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CC 2024-09-23 Agendas
NIRH NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, SEPTEMBER 23, 2024 WORK SESSION Held in the Council Workroom CALL TO ORDER 1.. Discuss items from regular City Council meeting. 2.. Discuss the Single Family Rental Program. 3.. Discuss short term rentals. FUTURE AGENDA ITEM(S) The purpose of this item is to allow the Mayor and Council members an opportunity to bring forward items they wish to discuss at a future work session. In accordance with the Texas Open Meetings Act, any discussion shall be limited to a proposal to place the item on a future agenda. The Council shall not vote, or take any action on the items during this meeting. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. Monday, September 23, 2024 City Council Agenda Page 1 of 4 1. Section 551.072: Deliberate the purchase, exchange, lease or value of real property - 6701 Davis Boulevard. 2. Section 551.071: Consultation with City Attorney regarding legal advice - Purchase and Sale Agreement for 6701 Davis Boulevard. 3. Section 551.071: Consultation with City Attorney regarding litigation - (1) City of North Richland Hills V. Manuel Financial LLC No. 2, LLC et al Case No. CC240015; (2) City of North Richland Hills V. Manuel Oldsmobile, Inc. Case No. CC240019, Municipal Court No. 2, City of North Richland Hills, Tarrant County, Texas REGULAR MEETING Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION A.2 PLEDGE A.3 SPECIAL PRESENTATION(S)AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, a Public Meeting Appearance Form must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance 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 September 9, 2024 City Council meeting. Monday, September 23, 2024 City Council Agenda Page 2 of 4 B.2 Authorize the City Manager to execute a renewal of the Northeast Tarrant Teen Court Interlocal Agreement with the cities of Watauga and Richland Hills, for the consolidated Teen Court Services Program. B.3 Consider awarding RFP24-010 and authorizing city manager to execute an agreement with The Aquatic Council, LLC to provide certified pool inspector training and certification in an amount not to exceed $69,750 as part of the 2023 Pool Safely grant awarded to City of North Richland Hills. B.4 Consider awarding RFP24-014 and authorizing the City Manager to execute an agreement with Turnage and Associates, LLC to provide certified pool operator training and certification in an amount not to exceed $55,000 as part of the 2023 Pool Safely grant awarded to City of North Richland Hills. B.5 Authorize the purchase of the Motorola CAD Integration and four-year subscription service for the USDD Phoenix Automatic Dispatch Gateway through the Department of Information Resources contract DIR-TSO-4101 in an amount not to exceed $42,872.18. C. PUBLIC HEARINGS C.1 ZC24-0109, Ordinance No. 3868, Public hearing and consideration of a request from PLT Concrete & Construction for a zoning change from AG (Agricultural) to 0-1 (Office) at 8320 Davis Blvd, being 3.93 acres described as Tract 7A4, Stephen Richardson Survey, Abstract 1266. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS F.1 Approve award of RFP No. 24-028 to CGC Contractors, Inc. for construction of the Nitro Blast Construction Project at NRH2O Family Water Park in the amount of $3,096,771 and authorize the City Manager to execute the associated construction agreement. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS Monday, September 23, 2024 City Council Agenda Page 3 of 4 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, September 20, 2024 by 3:00 PM. Jack McCarty, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer Monday, September 23, 2024 City Council Agenda Page 4 of 4 NRH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 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. r4R� NOKTH KCCHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2024 SUBJECT: Discuss the Single Family Rental Program PRESENTER: Clayton Comstock, Managing Director of Development Services SUMMARY: On October 24, 2011, City Council approved Ordinance 3162, which established standards and requirements for permits and inspections of single-family rental units. A single-family rental unit is "any living unit within an attached or detached one-family dwelling, duplex, tri-plex, four-plex or townhome that is rented or leased for use as a residence by a single family, individual or group of individuals." The purpose of this Work Session item is to review the Single Family Rental Program with City Council, and staff will provide additional information regarding the program during the presentation. For some historical reference and context, the presentation slides from a September 2011 City Council meeting where the program was reviewed and discussed is attached. This provides some background information regarding the origins of the program. Single Family Rental Program Summary The Single Family Rental Program became effective on April 1, 2012. Property owners must have their rental units successfully pass an inspection prior to a tenant moving in or transferring the water utilities to the new tenant's name. Rental properties are expected to meet the minimum maintenance standards established in the City's Code of Ordinances. When a unit is ready for occupancy, the property owner applies for a Single Family Rental permit. Once the permit is approved, the single family rental inspection can be requested online. In most cases, the inspection is performed the following business day. If no deficiencies are found during inspection of an unoccupied property, the new tenant can apply for water service. When deficiencies are recorded, the landlord must correct the deficiencies and request a new inspection. In cases where the deficiencies are found to be minor and do not affect the safety of the occupants, the landlord may request a temporary occupancy for a limited number of days while repairs are being completed. Over the course of the past 12 months, the Permitting & Inspections Division has averaged about 78 Single Family Rental inspections—including both first and re- inspections—per month, or about 8% of the total inspections workload. Relative to some more complex building inspections that require more time at the site (i.e. electrical, mechanical, plumbing, framing, etc.), single family rental inspections are generally simple and quick if access is provided to the home. r4R� NOKTH KCCHLAND HILLS There is not a fee for the inspection. However, if a rental unit is occupied or belongings have been moved in prior to the inspection, an administrative fee may be assessed to the property owner to defray the expense to the City for inspecting an occupied unit. While not preferred, units with outgoing tenants are eligible to be inspected prior to moving out if the tenants are present during the inspection. Property owners are encouraged to pre- inspect these units for damage, missing safety devices, and possible infestations. Inspection Checklist An inspection checklist is available that indicates many of the areas are inspected including exterior and interior building conditions; accessory structures; site grading and drainage; pools, hot tubs, and spas; infestations; plumbing systems and fixtures; HVAC and mechanical equipment; electrical hazards; smoke detectors; and security devices. A copy of the checklist is attached and is available online at INI ,IH IFRe n;t ,ll llam, p, ;!iio n Checklist. ................................................... Chapter 92 of the Texas Property Code also mandates security devices and smoke alarm devices in rental property. Security device examples are shown below. A copy of this chapter may be downloaded at :;;1f exas,,,,,IPirop it y Code Chapter 92. Additionally, an informational video about the property code is online at II. ndl.ord'. _0.1b.11.11...afloirns„ Fexas IPirp�y Code Cl�eclklliist. These components (smoke alarms and security locks) are one of the key elements of the inspection program. i le LOCK PLATE KEYLESS DEADBOLT 4) �E SLIDING DOOR PIN LOCK LOCK PLATE r4R� For comparison, below are some examples of cities in the North Texas area with and without single family rental programs. Example Cities WITH Example Cities WITHOUT Single Family Rental Programs Single Family;Rental Programs Watauga Colleyville Richland Hills Keller Hurst Haltom City Bedford Euless Dallas Grapevine Carrollton Southlake Farmers Branch Plano Garland Lewisville Mesquite Cedar Hill At Work Session, staff will be providing City Council additional details about the Single Family Rental Program, ..['exas IPirog.p rty Ccde Clh�a fair 92, and comparable cities. i�Yl' II Illllllllllllllm���� �� � „f ul ��' IIII. /�I uuuuuuu uuuuuuuuuu Illllu� �_ �� � Illllluuumu���.. • ����.. ,.., �i�� € a l ` �__ � �� � � �� } �s���uuu��$J�1� � � i �J�9�w�- ii�� y ,; �����5 lU i� � � »�� �� � � II➢�Vyyy�� A.. 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"° I""Illh IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII un ���I� �' r INtw�u���o��im IUD, I��������������� 1��19 �� �i➢iy��,, i imu �� _ � ® • ���u� • �, � � j '� � %� %� �� ,��1� 1 • uuuuuuuuuu —, �uuuuuuu�lllllllllllllllllllllllllllllllllllll�ll�lllllll iiiiioii � V I IIIIIII � �� ' Illllllluu a uuuim� mllllluuuuuuuuuull u um II M U �pll Illuuuumuulull �IIN I� w �f j j� 1 IM , 1 U �V Ullllmuu IIIV� �._ �d�u 111� ��� �� Illllu Illllm �� ��� �uUU,�yy�y,,, ����' uiuuuuuuuiiii o �� � , �, „/ �i %� %� �� ,��1� u I�� II17 4 V V �� uuul i I9, dd i liillllllllll '' � II� IIIIIIIIIIIIIIII I ''IIIIII � d J NRH RENTAL INSPECTION CHECKLIST PERMIT# DATE: INSPECTOR: ADDRESS: 0 READY TO OCCUPY ❑OK TO OCCUPY/NEEDS RE-INSPECTION 0 NOT READY TO OCCUPY Any item marked as"failed"shall be corrected and re-inspected within 10 days of the above date unless otherwise noted. Comments: • • Pass Fail Pass Fail Exterior Building Conditions Plumbing Systems&Fixtures ❑ ❑ Exposed raw wood 0 El Sanitized plumbing fixtures ❑ 0 Chipped and peeling paint ❑ El Bath and lavatory ❑ Water tight roof ❑ ❑ Kitchen sink ❑ ❑ Broken Windows ❑ ❑ Leaking faucets or drains O 0 Address posted on house ❑ ❑ T&P line properly ran ❑ ❑ Trees/Shrubs touching house ❑ 0 Water Heater properly installed © El Dilapidated building materials El ❑ Visible sewage leaks Interior Building Conditions El El Proper Combustion air ❑ ❑ Damaged doors,walls,ceilings Mechanical Equipment ❑ 0 Stairways El 0 HVAC properly installed ❑ ❑ Floor covering 0 ❑ HVAC needs service ❑ ❑ Peeling Paint ❑ El Condensate drains proper Accessory Structures 0 ❑ Outside A/C unit ❑ ❑ Exposed raw wood El ❑ Proper Combustion Air ❑ 0 Dilapidated building materials Electrical Hazards ❑ 0 Water tight roof El 0 Exposed electrical wiring outside El 0 Dilapidated fence or gates El ❑ Damaged electrical wiring/fixtures Site,Grading and Drainage El El Wall Plugs and switches ❑ 0 Proper Drainage 0 ❑ Ceiling fixtures ❑ ❑ Gutters and downspouts ❑ ❑ Missing plug/switch cover plates ❑ 0 Impeding drainage El ❑ Missing blanks in panel ❑ ❑ Junk/trash/debris on lot 12 0 Smoke alarms in all bedrooms Pool/Hot tubs/Spas 0 • 0 Smoke alarm in hallway El El Stagnant Water El 0 Smoke alarms functioning ❑ ❑ Self-Closing/Latching gates Security Devices ❑ ❑ Pool fence in compliance 0 0 Deadbolt lock or bolting device Extermination ❑ 0 Door Viewer ❑ 0 Infestation ❑ ❑ Sliding door pin lock at sliding door 0 0 Keyless deadbolt or approved latch lock PROPERTY CODE TITLE 8. LANDLORD AND TENANT CHAPTER 92. RESIDENTIAL TENANCIES SUBCHAPTER A. GENERAL PROVISIONS Sec. 92.001. DEFINITIONS. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. Acts 1983, 68th Leg. , p. 3630, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg. , ch. 48, Sec. 12, eff. Sept. 1, 1 1993; Acts 1993, 73rd Leg. , ch. 357, Sec. 1, eff. Sept. 1, 1993. Sec. 92.002. APPLICATION. This chapter applies only to the relationship between landlords and tenants of residential rental property. Acts 1983, 68th Leg. , p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.003. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. Acts 1983, 68th Leg. , p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.004. HARASSMENT. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. Acts 1983, 68th Leg. , p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.005. ATTORNEY'S FEES. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. 2 Acts 1983, 68th Leg. , p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 2, eff. Sept. 1, 1993; Acts 1999, 76th Leg. , ch. 1439, Sec. 2, eff. Sept. 1, 1999. Sec. 92.006. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. (b) A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke alarms, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d) , (e) , and (f) of this section. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and 3 (4) (A) the lease is in writing; (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and (D) the agreement is made knowingly, voluntarily, and for consideration. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and (3) damage from windows or doors left open. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. Acts 1983, 68th Leg. , p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 650, Sec. 1, eff. Aug. 28, 1989. Amended by: Acts 2005, 79th Leg. , Ch. 348 (S.B. 1186) , Sec. 2, eff. January 1, 2006. Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 1, eff. September 1, 2011. 4 Acts 2015, 84th Leg. , R.S. , Ch. 1198 (S.B. 1367) , Sec. 3, eff. January 1, 2016. Sec. 92.007. VENUE. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. Acts 1983, 68th Leg. , p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 332, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg. , ch. 650, Sec. 2, eff. Aug. 28, 1989; Acts 1993, 73rd Leg. , ch. 48, Sec. 13, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 138, Sec. 9, eff. Aug. 28, 1995. Sec. 92.008. INTERRUPTION OF UTILITIES. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water , wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. (c) Repealed by Acts 2009, 81st Leg. , R.S. , Ch. 1112, Sec. 3, eff. January 1, 2010. (d) Repealed by Acts 2009, 81st Leg. , R.S. , Ch. 1112, Sec. 3, eff. January 1, 2010. (e) Repealed by Acts 2009, 81st Leg. , R.S. , Ch. 1112, Sec. 3, eff. January 1, 2010. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. 5 (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. (h) Subject to Subsections (i) , (j ) , (k) , (m) , and (o) , a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (B) includes: (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and (vi) a description of the tenant's rights under Subsection (j ) to avoid interruption of electric service if 6 the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill; and (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and (B) includes: (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and (vi) a description of the tenant's rights under Subsection (j ) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and 7 reestablish electric service; (2) that immediately precedes a day described by Subdivision (1) ; or (3) on which: (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. (j ) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h) (3) , has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and (2) entered into a deferred payment plan that complies with Subsection (1) . (k) If a tenant has established, in accordance with Subsection (j ) , the circumstances necessary to avoid electric service interruption under that subsection, the landlord may not interrupt or cause the interruption of the tenant's electric service under Subsection (h) before: (1) the 63rd day after the date those circumstances are established; or (2) an earlier date agreed to by the landlord and the tenant. (1) A deferred payment plan for the purposes of this section must be in writing. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that 8 extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. 9 (r) Subject to this subsection, a reconnection fee may be applied if electric service to the tenant is disconnected for nonpayment of bills under Subsection (h) . The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. A fee may not be applied to a deferred payment plan entered into under this section. Acts 1983, 68th Leg. , p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg. , ch. 200, Sec. 4, eff. Aug. 26, 1985. Renumbered from Sec. 91.002 by Acts 1987, 70th Leg. , ch. 683, Sec. 2, eff. Aug. 31, 1987. Amended as Sec. 91.002 by Acts 1987, 70th Leg. , ch. 826, Sec. 1, eff. Aug. 31, 1987. Renumbered from Sec. 91.002 and amended by Acts 1989, 71st Leg. , ch. 689, Sec. 1, 3, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg. , ch. 869, Sec. 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg. , ch. 952, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2009, 81st Leg. , R.S. , Ch. 1112 (H.B. 882) , Sec. 1, eff. January 1, 2010. Acts 2009, 81st Leg. , R.S. , Ch. 1112 (H.B. 882) , Sec. 3, eff. January 1, 2010. Acts 2013, 83rd Leg. , R.S. , Ch. 899 (H.B. 1086) , Sec. 1, eff. September 1, 2013. Sec. 92.0081. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. (b) A landlord may not intentionally prevent a tenant from 10 entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and (3) the amount of rent and other charges for which the tenant is delinquent. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b) (3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; 11 (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b) (3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b) (3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c) (1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. (h) If a landlord violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. (i) If a landlord violates Subsection (f) , the tenant may 12 recover, in addition to the remedies provided by Subsection (h) , an additional civil penalty of one month's rent. (j ) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b) (3) : (1) when the tenant or any other legal occupant is in the dwelling; or (2) more than once during a rental payment period. (1) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Acts 1983, 68th Leg. , p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg. , ch. 200, Sec. 4, eff. Aug. 26, 1985. Renumbered from Sec. 91.002 by Acts 1987, 70th Leg. , ch. 683, Sec. 2, eff. Aug. 31, 1987. Amended as Sec. 91.002 by Acts 1987, 70th Leg. , ch. 826, Sec. 1, eff. Aug. 31, 1987. Renumbered from Sec. 91.002 and amended by Acts 1989, 71st Leg. , ch. 689, Sec. 1, 3, eff. Sept. 1, 1989. Redesignated from Property Code Sec. 92.008(b) to (f) and amended by Acts 1995, 74th Leg. , ch. 869, Sec. 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg. , ch. 952, Sec. 1, Sept. 1, 1995. Amended by: Acts 2007, 80th Leg. , R.S. , Ch. 917 (H.B. 3101) , Sec. 1, eff. January 1, 2008. Sec. 92.009. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. (c) If the tenant has complied with Subsection (b) and if 13 the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. (d) The writ of reentry must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer action. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. The writ of reentry must notify the landlord of the right to a hearing. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d) , a judgment for court costs may be rendered against the landlord. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. (h) If a writ of possession is issued, it supersedes a writ of reentry. (i) If the landlord or the person on whom a writ of reentry is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served, under Section 21.002, Government Code. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he 14 should not be adjudged in contempt of court. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002 (c) , Government Code. (j ) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. (1) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. The fee for service of a writ of reentry is the same as that for service of a writ of possession. The fee for service of a show cause order is the same as that for service of a civil citation. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. Court costs may be waived only if the tenant executes a pauper's affidavit. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. Added by Acts 1989, 71st Leg. , ch. 687, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg. , ch. 1205, Sec. 9, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 91 (S.B. 1303) , Sec. 21.001, eff. September 1, 2011. Sec. 92.0091. RESIDENTIAL TENANT'S RIGHT OF RESTORATION 15 AFTER UNLAWFUL UTILITY DISCONNECTION. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful utility disconnection has likely occurred, the justice may issue, ex parte, a writ of restoration of utility service that entitles the tenant to immediate and temporary restoration of the disconnected utility service, pending a final hearing on the tenant's sworn complaint. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. The writ of restoration of utility service must notify the landlord of the right to a hearing. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d) , a judgment for court costs may be rendered against the landlord. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. (i) If the landlord or the person on whom a writ of 16 restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why the person should not be adjudged in contempt of court. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges the contempt action or omission in a manner and form as the justice may direct. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002 (c) , Government Code. (j ) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. The fee for service of a show cause order is the same as that for service of a civil citation. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. Court costs may be waived only if the tenant executes a pauper's affidavit. Added by Acts 2009, 81st Leg. , R.S. , Ch. 1112 (H.B. 882) , Sec. 2, 17 eff. January 1, 2010. Sec. 92.010. OCCUPANCY LIMITS. (a) Except as provided by Subsection (b) , the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. (d) In this section: (1) "Adult" means an individual 18 years of age or older. (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. Added by Acts 1993, 73rd Leg. , ch. 937, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg. , ch. 1276, Sec . 7.002(o) , eff. Sept. 1, 2003. Sec. 92.011. CASH RENTAL PAYMENTS. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease 18 between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and (2) enter the payment date and amount in a record book maintained by the landlord. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. Added by Acts 1993, 73rd Leg. , ch. 938, Sec. 1, eff. Sept. 1, 1993. Renumbered from Property Code Sec. 92.010 by Acts 1995, 74th Leg. , ch. 76, Sec. 17.01(44) , eff. Sept. 1, 1995. Sec. 92.012. NOTICE TO TENANT AT PRIMARY RESIDENCE. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (1) all notices of lease violations; (2) all notices of lease termination; (3) all notices of rental increases at the end of the lease term; and (4) all notices to vacate. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. Oral notices of change are insufficient. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall 19 be considered as having been given on the date of postmark of the notice. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. Added by Acts 1997, 75th Leg. , ch. 1205, Sec. 10, eff. Sept. 1, 1997. Sec. 92.013. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. (b) The notice must be given in person or by mail to the affected tenant. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. Added by Acts 1999, 76th Leg. , ch. 942, Sec. 1, eff. Sept. 1, 1999. 20 Amended by: Acts 2005, 79th Leg. , Ch. 1060 (H.B. 1399) , Sec. 1, eff. January 1, 2006. Sec. 92.0131. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92. 151. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. The copy of the rules or policies must be: (1) signed by the tenant; (2) included in a lease agreement signed by the tenant; or (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. (c-2) Notwithstanding Subsection (c-1) , a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the 21 landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or (C) taping the notice to the inside of the main entry door of the tenant's dwelling. (e) If a rule or policy change is made during the term of the lease agreement, the change: (1) must: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or (B) be adopted based on the tenant's written consent; and (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. (f) A landlord who violates Subsection (b) , (c) , (d) , or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. 22 (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. Added by Acts 2005, 79th Leg. , Ch. 1060 (H.B. 1399) , Sec. 2, eff. January 1, 2006. Amended by: Acts 2007, 80th Leg. , R.S. , Ch. 917 (H.B. 3101) , Sec. 2, eff. January 1, 2008. Acts 2011, 82nd Leg. , R.S. , Ch. 969 (H.B. 1371) , Sec. 1, eff. September 1, 2011. Sec. 92.0132. TERM OF PARKING PERMIT. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. Added by Acts 2019, 86th Leg. , R.S. , Ch. 409 (H.B. 1002) , Sec. 1, eff. January 1, 2020. Sec. 92.0135. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq. ) . (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or (C) excessive rainfall. 23 (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: " (Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood. " (c) Notwithstanding Subsection (b) , a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: " (Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years." (e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease. (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding 24 occurred. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f) , the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. Added by Acts 2021, 87th Leg. , R.S. , Ch. 921 (H.B. 531) , Sec. 1, eff. January 1, 2022. Sec. 92.014. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1) . (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a) . (c) Except as provided in Subsection (d) , in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under 25 Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5) ; (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b) , requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a) , the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c) , the landlord shall be liable to the estate of the deceased tenant for actual damages. Added by Acts 1999, 76th Leg. , ch. 1439, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 92.013 by Acts 2001, 77th Leg. , ch. 1420, Sec. 21.001(97) , eff. Sept. 1, 2001. 26 Sec. 92.015. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. (b) A provision in a lease is void if the provision purports to: (1) waive a tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or (2) exempt any party from a liability or a duty under this section. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (3) court costs; (4) injunctive relief; and (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. (d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. (e) Repealed by Acts 2017, 85th Leg. , R.S. , Ch. 337 (H.B. 1099) , Sec. 2, eff. September 1, 2017. Added by Acts 2003, 78th Leg. , ch. 794, Sec. 1, eff. June 20, 2003. Amended by: 27 Acts 2017, 85th Leg. , R.S. , Ch. 337 (H.B. 1099) , Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg. , R.S. , Ch. 337 (H.B. 1099) , Sec. 2, eff. September 1, 2017. Sec. 92.016. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c) . (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 28 (c) A tenant may exercise the rights to terminate the lease under Subsection (b) , vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) a judge signs an order described by Subsection (b-1) (1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1) (1) or (2) , as applicable, to the landlord; (3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and (5) the tenant vacates the dwelling. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1) (1) (A) , (C) , or (D) or (b-1) (2) and Subsection (c) , except that the tenant is not required to provide the notice described by Subsection (c) (3) . (d) Except as provided by Subsection (f) , this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer. " 29 (g) A tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. Added by Acts 2005, 79th Leg. , Ch. 348 (S.B. 1186) , Sec. 1, eff. January 1, 2006. Amended by: Acts 2009, 81st Leg. , R.S. , Ch. 18 (S.B. 83) , Sec. 1, eff. January 1, 2010. Acts 2019, 86th Leg. , R.S. , Ch. 15 (S.B. 234) , Sec. 1, eff. September 1, 2019. Sec. 92.0161. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. (a) In this section, "occupant" has the meaning assigned by Section 92.016. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term after the tenant complies with Subsection (c) or (c-1) . (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; 30 (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex pane order; or (2) documentation of the stalking from a provider of services described by Subsection (c) (1) , (2) , or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58. 152(a) of that code. (d) A tenant may exercise the rights to terminate the lease under Subsection (b) , vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and 31 (4) the tenant vacates the dwelling. (e) Except as provided by Subsection (g) , this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. (g) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking. " (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. (i) For purposes of Subsections (c) and (c-1) , a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. (j ) A person who receives information under Subsection (c) , (c-1) , or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. Added by Acts 2009, 81st Leg. , R.S. , Ch. 18 (S.B. 83) , Sec. 2, eff. January 1, 2010. Amended by: Acts 2013, 83rd Leg. , R.S. , Ch. 593 (S.B. 946) , Sec. 1, eff. January 1, 2014. Acts 2013, 83rd Leg. , R.S. , Ch. 593 (S.B. 946) , Sec. 2, eff. January 1, 2014. Acts 2015, 84th Leg. , R.S. , Ch. 394 (H.B. 1293) , Sec. 2, eff. September 1, 2015. Acts 2019, 86th Leg. , R.S. , Ch. 469 (H.B. 4173) , Sec. 2.63, 32 eff. January 1, 2021. Acts 2021, 87th Leg. , R.S. , Ch. 221 (H.B. 375) , Sec. 2.28, eff. September 1, 2021. Sec. 92.0162. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. (a) A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if: (1) the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section; (2) the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d) ; and (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. (b) Termination of a lease under this section is effective on the later of: (1) the 30th day after the date on which the notice under Subsection (a) was provided; or (2) the date on which all of the conditions in Subsection (a) have been met. (c) After receipt of the notice provided under Subsection (a) , the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for : (1) delinquent, unpaid rent; and (2) damages to the leased premises not caused by 33 normal wear and tear. (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. Added by Acts 2019, 86th Leg. , R.S. , Ch. 1349 (H.B. 69) , Sec. 1, eff. January 1, 2020. Sec. 92.017. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. U.S.C. Section 511. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or (B) to deploy with a military unit for a period of 90 days or more. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b) (1) applies or a copy of the servicemember's military orders if Subsection (b) (2) applies. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the 34 next rental payment is due after the date on which the notice under Subsection (c) (1) is delivered; or (2) in the case of a lease other than a lease described by Subdivision (1) , on the last day of the month following the month in which the notice under Subsection (c) (1) is delivered. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. (f) Except as provided by Subsection (g) , this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. (g) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer. " (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. (i) Except as provided by Subsection (j ) , a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. (j ) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. A waiver under this section does not 35 apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. (k) For purposes of Subsection (j ) , "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. Added by Acts 2005, 79th Leg. , Ch. 348 (S.B. 1186) , Sec. 1, eff. June 17, 2005, except Subsec. (g) eff. January 1, 2006. Sec. 92.018. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. Added by Acts 2005, 79th Leg. , Ch. 1344 (S.B. 399) , Sec. 1, eff. June 18, 2005. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg. , R.S. , Ch. 921 (H.B. 3167) , Sec. 17.001(64) , eff. September 1, 2007. Sec. 92.019. LATE PAYMENT OF RENT; FEES. (a) A landlord 36 may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (2) the fee is reasonable; and (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. (a-1) For purposes of this section, a late fee is considered reasonable if: (1) the late fee is not more than: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or (2) the late fee is more than the applicable amount under Subdivision (1) , but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a) (3) , and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. 37 Added by Acts 2007, 80th Leg. , R.S. , Ch. 917 (H.B. 3101) , Sec. 3, eff. January 1, 2008. Amended by: Acts 2009, 81st Leg. , R.S. , Ch. 1268 (H.B. 1109) , Sec. 1, eff. June 19, 2009. Acts 2019, 86th Leg. , R.S. , Ch. 629 (S.B. 1414) , Sec. 1, eff. September 1, 2019. Sec. 92.0191. STATEMENT OF LATE FEES. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. Added by Acts 2019, 86th Leg. , R.S. , Ch. 629 (S.B. 1414) , Sec. 2, eff. September 1, 2019. Sec. 92.020. EMERGENCY PHONE NUMBER. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. 38 Added by Acts 2007, 80th Leg. , R.S. , Ch. 917 (H.B. 3101) , Sec. 4, eff. January 1, 2008. Sec. 92.021. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b) . (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b) , if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. Added by Acts 2009, 81st Leg. , R.S. , Ch. 601 (H.B. 534) , Sec. 1, eff.. January 1, 2010. 39 Sec. 92.023. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. Added by Acts 2011, 82nd Leg. , R.S. , Ch. 512 (H.B. 1862) , Sec. 1, eff. September 1, 2011. Sec. 92.024. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a) , the landlord shall provide one complete copy of the lease to the requesting tenant. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d) , prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b) . 40 (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (1) in a paper format; (2) in an electronic format if requested by the tenant; or (3) by e-mail if the parties have communicated by e-mail regarding the lease. Added by Acts 2013, 83rd Leg. , R.S. , Ch. 588 (S.B. 630) , Sec. 1, eff. January 1, 2014. Sec. 92.025. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (1) the tenant: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. (c) This section does not create a cause of action or expand an existing cause of action. Added by Acts 2015, 84th Leg. , R.S. , Ch. 651 (H.B. 1510) , Sec. 1, eff. January 1, 2016. Amended by: Acts 2017, 85th Leg. , R.S. , Ch. 324 (S.B. 1488) , Sec. 23.011, eff. September 1, 2017. Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's 41 guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (1) in the tenant's rental unit; (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or (3) in other locations controlled by the landlord as necessary to: (A) enter or exit the tenant's rental unit; (B) enter or exit the leased premises; or (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. Added by Acts 2019, 86th Leg. , R.S. , Ch. 39 (H.B. 302) , Sec. 6, eff. September 1, 2019. SUBCHAPTER B. REPAIR OR CLOSING OF LEASEHOLD Sec. 92.051. APPLICATION. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. Acts 1983, 68th Leg. , p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.052. LANDLORD'S DUTY TO REPAIR OR REMEDY. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and (3) the condition: (A) materially affects the physical health or safety of an ordinary tenant; or (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal 42 or extension to repair or remedy a condition caused by: (1) the tenant; (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or (4) a guest or invitee of the tenant. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or (2) to furnish security guards. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. Acts 1983, 68th Leg. , p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 650, Sec. 3, eff. Aug. 28, 1989; Acts 1993, 73rd Leg. , ch. 48, Sec. 14, eff. Sept. 1, 1993. Amended by: Acts 2007, 80th Leg. , R.S. , Ch. 600 (H.B. 177) , Sec. 1, eff. September 1, 2007. Sec. 92.053. BURDEN OF PROOF. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. Acts 1983, 68th Leg. , p. 3633, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.054. CASUALTY LOSS. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. (b) If after a casualty loss the rental premises are as a 43 practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. (c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. A landlord and tenant may agree otherwise in a written lease. Acts 1983, 68th Leg. , p. 3633, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg. , ch. 48, Sec. 15, eff. Sept. 1, 1993. Sec. 92.055. CLOSING THE RENTAL PREMISES. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and (2) the landlord may not allow reoccupancy or 44 reconnection of utilities by separate meter within six months after the date the tenant moves out. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3) , (4) , and (5) of Subsection (a) of Section 92.0563; or (3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3) , (4) , and (5) of Subsection (a) of Section 92.0563. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. If another provision of this subchapter conflicts with this section, this section controls. Acts 1983, 68th Leg. , p. 3634, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 650, Sec. 4, eff. Aug. 28, 1989. Sec. 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; 45 NOTICE AND TIME FOR REPAIR. (a) A landlord's liability under this section is subject to Section 92.052 (b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3) ; (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3) ; and (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. (c) For purposes of Subsection (b) (4) or (5) , a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. (d) For purposes of Subsection (b) (3) or (4) , in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a 46 reasonable time. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. (e) Except as provided in Subsection (f) , a tenant to whom a landlord is liable under Subsection (b) of this section may: (1) terminate the lease; (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and (4) obtain judicial remedies according to Section 92.0563. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. Acts 1983, 68th Leg. , p. 3635, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 650, Sec. 5, eff. Aug. 28, 1989; Acts 1997, 75th Leg. , ch. 1205, Sec. 11, eff. Jan. 1, 1998. Amended by: Acts 2007, 80th Leg. , R.S. , Ch. 917 (H.B. 3101) , Sec. 5, eff. January 1, 2008. Acts 2015, 84th Leg. , R.S. , Ch. 1198 (S.B. 1367) , Sec. 4, eff. January 1, 2016. Sec. 92.0561. TENANT'S REPAIR AND DEDUCT REMEDIES. (a) If 47 the landlord is liable to the tenant under Section 92.056(b) , the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. (2) The tenant has given notice to the landlord as required by Section 92 .056(b) (1) , and, if required, a subsequent notice under Section 92.056(b) (3) , and at least one of those notices states that the tenant intends to repair or remedy the condition. The notice shall also contain a reasonable description of the intended repair or remedy. (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant's dwelling or the flooding from broken pipes or natural drainage inside the dwelling. (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant's dwelling and the water service to the dwelling has totally ceased. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the 48 equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or (4) have the condition repaired or remedied if the condition is not covered by Paragraph (A) , (B) , or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant's notice of intent to repair. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified 49 advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. (j ) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. A repair bill and receipt may be the same document. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair 50 cost. Added by Acts 1989, 71st Leg. , ch. 650, Sec. 6, eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg. , ch. 1205, Sec. 12, eff. Jan. 1, 1998. Sec. 92.0562. LANDLORD AFFIDAVIT FOR DELAY. (a) The tenant must delay contracting for repairs under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit, signed and sworn to under oath by the landlord or his authorized agent and complying with this section. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. (d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. (e) The affidavit must be delivered to the tenant by any of the following methods: (1) personal delivery to the tenant; (2) certified mail, return receipt requested, to the tenant; or 51 (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a 52 reasonable time to complete the repair before the tenant may repair or remedy the condition. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. (4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 as to the new landlord. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. Added by Acts 1989, 71st Leg. , ch. 650, Sec. 7, eff. Aug. 28, 1989. Sec. 92.0563. TENANT'S JUDICIAL REMEDIES. (a) A tenant's judicial remedies under Section 92.056 shall include- (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the 53 landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. The tenant shall have the burden of pleading and proving a knowing violation. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a) . (d) If a suit is filed in a justice court requesting relief under Subsection (a) , the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the loth day after that date. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $20,000, excluding interest and costs of court. (f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. Added by Acts 1989, 71st Leg. , ch. 650, Sec. 8, eff. Aug. 28, 1989. Amended by: Acts 2009, 81st Leg. , R.S. , Ch. 225 (S.B. 1448) , Sec. 1, eff. January 1, 2010. Acts 2023, 88th Leg. , R.S. , Ch. 89 (S.B. 1259) , Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg. , R.S. , Ch. 861 (H.B. 3474) , Sec. 3.003(a) , eff. September 1, 2023. Sec. 92.058. LANDLORD REMEDY FOR TENANT VIOLATION. (a) If the tenant withholds rents, causes repairs to be performed, or 54 makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. Acts 1983, 68th Leg. , p. 3638, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 650, Sec. 10, eff. Aug. 28, 1989. Sec. 92.060. AGENTS FOR DELIVERY OF NOTICE. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. Acts 1983, 68th Leg. , p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.061. EFFECT ON OTHER RIGHTS . The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property 55 damage under the law of this state. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. Acts 1983, 68th Leg. , p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg. , ch. 200, Sec. 5, eff. Aug. 26, 1985. Sec. 92.062. LEASE TERM AFTER NATURAL DISASTER. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. Added by Acts 2013, 83rd Leg. , R.S. , Ch. 475 (S.B. 1120) , Sec. 1, eff. January 1, 2014. SUBCHAPTER C. SECURITY DEPOSITS Sec. 92.101. APPLICATION. This subchapter applies to all residential leases. Acts 1983, 68th Leg. , p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg. , ch. 744, Sec. 1, eff. Jan. 1, 1996. Sec. 92.102. SECURITY DEPOSIT. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. Acts 1983, 68th Leg. , p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg. , ch. 744, Sec. 2, eff. Jan. 1, 1996. Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant 56 surrenders the premises. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Acts 1983, 68th Leg. , p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg. , ch. 744, Sec. 3, eff. Jan. 1, 1996. Sec. 92.1031. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. (a) Except as provided in Subsection (b) , a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. Added by Acts 1995, 74th Leg. , ch. 869, Sec. 13, eff. Jan. 1, 1996. Sec. 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. 57 (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and (2) there is no controversy concerning the amount of rent owed. Acts 1983, 68th Leg. , p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.1041. PRESUMPTION OF REFUND OR ACCOUNTING. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. Added by Acts 1995, 74th Leg. , ch. 744, Sec. 4, eff. Jan. 1, 1996. Sec. 92.105. CESSATION OF OWNER'S INTEREST. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. (c) Subsection (a) does not apply to a real estate mortgage 58 lienholder who acquires title by foreclosure. Acts 1983, 68th Leg. , p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg. , ch. 305, Sec. 2, eff. Aug. 26, 1985. Amended by: Acts 2015, 84th Leg. , R.S. , Ch. 1198 (S.B. 1367) , Sec. 5, eff. January 1, 2016. Sec. 92.106. RECORDS. The landlord shall keep accurate records of all security deposits. Acts 1983, 68th Leg. , p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.107. TENANT'S FORWARDING ADDRESS. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. Acts 1983, 68th Leg. , p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (b) A tenant who violates this section is presumed to have acted in bad faith. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. Acts 1983, 68th Leg. , p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this 59 subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. Acts 1983, 68th Leg. , p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.110. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. 60 Added by Acts 2015, 84th Leg. , R.S. , Ch. 1198 (S.B. 1367) , Sec. 6, eff.. January 1, 2016. Sec. 92.111. FEE IN LIEU OF SECURITY DEPOSIT. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and (3) of the charges for each option described by Subdivision (1) or (2) . (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and (2) the tenant. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and (2) payable at the time each rent payment is due during the lease. 61 (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance purchased under this subsection. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e) , an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (A) rent as the rent becomes due; and (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. (g) Except as provided by Subsection (h) , a fee collected under this section is a security deposit for purposes of this chapter. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c) ; and (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. (j ) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless 62 the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. (1) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; and (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. (m) If an insurer seeks reimbursement under Subsection (1) (2) , the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and (3) a copy of the settled claim that documents payments made by the insurer to the landlord. Added by Acts 2021, 87th Leg. , R.S. , Ch. 189 (S.B. 1783) , Sec. 1, eff. September 1, 2021. 63 SUBCHAPTER D. SECURITY DEVICES Sec. 92.151. DEFINITIONS. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. The device must be: (A) a clear glass pane or one-way mirror; or (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior . The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. The term includes double-hinged patio doors. (5) "Keyed dead bolt" means: (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or (B) a doorknob lock that contains a bolt with at least a one-inch throw. (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is 64 commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (A) under common ownership; (B) managed by the same owner, agent, or management company; and (C) located on the same lot or tract or adjacent lots or tracts of land. 65 (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. The term does not include occupancy before the initial occupancy date authorized under a lease. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and (C) designed to prevent the door from being opened. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. The term does not include dates of entry or occupation not authorized by the landlord. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993; Acts 1999, 76th Leg. , ch. 16, Sec. 1, eff. Sept. 1, 1999. 66 Sec. 92.152. APPLICATION OF SUBCHAPTER. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. (b) Except as provided by Subsection (a) , a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (2) a mobile home; (3) a single family house, duplex, or triplex; and (4) a living unit in an apartment, condominium, cooperative, or townhome project. Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 126, Sec. 1, eff. Aug. 28, 1995; Acts 1995, 74th Leg. , ch. 869, Sec. 2, eff. Jan. 1, 1996. Sec. 92.153. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. (a) Except as provided by Subsections (b) , (e) , (f) , (g) , and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; 67 (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or (2) a bolt installed inside the door and operated from the edge of the door, capable of insertion into the doorjamb above the door, and another bolt installed inside the door and operated from the edge of the door capable of insertion into the floor or threshold, each bolt having a throw of three-fourths inch or more. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. (e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a 68 physical or mental disability. The request must be a separate document and may not be included as part of a lease agreement. A landlord is not exempt as provided by this subsection if the landlord knows or has reason to know that the requirements of this subsection are not fulfilled. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a) (4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e) , (f) , or (g) ; and (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 869, Sec. 3, eff. Jan. 1, 1996. Sec. 92.154. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and (2) not higher than: 69 (A) 54 inches from the floor, if installed before September 1, 1993; or (B) 48 inches from the floor, if installed on or after September 1, 1993 . (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6) (A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or (2) be installed in a door with a metal doorjamb that serves as the strike plate. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6) (A) , installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b) (1) or (2) . Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.155. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or (2) 48 inches from the floor, if installed on or after September 1, 1993. Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.156. REKEYING OR CHANGE OF SECURITY DEVICES. (a) Except as otherwise provided by Subsection (e) , a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. 70 (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. A tenant may make an unlimited number of requests under this subsection. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. (d) This section does not apply to locks on closet doors or other interior doors. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Amended by: Acts 2015, 84th Leg. , R.S. , Ch. 1072 (H.B. 2404) , Sec. 1, eff. January 1, 2016. Sec. 92.157. SECURITY DEVICES REQUESTED BY TENANT. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and 71 (2) a door viewer if the door does not have a door viewer. (c) If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense. Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Amended by: Acts 2015, 84th Leg. , R.S. , Ch. 1072 (H.B. 2404) , Sec. 2, eff. January 1, 2016. Acts 2015, 84th Leg. , R.S. , Ch. 1198 (S.B. 1367) , Sec. 7, eff. January 1, 2016. Sec. 92.158. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.159. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.160. TYPE, BRAND, AND MANNER OF INSTALLATION. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 72 92.164(a) (1) or 92.165(1) . Amended by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.161. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. (a) Except as provided by Subsections (b) and (c) , a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92. 157, or 92.158 within a reasonable time. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. (b) If within the time allowed under Section 92.162 (c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b) , 92.157(a) , or 92.157(b) within a reasonable time. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c) . (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request; or (3) a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, 73 without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a) . Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.162. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b) , (c) , and (d) . (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear . Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. The tenant has the burden of proving that the misuse or damage was caused by another party. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b) ; or (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 74 days preceding the tenant's request, and the landlord complied with the request. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.163. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Except as provided by Section 92. 164(a) (1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.164. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. (a) If a landlord does not comply with Section 92.153 or 92. 156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in 75 accordance with Section 92. 166; (2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c) , if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for : (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (B) the tenant's actual damages; (C) court costs; and (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and (4) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c) , if the landlord does not comply on or before the third day after the date the notice is received, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (B) the tenant's actual damages; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (E) court costs; and (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. (b) A tenant may not unilaterally terminate the lease under Subsection (a) (2) or file suit against the landlord to obtain a judgment under Subsection (a) (4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the 76 tenant with notice that : (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153 (a) (1)-(4) and (6) ; (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92. 153(f) ; (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e) (3) ; and (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a) (1) . (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b) , the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, or a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, unless despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. 77 Sec. 92.1641. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. The landlord has a defense to liability under Section 92. 164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92 .164; or (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.162. Acts 1983, 68th Leg. , p. 3645, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg. , ch. 48, Sec. 17, eff. Sept. 1, 1993. Renumbered from Sec. 92.158 and amended 2001, 77th Leg. , ch. 1420, Sec. 17.001(a) , eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg. , R.S. , Ch. 1072 (H.B. 2404) , Sec. 3, eff. January 1, 2016. Acts 2015, 84th Leg. , R.S. , Ch. 1198 (S.B. 1367) , Sec. 8, eff. January 1, 2016. Sec. 92.165. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b) , 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment in accordance with Section 92.166; (2) unilaterally terminate the lease without court proceedings; and (3) file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (B) the tenant's actual damages; 78 (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; (D) a civil penalty of one month's rent plus $500; (E) court costs; and (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.166. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a) (1) or 92.165(1) after the landlord's failure to comply with this subchapter. The notice must be given at the time of the reduced rent payment. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a) (1) or 92.165(1) within a reasonable time after the landlord's written request for the key. Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.167. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (a) A landlord has a defense to liability under Section 92. 165 if on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by this subchapter. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92. 164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its 79 possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2) ; (B) stating that the owner has not provided or will not provide the necessary funds; and (C) explaining the remedies available to the tenant for the landlord's failure to comply. Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg. , ch. 1420, Sec. 17.001(b) , eff. Sept. 1, 2001. Sec. 92.168. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92. 164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.169. AGENT FOR DELIVERY OF NOTICE. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. Sec. 92.170. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. The duties of a landlord and the remedies of a tenant 80 under this subchapter are in lieu of common law, other statutory law, and local ordinances relating to a residential landlord's duty to install, change, rekey, repair, or replace security devices and a tenant's remedies for the landlord's failure to install, change, rekey, repair, or replace security devices, except that a municipal ordinance adopted before January 1, 1993, may require installation of security devices at the landlord's expense by an earlier date than a date required by this subchapter. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. Added by Acts 1993, 73rd Leg. , ch. 357, Sec. 3, eff. Sept. 1, 1993. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or (3) including the information in a copy of the tenant's 81 lease or in written rules given to the tenant before the tenant requests the information. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. (e) A correction to the information may be made by any of the methods authorized for providing the information. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. Acts 1983, 68th Leg. , p. 3646, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg. , ch. 869, Sec. 4, eff. Jan. 1, 1996. Sec. 92.202. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and (2) the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. A request by a government official or employee for information must be in writing. Acts 1983, 68th Leg. , p. 3647, ch. 576, Sec. 1, eff. Jan. 1, 1984. 82 Amended by Acts 1995, 74th Leg. , ch. 869, Sec. 4, eff. Jan. 1, 1996. Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes, and (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. Acts 1983, 68th Leg. , p. 3647, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg. , ch. 869, Sec. 4, eff. Jan. 1, 1996. Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b) (1) or (2) or Section 92.201(d) ; or (2) failing to correct information given under Section 92.201(b) (1) or (2) or Section 92.201(d) that the landlord knows is incorrect. Acts 1983, 68th Leg. , p. 3647, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg. , ch. 48, Sec. 18, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 869, Sec. 4, eff. Jan. 1, 1996. Sec. 92.205. REMEDIES. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; 83 (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and (5) unilateral termination of the lease without a court proceeding. (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and (4) a judgment against the landlord for court costs and attorney's fees. Acts 1983, 68th Leg. , p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg. , ch. 869, Sec. 4, eff. Jan. 1, 1996. Sec. 92.206. LANDLORD'S DEFENSE. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. Rent delinquency is not a defense for a violation of Section 92.204. Acts 1983, 68th Leg. , p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.207. AGENTS FOR DELIVERY OF NOTICE. (a) A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of: (1) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: 84 (A) demands for abatement of nuisances; (B) repair of a substandard dwelling; (C) remedy of dangerous conditions; (D) reimbursement of costs incurred by the governmental body in curing the violation; (E) fines; and (F) service of process. (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a) . Acts 1983, 68th Leg. , p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg. , ch. 869, Sec. 4, eff. Jan. 1, 1996. Sec. 92.208. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. Acts 1983, 68thLeg. , p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS Sec. 92.251. DEFINITIONS. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. It also means a "dwelling" as defined by Section 92.001. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. 85 Acts 1983, 68th Leg. , p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 3, eff. September 1, 2011. Sec. 92.252. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. (a) The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances regarding a residential landlord's duty to install, inspect, or repair a fire extinguisher or smoke alarm in a dwelling unit. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b) ; or (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and 86 (B) either: (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. Acts 1983, 68th Leg. , p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg. , ch. 475, Sec. 1, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1205, Sec. 13, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 3, eff. September 1, 2011. Sec. 92.253. EXEMPTIONS. (a) This subchapter does not apply to: (1) a dwelling unit that is occupied by its owner, no part of which is leased to a tenant; (2) a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. Acts 1983, 68th Leg. , p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984. 87 Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 3, eff. September 1, 2011. Sec. 92.254. SMOKE ALARM. (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to a person in the bedrooms it serves; and (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc. , Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a) , be capable of alerting a hearing-impaired person in the bedrooms it serves. (b) Except as provided by Section 92.255(b) , a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. Acts 1983, 68th Leg. , p. 3650, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg. , ch. 475, Sec. 2, eff. Sept. 1, 1987. Amended by: Acts 2009, 81st Leg. , R.S. , Ch. 824 (S .B. 1715) , Sec. 2, eff. January 1, 2010. Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 3, eff. September 1, 2011. Sec. 92.255. INSTALLATION AND LOCATION. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. In addition: (1) if the dwelling unit is designed to use a single 88 room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b) . Acts 1983, 68th Leg. , p. 3650, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 3, eff. September 1, 2011. Sec. 92.257. INSTALLATION PROCEDURE. (a) Subject to Subsections (b) and (c) , a smoke alarm must be installed according to the manufacturer's recommended procedures. (b) A smoke alarm must be installed on a ceiling or wall. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. Acts 1983, 68th Leg. , p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 3, eff. 89 September 1, 2011. Sec. 92.2571. ALTERNATIVE COMPLIANCE. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. Added by Acts 2007, 80th Leg. , R.S. , Ch. 1051 (H.B. 2118) , Sec. 12, eff. September 1, 2007. Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 3, eff. September 1, 2011. Sec. 92.258. INSPECTION AND REPAIR. (a) The landlord shall inspect and repair a smoke alarm according to this section. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. (d) The landlord must comply with the tenant's request for 90 inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. Acts 1983, 68th Leg. , p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg. , ch. 48, Sec. 19, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 869, Sec. 7, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 918, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 3, eff. September 1, 2011. Sec. 92.259. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. (b) If the tenant gives notice under Subsection (a) (2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair 91 of a smoke alarm in writing. Acts 1983, 68th Leg. , p. 3652, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg. , ch. 869, Sec. 8, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 918, Sec. 2, eff. Sept. 1, 1995. Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 3, eff. September 1, 2011. Sec. 92.260. TENANT REMEDIES. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a) (2) ; (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3) ; and (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a) (2) . Acts 1983, 68th Leg. , p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg. , ch. 869, Sec. 9, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 918, Sec. 3, eff. Sept. 1, 1995. Sec. 92.261. LANDLORD'S DEFENSES. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. Acts 1983, 68th Leg. , p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984. 92 Sec. 92.2611. TENANT'S DISABLING OF A SMOKE ALARM. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. (b) Except as provided in Subsection (c) , a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. (d-1) The notice in Subsection (d) (2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. (e) If a tenant is liable under Subsection (a) and the 93 tenant does not comply with the landlord's notice under Subsection (d) , the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and (4) a judgment against the tenant for reasonable attorney's fees. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. Added by Acts 1995, 74th Leg. , ch. 869, Sec. 10, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 918, Sec. 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 165, Sec. 28.01, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 4, eff. September 1, 2011. Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 5, eff. September 1, 2011. Sec. 92.262. AGENTS FOR DELIVERY OF NOTICE. A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. Acts 1983, 68th Leg. , p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 92.263. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association 94 or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and (2) within a reasonable time after receiving a written request by a tenant. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. Added by Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 6, eff. September 1, 2011. Sec. 92.264. DUTY TO REPAIR OR REPLACE. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (A) not to be functioning; or (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, 95 materials, taxes, and overhead. Added by Acts 2011, 82nd Leg. , R.S. , Ch. 257 (H.B. 1168) , Sec. 6, eff. September 1, 2011. SUBCHAPTER G. UTILITY CUTOFF Sec. 92.301. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 96 (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. Added by Acts 1989, 71st Leg. , ch. 650, Sec. 12, eff. Aug. 28, 1989. Sec. 92.302. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. The 97 notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property) : Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection) ." (c) If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. Added by Acts 2013, 83rd Leg. , R.S. , Ch. 322 (H.B. 1772) , Sec. 1, eff. January 1, 2014. SUBCHAPTER H. RETALIATION Sec. 92.331. RETALIATION BY LANDLORD. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or (4) establishes, attempts to establish, or participates in a tenant organization. (b) A landlord may not, within six months after the date of 98 the tenant's action under Subsection (a) , retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (3) decreasing services to the tenant; (4) increasing the tenant's rent or terminating the tenant's lease; or (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. Acts 1983, 68th Leg. , p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg. , ch. 48, Sec. 16, eff. Sept. 1, 1993. Redesignated from Property Code Sec. 92.057(a) and amended by Acts 1995, 74th Leg. , ch. 869, Sec. 5, eff. Jan. 1, 1996. Amended by: Acts 2013, 83rd Leg. , R.S. , Ch. 588 (S.B. 630) , Sec. 2, eff. January 1, 2014. Sec. 92.332. NONRETALIATION. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a 99 guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or (C) damage the property of the landlord, other tenants, or neighbors. Acts 1983, 68th Leg. , p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg. , ch. 48, Sec. 16, eff. Sept. 1, 1993. Redesignated from Property Code Sec. 92.057(b) , (c) and amended by Acts 1995, 74th Leg. , ch. 869, Sec. 5, eff. Jan. 1, 1996. Sec. 92.333. TENANT REMEDIES. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. If the 100 tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. Acts 1983, 68th Leg. , p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg. , ch. 48, Sec. 16, eff. Sept. 1, 1993. Redesignated from Property Code Sec. 92.057(d) and amended by Acts 1995, 74th Leg. , ch. 869, Sec. 5, eff. Jan. 1, 1996. Sec. 92.334. INVALID COMPLAINTS. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a) (3) , and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. Added by Acts 1995, 74th Leg. , ch. 869, Sec. 5, eff. Jan. 1, 1996. Sec. 92.335. EVICTION SUITS. In an eviction suit, retaliation by the landlord under Section 92 .331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. Acts 1983, 68th Leg. , p. 3638, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg. , ch. 650, Sec. 11, eff. Aug. 28, 101 1989. Renumbered from Property Code Sec. 92.059 and amended by Acts 1995, 74th Leg. , ch. 869, Sec. 5, eff. Jan. 1, 1996. SUBCHAPTER I. RENTAL APPLICATION Sec. 92.351. DEFINITIONS. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. Added by Acts 1995, 74th Leg. , ch. 744, Sec. 5, eff. Jan. 1, 1996. Renumbered from Property Code Sec. 92.331 by Acts 1997, 75th Leg. , ch. 165, Sec. 31.01(71) , eff. Sept. 1, 1997. Amended by: Acts 2007, 80th Leg. , R.S. , Ch. 917 (H.B. 3101) , Sec. 7, eff. January 1, 2008. Sec. 92.3515. NOTICE OF ELIGIBILITY REQUIREMENTS. (a) At the time an applicant is provided with a rental application, the 102 landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (1) criminal history; (2) previous rental history; (3) current income; (4) credit history; or (5) failure to provide accurate or complete information on the application form. (b) If the landlord makes the notice available under Subsection (a) , the applicant shall sign an acknowledgment indicating the notice was made available. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded. " (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. Added by Acts 2007, 80th Leg. , R.S. , Ch. 917 (H.B. 3101) , Sec. 8, eff.. January 1, 2008. Sec. 92.352. REJECTION OF APPLICANT. (a) The applicant is 103 deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. Added by Acts 1995, 74th Leg. , ch. 744, Sec. 5, eff. Jan. 1, 1996. Renumbered from Property Code Sec. 92.332 by Acts 1997, 75th Leg. , ch. 165, Sec. 31.01(71) , eff. Sept. 1, 1997. Sec. 92.353. PROCEDURES FOR NOTICE OR REFUND. (a) Except as provided in Subsection (b) , a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or (2) United States mail, addressed to the applicant and postmarked on or before the required date. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. Added by Acts 1995, 74th Leg. , ch. 744, Sec. 5, eff. Jan. 1, 1996. Renumbered from Property Code Sec. 92.333 by Acts 1997, 75th Leg. , ch. 165, Sec. 31.01(71) , eff. Sept. 1, 1997. Sec. 92.354. LIABILITY OF LANDLORD. A landlord who in bad faith fails to refund an application fee or deposit in violation of 104 this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. Added by Acts 1995, 74th Leg. , ch. 744, Sec. 5, eff. Jan. 1, 1996. Renumbered from Property Code Sec. 92.334 by Acts 1997, 75th Leg. , ch. 165, Sec. 31.01(71) , eff. Sept. 1, 1997. Amended by: Acts 2007, 80th Leg. , R.S. , Ch. 917 (H.B. 3101) , Sec. 9, eff. January 1, 2008. Sec. 92.355. WAIVER. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. Added by Acts 2007, 80th Leg. , R.S. , Ch. 917 (H.B. 3101) , Sec. 10, eff. January 1, 2008. 105 r4R� NOKT"H KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2024 SUBJECT: Discuss short term rentals. PRESENTER: Clayton Comstock, Managing Director of Development Services SUMMARY: Staff intends to introduce the topic of Short-term Rentals ("STRs") to City Council in Work Session, including the legal framework and considerations of STR regulations, what the Texas Legislature has considered over the last two sessions, how other North Texas cities are addressing STRs, what a model ordinance for North Richland Hills might include, and next steps. Staff will go into more detail on each topic during the Work Session presentation. GENERAL DESCRIPTION: What are Short Term Rentals? Why consider registering and regulating them? Short-term Rentals (STRs) are generally defined as residential premises used for lodging for not more than 30 consecutive days and serve as a lodging alternative to a conventional hotel/motel. Popular booking sites for STRs include Airbnb, Vrbo, Booking.com, and FlipKey. Short-term rentals benefit the community by providing a short-term housing solution for those that may be transitioning between homes (i.e. new residents waiting to close and move into a new home) and provide temporary workforce housing for seasonal occupations. Staying at a short-term rental also allows families the comforts of multiple bedrooms and kitchen facilities under one roof, rather than a conventional hotel/motel arrangement. The operations of a short-term rental property can sometimes conflict with the consistency and predictability of living in a single-family neighborhood. The top concerns the City hears about from neighbors of STRs is parking, parties (noise), trash, and overall maintenance of the property. Furthermore, short-term rentals have been argued to be commercial businesses located within residential neighborhoods and compete with local hotels and motels. To balance this, many communities require registration of short-term rental properties with the city in r4R� NOKT"H KICHLAND HILLS order to assess and collect the same Hotel Occupancy Taxes that conventional hotels/motels pay for any stay less than 30 days in length. In an April 2023 software demonstration presentation by Granicus Host Compliance, 118 unique short-term rental properties were identified within NRH city limits, 95% of which were single family homes. Their analysis also showed that 79% were "whole home" rentals, and 21% partial home rentals. Legal Considerations Since the rise in popularity of short-term rentals over the past 7+years, cities have passed ordinances that range from simple registration and/or minor regulations to outright prohibition. This introduction of new municipal regulation on private property rights has resulted in a number of cities' ordinances being challenged in court. Much of the most recent case law in Texas confirms that outright or de facto prohibitions on STRs are impermissible and will be stricken down by the courts. Understanding the potential constitutional challenges to STR ordinances will guide the City in drafting an effective ordinance that does not violate the constitutional rights of property owners or tenants and will have a lower risk of being challenged. For example, in Zaatari v. City of Austin, which considered the constitutional right to assemble, cities can learn that it is best to avoid adopting regulations that limit assembly at an STR. Instead, regulations may target nuisance-like conduct in order to address the negative effects of such assemblies. Hignell-Stark v. City of New Orleans (Fifth Circuit Court) established that a city can require a local contact for the STR but may not require the owner to live within the city limits. These and other examples will help guide the creation of an ordinance for North Richland Hills. The Texas Supreme Court has also held that an STR can fall within the definition of "residential" so long as the short-term tenants use the property solely for a residential purpose, which the court noted could consist of activities like eating, sleeping, or watching TV, but did not require owner occupancy or the use of the property as a tenant's domicile. Based on this holding, ordinances attempting to exclude the operation of STRs in residential areas by broadly defining it as a commercial use are likely to be overturned. This reasoning contributed to the Court of Appeals' decision to strike down the City of Grapevine's ordinance. Court decisions thus far encourage the City to focus on identifying its primary concerns with precision and tailoring its ordinance to balance preserving property owners' rights with minimizing potential adverse aspects of short-term rentals on the neighborhoods in which they are located. The safest option for municipalities is to avoid infringing on constitutional rights by providing a clear record of the legitimate governmental interests to be furthered by enacting an STR ordinance and incorporating adequate due process mechanisms to serve as "safety valves" to offset the likelihood of constitutional challenges. r4R� NOKT"H KICHLAND HILLS Texas Legislature In the 2021 Texas legislative session, a number of bills were proposed that would have guided and restricted municipal regulation of STRs, although none were ultimately passed. Those bills that were introduced allowed municipalities to require registration, emergency contacts, annual inspections, insurance, "two per bedroom plus two" occupancy limits, rules and procedures for permit registration and suspension, civil penalties for violations, and the creation of an STR marketplace for the collection and remittance of hotel occupancy taxes. The 2023 Texas legislative session had fewer STR bill proposals than 2021; and it is generally believed that the issue will not be addressed by legislative sessions in the near future. This leaves resolution on STR regulations to the local jurisdictions and the courts. Comparison Cities Development Services staff surveyed a number of communities in North Texas and also received other surveys that other cities have conducted throughout the state. While some "model" or example ordinances are beginning to emerge after two legislative sessions and some lower court rulings, there is not yet a clear and consistent approach to municipal STR regulation. Examples of North Texas cities that have a dedicated ordinance addressing STRs include: • Haltom City 0 Mesquite • Euless 0 Coppell • Bedford a Farmers Branch • Arlington • Richardson • Fort Worth • Dallas Alternatively, and similar to North Richland Hills' approach over the past few years, some municipalities continue to hold off on proposing regulations until either the courts or the Texas Legislature determine what can and cannot be regulated by municipalities. Among those cities without a dedicated ordinance, there are some that interpret their current zoning and building regulations to prohibit STRs, and others that interpret that they are permitted without any additional regulation. Some examples of North Texas cities that do not have specific STR regulations yet include DeSoto, Cedar Hill, Lancaster, Southlake, Colleyville, and Keller. Both Watauga and Richland Hills are currently working through ordinances. North Richland Hills currently requires STRs to register as Single Family Rentals, with one inspection conducted at the beginning of STR operations. r4R� NOKT"H KICHLAND HILLS Example Ordinance Framework After review of numerous ordinances and legal considerations, staff intends to share the below possible contents of a draft Short Term Rental Ordinance for the public's and City Council's consideration: 1. Annual licensing/registration requirements: a. Owner and local representative/contact or property manager. b. Floor plan establishing occupancy limit. c. Proof of hotel occupancy tax registration. d. License/registration fee. 2. Inspections. 3. Process: Denial, revocation, reinstatement or reissuance of licenses; appeals process. 4. Violations and penalties. 5. Standards of Operation: a. Parking b. Signage/Advertising c. Occupancy limits d. Display of occupant information sheet, including property manager, owner, city, and emergency contact information, and outlining the standards of conduct for tenants. e. Minimum age to rent. 6. Property maintenance standards. Next Steps Staff has outlined and recommended the following next steps in considering regulations for a short-term rental ordinance: 1. Obtain Citizen Feedback. For an STR ordinance to have legal standing in the courts, the City must generally demonstrate that the ordinance addresses a known problem or issue identified by the community. The City should use tools such as Flashvote or other online surveys, open houses, and focus groups to identify the concerns of the community. MR D HILLS 2. Identify the Current State of STRs in the City. In the FY2025 Budget, City Council approved an expenditure to hire a consultant group to gather and analyze data on STRs within the community. 3. Seek Out Relevant Studies. Development Services staff has already conducted extensive outreach to other cities and has gathered ordinances and studies from cities that share the same assumed concerns as our community. Other cities' studies and justification for regulation will support our community's needs as well. 4. STR Registration & Hotel Occupancy Tax. At the Work Session, staff will be seeking direction from City Council regarding next steps and the desired direction for any short-term rental ordinance. r4R� NOKT"H KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2024 SUBJECT: Approve the minutes of the September 9, 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 September 9, 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 SEPTEMBER 9, 2024 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9th day of September at 5:45 p.m. in the Council Workroom prior to the 7:00 p.m. regular City Council meeting. Present: Jack McCarty Mayor Tito Rodriguez Place 1 Ricky Rodriguez Associate Mayor Pro Tem, Place 2 Suzy Compton Place 3 Matt Blake Place 4 Russ Mitchell Place 6 Kelvin Deupree Mayor Pro Tem, Place 7 Absent: Blake Vaughn Deputy Mayor Pro Tem, Place 5 Staff Members: Paulette Hartman City Manager Trudy Lewis Assistant City Manager Caroline Waggoner Assistant City Manager Alicia Richardson City Secretary/Chief Governance Officer Bradley Anderle Interim City Attorney CALL TO ORDER Mayor McCarty called the meeting to order at 5:46 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Council member Mitchell asked if Sunbelt Pools, Inc. (item B.2) is the same company that the city has used in the past and if the city received bids from local companies. Director of Parks and Recreation Adrien Pekurney informed City Council the city has an existing contract with Sunbelt Pools, Inc. and the item for consideration this evening is to approve additional funding to their contract. City Manager Paulette Hartman introduced Bradley Anderle with Taylor Olson Adkins Sralla Elam (TOASE). The agreement for legal services with TOASE is on the agenda tonight. The agreement appoints Mr. Anderle to serve as the city's attorney. September 09, 2024 City Council Meeting Minutes Page 1 of 12 2. DISCUSS NORTH COLLEGE CIRCLE VEHICULAR TRAFFIC Assistant Director of Public Works Boe Blankenship provided a historical overview of North College Circle. He shared an aerial photograph from 1963 that showed North College Circle. The city's first transportation plan, adopted in the early 1980s, designates North College Circle as a minor collector. Mr. Blankenship reviewed data (traffic volume, speed, accident history for past 3.5 years and parking adjacent to apartments) for North College Circle. The data is consistent with traffic on minor collector streets. Staff is in the process of an in-design pavement marking plan for North College Circle to address faded parking and travel lane widths. Mr. Blankenship reviewed the city's criteria for placement of multi-way stop signs. Due to the increase in ridership and attendance at Fort Worth Christian, staff recommends the expansion of the school zones. City Council and staff discussed apartment parking on North College Circle, location of stop signs on North College Circle, people running stop signs, speed humps and the city's speed hump policy, increased school zone on Holiday Lane, comparison intersections (Maplewood Drive, Lola Drive, and Emerald Hills), vetting the city's response to avoid unsystematic placement of street calming measures, and to survey residents in the area of North College Circle. 3. DISCUSS PROPOSED UPDATES TO THE TRUCK ROUTE ORDINANCE. Assistant City Manager Caroline Waggoner informed City Council tonight's presentation is information that was presented at the January 22, 2024 work session. Staff is proposing a truck route ordinance to designate commercial truck traffic routes. The ordinance provides updated definitions, designation of truck routes and commercial delivery routes, clarification of route types and exceptions for emergency, public service, and school buses. Ms. Waggoner provided a map of the truck routes and commercial delivery routes in the city. The proposed ordinance will be placed on a future agenda. 4. DISCUSS PEDESTRIAN AND CYCLIST SAFETY ON NRH ROADWAYS. The City Council received a presentation from Police Captain Jonathan Richerson regarding vehicle and pedestrian crashes for the time period of January 1, 2022 - August 31, 2024. FUTURE AGENDA ITEM(S) Council member Mitchell asked to add an item to discuss the rules outlined in the ordinance for the Naming Board. September 09, 2024 City Council Meeting Minutes Page 2 of 12 City Manager Paulette Hartman clarified that City Council determines if proposals under this section are placed on a future agenda. City Secretary Alicia Richardson informed City Council the ordinance establishing the Naming Board states that the Board only meets when the city secretary receives a request to name a city facility. The City Council approved the ordinance outlining the charge for the Naming Board. If changes are requested, it is the City Council, and not the Naming Board, that considers changes to the ordinance. Council member Blake asked what the City Council needs to do to address North College Circle. Ms. Hartman stated that staff will conduct a survey of the neighborhood as recommended by the City Council. EXECUTIVE SESSION 1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - 6701 DAVIS BOULEVARD. 2. SECTION 551.071: CONSULTATION WITH CITY ATTORNEY REGARDING LEGAL ADVICE - PURCHASE AND SALE AGREEMENT FOR 6701 DAVIS BOULEVARD. Mayor McCarty announced at 6:57 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072: Deliberate the purchase, exchange, lease, or value of real property - 6701 Davis Boulevard and Section 551.071: Consultation with City Attorney regarding legal advice - Purchase and Sale Agreement for 6701 Davis Boulevard. Executive Session began at 7:02 p.m. and concluded at 7:24 p.m. Mayor McCarty announced at 7:24 p.m. that City Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor McCarty called the meeting to order September 9, 2024 at 7:29 p.m. Present: Jack McCarty Mayor Tito Rodriguez Place 1 Ricky Rodriguez Associate Mayor Pro Tem, Place 2 Suzy Compton Place 3 Matt Blake Place 4 Russ Mitchell Place 6 September 09, 2024 City Council Meeting Minutes Page 3 of 12 Kelvin Deupree Mayor Pro Tem, Place 7 Absent: Blake Vaughn Deputy Mayor Pro Tem, Place 5 Staff Members: Paulette Hartman City Manager Alicia Richardson City Secretary/Chief Governance Officer Bradley Anderle Interim City Attorney A.1 INVOCATION Council member Mitchell gave the invocation. A.2 PLEDGE Council member Mitchell led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION Mr. Markos Drago, 7100 Trinidad Drive, commented on the city's regulations regarding carports. He asked for City Council's assistance for a variance or modification of the city's ordinance/regulation. Mr. Bill Finstad, 7701 Terry Drive, commented about traffic safety and traffic volume on North College Circle. He does not want road humps on North College Circle. Stop signs will deter vehicular traffic. Mr. Dwayne Leslie, 7708 Ridgeway Court, commented on the service of city staff and thanked Caroline Waggoner, Clayton Comstock, Nathan Frohman, and Kurt Kasson for going above and beyond. Mr. Charles Scoma, 8300 Cardinal Lane, thanked staff and City Council for publishing the meeting video of their goals work session. He noticed there was no discussion regarding the city's aging population and the need for affordable housing in North Richland Hills. A.5 PUBLIC COMMENTS There were no requests to speak from the public. September 09, 2024 City Council Meeting Minutes Page 4 of 12 A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER BLAKE, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE THE MINUTES OF THE AUGUST 26, 2024 CITY COUNCIL MEETING. B.2 APPROVE AMENDMENT TO ADD $20,000 TO THE COOPERATIVE PURCHASING CUSTOMER AGREEMENT WITH SUNBELT POOLS, INC. FOR SUPPLIES, MAINTENANCE AND EMERGENCY POOL REPAIRS AT NRH2O AND THE NRH CENTRE IN AN AMOUNT NOT TO EXCEED $69,999 USING BUYBOARD CONTRACT NO. 701-23. B.3 AUTHORIZE THE CITY TO ENTER INTO A RENEWED FIVE-YEAR LEASE AGREEMENT WITH PITNEY BOWES TO PROVIDE POSTAGE EQUIPMENT AND SERVICE USING BUY BOARD CONTRACT, #656-21, IN THE AMOUNT OF $61,971. B.4 CONSIDER RESOLUTION NO. 2024-043, APPROVING THE CERTIFIED TAX ROLL FOR TAX YEAR 2024. B.5 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P., FOR LEGAL SERVICES. C. PUBLIC HEARINGS C.1 ZC24-0107, ORDINANCE NO. 3865, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROE GORDON FOR A ZONING CHANGE FROM AG (AGRICULTURAL) TO REA (RESIDENTIAL ESTATE) AT 7901 GREEN VALLEY DRIVE, BEING 1.31 ACRES DESCRIBED AS A PORTION OF TRACT 2A1, STEPHEN RICHARDSON SURVEY, ABSTRACT 1266. APPROVED September 09, 2024 City Council Meeting Minutes Page 5 of 12 Mayor McCarty opened the public hearing and called on Principal Planner Clayton Husband to introduce the item. Mr. Husband informed City Council the applicant is requesting a zoning change for 1.31 acres located at 7901 Green Valley Drive. The area is designated on the Comprehensive Land Use Plan as low density residential, and the current zoning is AG, agricultural. Mr. Husband provided site photos of the property. Applicant representative Roe Gordon, 7901 Green Valley Drive, stated that he is requesting a building permit to construct a new residence. Mr. Husband presented staff's report. The Planning and Zoning Commission, at their September 5, 2024 meeting, recommended approval with a vote of 7-0. Mayor McCarty 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 McCarty asked if there was anyone in the audience wishing to speak for or against the item to come forward. There being no one wishing to speak, Mayor McCarty closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO APPROVE ZC24-0107, ORDINANCE NO. 3865 AS PRESENTED. MOTION TO APPROVE CARRIED 6-0. C.2 CONDUCT A PUBLIC HEARING AND CONSIDER ORDINANCE NO. 3867, ADOPTING THE FISCAL YEAR 2024/2025 OPERATING AND CAPITAL BUDGET, AND RATIFY THE INCREASED PROPERTY TAX REVENUES REFLECTED IN THE FISCAL YEAR 2024/2025 ADOPTED BUDGET. APPROVED Mayor McCarty opened the public hearing for Ordinance No. 3867 and called on City Manager Paulette Hartman for introductory comments. Ms. Hartman stated that the city has experienced change in administration and elected officials. The City Council met in July to discuss and set the vision for the city. As a result of this meeting, the proposed budget incorporates public engagement and transparency, process improvement and efficiency studies, optimizations in revenues and expenditures, doubling the funding amount ($2 million to $4 million) for street maintenance and plans for a future bond election, and competitive compensation for all employees to retain and recruit the best. The budget includes seven (7) public safety September 09, 2024 City Council Meeting Minutes Page 6 of 12 positions, most being funded in the Crime Control District budget. (1) patrol sergeant, (1) dispatcher, (2) school resource officers, and (3) campus school resource officers. The school district has a new state law requirement to place officers at every single elementary school. The city is working with the school district to provide officers. The budget also provides funding for short term rental registration and monitoring, restaurant reward program, and promoting wellness for city employees. The proposed budget includes the same tax rate and is just under the no-new-revenue rate. Director of Budget and Research Chase Fosse provided an overview of the proposed Fiscal Year 2024/2025 budget, utility rates, and capital budget. The budget is based off the rate of $0.489389, which is lower than the no-new-revenue rate of $0.489837. While the tax rate is below the no-new-revenue rate, an increase in certified values results in increased total property tax revenues. Pursuant to state law, a disclosure is required in the city's budget document that the budget will raise more total property taxes than last year's budget by $1,531,672 or 3.78%, and of that amount $553,691 is tax revenue to be raised from new property added to the tax roll this year. Mayor McCarty 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 McCarty asked if there was anyone in the audience wishing to speak for or against the item to come forward. There being no one wishing to speak, Mayor McCarty closed the public hearing. Mayor McCarty announced that this item requires two separate motions and action by the City Council. A MOTION WAS MADE BY COUNCIL MEMBER MITCHELL, SECONDED BY COUNCIL MEMBER BLAKE TO APPROVE ORDINANCE NO. 3867, ADOPTING THE FISCAL YEAR 2024/2025 OPERATING BUDGET AND CAPITAL PROJECTS BUDGET. MOTION TO APPROVE CARRIED 6-0. APPROVED A MOTION WAS MADE BY COUNCIL MEMBER MITCHELL, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO RATIFY THE INCREASE IN PROPERTY TAX REVENUES IN THE FISCAL YEAR 2024/2025 ADOPTED BUDGET. MOTION TO APPROVE CARRIED 6-0. C.3 CONDUCT A PUBLIC HEARING AND CONSIDER ORDINANCE NO. 3866, ADOPTING THE TAX YEAR 2024 (FISCAL YEAR 202412025) TAX RATE. September 09, 2024 City Council Meeting Minutes Page 7 of 12 APPROVED Mayor McCarty opened the public hearing and called on Director of Budget and Research Chase Fosse to introduce the item. Mr. Fosse provided an overview of tax year 2024 net taxable values, the certified roll by category, the city's homestead exemption for eligible residents, and tax freezes for senior and disabled persons. Although the city's tax rate is below the no-new-revenue rate, the maintenance and operation (M&O) portion of the tax rate is higher than the previous tax year. Pursuant to state law, the city's ordinance adopting the tax rate and the city's website must include language that the tax rate will raise more taxes for maintenance and operations than last year's tax rate. Mr. Fosse reviewed the combined tax rate by entity and the total combined tax rate of $2.177469 for residents located in Birdville Independent School District and $2.061869 for residents in Keller Independent School District. Mayor McCarty 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 McCarty asked if there was anyone in the audience wishing to speak for or against the item to come forward. There being no one wishing to speak, Mayor McCarty closed the public hearing. Mayor McCarty stated that this item requires three separate motions and action by the City Council. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ THAT THE PROPERTY TAX RATE FOR MAINTENANCE AND OPERATIONS BE SET AT 33.1432 CENTS PER $100 OF VALUATION. MOTION TO APPROVE CARRIED 6-0. APPROVED A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ THAT THE PROPERTY TAX RATE FOR INTEREST AND SINKING BE SET AT 15.7957 PER $100 OF VALUATION. MOTION TO APPROVE CARRIED 6-0. APPROVED September 09, 2024 City Council Meeting Minutes Page 8 of 12 A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ORDINANCE NO. 3866, ADOPTING A TOTAL TAX RATE OF 48.9389 PER $100 OF VALUATION FOR TAX YEAR 2024. MOTION TO APPROVE CARRIED 6-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 CONSIDER RESOLUTION NO. 2024-041, ADOPTING AN UPDATED MISSION, VISION, AND GOALS FOR THE CITY OF NORTH RICHLAND HILLS. APPROVED City Manager Paulette Hartman presented the city's mission statement, vision statement and goals for the City of North Richland Hills. She commented that staff will place an item on a future work session to present tasks associated with the goals. Mission: To promote an exceptional quality of life for our community by being resident-focused, fiscally responsible, and business-friendly. Vision: To be the standard for transparent, resident-focused, fiscally-responsible, business-welcoming municipal government in Texas. Goals: Drive operational excellence into every area. Become easier to do business with. Steward the public's money well. Be a great place to work. Revitalize neighborhoods and commercial corridors. Engage residents to enhance connection with the city and their neighbors. Improve safety, security, and infrastructure every day. September 09, 2024 City Council Meeting Minutes Page 9 of 12 A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE RESOLUTION NO. 2024-041, ADOPTING AN UPDATED MISSION, VISION, AND GOALS FOR THE CITY OF NORTH RICHLAND HILLS. MOTION TO APPROVE CARRIED 6-0. F.2 CONSIDER RESOLUTION NO. 2024-042, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN AN AMOUNT NOT TO EXCEED $5,700,000 FOR THE GREEN EXTREME REPLACEMENT PROJECT. APPROVED City Council received a presentation from Director of Finance Jay Patel. A MOTION WAS MADE BY COUNCIL MEMBER BLAKE, SECONDED BY COUNCIL MEMBER MITCHELL TO APPROVE RESOLUTION NO. 2024-042, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN AN AMOUNT NOT TO EXCEED $5,700,000 FOR THE GREEN EXTREME REPLACEMENT PROJECT. MOTION TO APPROVE CARRIED 6-0. F.3 CAST BALLOT FOR TEXAS MUNICIPAL LEAGUE (TML) REGION 8 DIRECTOR TO SERVE A TWO-YEAR TERM ON THE TML BOARD OF DIRECTORS. APPROVED City Council received a presentation from City Secretary/Chief Governance Officer Alicia Richardson. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER COMPTON TO CAST BALLOT FOR TEXAS MUNICIPAL LEAGUE (TML) REGION 8 DIRECTOR FOR JON MCKENZIE TO SERVE A TWO-YEAR TERM ON THE TML BOARD OF DIRECTORS. MOTION TO APPROVE CARRIED 6-0. September 09, 2024 City Council Meeting Minutes Page 10 of 12 G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor McCarty advised that City Council met in Executive Session, pursuant to Section 551.071: Consultation with City Attorney regarding legal advice - Purchase and Sale Agreement for 6701 Davis Boulevard.and Section 551.072: Deliberate the purchase, exchange, lease, or value of real property- 6701 Davis Boulevard. Mayor McCarty announced there was no action necessary as the result of Executive Session. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tern Deupree made the following announcements. Yoga in the Park returns this Saturday, September 14 at 9:00 a.m. at Linda Spurlock Park. This free class is open to ages 12 and up. Pre-registration is required through the NRH Centre website. Enjoy a free bluegrass concert by the group loni Creek this Saturday, September 14, at the NRH Library. The performance, which is part of our Celebrating Culture Series, starts at 3:00 p.m. in the Library lobby. Learn CPR and save a life. The NRH Fire Department conducts CPR classes each month for the community. The next class is Thursday, September 19 at 6:00 p.m. Visit the city's website to get more details and sign up. Kudos Korner - Cindy Garvin in Permits & Inspections - A business owner sent a letter of appreciation to the city after Cindy assisted him with submitting an online permit application. He praised her for being extremely professional, patient and kind. Quote: "Ms. Garvin is a shining example of what excellent customer service entails, and I am confident that her contributions are invaluable to the City. Thank you for fostering a culture of excellence and prioritizing customer needs. Ms. Garvin is the type of employee every organization needs." I. ADJOURNMENT Mayor McCarty adjourned the meeting at 8:34 p.m. September 09, 2024 City Council Meeting Minutes Page 11 of 12 Jack McCarty, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer September 09, 2024 City Council Meeting Minutes Page 12 of 12 r4R� NOKT"H KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2024 SUBJECT: Authorize the City Manager to execute a renewal of the Northeast Tarrant Teen Court Interlocal Agreement with cities of Watauga and Richland Hills, for the consolidated Teen Court Services Program. PRESENTER: Rebecca Vinson, Court Administrator SUMMARY: City Council is asked to consider renewal of an interlocal agreement for consolidated teen court services in Northeast Tarrant Teen Court (NETTC) for the cities of North Richland Hills, Watauga and Richland Hills. The agreement is for a one-year period with the option to extend for one additional year. GENERAL DESCRIPTION: The City of North Richland Hills has collaborated with the City of Watauga since 2010, and the City of Richland Hills since 2013, to provide teen court program services. This program operates under the direction of the North Richland Hills Municipal Court in partnership with a network of specialized support services and agencies to reduce youth recidivism. The City Council is asked to consider an interlocal agreement, which outlines a one-year renewal of our existing participation in the NETTC. This agreement includes an option to extend for another year. Staff anticipates handling approximately 325 cases through the NETTC program during the 2024-2025 fiscal year. The total cost of the program is $20,386 which will be shared proportionally based on the number of participants from each city. In addition to our current program operations, the City is preparing to implement a Youth Diversion Program, which is mandated by the state effective January 1, 2025. The goal of the Youth Diversion Program is to address underlying issues that may have led to the criminal behavior and to reduce recidivism. NETTC is designed to accommodate this new requirement, allowing each participating city to incorporate the Youth Diversion Program into their existing operating plan. This will ensure that NETTC continues to provide effective services to young people in our community while meeting the state's mandate. RECOMMENDATION: Authorize the City Manager to execute a renewal of the Northeast Tarrant Teen Court Interlocal Agreement with cities of Watauga and Richland Hills, for the consolidated Teen Court Services Program. STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF TARRANT § THIS AGREEMENT is entered into this the lst day of October, 2024, by and between the Cities of North Richland Hills, Watauga and Richland Hills, Texas, municipal corporations, (hereafter referred to as "Cities" or "each participating City") the parties acting herein under the authority and pursuant to the terms of Chapter 791, INTERLOCAL COOPERATION CONTRACTS, Texas Government Code, for the purpose of establishing the terms under which a Teen Court program will be established and funded. WHEREAS, the City of North Richland Hills has a Teen Court program established and operating and the Cities of Watauga and Richland Hills desire to make this program available to the residents of their respective cities; and, WHEREAS, the Cities find that the terms and conditions set out herein for providing for the operation of a Teen Court for the parties hereto is equitable and will provide benefits to each; NOW THEREFORE, W I T N E S S E T H: For and in consideration of the mutual promises and covenants herein made, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Cities of North Richland Hills, Watauga and Richland Hills, Texas do hereby contract and agree as follows : SECTION 1. The Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system while allowing them to assume responsibility for their own actions by involvementin the judicial process and community service in order that their offenses will not be recorded; bringing juvenile offenders before a jury of their peers and to the community for constructive punishment which will provide the youths with an understanding of the judicial system and a realization of their roles (responsibilities) in the community. SECTION 2. The City of North Richland Hills shall provide a court facility available for holding teen court on Monday nights and provide a Judge and Bailiff for all weekly sessions, employ a Teen Court Clerk to assist in administering and coordinating the activities of the Teen Court program and provide office space for the clerk. The Teen Court Clerk will work under the supervision of the North Richland Hills Case Manager, who shall be responsible for data tracking for statistical reporting purposes . SECTION 3. Watauga and Richland Hills agree to provide a Teen Court Board Member and Teen Court Judge to add in the rotation of scheduling with North Richland Hills Board Members and Teen Court Judges. 1 SECTION 4 . The Cities agree that the Teen Court Clerk, Juvenile Case Manager, and Bailiff provided under the Teen Court program are employees of the City of North Richland Hills and the cities of Watauga and Richland Hills shall have no obligation to such employees for salaries or benefits . Watauga and Richland Hills shall reimburse North Richland Hills the amounts set forth herein in this section to offset the costs incurred by North Richland Hills for the operation of the Teen Court program. Such costs shall be in the collective amount of $20, 386 . 00 for the year beginning October 1, 2024 . Watauga agrees to pay 690 ($14, 101) and Richland Hills agrees to pay 310 ($6, 285) . Each party shall make respective payments from current revenues available to the paying party. SECTION 5. North Richland Hills has an existing Teen court Advisory Board in its jurisdiction appointed to such board by the City Council . Watauga and Richland Hills shall have the right to appoint one additional member to such advisory board. SECTION 6. This Agreement shall be for the initial period beginning October 1, 2024, and ending September 30, 2025, upon execution of hereof by all parties hereto, with the option to renew for one additional year. SECTION 7 . Any party hereto may terminate its participation in this Agreement without recourse or liability upon thirty (30) days written notice to the other parties . Should either of the other three partiesterminate their participation, North Richland Hills may terminate this agreement or renegotiate with the remaining party or parties . SECTION 8. This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 418, Texas Government Code. It is agreed that in the execution of this Agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions . 2 SIGNED AND EXECUTED this the day of A. D . , 2024, at Tarrant County, Texas . CITY OF NORTH RICHLAND HILLS BY: Paulette Hartman, City Manager Attest: Alicia Richardson, City Secretary/Chief Governance Officer (City Seal) Approved as to Form and Legality: Attorney from Toase Law Firm, City Attorney 3 SIGNED AND EXECUTED this the day of A. D . , 2024, at Tarrant County, Texas . CITY OF WATAUGA, TEXAS BY: Interim City Manager, Sandra Gibson ATTEST: City Secretary, Linda Proskey (City Seal) Approved as to Form and Legality: David Berman - City Attorney 4 SIGNED AND EXECUTED this the day of A. D . , 2024, at Tarrant County, Texas . CITY OF RICHLAND HILLS, TEXAS BY: Candice Edmondson, City Manager ATTEST: Lindsay Rawlinson, City Secretary (City Seal) Approved as to Form and Legality: Attorney from Toase Law Firm, City Attorney 5 r4R� NOKT"H KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2024 SUBJECT: Consider awarding RFP 24-010 and authorizing the city manager to execute an agreement with The Aquatic Council, LLC to provide certified pool inspector training and certification for $69,750 as part of the 2023 Pool Safely grant awarded to City of North Richland Hills PRESENTER: Meagan Merrill, Program Manager Neighborhood Services SUMMARY: The City of North Richland Hills was awarded a federal 2023 Pool Safely grant in September 2023. As part of this grant, the City plans to offer free Certified Pool Inspector training and certification to 200 code officials. Grant funds will fully finance this training; no cost match is required by the City of North Richland Hills. GENERAL DESCRIPTION: Drowning is one of the leading causes of death in our region, and the second leading cause of death in children under the age of 15. Texas regularly leads the nation in numbers of fatal child drownings, and Tarrant County regularly leads Texas. Sadly, North Richland Hills has not been exempted from these statistics. In 2012, an NRH teen named Connor Gage drowned in nearby Lake Possum Kingdom. In 2015, an NRH child named Paxton Wages drowned in his home swimming pool. Since 2020, two other NRH children that we know of have nonfatally drowned in our community—one fully recovered, and one suffers brain damage and lifelong disability from the event. In 2016, the City of North Richland Hills with the aid of community champions Vanessa and Robert Copeland started the NRH Water Safety 365 drowning prevention initiative to try and prevent drowning in our community. Since that time, NRH has received numerous awards for our efforts, but donations and funding are no longer incoming. The City of North Richland Hills was notified on September 13, 2023 that we were awarded $319,485.91 through a federal 2023 Pool Safely Grant. This grant will continue our efforts to prevent drowning in North Richland Hills and our region by providing over 800 free training classes and certifications to regulators and code officials who regulate swimming pools/spas, and will cover the cost of educational materials and outreach that will include all NRH child cares, all Birdville ISD elementary schools, all NRH public pool operators, many large NRH community events, and the regional drowning prevention coalition. No cost match is required from the City to implement this grant. MR D HILLS The Aquatic Council, LLC has been selected through the bid process (RFP-24-010) to provide Certified Pool Inspector training to 200 code officials under the 2023 Pool Safely grant. Grant funds will fully finance this training; no cost match is required by the City of North Richland Hills. RECOMMENDATION: Award RFP 24-010 and authorize the city manager to execute an agreement with The Aquatic Council, LLC to provide certified pool inspector training and certification in an amount not to exceed $69,750 as part of the 2023 Pool Safely grant awarded to City of North Richland Hills. AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT FOR PROFESSIONAL SERVICES ("Contract") is made by the CITY OF NORTH RICHLAND HILLS, a Texas municipal corporation, hereinafter called "City," and Aquatic Council LLC, hereafter called "Contractor." The parties are each individually referred to herein as a"party"and collectively as the "parties." 1. SCOPE OF SERVICES Contractor agrees to provide professional services for the purpose of PHTA Certified Pool Inspector Training and Certification described in Exhibit A. 2. COMPENSATION The compensation to be paid to Contractor for all services performed hereunder shall not exceed $69,750.00. Payment shall be made in equal installments of $17,437.50. If applicable, Contractor's expenses for supplies, travel and/or lodging, or other similar expenses, shall not exceed $1.00 annually. No expenses shall be paid under this Agreement in excess of such amount without the express written consent of the City. 3. TERM This Contract shall be effective upon August 22nd, 2024, and shall expire upon completion of all services contemplated herein,but not later than December 31st, 2025. 4. TERMINATION Either party may terminate this Contract at any time for cause or convenience by providing thirty (30) days' written notice to the other party. Upon the receipt of such notice, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. Contractor shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. 4.1 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. Professional Services Agreement(Minor Services Contract),Page I or 6 CA-CONTRACT NO.GEN0020_20201001 Initial Hcrc 5. INDEMNIFICATION; RELEASE OF LIABILITY CONTRACTOR SHALL RELEASE FROM LIABILITY, INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE LIABILITY OR EXPENSE FOR DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR OR OMISSION IN THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, OR ANY OF THEM, RESULTING FROM SUCH NEGLIGENT ACT, ERROR OR OMISSION; AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM SUCH NEGLIGENT, ERROR OR OMISSION. 6. INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Contractor shall have exclusive control of and the exclusive right to control, the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Contractor, its agents, employees and subcontractors; and the doctrine of respondent superior shall have no application as between the City and the Contractor. 7. QUALIFICATIONS Contractor shall meet the following qualifications to provide services under this Agreement: Contractor will maintain all licensure to perform this training and certification process through the Pool and Hot Tub Alliance (PHTA). 8. PROHIBITION OF ASSIGNMENT Neither party hereto shall assign, sublet or transfer their interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 9. CHOICE OF LAW; VENUE This Contract shall be construed in accordance with the laws of the State of Texas. Should any action, at law or in equity, arise out of the terms herein, exclusive venue for said action shall be in Tarrant County, Texas. Professional Services Agreement(Minor Services Contract),Page 2 of 6 CA-CONTRACT NO.GEN0020_20201001 Initial Hcrc 10. FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under this Contract if the performance is delayed, and shall have the right to terminate this Contract if a force majeure event continues for more than sixty (60) days, by reason of war; civil commotion; acts of God; inclement weather; epidemics; pandemics; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. 11. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with information that may be confidential by law, rule, statute, ordinance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential information for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of, any confidential information by Contractor is a material breach of this Agreement. If Contractor violates this provision, and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive relief in a court of competent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by law. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. 12. RIGHT TO AUDIT During the term of this Agreement, and at any time within three (3) years following the expiration of this Agreement, the City shall have the right of access to all information held in the possession of the Contractor related to services performed under this Agreement, for audit purposes or otherwise. Contractor agrees to provide access to such information unless expressly prohibited from doing so by court or other governmental order. Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contractor agrees that it will keep records relating to the services provided hereunder for as long as required by law. 13. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: If to City: If to Contractor: City of North Richland Hills Aquatic Council LLC Attn: Paulette Hartman, City Manager Attn: Tim Auerhahn 4301 City Point Drive PO Box 24242 North Richland Hills, Texas 76102 Rochester,NY 14624 Email: pahartman@nrhtx.com nrhtx.com tim@aquaticcouncil.com Phone: (817)427-6007 Phone: 585-415-6926 With copy to the City Attorney at the same address. Professional Minor Services Agreement,Page 5 of 6 CA-CONTRACT NO.GEN0020_20201001 Initial Hcrc 14. INSURANCE Contractor shall maintain the following Insurance coverage during the term of this Contract, or other coverage acceptable to the City: 14.1. Comprehensive general liability insurance policy in minimum amounts of $1,000,000 per occurrence and $2,000,000 general aggregate for damage and/or injury to persons or property. 14.2. Professional liability policy with limits of no less than$1,000,000 per claim or occurrence. 14.3. Worker's compensation insurance or its equivalent in the minimum statutory amount in the state where Contractor conducts its business. 14.4. Auto liability policy or its equivalent with a combined single limit of not less than $1,000,000 per accident. 15. DISPUTE RESOLUTION Except in the event of termination pursuant to Section 4.1, if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10)business days of receipt of the notice,both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a Professional Services Agreement(Minor Services Contract),Page 6 of 6 CA-CONTRACT NO.GEN0020_20201001 r Initial Here �— temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. EXECUTED on this, the 22nd day of August 12024 ACCEPTED AND AGREED: CONTRACTOR: CITY OF NORTH RICHLAND HILLS: By: � � By: Name: Robert Auerhahn Paulette Hartman Title: Business Manager, Aquatic Council LLC City Manager Date: August 22nd, 2024 Date: ATTEST: ' ATTEST: By: Q)OU� £ Q By: Name: Timothy Auerhahn Alicia Richardson Title: Owner,Aquatic Council LLC City Secretary/Chief Governance Officer APPROVED TO FORM AND LEGALITY: By: Bradley Anderle Interim City Attorney Professional Services Agreement(Minor Services Contract),Page 6 of 6 CA-CONTRACT NO.GEN0020_20201001 Initial Here/ �`= EXHIBIT A SCOPE OF SERVICES Certified Pool Inspector Training, Private Courses (4) Course Dates: To be determined and agreed upon by both parties within the schedule of the contract. Course Times: 9:00 AM— 5:00 PM, Each Day Participants: 50 Participants per course or 200 total maximum. Participants to be determined at a later date. All materials, textbooks and certification fees included. All travel expenses of instructor included. Hosted by North Richland Hills North Richland Hills to provide suitable classroom space and any additional amenities, including food and beverages, if preferred. Space must be available 2 hours before each classroom session for AV setup and preparation. Aquatic Council LLC to bill City of North Richland Hills for S 17,437.50 USD four(4) times, at the conclusion of each program date. Included: Books and coursework materials, mailing of materials, examination and certification fees, instructor fees and travel expenses. Professional Services Agreement(Minor Services Contract),Page 6 of 6 CA-CONTRACT NO.GEN0020_20201001 Initial HereCT'� Confidential/Proprietary— M! THE AQL)XF'1C COUNCIL, LLC www.AqLjaticCOLincil.com The Aquatic Council is a group of unbiased industry educators, committed to helping aquatic professionals work more efficiently, effectively, and safer through our comprhensive training programs. As instructors of the PHTA Certified Pool and Spa Operators (CPO) program, we have trained over 15,000 operators since 1986, more than any other provider historically, and year-to-date. The PHTA has recently shifted focus to training health professionals, inspectors and sanitarians through the Certified Pool Inspector (CPI) program. The CPI closely mirrors the curriculum of the CPO, but with a purposeful focus on assessment and review of facilities. This shift uniquely positions the Aquatic Council's top instructors and inspection consultants to offer the CPI to the North Richland Hills group. Not only are we the most awarded PHTA educators, we also conduct inspections of 30-50 commercial aquatic facilities every single year, establishing detailed reports on compliance with local codes,industry standards and national regulations. Like your future participants, our inspection experience includes some of the country's best swimming pools,working to raise the bar on national best practices, as well as facilities that need immediate intervention and remediation. Our inspections are often mandated by health departments, insurance providers and other regulatory officials. We have trained some of the country's top inspectors in private courses. Notable clients include all Chicagoland Health Departments (Cook, DuPage and Lake Counties), the entire inspector team for the Virginia Department of Health (Swim Safely Grant funded program), the Erie County Health Department in Sandusky, OH, and several consultants and inspectors for the Park District Risk Management Agency (PDRMA). Training your inspector teams with the Aquatic Council will be an invaluable municipal asset. We'd love to share our expertise with your community. Making Waves, edit. Tim Auerhahn, Chair Aquatic Council, LLC Confidential/Proprietary—Internal Use Only References for Similar Projects Virginia Department of Health - Pool Safely Grant Funded CPO Program As a recipient of a 2020 Pool Safely grant, the Virginia Department of Health arranged for eight Certified Pool and Spa Operator (CPO) trainings throughout the state to train nearly 200 of their health department officials,inspectors, and sanitarians. When COVID-19 shut down in-person CPO trainings, the Aquatic Council quickly arranged to run all programs online, successfully implementing all courses on schedule, on budget, and with a final participant pass rate of 100%. Project Contact: Brianna Bill, Environmental Health Coordinator Virginia Department of Health 804-584-6340 Cook County Health Department—Regular Program Participants, Public and Private In 2018 the three major health districts serving the Chicagoland area (Cook, DuPage and Lake Counties) united to run a three-day training program for their inspector teams. The first day was an exclusive engagement for inspectors,with a customized training and forum. Days two and three included community pool operators as they joined their inspectors at a Certified Pool and Spa Operator (CPO) training. This ongoing inspector/operator relationship continues to this day. Program Participant: Gina Noble, Program Manager- Swimming Facilities Cook County Health Department, Chicago, IL 847-818-2840 Park District Risk Management Agency— Regular Program Participants, Public and Private Since the early 2000's, the Park District Risk Management Agency (PDRMA) has been working closely with the Aquatic Council to train their consultants and inspectors. Our shared goal is to best serve thousands of park district employees throughout the Midwest and elevating best practices implementing risk reduction strategies at hundreds of municipal swimming pools. PDRMA consultants frequent Aquatic Council public training programs and have benefitted from customized private trainings. Notably,in 2021, Tim Auerhahn of the Aquatic Council lead a commissioned training for PDRMA consultants and their members on reopening their commercial aquatic facilities after the COVID-19 pandemic. This program was both highly attended and reviewed. Program Participant: Bill Hooker,Training Program Supervisor Park District Risk Management Agency 630-769-0332 Goldfish Swim School Franchising—Facility Inspection and Consulting With over 160 locations in the United States and Canada, Goldfish Swim School is one of the most recognizable brands in the learn-to-swim community. GSS has partnered with the Aquatic Council since 2015 to support their aggressive growth strategy. The Aquatic Council has provided on-site inspection and consulting services for schools throughout North America. The partnership is so valuable to Goldfish that the franchise office keeps the Aquatic Council on permanent retainer for immediate operational support at each of their sites. Project Contact: Tom Bohland, National Construction Director Goldfish Swim School Franchising, LLC 248-277-5829 1/QN�i„ i Nor `�%9i�r ritl � n"' � '� ✓`� � v i. a pyU4 nr(�✓i'�.Yi� Confidential/Proprietary—Internal Use Only Notable Facility Inspections 2020-Present ,, Rochester City School District (10 Sites),Rochester,NY Milwaukee Bucks Facility(NBA),Milwaukee,WI Northwestern Medicine,DeKalb,IL West Virginia University,Morgantown,-III Denison University, Granville, OH _ h The Lake Club Youngstown, OH f % ' Anticoch Aquatic Center,Antioch,IL Goldfish Swim School-Ahwatukee,Phoenix,AZ 1V - Goldfish Swim Community_ Charlevoix,Houston,TX Charlevoix Pol, I IJII� _ 11 2700 North Camden Court CA, Chicago,IL Harbor Springs High School,Harbor Springs,MI Riverside Golf Club, Chicago,IL City of Gallipolis, Gallipolis, OH . Knollwood House,Rochester,NY V River Valley Club, Lebanon,NH } The Palmer House Hotel, Chicago, IL Lakewood Parkhomes,Novi,MI ' � - Fen-,Arick High School, Chicago,IL Sunrise Hospitality Fremont, OH1� �� S\X"BR Architecture,Rochester,NY Midtown Athletic Clubs, Chicago,IL Copper Buildings,New York,NY r ^ ' Notable Inspector Training s 2020-Present Virginia Department of Health,Richmond,VA � 0 DuPage County Health Department—Chicago,IL ��/ Erie County Health Department—Sandusky, OH Andrew Insurance Associates,Powell, OH World Aquatic Health Conference, Charleston, SC World Aquatic Health Conference,Williamsburg,VA Park District Risk Management Agency, Lisle,IL �1 v 0 Confidential/Proprietary—Internal Use Only Our Courses - Overview Simply put, PHTA trainmigs with the Aquatic Council stand out. We're regularly recognized as the top provider of the programs by the PHTA, not only with volume of classes and participants, but with the quality of our program and high percentage of successful testers. Here's what makes I �� our programs different, from start to finish. ......w w. Registration and Enrollment—Processing the enrollment of 200 participants is no small task, let us handle the work. Simply provide us with basic student information, mailing information, email address and daytime phone numbers. Our admin team will enter all required information into the PHTA Portal and your students will be on the path to CPI success. Shipping of Materials —Textbooks and mailing supplies for a group this size requires tens of thousands of dollars in upfront costs. It's best to deal with a large, experienced provider of the program who can facilitate the distribution of required materials with no additional work, or upfront fees on your end. Once we have student information, your textbooks ship within 24 hours and travel directly to participants in tracked, USPS Priority envelopes, arriving within 4 days of enrollment. Course Information—We're pros at preparing students for success. Part of that process includes detailed welcome information that ships to our students with their textbooks and arrives alternatively via automated email communications. As their class draws near, students will have clear course instructions and class details, eliminating questions on your end. Communication with our Host—In an effort to facilitate a seamless classroom experience,we'll be in close communication with your chosen host-representative. We'll discuss classroom setups, required equipment, food and beverage options and more. All advanced work will lead to a smooth classroom operation for our students, as well as our hosts. Implementation of our Programs —Take a moment to Google "Aquatic Council"—you'll see nearly 200 five-star reviews for our programs, all directly from the students who have participated in our classes. They use words like "fun", "informative", "useful" and "easy", among others. Our classes are the highest rated in the industry because we focus on andragogy—the study of how adults learn.We create a comfortable learner-centric environment that is structured around student comfort,processing of material, and success on the exam. Dual Instructors—We anticipate a lively, active class,with continuous engagement between individual participants and with their instructors. Our team has decided that this program would be best facilitated by two instructors at each course to expedite the greatest learning outcomes possible. Confidential/Proprietary—Internal Use Only Our Courses — Your Instructors Your Instructors -Tim Auerhahn is a five-time recipient of the Distinguished Instructor Award issued by the PHTA. Since 2015 he has certified more operators worldwide than any other instructor. As an alumnus of The Ohio State University (B.S. Sports Management, M.S. Strategic Leadership),Tim has served in various operations, education, risk-management and leadership capacities with nationally recognized brands, athletic facilities, and universities. Combining real world experiences and a fast-paced, exciting curriculum, Tim's seminars are among the highest reviewed in the industry. Joining Tim will be CPI Instructor Jeremy Mortorff.Jeremy has over twelve years of aquatic facility management experience and is a Certified Park and Recreation Professional, Lifeguard Instructor and is heavily s involved in the Pennsylvania Recreation and Parks Society (PRPS). s Jeremy regularly facilitates courses for the Pennsylvania Department of Agriculture—one of two regulatory bodies overseeing swimming pool inspection and licensure in the state of Pennsylvania. Aquatic Council/Tim Auerhahn PHTA/NSPF CPO Instructor Awards 2022—PHTA Instructor Awards: o Most Certified Individuals o Most Certified Individuals Online o Most Certified Individuals by a Company 2021 - PHTA Instructor Awards: o Most Certified Individuals o Most Certified Individuals Online o Most Certified Individuals by a Company o Top 3 Highest Student Overall Pass Rate 2020—PHTA Instructor Awards o Most Certified Individuals o Most Certified Individuals Online o Most Certified Individuals by a Company 2019 —NSPF Instructor Award, Milestone Award 2018 —NSPF Instructor Award, Milestone Award 2017 —NSPF Instructor Award, Most Certified Individuals 2016 —NPSF Instructor Award, Most Certified Individuals 2015 —NSPF Instructor Award, Most Impressive Increase in Certifications *Note: Quantitative Instructor awards have not yet been issued for 2023. � Dig//c,% "c rrrr , iii�ioiiigi/%,rr/9 ..//�///lf�//%���/�//% r/�%�r�r�frTfrr��i�i/fif//%��/�/ %;,i%i;,//,✓���i��l�f9���i�1�J/f4f4�aft ml4iliiN/��i,w/l�c/N�UU%lrf�rfm//or���/ f/ 7%/// // ri i%%U/�6�9r Wr;r1/ARi1fiD 1i1 r lo.�rr�m iirroiUr✓arrv��j7�wi�dw»�Ni6,rxYroN�ii�6ir�rdla4LtikrrV�fi?lt�r�rc�✓Jn r��,r�,o 'JI' i, A �i u r a,„ wr�ri ww m nip, Confidential/Proprietary—Internal Use Only Our Courses — Implementing the Class Facilitation of the Exam—We'll create a calm, quiet testing environment,with our instructor continuously available for help. , The entire exam is open-book and open-note, to help students utilize their course materials the same way they do in real life. Accommodations for students who have special learning requests , will be approved by the PHTA. m Passing Rate—The Aquatic Council consistently maintains one of the highest passing rates of all major PHTA providers. The Aquatic Council has a current pass rate of 92% in our last 190 classes, testing exactly 6,629 students in this sample set. This has been statistically validated by the PHTA. Certification Process —PHTA certifications often take 4-6 weeks to deliver during the busiest stretches of the pool season. Good news - our internal team at the Aquatic Council has access to the PHTA Portal allowing us to fast-track certifications, delivering them digitally via email,generally within a single week. Student Tracking—We'll rapidly load test data and certifications into our internal system, sharing documents with students immediately. We can also share this information with our hosts. In the future, misplaced records and certifications can be quickly accessed either through the PHTA, or our Aquatic Council office (which is generally much quicker). Follow Up Communication— Students exit the program as a part of our professional network. They'll retain the contact information of their instructor for ongoing support. We build this relationship with every participant as we hope to see them again for recertification in three years. 1 Confidential/Proprietary—Internal Use Only Program Pricing Four (4), 1-Day,In-Person Certified Pool Inspector Trainings Maximum 50 Participants Per Class, 200 Students Total Hosted by the City of North Richland Hills,TX $69,750.00 USD —Inclusive Included: Books and Coursework Materials Mailing of Materials Examination and 3-Year Certification for Successful Students Instructor Fees and Travel Expenses Notes: Due to the short schedule timeline of this program, all dates must be confirmed with the Aquatic Council 30 days in advance of scheduling. City of North Richland Hills to provide a suitable classroom space and any additional student amenities including food and beverages,if preferred. Space must be available 2 hours before each classroom session for AV setup and preparation. Aquatic Council LLC to bill City of North Richland Hills for $17,437.50 four (4) times, at the conclusion of each program unless otherwise requested. For more information, please contact: Tim Auerhahn, Chair Aquatic Council, LLC 1-844-482-1777 tim@aquaticcouncil.com ��Illlll�llllu �� uiuu� vum� A9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1210589 Aquatic Council LLC Rochester, NY United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/05/2024 being filed. City of North Richland Hills Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 24-010 2023 POOL SAFELY GRANT CERTIFIED POOL&SPA INSPECTOR CLASSES Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Aquatic Council LLC Rochester, NY United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is 1 , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.48da51f7 r4R� NOKT"H KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2024 SUBJECT: Consider awarding RFP 24-014 and authorizing the city manager to execute an agreement with Turnage and Associates, LLC to provide certified pool operator training and certification in an amount not to exceed $55,000 as part of the 2023 Pool Safely grant awarded to City of North Richland Hills PRESENTER: Meagan Merrill, Program Manager Neighborhood Services SUMMARY: The City of North Richland Hills was awarded a federal 2023 Pool Safely grant in September 2023. As part of this grant, the City plans to offer free Certified Pool Operator training and certification to 200 code officials. Grant funds will fully finance this training; no cost match is required by the City of North Richland Hills. GENERAL DESCRIPTION: Drowning is one of the leading causes of death in our region, and the second leading cause of death in children under the age of 15. Texas regularly leads the nation in numbers of fatal child drownings, and Tarrant County regularly leads Texas. Sadly, North Richland Hills has not been exempted from these statistics. In 2012, an NRH teen named Connor Gage drowned in nearby Lake Possum Kingdom. In 2015, an NRH child named Paxton Wages drowned in his home swimming pool. Since 2020, two other NRH children that we know of have nonfatally drowned in our community—one fully recovered, and one suffers brain damage and lifelong disability from the event. In 2016, the City of North Richland Hills with the aid of community champions Vanessa and Robert Copeland started the NRH Water Safety 365 drowning prevention initiative to try and prevent drowning in our community. Since that time, NRH has received numerous awards for our efforts, but donations and funding are no longer incoming. The City of North Richland Hills was notified on September 13, 2023 that we were awarded $319,485.91 through a federal 2023 Pool Safely Grant. This grant will continue our efforts to prevent drowning in North Richland Hills and our region by providing over 800 free training classes and certifications to regulators and code officials who regulate swimming pools/spas, and will cover the cost of educational materials and outreach that will include all NRH child care providers, all Birdville ISD elementary schools, all NRH public pool operators, many large NRH community events, and the regional drowning prevention coalition. No cost match is required from the City to implement this grant. MR D HILLS Turnage and Associates has been selected through the bid process (RFP 24-014) to provide Certified Pool Operator training to 200 code officials under the 2023 Pool Safely grant. Grant funds will fully finance this training; no cost match is required by the City of North Richland Hills. RECOMMENDATION: Award RFP 24-014 and authorize the city manager to execute a contract with Turnage and Associates, LLC to provide certified pool operator training and certification in an amount not to exceed $55,000 as part of the 2023 Pool Safely grant awarded to City of North Richland Hills. r4t44RH NORTH RICHLAND HILLS GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY OF NORTH RICHLAND HILLS,TEXAS By submitting a response to a solicitation or bid, or by entering into a contract for goods or services and/or by accepting a purchase order, the Contractor, Consultant, Vendor, or other party identified below (collectively "Contractor"), agrees that the terms and conditions herein shall govern all agreements with the City unless otherwise agreed to by a specifically executed provision within the contract or purchase order, provided same is permissible by law. The terms are conditions herein are BINDING and SUPERSEDE any and all other terms and conditions whether oral or written in any separate agreement or found on Contractor's website or other electronic platform. APPLICATION. This GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY OF NORTH RICHLAND HILLS, TEXAS("Government Rider')applies to,is considered a part of,is incorporated into,and takes precedence over any conflicting provision in,or attached to,the Response to Solicitation or Bid,Contract or Purchase Order,Agreement for Purchase or Sale,Standard Terms and Conditions,Quote,Invoice,or other applicable agreement of the Contractor(collectively the'Agreement"),to which this Government Rider is attached and described as follows: Title of Agreement with Additional Terms: RFP 24-014 2023 Pool Safely Grant Certified Pool Operator Classes Legal Name of Cooperative Contractor:Turnage&Associates,LLC Legal Name of Third-Party Contractor(if applicable)(if not applicable enter N/A): Turnage&Associates,LLC Description of Goods or Services("Goods or Services"):Provide CPO training/certification to 200 code officials Cooperative Agreement: Total Contract Price:$ 55,000 Notwithstanding any language to the contrary in the attached Agreement between Contractor and the City of North Richland Hills("City"), individually referred to as a"party"and collectively referred to as the"parties,"the parties stipulate by evidence of execution of this Government Rider below by a representative of each party duly authorized to bind the parties hereto,that the parties hereby agree that the provisions in this Government Rider below shall be applicable to and shall modify and supersede the Agreement as set forth below: SECTION 1. TIME FOR PAYMENT AND INTEREST. The City's payments under the Agreement, including the time of payment and the payment of interest on overdue amounts,are subject to Chapter 2251 of the Texas Government Code. Payment shall be due within thirty(30)days of(i)the date of the City's receipt of the goods under the Agreement; (ii)the date the performance of the services under the Agreement are completed; or (iii)the date the City receives an invoice for the goods or services, whichever is later. Interest on any overdue payment shall not exceed 1%plus the prime rate as published by the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday.The City reserves the right to modify any amount due to the Contractor presented by invoice to the City if necessary to conform the amount to the terms of the Contract,the Texas Government Code or this Government Rider. To the extent the Agreement requires the City to agree to a higher rate of interest than allowed by law, or to incur penalties or late fees prior to 30 days before receipt of invoice or services, any such requirements shall be null and void, are hereby deleted from the Agreement and shall have no force or effect. SECTION 2.INDEMNIFICATION;LIABILITY; NO FUTURE DEBT. 2.1 Multiyear Contracts. If the NRH City Council does not appropriate funds sufficient to make any payment for a fiscal year after the City's fiscal year in which the Agreement becomes effective,and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Agreement shall automatically terminate at the end of the fiscal year for which funds were appropriated, in accordance with Section 5,Article XI of the Texas Constitution.The City shall have the right to terminate the Agreement at the end of any City fiscal year,without any penalty to the City,if the City Council does not appropriate sufficient funds to continue the Agreement to the next fiscal year.The City shall provide Contractor with as much advance written notice of such termination as is reasonably possible,but not less than thirty(30)days. 2.2 No Future Debt. In compliance with Section 5,Article XI of the Texas Constitution,all payment obligations of the City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable during the Term of the Agreement, or in any renewal year of the Agreement, the City shall have the right to terminate the Agreement, except for those portions of funds which have been appropriated prior to termination. To the extent the Agreement requires the City to agree to the creation of future debt for which funds are not appropriated, any such requirement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. 2.3 INDEMNIFICATION AND LIABILITY.CONTRACTOR SHALL BE LIABLE FOR,AND SHALL INDEMNIFY AND HOLD THE CITY ITS OFFICERS, AGENTS, EMPLOYEES,VOLUNTEERS,AND REPRESENTATIVES(collectively"CITY INDEMNITEES")HARMLESS FROM ANY INJURY, LOSS OR DAMAGE DUE TO,OR ARISING OUT OF,THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF CONTRACTOR.TO THE EXTENT THE AGREEMENT REQUIRES THE CITY TO INDEMNIFY, DEFEND AND/OR HOLD CONTRACTOR OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, VOLUNTEERS, OR REPRESENTATIVES (collectively the "CONTRACTOR INDEMNITEES") HARMLESS,THE CITY SHALL NOT BE REQUIRED TO DEFEND ANY CONTRACTOR INDEMNITEE UNDER THE AGREEMENT AND THE CITY Government Contract and Purchasing Rider For Contracts with the City of North Richland Hills,TX Vendor Name:'Turnage and Associates,LLC Page 1 of 3 CONTRACT NO SHALL ONLY INDEMNIFY OR HOLD ANY INDEMNITEE HARMLESS TO THE EXTENT PERMITTED BY APPLICABLE LAW,AND ONLY TO THE EXTENT SUCH INJURY, LOSS, OR DAMAGE IS DUE TO THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF THE CITY.THE CITY SHALL NOT BE UNDER ANY OBLIGATION TO CREATE ANY SINKING FUND TO SATISFY ANY OBLIGATION TO INDEMNIFY UNDER THE AGREEMENT.NOTWITHSTANDING ANY OF THE FOREGOING,IN NO EVENT SHALL THE CITY'S LIABILITY EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CITY UNDER THE AGREEMENT FOR THE PREVIOUS TWELVE MONTH PERIOD. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES UNDER THE AGREEMENT. THIS PROVISION SHALL SUPERSEDE ANY OTHER PROVISION OF CONTRACTOR IN ANY SEPARATE AGREEMENT,TERMS AND CONDITIONS,QUOTE OR INVOICE. SECTION 3.TERMINATION. Notwithstanding Section 2 above, and unless otherwise specifically agreed to by the parties, either party may terminate this Agreement by providing thirty (30) days prior written notice of such termination to the other party. Termination pursuant to this Section shall not relieve the Contractor of any obligation or liability that has accrued prior to cancellation. City shall pay Contractor for any services performed up to the effective date of such termination. This Agreement is subject to termination,without penalty, at any time the City deems the Contractor to be non-compliant with contractual obligations.Unless otherwise specifically agreed to by the parties in writing,to the extent the Agreement requires the City to (i) agree to a shorter termination period than thirty (30) days; (ii) agree to automatic renewals not included as a part of the "Term of the Agreement"listed above in this Government Rider;or(iii)incur a termination penalty,any such requirement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 4. INSURANCE. The City is a Government entity under the laws of the state of Texas, and pursuant to Chapter 2259 of the Texas Government Code,"Self-Insurance by Government Units,"the City is self-insured and therefore is not required to purchase insurance.The City shall not be required to purchase an insurance policy under this Agreement.Any such requirement in the Agreement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. The City will provide a letter of self-insured status as requested by Contractor. SECTION 5. CONFIDENTIALITY. The City is a Government entity under the laws of the State of Texas and all documents or information held or maintained by the City are subject to disclosure under the Texas Public Information Act,Chapter 552 of the Texas Government Code(the"Act").To the extent any provision in the Agreement attempts to prevent the disclosure of information that is subject to public disclosure under federal or Texas law, including any provision that prohibits disclosure of the terms and conditions of the Agreement, such provision is invalid.Any such requirement in the Agreement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 6. TAX EXEMPTION. The City shall not be liable to Contractor for any federal, state or local taxes for which the City is not liable by law, including state and local sales and use taxes, pursuant to Section 151.309 of Title 3,Texas Tax Code, and federal excise tax,pursuant to Subtitle D of the Internal Revenue Code.Accordingly,those taxes shall not be added to any goods or services under the Agreement.The City shall furnish a copy of the applicable tax exemption certificate upon request from Contractor. If the City is billed for any taxes not in compliance with this Section 6, the City shall be authorized to remit payment less the taxes imposed. SECTION 7.GOVERNING LAW AND VENUE.This Agreement and the rights and obligations of the parties hereto shall be governed by,and construed in accordance with the laws of the United States and the state of Texas,exclusive of conflicts of laws provisions.Venue for any suit brought under this Agreement shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent this Agreement is required to be governed by any state law other than Texas or venue in any jurisdiction other than Tarrant County, any such requirement in the Agreement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 8.ATTORNEYS'FEES; PENALTIES; LIQUIDATED DAMAGES:The City shall only be liable for attorneys'fees for breach of this Agreement to the extent such attorneys' fees are reasonable and necessary and equitable and just as authorized by Section 271.153 of the Texas Local Government Code. To the extent the attached Agreement requires the City to pay attorneys' fees for any action contemplated or taken, or to incur penalties or liquidated damages in any amount not authorized by Section 271.153, any such requirement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 9. SOVEREIGN IMMUNITY. Nothing in the Agreement, or herein in this Government Rider, constitutes a waiver of the City's sovereign immunity.To the extent the Agreement requires the City to waive its rights or immunities as a government entity,any such requirement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 10.ASSIGNMENT.To the extent the Agreement addresses the right to assign any rights or interest in the Agreement to another party, such right of assignment shall be reciprocal, and neither party shall have the right to assign or transfer any of its rights or interests in the Agreement without the express prior written consent of the other party.Notwithstanding,the Contractor shall have the right to assign the Agreement to any entity in which it is a recognized legal affiliate or subsidiary or which such entity obtains a majority interest without the consent of the City;however,Contractor shall give the City at least thirty(30)days'written notice of any such assignment or transfer of interest. SECTION 11. RIGHT TO TRIAL BY JURY. The City reserves its right to settle disputes by trial by jury. Any such provision in the Agreement that requires the City to waive its right to a trial by jury shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 12.ALTERNATIVE DISPUTE RESOLUTION.To the extent the Agreement requires all disputes to be resolved by binding arbitration, any such provision shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. Prior to instituting litigation under the Agreement, the parties may agree to mediation upon written mutual consent. Any such mediation shall be governed by the applicable rules of the Government Contract and Purchasing Rider For Contracts with the City of North Richland Hills,TX Vendor Name:Turnage and Associates,LLC Page 2 of 3 CONTRACT NO. SECTION 13.LIMITATION ON CLAIMS.Any claim for breach of this Agreement shall be brought within four(4)years in accordance with Texas Civil Practices and Remedies Code Sec.16.004and Texas Bus iness and Commerce Code Sec.2.725.To the extent the Agreement requires a shorter period for limitation on claims,any such requirement shall ben ul Ian d void,is hereby deleted from the Agreement and shal I have no force or effect. SECTION 14.FORCE MAJEURE.Eith erp arty may terminate th is Ag reementand shall not be I iable fo ran y al leged d amag es o r loss d ueto failure to perform its obligations under this Agreement if the performance is delayed or canceled by reason ofa Force Majeure event,including but not limited to,war;civil commotion;acts of God;in clerrentweather,Government restrictions,regulations,or interferences;fires; labor strikes; material shortages; lockouts, national disasters;epidemics;pandemics;riots;transportation restrictions;or anyothercircumstanceswhich are reasonably beyond the control ofthe party. SECTION 16.RIGHT TO AUDIT.The City shall,until the expiration of th ree(3)years after fin al payment underth a Agreement,have the rig htto access and the rightto examineand photocopy any transactional records between the City and Contractor involving transactions underth isAgreement that are not specificallytransactional between the Pooland HotTub Association andContractorto ensure compliance herewith.The Cityshall have the right to access Contractor's Recordscluring normal working hours and shall provide Contractorwith reasonable advance notice of intended audits, but notless than ten (10)business days. SECTION 16.SUCCESSORS AND ASSIGNS.The partieseach bind themselves and their successors,executors,administrators and assigns to this Agreement and to all covenants of th isAgreement hereafter. SECTION17. CITY'S LOGO OR MARKS.The City's logo is protected by applicable federal and state copyright and trademark laws.Co ntracto r may not use the City's name in a demeaning,obscene ordetrimental man neras determined by the City in its soled iscretion,and Contractor shall not use the City's logo in any manner,except as specifically approved by the City in writing. SECTION 18.RIDER CONTROLLING: If any provisions of the attached Agreement,conflict with the terms herein of this Government Rider,are prohibited by applicable law,conflict with any applicable rule,regulation orordinance of the City,the terms in this Government Rider shall control. By signature below of an authorized representative,th e p arti es h ereby accept an d agree to the terms an d conditions set fo rth i n th is Government Rider. CITY OF NORTH RICHLAND HILLS: TURNAGE&ASSOCIATES,,�LLC By. Paulette A.Hartman Title: :C t y Piz rw k,-rX Date: Date:.A(/C!/S X 2, a Ll ATTEST: By: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: By: Cara Leahy White Interim City Attorney Govern men t Contract and Purchasing Rider For Contracts with the City of North Richland Hills,TX Vendor Name:Turnage and Associates,LLC Page 3 of 3 CONTRACT NO IMMM ��'"t�ch�"rs il�q CITY OF NORTH ICI LAN 1:..111.a1 February 28,2024 RFP 24-014 2023 POOL SAFELY GRANT CERTIFIED POOL OPERATOR CLASSES-GRANT FUNDED ADDENDUM NO. 1 1) This Bid has been extended until 2:00 P.M.(CST)Tuesday,March 12,2024. 2) Deadline for Questions date has been extended until 12:00 P.M.Wednesday,March 6,2024 THIS ADDENDUM MUST BE SIGNED AND RETURNED WITH YOUR BID., Acknowledge receipt of this addendum by inserting these pages with your bid. This addendum form is a part of the contract documents,and it so modifies,amends,deletes and/or adds to the original bid document. Name and Address of Company: Authorized Representative: A a�C/— ..: Si nature: ` _PIP Name: �_ —?--nfy Title; Phone: - < FAX: R9 t_ - i l:l I/ �61�� 5 ' iA fro% l G P.D. Box 820609 * North Richland hills,Texas 76182-0609 4301 City Point Drive * (817)427-6150 * Fax(817)427-6165 TURNAGE & ASSOCIATES 23080 Flukinger Rd.,Waller,Texas 77484 Ph: 936-419-6707/Email:turnageassociates@hotmail.com/fax:888-316-5865 MARCH ST", 2024 REF: RFP 24-014-2023 POOL SAFELY GRANT CERTIFIED POOL OPERATOR CLASSES —GRANTFUNDED BID EVALUATION CRITERIA: CPO fee pricing per student $275.00 Per the State of Texas, sales tax is not applicable due to the classification of this business This vendor's pricing includes: Providing own travel and hotel accommodations. Providing a CPO textbook and special classroom materials for every student. The pricing includes the CPO exam & the CPO certification certificate to all students that pass with a score of 37 questions correct out of 50 i.e. a 74%. If a student is attending the class via a virtual classroom, then the student is responsible for their own "school supplies" If the student is attending via an actual in-person classroom, then the instructor will provide a pen, highlighter, hand-held calculator and pencil for use during the class. Sincerely; David L Turnage, Owner/President Turnage & Associates, LLC CPO INSTRUCTOR SPECILIZED TRAINING CONSULTANT EXPERT WITNESS w C3 L r caUQ 0 = O O ca _ Q a) a - 0 S O � Q �Im e LU N ci IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uuuu �IIIIIIIIIIIIIIIIIII�V 01 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2 �IIII IIIIIIIIIIIIIIIIIIIIIIIII 00 0 ,_u 2 u IIIIIIIIIIIIIIIIIIIIIIIII IIIIIII � co CLX < L- CL mouui cr IIIIIIIIIIIIIIIIIIIIIIIII CU Lo IIIIII 2 � CL II � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,a�f c ® 4x " w o C M O ca •_ N '— IN S O 4-d C C +-1 Q C Q TURNAGE &. ASSOCIATES 23080 Flukinger Rd.,Waller,Texas 77484 Ph:936-419-6707/Email:turnageassociates@hotmail.com/fax:888-316-5865 MARCH 8T", 2024 REF: RFP 24-014-2023 POOL SAFELY GRANT CERTIFIED POOL OPERATOR CLASSES —GRANT FUNDED Education 1974— 1978 University of Houston, Houston, Texas General curriculum towards bachelor's degree in Business 2004—2006 Kennedy-Western University, Cheyenne, Wyoming Bachelor of Science Degree— Business Administration 2003 Qualified to become a Certified Pool Operator instructor from the NSPF (National Swimming Pool Foundation) that later became the Pool & Hot Tub Alliance (PHTA) in 2019 2015 Became a Certified Speaker through the John C Maxwell Leadership Speaker program Evidence of teaching experience: David Turnage began teaching 10 to 15 CPO classes per year on a part-time basis from 2003 until 2013. In 2013, it was decided to take the business to full-time status and from that point to present, David has been teaching an average of 35 to 40 classes per year averaging 600 students per year. In addition to the CPO classes, David has participated in the Southwest Pool & Spa Show since 2019 and regularly teaches the CPO course and facilitates speaking on a variety of Aquatic topics at the trade show which include, Sneaky & Destructive Water Chemistry, & D.O.T. requirements & Pool Trucks. David also speaks at various Apartment Association functions and has been involved with seasonal training education with the City of Houston and San Antonio Aquatics departments. David's teaching style inspires people to learn and he has been very successful in instilling confidence in people who originally feel intimidated coming into the CPO class. With Lowes Pro being the main client in 2021 & 2022, David was instrumental in setting the standards for how the Live Webinar classes should be conducted. He was one of the few instructors at that time that were 100% ready to and able to conduct the CPO class by live webinar without compromising the quality standards the PHTA demanded for the normal in- person classes. CPO INSTRUCTOR SPECILIZED TRAINING CONSULTANT EXPERT WITNESS TURNAGE & ASSOCIATES 23080 Flukinger Rd.,Waller,Texas 77484 Ph:936-419-6707/Email:turnageassociates@hotmaii.com/fax:888-316-5865 David was voted "Vendor of the Year" for 2022 by the Corpus Christi apartment association. David has won awards from the PHTA for the past 5 years for reaching certain plateaus of certifications. He has been awarded 3 times for certifying over 500 students, once for 708 and once for 852 students certified in one year. Based on votes by his peers and by student evaluations, David was awarded the INSTRUCTOR OF THE YEAR as of November 2023. David has consistently been in the top 5 of all instructors for the student pass to fail ratio of 96%for in-person classes and 94%for live webinar classes. David Turnage thanks you for the opportunity to be of service to The City of N. Richland Hills Sincerely; David L Turnage, Owner/President Turnage & Associates, LLC CPO INSTRUCTOR SPECILIZED TRAINING CONSULTANT EXPERT WITNESS REFERENCES FOR DAVID LTURNAGE OFTURNAGE &ASSOCIATES, LLC TOM VYLES ENVIRONMENTAL MANAGER TOWN OF FLOWER—MOUND, TEXAS OFFICE: 972-874-6340 EMAIL: 'T'C°°,)JVl, J._E (s,)f::l,.,OVVIEF� MOUND.COM NICHOLE CURL DIRECTOR OF EDUCATION LOWE'S PRO SUPPLY DIRECT: 281-935-4419 EMAIL: J IC IV... C: J_IJJ.C».C"C JCI�_» LQWES.QQM JENNIFER LEE BUSINESS MANAGER TEXAS ENVIRONMENTAL HEALTH ASSOCIATION (TEHA) DIRECT:430-755-3133 EMAIL:TE: -I IE:?»L,wPS�lI qE SJ ANACZER « QM&L.Q('_')M CHRIS REYNA MAINTENANCE DIRECTOR GREYSTAR MANAGEMENT COMPANY—TEXAS CELL: 512-520-6181 EMAIL: C''�.�ImCIV .�.C:"�I`��.���m::Jm WJm �:mm 'I �;�� REYl3T'/ IJ.-1.C' C. M NATALIE HOOD DIRECTOR OF EDUCATION POOL&HOT TUB ALLIANCE (PHTA) OFFICE: 719-540-9119 EMAIL: A' ..N':1. .d .d �:I..1 .TA..O. .R. BEN STOBNICKI TEXAS DEPT OF HEALTH, FORMALLY AT THE CITY OF LONGVIEW CELL: 903-285-3440 Response Details Report Bid RFP #24-014 - 2023 POOL SAFELY GRANT CERTIFIED POOL OPERATOR CLASSES- GRANT FUNDED Report Generated on : Mar 7, 2024 10:49:28 PM CST Bid: RFP #24-014- 2023 POOL SAFELY Start Date Feb 9, 2024 3:42:51 PM CST GRANT CERTIFIED POOL OPERATOR CLASSES-GRANT FUNDED End Date Mar 12, 2024 3:00:00 PM CDT Turnage& Associates LLC Terms and Conditions 24 014 2023 POOL SAFELY GRANT CERTIFIED POOL OPERATOR CLASSES- GRANT FUNDED.pdf Exception: Auto Ins: No company vehicles - only personal with 500,000 limit not 1,000,000 Not in agreement of putting City employees onto my vehicle insurance policy. Turnage &Associates is a two person LLC with no employees thus Workers Comp does not apply Training dates of April 1-2 & May 6-7 will need to be discussed for change. In Scope of Work: "continuing education credit verfication" has to come from the PHTA and not the Instructor. 4 ' ADDENDUM 1 24-014 2023 POOL SAFELY GRANT CERTIFIED POOL OPERATOR CLASSES- GRANT FUNDED .pdf 5 C"ONT14ACTCHANGES 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 ZjAg&J c,:C cO JLLI C1 ("Contractor" or "Bidder"), submits the following modifications to the City's Standard /�/=P z t�-DI -,�o), ("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,subjectto legal requirements, City policies and advice ofthe City Attorney. Section /Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use Only) 40-0 M 411-6 A-I- I-1 ,4 C"Il cl4-t City Response: 47-f 1�POOCOV VeWc it Ae®/srce —� Accepted _Not Accepted r Modified 29 CONTRACIFULANCIFS 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 Proposed Contractor/Bidder IL)t�,11t4&C P �SSrl�i r}h j ("Contractor" or "Bidder"), submits the following modifications to the City's Standard -&4 ("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 (For Specification Modification City of NRH Use Only 1 J t-+R1 0146. VVO�J, f llvp City Response: pvpa14t 5, (Aqj "'I 'Alf, , y.df 6,-- —_Accepted , ,al j ,.I-',AtI_rVCW Not Accepted i Modified 01fAll /" IVO M :A 29 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 Proposed ContractorBidder77,,R/y,16 R,4XS ri47-eS- ("Contractor" or "Bidder"), submits the following modifications to the City's Standard Af2 I L/-67/9- ("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 (For Specification Modification City of NRH Use Only) E-Xlf r� w-pO,jl-z 1 p4va I 0 City Response: All Pt it,° �`� . �a�pa����� � � _Accepted �mmr��d c9 ozi --Not Accepted 1 ry grl'n -'' , Modified 0' ) r � t roc: 1A14 ?hV e-' 29 CONTRACT CEL!APiGES 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 'Tt/Rj\✓)et �A Sf VQ TCS, ("Contractor" or "Bidder"), submits the following modifications to the City's Standard ,OFF )-9-01 q- .142.3 ("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 (For Specification Modification City of NRII Use Only 36 0 e-r- OF 114AN �M--??-�'�v9 T W�W.. ..� ® jz of y City Response: 3 1F 7YV 1 All 04(-,P? a Va 1�L Iez 7 �� �.. Accepted /,�V 171 Not Accepted �1- dap F yr rl Modified 29 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 ContractorBidder '1j,0Qjy 3 Gr &,4 SdC1.4 rs ("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,subj ect to legal requirements,City policies and advice of the City Attorney. Section /Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use Only PC ® �! `6,,,C 01V 7 11V 4/dAIC- Vva/Caen PI ScOAF City Response: �Z6WOM MYi.r*-of PIr Accepted `�� p�`�ors c�2t�a )IVIa UcTeA, _H AYI A —_ p 1rt`f�1 rc T`d a��r r >viS-Ice6`Ss'7'o C'F U 4 a ' mar __Not Accepted cz_u 15 Rt 5eVJV5t 114 Ffdee wwoFivir-ajV, le Modified 29 / el J TEXAS PERSONAL AUTO POLICY t, . 3. DECLARATIONS PAGE Germania INSURED:30746801 PH:(936)419-6707 David LTurnage David LTurnage 23080 Flukinger Rd 23080 Flukinger Rd Waller,TX 77484-6220 Waller,TX 77484-6220 P POLICY NUMBER POLICY PERIOD 12:01 AM STANDARD TIME at the address of the named insured as stated herein. 01/20/2024to 01/20/2025 GERMANIA SELECT INSURANCE COMPANY AGENT:0041 PO BOX 645 Phone Number:(979)826-3864 BRENHAM TX 7734-0645 J T Howard Jr DBA Howard Insurance Agency 945 12th St HEMPSTEAD TX 77445 Premium Subtotal $3,715.00 Additional Endorsements Total $190.00 Total Premium $3,905.00 State Fee(MVCPA) $10.00 THIS IS NOT A BILL.Invoices are mailed separately. Total $3,915.00 If Paid in full by 01/20/2024 $3,530.00 Description of Auto or Trailer The Auto(s)orTrailer(s)described in this policy is principally araged at the above address unless otherwise stated. Car Year Mod Trade Name Identification Number OTC COL Terr. Class Driving Passive Anti-Theft SYM SYM Credit Restraint Discount Discount Discount 1 2013 FORD 32 27 039 6A Yes Yes EXPLORER 2 2008 DODGE 75 15 039 6A Yes Yes DAKOTA I Coverage is provided where a premium and a limit of liability are shown for the coverage. C--Unm su re3i[Jn3ennsu reT— Coverages A--Liability Coverage Co B—Coverage Motorist Coverage D—Coverage for Damage to Your Auto ($250 Deductible A plicable to P.D.Liability) END.524 1 Med Pay TOWING COMBINED SINGLE LIMIT BODILY INJURY&PROPERTY DAMAGE AND Other Than Collision collision Total LABOR 2 PIP COST Premium Actual Actual Dollars PER Cash Cash C Dollars DISABLE- Value Less Value Less A EACHACCIDENT EACH EACH EACH EACH MENT unless Deductible unless Deductible fl PERSON PERSON ACCIDENT ACCIDENT otherwise otherwise stated— stated— Limito 1 $500,000 2 $2,500 $30,000 $60,000 $25,000 $500 $ Liability 500 Limit o Liabili 2 $500,000 2 $2,500 $30,000 $60,000 $25,000 $120 $500 $500 Premium 1 $1,028.00 $26.00 $73.00 I $73.00 $376.00 $454.00 $2,030.00 fi Premium 2 $875.00 $20.00 $64.00 F $64.00 $6.00 $312.00 $344.00 $1,685.00' Ed.0919 J, GERMANIA- EVIDENCE OF INSURANCE- STATE OF TEXAS NAME AND ADDRESS OF INSURED AGENCY J T Howard Jr David L Turnage DBA Howard Insurance Agency 23080 Flukinger Rd PHONE(979)826-3864 Waller,TX 77484-6220 Germania Select Insurance Company 1-800-392-2202 POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 01/20/2024 01/20/2025 DRIVERS YEAR VEHICLE MAKE&MODEL VEHICLE I.D.NO. David L Turnage 2013 FORD EXPLORER KATHLEEN TURNAGE 2008 DODGE DAKOTA This policy provides at least the minimum amounts of liability insurance required by the Texas Motor Vehicle Safety Responsibility Act for the specified vehicle and named insureds)and may provide coverage for other persons and other vehicles as provided by the insurance policy. GERMANIA- EVIDENCE OF INSURANCE- STATE OF TEXAS NAME AND ADDRESS OF INSURED AGENCY J T Howard Jr David L Turnage DBA Howard Insurance Agency 23080 Flukinger Rd PHONE(979)826-3864 Waller,TX 77484-6220 Germania Select Insurance Company 1-800-392-2202 POLICYI EXPIRATION DATE 01/20/2024 01/20/2025 DRIVERSVEHICLE MAKE&MODEL VEHICLE I.D. . David L Turnage 2013 FORD EXPLORER KATHLEEN TURNAGE 2008 DODGE DAKOTA L, �a This policy provides at least the minimum amounts of liability insurance required by the Texas Motor Vehicle Safety Responsibility a Act for the specified vehicle and named insured(s)and may provide coverage for other persons and other vehicles as provided by the insurance policy. w Texas Liability Insurance Card Keep this card IMPORTANT:You must show this card or a copy of your insurance policy must be shown when you apply for or renew your: (A) motor vehicle registration (B) driver's license (C) motor vehicle safety inspection sticker. You also may be asked to show this card or your policy if you have an accident or if a peace officer asks to see it. All drivers in Texas must carry liability insurance on their vehicles or otherwise meet legal requirements for financial responsibility.If you do not meet your financial responsibility requirements,you could befined up to$1,000,your driver's license and motorvehicle registration could be suspended,and your vehicle could be impounded for up to 180 days(at a cost of$15 per day). iMPORTANTE:Si usted desea una tarjeta oficial de comprobante de seguro escrita en espanol,comunfquese con su agente de seguros a este numero fo direccion de correo electr6nico).1-800-392-2202. Texas Liability Insurance Card Keep this card IMPORTANT:You must show this card or a copy of your insurance policy must be shown when you apply for or renew your: (A) motor vehicle registration (B) driver's license (C) motor vehicle safety inspection sticker. You also maybe asked to show this card or your policy if you have an accident or if a peace officer asks to see it. All drivers in Texas must carry liability insurance on their vehicles or otherwise meet legal requirements for financial responsibility.If you do not meet your financial responsibility requirements,you could be fined up to$1,000,your driver's license and motor vehicle registration could be suspended,and your vehicle could be impounded for up to 180 days(at a cost of$15 per day). IMPORTANTE:Si usted desea una tarjeta oficial de comprobante de seguro escrita en espanol,comunfquese con su agente de seguros a este numero{o direccion de correo electr6nicol.1-800-392-2202. .e zn +a w / 1 02- ix I/ k HISCOX HISCOX INSURANCE COMPANY INC. (A,Stock Company) er��, ourage 104 South Michigan Avenue, Suite 600,Chicago, Illinois 60603 (914)273-7400 AF� Professional Liability Errors & Omissions Insurance Declarations This is a"Claims Made and Reported" Policy in which Claim Expenses are included within the Limit of Liability' unless otherwise noted. Those words (other than the words in the captions)which are printed in Boldface are defined in the Policy. Declaration Effective Date: November 29,2023 Policy No.: Renewal of: 1. Named Insured: TURNAGE 8 ASSOCIATES 2. Address: 080[23 FLUKINGER RD. 080 W W ALLER,TX 77484 Email Address: tumageassociates@hotmaii.com 3.A. Limit of Liability: $1,000,000 Each Claim 3,13. $1,000,000 Aggregate for all Claims 4. Deductible: l $500 Each Claim 5. Notice: Phone: 866-424-8508 Email: reportaclaim@hiscox.com Mail: Hiscox 5 Concourse Parkway, Suite 2150 Attn:Direct Claims Atlanta GA,30328 6. Policy period: From: November 29,-2023 To: [November 29,2024 At 12:01 A.M.(Standard Time)at the address shown above. 7. Retroactive Date: January 1,2012 8. Premium: E400.00 9. Attachments: DPL D001 CW(11/19)-Professional Liability Errors&Omissions Insurance Declarations DPL P001 CW(05/13)-Professional Liability Coverage Form DPL E5424 CW(02/15)-Blanket Additional Insured Endorsement DPL E5038 CW(01110)-Training Services Endorsement DPL E5122 TX(01/10)-Texas Amendatory Endorsement DPL E1901 CW(08/21)-Cyber Incidents Exclusion Endorsement INT N001 TX(05/20)-Important Notice/Aviso Importante INT N002 TX(10/16)-Professional Liability Loss Control Information/Services INT N003 CW(01/19)-Policyholder Notice Electronic Delivery DPL D001 CW(111/19) Page 1 HISCOX HISCOX INSURANCE COMPANY INC. (A Stock Company) el colp u""1t°ecoilll e' 104 South Michigan Avenue,Suite 600, Chicago, Illinois 60603 (914)273-7400 INT N001 CW(01/09)-Economic And Trade Sanctions Policyholder Notice IN WITNESS WHEREOF,the Insurer indicated above has caused this Policy to be signed by its President and Secretary,but this Policy shall not be effective unless also signed by the Insurer's duly authorized representative. r r � r �4 J % , ,' President Secretary s ry Authorized Representative Date: November 29,2023 DPL D001 CW(11119) Page 2 o"ARell, AF�f HISCOX HISCOX INSURANCE COMPANY INC. (A Stock Company) ericoijrage couri',',ige, 104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 Commercial General Liability Declarations In return for the payment of the premium,and subject to all the terms of this Policy,we agree with you to provide the insurance as stated in this Policy. Declaration effective from: November 29,2023 Policy No.: Renewal of: Named Insured: L TURNAGE&ASSOCIATES Address: 23080 FLUKINGER RD. WALLER,TX 77484 Email Address: turnageassociates@hotmail.com Policy period: I From: I November 29,2023 To: November 29,2024 At 12:01 A.M.(Standard Time)at the address shown above. Form of Business: Other Each Occurrence Limit: ff,00 0-1:0:00 Damage to Premises Rented to You Limit: $100,000 Any one premises Medical Expense Limit: $5,000 Any one person Personal&Advertising Injury Limit: l$1,000,000 Any one person or organization General Aggregate Limit: $2,000,000 Products/Completed Operations Products-completed operations are subject to the General Aggregate Limit Aggregate Limit: Supplemental Business Personal Property Floater $o Coverage Limit: Supplemental Business Personal Property Floater Not Applicable Coverage Deductible: All Premises You Own, Rent or Occupy Premises Number: Address: 23080 FLUKINGER RD. WALLER,TX 77484 Total Premium: 350.00 Attachments: See attached Forms and Endorsements Schedule. CGL 10001 10 18 Includes copyrighted material of Insurance Services Office, Inc.,with Page 1 its permission.C ISO Properties,Inc.,2000 HISCOX HISCOX INSURANCE COMPANY INC. (A Stock Company) encot,i �tge coun,t, v, 104 South Michigan Avenue,Suite 600, Chicago, Illinois 60603 IN WITNESS WHEREOF,the Insurer indicated above has caused this Policy to be signed by its President and Secretary,but this Policy shall not be effective unless also signed by the Insurer's duly authorized representative, a President Secretary Authorized Representative CGL D001 1018 Includes copyrighted material of Insurance Services Office, Inc.,with Page 2 its permission.©ISO Properties, Inc., 2000 No &-ri-i FtcHLAl',Jf..i HILLS THE CITY OF CHOICE PtTRCIMSING."' DEPARTMENT ]REQUIKSIP FOR PROP01S.M., 2411-014 2023 P001 A SA..FE'l..,.jY GRAN CERTIF11 D P001. OPERA,."rOR. CIASSES GRANT BIDS DUE TIJESDAY, FE -[.JAR,Y' 27, 2024 BY' 3:00 '11'.M. Contents f.te INVITATIONTO BID................................................................................................................... 3 GENERAL CONDITIONS ............................................................................................................4 MINIMUM INSURANCE REQUIREMENTS............................................................................ 11 NON-COLLUSION AFFIDAVIT OF BIDDER..........................................................................22 BID CERTIFICATION ................................................................................................................23 COMPLIANCE WITH HOUSE BILL 1295................................................................................24 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY ................................................25 CONFLICT OF INTEREST QUESTIONNAIRE........................................................................26 CONTRACT CHANGES GRID..................................................................................................29 CONFIDENTIALITY OF PROPRIETARY INFORMATION...................................................30 SPECIFICATIONS.......................................................................................................................31 2 Contents INVITATIONTO BID...................................................................................................................3 GENERAL CONDITIONS ............................................................................................................4 MINIMUM INSURANCE REQUIREMENTS............................................................................ 11 NON-COLLUSION AFFIDAVIT OF BIDDER..........................................................................22 BIDCERTIFICATION ................................................................................................................23 COMPLIANCE WITH HOUSE BILL 1295................................................................................24 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY ................................................25 CONFLICT OF INTEREST QUESTIONNAIRE........................................................................26 CONTRACT CHANGES GRID ..................................................................................................29 CONFIDENTIALITY OF PROPRIETARY INFORMATION...................................................30 SPECIFICATIONS.......................................................................................................................31 2 INVIIAT10114 TO B11D The City of North Richland Hills is accepting sealed proposals from all interested parties for: ➢ Bid Number: 24-014 ➢ Bid Type: REQUEST FOR PROPOSAL ➢ Bid Name: 2023 POOL SAFELY GRANT CERTIFIED POOL OPERATOR CLASSES- GRANT FUNDED ➢ Bid Due Date: Tuesday, February 27, 2024 ➢ Bid Due Time: 3:00 P.M. Central Standard Time ➢ Deadline for questions: Date: Thursday, February 22, 2024 Time: 12:00 P.M. Central Standard Time DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: No oral explanation in regards to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. All bid responses must be turned in complete from cover page to the last page of the bid — pages in order. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. 3 In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail. 1. BID TIME It shall be the responsibility of each Bidder to ensure his/her bid are submitted to the Public Purchase website on or before 3:00 P.M. Tuesday, Februaff 27, 2024. The official time shall be determined by the Public Purchase Website.The Public Purchase Website will NOT allow bid responses to be uploaded after the closing time. All attached bid documents are to be returned completely filled out, totaled, and signed. The City of North Richland Hills will not accept any bid documents other than the attached. 2. WITHDRAWING BIDS/PROPOSALS/QUOTES Bids may be withdrawn at any time prior to the official opening; request for non- consideration of bids must be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his/her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids. 3. IRREGULAR BIDS/PROPOSALS/QUOTES Bids will be considered irregular if they show any omissions,alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City. 4. REJECTION/DISQUALIFICATION Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub-contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; e) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work,or having defaulted on a previous contract; f) Lack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires, or qualification statement; g) Bid containing special conditions, clauses, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. 4 However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. 5. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and/or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price;terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; fl Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, General Conditions and Specifications; i) Results of testing, if required; j) Warranty and/or guarantee, maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty(60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be,acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 9. DELIVERY/ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All 5 material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive, not restrictive,and is to indicate the quality and characteristics of products that will be satisfactory.As used in this clause,the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal" product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3) references, preferably to within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City (CMA-074, Standards of Conduct, Section IV). 6 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder,and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days' notice prior to cancellation without cause. 17. 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 attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for; and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement,and including all expenses of litigation,court costs,and attorney's fees for injury or death to any person,or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement,including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of City is the'sole cause of the resultant injury, death,or damage,unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit, including self-insurance. 7 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred(100)percent of the total contract price;if the total contract amount exceeds$50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100) percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. [,"Yes, we agree [ ] No, we do not agree 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code, vendor has not and shall not boycott Israel at any time while providing products or services to the City of North Richland Hills. N Yes, we agree [ ] No, we do not agree 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 85t' Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code, vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of North Richland Hills. K Yes, we agree [ ] No, we do not agree 8 NKH Personnel Policy Manual 22.14 Internal Ethics and Compliance Policy Effective Date: 09/01/17 I. Purpose The purpose of this policy is to establish procedures and guidelines to adopt and enforce an internal ethics and compliance program pursuant to and in accordance with Title 43 Texas Administrative Code, Section 10.51. II. Policy It is the policy of the City of North Richland Hills(the"City")to promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. III. Oversight of Compliance with Standards and Procedures j The Chief of Police and the Human Resources Director are charged with monitoring compliance within the City and taking appropriate action in response to compliance related complaints.These employees, along with the Finance Director, are responsible for oversight of financial reports and establishing and maintaining an adequate internal control structure with appropriate checks and balances. i IV. Appropriate Care in Delegation of Substantial Discretionary Authority Criminal background checks are conducted for all employees prior to being hired.All job offers are conditioned upon the applicant passing all medical examinations, drug tests, reference checks and criminal background investigations. V. Communication and Training on Compliance Standards and Procedures A. Employees. A copy of this Ethics and Compliance Policy, including any amendments and all related documents will be made available to all City employees. Training on the Ethics and Compliance Program will be held during orientation for new employees and annually thereafter during the all-staff training for all employees. Each employee will sign a document, either written or electronically, acknowledging receipt and understanding of the policy's requirements and on ethical behavior generally. B. City Council Members. All City Council members will receive annual training on this policy and the Internal Ethics and Compliance program. C. City Management. City management will participate in ethics training annually and in the compliance program and ethical behavior generally. D. City Agents.The Finance Director, in conjunction with the appropriate Department Director managing the services of the agent, shall be responsible for notifying all City { agents of the Ethics and Compliance Policy, and expectations of ethical behavior and compliance with the law. For purposes of this policy, agents shall include community partners, contractors that do business on behalf of the City, and volunteers. Information on the policy may be distributed through written materials,electronic communication or verbal communication. VI. Auditing,Monitoring and Reporting Non-compliance A. Internal Audit and Monitoring.The Budget Director,or designee, shall conduct annual internal audits and other risk evaluations to monitor compliance and assist in the reduction of identified problem areas.These auditing activities will focus on compliance with specific rules and policies that have been identified by the Government Accounting Standards Board as high risk areas. B. Reporting Non-compliance. It is the City's desire to identify and address incidents of misconduct in an expeditious manner. Employees are required to immediately report any suspicion of non-compliance with the law or unethical behavior to the Human Resources Director, or to the employee's immediate supervisor. If uncomfortable in reporting directly, Chapter 22 Page 22-19 1�I�H Personnel Policy Manual employees can, and are encouraged to, submit an anonymous sealed letter to make reports anonymously to the Human Resources Director.All reports made are taken seriously and handled confidentially as allowed by law. Employees who report suspected non-compliance with the law or unethical behavior can do so without fear of retaliation. VII. Enforcement of Compliance Standards and Procedures Any employee who violates the City's ethics policy and internal compliance program shall be subject to disciplinary action, up to and including termination, as well as applicable civil or criminal penalties. The Chief of Police shall be responsible for periodically assessing the risk of criminal conduct within the organization.The Human Resources Director shall be responsible for providing training on the Internal Ethics and Compliance Policy, and reviewing and updating the policy. Vill. Code of Conduct This policy prescribes the standards of ethical conduct for all City employees,elected officials, and those doing business with the City of North Richland Hills,which are governed by the following: A. Code of Ordinances, City Charter, Chapter 2,Article 11, Section 2-32, Code of Conduct B. Code of Ordinances,Article XVIII, Section 13, Ethics C. North Richland Hills Code of Ethics D. North Richland Hills Ethics in Procurement Policy E. Vendor Disclosure and Conflict of Interest Requirements All employees must familiarize themselves with this policy.All employees must abide by applicable federal and state laws,administrative rules, and this ethics policy.Any employee who violates any provision of this conduct policy is subject to disciplinary action up to and including termination.Any employee who violates any applicable federal or state law or rule may be subject to civil or criminal penalties in addition to any disciplinary action. All employees shall perform their official duties in a lawful, professional and ethical manner; practice responsible stewardship of organizational resources, and report any conduct or activity that he or she believes to be in violation of this policy. Employees shall not knowingly make false or misleading statements, oral or written, in reporting violations of this policy. Employees shall not disclose confidential or sensitive information related to City business without prior written consent from City management. IX. Effective Date This policy shall go into effect immediately upon approval by the City Manager. Chapter 22 Page 22-20 TURNAGE & ASSOCIATES 23080 Flukinger Rd.,Waller,Texas 77484 Ph:936-419-6707/Email:turnageassociates@hotmail.com/fax:888-316-5865 MARCH 8T", 2024 REF: RFP 24-014-2023 POOL SAFELY GRANT CERTIFIED POOL OPERATOR CLASSES —GRANT FUNDED REF: PAGE 11, MINIMUM INSURANCE REQUIREMENTS HEADING: PROFESSIONAL SERVICES & PAGE 15 EXHIBIT B, PART A. PLEASE BE ADVISED THAT TURNAGE & ASSOCIATES, LLC (TA) DOES NOT HAVE EMPLOYEES NOR DOES TA INTEND TO HIRE EMPLOYEES EITHER FULL TIME OR PART-TIME TO PERFORM DUTIES OF THE APPLIED FOR BID AS PRESCRIBED BY THE CITY OF N. RICHLAND HILLS. TURNAGE & ASSOCIATES ALSO ONLY HAS TWO OFFICERS. BASED ON THIS CRITERIA, TURNAGE & ASSOCIATES DOES NOT REQUIRE WORKERS COMPENSATION & EMPLOYER'S LIABILITY INSURANCE. Sincerely; David L Turnage, Owner/President Turnage & Associates, LLC CPO INSTRUCTOR SPECILIZED TRAINING CONSULTANT EXPERT WITNESS * By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not subject to the contract prohibition under Section 2252.154 of the Texas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment-The City of North Richland Hills' Internal Ethics and Compliance Policy has been made available to me. I understand the expectations of ethical behavior and compliance with the law, and agree to adhere to the City's ethics policies. !Ill Q://www.firll,,it.x.,comp`➢.:::focunientCeiiter~/View/389/f ode-ofw..I:ti-iicsa,..,.,..I:�p.::�I^"d�l�udld ( I agree [ ] I do not agree 25. COMPLIANCE WITH CHAPTER 2274 Pursuant to Chapter 2274, Texas Government Code, Prohibition on Contracts with Companies Boycotting Certain Energy Companies, as enacted by S.B. 13, 87th Legislature, the City of North Richland Hills is prohibited from using public funds to contract with a for- profit Company as defined by Government Code 809.01 who boycotts energy companies. If Seller has more than 10 employees and this Contract has a value of$100,000 or more, by signing this agreement/contract, the Seller verifies that it does not discriminate against energy companies and will not discriminate during the term of the Contract. By submitting a bid response, Seller certifies compliance with these requirements. 26. COMPLIANCE WITH CHAPTER 2274 Pursuant to Chapter 2274, Texas Government Code, Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries, as enacted by S.B. 19, 87th Legislature, the City of North Richland Hills is prohibited from using public funds to contract with a for-profit Company as defined by Chapter 2274.001, who discriminates against firearm and ammunition industries. If Seller has at least 10 full-time employees and this Contract has a value of $100,000 or more, by signing this agreement/contract, the Seller agrees that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the Agreement. By submitting a bid response, Seller certifies compliance with these requirements. This section does not apply if Seller is a sole-source provider. 27. DEPARTMENT OF TRANSPORTATION(TXDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated 9 against on the grounds of race, color, or national origin in consideration for an award."Due care and diligence has been used in preparation of this 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 presented herein shall rest solely with the bidder. The City of North Richland Hills and its representatives will not be responsible for any errors or omissions in these specifications,nor for the failure on the part of the proposer to determine the full extent of the exposures. 1 d Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion,may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of North Richland Hills. The following guidelines are designed to show the most common minimum insurance requirements for standard contracts and agreements with the City.Non-standard agreements may require additional coverage and/or higher limits. Coverage Amounts required for non-standard agreements to be determined by the department and the City Manager. General Contracts for Services: Service work, and general maintenance agreements, etc. C::1 Commercial General Liability J Automobile Liability E::::I Workers' Compensation & Employer's Liability 0 Payment and Maintenance Bond(if applicable) *See Exhibit A for insurance language to include in general contracts for services* Professional Services: Consultants or other professionals including:accountants,attorneys,architects,engineers,medical professionals, medical services, etc. X Commercial General Liability ;& Automobile Liability .- IVII F] Workers' Compensation &Employer's Liability ,�Professional Liability or equivalent Errors & Omissions (appropriate to Contractor's profession) *See Exhibit B for insurance language to include in professional services contracts* Construction: Building contractors for construction projects. 1::1 Commercial General Liability ❑ Automobile Liability 11.1 Workers' Compensation & Employer's Liability I Professional Liability (if applicable for design function) 11 V:V Builder's Risk(required for new or existing property under construction) V:V Payment and Maintenance Bond (if applicable) *See Exhibit C for insurance language to include in construction contracts* Information Technology/Network Access Services: For the purchasing and installation of technology-related software and equipment or contracting services that support, maintain or interact with the CITY'S technology systems. U Commercial General Liability 11 Automobile Liability ❑ Workers' Compensation & Employer's Liability Professional Liability (if applicable) ❑ Cyber Liability *See Exhibit D for insurance language to include in IT/network access services agreements* Standard Minimum Required Insurance Coverage Insurance Type Limit Provision City to be listed as additional insured $1,000,000 Each Occurrence and provided 30-day Commercial General $2,000,000 Aggregate notice of cancellation Liability or material change in coverage For Construction Projects: $2,000,000 Each Occurrence $4,000,000 Aggregate Automobile Liability $1,000,000 Combined Single Limit Waiver of Workers' Compensation Texas Statutory Requirements subrogation in favor of City $500,000 injury -each accident Employer's Liability $500,000 disease -each employee $500,000 disease - policy limit Professional Liability (or equivalent Errors& Omissions coverage $1,000,000 Each Occurrence appropriate to the Contractor'sprofession) Builder's Risk (required for new or existing property 100% Value under construction Cyber Liability $1,000,000 Each Occurrence Payment/Maintenance Bonds � In accordance with Chapter 2253 of the Texas Government Code 12 EXHIBIT A GENERAL CONTRACTS FOR SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants and CITY from claims for injuries, including accidental death,as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease- each employee $500,000 disease - policy limit B. Commercial General Liability: On an"occurrence"basis, including,property damage, bodily injury,products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non-owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed,terminated, or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 13 'r cvpri0/�//�///G%/%OJJJi!�111DA+19�1� Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. 14 EXHIBIT B PROFESSIONAL SERVICES For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury - each accident $500,000 disease-each employee $500,000 disease - policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability (Errors and Omissions) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, describe type of services,with a limit no less than $1,000,000 per occurrence or claim. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed,terminated,or materially changed unless and until thirty (30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. 15 CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 16 EXHIBIT C CONSTRUCTION For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance-of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury -each accident $500,000 disease -each employee $500,000 disease-policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability (if contract involves design work) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than$1,000,000 per occurrence or claim E. Builder's Risk CONTRACTOR shall maintain Builder's Risk Insurance providing All-Risk (Special Perils) coverage in an amount equal to one hundred percent (100%) of the completed value of the project in question and no coinsurance penalty provisions. The policy shall list the CITY as loss payee as their interests may appear. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. 17 Policies of insurance shall not be cancelled non-renewed,terminated, or materially changed unless and until thirty (30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. 18 EXHIBIT D INFORMATION TECHNOLOGY/NETWORK ACCESS SERVICES For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants and CITY from claims for injuries, including accidental death,as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease - each employee $500,000 disease -policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. 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) If appropriate for CONTRACTOR'S work, CONTRACTOR shall maintain Professional Liability(or equivalent)errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than $1,000,000 per occurrence or claim. E. Cyber Liability CONTRACTOR shall maintain cyber liability (or equivalent) insurance. Such insurance shall provide limits of no less than $1,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as undertaken by the CONTRACTOR. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. 19 Policies of insurance shall not be cancelled non-renewed,terminated,or materially changed unless and until thirty (30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 20 Other Insurance Requirements - To Be Included As Applicable CONTRACTORS who serve or distribute liquor: Liquor Legal Liability - CONTRACTOR shall maintain Liquor Legal Liability coverage covering the selling, serving, or furnishing of any alcoholic beverage performed by CONTRACTOR, or on its behalf. Such insurance shall provide limits of no less than $1,000,000.00 per occurrence. CONTRACTORs who hold long-term leases: Property Insurance — LESSEE shall maintain Property Insurance against all risks of loss to any improvements or betterments, at full replacement cost with no coinsurance penalty provision. The CITY shall be added as a Loss Payee to the policy as interests may appear. CONTRACTOR's whose work involves chemicals or otherwise has a pollution exposure: Contractors' Pollution Liability(or equivalent)—CONTRACTOR shall maintain Contractors' Pollution Liability with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000 policy aggregate. CONTRACTORs who take possession of City or public vehicles(e.g.,parking lots operators,auto repair shops): Garage Keepers Liability(or equivalent)—CONTRACTOR shall maintain Garage Keepers Liability or equivalent coverage for applicable property while in the CONTRACTOR'S care, custody or control. Coverage must include Comprehensive and Collision coverage. Such insurance shall provide limits equal to no less than the total value of CITY or public property in the CONTRACTOR'S care, custody and control at any one time. CONTRACTORS who own and operate unmanned aircraft (drones): UAS Liability (or equivalent) - CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance or use of Unmanned Aerial Systems (Drones). Coverage must include limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 21 State of C _ County of y j z verifies that: (Name) (1) He/She is owner,partner, officer,representative, or agent of U >- S ' 7 C �I e S has submitted the attached bid: (Company Name) 7 (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. 2 SIGNATURE PRINTED NAME Subscribed and sworn to before me this Day of " 2024. KER & � terry E�aa�aGuc, �c�ic oaf ic�xaa NOTARY PUBLIC in and for mmComm. � W2 '�OMR19wM C County, Texas. My commission expires: P 7 THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID 22 - BID CERTIFICA'11'1014 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,understands 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: ADDRESS: OT a-ELL&&GAp __.�._ ..........._ CITY, STATE &ZIP: TELEPHONE: f51- 6' FAX 6 - EMAIL: EZ EEA!a 0 C Id 7-F-5 R6TIOA114 , r- SIGNATURE: /4 X PRINTED NAME: .. .� / LJ / 11/�� _ fr �m.... .� ........ DATE: r / 23 COMPLIANCE WITH HOUSE BILL 1295 In 2015, the Texas Legislature adopted 1-1O Use Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either(1) requires an action or vote by the governing body of the entity or agency before the contract may 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: 1) 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 1295.htm. 24 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1132670 TURNAGE&ASSOCIATES, LLC WALLER,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/07/2024 being filed. CITY OF NORTH RICHLAND HILLS Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFP 24-014-2023 CERTIFIED POOL&SPA TRAINING CLASSES 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is 1 �a� and my date of birth is My address is i j - k _ try (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. tr Executed in L-. County, State of //4 „on the day of, _20jA_�. (month) (year) Vgmf Signature of authorized agent,46ontracting business entity (Declaranff Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.5b35d027 '' _"l /� Ff FOR, DISADVANTAGED BUSINESS ENTEAPRISES ONILY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd.,Austin TX 78701-1416 P O Box 13186,Austin, TX 78711-3186 (512) 463-5872 North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: _—Minority-Owned Business Enterprise _—Women-Owned Business Enterprise Disadvantaged Business Enterprise 25 CON FILWTOF 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: .etlwies.state.t .us/data/l' ��s/eoiii"1ict�Cl:Ott Ww..m.m.m.mww.....................................................................................................wwwwwwwwwwwwW To be considered for award, the Conflict of Interest Questionnaire is required to be completed with dated signature. 26 e, Ltwll)341 lll �-/�1 -11 I �),:`�19 1:9N Z� CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code S 176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to,that agency. Local Government Code S 176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the 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 aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code S 176.006(a)and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(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 the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a requestfor proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection (a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 NRH Personnel Policy Manual 22.14 Internal Ethics and Compliance Policy Effective Date: 09/01/17 1. Purpose The purpose of this policy is to establish procedures and guidelines to adopt and enforce an internal ethics and compliance program pursuant to and in accordance with Title 43 Texas Administrative Code, Section 10.51. 11. Policy It is the policy of the City of North Richland Hills (the"City")to promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. III. Oversight of Compliance with Standards and Procedures The Chief of Police and the Human Resources Director are charged with monitoring compliance within a the City and taking appropriate action in response to compliance related complaints.These employees, along with the Finance Director, are responsible for oversight of financial reports and establishing and maintaining an adequate internal control structure with appropriate checks and balances. i IV. Appropriate Care in Delegation of Substantial Discretionary Authority Criminal background checks are conducted for all employees prior to being hired.All job offers are conditioned upon the applicant passing all medical examinations, drug tests, reference checks and criminal background investigations. V. Communication and Training on Compliance Standards and Procedures A. Employees. A copy of this Ethics and Compliance Policy, including any amendments and all related documents will be made available to all City employees. Training on the Ethics and Compliance Program will be held during orientation for new employees and annually thereafter during the all-staff training for all employees. Each employee will sign a document, either written or electronically, acknowledging receipt and understanding of the policy's requirements and on ethical behavior generally. B. City Council Members.All City Council members will receive annual training on this policy and the Internal Ethics and Compliance program. C. City Management. City management will participate in ethics training annually and in the compliance program and ethical behavior generally. D. City Agents.The Finance Director, in conjunction with the appropriate Department Director managing the services of the agent, shall be responsible for notifying all City agents of the Ethics and Compliance Policy, and expectations of ethical behavior and compliance with the law. For purposes of this policy, agents shall include community partners, contractors that do business on behalf of the City, and volunteers. Information on the policy may be distributed through written materials, electronic communication or verbal communication. VI. Auditing,Monitoring and Reporting Non-compliance A. Internal Audit and Monitoring. The Budget Director, or designee, shall conduct annual internal audits and other risk evaluations to monitor compliance and assist in the reduction of identified problem areas.These auditing activities will focus on compliance with specific rules and policies that have been identified by the Government Accounting Standards Board as high risk areas. B. Reporting Non-compliance. It is the City's desire to identify and address incidents of misconduct in an expeditious manner. Employees are required to immediately report any suspicion of non-compliance with the law or unethical behavior to the Human Resources Director,or to the employee's immediate supervisor. If uncomfortable in reporting directly, Chapter 22 Page 22-19 NRH Personnel Policy Manual employees can, and are encouraged to, submit an anonymous sealed letter to make reports anonymously to the Human Resources Director.All reports made are taken seriously and handled confidentially as allowed by law. Employees who report suspected non-compliance with the law or unethical behavior can do so without fear of retaliation. VII. Enforcement of Compliance Standards and Procedures Any employee who violates the City's ethics policy and internal compliance program shall be subject to disciplinary action, up to and including termination, as well as applicable civil or criminal penalties. The Chief of Police shall be responsible for periodically assessing the risk of criminal conduct within the organization.The Human Resources Director shall be responsible for providing training on the Internal I Ethics and Compliance Policy, and reviewing and updating the policy. I Vill. Code of Conduct This policy prescribes the standards of ethical conduct for all City employees, elected officials,and those doing business with the City of North Richland Hills,which are governed by the following: A. Code of Ordinances, City Charter, Chapter 2, Article 11, Section 2-32, Code of Conduct B. Code of Ordinances,Article XVIII, Section 13, Ethics C. North Richland Hills Code of Ethics D. North Richland Hills Ethics in Procurement Policy E. Vendor Disclosure and Conflict of Interest Requirements All employees must familiarize themselves with this policy. All employees must abide by applicable federal and state laws, administrative rules, and this ethics policy. Any employee who violates any provision of this conduct policy is subject to disciplinary action up to and including termination.Any employee who violates any applicable federal or state law or rule may be subject to civil or criminal penalties in addition to any disciplinary action. All employees shall perform their official duties in a lawful, professional and ethical manner; practice responsible stewardship of organizational resources, and report any conduct or activity that he or she believes to be in violation of this policy. Employees shall not knowingly make false or misleading statements, oral or written, in reporting violations of this policy. Employees shall not disclose confidential or sensitive information related to City business without prior written consent from City management. IX. Effective Date This policy shall go into effect immediately upon approval by the City Manager. I Chapter 22 Page 22-20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity .. ................ — This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than die 7th business day after the date the vendor becomes aware of facts that require the statement to be hied. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity, ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176,003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described, Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes NJ No e. Is the vendor receiving or likely to receive taxable income,other than investment Income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No -5 Describe each employment or business relationship that the vendor named in Section I maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or,a family member of the officer one or more gifts as described in Section 176.003(a)(2)(e), excluding gifts described in Section 176.003(a-1). 71 z� F Signature of vendor doing business wi11,Iher—ental entity Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3012015 27 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx,us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code S 176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goodsor 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. Local Govemment Code 6 176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: w+.x (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the 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 aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 6 176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora family member of the officer,described by Section 176.003(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 the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interestquestionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relation shipwith a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 28 UP' PIRUPRIFIFAIIIZY INIFURMIA'VION During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and discussions related to the Proposers' proposals as confidential. The City will treat all proposals as confidential until negotiations are completed, the successful Proposer has been selected, and a contract has been awarded. During the evaluation process, the City intends to disseminate information submitted by all Proposers to selected staff, any consultants employed by the City, and the evaluation committee, as the City deems appropriate in its sole discretion. Such staff, consultants, and committee members shall maintain the Proposers' information as confidential to the extent permitted by law. All materials submitted in response to this RFP shall become the property of the City of North Richland Hills and will not be returned. After a Proposer is selected and the contract is awarded, all submissions shall be subject to release in accordance with Texas Government Code Chapter 552, the Texas Public Information Act (the"Act"). If a Proposer does not desire proprietary information in the proposal to be disclosed, it is required to identify all proprietary information in the proposal prior to submission of the proposal to the City. The identification shall be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Proposer fails to identify such information as proprietary, the Proposer agrees by submission of its proposal that those sections shall be deemed non-proprietary and made available to the public upon request as authorized by law upon completion of the RFP process and award of contract. Proposers are advised that the City, to the extent permitted by law, will protect the confidentiality of their proposals. Proposers shall consider the implications of the Act, particularly after the RPF process has ceased and a contract has been awarded. If a public information request is made for a Proposer's response following award of a contract,proprietary information submitted in an RFP process may only be withheld from public disclosure pursuant to Section 552.1101 of the Act. A determination as to whether Section 552.1101 applies will not be decided by the City of North Richland Hills, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Proposer, and the Proposer is required to request an opinion as to the confidentiality and proprietary nature of the information from the Attorney General pursuant to Section 552.305 of the Act. The City is not authorized to make the request on the Proposer's behalf. 30 SPIECIFICATIONS Certified Pool Operator Class Description This is a two-day,comprehensive, live class,with a PHTA-Certified CPO Instructor covering all aspects of managing and operating commercial or residential swimming pools, spas or water parks. The course topics include Facility Management, Codes and Regulations, Essential Calculations, Contaminations, Disinfectants,Water Balance,Circulation,Filtration,Heating and Air, Spas and Therapy Pools, Facility Safety, Troubleshooting, and Maintenance. The Pool and Hot Tub Alliance Certified Pool/Spa Operator® Certification is valid for a period of 5 Years from the date of issue and is recognized nationally. The registration fee includes the PHTA CPO Handbook, the 2-day virtual class with the PHTA-Certified CPO Instructor, class handouts/worksheets, administration of the PHTA CPO exam, and the 5-year certification issued by the Pool and Hot Tub Alliance. The PHTA CPO Handbook in hard copy is included with each registration. SCOPE OF WORK: Vendors are to provide PHTA-accredited Certified Pool &Spa Operator(CPO)training,administration of the CPO exam, and follow up to ensure registration of CPO certification (for those participants with a passing grade of 75%) to 50 students per class and a total of 200 students. The tentative dates of training are scheduled for Monday and Tuesday, April 1-2, 2024; Monday and Tuesday May 6-7,2024; Monday and Tuesday,October 7-8,2024, and Thursday and Friday,December 12-13th, 2024. Adjustments to this schedule may be made with at least 30 days' notice and the agreement of both the vendor and the City. If a vendor is unable to provide training for any of these dates due to sickness, emergency, or other reasons, the vendor is responsible for providing a PHTA- certified replacement instructor to meet the requirements of this bid. The vendor shall provide for their own travel and hotel accommodations,all materials needed to provide training, continuing education credit verification, and CPO exam administration to all participants, and all classroom materials for students including a PHTA Certified Pool & Spa Operator Workbook per participant. The City shall provide facilities to host the training and shall oversee advertisement of the class and registration of participants. The funding for this training will be provided through a 2023 Pool Safely grant; there will be no cost to participants to receive the training, exam, or certification. The vendor shall report to the City the names and total number of students who received CPO training and the total number of students who received a passing grade on the CPO exam and CPO certification no later than 60 calendar days following each class date. The vendor shall provide a copy of the CPO Course Evaluations completed by participants to the City. 31 The vendor shall work with the City to create a short pre-and post-training knowledge assessment quiz that will be administered before and after the training. The City shall be allowed to include up to 30 minutes of additional training that does not count towards the CPO training or exam time (not including breaks or lunch)on the day of training. The City plans to use this time to share the availability of the"VGB Compliance Training" videos created by Pool Safely and to share resources and best practices about drowning prevention and inspections with participants. The vendor shall provide a dependable phone number and email to the City and shall sufficiently respond to communications on either the phone number or email within two business days. VENDOR REQUIREMENTS: Vendor must be a PHTA-certified instructor authorized by the PHTA to teach the CPO training and administer the CPO exam. Preference may be given not only on cost of the class but to bidders who provide evidence of experience teaching past CPO training classes and higher "pass-rate" percentages of past students who took the CPO exam. EVALUATION AND SELECTION PROCESS Proposals will be evaluated by a selection committee based on the following criteria: EVALUATION CRITERIA Min Max Pts. Pts. Price 0 +30 Evidence of experience teaching past CPO training classes 0 +25 Higher"pass-rate"percentages of past students who took the CPO exam. 0 +25 Experience with similar projects(References) 0 +20 Following the review and evaluation of all RFP submittals, a Selection Meeting will be held the first or second week of March 2024. The selection committee will present their ranking based on supplier responses to the published criteria above at the selection meeting. The selection meeting will result in the selection of one proposal or an appropriate short list of proposals. The City shall select the supplier who submits the proposal that offers the best value for the City. 32 RIY �141-ell CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft,, Complete Nos.I-4 and ib if there are interested parties, OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business, 2024-11,32670 TURNIAGE&ASSOCIATES,LLC WALLER, TX United States Date Filed: I — 2 Name of governmental entity or state agency that is a party to the contract for WhicR the form is 03107/2024 being filed, CITY OF NORTH I CHLANE),HILLS Date ACknowedged: 3 Provide the identification number used by the governmentW entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFP 24-014-2023 CERTIFIED POOL&SPA TRAINING CLASSES 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is and my date of birth is A y J Q my address Is ei 3 0 F0 LEA A 1"I&J. L k A.. ................. (street), (city) (stale) (Zip Wde) (countr/) I declare Under penaftl of perjury that the foregoing is true and Correct. Executed in County, State,of an the (mcnth) (year) Signature of authorized agent ntracting business entity (DeHarano 00 Forms provided by Texas Ethics Commission www.ethics-rAate-tx.us Version V3.5-1-%35027 r4R� NOKT"H KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2024 SUBJECT: Authorize the purchase of the Motorola CAD Integration and four- year subscription service for the USDD Phoenix Automatic Dispatch Gateway through the Department of Information Resources contract DIR-TSO-4101 in an amount not to exceed $42,872.18. PRESENTER: Stan Tinney, Fire Chief SUMMARY: North Richland Hills Fire Department is requesting the authorization to purchase the Motorola CAD integration for the recently purchased USDD Phoenix Automatic Dispatch Gateway. GENERAL DESCRIPTION: The City of North Richland Hills purchased the Phoenix automatic dispatch gateway, which assists dispatchers by automatically dispatching calls for fire and EMS, allowing the dispatcher to continue taking information from the caller improving emergency response times. The integration costs $10,872.18 dollars (year 1), and the subscription service is $8,000 dollars each year for the next four years totaling $42,872.18 dollars. The subscription service costs in years two through five will be included in the shared services agreement. This authorization is requested because the addition of this purchase exceeds the previously approved amount and requires council approval. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the city to solicit competitive bids. Motorola is an approved vendor through the Department of Information Resources contract number DIR-TSO-4101. RECOMMENDATION: Authorize the purchase of the Motorola CAD Integration and subscription service for the USDD Phoenix Automatic Dispatch Gateway through the Department of Information Resources contract DIR-TSO-4101. Docusign Envelope ID: 17437C80-BF2D-4763-9COE-D8AEB2652859 TOROiLA SOLUTIONS i.V I') J4 715',0 60 D I R-TSO-4101 Billing Address: Shipping Address: Quote Date:03/01/2024 NORTH RICHLAND HILLS NORTH RICHLAND HILLS Expiration Date:03/01/2025 POLICE DEPARTMENT POLICE DEPARTMENT Quote Created By: 4301 CITY POINT DRIVE 4301 CITY POINT DR. Billy Duncan NORTH RICHLAND HILLS, NORTH RICHLAND Billy.Duncan@ motorolasolutions.com TX 76180 HILLS, TX 76180 US US End Customer: NORTH RICHLAND HILLS POLICE DEPARTMENT Jennifer Veber jveber@nrhtx.com Payment Terms:30 NET Flex 1 ISVOOS01851A 0030 FLEX CAD DELIVERY SERVICES 1 2 SSV00S03492A-SP 9974 LICENSE,PHOENIX G2/USDD 1 STATION ALERTING INTERFACE 3 SWVOOS03493A-SP 9972 PHOENIX G2/USDD STATION 1 5 YEAR ALERTING STANDARD MAINTENANCE Grand Total $42,872.18(USD) Pricing Summary MINEINEENEEMEN= Upfront Costs for Hardware,Accessories and Implementation $10,872.18 $0.00 (if applicable), plus Subscription Fee Year 2 Subscription Fee $8,000.00 $0.00 Year 3 Subscription Fee $8,000.00 $0.00 Year 4 Subscription Fee $8,000.00 $0.00 Year 5 Subscription Fee $8,000.00 $0.00 Grand Total System Price $42,872.18 $0.00 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the""Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions,Inc.:500 West Monroe,United States-60661—#:36-1115800 gC Docusign Envelope ID: 17437C80-BF2D-4763-9COE-D8AEB2652859 TOROiLA SOLUTIONS i.V I') III J4 715',0 60 Notes: • This quote contains items with approved price exceptions applied against them. • Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added to invoices. The Customer's signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Motorola Solutions within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Motorola Solutions. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein. Motorola Solutions, Inc. Customer By: jvt" Hat(A" By: Name: Tyler Holland Name: Title: Area sales manager - Software Enterprise Title: Date: 8/5/2024 Date: Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the""Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions,Inc.:500 West Monroe,United States-60661—#:36-1115800 gC Docusign Envelope ID: 17437C80-BF2D-4763-9COE-D8AEB2652859 G2/USDD Station Alerting Interface Functional Description The Motorola Flex CAD-Phoenix G2/USDD interface is a real-time fire incident interface designed to transfer alerting information to the Phoenix G2 Alerting System(FSAS).This interface generates messages when units are dispatched;moved-up or the unit status changes.The interface will transform the Flex CAD alerting message to the structure as defined by the target third-party system and then sends them via a TCP/IP connection to the target system.The target system then forwards the message to the appropriate end terminal located at each station. Supported Use Cases Use Case " Description UC-01 Outbound interface sends alert message when units are dispatched UC-02 Outbound interface sends alert message when there is a unit move-up UC-03 Outbound interface sends alert message when there is a unit status change Specific Technical Requirements Target System Target System Connection Protocol Send Receive Bi- Acknowledge Received/ Version Only Only Directional Send Latest version is Transfer Control Protocol/Internet Protocol(TCP/IP) X expected Web Service • The interface will be implemented as a deployable web application that will run on the Motorola Flex Interfaces Server • Alerting messages conform to the Phoenix G2 protocol • An active-active architecture is utilized to achieve fault-tolerance and redundancy-messages are sent to two FSAS servers simultaneously • A real-time message triggering mechanism will use the Flex ctxdump program to detect status changes • A configurable logging system shall be incorporated to provide failure and troubleshooting information. • The customer is responsible for keeping the reference data synchronized between Flex CAD and Phoenix G2 Station Alerting systems • The customer is responsible for contacting Motorola Solutions when changes occur to the customer enterprise network that affect either Flex CAD or Phoenix G2/USDD Station Alerting • Alerting will take place whether a unit is In Station or Out of Station • The customer will need become familiar with both Flex CAD and CAD Provisioning as code table entries may differ between the two systems. Supported Data Elements FSAS Data Elements Incident Number Incident Nature Call Comments Station Units Assigned Alert Type Location Common Name Street Address Apartment Building Latitude Longitude Zone This interface was developed by Accelerant Group Incorporated,an MSI partner. Page 1 of 1 Amendment Number 6 to Contract Number DIR-TSO-4101 between State of Texas, acting by and through the Department of Information Resources and Motorola Solutions, Inc. This Amendment Number 6 to Contract Number DIR-TSO-4101 ("Contract") is between the Department of Information Resources ("DIR") and Motorola Solutions, Inc. ("Vendor"). DIR and Vendor agree to modify the terms and conditions of the Contract as follows: 1. Contract, Section 2. Term of Contract is hereby amended as follows: DIR and Vendor hereby agree to extend the term of this Contract for 90 days through October 20, 2024, or until terminated pursuant to the termination clauses contained in this Contract. All other terms and conditions of the Contract, not expressly amended herein, shall remain in full force and effect. In the event of conflict among the provisions, the order of precedence shall be Amendment Number 6, Amendment 5, Amendment 4, Amendment 3, Amendment 2, Amendment 1, and then the Contract. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Amendment 6 Contract DIR-TSO-4101 rev.05/2020 Page 1 IN WITNESS WHEREOF, the parties hereby execute this amendment to be effective as of the date of the last signature, but in all events, no later than 7/22/2024. Motorola Solutions, Inc. Authorized By: Signature on File Name:Scott Lees Title: VP Government sales - West Date: 7/18/2024 1 4:12 PM CDT The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name-: Lisa Massock Title: Chief Procurement Officer 7/19/2024 1 4:00 PM CDT Date Initials on File 7/19/2024 8:04 AM CDT Office of General Counsel: Amendment 6 Contract DIR-TSO-4101 rev.05/2020 Page 2 "RH NORTH 12ICHLAND HILLS (APPENDIX H TO THE PURCHASING POLICY AND PROCEDURES MANUAL) CITY OF NORTH RICHLAND HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between Motorola SOiIUtlons ("Vendor")and the City of North Richland Hills,("Customer"or"Authorized Customer"), a Texas government entity, and a Customer authorized to purchase goods or services pursuant to the Agreement between the Texas Department of Information Resources ("Cooperative Entity")and Vendor, Contract No. DIR-TSO-4101 ,as amended, (the"Agreement")with an expiration date of 10/20/2024.This Customer Agreement includes and shall be governed by (i) the terms and conditions of the Agreement, which are incorporated herein by reference and available online at https://dir.texas.gov/contracts/dir4so-4101 or upon request from Vendor, (iii) the attached Vendor Quote/Purchase Order No. 22401051, if applicable,and(iii)the Government Contract and Purchasing Riderfor Contracts with the City of North Richland Hills Contracts,if applicable,all of which are attached hereto and/or incorporated herein by reference.Authorized Customer is eligible and desires to purchase[ Motorola Flex CAD Interface for Phoenix G2 Dispatch Gateway pursuant to the terms and conditions of the Agreement as the Cooperative Entity may specify from time to time, as well as the terms and conditions of this Customer Agreement.To ensure goods and services are provided directly to the Customer,the Cooperative Entity will only be responsible for services provided to the Cooperative Entity and will not be responsible for payments for services provided tothe Customer. The Authorized Customer agrees to the terms and conditions of the Agreement as applicable and as authorized by law. The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment, products and services provided hereunder.Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the Cooperative Entity under the Agreement, as applicable,as if Customer had entered into the Agreement. Except in the event of gross negligence or intentional misconduct,Customer's liability shall not exceed the amount paid by Customer under this Customer Agreement for the proceeding twelve(12) month period.Vendor agrees that until the expiration of three(3)years after final payment under this Customer Agreement,or the final conclusion of any audit commenced during the said three years, Customer,or Customer's designated representative, shall have access to and the right to audit at reasonable times,all records, hard copy or electronic, involving transactions relating to this Customer Agreement necessary to determine compliance herewith, at no additional cost to the Customer.Vendor agrees that the Customer shall have access to such records during normal business hours. Customer shall provide Vendor with reasonable advance notice of any intended audits. Purchase Price-Payments under this Customer Agreement shall not exceed $ 42,782.18 ("Purchase Price"). Term-The Term of this Customer Agreement("Term")shall be for one of the following as selected below(Select the type of contract that applies): IN Single Purchase Contract—The Term shall not exceed one (1)year, and this Customer Agreement shall be for the purchase of goods or services as specified and quoted by the Vendor, and the Purchase Price shall not exceed the budgeted amount for Customer's current fiscal year for the applicable goods and services. ❑ ,Supply/As Needed Contract—The Term shall be effective as of October 1"and shall expire on September 30t"at the end of FY 23-24.This Customer Agreement shall be for multiple purchases of goods or services on an as needed basis,from the same vendor under the same contract,and shall not exceed the budgeted amount for Customer's current fiscal year for the applicable goods and services. ❑ IMulti-Year Contract—The Term shall be for year(s)expiring on .This Customer Agreement may be renewed for three(3) renewal periods of twelve (12) months. Customer Agreement shall be with a single vendor for products and services. If the amount of expenditures under this Multi-Year Contract equals or exceeds$50,000 in the aggregate, City Council approval is required. In the event the City does not appropriate sufficient funds to make payments during the current or any subsequent year,the City shall have the right to terminate this Multi-Year Contract at the end of any such fiscal year without penalty. ❑ Emergency Purchase—Purchases that are necessary to address a public calamity, because of unforeseen damage to property, or to protect the public health or safety where the City's ability to serve the public would be impaired if the purchase were not made immediately.Emergency purchases must meet the requirements of Local Government Code 252.022,and must be ratified by City Council if the purchase is$50,000 or more. (Government Rider-Select if Vendor has additional terms and conditions that apply to this purchase) ❑I Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills, Texas—If this purchase contains additional terms and conditions from the Vendor, other than those set forth in the Agreement, the Vendor shall separately execute the Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills,Texas("Government Rider").Such applicable terms and conditions as set forth in the Government Rider shall supersede any conflicting terms of the Vendor's terms and conditions,and such Government Rider shall control.The Government Rider is attached hereto, incorporated herein by reference and made a part of this Customer Agreement for all purposes. The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the respective party, and that the execution and performance of this Customer Agreement has been duly authorized by the respective party.This Customer Agreement, and any amendment hereto, may be executed in counterparts, and electronically signed, scanned, digitally signed and sent via electronic mail and such signatures shall have the same effect as original manual signatures. Each party has caused this Customer Agreement to be executed by its duly authorized representative on this 126th day of August 20 24 [Signature Page Follows] NRH Cooperative Purchase Customer Agreement, Page 1 of 2 CA-CONTRACT NO. PUR0002_20220107 Vendor Name:Click or tap here to enter Rev.08-26-2024 f-f ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: Motorola Solutions: APPROVED:I certify that funds are currently available By: for this purchase. Name: Brad Rice ❑ (Check the box if$3,000 or less) Title: Area Sales Manager Date: ('Aif°* or tape to entd':'''I^r a da t,i::!I. By: Eva Ramirez, Purchasing Manager Department Director: By: Printed Name:Stan Tinney Departmenj:Fire APPROVED: By: Date: Paulette A. Hartman,City Manager Or Designee: By: Date: Name ("his("hisk, or top iereid-re to Effl n tep id Title: (11:;k ii:�)r tap Ihere to (:witi er ATTEST: By: Alicia Richardson,City Secretary/Chief Governance Officer By: Traci Henderson,Assistant City Secretary NRH City Council Action: Y❑I N ❑ Date Approved it lick or tap hed i;� to entiil:ryiir tell , Agenda Item No (_',h k or tap td t i Wi td r td' d Ord/Res No. I(-Ick, or tap here to �i tee t d.' APPROVED TO FORM AND LEGALITY: By: Cara Leahy White, Interim City Attorney NRH Cooperative Purchase Customer Agreement, Page 2 of 2 CA-CONTRACT NO. PUR0002_20220107 Vendor Name:Click or tap here to enter Rev.08-26-2024 f—f Docusign Envelope ID:9E330DB7-9A82-4FBF-A533-B27660783B12 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1216813 Motorola Solutions Inc Salt Lake City, UT United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/19/2024 being filed. North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2547506 US Digital Fire Station Alerting Interface Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 LINSWORN DECLARATION Tyler Holland My name is , and my date of birth is- My address is 3441 N 620 W Lehi Utah 84043 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Utah County, State of Utah on the 19 day of September,2(2024 . (month) (year) T-lti. HIU44,[ Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.48da51f7 r4R� NOKTH KCCHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2024 SUBJECT: ZC24-0109, Ordinance No. 3868, Public hearing and consideration of a request from PLT Concrete & Construction for a zoning change from AG (Agricultural) to 0-1 (Office) at 8320 Davis Blvd, being 3.93 acres described as Tract 7A4, Stephen Richardson Survey, Abstract 1266. PRESENTER: Clayton Comstock, Managing Director of Development Services SUMMARY: On behalf of PLT Concrete & Construction, Samuel Tully is requesting a zoning change from AG (Agricultural) to 0-1 (Office) on 3.93 acres located at 8320 Davis Boulevard. GENERAL DESCRIPTION: The site under consideration is located on the east side of Davis Boulevard between Thornbridge Drive and Timber Drive. The site is currently developed with a single-family residence and detached garage. The applicant is requesting a zoning change to 0-1 (Office) with the intent to develop professional, administrative, medical, and general business office uses. Development of the site would have to comply with the general standards of the 1 .....1.......Mgg). (see link) district as well as related development standards including landscaping, screening, parking, lighting, and building design standards. The site is adjacent on three sides to single family residential zoning. Common questions regarding development standards adjacent to residential uses are summarized below: • Minimum 35-foot building setback from all residentially zoned properties. • Minimum 15-foot landscape buffer from all residentially zoned properties, to include the following: o No pavement or building improvements. o Minimum six (6)-foot tall masonry wall on common property line. o One (1) large tree per 30 linear feet, at least 40% of which must be an evergreen species. o No outdoor lighting. r4R� NOKTH KCCHLAND HILLS • Any outdoor lighting (i.e. parking lot lights) within 100 feet of residential property may not exceed 20 feet in height and must be shielded to minimum glare and light trespass on to adjacent residential properties. • Minimum 25-foot setback for any dumpsters and dumpster enclosures. • Building heights may vary depending on their setback. For every 1 foot of building setback from residential property line, the building can be up to 1.5 feet tall. While the owner/applicant has expressed plans to develop an office park of multiple single-story "garden-style" offices for professional and medical uses, any proposal that meets the 0-1 (Office) district and other city development criteria could be permitted. The applicant has a conceptual layout for a possible development and plans to share that with City Council at the meeting. The applicant shared the plans with the Planning and Zoning Commission during their public hearing. VISION2030 COMPREHENSIVE PLAN: This area is designated on the Vision203O Land Use Plan as Office Commercial. This designation encourages professional, medical, and administrative office as well as limited commercial establishments that benefit adjacent and nearby residential areas, and in which all business and commerce is conducted indoors. It encourages the development of a variety of office types including traditional office buildings, executive suites, and co-working spaces. CURRENT ZONING: The property is currently zoned (AG Agricultural). The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. PROPOSED ZONING: The proposed zoning is 0-1 (Office). This district is intended to permit professional and organizational office development. SURROUNDING ZONING I LAND USE: r • r r NORTH R-1(Single-Family Residential) Low Density Residential Single-family residences AG (Agricultural) Vacant WEST G1(Commercial) Office Commercial Veterinarian clinic PD(Planned Development) R-1(Single-Family Residential) SOUTH Low Density Residential Single-family residences R-3(Single-Family Residential) EAST R-1(Single-Family Residential) Low Density Residential Single-family residences t4Ft, D HILLS PLAT STATUS: The property is unplatted. Approval of a plat will be required prior to the issuance of building permits for the site. PUBLIC INPUT: Following posting of the public hearing signs on the subject property, the Planning & Zoning Division received emailed input regarding the zoning change request. A copy of all correspondence is included in the "Public Input" attachment. Any additional correspondence received after the publication of this report will be distributed to the City Council prior to the public hearing. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 5, 2024, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3868. 3USIHl . . ... . . . . . 3NAdN2i0Hl ii o 0 ... 00 Q 0 W o N008d' 80Hl ............................. x N3AVHNUGH1 O ........... x .......... ~ o 0 CD AdMNbOHl ... 1S3H3NHOHl..... 0 0 0 �.. IIIHNUGHl . . . . .. . z .. .. . . w . .. . J Q o,. z x 0 �2 W q14 S bosh J . . ....... ., a � E �5 T fl O O � bA U1 Q _ N O @ O @ �i o O E t @ C � N / N C O @ � �F a° @ �„ ........... n a w a J 4 O U O T / y r � I!��jy���r��r� i +d`✓� �f,,l e r`f � f l ��� � ii/�r ij " / n rri i/�u I r / r� 1(�✓lri N/ f f i ii a �," e u� n r �--+ v q% rl� f�;� (�ri f//1 11u1�u��� � `✓�r��(1�✓ �r� �� LL O 000 r O IN /r y e jai " k,i o� a i✓� f f it r r, � m ' rI�'u ✓ �' r,� i4, ��"'� O O r-1 O 78 ���r ��/� �i. .,, er,� � t e�� 9 � r ,r f r / fq r✓ rW f v �,�r"i i �^ f ll, rG/ r Jr, / r ' 1 , 1 rrir f v � N f il, r rl T > t0 y a o 9- J _ N ¢ C J f O b@A ✓', f,�f, f fir, �r,r � i,' '"�fl'� �� r o � `° � v�1h117Jl�NTiiiu�r' �' 9f ,r ' r � /✓ � �, f i.f �`+� ti � � m �� r1111 � 4 �i� r�� �' � ��✓i�i r<a�� /r a ° m� 9 1 � 9 1 '��� iG r "fl '� �i/ 1 J�' r �'✓ /�� L'��1 ri f' 'k L 0 o > ° —> JqRH PUBLIC HEARING NOTICE NOKTH KICHLAND HILLS CASE: ZC24-0109 «OWNER» «MAILING ADDRESS» «CITY STATE»«ZIP» You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT PLT Concrete &Construction LOCATION 8320 Davis Blvd REQUEST Public hearing and consideration of a request from PLT Concrete&Construction for a zoning change from AG (Agricultural) to 0-1 (Office) at 8320 Davis Blvd, being 3.93 acres described as Tract 7A4, Stephen Richardson Survey,Abstract 1266. DESCRIPTION Proposed zoning change for future development meeting the standards of the 0- 1 Office zoning district. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, September 5, 2024 City Council 7:00 PM Monday, September 23, 2024 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Departmentfor additional information. Letters must be received bythe close of the City Council public hearing. Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP A Q% '156 RNOA LE ........ �n n. i %� � y ri ,�✓4;ILIA n : I r n fr ; h r� 0 Planning and Inspections Department 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC24-0109 ARMSTRONG,RANDALA 8808 THORNDALE CT NORTH RICHLAND HILLS TX 76182 CARMICHAEL,ERIC 8333 THORNHILL DR NORTH RICHLAND HILLS TX 76182 CATO,KINCH H 8353 THORNHILL DR NORTH RICHLAND HILLS TX 76182 CLARK,DAVID 6809 BAKER BLVD FORT WORTH TX 76118 CUNNINGHAM,TOMMY 8321 DAVIS BLVD NORTH RICHLAND HILLS TX 76182 DANNY AND TAMARA ROBERTS TRUST 8808 THORNBRIDGE DR NORTH RICHLAND HILLS TX 76180 GAVIN&GRAYSON FAMILY TRUST 2404 GARDEN PARK CT ARLINGTON TX 76013 GLENN,RODNEY 8804THORNBRIDGE DR NORTH RICHLAND HILLS TX 76182 GRAY,KATHERINE 8337 THORNHILL DR NORTH RICHLAND HILLS TX 76182 JOHNSON,RUSSELL E 8305 FOREST GLEN NORTH RICHLAND HILLS TX 76182 L&RJ SNOWBIRD PROPERTIES LLC 8301 DAVIS BLVD NORTH RICHLAND HILLS TX 76182 L C T PROPERTIES PO BOX 161639 FORT WORTH TX 76161 LOFTON,JOSHUA 8800 THORNBRIDGE DR NORTH RICHLAND HILLS TX 76182 MCCANDLESS,MARK WAYNE 8800 THORNDALE CT NORTH RICHLAND HILLS TX 76182 ROACH,BRITTANY M 8609 TIMBER DR NORTH RICHLAND HILLS TX 76012 ROBATEAU,LAWRENCE 8349 THORNHILL DR NORTH RICHLAND HILLS TX 76182 SHACKELFORD,STELIOS 8801 THORNDALE CT NORTH RICHLAND HILLS TX 76182 THE HOWARD AND WANDA GEE REVOCABLE LIVING TRUST 8805 THORNDALE CT NORTH RICHLAND HILLS TX 76182 TUBB,L C PO BOX 161609 FORT WORTH TX 76161 ZAGLOOL,PHILIP M 8804THORNDALE CT NORTH RICHLAND HILLS TX 76182 rN N-I O ...,. O m N N , , ,, , , 0 m O � in v m '00 0 0 0 m oo m -...00... +, AVMNUGHl 0 00 ° 1SMONHOHl i a „ �..... 1 0 Ln - m OLOr 0 O co N O O N W Goco 00 00 W Ln .. . . . m 0 (�� m N N 0 co co co cc co 00 00 00 00 0 0 ............. ....... ..„ ............ ... N IIIHNHOHI .... . . ... . . ... . ... .. . . . . . . .. . . ... . .. . ..... . . ... . . . w J a Ln 0 0o m 0' o ti m rn co 00 � co co co Ln o 0cq x11 . ..�...........�. ..._ 0 0 0 ....., co oco 0 0 m Go 0 00 0 0 Z ococo A., co o co co �� 00 co rn 0 0 m 0 0 m S��bO m m rn O N Om0 m N m m C0 m W G7 o N _ np 0o � ~ cTv > a`ni -top m c �5 a 00 a 2 o cv � i i � bA U1 Q _ O @ OO O �o @ i O U O O O p C � O U1 C @ N O N O O O l() 00 o p o W �a o w �— � O 0 ,_�,.,1.0., a, CA L > a c // 2, / ' /%/ s IAI f� r i 11 I S I � l AVMNHOHl 1S3NONHOHl v1' d 'nlHNHOHl o ` r w f; 2 m I y O l »J�l ORDINANCE NO. 3868 ZONING CASE ZC24-0109 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING 3.93 ACRES OF LAND LOCATED AT 8320 DAVIS BOULEVARD FROM AG (AGRICULTURAL) TO 0-1 (OFFICE); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 3.93 acres of land located at 8320 Davis Boulevard(the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to 0-1 (Office); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 5, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 23, 2024, with respect to the zoning change described herein; and Ordinance No. 3868 ZC24-0109 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from AG (Agricultural) to 0-1 (Office) 3.93 acres of property described as a portion of Tract 7A4, Stephen Richardson Survey, Abstract 1266, commonly referred to as 8320 Davis Boulevard, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. SECTION 2: That the official zoning map of the City of North Richland Hills is amended and the Managing Director of Development Services is directed to revise the official zoning map to reflect the approved 0-1 (Office) zoning, as set forth above. SECTION 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. SECTION 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment Ordinance No. 3868 ZC24-0109 Page 2 of 4 or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. SECTION 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as required by law, if applicable. SECTION 10: This ordinance shall be in full force and effect upon publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of September, 2024. CITY OF NORTH RICHLAND HILLS By: Jack McCarty, Mayor Ordinance No. 3868 ZC24-0109 Page 3 of 4 ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Bradley A. Anderle, City Attorney APPROVED AS TO CONTENT: Clayton Comstock Managing Director of Development Services Ordinance No. 3868 ZC24-0109 Page 4 of 4 Exhibit A— Property Description —Ordinance No. 3868— Page 1 of 2 Zoning Case ZC24-0109 Tract 7A4,Stephen Richardson Survey,Abstract 1266 8320 Davis Boulevard, North Richland Hills,Texas BEING all that certain lot, tract or parcel of land situated in the Stephen Richardson Survey, Abstract Number 1266, City of North Richland Hills, Tarrant County, Texas, and being all of that certain called 3340.16 square feet tract of land described in deed in favor of L.C.T. Properties recorded in Volume 10075, Page 890 (Instrument Number D190174808) of the Official Public Records of Tarrant County, Texas, and being part of that certain called 4.0 acre tract of land described in deed in favor of L.C.T. Properties recorded in Volume 11691, Page 1668 (Instrument Number D194185190) of the Official Public Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a '/-inch rebar found at the southeast corner of said 4.0 acre tract, being the southwest corner of Lot 9, Block 4 of Thornbridge Phase I, an addition the City of North Richland Hills,Tarrant County, Texas, according to the Amended Final Plat thereof recorded in Cabinet A, Slide 373 (Instrument Number D190044023) of the Map Records of Tarrant County, Texas, and being on the north line of that certain called 1.1497 acre tract of land described in deed in favor of Joyce Greer Hartman recorded in Instrument Number D211222434 of the Official Public Records of Tarrant County, Texas; THENCE North 87 degrees 10 minutes 30 seconds West, 496.19 feet with the south line of said 4.0 acre tract and the north line of said 1.1497 acre tract, passing the northwest corner thereof, being the northeast corner of that certain called 30.4 acre tract of land described in deed in favor of J. A. Holder and wife, Ethel Holder recorded in Volume 2287, Page 91 of the Deed Records of Tarrant County, Texas, and being the northeast corner of Lot 3 of Holder Smithfield Estates, an addition Tarrant County, Texas, according to the plat thereof recorded in Volume 388-34, Page 57 of the Map Records of Tarrant County, Texas, continuing with the north line of said 30.4 acre tract and the north line of Lots 3, 2 and 1 of said Holder Smithfield Estates to a '/2-inch capped rebar set (McADAMS) on the east line of Davis Boulevard (F.M. 1938 called 120-foot right-of-way) at the southwest corner of said 4.0 acre tract, being northwest corner of said Lot 1, and being the southeast corner of that certain called 1.876 acre tract of land described in deed in favor of Tarrant County recorded in Volume 3012, Page 373 of the Deed Records of Tarrant County, Texas, and being the northeast corner of that certain called 1.065 acre tract of land described in deed in favor of Tarrant County recorded in Volume 3014, Page 317 of the Deed Records of Tarrant County, Texas; THENCE with west line of said 4.0 acre tract and the east line of said Davis Boulevard and the east line of said 1.876 acre tract, with the arc of a curve to the left having a radius of 1969.9 feet, a central angle of 00 degrees 43 minutes 38 seconds and an arc length of 25.00 feet whose chord bears North 30 degrees 14 minutes 19 seconds East, 25.00 feet to a '/Z-inch capped rebar set(McADAMS) at a point of tangency; THENCE North 29 degrees 52 minutes 30 seconds East, 212.04 feet continuing with the west line of said 4.0 acre tract and east line of said Davis Boulevard and the east line of said 1.876 acre tract to a Texas Department of Transportation (TXDOT) concrete monument with brass disc found at the southwest corner of that certain called 0.066 acre tract of land described in deed in favor of the State of Texas, recorded in Volume 11691, Page 1675 (Instrument Number D194185191) of the Official Public Records of Tarrant County, Texas; THENCE South 60 degrees 09 minutes 40 seconds East, 11.34 continuing with the east line of said Davis Boulevard and the south line of said 0.066 acre tract to a TXDOT concrete monument with brass disc found at the southeast corner thereof; THENCE North 29 degrees 49 minutes 00 seconds East, 250.02 feet continuing with the east line of said Davis Boulevard and the east line of said 0.066 acre tract to a TXDOT concrete monument (brass disc missing)found at the northeast corner thereof; THENCE North 15 degrees 03 minutes 00 seconds East, 15.69 feet continuing with the east line of said Davis Boulevard and the north line of said 0.066 acre tract to a TXDOT concrete monument (brass disc Exhibit A— Property Description —Ordinance No. 3868— Page 2 of 2 Zoning Case ZC24-0109 Tract 7A4,Stephen Richardson Survey,Abstract 1266 8320 Davis Boulevard, North Richland Hills,Texas missing) found at the northwest corner thereof, and being on the west line of said 4.0 acre tract and the east line of said 1.876 acre tract; THENCE North 29 degrees 52 minutes 30 seconds East, continuing with the west line of said 4.0 acre tract and the east line of said Davis Boulevard and the east line of said 1.876 acre tract, passing at 71 feet the northeast corner of said 4.0 acre tract and the southwest corner of the aforementioned 3340.16 square feet tract, continuing with the west line thereof a total distance of 125.18 feet to a '/2-inch capped rebar set (McADAMS) at the north corner of said 3340.16 square feet tract, being the southwest corner of Lot 1, Block 4 of the aforementioned Thornbridge Phase I, from which a 5/8-inch capped rebar found (KHA) at the northwest corner of Lot 2R3R1, Block 1 of Davis-North Tarrant Parkway Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D219243179 of the Official Public Records of Tarrant County, Texas, bears North 29 degrees 52 minutes 30 seconds East, 1621.9 feet; THENCE South 65 degrees 40 minutes 45 seconds East, 123.93 feet with the north line of said 3340.16 square feet tract and the south line of said Lot 1, Block 4, to a fence corner post in concrete on the east corner of said 3340.16 square feet tract and the southeast corner of said Lot 1, Block 4, being the westerly southwest corner of Lot 2, Block 4 of said Thornbridge Phase I, and being the northwest corner of that certain called 3340.16 acre tract of land described in deed to Sandlin & Barfield Joint Venture recorded in Volume 10021, Page 589 (D190140512) of the Official Public Records of Tarrant County, Texas; THENCE South 21 degrees 48 minutes 00 seconds East, 148.42 feet with the west line of said Sandlin & Barfield tract and the southwesterly line of said Lot 2, Block 4, to a 5/8-inch rebar found at the south corner of said Sandlin&Barfield tract and the southerly southwest corner of said Lot 2, Block 4, being the northwest corner of Lot 7, Block 4 of said Thornbridge Phase I, and being on the east line of said 4.0 acre tract; THENCE South 02 degrees 34 minutes 25 seconds East, 376.43 feet with the east line of said 4.0 acre tract and the west line of Lots 7, 8 and 9, Block 4 Of said Thornbridge Phase I to the POINT OF BEGINNING and containing approximately 3.930 acres of land. PUBLIC INPUT From: Rodney Glenn To: Planning Cc: Barb Hancock Subject: NRH Public Hearing Case-ZC24-0109-8320 Davis Blvd Date: Tuesday,August 27,2024 9:08:51 AM Our residence is located at 8804 Thornbridge Dr. which backs up the proposed construction site. We plan on attending the commission meeting on Sept 5th but were wondering if there were any more details on what the office complex will look like? For example any architectural renderings of the site. Thanks very much. Rodney Glenn PUBLIC INPUT From: M R To: Planning cc: subject: RE:Proposed Zoning Change at 8320 Davis Blvd Date: Sunday,August 25,2024 10:21:41 PM Thank you for the notification.My wife and I have some questions below concerning the proposed zoning change. • Does the applicant intend to share the planned development at the P&Z meeting scheduled for 9/5? • Assuming the zoning change is approved,can the applicant alter their plan from single story offices to a multi-story office building like that at 9151 Blvd 26 Suite 150,North Richland Hills,TX 76180(assuming in compliance with the 1:1.5 height requirement)? • Between the subject property and our property,there is—220ft barbed wire fencing(potentially more for adjacent residential properties).I believe this is only allowed for livestock fencing per Sec.118-875.Considering this zoning change to convert the subject property away from AG,which could reasonably contain livestock,would the applicant be responsible for removing the barbed wire fence when building the 6-foot minimum masonry wall? • Is it reasonable to assume that the permitting process would ensure no adverse impact to surrounding properties in the context of water drainage/runoff? • Does the masonry wall have to be 100%stone/brick/etc.or can it have wood paneling components such as that at the corner of Amundson Drive and Precinct Line Road(picture attached)? Thankyou, Sincerely, Matthew Roach Brittany Roach PUBLIC INPUT From:Austen Stevens Sent: Saturday, September 14, 2024 11:02 PM To: Clayton Comstock Subject: Re: Zoning change Thanks Clayton. This fits with Vision 2030 and I think our neighbors will be in favor. Appreciate your work on this. Austen ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... From: Clayton Comstock Sent: Friday, September 13, 2024 5:39:39 PM To:Austen Stevens Subject: RE: Zoning change Good afternoon, Mr. Stevens— The item will go before City Council on Monday, September 23 at 7:OOPM. You can watch the video from the September 5 Planning&Zoning Commission online here: https://nrhtx.Legistar.com/LegistationDetaiL.aspx?ID=6847293&GUID=FE9099E5-C9CD-4999- B91 E-DF80978EA769&Options=&Search=# Thank you and take care, Clayton Comstock,AIC , C -A Managing Director of Development Services City of North Richland Hills (817)427-6301 From:Austen Stevens Sent: Friday, September 13, 2024 4:57 PM To: Clayton Comstock Subject: Zoning change Hey Clayton, What type of office is planned here? I'm in Thornbridge and fought the apartment building last go around. But small offices should be fine. Austen PUBLIC INPUT From: Wilma Zaalool To: Planning Subject: Zoning change question. Date: Monday,August 26,2024 1:59:19 PM Good afternoon,could you please explain what 0-1 (Office)is,specifically as it relates to the site located at 8320 Davis Blvd.?I understand the change from Agricultural to Office,however,was curious as to specifics,for example height of structure etc. Single story,or taller. We received the Public Hearing Notice letter as we live within 200 feet of proposed structure. Thank you in advance, Wilma F.Zaglool MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2024 C.2 ZC24-0109 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM PLT CONCRETE & CONSTRUCTION FOR A ZONING CHANGE FROM AG (AGRICULTURAL) TO 0-1 (OFFICE) AT 8320 DAVIS BLVD, BEING 3.93 ACRES DESCRIBED AS TRACT 7A4, STEPHEN RICHARDSON SURVEY, ABSTRACT 1266. APPROVED Chair Welborn introduced the item, opened the public hearing, and called for Managing Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called the applicant to present the request. Samuel Tully, PLT Enterprises, 3311 Inverness Drive, Trophy Club, Texas, came forward to present the request. He discussed the location and potential site layout, building design, timeline for development, and recent projects completed by the company. Chair Welborn, Vice Chair Stamps, and the applicant discussed proposed building setbacks in relation to the adjacent residential properties. Chair Welborn, Commissioner Narayana, and the applicant discussed status of the proposed site layout and that it has not been submitted for review or permitting. Chair Welborn and the applicant discussed phasing of development and types of tenants in other projects developed by the applicant. Commissioner Ross and the applicant discussed the types of medical offices and services intended for the site. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. September 05, 2024 Planning and Zoning Commission Meeting Minutes Page 1 of 3 Comissioner McMahon, Commissioner Narayana, and Mr. Comstock discussed the building heights in relation to setback requirements. Comissioner Narayana and Mr. Comstock discussed the allowable uses in office zoning district. Chair Welborn and Mr. Comstock discussed outdoor storage in relation to office zoning district. Mr. Comstock stated outdoor storage is not permitted in the district. Commissioner Narayana and Mr. Comstock discussed the permitted uses allowed by right within the office zoning district. Comissioner Goetz and Mr. Comstock discussed the status of the zoning change if the property were sold in the future. Chair Welborn and Mr. Comstock discussed the intent of the agricultural zoning district as a placeholder until future development occurs. Commissioner McMahon and Mr. Comstock discussed maximum building heights in relation to adjacent residential lots. Chair Welborn called for anyone wishing to speak for or against the request to come forward. Mark McCandless, 8800 Thorndale Court, North Richland Hills, Texas, stated he was encouraged by the proposal and spoke regarding screening fences and utilities. Randall Armstrong, 8808 Thorndale Court, North Richland Hills, Texas, spoke regarding parking, buffer areas, and utilities. Brittany Roach, 8609 Timber Drive, North Richland Hills, Texas, spoke regarding drainage, parking, and screening fences. Rodney Glen, 8804 Thornbridge Drive, North Richland Hills, Texas, spoke regarding screening fences. Jim Beck, 8805 Thornway Drive, North Richland Hills, Texas, spoke regarding screening fences. September 05, 2024 Planning and Zoning Commission Meeting Minutes Page 2 of 3 Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Welborn closed the public hearing. Chair Welborn and Mr. Comstock discussed requirements for landscape setbacks, buffer yards, outdoor lighting, and parking. Vice Chair Stamps and Mr. Comstock discussed the approval process for site plans in the office zoning district. Commissioner McMahon and Mr. Comstock discussed fencing requirements for the site. Commissioner Narayana and Mr. Comstock discussed architectural design standards and building design that applies to the office zoning district. Commissioner Ross discussed alternative uses that could have been requested but that offices may be the best use of the property. A MOTION WAS MADE BY VICE CHAIR STAMPS, SECONDED BY COMMISSIONER GOETZ TO APPROVE ZC24-0109. MOTION TO APPROVE CARRIED 7-0. September 05, 2024 Planning and Zoning Commission Meeting Minutes Page 3 of 3 r4R� NOKT"H KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2024 SUBJECT: Approve award of RFP No. 24-028 to CGC Contractors, Inc. for construction of the Nitro Blast Construction Project at NRH2O Family Water Park in the amount of $3,096,771 and authorize the City Manager to execute the associated construction agreement. PRESENTER: Adrien Pekurney, Parks and Recreation Director SUMMARY: This item serves to award a construction contract to CGC Contractors, Inc. for RFP No. 24-028 for the construction of the Nitro Blast attraction at NRH2O Family Water Park. GENERAL DESCRIPTION: NRH2O Family Water Park is owned and operated by the city as an enterprise fund, supported by operating revenues generated by the park. NRH2O opened in 1995 and will celebrate it's 30t" season in 2025. The adopted budget for FY2022-2023 NRH2O Family Waterpark Capital Improvement Program included funding for the replacement of the Green Extreme attraction with the purchase and construction of the new "Nitro Blast" water-coaster attraction. The Nitro Blast was purchased from ProSlide Technology Inc., and the materials were delivered to the NRH2O site in March 2024. Due to considerably higher than projected construction costs and time constraints to complete the project in 2024, the project was delayed until 2025. Site work and demolition moved forward with Garrett Demolition completing the demolition of the existing attraction in May 2024 and the RFP was redeveloped to provide additional clarity within the comprehensive scope of the project. The scope of this RFP included paving, structural, mechanical, electrical, and plumbing improvements necessary for the installation of the Nitro Blast fiberglass waterslide and ride controls to be completed by ProSlide Technology Inc. in March 2025. On July 5, 2024, a request for competitive sealed proposals was issued to Public Purchase. Notifications were sent through Public Purchase based on the project's classification codes, and individual invitations were sent to 14 local qualified contractors. On August 13, 2024, proposals were received from the following three contractors, all of whom visited the site to inspect current conditions. r4R� NOKT"H KICHLAND HILLS Base Price Add Alternate 1 Total CGC General Contractors Inc. $3,089,091 $7,680 $3,096,771 LJ Design and Construction LLC $4,630,989 $275,399 $4,906,388 The Fain Group Inc. $4,355,500 $231,000 $4,586,500 The selection criteria for the RFP included the proposer's qualifications, previously completed projects for the city, and price. Based on an evaluation of the selection criteria, the five-member committee recommends awarding a contract to CGC General Contractors Inc. CGC recently completed the Beachside Bay Cabana Project at NRH2O, demonstrating excellent workmanship, communication, and timeliness and they have proven capable of mobilizing and completing the NitroBlast project on time and within budget. In summary, their proposal offers the best value to the city. RECOMMENDATION: Approve award of RFP No. 24-028 to CGC General Contractors, Inc. for the construction of the Nitro Blast Construction Project at NRH2O Family Water Park in the amount of $3,096,771 and authorize the City Manager to execute the associated construction agreement. CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT is made and entered by and between CGC General Contractor's Inc., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, 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: i I. The parties agree that the contract documents shall consist of the following: 1. This signed Construction Agreement; 2. General Conditions of RFP#24-028; 3. Project Information of RFP#24-028; 4. Project Conditions of RFP 424-028; 5. Contractor's Competitive Sealed Proposal Form - Base Bid/Proposal and Add Alternate Bid/Proposal I; 6. The following listed and numbered addenda: 1, 2, 3; 7. Contractor's 1295 Form; 8. Insurance Certificate(s) 9. Payment Bond; 10. Performance Bond; 11. Maintenance Bond; 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 H. The 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 NRH2O Family Water Park Nitro Blast Construction, RFP 924-028. TIME OF COMMENCEMENT; COMPLETION III. The Contractor shall commence work within ten (10) calendar days after receiving from the City a Notice to Proceed. The contractor agrees that all work hereunder shall be complete within 195 calendar days from Notice to Proceed which will be the date of Substantial Completion. Construction Agreement(Parks and Recreation),Page 1 of 3 CA-CONTRACT NO PAR0003_20201120 Initial Here 1, CONTRACT SUM IV. 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 THREE MILLION, NINETY-SIX THOUSAND, SEVEN- HUNDERED, SEVENTY-ONE DOLLARS ($3,096,771.00). This sum includes the Base Bid/Proposal and Add Alternate Bid/Proposal 1, as described in the Contractor's Competitive Sealed Proposal Form. 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 laws 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 VI. 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 RFP #24-028, 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 the 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 the 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 the 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 VIII. This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. Construction Agreement(Parks and Recreation),Page 2 of 3 CA-CONTRACT NO.PAR0003 20201120 Initial Herd IN WITNESS WHEREOF, the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS CGC General Contractors,Inc. BY: BY: .. w City Manager � DATE:.. ww....._._.............._ TITLE: "11 ` DATE: �" ATTEST: ATTEST. w � .. ,� ,.... IC Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action Y/N Date Approved__,._._..___ Agenda No. Ord /Res No. _......_.._................_..._. Car. y Cara Leah White, Interim City Attorney A' ce Constructionerwa*t�t��(Parks and Recreation),Page 3 of 3 CA-CONTRACT NO.PAR0003 20201120 Initial Here GENERAL CONDITIONS In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail. 1. BID TIME It shall be the responsibility of each Bidder to ensure his/her bid are submitted to the Public Purchase website on or before 2:00 P.M. Tuesday, July 30, 2024. The official time shall be determined by the Public Purchase Website. The Public Purchase Website will NOT allow bid responses to be uploaded after the closing time. All attached bid documents are to be returned completely filled out, totaled, and signed. The City of North Richland Hills will not accept any bid documents other than the attached. 2. WITHDRAWING BIDS/PROPOSALS/QUOTES Bids may be withdrawn at any time prior to the official opening; request for non- consideration of bids must be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his/her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids. 3. IRREGULAR BIDS/PROPOSALS/QUOTES Bids will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However,the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City. 4.. REJECTION/DISQUALIFICATION Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub-contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; e) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; f) Lack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires, or qualification statement; g) Bid containing special conditions, clauses, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. 4 However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. 5. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and/or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price; terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; f) Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, General Conditions and Specifications; i) Results of testing, if required; j) Warranty and/or guarantee, maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty (60)days after the opening of bids.No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 9. DELIVERY/ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All 5 material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause, the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal" product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 6 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City (CMA-074, Standards of Conduct, Section IV). 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder,and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days' notice prior to cancellation without cause. 17. 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 attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement,and including all expenses of litigation,court costs,and attorney's fees for injury or death to any person,or injury to any property,received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly,the performance of Contractor under this agreement,including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law.The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death,or damage,unmixed with the legal fault of another person or entity.Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of 7 City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit,including self-insurance. 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100)percent of the total contract price; if the total contract amount exceeds$50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100) percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney: 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. XYes, we agree [ ] No, we do not agree 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code, vendor has not and shall not boycott Israel at any time while providing products or services to the City of North Richland Hills. 1 ] Yes, we agree [ ] No, we do not agree 8 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 85th Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code, vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of North Richland Hills. t ] Yes, we agree [ ] No, we do not agree * By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not subject to the contract prohibition under Section 2252.154 of the Texas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment-The City of North Richland Hills' Internal Ethics and Compliance Policy has been made available to me. I understand the expectations of ethical behavior and compliance with the law, and agree to adhere to the City's ethics policies. lltt s://w'ww,nrhtx.coin/l)ocumentCenter/View/389/Code-of-Ethics---PDF?bidld I agree [ ] I do not agree 25. COMPLIANCE WITH CHAPTER 2274 Pursuant to Chapter 2274, Texas Government Code, Prohibition on Contracts with Companies Boycotting Certain Energy Companies, as enacted by S.B. 13, 87th Legislature, the City of North Richland Hills is prohibited from using public funds to contract with a for- profit Company as defined by Government Code 809.01 who boycotts energy companies. If Seller has more than 10 employees and this Contract has a value of$100,000 or more, by signing this agreement/contract, the Seller verifies that it does not discriminate against energy companies and will not discriminate during the term of the Contract. By submitting a bid response, Seller certifies compliance with these requirements. 26. COMPLIANCE WITH CHAPTER 2274 Pursuant to Chapter 2274, Texas Government Code, Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries, as enacted by S.B. 19, 87th Legislature, the City of North Richland Hills is prohibited from using public funds to contract with a for-profit Company as defined by Chapter 2274.001, who discriminates against firearm and ammunition industries. If Seller has at least 10 full-time employees and this Contract has a value of $100,000 or more, by signing this agreement/contract, the Seller agrees that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the Agreement. By submitting a bid response, Seller certifies compliance with these requirements. This section does not apply if Seller is a sole-source provider. 9 27. DEPARTMENT OF TRANSPORTATION(TXDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated 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 presented herein shall rest solely with the bidder. The City of North Richland Hills and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. 10 PROJECT INFORMATION NRH20 NITRO BLAST CONSTRUCTION Introduction: The City of North Richland Hills is accepting competitive sealed proposals from General Contractors who are interested and qualified to complete the demolition, grading, foundations, structural modifications, pump-room improvements, landscaping, irrigation, and electrical improvements necessary to prepare the site for installation of a new water-coaster attraction that has previously been purchased by the city and will be installed by ProSlide Technologies, Inc. in March,2025. See"Project Scope" and "Exclusions" for a more detailed summary of the project scope. Bid/Proposal Documents: • Construction Documents - "NRH20 Slide Replacement—Aquatic Design Group" Project Scope: • Demolition and Removal - The contractor will be responsible for demolishing, removing and disposing of catch pool, catch basins, bollards, paving, trees, concrete piers, and all associated piping, filtration and pumps as noted on the demolition plans. • Site Grading - The contractor will be responsible for performing all preliminary and final site grading. The final site grading will be performed after work is completed by the slide manufacturer which is ProSlide and is expected to occur in April 2024. • Foundations for tower and slide support columns - The contractor is responsible for all below-grade foundation work associated with supporting the tower and slide support columns. Included is drilling piers where applicable, providing spread footings where applicable, providing all reinforcement and concrete, and placing anchor bolts provided by the slide manufacturer. • Slide support column modifications and bracing-The contractor is responsible for removing remaining mounting brackets and support arms from existing columns (Cl, C2, C3, C4, C5). The contractor is also responsible for making modifications to existing steel columns and for the fabrication and installation of bracing anchorage stemming from piers BPI, BP2, BP3, and B P4. • Slide Mechanical-The original catch pool for the existing slide will be demolished as the new slide will utilize a ProSplash "runout" that sits atop a concrete slab. The contractor will be responsible for installing all required slide mechanical, motors, valves, piping, filters, and fittings as shown on the plans. • Landscape and Irrigation -The contractor will be responsible for all irrigation and associated landscape work per the contract documents.This will be performed after the final grading phase and all other work is essentially complete. 31 +► Electrical - The contractor will be responsible for all electrical improvements associated with this project in accordance with the plans and specifications. Exclusions: (These services are excluded from the proposal scope, and have already been purchased by the city from ProSlide Technology Inc.) • Supply and installation of fiberglass waterslides • Supply and installation of steel columns not noted to be modified or installed in the slide foundation plans. • Supply and installation all above-grade support systems for the waterslides and service platforms. • Supply and installation of all anchor bolts for pier connections to start towers,to be installed by the contractor. • Supply and of CCTV hardware such as cameras, network video recorder, monitors, connectors and crimping tools (to be installed by contractor). • ProSlide Technology Inc. will provide installation advisory service for the project when requested and will certify the slides prior to use by the general public. Bid Security: An electronic picture of the Bid Security must accompany each proposal. The Bid Security shall be a certified check or cashier's check drawn on a State or National Bank of the State of Texas, or a Bid Bond from an acceptable surety company. The Bid Bond shall be executed by a surety company acceptable to and approved by the Owner, and authorized to do business in the State of Texas. The Bid Security shall be in the amount of at least five percent(5%)of the greatest amount bid. The amount of the Bid Security shall be considered liquidated damages for losses which the Owner will sustain by failure, neglect or refusal of the bidder to execute and deliver the Contract and required Surety Bonds to the Owner as required. These liquidated damages are not considered to be a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, since it is impractical and extremely difficult to fix actual damages resulting from the failure, neglect or refusal of the bidder to execute and deliver the Contract and required Surety Bonds. If the bidder defaults in executing the Contract within then (1 Q) days after written notification from the Owner of the award of the Contract to him, or in furnishing required Surety Bonds after notification of the Owner's intent to award the Contract to him, then the Bid Security shall be forfeited to the Owner. 32 PROJECT CONDITIONS 1. OWNER AND CONTRACTOR The Owner and Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout 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 Owner's 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; general 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, and General Conditions of Agreement. 3. SUB-CONTRACTOR The term 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 permits 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, storm 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, insurance, and all water, fuel, transportation and other facilities necessary for the execution and 33 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 G702 for approval. Continuation sheets shall be submitted on AIA Form G703. 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 form prior to the project's final acceptance and payment of the retained earnings. 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 34 necessary assistants. The 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 to employ 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 expenses of removing, re-examination and replacement shall be borne 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 use, 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. 14 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 35 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 City of 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. 16. 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. 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 36 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 borne by the Contractor at his own cost and expense. 20. 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. WAGE RATES The successful contractor shall be required to comply with Chapter 2258 of the Government Code with respect to the payment of prevailing wage rates. Chapter 2258 states contractors and subcontractors shall not pay less than the prevailing wage rate to all laborers, workmen, and mechanics employed by them in the execution of the contract. Contractors should familiarize themselves with the entire provision of this law and the penalties provided for its violation before submitting their bids. No portion of this provision shall be construed to prohibit the payment of more than the stated wage rate to any laborer, workman or mechanic employed on the project. It shall be the responsibility of the Contractor to maintain an adequate work force whether higher wages are required or not. The State of Texas has adopted the Federal Davis-Bacon wage rates for the use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. The U.S. Department of Labor web site may be accessed at www.accessgyrio.ggy. to obtain the appropriate wage rates to be used in Tarrant County, Texas. It shall be the responsibility of the successful contractor to obtain the proper wage rates for Tarrant County for the type of work defined in the bid specifications. 37 The City will audit the contractor and all sub-contractors employed by contractor to ensure they are paying the prevailing wage rate weekly. Contractor and ail sub-contractors must submit certified payrolls on a weekly basis per the Contractor's Application that must be filed prior to bidding. In the event an audit is performed, the contractor shall be required to supply a certified copy of the records showing the prevailing wage rates have been met. 23. 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 will start the several parts of the work, and estimated dates of completion of the several parts. 24. 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 be sufficient to compensate for the delay. 25. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE WORK ON TIME The Contractor agrees that, from the compensation otherwise to be paid, The Owner may retain the sum of One Thousand Dollars ($1,000) 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 diem,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 a penalty. 26. 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. 27. USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. The Contractor shall notify the Project Manager when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Project Manager, the Contractor shall furnish to the Project Manager in writing a detailed list of unfinished work. 38 The Project Manager will review the Contractor's list of unfinished work and will add thereto such items as the contractor has failed to include. The"substantial completion"of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure of facility in accordance with the contract documents. 28. 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 Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 29. 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 be served on the Contractor. After receiving the notice of abandonment,the Contractor shall not remove any materials or supplies from the job site. 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 under the performance bond, from the surety on the bond. 39 COMPETITIVE SEALED PROPOSAL FORM NRH20 FAMILY WATER PARK NITRO BLAST CONSTRUCTION Date: 08/06/2024 Bidder: CGC General Contractors, INC. City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas, 76180 RFP#24-028 The undersigned, understands that this form is a Competitive Sealed Proposal and that the selection of the Contractor will be based on the best value to the City,per section 5 of the General Conditions.Also, having examined the Documents, comprising the General Conditions, Project Conditions, Project Information, Drawings, and Specifications, being sufficiently familiar with the site of the proposed Work, and being familiar with the conditions of this Contract, hereby proposes to furnish all labor, materials, equipment and services, in accordance with all Contract Documents, necessary to complete the project: A. BASE BID/PROPOSAL (TAX EXEMPT): Cost of labor, materials and equipment required to construct the Green Extreme Replacement-Construction Project in accordance with the listed Bid Documents and Project Scope. Three Million Eighty Nine Thousand and Ninety One DOLLARS NOTE: Bid amounts shall be shown in words and numbers. In case of ambiguity or conflict,the amount shown in words shall prevail.This is a lump sum bid.The below price breakdown listed is for evaluation purposes only. Mobilization $ 0 Site Preparation/Demolition $ 18 000.00 ............. Site Grading $. 42 500.00 Storm Drain Improvements $ Included in Concrete Line Item Modifications to Slide Tower/Rescue Tower/Columns C 1-05 $ 606 670.00 Concrete Flatwork and Foundations $ 155.580.00 _wwwww_wwwww_........... Site Plumbing $ 1,603,933,00 Pump Room Electrical $_, i0_EL ents Line Item Pump Room Plumbing $ Included in Site Plumbing Line Item Pump Room Roofing $, 54 075,00 Pump Room Waterproofing $ Included in Pu02g-Eppfing Line Item Electrical Improvements $170,000.00 Landscape/Irrigation $ 34,648.00 40 B. ADD ALTERNATE BID/PROPOSAL I (TAX EXEMPT): Cost of labor, materials and equipment required to construct modify the existing concrete tower to convert existing concrete treads and landing to T-1700 decking, in accordance with Structural Drawings. Seven Thousand Six Hundred Eighty DOLLARS (w ....7.� 80.00 NOTE:Bid amounts shall be shown in words and numbers. In case of ambiguity or conflict,the amount shown in words shall prevail. C. ALLOWANCES: NONE required for this project. D. ADDENDA: Bidder acknowledges receipt of Addenda as follows: No. Date July 24,2024 .. No. ... .M�.., ...._._. Date �-August 2,2024 No. Date August 9,2024 E. SUBCONTRACTORS: The undersigned Bidder has predicated his bid costs on and plans to use the following subcontractors: Note: Owner must approve a change in subcontractors prior to contract execution. Demolition: Demolition Specialties, LP Foundations: Texas Concrete Steel Modifications/Welding: Tin-Man Tower Modifications: Tin-Man Pump Room Mechanical/Plumbing: 3DC Services Electrical: Empire Electric C,ompan�LLC,............ .. Landscape/Irrigation: .. mm g Five in tar Landscaping _w .......... _ .... ...w...�...._..M. ...�,......._..._.www.�w_ . Other: USA Shades Presidio Roofing F. REFERENCES (Minimum of 3): Project Name: .,6rg Ike Fire Lane w_ Name of Owner's Organization _... 9y.!.1ftJ.5,P- .._........... ._............. .m�....._ Description: 1 .r qt onsi tee of th , dd o f .cwew pA(P�Grar�R t, mid frrq Igne o rgyt�trr�,C�Tr�°,tq a School. Company's Responsibilities: „ , do w�The new fire lane addition involved the irate ition a atttor'naticy„barrier gates, 41 vehicle detectors,access control units,and Owner furnish hydrants.Additional improvement included .. erosion control, ement k pav maret s landscaping Irnation and storm raina w _._w. Completion Date: 5/3/2024 Project Owner Contact Name,Phone and e-mail(must be current):Jeffrey Koehn, 817-819-2249, Jeffrey.koehn@argyleisd.com Contract Amount: $1,235,00 uperintendents Noah Fleet _ ...... N S Project Name: Bill Allen Memorial Park �_.__.....�.�.�.�.�.�.._�.�.�..w�.�.�.....�._....��.�.�.�.�.�.......__ ...._....._._....�.�.._ro.......w__......_..................................�_.�..�.��......�.,....�...�_.�.� _ Name of Owner's OrganizationCity of Th e Colony Description: Reconstruction of Bill Allen Memorial Park. Company's Responsibilities:Involved 4,610 sf of site prep/demolition,tree protection,erosion control,addition of 1,740 sf of sidewalks,6,490 sf of synthetic play turf,playground equipment,ADA access,retaining walls,drainage,landscaping&irrigaton. Completion Date: 8/2024 Project Owner Contact Name,Phone and e-mail (must be current): Calvin Lehmann, 972-624-3956 Contract Amount: $197,970 mm__Noah Fleet .............�......------------. _ . ...�.....w_Superintendent: No_.... .�..........__.._.._ ...M._.... Project Name: Emily Fawley Libra�y Renoyation Name of Owner's Organization: . Ciy,of Denton Renovations to Emily Library ' a conference room and three study rooms. Description;y _ mil Fowler Central Libra Include mN... ._„ o w storefront Company's Responsibilities:Scope includes the removal replacement o new t .....�..a............. _..�..e�..w..........e............................_ .� reront ... I of HVAC ductwork, l v.. w_ and glazing, doors,, and hardware,plumbing,uu...g and electrical. Removal a r devices, and exhaust fans and replace with new exhaust fans, ductwork, and devices. 42 Completion Date: 8/1/2024 Project Owner Contact Name, Phone, and e-mail (must be current): Jared Green Contract Amount: Snynrio0oudomt: Noah F|e,et Project Name: GnagQ Interior Renovation Name of Owner's Organization Child Care Associates I)emocipdoo: Site and interior demolition for interior renovation and exterior improvements. Cnooyaoy`n Responsibilities: Interior renovations included but not limited to, metal fabrication, nniUvvork. gypsum assemblies, acoustical ce||inge, doors and hardware, nevv flooring finishes and teller window units, toilet and accessories, fire protection, p|unnbing. HVAC, electrical, fire alarm expanoion, and intrusion detection system. Exterior improvements included pavement markings, decorative fencing, concrete paving, site utilizes, and landscape. Completion Date: 7/1/2824 Project Owner Contact Name, �bnuc uod e-mail (must be current):Joshua .___ 817-301-7109, Joshua.Schmidt@childcareassociates.org Contract Amount: Superintendent: 43 G. UNIT PRICE PROPOSAL: None H PROJECT COMPLETION: The above specified project shall be completed within consecutive calendar days from date of Notice to Proceed,including overtime on weekends, noting allowance for inclement weather and provisions for liquidated damages as provided for in Supplementary Conditions. The undersigned Bidder agrees to pay liquidated damages in the amount of$1,000 per day to Owner for each calendar day of delay until work is substantially completed. This sum is not to be construed in any sense as a penalty. 1. INSURANCE AND BONDS: If the undersigned Bidder is notified within sixty(60) days after Bid opening of the acceptance of this Bid and a contract to be awarded,he agrees to provide within ten(10)calendar days after date of Contract award a current certificate of insurance certifying the required insurance coverage(see attachment `A' for additional requirements). In addition, Bidder agrees to execute the contract for the above mentioned compensations on the standard forms referenced in the Bidding Documents,and if required, further agrees to execute a surety bond for the above work. J. TAXES: The City of North Richland Hills is a tax-exempt entity. Bid amounts as stated above do not include any sales taxes and any other taxes for all labor,materials and appliances. CGC General Contractors, INC. Firm Name _ M " 1,tureorOfficer—Title 3212 Friendly Lane *Seal Street Address (If Bidder is a Corporation) Haltom City TX 76117 ....._._..., _�.... ......_ ._..........----_... . _... city State Zip ( 214 ) 458 -,2088 (Area Code) Telephone Number 44 111*14 it Purchasing CITY OF NORTH RICHLAND HILLS Wednesday,July 24,2024 RFP 24-028 NRH2O NITRO BLAST CONSTRUCTION ADDENDUM ONE: 1) Replace bid documents to remove the word"Draft". 2) Extend the bid deadline to Tuesday,August 6 at 2pm. 3) Extend the deadline for questions to Tuesday, July 30 at 12pm. 4) Add sheet E5.00 "Panel Schedules"to the bid documents. 5) Revise sheet DP-1 "Demolition Plan"of the bid documents for clarity.Highlighted "Remaining Concrete Post/Base" locations and labeled their diameter. THIS ADDENDUM MUST BE SIGNED AND RETURNED WITH VOt1R RFP RESPONSE. Acknowledge receipt of this addendum by inserting this page with your RFB 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 of Company: Authorized Representative: ............ CGC Ge_neral Contractors, Inc. signature:_.�......_._........ ... ........... ._....._.....M_._. 3212 Friendly Lane Haltom City, TX 76117 Name: Rust" yer Title: Vice President Phone: 682-730-6933 Email: austind@cgctexas.com P.O Box 820609 * North Richland Hills. Texas 76182-0609 4301 City Point Drive * (817)427-6150 * Fax(817)427-6165 Purchasing CITY OF NORTH RICHLAND HILLS Friday,August 2,2024 RFP 24-028 NRH2O NITRO BLAST CONSTRUCTION ADDENDUM TWO: 1) Extend the bid deadline to Tuesday, August 13 at 2pm. 2) Extend the deadline for questions to Tuesday, August 6 at 12pm. 3) Add Geotechnical Report to the bid documents. THIS ADDENDUM MUST BE SIGNED AND RETURNED WITH YOUR RFP RESPONSE. Acknowledge receipt of this addendum by inserting this page with your RFB 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 of Company: Authorized Representative: CGC General Contractors Inc. Signature: 3212 Friendly Lane Haltom City, TX 76117 Name: AusttR yer Title: Vice President Phone: 682-730-6933 Email: austind@cgctexas.com P.O Box 820609 * North Richland Hills,Texas 76182-0609 4301 City Point Drive * (817)427-6150 * Fax(817)427-6165 Purchasing CITY OF NORTH RICHLAND HILLS Friday,August 9,2024 RFP 24-028 NRH2O NITRO BLAST CONSTRUCTION ADDENDUM THREE: 1) Add MEP-10001 BLAST MEP Supplement 2) Add MEP-100131 Launch Logic CCTV System 3) Add MEP-100141 Launch Logic Dispatch System THIS ADDENDUM MUST BE SIGNED AND RETURNED WITH YOUR RFP RESPONSE. Acknowledge receipt of this addendum by inserting this page with your RFB 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 of Company: Authorized Representative: .._............., Signature: CGC General Contractors, Inc. Name: Au Li yer 3212 Friendly Ln Title: Vice President Haltom City, TX 76117 Phone: 682-730-6933 Email: austind@cgctexas.com P O Box 820609 * North Richland Hills,Texas 76182-0609 4301 City Point Drive * (817)427-6150 * Fax(817)427-6165 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1194583 CGC General Contractors, Inc. Haltom City,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/31/2024 being filed. North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 24-028 NRH20 Nitro Blast Construction 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary .......................... 5 Check only if there is NO Interested Party. r-X1 6 UNSWORN DECLARATION My name is_.,...Austin Dver and my date of birth is ........... My address is........... 3212 Friendly Lane Haltom Citv TX 76117 USA .......... ...... (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas 6th on the dayof August 2o24 (month) (year) iddCure of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Conirnission www.ethics.state.tx.us Version V4.1.0.48da5lf7' DATE(MM/DD/YYYY) ACC►R" CERTIFICATE OF LIABILITY INSURANCE 02/12/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS 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 OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Therese Iglesias NAME: HCDT Insurance Agency a/cNo Ext: (210)647-0134 ac No): (210)647-0138 2161 N.W.Military Hwy.,#210 E-MAIL therese@hcdtbond.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# San Antonio TX 78213 INSURERA: Continental Casualty Insurance Co INSURED INSURER B: Continental Insurance Company CGC General Contractors,Inc. INSURER C: Texas Mutual Insurance Company 22945 5419 Brewster St. INSURER D: INSURER E: San Antonio TX 78233 INSURER F: COVERAGES CERTIFICATE NUMBER: 23/24 Master REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 TYPE OF INSURANCE ADDL UBR POLICY NUMBER MM/DD YYYYMPOLICY EFF O DD YYYY LIMITS ICY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO_7CLAIMS-MADE �OCCUR PREM SES Ea occur RENTED nce $ 100,000 MED EXP(Anv one person) $ 15,000 A 10/29/2023 10/29/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X PRO 2,000,000 JECT LOC PRODUCTS $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 10/29/2023 10/29/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY H AUTOS ONLY Per.accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 B EXCESS LIAB CLAIMS-MADE 10/29/2023 10/29/2024 AGGREGATE $ 6,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? NIA 10/29/2023 10/29/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Ifyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN "For Bidding Purposes" ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: .AC49R,O� ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED HCDT Insurance Agency CGC General Contractors,Inc. POLICY NUMBER Various CARRIER NAIC CODE Various EFFECTIVE DATE: 10/29/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes Blanket Additional Insured is included on the General Liability policy per endorsement for ongoing and completed operations to any person or organization when required by written contract to provide such status. Blanket Additional Insured in respects to Auto Liability is provided per endorsement to any person or organizatoin when required by written contract to provide such status. Primary and Non-Contributory to an additional insured in respects to General Liability and Auto Liability is included per General Liability endorsement and Auto Liability when required by written contract to provide such status. Blanket Waiver of Subrogation is included on the General Liability,Auto Liability and Workers Compensation policies to any person or organization when required by written contract to provide such status per General Liability endorsement ,Auto Liability and Workers Compensation endorsement Blanket 30 Days Notice of Cancellation is included on the General Liability,Auto Liability and Workers Compensation policies providing advance notice if the policy is cancelled by the company other than for non-payment of premium,or 10 days notice after the policy is cancelled for non-payment of premium. Notice is sent to certificte holders with mailing addresses on file with the agent or the company. This endorsement does not provide for notice of cancellation to the certificate holder if the named insured requests cancellation. Umbrella Follow Form. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos. I-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1194583 CGC General Contractors, Inc, Haltom City,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/31/2024 being filed. North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 24-028 NRH20 Nitro Blast Construction Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary ----- —------------------------- 5 Check only if there is NO Interested Party. nX 6 UNSWORN DECLARATION ,go My name is Austin Dver and my date of birth is My address is 3212 Friendly Lane Haltom Cit TX 76117 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in—------TffWOL..................._-._...,,_County, State of. Texas -,on the 6th day of August 2o24 (month) (year) S 0k6re of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Cornmission www.ethics.state.tx.us Version V4.1.0.48da51f7 k4Ft6 � NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2023 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Live music returns to NRH City Hall Plaza with 2 free concerts this fall. Join us Saturday, Sept. 28 for the Squeezebox Bandits playing a lively mix of Tejano and Country music. Then on Saturday, Oct. 5, the Project 2 band will perform 80s music, plus there will be a video light show by Lightware Labs. Seating begins at 6 p.m. and the concerts start at 7 p.m. Seating is on the lawn, so don't forget your blankets and lawn chairs. You can find more information on the city's website. Join us to celebrate the end of summer at the Doggie Beach Bash on Sunday, Sept. 29 at NRH2O Family Water Park. Admission is $20 per person, including up to two dogs with proceeds benefiting the NRH Animal Adoption & Rescue Center. Tickets can be purchased online or at the gate. If you're looking for amazing discounts on books, check out the Friends of the NRH Library's Book Sale on Saturday, Oct. 5. The event will run from 10 a.m. to 3 p.m. in the Library's Community Room. All proceeds support literacy events and services in the community. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Roman Ruiz and Felisiano Yanes in Public Works — A resident sent a letter of appreciation for the crew that came out to mow and clean the drainage ditch by her home. She shared her concerns about the condition of the ditch at one of the Budget Roadshows and our Public Works staff had the work done within a few days. She really appreciated their responsiveness and the quick turnaround.