Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC 2024-04-08 Agendas
t4RH NOKTH RICH�AND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, APRIL 8, 2024 WORK SESSION: 6:00 PM Held in the Council Workroom CALL TO ORDER 1 Discuss items from regular City Council meeting.., 2. Presentation and discussion regarding amendments to Chapter 110 (Subdivision Regulations). 3. Discuss requirement of House Bill 3, passed during the 88th Legislative S requiring armed security officer for each district 4. Discuss amending the Council Rules of Procedure to allow voting on Future Agenda Items in the Work Session. 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. Monday, April 8, 2024 City Council Agenda Page 1 of 4 EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.07Deliberate the purchase, exchange, lease or value o real property - 8001 Main Street, 8005 Main Street and 6816, 680, 684 and 688 Mickev Street. 2. Section 551.087: Deliberation regarding Economic Development negotiations - 6701 Davis Boulevard, 8005 Main Street and 8029 Main Street. 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 WRIGHT OUJESKY A.2 PLEDGE - COUNCIL MEMBER WRIGHT OUJESKY A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Ceremonial Oath of Office - City Manager Paulette Hartman 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 Form must be completed and presented to the City Secretary prior to the start of the City Council meeting. Monday, April 8, 2024 City Council Agenda Page 2 of 4 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 Form 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 March 25, 04 City Council meeting. B.2 PLAT4-0061 Consideration of a request from Herbert S. Beasle� Land Surveyors LP for an amended pint of Lot 5 A1, Block 3, Industrial Park Addition, being 3.483 acres located at 6401 Wuliger Wad. C. PUBLIC HEARINGS C.1 C4-0096, Ordinance No. 3846, Public hearing and consideration of a request fro Blue Mound Cafe for a special use permit to allow a deviation from the luminous tube lighting standards at 6455 illtop rierf, being 2.13 acres described as Lot lock 3, Tapp Addition. WITHDRAWN BY THE PROPERTY OWN D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS F.1 Authorize the Cltje Manager to execute a contract with Garrett emolition Inc. for the demolition of the Green Extreme attraction at NRH20 Family Waterpark, in accordance with RFB 24-011, in the amount o 86,7aa. F.2 Approve voting and alternate members to the Fort Worth Wholesale Customer Aisory Committee for the October 1 2a3 to the September 30, 2024 period. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Monday, April 8, 2024 City Council Agenda Page 3 of 4 H. INFORMATION AND REPORTS - COUNCIL MEMBER RODRIGUEZ H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, April 5, 2024 by 3:00 PM. Alicia Richardson City Secretary/Chief Governance Officer This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, April 8, 2024 City Council Agenda Page 4 of 4 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 2024 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Paulette Hartman, 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. "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 2024 SUBJECT: Presentation and discussion regarding amendments to Chapter 110 of the City Code (Subdivision Regulations). PRESENTER: Clayton Comstock, Managing Director of Development Services SUMMARY: The current version of the North Richland Hills subdivision regulations was adopted in May 1994 (Ordinance 1982). The ordinance has been amended several times since its adoption. The amendments included a range of changes, from minor procedural updates to the addition of rough proportionality standards and impact fee requirements. Also, during that time numerous revisions were made to state statutes that regulate subdivision platting and land development. Substantial revisions to how cities can process plats were made in 2019 and 2023. These changes have resulted in inconsistencies between the city subdivision regulations and state law requirements. In May 2023 a North Richland Hills charter election proposition was approved by voters. This proposition, which passed with 78.8% voter approval, authorizes the Planning and Zoning Commission and City Council to delegate the approval of plats in accordance with state law. This option is provided by Chapter 212 of the Texas Local Government Code that would streamline plat approvals. Currently, all plats regardless of type, size, or complexity require City Council approval. As a result of this election, City Council approved Resolution 2023-044 on May 17, 2023. This resolution approved the initiation of the amendment process to review and amend the subdivision regulations. Following that approval, several work sessions were conducted with Planning and Zoning Commission and City Council to present information about the current regulations and the practices of other cities, and to review and seek feedback on topics such as the delegation and assignment of plat approvals. Staff also conducted a virtual meeting with developers, engineers, and surveyors in August 2023 to receive industry input about the regulations. A staff working group reviewed the subdivision regulations and noted proposed revisions to the plat approval process and other needed updates. This working group included staff from planning, engineering, and the city attorney's office. A complete public review draft of the proposed revisions to the subdivision regulations is attached for the City Council's review and discussion. This revision would replace the current regulations in their entirety. While most of the regulations and standards remain the same, the topics listed below are the key updates in the proposed revisions. "K NOKTH KICHLAND HILLS o Delegation of plat approval. As provided by state laws, the delegation of approval for plats is modified. Preliminary plats would require approval by the Planning and Zoning Commission and City Council. Final plats would require approval only by the Planning and Zoning Commission. All minor plats, replats, and amending plats could be approved by staff. o Addition of a minor plat process. A streamlined process is added for minor plats. This process would apply to plats where land is proposed to be subdivided into four or fewer lots, fronts on an existing street, and does not require the creation of any new street or extension of municipal facilities. o Organization of the regulations. Throughout the document, many sections of the regulations are modified for improved organization and readability. This includes consolidating and reorganizing sections related to subdivision plat types, definitions, and general platting procedures. Clear and concise language is used throughout the document. At the work session, staff will provide an overview of the proposed draft document. To aid in this discussion, the following documents are linked to their respective webpages for reference. Also see w. w wl2irlr],t xgourn„/, ,0 2 4, ,u„N , ,ii ii, ,ii, ,l2.,for additional information presented to the public. o f 1ubIllic review drraft of Clr�a �eair '11'11 ��u��dlivislion If:Ze:a ullaflions . This document is the p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,........,............................ proposed version of the subdivision regulations and will be further revised based on comments from the Planning & Zoning Commission and the public. o I airllke:ad a (:...)raft of Curia tear 11 "redllllned"" version . This version demonstrates ....................................................................... many of the proposed changes in redlined format. o Ch Le:air I '11 Subdliv1slioirl If�e::aqu�„Il lions). This document is the current version of the North Richland Hills subdivision regulations from the Code of Ordinances. o C.Ir a �e:air 211 "IF x a s II......ocall Cove:airir m(-.-.,mt Codea. This chapter of the Texas Local Government Code outlines the state laws regarding municipal regulation of subdivisions and property development. This chapter includes procedures for the review and approval of subdivision plats, including delegation of approval responsibility. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 2024 SUBJECT: Discuss requirement of House Bill 3, passed during the 88th Legislative Session, requiring school districts to provide armed security at each school district campus. PRESENTER: Jeff Garner, Assistant Police Chief SUMMARY: Discuss requirements of House Bill 3, passed during the 88th Legislative Session, requiring school districts to provide armed security at each school district campus. GENERAL DESCRIPTION: Staff will present information on House Bill 3 and the requirements it placed upon school districts in Texas to provide armed security at each campus. City management and police command staff have had some discussions with Birdville ISD Superintendent and her leadership team related to options for the school district to explore in meeting the new requirements including possible city participation in staffing and funding. The purpose of this item is to provide a high level overview of the potential options discussed thus far, and receive feedback from the City Council on how to proceed with some areas of the discussion. 2023 Bill Text 7X H.B. Enacted, June 14, 2023 Reporter 2023 Bill Text TX H.B. 3 Notice Added: Text highlighted in green Deleted: :_: �:t.....w.i:t.4 trlke.thro.u.g-y. THE STATE OF TEXAS BILL TEXT> TEXAS 88TH LEGISLATURE > HOUSE BILL 3 Progress ENACTED t.egit Iative Outlook in detail... Introduced Passed 1st Passed 1st Passed 2nd Passed 2nd Enacted Committee Chamber Committee Chamber Synopsis AN ACT relating to measures for ensuring public school safety, including the development and implementation of purchases relating to and funding for public school safety and security requirements and the provision of safety-related resources. Text BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section /f 28" ), Education Code,e, Mende to read as follows: (a) Except as provided by Section 21.006(k), 22.093(I), 22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 37.1084, 38.003, or 39.003, the agency may monitor compliance with requirements applicable to a process or program provided by a school district, campus, program, or Page 2 of 26 2023 Bill Text TX H.B. 3 school granted charters under Chapter 12, including the process described by Subchapter F, Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to ensure: (1) compliance with federal law and regulations; (2) financial accountability, including compliance with grant requirements; (3) data integrity for purposes of: (A) the Public Education Information Management System (PEIMS); and (B) accountability under Chapters 39 and 39A; and (4) qualification for funding under Chapter 48. SECTION 2. Sections Education Code, gird,to read as follows: (b) The commissioner shall adopt or amend rules as necessary to ensure that FACILITIES bu44ng standards for NEW AND EXISTING instructional facilities and other school district and open- enrollment charter school facilities , INCLUDING CONSTRUCTION QUALITY, PERFORMANCE, OPERATIONAL, AND OTHER STANDARDS RELATED TO THE SAFETY AND SECURITY OF SCHOOL FACILITIES, provide a secure and safe environment. In adopting or amending rules under this section, the commissioner shall include the use of best practices for: (1) the design and construction of new facilities; and (2) the improvement, renovation, and retrofitting of existing facilities. (c) Not later than September 1 of each even-numbered year, the commissioner shall review all rules adopted or amended under this section and amend the rules as necessary to ensure that FACILITIES 1: 41dinq— standards for school district and open-enrollment charter school facilities continue to provide a secure and safe environment. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE TEXAS SCHOOL SAFETY CENTER, IDENTIFY AND ADOPT ANY CHANGES RECOMMENDED UNDER SECTION 37.221. SECTION 3. Subchapter B, Chapter 8, Education Code, is, amended y 064, to read as follows: SEC. 8.064. SCHOOL SAFETY SUPPORT. (A) A REGIONAL EDUCATION SERVICE CENTER SHALL ACT AS A SCHOOL SAFETY RESOURCE, USING MATERIALS AND RESOURCES DEVELOPED BY THE TEXAS SCHOOL SAFETY CENTER OR THE AGENCY IN ACCORDANCE WITH CHAPTER 37, FOR SCHOOL DISTRICTS AND OPEN-ENROLLMENT CHARTER SCHOOLS IN THE REGION SERVED BY THE CENTER. THE CENTER MAY ASSIST A SCHOOL DISTRICT OR OPEN- ENROLLMENT CHARTER SCHOOL DIRECTLY OR IN COLLABORATION WITH THE TEXAS SCHOOL SAFETY CENTER AND LOCAL LAW ENFORCEMENT AGENCIES, AS APPLICABLE: (1) Page 3 of 26 2023 Bill Text TX H.B. 3 IN DEVELOPING AND IMPLEMENTING A MULTIHAZARD EMERGENCY OPERATIONS PLAN UNDER SECTION 37.108; (2) IN ESTABLISHING A SCHOOL SAFETY AND SECURITY COMMITTEE UNDER SECTION 37.109; (3) IN CONDUCTING EMERGENCY SCHOOL DRILLS AND EXERCISES; (4) IN ADDRESSING DEFICIENCIES IN CAMPUS SECURITY IDENTIFIED BY A SCHOOL SAFETY REVIEW TEAM UNDER SECTION 37.1084; AND (5) BY PROVIDING GUIDANCE ON ANY OTHER MATTER RELATING TO SCHOOL SAFETY AND SECURITY. (B) A REGIONAL EDUCATION SERVICE CENTER: (1) SHALL PROVIDE ASSISTANCE AS NECESSARY TO THE REGION'S SCHOOL SAFETY REVIEW TEAM ESTABLISHED UNDER SECTION 37.1084; AND (2) MAY PROVIDE ASSISTANCE AS NECESSARY TO SCHOOL DISTRICTS AND OPEN- ENROLLMENT CHARTER SCHOOLS IN THE REGION SERVED BY THE CENTER THROUGH THE DIRECT PROVISION OF POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS TO A STUDENT ENROLLED IN ONE OF THOSE DISTRICTS OR SCHOOLS TO MITIGATE OR PREVENT FUTURE HARMFUL, THREATENING, OR VIOLENT BEHAVIOR BY THE STUDENT. Education Code, gird, by Chapters 542 (S.B. 168), 887 (S.B. 1697), SECTION 4. Section ��" �.fl� �� C �a��-�.... �-�$....�-����r�� 915 (H.B. 3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular Session, 2021, is reenacted and amended to read as follows: (b) An open-enrollment charter school is subject to: (1) a provision of this title establishing a criminal offense; (2) the provisions in Chapter 554, Government Code; and (3) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to: (A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner; (B) criminal history records under Subchapter C, Chapter 22; Page 4 of 26 2023 Bill Text TX H.B. 3 (C) reading instruments and accelerated reading instruction programs under Section 28.006; (D) accelerated instruction under Section 28.0211; (E) high school graduation requirements under Section 28.025; (F) special education programs under Subchapter A, Chapter 29; (G) bilingual education under Subchapter B, Chapter 29; (H) prekindergarten programs under Subchapter E or E-1, Chapter 29, except class size limits for prekindergarten classes imposed under Section 25.112, which do not apply; (I) extracurricular activities under Section 33.081; (J) discipline management practices or behavior management techniques under Section 37.0021; (K) health and safety under Chapter 38; (L) the provisions of Subchapter A, Chapter 39; (M) public school accountability and special investigations under Subchapters A, B, C, D, F, G, and J, Chapter 39, and Chapter 39A; (N) the requirement under Section 21.006 to report an educator's misconduct; (0) intensive programs of instruction under Section 28.0213; (P) the right of a school employee to report a crime, as provided by Section 37.148; (Q) bullying prevention policies and procedures under Section 37.0832; (R) the right of a school under Section 37.0052 to place a student who has engaged in certain bullying behavior in a disciplinary alternative education program or to expel the student; (S) the right under Section 37.0151 to report to local law enforcement certain conduct constituting assault or harassment; (T) a parent's right to information regarding the provision of assistance for learning difficulties to the parent's child as provided by Sections 26.004(b)(11) and 26.0081(c)and (d); Page 5 of 26 2023 Bill Text TX H.B. 3 (U) establishment of residency under Section 25.001; (V) school safety requirements under Sections 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071 AND SUBCHAPTER J, CHAPTER 37 ; (W) the early childhood literacy and mathematics proficiency plans under Section 11.185; (X) the college, career, and military readiness plans under Section 11.186; and (Y) (X) parental options to retain a student under Section 28.02124. SECTION 5. Subchapter Z, Chapter 22, Education Coder, is, am2nde by adding Section 22.904,, to read as follows: SEC. 22.904. MENTAL HEALTH TRAINING. (A) EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, A SCHOOL DISTRICT SHALL REQUIRE EACH DISTRICT EMPLOYEE WHO REGULARLY INTERACTS WITH STUDENTS ENROLLED AT THE DISTRICT TO COMPLETE AN EVIDENCE-BASED MENTAL HEALTH TRAINING PROGRAM DESIGNED TO PROVIDE INSTRUCTION TO PARTICIPANTS REGARDING THE RECOGNITION AND SUPPORT OF CHILDREN AND YOUTH WHO EXPERIENCE A MENTAL HEALTH OR SUBSTANCE USE ISSUE THAT MAY POSE A THREAT TO SCHOOL SAFETY. (B) A SCHOOL DISTRICT MAY NOT REQUIRE A DISTRICT EMPLOYEE WHO HAS PREVIOUSLY COMPLETED MENTAL HEALTH TRAINING OFFERED BY A LOCAL MENTAL HEALTH AUTHORITY UNDER SECCww(wlC;N 1wCCw(C1w.20,2,...Lffi w,w-[tj,ANC w FE7— C�wODE TO COMPLETE THE TRAINING REQUIRED BY THIS SECTION. (C) FROM FUNDS APPROPRIATED FOR THE PURPOSE, THE AGENCY SHALL PROVIDE AN ALLOTMENT TO EACH SCHOOL DISTRICT TO ASSIST THE DISTRICT IN COMPLYING WITH THIS SECTION. THE AMOUNT OF AN ALLOTMENT PROVIDED TO A SCHOOL DISTRICT UNDER THIS SUBSECTION MAY NOT EXCEED THE COSTS INCURRED BY THE DISTRICT FOR EMPLOYEES' TRAVEL, TRAINING FEES, AND COMPENSATION FOR THE TIME SPENT COMPLETING THE TRAINING REQUIRED BY THIS SECTION. THE AGENCY MAY PROPORTIONALLY REDUCE EACH DISTRICT'S ALLOTMENT IF THE AMOUNT APPROPRIATED IS INSUFFICIENT TO PAY FOR ALL COSTS INCURRED BY DISTRICTS UNDER THIS SUBSECTION. (D) THE STATE BOARD FOR EDUCATOR CERTIFICATION SHALL PROPOSE RULES ALLOWING AN EDUCATOR TO RECEIVE CREDIT TOWARD THE EDUCATOR'S CONTINUING EDUCATION REQUIREMENTS UNDER SECTION 21.054(G) FOR THE EDUCATOR'S PARTICIPATION IN MENTAL HEALTH TRAINING UNDER THIS SECTION. (E) THE COMMISSIONER SHALL ADOPT RULES TO IMPLEMENT THIS SECTION, INCLUDING RULES SPECIFYING THE TRAINING FEES AND TRAVEL EXPENSES SUBJECT TO REIMBURSEMENT UNDER SUBSECTION (C). SECTION 6. Section 5.002 � ion Code, mended,to read as follows: Page 6 of 26 2023 Bill Text TX H.B. 3 (a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district: (1) the child's birth certificate or another document suitable as proof of the child's identity; (2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state , INCLUDING FOR A CHILD WHO MOST RECENTLY ATTENDED A PUBLIC SCHOOL IN THIS STATE, A COPY OF THE CHILD'S DISCIPLINARY RECORD AND ANY THREAT ASSESSMENT INVOLVING THE CHILD'S BEHAVIOR CONDUCTED UNDER SECTION 37.115 ; and (3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section. cn 25.026, nde by adding Subsection (c)to read as follows: SECTION 7. �rr�i�.... . �: t„a��-�i�c��...0 car"x....t �-����, (C) IN THE CASE OF A TRANSFER UNDER THIS SECTION, A CHILD'S SCHOOL DISTRICT OF RESIDENCE SHALL PROVIDE THE RECEIVING DISTRICT WITH THE CHILD'S DISCIPLINARY RECORD AND ANY THREAT ASSESSMENT INVOLVING THE CHILD'S BEHAVIOR CONDUCTED UNDER SECTION 37.115. SECTION 8. Section 37.081, Education Code, is amended by amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), and (a-4)to read as follows: (a) The board of trustees of any school district may (1) employ OR CONTRACT WITH security personnel ; (2) --- enter into a memorandum of understanding with a local law enforcement agency OR A COUNTY OR MUNICIPALITY THAT IS THE EMPLOYING POLITICAL SUBDIVISION OF COMMISSIONED PEACE OFFICERS for the provision of school resource officers ; (3) FOR THE PURPOSES OF PROVIDING SECURITY PERSONNEL, CONTRACT WITH A SECURITY SERVICES CONTRACTOR LICENSED UNDER CHAPTER 1702, OCCUPATIONS CODE, FOR THE PROVISION OF A COMMISSIONED SECURITY OFFICER, AS DEFINED BY SECTION 1702.002, OCCUPATIONS CODE, WHO HAS COMPLETED THE LEVEL II OR III TRAINING COURSE REQUIRED BY THE DEPARTMENT OF PUBLIC SAFETY; and (4) commission peace officers to carry out this subchapter. (A-1) t..: ,,. t ri........o:t......:trus & —thcw4zes........a.......rye .s.o.n........03. loy°;d....... .mrity........l per&GAP&I........:t. .iry....... The jurisdiction of a peace Page 7 of 26 2023 Bill Text TX H.B. 3 officer, a school resource officer, or security personnel under this section shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of the school district and the board of trustees that employ OR CONTRACT WITH, AS APPLICABLE, the peace officer or security personnel or that enter into a memorandum of understanding for the provision of a school resource officer. (A-2) A MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF SCHOOL RESOURCE OFFICERS ENTERED INTO UNDER SUBSECTION (A) MUST: (1) BE IN THE FORM OF AN INTERLOCAL CONTRACT UNDER CHAPTER 791, GOVERNMENT CODE; AND (2) USE A PROPORTIONATE COST ALLOCATION METHODOLOGY TO ADDRESS ANY COSTS OR FEES INCURRED BY THE SCHOOL DISTRICT OR THE LOCAL LAW ENFORCEMENT AGENCY, COUNTY, OR MUNICIPALITY, AS APPLICABLE. (A-3) THE COST ALLOCATION METHODOLOGY USED UNDER SUBSECTION (A-2)(2) MAY ALLOW A LOCAL LAW ENFORCEMENT AGENCY, COUNTY, OR MUNICIPALITY, AS APPLICABLE, TO RECOUP DIRECT COSTS INCURRED AS A RESULT OF THE CONTRACT BUT MAY NOT ALLOW THE AGENCY, COUNTY, OR MUNICIPALITY TO PROFIT UNDER THE CONTRACT. (A-4) A SCHOOL DISTRICT, LOCAL LAW ENFORCEMENT AGENCY, COUNTY, OR MUNICIPALITY THAT ENTERS INTO A MEMORANDUM OF UNDERSTANDING UNDER SUBSECTION (A) MAY SEEK FUNDING FROM FEDERAL, STATE, AND PRIVATE SOURCES TO SUPPORT THE COST OF PROVIDING SCHOOL RESOURCE OFFICERS UNDER THIS SECTION. SECTION 9. Section Education Codg, is, amended,to read as follows: (a) A school district peace officer or school resource officer shall complete an active shooter response training program approved by the Texas Commission on Law Enforcement AT LEAST ONCE IN EACH FOUR-YEAR PERIOD . .y .fl814 to read as SECTION 10. Subchapter C, Chapter 37, C: �ac�-�ti ��...0 �rx .�.` �-����r.�� �r b �-� ��„�� ��r��„� �� �/.... follows: SEC. 37.0814. ARMED SECURITY OFFICER REQUIRED. (A) THE BOARD OF TRUSTEES OF EACH SCHOOL DISTRICT SHALL DETERMINE THE APPROPRIATE NUMBER OF ARMED SECURITY OFFICERS FOR EACH DISTRICT CAMPUS. THE BOARD MUST ENSURE THAT AT LEAST ONE ARMED SECURITY OFFICER IS PRESENT DURING REGULAR SCHOOL HOURS AT EACH DISTRICT CAMPUS. (B) A SECURITY OFFICER DESCRIBED BY SUBSECTION (A) MUST BE: (1) A SCHOOL DISTRICT PEACE OFFICER; Page 8 of 26 2023 Bill Text TX H.B. 3 (2) A SCHOOL RESOURCE OFFICER; OR (3) A COMMISSIONED PEACE OFFICER EMPLOYED AS SECURITY PERSONNEL UNDER SECTION 37.081. (C) IF THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT IS UNABLE TO COMPLY WITH THIS SECTION, THE BOARD MAY CLAIM A GOOD CAUSE EXCEPTION FROM THE REQUIREMENT TO COMPLY WITH THIS SECTION IF THE DISTRICT'S NONCOMPLIANCE IS DUE TO THE AVAILABILITY OF: (1) FUNDING; OR (2) PERSONNEL WHO QUALIFY TO SERVE AS A SECURITY OFFICER DESCRIBED BY SUBSECTION (A). (D) THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT THAT CLAIMS A GOOD CAUSE EXCEPTION UNDER SUBSECTION (C) MUST DEVELOP AN ALTERNATIVE STANDARD WITH WHICH THE DISTRICT IS ABLE TO COMPLY, WHICH MAY INCLUDE PROVIDING A PERSON TO ACT AS A SECURITY OFFICER WHO IS: (1) A SCHOOL MARSHAL; OR (2) A SCHOOL DISTRICT EMPLOYEE OR A PERSON WITH WHOM THE DISTRICT CONTRACTS WHO: (A) HAS COMPLETED SCHOOL SAFETY TRAINING PROVIDED BY A QUALIFIED HANDGUN INSTRUCTOR CERTIFIED IN SCHOOL SAFETY UNDER :C..77.�°N ............................... FF.F...1 (�.1.,...OVF— NMEN7...��wODE; AND (B) CARRIES A HANDGUN ON SCHOOL PREMISES IN ACCORDANCE WITH WRITTEN REGULATIONS OR WRITTEN AUTHORIZATION OF THE DISTRICT UNDER :C..77.�°N ............................... (E) THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT MUST DEVELOP AND MAINTAIN DOCUMENTATION OF THE DISTRICT'S IMPLEMENTATION OF AND COMPLIANCE WITH THIS SECTION, INCLUDING DOCUMENTATION RELATED TO A GOOD CAUSE EXCEPTION CLAIMED UNDER SUBSECTION (C), AND SHALL, IF REQUESTED BY THE AGENCY, PROVIDE THAT DOCUMENTATION TO THE AGENCY IN THE MANNER PRESCRIBED BY THE AGENCY. y 7.f 89,, to read as SECTION 11. Subchapter C, Chapter 37, �: �„�c�-�ti ��....0 �r,....i$ �-����r�� �r ..... �-� ���� ��r��� �� �... follows: Page 9 of 26 2023 Bill Text TX H.B. 3 SEC. 37.089. ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL GROUNDS. (A) SUBJECT TO SUBSECTION (B), A PERSON PERMITTED TO CARRY A FIREARM ON THE CAMPUS OF A SCHOOL DISTRICT MAY NOT PERFORM THE ROUTINE LAW ENFORCEMENT DUTIES OF A PEACE OFFICER, INCLUDING MAKING ARRESTS, UNLESS THE DUTY IS PERFORMED IN RESPONSE TO AN EMERGENCY THAT POSES A THREAT OF DEATH OR SERIOUS BODILY INJURY TO A STUDENT, SCHOOL DISTRICT EMPLOYEE, OR OTHER INDIVIDUAL AT THE DISTRICT CAMPUS. (B) SUBSECTION (A) DOES NOT APPLY TO A COMMISSIONED PEACE OFFICER WHO IS ASSIGNED LAW ENFORCEMENT DUTIES THAT ARE INCLUDED IN CAMPUS AND DISTRICT DOCUMENTS DESCRIBING THE ROLE OF PEACE OFFICERS IN THE DISTRICT AS REQUIRED BY SECTION 37.081(D). r tion 7, r, amended by amending Subsections (a), (b), and (f) and SECTION 12 ��� . �fl��' �";� �a��-��� �� C; � � �-... adding Subsection (h)to read as follows: (a) Each school district or public junior college district shall adopt and implement a multihazard emergency operations plan for use in the district's facilities. The plan must address prevention, mitigation, preparedness, response, and recovery as defined by the Texas School Safety Center in conjunction with the governor's office of homeland security , ai.. . the commissioner of education , AND THE or commissioner of higher education The plan must provide for: (1) training in responding to an emergency for district employees, including substitute teachers; (2) measures to ensure district employees, including substitute teachers, have classroom access to a telephone, including a cellular telephone, or another electronic communication device allowing for immediate contact with district emergency services or emergency services agencies, law enforcement agencies, health departments, and fire departments; (3) measures to ensure district communications technology and infrastructure are adequate to allow for communication during an emergency; (4) if the plan applies to a school district, mandatory school drills and exercises, including drills required under Section 37.114, to prepare district students and employees for responding to an emergency; (5) measures to ensure coordination with the Department of State Health Services and local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency; and (6) the implementation of a safety and security audit as required by Subsection (b) ; AND (7) ANY OTHER REQUIREMENTS ESTABLISHED BY THE TEXAS SCHOOL SAFETY CENTER IN CONSULTATION WITH THE AGENCY AND RELEVANT LOCAL LAW ENFORCEMENT AGENCIES . (b) Page 10 of 26 2023 Bill Text TX H.B. 3 At least once every three years, each school district or public junior college district shall conduct a safety and security audit of the district's facilities. A =�G44.. t µy district , OR A PERSON INCLUDED IN THE REGISTRY ESTABLISHED BY THE TEXAS SCHOOL SAFETY CENTER UNDER SECTION 37.2091 WHO IS ENGAGED BY THE DISTRICT TO CONDUCT A SAFETY AND SECURITY AUDIT, shall follow safety and security audit procedures developed by the Texas School Safety Center IN COORDINATION WITH THE COMMISSIONER OF EDUCATION OR COMMISSIONER OF HIGHER EDUCATION, AS APPLICABLE oir.aa....persc aRGILKI #11B..ir i&tr.y.... ..sta l.As .. . : . .. .k-S c.... i,,...&ty.....C.eg:t.e.f u.n.d.er....S Gtiolrr- .. A school district shall include in its multihazard emergency operations plan: (1) a chain of command that designates the individual responsible for making final decisions during a disaster or emergency situation and identifies other individuals responsible for making those decisions if the designated person is unavailable; (2) provisions that address physical and psychological safety for responding to a natural disaster, active shooter, and any other dangerous scenario identified for purposes of this section by the agency or the Texas School Safety Center; (3) provisions for ensuring the safety of students in portable buildings; (4) provisions for ensuring that students and district personnel with disabilities are provided equal access to safety during a disaster or emergency situation; (5) provisions for providing immediate notification to parents, guardians, and other persons standing in parental relation in circumstances involving a significant threat to the health or safety of students, including identification of the individual with responsibility for overseeing the notification; (6) provisions for supporting the psychological safety of students, district personnel, and the community during the response and recovery phase following a disaster or emergency situation that: (A) are aligned with best practice-based programs and research-based practices recommended under Section 38.351; (B) include strategies for ensuring any required professional development training for suicide prevention and grief-informed and trauma-informed care is provided to appropriate school personnel; (C) include training on integrating psychological safety and suicide prevention strategies into the district's plan, such as psychological first aid for schools training, from an approved list of recommended training established by the commissioner and Texas School Safety Center for: (i) members of the district's school safety and security committee under Section 37.109; Page 11 of 26 2023 Bill Text TX H.B. 3 (ii) district school counselors and mental health professionals; and (iii) educators and other district personnel as determined by the district; (D) include strategies and procedures for integrating and supporting physical and psychological safety that align with the provisions described by Subdivision (2); and (E) implement trauma-informed policies; (7) a policy for providing a substitute teacher access to school campus buildings and materials necessary for the substitute teacher to carry out the duties of a district employee during an emergency or a mandatory emergency drill; -ain4 (8) the name of each individual on the district's school safety and security committee established under Section 37.109 and the date of each committee meeting during the preceding year ; AND (9) CERTIFICATION THAT THE DISTRICT IS IN COMPLIANCE WITH SECTION 37.117 . (H) THE TEXAS SCHOOL SAFETY CENTER AND THE AGENCY SHALL PROVIDE SCHOOL SAFETY-RELATED DATA COLLECTED BY THE CENTER OR AGENCY TO EACH OTHER ON REQUEST. SECTION 13. Section 37.1081(a), Education Code, is amended to read as follows: (a) If the board of trustees of a school district receives notice of noncompliance under Section 37.207(e) or 37.2071(D) OR (G) 3= ,:20= =t{g) , the board shall hold a public hearing to notify the public of: (1) the district's failure to: (A) submit or correct deficiencies in a multihazard emergency operations plan; or (B) report the results of a safety and security audit to the Texas School Safety Center as required by law; (2) the dates during which the district has not been in compliance; and (3) the names of each member of the board of trustees and the superintendent serving in that capacity during the dates the district was not in compliance. SECTION 14. Subchapter D, Chapter 37, Education Code, ..w amendedby 2 Q2�i �jggfiorp 7 i08 ,, `7 i08 , 3..7,..:1fl.85' , 3..7,..:10„86, and .w.�.. ...1..1..w.�..1 to read as follows: SEC. 37.1083. AGENCY MONITORING OF SCHOOL DISTRICT SAFETY AND SECURITY REQUIREMENTS. (A) THE AGENCY SHALL MONITOR THE IMPLEMENTATION AND OPERATION Page 12 of 26 2023 Bill Text TX H.B. 3 OF REQUIREMENTS RELATED TO SCHOOL DISTRICT SAFETY AND SECURITY, INCLUDING SCHOOL DISTRICT: (1) MULTIHAZARD EMERGENCY OPERATIONS PLANS; AND (2) SAFETY AND SECURITY AUDITS. (B) THE AGENCY SHALL ESTABLISH AN OFFICE OF SCHOOL SAFETY AND SECURITY WITHIN THE AGENCY THAT CONSISTS OF INDIVIDUALS WITH SUBSTANTIAL EXPERTISE AND EXPERIENCE IN SCHOOL OR LAW ENFORCEMENT SAFETY AND SECURITY OPERATIONS AND OVERSIGHT AT THE LOCAL, STATE, OR FEDERAL LEVEL TO COORDINATE THE AGENCY'S MONITORING OF SCHOOL DISTRICT SAFETY AND SECURITY REQUIREMENTS UNDER THIS SECTION. THE DIRECTOR OF THE OFFICE IS APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE AND MUST REPORT DIRECTLY TO THE COMMISSIONER. (C) THE AGENCY SHALL, IN COORDINATION WITH THE TEXAS SCHOOL SAFETY CENTER AND RELEVANT LOCAL LAW ENFORCEMENT AGENCIES, PROVIDE TECHNICAL ASSISTANCE TO SCHOOL DISTRICTS TO SUPPORT THE IMPLEMENTATION AND OPERATION OF SAFETY AND SECURITY REQUIREMENTS. (D) AS PART OF THE TECHNICAL ASSISTANCE PROVIDED UNDER SUBSECTION (C), THE AGENCY SHALL CONDUCT A DETAILED VULNERABILITY ASSESSMENT OF EACH SCHOOL DISTRICT ON A RANDOM BASIS DETERMINED BY THE AGENCY ONCE EVERY FOUR YEARS. THE ASSESSMENT MUST: (1) ASSESS FACILITY ACCESS CONTROLS, EMERGENCY OPERATIONS PROCEDURES, AND OTHER SCHOOL SAFETY REQUIREMENTS; AND (2) TO THE GREATEST EXTENT PRACTICABLE, COINCIDE WITH THE SAFETY AND SECURITY AUDIT REQUIRED UNDER SECTION 37.108. (E) THE AGENCY SHALL USE A RUBRIC DEVELOPED BY THE OFFICE OF SCHOOL SAFETY AND SECURITY IN COLLABORATION WITH THE TEXAS SCHOOL SAFETY CENTER TO CONDUCT A VULNERABILITY ASSESSMENT OF A SCHOOL DISTRICT UNDER SUBSECTION (D). (F) ON COMPLETION OF A VULNERABILITY ASSESSMENT UNDER SUBSECTION (D), THE AGENCY SHALL PROVIDE TO THE SUPERINTENDENT AND SCHOOL SAFETY AND SECURITY COMMITTEE ESTABLISHED UNDER SECTION 37.109 FOR THE APPLICABLE SCHOOL DISTRICT A REPORT ON THE RESULTS OF THE ASSESSMENT THAT INCLUDES RECOMMENDATIONS AND REQUIRED CORRECTIVE ACTIONS TO ADDRESS ANY DEFICIENCIES IN CAMPUS SECURITY IDENTIFIED BY THE AGENCY. (G) Page 13 of 26 2023 Bill Text TX H.B. 3 THE AGENCY MAY ENGAGE A THIRD PARTY AS NECESSARY TO ENABLE THE AGENCY TO MONITOR THE IMPLEMENTATION AND OPERATION OF SCHOOL DISTRICT SAFETY AND SECURITY REQUIREMENTS UNDER THIS SECTION. (H) THE AGENCY MAY REQUIRE A SCHOOL DISTRICT TO SUBMIT INFORMATION NECESSARY FOR THE AGENCY TO MONITOR THE IMPLEMENTATION AND OPERATION OF SCHOOL DISTRICT SAFETY AND SECURITY REQUIREMENTS UNDER THIS SECTION, INCLUDING: (1) NOTICE OF AN EVENT REQUIRING A DISTRICT'S EMERGENCY RESPONSE INCLUDING THE DISCOVERY OF A FIREARM ON A CAMPUS; AND (2) INFORMATION REGARDING THE DISTRICT'S RESPONSE AND USE OF EMERGENCY OPERATIONS PROCEDURES DURING AN EVENT DESCRIBED BY SUBDIVISION (1). (I) THE AGENCY MAY REVIEW SCHOOL DISTRICT RECORDS AS NECESSARY TO ENSURE COMPLIANCE WITH THIS SUBCHAPTER AND SUBCHAPTER G. (J) ANY DOCUMENT OR INFORMATION COLLECTED, IDENTIFIED, DEVELOPED, OR PRODUCED RELATING TO THE MONITORING OF SCHOOL DISTRICT SAFETY AND SECURITY REQUIREMENTS UNDER THIS SECTION IS CONFIDENTIAL UNDER SECTIONS 418.177 AND 418.181, GOVERNMENT CODE, AND NOT SUBJECT TO DISCLOSURE UNDER CHAPTER 552, GOVERNMENT CODE. (K) THE COMMISSIONER MAY ADOPT RULES AS NECESSARY TO ADMINISTER THIS SECTION. SEC. 37.1084. REGIONAL SCHOOL SAFETY REVIEW TEAMS. (A) IN THIS SECTION: (1) "OFFICE" MEANS THE OFFICE OF SCHOOL SAFETY AND SECURITY ESTABLISHED UNDER SECTION 37.1083. (2) "TEAM" MEANS A SCHOOL SAFETY REVIEW TEAM ESTABLISHED UNDER THIS SECTION. (B) THE OFFICE SHALL ESTABLISH A SCHOOL SAFETY REVIEW TEAM IN EACH REGION SERVED BY A REGIONAL EDUCATION SERVICE CENTER. A TEAM SHALL ANNUALLY CONDUCT ON-SITE GENERAL INTRUDER DETECTION AUDITS OF SCHOOL DISTRICT CAMPUSES IN THE TEAM'S REGION. IN CONDUCTING AN INTRUDER DETECTION AUDIT, A TEAM MUST: (1) USE A RUBRIC DEVELOPED BY THE OFFICE IN CONSULTATION WITH THE TEXAS SCHOOL SAFETY CENTER; (2) Page 14 of 26 2023 Bill Text TX H.B. 3 NOT LATER THAN THE SEVENTH DAY BEFORE THE DATE OF A SCHEDULED AUDIT, NOTIFY THE SUPERINTENDENT OF THE SCHOOL DISTRICT IN WHICH THE CAMPUS BEING AUDITED IS LOCATED; AND (3) ON COMPLETION OF THE AUDIT, PROVIDE TO THE SUPERINTENDENT AND SCHOOL SAFETY AND SECURITY COMMITTEE ESTABLISHED UNDER SECTION 37.109 FOR THE SCHOOL DISTRICT IN WHICH THE CAMPUS IS LOCATED A REPORT ON THE RESULTS OF THE AUDIT THAT INCLUDES RECOMMENDATIONS AND REQUIRED CORRECTIVE ACTIONS TO ADDRESS ANY DEFICIENCIES IN CAMPUS SECURITY IDENTIFIED BY THE TEAM. (C) A REGIONAL EDUCATION SERVICE CENTER SHALL PROVIDE SUPPORT AS NECESSARY TO ASSIST THE REGION'S TEAM IN CONDUCTING INTRUDER DETECTION AUDITS UNDER THIS SECTION. (D) A REPORT PRODUCED BY A TEAM UNDER THIS SECTION IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE UNDER CHAPTER 552, GOVERNMENT CODE. SEC. 37.1085. ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (A) EXCEPT AS PROVIDED BY SUBSECTION (C), THE COMMISSIONER MAY ASSIGN A CONSERVATOR UNDER CHAPTER 39A IF A SCHOOL DISTRICT FAILS TO: (1) SUBMIT TO ANY REQUIRED MONITORING, ASSESSMENT, OR AUDIT UNDER SECTION 37.1083 OR 37.1084; (2) COMPLY WITH APPLICABLE SAFETY AND SECURITY REQUIREMENTS; OR (3) ADDRESS IN A REASONABLE TIME PERIOD, AS DETERMINED BY COMMISSIONER RULE, ISSUES RAISED BY THE AGENCY'S MONITORING, ASSESSMENT, OR AUDIT OF THE DISTRICT UNDER SECTION 37.1083 OR 37.1084. (B) A CONSERVATOR ASSIGNED TO A DISTRICT UNDER THIS SECTION MAY EXERCISE THE POWERS AND DUTIES OF A CONSERVATOR UNDER SECTION 39A.003 ONLY TO CORRECT A FAILURE IDENTIFIED UNDER SUBSECTION (A). (C) THIS SECTION DOES NOT APPLY TO A SCHOOL DISTRICT'S FAILURE TO COMPLY WITH SECTION 37.0814 OR A GOOD CAUSE EXCEPTION CLAIMED UNDER THAT SECTION. SEC. 37.1086. GUIDELINES FOR MULTIHAZARD EMERGENCY OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS. (A) THE AGENCY SHALL ESTABLISH GUIDELINES FOR THE PROVISIONS IN A SCHOOL DISTRICT'S MULTIHAZARD EMERGENCY OPERATIONS PLAN UNDER SECTION 37.108(F)(4) TO ENSURE THE SAFETY OF STUDENTS AND DISTRICT PERSONNEL WITH DISABILITIES OR IMPAIRMENTS DURING A DISASTER OR EMERGENCY SITUATION, IN CONSULTATION WITH: (1) Page 15 of 26 2023 Bill Text TX H.B. 3 THE TEXAS SCHOOL SAFETY CENTER; (2) REGIONAL EDUCATION SERVICE CENTERS; (3) PUBLIC SCHOOL EDUCATORS WHO WORK WITH STUDENTS WITH DISABILITIES OR IMPAIRMENTS; AND (4) ADVOCACY GROUPS REPRESENTING INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS. (B) A SCHOOL DISTRICT MUST FOLLOW THE GUIDELINES ESTABLISHED BY THE AGENCY UNDER SUBSECTION (A) IN ADOPTING AND IMPLEMENTING THE DISTRICT'S MULTIHAZARD EMERGENCY OPERATIONS PLAN UNDER SECTION 37.108. SEC. 37.1131. NOTIFICATION REGARDING VIOLENT ACTIVITY. (A) THE AGENCY SHALL DEVELOP MODEL STANDARDS FOR PROVIDING NOTICE REGARDING VIOLENT ACTIVITY THAT HAS OCCURRED OR IS BEING INVESTIGATED AT A SCHOOL DISTRICT CAMPUS OR OTHER DISTRICT FACILITY OR AT A DISTRICT-SPONSORED ACTIVITY TO PARENTS, GUARDIANS, AND OTHER PERSONS STANDING IN PARENTAL RELATION TO STUDENTS WHO ARE ASSIGNED TO THE CAMPUS, REGULARLY USE THE FACILITY, OR ARE ATTENDING THE ACTIVITY, AS APPLICABLE. THE STANDARDS MUST: (1) INCLUDE ELECTRONIC NOTIFICATION THROUGH TEXT MESSAGING AND E-MAIL; (2) PROVIDE AN OPTION FOR REAL-TIME NOTIFICATION; AND (3) PROTECT STUDENT PRIVACY. (B) EACH SCHOOL DISTRICT SHALL ADOPT A POLICY FOR PROVIDING NOTICE DESCRIBED BY SUBSECTION (A) IN A MANNER THAT MEETS THE STANDARDS ADOPTED UNDER THAT SUBSECTION. r tion � , Education Code, amended by amending Subsection (c) and adding SECTION 15 Section /.`�`�a� C �a��-�.... �$:". �-���� . Subsection 0-1)to read as follows: (c) The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program under Subsection (b) at the district campus served by the team. The policies and procedures adopted under this section must: (1) be consistent with the model policies and procedures developed by the Texas School Safety Center; (2) require each team to complete training provided by the Texas School Safety Center or a regional education service center regarding evidence-based threat assessment programs; -ain4 Page 16 of 26 2023 Bill Text TX H.B. 3 (3) require each team established under this section to report the information required under Subsection (k) regarding the team's activities to the agency ; AND (4) REQUIRE EACH DISTRICT CAMPUS TO ESTABLISH A CLEAR PROCEDURE FOR A STUDENT TO REPORT CONCERNING BEHAVIOR EXHIBITED BY ANOTHER STUDENT FOR ASSESSMENT BY THE TEAM OR OTHER APPROPRIATE SCHOOL EMPLOYEE . (J-1) MATERIALS AND INFORMATION PROVIDED TO OR PRODUCED BY A TEAM DURING A THREAT ASSESSMENT OF A STUDENT UNDER THIS SECTION MUST BE MAINTAINED IN THE STUDENT'S SCHOOL RECORD UNTIL THE STUDENT'S 24TH BIRTHDAY. SECTION 16. Subchapter D, Chapter 37, Education Code, is amended by adding Section 37.117 to read as follows: SEC. 37.117. EMERGENCY RESPONSE MAP AND WALK-THROUGH. EACH SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER SCHOOL SHALL PROVIDE TO THE DEPARTMENT OF PUBLIC SAFETY AND ALL APPROPRIATE LOCAL LAW ENFORCEMENT AGENCIES AND EMERGENCY FIRST RESPONDERS: (1) AN ACCURATE MAP OF EACH DISTRICT CAMPUS AND SCHOOL BUILDING THAT IS DEVELOPED AND DOCUMENTED IN ACCORDANCE WITH THE STANDARDS DESCRIBED BY SECTION 37.351 RELATED TO DEVELOPING SITE AND FLOOR PLANS, ACCESS CONTROL, AND EXTERIOR DOOR NUMBERING; AND (2) AN OPPORTUNITY TO CONDUCT A WALK-THROUGH OF EACH DISTRICT CAMPUS AND SCHOOL BUILDING USING THE MAP DESCRIBED BY SUBDIVISION (1). SECTION 17 Section 7.2071( )+ L)+...( D+ A....� 2LP ail), E yggggtp C2g .g, gmende ?to read as follows: (b) A school district or public junior college district shall submit its multihazard emergency operations plan to the center (1) NOT LATER THAN THE 30TH DAY AFTER THE DATE on r the center REQUESTS THE SUBMISSION; and (2) in accordance with the center's review cycle developed under Subsection (a). (c) The center shall review each district's multihazard emergency operations plan submitted under Subsection (b)and: (1) verify the plan meets the requirements of Section 37.108; or (2) provide the district with written notice: (A) Page 17 of 26 2023 Bill Text TX H.B. 3 describing the plan's deficiencies; arld (B) INCLUDING SPECIFIC RECOMMENDATIONS TO CORRECT THE DEFICIENCIES; AND (C) stating that the district must correct the deficiencies in its plan and resubmit the revised plan to the center. (d) If a district fails to submit its multihazard emergency operations plan to the center for review FOLLOWING A NOTIFICATION BY THE CENTER THAT THE DISTRICT HAS FAILED TO SUBMIT THE DISTRICT'S PLAN , the center shall provide the district with written notice stating that the district MUST HOLD A PUBLIC HEARING UNDER SECTION 37.1081 Q.2.).....r .s:�.u�..b (f) If ONE MONTH after the date of initial notification of a plan's deficiencies under Subsection (c)(2) or su4r it a f-�-kn 4&r-Sut .. ti&n-(d)- a district has not corrected the plan deficiencies -- u-b-rsAi-t--a -Ire-- the center shall provide written notice to the district and agency that the district has not complied with the requirements of this section and must comply immediately. (g) If a school district still has not corrected the plan deficiencies THREE or has Fa u s.x-- months after the date of initial notification under Subsection (c)(2) -- . , the center shall provide written notice to the school district stating that the district must hold a public hearing under Section 37.1081. (h) If a school district has failed to submit a plan, the notice required by Subsection (D)--(g-� must state that the commissioner is authorized to appoint a conservator under Section 37.1082. amended by adding Subsection (b-1)to read as follows: SECTION 18 Section t/..C"f���1+ Education�-�tt �� C; �Cr, i �-�.... (B-1) A SCHOOL DISTRICT MUST CONFIRM THAT A PERSON IS INCLUDED IN THE REGISTRY ESTABLISHED UNDER SUBSECTION (B) BEFORE THE DISTRICT MAY ENGAGE THE PERSON TO PROVIDE SCHOOL SAFETY OR SECURITY CONSULTING SERVICES TO THE DISTRICT. SECTION 19. Subchapter G, Chapter 37, Education Code, is amended bK 2YLptt 27.,.221, and 37.222, to read as follows: SEC. 37.221. FACILITIES STANDARDS REVIEW. (A) AT LEAST ONCE EVERY FIVE YEARS, THE CENTER SHALL REVIEW THE FACILITIES STANDARDS FOR INSTRUCTIONAL FACILITIES ADOPTED UNDER SECTION 7.061 AND MAKE RECOMMENDATIONS TO THE COMMISSIONER REGARDING ANY CHANGES NECESSARY TO ENSURE THAT THE FACILITIES STANDARDS: (1) REFLECT BEST PRACTICES FOR IMPROVING SCHOOL SAFETY THROUGH THE DESIGN AND CONSTRUCTION OF SCHOOL FACILITIES; AND (2) Page 18 of 26 2023 Bill Text TX H.B. 3 ARE CONSISTENT WITH STANDARDS ADOPTED UNDER CHAPTER 469, GOVERNMENT CODE, REGARDING THE ELIMINATION OF ARCHITECTURAL BARRIERS. (B) THE CENTER AND COMMISSIONER MAY CONSULT WITH STAKEHOLDERS WITH RELEVANT EXPERTISE REGARDING WHETHER ANY UPDATES TO REQUIREMENTS FOR THE USE OF FUNDS GRANTED OR ALLOCATED TO SCHOOL DISTRICTS FOR PURPOSES OF IMPROVING THE SAFETY AND SECURITY OF SCHOOL FACILITIES ARE NECESSARY TO ALIGN WITH BEST PRACTICES. (C) IN UPDATING FACILITIES STANDARDS, THE COMMISSIONER SHALL: (1) INCORPORATE INPUT FROM THE CENTER AND STAKEHOLDERS WITH RELEVANT EXPERTISE REGARDING BEST PRACTICES FOR STANDARDS APPLICABLE TO THE DESIGN AND CONSTRUCTION OF SCHOOL FACILITIES; AND (2) ENSURE THE STANDARDS ARE UPDATED AS NECESSARY TO ENSURE COMPLIANCE WITH ANY CHANGES TO STATE LAW AND LOCAL BUILDING CODES. SEC. 37.222. RESOURCES ON SAFE FIREARM STORAGE. (A) THE CENTER, IN COLLABORATION WITH THE DEPARTMENT OF PUBLIC SAFETY, SHALL PROVIDE TO EACH SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER SCHOOL INFORMATION AND OTHER RESOURCES REGARDING THE SAFE STORAGE OF FIREARMS FOR DISTRIBUTION BY THE DISTRICT OR SCHOOL UNDER SUBSECTION (B), INCLUDING INFORMATION ON: (1) THE OFFENSE UNDER ( (T�N, ,1w, ' J C �OD ; ANDwww w ww w wwww (2) WAYS IN WHICH PARENTS AND GUARDIANS CAN EFFECTIVELY PREVENT CHILDREN FROM ACCESSING FIREARMS. (B) EACH SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER SCHOOL SHALL PROVIDE THE INFORMATION AND OTHER RESOURCES DESCRIBED UNDER SUBSECTION (A) TO THE PARENT OR GUARDIAN OF EACH STUDENT ENROLLED IN THE DISTRICT OR SCHOOL. SECTION 20. Chapter 37, Education Code, is amended by adding Subchapter J to read as follows: SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES SEC. 37.351. FACILITIES STANDARDS COMPLIANCE. (A)A SCHOOL DISTRICT MUST ENSURE THAT EACH DISTRICT FACILITY COMPLIES WITH EACH SCHOOL FACILITIES STANDARD, INCLUDING PERFORMANCE STANDARDS AND OPERATIONAL REQUIREMENTS, RELATED TO SAFETY AND SECURITY ADOPTED UNDER SECTION 7.061 OR PROVIDED BY OTHER LAW OR AGENCY RULE. (B) A SCHOOL DISTRICT MUST DEVELOP AND MAINTAIN DOCUMENTATION OF THE DISTRICT'S IMPLEMENTATION OF AND COMPLIANCE WITH SCHOOL SAFETY AND SECURITY FACILITIES STANDARDS FOR EACH DISTRICT FACILITY, INCLUDING A GOOD CAUSE EXCEPTION CLAIMED UNDER SECTION 37.353, AND SHALL, IF REQUESTED BY Page 19 of 26 2023 Bill Text TX H.B. 3 THE AGENCY, PROVIDE THAT DOCUMENTATION TO THE AGENCY IN THE MANNER PRESCRIBED BY THE AGENCY. SEC. 37.352. PURCHASING REQUIREMENTS. A SCHOOL DISTRICT SHALL COMPLY WITH ALL APPLICABLE STATE LAWS AND RULES RELATING TO PROCUREMENT FOR DISTRICT PURCHASES RELATING TO ACHIEVING COMPLIANCE WITH THE FACILITIES STANDARDS ADOPTED UNDER SECTION 7.061 OR PROVIDED BY OTHER LAW OR AGENCY RULE. SEC. 37.353. GOOD CAUSE EXCEPTION. (A) IF A SCHOOL DISTRICT IS UNABLE TO BRING A DISTRICT FACILITY INTO COMPLIANCE WITH A SCHOOL FACILITIES STANDARD RELATED TO SAFETY AND SECURITY, THE DISTRICT MAY CLAIM A GOOD CAUSE EXCEPTION FROM THE REQUIREMENT TO COMPLY WITH THAT STANDARD, INCLUDING FOR A REASON RELATED TO: (1) THE AGE, PHYSICAL DESIGN, OR LOCATION OF THE NONCOMPLIANT FACILITY; (2) THE PROJECTED REMAINING USE OR FUNCTIONAL LIFE OF THE NONCOMPLIANT FACILITY; (3) AVAILABILITY OF FUNDING; OR (4) SUPPLY CHAIN OBSTACLES. (B) A SCHOOL DISTRICT THAT CLAIMS A GOOD CAUSE EXCEPTION UNDER SUBSECTION (A) MUST DEVELOP AN ALTERNATIVE PERFORMANCE STANDARD WITH WHICH THE DISTRICT IS ABLE TO COMPLY. SEC. 37.354. FUNDING FOR FACILITIES STANDARDS COMPLIANCE. (A) THE COMMISSIONER MAY AUTHORIZE A SCHOOL DISTRICT TO USE MONEY PROVIDED TO THE DISTRICT FOR THE PURPOSE OF IMPROVING SCHOOL SAFETY AND SECURITY, INCLUDING THE SCHOOL SAFETY ALLOTMENT UNDER SECTION 48.115 OR ANY OTHER FUNDING OR GRANT MONEY AVAILABLE TO THE DISTRICT FOR THAT PURPOSE, TO COMPLY WITH THE REQUIREMENTS OF THIS SUBCHAPTER. (A-1) FUNDS APPROPRIATED IN S.B. 30, ACTS OF THE 88TH LEGISLATURE, REGULAR SESSION, 2023, OR SIMILAR LEGISLATION, FOR THE PURPOSE OF IMPROVING SCHOOL SAFETY AND SECURITY, MAY BE USED AS DESCRIBED BY SUBSECTION (A). THIS SUBSECTION EXPIRES SEPTEMBER 1, 2026. (B) THE COMMISSIONER MAY ADOPT RULES REGARDING SAFETY AND SECURITY REQUIREMENTS WITH WHICH A SCHOOL DISTRICT MUST COMPLY TO RECEIVE FUNDING OR GRANT MONEY AVAILABLE FOR THE PURPOSE OF IMPROVING SCHOOL SAFETY AND SECURITY. SEC. 37.355. CONFIDENTIALITY. (A) ANY DOCUMENT OR INFORMATION COLLECTED, IDENTIFIED, DEVELOPED, OR PRODUCED RELATING TO A SAFETY OR SECURITY REQUIREMENT UNDER THIS SUBCHAPTER IS CONFIDENTIAL UNDER SECTIONS 418.177 AND 418.181, GOVERNMENT CODE, AND NOT SUBJECT TO DISCLOSURE UNDER CHAPTER 552, GOVERNMENT CODE. (B) Page 20 of 26 2023 Bill Text TX H.B. 3 THE COMMISSIONER MAY ADOPT RULES AS NECESSARY TO ADMINISTER THIS SECTION. Education Code, amendedby amending Subsection (a) and adding SECTION 21 Section ���'fl�"�"+ ...� �a��-�.... �$:�. .... Subsection (a-1)to read as follows: (a) A school district may require a person who enters PROPERTY UNDER THE DISTRICT'S CONTROL arsi 1= to display the person's driver's license , ter- another form of identification containing the person's photograph issued by a governmental entity , OR, IF APPLICABLE, THE PERSON'S DISTRICT EMPLOYEE OR STUDENT IDENTIFICATION CARD. THE PERSON MUST PROVIDE THE IDENTIFICATION ON REQUEST . (A-1) A SCHOOL DISTRICT MAY EJECT A PERSON FROM DISTRICT PROPERTY IF: (1) THE PERSON REFUSES OR FAILS TO PROVIDE ON REQUEST IDENTIFICATION DESCRIBED BY SUBSECTION (A); AND (2) IT REASONABLY APPEARS THAT THE PERSON HAS NO LEGITIMATE REASON TO BE ON DISTRICT PROPERTY. �� 2 ..y � ��f 11, to read as SECTION 22. Subchapter E, Chapter 45, C: �ac�-�ti ��..0 Code, is �-�27r".... � �-� ���� �rr��� �� ���. follows: SEC. 45.1011. USE OF BOND PROCEEDS FOR SCHOOL SAFETY COMPLIANCE. (A)THE PROCEEDS OF BONDS ISSUED BY A SCHOOL DISTRICT FOR THE CONSTRUCTION AND EQUIPMENT OF SCHOOL BUILDINGS IN THE DISTRICT AND THE PURCHASE OF THE NECESSARY SITES FOR SCHOOL BUILDINGS MAY BE USED TO PAY THE COSTS ASSOCIATED WITH COMPLYING WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS FOR SCHOOL FACILITIES IN ACCORDANCE WITH SECTION 37.351. (B) THIS SUBSECTION APPLIES TO A SCHOOL DISTRICT THAT HAS BEEN DETERMINED BY THE AGENCY, THROUGH THE AGENCY'S MONITORING OF SAFETY AND SECURITY REQUIREMENTS UNDER SECTION 37.1083, TO NOT BE IN COMPLIANCE WITH THOSE REQUIREMENTS. NOTWITHSTANDING ANY OTHER LAW, A SCHOOL DISTRICT TO WHICH THIS SUBSECTION APPLIES MUST USE THE PROCEEDS OF BONDS DESCRIBED BY SUBSECTION (A) TO ACHIEVE COMPLIANCE WITH APPLICABLE SAFETY AND SECURITY REQUIREMENTS IN ACCORDANCE WITH SECTION 37.351 BEFORE THE DISTRICT MAY USE THOSE PROCEEDS FOR ANY OTHER AUTHORIZED PURPOSE. r tion 48. n Code, Mende by amending Subsections (a) and (b) and adding SECTION 23 Section ���� Education.... �$ �-� . Subsections (a-1), (b-1), (b-2), (c-1), and (e)to read as follows: (a) EXCEPT AS PROVIDED BY SUBSECTION (A-1), -- O- a-Ad prim: r--th4 irperse,; the, Go. - si rn&r--4P3-11--- vide,—to--a school district IS ENTITLED TO an annual allotment EQUAL TO THE SUM OF THE FOLLOWING AMOUNTS OR A GREATER iir-t amount provided by appropriation (1) $10 for each student in average daily attendance , PLUS $1 FOR EACH STUDENT IN AVERAGE DAILY ATTENDANCE PER EVERY $50 BY WHICH THE DISTRICT'S MAXIMUM Page 21 of 26 2023 Bill Text TX H.B. 3 BASIC ALLOTMENT UNDER SECTION 48.051 EXCEEDS $6,160, PRORATED AS NECESSARY; AND (2) $15,000 PER CAMPUS . (A-1) A SCHOOL DISTRICT CAMPUS THAT PROVIDES ONLY VIRTUAL INSTRUCTION OR UTILIZES ONLY FACILITIES NOT SUBJECT TO THE DISTRICT'S CONTROL IS NOT INCLUDED FOR PURPOSES OF DETERMINING A SCHOOL DISTRICT'S ALLOTMENT UNDER SUBSECTION (A). (b) Funds allocated under this section must be used to improve school safety and security, including costs associated with: (1) securing school facilities IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 37.351 , including: (A) improvements to school infrastructure; (B) the use or installation of PERIMETER SECURITY FENCING CONDUCIVE TO A PUBLIC SCHOOL LEARNING ENVIRONMENT OR physical barriers , WHICH MAY NOT INCLUDE RAZOR WIRE ; and (C) EXTERIOR DOOR AND WINDOW SAFETY AND SECURITY UPGRADES, INCLUDING EXTERIOR DOOR NUMBERING AND LOCKING SYSTEMS AND SECURITY FILM THAT PROVIDES RESISTANCE TO A FORCED ENTRY; AND (D) the purchase and maintenance of: (i) security cameras AND, IF THE DISTRICT HAS ALREADY INSTALLED SECURITY CAMERAS, .ter other security equipment , INCLUDING VIDEO SURVEILLANCE AS PROVIDED BY SECTION 29.022 ; and (ii) technology, including communications systems or devices, SUCH AS SILENT PANIC ALERT DEVICES, TWO-WAY RADIOS, OR WIRELESS INTERNET BOOSTER EQUIPMENT, that facilitates communication and information sharing between students, school personnel, and first responders in an emergency; (2) providing security for the district, including: (A) employing school district peace officers, private security officers, and school marshals; and (B) collaborating with local law enforcement agencies, such as entering into a memorandum of understanding for the assignment of school resource officers to schools in the district; (3) Page 22 of 26 2023 Bill Text TX H.B. 3 school safety and security MEASURES tr + + grnirg , including: (A) active shooter and emergency response training; (B) prevention and treatment programs relating to addressing adverse childhood experiences; and (C) the prevention, identification, and management of emergencies and threats, using evidence-based, effective prevention practices and including: (i) providing licensed counselors, social workers, and individuals trained in restorative discipline and restorative justice practices; (ii) providing mental health personnel and support; (iii) providing behavioral health services; (iv) establishing threat reporting systems; and (v) developing and implementing programs focused on restorative justice practices, culturally relevant instruction, and providing mental health support; and (4) providing programs related to suicide prevention, intervention, and postvention ; AND (5) EMPLOYING A SCHOOL SAFETY DIRECTOR AND OTHER PERSONNEL TO MANAGE AND MONITOR SCHOOL SAFETY INITIATIVES AND THE IMPLEMENTATION OF SCHOOL SAFETY REQUIREMENTS FOR THE DISTRICT . (B-1) THE AGENCY MAY DESIGNATE CERTAIN TECHNOLOGIES THAT A SCHOOL DISTRICT, IN USING FUNDS ALLOCATED UNDER THIS SECTION, MAY PURCHASE ONLY FROM A VENDOR APPROVED BY THE AGENCY. (B-2) IF THE AGENCY, IN COORDINATION WITH THE TEXAS SCHOOL SAFETY CENTER, DETERMINES THAT ENTERING INTO A STATEWIDE CONTRACT WITH A VENDOR FOR THE PROVISION OF A TECHNOLOGY DESIGNATED UNDER SUBSECTION (B-1) WOULD RESULT IN COST SAVINGS TO SCHOOL DISTRICTS, THE AGENCY MAY, AFTER RECEIVING APPROVAL FROM THE LEGISLATIVE BUDGET BOARD AND OFFICE OF THE GOVERNOR, ENTER INTO A CONTRACT WITH A VENDOR TO PROVIDE THE TECHNOLOGY TO EACH DISTRICT THAT USES FUNDS ALLOCATED UNDER THIS SECTION TO PURCHASE THAT TECHNOLOGY. (C-1) THE AGENCY, OR IF DESIGNATED BY THE AGENCY, THE TEXAS SCHOOL SAFETY CENTER, SHALL ESTABLISH AND PUBLISH A DIRECTORY OF APPROVED VENDORS OF SCHOOL SAFETY TECHNOLOGY AND EQUIPMENT A SCHOOL DISTRICT MAY Page 23 of 26 2023 Bill Text TX H.B. 3 SELECT FROM WHEN USING FUNDS ALLOCATED UNDER THIS SECTION. IF A SCHOOL DISTRICT USES FUNDS ALLOCATED UNDER THIS SECTION TO PURCHASE TECHNOLOGY OR EQUIPMENT FROM A VENDOR THAT IS NOT INCLUDED IN THE DIRECTORY, THE DISTRICT MUST SOLICIT BIDS FROM AT LEAST THREE VENDORS BEFORE COMPLETING THE PURCHASE. (E) NOTWITHSTANDING ANY OTHER LAW, A SCHOOL DISTRICT MAY USE FUNDS ALLOCATED UNDER THIS SECTION TO PROVIDE TRAINING TO A PERSON AUTHORIZED BY THE DISTRICT TO CARRY A FIREARM ON A DISTRICT CAMPUS. SECTION 24. Subchapter Z, Chapter 411, Government Code, is amended by adding Section 411.951 to read as follows: SEC. 411.951. CONFIDENTIALITY OF IWATCHTEXAS COMMUNITY REPORTING SYSTEM REPORTS. ALL SUSPICIOUS ACTIVITY REPORTS AND SCHOOL SAFETY REPORTS INCLUDED IN THE IWATCHTEXAS COMMUNITY REPORTING SYSTEM OPERATED BY THE DEPARTMENT ARE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE UNDER CHAPTER 552. . �nm .pi Code, � � 85 fly" to SECTION 25. Subchapter B, Chapter 85, i..cc„�-�l C�c�+Cr r� �r �$ �-� ��r�� �r . � �-� ���� �.0�i�ctp read as follows: SEC. 85.024. SCHOOL SAFETY MEETINGS. (A) THE SHERIFF OF A COUNTY WITH A TOTAL POPULATION OF LESS THAN 350,000 IN WHICH A PUBLIC SCHOOL IS LOCATED SHALL CALL AND CONDUCT SEMIANNUAL MEETINGS TO DISCUSS: (1) SCHOOL SAFETY; (2) COORDINATED LAW ENFORCEMENT RESPONSE TO SCHOOL VIOLENCE INCIDENTS; (3) LAW ENFORCEMENT AGENCY CAPABILITIES; (4) AVAILABLE RESOURCES; (5) EMERGENCY RADIO INTEROPERABILITY; (6) CHAIN OF COMMAND PLANNING; AND (7) OTHER RELATED SUBJECTS PROPOSED BY A PERSON IN ATTENDANCE AT THE MEETING. (B) THE SHERIFF OF A COUNTY TO WHICH THIS SECTION APPLIES IN WHICH MORE THAN ONE PUBLIC SCHOOL IS LOCATED IS ONLY REQUIRED TO HOLD ONE SEMIANNUAL MEETING DESCRIBED BY SUBSECTION (A). THIS SUBSECTION DOES NOT REQUIRE PUBLIC SCHOOLS LOCATED WITHIN THE SAME COUNTY TO ADOPT THE SAME SCHOOL SAFETY POLICIES. (C) Page 24 of 26 2023 Bill Text TX H.B. 3 THE FOLLOWING PERSONS SHALL ATTEND A MEETING CALLED UNDER SUBSECTION (A): (1) THE SHERIFF OR THE SHERIFF'S DESIGNEE; (2) THE POLICE CHIEF OF A MUNICIPAL POLICE DEPARTMENT IN THE COUNTY OR THE POLICE CHIEF'S DESIGNEE; (3) EACH ELECTED CONSTABLE IN THE COUNTY OR THE CONSTABLE'S DESIGNEES; (4) EACH POLICE CHIEF OF A SCHOOL DISTRICT'S POLICE DEPARTMENT OR SCHOOL DISTRICT SECURITY COORDINATOR FROM EACH SCHOOL DISTRICT LOCATED IN THE COUNTY; (5) A REPRESENTATIVE OF THE DEPARTMENT OF PUBLIC SAFETY ASSIGNED TO THE COUNTY; (6) A REPRESENTATIVE OF EACH OTHER STATE AGENCY WITH COMMISSIONED PEACE OFFICERS ASSIGNED TO THE COUNTY; (7) A PERSON APPOINTED TO A COMMAND STAFF POSITION AT AN EMERGENCY MEDICAL SERVICE IN THE COUNTY; (8) A PERSON APPOINTED TO A COMMAND STAFF POSITION AT A MUNICIPAL EMERGENCY MEDICAL SERVICE IN THE COUNTY; (9) A PERSON APPOINTED TO A COMMAND STAFF POSITION AT A FIRE DEPARTMENT IN THE COUNTY; (10) THE SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE OF EACH SCHOOL DISTRICT LOCATED IN THE COUNTY; (11) THE PERSON WHO SERVES THE FUNCTION OF SUPERINTENDENT, OR THAT PERSON'S DESIGNEE, IN EACH OPEN-ENROLLMENT CHARTER SCHOOL LOCATED IN THE COUNTY; AND (12) ANY OTHER PERSON THE SHERIFF CONSIDERS APPROPRIATE. (D) THE SHERIFF SHALL INVITE ANY FEDERAL LAW ENFORCEMENT OFFICIAL SERVING IN THE COUNTY TO ATTEND THE MEETING. (E) Page 25 of 26 2023 Bill Text TX H.B. 3 AS SOON AS PRACTICABLE AFTER A MEETING UNDER SUBSECTION (A), THE SHERIFF SHALL SUBMIT A REPORT TO THE TEXAS SCHOOL SAFETY CENTER IDENTIFYING THE ATTENDEES OF THE MEETING AND THE SUBJECTS DISCUSSED. THE TEXAS SCHOOL SAFETY CENTER SHALL MAINTAIN THE REPORT AND MAKE IT PUBLICLY AVAILABLE ON THE CENTER'S INTERNET WEBSITE. THE CENTER MAY NOT MAKE PUBLICLY AVAILABLE AND SHALL REDACT ANY PARTS OF A REPORT THAT THE CENTER DETERMINES MAY EXPOSE A SAFETY VULNERABILITY OF A SCHOOL DISTRICT FACILITY. SECTION 26. (a) As soon as practicable after the effective date of this Act, the Texas Education Agency shall establish the office of school safety and security and the governor shall appoint the director of that office as required by g g ggt� 2 r„, a, add2d, by this Act. (b) As soon as practicable after the office of school safety and security has been established, the office shall establish school safety review teams in each region served by a regional education service center Education C; add2 by this Act. as required by Section �.7.`�flC�4+..C �a�a... ��r ��$�... �0l dd2 by this Act, applies only to a bond authorized to be SECTION 27Section ���,... iC�a��-��� �� C; �+ �-� issued at an election held on or after the effective date of this Act. SECTION 28. To the extent of any conflict, this Act prevails over another Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 29. (a) Section 7.028 and Chapter 37, Education Code, as amended by this Act, apply beginning with the 2023-2024 school year. (b) P 2 g-ygy by this Act, a school district must Notwithstanding ��r��� „� l�Q C: �„a��-��� ��....0 �+ 2$... require the district's employees to complete the mental health training required under that section as follows: (1) at least 25 percent of the applicable district employees before the beginning of the 2025- 2026 school year; (2) at least 50 percent of the applicable district employees before the beginning of the 2026- 2027 school year; (3) at least 75 percent of the applicable district employees before the beginning of the 2027- 2028 school year; and (4) 100 percent of the applicable district employees before the beginning of the 2028-2029 school year. SECTION 30. (a) Except as provided by Subsection (b) of this section, this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Page 26 of 26 2023 Bill Text TX H.B. 3 Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023. (b) Sec�� 48,115, Education Code, m2nde by this Act, takes effect September 1, 2023. History H.B. NO. 3 Sponsor(s) Burrows Classification Subject: EDUCATION &TRAINING (59%); EDUCATION FUNDING (59%); EDUCATION SYSTEMS & INSTITUTIONS (59%); PUBLIC SCHOOLS (59%); SAFETY (59%); SAFETY, ACCIDENTS & DISASTERS (59%); SCHOOL SAFETY& SECURITY (59%) Load-Date: June 15, 2023 THE STATE OF TEXAS BILL TEXT Copyright©2023 LexisNexis.All rights reserved. I ud c4I11)cwu irneint IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 2024 SUBJECT: Discuss amending the Council Rules of Procedure to allow voting on Future Agenda Items in the Work Session. PRESENTER: Paulette Hartman, City Manager SUMMARY: Discuss amending the Council Rules of Procedure to allow voting on Future Agenda Items in the Work Session. GENERAL DESCRIPTION: City Council will discuss and provide direction on whether they would like to amend Chapter 2, Article II, Division 2. — Rules of Procedure of the Code of Ordinances. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 2024 SUBJECT: Approve minutes of the March 25, 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 March 25, 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 MARCH 25, 2024 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25th day of March at 6.00 p.m. in the Council Workroom prior to the 7.00 p.m. regular 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 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 Council had no questions for staff. 2. PRESENTATION AND DISCUSSION REGARDING AMENDMENTS TO CHAPTER 110 OF THE CITY CODE (SUBDIVISION REGULATIONS). Director of Planning Clayton Comstock provided an overview of staffs approach to amend the city's subdivision regulations. On April 4, 2024, the Planning and Zoning Commission will conduct a public hearing on proposed text revisions to the subdivision regulations. Staff will review the proposed text changes with City Council at the April 8, 2024 work session and bring forward the proposed ordinance for consideration at the April 22, 2024 City Council meeting. The subdivision regulations provides standards and March 25, 2024 City Council Meeting Minutes Page 1 of 13 requirements for creation of subdivisions; ensures public and private development is adequately served by public facilities; and the authority for subdivision regulations, when adopted, is granted by the Texas Local Government Code Chapter 212. The recommended amendments includes approval authority for plats; general platting and plat review procedures; addition of a minor plat process; procedures for waivers and modifications; and design criteria for subdivisions. The proposed amendments are the result of substantial changes in state law (2019 and 2023), approval of Proposition "I" of the Charter Amendment Election held on May 6, 2023, and to accommodate a digital process implemented by the city. In preparation for drafting a proposed text ordinance to amend the city's subdivision regulations, staff presented Resolution No. 2023-044 to City Council at their May 17, 2023 meeting. The resolution formally initiated the amendment process for the city's subdivision regulations. The approved resolution provided for the process to include public input and work sessions with industry professionals, the Planning and Zoning Commission and City Council. Staff is accepting public input via the city's website beginning March 1 through March 29, 2024. A copy of the proposed ordinance is available for the public's review via the city's website. Mr. Comstock shared with City Council that most regulations and standards would remain the same. The primary changes are regarding the processes and procedures for plat approvals. The proposed ordinance provides for the final approval by staff for amending plats, minor plats, and replats. The City Council has the final approval for preliminary plats and the Planning and Zoning Commission has the final approval for final plats. Mr. Comstock asked City Council what information they would like staff to provide at the April 8, 2024 work session. Mayor Trevino asked staff to provide the comments from the Planning and Zoning Commission and developers regarding the proposed subdivision regulations. Council member Orr asked staff to provide information on the impact to the Development Department. 3. DISCUSS CITY CHARTER ARTICLE VI. POWERS AND DUTIES OF OFFICERS. Interim City Attorney Cara White informed City Council that she was asked to elaborate on provisions of the City Charter with regard to making inquiries of staff. The City Charter has two provisions, Article VI, Sections 3 and 4. The language in Section 3 of the City Charter numerates the duties of the City Council, one of which is "to inquire into the conduct of any office, department, or agency of the City and make investigation as to municipal affairs." Article VI, Section 4 of the City Charter provides that "except for the purpose of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately." The North Richland Hills City Charter states the form of government as the March 25, 2024 City Council Meeting Minutes Page 2 of 13 Council-Manager government. The City Council sets policy, approves the budget and gives direction to the City Manager. Ms. White stated that the inquiry referenced in Article VI, Section 3 is an inquiry by the City Council as a whole. The City Charter does not provide authority for an individual council member to make inquiries of staff, administrative services, or to give direction to staff. The City Council works through the City Manager. In Section 4, it states that "any Council member violating the provisions of this Section, shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a Council member." Associate Mayor Pro Tern Vaughn stated that City Council is responsible for making informed decisions and holding people accountable. He referenced a publication by the Texas Municipal League (TML), Handbook for Newly Elected Officials, that city council members are considered employers. Based on Ms. White's comments, a member of the City Council could commit a misdemeanor according to [Article VI] Section 3. He asked how the City Council can hold the city manager accountable if information is provided by the city manager and the City Council is not able to talk to city employees. Ms. White clarified that a violation of Article VI, Section 4 is a misdemeanor. Associate Mayor Pro Tern Vaughn asked is it is a misdemeanor to send an email to a member of staff. Mayor Trevino asked staff to research the questions posed during the discussion and provide an update to City Council. FUTURE AGENDA ITEM(S) 1. CONSIDER A REQUEST TO AMEND THE COUNCIL RULES OF PROCEDURE TO ALLOW VOTING ON FUTURE AGENDA ITEMS IN THE WORK SESSION. Mayor Trevino announced that Associate Mayor Pro Tern Vaughn asked for this item to be placed on the agenda. Associate Mayor Pro Tern Vaughn stated that he asked City Manager Mark Hindman to place an item on the work session to discuss voting on items categorized under future agenda items. He wanted the ability for City Council to discuss the current Rules of Procedure and authority for City Council to vote and give direction to the City Manager. The City Council's Rules of Procedure outline that the City Council gives direction to the City Manager. Mayor Trevino asked for a consensus of City Council to amend the Rules of Procedure to allow voting on future agenda items. There being no consensus, Mayor Trevino asked March 25, 2024 City Council Meeting Minutes Page 3 of 13 for a consensus of City Council to place amending the Rules of Procedure on a future agenda. There was no consensus of City Council to place the item on a future agenda. EXECUTIVE SESSION 1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - 8001 MAIN STREET, 8005 MAIN STREET AND 6816, 6820, 6824 AND 6828 MICKEY STREET. 2. SECTION 551.087: DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS - 6701 DAVIS BOULEVARD, 8005 MAIN STREET AND 8029 MAIN STREET. Mayor Trevino announced at 6.54 p.m. that City Council would not convene into Executive Session. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order March 25, 2024 at 7.01 p.m. 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 Alicia Richardson City Secretary/Chief Governance Officer Cara White Interim City Attorney A.1 INVOCATION Council member Rodriguez gave the invocation. A.2 PLEDGE Council member Rodriguez led the Pledge of Allegiance to the United States and Texas flags. March 25, 2024 City Council Meeting Minutes Page 4 of 13 A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2023 UNITED WAY CAMPAIGN PRESENTATION United Way Chair Courtney Kincaid shared with City Council that the 2023 United Way Employee Workplace Campaign exceeded their goal of $50,000. She thanked the City Council, directors and employees of North Richland Hills and sponsors for their support. Ms. Kincaid presented United Way CEO Leah King with a check in the amount of $52,007. The United Way Committee was comprised of the following employees: Courtney Kincaid; Katherine Ratcliff; Tina Earle; Paulette Hartman; Billy Owens; Maria Williams; Dakota Ford; David Bormann; Riley Sargent; Kelly Vaughn, Dustin Orazi; Robin Berger; Kathy Corley; Jeff Arnold; Ellen Cooper; T J Stewart; Laura Fentum; Amanda Morrissey; Meagan Merrill; Brian Thomas; Bryon Bustamante; Sarah Green; KayCee Miller; Chad VanSteenberg; Cindy Garvin; Samantha Alderson; Samantha Gibson; Leah Michaels; Lauren O'Brien; and Kristen Blakemen. A.4 CITIZENS PRESENTATION Mr. Jeff Paul, 5125 Colorado Boulevard, commented on an internal memo regarding him and a cease and desist letter. Mr. Matt Reed, 5145 Gentling Place, discussed his concern with public safety in his neighborhood and incidents at Richland High School and Holiday Heights Elementary School. He also commented that he is still waiting on a response from the Police Department regarding crime statistics in his neighborhood for the past ten years. Mr. David Williams, 8800 Jason Court, commented on the new Starbucks located on Davis Boulevard. He asked if a traffic study was completed to determine impact to Davis from overflow traffic. Mrs. Mary Louse Williams, 8800 Jason Court, commented on the land for sale at Lola Drive and Davis Boulevard intersection. She suggested the city construct a park/playground with a small retail and restaurant to complement the existing community garden. A.5 PUBLIC COMMENTS Mr. Austin Sanders (representing Fire Fighters' Association), 5726 Pollys Way, Fort Worth, Texas, spoke in favor of renaming City Hall for T. Oscar Trevino. Mr. Daniel Beltran, 7012 Turner Terrace, spoke in favor of naming City Hall for Mr. March 25, 2024 City Council Meeting Minutes Page 5 of 13 Trevino and the Iron Horse Pavilion for Brent Barrow. Mr. Beltran had a letter of support from Niki's business owner Mike Neziri for naming City Hall for Oscar Trevino. Mr. Don Tipps, 6771 Tabor Street, spoke in favor of placing Oscar Trevino's name on the City Hall building. Ms. Kathy Luppy, 6856 Richfield Drive, spoke in favor of City Hall bearing Oscar Trevino's name. Ms. Tracye Lewis, 6504 Woodcreek Lane, spoke in support of naming City Hall for Mayor Trevino. Mr. Tom Harris, 8040 Valley Drive, spoke in favor of having Mayor Trevino's name on the door to City Hall. Mr. Tom Lombard, 7105 Harlan Drive, Rockwall, Texas, spoke in support of naming City Hall for Mayor Trevino. Mr. Josh Neiswender, 2509 Texan Drive, Haslet, Texas, read a letter of support from Jimmy Perdue for placing Oscar Trevino's name on City Hall. Mr. Larry Cunningham, 6213 Riviera Drive, spoke in support of the City Hall area to be T. Oscar Trevino Municipal Complex as recommended by the Naming Board. Mr. Sean Nutt, 7905 Kandy Lane, stated that he is opposed to naming City Hall after any one individual. He clarified that he is not opposed to honoring Mayor Trevino, his opposition is with the timing and asked City Council to table the issue until after the election. Ms. Tracy Bennett, 3825 Scruggs Drive, inquired about the subdivision ordinance discussed in work session. She expressed her concern with the proposed changes and recommended action on this item be postponed until after the city election. She also expressed concern with the city manager being the only person who places items on the agenda. Mr. Tim Barth, 8400 Bridge Street, spoke in support of naming the Municipal Complex after Mayor Trevino. Mr. Dustin Black (representing the Police Association), 4716 Catchin Drive, spoke in favor of renaming City Hall after Mayor Trevino. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA March 25, 2024 City Council Meeting Minutes Page 6 of 13 No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUIESKY, SECONDED BY DEPUTY MAYOR PRO TEM TURNAGE TO APPROVE THE CONSENT AGENDA ITEMS, AS PRESENTED. MOTION TO APPROVE CARRIED 7-0. BA APPROVE THE MINUTES OF THE MARCH 4, 2024 CITY COUNCIL MEETING. B.2 AUTHORIZE PURCHASE AGREEMENTS WITH MULTIPLE VENDORS FOR NRH2O FOOD SERVICE PRODUCTS FOR RESALE IN AN AMOUNT NOT TO EXCEED $260,000. B.3 APPROVE SERVICES AGREEMENT WITH NASSER OZZIE, DBA NTX UMPIRE ASSOCIATION, FOR PROVIDING UMPIRE AND FIELD ATTENDANT TRAINING, CERTIFICATION, SCHEDULING AND PAYMENT PROCESSING SERVICES FOR ADULT SOFTBALL AND KICKBALL LEAGUES IN AN AMOUNT NOT TO EXCEED $91,000 FOR FY2024. B.4 AUTHORIZE THE PURCHASE OF A BACKUP DISPATCH CONSOLE FROM MOTOROLA SOLUTIONS, THROUGH TEXAS DIR-TSO-4101 COOPERATIVE CONTRACT IN THE AMOUNT OF $164,589 USING THE OFFICE OF THE GOVERNOR'S FY2022 JUSTICE ASSISTANCE GRANT PROGRAM COMMUNICATIONS CENTER DISPATCH CONSOLE GRANT #4734101 FUNDS. B.5 AUTHORIZE PAYMENT TO MOTOROLA SOLUTIONS, INC. FOR PUBLIC SAFETY RADIOS AND RADIO ACCESSORIES FOR AN AMOUNT NOT TO EXCEED $150,000, USING HOUSTON-GALVESTON AREA COUNCIL (HGAC) COOPERATIVE AGREEMENT HGAC RA05-21. B.6 PLAT24-0059 CONSIDERATION OF A REQUEST FROM CARLOS REYES FOR A FINAL PLAT OF LOT 12, BLOCK A, JOHN'S ADDITION, BEING 0.944 ACRES LOCATED AT 8301 CARDINAL LANE. B.7 AUTHORIZE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR THE SOLID WASTE GRANT PROGRAM. March 25, 2024 City Council Meeting Minutes Page 7 of 13 B.8 APPROVE AWARD OF RFB #24-012 TO CGC GENERAL CONTRACTOR'S INC. TO CONVERT THE EXISTING VOLLEYBALL COURT LOCATED BY BEACHSIDE BAY INTO A CABANA VILLAGE IN THE AMOUNT OF $259,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONSTRUCTION AGREEMENT. B.9 AUTHORIZE THE CITY MANAGER TO EXECUTE A SIX-YEAR AGREEMENT WITH TIBURON LOCKERS, INC. FOR THE RENTAL AND MAINTENANCE OF ELECTRONIC LOCKERS AT NRH2O FAMILY WATER PARK. B.10 AUTHORIZE THE CITY MANAGER TO EXECUTE A 52-MONTH LEASE PURCHASE AGREEMENT WITH CLUB CAR LLC FOR GOLF CARS FOR IRON HORSE GOLF COURSE IN THE AMOUNT OF $752,351.22 USING A SOURCEWELL COOPERATIVE AGREEMENT. C. PUBLIC HEARINGS CA ZC23-0088, ORDINANCE NO. 3845, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TX THRIFT LLC FOR A SPECIAL USE PERMIT FOR A SECONDHAND GOODS DEALER AT 6246 RUFE SNOW DRIVE, BEING 3.93 ACRES DESCRIBED AS LOT 4R, BLOCK 1, NORTHLAND SHOPPING CENTER 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 secondhand goods dealer for 3.93 acres located at 6246 Rufe Snow Drive. 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. Applicant representative Dave Kloeber, CEO of Eco Thrift, 7949 East Acoma Drive,Scottsdale, AZ presented the request. He provided background information on Eco Thrift which has been in business for 40+ years. They have 19 locations in five states. If approved, the location would employ 40-50 employees. Eco Thrift partners with Vietnam Veterans, Disabled American Veterans (DAV) Department of Texas and Epilepsy Tomorrow. Mr. Kloeber clarified that Eco Thrift does not accept public donations or furniture. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their March 7, 2024 meeting, recommended approval with a vote of 4-0. March 25, 2024 City Council Meeting Minutes Page 8 of 13 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. City Council and staff discussed the request. A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3845. MOTION TO APPROVE CARRIED 6-1; WITH COUNCIL MEMBER WRIGHT OUIESKY VOTING AGAINST. D. PLANNING AND DEVELOPMENT D.1 PLAT24-0060 CONSIDERATION OF A REQUEST FROM WESTWOOD PROFESSIONAL SERVICES FOR A PRELIMINARY PLAT OF THE MEADOW, BEING 29.553 ACRES LOCATED AT THE SOUTHEAST CORNER OF RUFE SNOW DRIVE AND BURSEY ROAD. APPROVED Mr. Comstock informed City Council the applicant is requesting a preliminary plat for 29.553 acres located at the southeast corner of Rufe Snow Drive and Bursey Road. The area is designated on the Comprehensive Land Use Plan as retail commercial on the Rufe Snow Drive frontage, with the remainder designated as low density residential and the current zoning is R-PD, residential planned development, and C-1, commercial. Mr. Comstock provided site photos of the property. Developer representative Matthew Leed, Westwood 2901 , Dallas Parkway, Plano, Texas shared that the zoning was approved by City Council in 2002. The proposed development includes 93 single-family residential lots. He commented that they worked with staff to address comments. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their March 7, 2024 meeting, recommended approval with the conditions outlined in the Development Review Committee comments with a vote of 4-0. March 25, 2024 City Council Meeting Minutes Page 9 of 13 A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY MAYOR PRO TEM DEUPREE TO APPROVE PLAT24-0060 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 7-0. E. PUBLIC WORKS EA CONSIDER A PROFESSIONAL SERVICES AGREEMENT WITH BAIRD HAMPTON & BROWN, INC., FOR ENGINEERING DESIGN SERVICES IN AN AMOUNT NOT TO EXCEED $54,500 FOR THE MISCELLANEOUS DRAINAGE IMPROVEMENTS FY24 PROJECT (DR2401). APPROVED Assistant City Manager Caroline Waggoner presented the item. The request before City Council is to consider a professional services agreement for engineering services for miscellaneous drainage improvements adopted in the Fiscal Year 2023-2024 budget. A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BAIRD HAMPTON & BROWN, INC., FOR ENGINEERING DESIGN SERVICES IN AN AMOUNT NOT TO EXCEED $54,500 FOR THE MISCELLANEOUS DRAINAGE IMPROVEMENTS FY24 PROJECT(DR2401). MOTION TO APPROVE CARRIED 7-0. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Mayor Pro Tern Deupree made the following announcements. Get your Easter baskets ready! NRH Parks & Recreation will be holding pop-up Easter Egg hunts at six park locations this Wednesday, Thursday, and Friday. The locations will be announced each morning on the Parks & Recreation webpage and social media accounts. Please contact the Parks Department with any questions. Keep NRH Beautiful invites the community to a DIY Composting class this Thursday in the community room at the Library. The free class will be taught by a Tarrant County Master Gardener and Master Composter, starting at 6.00 p.m. March 25, 2024 City Council Meeting Minutes Page 10 of 13 'Round the Town monthly bicycle rides and hikes return on Tuesday, April 2, 2024. Each month, NRH Parks & Recreation will lead the community in a 9 to 12-mile bicycle ride and a one to two-mile hike. Everyone is welcome to bike or hike. Please visit the city's website or contact the Parks Department for more details. Kudos Korner - Grant Victorious in the Police Department - A resident emailed appreciation for Officer Victorious who took time during his patrol to pass out stickers to the kids in the apartments where she lives. "I appreciate him taking a few extra minutes to make their night," she said. F. GENERAL ITEMS F.1 CONSIDER RECOMMENDATIONS OF THE NAMING BOARD FOR REQUESTS RECEIVED FOR BRUCE JACOBSON, STAN GERTZ, SHANNON BRUCE, BRENT BARROW AND OSCAR TREVINO. APPROVED Mayor Trevino announced that he is recusing himself from discussion on item F.1 and left the meeting at 8.41 p.m. Mayor Pro Tern Deupree called on Naming Board Chair Council member Rodriguez to introduce the item. Council member Rodriguez shared that the Naming Board met on February 26 and March 4 to consider requests received by City Manager Mark Hindman to name various city facilities for members of the community. Council member Rodriguez summarized the requests received on behalf of Dr. Bruce Jacobsen, former Fire Chief Stan Gertz, Shannon Bruce, former Council member Brent Barrow and Mayor Oscar Trevino. The Naming Board recommends the following (1) city staff approach the hospital to request the green space area off City Point Drive, which is owned by the hospital and leased to the city, to create a walking trail and open space amenities (constructed by Centurion American) to be named after Dr. Bruce Jacobsen; (2) the Fire Department choose a training or community room to name for Mr. Gertz; (3) no recommendation to name a city facility for Shannon Bruce. The Board believes the best way to honor her service as a teacher and counselor is for the Birdville Independent School District to consider naming a school facility in her memory; (4) the Iron Horse Golf Course Pavilion be named the Brent Barrow Pavilion after former Council member Barrow and to seek input from the Parks and Recreation Board prior to the City Council's official consideration; and (5) naming City Hall the T. Oscar Trevino Municipal Center in honor of Mayor Trevino's outstanding leadership and service to the City of North Richland Hills. A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM VAUGHN TO APPROVE THE NAMING OF ANY CITY FACILITY, WITH THE EXCEPTION OF CITY HALL OR MUNICIPAL March 25, 2024 City Council Meeting Minutes Page 11 of 13 COMPLEX, AFTER T. OSCAR TREVINO, IN THE HONOR OF MORE THAN 25 YEARS OF LEADERSHIP AND SERVICE MAYOR TREVINO HAS DEDICATED TO THE CITY OF NORTH RICHLAND HILLS AND THE NORTH TEXAS REGION. THE MOTION FAILED DUE TO NO SECOND. Mayor Pro Tern Deupree announced the motion died due to lack of a second. A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM VAUGHN TO APPROVE THE RECOMMENDATIONS OF THE NAMING BOARD RELATED TO THE REQUESTS RECEIVED FOR NAMING FACILITIES FOR DR. BRUCE JACOBSEN, FORMER FIRE CHIEF STAN GERTZ AND SHANNON BRUCE. City Manager Mark Hindman clarified the action requested this evening is for the naming of City Hall. A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM VAUGHN TO POSTPONE THE DECISION ON NAMING T. OSCAR TREVINO UNTIL JUNE. THE MOTION FAILED DUE TO NO SECOND. Mayor Pro Tern Deupree announced the motion died due to lack of a second. A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER COMPTON TO NAME THE CITY COMPLEX TO T. OSCAR TREVINO MUNICIPAL CENTER IN HONOR OF MORE THAN 25 YEARS OF LEADERSHIP SERVICE MAYOR TREVINO HAS DEDICATED TO THE CITY OF NORTH RICHLAND HILLS AND NORTH TEXAS REGION. City Council discussed the recommendation of the Naming Board. Deputy Mayor Pro Tern Turnage called for the question, seconded by Council member Compton [Wright Oujesky]. The motion carried with a vote of 7-0. DEPUTY MAYOR PRO TEM TURNAGE RESTATED HIS MOTION TO APPROVE THE NAMING OF THE NORTH RICHLAND HILLS CITY HALL COMPLEX TO BE THE T. OSCAR TREVINO MUNICIPAL CENTER. 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 Pro Tern Deupree announced that City Council did not convene into Executive March 25, 2024 City Council Meeting Minutes Page 12 of 13 Session. I. ADJOURNMENT Mayor Pro Tern Deupree adjourned the meeting at 9.14 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer March 25, 2024 City Council Meeting Minutes Page 13 of 13 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 2024 SUBJECT: PLAT24-0061 Consideration of a request from Herbert S. Beasley Land Surveyors LP for an amended plat of Lot 5RA1, Block 3, Industrial Park Addition, being 3.483 acres located at 6401 Wuliger Way. PRESENTER: Clayton Comstock, Managing Director of Development Services SUMMARY: On behalf of Providence Properties LLC, Herbert S. Beasley Land Surveyors LP is requesting approval of an amended plat of Lot 5RA1, Block 3, Industrial Park Addition. The property is located at 6401 Wuliger Way. GENERAL DESCRIPTION: The plat consists of one lot located at the northwest corner of Browning Drive and Wuliger Way. The lot was created by a replat in 2023 (Case PLAT23-0035). The amended plat was submitted at the request of the City of North Richland Hills to correct the width of a sanitary sewer easement adjacent to the west property line. The amended plat would make the following revisions to the previous plat. 1. The width of the sanitary sewer easement is changed from fifteen (15) feet to ten (10) feet. 2. A standard plat note is added that states the purpose for the amended plat. The plat does not alter or remove any recorded covenants or restrictions, if any, on the property. LAND USE PLAN: This area is designated on the Land Use Plan as Industrial. This designation provides for research and development, light industrial, assembly, warehousing, and other industrial uses. CURRENT ZONING: The property is currently zoned 1-2 (Medium Industrial). This district is intended to provide for a wide range of manufacturing, wholesale, and service type uses. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. "K NOKTH KICHLAND HILLS ® i Browning Drive C21J Major Collector Suburban Neighborhood 2-lane undivided roadway 68-foot right-of-way width Wuliger Way Local Road Local Road 2-lane undivided roadway 50-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH 1-2(Medium Industrial) Industrial Tyson Foods processing plant WEST R-2(Single-Family Residential) Low Density Residential Single-family residences SOUTH PD(Planned Development) High Density Residential Apartments(Bluffs at Iron Horse) EAST 1-2(Medium Industrial) Industrial Industrial and warehousing uses PLAT STATUS: The property is currently platted as a portion of Lot 5RA1, Block 3, Industrial Park Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will consider this plat at the April 4, 2024, meeting. Staff will brief City Council of their action at the April 8, 2024, meeting. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. RECOMMENDATION: Approve PLAT24-0061. � o W PINEHURST ` to z e� �r = W Q... 6F9y6�cr C7, u uu _,... �:... .. .... ZD Q01 � INVERNESS t BROW�ING �©{ F'Q DISCLAIMER:This product Is for Informational purposes and nay not N have been prepared for or be sultabie for legal,engmee ring,or sury eying n Purposes.It does not represent an on-the-ground survey and represents N\ Feet only the approxate im relative location of property boundaries. 0 100 200 400 600 S00 u h a j r°/1 ;".; t x � ,"� .g l� rl i �/' '6b* '�\� r'�• ypa°J'. ` r > Ic r U � D r r / Aa✓/�1r r, r n "'� � xyMy /l r � �i /r%Il�flllj����ti'lli, ';., �/ y r"".��' n/e -/P�* ii� %�� „�� .� �•.��,�1 l ,, ror � f;(' /��nJ ru,, � jiNM / ///l,/�J/I/���llll✓�i e/rr ��ir(��irl���,�/ ��4Y f;',�,Y.yf � %' i� �/%��,d' ��/r �������,, �,1,' �� 6��/����� � A �. �i � �" � P �✓/,l�� � H ¢v./ N '�l b /f�5'M��f�fi /f�''�/1 ba F�� //� jW���l/YYGI �Jr��t, �4:i ,i,��o%�/���/� p ��r �'m'�/b -a��/�. ' t''" ��l i /f(C�✓fA'°���` •o� ;� /� � /.� �� %%�., h' µ..':, ' ,,. ;...: „='r r ';� ; 1 y a k(j/ � .,r 6 ✓ '� 's'y r,Ry// 1� „ 'l'/ PP DISCLAIMER_This product is for iirformational purposes aid may not N have been prepared for or be sultabie for legal,engineer i ng,orsurveying n Purposes.It does not represent an on-the-ground survey and representsN\ Feet only the approximate relative location of property boundaries. 0 100 200 400 600 S00 I I I I 0 �r I II SITE 19 I..ot,Aft1,Hlk 5 a fn duet'nal Park Ad ditlo+'i CaG.A Sid.6008 A 4 9tt wrvws oa. \ m I'_h_IC I'_ isuED'iry r NEmsr�,rninnd Hies ,s'ele o-n utinrye V_5118,P.266 &itignt sop L25o_f D.R T C r CCA D21231 46 5,C b _—— S 89-31'34"E a 15 WE by caG.A,sm-6008 14 coa —..13 /�� 129.62' 17�as 611.24' Msl rz a I I \ 15 Iron Horse Addition of Pha^e II / I� - Tozc,s Midstr¢am Gas Services vice'rr mnp Cob_A Sld.8326 �......_ ea oo V Sib,E44/5 I)�R.I'.C.I'. P.H_1.CI Ts 16 N .— SX fl^IdRF T 90,P.8 x rya I C R. T 40 Drolnoge T.osemCasement&RIgG t—oP....woy � ity ar Norm Rixblar�d Hms� 1esco o v.l4146,P.,zo.D.R.T.C.T. V 6508,P25 r aR.Tc.T. N LOT 5RA2, BLOCK 3 Pebble Reoen Ct- i2 11 z �e, �� CC#D223078046 D.R.T.C.T. ema rid I N Texas Midstream Sas Services — 11 I -20'eaaement x P.ignt 10 or � �� � � wry Agreement �150' No Build Easement CCg D21 22771 7 5,D.R.T.C.T. e � I Z I I 4,°Stl s w 9 / 7'.� 1200.' Ism �( I 6 5 yI- �� 6Y n3g8 t9 R8@ _ I 8 S 3T59 24. E 4.94' ,/s IRs �s g �- S 24 m a 4- 4 I A) I P 26>,5q, s / J S10'W'd Sanitary Texas M'd t=om Gas S ¢s m 1r meet- 20 C meet&R, Of (b m Pl s 11 (by Film) ,0 cc#D212271175,o R"r.c.T" 6 Inverness Dr p .— I I o.R.rm_o.nT & rgnt-ot Wo Ese 2e Wiv 0,P.25 LOT 5RA1, BLOCK 3 n on 3.483 Acres 151,714 SF 2 Cab A, d.118326 .� 3. n- R T C T M 0=25'22'25" I P.R T T o.P.8 L 34'18'50" / �_� 10'uE R-179.23 / c "=0=I2 Y a-1 a oo'oo" s05 o Ng 6994021.60 R=466.00 Eg 2953323.08 L 146.40 �sj<va POINT 1 LAT 250'55.55" LC-S 80'37'37" W L..ON 9714'48-62" 145.80 ab. 11rlAwA`� 5 01'3�,30 OR o, ol\NO — ,as2.7 \��--__ gR0 NO xm�a r_ 66.48' 113�'xi w Eq_ m 89.37'37" W a — LA 01 em' S89'x737'yy....x — Lot 1,Cil—1 n Horse Cab.A,SI d.6180 / P.R.TCT. / 1/2 # NOTES // CM—Control Monument. The subject property i5 nOt graphically dipicted in areas / IRF-Iron Rod Toand. subject to undaflon by fhe 19 annual chance flood 3one Iris-Iron rdoa sec AE (base flood elevations determined,) Zone X (Areas of stamped RPLS Se'— 0.2%annual chance flood', a of 1%annual chance flood 55-Sane Cory Sewer'6066 Esmt. SD-5'torTn TiroTn Fsmk with average depths of less than 1 foot o with drainage � uE-utnity E= areas less thon 1 square mild; and areas protected by NIE-W t-Esmt. levees from 1%annual chance flood) and zone X(Areas PROVRIAN VPROPCR TIES, LLCRRT3RROT 9. BTAS EY L.F g (ity f N m hrcmand Hue 6PS determined to be outside the 0,2%annral chance flood M met ib 31 Grid b u g ano Sarface astances. plan); a Ord ng to the Notional Mood Insurance Program 3001 S. HARDIN BLVD, STE:110 P_0 BOX 8873 Gud Seale Ea�tor_ u9g9a.,311775 Mood Insurance Rate Map of Tarrant. County, Texas and MCKIN NEY, TEXAS 75070 FORT WORTH, TEXAS, 7E s0 Incorporated areas, Map No- 48439C0095L, Community-Panel PH: (214)-325-2467 PH Si/ 429 0194 o s0 100 .�,.� No 480599 0951..., dated March 21, 2019- CONTACT: JOHN BARR CONTACT: DICK S. JONE SCALE 1" 50' EMAIL nsbeasley@n—c "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 2024 SUBJECT: ZC24-0096, Ordinance No. 3846, Public hearing and consideration of a request from Blue Mound Cafe for a special use permit to allow a deviation from the luminous tube lighting standards at 6455 Hilltop Drive, being 2.13 acres described as Lot 2, Block 3, Tapp Addition. WITHDRAWN BY THE PROPERTY OWNER. PRESENTER: Clayton Comstock, Managing Director of Development Services SUMMARY: Following notification of the public hearing, the property owner of the subject property requested to withdraw this application. No action is required of City Council on this item. RECOMMENDATION: Announce that the application has been withdrawn by the property owner and that no action is needed by City Council. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 2024 SUBJECT: Authorize the City Manager to execute a contract with Garrett Demolition, Inc. for the demolition of the Green Extreme attraction at NRH2O Family Waterpark, in accordance with RFB 24-011, in the amount of$86,700. PRESENTER: Adrien Pekurney, Director Parks and Recreation SUMMARY: This item is to award a contract to Garrett Demolition, Inc. for the demolition of the Green Extreme attraction at NRH2O Family Waterpark. GENERAL DESCRIPTION: The project's scope involves the removal and proper disposal of the current Green Extreme fiberglass, steel columns, plumbing, and rescue towers that won't be utilized in constructing the new attraction. The demolition is scheduled to be completed prior to the start of NRH2O's 2024 season and will not impact the park's regular operations. The city received two bids from qualified contractors on March 22, 2024. Garrett Demolition was the lowest qualified bidder for this project and submitted a project completion timeline that best suits the water park operational schedule. Bomberos Dirt Work, LLC $550,000 90 arrett D6rriolitio'n,,Inc $ 86,700,, 16 RECOMMENDATION: Authorize the City Manager to execute a contract with Garrett Demolition, Inc. for the demolition of the Green Extreme attraction at NRH2O Family Waterpark, in accordance with RFB 24-011, in the amount of$86,700. s CONSTRUCTION AGREEMENT THIS T UCI ENT is made and entered by andbetween ., (hereinafter referred to as "Contractor"), and the CITY OF NORTH TEXAS,RICHLAND HILLS, a municipal corporation (hereinafter referred to as "City'), to be effective from and after the date hereinafter provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be'obtained hereby,the parties hereto agree as follows: 1. e parties agree that the contract documents shall consist of the following: 1. This signed Construction Agreement; 2. General Conditions of Bid#2 - 11; 3. Project Conditions of Bid#2 - 11; . Contractor's Bid Form; 5. Contractor's 125 Form; 6. Slide Demolition Plan; 7. The following listed and numbered addenda: Addend #1,Addendum#2; . PaymentBond; 9. InsuranceCertificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. THE WORKS 11. Contractor shall provide all labor, supervision, materials and equipment necessary to perform all work required by the contract documents in connection with the construction of NRH20 Greenlace —Slide Demolition, i #2 - 11. TIME OF COMMENCEMENT; COMPLETION . Contractor shall commence work within ten(1 )calendar days after receiving from City a Notice to Proceed. Contractor agrees that all work hereunder shall be complete within 16 calendar days from Notice to Proceed which will be the date of Substantial Completion. CONTRACT SUM Constructi Hts re ernent(Parks and Recreation),Page 1 of 3 CA-CONTRACT NO.PAR0003_20201120 Initial V. The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents,the amount of EIGHTY-SIX THOUSAND, SEVEN HUNDRED DOLLARS ($86,700.00). Payment will be due upon completion of work and acceptance of the work by the City. CHOICE OF LAW; VENUE V. The parties agree that the taws of the State of Texas shall govern the interpretation,validity, performance and enforcement of this construction agreement,and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas.No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between the parties, the prevailing party shall be entitled to reasonable attorney's fees that are necessary,equitable and just, in accordance with applicable law,and as awarded by a court of competent jurisdiction. INSURANCE V . The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of Bid 924-011, with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT VII. This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. EFFECTIVE DATE Vill. This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. Construction tent(Parks and Recreation),Page 2 of 3 CA-CONTRACT NO.PAR0003_20201120 Initial Here IN WITNESS WHEREOF, the parties have exec cited this construction agreement upon the year and to indicated beneath their signatiires hereto. CITE'OF NORTH RICHLAND HILLS GARRETT DEMOLITION,INC. Y: Y: City Manager April Ccrl!.lrxrar DATE: Tril : S c:r tarviTreasurer DATE;: A"I"TEs"I": A"I'TES TITLE: AAlicia. iclraardscrrr, City Secretary/Chief Gov rnance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action Y/ Late Approved Agenda No.-Ord/ties No. Cara I.,eaby White, Interim City Attnr 'y caamastructio u i(rtiado and Rmi aatiaaaa),]Pap 3 of 3 C:."dt 4 O N'r"RF4,1';T'DNO. rPA.rB0003....20201120 Initial ire GENERAL CONDITIONS In submitting this bid,the Bidder understands and agrees to be bound by the following terms and editions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, Tecifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written cane orders approved and signed by a city official with authority to do son All shall have equal weight and be deemed a part of the entire contract If there is a conflict bet cen contract documents,the provision more favorable to the City shall pre ail, Im BID TIME It shall be the responsibility of each Bidder to entire hislher bid are submitted to the Public Purchase cbsite on or before IO A.M. °fanesdanl. March_VL 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 arc to be returned completely filled out, totaled, and signed, The City of North Richland Mills will not accept any bid documents other than the attached, Kids 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&er bid has been carefully reviewed checked and that it is in all things true and accurate and free of mistakes,.Bidder agrees that a bid price may not be withdmwn or canceled by the bidder for a period of"ninety( days following,the date designated for the receipt of bids. 3. IRREGULAR BIDS OPOSALS/ UOT ES Bids will be considered,irregular if they shoes any ornissions,alterations of f, ,additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However,er,the City of North Richland Hills reserves the right to waive any irregularities to make the award in the best interest of the City. ® REJECTIONIDISQUALIFICATION Bidders will be diu,ualified and/or their bids rjectedamong other reasons,for any of the specific reasons list low: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among tine Bidders; c:) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d the bidder,snub-contractor or supplier is in litigation with the City of forth Richland Hills or where such litigation is cx)ntemplated 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 k of competency as revealed, by reference checks, financial statement, experience d equipment.,questionnaires,or qualification statement; y Bid containing special conditions, clauses, alterations, items not called for or irreWilarities 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 to 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. ® 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. ® DELIVERYIACCEPTANCE 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 per-formance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of No 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 tic bid.State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved,tic 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 to "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 hisfher 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. 1 ® REFERENCES A minimum ofthree (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 Noemployee 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 termsof Specifications shall bcabasis 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 e 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 y either party upon written thirty (3 )days' notice prior to cancellation without cause. 7. ATTORNEYS FEES Neither party 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 alto ey's fees are hereby WAIVED. . INDEMNITY City shall not be liable responsible for, and shall be saved and held harmless by Contractor from ai y and allsuits, actions, losses, damages. claims, or liability y character, si do , including claicopyright and patent infringement, including all expenses of litigation,court costs,and attorney's fees for Injury or death to any person,or injury to any ,,received or sustained y any person or persons or property, arisingt of, or occasionedy, directly o indirectly, r Contractor under this ,including claims damages arising in part from e negligence of Citv, i however,waiving anv governmental immunity available tote CITY under Texas law and withoutwaiving any defenses of the partiesa law.The provisions of this indemnification solely for the benefit `es hereto and not intended to create or grant any rights,contractual or oter ise,to any other person or entity. It is the expressed intent of the i to this Agreement that the indemnity provi for in i section is an Indemnity e e y Contractor to Indemnify and protect City from consequences of Ci 's own negligence, provided, however, that the indemnity rovi a for in thisshall apply only when the negligent act of City is a contributory cause of the resultant e, and shall have no application when the negligenti is the sole cause of the resultant injury, death,or damage,unmixed with legal fault ter person or entity. co further e e ,at its own expense, i in the name of City, y claim or litigation in connection wit y such injury,, death, o damage. e Contractor will secure and maintainc { iliy insurance to covert i indemnification agreeme t that will be primary and noncontributorys 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 S 1 OiOl,000,the Contractor shall be required to execute a performance bond in the amount of one hundred(l )percent of the total contract price;if the total contract amount exceeds, 0, the contractor,shall be required to execute a payment.bond in the amount of one hundred(1 )percent of the total contact price,each in standard forms for this purpose, guarantecing faithfuut, pertommce of work and guaranteeing payment to all per.wns supply labor and materials or furnishing y 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 fumishedand 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 d current copy of their power of attorney. 20. LNTEEtL CAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing inteflocal cooperation agreements with the City of North Richland Hills. [ (. Y'es,we agree No,we do not agree 21. ELECTRONIC PROCUREMENT Toe City of North Richland Hills has adopted policies and procedures complying with Local Govermnent Code Se Lion 2 2.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive subin.ittals in electronic form in response to procurement requests. However a bid that is submitted n -el ically byy the du date and time will be accepted and then entered electronically by Purchasing after the bid opening,. 22. COMPLIANCE Vendor agrees per HJ3 89 of the 85th Texas Legislativc Session, and in accordance with Chapter 2270 of the Texas Government Code,vendor has not and shall not boycott Israel at y time while providing products or services to the City of North Richland bills. I Yes,we agree No,we do not agree ® COMPLIANCE IA►NC 2; Vendor agrees per SB 252 ofthe 850' "rexas Legislative ,Session, and in accordance, with Chapter 2252 of die Texas Clovrerrunent Code,vendor shall not do bwsiness with Imn,Sudan or a foreign terrorist organi7ation while providing products or services to the City of North Richland Hills. [y]Yes,we agree No,we do not agree y selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not suu ject to the contract prohibition 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 goads or services. ® ETHICS AND COMPLIANCE ODIC Y The C";ity's.Ethics and Corrnprliancc policy can be found at The City of North Richland Hills Pi nthasin.pp Division web page - Or you may request a copy from the Purchasing Division. chino led in -The City of North Richland Hills'Internal Ethics and Compliance policy has been made available to rne° 1 understand the expectations of ethical behavior and compliance with the law,and agree to adhere to the City"s ethics policies. ht�. ... ..pcunnr� cu�r�upn er�ie7Co ililn rs 17fbr ld [XI 1 agree [ I 1 do not agree 25. COMPLIANCE WITH CHAPTER 2274 Pursuant to Chapter 2274, Texas Govcrnment Code, Prohibition on Contracts with Companies Boycotting Certain Energy,Companies,as enacted by S.B. 13,87th Legislature,, the City of North Richland Hills is prohibit ed wing public funds to contract with a for- profit Company defined by Government Code 809.01 who boycotts energy companics. if Seller has more than 10 cinployecs and this Contract has a value of S100,000 or more,by signing this agreernent1contract, the Seller verifies that it does not disc nini to against enffgy canrnpnanies and will not discriminate during the terrors of the Contract By submitting a bad response,Seller certifies compliance with these re puuircunents° 26m COMPLIANCE WITH CHAPTER R 2274 Pursuant to Chapter 2274,u Texas Government Code, Prohibition on Contracts tws with Companies that Discriminate Against Firearm and Ammunition .Industries, as enacted by S.B. 19, 87th Legislature,the City of'NoTth Richland Hills is prohibited from tzinng public funds to contract with a for-profit Company as defined by Chapter 2274,00 1, who discriminates against firearm and ammunition industries. if Seller has at least 10 fall-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,ce, or directive that discrintinates against a firearm entity or fireann trade association and will not discriminate during the term of the Agmement.By submitting a bid response,Seller certifies compliaticc with these requirements, This section does not apply if Seller is a sole-source rrrvider.. 27. DEPARTMENT OF TRANSPORTATION(T. .TICIT '01'he Canty ofNorth Richland Hills,in accordance wifli the provisions of Title V1 of the Civil Rights Act of 1 (78 Stat° 252, 42 U.S.C. §§ 2000d to 2 -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 information, 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 pr►r,sented herein shall rest solely with the bidder. The City of North Richland Hills and its rep►rtesentatives 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 MINIMUMU E 1U 46J .,! EME,. TS C'ontractors performing work on Cityproperty oT public fight-of-way for the City of' North Richland Hills shall prunvide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City cvidencc that all subcontractors perfornting 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. Ali insurance commmies and v es most fte authorized bi the Texas DeDartment of lrrsur mac to traglact business is the NLate of Texas and must be aciMlIble tot the Litt of Nort„b„B1'iclrlur d_I-lills. The following uridleli¢nes are d.esi rued to show the most common minimum insurance requirentents for standard contracts and agreements with the City.Non-standard agreements may require additional vc fie and/or higher limits. Coverage Amounts required for non-standard agreements to be determined by the deparanent and the City Manager,. General Contracts for Services: Service rk,and general maintenance agreements,etc, Commercial General Liability 2 Autornobilc Liability ` , 'orker,.'Com titan Employer's Liability , Payment and Maintenance Bond(if applicable) *See Exhibit A for irnsuumnee language to include is general contracts for services* Proiessianal Services: NA Consultants or other professionals including,accountants,attorneys,architects, ngirne , �� medical prof"cssicnrnals,medical services,etc. Commercial General Liability w;G Automobile Liability Workers'Compensation& Employer's Liability Professional Liability or equivalent Errors & Ormssi ns (appropriate to Co tractor's profession) *See Exhibit B for insurance language to include in professional services rn cts Construction:PIA_Dea;mnofit.ion only.Not emnsinicting anything Building contractors for construction projects. i Commercial General Liability :CAutomobile Liability 1 Workers'Compensation&Employer's Liability Profeswsional Liability(if applicable for design fi .ctio n) II D, ➢ uuild is Risk(required mm° for new or existing property under construction) Payment and auint ce Bond(if applicable) Exhibit C for insurance language to include in construction contracts* Information Technology/Network Access Services: NA For the purchasing sin installation oftechnology-related software d e quipment or contracting services that support,maintain or interact with the C°IT 'S technology Systems. D Commercial GeneM Liability 1 Automobile Liability 1 Workers"Compensation&Employer's liability Pr ofezional Liability(if applicable) Cnyber liability *See P lnibit D for insurance language to include in IT/nctwork access services agreements* Standard Minirrnuur Rnuired I nsurarnnSe Cuverale Insurance TZee Limit Provision City to be listed as additional insured 1, wQ 'i Each Occurrencc and provided 0-day Commercial Creams ral 2„ 0 re aite notice of cancellation Liability or material change in 4covcraor C onstruuetion P^rojeets: 2„C 00, Each C�eeau -rice 4 ( ate nuturnobila Liabili 1, , ki C;anmbirned irn i.e lirnnit Workers'Compensation Texas Statutory Rcquirements subrunpatio n in favor mmf i ..M $50 ,0 injury w.each accident Employer's Liability 500,0f1Cl disease;-each employee �S (? disease� ualie lirmmit Professional Liability(or equivalent Frt-ors Omissions coverage S 1,000 ')0 EEach Occurrence appropriate to the ConjLaz tcar's rrtzfi ssimmra Builder's Rasta(required for new or,existing property iCit to Value under construction) C r L.,iabili 1 gCl00 000 i'acln C)ecuurreance Payment/Maintenance o In accordance with Chapter 225 of the Tesas Government C ode 12 Section Acknowledged EXHIBIT (:llF[tA1G C2DjJHALT&FQH1RY11CS for duration of this Agrcentent,CONTRACTOR shall maintain the f.61lowing rrsinnimurrrs insurance which shall protect CONTRACTOR,,C TOR.,its subcontractors,its sub-consultants and CITY fromclaims for injuries,including acciderntal death,as well as claims for-property d'arna a which may arise from the performance of wcrk under this Agreement. A. Workem' Compensation and Employer's Liability Insurance: Workers'Compensation Texas Statutory Employer's Liability, 351 ,1 innJucry-each accident S500,000 disease v,each employe $500,000 disease- tliey limit B. C:orrtrnnereial General Liability: On an"occurrence"basis,including,property damage,bodily injury,products and completed ed operation and personal&advcrtising 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'°fClR has no owned autos,covering hired and non-owtsed autos with s Combined Single Limit no less than$1,0(9),000 per accident for bodily injury. and property damage. it°ssuramnce limits can be met with a combination of primary d enncess/urnbrella coven°age° 11he 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. waiver of subroption in favor of the CITY, its officers, officials and employccs shall be contained in the Workers'Compensation insumnce policy. Policies of insurance,shall not be cancelled non-renewed,terTninatcd,or materially changed unless and until thirty(3days'notice has been givento C°i"1:y. All insurance shall be issued by responsible insurance companies eligible to do business, in the State of Texan and having an A.M.Best Financial rating of A,,,. i or better. CONTRACTOR,TOR,shall lbrrsish the CITY rti cate s of insurance affcctinng coverage required. The certificates for each insurance policy are to be siped by a person authorized that insurer to bind coverage on its behalf. Certificates of Insurancc must be submitted on a fonn 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 Section NA EXHIBIT B 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 perfon-nance 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 S 1,000,000 per occurrence and S2,000,000 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-rcn ewe d,ten-ninated,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 !:QD1&17RJ1C TL0N For the duration of this Agreement,CONTRACTOR shall maintain the following minimum ins nee which shall protect,CONTRAMDR,its subcontractors"its sub-consultants and Crl7Y liom claims for injuries"including accidental death,as well as from claims for property damage.,which may arise from the performance of work this Agreement, A. Wor crs'Compen don and Employer's Liability Insurance: Workers'Compensation Texas Statuwry mployer"s Liability $500,000 injury each accident m0013 diseaseeach employee llll,f 00 di aw-policy limit B. Commercial Generall Liability: On an "occurrence" is, including„ property damage, bodily injury,, products and cu pleted operations and personal & advertising injury with limits no less than $2,000,000 per OCCWTencc and S4,000,000 aggregate. C. Automobile Liability. Covering any auto,or if CONTRACTOR has no owned autos,covering hired and non- owned autos with s Combined Single Limit no less 1,000,000 accident for bodily injury and property darnage. D. Professional Liability(if contract involycs dlesi work) CONTRACTOR TRAC°IO shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S prof ssion"with a limit no less than S 1,000,000 currence or claim E. Builder's disk CONTRACTOR shall maintain Builder's Risk Insurance providing Alit- .is p ial Perils)coverage in an amount equal to one hundred perccnt(100%)of the completed value of the project in queslion and no coinsurance penalty provisions, The policy shall list the Crff as lass payee as their interests may appear. Insurance limits can be met with a combination of primary and es, ,.s/uumbrella coverage, e CITY, its officers,officials and eniployees arc 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 CONTRAC110R. waiver of su. ation in favor of the CITY, its officers, officials and employees shall be contained in the Worluem'Compensation insurance policy, 17 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 arc to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a forrn 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 Government Code. 18 Section NA EXHIBIT D INFO&MATIQN 1 L ? T'V°QRK aSERVICES For the duration of this Agreement,CONTRACTOR shall maintain the following miar°. urrr'n insurimcc which shall protect CONTRACTOR,its subcontractors,its sub-consultants and CITY m claims for ianj Ties,including accidental death,as well as m claims for property,damage which may arise from the perfonnance of work under this Agreement. A. Workers'Compensation andEmployer's Lieb:ility Insurance: Workers'Compensation Texas Statutory ''rrr layer"s Liability $500,000 injury-each accident $S ,0 disease_each employee $500,000 disease-policy limit B. Commercial General L iability: On an "unccanrrerncc" bewsis, including, property daamagc, badily irujunr, pruadurcts and completed operations and personal & advertising irJury with limits no less than 1,000,000 per occurrence and$ , 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,C.11'l0,00 accident for bodily injury and property damage, D. Prolemio na.l liability(Errors and C? °ssicrn ) If appropriate for CONTRACTOR'S OR'S work, l°+6 l ACTQ"M shall maintain Professional liability(or equivalent)errors and omissions insurance appropriate to the CONTRACTOR'S profession,,with a limit no less than S 1„0010,000 per occurrence or claim. E. CybeT liability CONTRACTOR shall maairntaunn - liability (or equivalent) insurance. Such insurance shall provide limits of no less than S1,000,0001 per occurrence. C'oNrcra e shall bcsufficiently broad to res°perrd to the duties and obligations as undertaken by the Insurance limits can be met with a combination of primary and e ecssfu mbrella coverage, The CITY, its officers,officials and employces are to be cover as"Additional Insured"on the commercial gcneml liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the(7ONTRAC,TOR. A. waiver f subrogation in favor of the CITY, its cnf lc�r�rs, of cials and employm shall be containedin theWorkers'Compensation irnsumauce policryr. 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 Section NA Other fisurana,Rggu ire ments-To Be Included As Agglicable 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 Urunanncd Aerial Systems (Drones). Coverage must include limits no less than S 1.000,000 per occurrence and$2,000,000 aggregate. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 21 NON-COLLUSIONIBIDDER State f, . . COuntY f ...... ..... w� verifies that: (Name) ' .��.�����r ��� f (i lie/She is � offi cer,° , �mm � tnl r..amm cu s, ' �ii'''�„ � has submitted the attached bad;(Company Name) ( ) He/She as fully inlbrined in respect to the prcpastion,contents and circa stances in r pid, to attached bad- ( ) 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,rtrm or person to submit s collusive or sham bid in connection with attached bid and the juice or prices quoted herein are fair and ro G ZT s )n Seiner PRINTED Subscribed and sworn to before rase this S7a 0 w m _...... _... ._. µ TARY P IC in and for __ Ww.� d. oNotary 10 133147021 County,Texas. y commission expires: & ( ij__ BID CERTIFIC"AnON 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 after 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,undcrstands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: „rj Imt Liff amm-linz-.... ADDRESS: CITY.STATE&ZIP: TELEPHONE: FAX 8 L7:4 ZL- 30-7 EMAIL: SIGNATURE: PRINTED NAME: DATE: 23 Acknowledged COMPLIANCE 1"T11 HOUSE BILL 1295 In 2015, the Texas Legislature adopted Housc 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 govemmental 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 be 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 Commission 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: I) Use the application to enter the required information on 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 may be found at littps;//ww)v,ctf,iics.state,tx.t,ts/what�sneNv/`elf Jnfb-f6rm1295,httn. 24 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Ente rises M 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 recognizxs 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 a urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 Son Jacinto Blvd.,Austin TX 7 701-1416 x 1311K Austin,TX 78711-3196 (512)463- 72 ft:�Lm�j win a v µw usI o tuub/b R u; t flfl North Central Texas Reloonal Certification Agency 624 Six Flags Drive,Suite Arlington,Texas 76011 ( 1 640-0606 If your company is already certified,attach coy of your certification to this form return as part of your packet. Company Names: Representative: Address: City,State, „ Telephone No. _ Fax No. Email address: INDICATE ALL THAT"PLY: Minority-Ow,ned Business Enterprise ................. ... --Women-Owned Business Enterprise Disadvantaged Business Enterprise " e art,not MWBE,but we are SBE 2 CONFLICT OF INTEREST QUEsnONNAIRE 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 Hills 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: f To be considered for award, the Conflict of Interest Questionnaire is required to be completed with dated signature. 26 i CONFLICT OF INTEREST UES IONNAIRE FORM CIO r vendor doing lbusi local governmemal ThIB quastimmako r to u it bskq Ned In&=rdwm wM Meow Ift,Loed Gmwmmt kes t business ralmikowdip as deflned by Smcftn ard. tlt-ml tTd. Be 1om It*Waslaymirs rmO km t WW halmms dad a as he Oft to vmdar beawAs urea tvt fwft 0 I"sumwt fa lrr fed Sm nn I 76.006(m,11 Lacal Gw4wmwo Cods, 175.00k Locat Ga .An offenso under Oft sodkn k 23 mom of vwww who awl a p wNh 16W 9 Garrett [kmolition,Inc a s daffy after Me dwe on whkh t1m ft avinegy RW qu"Umnwns was hcoffow#atr arts.) tow vowstarawn offtw dmm lemm ow wowmwen Is Nww of Mar or or® of Who rrnu 1 , it' Is1 m astoor CompMovApdmAOWBforwwhs"wWywmdorbu*m*mW*nd*d000ibectto A. Ut Who kxW powmment after or a formly membw 0 dem officer uswlMng or IkOy To r Weer then dftwvffmmt ftwo,from the " Yes D 1 �. Is to vwdor w tlT h or 0 the dftdbn ex lamNy mentw d Ilto dkw AND the taxaMe ftmo Re not masmed Imm the Dyes E:1 No as an reffiew or dkodor,am"bMft an . Cho*Oft bw I the 6 vandw hm own to beW gmwnmefd Mw or as ftm4f mw"mfa the dftw one or �.. .. FrmpmAdsd by T&As U ioro rA'h'C*16'4aW.rr.US 11MM15 7 CONFLICT OF INTEREST GUES71ONNAIRE For vendor doing business with local goverriniental entity Acomplete copy of Chapter 176 oft Local Government Code may be found at http:/Avww.statutes.logis.state.tX.us/ Docan-WhImILGI 76.htm.For easy reference,below are some of the sections cited on this form. Lg_c N G 9_M M M M g_ga d a I J 11- -'Business relationship'means aconnection between two or more parties based on commerdal activity of one of the parties. The term does not Include a connection based on: (A)a transaction that is subject to rate or be regulation by of ,state,or local governmental entity or an agency of a federal,sate,or k=sl governmental entity; (9) a transaction conducted at a price and subject to terms available to the public;or (C)a purchase or leass,of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. (a)A local government offlicer shall file a conflicts disclosure statement with respect to a vendor H: (2) the vendor: (A)has an employment or other business relationship with the kwal governmentofficer or a family member of the officer that results In it*officer or family member receiving taxable Income,other than Investment Income,that exceeds$2,500 during the 12-month period preceding the date that the officer becomes more that 0) a contract between the local governmental entity and vendor has been executed: or (11) the local governmental entity is considering entering into a contract with the vendor; (B)has given to the local government officer or a family member of the officer one or more gft that ham an aggregate value of more than$100 In the 12-month period preceding the do*the officer becomes aware that- (1) a contract between the local governmental entity and vendor has been executed;or (H) the local governmental entity Is considering ordering into a contract with the vendor. (a)Avendor shall file aconipleted conflictof interest questionnaire if the vendor hasa business relationship with a local governmental entity and: (1) has an employment or ottw business relationship with a Imal government officer of that local governmentaI entity,or a family memberof to ofter,described by Section 178.003(a)(2)(A)-, (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with to aggregate value swifled by Section 176.003(a)(2)(9),excluding any gM described by Soiction 178.OD3(a-1);or (3) has a family relationship with a ftel government officer of that beef governmental entity, (a-1)The completed conflict of interest questionnaire must be filed with the appropriate records administrator not law than it*seventh business day after the law of: (1) the to that the vendor. (A) begins cliscusslons or negotiations to enter into a cordract with the local governmental entity;or (9)submits to the local governornentel entity an application,response to a request for proposals or bids.correspondence,or another writing related to a potential contract with the local governmeontal entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local governntent officer,or a fardly membw of Me officer,described by Subsection(a). (9)that the vendor has gh"one or more gifts described by Subsection(a);or (C)of a tarrdly relationship with a local government officer. Fom prwAdod by Tax"Eft"CMMIWan WWW.ethics.state.tcus PAW"d 11/30MO15 28 Acknowledged 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 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 or Exception/Proposed Disposition Specification Modification City of NRH Use --------------- Only) City Response: Accepted Not Accepted Modified 29 CONFIDEN'rIALITYCIF PROPRIETARY INFORMATION During the evaluation process of this RFP, to the extent pen-nitted 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 infon-nation 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' info n-nation as confidential to the extent pen-nitted 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 infon-nation in the proposal to be disclosed, it is required to identify all proprietary infon-nation 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 Infon-nation" on which such proprietary infon-nation is found. If the Proposer fails to identify such infon-nation 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 arc advised that the City, to the extent pen-nitted 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 fora Pro poser's response following award of a contract,proprietary infon-nation 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 to of Texas. In the event a request for public infon-nation 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 infon-nation 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 PROJECT coNDiTIONS 1. OWNER AND CONTRACTOR The Owner and Contractor are those persons or organizations identified as such in the Agreement and are referred tothroughout the contract documents as if singular in number and masculine in gender. The Project Manager shall be understood to represent the Owner. The duties, responsibilities and limitations of authority of the Project Manager as the Ownees representative during construction are as set forth in the contract documents and shall not be extended or limited without written consent of the Owner. 2. CONTRACT DOCUMENTS The contract documents shall consist of. The Signed Agreement-, Maintenance, Performance and Payment Bonds (when required); insurance certificate; gencral conditions; project conditions; Specifications; Plans; Addenda and all modifications thereof incorporated in any of the documents before the execution of the agreement. The contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the contract documents, priority of interpretation shall be in the following order:Signed contract agreement,performance and payment bonds,Contractor's proposal,Notice to Contractors,Specifications,Plans,General Conditions,and Project Conditions of Agreement. ® SUB-CONTRACTOR The to Sub-Contractor,as employed herein, shall include only those having direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work,but does not include one who merely furnishes material not so worked. There are limitations on the amount of work that can be subcontracted. This provision prohibits a prime contractor from "brokering" (subletting all contract work). The Contractor is required to submit a request notifying the City of all Subcontractors to be used. 4. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the Corporation for whom it is intended or if delivered at or sent by regular mail to the last business address known to him who gives the notice. 5. WORK The Contractor is responsible for compliance with local, state, and federal regulations. The Contractor shall be responsible for registering with the City's Building Inspections Division and paying the appropriate fee. The Contractor shall obtain all permitting and request all inspections that are necessary for the completion of the work.The City will not charge for its or inspections on this project. Regardless of the project type or location, the contractor will be responsible for filling out a Right of Way construction permit and filing it with Public Works(See attached at end of this document). Additionally, when work is performed in public ROW or easement that affects sewer,water,stonn lines and streets,the contractor shall secure a maintenance bond in the amount of 20%of the value of work that affects the above mentioned infrastructure.Contractor to provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, 31 insurance, and all water, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. All materials shall be new and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 6. SITE OBSERVATION BY PROJECT MANAGER/OWNER'S REPRESENTATIVE The Project Manager/Owner's Representative shall make periodic visits to the site to familiarize him or her with the progress of the executed work and to determine if such work meets the requirements of the specifications and contract documents. Any review of work in progress, or any visit or observation during construction by the Project Manager/Owner's Representative is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed,as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Project Manager/Owner's representative, whether called to the Contractor®s attention or not shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 7® PROGRESS PAYMENTS FOR WORK The Contractor shall submit monthly Applications for Payment to the Project Manager by the last day of the month.on AIA 6702 for approval. Continuation sheets shall be submitted on A Form Gi03. If the Project Manager certifies the application, then they shall submit a Certificate for Payment to the Owner.Materials that are verified to be on the jobsite may also be incorporated into the Application for Payment. The Project Manager shall have seven(7)days from date of receipt from the Contractor of an Application for Payment to approve or reject all or any part of the Application for Payment. The Owner shall pay the undisputed amounts certified by the Project Manager to the Contractor within thirty(30)days of receipt of the Certificate of Payment from the Project Manager, unless otherwise provided in the contract Documents. The contractor must complete and submit a Subcontractor and Material Supplier Payment Certification(second through final application) form prior to the approval of the next month's Certificate for Payment. Five percent (5%)retained earnings will be withheld from payment of completed work and shall be so indicated on each application for payment.The retained earnings will be paid to the Contractor upon final acceptance of the project by the Owner if all subcontractor work and supplier materials furnished for the project are complete and the subcontractors and suppliers final payments have been made in full. The contractor must complete and submit a Subcontractor and Material Supplier Payment Certification fon-n prior to the prqject's final acceptance and payment of the retained earnings. 32 8. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. ne superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor,solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements. Likewise,the Contractor shall be solely responsible for the safety of himself,his employees and other persons,as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Contractor shall be fully and completely liable, at his own expense, for design. construction. installation and use,or non-use,of all temporary supports,shoring,bracing,scaffolding,machinery or equipment, safety precautions or devices. and similar items or devices used by him during construction. 9. CHARACTER OF WORKMEN The Contractor agrees toemploy only orderly and competent men and women, skillful in the performance of the type of work required under this contract: and agrees that whenever the Owner shall inform him in writing that any man or men on the work are, in his opinion® incompetent, unfaithful or disorderly,shall be discharged from the work and shall not again be employed on the work without the Owner's written consent. 10. PRELIMINARY APPROVAL The Project Manager shall not have the power to waive the obligations of this contract for the furnishing of good material,or of his performing good work as herein described in full accordance with the plans and specifications. No failure or omission of the Project Manager to discover,object to or condemn defective work or material shall release the Contractor from obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material;provided,however,that the Project Manager shall,upon request of the Contractor, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or'removed for re-examination by the Project Manager prior to final acceptance. If found not in accordance with the specifications for said work, all expense of removing,re-examination and replacement shall be home by the Contractor. 11.DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any material brought on the job site for use or selected for inw, shall be deemed by the Project Manager as unsuitable or not in conformity with the specifications,the Contractor shall,after receipt of written notice from the Project Manager,remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 33 12®CHANGE ORDERS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after beginning of the construction. without affecting the validity of this contract and the accompanying Performance and Payment Bonds. It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the project Manager. to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent(25%)of the original contract amount. The Contractor shall submit a bid in writing to the Project Manager for approval of the work requested.The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other that by said Contractor. If the Owner approves the bid for the requested change in work, a change order will be executed. All change orders shall be approved in writing by the North Richland Hills' designated representative prior to work being executed. 13. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Owner shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him. The Contractor shall keep one copy of the same constantly accessible on the work with the latest versions noted thereon. 14.OWNERSHIP OF DRAWINGS All drawings, specifications and copies furnished by the Project Manager shall not be reused on other work with the exception of the signed contract sets.are to be returned to him on request at the completion of work. All models are the property of the Owner. 15, RIGHT OF ENTRY The Owner reserves the right to enter the property or location on which the work herein contracted for are to be constructed or installed. by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 1 ® DISCREPANCIES AND OMISSIONS In the event of any discrepancies between the separate contract documents. the priority of interpretation defined under"Contract Documents"shall govern. In the event there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings.the Project Manager shall define which is intended to apply to the work. 17. EQUIPMENT AND MATERIALS The Contractor shall be responsible for the care,preservation.and protection of all materials, supplies,machinery,equipment.tools, apparatus.accessories,all means of construction,and any and all parts of the work,whether the Contractor has been paid,partially paid,or not paid for such work until the entire work is completed and accepted. 34 18. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provision of Federal, State. and Municipal safety laws, building and construction codes. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks. and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor,acting at his discretion as an independent contractor. 19. LOSSES FROM NATURAL CAUSES Unless otherwise specified,all loss or damage to the Contractor arising out of the nature of the work to be done, from the action of the elements. from any unforeseen circumstances in the prosecution of the same, from any unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and bome by the Contractor at his own cost and expense. ® PROTECTION OF ADJOINING PROPERTY Contractor shall take proper means to protect all adjacent or adjoining properties in any way encountered which might be injured or seriously affected by any process of construction to be undertaken under the Agreement. Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify. save and hold harmless the Owner and Project Manager against any claim or claims for damages due to the injury to any adjacent or adjoining property arising or growing out of performance of the contact. Any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 21. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner effect the contract or the work. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Project Manager in writing,and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager, he shall bear all costs arising there from. 22. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons® in such order of precedence,and in such manner as shall be most conducive to economy of construction,provided. however,that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract,the plans and specifications,and within the time of completion designated in the Proposal. The Contractor shall submit,at such times as may reasonably be requested by the Project Manager, schedules which shall show the order in which the Contractor proposes to carry on the work,with dates at which the Contractor wills the several parts of the work, and estimated dates of completion of the several parts. 35 23. EXTENSION OF TIME Contractor shall give the Project Manager immediate notice in writing of any delay in completion of project. If the Owner decides an extension of time is justified,the Project Manager shall issue a written extension of time for completing the work. Extension shall he sufficient to compensate for the delay. 24. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE WORK ON TIME The Contractor agrees that.from the compensation otherwise to he paid,The Owner may retain the sum of One Thousand Dollars ($150) for each calendar day after the agreed Date of Substantial Completion that the work remains not substantially complete. which sum is agreed upon as the proper measure of liquidated damages which the Owner will sustain per them by the failure of the Contractor to complete the work at the time stipulated in the contract.This sum is not to be construed in any sense as a penalty. 25. PRICE OF WORK The Owner agrees to pay the Contractor for furnishing of all necessary labor, equipment and material, and the satisfactory completion of all work, the prices set forth in the Proposal hereto attached,which has been made a part of this contract. All materials embraced in the completion of this Contract must be in full conformity with the specifications and stipulations herein contained. 26. PAYMENTS WITHHELD The Owner may.on account of subsequently discovered evidence,withhold or nullify any certificate to such extent as may be necessary to protect himself from loss on account of: (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payments properly to Sub-Contractors or for material or labor. (4) Damage to another contractor. (5) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (6) Reasonable indication the work will not be completed within contract time. When the above grounds are removed or the Contractor provides a Surety and satisfactory to the Owner, which will protect the Owner in the amount withheld,payment shall be made for amounts withheld because of them. 27. ABANDONMENT BY CONTRACTOR If the Contractor shall fail to commence work within ten (10)calendar days after written notice to commence is served on Contractor or if the Contractor stops work or fails to pursue work in a timely fashion and fails to resume and pursue work in a timely fashion within ten(10)calendar days of a written notice of work stoppage or failure to pursue work in a timely fashion, or if the Contractor fails to comply with orders consistent with the contract documents. the Owner may declare the contract abandoned and direct the surety on the performance bond with a written notice to complete the work. A copy of the notice to the surety shall he served on the Contractor. After receiving the notice of abandonment,the Contractor shall not remove any materials or supplies from the job site. 36 After the contract is declared abandoned, the Owner shall be entitled to pursue any legal remedy and to seek damages for breach of contract from the Contractor and, to the extent that it fails to honor its obligations ender the crfo a cc bond, from the surety on the bond. 37 RFB 24-011 NRH20 Green Extreme Replacement-Slide Demolition BID FORM Datc- Bidder: .......... City of North Richland Hills 4301 City Point Drive North Richland Hills,Texas,76180 Bid#24-011 Project Scope: • This project consists of the demolition and disposal of the existing Green Extreme water slide at NRH20 Family at ark (9001 Boulevard 26. No Richland Hills). The scope of demolition is limited to the fiberglass water slide, steel columns and connecting plates (excluding columns C I-05),above-ground slide plumbing,and slide electrical components(See Slide Demolition Plan). The start tub at the top of the tower will remain in place to address safety concerns. • Access to the site will be from the paved path along the west boundary of the waterpark. • Select trees may be removed to case the process of demolition, so long as a request for tree removal is fon-nally submitted in writing to the city project manager for review and approval prior to tree removal. Exclusions: • Removal of underground slide plumbing is excluded from the project scope. • Removal of all slide equipment and plumbing within the mechanical room is excluded from the project scope. • Removal of existing concrete piers and pedestals is excluded from the project scope.Concrete piers and columns C I-05 are to be preserved and protected in place. • Construction safety fence is excluded from the project scope. The undersigned understands that this 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 General Conditions, Project Conditions,this Bid Form, and the Slide Demolition Plan, 38 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: 39 Bid ii 2D1 p H20 Green Extreme epl cone t Slide Demolition North Richland bills,Texas A. BASE BID I(FAX )a Cost of labor,materials,and equipment required to demolish and dispo.se of the Green Extreme water slide at NR,H20 Family Waterparkin accordance with the Bid Documents metnts and Project Scope. t"n tuty-sns rhoruasaaund,Severy ppu ndr d W .)m t'qon:Bidamount-,shall be shown in words d nurnbem.In ease of ainbiguity or confl,ict,the amount shown in words shall prevail. B. ALLOWANCES: NONE required for this pnrq e t, C. ADDENDA: Bidder wknowledges receipt of Addenda as follows: No w.....2 . date ..ww .. ..,.,. N . 2 Da „l .�w. _. a ,. Date ..,, ..��.. ..�.,......... ��� w........ D. S1CJBCON°I RA►CTO Se The undersigned ed idder has predicated his hid costs on and playas to use the following saaheouuntr tams� Note: Owner must appro ve a change in subexontractors prior to contract execution. Demolition: ... ..mm Env REFEPJNCES(Minimum®f3)m Project Name:_fJia,,of Fort,Wardt -, Annual Contract o1h Name f�C"lwed s Organization t.:��"�it���o l� u . Description: Demolition of various conttna er iaal da resider i l structures throughout city as directed h ten t.NESHAP cornpIliant drirnm liti xi anti drmmm aifim of various Company's espaouansilnipities: coinmercial d muH ,Wiat mown 'rorram°°a,mw om uduino nmd t aaoataKUIWIS. k-wosk,dfl d't" HIS 10 Dny Notificatkinsand puffing irquireA demmfifion 1xnnfts during our o,,r nun Derowofifi mor Services Contract wM the City M t bit'Worth. CompletionDate:. �.I . ...........��...mm...................... ...................... , Project Owner Contact larrue„Phone and e-mail(must be n Pittman Seanirtr .i; e°Officer Code �rouu n liaa�aar�e�e rt eunt_...1�nvia rorrne ataaal rtaulit Division 40 Contract ennntm $2031.028 Superintendent:Jason ITIO uunt i s tangy enf�ffnfn f turn mnnnnnu�nf� �nm�f� _. ......�mm .. _. Project s ., , ..,. Description. f)eivofition&Site mtoration at ft)rmer autocare Ncifity Company's Responsibilities: d nWilitm of -atom b u�fdwinu �W e r � n� tn� t nnn��°��` ,� ��� � , nu importof bac ffllf t bring n c gym' tnu s c,wcdxtn ,Wturrf czi fiittm install of new,curb&gutter,filing SHS 10 Rely.notification,cAtaining demolition permits,utility kill ��antnnn , nn �� td Comp iltlf( Date: > fgc o f .... .....____.. IPMJeMt Owner Contact Name*Phone and -mail(mot be annrr tit.. Cynthia Arias ...f Wife,f^nnfn°nlnces nennt 2 fn 3059. _. " nnttiia M Contrat t Amount: $ f S )00, . Superintendent: C Mbi Project Nark:w, tei ni ft M mE)eni of f6rm Name of Owner's n tiona ay natnnntv fie rafntiono_ fen on f"enumint fmn f Abatement nnurcntdnnn nn M � and Demolition of 1931 n" ��nf Company's fu m�cn�n nt �. ... n°cnnnoval of' jail facility,baseivent,piers and all fnt flat-wciir t,import and compaction f ffll dirt to bri t �ntn nne *toil existing,, � -u �_. a.n.. .tdlatinn of sirn control �� . .......� _. ..PMiect Owner Contact Name,Phone and e-mail l(must be ciwlc rA),,, Scan ff Wer.,�tnum-Punnnhasin , , ° ntm P Director 32573$-8§ fnem fr mt y 'itnoupt tf nant u° 1 F. UNIT PRICE PROPOSAL: None G. PROJECT COMPLETION: The above-specified project shall be completed within 16 consecutive calendar days from the date of Notice to Proceed,providing an 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$150 per day to the 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. It should be noted that city code prohibits construction activities between the hours of 7:00 p.m. and 7:00 a.m. CST and between the hours of 8:00 p.m. and 6:00 a.m. Daylight Savings Time, as well as on Sundays. All work is to be completed prior to May 1,2024. Extensions of time beyond that date are to be submitted in writing to City Staff for approval along with a proposed weekly schedule that will not interrupt NRH20 daily operations. H. 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 the to 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. 1. TAXES: The City of North Richland Hills is a tax-exempt entity. Bid amounts asstated above do not include any sales taxes and any other taxes for all labor,materials,and appliances. Gn="J:),jn4.c Firm Nam Si rc f Officer Title *Seal Street Address (If Bidder is a Corporation) City State Zip (Area Code) Telephone Number 42 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.,1-4 and 6 if there are interested ponies. OFFICE USE ONLY Complete Nos.1,2,3,5,aind 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 en' s place Certificate Number: of business. 2024-1139497 Garrett Demolition,Inc Burleson,IX United States ate Filed: Name of governmenta en or state agency at is a party tot a contract for w 'ch the form is 03/27/2024 being filed. City of North RlchU d i••i`Ills ate c e : 3 Provide the identification number used byte governmental entity or state agency to track or identify the contract,and provide a description the services,goods,or other property to be provided under the contra Bid 24-011 NRH20 Green Extreme replacement A Slide Demolition Nature of interest 4 Name of Interested a City,State,Count (place of business) (check applicable) Controlling L Intermediary Garrett, Brad Burleson,TX United States Collmar,April Burleson,TX United States I , Check only if there is NO Interested UNSWORN DECLARATION My name Melinda Bee and my date of birth is ...11111111... Icy address is,- -..v__ — 91k... ._.w , (mil Wtyl (State) (zip awe) (- ) V deciare under penalty of perjury that the foregoing is true and caxTect. Executed in hhD o............. County, State of_I&=. on the day of_ � � ...... ( th) ( 'i SigrMture of jui; .905t of contracting business entity (Declarant) Forms provided by'Texas Ethics Commission � .e ics.state. .us Version V3.5.1.5b35d027 , r!/ ✓, 1 / 1r f /,�r r ��( ,/ 1 r / / /,,✓ / l�/% ///r/ ,, i�i/, ,,�//,,,,��,�/�/ /1 r,r ,'% 6f!i/�//�//�J,//,,,ac ,,rr,.. !r r % ,,. �!I!f//-, r / RESCUE TOWER TO BE PRESERVED \ RESCUE TOWER r TO BE REMOVED RESCUE TOWER '/rjj�%/ TO BE REMOVED Pour has4lg ITN"` OffF' NORTH R1Cf ILAND HILL Friday,March 8,2024 RFD 24-011 NRH20 GREEN EXTREME REPLACEMENT-SLIDE DEMOLITION ADDENDUM U l Inibrmation requests coming from e pre-bid conference held'Thursday March 7,2024. Pre id Sign-in Sheet SLIDE DEMOLITION PI (SUPPLE`SENT L.INFOR .TI l9)—Page 3 Q GREEN EXTREME RECORD DRAWINGS m Pages 4 thru 9 T IS 6&j2fNDUM HUalBE SIGNED AND RETURNED WITH gU SPGNS, Acknowledge receipt of this addendum by inserting this page with your response. This addendum form is a part of the contract documents,and it so modifies,amends,deletes and/or adds to the original RFB document. Name and address ofCompany: Authorized Representative: Garrett Demolitiom Inc PO Box i33 Name. Jason Seiner Burleson,TX 76097 Title: Estimator r Phone: 817.426-00 2 Email: r a i �,,j, ° , . P.O.Box 820609 Norflii Rchiand P-RPBPs,Texas 76182-0609 301 Qky ftna Drive (a'P 7(427-6150 F:'ax(a1 (gym 7-616 i urch srtn 11.Y OF NORTH RICHLAN 141LI- March 19,2024 RFB 24-011 NRH20 GREEN EXTREME REPLACEMENT-SLIDE DEMOLITION ADDENDUM 1) Ibis Bid has been extended until 10:00 A.M.(CST)Friday,March 2z 2024. THTS A►TDTD N DUM MUST"HE SIGNED AND WTUILNED WITTT YOU TTTTD. Acknowledge receipt of this addendum by inserting these pages with.yow bid. This addendum form is a part of dw contract documents,and it so modifies,amends,deletes or adds to the original bid docinnent. Name and Address of Company Axu"Ori resecut Garrett Demolition.Dtminn PO d Box 633 Namc: Jason Seiner T'�uru= '1 - 2 2 . ..2 i' Email: Winia..tMn ¢ ��n: tale n o I .O.Box 820609 Nrxth FUchlaind Q fift,Texas 761 2,..0609 01 Cfty PaGiint Dhve (2'1 )427,6150 Fax(212)427-616 DATE O AC40RV CERTIFICATE OF LIABILITY INSURANCE 3/27/2024 THIS CERTIFICATE IS ISSUED E INFORMATION ONLY AND CONFERSRIGHTS UPON THE CERTIFICATEL I CER71FICATE DOES NOT AFFIRMATIVELYL LPOLICIES BELOW. THIS CERTIFICATE F INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I O,AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER. t o cart Cate o r s a c must a en o ,su act to the terms and conditions of the policy,certain policies may require endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such e o e ent(s). PRODUCEto 1A N E: I Certificate Department 6M Insurance Group Inc C o Ext: 877-450-6396 (A/C,No): 5904 S COOPER ST _,ADDRESS. service@6mgroup.net STE 104-172 INSURERS)AFFORDING CO WERAGE NAIC# ARLINGTON TX 76017 INSURER A: Nautilus Insurance Co 17370 INSURED INSURER B: Key Risk Insurance Company 10885 Garrett Demolition Inc INSURER C: The Hanover Insurance Company(AMB#002225) 22292 PO BOX 633 INSURER D INSURER E Burleson TX 76097 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T INSURANCE g LIMITS POLICY NU COMMERCIAL GENERAL LLABILrFY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ❑OCCUR PREMISES(Eaoccurrence) $ 100,000 XCU/Contractual Liability MED EXP(Any one parson) $ 5,000 A Y Y ECP2016054-18 5/21/2023 5/21/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN°L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑JE T ❑LOC PRODUCTS.COMP/OP AGO $ 2,000,000 OTHER: Contractors Pollution Liability Each Pollution Condition $ 1,000,000 AUTOMOBILE UABI Eaaccident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ B ALL O SCHEDULED AUTOS AUTOS Y Y BAP2037450-11 5/21/2023 5/21/2024 BODILY INJURY(Per accident) $ NON-OWNED $ HIRED AUTOS X AUTOS Per 'dent Uninsured/Und r 100, csl $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 51 q X I EXCESSLIAB CLAIMS-MADE Y Y FFX2029090-14 5/21/2023 5/21/2024 AGGREGATE $ 51 DED RETENTION$ NONE $ ES COMPENSATION - AND E PLO S' BI Y/N STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICE EMBER EXCLUDED? NIA y (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C EQUPMENT FLOATER Y Y IHD H245346 08 5/21/2023 5/21/2024 Scheduled limit:S6,278,133/proof of coverage C Leased&Rented Equipment IHDH24534608 5/21/2023 5/2112024 $250,000 DESCRIPTION OF OPERATIIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Be required) Project.NRH2O Green Extreme Replacement-Slide Demolition,Bid#24-011 The CITY,its officers,officials and employees are listed as Additional Insured as per written contract on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by on on behalf of the contractor. Policy includes 30 day material change notice to be given to CRY. Contractors Equipment policy IHD H245346 08 Deductibles:S2,500 Per Occurrence.$5,000 ded Per Occurrence Items Over$250,000,$10,000 ded.Per Occurrence Items over$500,000,$25,000 ,ded Per Occurrence Items Over 5750,000 Market Value w/Replacement Value on Items 5 Years or Newer.The Commercial Auto&General Liability/Pollution Liability(including Completed Operations)polity includes a blanket automatic additional insured endorsement that provides additional insured status and the General Liability&Auto policy include a blanket waiver of subrogation endorsement to the certificate holder when there is a written contract that requires such status.Primary&Non-Contributory wording included in Auto and General Liability Policies. CERTIFICATEL SHOULD ANY OF THE ABOVE CI POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,NOTICE WILL BE DELIVERED I City of North Richland Hills ACCORDANCE WITH THE POLICY PROVISIONS. 4301 City Point Drive AUTHORED RESENTATIVE North Richland Hills TX 76180 !)t .e1n °ut C 1988-2014 ACORD CORPORATION. All rights reserved. ( 01 1) The ACORD name and logo are registered a of ACORD AGENCY CUSTOMER ID: LO : ACCORDIF ADDITIONAL REMARKS SCHEDULE Page 2 Of S.2t-- AGENCY NAMED INSURED 6M Insurance Group Inc Garrett Demolition Inc POLICY NUMBER PO BOX 633 BAP2037450-11 CARRIER N C E Burleson,TX,76047 Key Risk Insurance Company 10885 EFFECTIVE DATE: 5/21/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 F TITLE: CERTIFICATE OF LIABILITY INSURANCE ACORD 11 (2 / 1) C 2008 ACORD CORPORATION. All rights served. The ACORD name and logo are registered marks of ACORD CERTIFICATE I ®ATE(MMMWYM 2856M 37024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS I TS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT., If the certificate holder Is an ADDITIONAL INSURED,the llcyw(les)must have ADDITIONAL INSURED provisions or he endorsed.If SUBROGATION IS WAIVED,subject to the forms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer r! his to the to holder In lieu of such endorsements. PRODUCER CONT 666.82 36S Lockton Companies„I...I...0 NAMw___ ._ ........ ......... FAQ 3657 Bda rk Dr.,,Suite 700 ....................................... ____,_w...._. AIC ._ _....__ Houston.TX 77042 aapm6.E$:_ Ir$,EE 7r° FRT ICT_Lil a FHffr✓�5sM ..... _ N8UF sAFFo Nqc OE CO ___ I _ ___ _._ER WSURER A: IndErnnfty Insurance Co.ci Novib 43575 ___. .... ...........................................................__..._.....�..® ....®...__ ... ..._.. ........._ _ __ _ _ _______ INSURED IFISUJR.ER� • DEMOLITION,INC. __ .........,,,,,,,,,,,,,,.. ...... ..._,. .. ._...,....._..._.............. ..... .... . POI BOX 633 BURLESON„TX 76007 INSURER D: INSURER E Iri Ear: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISPED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, _EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWNY BEEN REDUCED BY PAID CLAIMS. LIMITS LT'� E INSURANCE LIc°f'NUMBER �L�EFL' UCYF �� .__.. ...._..MITTS_ __._....._.. im COMMERCIAL GENERAL BILITW EACH OCCURRENCE $ CLAIMS` 4'At. C,UR PRIMM •'uL9A,_,w,._ ......,...._..._....m._....._._.. ._. MED EXP(Any cwm g emon)_. $...._.....__`_ _.... .-._.. PERSONAL,dE ADV INJURY $ ...... ..... ....................... -____.._ ._._ .......... ....... ... .....__.... .m......_ __.____ _...__ I.DEN'L AGGREGATE LI MM AP PLC PER: gFN1 R&AGGREGATE $_ __. Powy E SVE r .I LOC PRODUCTS-C PK)P AGvG $ 07'HER: $ AUTOMOBILE LIABILITYCOMBINED I. L $ . —. ...J ....___.................................. _..._..�. ANY AUTO BODILY INJURY(Per p9mon) S ALL OWNED SCHEDUI.ED BODULY UNJURY(Peer Went)AUTOS AUTOS S N E.D ...4�1.817�i'E �C& AM'°�.. HIREDAUITO9 ........... AUT ..Imf?E.c �ralL__..._____._._.... S ...... S UMBRELLA OCCUR ,EACH OCCURRENCE S EXCESS LIAR CLAWS—MADE AGGREGATE $ DED TENTICAN $ KERB COMPENSATION ,)g• PER BATH- r8 EMPLOYERS' ......,_ ST'A"CUTE _ ER _ _....................._.._..._. ..... Y 1>ROPRIETORP ERJEXECI.UTIVE YIN N E.L.EACH ACCIDENT $ 1,000,000 A QAPFICF F'MBF_R F,%Cd.U.IDE.D'd' N NIA C55797466 1011P2023 10t1 Y4 .__..._____._.®...�...._m .. _................................ ......W..... slandalary In NTT) E,L.DISEASE EA EMPLOYE S 1,000,000 If y�aea,da ft u _.�.®..._........ re, OF OPERATIONSbekw E.L.DISEASE-POLICY LIMIT $ 1,000,WO DESCRIPTION OF OPERATIONS P LOCATIONS P VEHICLES(ACORD ieT,AddMonM Rwnwks Satnad uk,mW be aftwhed R mom space Ia mqukao N: Y NOTICE OF CANCEt.i.AnoN NRH20 rween Extrem Repbommd..-SIMe Dace' on,Bill E2 t t WAIVER OF SUBROGATION IN FAVOR OF City of Nm1h RkMandUMa YMEN REQUIRED BY WRMTTEN CONII'RACT,. CERTIFICATE HOLDER. CANCELLATION SHOULD Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE E EXPIRATION DATE TICS WILL BE DELIVERED IN ACCORDANCE WITH.... E POLICY PROVISION& AUTHOR2ED REPRESENTATIVE CITY OF NORTH RICK ND HILLS 4301 CITY POINT . NORTHRICH ND FALLS,TX 76180 �. ........................................ 195-2016 ACORD CORPORATION. All rights reserved. ACORD 2 (2016103) The ACORD name and logo are registered marks of ACORD CHUSSO NOTICE TO OTHERS -SPECIFIC PARTIES A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below(the "Schedule").You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. C. The notice of cancellation is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives,will not extend any Policy cancellation date and will not negate any cancellation of the Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. The provisions of this notice do not apply in the event that you cancel the Policy. SCHEDULE Name of Certificate Holder E-Mail Address Physical Address City of North Richland Hills 4301 City Point Dr. North Richland Hills,TX 76180 WC 99 03 86(10/11) Page 1 of 1 Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number GARRETT DEMOLITION,INC. PO BOX 633 Policy Number BURLESON,TX 76097 Symbol:RC Number:C55797468 Policy Period Effective Date of Endorsement 10/1/2023 TO 10/1/2024 10/1/2023 Issued By(Name of Insurance Company) Indemni Insurance Co.of North America Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective an the date issued unless otherwise stated. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy use Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the schedule. Schedule 1. X ) Specific Waiver Name of person or organization: City of North Richland Hills 4301 City Point Dr. North Richland Hills,TX 76180 Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations NRH20 Green Extreme Replacement—Slide Demolition,Bid#24-011 WAIVER OF SUBROGATION IN FAVOR OF City of North Richland Hills WHEN REQUIRED BY WRITTEN CONTRACT. 3. Premium: The premium charge for this endorsement shall be JNfjJUnM percent of the premium developed on payroll in connection with work performed for the above person(s) or or arising out of the operations described. 4. Advance Premium: INCLUDED Authorized Representative WC 42 03 04B(06/14) 0 Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. N--7, . ,v Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date CP21 1 1/ 21/ 5/21/2023 This endorsement modifies Insurance under the following: ENVIRONMENTAL COMBINED POLICY The following is added to SECTION VII—CONDITIONS Z Cancellation: SCHEDULE Number of Days Advance Notice Of Cancellation: thirty( )Days Name and Address of Designated Person(s)or on file with the Organization(*): Company Additional Premium: $150 In consideration of the payment of an additional premium, and notwithstanding n In contained In i it Is understood that If we cancel this policy on or before the expiration date set forth in the Declarations, we will mail or deliver to the first Named Insured at the last known address, and the O or o nizati O at the address designated in the SCHEDULE above,written notice of cancellation not less than the number of days shown In SCHEDULE before the effective date of cancellation. Proof of mailingnotice shall be sufficient notice. The effective date and hour of cancellation stated in the noticeshall be the end of the policy period. This endorsement shall not apply lf: 1. We cancel due to non-payment i ,or . The policyis no any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1234 10 21 Includes I of Insurance Servioes Ofte,Inc., 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � /// i1i Policy Number Policy Effective Date Policy Expiration Date Endorsement(Effective Date 1 1 1/ 3 1/ 5/ 1/ 023 This endorsement modifies insurance v under the following: ENVIRONMENTAL COMBINED POLICY ® SECTION III—WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whomu are performinglions when you and such person or organization have agreed in writing In s contract or agreement, in effect duringi policy period, that such person or organizationadded as an additional Insured on this policy;and 2. Any other person or organization you are explicitly requiredto add as an additional Insured under the contract or agreement described In Paragraph 1.above. Such r agreement must be executed and In ffprior performance your work which is the subjectct or agreement. u n(s)or organization(s)is an additional Insured only with to liability for bodily Injury or property damage under SECTION 1 — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage DA—Contractors Pollution Legal Liability and Coverage DA—Microbial Substance Contractors Pollution Liability,or personal injury or advertising injury under SECTION I-COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: a. Your acts or omissions;or b. The acts or omissions of thoseacting r behalf, in the performancer ongoing operations for the additional Insured described in Paragraph 1.or 2.above. However, Insurance rded to such additional Insured described above: a. Only applies to the extent permitted by low;and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional Insured,and c. Will not extend beyond that which is provided to you in this policy. person's or organization's status as an additional Insured under this endorsement ens when your operations r the person or organizationdescribed in Paragraph 1.above are completed. II. With rasped to the insurance afforded to these additional Insureds,the followingadditional exclusions apply: This insurance not apply . Bodily Injury,property damage or personal and advertising Injury arising out of the rendering of,or the failure to render,any professional architectural, i ri or surveying services,including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders,changeorders or drawings ands lions;or O Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, iri nt,training or monitoring of others by that Insured, if the occurrence which the bodily Injury or property damage,or the offense which caused the personal and advertising injury,involved the rendering ,or the failure to render any professional architectural,engineering or surveying services. b. Bodily Injury or property damage occurring after O All work, including matril , parts or equipment furnished In iproject then service,maintenance orrepairs)to be perfonned by or on behalf of the additional Insured(s)at the location of the covered operations has been r ECP 1246 0121 Includes material of Insurance Semices Office,Inc.,used wNh Its parmission. Page 7 of (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Ill. With respect to the insurance afforded to these additional Insureds, the following is added to SECTION V— I : The most we will pay on behalf of the additional Insured is the amount of Insurance: 1. Required by the contract or agreement described in Paragraph I.I.;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI— REPORTING,DEFENSE,SETTLEMENT&COOPERATION: 1. Duties—Additional Insured An additional Insured musts to it that: a. We are notified in writing as soon aspracticable of an occurrence or offense which may result In a claim or suit; b. We receive written notice of a claim or suit as soon as practicable;and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional Insured may be an insured in any capacity. This provision does not apply to insurance on which the additional Insured is a Named Insured, if the contract or agreement requires that this coverage be primary and non conhibutory. V. SECTION Vill—CONDITION 10.—Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s)included as an additional Insured under this endorsement provided that: 1. The additional Insured person(s)or organization(s)is a Named Insured under such other Insurance;and 2. You have agreed in writing in a contract or agreement,in effect during this policy period,that this Insurance would be primary and would not seek contribution from any other insurance available to the additional Insured person(s) or organizafion(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However,this provision does not apply if the other insurance available to the person(s)or organization(s)included as an additional Insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar prof specific,primary insurance. VI. This endorsement does not apply to an additional Insured which has been added to this policy by an endorsement showing the additional Insured in a SCHEDULE of additional Insureds, and which endorsement applies to that designated additional Insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1246 0121 Includes copyrighted material of Insurance Services Office,Inc.,used VAth its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMP7/piGa Policy Number Policy Effective Date Policy Expiration:Date Endorsement Effective Date E 1 1 1 3 / 1/ 5/21/2023 This endorsement modifies insurance v` r the following: ENVIRONMENTAL COMBINED POLICY 1. SECTION III—WHO IS AN INSURED is amended to include as an additional Insured: 1. Any person or orgariftation for whom you have performed operations when you and such person or organization have agreed In writing in a contract or agreemerit, in effect duringi policy period, that such person or organizationadded as an additional Insured on this policy; other2. Any person or organization you are explicitly requiredadd as an additional Insured under the contract or agreement described in Paragraph 1.above. Such contract or agreement must be executed and in effect prior to the performanceyour work included in the products-completed rations hazard which is the subject contract or agreement u O or organization(s)is an additional Insured only with respect to liability for bodily Injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage DA —Contractors Pollution Legal Liability and Coverage DA—Microbial Substance Contractors Pollution Liability,directly caused by your work performed for the additional Insured described In Paragraph 1. r 2.above,and Included in the products-completed operations hazard. However, insurance afforded to suchadditional Insured des above: a. Only appliesto the extent permitted by law;and b. Will not be broader than that which you are required by the contractor agreement to provide for such additional Insured;and c. II not extend beyond that which is provided to you In thisI . 11. With respect to the Insurance these additional Insureds,the followingadditional exclusions This Insurance t apply to: a. Bodily Injury or property damage arisingout of the renderingr the failurer, any professional architectural,engineering yl ,including: ( preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders,change orders ands lions;or (2) Supervisory,Inspection,architectural or engineeringactivities. This exclusion pli even H the claims against any Insured allege negligencer wrongdoing in the hiring,employment,training or monitoring of others at Insured, if the occurrence which the bodily Injury or property damage involved erin the failure to render any professional architectural,engineering or surveying services. Ill. With respect to the insurance afforded s itio l Insureds, the followingIs added to SECTION V—LIMITS OF INSURANCE: The most we will pay on behalf of the additional Insured is the amount of Insurance: 1. Required n r agreement described in Paragraph I.I.;or 2. Available r the applicable limb of Insurance; whichever is less. This endorsement shall not increase the applicablelimits insurance. With respect to the insurance afforded to these additional Insureds, If is addedSECTION VI— ECP 1248 0121 Indudes copydghted matodal of Insumnce Servioes Offics,Inc.,u Page 1 of 2 REPORTING,DEFENSE,SETTLEMENT&COOPERATION: 1. Duties—Additional Insured An additional Insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or it as soon as practicable;and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional Insured may be an insured in any capacity. This provision does not apply to insurance on which the additional Insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s)included as an additional Insured under this endorsement provided that: 1. The additional Insured person(s)or organization(s)is a Named Insured under such other insurance;and 2. You have agreed in writing in a contract or agreement,in effect during this policy period,that this insurance would be primary and would not seek contribution from any other insurance available to the additional Insured person(s) or organizabon(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which Is the subject of such contract or agreement. However,this provision does not apply if the other insurance available to the person(s)or organization(s)included as an additional Insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. V1. This endorsement does not apply to an additional Insured which has been added to this policy by an endorsement showing the additional Insured in a SCHEDULE of additional Insureds, and which endorsement applies to that designated additional Insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1248 0121 Includes copyrighted material of insurance Services Office,Inc.,used with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ItT Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date 160 1 1/ 15/21/2023 This endorsement modifies insurance i under the following: ENVIRONMENTAL COMBINED POLICY ® The following Is added to Paragraph 17.Subrogation of SECTION Vil—CONDITIONS: We waive any right of recovery against anyperson(s) or organization(s) because of payments we make under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, CO — PERSONAL AND ADVERTISING INJURY LIABILITY,and COVERAGE D—CONTRACTORS POLLUTION LIABILITY under this policy. Such waiver by us applies only if- 1. . Insured has agreed in writing in nt r agreement withsuch (s)or organization(s )to waive Its right of recovery;and 2. The Insured has waived t of recoveryit )or ( )prior to loss. This waiver does not apply in any jurisdiction aiv r is held illegal or against publici r in any situation where the n( ) or organization(s ) against whom subrogation is to be waived negligent This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s)against whom rights f recovery haven waived. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1260 0121 Includes ri l of InInc.,used vAth ft permission. Page I Of 7 BENV CA 06 091 ENDORSEMENT This endorsement forms a part of the policyi is attached.Please read it carefully. 77 1 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II-Liability Coverage A.-Coverage,1.Who Is an Insured,Is n d. Any person or organization to whom you become obligated to Include as an additional insured under this policy,as a result of any contract or agreement you enter into,excludingn r agreements for professional services,whichrequires to furnish insurance to that person or organization of the type provided by is policy,but only with respect to liability arising out of your operations or promises rented vr,the insurance ill not exceedlesser o: 1. The coverage andVor limits of this policy; r 2. The coverage andVor limits i i r agreement ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. includes h material of Insurance Services Office,Inc., its permission. BENV CA 06 09 17 Page 1 of I POLICY NUMBER:BAP2037450-11 COMMERCIALAUTO CA 04 44 1013 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AG- AINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Garrett Demolition,Inc. Endorsement Effective Date: 05/21/23 SCHEDULE Names)Of Person(s)Or n tion(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that sub lion is waived prior to the 'accident- or the "loss" under a contract with that person or organization. CA 04 44 1013 0 Insurance Services Office, Inc.,2011 Page 1 of 1 COMMERCIAL AUTO CA 04 4911 16 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE D IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and the Other Insurance — Primary And and supersedes any provision to the contrary: ExcessInsurance Provisions in the Motor This Coverage Form's Covered Autos Liability Carrier Coverage Form and supersedes any Coverage and General Liability Coverages are provision to the contrary: primary to and will not seek contribution from This Coverage Form's Covered Autos Liability any other insurance available to an "insured" Coverage is primary to and will not seek under your policy provided that: contribution from any other insurance available 1. Such "Insured" is a Named Insured under to an "insured" under your policy provided that: such other insurance; and 1. Such "insured" is a Named Insured under 2. You have agreed in writing in a contract or such other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 1116 0 Insurance Services Office, Inc.,2016 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to whichit is attached. Please read it carefully. 00 It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against the person(s)or organization(s) in the schedule below, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver of subrogation has been included before loss as part of a written contractual undertaking the Named Insured. This waiver of subrogatlon shall apply onlylosses occurring due to operations undertaken as per the specific contract existing between the Named Insured and s ( )or organization(s)shown in the schedule below and shall not be construed to be a waiver of subrogation to other operations of such ) or organization(s) in the schedule below in which the Named Insured s no contractual interest. No waiver of subrogation shall directly or indirectly any employee, employees or agentseither the Named Insured or of the O or organization(s)shown in the schedule below, and the Company reserves its right or lion be reimbursed n recovery funds obtained n injured employee. This aver of subrogation does not apply In any Jurisdiction r situation where such waiver is held to be Illegal or against public policy or In situation wherein the (s) ororganization(s) shown in the scheduleIagainst whom subrogation Is iv is fou negligent. SCHEDULE Name of Person(s )or Organi #ion(s)® Any person or organization that you are required by writtenn or agreement to provide a waiver of . ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ENV 2013 06 16 Pop 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which It Is i read it carefully. IN 10wros This endorsement modifies insurance provided under the following: FOLLOW FORM EXCESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s)Or Organization( ): personAny or organization that you are required by written contract or agreement to include as an additional insured. Paragraph .Of Section III®Conditions Is deleted and replaced by the following: . Other Insurance a. This insurance is excess over, and shall notcontributeany r Insurance, r , contingent or on any r basis. However (1) This condition will not apply to other Insurance specifically as excess over this Coverage Form. O The Insurance vid under this11 not seek contribution from anyr Insurance available to an additional Insured,providedt: (a) The additional insured is a Named Insured under such insurance; O-The additional insured is shown in the land O You have agreed in writingin a contractor agreement that this insurance of not seek contribution any other insurance available to the additional insured. When this insurance Is excess,if no other Insurer defends,we will undertake to do so,but we will be entitled insured'insured's rightsagainst all those other insurers. b. When this Insurance Is excess over other Insurance, we will pay only our share of the ultimate net loss that exceeds: (1) The total amount that all such other insurance ould pay for the loss in the absence of the insurance under thisCoverage O The total of all deductible andself-insured amounts under all that other Insurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. FFX 801108 18 Page I Of I IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 2024 SUBJECT: Approve voting and alternate members to the Fort Worth Wholesale Customer Advisory Committee for the October 1, 2023—September 30, 2024 period. PRESENTER: Caroline Waggoner, Assistant City Manager SUMMARY: City Council is being asked to update the appointed voting and alternate members to the Wholesale Customer Advisory Committee for both water and wastewater. The appointment is for a one-year term. GENERAL DESCRIPTION: Several Tarrant County cities purchase treated water from the City of Fort Worth and have their wastewater treated by Fort Worth. The City of North Richland Hills is one of those customer cities. The agreement between the cities and Fort Worth for the purchase of treated water and wastewater outlines a committee that is made up of representatives from these customer cities. The name of the committee is the Wholesale Customer Advisory Committee (WCAC). The agreement specifies that the customer cities' governing body shall appoint a representative to be a voting member and a representative to be an alternate of the WCAC. The purpose of the WCAC is to consult with and advise Fort Worth, through the Water Director, on matters pertaining to conservation, wholesale planning, improvement, grants, wholesale rate studies, administration, and budgets. The WCAC has also established by-laws governing the election of officers. The current members are Caroline Waggoner, Assistant City Manager, as the voting member and Karen Manila, Assistant City Manager, as the alternate member. With Karen's retirement last month, Trudy Lewis, Assistant City Manager will be taking Karen's role as the alternate member. The Council is being asked to update the appointment of the voting member and the alternate to serve on the WCAC for both water and wastewater for the period from October 1, 2023 to September 30, 2024. Attached is the form that will be completed once the appointments are made. IrLp NOKTH KICHLAN HILLS RECOMMENDATION: Approve Caroline Waggoner, Assistant City Manager as the voting member, and Trudy Lewis, Assistant City Manager as the alternate member for the Wholesale Customer Advisory Committee for both water and wastewater. FORTWORTH. APPOINTMENT FORM Wholesale Water and Wastewater Customer Advisory Committee DATE: 4-2 - -27044- WHOLESALE CUSTOMER: Oily o-tr NoHk ��(cAlaAd- /4fis Check all that apply: A Water N Wastewater The following individuals have been officially appointed by the CUSTOMER's GOVERNING BODY, under the terms of the Wholesale Contract for Services as the VOTING MEMBER and ALTERNATE for the Water and/or Wastewater System Advisory Committee. The term is for the Fiscal Year beginning October 1,2023 through September 30,2024. Voting Member: Alternate Member 6 It/At r--"- Letois Nai A Name 1i st - , t4 „MaMa Title Title It (P005- Office Phone Office Phone Cell P ione Cell Phone �tA)OLA4,0mr-(—*�, YlrAl-x- -t-I ew I s �2 r)k4iq-X ca Email AddreA 0 Email Address Mailing Address: Mailing Address: 43ol 64y -R"�- Dr. 61 M No r-11k 'PI CIA 10NA 77L/B 0 Official Seal Signature of Mayor/Board President Please complete and return as soon as possible, but no later than October 31, 2023 to: WaterWhole L or City of Fort Worth Water Customer Service/Wholesale P. O. Box 870 Fort Worth,Texas 76 101 cfs01\water\Groups\Whole5ale\Wholesale Customer Advisory Committee\WCAC Appointees FY2024 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 8, 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 NRH Animal Services is hosting a low-cost pet vaccination clinic on Saturday, April 13 from 10 a.m. until noon. Rabies vaccinations will be offered for only $5 and pet microchipping will be available for $30. Please visit the city's website or contact Animal Services for more details. The Sounds of Spring Concert Series kicks off on Friday, April 19 with music by Wanda King starting at 7 p.m. on the City Hall Plaza. Admission is free. Seating is on the lawn, so don't forget to bring a blanket or lawn chair. A variety of food trucks will be on-site for each concert. Please visit the city's website for more details. NRH Parks & Recreation and the Fort Worth Mountain Bike Association invite the community to an Open Trail Ride at the Fossil Creek Mountain Bike Trails on Saturday, April 20 from 10 to 11.30 a.m. Riders of all ages are welcome to attend. Please visit the city's website for more information. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Wayne Estep in Public Works — A resident emailed the city with appreciation for Wayne, who took the time to address his concerns about the work that a telecommunications contractor was performing in his neighborhood. "I appreciate the customer service and professionalism Wayne provided, especially since the project wasn't being performed by City employees. I think it reminds us all of what customer service really means," he said.