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HomeMy WebLinkAboutCC 2024-02-26 Agendas t4RH NOKTH RICH�AND HILL CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, FEBRUARY 26, 2024 WORK SESSION: 6:00 PM Held in the Council Workroom CALL TO ORDER 1 Discuss items from regular City Council meeting. 2. Discuss the Traffic Calming Policy. FUTURE AGENDA ITEM(S) The purpose of this item is to allow the Mayor and Council members an opportunity to bring forward items they wish to discuss at a future work session. In accordance with the Texas Open Meetings Act, any discussion shall be limited to a proposal to place the item on a future agenda. The Council shall not vote, or take any action on the items during this 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. Monday, February 26, 2024 City Council Agenda Page 1 of 4 1. Section 551.071: Consultation with the City Attorney to seek advice about pending or contemplated litigation - Demand letter received from Joe Hale. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER TURNAGE A.2 PLEDGE - COUNCIL MEMBER TURNAGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve the minutes of the February 12 2024 City Council meeting. B.2 Authorize execution of an interlocal aqreement with the North Central Texas Council of Governments for the Solid Waste Grant Program. B.3 Award RFB No. 4-007 to The Passage Group LL dba Smith Lawn and Tree in the amount o 35,347 for parks, facilities and rights-of-way mowing and landscaping services. Monday, February 26, 2024 City Council Agenda Page 2 of 4 B-4 Consider Resolution No. 2024-014, authorizing submission of the application and acceptance o allocated funds if awarded for the Texas Parks and Wildlife apartment Recreational Trails Grant for City Point Tr EC-2024-City of NRH- 0050. B-5 Consider Resolution No. 2024-011-121LOrizing the submission of the. application and acceptance o allocated funds if awarded for the Texas A Forest Service Community Tree Planting Grant for Iron Horse Boulevard. C. PUBLIC HEARINGS C.1 ZC24-0093, Ordinance No. 3841,_Egblic hearing and consideration of a request from Kimlev-Horn & Associates for a revision to Planned Development 36at 9101 North Tarrant Parkway, being 2 .65 acres described as Lot 1A1 , Block 1, Wal-Mart Addition. C.2 ZC24-0094, Ordinance No. 3842,_Egblic hearing and consideration of a reguest from Kimley-H rn & Associates for a special use permit for a heLpgftLgnAbQ field at 6401 NE Loop 820 being 25.09acres described as Lot 1 R,Block 6, Tapp Addition. C-3 Consider Ordinance No. 3843 Public hearing to consider text revisions and amendments to C as well as Chapter 10 - Amusements and Entertainment of the North Richland Hills Code of Ordinances regarding proposed amendments to combine pEqyj�ijon� addressing community and including garage/estate sales. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS F-1 Authorization to reject bid received for Bid No. 24-008 for the NRH20 Green Extreme Replac ment Construction Proj.ect., Monday, February 26, 2024 City Council Agenda Page 3 of 4 F-2 Consider Resolution No. 2024-016, authorizing submission ofa regional grant application and acceptance of allocated funds if awarded for the FY 2023Assistance to Firefighters Grant (AFG) Program Vehicle Acquisition in the amount of up to $1,000,0 Owith the match being $100000and authorize the execution of the associated terms and conditions. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER ORR H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on Friday, February 23, 2024 by 3:00 PM. Traci Henderson Assistant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, February 26, 2024 City Council Agenda Page 4 of 4 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 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 agenda 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: February 26, 2024 SUBJECT: Discuss the Traffic Calming Policy PRESENTER: Caroline Waggoner, Assistant City Manager SUMMARY: Staff will provide information on the city's Traffic Calming Policy, including a history of the program and the criteria used to determine what, if any, traffic calming measures are needed following a resident inquiry. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 SUBJECT: Approve minutes of the February 12, 2024 City Council meeting. PRESENTER: Alicia Richardson, City Secretary/Chief Governance Officer SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time-efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve the minutes of the February 12, 2024 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE FEBRUARY 12, 2024 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 12th day of February at 6.00 p.m. in the Council Workroom prior to the 7.00 p.m. regular City Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Place 1 Rita Wright Oujesky Place 2 Suzy Compton Place 3 Mason Orr Place 4 Blake Vaughn Associate Mayor Pro Tem, Place 5 Scott Turnage Deputy Mayor Pro Tem, Place 6 Kelvin Deupree Mayor Pro Tem, Place 7 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Karen Manila Assistant City Manager Trudy Lewis Assistant City Manager Caroline Waggoner Assistant City Manager Alicia Richardson City Secretary/Chief Governance Officer Cara White Interim City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6.00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. City Manager Mark Hindman requested that City Council remove item B.6 from the consent agenda and moved to the general items category on the regular agenda. 2. WELCOME AND INTRODUCTION - PUBLIC EMPLOYEE. Mr. Hindman introduced the city's new Director of Budget and Research Chase Fosse and Interim City Attorney Cara White. 3. DISCUSSION AND UPDATE REGARDING THE POLICE DEPARTMENT'S CURRENT STAFFING STATUS. February 12, 2024 City Council Meeting Minutes Page 1 of 13 Chief of Police Mike Young provided an update on the department's hiring and recruiting efforts, which included the implementation of a social media campaign to attract potential employees. The department collaborated with a local college to revise the recruiting communications plan, contracted with Charter for billboard advertisements, and placed literature at various businesses/locations throughout the city. In an effort to increase the number of applicants, the requirement for college hours has been temporarily suspended. The city is providing a one-month membership to the NRH Centre for those preparing for the city's current physical fitness exam. The department is reviewing the hiring process for opportunities to streamline processes, secure additional testing facilities and outsourcing investigations necessary for the hiring process. Chief Young shared that the department increased the frequency of testing to once a week. The city also implemented hiring incentives to encourage officers to apply for open positions. Chief Young provided an update on the current vacancies and number of applicants that submitted an interest card, that are scheduled to test, and number who have passed the test and number of lateral candidates. 4. DISCUSS PROPOSED AMENDMENTS TO THE CITY'S CODE OF ORDINANCES TO COMBINE PROVISIONS ADDRESSING COMMUNITY AND SPECIAL EVENTS, INCLUDING GARAGE/ESTATE SALES. Director of Neighborhood Services Stefanie Martinez presented an update on the special events ordinance. The revisions include direction provided by City Council at their December 11, 2023 work session meeting. Staff proposes the following recommendations for residential and neighborhood sales- - Garage/Estate Sales replaces occasional sales language and the revised ordinance will clarify garage and estate sales requirements. - no more than two (2) sales per calendar year - no more than four (4) consecutive calendar days per sale - clarifies food products or prepared items which would require a food establishment permit may not be sold at the occasional sale - clarifies that no new merchandise may be sold which was solely acquired for the purpose to be sold at the occasional sale - allows one (1) sign on the subject property with two (2) additional temporary signs off premise with permission of the property owner where displayed; may not be within the public right-of-way; the permit must be affixed to all sale signs February 12, 2024 City Council Meeting Minutes Page 2 of 13 - no sale shall begin before 7.00 a.m. nor continue after 7.00 p.m. - a permit must be obtained no less than 24 hours prior to the sale - permit must be kept and displayed on the premises during the sale and made available if requested by authorized city staff - signs may not be placed within 10 feet from the edge of the roadway, within a median or in a parkway - permit number must be affixed to all signs - no change to fees Ms. Martinez shared that special event requirements are located in different sections of the City's Code of Ordinances. Staff proposes the following recommendations for commercial business events: - move from Chapter 118, Zoning - Temporary Use and Buildings to Chapter 10 - Amusements and Entertainment, Temporary Commercial Events - each event may not exceed 14 consecutive calendar days; the total number of event days in a calendar year may not exceed 30 - if location is occupied by multiple tenants, notice must be obtained from the owner and other tenants of the property - events shall not operate before 8.00 a.m. and cease before 11.00 p.m. except Saturdays when event shall cease no later than 11.59 p.m. One employee of sponsoring business must be on site during event. Ms. Martinez reviewed the following proposed recommendations for non-profit events- - non-profit organizations are limited to eight (8) temporary outdoor events per calendar year per organization; including maximum of one (1) circus or carnival (except school events) - appeals heard by City Council - any limitation on maximum number of events that may be held under this article shall not apply to events sponsored by a public school if such events are held on public school property. February 12, 2024 City Council Meeting Minutes Page 3 of 13 Staff also recommends City Council implement a $150.00 (per event) fee for special events. Currently, the city does not assess a fee for special event permits. Fees may be waived for events sponsored by the City of North Richland Hills, Birdville Independent School District or other local civic organizations. Ms. Martinez shared that staff will present the proposed changes to the Planning and Zoning Commission on February 15, 2024 and request formal adoption by City Council at their February 26, 2024 meeting. 5. DISCUSS AND REVIEW EDUCATION TRAINING PURSUANT TO SECTION 551.005 (OPEN MEETINGS TRAINING) OF THE GOVERNMENT CODE. City Manager Mark Hindman reviewed Section 551.005 of the Government Code that pertains to training for elected or appointed officials subject to the open meetings act. The code states that a member shall complete a training course of not less than one hour and not more than two hours regarding open meetings (Chapter 551 , Government Code). The training shall be completed not later than 90 days after the member takes the oath of office or assumes responsibilities as a member of governmental body. Staff's research of adjacent cities establishes that their interpretation is the same as North Richland Hills that the training is required once and not every time an incumbent is reelected. Associate Mayor Pro Tern Vaughn stated that he is interested in the City Council updating their Rules of Procedure to include the training after every election. FUTURE AGENDA ITEM(S) Associate Mayor Pro Tern Vaughn proposed to add an item to the next work session to discuss amending the Rules of Procedure to include one (1) hour training on the Open Meetings Act (OMA) after every oath of office. The consensus of City Council was not to add the item to a future agenda. EXECUTIVE SESSION There being no Executive Session, Mayor Trevino adjourned work session at 7.09 p.m. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order February 12, 2024 at 7.15 p.m. Present: Oscar Trevino Mayor Tito Rodriguez Place 1 February 12, 2024 City Council Meeting Minutes Page 4 of 13 Rita Wright Oujesky Place 2 Suzy Compton Place 3 Mason Orr Place 4 Blake Vaughn Associate Mayor Pro Tem, Place 5 Scott Turnage Deputy Mayor Pro Tem, Place 6 Kelvin Deupree Mayor Pro Tem, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary/Chief Governance Officer Cara White Interim City Attorney A.1 INVOCATION Council member Orr gave the invocation. A.2 PLEDGE Council member Orr led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION Ms. Melissa Vittas, 4904 Delta Court, expressed her disappointment with social media posts by elected officials. Mr. John Vittas, 4904 Delta Court, commented on the social media posts regarding the southern portion of the city. He does not agree that the southern portion of town is forgotten (streets, crime and voting polling location). Ms. Kaitlyn Pleasant, 7708 North College Circle Apartment B, expressed her disappointment with the actions of current elected officials towards Council member Vaughn. Ms. Tracy Bennett 3825 Scruggs Drive, commented that she attended the work session and was surprised with the low test scores of entry level applicants for police officers. She considers where she lives, the forgotten south. Her home is zoned commercial and she has discussed her concerns with Clayton Comstock. She wants to make sure her children have a better place to live. She has experienced speeding in her neighborhood. A.5 PUBLIC COMMENTS February 12, 2024 City Council Meeting Minutes Page 5 of 13 There were no requests to speak from the public. A member from the audience who did not complete a public meeting appearance form to address the City Council for item A.4, Citizens Presentation, asked to address the City Council. ASSOCIATE MAYOR PRO TEM VAUGHN MOVED TO SUSPEND THE RULES TO ALLOW THE SPEAKER. THE MOTION FAILED DUE TO NO SECOND. Mayor Trevino announced the motion to suspend the rules died due to lack of a second. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA Mayor Trevino announced that item B.6 would be removed the consent agenda and considered with the general items. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE THE CONSENT AGENDA, WITH EXCEPTION OF ITEM B.6. MOTION TO APPROVE CARRIED 7-0. BA APPROVE THE MINUTES OF THE JANUARY 22, 2024 CITY COUNCIL MEETING. B.2 AUTHORIZE AN INCREASE IN THE AGREEMENT WITH RED RIVER TECHNOLOGY, LLC FOR THE PURCHASE OF NETWORK EQUIPMENT FOR CAPITAL IMPROVEMENT PROJECTS IT2405, IT2409 AND IT2410 IN THE AMOUNT OF $1,898,429 UTILIZING DEPARTMENT OF INFORMATION RESOURCES COOPERATIVE CONTRACTS DIR-TSO-4167 AND DIR-TSO-4331 FOR A CUMULATIVE AMOUNT NOT TO EXCEED $2,693,445 FOR THE CURRENT BUDGET YEAR. February 12, 2024 City Council Meeting Minutes Page 6 of 13 B.3 AUTHORIZE THE PURCHASE FOR UPGRADING AND REFURBISHING 10 SURVEILLANCE CAMERA TRAILERS FROM SIGMA SURVEILLANCE, INC. IN THE AMOUNT OF $199,009 THROUGH DIR-CPO-4770 COOPERATIVE CONTRACT USING TEXAS ANTI-GANG CENTER GRANT #2848909 FUNDS; AND CONSIDER RESOLUTION NO. 2024-010, AUTHORIZING THE CITY MANAGER TO EXECUTE A REGIONAL ASSET TRANSFER ADDENDUM WITH THE CITY OF DALLAS TO TRANSFER EQUIPMENT PURCHASED BY THE CITY OF NORTH RICHLAND HILLS USING TAG GRANT #2848909 FUNDS. B.4 AUTHORIZE THE PURCHASE OF EIGHTEEN NON-MAGTECH SYSTEMS TO BE USED TO CONVERT EXISTING VEHICLES INTO MOBILE SURVEILLANCE PLATFORMS FROM MAGNUM MOBILE SYSTEMS LLC IN THE AMOUNT OF $105,624 USING THE TEXAS ANTI-GANG CENTER GRANT #2848909 FUNDING, AND CONSIDER RESOLUTION NO. 2024-011, AUTHORIZING THE CITY MANAGER TO EXECUTE A REGIONAL ASSET TRANSFER ADDENDUM WITH THE CITY OF DALLAS. B.5 AUTHORIZE THE PURCHASE OF TWO CHEVROLET TAHOES FROM LAKE COUNTRY CHEVROLET THROUGH THE INTERLOCAL PURCHASING SYSTEM (TIPS) USA CONTRACT NO. 210907IN THE AMOUNT OF $165,972.62 USING THE TEXAS ANTI-GANG CENTER GRANT #2848909 FUNDING, AND CONSIDER RESOLUTION NO. 2024-012, AUTHORIZING THE CITY MANAGER TO EXECUTE A REGIONAL ASSET TRANSFER ADDENDUM WITH THE CITY OF DALLAS. C. PUBLIC HEARINGS CA ZC23-0078, ORDINANCE NO. 3838, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BARCELONA BEAUTY ACADEMY FOR A SPECIAL USE PERMIT FOR A TRADE OR BUSINESS SCHOOL AT 6647 BOULEVARD 26, BEING 0.492 ACRES DESCRIBED AS LOT 9A2, BLOCK 9, RICHLAND HILLS WEST ADDITION. APPROVED Mayor Trevino opened the public hearing and called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a special use permit for a trade or business school for 0.492 acres located at 6647 Boulevard 26. The area is designated on the Comprehensive Land Use Plan as retail commercial and the current zoning is C-1, commercial. Mr. Comstock provided site photos of the property. February 12, 2024 City Council Meeting Minutes Page 7 of 13 Applicant representative Anthony Pina, 2011 Elm Park, shared that he is requesting a special use permit for a cosmetology school. The facility will have a ratio of 25 students to one instructor. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their January 18, 2024 meeting, recommended approval with a vote of 5-0, subject to landscaping, parking lot, and signage improvements recommended by the Development Review Committee. The property owner has agreed to improve the parking lot. City Council and applicant discussed hours of operation, job placement for students, purpose for special use permit, parking lot, lighting for the property and the existing pole sign on Boulevard 26. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER ORR TO APPROVE ZC23-0078, ORDINANCE NO. 3838. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT D.1 PLAT23-0056 CONSIDERATION OF A REQUEST FROM REDINGER GROUP LLC FOR A PRELIMINARY PLAT OF WAYFARER ADDITION, BEING 2.913 ACRES LOCATED AT 6716 STARDUST DRIVE. APPROVED Director of Planning Clayton Comstock informed City Council the applicant is requesting a preliminary plat of Wayfarer Addition for 2.913 acres located at 6716 Stardust Drive. The area is designated on the Comprehensive Land Use Plan as medium density residential and the current zoning is RI-PD, residential infill planned development. Mr. Comstock provided site photos of the property. Applicant representative Chase Medford, 1217 Castle Cove, Keller presented request and was available to answer questions. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their January 18, 2024 meeting, recommended approval with a vote of 5-0, with the conditions February 12, 2024 City Council Meeting Minutes Page 8 of 13 outlined in the Development Review Committee comments. The applicant has revised the plat to address all conditions. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL MEMBER WRIGHT OUIESKY TO APPROVE PLAT23-0056. MOTION TO APPROVE CARRIED 7-0. D.2 PLAT23-0057 CONSIDERATION OF A REQUEST FROM NEEL-SCHAFFER INC FOR A FINAL PLAT OF CAMBRIDGE MANOR, BEING 5.01 ACRES LOCATED AT 7000 IRON HORSE BOULEVARD. APPROVED Director of Planning Clayton Comstock informed City Council the applicant is requesting a final plat of Cambridge Manor for 5.01 acres located at 7000 Iron Horse Boulevard. The area is currently zoned RI-PD, residential infill planned development. Mr. Comstock provided site photos of the property. Applicant representative Scott Sandlin, 5137 Davis Blvd, presented request and was available to answer questions. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their January 18, 2024 meeting, recommended approval with a vote of 5-0, with the conditions outlined in the Development Review Committee comments. The applicant has revised the plat to address all comments. A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY DEPUTY MAYOR PRO TEM TURNAGE TO APPROVE PLAT23-0057. MOTION TO APPROVE CARRIED 7-0. E. PUBLIC WORKS EA AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES WITH KIMLEY-HORN AND ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $66,293 FOR THE SMITHFIELD SAFE ROUTES TO SCHOOL PROJECT (SD2404). APPROVED City Engineer Nathan Frohman presented the item. Staff seeks City Council's approval of a professional services agreement for the Smithfield Safe Routes to School Project. The February 12, 2024 City Council Meeting Minutes Page 9 of 13 program is federally funded and focuses on encouraging children in grades K-8 to walk and bike to school. A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER COMPTON TO AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES WITH KIMLEY-HORN AND ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $66,293 FOR THE SMITHFIELD SAFE ROUTES TO SCHOOL PROJECT. MOTION TO APPROVE CARRIED 7-0. E.2 CONSIDER ORDINANCE NO. 3839, REVISING THE PERMANENT SPEED LIMIT ALONG IRON HORSE BOULEVARD FROM NORTHEAST LOOP 820 TO RUFE SNOW DRIVE. APPROVED City Engineer Nathan Frohman presented the item. Staff seeks City Council's approval to reduce the posted speed limit from 35 miles per hour to 30 miles per hour along Iron Horse Boulevard from Northeast Loop 820 to Rufe Snow Drive. A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3839. MOTION TO APPROVE CARRIED 7-0. F. GENERAL ITEMS FA CONSIDER RESOLUTION NO. 2024-013, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION/CAPITAL IMPROVEMENT ADVISORY COMMITTEE, CIVIL SERVICE COMMISSION AND ANIMAL ADOPTION AND RESCUE CENTER ADVISORY COMMITTEE. APPROVED City Secretary/Chief Governance Officer Alicia Richardson presented the item. The resolution for City Council's consideration is to approve the recommendation of Mayor Trevino to appoint Kathy Luppy as Alternate A on the Planning and Zoning Commission/Capital Improvement Advisory Committee, Renee Shiflet as Alternate A on the Civil Service Commission and Eric Bales as Alternate B on the Civil Service Commission with all terms expiring June 30, 2024. The resolution also provides for the appointment of Council member Compton to continue serving on the Animal Adoption and Rescue Center Advisory Committee, term expiring June 30, 2024. February 12, 2024 City Council Meeting Minutes Page 10 of 13 A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUIESKY, SECONDED BY COUNCIL MEMBER ORR TO APPROVE RESOLUTION NO. 2024-013, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION/CAPITAL IMPROVEMENT ADVISORY COMMITTEE, CIVIL SERVICE COMMISSION AND ANIMAL ADOPTION AND RESCUE CENTER ADVISORY COMMITTEE. MOTION TO APPROVE CARRIED 7-0. F.2 APPROVE ORDINANCE NO. 3840, AMENDING ARTICLE III OF THE CITY CODE OF ORDINANCES TO ADD SECTION 2-120 BY RENUMBERING THE PROVISION AUTHORIZING THE CITY COUNCIL TO CREATE COMMITTEES. APPROVED City Manager Mark Hindman presented the item. The City Council, at its December 11, 2023 meeting, approved Ordinance No. 3835, amending Article II, Division 2 of the City Code of Ordinances. Sections 2-69 and 2-70 were not included in the ordinance. Staff recommends section 2-69 (appointment of committees by City Council) be placed in Article III that addresses boards, commission, and committees. With Section 2-70 being addressed in the Texas Local Government Code (211.006(a)) and Section 118-183 of the North Richland Hills Building and Land Use Regulations, staff does not recommend restating this provision in the City Code of Ordinances. A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ORDINANCE NO. 3840. MOTION TO APPROVE CARRIED 7-0. B.6 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P., FOR LEGAL SERVICES. APPROVED City Manager Mark Hindman presented the item. City Council is requested to approve an amendment to the city's agreement with Taylor, Olson, Adkins, Sralla & Ellam, L.L.P. (TOASE) for legal services. The contract amendment designates Cara White as the interim city attorney (action taken by City Council on January 22, 2024) and establishes rates and fees. February 12, 2024 City Council Meeting Minutes Page 11 of 13 A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUIESKY, SECONDED BY DEPUTY MAYOR PRO TEM TURNAGE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH TAYLOR, OLSON, ADKINS, SRALLA& ELAM, L.L.P., FOR LEGAL SERVICES. MOTION TO APPROVE CARRIED 6-1; WITH ASSOCIATE MAYOR PRO TEM VAUGHN VOTING AGAINST. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council did not convene into Executive Session. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Mayor Pro Tern Deupree made the following announcements. Common Ground Community Garden invites you to their Spring Gardening Seminar on Saturday, February 17, 2024 starting at 9,00 a.m. in the Grand Hall at the NRH Centre. Gardening experts will speak on a variety of topics and answer all of your gardening questions. Admission is free. Please visit the city's website for more information. City Hall and other non-emergency city offices will be closed on Presidents Day for employee in-service training. This includes the Library, Animal Adoption & Rescue Center, Senior Center, and Municipal Court. The NRH Centre and Iron Horse Golf Course will be open. Garbage and recycling collections will not be impacted by the Presidents Day holiday. The last day for candidates to file for the May 4, 2024 City Council election is this Friday, February 16, 2024. Applications will be accepted by the City Secretary until 5.00 p.m. Early voting for the March 5, 2024 Democratic and Republican Primaries begins next Tuesday, February 20, 2024. Please visit our website for more election information Kudos Korner - Pooch Amy, Schulyer Moreno, Jacob Egger, Tanner Gray, Devin Byers, Aaron Norwood, Ricky Bryant, Kevin Fulton, Johnny Reyes, and Will Taylor in Public Works - A resident shared his appreciation for the team that worked through the night in freezing weather to repair a large water main break on Amundson Road last month. He wrote: "Thank you to all that had a part in repairing the water main break. You are the reason NRH is the great city it is. Dedicated service the old-fashioned way. Service with February 12, 2024 City Council Meeting Minutes Page 12 of 13 a smile!' I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8.29 p.m. Oscar Trevino, Mayor Alicia Richardson City Secretary/Chief Governance Officer February 12, 2024 City Council Meeting Minutes Page 13 of 13 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February XX, 2024 SUBJECT: Authorize execution of an Interlocal Agreement with the North Central Texas Council of Governments for the Solid Waste Grant Program. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY: The City of North Richland Hills Neighborhood Services Department was awarded $32,443.73 in grant funding through the FY2024-2025 Solid Waste Implementation Grant from the North Central Texas Council of Governments (NCTCOG). In order to access grant funds and proceed with the project, the City must enter into an interlocal agreement with NCTCOG. Grant funds will be used to provide cellular security cameras, accessories for the cameras, and educational signage for 23 chronic illegal dumping sites in North Richland Hills. These sites will include City-owned properties, Birdville ISD properties, and private properties. GENERAL DESCRIPTION: With almost 72,000 residents, North Richland Hills is the fourth largest city in Tarrant County. Code Compliance, a division of the NRH Neighborhood Services Department, includes six full-time code enforcement officers. These officers are responsible for inspecting properties within the city to ensure they comply with health and safety codes. The City currently attempts to address illegal dumping through public information and education, and through investigation and enforcement of illegal dumping reported from citizens or detected by our code enforcement officers. When a code violation is found, a Code Compliance Officer will encourage voluntary compliance and work out a schedule for correction that is both feasible for the property owner and considerate of the surrounding community. Should voluntary compliance prove ineffective or impossible, a property owner may be subject to a citation or other action (including abatement by the City and the placement of a lien on the property) by the City of North Richland Hills. Since August 2021, City of North Richland Hills Code Enforcement has worked 886 illegal dumping/accumulation cases on private property within City limits. 34 of those cases required forced compliance, resulting in $3,486 of fines assessed to facilitate compliance and $13,704 in abatement costs paid by the City to address outstanding issues. IrLp NOKTH KICHLAN HILLS While some private properties are repeat illegal dumping sites, North Richland Hills mainly encounters chronic illegal dumping in parks, public spaces, and at school properties. NRH Parks Department estimates that they encounter illegal dumping at nine particular sites at least 5-10 times per week, which costs the City an estimated $8,250/year in cleanup costs. Birdville ISD encounters illegal dumping at eight sites on their property, which costs the school district an estimated $12,000/year in cleanup costs. This is especially harmful, as neither the City nor the school district can recoup the cost to address these problems through abatement fees or fines when violators cannot be identified. Illegal dumping at public facilities also impacts the community as a whole by creating issues with vector harborage and blight that interferes with users' enjoyment of public spaces. The funding to address illegal dumping on public properties could be used to fund other beneficial services for our entire community. This grant will provide signage and surveillance at 23 chronic illegal dumping sites for the purpose of discouraging illegal dumping. This will provide a new tool to investigate illegal dumping and hold violators accountable. It is the hope of the City of North Richland Hills that this will reduce illegal dumping practices as a whole in these locations and decrease clean-up costs. There is evidence to support this expectation—the City of Dallas reported these outcomes when a similar project was implemented in that jurisdiction in 2011. If this project succeeds in reducing the cost to address illegal dumping, the savings will easily fund future maintenance costs. If the project is successful, the City plans to continue to deploy these cameras to improve deterrence, surveillance, and investigation of illegal dumping within North Richland Hills city limits. The funds requested from this grant will total $32,443.73. These sites will include City- owned properties, Birdville ISD properties, and private properties. There is no matching required for this grant, but only line items greater than $500 are eligible for funding; because of this, the City anticipates an estimated $1,400 in cost matching through in-kind activities including graphic design for signage and installation of the cameras and accessories. RECOMMENDATION: Authorize the execution of an Interlocal Agreement with the North Central Texas Council of Governments to accept grant funds and meet project requirements for the 2024-2025 Solid Waste Implementation Grant awarded to City of North Richland Hills. Grant Project Number 24-04-05 Interlocal Agreement NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and CITY OF NORTH RICHLAND HILLS 1. AGREEMENT PARTIES This Interlocal Agreement ("Agreement") is entered into by and between the parties named below. Neither the Texas Commission on Environmental Quality (TCEQ) nor the State of Texas is a party to this Agreement. This Agreement, including all Attachments, represents the entire Agreement between the parties. Funding Agency: North Central Texas Council of Governments Herein referred to as: NCTCOG Subrecipient: City of North Richland Hills Herein referred to as: SUBRECIPIENT 2. PURPOSE The purpose of this Agreement is to define the scope of services for this solid waste implementation project and to ensure the project meets the provisions of§361.014(b) of the Texas Health and Safety Code and the regional solid waste management plan goals and objectives. 3. SERVICES For the Cameras to Discourage and Investigate Illegal Dumping Project, the SUBRECIPIENT shall complete all work as specified in this Agreement and all Attachments. The following are attached and incorporated into this Agreement: Attachment A—Scope of Work Attachment B — Project Budget and Detailed Cost Sheets Attachment C —Supplemental Funding Standards Attachment D — Funding Agency Requirements for Implementation Projects Attachment E — Reporting Forms and Deadlines The SUBRECIPIENT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by the SUBRECIPIENT under this Agreement. The SUBRECIPIENT shall perform such services as may be necessary to accomplish the work required under this Agreement, in accordance with the funding agency and contractual requirements and any and all applicable law. NCTCOG may require the SUBRECIPIENT to correct and revise any errors, omissions or other deficiencies in any reports or services provided by the SUBRECIPIENT to ensure that such reports and services fulfill the purposes of this Agreement. The SUBRECIPIENT shall make the required corrections or revisions without additional cost to NCTCOG. Neither NCTCOG's review, approval or acceptance of, nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement; and the SUBRECIPIENT shall be, and remain liable in accordance with applicable law for all damages to NCTCOG, including reasonable attorney's fees and court costs caused by the SUBRECIPIENT'S negligent performance of any of the services furnished under this Agreement. The obligations of the SUBRECIPIENT under this Article are in addition to the SUBRECIPIENT'S other express or implied assurances under this Agreement or applicable law. 1 Grant Project Number 24-04-05 4. TERM OF AGREEMENT This Agreement is effective on the date signed by the last party and shall terminate on August 31, 2025, unless terminated earlier as provided herein. 5. AVAILABILITY OF FUNDS The source of the funds provided by the Texas Commission on Environmental Quality (TCEQ) is the Solid Waste Disposal and Transportation Fees, as stated in Texas Health and Safety Code 361.013. Due to demands upon that source for funds necessary to protect the health and safety of the public, it is possible that the funds contained in the Municipal Solid Waste Disposal Account, as proscribed in Texas Health and Safety Code 361.014(d), may be depleted or reduced prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the Municipal Solid Waste Disposal Account. This Agreement and all claims, suits or obligations arising under or related to this Agreement are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Agreement or the respective claim, suite or obligation, as applicable. In the event funding is not available, the parties further agree that NCTCOG has no further obligation to pay and SUBRECIPIENT has no further duty to perform under terms of this Agreement, and the agreement is terminated. 6. REIMBURSEMENTS AND PAYMENTS The funding amount under this Agreement shall not exceed $32,443.73 as detailed in Attachment B. All payments for necessary and reasonable actual allowable costs incurred during the term of the Agreement shall be on a reimbursement basis and comply with Attachment C and D. The following provisions apply to NCTCOG reimbursement of expenses: • NCTCOG is not liable for expenses made in violation of Attachment C and D. • NCTCOG is not liable to the SUBRECIPIENT for costs paid or performance rendered by SUBRECIPIENT before commencement of this Agreement or after termination of this Agreement. • All costs must be incurred and paid by SUBRECIPIENT and billed to NCTCOG by October 31, 2024 in order to be eligible for reimbursement. NCTCOG is not liable for any costs paid by SUBRECIPIENT in the performance of this Agreement that have not been billed to NCTCOG by October 31, 2024. The SUBRECIPIENT must submit a Request for Reimbursement Form at least quarterly but not more frequently than once a month. If no reimbursement is being requested, the SUBRECIPIENT should submit to NCTCOG, in writing, an explanation regrading why a reimbursement form is not being submitted. Except as specifically authorized by NCTCOG in writing, NCTCOG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in this Agreement, stated guidelines, and applicable rules and regulations. Failure on the part of the SUBRECIPIENT to comply with the conditions set forth in this Agreement shall be the basis for termination of the Agreement and/or the revocation of any unexpended or inappropriately expended funds. NCTCOG will review all materials and will not make a reimbursement payment unless all required items, including any past due progress reports or other forms, have been provided and are deemed to be accurate. NCTCOG will not reimburse or otherwise make payment for expenditures that are not authorized under this Agreement. If NCTCOG determines that an expenditure that was reimbursed is not an authorized expense, NCTCOG will request return and reimbursement of those funds from the SUBRECIPIENT or, where appropriate, the application of those funds to other authorized expense, and shall not provide any additional reimbursements to the SUBRECIPIENT until the funds are returned or are applied to other authorized expenses. 2 Grant Project Number 24-04-05 7. TERMINATION Termination for Cause. NCTCOG may, upon providing 10 days' written notice and the opportunity to cure to the SUBRECIPIENT, terminate this Agreement for cause if SUBRECIPIENT materially fails to comply with the Agreement including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice NCTCOG's other remedies authorized by this Agreement or by law. Termination for Convenience. NCTCOG may, upon providing 10 days' written notice to the SUBRECIPIENT, terminate this Agreement for convenience. Termination shall not prejudice any other right or remedy of NCTCOG or the SUBRECIPIENT. SUBRECIPIENT may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination as mutually agreed. SUBRECIPIENT shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. If, after termination for cause by NCTCOG, it is determined that the SUBRECIPIENT had not materially failed to comply with the Agreement, the termination shall be deemed to have been for the convenience of NCTCOG. Upon receipt of a termination notice the SUBRECIPIENT shall promptly discontinue all services affected (unless the notice directs otherwise); and deliver or otherwise make available to NCTCOG all data, drawings, specifications, reports, estimates, summaries, and such other information, materials, and equipment as may have been accumulated by the SUBRECIPIENT in performing this Agreement, whether completed or in progress. 8. NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION Representatives. The individual(s) named below are the representatives of NCTCOG and the SUBRECIPIENT. They are authorized to give and receive communications and direction on behalf of NCTCOG and the SUBRECIPIENT as indicated below. All communications including official Agreement notices must be addressed to the appropriate representative or his or her designee. Changes in Representatives. Either party may change its representative by unilateral amendment. The NCTCOG Project Representative shall not be deemed to have authority to bind NCTCOG in Agreement unless NCTCOG's Executive Director has delegated that person to have such authority. The designated NCTCOG representative will provide direction to the SUBRECIPIENT on contractual and technical matters. Project Representative: Alternate Contact to Project Representative: Hannah Ordonez, Environment & Development Casey Cannon, Environment & Development Senior Planner Planner North Central Texas Council of Governments North Central Texas Council of Governments Environment and Development Department Environment and Development Department P. O. Box 5888 P. O. Box 5888 Arlington, Texas 76005-5888 Arlington, Texas 76005-5888 TEL: (817) 695-9215 TEL: (817) 608-2323 FAX: (817) 695-9191 Email: hordonez@nctcog.org Email: ccannon@nctcog.org The SUBRECIPIENT hereby designates the individual(s) named below as the authorized personnel to receive direction from NCTCOG, to manage the work being performed, and to act on behalf of the SUBRECIPIENT as the Project Representative in contractual and technical matters: 3 Grant Project Number 24-04-05 Project Representative: Alternate Contact to Project Representative: Meagan Merrill, Program Manager Kristin James, Assistant Director of 4301 City Point Drive Neighborhood Services North Richland Hills, Texas 76180 4301 City Point Drive TEL : 817-427-6654 FAX: 817-427-6656 North Richland Hills, Texas 76180 Email: mmerrill@nrhtx.com TEL: 817-427-6651 FAX: 817-427-6656 Email: kjames@nrhtx.com Electronic Signatures. Electronic signatures may be used for budget amendments, reports, and correspondence provided the owner of the electronic signature approves the use of their signature for that purpose. Records Location. The SUBRECIPIENT designates the following (physical) location for record access and review pursuant to any applicable provision of this Agreement. City of North Richland Hills 4301 City Point Dr North Richland Hills, Texas 76180 9. COMPLIANCE WITH APPLICABLE LAWS The activities funded under this Agreement, shall be in accordance with all provisions of this Agreement, all applicable state and local laws, rules, regulations, permits, and guidelines. The main governing standards include, but may not be limited to, the standards set forth in this Article. • Chapters 361, 363, and 364 of the Texas Health and Safety Code • Title 30 TAC Chapter 330, Subchapter O, TCEQ Rules • Title 30 TAC Chapter 14, TCEQ Rules • The Uniform Grant and Contract Management Act, Texas Government Code, §§ 783.001 et seq., the Uniform Grant and Contract Standards, 34 TAC §§ 20.456 - 20.467 (although the rules were repealed by the Texas Comptroller of Public Accounts (CPA) effective March 14, 2021, the rules are applicable by agreement under this grant), and the Uniform Grant Management Standards (UGMS) issued by CPA and formerly by the Texas Office of the Governor. • General Appropriations Act, 84th Regular Legislative session • Pursuant to Chapter 391 of the Local Government Code, funds received under this Agreement may be expended only subject to the limitations and reporting requirements set forth in this Article. 10. AGREEMENT AMENDMENTS Agreement Changes/Adjustments. NCTCOG reserves the right, in its sole discretion, to unilaterally amend this Agreement throughout the term of this Agreement to incorporate any modifications necessary. The document may be changed or adjusted by written amendment and mutual agreement of both parties for Agreement changes. Agreement changes such as changes to project representative contacts, can be documented via electronic communications and agreement by both parties. Agreement changes such as: 1) an increase or decrease in the amount of compensation to the SUBRECIPIENT; 2) an extension or shortening of the term of the Agreement; 3) a significant change, as deemed by NCTCOG, in the scope of the Agreement or the services to be performed; or, 4) any action that is beyond the authority of NCTCOG's Executive Director, would require a written amendment to the Agreement signed by both parties. Budget Amendments. The SUBRECIPIENT must receive written consent of the NCTCOG representative for any budget changes. Any budget change that increases the total cost in Attachment B, and not to exceed payment amount in Article 6, requires an amendment to this Agreement. 4 Grant Project Number 24-04-05 Extension of Agreement. An extension or shortening of the term of the Agreement must be requested by the SUBRECIPIENT in writing no later than July 15, 2024. NCTCOG in its sole discretion will determine whether or not an extension or shortening of the term of the Agreement will be granted. 11. PROGRESS REPORTING REQUIREMENTS The SUBRECIPIENT shall prepare and submit to NCTCOG quarterly progress, summary, and results reports in accordance with Attachment E. For any changes to the reporting due dates, the SUBRECIPIENT must obtain written prior approval for an extension from NCTCOG. All required reports must be submitted electronically to NCTCOG. Based on the quarterly progress reports submitted by the SUBRECIPIENT, an in-person meeting or conference call may be required at NCTCOG's discretion in order to advance the project if certain milestones are not being met. 12. SUBRECIPIENT MONITORING NCTCOG reserves the right to conduct onsite reviews, require additional documentation, require additional training and/or impose other specific conditions to address or minimize potential risk related to this Agreement, and in accordance with underlying grant requirements. 13. ADDITIONAL GENERAL TERMS AND CONDITIONS No Debt against the State. This Agreement is contingent on the continuing appropriation of funds. This Agreement shall not be construed to create debt against the State of Texas. UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The parties agree that all the requirements of the UGMS apply to this Agreement, including the criteria for Allowable Costs. Additional federal requirements apply if this Agreement is funded, in whole or in part, with federal funds. No Interest for Delayed Payment. Because the SUBRECIPIENT is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. Audit of Funds. The SUBRECIPIENT understands that acceptance of funds under this Agreement acts as acceptance of the authority of the NCTCOG, or any successor agency, to conduct an audit or investigation in connection with those funds. SUBRECIPIENT further agrees to fully cooperate with NCTCOG or its successor in the conduct of the audit or investigation, including providing all records requested. SUBRECIPIENT shall ensure that this clause concerning the audit of funds accepted under this Agreement is included in any subcontract it awards. Financial Records. SUBRECIPIENT shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request SUBRECIPIENT shall submit records in support of reimbursement requests. SUBRECIPIENT shall allow access during business hours to its financial records by NCTCOG and state agencies for the purpose of inspection and audit. Financial records regarding this Agreement shall be retained for a period of three (3) years after date of submission of the final reimbursement request. If requested by NCTCOG, the SUBRECIPIENT agrees to provide to NCTCOG the additional expense records and documentation materials, appropriate for the expense, for the time period requested. NCTCOG will provide reasonable time for SUBRECIPIENT to comply with the request for additional documentation and will allow reasonable time for SUBRECIPIENT to respond to findings of noncompliance or other issues. 5 Grant Project Number 24-04-05 Responsibility for the Scope of Work. SUBRECIPIENT undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the NCTCOG nor as a NCTCOG agent or employee. SUBRECIPIENT agrees that the Scope of Work is furnished and performed at SUBRECIPIENT's sole risk as to the means, methods, design, processes, procedures and performance. Inventory System. The Performing Party and its subrecipients must have an inventory system that maintains track of equipment, controlled assets, and also, all single unit acquisitions equal to or greater than $1,000 and equal to or less than $4,999.99 (aggregated for the same types of items, for example, roll-off bins, recycling bins/carts). The inventories shall include purchases from the beginning of the program (State of Texas Fiscal Years 1996-1997). Independent Contractor. The parties agree that the SUBRECIPIENT is an independent contractor. Nothing in this Agreement shall create an employee-employer relationship between SUBRECIPIENT and NCTCOG. Nothing in this Agreement shall create a joint venture between NCTCOG and the SUBRECIPIENT. Responsibilities for Subcontractors. The SUBRECIPIENT'S contractual costs must comply with allowable cost requirements. SUBRECIPIENTS who are governmental entities must engage in contractor selection on a competitive basis in accordance with their established policies or NCTCOG's procurement guidelines. All subcontracts awarded by the SUBRECIPIENT under this Agreement shall be in accordance with the (UGMS) and other applicable procurement laws. The SUBRECIPIENT shall be responsible for the management and fiscal monitoring of all subcontractors. The SUBRECIPIENT shall ensure that all subcontractors comply with all provisions required by this Agreement. NCTCOG reserves the right to perform an independent audit of all subcontractors. All acts and omissions of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect Agreement with SUBRECIPIENT shall be considered to be the acts and omissions of SUBRECIPIENT. No Third Party Beneficiary. NCTCOG does not assume any duty to exercise any of its rights and powers under the Agreement for the benefit of third parties. Nothing in this Agreement shall create a contractual relationship between NCTCOG and any of the SUBRECIPIENT's subcontractors, suppliers or other persons or organizations with a contractual relationship with the SUBRECIPIENT. Time is of the Essence. SUBRECIPIENT's timely performance is a material term of this Agreement. Delays. Where SUBRECIPIENT's performance is delayed, except by Force Majeure or act of the NCTCOG, NCTCOG may withhold or suspend reimbursement, terminate the Agreement for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of NCTCOG). Conflict of Interest. SUBRECIPIENT shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically, for work performed under this Agreement by SUBRECIPIENT or any related entity or individual, SUBRECIPIENT shall promptly disclose in writing to NCTCOG any actual, apparent, or potential conflicts of interest, including but not limited to disclosure of: i. Any consulting fees or other compensation paid to employees, officers, agents of SUBRECIPIENT, or members of their immediate families, or paid by subcontractors or subrecipients; or ii. Any organizational conflicts of interest between SUBRECIPIENT and its subcontractors or subrecipients under a subaward. 6 Grant Project Number 24-04-05 No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without NCTCOG's written consent in the form of a unilateral amendment. SUBRECIPIENT agrees that NCTCOG has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination of this Agreement. Quality and Acceptance. All work performed under this Agreement must be complete and satisfactory in the reasonable judgment of the NCTCOG. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Agreement. Quality Assurance. All work performed under this Agreement that involves the acquisition of environmental data will be performed in accordance with a TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and Environmental Protection Agency (EPA) requirements. Environmental data includes any measurements or information that describe environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to SUBRECIPIENT's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, SUBRECIPIENT's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non-reimbursement of expenses related to the associated activities. Laboratory Accreditation. Any laboratory data or analyses provided under this Agreement must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code Section 25.6. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, SUBRECIPIENT must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Agreement. SUBRECIPIENT shall obtain and furnish to NCTCOG and TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise-wise license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for NCTCOG and TCEQ non-commercial purposes, and other purposes of the State of Texas. Grant of License. SUBRECIPIENT grants to NCTCOG and TCEQ a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, modify or otherwise use for any non- commercial NCTCOG or TCEQ purpose any preexisting intellectual property belonging to the SUBRECIPIENT that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Agreement, and associated user documentation. Insurance. Unless prohibited by law, the SUBRECIPIENT, and all Contractors performing Agreement activities on behalf of the Subrecipient, shall obtain and maintain during the Agreement period adequate insurance coverage sufficient to protect the SUBRECIPIENT and the NCTCOG from all claims and liability for injury to persons and for damage to property arising from the Agreement. Unless specifically waived by the NCTCOG, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 7 Grant Project Number 24-04-05 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE SUBRECIPIENT SHALL REQUIRE ALL CONTRACTORS PERFORMING AGREEMENT ACTIVITIES ON BEHALF OF SUBRECIPIENT TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE NCTCOG AND TCEQ AND THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF AGREEMENT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES.THIS CONVENANT SURVIVES THE TERMINATION OF THE AGREEMENT. Payment of a Release. Neither payment by NCTCOG nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of SUBRECIPIENT from liability under this Agreement. Schedule of Remedies available to the NCTCOG. The following Schedule of Remedies applies to this Agreement. In the event of SUBRECIPIENT's nonconformance, NCTCOG may do one or more of the following: • Issue notice of nonconforming performance; • Reject nonconforming performance and request corrections without charge to the NCTCOG; • Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; • Suspend all or part of the Agreement activities or payments, or both, pending accepted revision of the nonconformity; • Demand restitution and recover previous payments where performance is subsequently determined nonconforming; • Terminate the Agreement without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. Opportunity to Cure. The SUBRECIPIENT will have a reasonable opportunity to cure its nonconforming performance, if possible, under the circumstances. Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Agreement or applicable law does not preclude or limit the exercise of any other remedy available under this Agreement or applicable law. The parties agree that this Agreement does not waive any sovereign immunity to which either party is entitled by law. Survival of Obligations. Except where a different period is specified in this Agreement or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Agreement, as well as all continuing obligations indicated in the Agreement, survive for four (4) years beyond the termination or completion of the Agreement, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Agreement or which in NCTCOG's opinion is related to the subject matter of the Agreement. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. Delivery of Notice. Notices are deemed to be delivered three (3) working days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by 8 Grant Project Number 24-04-05 other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, facsimile transmission, email, or other commercially accepted means. Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. State, Federal Law. This Agreement is governed by and interpreted under the laws of the State of Texas, as well as applicable federal law. Severability. If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Agreement shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. Assignment. No delegation of the obligations, rights, or interests in the Agreement, and no assignment of payments by SUBRECIPIENT will be binding on NCTCOG without its written consent, except as restricted by law. No assignment will release or discharge the SUBRECIPIENT from any duty or responsibility under the Agreement. Venue. The SUBRECIPIENT agrees that any cause of action involving this Agreement arises solely in Tarrant County, Texas. Publication. The SUBRECIPIENT must acknowledge the financial support of NCTCOG and TCEQ whenever work is funded, in whole or part, through this Interlocal Agreement. This includes using the following notation on the front cover, title page, surface of recycling bins or carts, vehicle wraps, vehicles, pencils, pens, T-shirts, stickers, electronic devices, all mechanical equipment, etc.: "Prepared in cooperation with the North Central Texas Council of Governments through funding from the Texas Commission on Environmental Quality." Tangible items where surface space is limited may utilize the TCEQ logo or the phrase "Funded by TCEQ." Consult with NCTCOG Project Representative to obtain TCEQ logo and for guidance on the proper display. SUBRECIPIENT agrees to notify NCTCOG five (5) days prior to the publication or advertisement of information related to this Agreement. SUBRECIPIENT agrees not to use the NCTCOG or TCEQ logo or the NCTCOG or TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate NCTCOG or TCEQ authority. Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by NCTCOG, no act or omission will constitute a waiver or release of SUBRECIPIENT's obligation to perform conforming Agreement activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. Compliance with Laws. NCTCOG relies on SUBRECIPIENT to perform all Agreement activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. Counterparts. This Agreement may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Agreement. 9 Grant Project Number 24-04-05 Accessibility. All electronic content and documents created as deliverables under this Agreement must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 206.50 and 213 for state agency web pages, web content, software, and hardware, unless NCTCOG agrees that exceptions or exemptions apply. Internal Compliance Program. NCTCOG has adopted an Internal Compliance Program to prevent waste, fraud, or abuse. Contractors, agents, and volunteers can report suspected waste, fraud, or abuse at: https://www.nctcog.org/agency®administration/compliance®aortal. Additional information regarding the Internal Compliance Program is available at the previous web address. IN WITNESS HEREOF, the Parties have executed this Agreement as of the Effective Date. City of North Richland Hills North Central Texas Council of Governments Signature Michael Eastland Executive Director Mike Eastland Printed Name Printed Name Executive Director Title Title Date Date 10 Grant Project Number 24-04-05 ATTACHM ENT A SCOPE OF WORK The City of North Richland Hills will use the grant funding to provide signage and surveillance at 23 chronic illegal dumping sites for the purpose of discouraging illegal dumping within the city limits. This will provide the city with new tools to investigate illegal dumping and hold violators accountable. The City of North Richland Hills expects this will reduce illegal dumping practices as a whole in these locations and decrease cleanup costs. The savings could then be used to continue surveillance and investigation of illegal dumping and improve deterrence. The City of North Richland Hills will provide any necessary poles and labor to install security cameras, graphic design costs to develop signage that integrates with existing city and school branding, as well as labor to track and investigate illegal dumping activities. The equipment will be used 100% for solid waste activities. 11 Grant Project Number 24-04-05 ATTACHMENT B PROJECT BUDGET AND DETAILED COST SHEETS Table 1: Project Budget Budget Categories Funding Approved Equipment unit cost of$5,000 or more, and Controlled Assets up to $4,999 $0 Contractual other than for Construction $0 Construction $0 Detailed "Other" Expenses Budget $32,443.73 TOTAL COST $32,443.73 LIST MATCHING DETAILS NOTE: Appropriate documentation must be included in order to receive credit for any eligible matching items. (i.e. proof of payment, proof of value etc). The City of North Richland Hills is providing an estimated match of approximately $1400 for any necessary materials needed for the installation of the surveillance equipment. The total cost of all the equipment and other items the City of North Richland Hills intends to purchase is approximately $33,843.73. An in-kind contribution is also being provided for the staff time to investigate the illegal dumping sites. 12 Grant Project Number 24-04-05 Other Expenses This budget sheet should be completed if any expenses are entered for Other services in Table 1: Project Budget; otherwise omit. $32,443.73 Any Request for Reimbursement must include an itemization of the expenses, using the Reimbursement Request Form. No expenses under the "Other" budget category, including computer hardware or software purchases not included under the "Equipment" budget category, shall be eligible for reimbursement under this Agreement, unless approved ahead of time, in writing, by NCTCOG. The "Other" expenses as identified in Attachment B of the Project Budget are allowed. The restrictions set forth in the Uniform Grant and Agreement Management Standards apply. All expenses budgeted under this "Other' category shall be itemized by the project SUBRECIPIENT when requesting reimbursement. Some expenses that may be appropriate include but are not necessarily limited to: • Postage/Delivery • Printing/Reproduction • Advertising/Public Notices • Signs • Training • Computer Hardware (Under $5,000 and not listed under "Equipment' Category) • Computer Software • Miscellaneous Other (includes anything not listed elsewhere in the budget) The expenses under this budget category must receive NCTCOG's written approval prior to purchase. Again, for these "other" expenditures, documentation for reimbursement must show that the expenses were paid (a copy of the check or bank transmittal) and shall include purchase orders, if issued, and invoices or receipts. 13 Grant Project Number 24-04-05 The following is an itemized list of the Other expenses associated with the funded project, with as many specifications as possible: Other Costs Reconyx Hyperfire 2 Professional Cellular Security Cameras (23 @ $659.99 $15,179.77 each) Cellular Plan for camera function and image storage (23 @ $180 for 1-year $4,140.00 plan) N I M H AA Power Pack (12 @ $119.99 each) $1,439.88 Solar Charger, 10 Watt (23 @ $149.99 each) $3,449.77 Solar Charger Mounting Bracket (23 @ $19.99 each) $459.77 Reconyx Hyperfire 2 HD Security Enclosure with Swivel Kit (23 @ $139.99 $3,219.77 each) 64G Reconyx Certified SDHC Memory Card (23 @ $24.99 each) $574.77 Site Signage (23 @ $150 each) $3,450.00 Estimated Shipping Costs $530.00 TOTAL COST $32,443.73 14 Grant Project Number 24-04-05 ATTACHMENT C ELIGIBLE EXPENSE STANDARDS Contractual Expenses All outlays that fall within the "Contractual" category of the budget shall be itemized by the SUBRECIPIENT on the Reimbursement Request Form. No Contractual expenditures are eligible for reimbursement under this Agreement, unless such Agreements' scope of work has been approved ahead of time, in writing, by NCTCOG. Any amendments to the SUBRECIPIENT'S subcontract authorization for reimbursement under this Agreement, whether or not such subcontract required NCTCOG's pre-approval, which will result in or require substantive changes to any of the tasks required to be performed under this Agreement, must be approved in writing by NCTCOG. Contractual expenses include professional (subcontracted) services. The SUBRECIPIENT is expected to conform to the appropriate bidding and contracting laws and regulations according to the SUBRECIPIENT'S own internal policies and procedures. In addition, the SUBRECIPIENT is required to maintain documentation that the costs paid for contractual expenses (including subcontract expenses)were reasonable and necessary. Please note the specific guidance applicable to project restrictions, especially regarding projects that require a TCEQ permit or registration. In addition to the itemized Reimbursement Request Form, the SUBRECIPIENT shall attach, for each item listed, legitimate documentation that (1) further identifies the specific cost; (2) clearly identifies the vendor or subcontractor who provided the materials or services; and (3) confirms the reimbursable materials listed. Supporting documentation shall include a purchase order and an invoice, plus a copy of the check showing payment or bank transmittal. Other Expenses Any Request for Reimbursement must include an itemization of the expenses, using the Reimbursement Request Form. No expenses under the "Other" budget category, including computer hardware or software purchases not included under the "Equipment" budget category, shall be eligible for reimbursement under this Agreement, unless approved ahead of time, in writing, by NCTCOG. The "Other" expenses as identified in Attachment B of the Project Budget are allowed. The restrictions set forth in the Uniform Grant and Agreement Management Standards apply. All expenses budgeted under this "Other' category shall be itemized by the project SUBRECIPIENT when requesting reimbursement. Some expenses that may be appropriate include but are not necessarily limited to: • Postage/Delivery • Printing/Reproduction • Advertising/Public Notices • Signs • Training • Computer Hardware (Under $5,000 and not listed under "Equipment' Category) • Computer Software • Miscellaneous Other (includes anything not listed elsewhere in the budget) 15 Grant Project Number 24-04-05 The expenses under this budget category must receive NCTCOG's written approval prior to purchase. Again, for these "other" expenditures, documentation for reimbursement must show that the expenses were paid (a copy of the check or bank transmittal) and shall include purchase orders, if issued, and invoices or receipts. 16 Grant Project Number 24-04-05 ATTACHMENT D FUNDING AGENCY STANDARDS FOR IMPLEMENTATION GRANTS In addition to the standards set forth in applicable law and regulations, the standards outlined below apply to all uses of the solid waste grant funds. These funding agency standards and limitations apply to all implementation project activities funded under this Agreement. The SUBRECIPIENT is responsible for ensuring compliance with these standards. Furthermore, at the discretion of NCTCOG and the funding agency, the Texas Commission on Environmental Quality (TCEQ), may deem certain expenses ineligible that are not explicitly stated in these Funding Standards. The SUBRECIPIENT should coordinate with NCTCOG to determine eligibility of all expenses prior to incurring project expenses. General Standards 1. The provisions of the Uniform Grant Management Standards (UGMS) issued by the Office of the Governor apply to the use of these funds, as well as the supplement financial administration provided in the program Administrative Procedures. 2. Recipients of funds under this Agreement and subcontractors shall comply with all applicable state and local laws and regulations pertaining to the use of state funds, including laws concerning the procurement of goods and services and competitive purchasing requirements. 3. Funds may not be provided through a pass-through grant or subcontract to any public or private entity that is barred from participating in state Agreements by the Texas Facilities Commission. 4. Public and private entities subject to payment of state solid waste disposal fees and whose payments are in arrears may not receive funds under this Agreement through either a pass- through grant or subcontract. 5. In accordance with §361.014(b), Texas Health and Safety Code, and 30 TAC §330.649(d), TCEQ Regulations, a project or service funded under this Agreement must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non-profit and not-for-profit non-governmental entities. 6. All equipment and facilities purchased or constructed with funds provided under this Agreement shall be used for the purposes intended in the funding Agreement and comply with Attachment C. 7. A project or service funded under this Agreement must be consistent with the NCTCOG Regional Solid Waste Plan, and must be intended to implement the goals, objectives, and priorities established in the regional plan. 8. Funds may not be used to acquire land or an interest in land. 9. Funds may not be used to supplant existing funds. In particular, staff positions where the assigned functions will remain the same and that were active at the time of the funding application or proposal and were funded from a source other than a previous solid waste grant, may not be funded. 10.Funds may not be used for food or entertainment expenses, including refreshments at meetings and other functions. This provision does not apply to authorized employee per diem expenses for food costs incurred while on travel status. 11.Funds may not be used for payment of salaries to any employee who uses alcoholic beverages on active duty. Funds may not be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. 12.Funds may not be used for employment, Agreements for services of a lobbyist, or for dues to an organization, which employs or otherwise Agreements for the services of a lobbyist. 13.Funds may only be used for projects or programs for managing municipal solid waste. 14.Except as may be specifically authorized, funds may not be used for projects or facilities that require a permit from the TCEQ and/or that are located within the boundaries of a permitted facility, including landfills, wastewater treatment plants, or other facilities. This restriction may be waived by the TCEQ, at its discretion, for recycling and other eligible activities that will take place within 17 Grant Project Number 24-04-05 the boundaries of a permitted facility. The applicant and/or NCTCOG must request a preliminary determination from the TCEQ as to the eligibility of the project prior to the project being considered for funding by NCTCOG. 15.Projects or facilities requiring a registration from the TCEQ, and which are otherwise eligible for funding, must have received the registration before the project funding is awarded. 16.Except as may be specifically authorized, funds may not be used for activities related to the collection or disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste-to-energy); processing for reducing the volume of solid waste which is to be disposed of; landfills and landfill-related facilities, equipment, or activities, including closure and post-closure care of a permitted landfill unit; or other activities and facilities associated with the disposal of municipal solid waste. 17.Funds may not be used to assist an entity or individual to comply with an existing or pending federal, state, or local judgment or enforcement action. This restriction includes assistance to an entity to comply with an order to clean up and/or remediate problems at an illegal dumpsite. However, the TCEQ may waive this restriction, at its discretion and on a limited case-by-case basis, to address immediate threats to human health or the environment, and where it is demonstrated that the responsible party does not have the resources to comply with the order. 18.Funds may not be used to pay penalties imposed on an entity for violation of federal, state, or local laws and regulations. This restriction includes expenses for conducting a supplemental environmental project (SEP) under a federal or state order or penalty. Funds may be used in conjunction with SEP funds to support the same project. Local Enforcement. Funds may not be provided to any law enforcement agency regulated by Texas Occupational Code, Title 10, Chapter 1701, unless: (a) the law enforcement agency is in compliance with all rules on Law Enforcement Standards and Education; or (b) the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. When funding is to be provided for salaries of local enforcement officers, the SUBRECIPIENT must certify that at least one of the officers has attended or will attend within the term of the funding the TCEQ's Criminal Environmental Law Enforcement Training or equivalent training. Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided under this Agreement may only be used for activities to enforce laws and regulations pertaining to littering and illegal dumping and may not be used for other code enforcement or law enforcement activities. Vehicles and equipment that are only partially funded must be dedicated for use in local enforcement activities for a percentage of time equal to the proportion of the purchase expense funded. Entities receiving funds for a local enforcement officer, enforcement vehicles, and/or related equipment for use by an enforcement officer, must investigate major illegal dumping problems, on both public and private property, in addition to investigating general litter problems on public property. Entities receiving funds to conduct a local enforcement program must cooperate with the TCEQ's regional investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with the TCEQ staff may constitute a reason to withhold future funding to that entity for local enforcement activities. Funds may not be used for investigation and enforcement activities related to the illegal dumping of industrial and/or hazardous waste. Instances where industrial or hazardous waste is discovered at a site do not preclude the investigation of that site, so long as the intent and focus of the investigation and enforcement activities are on the illegal dumping of municipal solid waste. 18 Grant Project Number 24-04-05 Funds may not be used for purchase of weapons, ammunition, and/or HazMat gear. Litter and Illegal Dumping Cleanup and Community Collection Events. Lake and Waterway Cleanup events may be coordinated with the Keep Texas Beautiful organization. Projects funded to clean up litter or illegal dumping on private property must be conducted through a local government sponsor. Funds may not be provided directly to a private landowner or other private responsible party for cleanup expenses. The local government sponsor must oversee the cleanup work or conduct the work with its own employees and equipment. The costs for cleanup of hazardous waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health or the environment. The costs for cleanup of Class 1 nonhazardous industrial waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health or the environment. The cleanup of Class 2 and 3 nonhazardous industrial wastes that may be found at a municipal solid waste site may be funded in conjunction with the cleanup of the municipal solid waste found at a site. All notification, assessment, and cleanup requirements pertaining to the release of wastes or other chemicals of concern, as required under federal, state, and local laws and regulations, including 30 TAC Chapter 330, TCEQ's MSW Regulations, and 30 TAC Chapter 350, TCEQ's Risk Reduction Regulations, must be complied with as part of any activities funded under this Agreement. All materials cleaned up using grant funds must be properly disposed of or otherwise properly managed in accordance with all applicable laws and regulations. To the extent feasible, it is recommended that materials removed from a site be reused or recycled. For projects to clean up large amounts of materials, NCTCOG should consider withholding at least ten (10) percent of the reimbursements under a pass-through grant or subagreement, until documentation is provided that the cleanup work has been completed and the materials properly managed. Periodic community collection events to provide for collection and proper disposal of non-recyclable residential waste materials for which there is not a readily available collection alternative, may be funded. This type of project may not include regular solid waste collection activities, such as weekly waste collection. Funded collection events may be held no more frequently than four times per year, and must only be intended to provide residents an opportunity to dispose of hard-to-collect materials, such as large and bulky items that are not picked up under the regular collection system, and might otherwise be illegally dumped by residents. To the extent practicable, community collection events should make every effort to divert wastes collected from area landfills, e.g., contain a recycling component. Source Reduction and Recycling. Any program or project funded with the intent of demonstrating the use of products made from recycled and/or reused materials shall have as its primary purpose the education and training of residents, governmental officials, private entities, and others to encourage a market for using these materials. Local Solid Waste Management Plans. All local solid waste management plans funded under this Agreement must be consistent with the COG's RSWMP, and prepared in accordance with 30 TAC Subchapter O, Chapter 330, TCEQ Regulations, and the Content and Format Guidelines provided by the TCEQ. 19 Grant Project Number 24-04-05 In selecting a local solid waste management plan project for funding, NCTCOG shall ensure that at least one year is available for the completion and adoption of the local plan. Citizens' Collection Stations and "Small" Registered Transfer Stations. The design and construction of citizens' collection stations, as those facilities are defined under 30 TAC Chapter 330, TCEQ Regulations, may be funded. The costs associated with operating a citizens' collection station once it is completed may not be funded. The design and construction of small municipal solid waste and liquid waste transfer stations that qualify for registration under 30 TAC 330, MSW Rules, may be funded. Other permitted or registered transfer stations may not be funded. A municipal solid waste transfer facility may be eligible for a registration if it serves a municipality with a population of less than 50,000, or a county with a population of less than 85,000, or is used in the transfer of 125 tons or less of municipal solid waste per day. A liquid waste transfer station may qualify for a registration if it will receive less than 32,000 gallons or less per day. The costs associated with operating a transfer station once it is completed may not be funded. The following MSW facilities may be funded: • Notification tier municipal solid waste transfer stations that qualify under 30 TAC 330.11(g). • Registered municipal solid waste transfer stations that qualify under 30 TAC 330.9(b)(1) through (3), or (f). • Notification tier citizens' collection stations that qualify under 30 TAC 330.11(e)(1). • Exempt local government recycling facilities as provided for under 30 TAC 328(a)(1). • Notification tier recycling facilities that qualify under 30 TAC 330.11(e)(2). • Notification tier composting facilities which qualify under 30 TAC 332.21 —332.23. • Notification tier liquid waste temporary storage facilities which qualify under 30 TAC 330.11(e)(5). • Liquid waste transfer stations which qualify for registration in 30 TAC 330.9(g) and (o). • Notification tier used oil collection facilities which qualify under 30 TAC 324.71(1) or (3). Household Hazardous Waste Management. All household hazardous waste collection, recycling, and/or disposal activities must be coordinated with the TCEQ's HHW program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. Technical Studies. All technical studies funded must be consistent with NCTCOG'S regional solid waste management plan and prepared in accordance with Administrative Procedures provided by the TCEQ. Educational and Training Projects. Educational and training programs and projects funded under this Agreement must be primarily related to the management of municipal solid waste, and funds applied to a broader education program may only be used for those portions of the program pertaining to municipal solid waste. Other Types of Projects. If the TCEQ authorizes NCTCOG to fund additional types of projects, the authorization incorporated into the grant Agreement may include additional standards and restrictions that will apply to use of funds for that project or type of project. 20 Grant Project Number 24-04-05 ATTACHMENT E REPORTING, FORMS, AND DEADLINES The SUBRECIPIENT agrees to provide, throughout the life of the project, quarterly, results, and follow- up reports to document the project's results during and after the culmination of the project. The required reporting forms can be found at http://www.nctcog.org/solidwastegrants. Quarterly Reports. The SUBRECIPIENT shall prepare and submit to NCTCOG quarterly progress reports documenting the accomplishments and units of work performed under this Agreement. The Quarterly Summary/Results Report form provided by NCTCOG will be due to NCTCOG on the dates indicated below: Quarterly Report#1 Start of Agreement—April 30, 2024 Thursday, May 12024 Quarterly Report#2 May 1, 2024—July 31, 2024 Thursday, August 872024 Quarterly Report#3 August 1, 2024—October 31, 2024 Thursday, November 14, 2024 Quarterly Report#4 If a grant extension is provided, NCTCOG may request additional reports as necessary. Final Report November 1, 2024—August 31, 2025 Thursday, September 11, 2025 Year Later Follow-Up September 1, 2025—August 31, 2026 Wednesday, September 9, 2026 Results Report The SUBRECIPIENT'S Reports must contain adequate descriptions of all project activities performed in order to allow NCTCOG to evaluate compliance with the provisions of this project. Performance information concerning timelines in meeting the schedule for required reports will be maintained by NCTCOG and shared as appropriate with members of the RCC. Any legal research and related legal activities shall be clearly detailed in the progress reports in order to assure NCTCOG that the activities are not prohibited. The SUBRECIPIENT shall comply with any reasonable request by NCTCOG for additional information on activities conducted for NCTCOG to adequately monitor the SUBRECIPIENT'S progress in completing the requirements of and adhering to the provisions of this Agreement. Results Report. A Results Report will be submitted by the SUBRECIPIENT in a format provided by NCTCOG. The Results Report should include information from the end of the project to the end of the biennium, August 31, 2025. Year Later Follow-Up Results Report. The Year Later Follow-up Results Report will provide cumulative results to document the impact of the project beyond the date of this Agreement. The reporting form will be provided by NCTCOG. 21 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 SUBJECT: Award RFB No. 24-007 to The Paysage Group LLC dba Smith Lawn and Tree in the amount of $825,347 for parks, facilities and rights- of-way mowing and landscaping services. PRESENTER: Adrien Pekurney, Director of Parks and Recreation SUMMARY: This item is to award the bid for parks mowing, landscape services, and rights-of-way mowing, authorizing one-time as well as cumulative payments to The Paysage Group LLC dba Smith Lawn and Tree for parks, facilities and rights-of-way mowing and landscaping services that exceed the $50,000 purchasing threshold for regularly budgeted maintenance related items. GENERAL DESCRIPTION: The North Richland Hills Parks and Recreation Department contracts parks mowing and landscape services for city parks, municipal facilities, and rights-of-way properties. The seasonality of these services, coupled with staff and fleet requirements have proven contract labor to be the most efficient way to perform this work. Funding is available from each funding source to complete the services provided in the contract and are allocated as follows: General Fund Parks/Recreation Utility Fund Facilities Development Fund General Parks VK Mowing Landscape Services Rights-of-Way Mowing IrLp NOKTH KICHLAN HILLS Bids were received on January 24, 2024 as follows: Vendor Parks and Landscape Right-of-Way Annual Total Facility Mowing Services Mowing Paysage Group dba $483,336.00 $153,743.00 $188,268.00 $825,347.00 Smith Lawn and Tree Brightview Landscape $630,014.78 $222,415.01 $303,540.66 $1,155,970.45 Services D&D Commercial $882,990.00 $422,583.00 $218,490.00 $1,542,063.00 Landscape Mgmt. Green World Care $582,954.86 $228,884.00 $127,038.26 $938,877.12 Nicos Landscape $703,787.22 $230,310.00 $78,629.10 $1,012,726.32 Richmond & Assoc. $773,010.00 $262,406.00 $158,850.00 $1,194,266.00 Landscaping SRH Landscapes LLC $658,080.00 $273,525.00 $237,180.00 $1,168,785.00 Yellowstone Landscape $669,707.37 $383,853.63 $182,134.39 $1,235,695,39 The Paysage Group dba Smith Lawn and Tree has been the maintenance provider of these services for the past five years and has been outstanding. Awarding this RFB to the low bidder, The Paysage Group dba Smith Lawn and Tree, in the amount of$825,347 will allow the Parks and Recreation Department to continue to provide quality park, facility, and right-of-way mowing and landscape services at an exceptional value for the city. The total bid amount is for one year, with four additional renewal options to renew for one year each. Provided the funds are appropriated in the City's annual budget for the initial term and the remaining renewal years, and the terms and conditions of the contract do not change, the remaining renewals will not require City Council approval. IrLp NOKTH KICHLAN HILLS RECOMMENDATION: Award RFB No. 24-007 to The Paysage Group LLC dba Smith Lawn and Tree in the amount of $825,347 for parks, facilities and rights-of-way mowing and landscaping services. or9Fre drflMS II� RFD 22-024 PARKS,FACILITIES AND RIGHTS-OF-WAY MOWING AND LANDSCAPING 2:OOPM(CST)THURSDAY,JANUARY 24.2024 BrightView Landscape Serv4cos, D&D Com Richmond&merical SRH Landscapes Yellowstone VENDOR Inc Landscape Management Green World Care Nicos Landscape Associates LLC The Paysage Group LLC Landscape Landsca yin Total Price Total Price Total Price Total Price Total Price Total Price Total Price Total Price Total Price A.Park and Facility Mowing Total Annual Cost $ 630,014.78 $ 882,990.00 $ 582,954.86 $ 703,787.22 $ 773,010.00 $ 658,080.00 $ 483336.00 $ 669,707.37 B.Landscape Services Total Annual $ 227,404.25 $ 422,583.00 $ 233,850.00 $ 233,850.00 $ 262,406.00 $ 281,925.00 $ 153,743.00 $ 383,853.63 C.Right-of-Way Mowing Total Annual $ 303,540.66 $ 218,490.00 $ 127,038.26 $ 78,629.10 $ 158,850.00 $ 237,180.00 $ 188,268.00 $ 182,134.39 Annual Coonact Total $ 1,160,959.69 $ 1,524,063.00 $ 943,843.12 1 1,016266.32 $ 1,194266.00 $ 1,177,185.00 $ 825347.00 $ 1,235,695.39 Purchasing Manager Buyer Bid Tabulation Statement All bids submitted for the designated project are reflected on this bid tab sheet.However,the listing of a bid on this sheet should not be construed as a comment on the responsiveness of such bid or as any indication that the city accepts such bid as responsive.The city will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws,City of North Richland Hills guidelines,and project documents,including but not limited to the project specifications and contract documents.The City will notify the successful bidder upon award of the contract and,according to law,all bids received will be available for inspection at that time. NORTH RICHLAND HILLS fqm AR THE CITY OF CHOICE PURCHASING DEPARTMENT RE JEST FOR PROPOSAL - 007 LITI - LANDSCAPINGWAY MOWING AND BIDS DUE THURSDAY9 JANUA. Y 25, 2024 BY 3:00 P.M. Contents INVITATION TO BID....... .. GENERAL CONDITIONS ..................., MINIMUM INSURANCE REQUIREMENTS.............................................. 11 NON-COLLUSION AFFIDAVIT OF BIDDER........................................... BID CERTIFICATION ...... ........ .... . COMPLIANCE WITH HOUSE BILL 1295.................... 24 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY................................................ 25 CONFLICT OF INTEREST QUESTIONNAIRE......... ................... ...... ...... .......... ............26 CONTRACT CHANGES GRID............................................ ......... CONFIDENTIALITY OF PROPRIETARY INFORMATION.............-.................».................30 SPECIFICATIONS........................ ... 2 INVITATION TO BED The City of North Richland Hills is accepting sealed bids from all interested parties for: > Bid Number: 24-007 > Bid Type- REQUEST FOR PROPOSAL > Bid Name: PARKS, FACILITIES AND RIGHTS-OF-WAY MOWING AND LANDSCAPING > Bid Due Date: Thursday,January 25, 2024 > Bid Due Time: 3:00 P.M. Central Standard Time > Deadline for questions: Date: Friday,January 19,2024 Time: 12:00 P.M. Central Standard Time P-0—CUMEN—TS MUSIBE SUBMITTED ELEC'ERONICALLY VIA: �DY�I�Lb_licpurcljasexoin No oral explanation in regard to the meaning of the specifications will be made, and no, oral instructions will be given after the pre-bid meeting and before the award of the contract, Rcqu.ests from interested vendors for additional information or interpretation of the information included in the specifications;should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendurns will also be posted to Public Purchase. It will be the: vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. All bid responses must be turned in complete from cover page to the last page of the bid - pages in order. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. 3 GENERAL CONDITIONS In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents,the provision more favorable to the City shall prevail. 1. BID TIME It shall be the responsibility of each Bidder to ensure his/her bid are submitted to the Public Purchase website on or before 3:00 P.M. Thursday, 3an!La 2 2024. The official time shall be determined by the Public Purchase Website.The Public Purchase Website will NOT allow bid responses to be uploaded after the closing time. All attached bid documents are to be returned completely filled out, totaled, and signed. The City of North Richland Hills will not accept any bid documents other than the attached. 2. WITHDRAWING BIDS/PROPOSALS/QUOTES Bids may be withdrawn at any time prior to the official opening; request for non- consideration of bids must be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his/her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes.Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety(90) days following the date designated for the receipt of bids. 3. IRREGULAR BIDS/PROPOSALS/QUOTES Bids will be considered irregular if they show any omissions,alterations of form,additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However,the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City. 4.. REJECTION/DISQUALIFICATION Bidders will be disqualified and/or their bids rejected, among other reasons,for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub-contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; e) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; f) Lack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires, or qualification statement; g) Bid containing special conditions, clauses, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. 4 However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. 5. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and/or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price;terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; f) Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, General Conditions and Specifications; i) Results of testing, if required; j) Warranty and/or guarantee, maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty(60) days after the opening of bids.No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 9. DELIVERY/ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All 5 material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the Contractor encounters any difficulty which is delaying or threatens to delay timely Performance,written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive,not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause,the term"brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal"product,his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City(CMA-074, Standards of Conduct, Section IV). 6 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder,and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either parry upon written thirty (30) days' notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither parry to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work, breach of contract, or other claim for goods, services, or compensation. All claims for attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement,and including all expenses of litigation,court costs,and attorney's fees for injury or death to any person,or injury to any property,received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly,the performance of Contractor under this agreement,including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law.The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death,or damage,unmixed with the legal fault of another person or entity.Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit,including self-insurance. 7 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred(100)percent of the total contract price;if the total contract amount exceeds$50,000 the Contractor shall be required to execute a payment bond in the amount of one hundred (100)percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. [, ] Yes,we agree [ ]No, we do not agree 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code,vendor has not and shall not boycott Israel at any time while prov' ing products or services to the City of North Richland Hills. [ ] Yes,we agree [ ] No,we do not agree 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 85t' Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code,vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of North Richland Hills. [4es,we agree [ ]No,we do not agree 8 * By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not subj ect to the contract prohibition under Section 2252.154 of the Texas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be founn.d at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment-The City of North Richland Hills'Internal Ethics and Compliance policy has been made available to me. I understand the expectations of ethical behavior and compliance with the law, and agree to adhere to the City's ethics policies. litt s:/,/www htx..coin/DocurnentCenten/Viervl38 Code-of-Ethics---PI P bidld [ ] I agree [ ] I do not agree 25. COMPLIANCE WITH CHAPTER 2274 Pursuant to Chapter 2274, Texas Government Code, Prohibition on Contracts with Companies Boycotting.Certain Energy Companies, as enacted by S.B. 13, 87th Legislature, the Cite of North Richland Mills is prohibited fronn nosing public funds to contract with a for- profit Company as defined by Government Code 809.01 who boycotts energy companies. If Seller has more than 10 employees and this Contrzact has a value of$100,000 or more, by signing this agreement/contract, the Seller verifies that it does not discriminate against energy companies and will not discriminate diming the terra of the Contract, By submitting a bid response, Seller certifies compliance with these requirements. 26. COMPLIANCE WITH CHAPTER 2274 Pursuant to Chapter 2274, Texas Government Code, Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries, as enacted by S.B. 19, 87th Legislature, the City of North Richland Hills is prohibited from using public funds to contract with a for-profit Company as defined by Chapter 2274.001, who discriminates against firearm and ammunition industries. If Seller has at least 10 full-time employees and this Contract has a value of $100,000 or more, by signing this agreement/contract, the Seller agrees that it does not have a practice, policy, guidance, or directive that discriminates against a fircarnn entity or firearm trade association and will not discriminate during the term of the Agreement.By submitting a bid response, Seller certifies compliance with these requirements. This section does not apply if Seller is a sole-source provider. 27. DEPARTMENT OF TRANSPORTATION(TXDOT)RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated 9 against on the grounds of race, color, or national origin in consideration for an award."Due care and diligence has been used in preparation of this inl.' rmation, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the bidder. The City of North Richland Hills and its representatives will not be responsible for any errors or omissions in these specifications,nor for the failure on the part of the proposer to determine the full extent of the exposures. 10 MINIMUM INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the Contractor's policy. The City, at its own discretion,may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and roust be acceptable to the City of North Richland Hills. The following guidelines are designed to show the most common minimum insurance requirements for standard contracts and agreements with the City.Non-standard agreements may require additional coverage and/or higher limits. Coverage Amounts required for non-standard agreements to be determined by the department and the City Manager. General Contracts for Services: Service work, and general maintenance agreements, etc. ❑ Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation&Employer's Liability ❑ Payment and Maintenance Bond (if applicable) *See Exhibit A for insurance language to include in general contracts for services* Professional Services: Consultants or other professionals including:accountants,attorneys,architects,engineers,medical professionals,medical services, etc. ❑ Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation&Employer's Liability ❑ Professional Liability or equivalent Errors & Omissions (appropriate to Contractor's profession) *See Exhibit B for insurance language to include in professional services contracts* Construction: Building contractors for construction projects. ❑ Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation&Employer's Liability ❑ Professional Liability(if applicable for design function) 11 ❑ Builder's Risk(required for new or existing property under construction) ❑ Payment and Maintenance Bond(if applicable) *See Exhibit C for insurance language to include in construction contracts* Information Technology/Network Access Services: For the purchasing and installation of technology-related software and equipment or contracting services that support,maintain or interact with the CITY'S technology systems. ❑ Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation&Employer's Liability ❑ Professional Liability(if applicable) ❑ Cyber Liability *See Exhibit D for insurance language to include in IT/network access services agreements* Standard Minimum Rea uired Insurance Coverage Insurance Type Limit Provision City to be listed as additional insured $1,000,000 Each Occurrence and provided 30-day Commercial General $2,000,000 Aggregate notice of cancellation Liability or material change in .._...... � .....� _. — covera e For Construction Projects: $2,000,000 Each Occurrence .. _10 AutomobileLiability $1,000,000 Combined SingleLimati t _ .....m._.... . Waiver of Workers' Compensation Texas Statutory Requirements subrogation in favor of City $500,000 injury- each accident Employer's Liability $500,000 disease -each employee _n mmmmmw $500,000 disease- olic limit Professional Liability(or equivalent Errors& Omissions coverage $1,000,000 Each Occurrence appropriate to the Contractor's roofession Builder's Risk(required for new or existing property 100%Value under construction C ber Libility —.....--_$1,000,000 Each Occurrence Payment/Maintenance Bonds In accordance with Chapter 2253 of the Texas '11- Government Code 12 EXHIBIT A GENERAL,CUNTRACTS FOR SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR,its subcontractors,its sub-consultants and CITY from claims for injuries,including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury-each accident $500,000 disease-each employee $500,000 disease-policy limit B. Commercial General Liability: On an"occurrence"basis, including,property damage,bodily injury,products and completed operations and personal&advertising injury with limits no less than $1,000,000 per occurrence and$2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non-owned autos with a Combined Single Limit no less than$1,000,000 per accident for bodily injury and property damage. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed,terminated,or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A-VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 13 Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. 14 EXHIBIT B PROFESSIONAL SERVICES For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants and CITY from claims for injuries,including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease-each employee $500,000 disease-policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and$2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability(Errors and Omissions) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, describe type of services,with a limit no less than$1,000,000 per occurrence or claim. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed,terminated,or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M.Best Financial rating of A-VI or better. 15 CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 16 EXHIBIT C CON STlIucrIOl' For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors,its sub-consultants and CITY from claims for injuries,including accidental death,as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease-each employee $500,000 disease-policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $2,000,000 per occurrence and$4,000,000 aggregate. C. Automobile Liability: Covering any auto,or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability(if contract involves design work) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than$1,000,000 per occurrence or claim E. Builder's Risk CONTRACTOR shall maintain Builder's Risk Insurance providing All-Risk (Special Perils) coverage in an amount equal to one hundred percent(100%) of the completed value of the project in question and no coinsurance penalty provisions. The policy shall list the CITY as loss payee as their interests may appear. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. 17 a Policies of insurance shall not be cancelled non-renewed,terminated,or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A-VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Govermnent Code. 18 EXHIBIT D INFORMATION TECHNOLOGY/NETWORK ACCESS SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR,its subcontractors, its sub-consultants and CITY from claims for injuries,including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease- each employee $500,000 disease-policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and$2,000,000 aggregate. C. Autoi-nobile Liability: Covering any auto,or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability(Errors and Omissions) If appropriate for CONTRACTOR'S work, CONTRACTOR shall maintain Professional Liability(or equivalent)errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than $1,000,000 per occurrence or claim. E. Cyber Liability CONTRACTOR shall maintain cyber liability (or equivalent) insurance. Such insurance shall provide limits of no less than $1,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as undertaken by the CONTRACTOR. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. 19 Policies of insurance shall not be cancelled non-renewed,terminated,or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A-VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 20 Other insurance Requirements-To Be .Included As �lic��ble CONTRACTORS who serve or distribute liquor: Liquor Legal Liability - CONTRACTOR shall maintain Liquor Legal Liability coverage covering the selling,serving,or furnishing of any alcoholic beverage performed by CONTRACTOR,or on its behalf. Such insurance shall provide limits of no less than$1,000,000.00 per occurrence. CONTRACTORs who hold long-term leases: Property Insurance — LESSEE shall maintain Property Insurance against all risks of loss to any improvements or betterments, at full replacement cost with no coinsurance penalty provision. The CITY shall be added as a Loss Payee to the policy as interests may appear. CONTRACTOR's whose work involves chemicals or otherwise has a pollution exposure: Contractors'Pollution Liability(or equivalent)—CONTRACTOR shall maintain Contractors'Pollution Liability with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000 policy aggregate. CONTRACTORS who take possession of City or public vehicles(e.g.,parking lots operators,auto repair shops): Garage Keepers Liability(or equivalent)—CONTRACTOR shall maintain Garage Keepers Liability or equivalent coverage for applicable property while in the CONTRACTOR'S care, custody or control. Coverage must include Comprehensive and Collision coverage. Such insurance shall provide limits equal to no less than the total value of CITY or public property in the CONTRACTOR'S care, custody and control at any one time. CONTRACTORS who own and operate unmanned aircraft(drones): UAS Liability (or equivalent) - CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance or use of Unmanned Aerial Systems (Drones). Coverage must include limits no less than$1,000,000 per occurrence and$2,000,000 aggregate. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 21 NON-COLLUSION AFFIDAVIT OF BIDDER State of County of ­TA_42Aj4 verifies that: (Name) (1) He/She is owner,partner, officer,representative, or agent of has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder,firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. SIGNATURE PRINTED NAME Subscribed and sworn to before me this Day of� 2024. NtTAR BIC in and fir Destany Nicole Hall �r�GG►'b-4--� County, Texas, My Commission expires 8113/2026 Nola ID My commission expires: s6 �3 ,siss 'WW 11 zs EC* MWTHIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID 22 BID CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded alter the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read,widerstands and agrees that acceptance by the City of North Richhuid Hills of the bidder"s offer by issuance of purchase order will create a bindijag contract, Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: �h16 ............ .m....� ADDRESS: �typy►►.� f� CITY, STATE &ZIP: ... 1 _ 1 ..._.._ _mm..._ Wit?...►! TELEPHONE: e3 1-? — 5no 1-6 2-1 p FAX EMAIL: �thSS �._..... S t—T SIGNATURE: PRINTED NAME: 15iMPLf-� DATE: A—ZaP? . -- 23 COMPLIANCE WITH HOUSE BILL 1295 In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either(1)requires an action or vote by the governing body of the entity or agency before the contract may he signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Conunission has adopted .rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website.. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295.A business entity must: 1) Use the application to enter the required information oil Form 1295, 2) print a copy of the completed form,which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title. 4) Sign the printed copy of the form(an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission,using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application inay be found at https://www.ethics.state.tx.us/whatsn,ew/elf info form1295.1ittn. 24 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvanta ed Business Enterprises DBE are encouraged to participate in the City of North Richland Hills bid process.Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency.All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd.,Austin TX 78701-1416 P O Box 13186,Austin, TX 78711-3186 (512)463-5872 ht ://www.wint ow. tatg.t___ .:1as l-1 OC 11,en11,enI �c�� i�ub/taul�Mcert ficaiio l North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington,Texas 76011 (817) 640-0606 ft wl/w-ww.nctrc- o 8/ rt icaiior hl ii—I If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State,Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: :Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 25 CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of North Richland Hills must file a completed conflict of interest questionnaire. The conflict of interest questionnaire must be filed with the City Secretary of the City of North Richland Hills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills or submits to the City of North Richland lulls an application, response to a request for proposal or bid,correspondence, or another writing related to a potential.agreement with the City of North Richland Hills. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a Class C misdemeanor. The Conflict of Interest Questionnaire is included as part of this document and can be found at: htt sµ//www.ettl cs.state.t .us/data/forms/contuct/C . df To be considered for award, the Conflict of Interest Questionnaire is required to be completed with dated signature. 26 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg.,Regular Session. OFHCEt1SEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a Vendor who Date Received has a business relationship as defined by Section 178.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.008(a). By law this quesilonnalre must be filed wilh the records administrator of the local governmental entity not later than the 7Ih business day after the date the vendor becomes aware of facts that require the statement to be Mod. Sea Section 17e.008(a-1),Local Government Code. Avendor commits an offense r the vendor knowingly violates Section 176.006,Local Goverment Code.An offense under this section Is a misdemeanor. Name of vendor who has a business relationship with local governmental emity. i The Paysage Group LLC 2 Check this box It you am filing an update to a previously filed uastlonnairo,(The law requires that you file an updated completed questlonnalro with the appropriate filing authority not later than the 7th business day alter the date on which you became aware that the originally flied questionnaire was incomplete or Inaccurate.) 3 Name of load government officer about whom the information Is being disclosed, N/A Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2XA).Also describe any family relationship with the local government offlcar, Complatsoubparts A and B for each employment or business relationshipdesalbed.Attachadditlonal pages to this Form CIQ as necessary. N/A A. Is the local government officer or a family member of the off leer receiving or&sly to receive taxable income, other than investment Income,from the vendor? Yes EJ No B. Is the vendor reoWing or likely to receive taxable Income,other than Investment Income,from or at the direction of the local govemment officer or a family member of the off leer AND the taxable Income Is not received from the local governmental entity? l U Yes E No 51 Describe each employment or business relationship thatthevendor named In Section 1 maintains with a corporatlon or other business entity with respect to which the local government officer selves as an officer or director,or holds an ownership interest of one percent or more. N/A 0 Check thl If't endor has given the local government officer or afamlly member of the off leer one or more gifts desc d In Ion 176,003(a)(2)(B),exclud1'ng gifts descrbed In Section 176.003(a-1). 7 (/-�' V 1124 Signature of v or Ning trueness with the govornmerVa-1 ar ty Dat Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 27 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at MIPWwww.statules.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Lp_,ggl "Business relationship"means aconnection between Iwo or more parties based on cornmarclal activity of one of the parties. The term does not include a connection based'on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,stale,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that Is chartered by a state or federal agency and that Is sub)ect to regular examination by,and reporting to,that agency. (a) A local governmentofficor shad tja a conflicts disclosure statement with respect to a vendor if: (2) thevendor: (A) has an employment or other business relationship with the locat government officer or a family member of the officer that results in the officer or family member receiving taxable inemne, other than investment income, that exceeds$2,500 during file 12-month period preceding the date that the officer becomes aware that (I) a contract between the local governmental entity and vendor has been executed; or (if) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government off jopt or a family member of iheOffiCOF DTIG or more gifts Ilia[have an aggregate VaILAO of more than$100 In the 12-month period preceding the dale the officer becomes aware that. (I) a,contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity Is considering entering into a contract with the vendor, Local-govgimms 176.0 -1 and (a)A vendor shall fife a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family memberof the officer,described by Section I'7&003(a)(2)(A); (2) has given a local government officer of that local governmental ontRy,or a family member of the officer,one or more gifts With the aggregate value specified by Section I 76,003(a)(2)(B),excluding any gift described by Section 11 76,003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity, (a-1) The comple led con Mcl of Interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later ofa (1) the date that Ilia vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware; (A) of an employment or other business relationship with a local government officer,or a farnify member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described bySubsection(a);or (0) of a family relationship with a local government officer.. Form provided by Texas Ethics Commission wwwathics.state.mus Revised WSOJM5 28 CONTRACT CHANGES GRID The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifIcations to the Terms and Conditions, or any of the Contract Documents,, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. CONTRACT CHANGES GRID A Proposed Contractor/Bidder — ............. ("Contractor" or "Bidder"), submits the following modifications to the City's Standard .........-'-- ("Agreement") requesting changes to such provisions be accepted by the City and incorporated into the Agreement. Contractor understands and acknowledges that the City is under no obligation to accept the modification(s) proposed by Contractor; however, the City agrees to negotiate in good faith in consideration of Contractor's request,subject to legal requirements,City policies and advice of the City Attorney. Section Page Term,Condition—o-r ' Exception/Proposed Cs iposition(For Specification Modification ity of NRH Use City Response: Accepted Not Accepted ........ Modified 29 CONFIDENTIALITY OF PROPRIETARY INFORMATION During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and discussions related to the Proposers' proposals as confidential. The City will treat all proposals as confidential until negotiations are completed, the successful Proposer has been selected, and a contract has been awarded. During the evaluation process, the City intends to .disseminate information submitted by all Proposers to selected staff, any consultants employed by the City, and the evaluation committee, as the City deems appropriate in its sole discretion. Such staff, consultants, and committee members shall maintain the Proposers' information as confidential to the extent permitted by law. All materials submitted in response to this RFP shall become the property of the City of North Richland Hills and will not be returned. After a Proposer is selected and the contract is awarded, all submissions shall be subject to release in accordance with Texas Government Code Chapter 552, the Texas Public Information Act (the"Act"). If a Proposer does not desire proprietary information in the proposal to be disclosed, it is required to identify all proprietary information in the proposal prior to submission of the proposal to the City. The identification shall be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Proposer fails to identify such information as proprietary, the Proposer agrees by submission of its proposal that those sections shall be deemed non-proprietary and made available to the public upon request as authorized by law upon completion of the RFP process and award of contract. Proposers are advised that the City, to the extent permitted by law, will protect the confidentiality of their proposals. Proposers shall consider the implications of the Act,particularly after the RPF process has ceased and a contract has been awarded. If a public information request is made for a Proposer's response following award of a contract,proprietary information submitted in an RFP process may only be withheld from public disclosure pursuant to Section 552.1101 of the Act. A determination as to whether Section 552.1101 applies will not be decided by the City of North Richland Hills,but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Proposer, and the Proposer is required to request an opinion as to the confidentiality and proprietary nature of the information from the Attorney General pursuant to Section 552.305 of the Act. The City is not authorized to make the request on the Proposer's behalf. 30 SPECIFICATIONS A. GENERAL REQUIREMENTS The City of North Richland Hills Parks and Recreation Department intends to contract mowing and landscape maintenance.The successful bidder shall be responsible for mowing edging,string trimming and power sweeping or blowing all designated turf areas,maintaining items as specified in landscape maintenance section, and mowing edging, string trimming and power sweeping or blowing all designated areas defined in Right-of way mowing section. Bidders are to bid on all items as specified.No partial or incomplete bids will be accepted. 1. Duration of Agreement and Price Adjustments The successful bidder will be awarded a twelve (12) month agreement effective March 11, 2024. Prices are to remain firm for the twelve (12) month agreement period. At the City's option, the agreement may be renewed for four (4) additional twelve-month (12) month periods at a price proposed by the Contractor. The Contractor shall submit the renewal proposal with price changes and justification to the Parks and Recreation Department at least sixty (60) days before the expiration of the current agreement.Increase in contract pricing shall not exceed the consumer price index of the Dallas/Fort Worth standard metropolitan statistical for the previous twelve(12)month period or 4%, whichever is smaller. Renewal shall be at the sole discretion of the Parks and Recreation Department. 2. General Conditions Contractors submitting bids certify to the City that they possess all necessary equipment, facilities, personnel, and a minimum of five (5) years' work experience to fulfill the terms of the contract at the time of bid submission or that they will have the necessary equipment and personnel and be ready to proceed on the starting date for the initial contract period. The Contractor shall be required to keep sufficient equipment and labor on hand to do a complete mowing of the areas specified by contract, as often as may be specified, should the growing season demand. Bidder must submit with the Bid,a list of all equipment, given year, model or make of machines to be used and all equipment shall be subject to inspection by the Parks and Recreation Department. Bidder must submit with the Bid, a list of maintenance references with current name and phone number of referral. 3. Non-Performance Penalty If the Contractor fails to complete any mowing cycle scheduled without appropriate approval (i.e. approved weather delays, inaccessibility to site beyond the Contractor's control) of the Contract Administrator, contractual consequences including penalties may result as follows: a.) First failure to complete any scheduled cycle without approval—Written warning. b.) Continued failure to complete cycles may result in cancellation of contract. 31 The City reserves the right to cancel scheduled mowing cycle on a week-to-week basis, based upon need,prevailing weather conditions and available funding. 4. Method of Operation a) The Contractor will work under the direction of the Contract Administrator or his representative, who will determine the locations of the mowing and the amount of the equipment necessary to carry out the work. b) The Contractor shall provide his own equipment, labor, fuel, and any other material necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of his own equipment and the availability, presence, and supervision of his own employees. c) The Contractor shall not transfer or assign these mowing maintenance responsibilities to other agencies without prior written consent of the City department representative. d) Contractor will be responsible for the behavior of his employees. The Contractor's employees will act and behave in a professional manner at all times. Contractor will be required to dress his employees in clean company uniforms that can easily identify them when present on City property. e) All designated turf will be mowed accordingly to a preset annual mowing maintenance schedule, as agreed upon by the Contractor and the designated City department representative before the mowing season starts. The city reserves the right to reduce cycles at any time with no increase in the per cycle cost. f) Any variance from the prescribed mowing schedule will require a minimum of twenty- four-hour advanced notification to the Contract Administrator. All mowing is to be accomplished as specified in the Property Description section, weather permitting. Mowing hours must be between 7:00 a.m. — 6:00 p.m. Mowing cycles missed due to weather conditions must be completed during the first day weather conditions permit unless otherwise directed by the Contract Administrator. g) It shall be mandatory that a review of the contract areas be conducted prior to the beginning of the first mowing cycle.If requested by the City or Contractor,a"walk thru" of any of the mowing maintenance property shall be conducted before the next mowing cycle. h) Contractor will be required to e-mail the Contract Administrator to report mowing maintenance accomplished weekly on Monday morning by 8:00 A.M. with the work completed the previous week as well at work to be completed in the current weeks. The Contractor must always provide a valid telephone number to the Contract Administrator. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. i) The Contractor shall fill out invoice forms for monthly payments. Each section of this contract (Park Mowing, Landscape Maintenance and Right-of-Way Mowing) must be 32 invoiced separately.Unit prices are to reflect the charges for mowing maintenance cycles at each location. j) No payment for partial mowing of selected sites shall be made. Each site must be completed before moving to the next location in order for payments to be acknowledged. k) A bid response constitutes understanding and acceptance of all terms, conditions, instructions, and specifications contained in the maintenance specifications. 5. Company Requirements a) Vendor will provide 3 municipal references of similar current maintenance contracts. b) Vendor must include the number of full-time hourly employees currently employed by the business. c) Vendor must include the number of seasonal hourly employees currently being employed by the business. d) Vendor must include the number of salaried supervisory employees employed by the business. e) Vendor will include TDA Commercial Pesticide Applicators Licenses and Irrigation License and/or Irrigation Technician Certifications they possess. Failure to provide any one of these items may be cause for bid rejection. 33 SECTION A. PARK AND FACILITY MOWINGS SPECIFICATIONS The following description is intended to clarify the nature of the work required for this project and to describe the minimum requirements acceptable for the Parks-and nd Faacili.y Mowing Services. The provisions of the standard technical specifications shall apply except as otherwise noted herein. Each pay item shall include all labor, materials, equipment, traffic control devices, barricading and incidentals necessary to construct that item. Aerial maps are provided to aid in park and property boundary identification. If needed, further clarification should be requested from the Contract Administrator. 1. Mowing Maintenance will be defined as mowing, edging, string trimming and sweeping on designated City property.The Contractor must accomplish all mowing maintenance tasks of the property on the same day in order for the property to be considered completed. If partial completion is done, the Contractor must contact the Park Superintendent the next day. 2. Prior to mowing, the Contractor will be responsible for removing all litter on the turf, no clippings or chopped paper may be left. No visible grass clippings, wind rows are not to be visible. Fallen leaves from the turf areas can be mulched. Broken glass must be removed from the site before mowing. 3. Mow height of grass will be determined by the Contract Administrator.Under normal conditions Common Bermuda will be mowed at 1 to 1 1/2 inches and St. Augustine will be mowed at 1 %2 to 2 1/2 inches. 4. When required,the turf will be crosscut to help prevent grass from growing in one direction and becoming rutted. 5. Trees and shrubs must not be bumped or marked by mowing or edging equipment. Damage to trees,tree collars and tree water bags will be assessed at$50.00 for each instance. 6. Edging along curbs and sidewalks must be done each time the turf is mowed.All edging will be with a fixed blade edger that leaves a sharp edge (not a monofilament trimmer). 7. Mono Filament Trim around all signs,posts,fences,planting beds,buildings,tree wells (do not direct diregfly use around the trunks of trees), weeds/grass from expansion joints and any other obstacle(s)must be done each time the turf is mowed. Herbicides are not allowed for vegetation control in these areas unless pre-authorized by the contract administrator. 8. The Contractor shall perform mowing maintenance of all properties with water features up to the water's edge or, if cattails are present, to the back side of the cattails. If adverse conditions exist where mowing is not possible to water's edge or back of cattails, then Contractor must perform maintenance with string trimmer. Several ponds have an erosion prevention system of a synthetic fabric filled with sand. Contractor is expected to string trim grass parallel to surface and not edge perpendicularly at these ponds in order to prevent damage to synthetic geotube. 9. The Contractor will leave the property with a finish appearance with walks,hardscapes and curb areas having been (power) swept and must be completed each time the turf is mowed. The Contractor must not blow litter or clippings onto the street. 34 10.No chemicals,herbicides,insecticides,fungicides,growth regulators or fertilizers are to be used without the written approval of the Contract Administrator. 11. The Contractor will be responsible for any damage done to plant material,turf,irrigation system or other property as a result of his maintenance operations. He will be responsible for replacement or repair of damage plants, turfs, irrigation system and/or property. Any cl ti)?tgo I lmm st c reDort c nna ,I atc s t)te_ to the Contract i a stratg,:°. 12.Repair, servicing or fueling of equipment is not permitted within landscape areas or on turf areas. 13. The Contractor shall exercise extreme caution while working on medians, roadsides and high traffic areas. Orange safety vests, orange traffic cones and TX Dot approved "men working" signage are required when crews are working in any traffic situation. 14. The Contractor shall comply with all applicable governmental laws and regulations. 15. The Contractor and his employees must not give any definitive responses to any inquiries received from citizens, media or public persons but must refer the inquiries to the Contract Administrator. 16. The Contractor is required to notify the City department representative of any hazardous conditions prior to leaving the work site. 17. Contractor shall furnish all supplies,tools and equipment to be used on the work site.Contractor must supply a list of machinery and equipment available in order to determine whether or not they can adequately perform the necessary work. Insufficient and/or inadequate equipment determined by the Parks and Recreation Department is caused for rejection of the contract. Where applicable, finish and mowers with mulch kits are required. Side discharge mowers are not allowed unless approved by the contract administrator for specific locations. 18. It is agreed that the quantities of work to be done at unit prices may be increased or diminished as may be considered necessary, in the opinion of the Contract Administrator, to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. In the event an increase pertains to items not originally bid, the Contractor shall submit a bid in writing to the Contract Administrator for approval. Any change order shall be approved by the City of North Richland Hills designated representative prior to work being started on said change. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other than by said Contractor. 35 SECTION B. LANDSCAPE SERVICES SPECIFICATIONS 1. Bed Maintenance a. All bed areas and tree rings will be policed for weeds, trash, and debris in each bed maintenance cycle. b. All planter beds, tree circles, sidewalk cracks, etc. are to be sprayed with each bed maintenance cycle to control unwanted grasses and broadleaf weeds. Only the use of selective herbicides in groundcovers is permitted and must still be approved by Contract Administrator. c. Shrubs, groundcovers, and vines are pruned according to recommended horticultural practices to maintain a clean, attractive appearance. (Reference ANSI A 300 trimming specifications). d. Shrubbery will be pruned per the hedge trimming schedule to ensure the correct shape and natural growth habit for the area in which the shrubs are growing. e. Tip prune selected branches of low growing shrubs or groundcover masses to maintain an even overall height to promote fullness. £ Ground cover plantings will be pruned as required to restrain perimeter growth to within planting bed areas adjacent to walks, curbs, or other planting and features. g. ALL dead plant material must be removed or pruned back to living foliage with each bed maintenance cycle. h. All tree rings and planting beds shall be maintained free of weeds/grass. i. Chemical practices shall not be a substitute for hand weeding where the latter is required for complete removal. Weeds greater than 5" in width or vertical growth be manually removed. j. No jobsite may be left blocking pathways.Equipment may not be left unattended onsite, and all areas shall be clean when leaving the site, even if the vendor is to return for more work. 2. Herbicide a. Herbicide schedule is for all turf and landscape bed areas at designated locations.. b. Herbicide Substitutions-Trade name herbicides are based on past use. Other approved equal herbicides may be used if the percentage of active ingredient is equivalent to trade name or approved by the Contract Administrator. 36 c. Any plant(s)that is killed or permanently damaged by the application of herbicides or fertilizers shall be replanted by the contractor. Permanent establishment of the new plant(s)is the sole responsibility of the contractor. Turf grass re-establishment shall be done at no additional cost to the City. d. Care shall be taken to avoid herbicide drift and damage to adjacent plants. e. Contractor will be responsible for any damage done to plant material or other property during maintenance operations. Contractor will be responsible for replacement of all plant material damaged or destroyed by him/her or his/her employees. f. The contractor must be licensed by the Texas Structural Pest Control Board and/or Texas Department of Agriculture. A copy of the license and a listing of the license numbers shall be submitted with a bid response. g. All herbicides shall be mixed and applied in strict accordance with the manufacturer's E.P.A. Registered Label. h. The contractor shall comply with all pesticide/herbicide application requirements as set forth by the Texas Structural Pest Control Board (TSPCB), the Texas Department of Agriculture, the Federal Environmental Protection Agency and manufacturers' instructions provided with chemicals on labels and/or accompany brochures. i. All turf areas in the parks, facilities, medians/roadsides, ROW's designated to receive herbicide treatments are required to have a Pre and Post emergent Herbicide unless specified otherwise. Control of difficult perennial and annual weeds will be mutually determined by vendor and Contract Administrator. Timing of all herbicide applications will be determined by the Contract Administrator. j. Prior to seasonal herbicide treatments, a meeting will be required between Vendor and Contract Administrator to discuss what is to be sprayed and at which locations. 3. Fertilizer a. Fertilizer Schedule for Turf Areas with 1 Annual Application May 1- May 15: apply granular TurfGro One and Done fertilizer: 30-2-12 (or equivalent) for full summer effect. Substitutions to this must be requested to the Contract Administrator but must meet same or very similar specifications. b. All concrete surfaces shall be blown off immediately after fertilizer applications. c. In lieu of detailed time/date schedules for treatment, the vendor shall in coordination with the Contract Administrator/Alternate,develop a schedule that is mutually agreeable 37 to both. In the event of a disagreement, the schedule of the Contract Administrator/Alternate will prevail. See attached schedule matrix on bid sheet. 4. Annual Color a. Vendor will provide two (2) seasonal(Spring/Summer and Fall/Winter) color plantings per year unless otherwise specified in Attached Pricing Summary Worksheet Locations. Plant material type, variety, and color will be selected by Contract Administrator/Alternate. b. Remove old seasonal color, rake off existing mulch layer, clean weeds/trash from planting bed, Roto-till to turn and fluff bed to a min. depth of 4" max. 6", rake bed smooth and remove clods/rocks greater than 1". Pull back all drip irrigation tubes prior to Roto-tilling beds if installed with drip irrigation. Contractor is responsible for repairing any irrigation damaged during the process of the install. c. At each Color change apply Color Star (or approved equivalent) granular fertilizer at labeled rate.Add granular fertilizer at time of planting(Spring/Summer and Fall/Winter planting). d. Top dress all color beds with mulch @ a depth of 1" e. A representative sample of all plant material must be approved by Contract Administrator/Alternate prior to all plantings.An emailed photo will be accepted as long as an object is included for a size comparison. f. Annual Plant spacing: i. All color plantings will use 4"pots planted at 6"centers. I All one (1) gallon plants requested will be planted at one (1)per Sq. Ft. g. At each planting, color must be hand-watered immediately after planting. Soil must be moist to a depth of 6".Water sources will be provided and coordinated through Contract Administrator. 5. Ant Abatement Service Requirements a. Application timing to be determined by the Contract Administrator in conjunction with daily weather conditions. These applications, like all maintenance activities, require daily schedules to be sent. b. Application to be done in a broadcast method with ground equipment calibrated to give correct dosage. The application of Advion or an approved equal is requested and should be made at the label recommendations for annual fire-ant control. Retreatment will be 38 required at the Contractor's expense should fire ants become an issue before the effective time window is expired. c. Applications to include all landscaped beds, turf and non-turf areas {dirt/gravel) in all areas designated. d. Vendor is responsible for repairing any ruts in turf, replacement of valve boxes/covers, damage to irrigation controllers/heads and valves,or any hardscape feature made during application. e. Vendor to provide MSDS (Material Safety Data Sheet) on approved chemicals. f. Turf tires required on all equipment used in making the application. g. At all water features, extreme caution must be taken to assure the pesticide does not get into water. Damage to aquatic life will be replaced and cleaned at the vendor's cost: 6. Irregular Work a. At irregular intervals,the Contract Administrator will request landscape and/or irrigation work to be done at various locations throughout the City of North Richland Hills. Examples are as follows: landscape bed replacement/enhancement at various locations, irrigation installation/reconfiguration as needed at various locations, etc. Pricing for these projects shall be obtained by using the Attached Pricing Summary Worksheet. b. The quantities of irregular work per year shall be estimates only and shall not constitute a guaranteed amount to be paid to the vendor. c. Contractor must supply receipts for materials purchased so that contract administrator is able to verify percent markup on material is correct, unless material was provided to contractor by the City. d. Materials are defined as items to be left at the landscape by the Contractor,whether it be above ground or in ground. Items such as pipe, valves, plants, soil, mulch, etc. are considered materials. Materials are not tools,blades, gasoline, etc. 7. Warranty a. The successful Vendor shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. All trees and shrubs planted under this contract will carry a one-year replacement guarantee. Annual Color changes will carry a 5-month guarantee. A warranty will not be required if material is provided by the City, or damage occurs from an `act of God' weather event. 39 SECTION C. RIGHT-OF-WAY MOWING SPECIFICATIONS Mowing Requirements The mowing of all sites shall include the mowing and trimming of all grass and weeds within each area. Areas listed on the bid form can be found on the provided 2024 City of North Richland Hills Right-of- Way Mowing Mapbook.Please note that only items on the Section C. Bid Form are being requested as part of the bid and not all areas on map. A. All trash and debris shall be removed by the Contractor prior to mowing if shredding of the debris would be detrimental to the appearance of the area. No separate pay item shall be allowed for litter control. B. Turf must be mowed at a height of two (2)inches (measured from ground level). C. Trimming around trees and shrubs, fence lines, poles, posts and other obstructions will be performed using mechanical devices and/or hand labor with each cycle. Weeds growing in pavement cracks, street median, curbing and concrete shall be removed by Contractor. D. Sidewalks and other visual areas must be swept or blown clean after each cycle. E. Clippings shall not be blown into the streets or paved sidewalks,drainage inlets or on any paved surface of any type. E Contractor's personnel working in streets right-of-way shall be required to wear safety vests or other safety garment as described by the Manual on Uniform Traffic Control Devices (MUTCD). Traffic control devices must meet MUTCD. G. Curbs, sidewalks,medians and other hard edges shall be trimmed each cycle. H. Grass and weeds growing in cracks and expansion joints as needed is permitted to be sprayed with a non-selective herbicide, but plant material must be removed mechanically once plant is deceased. I. The cycle mowing of all rights-of-way shall include the areas from roadway pavement to property lines, fence lines, or other applicable delineations. Should an obvious delineation not be present, Contractor to mow 10 feet in from back of curb or 5 feet in from back of sidewalk. Areas that are impossible to mow mechanically due to slopes and ditches must be cut with string trimmers or other acceptable methods. J. No payment for partial mowing of selected sites will be made. Each site must be completed before moving on to the next location in order for payment to be approved by the department. K. No parking on the public roadways shall impede normal flow of traffic,without the proper traffic control described in the Manual of Uniformed Traffic Control Devices. 40 Weekly Reports The Contractor mtist provide an electronic weekly report on Monday mornings by 8:00 AN. to the Contract administrator of areas mowed the previous week as well as a schedule for the current week. Clipping Removal Clippings shall not normally be collected and removed or from the site.Mulching kits on mowers should mulch clippings sufficiently, however if excessive clippings occur, these shall be removed by the Contractor. In addition, excessive clippings resulting from extended mowing frequencies due to the Contractor's delay shall be removed by the Contractor. 41 .................... Section A. and B. Property Description - Please also refer to provided maps. Location Address Description Ace Park 7751 N Richland Blvd. Pa��kpropertyw I defined by surrounding private properties to street,................... Barfield Trail SW corner of Little Bear Trail follows LBC corridor an power lines. Creek Park(Creekridge Maintenance requires a 10ft mowing path on both sides of trail. Drive)to Precinct Line Finger of trail near west end that extends to Valley Dr.required. 3.5 miles Several adjacent open areas also required,refer to map. mmITIT 8205 Bedford-Euless Park property defined by masonry fence/residential homes(north)to Ash Greenway Rd. street(west)to Nevada Trail(east) Blvd 26 —Blvd'2­_6_­_/820 M`edian­,_B,lvd 26_Iandscap e median,—immediate, —south--... of-8-20 Landscape Median Bursey Senior 7-301 Bursey Rd Property well defined by Bursey Rd.tothe­south_,bric,'k­'w­alI`,t'o','the, 'west and Centernorth, and a barbed wire fence to the east. Cambridge 6702 Cambridge Dr North boundary defined by Cottonbelt Trail, Trailhead South boundary defined by wooden fence. East boundary defined by Split rail fence near Cambridge Dr. West boundary defined by Rufe Snow Dr. Cit Hall 301 Ciityl3oii t�Dr 1:;ropefty begin..s at—Blvd 26 and—City Point D_ —-—---- "" ,extending southeast to the main property. Parking lot islands,front and sides of building,back employee parking area and south employee entrance along Frawley Drive. Small area between Auxillary building in employee lot and residential fences included in maintenance. City Point Trail 7299 Glenview Dr. Future Trail extending from Glenview to Blvd 26.See Map. Clyde Zellers Park 4801 Vance Rd. Site includes inside fenced playground up to sidewalk next to classrooms, Located at Snow plus turf outside fence to street. Heights Elementary. Site does not include front of the school nor next to classrooms. Community 5301 S. Davis Blvd, Mowing includes turf adjacent to garden plots to surrounding streets and Garden residential properties. ......... ....................... Cotton Belt TrailExtends from Rufe Snow to Precinct Line. ....­­.......... Mowing includes only south side of RR tracks. Boundaries include residential homes,commercial properties,or street south of trail and one 5'strip on track side of trail or to black vinyl chain link protection fence.No map provided. Mowing,edging and blowing to be performed completely in sections so as to not leave debris on the entire trail throughout the day of mowing. 42 Section A. and B.Property Description- Please also refer to provided maps.. Location Address Description Cross Timbers 7680 Dou las Rd. Mowin includes all developed and ... g g' p common area property.Concrete trails Park crossing natural areas to be mowed 10'on each side of trail. 7451 Starnes North boundary includes fence line from Douglas east to Aubrey Ln. South boundary includes developed turf to street and behind residential homes, including 6ft cut on both sides of cement trail. East boundary includes back fences of residential homes on Aubrey Ln. Mowing required up to fences. 10'mowing width between creek and Orange Valley Dr to be performed with every mowing occurrence. South boundary at Starnes Rd. Inside 4 ball fields not included.String trim outside ball field fences required Dan Echols Sr. 6801 Glenview Mowing maintenance Includes around building,parking lot and west strip Center next to channel. Channel not included. Davis Bike Plaza 5500 Davis Blvd. Property well defined by streets --------------WW and residence. �_ includes ....... nt to plaza. Dick Faram Park 8344 Amundson Park property well defined by surrounding streets and residential homes. Dolce Plaza 9000 Grand Avenue Park well defined by surround property �y ing streets and parking spaces.See _ map. mDr.Pillow Park ..... 7501 Continental ntal Trl. Park Property well defined b street and natural area P tY y ....._. —_. ..__. .See map. _ _�. ____m._ .......... ..._�.... �._.._a.� �.. .... .... _-_................... ...... ..... Fire Station#1 8001 Shadywood Ln. Property is defined by Davis Blvd,Shadywood Ln, residential homes and tree line. Fire Station#2�� 4001 Rufe Snow Property defined by Rufe Snow, _�_..... concrete channel and fence line. Fire Station#3 5328 Davis Blvd. Property defined by Davis and fence lines. Fire Fossil Creek Park 6101 Onyx Dr.South Mowing boundaries includes turf in frontfence line and Douglas.., 7245 Hightower Dr. Property defined b Hi htower channel of ark,common areas between fields and tree area in back. Inside 2 baseball fields not included.Mowing and String trim outside ball field fence is required, Fossil Creek Open 6101 Onyx Dr.South Mowing includes a section of and "velo—w�...... .—... 0 Y g� eveloped park between wooded area and Area residential lots. Large portion of field is being converted to natural areas and is not _ included.Refer to attached map_ Founders Park 7908 Brandon Court Park property well defined with surrounding streets and brick fence Flyover Northeast corner of Improved landscaped area adjacent to 820 frontage road and Blvd 26.See Landscape Loop 820 and Blvd 26 map. Glenview/Blvd 7200 Glenvie w Improved landscaped areas on all corners of intersection. Refer to map. 26 Landscape Glenview East 7900._.�. ...v. ........�_.....e' y.—sign "-"--,--- ._...._. Glenview/820 Glenview landscape median with City entry sign. Median _ Median Green Valley Park 7701 Smithfield Property well defined with street,brick wall and residential homes.. Front pond edge to be trimmed as part of maintenance. Soccer fields are mowed by park staff and not included. Outside southern brick wall included in mowing. 43 ...... ....._ ....... _..�.. ... Section A. and B. Property Descriptions -Please also refer to provided maps. .. Locahyn —Ad dress-...�_..m_m�. _. _ ..._—..�..�"cscri lion Green Valle 8000 Smithfield Rd Mowing boundaries defined by map. Raceway Boundary begins 10'off concrete trail.Concrete trail is part of Barfield Trail _ mowing parameter. Hometown Lakes 6000 Lake Way _ Mid Cities tNatural — "Blvd south to area. ark property begins at the Thornwa Defined by laoraies and HOA common area.See map, JB Sandlin Park 8925 Thornmeadow North end of p p p Y g y bridge.Property follows channel south to Bridge by Souththorn Drive. Property is defined by residential homes and streets. Maintenance also includes open areas adjacent to south Thornbush and Kentwood. Channel mowing is not included. Mowing required one mower path,past _ edge of channel. Joan Johnson �Lake east Extends from Blvd 26 west Trail 4500 Shady to Sun Crest Ct. g _ ___�_m__ defined b residential homes.Se Ma provided. Ka Granger Park 4100 Flo St.Located Site and M p e Y to Blvd.26 Property _ under construction.See Ma for bidding purposes. at Mullendore Elementary Legacy Park 6800 Springdale Ln. Site includes all fenced playground up to 20-3 Oft from classrooms or Located at Foster sidewalks adjacent to classrooms. Village Elementary Site does not include front of the school. LibertyPark 5825 Holiday Ln ........M Property defined b Holida Ln and LibertymWa Mowing includes small -- Y P Y Y Y Y� g� mall channel inside park.Lake edge to be string trimmed. _ Drainage channel directly north and south of the lake not included. Linda Spurlock 6400 Glenview - operty defined by streets and residen � Pr tial homes. Park tters Area W le Bear Creek 7200 Wilson Ln. est bound ry_defi.. .,_._ned .. O . ary by residential homes along Creekri.m.dg.e Dr.East and....... p south boundary defined by natural area.North Boundary defined by efer Norich Park _ 5412 Galway Ln. Property defined�by residential homes and StRreetsto map,. .. .. mm— North Electric Blvd 26—Holiday Ln —East maintenance begins at walking bridge next to Richlando High School Trail softball field.Practice fields/open space adjacent to trail are not included (10ft path on both side of trail in this area required). Property generally defined by residential homes and commercial properties following Oncor powerline easement. _ West maintenance ends at Newman Dr.See Map„ Northfield Park 7804 Davis Blvd. Site well defined b residential homes and fences. ...._.... y Inside 3 ball fields not included.String trim outside ball field fence required. NRH2O Water 9001 Blvd 26 Inside fence area ........- and outside common areas to be mowed before 9:30am Park during open season.Bagging required near water edges during open season. Outside fence maintenance includes turf up to Blvd 26;mowing to parking on the south side(Sonic);and mow along trail on west side of property. Area north of property to be mowed to apartment landscape bed/property line. 'en Overflow 9001 Blvd 26_LL_ Wegest b�ary requires 5'mowing path id of concrete Parking trail. East boundary picks up at west boundary of main NRH2O rnowr"n North brnundar is defined by homes and 1a aaa lrn r..... 44 Property Descriptions --Please also refer to rovided maps. [N,RH20 ocation Section . and$Address _ D_ _ ... ascription Overflow 9g 001 Blvd 26 West space on the west side of N equres 5'mong pth on west side of concrete trail. East boundary picks up at west boundary of main NRH2O mowing. North boundary is defined by homes and apartments. Randy Moresi 7600 Roger Line Dr. West side of channel(Roger Line to Booth Calloway ),y), mowing required Trail from street and/or tree line to channel edge. Richfield Park 7250 Chapman. Rd. p g ......... .. .._.. Main property p p rty on Chapman Rd. Mowing beside the creek channels included and extends south to Mid Cities Blvd. Inside baseball fields not included,but string trimming and mowing outside of ballfield fences is included. Mowing inside the creek channels is not included,but between channel and Richland Tennis 7111 NE Loop 820 Outside maintenance area adjacent to loop 8"'O"' ....... _ private fences is.See map. 20 east to holiday Center lane and front common areas. Inside areas included and outside parking lot islands. Small strip outside wrought iron fence by apartments included. Mowing Thursday or Friday Afternoons 12:00-3:00 _ Rumfield power 7328 Spring Oak Dr. Property is a small, linear section of easement behind houses—along s g _.... .. p ypring line easement _ e Refer to map for parameters. Park Operations 7200 Dick Fisher -- y _e � ',Di i er oak drive. Property, defined b all turf areas inside Dick Fisher W Dick Fisher N,Iron p Horse Blvd,and front of the facilities on Dick Fisher S. -Fire Station 5 Area includes open space in front of the Fire Administration facility. -Building Services Maintenance required for area adjacent to equipment service entrance. -Public Works -Animal Adoption and Rescue Center Landscape Vanous• addresses Southern boundary of landscape begins.Refer to ma for landscape locations. P dscape bed The Centre Park property defined u Storm Plaza 19010 Grand Ave Park ro art is defined b surrounding streets. �_ y tre and 6000 Hawk Ave. The area is defined b Bud Jensen Rd to the north, Library9015 Grand Ave. southwest Grand Avenue to the southeast and vacant _._t Hawk Ave to the � property to the east. _�— t w party west Property lines are residential properties.Son o Walkers Creek 8403 Emerald Hills _ North and west P Hawk Ave lands The ro o ca e median. .... .. includes the Ha _ s.South extends to ..� Park Emerald Hills Way.East property mowing line is natural area. Ballfields are not included,but mowing between,around,and string _ trimming outside of ballfield fencing is included. Walkers Creek Near 6401 Sunnybrook Mowing includes the section o _ a C f bike trail from Amundson and Cardinal Lane Trail Dr. to Mid Cities Blvd. Other sections of this trail are maintained by homeowners and/or are included in other park properties. Vacant Lot 5024 Cummings Dr. E Property well defined...wiwith surrounding......�� neighborhood No map provided Smithfield Rd. See Map.Vegetation coming through Quin rhood. Vacant Lot ........ 5020 Cummings Dr.E Property well defined with surroundi old degrading._2 g P y _ o Old Jameson 6504 Smithf' ding concrete asphalt Fence included.Can be sprayed or mowed with mowing cycle. Small area outside of fence on Northeast corner included. See Contract Administrator for gate lock combo,. 45 qns Please a1SO e ok Amundson DreNorth Parameter begins Precinct Line Rd.and extends South to Main St.See map book. Boulevard 26� South parameter begins in medians south of Richland Plaza Dr.,extendingnortheast to Rufe Snow D r. Median north of loop 820 and a small island at 26 and Walker Blvd.Does not include mowing of North ed/improved s thin Section A.of Pa Re ... ..�.�.— landscaped/ roved median within Park Mowing to map book. Eden Road � p ry'begins �_.._. . .�.w..—__.�. �. orth Boundary at Rumfield Road and extends south to Amundson Dr.See map book. Harwood Road Be ins at Bob Dr.and Extends east to medians at City of Hurst city limits. Refer to map book. p g' and winds northeast to Precinct ies Blvd. Refer to map book. Kok Lane pp to Mid M ese Blvd South parameter begins at Rumf e d Rd, meanders north� � � _.. Line Rd.Drainage channels to be trimmed completely to top of channel'.See Mapbook for all areas to be mowed. Little Ranch Rd. Chapman Rd.to Hi htow r Dr, Mowing/Nine trimming required in channels. nnels.See mapbook. .......... Meadow Rd. Extends from Chapman to Hightower.See map book for specific locations Meadow Creek Extends from North Forty to Hightower.See map book for specif ic locations Rd. Mid Cities Blvd West parameter begins at Rufe Snow Dr.and extends East to Precinct Line Rd.Medians an._...d rights of ways. Refer to map for speclfic locations. ... _..Fort Extends from Little Ranch to Meadow Rd S p / for� specific e is locations .� ., y ems west at NRH city limits on mediansrights-of-way, �ons to be mowed. North Tarrant Begins B g' y and north south n htsi-f � � �• of-wa extends east to Precinct Line Parkway Rd.North parameters consist of undeveloped land,masonry walls,and commercial properties.South boundaries-masonry,walls, Precinct Line Rd. North Boundary begins near Davisv Blvd and' xt nds south to just pastGlenhaven C t. Rufe Snow Dr Begins at Blvd 26 and extends north on v rights-of-way.. ...... d._, ...._..""'various medians and to Bursey Rd.Adjacent g . be at Davis Blvd.and extends t areas at Meadow Lakes east of Rufe Snow to be included(red on map).See Mapbook. Rumfield Rd. West Boundary ins o Precinct Line Rd.See Mapbook for specific areas Site Descriptions and Bid Form to be mowed. Shady Grove Rd. West boundary begins at Smithfield WRd and extends east.Stringtrimming in drainage �........ _........ g Wage channels required.See Mapbook for specific locations to be maintained. eld Rd South Boundary begins at Davis and extends north to Shad .G �.._ rove Rd, Bridge Area Blowing and Cleanup Under Bridge at 26/820 intersection along with chemical weed control. Pavers mm _ Sushi Axiom ROW Small triangle Area By Sushi Axiom. 46 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. 2024-1115596 Smith Lawn and Tree Richland Hills,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/24/2024 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. 24-007 Parks, Facilities, and Right of Way Mowing and Landscaping Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary i 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is,Russell Similar.� ,,,,� and my date of birth is TX M address is 3200 Handle Ederville Rd 76118 USA ,. y , Richland.Hells.. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, state of mTexas ,on the 24thday of_Janua ry,20_24 . + (month) (year) Signatu authorized agent of contracting business entity Declarant Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.9000c47f MEL " H 'IM ffl%th, O&TH KICMHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 SUBJECT: Consider Resolution No. 2024-014, authorizing submission of the application and acceptance of allocated funds if awarded for the Texas Parks and Wildlife Department Recreational Trails Grant for City Point Trail, Grant #REC-2024-City of NRH-00050. PRESENTER: Adrien Pekurney, Director of Parks and Recreation Department SUMMARY: Texas Parks and Wildlife Department (TPWD) administers the National Recreational Trails Fund in Texas under the approval of the Federal Highway Administration (FHWA). This federally funded program receives its funding from a portion of federal gas taxes paid on fuel used in non-highway recreational vehicles. If awarded, the Parks and Recreation Department will use the funds to help support the construction of the City Point Trail. GENERAL DESCRIPTION: The Parks and Recreation Department is seeking authorization to apply for and if awarded utilize grant funds offered through the National Recreational Trails Fund administered by the Texas Parks and Wildlife Department. The reimbursable grants can be up to 80% of project cost with a maximum of $300,000 for non-motorized trail grants. Funds can be spent on both motorized and non-motorized recreational trail projects such as the construction of new recreational trails, to improve existing trails, to develop trailheads or trailside facilities, and to acquire trail corridors. The current adopted FY2023/2024 Park Fund Capital Infrastructure Project for the City Point Trail provides for the design and construction of a 10' wide multi-use trail in the Oncor easement just west of City Point development from Glenview Drive to an existing 6' wide residential pedestrian trail system adjacent to City Point Phase 2 along Boulevard 26. The trail design plans are complete and the grant opportunity, if awarded, provides potential funding to support construction. This project will serve to connect residents in the second phase of development along the west side of City Point with a 10' wide multi-use trail from Glenview Drive northward into the residential trail system next to Boulevard 26. The trail connection at Glenview will give NRH residents an opportunity to connect to a similar recreational trail located in the Oncor easement within Richland Hills southward. All phases of City Point will connect to the JoAnn Johnson Trail which begins at the signalized intersection of Boulevard 26 and City Point Drive. There is a 20% match requirement which is already funded within FY2023/2024. The total grant application, if awarded, is $248,629. RECOMMENDATION: Approve Resolution No. 2024-014, authorizing submission of the application and acceptance of allocated funds if awarded for the National Recreational Trails Fund administered by the Texas Parks and Wildlife Department as Recreational Trails Grant Program for City Point Trail, Grant #REC-2024-City of NRH-00050. RESOLUTION NO. 2024-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING SUBMISSION OF THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE Texas Parks and Wildlife Department (TPWD) Recreational Trails Grant for City Point Trail, Grant #REC-2024-Cityof NRH-00050 effective October 1, 2024. WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply and make appointments for the conduct of business relative to the Texas Parks and Wildlife Department (TPWD) Recreational Trails Grant for City Point Trail, Grant #REC-2024-CityofNRH-00050; and WHEREAS, The City of North Richland Hills, Texas finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Program to support in the construction of a 10' wide multi-use trail in the Oncor easement west of City Point development from Glenview Drive to an existing 6' wide residential pedestrian trail system adjacent to City Point Phase 2 along Blvd 26. This project will serve to connect residents in the development along the west side of City Point with a 10'wide multi-use trail from Glenview Drive northward into the existing NRH residential trail system starting at the signalized intersection of City Point Drive and Blvd 26. 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 Parks and Wildlife Department Recreational Trails Grant for City Point Trail, Grant #REC-2024-CityofNRH-00050. SECTION 3. The City Council of North Richland Hills agrees to provide 20% of the total project for the required match funding. SECTION 4. The City Council of the City of North Richland Hills designates Adrien Pekurney, Director of Parks and Recreation 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. Resolution No.2024-014 Page 1 of 3 SECTION 5. The City Council of the City of North Richland Hills agrees that the loss or misuse of TPWD funds or failure to comply with all TPWD award requirements may result in suspension or termination of award funds, the repayment of award funds, and/or other remedies available by law. SECTION 6. That this Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. Resolution No.2024-014 Page 2 of 3 PASSED AND APPROVED on this 26th day of February, 2024. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Cara Leahy White, Interim City Attorney APPROVED AS TO CONTENT: Adrien Pekurney, Director of Parks and Recreation Resolution No.2024-014 Page 3 of 3 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 SUBJECT: Consider Resolution No. 2024-015, authorizing the submission of the application and acceptance of allocated funds if awarded for the Texas A&M Forest Service Community Tree Planting Grant for Iron Horse Boulevard. PRESENTER: Adrien Pekurney, Director of Parks and Recreation SUMMARY: The Texas A&M Forest Service Grant Program, supported by the United States Department of Agriculture Forest Service, seeks to develop sustainable forestry programs that provide communities with healthy trees and forests. Healthy urban forests are essential to a community's economics, environment, and the physical and mental well- being of its citizens. If awarded, the Parks and Recreation Department will utilize the funds for tree planting and irrigation in the future medians of Iron Horse Boulevard, currently under construction. GENERAL DESCRIPTION: The Parks and Recreation Department is seeking authorization to apply for and utilize grant funds, if awarded, offered by the Texas A&M Forest Service to improve the city's urban forest. The tree planting grant is dedicated to supporting initiatives that increase urban tree canopy coverage and promote the many benefits of trees in developed environments. The reimbursable grant can support up to 50% of the project cost with a maximum of$20,000 in grant funding. A future capital infrastructure project for annual tree planting will support the city's contribution at a maximum of $20,000. The annual tree planting project utilizes tree mitigation funds to increase the public tree canopy at city parks, facilities, and rights-of- way. If awarded, the grant will provide for the installation of trees and irrigation within the medians currently being installed on Iron Horse Boulevard. The total grant application is for $20,000 with a 50% match requirement. RECOMMENDATION: Approve Resolution No. 2024-015, authorizing the submission of the application and acceptance of allocated funds if awarded for the Texas A&M Forest Service Community Tree Planting Grant for Iron Horse Boulevard. RESOLUTION NO. 2024-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING SUBMISSION OF THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE Texas A&M Forest Service Community Tree Planting Grant for Ironhorse Boulevard, North Richland Hills Street Tree Canopy Improvements — Iron Horse Boulevard, effective October 1, 2024. WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply and make appointments for the conduct of business relative to the Texas A&M Forest Service Community Tree Planting Grant for Ironhorse Boulevard, North Richland Hills Street Tree Canopy Improvements — Iron Horse Boulevard, effective October 1, 2024; and WHEREAS, The City of North Richland Hills, Texas finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Program to improve the city's urban forest. The tree planting grant is dedicated to supporting initiatives that increase urban tree canopy coverage and promote the many benefits of trees in developed environments. The reimbursable grant can support up to 50% of the project cost with a maximum of$20,000 in grant funding. 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 A&M Forest Service Community Tree Planting Grant for Ironhorse Boulevard, North Richland Hills Street Tree Canopy Improvements — Iron Horse Boulevard. SECTION 3. The City Council of North Richland Hills agrees to provide 50% of the total project for the required match funding. SECTION 4. The City Council of the City of North Richland Hills designates Adrien Pekurney, Director of Parks and Recreation 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. Resolution No.2024-015 Page 1 of 3 SECTION 5. The City Council of the City of North Richland Hills agrees that the loss or misuse of Texas A&M Forest Service funds or failure to comply with all Texas A&M Forest Service Community Tree Planting Grant award requirements may result in suspension or termination of award funds, the repayment of award funds, and/or other remedies available by law. SECTION 6. That this Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. Resolution No.2024-015 Page 2 of 3 PASSED AND APPROVED on this 26th day of February, 2024. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Care Leahy White, Interim City Attorney APPROVED AS TO CONTENT: Adrien Pekurney, Director of Parks and Recreation Resolution No.2024-015 Page 3 of 3 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 SUBJECT: ZC24-0093, Ordinance No. 3841 , Public hearing and consideration of a request from Kim ley-Horn &Associates for a revision to Planned Development 36 at 9101 North Tarrant Parkway, being 24.65 acres described as Lot 1A1, Block 1, Wal-Mart Addition. PRESENTER: Clayton Comstock, Director of Planning SUMMARY: On behalf of Walmart and Wing Aviation, LLC, Kimley-Horn & Associates is requesting a revision to Planned Development 36 to allow a drone "heliport/landing pad" in the Walmart Supercenter parking lot at 9101 North Tarrant Parkway. GENERAL DESCRIPTION: The Walmart Supercenter property is located on the north side of North Tarrant Parkway between Davis Boulevard and Precinct Line Road. The applicant proposes to establish ground operations for drone delivery services in the front parking lot on the property. Wing Aviation, LLC, a subsidiary of Alphabet, Inc., has received approval from the Federal Aviation Administration (FAA) to operate unmanned aerial vehicles (UAVs, or drones) in the Dallas-Fort Worth Metroplex for the purpose of delivering packaged goods to customers. These services have been available through a prior partnership with Walgreens in Frisco and Little Elm since 2022, and operations began at two Walmart locations in Frisco and Lewisville in 2023. The YouTube videos listed below may help familiarize City Council and the public with drone operations and the evolution of the industry thus far. The video links are provided only for background and context of the industry as well as Wing's operational partnership with Walmart. This is not an exhaustive list of video resources available to the general public and any opinions provided in the videos do not represent those of the City of North Richland Hills. o II_rrn_ ir..... ......................!I.1!�.q..... ..calliiyc:.!r......N diroirlea Iiirl Ileass than 30 r�rnl nuteas (1:14) — This video demonstrates the actual improvements required within a Walmart parking lot. o linslide Ilook at Wiiii°� 's aliirciraft: II Now do delllive.ir droii�es vzoirl ? 7.29 g............................................................................................................................................................................................. .......................................................................................................... ( ) o I::: Ilooirrt-e.ir eo,l�, tWii� rrairt [:1roine I::::1aitinerslrliy,,,,, l, ,,r,a,re g,,,,,,,,, ,,,,,,,,, ,,,,,,,,,,,, 0o,,,,,W,a,l,,i,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......................I[... (4.47) o CII [3,Q If:::Zea oirt: Irmo iIIII iirn the II::::;)irornea Il::::;)eallliveait I::::Zacea I[n allrrnairt and ,,,, , ,,,,,,y,,,,,,,,,,,............................,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SII.. I[naN ea airea [::mega liirnq..... r�rn pi ......ii..!r[......:::::)..[rp!roca:....l:::::)e.l„iiveiry (21:13) "K NORTH KICHLAND HILLS Wing Aviation's proposal is to allow a one-year pilot program at this location with operations identical to the "Walmart & Wing deliver by drone in less than 30 minutes" video provided in the previous section. Within that year, city staff plans to craft a permanent set of standards and policies for drone delivery surface operations, including landing pad locations and setbacks from residential properties, permanent versus temporary ground improvements, maximum number of drones/pads, and similar standards. These standards and policies would be limited to what a municipality can regulate, since FAA permits generally regulate airspace operations once a drone is airborne. REQUEST SPECIFIC TO 9101 NORTH TARRANT PARKWAY: The Walmart property at 9101 North Tarrant Parkway is zoned PD (Planned Development 36), which was originally approved in March 2001 and subsequently updated as each of the many pad sites developed. This planned development adopted a base zoning district of C-1 (Commercial). Drone delivery service is not a specifically listed primary or accessory use in the North Richland Hills zoning code, but it is somewhat similar in nature to a "heliport/landing field" in terms of operational characteristics, service demands, occupancy loads, and similar characteristics. The "heliport/landing field" is a use listed on the Table of Permitted Uses (Section 118-61 of the zoning code) and requires approval of a special use permit in the C-1 (Commercial) district. This application is being processed in a similar manner to provide the opportunity to review the suitability of the use and ground operations and improvements at this location. Ground Operations Wing calls their drone launch locations "nests." This nest is proposed in the parking lot area at the southeast corner of the Walmart store, near the existing curbside-delivery parking stalls. The nest would cover about 28 parking spaces (approximately 4,500 square feet) and would be surrounded by a black open-style fence. Even with the loss of 28 parking spaces, the property would still meet the minimum parking standards. Drive aisles in the parking lot will not be blocked by the nest. A generator and temporary storage container would be placed inside the fenced area. The storage container stores the drone aircraft and some of the associated equipment during operational downtimes. An additional part of the public review is outside storage. A storage container would not normally be permitted in the front of a building, and if located to the side or rear of the building it would require to be screened with a masonry fence. Wing is proposing the storage container to be within the fenced nest, but not screened. This same arrangement has been installed at Walmart locations in Frisco and Lewisville. "K NOKTH KICHLAND HILLS i 0 Existing Wing Nest at Lewisville Walmart Supercenter at 801 W. Main Street Noise & Residential Adjacency In the C-1 Commercial zoning district Section 11113 39��t110) stipulates that normal (Commercial) g .......ro..................................................................................................... business activities conducted may not create a sound pressure level on the bounding property line that exceeds 60 decibels (dB) from 7.00 a.m. to 10.00 p.m. Last year, the . ............................................................................................................................................................................................................................................................... Federal Aviation ministration poste the Draft .::::n ir�onment Assessment for m Irt via.tion 1....1...�� pro o ec p� cl� e l.)ell er 0 eration In Dallas-fortm or ti 7...ex . The full report, which can be viewed at the link provided, describes the noise impact of Wing's "Hummingbird" model aircraft. Table 3.6-1 in the report (page 3-20) provides the extent of noise exposure for nest operations for the 60 dB noise level, which is 75 feet. The nearest property line to the nest is over 100 feet away and it is commercially zoned property. The proposed Wing nest location is also approximately 690 feet from the nearest residence, which is located on Precinct Line Road in Colleyville. The nearest North Richland Hills residences are more than 1,400 feet northwest in the High Point Estates and Steeple Ridge neighborhoods. The Development Review Committee does not believe that the proposed ground operations will have any negative impact on residential property. General Operational Characteristics of Wing Drone Delivery Below are topics of general interest from the attached summary provided by Wing Aviation. • The Hummingbird model drone by Wing has a 4.9 � foot wingspan and weighs 11.7 lbs. It can carry packages close to three (3) pounds in weight. • Flight operations occur 9am-5pm, 7 days a week weather permitting. There are no nighttime r � operations. `` • The current model has a six-mile delivery radius. For this NRH Walmart Supercenter, that is generally "K NOKTH KICHLAND HILLS north to SH114, east to SH121, south to Airport Freeway, and west to Denton Highway (US 377). • The drone cruises at 150 feet at about 65 mph. During delivery, it drops to about 20-25 feet and drops the package smoothly down to the surface on a tether. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This category provides sites for community and regional shopping centers, commercial establishments, and employment centers. CURRENT ZONING: Most of the property is zoned PD (Planned Development), with a base zoning district of C-1 (Commercial). This district is intended to permit a variety of retail trade, personal and business services establishments, and offices. SURROUNDING ZONING ( LAND USE: NORTH PD(Planned Development) Retail Commercial Retail shopping center(Target) WEST PD(Planned Development) Retail Commercial Retail and restaurant uses SOUTH PD(Planned Development) Retail Commercial Retail shopping center(Kroger Marketplace) EAST PD(Planned Development) Retail Commercial Retail and restaurant uses PLAT STATUS: The property is platted as Lot 1A1, Block 1, Wal-Mart Addition. PLANNING &ZONING COMMISSION: The Planning &Zoning Commission held a public hearing and considered this item at their February 15, 2023, meeting and recommended 5-0 to approve the request. RECOMMENDATION: Approve Ordinance No. 3841. ....._� i 1 Q ?- ._ _ ......... ... �.._ Ali �..._ ............. 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DISCLAIMER:This product is for informational purposes and may not N have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 200 400 800 1,200 1,600 only the approximate relative location of property boundaries. MFItH PUBLIC HEARING NOTICE NORTH RICH LAND HILLS CASE: ZC24-0093 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a planned development revision as shown on the attached map. APPLICANT Kimley-Horn & Associates LOCATION 9101 North Tarrant Parkway REQUEST Public hearing and consideration of a request from Kimley-Horn & Associates for a revision to Planned Development 36 at 9101 North Tarrant Parkway to add "heliport/landing field" as a permitted accessory use, being 24.65 acres described as Lot 1A1, Block 1, Wal-Mart Addition. DESCRIPTION The PD revision would allow a one-year pilot program for drone delivery of retail goods from Walmart. A landing field of approximately 5,000 square feet in the front parking lot area would be established. Visit wing.com/walmart for videos and additional description of the service. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, February 15, 2024 City Council 7:00 PM Monday, February 26, 2024 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 �+ z...... . . . a ti. uj .. UN u �F�Ju w U. Lu , w r? . , , g" OlrmuWller l _ 'Ir v................. 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Who is 011 ICI W y„ PRIVACY There is no live feed of any imagery to anyone,including pilots overseeing operations.Cameras on Wing provides drone delivery as a faster,safer,and board are low resolution. cleaner way to transport everyday goods.We've built Lightweight,electric aircraft that can deliver food, �r„"'^p ENVIRONMENTAL When a medicine,and household items directly to homes customer orders a box of pasta from in minutes. Wing,they use more energy boiling the water than we use delivering the Since 2012,Wing has safely completed more than product. 350,000 commercial deliveries and thousands of CONGESTION Drone deliveries additional flights in the United States, Europe, "'p can replace some trips to the store, and Australia. meaning fewer vehicles on the roadways and less traffic on local Wing started flying in the Dallas-Fort Worth Metroplex streets. in Frisco in 2022, becoming the first commercial drone delivery service available in a major U.S. metropolitan p SERVICE Customers typically area.Since then,drone delivery has become a regular N receive their orders within 30 minutes part of our partner's customers' lives,and we've of placing their order. expanded our services.We look forward to serving man more communities soon. ECONOMIC Drones can help p g �m y ""'" connect businesses and customers, enabling local shops to expand their footprint for delivery and serve a wider population. How it works r J Hd� W i��rlllllllll 6 0 1[,'ID IE If,'P,If,JID P11..P,If,JC [J.: I J::;II Illi J:;IKS PJ,41D IDIi.:II....:C\(Ii 11,1,Y J. If',tJ.1-S1::: IDIi::11 C:\(Ii I[,''I ID J.:,J f'If,'11E1f1P,If1P,f:1:4`:1l,J IDIi II....:C:\(Ii 11,1,Y f P,IK IE 0lf F 11 OP,IiDli.:ID P,f P,If'If'If1',4`K I..R,J1iD1i lf?30 M.1.1,S ,'10` ..J f lf:::: 65 Pv IP11 11 QUESTIONS ORFEEDBACK? g ��� wrea cr3 s a� F � lPrequentLy Asked Questions . �' How do I sign up? �� �.�� ram,,,, �kPml(�kil(r1rt Visit wing.com/getdeLivery.If your address is eLigibLe for orders today, " INII you're ready to try your first delivery.If not,hang tight and join our email List so we can Let you know when service is avaiLabLe. , rirr�rrri ii arir�iimi nn. r � s~til, lJm)s11fr(�fffffa/1�11 //� ���o �m. �� �W��w � �Hllk� When and where do you operate? iiaii� „_,,,,,,,,, ,,,,,,, Y P We operate 9am-5pm,7 days a week,weather permitting.We operate up to a 6 miLe radius around select WaLmart stores.Visit wing.com/getdeLivery to Learn about our current service area. How do you approach safety? Ming Icy the Numbeirs Safety is our highest priority. We've completed more than 350,000+ commercial deliveries and thousands more test and simulation flights to confirm the safety of our operations.In addition to this,we have muLtipLe Levels of redundancy built into our operations,including real-time 2-047 systems that conduct health and safety checks on our drones,and qualified pilots who oversee operations.To offer this service in the U.S, To date,our fastest delivery is 2 the FAA has rigorously reviewed the safety of Wing's aircraft,personnel minutes and 47 seconds! and operations and aLL operations can only be undertaken with FAA approval.Wing was the first drone operator to be certified as an air carrier by the FAA. 350,000 -f- How do you approach privacy? We've flown over 350,000 commercial Wing strives to be a trusted member of the community,and that incLudes complying with the privacy rights of our customers and orders to our customers. surrounding communities alike.We comply with appLicabLe privacy Laws and regulations as weLL as our own strong privacy policies and practices. 1 st DFW was the first major U.S. Whingspwn metropolitan area with a commercial 4.9ft delivery service,delivered by Wing. r, . Droorm ,weiglht " > 11.71Lbs ij �� t Package ge weiglll°mt: For timely deliveries,our electric �' �t Up to 2.31Lbs aircraft cuts emissions per delivery for°mmiii��iiiorm� Illm��mm Illm by 94/o compared to delivery by car. ° 'i °t. About 150 ft oruiiishing speed About 65 mph QUESTIONS ORFEEDBACK? GO A!) r " /r �'�" / r /' r' DESIGN/CODE SUMMARY .r 'f I,I- �INflBIlIB6IlOnIYIIfl1YMlflIh�IYflYfln�Nh IVYOII�IIIIflI011011011011011fl�11 MNI ;I,r .o. � r,"" rl PTINI1AsiNc STALLS OO27 OF PARKING MA r /� UUPOIN iri ENTITLEMENT SUMMARY'. Teo �A � u�G gJ � °PP DISCLAIMERS Sul �% fAut lf. Yj �flH l'Y')9 r!i ri V ,ir r ® o A�ly�K MN�1 �'�� `"a rioNnarmiierinmm/.!//,%%rlll „,DIA' fY�l h'%�J�// yJJJJI/form VdW�'�I�"ri4 �..I ail �� „/ �Vl n0/oAi rl /Wir NUIll bfi �L TT / g SITE PATATAKLE t���i�d / �PE.RP oo,m G'Io1FRF—..LE—.�PROM� �W DmlNfr r 1,� f. o1FREo PEreM.�PRov1 .. �oN11E �9? �. �� r� i' oNsrR�R ON�MP�.r. ��oor•m PARKING INFORMATION o,.ym. A"PARKIN —ART PARKING 11—PARKING OGPPARKINGSTALLS —PARKING STALLS GRT CORRAL STALLS —ALSTALIS TOTAL Y`■ WALMART BUIUJING INFO REQUIRED REQUIRED WALMART PARKING 3L WALMART BUILOmGSF' SPACES SPACER SPACES" SPACES" SPACES" SPACES" SPACES" SPACES SPACES' NORTH RCHLAND ECISTING 306,9135F 8i85PAM 1.00/00 8285PACESF 00/L— A. gT5 1A6/2505F 0.l3/LOGO SIF T I I I PROPOSED 2.G,9135F 8i8SPAM1.00/00 8285PACESF00/LOOD g15 g50 A3/]50 0.11/LOWSF � HILLS,TX �ARIjMT=MNE_ Sr—FwA��.=.oRFPa����oPRo�F�. Kimley»>Horn ORDINANCE NO. 3841 ZONING CASE ZC24-0093 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY AMENDING PLANNED DEVELOPMENT 36 OF THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF INCORPORATING PREVIOUSLY APPROVED SITE PLANS AND APPROVING A NEW SITE PLAN FOR LOTS 1A1, 1B, 1C, 2R1, 2R2, 3, 4, 5, 6R, AND 7R, BLOCK 1, WAL-MART ADDITION, LOCATED IN THE 9000-9100 BLOCKS OF NORTH TARRANT PARKWAY, INCLUDING ADJACENT PARCELS ON DAVIS BOULEVARD AND PRECINCT LINE ROAD; 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 City Council of the City of North Richland Hills previously approved Planned Development 36; and Ordinance No. 3841 ZC24-0093 Page 1 of 5 WHEREAS, Planned Development 36 requires Planning and Zoning Commission and City Council approval of all site plans for development on the property within the zoning district; and WHEREAS, the City Council previously approved several site plans for the development on the property within the zoning district; and WHEREAS, the City Council desires to consolidate all previously approved site plans into one ordinance; and WHEREAS, the owner of Lot 1A, Block 1, Wal-mart Addition, a portion of Planned Development 36, has requested approval of a site plan for the development of a portion of the property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 15, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 267 2024, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: THAT the Zoning Ordinance of the City of North Richland Hills and Planned Development 36 of the City of North Richland Hills are hereby revised to incorporate all site plans and development regulations found in Ordinance Numbers 2548, 26347 26357 27107 27807 30417 33957 3408, and 3418 for Lots 1A, 1 B, 27 37 47 57 6R, and 7R, Block 1, Wal-Mart Addition in the City of North Richland Hills, Tarrant County, Texas, located in the 9000-9100 blocks of North Tarrant Parkway, including adjacent parcels on Davis Boulevard and Precinct Line Road, into this Ordinance with the site plans for those ordinances attached hereto as Exhibits "A" through "J" and incorporated herein. SECTION 2: The Zoning Ordinance of the City of North Richland Hills and Planned Development 36 of the City of North Richland Hills are hereby revised for Ordinance No. 3841 ZC24-0093 Page 2 of 5 the purpose of approving a revised site plan attached hereto as Exhibit "K," for Lots 1A1, 1 B, 1 C, 2R1, 2R2, 3, 4, 5, 6R, and 7R, Block 1, Wal- Mart Addition in the City of North Richland Hills, Tarrant County, Texas, located in the 9000-9100 blocks of North Tarrant Parkway, including adjacent parcels on Davis Boulevard and Precinct Line Road for the purposes of new construction of a heliport/landing pad for a drone delivery service on Lot 1A. SECTION 3: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance and Planned Development 36 is sufficient to approve the revised site plan attached hereto as Exhibit "K" and incorporated for all purposes. SECTION 4: That the official zoning map of the City of North Richland Hills is amended and the Director of Planning is directed to revise the official zoning map to reflect the approved Planned Development 36, as set forth above. SECTION 5: The use of the Property described above shall be subject to the restrictions, terms and conditions set forth in the Planned Development 36 and the Site Plans attached as Exhibits "A" through "K". Unless otherwise provided in Exhibits "A" through "K" the Property shall be governed by 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. Furthermore, the permitted uses and development regulations originally adopted by Ordinance 2548 for this planned development district shall remain as follows: 1. Permitted Uses A. Retail/Grocery center including garden center, automobile servicing, fuel sales, outdoor display and storage constructed in accordance with the site plan and building elevations attached as Exhibit A. B. Retail, Office, and Commercial Uses permitted in the C-1 (Commercial) zoning district as provided in the table of permitted uses. Prior to the issuance of a building permit for any new development, a site plan for each development shall be submitted to the Planning and Zoning Commission for review and comment and forwarded to the City Council for consideration. 2. Hours of Operation for Home Improvement Center: 24 hours a day, 365 days a year. 3. All exterior lighting shall be limited to a maximum of 400 watt fixtures. Ordinance No. 3841 ZC24-0093 Page 3 of 5 SECTION 6: 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 7: 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 8: 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 9: 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 10: 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 11: 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 12: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance. Ordinance No. 3841 ZC24-0093 Page 4 of 5 SECTION 13: This ordinance shall be in full force and effect immediately following publication as required by Section 12 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 26th day of February, 2024. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Cara Leahy White, Interim City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Director of Planning Ordinance No. 3841 ZC24-0093 Page 5 of 5 Illiii;X11-NIIII'J;11'Il II W111114G AXIIA'1IIION O 1F % 7p „ � ��1 DESIGN I CODE SUMMARY " i�uuuufl��uolnmimumuino111�1�m�o�hsNdNim�m�mOU� �- ��, / o J� " SEMI I . I _ 1 k,vs It I I ",I,I, t., If 144" rru, r r r it , st91�i, y � 15 , �� i ;i�ifwj0 y0J�/ll/i"/lla pNi�Jii///�1?�Jlliii' o� l X' ,b/" l I �lyr ne Df9j� � r rV:- �•� ('fe ,j� ���rrc„ �>t %i � ke dk U ;p%' � w INSET A o ,o #3274 NORTH RICHLAND �4 HILLS,TX "" Kimley»)Horn IIC:XV 1111;I1H A. 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EXIST 4'SANITRRYY SEWERR LINE T A� of /y. bI FVTU OEVELOP ENT ` d N! eBmV /r / NOT IN GONTRAP o m O + SITE DATA SDMMARY TABLE .. ,. / 5 00°PO'00 w 366:4P %F I all-ll- 7 / ]d}'ACGEES EASEMEN a LAN—APING SCHEDULE _ + N L PflAt SroRE ��� ' Gl , �u ybar,m✓wloaccHlaot DIbL0 x0 so. t1 i V V / r / / ewt0 x6 nFc 3S Q95z) o E Ilj ' 4f� � °l •/`/��' '"' •� N900000 W 19200'—.— _ ------- ss s ` " R '"'I/ / / NCW RETAIL bJILDINb a -l$A' aNEHWGK&11LOIN6 O ( F REs nuxual)sP .m' 'wT W* -IW1 Y` i / PARKiNa I¢G[iD.s3 5PAGE n SPACE I�150 SF) I!� IS "aE PER w ' T / / / / PARKINb FRPJb.T�SPADE R ..,,x m.o.n..w,.w:mx _.v a. // / ./ 1 ♦a Y o._ ♦ + + f_ Y ? 1- T, xtivo CRPPFamscARNc Pa n�Ex OR P xt o xfERaP unoscnvxa PRm^D mornPE ai 5C0 SR nt sQaacP rr.Jo) 11 IrI TT IIrTI III,1 IIIr,,,// DESGN L.x�PEaMDDE EDRPACE I.No k y Row' 2a PIT 3o PSF Y LOT 6 � AN j�/ ®®TM�oo `w1aT`a.[ OM"T1 AocITioM ,„ f __ _,_`•w N S��L.I S- DVNER GU GREGG INVESTMENT&CNG ri ®�➢®froGJO / 1 /o WIDN GREGG,III I /j •GB®O�®DO" OD© ®® —_ ___. — 3838 OAK LAWN AVE \ WEST 12112 v DALLA&T%.—9 A / ENGINEER W. p EngNMer n&Inc ww / \.LV t28b E zt Exa uk.Re G, 01SIT PLAN s aicnors-as ,E / \ LAN BGAPIN6 PLAN - hlAK#G� �� I u,,xIHll:NH a .u:)AVIS IRl::lAI I T'axf�aP Agf �r,✓{if aia� JrrY !„,�dr � �A. r 6 �k i ir�d j �rfrr;r ,6 i��a�b ✓ � F✓ 1 � '�l�ka✓ rd r f r rf J a r r r I�y ""qr aX � 1 ` sr ,G f " w �A��l lr lr✓.(rpw r r�Bv w r b1-r �a W b ,. ,. ,' n 4 i; (i ✓ �4w >yl,�a ° k r ±, r, �a'� lF,w'� ru r ._1 � .,, •I—�f t�� f f��7J� �/ly '; � x } II A, 9 / I �4 F ri Rl bt 4� xwur+cs- p hr i � dIG r ra wP e Hsu.!oarrw� O�FRONT ELEVATION ,r r a k " a> CAL9RR E]ONE : � ' I J � 'P71 r e rr� �ilow m� v u i �Ea TYPICAL BRICK F`OTERN ELEVATION ' r a ,` ( n i r ar r P icy ye „ I"H✓ `', a rr n ✓. V - z ^.r 'fig r J�'rJq,r; f f y a � "J� aX��ta �al�"'g�r x fp l,: �:: � � � J rr� �r� ✓'�i v rr,a t� ,✓1 �y fl,r�, lir T7X�, t rX a rD 1 � r r ^' t r it rn�'i b a rIa ✓ 1r rr a✓<.; r,r Iv m ° ra�u �rr� �,x„;k/h�,•,,,',f,�'+"�: l �,r,t �in!�i ��vku r ld �� 7 �r :I r� u N Y � liNrl i F l�a �� i�/r "t,,,n/ �vFl fifrl" ,��y � ,.��,�l�b�� y^�'.?.,�3 if✓�r�^ ��f�r ''� ,a � `'i�'F�i v�yr���l u1 f;. �r� a � ��r��� ra � 9uf� ,,,'',�i t aryl+±y�r�t r ��{{,, �4"` TIQ I� w r ,3^� «,"n,; r~�r�� r 1 t;�Sri rllr r�a��rya��j l">���,��'n� r�jY ir,..,ra{,� �r„1',l;�r ,g�,car r'' ±�,��,r�r✓lJ' iq,r^ir�,.. 1 x1w11NH c 1 U 1 p1 1wN1.R -, ate 9 _.,..�Mgt o pcc[�s yyscuEH�� } i ,22 2fi,. �s 39� 37� ,. 39 ,31,3�y �&J& ,e'7 f,37 38 b6 d�2!'i is 2, LOT 3 � i r• i 725 881 S.F'. 2.98.7 ACRE._. r ff FL TORE LEASE LOT TF FU S,!ES STORM WA R #* i �l DETENTION II J. `F BASIN 1 I I W tic An04s —@� --. O fg PPRO4AL FOR' _ Rtx•gSEO NpFM T RRANP PgkKWAv ~——"'�� ~" "��� Pp—C1 ApNDITIpN (rONTNJED) uxlIll:NlIx u J 1 xuuflu.x + .�. LOT 3 TD FSFR� zs, s.F 2.883 ACRE'..' i FX/5]JN6?RFlS jig TO a FES£R ✓ . ^ .t MmuvUHEWY£rCN loA p o,ac�vrevrn ' JP � YUC' �.�`j�eacMN� \ LEASE LO a uMFen s3,ua : NE<u�rc n�vE',v� ,i aksrxt> F z- 4" 21 11 c 2-H a�-D SFF Bla E ` } $ MON[lM£N 15911, CcJ BV K, i w L n a'cnL a°O.�CD NOFTM nRR Xr PARKIUAY- C L q'CAL "" z_ E OPFn'im; NOTE' ... ._._. _._.. _._-._ _... _....._.-LANDSCAPING�'370£WACX 7N"NORTH TARRANT �- ,( �"�Ivrr/F£NOFrR'rnRFnur wurxwnY` PARKWAY CAN OR MAYBE MONFIEO ADM/NISTRARYELY TO CONFORM WITH FINAL NORTH TARRANT PARKWAY Y 37RECTSCAPE DESIGN-41 K I07Y, LANDSCAPE LEGEND J. all PLANT MATERIAL LIST _ EQUIVALENT LANDSCAPEan/xlmm�c -_ AREA FOR TREES w,nu ,wc wervnn owrre nccnr svguo Acvnnrcs { .t CEDAR ELn7 a Ill- .a o 44 4" it' 13' 4' e B&B/CGNT. SINGLE TRUNK 28800 Sf �`�, "'vvvuuu......P^ G' 7� _ 26,400 S.I._ y-y C. BUR OAELrd 2B 4 I i3' 4 G 2&BB/CONT. SINGLE TRUNK 27400 SF 'l BJR OAK B. CE�Aft i,.. rass'.riio 16_-... .. ..._.... ...— __-_ _ 9600 OF —. 1 K 3 4 12 1a 4 6 E&B/CONT SINGLE TRUNK 2,400 yF p _'7 -io,zoo sE. Y F Ar0 OAK _—_... '\ec q.-.T 04K 3 3/4' 1?' 4 4- &B/CONT. SING LE TRUNK 10,ADO sT, u xuwou,uu C uW 1 01 uwuu.R z � � I I u Y mm l It FRONT ELEVATION RIGHT ELEVATION r s� r o — i, YWON I �an r .e arc T7 BACK ELEVATION LEFT ELEVATION MEN � uuumi � X —v ��Mnifiti Y Am RM1wA ,Jr F'�r! � North Richland Hills,TX it anw M ��� „� 39 os, ,2 xuwuu,uw a ullRll:Cuuw w uRu,,,w ul.. =4 .. .SECONDARY WAL—MART ENT � E RY DRIVE ,� .... 1 ..,. ,.,,:. V1CT�IIi�''dtAkr � �m NA7rtrok'✓t✓�b " SITE ANIS tAND%APE DATA re PR _,_�E"PROPOSED :rron as aow G_ �! ....._....... .......mom',.. _„ u wr v�mx,rna,o,r am unmx warQ s — J. � mn ......._ .. ".; RETAIL �BUILDINGT .....�pr vnllll�mi�++w rxM nr ro mer W n u}me a 1 moo efw g P MNY W..M2���AWti ��Y SM663 M v. .......... LOT rare rvnarmrxdo area. "I 170,34 3 S,F. auwawrrav _ AREA A'w`n"ar villf,A(A FUTURE DEVELOPMENT u,Mau° ranA4°',ri e cu� I Ir eww,ma uavoxur I ,� ' eoMsraucnara, � j A -. MAIN sz N WAL—MART ENTRY DRIVE e,11—Noamw�u ,. _ T ._. �...._. _ :._. u:xuwuu,uIl a uwu a Cuuw Il u u AIll.. — -------------- WON— SECONDARY WAL-MART ENTRY DRIVE WE II i, k I 91 VICINITY MAP .lit wo" PLANTING LEGEND �._ ��u nwxxm :.-wucw �' �s• .._ PROPOSED �wrvPww��;., > °„ • aaaa.ww i m E J11-H] RETAIL _ azua ,r w craw wwna___g„xgawwa, - —_ NIY BUILDING SF rE,w amxc -- i ew D e w P, I I I I IIIII h� SITE AND LANDSCAPE DATA s _--- _.- ., . IF ---- --- aw 'e+da aawM a a ' MI L(7T �' , 170,343 S.F. - 3.911 ACRES .. __. I , erwsnwwnNO��xnxwi'aws xu+aasaeo ro aPac* i cr vmrtu+v sewm a..sN,an.�wMa areawNo uac wav3 wcA na anY.es �\V"./ Y (N i,(,\` MI N 1 -. iwCNUND wp,LS PUBi1C MuaKs�PM1aENf,N9 YqF£€aR "�k6E �Le o,x utoxEo w,xc swra�r sewrx tnaeyfllwt.ai PoMrt tWll,1 — I V I `I vurs wm.ro e[ww+tEw o,nso[of iw[srwrtnav�IfNf. MkINCt tin cw AREA FOR FUTURE DEVELOPMENT f cows ow A ro � -wowwwsai sww KTEPLAN"GM 4ANDSC t,r�Dscara� MAIN WAL-MART ENTRY DRIVE - c� -2 __.. �_� "� :: :XIHll:NH u) u^uRu C11NM uRu D ui.. ------ - - 4 , ................ 5 i s A, I`E I . ... RAW WOO P11111110111911, Nil EL.EV MOR1H�IEVATION r'1 ,-ura mnn awena /�arm _. Sb= zwam �. o• m {5 :. 8 1N®W R Np fuS ry��4gs� PRFA INCT VI AGE n A -w ve[ mnna ab aunt `�u�x;uvm�® Bt39p PIANAMOVAL aub N�ADtAf�YlA'qw. IIpglRmimvat.i �'�u- PI.PNAT1flN8 A3,1 --......._ Z-- xuwuuNN a WOOD OR11 M.a^I..AZA fiG a ^ m u rc�».i vr:. �,.._ wm x --EXISTING PGC.E55 f7KiVt ^,•-�-..— a r n N h . 0 5 a OIL <; z / I ?;k r / wN E .._r j WOODFORE T 4 PLAZA - r �r ,..mio- 5 ti M iL�UNrLOrt .w,w xuwuw,irw a WOOD 01RII S.w.u^i..AZA ` hid ���,'�' ��+�✓��r I � i I �__.� � I � lE r 0 7 5� f / � r 11 Aill, v r s o m f xuwuw,H a OOD 01Rll S.w.u^i..AZA <. .;,,,%;: rrk1 ,/�ININ f�r(1 WM9%CAP%A5M81RVCRWIX ePe9[ICG'lW� l i J��1{j19 a'"...oe. M."u uw ��:`>"" "a�"v° .,. ,b x r % rI �rH� Jar' '(r,�(llYry�' �✓ r' �' -r «ram �.w„ .�� � .w.qn >'• '�. w.,.k=�� W� ,� ��� Y�.. ✓� ����� � ��� 7� C "� "-�r n ww* ii g rdyy^ ✓' �w/f I/^%`rn / % k s g ..a. ...m«w..:G.....�....w.:.«.M 7"'* �., # 1, ''7G"% �L: kkY / r,✓'�yr✓// /r r / ' rJ""' Ts"i o ��'� ix..w�, yuwan,...•.«m+dwn r,,� � r w-m ,� )%ly���fr ,�`�`" rr,r r r i' ""�'W/ r�.,;�r% �Jr/fr { ��/ r� rY/lid wvi6y Yn+rM H h. n•MF�'M 4H' / J- / ,�i + f Mri M^M / 10 J//E1F �/ ��M7W" 6 �1 s fir% i� /✓ �2morer, i� (� ��((�/In/r� ky I �'%r ✓ Il/r r �r�'�J������J�ri /lA �/j//��� rj l I f/i r��� /, i r � �� I r fi f � r! � �i✓ � '�/� l� � ✓ I Y '`� � � rr'r r // //J' rurrrr i'���/rf�f5r�� r'ki/ °✓r ' N i ✓�r Hr r ('r � lr r �� r11✓u/r rf"h�'f� r 11� ���/ /aH r r / r/ !r /yY✓r k rrjr' +�i f 10 �� r i r �' ' 4 ✓ � ,--7d-,� --, r //rr/ir�i j �rkh (,�r// f t M y r i / /�l� /1✓,' �✓jF k �tl ryl Ij r4 r�r YR4 4' / / o-f "r Y Y r f H7J r r AN / ✓✓ 1i a/ a� iBH.,4 r.�r✓d,�imfr o-ir .,F„n�'G�J,r«o /,iro' �G,Jr,cr%.rSl�feD/4 /,li„r?.,/r!,, ,, ,'���e xuwuw,H a WOOD 01Rll S.w.u^i..AZA „ �waa . � woouw wLnza ¢ � 11 '� µ e� aEs>Tz�n�� Mr l-6,O I1fX11fll:Il 11: WACIII MIA ll:;AIINK .o t, 14, t fru i t r = wpoNovla 1 ! 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REAR ELEVATION - LEGEND �� - .sax���.xs�' VR880-PflOf811PE 510. B�BfE/8149 0 wnm�wnau aasw�iors no wx aue nn uwixx um.x w=rtw x.m errcxwn. xg xx .x m x, A5 IlfxIrHlVNH 1 II 1 11:10I 1 0 k.oco o .. . a �.o . . . . . . . . . . . .a, n� VIEEO—PROTOME M. SITE PHOTOMETRIC PLAN I—E.,-I E6.1 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 15, 2024 C.2 ZC24-0093 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KIMLEY-HORN & ASSOCIATES FOR A REVISION TO PLANNED DEVELOPMENT 36 AT 9101 NORTH TARRANT PARKWAY, BEING 24.65 ACRES DESCRIBED AS LOT 1A1, BLOCK 1, WAL-MART ADDITION. APPROVED Chair Welborn recessed the meeting at 8.16 p.m. to allow the audience to exit the chamber. Chair Welborn reconvened the meeting at 8.21 p.m. Chair Welborn stated since they are related requests by the same applicant, items C.2 and C.3 would be presented together, but the Commission would act on each one separately. Chair Welborn introduced the item, opened the public hearings, and called for Director of Planning Clayton Comstock to introduce the requests. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the requests. Ivan Jaime, representing Walmart, 16503 Nacogdoches Road, San Antonio, Texas, introduced the request and the representatives from Kimley-Horn & Associates and Wing Aviation. Lauren Nuffer, Kimley-Horn & Associates, 13455 Noel Road, Dallas, Texas, presented the site plans for the drone delivery locations at the Walmart stores on North Tarrant Parkway and NE Loop 820. Bailey Edwards, Wing Aviation, 3400 Hillview Avenue, Suite 4, Palo Alto, California, presented background information about the company, an overview of their operations in the United States and other countries, and community outreach efforts. Commissioner Goetz and Mr. Edwards discussed the Wing's history of drone February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 1 of 3 delivery, the weight of the drone, and the company's safety record. Commissioner Narayana and Mr. Edwards discussed the number of landing pads and scale of the enclosed site. Commissioner Riscky and Mr. Edwards discussed the number of drones permitted by the FAA and Wing's operation for piloting the drones. Alternate Luppy and Mr. Edwards discussed hours of operation and that Wing operates during daylight hours. Commissioner Riscky and Mr. Edwards discussed whether a person was required to be at the delivery site to receive the delivered package. Chairman Welborn and Mr. Edwards discussed safety features of the drones, effects on wildlife, and interaction with hobby drones. Commissioner Narayana and Mr. Edwards discussed how flight paths are generated for the deliveries. Chairman Welborn and Mr. Edwards discussed possible flight paths over interstate highways. Commissioner Bridges and Mr. Edwards discussed operational issues associated with flight paths of commercial aircraft and how the drones recognize other aircraft through beacons and receivers. Chair Welborn, Commissioner Goetz and Mr. Jaime discussed the power source for the drone landing site, delivery fees, and Walmart's range of customer delivery services. Alternate Luppy, Mr. Jaime, and Mr. Edwards discussed Walmart's growth in drone delivery service in DFW. Commissioner Narayana and Mr. Jaime discussed the location of the drone storage containers onsite and their relationship to on-site pickup areas. Commissioner Goetz, Mr. Jaime, Mr. Edwards, and Ms. Nuffer discussed delivery and insulation of hot and cold products, permanent power sources for the drone site, and fencing and landscaping for the site. Mr. Edwards stated open fencing allows for February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 2 of 3 scaling the site for the number of drones and stability for the drones to respond to wind speeds while taking off and landing. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Chair Welborn called for anyone wishing to speak for or against the request to come forward. Tracy Bennett, 3825 Scruggs Drive, North Richland Hills, Texas, spoke regarding the request. She asked questions about drone delivery operations in neighborhoods. 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 Narayana and Mr. Edwards discussed the typical number of deliveries a drone might make each day. Chair Welborn and Mr. Comstock discussed the location of accessible parking spaces on the properties and that the drone launch sites do not affect those spaces. A MOTION WAS MADE BY ALTERNATE LUPPY, SECONDED BY COMMISSIONER BRIDGES TO APPROVE ZC24-0093, SUBJECT TO A ONE-YEAR PILOT PROGRAM. MOTION TO APPROVE CARRIED 6-0. February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 3 of 3 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 15, 2024 C.3 ZC24-0094 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KIMLEY-HORN & ASSOCIATES FOR A SPECIAL USE PERMIT FOR A HELIPORT/LANDING FIELD AT 6401 NE LOOP 820, BEING 25.09 ACRES DESCRIBED AS LOT 1 R, BLOCK 6, TAPP ADDITION. APPROVED Item C.3 was presented in conjunction with item C.2. A MOTION WAS MADE BY ALTERNATE LUPPY, SECONDED BY COMMISSIONER BRIDGES TO APPROVE ZC24-0094, SUBJECT TO A ONE-YEAR PILOT PROGRAM. MOTION TO APPROVE CARRIED 6-0. February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 1 of 1 ZC24-0093 / ZC24-0094 From: Randall Shiflet To: Planning Subject: Planning&Zoning Hearings this evening regarding"ZC24-0093"and"ZC24-0094 Date: Thursday,February 15,2024 4:18:18 PM Clayton , Thanks for taking the time to discuss these cases with me . since z will be unable to attend the meeting , I 'm requesting that my comments be presented to the Planning & zoning Commission for consideration as they discuss and make a recommendation to City Council . First, z support, 100%, recommending approval for forwarding to the City Council . After reviewing these applications for zoning Change, z visited both locations . while I 'm not certain , it appears that both locations need to address the landscaping regulations . Based on my time on Planning & zoning , I 'm pretty certain both locations don 't meet the minimum landscaping regulations that were in place at the time the zoning was approved . with approval of the drone delivery pads (nests) at these walmart ' s , this is a great time to stipulate that both locations must be brought up to current landscaping requirements , based on City ordinance , and enforced by the City. when the trees bloom in a few months , it should be easy to identify where deficits need to be addressed to meet the requirements . Also, as these are recommended : "subject to a one-year pilot program" , Id like to recommend that if the approvals are extended , that masonry walls be required to the sides and back of the generator and temporary storage container portion of the "nest" . while this is a wonderful and unique addition to our City, allowing a large generator and temporary storage container, not screened , would be a blight on the locations . Thank you for allowing my input and sharing this email with the Commission . This truly an outstanding opportunity for our City and should provide a noticeable increase in sales tax revenues from this new service. sincerely, RanqyShiflel "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 SUBJECT: ZC24-0094, Ordinance No. 3842, Public hearing and consideration of a request from Kimley-Horn & Associates for a special use permit for a heliport/landing field at 6401 NE Loop 820, being 25.09 acres described as Lot 1 R, Block 6, Tapp Addition. PRESENTER: Clayton Comstock, Director of Planning SUMMARY: On behalf of Walmart and Wing Aviation, LLC, Kimley-Horn & Associates is requesting a special use permit for a drone "heliport/landing pad" in the Walmart Supercenter parking lot at 6401 NE Loop 820. GENERAL DESCRIPTION: The Walmart Supercenter property is located on the north side of NE Loop 820 between Rufe Snow Drive and Iron Horse Boulevard, at the northwest corner of Boulder Drive. The applicant proposes to establish ground operations for drone delivery services in the front parking lot on the property. Wing Aviation, LLC, a subsidiary of Alphabet, Inc., has received approval from the Federal Aviation Administration (FAA) to operate unmanned aerial vehicles (UAVs, or drones) in the Dallas-Fort Worth Metroplex for the purpose of delivering packaged goods to customers. These services have been available through a prior partnership with Walgreens in Frisco and Little Elm since 2022, and operations began at two Walmart locations in Frisco and Lewisville in 2023. The YouTube videos listed below may help familiarize the Planning and Zoning Commission and the public with drone operations and the evolution of the industry thus far. The video links are provided only for background and context of the industry as well as Wing's operational partnership with Walmart. This is not an exhaustive list of video resources available to the general public and any opinions provided in the videos do not represent those of the City of North Richland Hills. o allr7riairt & iirl deallli°�eair N diroirlea IIn Ileass than 30 minutes 1.14 — This video ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,g ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................... ( ) demonstrates the actual improvements required within a Walmart parking lot. o linslide Ilook at Wiiin 's alirorafL II Now do delllive.ir droii�es r oirll�"� 7.29 g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ........ ( ) o 1�..11 gii�r: 1,-) Ir:.g.........I.... Il ii g.!g.g.y.::...... ..l ll�all,:�e�"s Wliii� CII:::::0 oii� Walliirrnair� II::::Siroii�e Il:::: air�ii�eirsll�lip (4.47) ,VOL W IMMUMM "K NOKTH KICHLAND HILLS o .G.........i [3C �:::'Ze oirt- WhoMI1I1Min the I )irone I )6iv ir. 1::::Z c WhWa�lriairt and d .... ....................... ................... .....................,............................................................................................................................................:::.............................................::::............................ ......Y... ............. ............ . ..................... Y................................................................................................... (21.13) Wing Aviation's proposal is to allow a one-year pilot program at this location with operations identical to the "Walmart & Wing deliver by drone in less than 30 minutes" video provided in the previous section. Within that year, city staff plans to craft a permanent set of standards and policies for drone delivery surface operations, including landing pad locations and setbacks from residential properties, permanent versus temporary ground improvements, maximum number of drones/pads, and similar standards. These standards and policies would be limited to what a municipality can regulate, since FAA permits generally regulate airspace operations once a drone is airborne. REQUEST SPECIFIC TO 6401 NE LOOP 820: The Walmart property at 6401 NE Loop 820 is zoned C-2 (Commercial). Drone delivery service is not a specifically listed primary or accessory use in the North Richland Hills zoning code, but it is somewhat similar in nature to a "heliport/landing field" in terms of operational characteristics, service demands, occupancy loads, and similar characteristics. The "heliport/landing field" is a use listed on the Table of Permitted Uses (Section 118-61 of the zoning code) and requires approval of a special use permit in the C-2 (Commercial) district. This application is being processed in a similar manner to provide the opportunity to review the suitability of the use and ground operations and improvements at this location. Ground Operations Wing calls their drone launch locations "nests." This nest is proposed in the parking lot area at the southeast corner of the Walmart store, near the existing curbside-delivery parking stalls. The nest would cover about 28 parking spaces (approximately 4,500 square feet) and would be surrounded by a black open-style fence. Even with the loss of 28 parking spaces, the property would still meet the minimum parking standards. Drive aisles in the parking lot will not be blocked by the nest. A generator and temporary storage container would be placed inside the fenced area. The storage container stores the drone aircraft and some of the associated equipment during operational downtimes. An additional part of the public review is outside storage. A storage containerwould not normally be permitted in the front of a building and if located to the side or rear of the building it would be required to be screened with a masonry fence. Wing is proposing the storage container to be within the fenced nest, but not screened. This same arrangement has been installed at Walmart locations in Frisco and Lewisville. "K NOKTH KICHLAND HILLS i 0 Existing Wing Nest at Lewisville Walmart Supercenter at 801 W. Main Street Noise & Residential Adjacency In the C-2 Commercial zoning district Section 11118 395(J1 ) stipulates that normal ro r .............................................................................................................................. business activities conducted may not create a sound pressure level on the bounding property line that exceeds 65 decibels (dB) from 7.00 a.m. to 10.00 p.m. Last year, the . ............................................................................................................................................................................................................................................................... Federal Aviation ministration poste the raft Environmental Assessment for m Irt via.tion 1....L. C Pro o ec��p� cl�� e l)efiver �) erg lion In Dallas-fortm or ti Texas. •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••l •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••, •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••l ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••..............................• The full report, which can be viewed at the link provided, describes the noise impact of Wing's "Hummingbird" model aircraft. Table 3.6-1 in the report (page 3-20) provides the extent of noise exposure for nest operations for the 65 dB noise level, which is 50 feet. The nearest property line to the nest is approximately 50 feet to the east, which is the Boulder Drive right-of-way. Across Boulder Drive is the Home Depot property, also zoned C-2 (Commercial). The Hills at Iron Horse, an apartment community, is the nearest residential property to the proposed nest and is located 920 feet north of the site. The next closest is the Meadow Lakes neighborhood across NE Loop 820, located 1,100 feet away. The Development Review Committee does not believe that the proposed ground operations will have any negative impact on residential property. General Operational Characteristics of Wing Drone Delivery Below are topics of general interest from the attached summary provided by Wing Aviation. • The Hummingbird model drone by Wing has a 4.9 „w foot wingspan and weighs 11.7 pounds. It can carry packages close to three (3) pounds in weight. • Flight operations occur 9am-5pm, 7 days a week weather permitting. There are no nighttime operations. • The current model has a six-mile delivery radius. For this NRH Walmart Supercenter, that is generally �� "K NOKTH KICHLAND HILLS north almost to Keller Parkway (FM 1709), east to Forest Ridge Drive in Bedford, south to 1-30, and west to 1-35W and Blue Mound Road. • The drone cruises at 150 feet at about 65 mph. During delivery, it drops to about 20-25 feet and drops the package smoothly down to the surface on a tether. LAND USE PLAN: This area is designated on the Land Use Plan as Urban Village. This category promotes sustainable, pedestrian-oriented, mixed-use development that provides the opportunity for many uses to coexist within a more compact area. Urban Villages encourage an efficient, compact land use pattern; support vibrant public spaces; reduce the reliance on private automobiles; promote a more functional and attractive community using recognized principles of urban design; allow flexibility in land use; and prescribe a high level of detail in building design and form. Urban Villages can come in the form of vertical mixed use, where multiple uses share a single, multi-story building; or horizontal mixed use, where a diverse set of uses are placed within close, walkable proximity. CURRENT ZONING: Most of the property is zoned C-2 (Commercial). The C-2 district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. SURROUNDING ZONING ( LAND USE: ® ® NORTH R-7-MF(Multifamily) Urban Village Apartment complex(The Hills at Iron Horse) WEST C-2(Commercial) Urban Village Retail store(Sam's Club) SOUTH PD(Planned Development) Retail Commercial Vacant EAST C-2(Commercial) Retail Commercial Retail store(Home Depot) PLAT STATUS: The property is platted as Lot 1 R1, Block 6, Tapp Addition. PLANNING &ZONING COMMISSION: The Planning &Zoning Commission held a public hearing and considered this item at their February 15, 2023, meeting and voted 5-0 to recommend approval of the request. RECOMMENDATION: Approve Ordinance No. 3842. ......... r A, `Z`pQ� e i ¢O ............... i ME 'DOW- i CREST w .... .: / i .......::::: cs � L�N/IS MBS . o. . z i w ILL ... ............. .......................... ....... .............. ill 0 111820 w ...................................................................... DISCLAIMER:This product is for informational purposes and may not N have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 200 400 800 1,200 1,600 only the approximate relative location of property boundaries. ° y m l r f Jp /. ��k, ,. ,;.,,, -„� �f ,� ,:.�rC w �n ,+ , I/ � � �,I�(,✓'"�1 � ///r �:%�J l�P�f rr a; / r' /1( � rr ",` •T "" J I'' y„ 3,- �^!,,, i f%Ir////frf/ /l�i�" rf%r J r r n >j�i%. 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(� it II✓n, ,, .i ,,..a";�r ...,......, _., ,... ✓�, l �G .f 1, ryry dd����Ju y VY"uia '"Yh� id(T�i r i«b,,, ri�ar�:Nrr aim!I � , '�,,,,,�". r,. ...,, �Rl�+ullYmrlirm�// IjYi„ 1 rm uu�ll,,, .,f .,; ✓u ,,, : ! � ,ry ., ,., � r �.T. !, _.NG Ir""ifN,l ,,,,,,.: °fi,,�/. A.,♦,�.flYP,QI r',uu" r��iw�,:., m' ,, � �� u,e„ t d � r�m Ilk Pl" i�rt1 r r m� DISCLAIMER:This product is for informational purposes and may not N have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 200 400 800 1,200 1,600 only the approximate relative location of property boundaries. MFItH PUBLIC HEARING NOTICE NORTH RICH LAND HILLS CASE: ZC24-0094 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Kimley-Horn & Associates LOCATION 6401 NE Loop 820 REQUEST Public hearing and consideration of a request from Kimley-Horn & Associates for a special use permit for a "heliport/landing field" at 6401 NE Loop 820, being 25.09 acres described as Lot 1R, Block 6, Tapp Addition. DESCRIPTION A one-year pilot program for drone delivery of retail goods from Walmart. A landing field of approximately 5,000 square feet in the front parking lot area would be established. Visit wing.com/walmart for videos and additional description of the service. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, February 15, 2024 City Council 7:00 PM Monday, February 26, 2024 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 lei, MEADOW CREST HILLTOP LU J"7777% DICK =77', LEWIS COMBS 00� 06- ui LL .............. 1H 820 10 dtl (t 9&11 11 II A POSSIIBII E DRONE SIM LOCAHONS i......................................... "Af, 1,7T 1„M as i "I Y NO I 10 SON I Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC24-0094 FRONTLINE ASPEN CREEK LP 12400 COIT RD STE 600 DALLAS TX 75251 HD DEVELOPMENT PROPERTIES LP PO BOX 105842 ATLANTA GA 30348 SAM'S REAL ESTATE BUSINESS TR PO BOX 8050 BENTONVILLE AR 72712 SKEETER&BUCKY LP PO BOX 111100 CARROLLTON TX 75011 WAL-MART REAL ESTATE BUS TRUST PO BOX 8050 BENTONVILLE AR 72712 6001// 636�i 6351 6424 6100 6305 ............... BOULDER illllll 6390 6295 0 615 5201 ......................... .............. 0 6245 COMBS ............... ............... 0 6375 6501 6601 6615 6537 6301 ........... 6201 ...................... ............... ............... .................... ............. ............................................................... ............... .......................... LOOP 820 1H 820 DISCLAIMER:This product is for informational purposes and may not N —————-F------1 have been prepared for or be suitable for legal,engineering,or surveying r I I purposes.It does not represent an on-the-ground survey and represents 0 112.5 225 450 675 900 only the approximate relative location of property boundaries. A Feet ZC24-0093 / ZC24-0094 From: Randall Shiflet To: Planning Subject: Planning&Zoning Hearings this evening regarding"ZC24-0093"and"ZC24-0094 Date: Thursday,February 15,2024 4:18:18 PM Clayton , Thanks for taking the time to discuss these cases with me . since z will be unable to attend the meeting , I 'm requesting that my comments be presented to the Planning & zoning Commission for consideration as they discuss and make a recommendation to City Council . First, z support, 100%, recommending approval for forwarding to the City Council . After reviewing these applications for zoning Change, z visited both locations . while I 'm not certain , it appears that both locations need to address the landscaping regulations . Based on my time on Planning & zoning , I 'm pretty certain both locations don 't meet the minimum landscaping regulations that were in place at the time the zoning was approved . with approval of the drone delivery pads (nests) at these walmart ' s , this is a great time to stipulate that both locations must be brought up to current landscaping requirements , based on City ordinance , and enforced by the City. when the trees bloom in a few months , it should be easy to identify where deficits need to be addressed to meet the requirements . Also, as these are recommended : "subject to a one-year pilot program" , Id like to recommend that if the approvals are extended , that masonry walls be required to the sides and back of the generator and temporary storage container portion of the "nest" . while this is a wonderful and unique addition to our City, allowing a large generator and temporary storage container, not screened , would be a blight on the locations . Thank you for allowing my input and sharing this email with the Commission . This truly an outstanding opportunity for our City and should provide a noticeable increase in sales tax revenues from this new service. sincerely, RanqyShiflel f i i i , / i i i i Y�� b in Wing is flying in Texas! Ep r SAFETY Wing has completed over 350,000 commercial deliveries and thousands of additional test flights. Safety is our highest priority. Who is 011 ICI W y„ PRIVACY There is no live feed of any imagery to anyone,including pilots overseeing operations.Cameras on Wing provides drone delivery as a faster,safer,and board are low resolution. cleaner way to transport everyday goods.We've built Lightweight,electric aircraft that can deliver food, �r„"'^p ENVIRONMENTAL When a medicine,and household items directly to homes customer orders a box of pasta from in minutes. Wing,they use more energy boiling the water than we use delivering the Since 2012,Wing has safely completed more than product. 350,000 commercial deliveries and thousands of CONGESTION Drone deliveries additional flights in the United States, Europe, "'p can replace some trips to the store, and Australia. meaning fewer vehicles on the roadways and less traffic on local Wing started flying in the Dallas-Fort Worth Metroplex streets. in Frisco in 2022, becoming the first commercial drone delivery service available in a major U.S. metropolitan p SERVICE Customers typically area.Since then,drone delivery has become a regular N receive their orders within 30 minutes part of our partner's customers' lives,and we've of placing their order. expanded our services.We look forward to serving man more communities soon. ECONOMIC Drones can help p g �m y ""'" connect businesses and customers, enabling local shops to expand their footprint for delivery and serve a wider population. How it works r J Hd� W i��rlllllllll 6 0 1[,'ID IE If,'P,If,JID P11..P,If,JC [J.: I J::;II Illi J:;IKS PJ,41D IDIi.:II....:C\(Ii 11,1,Y J. If',tJ.1-S1::: IDIi::11 C:\(Ii I[,''I ID J.:,J f'If,'11E1f1P,If1P,f:1:4`:1l,J IDIi II....:C:\(Ii 11,1,Y f P,IK IE 0lf F 11 OP,IiDli.:ID P,f P,If'If'If1',4`K I..R,J1iD1i lf?30 M.1.1,S ,'10` ..J f lf:::: 65 Pv IP11 11 QUESTIONS ORFEEDBACK? g ��� wrea cr3 s a� F � lPrequentLy Asked Questions . �' How do I sign up? �� �.�� ram,,,, �kPml(�kil(r1rt Visit wing.com/getdeLivery.If your address is eLigibLe for orders today, " INII you're ready to try your first delivery.If not,hang tight and join our email List so we can Let you know when service is avaiLabLe. , rirr�rrri ii arir�iimi nn. r � s~til, lJm)s11fr(�fffffa/1�11 //� ���o �m. �� �W��w � �Hllk� When and where do you operate? iiaii� „_,,,,,,,,, ,,,,,,, Y P We operate 9am-5pm,7 days a week,weather permitting.We operate up to a 6 miLe radius around select WaLmart stores.Visit wing.com/getdeLivery to Learn about our current service area. How do you approach safety? Ming Icy the Numbeirs Safety is our highest priority. We've completed more than 350,000+ commercial deliveries and thousands more test and simulation flights to confirm the safety of our operations.In addition to this,we have muLtipLe Levels of redundancy built into our operations,including real-time 2-047 systems that conduct health and safety checks on our drones,and qualified pilots who oversee operations.To offer this service in the U.S, To date,our fastest delivery is 2 the FAA has rigorously reviewed the safety of Wing's aircraft,personnel minutes and 47 seconds! and operations and aLL operations can only be undertaken with FAA approval.Wing was the first drone operator to be certified as an air carrier by the FAA. 350,000 -f- How do you approach privacy? We've flown over 350,000 commercial Wing strives to be a trusted member of the community,and that incLudes complying with the privacy rights of our customers and orders to our customers. surrounding communities alike.We comply with appLicabLe privacy Laws and regulations as weLL as our own strong privacy policies and practices. 1 st DFW was the first major U.S. Whingspwn metropolitan area with a commercial 4.9ft delivery service,delivered by Wing. r, . Droorm ,weiglht " > 11.71Lbs ij �� t Package ge weiglll°mt: For timely deliveries,our electric �' �t Up to 2.31Lbs aircraft cuts emissions per delivery for°mmiii��iiiorm� Illm��mm Illm by 94/o compared to delivery by car. ° 'i °t. About 150 ft oruiiishing speed About 65 mph QUESTIONS ORFEEDBACK? ORDINANCE NO. 3842 ZONING CASE ZC24-0094 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 APPROVING A SPECIAL USE PERMIT FOR A HELIPORT/LANDING FIELD FOR A DRONE DELIVERY SERVICE AT 6401 NE LOOP 820; 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 25.09 acres of land located at 6401 NE Loop 820 (the "Property") has filed an application for a special use permit to construct a heliport/landing field; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 15, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 267 2024, with respect to the special use permit described herein; and Ordinance No. 3842 ZC24-0094 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 approving a special use permit to authorize a heliport/landing field for a drone delivery service on Lot 1 R, Block 6, Tapp Addition, commonly referred to as 6401 NE Loop 820, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. SECTION 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the special use permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Special Use Permit Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. SECTION 3: That the official zoning map of the City of North Richland Hills is amended and the Director of Planning is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. SECTION 4: 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 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. SECTION 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which Ordinance No. 3842 ZC24-0094 Page 2 of 4 event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. SECTION 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance. SECTION 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 26th day of February, 2024. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3842 ZC24-0094 Page 3 of 4 ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Cara Leahy White, Interim City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Director of Planning Ordinance No. 3842 ZC24-0094 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3842— Page 1 of 1 Special Use Permit Case ZC24-0094 Lot 1R, Block 6,Tapp Addition 6401 NE Loop 820, North Richland Hills,Texas BEING Lot 1R, Block 6, Tapp Addition, an addition in Tarrant County,Texas, according to the map or plat thereof recorded in Cabinet A, Slide 4852, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3842— Page 1 of 1 Special Use Permit Case ZC24-0094 Lot 1R, Block 6,Tapp Addition 6401 NE Loop 820, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-2 (Commercial). The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted use. A special use permit is authorized for one (1) heliport/landing field for drone delivery services on the property. B. Site development standards.The site development must comply with the standards described below. 1. The size of the landing field must not exceed five thousand (5,000) square feet. 2. The fence around the landing field may be screened by a chain link fence, provided the fence is vinyl-clad or powder-coated in black or dark green. 3. A temporary storage container may be placed inside the fenced area for the storage of drone aircraft and associated equipment. 4. The size of the landing field must not exceed five thousand (5,000) square feet. C. Operational standards. The operation of the drone delivery service development must comply with the standards described below. 1. The drone delivery operations are considered a conditional permit and approval will expire on February 27, 2025.After such time, the property owner may seek approval by City Council to continue the drone delivery service operations. D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit (SUP) shall be processed in the same manner as the original approval.The application for an amendment or revision shall include all land described in the original ordinance that approved the SUP. The city manager or designee may approve minor amendments or revisions to the SUP standards 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. DESIGN/CODE SUMMARY Exhibit C-Special Use Permit Exhibits-Ordinance No.3842-Page 1 of 1 REDUCTION OF PARKING srALLs. / OPTION 1 za srnus EN'rITLE.MEN'r SUMMARY: A I // I LED /r/rr/ / / I111�I �u r , /� �IVIiVII ( � Il�r r. DISCLAIMERS k ll�lmrvfr1�01 r r 6�a, r��/%/% ' I�, i r� k,J D 9J �i TL 00, /L m lhl'L* ✓ 1,/ i''�/' / %�(fl "'Ji'' /✓r�l�l mm , 1 q '; /r rj/ !//,i /% /1 NITTI ITT TATATAR I INSET A 9U«,-w �- o �� s a o o A #807 Y — NORTH RICHLAND A / 11,n o1A A"/T F HILLS TX Kimley,az <9 � a ,oa3 )))Horn 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 15, 2024 C.2 ZC24-0093 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KIMLEY-HORN & ASSOCIATES FOR A REVISION TO PLANNED DEVELOPMENT 36 AT 9101 NORTH TARRANT PARKWAY, BEING 24.65 ACRES DESCRIBED AS LOT 1A1, BLOCK 1, WAL-MART ADDITION. APPROVED Chair Welborn recessed the meeting at 8.16 p.m. to allow the audience to exit the chamber. Chair Welborn reconvened the meeting at 8.21 p.m. Chair Welborn stated since they are related requests by the same applicant, items C.2 and C.3 would be presented together, but the Commission would act on each one separately. Chair Welborn introduced the item, opened the public hearings, and called for Director of Planning Clayton Comstock to introduce the requests. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the requests. Ivan Jaime, representing Walmart, 16503 Nacogdoches Road, San Antonio, Texas, introduced the request and the representatives from Kimley-Horn & Associates and Wing Aviation. Lauren Nuffer, Kimley-Horn & Associates, 13455 Noel Road, Dallas, Texas, presented the site plans for the drone delivery locations at the Walmart stores on North Tarrant Parkway and NE Loop 820. Bailey Edwards, Wing Aviation, 3400 Hillview Avenue, Suite 4, Palo Alto, California, presented background information about the company, an overview of their operations in the United States and other countries, and community outreach efforts. Commissioner Goetz and Mr. Edwards discussed the Wing's history of drone February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 1 of 3 delivery, the weight of the drone, and the company's safety record. Commissioner Narayana and Mr. Edwards discussed the number of landing pads and scale of the enclosed site. Commissioner Riscky and Mr. Edwards discussed the number of drones permitted by the FAA and Wing's operation for piloting the drones. Alternate Luppy and Mr. Edwards discussed hours of operation and that Wing operates during daylight hours. Commissioner Riscky and Mr. Edwards discussed whether a person was required to be at the delivery site to receive the delivered package. Chairman Welborn and Mr. Edwards discussed safety features of the drones, effects on wildlife, and interaction with hobby drones. Commissioner Narayana and Mr. Edwards discussed how flight paths are generated for the deliveries. Chairman Welborn and Mr. Edwards discussed possible flight paths over interstate highways. Commissioner Bridges and Mr. Edwards discussed operational issues associated with flight paths of commercial aircraft and how the drones recognize other aircraft through beacons and receivers. Chair Welborn, Commissioner Goetz and Mr. Jaime discussed the power source for the drone landing site, delivery fees, and Walmart's range of customer delivery services. Alternate Luppy, Mr. Jaime, and Mr. Edwards discussed Walmart's growth in drone delivery service in DFW. Commissioner Narayana and Mr. Jaime discussed the location of the drone storage containers onsite and their relationship to on-site pickup areas. Commissioner Goetz, Mr. Jaime, Mr. Edwards, and Ms. Nuffer discussed delivery and insulation of hot and cold products, permanent power sources for the drone site, and fencing and landscaping for the site. Mr. Edwards stated open fencing allows for February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 2 of 3 scaling the site for the number of drones and stability for the drones to respond to wind speeds while taking off and landing. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Chair Welborn called for anyone wishing to speak for or against the request to come forward. Tracy Bennett, 3825 Scruggs Drive, North Richland Hills, Texas, spoke regarding the request. She asked questions about drone delivery operations in neighborhoods. 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 Narayana and Mr. Edwards discussed the typical number of deliveries a drone might make each day. Chair Welborn and Mr. Comstock discussed the location of accessible parking spaces on the properties and that the drone launch sites do not affect those spaces. A MOTION WAS MADE BY ALTERNATE LUPPY, SECONDED BY COMMISSIONER BRIDGES TO APPROVE ZC24-0093, SUBJECT TO A ONE-YEAR PILOT PROGRAM. MOTION TO APPROVE CARRIED 6-0. February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 3 of 3 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 15, 2024 C.3 ZC24-0094 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KIMLEY-HORN & ASSOCIATES FOR A SPECIAL USE PERMIT FOR A HELIPORT/LANDING FIELD AT 6401 NE LOOP 820, BEING 25.09 ACRES DESCRIBED AS LOT 1 R, BLOCK 6, TAPP ADDITION. APPROVED Item C.3 was presented in conjunction with item C.2. A MOTION WAS MADE BY ALTERNATE LUPPY, SECONDED BY COMMISSIONER BRIDGES TO APPROVE ZC24-0094, SUBJECT TO A ONE-YEAR PILOT PROGRAM. MOTION TO APPROVE CARRIED 6-0. February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 1 of 1 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 SUBJECT: Consider Ordinance 3843; public hearing to consider text revisions and amendments to Chapter 118 - Zoning, Article V, Division 5, as well as Chapter 10 — Amusements and Entertainment of the North Richland Hills Code of Ordinances regarding proposed amendments to combine provisions addressing community and special events, including garage/estate sales. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY: The Neighborhood Services Department recognized the need to place all special event and garage sale ordinance references into one section of the Code of Ordinances to eliminate any misunderstanding of requirements and ensure compliance. Additionally, both private businesses and non-profit organizations have requested variances to the number of events allowed or the duration events may be held. Property owners and estate sale organizers have also requested flexibility regarding the duration and frequency of their sales. Staff has also been asked to clarify estate sale versus garage sale as there is no reference or definition to estate sale in the current Code of Ordinances. GENERAL DESCRIPTION: The Neighborhood Services Department and Legal staff have prepared revisions to Chapter 10, Amusements and Entertainments of the Code of Ordinances. This revision creates a new section specifically related to community events as well as garage/estate sales. As part of this revision, the standards currently included in the zoning ordinance would be moved to the new community events section. The standards in the zoning ordinance would be deleted to avoid conflicts between Chapter 10 and Chapter 118 of the Code. Garage sale revisions include: • combining garage and estate sale to a single definition; • allowing for 2 sales per calendar year and removing the requirement to hold each sale 180 days apart; • increasing the number of days for each sale from 2 to 4; • clarifying that food products or prepared items that would require a food establishment permit may not be sold; IrLp NOKTH KICHLAN HILLS • clarifying that no new merchandise may be sold; • allowing for additional signage with permit number and property owner placement approval; • proving that signs may not be placed within the right-of-way; • fees for garage/estate sales remain unchanged; Special event revisions include: • removing temporary events from Ch 118 (Zoning) and placing them within Ch 10 (Amusements and Entertainment) • increasing number of events from one per year and allowing for each event to be held for a maximum of 14 consecutive calendar days while the total number of events days in a calendar year may not exceed 30; • event organizer must notify other tenants of the event if the event is held within a multi-tenant building; • events shall not operate before 8 a.m. and must cease before 11 p.m. except Saturdays when event must end by 11.59 p.m.; • one employee of the sponsoring business must be on site during event; • non-profit organizations are limited to 8 temporary outdoor events per calendar year per organization including a maximum of 1 circus/carnival; • providing for an appeal to City Council instead of Planning & Zoning Commission; • no limitation of maximum number of events that maybe held if sponsored by a school (public, private or charter) church or civic organization; • establishes a special event permit fee of$150 per event which may be waived for events sponsored by NRH a school (public, private or charter)or civic organization. RECOMMENDATION: Approve Ordinance 3843. 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 15, 2024 CA TR24-01 PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER 118, ARTICLE V, DIVISION 5, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES REGARDING FOR-PROFIT AND NON-PROFIT TEMPORARY EVENTS. APPROVED Chair Welborn introduced the item, opened the public hearing, and called for Director of Planning Clayton Comstock to present the request. Mr. Comstock introduced the request. He discussed the proposed amendment to the zoning ordinance and related amendments to the city code regarding for-profit and non-profit temporary events, garage sales, and special events. Chair Welborn and Mr. Comstock discussed costs for garage sale permits. 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. A MOTION WAS MADE BY ALTERNATE LUPPY, SECONDED BY COMMISSIONER GOETZ TO APPROVE TR24-01. MOTION TO APPROVE CARRIED 6-0. February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 1 of 1 SECTION 106-9:TABLE OF PERMITTED SIGNS Residential Districts Nonresidential Districts Table of Permitted z 0 Signs r O a o + C LL cc .2 N o N m uj co r; 2 u r-1 N u N C7 LL N a� cc cc cc cc cc a� C� O u u O Q C.Temporary Sign 13C GaFage Sale SigR Y 5 L Garage/Estate Sale Sign 10 0 The garage/estate sale permit number must be included on all signs per section 10-5(e)of this code.No additional sign permit is required. SECTION 118-631.TABLE OF PERMITTED USES. SECTION 118-631:TABLE OF PERMITTED USES RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS TOWN CENTER c O T �-1 �-1 N M d' ID W WU AI.L Garage/Estate Sales P P P P P P P P P P P P P NP Temporary 7 P P P P P P P P P P P P NP Commercial Events, or Temporary Non-profit Events (carnival,circus,fund raising event) r-..-..iVal r ORDINANCE NO. 3843 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS_ OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS TO ADD ARTICLE I, MODIFYING AND PROVIDING REGULATIONS FOR THE PERMITTING OF TEMPORARY COMMUNITY EVENTS WITHIN THE CITY; AMENDING APPENDIX A, FEE SCHEDULE, AND AMENDING THE TABLE OF PERMITTED USES; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the citizens of North Richland Hills engage in outdoor events on City-owned property and private property, including festivals, parades, and neighborhood parties; and WHEREAS, it is recognized that events in communities provide a venue for residents to get to fellowship with one another and help build a strong and safe community; and WHEREAS, outdoor events require careful and effective planning and coordination to provide necessary public health, safety and welfare for attendants; and WHEREAS, it is the intent of the City of North Richland Hills to protect visitors and residents while providing an atmosphere and space to engage in community events and activities which allow property and business owners the freedom to utilize the outdoor spaces of their properties; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. Section 2: Section 18-735 of the Code of Ordinances of the City of North Richland Hills is hereby repealed. Section 3: Section 118-723 of the Code of Ordinances of the City of North Richland Hills is hereby repealed. Ordinance No.XXXX Page 1 of 11 Section 4: Subparagraphs (b) and (c) of Section 118-715 of the Code of Ordinances of the City of North Richland Hills are hereby repealed. The remaining subparagraphs are hereby renumbered to reflect subparagraphs (a), (b), and (c). Section 5: Chapter 10, Article 1, of the Code of Ordinances of the City of North Richland Hills is hereby amended to add the following: ARTICLE 1. COMMUNITY EVENTS Sec. 10-1. Definitions When specifically used in this article, the following words and terms, unless the context indicates a different meaning, shall have the meaning assigned to them below. Portable toilet means a freestanding, movable toilet structure equipped with a watertight impervious container which receives waste discharged through a hopper, seat, urinal or similar device, and into which container may be placed disinfecting or deodorizing chemicals, and which is not designed or intended for connection to a sewer system with a standard connection. Public restroom means any facility that provides toilet and hand-washing facilities for the general public. Sec. 10-2. Garage/estate sales. (a) Single residence garage%state sale. In conjunction with the residential occupancy of a one or two family dwelling, the occupants thereof may offer their personal belongings and household effects for sale to the general public in a garage or otherwise on the property; provided, however, that a permit is granted by the city. No more than two sales shall be held within a calendar year, and no sale period shall extend for more than four consecutive calendar days. The occasional sale of a personal automobile, trailer, boat, or similar personal motor vehicle may be allowed without a permit. (b) Neighborhood garage%state sale. A recognized homeowners association or organized neighborhood group as described in this section may conduct two neighborhood garage/estate sales per calendar year, with no sale period extending for more than four consecutive calendar days. If no homeowners' association exists, the applicant must show by name and signature of each homeowner on the application, that six or more homes in a contiguous area will participate in the event. Participation in a neighborhood garage/estate sale will not affect an individual property owner's right to their allowed single residence occasional sales. (c) A garage/estate sale does not grant additional authority to sell food products or prepared items that would require a food establishment permit to sell. Garage/Estate sales shall not be misconstrued to conflict with the exemptions for cottage food production operations authorized in the Texas Health and Safety Code. Ordinance No.XXXX Page 2 of 11 Sec. 10-3. Garage/estate sale requirements. Garage/estate sales are permitted in residential zoned districts, provided that: (a) A permit has been applied for and issued for the garage/estate sale; (b) Tangible personal property shall be sold only on the premises of the owner or lessee of the premises where the sale is conducted; (c) The sale shall be confined to the premises and the tangible personal property displayed for sale shall not be placed within ten feet of the public right-of-way; (d) No new merchandise, or merchandise solely acquired for the purpose of resale, shall be sold at such garage/estate sale; (e) No garage/estate sale shall begin before seven o'clock in the morning, nor continue after seven o'clock in the evening. Sec. 10-4. Permit required. (a) A garage/estate sale permit shall be obtained no less than 24 hours prior to the sale and may only be obtained by the legal owner, lessee, or agent who has been granted permission by the legal owner or lessee of the residential property upon which the sale is proposed to be conducted. (b) The application for such permit shall be on a form designated by the City. (c) The applicant shall pay a fee as authorized in the Fee Schedule, Appendix A, of the Code of Ordinances of the City of North Richland Hills for such permit. (d) Each garage/estate sale permit must be kept and displayed on the premises at all times during the sale, and shall be presented for inspection by any city official or representative upon request. (e) An garage/estate sale permit may not to be transferred to another person or location. Sec. 10-5. Garage/estate sale signs. (a) One temporary sign, not to exceed two square feet in area, shall be permitted to advertise sales on the premises where the sale is being conducted. (b) Two additional temporary signs not to exceed two square feet in area, shall be permitted to advertise sales on premises other than the premises where the sale is being conducted with the permission of the owner or tenant of the premises where the sign is being displayed. (c) Signs may only be displayed on the days the garage/estate sale is permitted and must be removed by the applicant no later than 11:59pm on the final day of the garage/estate sale. Ordinance No.XXXX Page 3 of 11 (d) Signs must be staked into the ground and may not be attached to utility poles or public street sign posts. Signs may not be placed within ten (10) feet of the edge of a roadway, in a median, or in a parkway. (e) The garage/estate sale permit number must be included on all signs. Sec. 10-6. — Temporary commercial events (a) Temporary commercial events on properties zoned LR, C-1, C-2, OC, 1-1, 1-2, and U, by the occupants of such properties, may be permitted upon the application and granting of a temporary commercial event permit by the City Manager or his or her designee. (b) Each temporary commercial event may not exceed fourteen consecutive calendar days. The number of total event days in a calendar year may not exceed thirty. Events containing the sale of goods shall meet the special conditions, if any, imposed by the building official and/or fire marshal for the protection of public safety and the welfare of the community. (c) Tents and bounce houses may be installed as part of a temporary commercial event. Tents shall conform to the latest adopted version of the International Fire Code. No tent shall be erected without first obtaining such permit through the North Richland Hills Fire department. (d) No outside use of property for a temporary commercial event will be allowed except by the existing occupants of the property, and only when the site has been found to contain sufficient room to adequately accommodate the event without encroaching on required parking spaces, fire lines, and building setbacks. This includes parking of vehicles for a purpose other than conducting business on the premises. If the premises is occupied by multiple tenants, written permission must be obtained from the owner of the property. Notice must be given to other tenants on the property. (e) Access to restroom facilities shall be made available to all attendees, including handicap accessible facilities. (1) The owner, operator, and sponsor of the temporary commercial event are responsible for providing proper cleaning, sanitizing and disposal services for the portable toilets. (f) Temporary commercial events shall not operate before 8:00 a.m. and operation shall cease before 11:00 p.m. on all nights except on Saturdays when the event shall cease operation no later than 11:59pm. One employee of the sponsoring business must be on the property while the event is operating. (g) Sec. 10-7. — Temporary non-profit events Ordinance No.XXXX Page 4 of 11 (a) A non-profit organization may hold a maximum of eight (8) temporary outdoor events per calendar year in the City of North Richland Hills. (b) A maximum of one (1) non-profit sponsored circus or carnival containing mechanized attractions shall be counted as one of the eight annual non-profit events afforded to each non-profit organization. A non-profit sponsored circus or carnival containing mechanized attractions may not exceed a duration of three consecutive days. Except for public, private or charter schools and churches or other houses of worship, such events shall be on a site containing not less than two acres and located in a nonresidential zoning district. (c) The sponsor of a non-profit event shall: (1) Ensure that adequate parking is made available for all attendees; (2) Ensure that adequate portable toilets or public restrooms are made available to all attendees, including handicap accessible facilities. and (3) Be responsible for providing proper cleaning, sanitizing and disposal services for the portable toilets. (d) No circus, carnival or non-profit event shall begin operation before 8:00 a.m. and operation shall cease before 11:00 p.m. on all nights except on Saturdays when the event shall cease operation no later than 11:59pm. (e) The City Manager or his or her designee shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the decision of the City Manager or his or her designee, the sponsor may appeal the requested use to the City Council. (f) No outside use of property for temporary outdoor events will be allowed until the city determines that the premises contains sufficient room to adequately and safely accommodate the event without encroaching on required parking spaces, fire lanes, and building setbacks. (g) Any limitation on maximum number of events that may be held under this article shall not apply to events sponsored by a public, private or charter schools and churches or other houses of worship if such events are held on their property. Sec. 10-8 — Permit and application fees. (a) A permit application must be made for all temporary commercial events and temporary non-profit events on a form designated by the city and must be filed with the Neighborhood Services Department not less than 30 days prior to all temporary commercial events and temporary non-profit events. A permit application must contain the following information: (1) The name, address, and telephone number of the owner, operator, and sponsor(s) of the event; Ordinance No.XXXX Page 5 of 11 (2) The exact location Of the property for which the application i3 being made; (3) VV[itt8O p8rDi33iOO from the OwO8[ of the property where the 8v8[d is to be held; (4) The dates and hours of operation of the event, including the set up and be@[ down dates; (5) A site p|@O and list COOt@iOiOg the |OC@dOO of each @0u3808Ot ride, mid-way @tt[@CfiOO, device, booth, COOC833iOO stand, sanitary facilities, power generator, and parking @[8@(3) associated with the event; (0) Temporary commercial events which include @carnival, circus, @Oi0@| rides or @0u3808Ot rides must provide @ certificate of liability iO3u[@OC8 indicating @ valid iO3u[@OC8 policy in the @0OuOt Of not |833 than $1,000,000.00 for liability against injuries 3uff8[8dby@Oyp8[3OOvvhi|8u3iOg@OyOfth8@0u3808Ot [id83 or devices. (7) Upon approval of the application, the applicant shall pay a permit fee authorized in the Fee Schedule of Appendix A of the Code of Ordinances of the City of North Richland Hills before a permit is issued. (b) Fees may be waived for community events co-sponsored by the city or sponsored by the Birdvi||e Independent School District or other local civic organization. Section 6: That Appendix A. Fee Schedule, of the North Richland Hills Code of Ordinances be amended by adopting the schedule of fees for issuing permits for garage/estate sa|es, temporary commercial events, and temporary non-profit events, as established by Chapter 10. Artio|e |. 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. Sectiom7. Section 118-031 Table of Permitted Uses, shall be amended to allow for the permitting of0ara0e/estate sa|es, temporary commercial events, and temporary non-profit events ao set for the attached Exhibit ''B.^ Sectiom8. Section 106-9 Table of Permitted Signs, shall be amended to delete garage sale signs and allow for garage/estate sale signs as set forth in the attached Exhibit "C." Section 9: Any penson, firm, oorporodion, or organization who vio|ates, disobeye, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($5OO.00) for each offense. Each day that aviolation is permitted to exist shall constitute a separate offense. Ordinance No.>000( Page 0of11 Section 10: 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 11: 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 12: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 13: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance once. Section 14: This ordinance shall be in full force and effect upon publication as required by Section 13 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on the day of 12024. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary/Chief Governance Officer Ordinance No.XXXX Page 7 of 11 APPROVED TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Ordinance No.XXXX Page 8 of 11 EXHIBIT "A" THIS ORDINANCE AMENDS APPENDIX A, FEE SCHEDULE, TO ADD FEES FOR CHAPTER 10, ARTICLE I, , COMMUNITY EVENTS, OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS. Location in Code Description Fee Chapter 10, Article 1, Garage/Estate Sales Section 10-2 Garage/estate sales Singe residence $8.00 Neighborhood $30.00 Chapter 10, Article I, Temporary Commercial Events and Temporary Non-Profit Events Section 10-6 and 10-7 Permit fee per event $150.00 Ordinance No.XXXX Page 9 of 11 EXHIBIT "B" Section 118-631, the Table of Permitted Uses, shall be amended to allow for the permitting of garage/estate sales, temporary commercial events, and temporary non-profit events. Ordinance No.XXXX Page 10 of 11 EXHIBIT "C" Section 106-9 Table of Permitted Signs, shall be amended to delete garage sale signs and allow for garage/estate sale signs. Ordinance No.XXXX Page 11 of 11 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 SUBJECT: Authorization to reject bid received for Bid No. 24-008 for the NRH2O Green Extreme Replacement Construction Project. PRESENTER: Adrien Pekurney, Director of Parks and Recreation SUMMARY: This item is to reject the bid received for the construction of the Green Extreme Replacement attraction including site work, structural, mechanical, electrical, plumbing, and associated flatwork within NRH2O Family Water Park. The bid received exceeded the available funding and timeline. GENERAL DESCRIPTION: The approved NRH2O Family Water Park Capital Improvement Program for FY2022- 2023 includes funding for the purchase, replacement, and construction of the Green Extreme attraction. The bid in question is for demolition of the existing Green Extreme apparatus, site work, installation of the new attraction and all ancillary structural, mechanical, electrical, and plumbing work. The new Nitro Blast apparatus itself was purchased directly through ProSlide Technology Inc. with an anticipated delivery date of March 2024. The request for bids was issued on Public Purchase on January 5, 2024, with closing on January 25, 2024. Unfortunately, only one vendor provided a bid. The sole bid was not opened, and a two-week extension was granted with a new deadline of February 8, 2024. Despite staff efforts to generate interest in the project with known contractors, the outcome remained a single bid. When questioned about their lack of interest in the project, multiple contractors indicated that they have too many other projects currently underway. Due to the project timeline, that bid was opened to review proposed construction costs. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's website. Bid specifications were viewed from the Public Purchase website by 11 vendors. One bid was received from a contractor on February 8, 2024. Pricing was provided as follows: Bidder Base Proposal Proposed Timeline The Fain Group $3,902,234 210 Days from Contract Approval IrLp NOKTH KICHLAN HILLS NRH2O Family Water Park is owned and operated by the City. As an enterprise fund, the park is fully supported by the revenues the park generates and receives no funding from city taxes. The total available funding for construction is $1,600,000. Because the bid received exceeds the available funding and construction timeline, it was determined to be in the City's best interest to reject all bids, revise the specifications and re-bid the project. This will also allow more time for construction activities, given the tight timeframe between waterpark operating seasons. RECOMMENDATION: Reject all bids received for Bid No. 24-008 for the NRH2O Green Extreme Replacement Construction Project. Narttt Ftict"iland Hilts RFB 24-008 GREEN EXTREME REPLACEMENT CONSTRUCTION PROJECT 2:OOPM(CST)THURSDAY,JANUARY 25,2024 PUBLIC PURCHASE BID ID:182756 THE FAIN GROUP,INC. Bid Item List No. Description Total Price Total Price Total Price BASE BID I(TAX EXEMPT): Cost of labor,materials and equipment required to construct the Green Extreme Replacement-Construction Project in accordance with the A. listed Bid Documents and Project Scope. $ 3,902,234.00 ADD ALTERNATE BID I(TAX EXEMPT):Cost of labor, materials and equipment required to construct modify the existing concrete tower to convert existing concrete treads and landing to T-1700 decking,in accordance with Structural B. .Drawings. 168,000.00 C JAllowances None I D JAddenda 1 3 Purchasing Manager Buyer Bid Tabulation Statement All bids submitted for the designated project are reflected on this bid tab sheet. However,the listing of a bid on this sheet should not be construed as a comment on the responsiveness of such bid or as any indication that the city accepts such bid as responsive. The city will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws,City of North Richland Hills guidelines,and project documents,including but not limited to the project specifications and contract documents. The City will notify the successful bidder upon award of the contract and,according to law,all bids received will be available for inspection at that time. RFB 24-008 NRH2O Green Extreme Replacement—Construction Project BID FORM Date: —2/8/2024 Bidder: The Fain Group, Inc_ City of North Richland Hills 4301 City Point Drive North Richland Hills,Texas, 76180 Bid#24-008 Bid Documents: l NRH2O SLIDE REPLACEMENT Aquatic Design Demolition, Site, Group Mechanical,Plumbing 2 NRH2O TOWER MODIFICATION The Core Group Structural(Tower) 3 NRH2O SLIDE MODIFICATION The Core Group Slide Structural (Modification to Existing) 4 NRH2O WATER COASTER EXPANSION - ProSlide Slide Structural(New STRUCTURAL Technolo , Inc. Pedestals and Columns) 5 NRH2O WATER COASTER EXPANSION— ProSlide Mechanical, Electrical MEP Technolo y, Inc. 6 NRH2O NITRO BLAST SLIDE City of NRH Grading, Drainage,Paving, REPLACEMENT PROJECT Landscape, Irrigation 7 NRH2O SLIDE REPLACEMENT Yaggi Electrical Engineering,Inc. Project Scope: • Demolition and Removal -The contractor will be responsible for demolishing removing and disposing off site, existing stair structures, catch pool, catch basins, bollards, paving, trees, drainage features, as well as the existing water slide, slide supports, and all associated piping, filtration and pumps as noted on the demolition plans. • Site Grading-The contractor will be responsible for performing all preliminary and final site grading. The final site grading will be performed after work is completed by the slide manufacturer which is ProSlide and is expected to occur in June 2023. • Foundations for tower and slide support columns - The contractor is responsible for all below-grade foundation work associated with supporting the tower and slide support columns. Included is drilling piers where applicable, providing spread footings where applicable, providing all reinforcement and concrete, and placing anchor bolts provided by the slide manufacturer. • Slide support column modifications and bracing - The contractor is also responsible for modifications to existing steel columns as well as the fabrication and installation of bracing anchorage stemming from piers BPI,BP2,BP3,and BP4. • Slide Mechanical-The original catch pool for the existing slide will be demolished as the new slide will utilize a ProSplash "runout" that sits atop a concrete slab. The contractor will be responsible for all of the required slide mechanical, motors,valves,piping, filters,and fittings as shown on the plans. • Landscape and Irrigation-The contractor will be responsible for all irrigation and associated landscape work per the contract documents.This will be performed only after the final grading phase and all other work is essentially complete. • Electrical-The contractor will be responsible for all electrical associated with this project in accordance with the plans and specifications. • Bid Security An electronic picture of the Bid Security must accompany each proposal. The Bid Security shall be a certified check or cashier's check drawn on a State or National Bank of the State of Texas,or a Bid Bond from an acceptable surety company. The Bid Bond shall be executed by a surety company acceptable to and approved by the Owner, and authorized to do business in the State of Texas. The Bid Security shall be in the amount of at least five percent(5%)of the greatest amount bid. The amount of the Bid Security shall be considered liquidated damages for losses which the Owner will sustain by failure,neglect or refusal of the bidder to execute and deliver the Contract and required Surety Bonds to the Owner as required. These liquidated damages are not considered to be a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, since it is impractical and extremely difficult to fix actual damages resulting from the failure, neglect or refusal of the bidder to execute and deliver the Contract and required Surety Bonds. If the bidder defaults in executing the Contract within then (I 0) days after written notification from the Owner of the award of the Contract to him, or in furnishing required Surety Bonds after notification of the Owner's intent to award the Contract to him, then the Bid Security shall be forfeited to the Owner. • Exclusions o ProSlide Technology Inc. will supply and install all fiberglass waterslides and steel columns not noted to be modified or installed in the slide foundation plans. o ProSlide Technology Inc. will supply and install all above-grade support systems for the waterslides and service platforms. o ProSlide Technology Inc. will supply all anchor bolts for pier connections to start towers, to be installed by the contractor. o ProSlide Technology Inc.will supply CCTV hardware such as cameras,network video recorder,monitors,connectors and crimping tools(to be installed by contractor). o ProSlide Technology Inc. will provide installation advisory service for the project when requested and will certify the slides prior to use by the general public. The undersigned, understands that his Bid Form is a Competitive Bid and that the selection of the Contractor will be based on the best value to the City. Also,having examined the Bid Documents, comprising the Project Manual,Drawings and Specifications,being sufficiently familiar with the site of the proposed Work,and being familiar with the conditions of this Contract, hereby proposes to furnish all labor, materials,equipment and services, in accordance with all Contract Documents,necessary to complete the project: Bid#24-008 NRH20 Green Extreme Replacement—Construction Project North Richland Hills,Texas A. BASE BID I(TAX EXEMPT): Cost of labor,materials and equipment required to construct the Green Extreme Replacement-Construction Project in accordance with the listed Bid Documents and Project Scope. !!{ ( I�.bl� tnr�C JC� l�z✓ `[ "IIS�r" r kv � DOLLARS NOTE: Bid amounts shall be shown in words and numbers. In case of ambiguity or conflict,the amount shown in words shall prevail. B. ADD ALTERNATE BID I(TAX EXEMPT): Cost of labor, materials and equipment required to construct modify the existing concrete tower to convert existing concrete treads and landing to T-1700 decking,in accordance with Structural Dra rags. Zt DOLLARS NOTE: Bid amounts shall be shown in words and numbers. In case of ambiguity or conflict, the amount shown in words shall prevail. C. ALLOWANCES: NONE required for this project. D. ADDENDA: Bidder acknowledges receipt of Addenda as follows: No. 01 Date ()1/l q/2,4 No. 02 Date No_ 03 Date E. SUBCONTRACTORS: The undersigned Bidder has predicated his bid costs on and plans to use the following subcontractors: Note: Owner must approve a change in subcontractors prior to contract execution. Demolition: Foundations! Sun-Belt Pools Steel Modifications/Welding: (, cJ S L Tower Modifications: Vlit_� (-t1$'To Electrical: Bean Electric, Inc. Landscape/Irrigation: r Other: Sun-Belt Pools F. REFERENCES (Minimum of 3): Project Name: Safari Splash Aquatic Play Area Name of Owner's Organization Fort Worth Zoo Description: 14,000 s uare-foots lash area. Zero-depth water play area equipRed with four slides, a water �mp wer, a i wai lor e water Toys anima-s ape water co ate er play area.�ompany s Responsiiities:Completion Date: May 2015 Project Owner Contact Name, Phone and e-mail (must be current): Fort Worth Zoo, Contact: Leah Gilbert, PH: (817) 566-9226 Email: Igilbert@tpgfw.com Contract Amount: $1,530,152.64 Superintendent: Charlie Porter Project Name: Central Aquatic Center Improvements Name of Owner's Organization City of Hurst De ri tion: Complete and in place demolition, site preparation, grading, paving, fencing, pools. andsc#e 'tures, , & irrigation. Company's Responsibilities: Completion Date: March 2017 Project Owner Contact Name, Phone and e-mail(must be current): City of Hurst, Contact: Eric Starnes, Ph: (817) 788-7218 Email: estarnes@hursttx.gov Contract Amount: $3,727,086.13 Superintendent: Johnny Burrell Project Name: Dallas Aquatic Center Phase 11 Name of Owner's Organization City of Dallas Description: Childrens play pool with multi-level play unit, sprays, and slides. Body flume slides with plunge pool, eight lane lap pool, lazy river, and shade structures. bathhouse an concessionsstand. Company's Responsibilities: Completion Date: February 2019 Project Owner Contact Name, Phone and e-mail (must be current): City of Dallas, Contact, David Mills, Ph: (214) 670-1805 Email: david.mills@dallascityhall.com Contract Amount: $14,776,735.00 — Superintendent: George Higgins Project Name: Bachman Aquatic Center Name of Owner's Organization City of Dallas Description: -One (1) completion lap pool, lazy river and one splash pad. Site work consist of new restroom, concession building, and filtration building. Company's Responsibilities: Completion Date: February 2021 Project Owner Contact Name, Phone and e-mail (must be current): City of Dallas, Contact: David Mills, PH: 9214) 670-1805 Email: david.mills@dallascityhall.com Contract Amount-. 7,158,650.00 Superintendent: Jonathan Aguilar Project Name: Dallas Aquatic Centers Phase I Name of Owner's Organization City of Dallas Description:Childrens play pool with multi-level play unit, sprays and slides. Body flume slides with plunge pool, eightlane lap pool, lazy river, and shade structures. a ouse and FncessiQnkstand_ en's locker rooms and two family restrooms. ompany s esponsibI Itres: Completion Date: August 2019 Project Owner Contact Name, Phone and e-mail (must be current): City of Dallas, Contact: David Mills, Ph: (214) 670-1805 Email: david.mills@dallascityhall.com Contract Amount: $20,562,297.00 Superintendent: George Higgins G. UNIT PRICE PROPOSAL: None H. PROJECT COMPLETION: The above specified proiect shall be completed within consecutive calendar days from date of Notice to Proceed, including overtime on weekends, noting allowance for inclement weather and provisions for liquidated damages as provided for in Supplementary Conditions.The undersigned Bidder agrees to pay liquidated damages in the amount of$1,000 per day to Owner for each calendar day of delay until work is substantially completed. This sum is not to be construed in any sense as a penalty. I. INSURANCE AND BONDS: If the undersigned Bidder is notified within sixty(60)days after Bid opening of the acceptance of this Bid and a contract to be awarded, he agrees to provide within ten(10) calendar days after date of Contract award a current certificate of insurance certifying the required insurance coverage(see attachment `A' for additional requirements). In addition,Bidder agrees to execute the contract for the above mentioned compensations on the standard forms referenced in the Bidding Documents, and if required, further agrees to execute a surety bond for the above work. J. TAXES: The City of North Richland Hills is a tax-exempt entity.Bid amounts as stated above do not include any sales taxes and any other taxes for all labor,materials and appliances. The Fain Group, Inc. Firm le gnat re O fficer—Title Larry Frazier,President 2500 Great Southwest Pkwy. *Seal Street Address (If Bidder is a Corporation) Fort Worth, TX 76106 City State Zip ( 817 927 - 4388 (Area Code) Telephone Number BID GUARANTY IF BID SUBMISSION BY MAIL Enclosed with this bid is a Certified Check or Bid Bond for: TO C'tV6 Dollars (S ) Which is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned fails to execute the Contract and submit the required Bonds with to the said Owner within ten(10) days after the date said Bid is accepted, otherwise said check or bond shall be returned to the undersigned upon demand. BID GUARANTY IF BID SUBMISSON ELECTRONICALLY Enclosed with this bid is a picture of the Certified Check or Bid Bond for: �p � Dollars ($ ) The successful bidder will be required to submit the bid bond by mail within 5 days of being notified of the success and probable award. The Fain Group, Inc. * Seal Contractor(Firm Name) Br F ier Title President 2500 Great Southwest Pkwy. Address Fort Worth, TX 76106 City, State,ZIP 817-927-4388 Frazier@Faingp.com Phone e-mail address *If bidder is a corporation MRH C7&TH KIC"HLr'.ND HILL COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 SUBJECT: Consider Resolution No. 2024-016, authorizing submission of a regional grant application and acceptance of allocated funds if awarded for the FY 2023 Assistance to Firefighters Grant (AFG) Program —Vehicle Acquisition in the amount of up to $1,000,000 with the match being up to $100,000 and authorize the execution of the associated terms and conditions. PRESENTER: Stan Tinney, Fire Chief SUMMARY: The North Richland Hills Fire Department (NRHFD) has coordinated the regional grant application for the FY2023 Assistance to Firefighters Grant (AFG) to apply for a mobile command vehicle. The AFG exists to fund critically needed resources to equip and train emergency personnel, enhance efficiencies, and support community resilience. GENERAL DESCRIPTION: The Northeast Fire Department Association (NEFDA) is comprised of fourteen jurisdictions in Northeast Tarrant and Southern Denton counties. The cities in NEFDA are North Richland Hills, Richland Hills, Haltom City, Hurst, Grapevine, Southlake, Colleyville, Keller, Watauga, Bedford, Euless, Roanoke, Westlake, and Trophy Club. This grant is for a regional NEFDA command post vehicle. NRHFD currently has a command post vehicle that is 34 years old. Due to the age of and current issues with the vehicle, NRHFD is pursuing a replacement command post vehicle that will be a regional asset to NEFDA cities. NRHFD will take on the administrator role of the grant if awarded. The application will request up to $1,000,000 in funding. If awarded, the AFG requires a local match of 10%. The match for the NEFDA participating cites is up to $100,000. This cost will be covered through the NEFDA dues paid by each member city. RECOMMENDATION: Approve Resolution No. 2024-016. RESOLUTION NO. 2024-016 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 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) PROGRAM WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the FY23 Assistance to Firefighters Grant (AFG) Program to apply for a command vehicle; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills to acquire this command vehicle to ensure efficient and effective response to large-scale emergencies 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 FY23 Assistance to Firefighters Grant (AFG) Program in the amount of up to $1,000,000 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, and authorize execution of the associated terms and conditions. SECTION 4. The City Council of North Richland Hills agrees that in the event of loss or misuse of AFG funds or failure to comply with all AFG 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 26th day of February, 2024. Resolution No. 2024-016 Page 1 of 2 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Cara Leahy White, Interim City Attorney APPROVED AS TO CONTENT: Stan Tinney, Fire Chief Resolution No. 2024-016 Page 2 of 2 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 26, 2024 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: New York Times best selling author C.J. Box returns to the NRH Library this Tuesday, Feb. 27, to celebrate the release of his new book, Three-Inch Teeth. This free event will begin at 1 p.m. on the 2nd floor of the Library. Please visit the library website for more details. Join NRH Parks & Recreation the first Saturday of the month at different park locations for Play Today NRH. On Saturday, March 2 they will be at Northfield Park with games and activities from 10 to 11.30 a.m. All ages and abilities are welcome. Early voting for the March 5 Democratic and Republican Primaries continues through March 1. Area polling locations include City Point United Methodist Church, the former Bursey Road Senior Center and Tarrant County Northeast Courthouse. Visit the Tarrant County Elections website to access your sample ballot, voting hours and more information. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Drew Weinberg, Kent Spencer, Todd Mayes, Casey Kirkpatrick and Brandon Moore in the Fire Department — A resident shared a note of appreciation for the crew that responded when she had a medical emergency. "All were kind, patient, and at the same time professional. I realize it's their job, but they made something serious less scary and were right beside me from the time they arrived at my house to when they took me to the ER. Thank you."