gang prevention, intervention, and suppression activities. State supplemental grant funding from the H.B.5 supplemental appropriations designated for the TAG's with a combined population of 250,000 is available through the Governor's Office to continue this project in FY2024. The Governor's Office has contacted the City of North Richland Hills to continue as the fiduciary and sponsoring agency for grant. GENERAL DESCRIPTION: The Governor's Office contacted the City of North Richland Hills to continue to serve as the fiduciary and sponsoring agency for this grant. This FY2024 grant application is a continuation of the program to cover the TAG Center's annual operations budget and additional one-time purchases to be funded from the Texas Senate H.B.5 supplemental appropriations. The investigative units participating in the TAG Center are the Texas DPS Investigative Unit, the U.S. Homeland Security Investigators Gang Squad, the ATF's Violent Crime Squad and Intelligence Unit, and the FBI's Gang Unit, as well as local municipal and county agencies. As grantee, the City will coordinate and manage the grant, to include payment and reimbursement of expenditures generated by the TAG Center and its contracted on-site project manager and staff. For fiduciary services, the City will receive a maximum amount of$85,543.00 representing reimbursement of administrative costs for time and resources dedicated to the grant and a maximum amount of $27,921.00 representing $10% of eligible modified total direct costs in the FY2024 grant application. To continue the program through August 2024, an operating budget of $2,946,457.59 is projected and a maximum $2,240,000.00 for one-time asset purchases to be transferred to constituent agencies. The total grant application is $5,186,457.59. The specified goals, objectives, targets and final budget for the project are being developed and will be completed before the March 17, 2023 grant submission deadline. IrLp NOKTH KICHLAN HILLS RECOMMENDATION: Approve Resolution No. 2023-018, authorizing submission of the application and acceptance of allocated funds if awarded for the Texas Governor's Office Homeland Security Division FY2024 North Texas Anti-Gang Center Grant #2848909. RESOLUTION NO. 2023-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS AUTHORIZING THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE TEXAS GOVERNOR'S HOMELAND SECURITY DIVISION FY2024 NORTH TEXAS ANTI-GANG CENTER, GRANT #2848909 SERVING AS THE FIDUCIARY AND SPONSORING AGENCY WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply and make appointments for the conduct of business relative to the Governor's Office Homeland Security Division (HSD) FY2024 North Texas Anti-Gang Center, Grant #2848909; and WHEREAS, The law enforcement agencies in the North Texas region desire to continue the North Texas Anti-Gang Center in its mission to combat gang violence in the Metroplex and surrounding areas through the coordination of gang prevention, intervention, and suppression activities; and WHEREAS, The City of North Richland Hills, as grantee, will coordinate and manage the grant, to include payment and reimbursement of expenditures necessary to continue the multi-agency North Texas Anti-Gang Center in operational status, and will receive reimbursement for administrative costs for time and resources dedicated to the grant and a maximum 10% of eligible modified total direct costs in the FY2024 grant application; and, WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Program and to serve as a fiduciary and sponsoring agency for the grant; and, NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council of the City of North Richland Hills hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council of the City of North Richland Hills hereby authorizes and approves the submission of the application and acceptance if awarded for the Texas Governor's HSD FY2024 North Texas Anti-Gang Center Program Grant #2848909. SECTION 3. The City Council of the City of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official, with the Resolution No. 2023-018 Page 1 of 2 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 HSD funds or failure to comply with all HSD 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. That this Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED on this 6t" day of March, 2023. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Director of Public Safety Resolution No. 2023-018 Page 2 of 2 MRH C7&TH KIC"HLr'.ND HILL COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: Approve Resolution No. 2023-019, authorizing submission of the grant application for the Federal Emergency Management Agency FY2022 Staffing For Adequate Fire and Emergency Response (SAFER) Grant for cost of salary/benefits for 3 additional firefighter positions for 3 years. PRESENTER: Stan Tinney, Fire Chief SUMMARY: The North Richland Hills Fire Department (NRHFD) has coordinated the application for the FY2022 Staffing For Adequate Fire and Emergency Response (SAFER) Grant for 3 additional firefighter staff positions; if awarded, this will allow for 1 additional firefighter per shift, bringing total minimum staffing from 24 each day up to 25 firefighters each day. GENERAL DESCRIPTION: The City of North Richland Hills Fire Department is interested in applying for the cost of salary and benefits for 3 additional firefighter positions, 1 person per shift for A, B, and C shift. If authorized, NRHFD will submit the SAFER application for 3 firefighter positions where salary and associated benefits (actual payroll expenses) will be covered by the grant for 3 years, with no match required. The intent would be to keep the 3 positions following the end of the 3-year grant period, although it is not a requirement of the grant to do so. NRHFD would take on the role of administrator of the grant if awarded. We would request$1,028,774 in total funding. If awarded, the SAFER requires no match from the participating agencies on the salary/benefits. Although there is no match required for salary/benefits, NRHFD will be required to pay for those ineligible grant items for the 3 new staff, including Personal Protective Equipment, uniform allowances, and annual medical exams. This cost would be requested in the FY24 budget. RECOMMENDATION: Approve Resolution No. 2023-019. RESOLUTION NO. 2023-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING SUBMISSION OF AN APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED OF THE GRANT APPLICATION FOR THE FY2022 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the FY2022 Staffing For Adequate Fire and Emergency Response (SAFER) Grant to apply for cost of salary/benefits for 3 additional firefighter positions for 3 years; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills to increase our daily minimum firefighter staffing to improve the critical fire and safety skills needed to address our risks in our community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council of North Richland Hills hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council of North Richland Hills hereby authorizes and approves the submission of application for the FY2022 Staffing For Adequate Fire and Emergency Response Grant in the amount of $1,028,774, 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 in the event of loss or misuse of SAFER funds or failure to comply with all SAFER award requirements may result in suspension or termination of award funds, the repayment of award funds, and/or other remedies available by law. SECTION 4. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED on this 6t" day of March, 2023. Resolution No. 2023-019 Page 1 of 2 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Stan Tinney, Fire Chief Resolution No. 2023-019 Page 2 of 2 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: ZC22-0046, Ordinance No. 3782, Public hearing and consideration of a request from Stuart Threadgold for a zoning change from AG (Agricultural) to R-1 (Single-Family Residential) at 7540 Bursey Road South, being 2.0 acres described as Tract 2133, Alexander Hood Survey, Abstract 683. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Stuart Threadgold is requesting a zoning change from AG (Agricultural) to R-1 (Single- Family Residential) on 2.0 acres located at 7540 Bursey Road South. GENERAL DESCRIPTION: The property under consideration is a 2.0-acre site located on the south side of the street where Bursey Road South turns to a north-south direction. Adjacent properties include both multi-acreage residential lots and conventional single-family subdivisions (Fair Oaks Estates and Kingswood Estates). The property is developed with a single-family residence. It is unplatted and has 166 feet of frontage on Bursey Road South and is approximately 523 feet deep. The applicant is requesting a zoning change on the property with the intent to plat the property and create two single-family residential lots in a flag-shaped arrangement. The final plat of the property is a related item on the March 6, 2023, agenda (see PLAT23- 0032). LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned AG (Agricultural). The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. "K NOKTH KICHLAND HILLS PROPOSED ZONING: The proposed zoning is R-1 (Single-Family Residential). This district is intended to provide areas for very low density development of single-family detached dwelling units which are constructed at an approximate density of 2.9 dwelling units per acre. SURROUNDING ZONING ( LAND USE: NORTH R-2(Single-Family Residential) Low Density Residential Single-family residences (Fair Oaks Estates) WEST AG(Agricultural) Low Density Residential Single-family residences SOUTH R-2(Single-Family Residential) Low Density Residential Single-family residences (Kingswood Estates) R-1(Single-Family Residential) EAST Low Density Residential Single-family residences R-2(Single-Family Residential) PLAT STATUS: The property is unplatted. The final plat of the property is a related item on the March 6, 2023, agenda (see PLAT23-0032). PLANNING AND ZONING COMMISSION: Due to an error in the public hearing date in the property owner notification, the Planning and Zoning Commission opened the public hearing on February 16, 2023, and continued the hearing to the March 2, 2023, meeting. If the Commission issues a recommendation to City Council, staff will brief City Council of their recommendation at the March 6, 2023, meeting. As such, there are no meeting minutes attached to this agenda item. RECOMMENDATION: Approve Ordinance No. 3782. W ....... 0 "� i LLJ r� �- w O ILL ,,,,,,,,,,,, BURSEY 0 w U- 2 s F N f VINEYARD ..................... ..... WOODHAVEN o , w ,,,,,,,,,,,. Prepared by Planning 1/30/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been prepared for or be suitable for legal,engineering,or surveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. N r/ i err f�l9j r� a �f i rr r r r / n Prepared by Planning 1/30/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been prepared for or be suitable for legal,engineering,orsurveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. " RH PUBLIC HEARING NOTICE NO&TH KICHLAND HILLS CASE: ZC22-0046 -OWNER- ** ::z���Sc ll I Il�)U ll ll�) ** I,ie a n n i n g a n d Z o n i n g Co i n i n i ss i o n In�ilnlic -MAILING_ADDRESS- hearkng date for th pphc�s aation has IDeen -CITY—STATE- -ZIP- revised due to an eirror iin th Ixerrbus notice '!he new pubhc hearkng date is shown Debw Contact the annkng & Zonkng Iltc partinent wth any quest�ons You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT Stuart Threadgold LOCATION 7540 Bursey Road REQUEST Public hearing and consideration of a request from Stuart Threadgold for a zoning change from AG (Agricultural) to R-1 (Single-Family Residential) at 7540 Bursey Road, being 2.0 acres described as Tract 2133, Alexander Hood Survey, Abstract 683. DESCRIPTION Proposed zoning change for a single-family residential property to related to subdividing the property into two residential lots. PUBLIC HEARING DATES Planning and Zoning Commission IIC ILfl I:RHNG II:' ...II 7:00 PM Thursday, March 2, 2023 City Council 7:00 PM Monday, March 6, 2023 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP BURSEY uu L6 VINEYARD WOODHAVEN er BURSEY ROAD SOUTH 89'45'12" E -,/8 iHF roR RE.FERENGF - --—------ i d1 112'1"21"W- 0151' 1/2' PF FC� RE P EKIEW'l 4"21 37�F 33,67' rAVEL 8ATHM�ADNIKA voi '6�' I,,,, 1� !Er. DEIAI[ #I —52 4 ,8X27 9' ....................... WE OF 0 P001, 'DETAR 2 j THORION COME K.1 NO D20628 a{sr SQUARE U,F I 1-T IR" 0 C) z P,,"r f,Lrl 1 6,4 61 F (01 6J) 1 03 3 6' Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC22-0046 BALL,KATRINA 7809 VINEYARD CT NORTH RICHLAND HILLS,TX 76182 BIGGERS,GREGORY D 7709 WOODHAVEN DR NORTH RICHLAND HILLS,TX 76182 BIRDVILLE ISD 6125 E BELKNAP ST FORT WORTH TX 76117 CALAHAN,GARY L 7701 WOODHAVEN DR NORTH RICHLAND HILLS,TX 76182 CAMPBELL,JOSIAH 7532 BURSEY RD S NORTH RICHLAND HILLS,TX 76180 DAZEY,STEVEN 7809 BURSEY CT NORTH RICHLAND HILLS,TX 76182 DONAHOO,PAMELA 7617 WOODHAVEN DR NORTH RICHLAND HILLS,TX 76182 GAMBILL,WILLIAM 7801 CALVERT LN NORTH RICHLAND HILLS,TX 76182 GRAY,DAVID L 7705 WOODHAVEN DR NORTH RICHLAND HILLS,TX 76182 GRIFFIN,HENRY 7713 WOODHAVEN DR NORTH RICHLAND HILLS,TX 76182 HASSLER,BRADLEY 7808 VINEYARD CT NORTH RICHLAND HILLS,TX 76182 HULL,GREGORY L 7621 WOODHAVEN DR NORTH RICHLAND HILLS,TX 76182 JEFFERSON,PAULA K 7625 WOODHAVEN DR NORTH RICHLAND HILLS,TX 76182 JOYCE,GENICE F 7613 WOODHAVEN DR NORTH RICHLAND HILLS,TX 76182 KEEFE,TIMOTHY 7805 VINEYARD CT NORTH RICHLAND HILLS,TX 76182 KISER,GARY E 7524 BURSEY RD S NORTH RICHLAND HILLS,TX 76182 KOONTZ,BARRY 7800 VINEYARD CT NORTH RICHLAND HILLS,TX 76182 LOVE,TERRY 7804 CALVERT LN NORTH RICHLAND HILLS,TX 76182 MALLINSON,DAVID 7717 WOODHAVEN DR NORTH RICHLAND HILLS,TX 76182 OLSASKY,ALISON 7800 CALVERT LN NORTH RICHLAND HILLS,TX 76182 ROTH,JACK W 7955 BURSEY RD NORTH RICHLAND HILLS,TX 76182 SHOCKLEE,LESA W 7801 VINEYARD CT NORTH RICHLAND HILLS,TX 76182 THREADGOLD,STUART W 7540 BURSEY RD S NORTH RICHLAND HILLS,TX 76182 VELASQUEZ,ANGELA 7805 CALVERT LN NORTH RICHLAND HILLS,TX 76182 WARD,ROBERT G 7813 SMITHFIELD RD NORTH RICHLAND HILLS,TX 76182 WEST,BRENT W 7804 VINEYARD CT NORTH RICHLAND HILLS,TX 76182 ............... ........ ///z LU LU LLI 0 ................... .............>- I - .......................................... ........... ........... .......... ..................... ............. III LJJ LL .............................................. ............................. .................. ...................... ............... ............... ............... ............... ............... ............... ....................................................................... ............. ............... VINEYARD ............................. ............... .......................................................................... ......................... ................................................ ................................................ ........................ ........... ............................. ...........I.................. ............ ............... ............... ............................................................... WOODHAVEN ............. ............... ............... LLJ Prepared by Planning 1/30/2023 N DISCLAIMER ----Teet This product Is for informational purposes and may not r J I have been prepared foror be suitable for legal,engineering,or surveying 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 7509 PENNRIOGE CIRCLE SURVEY PLAT ROWLETE T%75088 BURNS RRN REGISTRATION ND.10194.166 /IG �� �fff L� BARRY S. RHODES Registered Professional Land Surveyor(214) 326-1090 PURSYROAD SOUTH This is to certify that I have, this date, made a careful and accurate survey on the ground of property located at No. 7540 BURSEY ROAD SOUTH , in the city of NORTH RICHLAND HILLS Texas. S 89"45 12/E 5/8`IRF FOR REFERENCE PLIN( II 00cc'1— A,,a- 'p 1 fl d d' kl d H d.S }AI N_fi83 I Count} h' raet of la ld 11 165.96' OBI,_ ..�......... a b I-,I a L11JI D dL-1,,,n I n d ❑m N n In 6 s..D la r T - collnl� _ A4 nx T (D.R.TCTJ. 16- t I I}d b 16}tt fll = db d1:=pfc �i(CN} CO\IMLNC INCf 1;2 h df df h 4 hI' fL I.HI I.I_Li h nAdd' dd' h C'ry FN h I/2`IPA FOR REFERENCE K :d Hill,,T C y T-11 1,I I d l V 388 193 g J III K - d..T I C y.T S 4'2137°E-3367 I� ® (ART C.T.)' 1 �N h IL 10 BI k6K tE _ =Ih 1 Cl fN hR1T dHll T =tC t>T .. GR EL DRIVEWAY dig rn 1h,PI I f d d C h' \SI d 4258(P K I(I LOT 1,BLOCK I TH LN CHN l h 89d g.58 n:n 34 su NwL 1011 1a 178.97E 1ua N ii'o od rolctd for co c a.tic Sold w:o c or sa'd I I G I..t the BAMNAN ADDITION I.L.388 T.G. PG.tM N Ihwest wrnec oCLot9of said Block 26,beio- he Enst Toe of -ID vivo lrea end bein211re PLACE OF BEGINNING of the herein described 394' SEE ,/C PR.i.C.i. DETAIL ¢I 9 =-A—f THENCE S-1,00 dcg.ton 11—E11t,110- cof 149.99 fcct te. ,,It fo�co-ncr at the South [writ-of sod Lat9 at thc\elthvcsi w-nc 23.8'%27.9` Ot SEPRC 13 of LotR of—d Block 26; ONE STORY 59 PLACE OF PLACE OF BRICK&FRANE BEGNNNG CONNENCENENi THENCE So th 00 t 12 - 0 E t f1 606f 1 1 11 pp L d f- h N I L dfa 8 ® GAftAOE 80— POOL, H N he lvN th _t - fLo 9 BI k21K dE d,h N CA, fN hl k ITT hII_T,.. C t,T . SEE N 89'58'34 .f.6 "W h PI tN fd d C h A SI'd 36 0IP R I C I), OETPIL#2 7897' r 7 TH LNC4.N11189 dcg.45 12uNwL ad s -IC66.36C 111 pout forco c ILh,Nonllt,oCI.,l_.1 sad Hl.,k 2H,,1h,Soutkiael c-ofat ctof land duu brditdccdw Thetwn Cotcll and Shcllc}B.Cornell.-ccc ticd undcTnvu ncnt No.D2062S2080(D.R.T.C.T.); THORTON CORNEI& 10 0 NSTHO.HE—B.B—OKICD KNELL �y I'H LN CL\orth 00 dcg_DR nti_3.ca W--,d.0—of 52370 feet to n ntf r n icr n Hu-cy Knad South nt the Nn Nrest en'Icr nfl-('—dl Si.NO D.C.T. 080 86,861 SQUARE FEET D.R.i.C.i. 1.99 ACRES 1.]' tr , THLNC4.Soulh 89dcg.45 16S.96C LW.poul forcomcr a.the Nonitwot curl crofsa A L,I 1,from wh cl 5 8 ntch 9 �� Iron and fowdC--f b S h 12 I .08 ,R h— 10..1f / POND j+}WoOD1 nGw ® THENCE S.-02 dcg.08 ni _ .R cst,ad cof3o?2ttwul2-nth-rod fawtd fccor , r N QECN' ou " ,_ 0] pgm� THbNC4.South 00 dEg 31 2..i,c.F aL't distanccoC20",46C ttp die PI.AC4.OP H4.GI\NI\G vdco:ta'ti:g R6,RUI eyu2rcC for 1.99 aL7'—f ZD d. ZD z�a Z 8 I/2"RF FOR REFERENCE 0.1' 01 2^� S 1648'Is_E-038'� 7 69 N 89° '12°° W 8,5.......... ' 16B.36' 13 12 11 10 9 8 BLOCK 24 THIS CERflACATION DOES NOT KING ESTATES TAKE INTO CONSIDERATION .a.h SURE 3656 ADDITIONAL FACTS THAT AN P.R.T.C.T. ACCURATE TITLE SEARCH AND OR EWMINATION NIGHT DISCLOSE. M1ered I,bu..cmae.Laendne�urete,preanntatl 0 Ul�,o By LEf JD I1�1�1� 47.3' . net tee by ens Pat the.; ecab'en and ty,of b d'ng nea mprovements 4�aaYumr U'rt„,;,. ZE OF Tf ].0° it ry4.0'm arc ea abOvn a ,mPrcvemen[a bxngev,tNn a een of the PIPery,x i lP GISTE'*9 boon ea t w rveUr+' ONE STORY h back from Property line.the distance indicated,or visible and aPPercnl xxmenta. Cu- BRICKE g9.1 3.5',q ONE STORY TITLE AND ABSTRACTING WORK FURNISHED BY N/A r::1�1/x° �Nnu1m " ......... ........ r;I1/a°,midwruvm Non sr •• ... 0 5,n BRICK AND FRAME MERE PRE NO ENCROACHNENTS,CONFlJCIS.OR PROTRUSIONS,EXCEPT AS SHOWN. -, K ,BARRY S.RHODES ( 7540 } 8c0e 1 =100' USE OF THIS SURVEY FOR ANY OTHER PURPOSE m 3691 OR OTHER PARTIES SHALL BE AT THEIR RISK AND 'y uxETA6tE n n 00[e 02 07-2022 uxE IFNeIx BFMxc 12 1' ]0 2' N/A UNDERSIGNED S NOT RESPONSIBLE i0 OTHER FOR G £ 0 (•.,.f551 •Gp — YI ANY LASS RESULTNG THEREFRON. � � { 4 Kx D SURJC sb�aoa ash it G.F.Ne THIS SURVEY WAS PERFORMED E%ELUSIVELY FOR _ 39.5' Job no 2D22OD5O8 SiUPRT MREPAGOLO xnRm Y - 13—by BN I£g5 N mlfR ORDINANCE NO. 3872 ZONING CASE ZC22-0046 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING A 1 .99-ACRE TRACT OF LAND LOCATED AT 7540 BURSEY ROAD FROM AG (AGRICULTURAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 1.99 acres of land located at 7540 Bursey Road (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R- 1 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 16 and March 2, 2023, and the City Council of the City of North Richland Hills, Texas, held a public hearing on March 6, 2023, with respect to the zoning change described herein; and Ordinance No. 3782 ZC22-0046 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from AG (Agricultural) to R-1 (Single-Family Residential) 1.99 acres of property described as Tract 2133, Alexander Hood Survey, Abstract 683, commonly referred to as 7540 Bursey Road, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved R-1 (Single-Family Residential) zoning, as set forth above. Section 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or Ordinance No. 3782 ZC22-0046 Page 2 of 4 decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 6th day of March, 2023. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary / Chief Governance Officer Ordinance No. 3782 ZC22-0046 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3782 ZC22-0046 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3782— Page 1 of 1 Zoning Case ZC22-0046 Tract 2133,Alexander Hood Survey,Abstract 683 7540 Bursey Road, North Richland Hills,Texas BEING all that certain lot,tract or parcel of land situated in the Alexander Hood Survey,Abstract No. 683, Tarrant County,Texas, being a tract of land described in deed to John Devivo and Lindsay Devivo, husband and wife, recorded under Instrument No. D219256385, Deed Records,Tarrant County,Texas (D.R.T.C.T.), and being more particularly described by the following metes and bounds description: COMMENCING from a %-inch iron rod found for corner in the South line of Lot 1, Block 1, Bathman Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-193, Page 14, Plat Records, Tarrant County, Texas (P.R.T.C.T.), at the Northeast corner of Lot 10, Block 26, Kingswood Estates, an addition to the City of North Richland Hills, Tarrant County,Texas, according to the Plat thereof recorded in Cabinet A, Slide 4258(P.R.T.C.T.); THENCE North 89 degrees 58 minutes 34 seconds West, a distance of 178.97 feet to a 5/8-inch iron rod found for corner at the Southwest corner of said Lot 1, at the Northwest corner of Lot 9 of said Block 26, being in the East line of said Devivo tract and being the PLACE OF BEGINNING of the herein described tract; THENCE South 00 degrees 15 minutes 11 seconds East, a distance of 149.99 feet to a point for corner at the Southwest corner of said Lot 9, at the Northwest corner of Lot 8 of said Block 26; THENCE South 00 degrees 12 minutes 05 seconds East,a distance of 136.06 feet to a%-inch yellow-capped iron rod set for corner in the West line of said Lot 8, at the Northerly Northeast corner of Lot 9, Block 24, Kingswood Estates, an addition to the City of North Richland Hills,Tarrant County,Texas, according to the Plat thereof recorded in Cabinet A, Slide 3650(P.R.T.C.T.); THENCE North 89 degrees 45 minutes 12 seconds West, a distance of 166.36 feet to a point for corner in the North line of Lot 12 of said Block 24, at the Southeast corner of a tract of land described in deed to Thornton Cornell and Shelley B. Cornell, recorded under Instrument No. D206282080(D.R.T.C.T.); THENCE North 00 degrees 08 minutes 23 seconds West, a distance of 523.70 feet to a point for corner in Bursey Road South, at the Northeast corner of said Cornell tract; THENCE South 89 degrees 45 minutes 12 seconds East, a distance of 165.96 feet to a point for corner at the Northwest corner of said Lot 1, from which a 5/8-inch iron rod found for reference bears South 02 degrees 08 minutes 23 seconds West, a distance of 0.51 feet; THENCE South 02 degrees 08 minutes 23 seconds West, a distance of 35.22 feet to a%-inch iron rod found for corner; THENCE South 00 degrees 31 minutes 25 seconds East, a distance of 202.46 feet to the PLACE OF BEGINNING and containing 86,801 square feet or 1.99 acres of land. "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: ZC23-0050, Ordinance No. 3778, Public hearing and consideration of a request from Rick Figueroa for a special development plan for a transitional parking lot at 6412 Davis Boulevard, being 6.93 acres described as Tracts 2A2, 2A2F, 2C1, 2C1D, and 2C1D1, John H. Barlough Survey, Abstract 130. (CONTINUED FROM THE FEBURARY 27, 2023, CITY COUNCIL MEETING) PRESENTER: Clayton Comstock, Planning Director SUMMARY: Rick Figueroa is requesting approval of a special development plan (SDP) in the Smithfield Transit Oriented Development (TOD) district. The applicant proposes to construct a transitional parking lot on the property to provide additional parking spaces for the adjacent property to the north. The site is located on the east side of Davis Boulevard and south of Main Street. GENERAL DESCRIPTION: The project is located within the "General Mixed Use" Character Zone of the Smithfield TOD District. This subzone is generally outside the immediate influence of the transit station and is intended to permit a wide range of uses that includes retail, office, residential, cottage and service-oriented industrial activities. The property is currently developed with a gas pipeline valve station located near the south center of the site. Constructed in 2011, the valve site is connected to natural gas gathering lines that serve gas well sites in the area. The property is accessed by a drive approach on Davis Boulevard with a paved 24-foot access drive that connects to the valve site. HISTORY In 2014, a special development plan (SDP) was approved for a gas drilling site on the property for Chesapeake Energy. The "BJG" drilling site proposed six gas wells on 2.25 acres. The SDP was approved by City Council on December 8, 2014 (Ordinance No. 3348), but the drilling site was not developed within its 5-year approval period and has thus expired. The approved SDP included a master development plan that indicated potential building and street layouts for the subject property and surrounding area. The plan was intended to create a feasible concept plan for the area and ensure the gas drilling operation fit within the neighborhood context. "K NOKTH KICHLAND HILLS On the subject property, a street connection was required to connect Davis Boulevard to the rear of the site and provide circulation to Main Street and Cardinal Lane. A condition of approval of the SDP was that this street connection be dedicated as right-of-way and the street constructed to meet TOD standards. The street connection is a requirement of the Smithfield TOD regulating plan, which establishes the general location of streets and functions as a refinement of the Transportation Plan. The graphics below show the concept plan and the TOD regulating plan. 9G�� il.rmn.rtYHW(34flCm(Fr4ntlrp�7AAVewM f r/RmJ ;+ ,,,,, �i/%li�lnrl(l G';//%/ l % �1 P ii /7i; . /% 1�JJ�//I� �� V / %flJll.� j i ¢ /��� / � mr hl4rmxir �uf M �, � i� o � //i 19 /,N �Ff , «//G/ 11111g 6 armm j J l�f r /" �j N rr l fIAI /r D % �r %/ f� ` % 1 f�� l� 2014 CONCEPTUAL MASTER PLAN(ORDINANCE 3rl 8t iui iorr,NiwooiraNrmirw,N �� ' +„ n✓ r4: / NIX w4 I 1 Irrwvw' I'I wa mrw, , wr Jrow w�..q �w w; id Jf IVi� %% I (i% SMITHFIELD TOD REGULATING PLAN(PORTION) "K NOKTH KICHLAND HILLS The applicant purchased the subject property at the end of 2022 and owns the property to the north which has developed with three (3) buildings over time. Special development plans have been approved for the property to the north, and the following is a summary of those approvals. This request for the transitional parking lot is directly related to the existing development on the adjacent property, and this relationship is discussed in more detail below. • In 2014, the initial SDP was approved for the site to the north to allow for the renovation of an existing building for a custom metal fabrication business with screened outside storage. The approved standards established a parking requirement of one space per 250 square feet of commercial floor area. The SDP was approved by City Council on August 11, 2014 (Ordinance 3324). • In 2018, a revised SDP was approved, which allowed for the construction of a warehouse building at the rear of the property. The approved standards established a parking requirement of one space per 447 square feet of commercial floor area. The SDP was approved by City Council on March 26, 2018 (Ordinance 3500). • In 2019, a revised SDP was approved to allow for the construction of a two-story, 10,618 square foot office/commercial building on the west side of the property adjacent to Davis Boulevard. The SDP addressed approval of a brewpub use (Keyworth Brewery) and established a parking requirement of one space per 500 square feet of building area for the site. The SDP was approved by City Council on May 13, 2019 (Ordinance 3580). Since 2019, a gym and fitness center business, Absolute ReComp, has occupied the entire 18,000 square foot "Building 2," which is the first building constructed on the site that was originally planned for light industrial uses. The gym is a high-volume traffic generator. During peak business periods, gym members have difficulty parking on-site and had parked on the subject property until signage and barriers were installed by the previous owner prohibiting the parking. Furthermore, the front "Building 1" approved in 2019, which will house Keyworth Brewery, is close to seeking certificates of occupancy. The applicant purchased the subject property in 2022 and is now seeking approval of an off-site transitional parking lot area to alleviate the parking situation and provide additional parking for the new building. PROPOSED TRANSITIONAL PARKING LOT A special development plan exhibit is attached for the property under consideration. The owner proposes to construct a transitional parking lot on the property. A transitional parking lot is a surface parking lot that is ultimately intended to be infilled with buildings to support the transit oriented development areas and may serve as a temporary primary use of a property. Transitional parking lots require case-by-case approval in the TOD districts. The proposed improvements include the construction of a new concrete parking lot with 70 spaces on the north side of the existing gas valve site access drive. A parking lot drive "K NOKTH KICHLAND HILLS aisle would connect to the property to the north, spanning an existing earthen drainage channel between the two properties. The connection would accommodate both vehicles and pedestrians. The drainage channel is located on property not owned by the applicant, and an easement must be obtained in order to make the connection. As part of the request, the applicant is seeking approval to allow parking on grass until the construction of the new parking lot is complete. The applicant has identified an area of about 9,000 square feet at the northwest corner of the property along Davis Boulevard that would be used for temporary grass parking for customers of the gym and the new building to the north. The Development Review Committee recommends denial of this part of the request, and that the applicant comply with Section 118-831(9) of the Zoning Ordinance, which requires parking on paved surfaces. ... f Hro _J..1 ... .. 1 Y � � ✓ rI ....... .... ...... _ —,_.— p I:m:I bl!II I C � I 71 -.. .. ..��-.._.. ..._..-..._... Minimum Parking Ratios As summarized above, prior SDP approvals on the property north of the subject property have allowed the required number of parking spaces to decrease. The rationale for that decrease was that many of the originally proposed uses were planned to generate a lower traffic and parking demand. This off-site parking lot would provide the number of parking spaces required to bring the site up to compliance with the minimum parking of the TOD and allow for future growth on the subject property itself. The below table summarizes the parking required by TOD code as it relates to the two properties. "K NOKTH KICHLAND HILLS MEMEMEM Building 1(Keyworth) 10,618 43 Building 2(Absolute Recomp) 18,000 72 Building 3(Flex) 8,350 34 Total 36,968 149 With this proposed transitional parking lot, the applicant is providing a total of 167 parking spaces between both the existing property and this new parking lot area. This would satisfy the minimum number of parking spaces required. While this accommodates existing off-site uses, the Development Review Committee is concerned about the future use of the subject property. The applicant has demonstrated plans for a 7,200 square foot retail/restaurant building (29 required parking spaces) and other uses. A conceptual layout provided by the applicant shows future development to follow the standard parking requirements of the TOD Code. DRC REVIEW: The Development Review Committee (DRC) evaluated the proposal based on the design intent and standards for the Smithfield TOD area and recommends denial of the request as presented. The DRC recommends that the applicant apply for an amendment to the most recent SDP for the property to the north to incorporate the subject property to accommodate all current and proposed uses and parking. If the request were to be approved, the DRC recommends the following conditions- 1. Temporary grass parking on the property is prohibited except for equipment and activities related to parking lot construction. 2. The parking lot must support a minimum total of 149 parking spaces between both properties. 3. The parking lot must be designed and constructed in accordance with City codes including landscaping and irrigation pursuant to Section 114-71(i) of the City Code regarding landscaping of parking lots. Parking lot lighting must also be installed. These improvements may be deferred six (6) months after the final inspection of the parking lot paving permit. 4. The parking lot paving improvements must be completed within nine (9) months of the effective date of City Council's approval of the Special Development Plan. 5. A vehicular and pedestrian connection must be made to the property to the north. An access easement to cross the drainage channel must be executed and recorded in Tarrant County property records prior to paving permits. Engineering "K NOKTH KICHLAND HILLS design of the proposed vehicular cross-connection showing culvert/drainage design and vertical alignment of the access drive must be approved by the City Engineer prior to issuance of paving permits. 6. The drive aisle and parking lot must integrate features of a TOD General Street, including six-foot wide sidewalks, parking lot setbacks and street trees, and the drive aisle improvements must connect to Davis Boulevard. A minimum five-foot wide sidewalk must be provided along Davis Boulevard between the drive aisle and the north property line. COMPREHENSIVE PLAN & CURRENT ZONING: This area is designated on the Comprehensive Land Use Plan and is currently zoned Transit Oriented Development. The purpose of the transit oriented development code is to support the development of the community's station areas into pedestrian-oriented, mixed-use urban neighborhoods, with convenient access to rail transit, shopping, employment, housing, and neighborhood retail services. The goal of each station area is to encourage an efficient, compact land use pattern; encourage pedestrian activity; reduce the reliance on private automobiles; promote a more functional and attractive community through the use of recognized principles of urban design; and allow property owners flexibility in land use, while prescribing a high level of detail in building design and form. SPECIAL DEVELOPMENT PLAN: The applicant is requesting a special development plan for consideration of modifications to the standards of the transit oriented development district. The special development plan process is intended to allow applicants development flexibility to address specific market opportunities and/or contexts within the transit oriented development district. In evaluating a special development plan, the Planning and Zoning Commission and City Council must consider the extent to which the application meets the following: • the goals and intent of transit oriented development in the city; • provides an alternative"master plan"approach by consolidating multiple properties to create a predictable, market responsive development for the area; • fits the adjoining context by providing appropriate transitions; • provides public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit; and, • does not hinder future opportunities for higher intensity transit oriented development. PLAT STATUS: The property is unplatted. The proposed parking improvements would not require platting the property unless required by City Council as part of the Special Development Plan. A final plat of the property would be required to accommodate any future buildings on the site. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the February 2, 2023, meeting and voted 5-0 to recommend approval subject to the following conditions: 1) allowing a "K NOKTH KICHLAND HILLS temporary grass parking area; 2) landscaping to be installed within six months after construction of the permanent parking lot; 3) addition of barriers or other features to direct pedestrians away from Davis Boulevard to the internal sidewalk; and 4) implementation of TOD street and sidewalk standards where possible. RECOMMENDATION: Deny Ordinance No. 3778 and require the applicant to apply for an amendment to the most recent SDP for the property to the north to incorporate the subject property to accommodate all current and proposed uses and parking. Should the City Council choose to approve the transitional parking lot, staff recommends the following conditions be included- 1. Temporary grass parking on the property is prohibited except for equipment and activities related to parking lot construction. 2. The parking lot must support a minimum total of 149 parking spaces between both properties. 3. The parking lot must be designed and constructed in accordance with City codes including landscaping and irrigation pursuant to Section 114-71(i) of the City Code regarding landscaping of parking lots. Parking lot lighting must also be installed. These improvements may be deferred six (6) months after the final inspection of the parking lot paving permit. 4. The parking lot paving improvements must be completed within nine (9) months of the effective date of City Council's approval of the Special Development Plan. 5. A vehicular and pedestrian connection must be made to the property to the north. An access easement to cross the drainage channel must be executed and recorded in Tarrant County property records prior to paving permits. Engineering design of the proposed vehicular cross-connection showing culvert/drainage design and vertical alignment of the access drive must be approved by the City Engineer prior to issuance of paving permits. 6. The drive aisle and parking lot must integrate features of a TOD General Street, including six-foot wide sidewalks, parking lot setbacks and street trees, and the drive aisle improvements must connect to Davis Boulevard. A minimum five-foot wide sidewalk must be provided along Davis Boulevard between the drive aisle and the north property line. The above conditions have been included in the draft Ordinance 3778, Exhibit B. ............................................................... SOUTHGATE ............................................................................................................................................................................................... ................ .......... ............................. .................. ..................................... ................ ................ 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Prepared by Planning 1/11/2023 N DISCLAIMER This product is for informational purposes and may not nr J I Feet have been prepared for or be suitable for legal,engineering,or surveying 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. �7 �L'/ / ✓ i� ,�� ' � /', °III � � '�:vy y d .dew l i ISO i iiii r I Prepared by Planning 1/11/2023 N DISCLAIMER:This product is for informational purposes and may not nr J I Feet have been prepared foror be suitable for legal,engineering,or surveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. IqRH PUBLIC HEARING NOTICE NORTH KICHLAND HILLS CASE: ZC23-0050 -OWNER- -MAILINGADDRESS- -CITY—STATE- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special development plan as shown on the attached map. APPLICANT Rick Figueroa (Revest LLC) LOCATION 6412 Davis Boulevard REQUEST Public hearing and consideration of a request from Rick Figueroa for a special development plan for a transitional parking lot at 6412 Davis Boulevard, being 6.93 acres described as Tracts 2A2, 2A2F, 2C1, 2C1D, and 2C1D1, John H. Barlough Survey, Abstract 130. DESCRIPTION Construction of a parking lot that will allow for cross access and temporary, shared parking for existing and future businesses. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, February 2, 2023 City Council 7:00 PM Monday, February 27, 2023 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP 90UTHGATE ................. ......... ............. .........LU .......... CARDINAL ---------- -— ------------ ----------- 7— Transitional Parking Lot "qiLL—LL..1 oI .......... -H t' j Lj N0110SCA11 Planning and Inspections Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC23-0050 BATES,GEORGIA MAXINE ETAL 6433 DAVIS BLVD NORTH RICHLAND HILLS,TX 76182 G&H GROUP LLC 75 MAIN ST STE 100 COLLEYVILLE,TX 76034 G 0 0 PROPERTY DEVELOPMENT PO BOX 92879 SOUTHLAKE,TX 76092 HAYS FAMILY REVOCABLE LIVING TRUST 7625 JOHN AUTRY RD NORTH RICHLAND HILLS,TX 76182 KEOGEL,MAURA 6820 CLIFF ST NORTH RICHLAND HILLS,TX 76182 O'CONNOR,JAMES 8221 CARDINAL LN NORTH RICHLAND HILLS,TX 76182 RECKER,CHRISTOPHER 2612 LAKE SHORE DR KELLER,TX 76248 REVEST LLC 8800 KIRK LN NORTH RICHLAND HILLS,TX 76182 REYES,CARLOS 6801 CURTIS RD COLLEYVILLE,TX 76034 SMURFIT KAPPA NORTH AMERICA LLC 125 E JOHN CARPENTER FWY STE 1500 IRVING,TX 75062 TOTAL E&P USA REAL ESTATE LLC PO BOX 17180 FORT WORTH,TX 76102 YARBROUGH,ANGIE LEIGH 6400 DAVIS BLVD NORTH RICHLAND HILLS,TX 76182 ZETA PROPERTIES 8209 LLC 209 W 2ND ST#188 FORT WORTH,TX 76102 ............................................................... SOUTHGATE ................ ............................. .................. ............... ............... ................ ................ ................ LLJ Q .................. C7 .......... ............... ................. ................ ......... ....... .................. ............................. ............................................ .............. ............. ............... .................. I'll,, ............... .............. 4111111 ........................... ................................................................................................ ........... ............... ..................................................... ................................ CARDINAL ............... ........................................................................... ............... ............... Prepared by Planning 1/11/2023 N DISCLAIMER This product is for informational purposes and may not nr J I Feet have been prepared for or be suitable for legal,engineering,or surveying 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. ORDINANCE NO. 3778 SPECIAL DEVELOPMENT PLAN CASE ZC23-0050 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL DEVELOPMENT PLAN FOR A 6.93-ACRE TRACT OF LAND WITHIN THE SMITHFIELD TRANSIT ORIENTED DEVELOPMENT DISTRICT LOCATED AT 6412 DAVIS BOULEVARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Plan and the Zoning Ordinance of the City of North Richland Hills require a Special Development Plan within the Smithfield Transit Oriented Development zoning district; and WHEREAS, the owner of property located at 6412 Davis Boulevard (the "Property") has filed an application for a Special Development Plan and consideration of waivers to the Transit Oriented Development code applicable to the property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 2, 2023, and the City Council of the City of North Richland Hills, Texas, held a public hearings on February 277 2023, and March 6, 2023, with respect to the Special Development Plan described herein; and Ordinance 3778 ZC23-0050 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the special development plan should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving the request for a Special Development Plan, including specific waivers to the Transit Oriented Development code, as provided herein on 6.93 acres of land, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes, commonly referred to 6412 Davis Boulevard, attached hereto incorporated herein for all purposes. Section 2: The use of the property described above shall be subject to all applicable regulations contained in the Land Use and Development Regulations set forth in Exhibit "B," attached hereto and incorporated for all purposes, and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 3: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the special development plan, including specific waivers to the Transit Oriented Development code, in accordance with the requirements of the Transit Oriented Development Code, and the Concept Plan shown on Exhibit "C," attached hereto and incorporated for all purposes, which is approved. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the Ordinance 3778 ZC23-0050 Page 2 of 4 conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 6th day of March, 2023. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance 3778 ZC23-0050 Page 3 of 4 ATTEST: Alicia Richardson City Secretary/ Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance 3778 ZC23-0050 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3778— Page 1 of 1 Special Development Plan Case ZC23-0050 Tracts 2A2,2A2F,2C1,2C1D, and 2C1D1;John H Barlough Survey,Abstract 130 6412 Davis Boulevard, North Richland Hills,Texas BEING a tract of land out of the John H. Barlough Survey, Abstract Number 130 in the City of North Richland Hills,Tarrant County, Texas, and being the same tract of land described as M163 in the deed to Total E&P USA Real Estate, LLC,a Delaware Limited Liability company, recorded under Instrument Number D216266570, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.) and refiled under Instrument Number D219187920, O.P.R.T.C.T., the subject tract being more particularly described as follows: BEGINNING at a %-inch rebar found at the southwest corner of said M163 tract, being in the east right- of-way of FM 1938, also known as Davis Boulevard, being a variable width right-of-way; THENCE North 01 degrees 15 minutes 38 seconds East with said east right-of-way of FM1938, a distance of 193.36 feet to a 3/8-inch rebar found for the south corner of that certain tract described in the deed to the State of Texas recorded in Volume 9485, Page 724, Deed Records,Tarrant County,Texas; THENCE North 05 degrees 38 minutes 50 seconds East, with the east line of said State of Texas tract, a distance of 248.86 feet (deed call 243.86 feet) to a %-inch capped rebar stamped "JPH Land Surveying" set on the southwest line of a 15-foot drainage easement, as shown on John's Addition, an addition in the City of North Richland Hills,Tarrant County,Texas,according to the plat thereof, recorded in Volume 388- 79, Page 32, Plat Records, Tarrant County, Texas, at the southwest corner of the tract described in the deed to Georgia Maxine Bates and Allen Hardy Sander, recorded in Volume 12151, Page 2088, Deed Records,Tarrant County,Texas; THENCE South 89 degrees 47 minutes 08 seconds East, with the south line of said Bates &Sanders tract, a distance of 620.54 feet to a %-inch capped rebar stamped "JPH Land Surveying" set in the west line of the tract described in the deed to G&H Group LLC, recorded under Instrument Number D222226989, O.P.R.T.C.T., from which a %-inch rebar found for the northwest corner of said G&H tract bears North 00 degrees 58 minutes 53 seconds West, a distance of 404.89 feet; THENCE South 00 degrees 58 minutes 53 seconds East,with the said west line of the G&H tract,a distance of 497.54 feet to a %-inch rebar found at the southeast corner of the M163 tract, from which a %-inch rebar found for the westernmost southwest corner of the G&H tract bears South 00 degrees 58 minutes 53 seconds East, a distance of 33.17 feet; THENCE South 89 degrees 23 minutes 23 seconds West, with the most easterly south line of the M163 tract, a distance of 379.44 feet to a %-inch rebar found in the east line of Lot 4-R, John's Addition, a subdivision in the City of North Richland Hills, recorded in Cabinet B, Slide 860, Plat Records, Tarrant County,Texas,from which a PK nail found at the southeast corner of said Lot 4-R bears South 00 degrees 53 minutes 11 seconds East, a distance of 234.92 feet; THENCE North 00 degrees 53 minutes 11 seconds West, with said east line of Lot 4-R, a distance of 62.16 feet to a reentrant corner of the M163 tract, called to the be northeast corner of Lot 4-R, from which a set witness %-inch capped rebar stamped "JPH Land Surveying" bears South 89 degrees 57 minutes East, a distance of 9.9 feet; Exhibit A— Property Description—Ordinance No. 3778— Page 2 of 1 Special Development Plan Case ZC23-0050 Tracts 2A2,2A2F,2C1,2C1D, and 2C1D1;John H Barlough Survey,Abstract 130 6412 Davis Boulevard, North Richland Hills,Texas THENCE North 89 degrees 51 minutes 10 seconds West, with the most westerly south line of the M163 tract, a distance of 277.43 feet returning to the POINT OF BEGINNING and enclosing 6.93 acres of land, more or less. Exhibit B—Land Use and Development Regulations—Ordinance No. 3778— Page 1 of 2 Special Development Plan Case ZC23-0050 Tracts 2A2,2A21F,2C1,MD,and 2C1D1;John H Barlough Survey,Abstract 130 6412 Davis Boulevard, North Richland Hills,Texas This Special Development Plan (SDP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of TOD Transit Oriented Development.The following regulations shall be specific to this Special Development Plan.Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted Land Uses. Uses in this SDP shall be limited to those permitted in the General Mixed Use - Smithfield character zone of the TOD Transit Oriented Development district with the addition of the following. 1. Transitional surface parking lot B. Building form and development standards. Development of the property must comply with the development standards of the TOD Transit Oriented Development district,the conceptual parking lot site plan attached hereto as Exhibit C, and the standards described below. 1. The parking lot must provide at least fifty-seven (57) parking spaces on the property. 2. The parking lot paving improvements must be completed within nine (9) months of the effective date of this Ordinance. 3. All parking areas must be landscaped and irrigated in accordance with Section 114-71 (Landscaping regulations) of the Code of Ordinances. Landscaping and irrigation improvements must be completed within six (6) months of final inspection of the paving improvements. 4. Parking lot lighting must be installed in accordance with Section 118-728 (Outdoor lighting) of the Code of Ordinances. Parking lot lighting must be installed within six (6) months of final inspection of the paving improvements. 5. A vehicular and pedestrian connection must be made to the property to the north. 6. All plans for the parking lot, including the crossing of the drainage channel, must be approved by the city engineer prior to the issuance of paving permits. 7. An access easement to cross the drainage channel must be executed and recorded in Tarrant County property records prior to the issuance of paving permits. 8. A sidewalk of at least five feet in width must be provided between the drive aisle and the north property line. 9. A five-foot wide sidewalk must be constructed on the Davis Boulevard frontage between the drive approach and the north property line. D. Administrative Approval of Site Plans. Site plans that comply with all development-related ordinances and this Ordinance shall be administratively approved by the Development Review Committee. Substantial deviations or amendments from the development standards or site plan must be processed in the same manner as the original approval. The application for an amendment or Exhibit B—Land Use and Development Regulations—Ordinance No. 3778— Page 2 of 2 Special Development Plan Case ZC23-0050 Tracts 2A2,2A21F,2C1,MD,and 2C1D1;John H Barlough Survey,Abstract 130 6412 Davis Boulevard, North Richland Hills,Texas revision must include all land described in the original ordinance that approved the Special Development Plan. The city manager or designee may approve minor amendments or revisions to these special development plan regulations provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. Exhibit C-Special Development Plan Exhibits-Ordinance No.3778-Page 1 of 1 o III II ---------- .r �— ---------------- I � I i �F I I, I, II I I i i 1= �o --�—�� I i I SITE DEVELOPMENT PLAN:. _ --- XXXXXXXXXXXXXXX ®® n A1.02 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE FEBRUARY 2, 2023 CA ZC23-0050 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RICK FIGUEROA FOR A SPECIAL DEVELOPMENT PLAN FOR A TRANSITIONAL PARKING LOT AT 6412 DAVIS BOULEVARD, BEING 6.93 ACRES DESCRIBED AS TRACTS 2A2, 2A2F, 2C1, 2C1D, AND 2C1D1, JOHN H. BARLOUGH SURVEY, ABSTRACT 130. APPROVED Chair Welborn opened the public hearing and called for the applicant to present the request. Rick Figueroa, 8800 Kirk Lane, North Richland Hills, Texas, presented the request Chair Welborn and the applicant discussed the purchase of the land and the proposed temporary parking arrangement. Chair Welborn and Mr. Comstock discussed accessibility standards for the proposed temporary overflow parking. Ex-Officio Ross and the applicant discussed other shared parking options, traffic circulation, and hours of existing and future businesses as they relate to parking needs. Chair Welborn and Mr. Frohman discussed the proposed sidewalk along Davis Boulevard. Chair Welborn and the applicant discussed the timing for construction of the permanent parking lot. Ex-Officio Ross and the applicant discussed the proposed number of parking stalls for the temporary lot. Chair Welborn called for anyone wishing to speak for or against the request to come forward. February 02, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 2 Michelle Keyworth, 9040 Creede Trail, Fort Worth, Texas, spoke in favor of the request. Chair Welborn and Ms. Keyworth discussed the number of employees and proposed hours of her business operation. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Welborn closed the public hearing. Commissioner Stamps and Mr. Comstock discussed the long term plan for the Smithfield TOD areas and how this request fits with that plan. Chair Welborn and Mr. Comstock discussed the potential liability if any for the City related to temporary grass parking. Ex-Officio Ross and Mr. Comstock discussed the possibility of an expiration date for the temporary lot. Commissioner Stamps, Ex-Officio Ross, and Mr. Comstock discussed the recommended Development Review Committee conditions for the application. Mr. Comstock discussed the TEXRail station parking lot and how it was designed to include a location for future building construction. A MOTION WAS MADE BY VICE CHAIR LUPPY, SECONDED BY COMMISSIONER STAMPS TO APPROVE ZC23-0050 SUBJECT TO THE CONDITIONS OUTLINED BY THE DEVELOPMENT REVIEW COMMITTEE, ALLOWING A TEMPORARY GRASS PARKING AREA, LANDSCAPING TO BE INSTALLED WITHIN SIX MONTHS AFTER CONSTRUCTION OF THE PERMANENT PARKING LOT, ADDITION OF BARRIERS OR OTHER FEATURES TO DIRECT PEDESTRIANS AWAY FROM DAVIS BOULEVARD TO THE INTERNAL SIDEWALK, AND IMPLEMENTATION OF TOD STREET AND SIDEWALK STANDARDS WHERE POSSIBLE. MOTION TO APPROVE CARRIED 5-0. February 02, 2023 Planning and Zoning Commission Meeting Minutes Page 2 of 2 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: Conduct a public hearing and consider Resolution No. 2023-017, adopting the 49th Year Community Development Block Grant Program PRESENTER: Kristin James, Assistant Director of Neighborhood Services SUMMARY: The United States Department of Housing and Urban Development (HUD) requires that a public hearing be held so that the City can receive comments and input from citizens regarding the 49t"Year Community Development Block Grant program project. Following the public hearing it is necessary for City Council to take action regarding the project to include in the 49t" Year Community Development Block Grant (CDBG) program. Tarrant County and the City of North Richland Hills have entered into a joint agreement whereby Tarrant County is given the authority to administer the program. GENERAL DESCRIPTION: In 1996, HUD designated the City of North Richland Hills as a metropolitan city to receive direct entitlement of Community Development Block Grant (CDBG) funds. On June 24, 1996 the City Council accepted the direct entitlement designation and entered into an agreement with Tarrant County for the administration of the City's CDBG program. As a result of the direct entitlement designation, the City is awarded an annual grant on a formula basis to help provide a wide range of community development activities. CDBG funds are used in the revitalization of neighborhoods, economic development, and to provide public facilities and services for low to moderate income persons. Eligible CDBG projects include construction or rehabilitation of homes, basic infrastructure development such as water/sewer facilities, streets and other programs that target designated areas or persons. The programs/projects selected by the City must fall in the geographic target area identified by the most recent census as being in an area with low to moderate income persons. Each program year, the City must prepare and submit a CDBG program outlining the use of these funds in accordance with HUD guidelines. Staff was informed that the City of North Richland Hills will be awarded approximately $340,000 for the 49t" Year CDBG project. The proposed use for this money is to reconstruct approximately 1,700 linear feet of sanitary sewer line along the 3500 block of Sheridon Drive and the 3500 block of Garwood Drive (see attached map). The existing sewer lines are experiencing ongoing issues due to pipe settlement in some areas. Currently there are 6" clay tile sewer lines, IrLp NOKTH KICHLAN HILLS and the proposed lines will be a 6" PVC pipe. The current estimate for the reconstruction is approximately $311,000, in line with what the projected grant funding will be. The project will be managed and paid for directly by Tarrant County. HUD requires that a public hearing be held so that the City can receive comments and input from citizens regarding the 49t" Year CDBG program project. RECOMMENDATION: Approve Resolution No. 2023-017, adopting the 49t"Year Community Development Block Grant Program. 49th Year CDBG Project Sheridon / Garwood Sanitary Sewer Project 1 P iu I � F r � ` / rr f!7 r r f Legend Current Floodplain - NRH 1 Flood Zone AE (1% Chance / 100-yr) A o 1 /o Chance / 1 00- r /`t�✓ � `�%,� � � ry;( �F �%rs� ��/� 1 r rV� �t f ii i� id � ( y ) �r Shaded X (0.2 % Chance/ 500-yr) Floodway Sanitary Sewer Facilities CO r' e, '', SSMH Sanitary Sewer Lines RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS APPROVING THE PROJECT FOR THE 49TH ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills will receive Community Development Block Grant (CDBG) funds for the 49t" CDBG program year; and WHEREAS, CDBG funds are used to assist with revitalization of neighborhoods, economic development, and to provide public facilities and services for low to moderate income areas; and WHEREAS, the City of North Richland Hills is desirous to receive CDBG funds to improve the quality of life in the identified target area of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City requests approximately$311,000 in CDBG funding for the 49tn Year CDBG program. SECTION 2. That the North Richland Hills City Council hereby designates the 49t" Year CDBG Project as the reconstruction of approximately 1,700 linear feet of sanitary sewer line along the 3500 Blocks of Sheridon Drive and Garwood Drive (the "Project"). SECTION 3. That the entire amount received in CDBG funds for the 49t" Year be used for the Project. SECTION 4. That this Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED this the 6t" day of March, 2023. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Caroline Waggoner, Public Works Director IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: Conduct a public hearing and approve Ordinance No. 3783, amending the Fiscal Year 2022-2023 Adopted Operating Budget PRESENTER: Trudy J. Lewis, Director of Budget and Research SUMMARY: The City Council is requested to conduct a public hearing and receive public comments on proposed amendments to the Fiscal Year 2022-2023 Adopted Operating Budget. At the conclusion of the public hearing, Council is requested to consider the approval of Ordinance No. 3783, approving the proposed budget amendment not to exceed $40,391. GENERAL DESCRIPTION: The Fiscal Year 2022-2023 Operating Budget was adopted by the City Council on September 12, 2022 and became effective at the start of the fiscal year on October 1, 2022. City Council is being requested to consider an amendment to establish a new Chapter 54 Code Enforcement Civil Court. The City Attorney's Office, City Manager's Office, Neighborhood Services Department and Municipal Court have collaborated to propose implementation of a new Chapter 54 Code Enforcement Civil Court. A budget amendment is necessary to provide funds to do the following activities- - Create a fulltime Court Case Manager on staff to handle the court filings resulting from this new civil court. - Contract with an associate judge and a substitute judge in the absence of the associate judge. - Establish a Compliance Assistance Fund that is funded from $50 from each violation filed under the Code Enforcement Civil Court. This fund will provide financial assistance to indigent residents as applicable under the program guidelines. - An increase in pay for the additional job duties being assumed by personnel in the City Attorney's Office. The impact of the amendment on the Fiscal Year 2022-2023 Operating Budget is summarized below. IrLp NOKTH KICHLAN HILLS Department Adopted Amendment Amended 2022-23 03.06.23 2022-23 Municipal Court $1,568,159 $35,580 $1,603,739 CityAttorney's Office $ 676,316 $ 4,811 $ 681,127 At the conclusion of the public hearing, staff requests that City Council consider Ordinance No. 3783, amending the Fiscal Year 2022-2023 Budget. A notice of public hearing was posted in the Star Telegram on Friday, February 17, 2023 and is included as Attachment B to this item. RECOMMENDATION: Approve Ordinance No. 3783. ORDINANCE NO. 3783 AN ORDINANCE AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023, 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 17, 2023, 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, 2022, and ending September 30, 2023 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, 2022 and ending September 30, 20237 as set forth in Attachments A and B, is hereby amended and approved as filed herewith. A copy of the amended budget shall be filed with the City Secretary. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, City of North Richland Hills, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. Ordinance No. 3783 Page 1 of 3 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 6t" day of March, 2023. 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: Trudy J. Lewis, Budget & Research Director Ordinance No. 3783 Page 2 of 3 Ordinance No. 3783 Page 3 of 3 Attachment A Summary of March 6, 2023 Amendment FY 2022-23 Amended Operating Budget ADOPTED AMENDED REVISED BUDGET 03.06.23 BUDGET FY 2022/23 FY 2022/23 FY2022/23 Municipal Court Administration/ Prosecution $ 984,602 $ (17,365) $ 967,237 Warrant Division $ 457,108 $ - $ 457,108 Teen Court $ 126,449 $ 51,945 $ 178,394 Compliance Assistance Fund $ - $ 1,000 $ 1,000 Total Municipal Court $ 1,568,159 $ 35,580 $ 1,603,739 City Attorney's Office Administration $ 676,316 $ 4,811 $ 681,127 Total Amendment Amount $ 40,391 NOTICE OF PUBLIC HEARING 2022-2023 AMENDED BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2022-2023 amended budget on Monday, March 6, 2023 during the regular 7.00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 4301 City Point Drive, North Richland Hills, Texas. "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: PLAT23-0032 Consideration of a request from Stuart Threadgold for a final plat of Lots 9 and 10, Block 1, Oakvale Addition, being 2.0 acres located at 7540 Bursey Road South. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Stuart Threadgold is requesting approval of a final plat of Lots 9 and 10, Block 1, Oakvale Addition. This 2.0-acre property is located at 7540 Bursey Road South. GENERAL DESCRIPTION: The property under consideration is a 2.0-acre site located on the south side of the street where Bursey Road South turns to a north-south direction. Adjacent properties include both multi-acreage residential lots and conventional single-family subdivisions (Fair Oaks Estates and Kingswood Estates). The property is developed with a single-family residence. It is unplatted and has 166 feet of frontage on Bursey Road South and is approximately 523 feet deep. The exhibit to the right shows the proposed lot arrangement. The northern lot (Lot 1) has 116 feet of frontage on Bursey Road J South. The southern lot (Lot 2) is proposed as a flag-shaped lot. 5a. While flag-shaped lots are permitted, the zoning ordinance and subdivision regulations require that this type of lot provide at least 50 feet of frontage on a public street, with the entire leg of the flag ©,r A' lot maintaining the 50-foot width. The lot has 50 feet of frontage 4'�Yfw ,6 ACR'S.��R. p 1.P YJ on the street, but the leg of the lot does not meet the minimum s M 50-foot lot width standard. The narrow portion of the leg is approximately 12 feet wide. u " The owner is requesting a waiver of the standard to approve the lot as presented. Section 110-42 of the subdivision regulations allows for the Planning and Zoning Commission and City Council to consider and approve variances to the regulations where bT,SW.I SSD.iF P.0 MC,HC&d hardships or practical difficulties may result from strict compliance with the regulations. The Planning and Zoning Commission recommended approval of a waiver of the 50-foot lot width standard to allow a 20-foot wide w leg on the southern lot. During their discussion, the Commission stated that 20 feet would be sufficient width for a standard driveway and utilities to serve "K NOKTH KICHLAND HILLS the future residence on the lot. The 20-foot width also ensures that the existing house can conform to building setbacks from the new property lines. A zoning change is also required for the property. The property is zoned AG (Agricultural), and the applicant is requesting a zoning change to R-1 (Single-Family Residential) on the entire property. The zoning change request is a related item on the March 6, 2023, agenda (see ZC22-0046). The proposed lots are summarized in the table below, based on the proposed R-1 zoning district. Lot size: 13,000 SF 43,489 SF 43,500 SF Lot width:85 feet 116 ft 161 ft(buildable area) 12 ft in flag leg Lot depth: 120 feet 288 ft 235 ft Front building line:25 feet 25 ft 25 ft Street frontage:50 feet 116 ft 50 ft Due to the shape of the southern lot, the buildable area on the lot is restricted to the widest portion of the property. To provide adequate setbacks from the existing house on the property to the north, the front building would be measured from the common property line. This places the 25-foot front building line in the widest part of the lot. Site improvements in the narrow portion of the lot would be restricted to driveways, utilities, and landscaping. During the review of the plat, the Development Review Committee (DRC) discussed the effect that the proposed lot arrangement would have on the property. It was noted that the existing property only has 166 feet of street frontage, which is generally not sufficient frontage for more than one standard lot zoned R-1 (Single-Family Residential). In addition, the DRC discussed concerns about the width of the flag on the southern lot. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned AG (Agricultural). The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. A zoning change request to R-1 (Single-Family Residential) is a related item on the March 6, 2023, agenda (see ZC22-0046). "K NOKTH KICHLAND HILLS TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication may be required for this plat depending on the width of the existing right-of-way. ME =I;i, '1 11 i i ® < an Bursey Road South R2U Local Road Local Road 2-lane undivided roadway 50-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH R-2(Single-Family Residential) Low Density Residential Single-family residences (Fair Oaks Estates) WEST AG(Agricultural) Low Density Residential Single-family residences SOUTH R-2(Single-Family Residential) Low Density Residential Single-family residences (Kingswood Estates) R-1(Single-Family Residential) EAST Low Density Residential Single-family residences R-2(Single-Family Residential) PLAT STATUS: The property is unplatted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the February 16, 2023, meeting and voted 5-0 to approve the plat subject to approval of the zoning change request, with the conditions outlined in the Development Review Committee comments, and with a waiver of the 50-foot lot width standard to allow a 20-foot wide leg on the southern lot. DRC REVIEW & RECOMMENDATION: The Development Review Committee recommends approval of the plat subject to Development Review Committee comments with a waiver of the 50-foot width as described by the Planning and Zoning Commission. RECOMMENDATION: Approve PLAT23-0032 subject to Development Review Committee comments with a waiver of the 50-foot lot width standard to allow a 20-foot wide leg on the southern lot. W ....... 0 "� i LLJ r� �- w O ILL ,,,,,,,,,,,, BURSEY 0 w U- 2 s F N f VINEYARD ..................... ..... WOODHAVEN o , w ,,,,,,,,,,,. Prepared by Planning 1/30/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been prepared for or be suitable for legal,engineering,or surveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. N r/ i err f�l9j r� a �f i rr r r r / n Prepared by Planning 1/30/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been prepared for or be suitable for legal,engineering,orsurveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. � � OwNFrz's cwrHiuTe STATE OF TEXAS F .oasa �sro varo eo-,v.,cnev..za�.v..x COUNTY OFTI-11 LXIL Inst�vment No.022136531E Oren Fe'1-Tv 1 c c+„H.(.AT".1I'n9 mO e r ccn r etes vne m".vs ldovs, e py a Nwtn R,Nnv 112' ll I Whereas The Planning and Zoning Commission of the oA r/z-""woo FeuNe FAA ITE seoFLIAIL 11z 11 LIAE11 octtr<reFo zeawITQ s oAaoN woo wFixe A'0IT III IS 11 2'Chy of North Richland IF]],Texas voted affirmatively Trc on this_ d,of ,LII ,to NFT mxAs.AccowOwc Fc[P/AT n0a[aF w[ccwO[O A apprucc this Prclimio n Plat FA—Fa s�mFfa A IFrzETcovosslAAAAAFT10.1 uT:10o a �aa J W;s RF3 oaT,s,9F„M TAEOAA EOF s s/�EE„oA L�oo,E T=o wESTEORER Charim n,Planning and Zoning Cummissmn N B9 IF FEAR"me m111TI ivr NO ezrsrm3ss cFce wEcruas rAwrANr ceursn TEws iz"s'As'uuoeErc s cmrvv cAUFeEzc 1 1 wAs/w. LE�cNN At[es[:Secretary,Plannin and Zuning Cumm iu I I IS 11N AAF11 OF:aO scum e✓k:[v aoAO ANO e[we m[N 421T IIINI O[[O To IAiO owPe[u.11 whcrcas ths:City County of thr City of Nur[hn mtt4 11 Richland Hills,'Ikeas voted affirmatvely on this _ 1 1 1 m as sz za FasT uexa IF cFivrzTnm�E OF sam scum euzsEr ne e,Pussvo A ox Na Feuvo Ar s.ao FET Ax day ,20 ,to approve this Plat for 1 1 1 ro cF EEe/omN/Ne ANo mn7Ammve Azremc3erea-naEoo sovaw[FILL AT ze AWEI N¢ec ew 1Ess ree.is FEET m TrvE Filing of to I d. IW LO 1-16I I V0 oxrcr �/ KNOW ALL MFN 6Y THESE PRESENTS : IJ CI 1 [Ow mel e Mayor,City of NurN Richland Bills i i 1 �1 1 i, p /K l v s�vse,one s,reeec y, y-or-y,on y < p /k oTe oIf 11 �I1Ito .v vve P ---- -------------------------- Aft-: City Scctae STFARTwuO uTareiNa ATITAiL TnBUOcaTO STATE OF m sr ss i1 zo.mss. 1 4� eyASre(we MIL are.rcr F r NTy v reeeeeo ne aft the aPo H maren c shtaa ,.mn I'll:oma/Or P P e ove cO�seecneOv:mvcav c;re���nar my nose—sam of—ms 11 zo n 1 1 C I o.rs.rAI vbHc,n ona roT roTran<..... a3,5oo.1 so.FT. cne.a sda srae I8 /.o Acecse 1 i 1 1 1 1 1 1 tEGFJsu* 40 leliTs ee aasz w iss ev iis _ _TB GRF teAPPEP IRKON R0 l� Ts�e C� 19 MINOR PLAT "ON 15 LOTS I&2 RCM" BEING RENLAT OF 2.0 ACRE J.'F , P(AT 8E198Os;TA ILA ccLNr,TEXAS TRACT OF LAND SITUATED OUT OF oc�N� voc I NuuaEe THE ALENANDER HOOD SURVEY, NF NUMB ABSTRACT No.683,TARRANT TOO no N�FOFC MMeNuNO COUNTY Poo POINT I BFGNA@lG All NOT r0 scI}}acE , �a mom d a��a.v.�r.000,�Q p,o.e o w o DECEMBER 2022 I'I`OSl EC d THIS PLAT IS FILED IN CABINET__SLIDE DATE SURVEYING =® DRAWN BY: VAF J06 N0:22-1629 Development Review Committee Comments 1 1/31/2023 NFt6H Case PLAT23-0032 Oakvale Addition (7540 Bursey Road) WRITTEN STATEMENT OF CONDITIONS The City of North Richland Hills received this plat on January 18, 2023. The Development Review Committee reviewed this plat on January 31, 2022.The following represents the written statement of the conditions for conditional approval of the plat. 1. Informational. A zoning change application was submitted for this property in conjunction with the subdivision plat. The review of the plat was based in part on proposed zoning of R-1 (Single- Family Residential). NRH Subdivision Regulations§110-384(Conformity with zoning regulations) 2. The proposed southern lot does not conform to the minimum lot frontage standards of the proposed R-1 (Single-Family Residential) J zoning district.The width of the leg on the southern lot must be revised to 50 feet in width for the entire length of the leg in order for the lot to comply with the standards. The zoning ordinance and subdivision regulations could allow for a lot to provide only 50 feet of lot width and street frontage,and this standard has been applied in other flag-shaped lot arrangements. l The Development Review Committee (DRC) cannot support the width l of the leg on the southern lot as proposed.The DRC would support and recommend approval of a waiver of the 50-foot width for the portion of the leg to provide for a minimum six-foot building setback adjacent to the existing house, provided the remainder of the leg complies with the 50-foot width. The purpose is to ensure that the existing structures can satisfy all building setbacks from the new property lines and prevent the house from becoming nonconforming in terms of setbacks. See exhibit to right as a guide. A reduction of the width of the leg may be approved only if a waiver is granted by the Planning and Zoning Commission and City Council to this standard. In order to consider a waiver, the applicant must submit a letter stating the grounds for the request and describing the special conditions or circumstances causing hardships thatjustify the waivers being requested.Additional information is available online at 0usl���:�u�u ii0irr � gu�ll,� ii0irr 0aii0irr aD . NRH Subdivision Regulations§110-90(Frontage on improved roads required)and NRH Zoning Ordinance§118-591 (Lot widths, irregular and/or cul-de-sac) 3. Change the legal description of the property to Lots 9 and 10, Block 1, Oakvale Addition. Update this reference on the drawing,title block,dedication statement,and other relevant instances.City policy requires that single-lot plats adopt the predominant subdivision name in the area or the underlying survey name. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—subdivision name) 4. Revise the signature block in the owner's certification and dedication statement to read as follows. This revision Is also noted on the marked-up plat. NRH Subdivision Regulations§110-333(Additional requirements for plat drawings—dedication certificate) NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: THAT,Stuart Wayne Threadgold,and Catarina Abigail Threadgold,do hereby adopt this plat designating the hereinabove described real property as Lots 9 and 10,Block 1,Oakvale Addition, an addition to the City of North Richland Hills,Tarrant County, Texas,and do hereby dedicate to the publics'use the streets,alleys,rights-of-way,and any other public areas shown on this plat. Page 1 of 2 1 PLAT23-0032 5. The County clerk recording block may be removed from the drawing. Plats are recorded electronically, and the block is not necessary. NRH Subdivision Regulations§110-333(Additional requirements for plat drawings—county certification) 6. The zoning for the property requires a front building line of 25 feet adjacent to Bursey Road.Add the building Ilnetothe plat.NRH Subdivision Regulations§110-331(Requirements for all plat drawings—building setback lines) 7. Add a 25-foot front building line to Lot 10 measured from the north property line, as shown on the marked-up drawing. NRH Subdivision Regulations§110-331 (Requirements for all plat drawings—building setback lines) 8. Bursey Road South is classified as an R2U Local Road on the Transportation Plan.An R2U roadway requires an ultimate right-of-way of 50 feet. Verify and label the existing right-of-way with established monuments on the opposite side of the street.NRHSubdivision Regulations§110-368(Street right- of-way dedication)and§110-412(Generally—rights-of-way) 9. Show the property lines, easements, and plat recording information of the lots that are within 100 feet of this property, including on the opposite side of Bursey Road. Some easements are noted for reference on the marked-up drawing. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—adjacent properties) 10. Add a 7.5-foot wide utility easement adjacent to the rear property line of both lots. NRHSubdivision Regulations§110-331(Requirements for all plat drawings—easements) 11. Provide a minimum of two sets of NAD83 State Plane coordinates (GRID, not surface) on the plat perimeter. NRH Subdivision Regulations§110-333(Requirements for all plat drawings—metes and bounds description) 12. Add the following notes to the plat: NRH Subdivision Regulations§110-331(Requirements for all plat drawings—plat notes and conditions) a. This plat does not remove any existing covenants or restrictions, if any, on the property. b. No above ground franchise utility appurtenances are allowed in the fronts of the properties. c. The easements indicated on this plat are for the purpose of constructing, using, and maintaining public utilities including underground conduits, manholes, pipes, valves, posts, above ground cables, wires or combinations thereof, together with the right of ingress and egress to operate and maintain the public utilities. DESIGN PRINCIPLES The following comments represent suggested modifications to the plat drawing based on general NRH design principles and standard practices in city planning. While conformance to these principles is not required by the subdivision regulations,the applicant is encouraged to include these modifications as part of the revised plat. 1. Add the City case number near the bottom right corner of the drawing (Case PLAT23-0032). 2. Informational comments. These comments are informational only and do not need to be added to the drawing. a. Lot 9 will retain its current address of 7540 Bursey Road. b. Lot 10 will be addressed as 7544 Bursey Road. c. The use of a septic system on Lot 10 may be approved subject to the requirements of Section 1-03.E (Alternate sewage systems) of the Public Works Design Manual. An approved permit from Tarrant County must be submitted at the time of building permit application. Page 2 of 2 1 PLAT23-0032 GwNEe'S csenFIGATE STATE of texas ""'di" hu,IkY i 11 ,A d'I FIT—aFTAaaANP LEGAL DESCRIPTION nw"ra. dln lem.¢n lTT I un m pi you d1 1 No.ozzrasean osa✓aa�.w ro�o�L c�Drom oa 1 9 o.1a r c,✓ r ate,o�✓on,,,,ns os moos Rm/o�n�;ro Shin/w idl/n m bm I dTlml wn�l�ac Tn�wannmg ana zanmg Gnnmwaum of m� """" _ �. -. 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NTS NOT TO SCALE o.+e our mom or awe y my v v y y v PROSPECT — — — N O I fr��,t �;�z 1 ,[4,%Q IS EH Q 1n lN� ��� IN�.Q �,� I�G��. �n ��� SURVEYING _��� DRAWN BY VAF JOB NO 22-1629 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE FEBRUARY 16, 2023 PLAT23-0032 CONSIDERATION OF A REQUEST FROM STUART THREADGOLD FOR A FINAL PLAT OF LOTS 9 AND 10, BLOCK 1, OAKVALE ADDITION, BEING 2.0 ACRES LOCATED AT 7540 BURSEY ROAD SOUTH. APPROVED WITH CONDITIONS Item D.1 was presented in conjunction with item C.1. Chair Welborn stated 50 feet width is too wide for the proposed lot, and 20 feet is an adequate width since the rear lot could not be subdivided further. Commissioner Stamps stated the 20-foot width would provide sufficient room for vehicles and utilities without affecting adjacent properties. A MOTION WAS MADE BY COMMISSIONER STAMPS, SECONDED BY COMMISSIONER RISCKY TO APPROVE PLAT23-0032 SUBJECT TO DEVELOPMENT REVIEW COMMITTEE COMMENTS AND A WAIVER OF THE 50-FOOT LOT WIDTH STANDARD TO ALLOW A 20-FOOT WIDE LEG ON THE SOUTHERN LOT. MOTION TO APPROVE CARRIED 5-0. February 16, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: Consider Ordinance No. 3784, amending and restating Article II, of Chapter 58, of the City's Code of Ordinances to establish a Code Enforcement Court and authorize an administrative hearing process for code enforcement and nuisance abatement cases in the North Richland Hills Municipal Court, and amend Appendix A, Fee Schedule, to adopt related fees. PRESENTER: Maleshia McGinnis, City Attorney SUMMARY: City staff has reviewed with City Council a proposal to establish a separate division of the North Richland Hills Municipal Court of Record to adjudicate civil cases and establish an administrative process, specifically to hear code enforcement and nuisance abatement cases. The purpose of this item is for the City Council to consider an ordinance establishing the code enforcement court. GENERAL DESCRIPTION: Chapter 54 of the Texas Local Government Code authorizes a municipality to adopt a civil adjudication process and a procedure for administrative adjudication hearings for ordinances related to code enforcement and nuisance abatement as enumerated in Section 54.032 of the Texas Local Government Code. The City Council has identified code enforcement as one the Council's top goals over the last five years. In 2022, City staff from the City Manager's Office, City Attorney's Office, Neighborhood Services, Municipal Court, Police Department and Planning and Building Inspections conducted a comprehensive review of the City's code enforcement process. Staff identified numerous challenges and delays with utilizing a largely criminal enforcement process, or a process that relies on filing code enforcement or nuisance abatement cases in the county district courts. To mitigate these issues, staff is recommending that City Council consider adopting an ordinance creating a second division of the North Richland Hills Municipal Court, and adoption of an administrative process to adjudicate code enforcement and nuisance abatement cases as authorized under the Texas Local Government Code. "K NOKTH KICHLAND HILLS This ordinance will authorize the following- - Expansion of the City's Municipal Court of Record by adding a second court to be referred to as "Municipal Court Division No. 2," to hear civil actions for code enforcement and nuisance abatement cases; - Authorize the appointment of an Associate Judge to hear code enforcement and nuisance abatement cases in Court No. 2; - Create a "quasi-judicial enforcement" process using a Case Manager and appointing an Administrative Hearing Officer to hear code violations through an administrative process; - Authorize a graduated penalty range for violations ranging from a minimum fine of $250 up to $1,000 per day per violation, and providing discretion for egregious cases, cases that are hazardous or pose a danger to public health or safety, and other fines as allowed by law; and - Creating a compliance assistance fund to assist citizens who are deemed indigent. Staff anticipates that approval of this ordinance will require additional staff, equipment and supplies. An associated budget amendment is also on tonight's agenda for City Council's consideration. The anticipated additional costs annually are listed below. Position Anticipated Cost Court No. 2 Associate Judge $157585 Administrative Hearing Officer (Additional duties $77587 for the current Prosecutor) Court Case Manager $537238 Court Reporter Services $57000 TOTAL $81,410 This ordinance will go into effect 30 days following approval and publication. Neighborhood Services Department and Municipal Court will work with the City's Communications Office to devise a public education plan to ensure citizens are aware of the upcoming changes before the ordinance goes into effect. RECOMMENDED ACTION: Approve Ordinance No. 3784, amending and restating Article II, of Chapter 58, of the City's Code of Ordinances to establish a Code Enforcement Court and authorize an administrative hearing process for code enforcement and nuisance abatement cases in ,VOL w InEffumb "K NOKTH KICHLAND HILLS the North Richland Hills Municipal Court, and amend Appendix A, Fee Schedule, to adopt related fees. ORDINANCE NO. 3784 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING AND RESTATING ARTICLE II, OF CHAPTER 58, MUNICIPAL COURT OF RECORD, AUTHORIZING CIVIL ACTIONS AND ESTABLISHING AN ADMINISTRATIVE HEARING PROCESS FOR CODE ENFORCEMENT AND NUISANCE ABATEMENT CASES IN THE NORTH RICHLAND HILLS MUNICIPAL COURT OF RECORD, AND AMENDING APPENDIX A, FEE SCHEDULE, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO ADOPT RELATED FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; ESTABLISING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; 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 Texas Local Government Code; and WHEREAS, The City Council enacted Code 1975, Sec. 16 '/2-1 establishing Chapter 58 of the Code of Ordinances to establish a municipal court of record within the city; and WHEREAS, The City Council finds it in the best interest of the citizens to expand the city's current municipal court jurisdiction to provide alternatives to adjudication and enforcement of the city's ordinances related to nuisance abatement and substandard structures; and WHEREAS, The City Council deems it necessary to amend Chapter 58 to modify municipal court authority and procedures to provide a morejust and efficient avenue for disposition of cases arising in the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Article II, of Chapter 58 is hereby amended and restated in its entirety and replaced as follows: ARTICLE II. — MUNICIPAL COURT OF RECORD DIVISION 1. — GENERALLY Ordinance No. 3784 Page 1 of 14 Sec. 58-31 — Municipal court of record established. A municipal court of record shall exist in the city to be known as the "Municipal Court of Record in the City of North Richland Hills"with two divisions to be known as "Division No. 1" and "Division No. 2." Sec. 58-32 — Jurisdiction. In addition to the jurisdiction provided by general law for municipal courts of record in accordance with Texas Government Code § 30.00005 and for criminal cases arising under ordinances authorized by Texas Local Government Code §§ 215.072, 217.042, 341 .903 and 401.002, the Municipal Court of Record in the City of North Richland Hills shall have concurrent jurisdiction with the justice court in any precinct in which the city is located in criminal cases that arise within the territorial limits of the city. The courts also shall have- (1) Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Texas Local Government Code, or Subchapter E, Chapter 683, Texas Transportation Code; (2) Concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Texas Local Government Code, within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; (3) Civil jurisdiction and administrative enforcement authority under Subchapter C, Chapter 54 of the Texas Local Government Code, within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction, for the purpose of adjudication and quasi-judicial enforcement of health and safety and nuisance abatement ordinances; (4) Concurrent jurisdiction with a district court and a justice court over expunction proceedings relating to the arrest of a person for an offense punishable by fine only; and (5) Authority to issue: a. Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and b. Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises. Ordinance No. 3784 Page 2 of 14 The clerk of the municipal court is authorized to charge and collect fees and costs for litigation and administrative hearings filed in municipal court pursuant to Subchapter B and Subchapter C, Chapter 54 of the Texas Local Government Code. The fees and costs charged and collected will be consistent with those authorized by law to be collected by a clerk of a county court. The procedures set forth in Subchapter B and Subchapter C, Chapter 54 of the Texas Local Government Code shall govern actions brought under Subchapter B and Subchapter C, Chapter 54 of the Texas Local Government Code, respectively. Sec. 58-33 — Judges. The Municipal Court of Record in the City of North Richland Hills shall be presided over by one or more judges in each Division, meeting the requirements of Texas Government Code § 30.00006. The term of office of the municipal judges shall be for two years. Each judge shall be appointed by the city council by ordinance, which shall also include the salary for the term for which such judge is appointed. If a vacancy occurs during a judge's term, the city council may appoint a person to fill the office for the remainder of the unexpired term. Sec. 5 - . —Associate judge; Substitute judge. (a) The city council may appoint one or more qualified persons to be available to serve as associate judges for either division of the Municipal Court. The associate judges shall have all the powers and shall discharge all the duties of a municipal judge while serving as such. (b) The city council may appoint one or more qualified persons to be available to serve for a municipal judge or for an associate judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The municipal judges shall select one of such appointees to serve during his or her absence. The substitute judges shall have all the powers and shall discharge all the duties of a municipal judge while serving as such. Sec. 5 - 5. - Clerk; other personnel. The city council shall by ordinance, provide for the appointment of a clerk of the municipal court. The city manager shall provide in the annual budget for such other personnel, including marshals, deputy marshals, deputy clerks, and clerical staff. The clerk and other court personnel shall perform their duties under the direction of the municipal judge. The city manager or his designee shall hire, direct, supervise and remove all personnel authorized in the annual budget for the clerk's office, as he deems appropriate. The municipal court clerk or his deputy or as otherwise designated by the city manager shall supervise the selection of persons for jury service. Ordinance No. 3784 Page 3 of 14 Sec. 58-36. - Recording. In lieu of a court reporter, proceedings in the municipal court shall, upon request, be recorded by a good quality electronic recording as authorized by Texas Government Code § 30.00010. Sec. 58-37. — Rules of practice and procedure. The municipal court judges shall recommend to the city council the adoption of ordinances establishing rules and regulations concerning the practice and procedure for civil and criminal cases in the municipal court. The rules, regulations and amendments thereto, if any, shall not constitute a part of this Code. Copies thereof shall be maintained for public inspection and copying in the city secretary's office and the municipal court. With the consent of the municipal judges, the clerk of the municipal court may cause copies thereof to be published and make the same available at a cost that is equivalent to the cost of publication, provided that no fee shall be imposed for the first copy supplied to any indigent defendant who makes an affidavit that he is unable to pay the cost thereof. DIVISION 2. — CIVIL ACTION Sec. 58-38. — Civil Action (a) The City may bring a civil action in a district court or county court at law of Tarrant County, Texas, or in the Municipal Court of Record of the City of North Richland Hills, for the enforcement of an ordinance- (1) for the preservation of public safety, relating to the materials or methods used to construct a building or other structure or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits-, (2) relating to the preservation of public health or to the fire safety of a building or other structure or improvement, including provisions relating to materials, types of construction or design, interior configuration, illumination, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits-, (3) for zoning that provides for the use of land or classifies a parcel of land according to the municipality's district classification scheme-, (4) establishing criteria for land subdivision or construction of buildings, including provisions relating to street width and design, lot size, building width or elevation, setback requirements, or utility service specifications or requirements-, Ordinance No. 3784 Page 4 of 14 (5) implementing civil penalties under this subchapter for conduct classified by statute as a Class C misdemeanor; (6) relating to dangerously damaged or deteriorated structures or improvements; (7) relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; (8) relating to the interior configuration, design, illumination, or visibility of business premises exhibiting for viewing by customers while on the premises live or mechanically or electronically displayed entertainment intended to provide sexual stimulation or sexual gratification; (9) relating to point source effluent limitations or the discharge of a pollutant, other than from a non-point source, into a sewer system, including a sanitary or storm water sewer system, owned or controlled by the municipality; (10) relating to floodplain control and administration, including an ordinance regulating the placement of a structure, fill, or other materials in a designated floodplain; (11) relating to animal care and control; or (12) relating to water conservation measures, including watering restrictions. Sec. 58-39. — Injunction. (a) On a showing of substantial danger of injury or an adverse health impact to any person or to the property of any person other than the defendant, the city may obtain against the owner or owner's representative with control over the premises an injunction that- (1) prohibits specific conduct that violates the ordinance; and (2) requires specific conduct that is necessary for compliance with the ordinance. (b) It is not necessary for the city to prove that another adequate remedy or penalty for a violation does not exist or to show that prosecution in a criminal action has occurred or has been attempted. Ordinance No. 3784 Page 5 of 14 Sec. 58-40. — Civil Penalty. (a) In a suit against the owner or the owner's representative with control over the premises, the city may recover a civil penalty if it proves that- (1) the defendant was actually notified of the provisions of the ordinance; and (2) after the defendant received notice of the ordinance provisions, the defendant committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance. (b) A civil penalty under this section may not exceed $1 ,000 a day for a violation of an ordinance, except that a civil penalty under this section may not exceed 5,000 a day for a violation of an ordinance relating to point source effluent limitations or the discharge of a pollutant, other than from a non-point source, into a sewer system, including a sanitary or storm water sewer system, owned or controlled by the city. Sec. 58-41. —Action for Repair or Demolition of Structure. (a) The city may bring an action in a district court or county court at law of Tarrant County, Texas, or the Municipal Court of Record of the City of North Richland Hills, to compel the repair or demolition of a structure or to obtain approval to remove the structure and recover the removal costs pursuant to Subchapter B, Chapter 54 of the Texas Local Government Code. (b) In any such action under this Section, the city may also bring a claim for (1) civil penalties under Section 58-40 of this Article or Subchapter B, Chapter 54 of the Texas Local Government Code, as it applies, and (2) an action in rem against the structure that may result in a judgment against the structure as well as a judgment against the defendant. (3) The City may file a notice of Iis pendens in the real property records of the Tarrant County Clerk upon the filing of the action. (c) The city may use an enforcement action to compel repair or demolition of a structure under this Division even if the city has proceeded with the administrative process for enforcement provided elsewhere in this Article. Ordinance No. 3784 Page 6 of 14 DIVISION 3. —ALTERNATIVE ENFORCEMENT. Sec. 58-42. — Procedure for Administrative Hearing. The City may enforce ordinances subject to quasi-judicial enforcement through an administrative hearing process as authorized by Chapter 54, Subchapter C, Texas Local Government Code: (a) for the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances or exits; (b) relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits; (c) relating to dangerously damaged or deteriorated buildings or improvements; (d) relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; (e) relating to a building code or to the condition, use or appearance of property in the City; (f) relating to animal care and control; or (g) relating to the water conservation measures, including watering restrictions. Sec. 58-43. —Administrative Hearing Officer; Duties. (a) An Administrative Hearing Officer shall preside over the administrative adjudication hearings established under this Article, under the direction of the City Attorney. The City Attorney may also provide for substitute Administrative Hearing Officers to preside over the administrative adjudication hearings in the absence of the Administrative Hearing Officer. A substitute Administrative Hearing Officer shall have the same powers, duties and functions, and must meet the same qualifications, as the Administrative Hearing Officer. (b) The Administrative Hearing Officer shall- (1) be a licensed attorney in good standing with the State Bar of Texas, with at least five (5) years' experience as a practicing attorney. (2) be authorized to administer oaths and issue orders compelling the attendance of witnesses and production of documents; and (3) act pursuant to the authority granted by Texas Local Government Code Section 54.044 and this Article. Ordinance No. 3784 Page 7 of 14 Sec. 58-44. — Notice and Hearing. (a)A person charged with a violation of this Article is entitled to notice by citation or summons. (b)A citation or summons issued pursuant to the procedures adopted under this Article must- (1) notify the Person charged with a violation under this Article of the right to a hearing; (2) provide information as to the time and place of the hearing; (3) state the type, date and location of violation; (4) state the penalty range for which the Person may be liable; and (5) provide instructions and the due date for paying penalties, costs and fees, as prescribed in Appendix A, Fee Schedule, payment of which shall be an admission of liability for the violation charged. (c) The original, or a copy of the summons or citation, shall be kept by the Municipal Court Clerk as a record in the ordinary course of business of the City and is rebuttable proof of the facts it states. (d) The person who issued the citation or summons is not required to attend a hearing under this Article. (e) A Person charged with a violation of this Article who fails to appear at a hearing authorized under this Article is considered to admit liability for the violation charged. The Administrative Hearing Officer shall issue an order of liability and assess appropriate penalties, costs and fees against the Person charged with a violation under this Article in conformance with Appendix A, Fee Schedule. (f) At a hearing under this Article, the Administrative Hearing Officer shall issue an order stating whether the Person charged with a violation of this Article is liable for the violation. Upon a finding of liability, the Administrative Hearing Officer shall issue an order: (a) Notifying the Person charged with a violation under this Article of the provisions of the ordinance violated, and the requirements needed to comply with the ordinance; (b) assessing the penalty, costs and fees; (c) requiring abatement of the violation by a specific date; and (d) any other requirements deemed necessary by the Hearing Officer to obtain compliance. (g) Upon a finding of liability, the Administrative Hearing Officer may set the date and time for a compliance hearing. A copy of the order shall be provided to the Person charged with violating this Article as notice of the compliance hearing. (h) If, at a compliance hearing, the Administrative Hearing Officer finds that the Person charged with violating this Article has remedied or abated the Ordinance No. 3784 Page 8 of 14 violation, the Administrative Hearing Officer may reduce the applicable penalty, fees and costs. (i) If, at a hearing under this Article, the Administrative Hearing Officer finds the Person charged with violating this Article is not liable for the violation, the Person shall not be responsible for any penalty, cost or fee. (j) An order issued pursuant to this Article shall be filed with the Municipal Court Clerk and the Tarrant County District Clerk, who shall keep the order in a manner of keeping records in the ordinary course of business in separate index and file. The order may be recorded using microfilm, microfiche, or data processing techniques. Sec. 58-45. — Establishing Penalty. (a)The establishment of a penalty shall be consistent with and pursuant to the provisions of Section 54.044 of the Texas Local Government Code, and as amended. (b)The penalty range to be assessed against a Person found liable under this Article shall be: (1) not less than $250, nor more than $1,000 a day for a first violation; (2) not less than $500, nor more than $1,000 a day for a second violation; (3) not less than $750, nor more than $1,000 a day for a third or subsequent violation; or (4) in the event of egregious violations, hazardous conditions that endanger the health or safety of the public, or other statutory provisions that authorize a higher penalty, the Administrative Hearing Officer may increase the penalty as deemed appropriate as authorized by law. (c) In addition to the penalty assessed, the Administrative Hearing Officer may require the Person found liable for a violation under this Article to pay fees and costs. (d) In determining the amount of penalty to be assessed, the Administrative Hearing Officer shall consider the following factors: (a) the gravity of the violation; (b) any actions taken by the Person found liable for a violation of this Article to correct the violation; (c) any previous violations committed by the Person; (d) the actual costs of repairs to the City due to the violation as supported by receipts or testimony or other evidence; (e) indigence of the Person; and (f) any other relevant evidence. Ordinance No. 3784 Page 9 of 14 Sec. 58-46. — Enforcement of Order. An order issued against a Person found liable for a violation of this Article may be enforced by: (a)filing a civil suit for the collection of a penalty assessed against the Person; (b) obtaining an injunction that- (1) prohibits specific conduct that violates the ordinance; or (2) requires specific conduct necessary for compliance with the ordinance; and (c) referral to a collection agency for non-payment of assessed penalties, costs and fees,with the cost to the City for collection services assessed as costs and added to the judgment. Sec. 58-47. —Appeal. (a)A Person who is found liable by an Administrative Hearing Officer for a violation of this Article may appeal the determination by filing a petition in the Municipal Court before the 31 st day after the date the Administrative Hearing Officer's order is filed. An appeal does not stay enforcement and collection of the judgment unless the Person, before filing the appeal petition, posts a bond with the Municipal Court in the amount of the penalties, costs and fees ordered by the Administrative Hearing Officer in accordance with Appendix A, Fee Schedule. (b) If a Person found liable for a violation of this Article does not timely appeal the Administrative Hearing Officer's order, the order shall become a final judgment. Sec. 58-48. — Disposition of Administrative Penalties, Costs and Fees. (a) Penalties, costs and fees assessed under this Article shall be paid into the City's general fund for the use and benefit of the City. (b) A portion of each penalty assessed and paid under this Article shall be deposited into the Compliance Assistance Account established in Section 58- 49 of this Article, as deemed appropriate by the Municipal Court Clerk. Sec. 58-49. — Compliance Assistance Account. (a) The Compliance Assistance Account is composed of penalties collected under this Article and under Section 58-45. The Compliance Assistance Account shall be used for the purpose of rehabilitating, repairing or abating nuisances of properties and premises in the City for Persons who: Ordinance No. 3784 Page 10 of 14 (1) have been found liable for an administrative violation under this Article; (2) are found by the Administrative Hearing Officer to be indigent and financially unable to comply with an administrative order issued under this Article; (3) file a request with the Neighborhood Services Department for the purpose of rehabilitating and/or repairing the Person's property or premises until it complies with the Administrative Order; (4) have not received funds from the Compliance Assistance Account within the preceding 36 months; (5) do not qualify for other home repair or rehabilitation assistance programs available through the City: and (6) own and occupy the property. (b) The Municipal Court Director, in consultation with the City's Finance Director, shall adopt policies and procedures consistent with this Article for the administration of the fund. SECTION 6. That Appendix A, Fee Schedule, of the North Richland Hills Code of Ordinances be amended by adopting the schedule of fees for assessing civil and administrative penalties and charges as established by Chapter 58, Article II, of the City of North Richland Hills Code of Ordinances, and as set forth in Exhibit 'A," attached hereto and made a part of this Ordinance for all purposes. SECTION 7: That 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: That 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: That 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 Ordinance No. 3784 Page 11 of 14 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: That the City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty of this ordinance two times in the official City newspaper. SECTION 11: That this ordinance shall be in full force and effect thirty (30) days from and after its passage, and upon publication as required by Section 10 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 6t" day of March 2023. Ordinance No. 3784 Page 12 of 14 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: By: Alicia Richardson, City Secretary Chief Governance Officer APPROVED TO FORM AND LEGALITY: By: Maleshia B. McGinnis City Attorney RECOMMENDED: By: Karen Manila Assistant City Manager Ordinance No. 3784 Page 13 of 14 EXHIBIT "A" THIS ORDINANCE AMENDS APPENDIX A, FEE SCHEDULE, TO ADD FEES FOR ARTICLE II, OF CHAPTER 58, MUNICIPAL COURT OF RECORD, OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS. Ordinance No. 3784 Page 14 of 14 EXHIBIT"A" Article II,Chapter 58-31 to 58-49 Administrative Court Filing Fees&Court Costs Cost Per Item Notes Administrative Hearing Fee $100 Per Violation Appeal Fee $150 Per Violation Respondent will have to pay to perfect appeal Appeal Bond Same as Penalty Owed Respondent will have to pay to perfect appeal Certified Transcript $7 Per Page Respondent will have to pay to perfect appeal Collection Fees 30% Per Case Civil Lawsuit Filing Fees&Court Costs Cost Per Item Notes Court Administration Fee $100 Per Violation Process Service Issuance Fee $8 Per Issuance Service Processor Fee $65 Per Service Service Processor Fee-Out of County $50 Per Service Court Reporter Administrative Hearing $350 Per Docket Court Reporter Hearing Transcripts $7 Per Page Court Reporter Depositions $250 $5.50 per page $250 minimum Court Reporter Video/Technical $6 Per Page Court Reporter Copy Rate $2.50 Per Page Court Reporter Video/Technical Copy Rate $2.75 Per Page Court Reporter Exhibits Black&White $0.60 Per Page Court Reporter Exhibits Color $1.70 Per Page Court Reporter Binding Fee $15 Per Volume Court Certification Filing Fee $35 Per Certification Court Reporter Appearance Fee $200 Per Appearance "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2023 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events and recognizes an employee who exemplifies our core values. Announcements Celebrate St. Patrick's Day early with some lively Celtic music by Reel Treble. The group, who specializes in traditional up-tempo Irish, Scottish and Bluegrass tunes will perform at 6.30 p.m. on Monday, March 13 at the NRH Library. Admission is free. This event is part of the Library's Celebrating Culture Series. Please visit the Library's website for more details. Volunteers are needed to help Keep NRH Beautiful with their Spring Litter Cleanup on Tuesday, March 14. Volunteers will meet at 9 a.m. at the corner of Davis Boulevard and Starnes Road. Safety vests, gloves and trash bags will be provided. Pre-registration is not required. Please contact Keep NRH Beautiful with any questions. Looking for ways to keep the kids busy during Spring Break? The NRH Library is hosting Board Game Afternoons, Library in the Park, a Lego Challenge and more. Please visit the library's website to view their calendar of upcoming events. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Spencer Cowley in the Police Department - The department received a note of appreciation from a resident who had noticed Officer Cowley assisting a stranded motorist. The note read: "I wanted to reach out and show appreciation to this amazing NRH Police Officer going ABOVE AND BEYOND to help citizens of the community. I had to take a picture because It made me smile. We see you all and we love you all!" This comes as no surprise as Officer Cowley was recently honored with the Police Department's "Rookie of the Year" award. Congratulations and keep up the great work!