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HomeMy WebLinkAboutCC 2026-10-12 Agendas t4RH CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, OCTOBER 12, 2026 WORK SESSION: 5:00 PM Held in the Council Workroom CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Discuss Texas Municipal League (TML) Region 8 Director Election. 3. Sign Ordinance Discussion 4. Discuss Bond Election education information. FUTURE AGENDA ITEM(S) The purpose of this item is to allow the Mayor and Council members an opportunity to bring forward items they wish to discuss at a future work session. In accordance with the Texas Open Meetings Act, any discussion shall be limited to a proposal to place the item on a future agenda. The Council shall not vote, or take any action on the items during this meeting. Monday, October 12, 2026 City Council Agenda Page 1 of 5 EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.071: Consultation with City Attorney to seek advice about pending or contemplated litigation or on a 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 the Open Meetings Act - (1) Jessie Goodfellow v. City of North Richland Hills, et al, Cause No. 352-366545-25; (2) Bank of the West v. G.Q. Enterprises Corp., et al, Cause No. 141-376075-26; (3) Amy Vore v. City of North Richland Hills, Cause No. 2026-008722-3; (4) Housing Finance Corporations; and (5) Correspondence regarding 6401 Wuliger Way. 2. Section 551.072: Deliberate the purchase, exchange, lease or value of real property at (1) 5332 and 5336 Davis Boulevard, (2) 4517 Rufe Snow Drive, and (3) 7656 Boulevard 26. 3. Section 551.074: Personnel Matters to deliberate the appointment, employment, and duties of public officers or employees - Municipal Court Judge. 4. Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public officers or employees - City Secretary/Chief Governance Officer. Monday, October 12, 2026 City Council Agenda Page 2 of 5 5. Section 551.087: Deliberation regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development or deliberation of the offer of a financial or other incentive to such a business prospect at (1) Northeast Corner of Boulevard 26 & Harwood Road, (2) 5332 and 5336 Davis Boulevard, (3) 4517 Rufe Snow Drive, and (4) 7656 Boulevard 26. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER PARKS A.2 PLEDGE - COUNCIL MEMBER PARKS A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 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.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve the minutes of the September 28, 2026 City Council meeting. B.2 Consider authorizing the purchase of six NIRLab portable narcotic identification scanners with a 5-year subscription from 908 Devices, Inc in the amount of $149,700.00 for the North Texas Anti-Gang Center using the Texas Anti-Gang Center Grant#2848911 funding. Monday, October 12, 2026 City Council Agenda Page 3 of 5 B.3 Consider Resolution No. 2026-053, authorizing submission of the application and acceptance of allocated funds if awarded in the amount of $12,671 for the Office of Justice Programs' Bureau of Justice Assistance (BJA) FY 2026 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Formula. BA Consider authorizing the City Manager to execute an agreement for engineering services with Garver, LLC for the Watauga Ground Storage Tank Rehabilitation Project in an amount not to exceed 132 494. B.5 Consider the purchase of a replacement Frazer ambulance from Sterling McCall Ford for Fiscal Year 2027 in the amount of $431,250.90 utilizing H-GAC Contract #AM10-23 and approve Amendment No. 1 to the Cooperative Purchase Customer Agreement. C. PUBLIC HEARINGS C.1 ZC26-0174, Ordinance No. 3980, Public hearing and consideration of a request from Chris Johnson for a zoning change from AG (Agricultural) to R-1 (Single-Family Residential) at 8701 Rumfield Road, being 0.956 acres described as Tract 14D, Stephen Richardson Survey, Abstract 1266. D. PLANNING AND DEVELOPMENT D.1 PLAT26-0119 Consideration of a request from Neel-Schaffer Inc. for a Preliminary plat of Smithfield Terrace, being 7.494 acres located at 6821 Smithfield Road. E. PUBLIC WORKS F. CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not on the agenda for consideration by the City Council. Citizens presentation is limited to items within the City's subject matter jurisdiction and may not discuss items pending before a Board or Commission. 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. G. GENERAL ITEMS Monday, October 12, 2026 City Council Agenda Page 4 of 5 G.1 Consider Resolution No. 2026-054, appointing members to the Youth Advisory Committee for the 2026/2027 Academic Year. G.2 Consider a professional services agreement for the annual Restaurant Rewards Program to Open Rewards, Inc. in an amount not to exceed 104 740. H. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA I. INFORMATION AND REPORTS - MAYOR PRO TEM DEUPREE 1.1 Announcements J. 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 Tuesday, October 6, 2026 by 5:00 PM. Alicia Richardson City Secretary/Chief Governance Officer This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, October 12, 2026 City Council Agenda Page 5 of 5 k4Ft hJOIF LH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Paulette Hartman, City Manager SUMMARY: Provide the City Council with the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow the City Council an opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. The 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. "I"wFt hJOKTH KIC:HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Discuss Texas Municipal League (TML) Region 8 Director Election. PRESENTER: Alicia Richardson, City Secretary/Chief Governance Officer GENERAL DESCRIPTION: The Texas Municipal League has been in existence since 1913 to help city leaders meet the shifting governance landscape. Their purpose statement — Empowering Texas cities to serve their citizens — the League exists to promote legal, legislative, and training services to city governments in Texas. In 1958, the League adopted a constitution creating a regional and affiliate structure for the organization. The League has 15 sub-state regions, whose purpose is to promote interest in municipal government on a regional level; facilitate the exchange of information among cities in the region; and assist the TML Board of Directors in formulating policy that represents the diverse interests of the state. The constitution requires each region to have a president, vice president, secretary and board director. The constitution allows regions to have additional officers (first and second vice president and treasurer). The officers must be elected officials from municipalities within the region. North Richland Hills is located in Region 8: Where the West Begins-Fort Worth Area. Region 8 has five officers which includes president, first and second vice president, secretary/treasurer and a director. While the election of president, vice presidents and secretary/treasurer is handled at the regional level, the director's position election is administered by the League. The city received the official ballot and a brief biography (attached) for each candidate. The League must receive the official ballot by 5.00 p.m. on November 5, 2026. An item will be placed on the October 26, 2026 meeting to take official action. Region 8 Director Name Municipality Mike Browning, Council member Aubrey Mary Sarver, Council member Grandview Region 8 Director Candidate Biographies (printed on both sides) " Mike Browning, Councilmember,Aubrey Mike Browning serves on the Aubrey City Council, where he is passionate about responsible growth, transportation planning, economic development, and regional collaboration. With more than 25 years of executive leadership t, r experience in manufacturing, technology, and entrepreneurship, he brings a practical, results-driven perspective to public service. Aubrey is experiencing firsthand the transformation occurring across North Texas. Rapid population growth brings tremendous opportunity but also difficult t decisions about infrastructure, transportation, public safety, economic development,housing,and the cost of providing services.Browning believes ( . communities can embrace growth while protecting their character, strengthening their financial position, and planning proactively for the " future. He is actively involved in transportation initiatives affecting North Texas, including improvements along US Highway 377 and key farm-to-market corridors, as well as long- range planning for the future East-West Outer Loop.He also participates in regional transportation initiatives and is pursuing his certified municipal official designation through the Texas Municipal League(TML). As founder and CEO of Symbios Additive LLC, he understands firsthand how infrastructure, transportation, workforce development, and a strong business environment influence economic growth and investment. Browning's municipal priorities include practical solutions, regional cooperation, responsible growth, and the preservation of local decision-making. His experience in Aubrey, one of North Texas' rapidly growing communities, has provided him with perspective on the opportunities and challenges associated with municipal growth.Through service with TML Region 8,he seeks to collaborate with municipal leaders,share ideas, address common challenges, and contribute to discussions affecting communities throughout the region. Mary Sarver,Mayor Pro Tem, Grandview(Incumbent) Mary Sarver serves as the mayor pro tem for the City of Grandview, where she has served on the City Council since June 2022. She is actively involved in municipal leadership at the local,regional, state,and national levels,with a strong focus on economic development, collaboration, and advocacy for cities. Since her election, Sarver has actively engaged in a wide array of trainings and conferences hosted by the Texas Municipal League (TML), demonstrating a strong commitment to her professional development and the advancement of municipal governance. Her participation in these events underscores her dedication to staying informed about best practices,emerging trends,and legislative changes affecting local governments. In addition to her personal involvement, Sarver takes a proactive approach in promoting the benefits of TML to her colleagues and elected officials in neighboring cities. She encourages her peers to leverage the extensive resources and networking opportunities provided by TML, recognizing the value these resources bring to effective municipal management and collaboration.Her efforts not only enhance her own capabilities but also foster a broader culture of informed and collaborative leadership across the region.Her TML leadership includes serving as Region 8 vice president in 2025,Region 8 president in 2026, a member of the TML Board of Directors in 2026, and a member of the 2026 TML Policy Summit Committee. At the national level, Sarver is actively involved with the National League of Cities(NLC). She served as vice chair of the Small Cities Council from 2024-2025 and as chair from 2025- 2026. She has served in NLC's Community and Economic Development federal advocacy work since 2023, served on the Nominating Committee in 2024, and serves on the NLC Board of Directors for the 2025-2027 term. Sarver's commitment to economic development also includes service with the City of Grandview's Type A Economic Development organization since 2022 and as an Economic Development District Board member with the North Central Texas Council of Governments from 2024-2026. Sarver recognizes TML's Region 8 Director Candidate Biographies (printed on both sides) role in providing education and resources to local elected officials throughout Texas. Her service has emphasized the importance of education,training, and mentorship in helping municipal officials effectively advocate for and serve their communities. She has valued the opportunity to serve in this capacity and contribute to the work of TML. k4Ft hJOIF LH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Sign Ordinance Discussion PRESENTER: Stefanie Martinez, Managing Director of Community Development SUMMARY: Staff will present an overview of the North Richland Hills Code regarding sign regulations. This presentation is for discussion and informational purposes only; no formal Council action will be taken. GENERAL DESCRIPTION: This work session is an informational overview of the City's sign regulations, covering key categories such as temporary, off-premise, and building signage. Staff will outline how the current code operates, explain the constitutional and statutory legal parameters governing what municipalities can and cannot regulate, and gather Council perspective. "I"wFt hJOKTH KIC:HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Discuss Bond Election education information PRESENTER: Mary Peters, Communications Director GENERAL DESCRIPTION: Staff will review steps being taken to inform the community about the upcoming November 3 bond election and the four propositions that are on the ballot. k4Ft hJOIF LH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Approve minutes of the September 28, 2026 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 minutes of the September 28, 2026 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 28, 2026 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28th day of September at 6:00 p.m. in the Council Workroom prior to the 7:00 p.m. regular City Council meeting. Present: Cecille Delaney Place 1 Brianne Goetz Place 2 Danny Roberts Place 3 Matt Blake Place 4 Billy Parks Place 5 Russ Mitchell Place 6 Kelvin Deupree Mayor Pro Tem, Place 7 Absent: Jack McCarty Mayor Staff Members: Paulette Hartman City Manager Trudy Lewis Assistant City Manager Caroline Waggoner Assistant City Manager Alicia Richardson City Secretary/Chief Governance Officer Bradley A. Anderle City Attorney CALL TO ORDER Mayor Pro Tern Deupree called the meeting to order at 6:00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. City Council had no questions for staff. 2. REVIEW PROPOSED UPDATES TO CHILDCARE ORDINANCE - CHAPTER 18, ARTICLE II Managing Director of Community Development Stefanie Martinez presented the proposed updates to the city's Child Care Ordinance. Ms. Martinez discussed that the updates aim to streamline local regulations and incorporates feedback from the child care operator survey. The survey was sent to 23 child care operators and the city received nine (9) responses. Key revisions in the proposed ordinance includes removing repetitive September 28, 2026 City Council Meeting Minutes Page 1 of 7 language, eliminating the universal tuberculosis testing requirement, and decreasing city inspections from two to one per year with additional inspections as needed. The city will retain vital local provisions, including annual facility oversight, local permitting, food safety enforcement, and the Child Care Worker Card training requirement. The targeted adjustments are designed to simplify compliance and administration for facility operators while maintaining coordination with fire and building departments. The modernized framework balances a more efficient regulatory process with the city's ongoing commitment to protecting local public health and safety. City Council and staff discussed proposed updates to the ordinance; state inspections; licensed child care operators; frequencies of inspections; number of complaints; and comparability to adjacent cities and their regulations. FUTURE AGENDA ITEM(S) Council member Goetz requested an item be placed on a future agenda to revisit the city's ethics policy. There being no opposition from City Council, an item will be placed on a future agenda. CITY MANAGER REPORT City Manager Paulette Hartman provided an update on the following: Efficiency studies - currently, two efficiency audits (Utility Billing and Facilities) are in the final stages. The Utility Billing report will be presented at the November 9 work session, followed by the Facilities report at the December 14 work session. Upcoming events - Ms. Hartman reviewed upcoming October events and ribbon cuttings/openings for Jake's Burgers, Tacos and Avocados, and Public Pita Market. EXECUTIVE SESSION 1. SECTION 551.071: CONSULTATION WITH CITY ATTORNEY TO SEEK ADVICE ABOUT PENDING OR CONTEMPLATED LITIGATION OR ON A 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 THE OPEN MEETINGS ACT - (1) JESSIE GOODFELLOW V. CITY OF NORTH RICHLAND HILLS, ET AL, CAUSE NO. 352-366545-25; (2) BANK OF THE WEST V. G.Q. ENTERPRISES CORP., ET AL, CAUSE NO. 141-376075-26; (3) AMY VORE V. CITY OF NORTH RICHLAND HILLS, CAUSE NO. 2026-008722-3; (4) HOUSING FINANCE CORPORATIONS; AND (5) DATA CENTER REGULATIONS. September 28, 2026 City Council Meeting Minutes Page 2 of 7 2. SECTION 551.087: DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION THAT THE GOVERNMENTAL BODY HAS RECEIVED FROM A BUSINESS PROSPECT THAT THE GOVERNMENTAL BODY SEEKS TO HAVE LOCATE, STAY, OR EXPAND IN OR NEAR THE TERRITORY OF THE GOVERNMENTAL BODY AND WITH WHICH THE GOVERNMENTAL BODY IS CONDUCTING ECONOMIC DEVELOPMENT OR DELIBERATION OF THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO SUCH A BUSINESS PROSPECT - (1) NORTHEAST CORNER OF BOULEVARD 26 & HARWOOD ROAD, (2) 5332 AND 5336 DAVIS BOULEVARD, (3) 4517 RUFE SNOW DRIVE AND (4) 7656 BOULEVARD 26. Mayor Pro Tern Deupree announced at 6:20 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically, Section 551.071: Consultation with City Attorney to seek advice about pending or contemplated litigation or on a 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 the Open Meetings Act - (1) Jessie Goodfellow v. City of North Richland Hills, et al, Cause No. 352-366545-25; (2) Bank of the West v. G.Q. Enterprises Corp., et al, Cause No. 141-376075-26; (3) Amy Vore v. City of North Richland Hills, Cause No. 2026-008722-3; (4) Housing Finance Corporations; and (5) Data Center Regulations and Section 551.087: Deliberation regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development or deliberation of the offer of a financial or other incentive to such a business prospect - (1) Northeast Corner of Boulevard 26 & Harwood Road, (2) 5332 and 5336 Davis Boulevard, (3) 4517 Rufe Snow Drive and (4) 7656 Boulevard 26. Executive Session began at 6:23 p.m. and concluded at 6:41 p.m. Mayor Pro Tern Deupree announced at 6:41 p.m. that City Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Pro Tern Deupree called the meeting to order September 28, 2026 at 7:00 p.m. Present: Cecille Delaney Place 1 Brianne Goetz Place 2 Danny Roberts Place 3 Matt Blake Place 4 September 28, 2026 City Council Meeting Minutes Page 3 of 7 Billy Parks Place 5 Russ Mitchell Place 6 Kelvin Deupree Mayor Pro Tem, Place 7 Absent: Jack McCarty Mayor Staff Members: Paulette Hartman City Manager Alicia Richardson City Secretary/Chief Governance Officer Bradley A. Anderle City Attorney A.1 INVOCATION Council member Blake gave the invocation. A.2 PLEDGE Council member Blake 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 PUBLIC COMMENTS Jay Bruner, 6210 Roaring Springs Drive, commented on work session item 4, proposed updates to the Child Care Ordinance - Chapter 18, Article II. A.5 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 MITCHELL, SECONDED BY COUNCIL MEMBER DELANEY TO APPROVE THE CONSENT AGENDA ITEMS AS PRESENTED. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE THE MINUTES OF THE SEPTEMBER 14, 2026 CITY COUNCIL MEETING. B.2 APPROVE THE MINUTES OF THE SEPTEMBER 16, 2026 SPECIAL CITY COUNCIL MEETING. September 28, 2026 City Council Meeting Minutes Page 4 of 7 B.3 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALMAN CONSTRUCTION SERVICES, LP FOR INSTALLATION OF GENERATORS AND AUTOMATIC TRANSFER SWITCHES AND ALL ASSOCIATED ELECTRICAL AT FIRE STATION #1, FIRE STATION #4, AND FIRE STATION #5, IN THE AMOUNT OF $553,038. B.4 AUTHORIZE THE PURCHASE OF FITNESS FLOORING AND CARPET FOR THE NRH CENTRE FROM VECTOR CONCEPTS, INC. IN THE AMOUNT NOT TO EXCEED $173,370 THROUGH BUY BOARD CONTRACT NO. 736-24 AND TIPS CONTRACT NO. 241001. B.5 AUTHORIZE PAYMENT TO STRYKER SALES, LLC FOR NON-DISPOSABLE EMS EQUIPMENT IN AN AMOUNT NOT TO EXCEED $600,000 THROUGH JUNE 30, 2030, UTILIZING SOURCEWELL CONTRACT#041823. C. PUBLIC HEARINGS C.1 TR26-05, ORDINANCE NO. 3978, PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER 118 (ZONING) REGARDING THE FOLLOWING: BUILDING MATERIAL REGULATIONS, PUBLIC HEARING AND NOTICE REQUIREMENTS, REGULATION OF CUSTOMARY HOME OCCUPATIONS, AND CRITERIA FOR HARDSHIPS CONSIDERED BY THE BOARD OF ADJUSTMENT. APPROVED Mayor Pro Tern Deupree opened the public hearing for TR26-05, Ordinance No. 3978. Director of Planning Cori Reaume presented the proposed text amendments to Chapter 118 of the city's Code of Ordinances. The purpose of the revisions are to align local regulations with current state law. The Planning and Zoning Commission, at their September 17, 2026 meeting, recommended approval with a vote of 5-0. Mayor Pro Tern Deupree asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. Hyacinth Szabo, 6305 Iron Horse Boulevard, spoke in favor of the item. Mayor Pro Tern Deupree asked if there was anyone in the audience wishing to speak in favor or against the item to come forward. There being no one else wishing to speak, Mayor Pro Tern Deupree closed the public hearing. September 28, 2026 City Council Meeting Minutes Page 5 of 7 A MOTION WAS MADE BY COUNCIL MEMBER GOETZ, SECONDED BY COUNCIL MEMBER PARKS TO APPROVE ORDINANCE NO. 3978. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS EA AUTHORIZE THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE CONTRACTS WITH ALDERINK ENTERPRISES, INC. AND APEX CONCRETE CONSTRUCTION TO PROVIDE CITYWIDE SUPPLEMENT CONCRETE CONTRACTOR SERVICES FOR THE PUBLIC WORKS DEPARTMENT, IN ACCORDANCE WITH RFB 26-014, IN A COLLECTIVE AMOUNT NOT TO EXCEED $9,301,153 OVER THE FIVE-YEAR TERM OF THE CONTRACT. APPROVED City Council received a presentation from Public Works Operations Manager Kenneth Garvin. A MOTION WAS MADE BY COUNCIL MEMBER BLAKE, SECONDED BY COUNCIL MEMBER MITCHELL TO AUTHORIZE THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE CONTRACTS WITH ALDERINK ENTERPRISES, INC. AND APEX CONCRETE CONSTRUCTION TO PROVIDE CITYWIDE SUPPLEMENT CONCRETE CONTRACTOR SERVICES FOR THE PUBLIC WORKS DEPARTMENT, IN ACCORDANCE WITH RFB 26-014, IN A COLLECTIVE AMOUNT NOT TO EXCEED $9,301,153 OVER THE FIVE-YEAR TERM OF THE CONTRACT. MOTION TO APPROVE CARRIED 7-0. F. CITIZENS PRESENTATION Shawna Stiles, 3908 Lochridge Court, commented on the city's Code of Ethics. Shellie Embrey, 4908 Lariat Trail, discussed traffic safety on North College Circle. G. GENERAL ITEMS GA APPROVE ORDINANCE NO. 3979, AMENDING CHAPTER 50, ARTICLE IV REGULATION OF SEX OFFENDER RESIDENCY. September 28, 2026 City Council Meeting Minutes Page 6 of 7 APPROVED Chief of Police Jeff Garner informed City Council the proposed amendments to Article IV includes: increasing the residency buffer from 1,000 feet to 2,000 feet; expanding definitions of areas where children commonly gather by establishing "Child Safety Zones"; adds new provisions including a loitering restriction within 500 feet of a Child Safety Zone; revised definitions for temporary and permanent residences; and specific regulations for Halloween activities. A MOTION WAS MADE BY COUNCIL MEMBER ROBERTS, SECONDED BY COUNCIL MEMBER BLAKE TO APPROVE ORDINANCE NO. 3979, AMENDING CHAPTER 50, ARTICLE IV REGULATION OF SEX OFFENDER RESIDENCY. MOTION TO APPROVE CARRIED 7-0. H. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Pro Tern Deupree announced there was no action necessary as the result of Executive Session. I. INFORMATION AND REPORTS 1.1 ANNOUNCEMENTS Council member Mitchell reviewed upcoming events and recognized Charles Sanchez and Nathan Daniels in the Fire Department for receiving kudos from members of the public. J. ADJOURNMENT Mayor Pro Tern Deupree adjourned the meeting at 7:46 p.m. Kelvin Deupree, Mayor Pro Tern ATTEST: Alicia Richardson, City Secretary/Chief Governance Officer September 28, 2026 City Council Meeting Minutes Page 7 of 7 k4Ft hJOIF LH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Consider authorizing the purchase of six NIRLab portable narcotic identification scanners with a 5-year subscription from 908 Devices, Inc in the amount of $149,700.00 for the North Texas Anti-Gang Center using the Texas Anti-Gang Center Grant #2848911 funding. PRESENTER: Jeff Garner, Chief of Police SUMMARY: The City of North Richland Hills ("NRH") serves as the fiduciary and grant recipient for the FY 2026 North Texas Anti-Gang Center ("TAG') Project Grant #2848911. The grant award includes funding for the purchase of six NIRLab portable narcotic identification scanners with a 5-year subscription from 908 Devices, Inc in the amount of $149,700.00 for the North Texas Anti-Gang Center. GENERAL DESCRIPTION: The NIRLab is a handheld near-infrared (NIR) spectroscopy scanner that is designed to identify and quantify common street drugs in seconds. The device, which looks like a flashlight, allows law enforcement to perform rapid field tests without opening packaging or handling dangerous chemicals by pointing the device at suspicious substances and pressing a button. The device connects to a smartphone application that instantly displays the substance name and purity data. Staff is requesting authorization to purchase six NIRLab portable narcotic identification scanners with a 5-year subscription from 908 Devices, Inc in the amount of $149,700.00 using allocated funds awarded under the FY 2026 TAG Grant #2848911. 908 Devices, Inc is a sole source provider. Staff has provided sufficient documentation for this purchase. 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XLLSNLES ARE SUBJECTT0THEFOLLCVVNG]�J5MMSS£MN3 C��Z��� Page 2of2 TERMS AND CONDITIONS OF SALE PRODUCTS AND SERVICES 1. DEFINITIONS AND RELATED MATTERS 1.1 "908 Devices"or"Seller"means 908 Devices Inc. or one of its directly or indirectly wholly owned subsidiaries. 1.2 "Buyer"means the customer entity on the Sales Quote(as defined in Section 2.1)or, if no Sales Quote was issued,the name of the purchaser on the Purchase Order(as defined in Section 2.1) submitted to Seller to purchase the Products or Services. 1.3 "Consumables" means all items to be supplied by Seller,except Devices and Software. 1.4 "Device" means all electronic equipment, hardware and other electronic or mechanical items agreed to be supplied by Seller, including any accessories and/or spare parts for such Device,and excluding any Consumables sold separately. 1.5 "Documentation" means any specification sheets, user manuals or other user documentation accompanying,or provided by Seller regarding,or for use in connection with,a Product or related Service, including any documentation listed on Seller's website at https://www.908devices.com. 1.6 "Product" means each item, including any Device,Software and/or Consumable, listed in the applicable Sales Quote or, in the event a Sales Quote was not issued,listed in Seller's then-current price list applicable to Buyer's jurisdiction and channel,and identified in a Purchase Order. 1.7 "Services" means any services provided by Seller to Buyer related to the repair, maintenance, upgrade,installation, calibration,and/or validation of the Products. 1.8 "Software"means any firmware,software or data compilations(i) identified in the Agreement(as defined in Section 2.1) or(ii) provided by Seller in connection with the installation or operation of any Device. For the avoidance of doubt,Software shall not include any"open source"firmware,software or data compilations,as any such "open source"firmware,software or data compilations will be subject to the terms and conditions set out in the relevant"open source" license. 2. TERMS,CONDITIONS AND ORDERS 2.1 Terms and Conditions. Unless otherwise agreed in writing between the parties,the sale or license of any Products or Services(except Software,which is only licensed) by Seller to Buyer shall be governed by these Terms and Conditions of Sale— Products and Services(these"Terms"),together with any written sales quotation issued by Seller(a "Sales Quote"),and Buyer's statement of the following information,and only such information: (i)the name and identity of the Products and/or Services purchased, (ii)quantity, (iii) bill to address,(iv) ship to address,and (v) if accurate, price (items(i)-(v),collectively,the "Purchase Order Specifics"),set forth on Buyer's purchase order or other instrument submitted by Buyer in any manner, including by e-mail PDF or other electronic delivery(a "Purchase Order").These Terms,the Sales Quote(if any)and the Purchase Order Specifics shall be referred to herein collectively as this"Agreement." In case of a conflict,inconsistency or addition in a Purchase Order not expressly accepted in writing by Seller,the terms and conditions of sale provided in this Agreement shall be considered as superseding the conflicting, inconsistent or additional terms stated in a Purchase Order or other instrument submitted by Buyer. 2.2 Acceptance of Orders. No Purchase Order shall be binding upon Seller unless and until accepted by Seller, in writing or otherwise,and Seller shall have no liability or obligation to Buyer with respect to Purchase Orders that are not accepted. Purchase Orders delivered by Buyer,accepted by Seller and in process cannot be changed or cancelled without the prior written approval of Seller.Seller's offer to sell Products to and perform Services for Buyer is expressly conditioned on Buyer's acceptance of this Agreement. Any of the following constitutes Buyer's acceptance of this Agreement: (i)written acknowledgement; (ii) issuance of a Purchase Order that is confirmed by Seller; (iii)acceptance of any shipment of Products or performance of Services; (iv) payment for any Products or Services;or(v) any other act or expression,in writing,of acceptance by Buyer. 3. LICENSES AND USE RESTRICTIONS 3.1 Limited License.Subject to these Terms,and to all applicable end user license agreement(s), notices,terms,conditions and/or use restrictions(i) printed on any Product packaging, label or insert, (ii)appearing in or included with the Software or any Documentation,or(iii) listed on Seller's website at https://www.908devices.com,Seller grants to Buyer a paid-up, non- exclusive, non-transferable, non-sublicensable license to use the Products sold and/or licensed to Buyer by Seller or its authorized representative only in accordance with the applicable,then-current Documentation. 3.2 Software. Buyer agrees that Software is licensed, not sold, by Seller to Buyer.Seller retains all right,title,and interest in the Software.Seller grants to Buyer a paid-up, non-exclusive, non-transferable, non-sublicensable license to use the Software in combination with the Products or Devices purchased under this Agreement,or on a standalone basis if so permitted in the Sales Quote. Buyer agrees to maintain confidentiality of such Software and shall not transfer,assign,sublicense,license,or otherwise make such Software available to any third party,copy, modify, reverse-engineer,decompile,or create derivative works of such Software.The Software license shall terminate when the license term set forth in the Sales Quote expires or when Buyer's ownership of the Products or Devices on which the Software is installed ceases. 3.3 Certain Use Restrictions. Buyer acknowledges that the Products do not have United States Food and Drug Administration ("FDA")or equivalent non-U.S. regulatory agency clearance or approval ("Approval"). Buyer acknowledges that the Products are labeled and intended FOR RESEARCH USE ONLY and/or NOT FOR USE IN DIAGNOSTIC PROCEDURES. Unless otherwise expressly stated by Seller in writing, no claim or representation is made or intended by Seller that any Product has any Approval for use in any diagnostic or other clinical procedure in connection with any law, regulation or governmental policy (collectively, "Regulatory Laws"). Buyer agrees that if it elects to use a Product for a purpose that would subject Buyer, its customers or any Product to the application of Regulatory Laws, Buyer shall be solely responsible for obtaining any required Approvals. Except where authorized by Seller in writing, Buyer agrees not to transfer a Product to any third party(including, but not limited to, re-sale,donation,or loan). 3.4 Reachback. The Products and Seller's reachback services are intended to provide initial determinations and to be used as information resources in the field and not as absolute or conclusive identifications of unknown substances.The results provided by the Products and the Seller's reachback services should be verified using other appropriate techniques.Seller makes no recommendations for, nor does it assume any liability for,how the information is utilized. 4. PRICES,TAXES AND PAYMENT 4.1 Prices.The price for any Product or Service shall be the applicable price stated in the Sales Quote,or,if no Sales Quote is issued, in Seller's then-current price list applicable to Buyer's jurisdiction and channel,which is subject to change without notice.Seller's Sales Quotes are only valid for thirty(30)days from the quotation date unless otherwise expressly stated in the Sales Quote. 4.2 Taxes;Shipping Charges. Unless otherwise expressly stated in the Sales Quote, Buyer's purchase price does not include any U.S. or non-U.S.federal,state, local,sales,VAT,GST or other taxes,duties,or governmental assessments("Taxes")that may be applicable to the Products or Services, nor does the price include freight and insurance; Buyer will be responsible for any such charges.All Taxes shall be paid by Buyer,or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate acceptable to the applicable taxing authorities. If Seller is required to prepay any Taxes,duty,custom,freight, insurance or other fee, Buyer shall reimburse Seller for any such prepayment. 4.3 Payment. Unless otherwise expressly stated in the Sales Quote,Seller shall invoice Buyer for a Product,and any and all Services ordered in connection with a Product, upon shipment of the Product; or, if a Service Plan (as defined in Section 7.2) is purchased separately from the purchase of a Product,on the applicable start date of such Service Plan;or, if no such start date is provided, upon Seller's acceptance of Buyer's Purchase Order,and such invoice shall cover Buyer's purchase price for the Product and/or related Services and any freight,insurance,Taxes or other applicable costs initially paid or payable by Seller to be ultimately borne by Buyer,and Buyer shall pay all such amounts. Unless otherwise expressly stated in the Sales Quote,all invoices shall be issued and payable in U.S. Dollars,and are due and payable thirty(30)days from date of invoice, subject to credit approval. Each delivery shall be considered a separate and independent transaction and payment therefor shall be made accordingly.Amounts outstanding thirty(30)or more days from the date of invoice shall be subject to a service charge of one and one-half percent(1.5%) per month,or the maximum allowed by applicable law, if less. Buyer shall pay all of Seller's costs and expenses(including reasonable attorneys'fees)to enforce and preserve Seller's rights under this section. If Buyer fails to make any payment when due or if Seller deems Buyer to be or to have become un-creditworthy,then,without prejudice to Seller's rights,Seller may,at its option,cancel and/or suspend future deliveries,and/or require prepayment, an irrevocable letter of credit,or other payment method(s). 5. DELIVERY AND ACCEPTANCE OF PRODUCTS 5.1 Delivery and Acceptance. Unless otherwise expressly stated in the Sales Quote,all deliveries of Products are EXW Seller's facility(ICC Incoterms 2020).Seller's title(except for Software,which is only licensed)and all risk of loss passes to Buyer,and Seller's liability as to delivery ceases upon delivery of the Product(s)at the EXW shipping point. For avoidance of doubt, if the above-identified shipping terms are deemed not to apply,title and risk of loss shall pass to Buyer upon transfer of the Product(s)from Seller to the carrier unless both parties agree otherwise in advance and in writing. Unless specific shipping instructions have been agreed to in writing between Seller and Buyer,Seller will ship in accordance with its standard practices. All shipping dates are approximate only,and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control,Seller reserves the right to reschedule the shipment within a reasonable period of time,and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Products for which delivery is delayed due to any cause within Buyer's control may be placed in storage by Seller at Buyer's risk and expense. For multiple unit and/or multiple Product orders, unless otherwise agreed to by the parties that a "Complete Shipment" is required,Seller may deliver such orders in installments,and each installment shall be deemed to be a separate sale.Seller may issue a separate invoice for each installment,which shall be paid without regard to prior or subsequent installments.All Products shall be conclusively and irrevocably deemed accepted without qualification by Buyer upon delivery. 5.2 Inspection and Installation.Without limiting the preceding section, Buyer shall promptly visually inspect any Product upon receipt and notify Seller in writing of damage or missing parts that Buyer notes. If Buyer fails to comply with this section, Buyer shall be deemed to have waived its rights to claim incorrect or incomplete delivery or packaging and any related warranty rights. If Seller has agreed to install the Device, it is Buyer's responsibility,at Buyer's cost,to prepare the installation site in accordance with Seller's site preparation specifications(including no hazardous or unsafe conditions). Buyer shall have appropriate Buyer personnel present at any such installation. 6. LIMITED WARRANTIES ON PRODUCTS 6.1 Limited Warranty and Remedy for Devices and Software.Seller warrants to and only to Buyer that the Software and Devices shall be free from defects in material and workmanship,when subjected to normal,proper and intended usage by properly trained personnel,and shall operate and perform substantially in conformance with Seller's published specifications at the time of purchase,for a period of twelve(12) months from the date of shipment to Buyer(the"Warranty Period").When allowed under the applicable law,any statutory warranties and warranty periods are hereby expressly rejected,and the terms herein shall apply. Representations,oral or written,which are in addition to or inconsistent with this warranty or the Seller's published specifications are not binding on Seller. Seller agrees during the Warranty Period,to repair or replace,at Seller's option,defective Products so as to cause the same to operate in substantial conformance with said published specifications; provided that Buyer shall(a) promptly notify Seller in writing upon the discovery of any defect,which notice shall include the product model and serial number(if applicable)and details of the warranty claim; and (b)after Seller's review,Seller will provide Buyer with service data and/or a Return Material Authorization ("RMA"),which may include biohazard decontamination procedures and other product-specific handling instructions,then, if applicable, Buyer may return the defective Products to Seller with all reasonable return shipment costs either prepaid or reimbursed by Seller. Replacement parts may be new, reconditioned or refurbished products,parts or subassemblies,at the election of Seller.All replaced parts shall become the property of Seller. Notwithstanding the foregoing, products supplied by Seller that are obtained by Seller from an original manufacturer or third- party supplier are not warranted by Seller, but Seller agrees to assign to Buyer any warranty rights in such product that Seller may have from the original manufacturer or third-party supplier,to the extent such assignment is allowed by such original manufacturer or third-party supplier. 6.2 Exceptions. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part,as the result of(i) normal wear and tear, (ii)accident,disaster or event of force majeure, (iii) misuse,fault or negligence of or by Buyer,(iv) use of the Products in a manner for which they were not designed, (v)causes external to the Products such as,but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or(vii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall reimburse Seller at Seller's then-current service call fees, including all labor,parts and travel charges,for all work that Seller or its designee incur in investigating or remedying any such Products. ANY INSTALLATION, MAINTENANCE, REPAIR,SERVICE, RELOCATION OR ALTERATION TO OR OF,OR OTHER TAMPERING WITH,THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL,OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER,SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. 6.3 Sole Remedy. THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT,SELLER DISCLAIMS ALL OTHER WARRANTIES,WHETHER EXPRESS OR IMPLIED,ORAL OR WRITTEN,WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.WARRANTIES EXTEND ONLY TO THE ORIGINAL PURCHASER AND ARE NOT ASSIGNABLE OR OTHERWISE TRANSFERABLE.ANY ASSIGNMENT OR TRANSFER BY BUYER SHALL BE VOID. 7. LIMITED WARRANTIES ON SERVICE PLANS 7.1 Service and Maintenance.After the Warranty Period,Seller may offer to provide extended maintenance, repair,training, support and/or warranty services for such Device pursuant to a separate written service plan that may be purchased by Buyer from Seller. 7.2 Service Plans. If Buyer has purchased a separate written contract for extended maintenance,repair,training,support and/or warranty services or other Seller support for a Device(a "Service Plan"),the Sales Quote and the applicable then- current Documentation, if any,for such Service Plan will describe its level and features. During the Service Plan term,Seller or its designee will provide the services described in the Service Plan (the"Covered Services"). Maintenance,repairs and replacements may be completed under the Service Plan with new, reconditioned or refurbished products, parts or subassemblies,at the election of Seller.All replaced parts shall become the property of Seller.Any updates or upgrades to the Software,when delivered,shall become part of the Software and shall be subject to the same end user license agreement(s), notices,terms,conditions and use restrictions unless otherwise expressly stated in writing by Seller.Service Plans may not be transferred or assigned without Seller's prior written consent. 7.3 Service Limitations. Buyer agrees to follow the operation procedures published by Seller, including procedures for routine maintenance.Seller shall have no obligation to provide any service or parts required as a result of Buyer's failure to comply with items(i)through (vii) in Section 6.2. Buyer shall reimburse Seller at Seller's then-current service call fees, including all labor, parts and travel charges,for all work that Seller or its designee incur in investigating or remedying any damage or malfunction that Seller reasonably determines to not be part of the Covered Services. 7.4 Non-Covered Equipment.Any and all devices,software and other products,and any parts or subassemblies of the foregoing,that are not provided by Seller or its designee shall be deemed "Non-Covered Equipment."Seller shall have no obligation to provide Covered Services for Non-Covered Equipment; moreover,and notwithstanding anything herein to the contrary,Seller shall have no obligation to provide Covered Services in connection with any Device, part or subassembly: (i) that has been substantially altered (other than by Seller or its designee); (ii)that does not incorporate all of Seller's engineering improvements and other fixes that Seller requested that the Buyer implement; (iii)that incorporates Non- Covered Equipment or has Non-Covered Equipment attached; (iv)that has been operated in conditions outside of Seller's environmental or electrical site specifications,as defined in the applicable,then-current Documentation; (v)that has been operated in hazardous environments or used to analyze hazardous materials that may cause residual contamination,except in accordance with Seller's expected uses set forth in the applicable,then-current Documentation;or(vi)that has been repaired or maintained by anyone other than Seller or its designee,except such routine maintenance as set forth in the applicable, then-current Documentation. 7.5 Billable Services.All services performed by Seller or its designee on Buyer's Non-Covered Equipment or which are not Covered Services shall be billable to Buyer at Seller's then-current service call fees, including all labor, parts and travel charges. 7.6 Access and Service Safety. Buyer will provide Seller and its designees reasonable and safe access to all Devices for the provision of any services and for any audit of compliance with Seller's installation and operational guidelines. Buyer is responsible for proper disposal of all contaminated material and of contaminated parts and subassemblies that, in Seller's discretion,cannot be safely returned to Seller. Buyer shall inform Seller of any special safety risks or safety regulations applicable to Buyer's site where the Services will be performed. Buyer shall comply with all applicable laws, legislation, regulations and ordinances in connection with the use and handling of the Services. Buyer shall maintain in effect all required licenses, permissions,authorizations,consents and permits.Seller shall not be liable for any delays in the provision of Services in the event and to the extent such delay results from acts or omissions of Buyer;an unusually long processing time for any necessary permit, license or other authorization required to be obtained from a governmental authority; or factors beyond Seller's reasonable control. 7.7 Limited Service Warranty.Seller warrants that it will render the Covered Services in a professional and workmanlike manner.As Seller's sole responsibility and Buyer's exclusive remedy in the event of any material failure to meet such standard, Seller shall make a commercially reasonable effort to remedy any resulting discrepancies.Any claim based on the foregoing warranty must be submitted in writing in accordance with Seller's standard procedures within thirty(30)days after delivery or the date of performance of the pertinent services at issue. 7.8 Term and Termination.The term of a Service Plan,if purchased,shall commence,as applicable,on the later of: (i)the date of expiration of the Warranty Period; (ii)the Service Plan start date specified in the purchase order;or(iii)the date Seller receives an authorized purchase order from Buyer. Such Service Plan will continue for the period specified in the applicable Sales Quote describing the Service Plan or, if no such term is specified,the term shall be one (1)year.Service Plans shall not be automatically renewed. If Buyer wishes to obtain Covered Services for a Device beyond the term of the Service Plan or for additional Devices, Buyer must submit a new order. Either party may terminate a Service Plan by providing written notice thirty(30)days in advance to the other party and Seller will reimburse Buyer on a pro rats basis up to the termination date for any payments made in advance by Buyer, less the implied value of Seller's time and materials costs and expenses in connection with the provision of services under any such Service Plan. No termination of a Service Plan shall release Buyer from any obligation to pay Seller any amount that has accrued or become payable at or prior to the date of termination. 8. WARRANTY DISCLAIMERS.THE EXPRESS WARRANTIES AND THE REMEDIES SET FORTH IN SECTIONS 6 AND 7.7 ARE IN LIEU OF,AND SELLER AND ITS LICENSORS,SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM,ALL OTHER REMEDIES AND WARRANTIES, EXPRESS,STATUTORY, IMPLIED,OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,ANY WARRANTIES OF MERCHANTABILITY,SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,OR REGARDING RESULTS OBTAINED THROUGH THE USE OF ANY PRODUCT OR SERVICE (INCLUDING,WITHOUT LIMITATION,ANY CLAIM OF INACCURATE, INVALID OR INCOMPLETE RESULTS), IN EACH CASE HOWEVER ARISING, INCLUDING WITHOUT LIMITATION FROM A COURSE OF PERFORMANCE, DEALING OR USAGE OF TRADE,OR OTHERWISE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,SELLER AND ITS LICENSORS,SUPPLIERS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR LOSS OF USE, PROFITS, REVENUE,GOODWILL, BUSINESS OR OTHER FINANCIAL LOSS OR BUSINESS INTERUPTION,OR COSTS OF SUBSTITUTE GOODS OR SERVICES,OR FOR ANY SPECIAL,CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT DAMAGES FOR BREACH OF WARRANTY.ANY PRODUCT OR SERVICE PROVIDED WITHOUT A WRITTEN WARRANTY FROM SELLER IS PROVIDED"AS IS" WITHOUT(AND SELLER HEREBY DISCLAIMS)ANY WARRANTY,STATUTORY, EXPRESS, IMPLIED OR OTHERWISE.Without limiting the generality of Seller's general rejection of conflicting terms presented by Buyer,and for clarification purposes only, Buyer agrees that any different or additional warranty terms stated in a Purchase Order and not accepted by Seller shall be void and of no effect. 9. LIMITATION OF LIABILITY.SELLER'S,AND ITS LICENSORS',SUPPLIERS'AND REPRESENTATIVES', LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE SALE OF PRODUCTS OR PROVISION OF SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER FOR THE PRODUCTS AND/OR SERVICES TO SELLER IN THE PRIOR TWELVE (12) MONTHS. IN NO EVENT SHALL SELLER BE LIABLE FOR COSTS OF LOSS OF USE, PROFITS, REVENUE,GOODWILL,ANY COSTS ASSOCIATED WITH RETESTING, BUSINESS OR OTHER FINANCIAL LOSS OR BUSINESS INTERUPTION,OR COSTS OF SUBSTITUTE GOODS OR SERVICES,OR FOR ANY SPECIAL,CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY(WHETHER IN CONTRACT,TORT,WARRANTY, PURSUANT TO ANY STATUTE,OR ON ANY OTHER BASIS)ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE SALE OF PRODUCTS OR PERFORMANCE OF SERVICES,WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT SELLER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Nothing in this Agreement shall operate so as to exclude or limit the liability of Seller,its licensors, suppliers or representatives for any liability which cannot be excluded or limited by law. 10. INDEMNITY AND INSURANCE 10.1 Indemnification of Buyer. Subject to Sections 10.2 and 10.3 below,Seller agrees to defend Buyer against any third-party claim, proceeding or action ("Claim")to the extent the Claim alleges that any Product sold to Buyer hereunder,as delivered to Buyer by Seller,directly infringes or misappropriates,as applicable,any patent,copyright,or other intellectual property right. Seller will pay all damages awarded in a final non-appealable judgment,and settlements approved in writing by an authorized representative of Seller,in connection therewith, provided that(i) Buyer provides to Seller written notice of the Claim within thirty(30)days of receipt by Buyer of such Claim,or such earlier time as required to avoid prejudice to Seller or its ability to defend such Claim, (ii) Buyer allows Seller to control the defense and settlement of the Claim,and (iii) Buyer provides to Seller reasonable assistance in connection therewith,at no charge to Seller. Buyer may employ counsel at its own expense to assist it with respect to any such Claim, provided that this shall not obligate Seller or its counsel to consult with or advise such Buyer counsel, nor affect Seller's control of the defense and settlement of the Claim. 10.2 Exceptions. Seller shall have no liability or obligation pursuant to this Section 10 with respect to Claims resulting from (i) modification of the Product other than by Seller or its authorized service provider, (ii)combination of the Product with any item or method not supplied or specifically recommended in writing by Seller, (iii) use of the Product other than in accordance with the Documentation and this Agreement(including,without limitation, use for diagnostic or other non-research uses),or (iv)compliance with Buyer's instructions,specifications or design to the extent such instructions,specifications or design materially differ from comparable Products that Seller makes generally available to its customers(collectively,(i)-(iv), "Excluded Causes"). 10.3 Remedy. In the event there is a Claim,or Seller believes a Claim is likely,alleging intellectual property infringement or misappropriation,as applicable,with respect to any Product sold to Buyer hereunder,Seller shall be entitled,without obligation to do so,at its option and expense,to(i) modify the Product so that it is no longer infringing, (ii)obtain a license with respect to the applicable intellectual property rights,or(iii)accept the return of each such Product purchased by Buyer hereunder(except for contaminated Products that, in Seller's discretion,cannot be safely returned to Seller)and in Buyer's possession and control,and provide to Buyer a refund of the price paid by Buyer to Seller therefore,subject to reasonable deductions for damage and amortized on a straight line basis over three(3)years from the date of original delivery to Buyer. Seller will have no liability or obligation with respect to any alleged infringement occurring after the date Seller makes any such remedy available to Buyer. 10.4 Exclusive Obligation. Notwithstanding any other provision,the foregoing Sections 10.1 to 10.3 state Seller's sole liability and obligation,and Buyer's exclusive remedy,arising out of any actual or alleged intellectual property infringement or misappropriation of any kind,as applicable,or any actual or alleged breach of any representation or warranty(statutory, express or implied)that the Products or Services do not infringe or misappropriate,as applicable,any third party intellectual property anywhere in the world. 10.5 Indemnification of Seller. Buyer agrees to defend Seller against any Claim (i)to the extent the Claim alleges infringement or misappropriation,as applicable,of any patent,copyright,or other intellectual property right as a result of any Excluded Cause,or(ii)that arises in connection with Buyer's use of Products(a)for any clinical purpose or application,(b) in violation of any applicable law or regulation,or(c) in the provision of services under any'fee for service'agreement or other arrangement. Buyer will pay all damages awarded,and all settlements approved by Buyer, in connection therewith,provided that(x)Seller provides to Buyer written notice of the Claim within thirty(30)days of receipt by Seller of such Claim,or such earlier time as required to avoid prejudice to Buyer or its ability to defend such Claim, (y)Seller allows Buyer to control the defense and settlement of the Claim,and (z)Seller provides to Buyer reasonable assistance in connection therewith,at no charge to Buyer.Seller may employ counsel at its own expense to assist it with respect to any such Claim, provided that this shall not obligate Buyer or its counsel to consult with or advise such Seller counsel, nor affect Buyer's control of the defense and settlement of the Claim. If Buyer is a U.S. state,city,town or other municipality,or a public university,college or other not-for-profit institution chartered under the laws of a U.S. state,this section shall only apply to the extent permitted by applicable law. 11. INTELLECTUAL PROPERTY. Except to the extent prohibited by applicable law,Seller shall retain all ownership of its intellectual property rights with respect to the Products and Documentation.All rights,title and interest, including,without limitation,all intellectual property rights in and to all Software and all documentation for such software, including on-line read-me or help files(collectively"Software Documentation").The content of all training provided by Seller representatives on Products is and shall remain the property of Seller, its licensors and suppliers.All Software and related Software Documentation and training provided by Seller are protected by copyright under 17 U.S.C. § 101 et seq. and other intellectual property rights,and their international equivalents and by international treaties. No license or other rights,either express or implied,are granted by Seller to Buyer under this Agreement with respect to any such intellectual property rights. For more information about Seller's patent portfolio,see www.908devices.com/patents. 12. MISCELLANEOUS 12.1 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be mailed by first class mail, postage prepaid,or otherwise delivered by hand,commercial courier service, messenger or transmitted electronically by e-mail PDF(with a copy to Ilg2,II„ 9 �IYiis„ giiT for any notice or communication in connection with a Claim or a Dispute(as defined below)),addressed to the addresses listed in the Sales Quote(or to Buyer's address listed in its Purchase Order)or at such other address furnished with a notice in the manner set forth herein.All notices shall be in English. 12.2 Governing Law and Venue. This Agreement and any disputes arising out of or relating to this Agreement(including its formation or termination)or Seller's goods,software or related services(collectively, "Disputes")shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts,U.S.A., (provided,however,that if Buyer is a U.S. state,city,town or other municipality,or a public university,college or other not-for-profit institution chartered under the laws of a U.S. state,the law of such state shall govern),excluding in all cases choice of law provisions.The United Nations Convention on Contracts for the International Sale of Goods will not apply.SELLER AND BUYER EACH HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. 12.5 Export Controls. Buyer understands that exports and re-exports of Products and any related software,service,technical assistance,training and related technical data,and any media in which any of the foregoing is contained (the "Items")are subject to U.S. and foreign trade controls,customs,anti-boycott and economic sanctions laws,regulations, rules and orders (the "Export Laws"). In addition to any other remedy it may have,Seller may suspend or cancel the export,delivery, installation,or any maintenance or repair service of any Item if(a)Seller has not received all export-related documentation requested by Seller, including end-user and/or end-use certificates, (b)Seller has not received the governmental approvals that Seller deems to be required,or(c)Seller believes that such activity may violate any Export Laws or Seller's own compliance policies. Buyer shall not export, re-export or otherwise transfer or provide any Item in contravention of any Export Laws or any end-user certificate provided by Buyer,including to an embargoed or otherwise sanctioned country,to anyone listed on any prohibited persons list published by the U.S.,the UN,the EU or the OSCE,or for a prohibited end-use(such as research on or development of chemical, biological,or nuclear weapons, unmanned air vehicles or missiles,or nuclear explosive or fuel cycle activities).Seller will not be liable to Buyer for any loss or expense if Buyer fails to comply with any Export Laws. Buyer will cooperate fully with Seller in any official or unofficial audit or inspection related to applicable Export Laws,and Buyer will indemnify,defend and hold harmless Seller from all claims,damages,fines, penalties, liability losses, costs and expenses made against or incurred by Seller arising from Buyer's breach of Export Laws. 12.6 Modifications. This Agreement may only be amended or supplemented upon the mutual written agreement of both parties. 12.7 Waivers. The waiver by either party of a term or provision of this Agreement,or of the other party's breach of this Agreement,shall not be effective unless such waiver is in writing and signed by such party. No waiver by a party of a breach by the other party of this Agreement shall constitute a waiver of any other or subsequent breach by the other party. 12.8 Severability. If any section, paragraph,provision or clause or any portion thereof in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed,the remainder of this Agreement shall be valid and enforceable and the parties shall negotiate, in good faith,a substitute,valid and enforceable provision which most nearly effects the parties' intent in entering into this Agreement. 12.9 Force Majeure. Except for the payment of money,neither party shall be liable to the other party for any failure or delay in the performance of any of its obligations under this Agreement for the period and to the extent such failure or delay is caused by civil unrest,threat of or actual acts of terrorism or war,embargoes,governmental actions,acts of God, earthquakes,floods,storms,fires,supplier delay,accidents,explosions,epidemics,quarantine restrictions,or other such contingencies beyond the reasonable control of the applicable party("Force Majeure").The party affected shall notify the other party as soon as practicable of any anticipated delay due to Force Majeure. 12.10 No Third-Party Beneficiaries. This Agreement has been made and is made solely for the benefit of Seller and Buyer and their respective wholly owned subsidiaries and permitted successors and assigns. Nothing in this Agreement is intended to (i)confer any rights or remedies under or by reason of this Agreement on any persons or entity other than the parties to this Agreement and their respective permitted successors and assigns;or(ii) relieve or discharge the obligation or liability of any third persons or entities to any party to this Agreement. 12.11 General. The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.The English language shall govern the meaning and interpretation of this Agreement.This Agreement embodies the final and complete understanding of the parties with respect to the subject matter hereof,superseding all prior oral or written communications. Neither party has entered into this Agreement in reliance on any statement or representation not expressly set out herein. No oral explanation or oral information by either party shall alter the meaning or interpretation of this Agreement. 12.12 Assignment. Buyer shall not assign, by operation of law or otherwise,this Agreement,or any of its rights,or delegate any of its obligations under this Agreement,to any third party without the prior express written consent of Seller.Any attempted assignment in violation of this section shall be void. 12.13 Equitable Relief. A breach by Buyer of this Agreement related to any Product or of confidentiality will cause irreparable damage to Seller for which money damages is not an adequate remedy,and Seller shall be entitled to obtain equitable relief, in any court or forum, including,but not limited to,seeking injunctive relief,as well as monetary damages and any other appropriate relief,without obligation to post bond. k4Ft6H 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: Quote Number 908204987;Terms and Conditions of Sale Legal Name of Cooperative Contractor: 908 Devices Inc Legal Name of Third-Party Contractor(if applicable)(if not applicable enter N/A): N/A Description of Goods or Services("Goods or Services"): NIR-0106-2—6 Handheld near-infrared spectrometer for in-field material identification and quantification. 5-year NIRLab SW Subscription. Purchase will be made with TAG Grant#2848911 funds. Cooperative Agreement: Sole Source Total Contract Price:$ 1499700.00 Notwithstanding any language to the contrary in the attached Agreement between Contractor and the City of North Richland Hills("City"), individually referred to as a "party"and collectively referred to as the "parties,"the parties stipulate by evidence of execution of this Government Rider below by a representative of each party duly authorized to bind the parties hereto,that the parties hereby agree that the provisions in this Government Rider below shall be applicable to and shall modify and supersede the Agreement as set forth below: SECTION 1.TIME FOR PAYMENT AND INTEREST.The City's payments under the Agreement,including the time of payment and the payment of interest on overdue amounts,are subject to Chapter 2251 of the Texas Government Code. Payment shall be due within thirty(30)days of(i)the date of the City's receipt of the goods under the Agreement; (ii) the date the performance of the services under the Agreement are completed; or(iii) the date the City receives an invoice for the goods or services,whichever is later. Interest on any overdue payment shall not exceed 1%plus the prime rate as published by the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday. The City reserves the right to modify any amount due to the Contractor presented by invoice to the City if necessary to conform the amount to the terms of the Contract, the Texas Government Code or this Government Rider.To the extent the Agreement requires the City to agree to a higher rate of interest than allowed by law,or to incur penalties or late fees prior to 30 days before receipt of invoice or services,any such requirements shall be null and void,are hereby deleted from the Agreement and shall have no force or effect. SECTION 2.INDEMNIFICATION; LIABILITY; NO FUTURE DEBT. 2.1 Multiyear Contracts. If the NRH City Council does not appropriate funds sufficient to make any payment for a fiscal year after the City's fiscal year in which the Agreement becomes effective, and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Agreement shall automatically terminate at the end of the fiscal year for which funds were appropriated, in accordance with Section 5, Article XI of the Texas Constitution.The City shall have the right to terminate the Agreement at the end of any City fiscal year,without any penalty to the City, if the City Council does not appropriate sufficient funds to continue the Agreement to the next fiscal year.The City shall provide Contractor with as much advance written notice of such termination as is reasonably possible, but not less than thirty(30)days. 2.2 No Future Debt. In compliance with Section 5,Article XI of the Texas Constitution, all payment obligations of the City hereunder are subject to the availability of funds.If such funds are not appropriated or become unavailable during the Term of the Agreement,or in any renewal year of the Agreement, the City shall have the right to terminate the Agreement,except for those portions of funds which have been appropriated prior to termination.To the extent the Agreement requires the City to agree to the creation of future debt for which funds are not appropriated,any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. 2.3 INDEMNIFICATION AND LIABILITY.CONTRACTOR SHALL BE LIABLE FOR,AND SHALL INDEMNIFY AND HOLD THE CITY ITS OFFICERS, AGENTS, EMPLOYEES,VOLUNTEERS,AND REPRESENTATIVES (collectively"CITY INDEMNITEES") HARMLESS FROM ANY INJURY, LOSS OR DAMAGE DUE TO,OR ARISING OUT OF,THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF CONTRACTOR.TO THE EXTENT THE AGREEMENT REQUIRES THE CITY TO INDEMNIFY, DEFEND AND/OR HOLD CONTRACTOR OR ANY OF ITS AFFILIATES, EMPLOYEES,DIRECTORS,OFFICERS,VOLUNTEERS,OR REPRESENTATIVES(collectively the"CONTRACTOR INDEMNITEES")HARMLESS, THE CITY SHALL NOT BE REQUIRED TO DEFEND ANY CONTRACTOR INDEMNITEE UNDER THE AGREEMENT AND THE CITY SHALL ONLY INDEMNIFY OR HOLD ANY INDEMNITEE HARMLESS TO THE EXTENT PERMITTED BY APPLICABLE LAW,AND ONLY TO THE EXTENT SUCH INJURY, LOSS, OR DAMAGE IS DUE TO THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF THE CITY. THE CITY SHALL NOT BE UNDER ANY OBLIGATION TO CREATE ANY SINKING FUND TO SATISFY ANY OBLIGATION TO INDEMNIFY UNDER THE AGREEMENT.NOTWITHSTANDING ANY OF THE FOREGOING,IN NO EVENT SHALL THE CITY'S LIABILITY EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CITY UNDER THE AGREEMENT FOR THE PREVIOUS TWELVE MONTH PERIOD.IN NO EVENT SHALL EITHER PARTY BE Government Contract and Purchasing Rider For Contracts with the City of North Richland Hills,TX Vendor Name: 908 Devices Inc Pagel of 3 CA-CONTRACT NO. PUR0006-20220107—Rev 10/01/2024 LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES UNDER THE AGREEMENT. THIS PROVISION SHALL SUPERSEDE ANY OTHER PROVISION OF CONTRACTOR IN ANY SEPARATE AGREEMENT,TERMS AND CONDITIONS,QUOTE OR INVOICE. SECTION 3.TERMINATION.Notwithstanding Section 2 above,and unless otherwise specifically agreed to by the parties,either party may terminate this Agreement by providing thirty(30)days prior written notice of such termination to the other party.Termination pursuant to this Section shall not relieve the Contractor of any obligation or liability that has accrued prior to cancellation. City shall pay Contractor for any services performed up to the effective date of such termination. This Agreement is subject to termination,without penalty,at any time the City deems the Contractor to be non-compliant with contractual obligations. Unless otherwise specifically agreed to by the parties in writing,to the extent the Agreement requires the City to(i)agree to a shorter termination period than thirty(30)days; (ii)agree to automatic renewals not included as a part of the"Term of the Agreement"listed above in this Government Rider; or(iii) incur a termination penalty, any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 4.INSURANCE.The City is a Government entity under the laws of the state of Texas,and pursuant to Chapter 2259 of the Texas Government Code,"Self-Insurance by Government Units,"the City is self-insured and therefore is not required to purchase insurance.The City shall not be required to purchase an insurance policy under this Agreement.Any such requirement in the Agreement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect.The City will provide a letter of self-insured status as requested by Contractor. SECTION 5.CONFIDENTIALITY.The City is a Government entity under the laws of the State of Texas and all documents or information held or maintained by the City are subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code (the"Act").To the extent any provision in the Agreement attempts to prevent the disclosure of information that is subject to public disclosure under federal or Texas law, including any provision that prohibits disclosure of the terms and conditions of the Agreement, such provision is invalid.Any such requirement in the Agreement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 6.TAX EXEMPTION.The City shall not be liable to Contractor for any federal,state or local taxes for which the City is not liable by law,including state and local sales and use taxes, pursuant to Section 151.309 of Title 3,Texas Tax Code,and federal excise tax,pursuant to Subtitle D of the Internal Revenue Code.Accordingly,those taxes shall not be added to any goods or services under the Agreement.The City shall furnish a copy of the applicable tax exemption certificate upon request from Contractor. If the City is billed for any taxes not in compliance with this Section 6,the City shall be authorized to remit payment less the taxes imposed. SECTION 7.GOVERNING LAW AND VENUE.This Agreement and the rights and obligations of the parties hereto shall be governed by,and construed in accordance with the laws of the United States and the state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under this Agreement shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent this Agreement is required to be governed by any state law other than Texas or venue in any jurisdiction other than Tarrant County,any such requirement in the Agreement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 8.ATTORNEYS'FEES; PENALTIES; LIQUIDATED DAMAGES:The City shall only be liable for attorneys'fees for breach of this Agreement to the extent such attorneys'fees are reasonable and necessary and equitable and just as authorized by Section 271.153 of the Texas Local Government Code.To the extent the attached Agreement requires the City to pay attorneys'fees for any action contemplated or taken,or to incur penalties or liquidated damages in any amount not authorized by Section 271.153,any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 9.SOVEREIGN IMMUNITY.Nothing in the Agreement,or herein in this Government Rider,constitutes a waiver of the City's sovereign immunity. To the extent the Agreement requires the City to waive its rights or immunities as a government entity, any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 10.ASSIGNMENT.To the extent the Agreement addresses the right to assign any rights or interest in the Agreement to another party, such right of assignment shall be reciprocal,and neither party shall have the right to assign or transfer any of its rights or interests in the Agreement without the express prior written consent of the other party. Notwithstanding,the Contractor shall have the right to assign the Agreement to any entity in which it is a recognized legal affiliate or subsidiary or which such entity obtains a majority interest without the consent of the City; however, Contractor shall give the City at least thirty(30)days'written notice of any such assignment or transfer of interest. SECTION 11.RIGHT TO TRIAL BY JURY.The City reserves its right to settle disputes by trial by jury.Any such provision in the Agreement that requires the City to waive its right to a trial by jury shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 12.ALTERNATIVE DISPUTE RESOLUTION.To the extent the Agreement requires all disputes to be resolved by binding arbitration,any such provision shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. Prior to instituting litigation under the Agreement, the parties may agree to mediation upon written mutual consent.Any such mediation shall be governed by the applicable rules of the American Arbitration Association,with mediation being held in Tarrant County,Texas. Each party shall share equally in the costs of the mediator,and shall be responsible for its own attorney's fees and expenses. SECTION 13. LIMITATION ON CLAIMS.Any claim for breach of this Agreement shall be brought within four(4)years in accordance with Texas Civil Practices and Remedies Code Sec. 16.004 and Texas Business and Commerce Code Sec.2.725.To the extent the Agreement requires a shorter period for limitation on claims,any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 14.FORCE MAJEURE. Either party may terminate this Agreement and shall not be liable for any alleged damages or loss due to failure to perform its obligations under this Agreement if the performance is delayed or canceled by reason of a Force Majeure event, including but not limited to, war; civil commotion;acts of God;inclement weather;Government restrictions,regulations,or interferences;fires;labor strikes;material shortages;lockouts,national disasters;epidemics;pandemics; riots;transportation restrictions;or any other circumstances which are reasonably beyond the control of the party. Government Contract and Purchasing Rider For Contracts with the City of North Richland Hills,TX Vendor Name: 908 Devices Inc Page 2 of 3 CA-CONTRACT NO. PUR0006-20220107—Rev 10/01/2024 SECTION 16.RIGHT TO AUDIT.The City shall, until the expiration of three (3)years after final payment under the Agreement, have the right to access and the right to examine and photocopy any directly pertinent books, documents, papers and records, whether electronic or hardcopy (collectively "Records")of Contractor involving transactions under this Agreement to ensure compliance herewith.The City shall have the right to access Contractor's Records during normal working hours and shall provide Contractor with reasonable advance notice of intended audits,but not less than ten(10)business days. SECTION 16. SUCCESSORS AND ASSIGNS. The parties each bind themselves and their successors, executors, administrators and assigns to this Agreement and to all covenants of this Agreement hereafter. SECTION 17. CITY'S LOGO OR MARKS.The City's logo is protected by applicable federal and state copyright and trademark laws. Contractor may not use the City's name in a demeaning,obscene or detrimental manner as determined by the City in its sole discretion,and Contractor shall not use the City's logo in any manner,except as specifically approved by the City in writing. SECTION 18.RIDER CONTROLLING: If any provisions of the attached Agreement,conflict with the terms herein of this Government Rider,are prohibited by applicable law,conflict with any applicable rule, regulation or ordinance of the City,the terms in this Government Rider shall control. By signature below of an authorized representative,the parties hereby accept and agree to the terms and conditions set forth in this Government Rider. CITY OF NORTH RICHLAND HILLS: 908 Devices Inc. By: By: Paulette A. Hartman Name: Jim Fitzpatrick City Manager Title: Senior Director Date: Date: ATTEST: By: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: By: Bradley A.Anderle City Attorney Government Contract and Purchasing Rider For Contracts with the City of North Richland Hills,TX Vendor Name: 908 Devices Inc Page 3 of 3 CA-CONTRACT NO. PUR0006-20220107—Rev 10/01/2024 From: Jim Fitzpatrick To: Terri Bounds Cc: Ryan Hyatt Subject: Review of Government Contract and Purchasing Rider for Quote#908204987 Date: Friday,September 4, 2026 12:20:53 PM Attachments: ima e001.pna Terri, Happy Friday. I have reviewed Government Contract and Purchasing Rider for Quote #908204987. This is formal notification that it is approved by 908devices. I will be the person who will sign this after Council approval. Jim 9 ces .JIIIM 11--117ZI-pATiRiUK Senior Director, North America Public Safety Sector Jim.fitzpatrick@908devices.com M:203-456-4423 'f,)„.di Vic,sxoiri ;�k, I,;,�x�xl L;:.i.f.91 ,�.:Ilii?. Iox Ir; lh+: To ensure you continue receiving messages from us,please subscribe to confirm. You may ua5ubscr,i,be,at any time. Sole Source/Sole Brand Justification Form Complete this form when only one source is available for goods or services requested or when only one product will meet your needs. Respond to all questions that apply. Please complete and forward it to the Purchasing Department, along with Sole Source letter provided by vendor. If more space is needed, please attach additional page(s). PURCHASE INFORMATION 1. Provide Estimated Price. $149,700.00 2. Provide name,manufacturer,and model number of item being purchased or the services to be purchased. 908 Devices Inc- Purchase of 6 NIR Labs (NIR-0105-2) handheld near-infrared spectrometer for in-field material identification and quantification with a 5 year NIRLab SW subscription, narcotics identification and quantification algorithm. 3. Provide Description of requested items or services and their purpose(s).Add additional sheet if needed. The NIR-0105-2 is a portable near-infrared(NIR)spectoscopy device designed for on-scene identification and quantification of drugs and other materials without sample preparation. The device allows for the identification of up to three substances in a mixture,including cutting agents and precursor chemicals. This device allows for an instant download of the analysis to a cell phone,tablet,or computer to utilize in warrant applications or attach to a probable cause statement for immediate arrests.It allows for not only identification of a substance,but the purity level as well. What also sets this device apart is that no opening or packages or handling of the actual substance are required,which results in reduced exposure risks to the officer. 4. Reason(s)for requesting a sole source purchase: I Original manufacturer or provider. ❑Only local distributor for the original manufacturer or provider. ❑Only known item or service matching the requested needs or performing the intended task. ❑Sole provider of a licensed or patented good or service. 6 Sole provider of items compatible with existing equipment,inventory,systems,programs or services. ❑Sole provider or factory-authorized warranty service. ❑ None of the above applies(Please attach a detailed explanation and justification for this sole source request.) 5. Explain why the product or service requested is the only one that can satisfy your requirements. 908 Devices Inc is the manufacturer of the handheld NIR Lab. They are the only authorized point of service, support and maintenance for this system, including certified training, warranty, repair, upgrades and technical support. This device will utilize the same narcotics identification library for the analysis comparison for identification that the other 908 devices the TAG Office uses. 6. Identify other sources reviewed and why they are unacceptable.Be specific with regard to specifications.Attach additional pages if necessary. Purchase will be made with TAG Grant#2848911 funds as the Governor's Office has extended this grant to 10/31/2026 and has given their approval for this purchase. I certify that the above statements are true and correct,and that no other material fact or consideration offered or given has influenced this recommendation for a sole-source or proprietary purchase. Terri Bounds Grant Specialist Police Print/TypeName Digitally signed by Jeff Print/TypeTitle Department Jeff Garneroate 2026.09.03 817-427-7078 9/3/26 Department D'Irecibit"MiM9ture Date Telephone Number PURCHASING USE ONLY Camille Digitally signed by Camille Alford Approved by: Alford Date:2026.09.10 Date: 13,5929-05'00' Purchasing Manager(or designee) Purchasing Department 4301 City Point Drive•North Richland Hills,TX 76180•P:(817)427-6150•F:(817)427-6151 rev.10/2024 44 V Ave, Burlington, A 0 803 908devices908devices,corn May 2026 To whom it may concern: The purpose of this letter is to support sole brand justification for the acquisition of goods and/or services. 908 Devices is the sole manufacturer and sole service provider of the XplorlR handheld gas identifier, the ThreatlD solids, liquids and gas identification system, the VipIR dual technology platform, the ProtectlR solids and liquids identification system, the MX908 handheld Mass Spec and the handheld NIRlab drug identification technology. Additionally, 908devices is the only authorized point of service, support, and maintenance for these systems, including certified training,warranty, repair, upgrades and technical support. Please feel free to contact me on any issue regarding this matter at (203) 456-4423 or jim.fitzpatrick@ 08devices.com. Sincerely, D (& /-64? t/�%G/C� Jim Fitzpatrick Senior Director, State and Local 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. 2026-1512215 908 Devices Inc. Burlington, MA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/04/2026 being filed. North Richland Hills Police Department 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. G R802600 NIRLab handheld narcotics identification system with quantification. 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. X 6 UNSWORN DECLARATION My name is Ryan Hyatt and my date of birth is My address is 44 3rd Ave Burlington MA 01803 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Burlington County, State of MA on the 04 day of September 20 26 (month) (year) R. Hyatt 9/4/26 Sig t e rized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.4a4bf2cb "I"wFt hJOKTH KIC:HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Consider Resolution No. 2026-053, authorizing submission of the application and acceptance of allocated funds if awarded in the amount of $12,671 for the Office of Justice Programs' Bureau of Justice Assistance (BJA) FY 2026 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — Local Formula. PRESENTER: Jeff Garner, Chief of Police SUMMARY: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the leading source of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement. Specifically, the funds from this grant may be used to purchase equipment for law enforcement. $12,671 has been allocated to North Richland Hills with the FY 2026 grant. There is no match requirement. The North Richland Hills Police Department intends to purchase an investigative software tool for the crime lab with the grant funds. GENERAL DESCRIPTION: The North Richland Hills Police Department proposes to use JAG funds for law enforcement related activities to purchase an investigative software tool for the crime lab with the awarded grant funds. The investigative software is designed to improve efficiency of investigations and assist in building criminal patterns which can lead to a higher solvability rate in cases. The software is server based and CJIS compliant. Grant submission deadline is October 16, 2026. RECOMMENDATION: Approve Resolution No. 2026-053. RESOLUTION NO. 2026-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING SUBMISSION OF THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS, IF AWARDED, IN THE AMOUNT OF $12,671.00 FOR THE OFFICE OF JUSTICE PROGRAMS' BUREAU OF JUSTICE ASSISTANCE (BJA) FY 2026 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM — LOCAL FORMULA. WHEREAS, the City of North Richland Hills, Texas, possesses legal authority to apply for and to make appointments for the conduct of business relative to the Bureau of Justice Assistance (BJA) FY 2026 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — Local Formula; and WHEREAS, the City Council of the City of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to request the funds available under this program to purchase an investigative software tool. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council of the City of North Richland Hills hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council of the City of North Richland Hills hereby authorizes and approves the submission of the application and acceptance if awarded for the Office of Justice Programs' Bureau of Justice Assistance FY 2026 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — Local Formula. SECTION 3. The City Council of the City of North Richland Hills designates the Chief of Police as the grantee's authorized official, with the power to apply for, accept, reject, alter, or terminate the funding request on behalf of the applicant agency. SECTION 4. The City Council of the City of North Richland Hills agrees that the loss or misuse of BJA funds or failure to comply with all BJA award requirements may result in suspension or termination of award funds, the repayment of award funds, and/or other remedies available by law. SECTION 5. All Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. Resolution No. 2026-053 Page 1 of 2 SECTION 6. This Resolution shall take effect and be in full force and effect from and after the date of its adoption. PASSED AND APPROVED on this 12th day of October, 2026. CITY OF NORTH RICHLAND HILLS Jack McCarty, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Bradley A. Anderle, City Attorney APPROVED AS TO CONTENT: Jeff Garner, Chief of Police Resolution No. 2026-053 Page 2 of 2 k4Ft hJOIF LH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Consider authorizing the City Manager to execute an agreement for engineering services with Garver, LLC for the Watauga Ground Storage Tank Rehabilitation Project in an amount not to exceed $132,494. PRESENTER: Kenneth Garvin, Public Works Operations Manager SUMMARY: The Public Works Department recommends executing an agreement for engineering services with Garver, LLC for engineering design, bidding support, and construction administration services for the Watauga Ground Storage Tank Rehabilitation Project. The proposed contract is structured as a lump-sum amount not to exceed $132,494. GENERAL DESCRIPTION: Located at 5141 Western Center Boulevard and originally constructed in 1978, the 2- million-gallon Watauga Ground Storage Tank (GST) is a critical component of the City's municipal water distribution network. As a large-scale ground-level balancing reservoir, the Watauga GST stores fully treated drinking water to support daily system pressures and absorb peak demand fluctuations without placing excessive strain on supply mains or pumping infrastructure. Beyond routine operational support, the tank provides vital emergency reserves required for firefighting and power outages while ensuring the City continuously meets storage and pressure mandates required by the Texas Commission on Environmental Quality (TCEQ). Because water storage tanks are continuously exposed to water on the inside and harsh weather on the outside, their protective coating systems inevitably degrade over time. Periodic rehabilitation, specifically stripping compromised linings, making structural repairs, and applying high-performance protective coatings, halts corrosion, preserves water quality, and extends the operational life of the tank by several decades at a fraction of the cost of full replacement. The proposed design and rehabilitation project for the Watauga GST represents a step in the City's proactive infrastructure maintenance program. The scope of work, which encompasses structural repairs, complete coating replacement, safety and security upgrades, and hydraulic mixing evaluation, closely resembles the successful rehabilitation of the College Hills GST near the Davis Boulevard and Smithfield Road intersection completed in 2023. k4Ft hJOIF LH KICHLAND HILLS To execute this project, the Public Works Department selected Garver, LLC from the City's pre-approved engineering consultant pool. Garver has successfully delivered prior utility engineering projects for the City, and staff remains confident in their familiarity with water distribution regulatory and industry standards, technical expertise, and ability to deliver this critical asset improvement effectively. The agreement is for an amount not to exceed $132,494, billed monthly by percent completion. Funding is included in the FY 2027 Capital Budget in project UT2601. RECOMMENDATION: Authorize the City Manager to execute an agreement for engineering services with Garver, LLC for the Watauga Ground Storage Tank Rehabilitation Project in an amount not to exceed $132,494. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND Garver, LLC I. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Paulette A. Hartman, its duly authorized City Manager (hereinafter called "CITY"), and Garver, LLC, an Arkansas limited liability company, (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the WATAUGA GROUND STORAGE TANK REHABILITATION PROJECT. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the WATAUGA GROUND STORAGE TANK REHABILITATION PROJECT in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services," said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall perform services with the level of professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances in the Dallas/Fort Worth Metroplex area. Subject to the foregoing standard, such services shall be of professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES Additional Engineering Services are defined in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. No Additional Engineering Services are authorized unless authorization for specified additional services are provided to ENGINEER by CITY in writing and approved by CITY. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City", attached hereto and made a part of this Agreement. ENGINEER may reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation." B. Total payments including without limitation reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed ONE HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED AND NINTY- FOUR DOLLARS AND ZERO CENTS ($132,494.00). Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER for the City under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall retain ownership of all underlying intellectual property, if any (unless provided by CITY), such that ENGINEER may continue to perform its business in the normal course. Upon payment in full, ENGINEER will grant CITY an irrevocable, non-exclusive, royalty-free license to use the same for the purposes contemplated under this Agreement. ENGINEER shall not be liable for the CITY's use or modification of any deliverables for any project other than the PROJECT described in this Agreement. To the extent allowed under applicable law, CITY releases ENGINEER and its subconsultants from all claims arising out of CITY's unauthorized use or modification of deliverables. X. INDEMNITY ENGINEER AND ITS SUBCONSULTANTS SHALL INDEMNIFY AND HOLD CITY AND ALL OF ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSES, ON ACCOUNT OF DAMAGE TO TANGIBLE PROPERTY AND BODILY INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF ENGINEER OR ITS SUBCONSULTANTS, AND ALL OTHER PERSONS PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS, TO THE EXTENT CAUSED BY OR RESULTING FROM ANY NEGLIGENT ACT, ERROR, OR OMISSION BY ENGINEER OR ITS SUBCONSULTANTS IN THE PERFORMANCE OF ENGINEER'S PROFESSIONAL SERVICES OR IN THE PREPARATION OF EVALUATIONS, REPORTS, SURVEYS, DESIGNS, WORKING DRAWINGS, SPECIFICATIONS AND OTHER ENGINEERING DOCUMENTS PREPARED UNDER THIS AGREEMENT AND INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH; ENGINEER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 OF THEM ON ACCOUNT OF THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS OR OMISSIONS, AND SHALL PAY ALL REASONABLE EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM, IN CONNECTION WITH THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS, OR OMISSIONS; PROVIDED AND EXCEPT HOWEVER, THAT THIS INDEMNIFICATION PROVISION SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR HOLD CITY OR ANY OF ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO PROPERTY OR INJURIES TO PERSONS TO THE EXTENT CAUSED BY OR RESULTING FROM CITY'S NEGLIGENT ACT, ERROR OR OMISSION, OR DEFECTS OR DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED TO ENGINEER BY CITY, OR ANY SIGNIFICANT DEVIATION IN CONSTRUCTION FROM ENGINEER'S DESIGNS, WORKING DRAWINGS, SPECIFICATIONS OR OTHER ENGINEERING DOCUMENTS. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the technical accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants 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. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 per claim The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or non-renewed without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid for services Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 performed shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services." Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. In no event shall CITY audit financial records that are proprietary to ENGINEER; specifically, records associated with lump sum services, unit prices, fixed fees or rates agreed upon. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Services to be provided by the City Exhibit "D" Compensation Exhibit "E" Form 1295 XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the prevailing party in any Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 litigation between the parties to this agreement shall be entitled to reasonable attorney fees. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Garver, LLC Attn: Paul Banschbach, P.E. 500 West 7th Street, Suite 1400 Fort Worth, TX 76102 If to CITY: City of North Richland Hills Attn: Kenneth Garvin Public Works Operations 7200A Dick Fisher Drive South North Richland Hills, Texas 76180 With Copies to the City Manager and City Attorney at the same address. D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership orjoint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including but not limited to personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. I. Limitation of Liability. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, ENGINEER'S (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED 100% OF THE AGREEMENT PRICE. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION, HOWEVER ALLEGED OR ARISING, EXCEPT TO THE EXTENT DAMAGES ARE CAUSED BY ENGINEER'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. J. Consequential Damages Waiver. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND REGARDLESS OF THE CAUSE OR ACTION (INCLUDING NEGLIGENCE OF ANY KIND OR CHARACTER INCLUDING GROSS NEGLIGENCE). Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of 2026. CITY OF NORTH RICHLAND HILLS Garver, LLC (CITY) (ENGINEER) By: By: Name Lance Klement, PE City Manager Principal Date: Date: ATTEST: ATTEST: Name City Secretary/Chief Governance Officer Notary Public in and for the State of Texas APPROVED TO FORM AND LEGALITY: City Attorney Name My Commission Expires: CITY SEAL CORPORATE SEAL Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 EXHIBIT A PROJECT SCHEDULE FOR WATAUGA GROUND STORAGE TANK REHABILITATION PROJECT PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Due Date Notice To Proceed from City November 9, 2026 Submit Preliminary 60% Plans February 19, 2027 Receive City Review Comments March 12, 2027 Submit 90% Plans April 23, 2027 Receive Final City Review Comments May 14, 2027 Submit Final 100% Plans for Bid July 2, 2027 Note: Due dates shown are submittal dates of task activities listed. Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 EXHIBIT B BASIC ENGINEERING SERVICES FOR WATAUGA GROUND STORAGE TANK REHABILITATION PROJECT General: The scope of services included are for professional engineering services to develop construction plans and specifications to repair and rehabilitate the 2 million-gallon (MG) Watauga (Western Center) Ground Storage Tank. The project is located at 5141 Western Center Blvd, Fort Worth, TX 76137. Engineering services will include field investigation activities, recommendations for repair and rehabilitation and design approach, construction plans and specifications, construction administration, and periodic welding and coatings inspection during construction. Project Assumptions: • Watauga (Western Center) Ground Storage Tank rehabilitation will include: o The existing coating system on the interior and exterior should be removed. The interior should be prepped to a bare metal finish SSPC SP-10, The exterior coating system is to be blasted to a commercial clean SSPC SP-6 for the proposed coating system. o Replace corroded roof rafters and weld to roof plate. o Contain, treat, and dispose of all hazardous waste, if necessary. Render hazardous waste non-hazardous prior to disposal. o Replace interior wet ladder and exterior ladder including updating the rigid rail safety climb system. o Weld/pit repairs on wet area of tank interior. o Replace vent hoods with new stainless-steel hoods and stainless-steel insect screen. o Install sealant to exposed areas above the water line on the tank interior wet area. o Replace 3-strand barbed wire on chain link fence to meet current TCEQ intruder-resistant regulations. o Replace splash pad and re-grade area as necessary. o Repair concrete ring beam and install mow strip. o Clean and disinfect tank and perform bacteriological testing prior to placing tank back in service. o New exterior logo Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 BASIC SERVICES Task 1 — Project Administration and Coordination 1.1. Consultant will conduct, prepare an agenda, and prepare meeting notes for project kick-off meeting. Kick-off meeting will be virtual. 1.2. Consultant will establish and maintain project schedule, develop monthly progress reports, and prepare invoices for the duration of the project's design and bidding phases up to eight(8) months. Task 2—Data Collection and Condition Assessment 2.1. Data Collection. Consultant will collect, compile, and evaluate existing data provided by the City, if available: • Tank inspection reports • Tank manufacturer's construction drawings • Record drawings 2.2. Condition Assessment. Consultant will perform necessary field investigations to develop an accurate understanding of the condition and service of existing facilities. This scope is intended to confirm the findings of the previously developed tank inspection report performed by Birkhoff, Hendricks & Carter and does not include a formal deliverable. Any additional recommendations identified during this assessment will be provided to the City for consideration. Task 3—Tank Mixing Evaluation 3.1. Consultant will evaluate a Kasco mixer and prepare a brief technical memorandum (TM) which summarizes the analysis and provides a recommendation for the Watauga GST based on water quality information provided by the City. No CFD modeling is included in this task. Submit TM to the City staff for review and comment. Incorporate mixer, if chosen, into design documents. Task 4— Preliminary Design (60%). 4.1. Consultant will develop the preliminary design of the repairs and improvements in one bid package. The following is an estimated sheet list: 1.Cover sheet (assume 1 sheet) 2.Location/Key map (assume 1 sheet) 3.General notes, legend, abbreviations (assume 1 sheet) 4.Site plan (assume 1 sheet) 5.Tank elevation and details (assume 1 sheet) 6.Tank repair details (assume 2 sheets) 7.Tank appurtenances (assume 2 sheets) 8.Tank mixing system and details (assume 1 sheet) 9.Civil detail sheet (assume 1 sheet) Estimated total number of sheets: 11 Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 4.2. Prepare a specification index and preliminary technical specifications. No front-end specifications are included in this submittal. 4.3. Prepare an estimate of construction quantities and develop an AACE Class 3 OPCC. 4.4. Conduct a virtual workshop with the City to review comments and design considerations. Assumptions: a. Base drawing shall be based on record drawings and pictures. No topographic survey will be conducted. b. Consultant will summarize City comments and provide response to comments Deliverables: a. Half size (11"xl7") in PDF format of the Preliminary Design (60%) plans. b. Digital copy in PDF format of the Preliminary Design (60%) technical specifications. c. AACE Class 3 OPCC. Task 5—Final Construction Documents (90%) 5.1. Following approval of the 60% design plans, Consultant will prepare 90% design plans for all sheets. 5.2. Following approval of the 60% specifications, Consultant will prepare 90% specifications. These specifications will include all technical specifications. 5.3. Prepare the front-end documents including proposal forms, notice to bidders, bid forms, and bond forms. Front-end documents will be based on EJCDC. 5.4. Prepare an estimate of construction quantities and develop an AACE Class 2 opinion of probable construction cost (OPCC). 5.5. Conduct a virtual workshop with the City to review comments and design considerations. Assumptions: a. Consultant will summarize City comments and provide response to comments Deliverables: a. Half size (11"xl7") in PDF format of the Final Design (90%) plans. b. Digital copy in PDF format of the Final Design (90%) technical specifications. c. AACE Class 2 OPCC. Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 Task 6— Bid Ready Documents 6.1. Following approval of the 90% design plans, Consultant will incorporate comments received on the 90% submittal and prepare Bid-Ready design plans for all sheets. 6.2. Following approval of the 90% specifications, Consultant will incorporate comments and prepare Bid-Ready specifications. These specifications will include all technical specifications and the front-end documents including proposal forms, notice to bidders, bid forms, and bond forms. 6.3. Update the estimate of construction quantities and develop an AACE Class 2 opinion of probable construction cost (OPCC). 6.4. Submit contract documents to the TCEQ for approval(digital copy in PDF format of plans,technical specifications, and contract documents). 6.5. Incorporate TCEQ comments, if any, and issue contract documents for bidding. Bid ready documents shall be electronic PDF format and shall be searchable. Task 7— Bid Advertisement It is anticipated that the project will have one advertisement/bidding phase. During the bidding phase of the project, Consultant will: 7.1. Support the contract documents by responding to questions via Public Purchase and preparing addenda as appropriate. 7.2. Participate in a one-hour pre-proposal meeting including a site visit with interested contractors. 7.3. Prepare bid tabulation and review proposals. 7.4. Recommend award. 7.5. Prepare contracts for execution. 7.6. Conform documents by attaching addenda into the "Issued for Construction" documents. Task 8—Construction Phase Administration During the construction phase of work, Consultant will accomplish the following: 8.1. Attend preconstruction meeting in-person, print and distribute hard copies of plans (half-sized), technical specifications, and executed contract documents. 8.2. Evaluate and respond to construction material submittals and shop drawings. Corrections or comments made by Consultant on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications. The check will only be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The Contractor will be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his work with that of all other trades, and performing his work in a safe and satisfactory manner. Consultant's review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Consultant shall be entitled to rely upon such submittal or implied certification to establish that the materials,systems or equipment will meet the performance criteria required by the Contract Documents. 8.3. Issue instructions to the Contractor on behalf of the City and issue necessary clarifications regarding the construction contract documents. Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 8.4. Perform visual welding and hold-point coating inspection by a certified inspector on an on-call basis. This scope assumes weekday work with up to 40 days of on-site inspection provided. 8.5. Prepare and furnish record drawings based on Contractor's red-lines. 8.6. Support the City in preparing change orders for changes in the work that was originally provided for in the construction contract documents. 8.7. Participate in final in-person project inspection, prepare punch list, review final project closing documents, and submit final pay request. In performing construction observation services, Consultant will endeavorto protect the City against defects and deficiencies in the work of the Contractor(s); but Consultant cannot guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor(s) takes or should take. However, if at any time during construction Consultant observes that the Contractor's work does not comply with the construction contract documents, Consultant will notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. Consultant will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, Consultant will notify the City immediately, so that appropriate action under the City's contract with the Contractor can be taken. Deliverables: a. Full size (22"x34") in PDF format of the record drawings. b. Digital copy in PDF format of the record drawing technical specifications. c. Digital copy of CAD project CAD files. EXTRA WORK The following items are not included under this agreement but will be considered as extra work: 1. Services that may result from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, City's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond Consultant's control. 2. Services which are to be furnished by the City and services not otherwise provided for in this Agreement will be agreed upon between City and Consultant prior to such additional services being provided. 3. Security improvements. 4. Public meetings or tank renderings. 5. Condition assessment of buried piping. 6. Piping replacement. 7. Electrical improvements 8. Design of cathodic protection system. 9. Leak detection of buried piping. 10. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The construction contract documents will require the Contractor to prepare, maintain, and submit a SWPPP. 11. Perform SUE services. 12. Construction materials testing. Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 13. Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. 14. Coordination with FEMA and Preparation/submittal of a CLOMR and/or LOMR. 15. Services after construction, such as warranty follow-up, operations support. 16. Funding and/or Financial Assistance. Extra Work will be as directed by the City in writing for an addition fee as agreed upon by the City and Consultant. Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 EXHIBIT C SERVICES TO BE PROVIDED BY THE CITY FOR WATAUGA GROUND STORAGE TANK REHABILITATION PROJECT The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built plans for existing streets and drainage facilities, if available. III. Provide any available As-Built plans for existing water and sanitary sewer mains, if available. IV. Provide standard details and specifications in digital format. V. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 EXHIBIT D COMPENSATION FOR WATAUGA GROUND STORAGE TANK REHABILITATION PROJECT I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. A. Compensation for the Basic Engineering Services shall be completed for lump sum fee not to exceed $132,494.00. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). III. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services"). Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 EXHIBIT E FORM 1295 FOR WATAUGA GROUND STORAGE TANK REHABILITATION PROJECT [Form 1295 is submitted as the following page] Engineering Services Agreement—WGT Rehab Project, Page 1 of 22 CA-CONTRACT NO. PW0008_20210401 Rev. 1-31-2024 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fi Comptele INlos.I-4 and 6 if there are iinterested parties. OFFICE USE GNLY Complete Nios.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filling form,and the city,state and country of the business entlity's place Certificate Number: of business. 202 il 1520 16 7 GARVER, LLC FORT WORTH,TX United States IDate Filled-, 2 Name of governmental entity or state agency that!is a party to the contract for which the form is 0912312026, being filled!. City of North Richland H111111s,TX IDate 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, UT 26,01, Watal Ground Storage Tank Rehab 4 Nature of interest IName of Interested Party City,State,Country(place of busliness), (check applicable) Controlling Intermediary HIO�SKINS, BROCK FORT WOR"fll United States, X GRAVES, MICHAEL FORT WOR rH, jrX United States X SCHNIERS, BIREIN'T' FoR'r WORTH,TX United States X SOBER,JEFFREY PORT WORTH,TX United States X MOTT,JR.,Wrn. EARL FORT WORTH,TX United States, X HOLDER,JR,, JERRY FORT WORTH,TX United States, X MIC111,11WAIIN, FRANK FORT WORTH,TX United States, X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARA71ON My narne is Lance Klement and my date of birth is My address is 500 West 7th Street, Suite 14010 Fort Worth -, TX 76102 USA (city), (stal (Zip Code) (country) dedare under penalty of perjury that the foregoing is true andl correct. Executed in Tarrant County, State of Texas on thie 23rd day of September ,20 26 tmonth) (year) j Signature of authorized agent of contracting business entity (Dell Forl provided by Texas Ethics Corrimission www.ethics.s(atl Version V4.1.0.4a4bf2cb k4Ft hJOIF LH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Authorize the purchase of a replacement Frazer ambulance from Sterling McCall Ford in the amount of $431,250.90 utilizing H-GAC Contract #AM10-23 and approve Amendment No. 1 to the Cooperative Purchase Customer Agreement. PRESENTER: Kenneth Garvin, Public Works Operations Manager Summary: City Council is being asked to authorize the purchase of a replacement Frazer ambulance for Fiscal Year 2027 from Sterling McCall Ford under H-GAC Contract #AM10-23 in the amount of $431,250.90 and approve Amendment No. 1 to the Cooperative Purchase Customer Agreement adjusting the total contract ceiling to $1,375,148.90. General Description: The approved Fiscal Year 2027 Capital Improvement Program includes funding for the replacement of a 2018-year model ambulance, Unit#9009. Fire-Rescue maintains seven ambulances: four in front-line mobile intensive care unit (MICU) service and three in reserve status. Following a seven-year revolving replacement schedule (four years in primary service, followed by three years in reserve), receiving this new unit will transition Unit #9030 from front-line to reserve status, maintaining fleet reliability and readiness. The City has utilized Houston-built Frazer emergency vehicles for over 20 years due to their high build quality, demountable/remountable modular design, and standardized layout. Based on Frazer Estimate No. Z5890-0001, the unit configuration and itemized cost breakdown are as follows: • • • - ® - • • - - • " 1 111 • 2027 Ford F-550 Gas 4x4 Regular Cab Chassis (108" Cab to Axle) $77,000.00 Frazer Type 1 14-Foot Custom Body Module $340,125.00 Published Options & Equipment (6.3kW Generator, Pulley, Triple $3,125.90 Glove Holder) H-GAC Order Processing Fee & Customer Contingency Fund $11,000.00 Total Purchase Price (CIP Project FS2702) $431,250.90 k4Ft hJOIF LH KICHLAND HILLS Funding for this purchase is included in the approved Fiscal Year 2027 Capital Budget through FS2702. Approval authorizes Amendment No. 1 to the Cooperative Purchase Customer Agreement with Sterling McCall Ford under H-GAC Contract #AM10-23, adjusting the multi-unit agreement cap to $1,375,148.90 through September 30, 2027. Due to manufacturing lead times, delivery is scheduled for the fourth quarter of 2027. Recommendation: Authorize the purchase of a replacement Frazer ambulance from Sterling McCall Ford in the amount of$431,250.90 utilizing H-GAC Contract#AM10-23 and approve Amendment No. 1 to the Cooperative Purchase Customer Agreement. DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 Houston-Galveston Area Council P.O.Box 22777 •3555 Timmons • Houston,Texas 77227-2777 Cooperative Agreement-Contract-Frazer,Ltd.-Public Services-Ill: 11104 MASTER GENERAL PROVISIONS This Master Agreement is made and entered into,by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston,Texas 77027 and Frazer,Ltd.,hereinafter referred to as the Contractor,having its principal place of business at 7219 Rampart Street, Houston,TX 77081. WITNESSETH: WHEREAS,H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement;and WHEREAS,the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement; NOW,THEREFORE,H-GAC and the Contractor do hereby agree as follows: TICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable,has authorized the signatory official(s)to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders,policies,procedures,applicable rules,regulations,directives,standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation,workers' compensation laws,minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required,the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: PUBLIC INFORMATION Except as stated below,all materials submitted to H-GAC, including any attachments,appendices,or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted,published, or distributed in any manner by H-GAC according to open records laws,requirements of the US Department of Labor and the State of Texas,and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so;however,the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process. ARTICLE 4: INDEPENDENT CONTRACTOR The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor.No provision of this Master Agreement or act of H- GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC,the State of Texas, or the United States Government. Employees of the Contractor are Page 1 of 13 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618AEB8 subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR Contractor will not collude,in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade. ARTICLE 6: SUSPENSION AND DEBARMENT Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(2 CFR 180.220)must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR Part 1966 Comp. p. 189)and 12689(3 CFR Part 1989 Comp. p.235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended,or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to the Federal Rule above,Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances.H®GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended,ineligible,or voluntarily excluded from the covered contract,unless the H®GAC knows the certification is erroneous. ARTICLE'7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOE 'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC's goal is to assure that small and minority businesses,women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract.In accordance with federal procurements requirements of 2 CFR§200321, if subcontracts are to be let,the prime contractor must take the affirmative steps listed below: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements,when economically feasible,into smaller task or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable.The Small Business Administration (SBA)is the primary reference and database for information on requirements related to Federal Subcontracting httpsa/www.sba.gov/federal-contracting,/contracting-wide/prime- subcontracting NOTE:The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business(SDB),Historically Underutilized Business(HUB),Minority Owned Business Enterprise(MBE), Women Owned Business Enterprise(WBE)and Disabled Veteran Business Enterprise(DVBE) or other designation as issued by a certifying agency. Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals,as may be required by any rules,processes,or programs they might have in place. Assistance may include compliance with reporting requirements,provision of documentation,consideration of Certified/Listed subcontractors,provision of documented evidence that an active participatory role for a DBE entity was Page 2 of 13 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-46AD1618DEB8 considered in a procurement transaction,etc. ARTICLE 8: SCOPE OF SERVICES The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement. ARTICLE 9: PERFORMANCE PERIOD This Master Agreement shall be performed during the period which begins Oct 01 2023 and ends Sep 30 2027. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement. ARTICLE 10: PAYMENT OR FUNDING Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract. ARTICLE 11: PAYMENT FOR WORK The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of subsequent invoice. ARTICLE 12. PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment,pre-payment,progress payment, or quantity discounts are offered,they must be clearly indicated in the Contractor's submission prior to contract award.The applicability or acceptance of these terms is at the discretion of the Customer. ARTICLE 1 : REPORTING REQUIREMENTS If the Contractor fails to submit to:H-GAC in a timely and satisfactory manner any report required by this Master Agreement,or otherwise fails to satisfactorily render performances hereunder,H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions.H-GAC has final determination of the adequacy of performance and reporting by Contractor.Termination of this Master Agreement for failure to perform may affect Contractor's ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement. TICLE 14: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this:Master Agreement as outlined and defined in the attached Special Provisions. ARTICLE 1 : SUBCONTRACTS AND ASSIGNMENTS Except as may be set forth in the Special Provisions,the Contractor agrees not to assign,transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right,title, obligation,or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor.The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices,and comply with all laws and regulations applicable to furnishing and performance of the work.Except where otherwise expressly required by applicable law or regulation,H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor's subcontractors,with any laws or regulations. ARTICLE 16: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be Page 3 of 13 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC. ARTICLE 17: TAX EXEMPT STATUS H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales,excise or use taxes.Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly. Exemption certificates will be provided upon request. TICLE 18: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement.H- GAC,through its staff or designated public accounting firm,the State of Texas, and United States Government, shall have the right at any reasonable time to inspect,copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period,but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement.The records to be thus maintained and retained by the Contractor shall include(without limitation): (1)personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work,as well as cancelled payroll checks, signed receipts for payroll payments in cash,or other evidence of disbursement of payroll payments; (2)invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and(3)paid invoices and cancelled checks for materials purchased and for subcontractors'and any other third parties'charges. Contractor agrees that 11-GAC will have the right,with reasonable notice,to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC.The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements. ARTICLE 19: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial,statistical,property,participant records, and supporting documentation for a period of no less than seven (7)years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation,claim,negotiation,audit or other action involving the records has been started before the expiration of the retention period,the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven(7)years,whichever is later,and until any outstanding litigation,audit,or claim has been fully resolved. TICLE 20: DISTRIBUTORS VENDORS RESELLERS Contractor agrees and acknowledges that any such designations of distributors,vendors,resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor,vendor,reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor,vendor,reseller, etc.to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor's behalf or refuse to add entities after a contract is awarded. ARTICLE 21: CHANGE ORDERS AND AMENDMENTS A. Any alterations,additions,or deletions to the terms of this Master Agreement,which are required by changes in federal or state law or by regulations,are automatically incorporated without written amendment hereto,and shall become effective on the date designated by such law or by regulation. Page 4 of 13 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 B. To ensure the legal and effective performance of this Master Agreement,both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice,unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein. C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications,qualifications,conditions, etc.The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by,H-GAC. ARTICLE 22: CONTRACT ITEM CHANGES A. If a manufacturer discontinues a contracted item,that item will automatically be considered deleted from the contract with no penalty to Contractor. However,H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC,at its sole discretion,to be in the best interests of its Customers. B. If a manufacturer mares any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. 14-GAC may allow or reject the change at its sole discretion. If the change is rejected,H-GAC will remove the item from its program and there will be no penalty to Contractor. However,H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion,to be in the best interests of its Customers. C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the'new'item is equal to or better than the originally contracted item,the'new'item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion,to be in the best interests of its Customers. D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract.However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval. ARTICLE 23: CONTRACT PRICE ADJUSTMENTS Price Decreases If Contractor's Direct Cost decreases at any time during the full term of this award,Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor's cost from the manufacturer of any item or if Contractor is the manufacturer,the cost of raw materials required to manufacture the item,plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below.The price decrease shall become effective upon H-GAC's receipt of Contractor's notice. If Contractor routinely offers discounted contract pricing,H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing. Price Increase Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor's Direct Cost and will not exceed 10%of Page 5of13 DocuSign Envelope ID:AA8CDOAC-84A0-4CE1-A373-06AD1618DEBB the previous bid price.Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors.Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section. Price Changes Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name(e.g., `surcharge', `adjustment', `equalization charge', `compliance charge', `recovery charge', etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract,requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet. All Products shall,at time of sale,be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor's actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect.Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer. Requesting Price Increase/Required Documentation Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase,along with an itemized list of any increased prices, showing the Contractor's current price,revised price,the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation(e.g.,notices from suppliers and manufacturers of pricing changes in products, components,transportation,raw materials or commodities, and/or product availability, copies of invoices from suppliers,etc.)clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index(PPI)may be used as partial justification, subject to approval by H-GAC,but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator,james.glover@h- ag_c.com. Review/Approval of Requests If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor's price increase, Contractor may terminate its performance upon sixty(64)days advance written notice to H-GAC,however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor's only remedy if H-GAG does not approve the price increase.H-GAC reserves the right to accept or reject any price change request. ARTICLE 2 : DELINERIES AND SHIPPING TERMS The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC.Delivery made without such Purchase Order will be at Contractor's risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five(5)working days,or as agreed to on any corresponding customer Purchase Order. Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order.The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery.All risk of transportation and all related charges are the responsibility of the Contractor.The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise. TICLE 25: RESTOCKING EXCHANGES AND RETURNS There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award.If the Customer wishes to return items purchased under an awarded contract,the Contractor agrees Page 6 of 13 DocuSign Envelope ID:AABCDQAC-84AO-4CE1-A373-06AD1618DEB8 to exchange,these items for other items,with no additional charge incurred. Items must be returned to Contractor within thirty(30) days from date of delivery. If there is a difference in price in the items exchanged,the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer's preference. On items returned,a credit or cash refund will be issued by the Contractor to Customer.This return and exchange option will extend for thirty(30)days following the expiration of the term of the Contract.All items returned by the Customer must be unused and in the same merchantable condition as when received.Items that are special ordered may be returned only upon approval of the Contractor. TICLE 26: MANUALS Each product delivered under contract to any Customer must be delivered with at least one(1)copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s)must be included in the price for the Product offered. ARTICLE 27: OUT OF STOCK,PRODUCT RECALLS,AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys,are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer's Purchase Order. Contractor is not authorized to make substitutions without prior approval. ARTICLE 28: WAR]RANTIESSALESAND SERVICE Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer's standard warranty and will not be a substitute for such.Pricing for any product must be inclusive of the standard warranty. Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party. ARTICLE 29: TERMINATION PROCEDURES The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default. H-GAC will not pay for any expenses incurred after the termination date of the contract. A. Convenience H-GAC may terminate this Master Agreement at any time,in whole or in part,with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC,by providing written notice by certified mail to the Contractor.Upon receipt of notice of termination,all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Master Agreement upon submission of thirty(30)days written notice,presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H®GAC. B. Default H-GAC may, by written notice of default to the Contractor,terminate the whole or any part of the Master Agreement, in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever,or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten(10)days (or such longer period of time as may be authorized by H-GAC in writing)after receiving written notice by certified mail of default from H-GAC. Page 7 of 13 DocuSign Envelope ID:AAKDOAC-84AO-4CE1•A373-06AD1618DEB8 (3) In the event of such termination,Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so,Contractor may be subject to a claim for damages from H-GAC and/or the End User. ARTICLE 30: SEVERABILITY H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable,such determination shall not affect any other term of this Master Agreement,which shall continue in full force and effect. ARTICLE 31: FORCE MAJEURE To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor,riot, fire,flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the parry's control and not attributable to its neglect or nonfeasance,in such event,the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 32: CONFLICT OF INTEREST No officer,member or employee of the Contractor or Contractors subcontractor,no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement. A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire(CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer's close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf.H-GAC officers include its Board of Directors and Executive Director,who are listed on this website.Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer's close family member as defined in the law exists. B. Certificate of Interested Parties Form—Form 129 : As required by Section 2252.908 of the Texas Government Code.H-GAC will not enter a Contract with Contractor unless(i)the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii)the Contractor is exempt from such requirement.The required form and instructions are Iocated at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC. ARTICLE 33: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance.With regards to"Rights to Inventions Made Under a Contract or Master Agreement," If the Federal award meets the definition of"funding Master Agreement"under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental, or research work under that"funding Master Agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Master Agreements," and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally,for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations.These may include,but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin;(b) Page 8 of 13 DocuSign Envelope ID:AA8CDOAC•-84AO-4CE1-A373-06AD1618DEB8 Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§ 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c)the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.),(d) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. §794),which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990;(e)the Age Discrimination in Employment Act of 1967(29 USC 621 et. seq.) and the Age Discrimination Act of 1974,as amended(42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f)the Drug Abuse Office and Treatment Act of 1972(P.L. 92- 255),as amended,relating to nondiscrimination on the basis of drug abuse;(g)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L. 91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912(42 U.S.C. 290 dd-3 and 290 ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records;(i)Title V1II of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing; 0)any other nondiscrimination provisions in any specific statute(s)applicable to any Federal funding for this Master Agreement;(k)the requirements of any other nondiscrimination statute(s)which may apply to this Master Agreement; (1)applicable provisions of the Clean Air Act(42 U.S.C. §7401 et seq.),the Federal Water Pollution Control Act,as amended(33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis-Bacon Act(40 U.S.C.276a-276a- 7),the Copeland Act(40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act(40 U.S.C. 327- 332),as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n)the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(P.L. 94-163). ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT(EFFECTIVE AUG. 13, 020 AND AS AMENDED OCTOBER 26,2020) Pursuant to 2 CFR 200.216,Contractor shall not offer equipment, services,or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities);2)for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure,and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities);3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. Respondent must comply with requirements for certifications.The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations.This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 35: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law,when using federal grant award funds H-GAC should,to the greatest extent practicable, provide a preference for the purchase,acquisition, or use of goods,products, or materials produced in the United States(including but not limited to iron, aluminum, steel, cement, and other manufactured products).H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money,then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance. ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC,the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity Page 9of13 DocuSign Envelope ID:AABCDOAC-84AO-4CE1-A373-06AD1618DEB8 through the filing of a written report within twenty-four(24)hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four(24)hours of such occurrence.Theft or willful damage to property on loan to the Contractor from H-GAC, if any,shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies,the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit,in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor's ability to perform services under this Master Agreement. ARTICLE 37: INDEMNIFICATION AND RECOVERY H-GAC's liability under this Master Agreement,whether for breach of contract,warranty,negligence, strict liability, in tort or otherwise,is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time,inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees,to the extent permitted by law,to defend and hold harmless H-GAC, its board members,officers, agents, officials,employees, and indemnities from any and all claims,costs, expenses(including reasonable attorney fees),actions, causes of action,judgements,and liens arising as a result of Contractor's negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement. ARTICLE 38: LIMITATION OF CONTRACTOR'S LIIABILITY Except as specified in any separate writing between the Contractor and an END USER,Contractor's total liability under this Master Agreement,whether for breach of contract, warranty,:negligence, strict liability, in tort or otherwise,but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder,and Contractor agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience,commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors,or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement. ARTICLE 39: TITLES NOT IIESTRICTIVE The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement. TICLE 40: JOINT FORK PRODUCT This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and,in the event of any ambiguities,no inferences shall be drawn against any party. ARTICLE 1: PROCUREMENT OF RECOVERED MATERIAL H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include: (1)procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000; (2)procuring solid waste management services in a manner that maximizes energy and resource recovery; and(3)establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.Pursuant to the Federal Rule above,as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent Page 10 of 13 DocuSign Envelope ID:AA8CDOAC-84AD-4CE1-A373-06AD1618DEB8 certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements. ARTICLE 42: COPELAD"ANTI-KICKBACK"ACT Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. ARTICLE 43: DISCRIMINATION Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination. These include,but are not limited to: a) Title VI of the Civil Rights Act of 1964(P.L. 88-352),which prohibits discrimination on the basis of race,color, or national origin; b) Title IX of the Education Amendments of 1972,as amended(20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended(42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age; e) The Drug Abuse Office and Treatment Act of 1972(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L. 91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) Sections 523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as amended,relating to nondiscrimination in the sale,rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made; and j) The requirements of any other nondiscrimination statute(s)that may apply to the application. ARTICLE 4 : DRUG FREE WORKPLACE Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable. For the purposes of this Section,"drug-free"means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation,possession, or use of a controlled substance. H-GAC may request a copy of this policy. ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions. ARTICLE 46: WARRANTY AND COPYRIGHT Submissions must include all warranty information, including items covered,items excluded,duration, and renewability. Submissions must include proof of licensing if using third party code for programming. ARTICLE 47: DATA HANDLING AND SECURITY It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables. Page 11 of 13 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 ARTICLE 48: DISPUTES All disputes concerning questions of fact or of law arising under this Master Agreement,which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof,shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor.The decision of the Executive Director or his designee shall be final and conclusive unless,within thirty(30)days from the date of receipt of such notice,the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article,the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction.Pending final decision of a dispute hereunder,the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision. ARTICLE 49: CHOICE OF LAW:VIENUE This Master Agreement shall be governed by the laws of the State of Texas.Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas.Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 50: ORDER OF PRIORITY In the case of any conflict between or within this Master Agreement,the following order of priority shall be utilized: 1)General Provisions,2)Special Provisions,3) Scope of Work, and 4) Other Attachments. ARTICLE 51: WHOLE MASTER AGREEMENT Please note,this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing.Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions,Master Special Provisions, and Attachments,as provided herein,constitute the complete Master Agreement between the parties hereto,and supersede any and all oral and written Master Agreements between the parties relating to matters herein.Except as otherwise provided herein,this Master Agreement cannot be modified without written consent of the parties. ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT(SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I,Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements,loans, and other types of Federal financial assistance as defined in 2 CFR 25.406. Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration(www.SAM. oovv)with current information(other than any requirement that is not applicable because the entity is exempted under §25.110). 2 CFR 25.200(b)requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries,as well as on all predecessors that have been awarded a Federal contract or grant within the last three years,if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration,the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current,accurate and complete.At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information,the Federal awarding agency: (1)May determine that the applicant is not qualified to receive a Federal award; and(2)May use that determination as a basis for making a Federal award to another applicant. ARTICLE : PROCUIMMENT OF RECOVERED MATERIALS Page 12 of 13 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-O6AD1618DES8 In accordance with 2 CFR 200.323,the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include: (1)procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000; (2)procuring solid waste management services in a manner that maximizes energy and resource recovery; and(3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976(42 U.S.C. § 6962(c)(3)(A)(i)),the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements. SIGNATURES: H-GAC and the Contractor have read,agreed, and executed the whole Master Agreement as of the date first written above,as accepted by: Frazer,Ltd. -GAC ➢ocuftned by; Docu5igned by: Signature SignaturC82EC2701)5D61423..�' F2G04G43F505E4EB... . Name Laura Griffin Name Chuck Wemple Title CEO Title Executive Director Date 10/17/2023 Date 10/23/2023 Page 13 of 13 DocuSign Envelope ID:AABCDOAC-84A0-4CE1-A373-06AD1618DEB8 Houston-Galveston Area Council P.O.Box 22777 -3555 Timmons -Houston,Texas 77227-2777 Cooperative Agreement-Contract-Frazer,Ltd.-Public Services-ID: 11104 MASTER SPECIAL PROVISIONS Please note,this is an -GAC Master Agreement template and is used for all products and services offered i -GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do,hereby agree to the Master Special Provisions as follows: ARTICLE 1: BIDS/PROPOSALS INCORPORATED In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal. ARTICLE 2: END USER MASTER AGREEMENTS ("EUA") H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMERJEND USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Master Agreement's terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor's Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA,which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the terms of this Master Agreement,termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor. TICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices,warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAG within ten (10)business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor's most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty,benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten(10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid Page 1 of 8 DocuSign Envelope ID:AA8CDOAC-84A04CE1-A373-06AD1618DEB8 offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively,to the effective date of the most favored Master Agreement,to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. TICLE 4: PARTY LIABILITY Contractor's total liability under this Master Agreement, whether for breach of contract,warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by 1-1-GAC, its independent auditors, or any state or federal agency,to have been paid in violation of the terms of this Master Agreement. ARTICLE : GOVERNING LAW& VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE : SALES AND ORDERCSSI CHARGE Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty(30) calendar days or ten(10) business days after receipt of a CUSTOMER/END USER's payment,whichever comes first,notwithstanding Contractor's receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor. ARTICLE 7: LIQUIDATED DAMAGES Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed,to determine terms for any liquidated damages. ARTICLE : INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums: Page 2 of 8 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 a. General liability insurance with a Single Occurrence limit of at least$1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least$1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event,this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof,plus the number of days/months required to deliver any outstanding order after the close of the contract period. c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. 11-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE : PEREORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC's contractual requirements DO NOT include a Performance &Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10)days of receipt of CUSTOMER/END USER's purchase order. TICLE 10: ORDER PROCESSING CHARGE H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge. ARTICLE 11: CHANGE OF STATUS Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement. TICLE 1 : REQUIREMENTS TO PPLIC LE PHYSICAL GOODS In the case of physical goods(e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following: Page 3 of 8 DocuSign Envelope ID:AA8CDOAC-84AC-4CE1-A373-06AD1618DEB8 a. Be new, unused, and not refurbished. b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace. c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery. d. Dave assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials. f. Be available for inspection at any time prior to or after procurement. ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master.Agreement term, any required Contractor license is denied,revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. TICLE 14: IPECTIO /TESTIG All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance,the cost of any inspection and/or testing, will be the responsibility of the Contractor. ARTICLE 1 : ADDITIONAL REPORTING REUIREMI+'.NTS Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3)month period. Reports must include, but are not limited,to the following information: a. CUSTOMERIEND USER Name b. Product/Service purchased, including.Product Code if applicable c. Customer:Purchase Order Number d. Purchase Order Date e. Product/Service dollar amount f. HGACBuy Order Processing Charge amount ARTICLE 16: BACKGROUND CHECKS Cooperative customers may request background checks on any awarded contractor's employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER. ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CERTIFICATION As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2)will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code: Page 4 of DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DE138 1. "Boycott Israel" means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli®controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company"means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary,majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization— specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 9: PROHIBITION CONTRACTING WIII ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT ffffective Aug, 1 ,2020 and as amended October 26,20201 Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. "Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2)for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3)telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 0: BUY AMERICA ACT National School Lunch Program and reafst ro rangy With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d),to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMERIEND USER regarding such programs. In the event Contractor or Contractor's supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC Page 5 of 8 DocuSign Envelope ID:AA8CDOAC-84A0-4CE1-A373-06AD1618DEB8 CUSTOMERIEND USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement. ARTICLE 21:BUY AMERICA REQUIRE T(Aralales only to Federally Funded Hiltvay and Transit Projects With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement Iaws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 53230)(1), 49 C.F.R. Sections 661.6 or 661.12,to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMERIEND USER regarding such programs. ARTICLE 22: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should,to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMERIEND USER to provide all required certifications and other documentation needed to show compliance. ARTICLE 23: TITLE VI REQUIREMENTS H-GAC 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 disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. TICLE 2 : EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,pg.339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 and agrees that it will comply with such provision. ARTICLE 2 : CLEAN AIR AND WATER LUTIO CONTROL ACT CUSTOMERIEND USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Page 6 of 8 DocuSign Envelope ID!AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional. Office of the Environmental Protection Agency (EPA). Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1397)and will remain in compliance during the term of the Contract. ARTICLE 26: PRFVAILING WAGE Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act,40 U.S.C. 276a—276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5. TICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708),where applicable, all CUSTOMER/END USER Purchase Orders in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. TICLE 8: PROFIT AS A SEPARATE ELEMENT OF PRICE For purchases using federal funds more than the current Simplified Acquisition Threshold of$250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount,under any awarded contract. TICLE 9: BYRD ANTI-LOBBYING AMENDMENT Byrd Anti-Lobbying Amendment (31U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with,the Byrd Anti-Lobbying Amendment(31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection Page 7 of 8 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A3'73-06AD1618DEB8 with the awarding of a Federal contract, the making of a Federal Grant,the making of a Federal Loan,the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. ARTICLE 0: COMPLIANCE WITH EPA RFEGULATIONS APPLICABLE TO GRANS, SUBGRANTS,COOPERATIVE MASTER AGREEMENTS,AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended(13 U.S.C. 1368),Executive Order 1.17389 and Environmental Protection Agency Regulation, 40 CFR Part 15. ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). Page 8 of 8 DocuSign Envelope ID;AABCDOAC-84A0-4CE1-A373-06AD1618DEB8 Ambulances, EM,S__&_,Speda1 Service Vehicles Request For Proposal HGACBuy/Cooperative Purchasing Program Project ID: AM10-23 Release Date: Friday, June 9, 2023 Due Date: Thursday,August 10, 2023 12:00pm Posted Friday, June 9, 2023 7:00am Bid Unsealed Thursday, August 10, 2023 12:03pm Pricing Unsealed Thursday, August 10, 2023 12:03pm All dates&times in Central Time 3. Scope of Work 1 Specifications This is are indeftrrite quantitylindeffidle deilvpryrofferings contract. ' he HGACBu.v Custorrrar is responsible to ensure adequate competition is Per onned between the various condmcturs or contractors outside of HGAC uy to detrennine price reasonableness that might be r°e uired,Per any®fungi,-fln a errcyi Customer will nerc d to ensure compliance err"'th any ftinding agenc.V requirements before proceeding with a Purchase order underfiris contract; Please consrrft fe,gal caurnsel r-e ar;:linquestions conceining compliance as a contractor under this solicitation. 3.1. Overview H-GAC is soliciting responses for selecting qualified manufacturers, dealers, distributors, and service providers of Ambulances, EMS and Other Specialty Vehicles and related services to make these types of products and services available to Customers of the HGACBuy Cooperative Purchasing Program under blanket type contracts. Customers (end users) may require selective acquisitions of equipment and/or services OR full turnkey projects necessitating additional services, training, and maintenance agreements. H-GAC is seeking the broadest possible selection of available ambulances, emergency medical response and specialty vehicles to best serve our customers by providing the largest selection of products/services available to meet their needs. This solicitation may include a request for a discount percent off price catalog, category, or manufacturer, or price list for supplies, materials, or not to exceed hourly rates for installation or repair. Respondents are not required to provide offerings on all categories. 3.2. Categories This Solicitation is divided into ten (10) separate but related product categories (A-J). When submitting a response, Respondent rnay choose to submit a response to any of the categories or all of them. No additional weighted value will be assigned to a response that addresses more than one or all categories listed. All equipment must be the manufacturer's new and current model and must be fully operational upon delivery to the Customer. Alternative Fuel Vehicles: All responses that include electric, hybrid, or other alternative fuel vehicles must include these vehicles in Category G. If that specific vehicle is also available with an internal combustion engine (ICE), please list the ICE vehicle separately in the appropriate vehicle category. Category G will only include the alternative fuel vehicles, regardless of vehicle function or type. Product categories are as follows: DocuSign Envelope ID:AA8CDOAC-84Ao-4CE1-A373-06AD1698DEB8 1. Ambulance Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, Type (l, II, or Ill), module configurations/dimensions, chassis (make and model), 2WD14WD, and fuel type. 2. Ught/Medium DutZ MS Rescue Vehicle Response listings/descriptions must be organized by major sub-categories, which include manufacturer, model, typelfunction, chassis (make and model), dimensions, 2WD14WD, and fuel type. 3. ALher Specialty Vehicle or uipmenL Category includes vehicles or trailers for command, communication, tactical response, or other related emergency response functions. Response listings/descriptions must be organized by major sub-categories, which shall include manufacturer, model, typelfunction, chassis(make and model), axle configuration, dimensions, 2WD14WD, and fuel type. 4. EMS Vehicle Conversions Response listings/descriptions must be organized by major sub-categories,which include manufacturer, model, typelfunction, chassis, 2WD14WD, and fuel type. 5. Remount Services Oall Pricing for this service must include the cost of removing an existing body and reinstalling it on a different chassis, only.This service would apply where the chassis was supplied by the end user. Note: Remounting Services are to be performed by an authorized dealerlremounter. Any specific certifications or warranties that may be requested by an end user regarding remounts is the end user's responsibility and will be negotiated between the end user and the supplier/contractor when services are quoted. 6. Remount on Contractor Supplied Chassis Pricing for these items must include the cost of the chassis plus the removal and reinstallation of the body. 7. ElectriG/Alternative Fuel Ambulance/EMS/Rescue Veicles Response listings must be organized by manufacturer, model, vehicle typelfunction, and primary fuellpropulsion type. 3. Ambulance/EMS/Rescue Vehicle Service/Maintenance Pl ns Response listings must include specific details about which fees are included in costs, including current labor rates, and fee structures. 9. mbulancel 1 escue Vehicle Parts andlies Response listing must include percentage discount. 10. Ambulance/EMS/Rescue Vehicle Lions Response listing must include percentage discount. DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 3.3. General Requirements All products priced and sold pursuant to this Solicitation must, as applicable: 1. Meet all applicable requirements of federal, state and local laws and regulations. 2. Be manufacturer's normal offering with all standard features and functions and performance levels. 3. Be ready for turn-key operation upon delivery. 4. Respondent must include specifications, brochures, warranty information, and any other relevant product information with solicitation Response. Note: "Unpricedlunpublished"options cannot be quoted on the Base Pricing List and may not be sold through this contract. 3A.Additional Requirements Licenses 1. Contractor must have and maintain the appropriate license(s) as required by the State of Texas, Department of Transportation, Division of Motor Vehicles, Motor Vehicle Commission Code [latest edition), or any other local, state and federal licenses required and which are applicable to the respondent's operations. 2. The prescribed licenses must include the manufacturer/respondent, and any and all dealers and their representatives as may be required by the Motor Vehicle Division. Contractor must ensure all emergency and specialty vehicles sold are in accordance with the laws of the state where the sale and acquisition are made. 3. Contractor must maintain all licensing required by the State of Texas as applicable to their business operations during the entire contract term. If during the contract period such licensing lapses, Contractor will be in default and become subject to contract termination unless issued a stay or waiver. Manuals 1. Contractor must supply at the time of delivery, at least two (2) sets of complete operations and service documentation covering the completed emergency vehicles as delivered and accepted (as per latest edition of KKK-A-1822F). 2. Respondent must supply the following information with their response: Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly show all the standard features and capabilities of each listing being bid. DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 WarLanty Contractors must comply with the minimum warranty and maintenance requirements described below for any products or services provided under this Solicitation. 1. Contractor must furnish with response, and for all equipment sold through this H-GAC contract, the manufacturer's general warranty,which must be honored by all the manufacturer's authorized service locations. 2. All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (such as: hourly labor rates, shop fees, supply fees, environmental fees). 3. The Contractor will handle all warranty claims and all work must be completed within ten (10) calendar days after receipt of equipment/vehicle by the Contractor without cost to H-GAC or the Customer. Delayed warranties must be available for all vehicles and equipment.Warranty start date will be effective the date that the completed unit is placed into service by the Customer. The Contractor must furnish a delayed warranty card/document for each unit delivered and/or advise the Customer of the procedures to be followed for obtaining the delayed start of warranty coverage. Requests for delayed warranties will not exceed six months after delivery. . Any and all documents necessary to effect manufacturer's warranty must be properly applied for and submitted by the Contractor. The Contractor will provide to H-GAC and the Customer a manufacturer's warranty which will be honored by any of the manufacturer's authorized dealers and a complete copy must be provided at the time of delivery. When additional warranties are available as standard, they must be included as a part of the response for the benefit of H-GAC and Customer. 5. The patient compartment, all modifications to the OEM chassis by Contractor on the accepted unit, equipment and parts will be guaranteed for a minimum period of one (1) year against defects in design, materials, and workmanship. The warranty period will begin upon final acceptance of the equipment. This warranty will cover parts and labor expenses. 6. On Type I & III emergency medical service MODULE the warranty period will be fifteen (15) years. 7. This warranty will be upgraded to its original status each time the module is remounted by Contractor, or a Contractor authorized remount facility, not to exceed five (5) years above the original warranty. 8. In the event any component part of equipment or materials furnished under these specifications, or its subsequent contract(s), becomes defective by reason of material or workmanship during said period, and the end user agency immediately notifies Contractor of such defect, Contractor will, at no expense to the End User agency or H-GAC, repair or replace equipment or component with new equipment or component. 9. Warranty of all system equipment is the sole responsibility of the Contractor under contract, but may be performed by their certified, designated agent. DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 3.5. Vehicle Requirements All equipment and vehicles must be new and be the manufacturer's latest and current model. Each vehicle must be fully assembled, adjusted, serviced and ready for immediate and continuous operation upon delivery. If the equipment or vehicle does not meet the specification requirements upon delivery, Contractor will be responsible for correcting all deficiencies and making any corrections or adjustments needed to attain specification requirements. All equipment and vehicles must conform to applicable local, state, federal requirements and must comply to all applicable industry standards (examples: National Fire Protection Association (NFPA), Commission on Accreditation of Ambulance Services (CAAS), Federal Specification for the Star-of-Life Ambulance (KKK-A-1822F), Occupational Safety and Health Administration (OSHA)). 3.6. Service / Maintenance Plans and Parts All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (ex: hourly labor rates, shop fees, supply fees, environmental fees). 3,7. Labor Hours Definitions If the awarded contract contains hours for labor related services, the following definitions will apply: 1. "Business Day" Monday through Friday 2. "Business Hours" Standard Business Hours 8 a.m. to 5 p.m. 3. "Regular Time"Work that occurs during standard business hours . "Emergency Time"Work that occurs outside standard business hours 3.8.Administrative Fee For each purchase order processed under an awarded contract, H-GAC will directly invoice the contractor an administrative fee (Order Processing Charge) applicable to the sale of all equipment and services submitted in contractor's response. It is the contractor's responsibility to remit the administrative fee within thirty (30)days of processing any customer's purchase order, even if an invoice is not received from H-GAC. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. For this solicitation the administrative fee is as follows: Administrative Fee er Purchase Order Category —Ambulance: $1,000 per purchase order Category —Light/Medium Rescue Vehicle: $1,000 per purchase order Category —Specialty Vehicle/Equipment: DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 Light Rescue/Special Service $1,000 per purchase order Heavy Rescue/Special Service $2,000 per purchase order All Trailers 2% per purchase order Category --EMS Vehicle Conversions: $1,000 per purchase order Category E—Remount Services Only: $600 per purchase order Category —Remount on Contractor Supplied Chassis: $600 per purchase order Category ...-Electric/Alternative Fuel Vehicles Determined by category of vehicle Category --Service/Maintenance Plans: 2% per purchase order Category I-Ambulance/Vehicle Parts and Supplies 2% per purchase order Category J -Ambulance/EMS/Rescue Vehicle Options No separate fee - part of vehicle 3.9. Final Contract Deliverables Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: • Customer Name and address • HGACBuy confirmation number • Product/Service purchased, including Product Code, if applicable • Customer Purchase Order Number • Purchase Order Date • Product/Service dollar amount • HGACSuy Order Processing Charge amount Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate. DocuSign Envelope ID:AA8GDOAC-84AO-40E1-A373-06AD1618DEB8 Attachment A Frazer,Ltd. Ambulances,EMS&Special Service Vehicles Contract No.:AM10-23 Manufacturer Product Item Description Offered List Price HGACBuy Discount Category A-Ambulance Frazer,Ltd. Type 1-12' Ram 3500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 208,500.00 0% Frazer,Ltd. Type I-12' Ram 3500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 189,000.00 0% Frazer,Ltd. Type I-12' Ram 3500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 215,750.00 0% Frazer,Ltd. Type I-12' Ram 3500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 206,500.00 0% Frazer,Ltd, Type I-12' Ram 4500 Diesel 4x4 Reg Cab-84"CA w/Aluminum wheels $ 223,500.00 0% Frazer,Ltd. Type I-12' Ram 4500 Diesel 4x2 Reg Cab-84"CA w/Aluminum wheels $ 219,250.00 0% Frazer,Ltd. Type I-12' Ram 4500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 217,000.00 0% Frazer,Ltd. Type I-12' Ram 4500 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 212,250.00 0% Frazer,Ltd. Type I-12' Ram 4500 Gas 4x2 Reg Cab-84"CA w/Aluminum wheels $ 208,000.00 0% Frazer,Ltd. Type I-12' Ram 4500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 205,750.00 0% Frazer,Ltd. Type I-12' Ram 4500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 221,500.00 0% Frazer,Ltd. Type I-12' Ram 4500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 210,250.00 0% Frazer,Ltd. Type I-12' Ram 5500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 218,250.00 0% Frazer,Ltd. Type I-12' Ram 5500 Diesel 4x2 Reg Cab-84"CA w/Aluminum wheels $ 220,500.00 0% Frazer,Ltd. Type I-12' Ram 5500 Diesel 4x4 Reg Cab-84"CA wl Steel wheels $ 222,750.00 0% Frazer,Ltd, Type I-12' Ram 5500 Diesel 4x4 Reg Cab-84"CA w/Aluminum wheels $ 224,750.00 0% Frazer,Ltd. Type I-12' Ram 5500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 207,000.00 0% Frazer,Ltd. Type 1•••12' Ram 5500 Gas 4x2 Reg Cab-84"CA w/Aluminum wheels $ 209,250.00 0% Frazer,Ltd. Type I-12' Ram 5500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 211,000.00 0% Frazer,Ltd. Type I-12' Ram 5500 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 213,250.00 0% Frazer,Ltd. Type I-12' Chevy 3500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 195,250.00 0% Frazer,Ltd. Type I-12' Chevy 3500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 206,000.00 0% Frazer,Ltd. Type I-12' Chevy 3500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 197,750.00 0% Frazer,Ltd. Type I-12' Chevy 3500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 208,750.00 0% Frazer,Ltd. Type I-12' Cherry 4500 MD Diesel 4x2 Reg Cab-84"CA wl Aluminum wheels $ 211,250.00 0% Frazer,Ltd. Type I-12' Cherry 4500 MD Diesel 4x2 Reg Cab-84"CA wl Steel wheels $ 209,500.00 0% Frazer,Ltd. Type 1-12' Chevy 4500 MD Diesel 4x4 Reg Cab-84"CA wl Aluminum wheels $ 214,500.00 0% Frazer,Ltd. Type 1-12' Chevy 4500 MD Diesel 4x4 Reg Cab-84CA"w/Steel wheels $ 212,750.00 0% Frazer,Ltd. Type 1-12' Ford F-350 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 209,000.00 0% Frazer,Ltd. Type I-12' Ford F-350 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 208,250.00 0% Frazer,Ltd. Type I-12' Ford F-450 Gas 4x2 Reg Gab-84"CA w/AL wbeels $ 204,750.00 0% Frazer,Ltd. Type I-12' Ford F-450 Diesel 4x2 Reg Cab-84"CA w/AL wheels $ 215,750.00 0% 1 ❑ocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD161 SDEB8 Frazer,Ltd. Type I-12' Ford F-450 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 214,500.00 0% Frazer,Ltd. Type I-12' Ford F-450 Diesel 4x4 Super Cab-84"CA w/Steel wheels $ 220,250.00 0% Frazer,Ltd. Type I-12' Ford F-450 Diesel 4x2 Super Cab-84"CA w/Steel wheels $ 216,500.00 0% Frazer,Ltd. Type I-12' Ford F-450 Diesel 4x2 Super Cab-84"CA w/Aluminum wheels $ 217,750.00 0% Frazer,Ltd. Type I-12' Ford F-450 Diesel 4x4 Reg Cab-84"CA w/AL wheels $ 219,000.00 0% Frazer,Ltd. Type I-12' Ford F-450 Diesel 4x4 Super Cab-84"CA w/AL wheels $ 221,500.00 0% Frazer,Ltd. Type I-12' Ford F-450 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 217,750.00 0% Frazer,Ltd. Type I-12' Ford F-450 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 203,500.00 0% Frazer,Ltd. Type I-12' Ford F-450 Gas 4x4 Super Cab-84"CA w/Steel wheels $ 209,500.00 0% Frazer,Ltd. Type I-12' Ford F-450 Gas 4x4 Super Cab-84"CA w/Aluminum wheels $ 210,500.00 0% Frazer,Ltd. Type I-12' Ford F-450 Gas 4x4 Reg Cab-84"CA w/AL wheels $ 208,000.00 0% Frazer,Ltd. Type I-12' Ford F-450 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 206,750.00 0% Frazer,Ltd. Type I-12' Ford F-550 Diesel 4x2 Reg Cab-84"CA w/AL wheels $ 217,000.00 0% Frazer,Ltd. Type I-12' Ford F-550 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 215,750.00 0% Frazer,Ltd. Type I-12' Ford F-550 Diesel 4x4 Reg Cab-84"CA w/AL wheels $ 220,250.00 0% Frazer,Ltd. Type I-12' Ford F-550 Diesel 4x4 Reg Cab-84"CA w/Steel wheels S 219,000.00 0% Frazer,Ltd. Type I-12' Ford F-550 Gas 4x2 Reg Cab-84"CA w/AL wheels S 209,250.00 0% Frazer,Ltd. Type I-12' Ford F-550 Gas 4x2 Reg Cab-84"CA w/Steel wheels S 204,750.00 0% Frazer,Ltd. Type I-12' Ford F-550 Gas 4x4 Reg Cab-84"CA w/AL wheels $ 206,000.00 0% Frazer,Ltd. Type 1-12' Ford F-550 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 208,000.00 0% Frazer,Ltd. Type I-12' Ford F-550 Diesel 4x2 Super Cab-84"CA w/Aluminum wheels $ 217,750.00 0% Frazer,Ltd. Type I-12' Ford F-550 Diesel 4x2 Super Cab-84"CA w/Steel wheels $ 219,000.00 0% Frazer,Ltd. Type I-12' Ford F-550 Gas 4x4 Super Cab-84"CA w/Steel wheels $ 210,500.00 0% Frazer,Ltd. Type 1-12' Ford F-550 Diesel 4x4 Super Cab-84"CA w/Steel wheels $ 221,500.00 0% Frazer,Ltd. Type I-12' Ford F-550 Gas 4x4 Super Cab-84"CA w/Aluminum wheels $ 211,750.00 0% Frazer,Ltd. Type I-12' Ford F-550 Diesel 4x4 Super Cab-84"CA w/Aluminum wheels $ 222,750.00 0% Frazer,Ltd, Type I-12' International CV515 Diesel 4x2 Cab-84CA w/Aluminum wheels $ 232,250.00 0% Frazer,Ltd. Type I-12' International CV515 Diesel 4x4 Cab-84CA w/Aluminum wheels $ 234,000,00 0% Frazer,Ltd. Type I-12'XT Ram 3500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 214,500.00 0% Frazer,Ltd. Type I-12'XT Ram 3500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 195,000.00 0% Frazer,Ltd. Type I-12'XT Ram 3500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 221,750.00 0% Frazer,Ltd. Type I-121XT Ram 3500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 212,500.00 0% Frazer,Ltd. Type I-12'XT Ram 4500 Diesel 4x4 Reg Cab-84"CA w/Aluminum wheels $ 229,500.00 0% Frazer,Ltd. Type I-12'XT Ram 4500 Diesel 4x2 Reg Cab-84"CA w/Aluminum wheels $ 225,250.00 0% Frazer,Ltd. Type I-12'XT Ram 4500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 223,000.00 0% Frazer,Ltd. Type I-12'XT Ram 4500 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 218,250.00 0% Frazer,Ltd. Type I-12'XT Ram 4500 Gas 4x2 Reg Cab-84"CA w/Aluminum wheels $ 214,000.00 0% Frazer,Ltd. Type I-12'XT Ram 4500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 211,750.00 0% 2 DocuSign Envelope ID:AABCDQAC-84A0-4CE1•••A373-06AD9618DEB8 Frazer,Ltd. Type I-12'XT Ram 4500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels S 227,500.00 0% Frazer,Ltd. Type I-12'XT Ram 4500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 216,250.00 0% Frazer,Ltd. Type I-12'XT Ram 5500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels S 224,250.00 0% Frazer,Ltd. Type I-12'XT Ram 5500 Diesel 4x2 Reg Cab-84"CA w/Aluminum wheels $ 226,500.00 0% Frazer,Ltd, Type I-12'XT Ram 5500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 228,750.00 0% Frazer,Ltd, Type I-12'XT Ram 5500 Diesel 4x4 Reg Cab-84"CA w/Aluminum wheels $ 230,750.00 0% Frazer,Ltd, Type I-12'XT Ram 5500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 213,000.00 0% Frazer,Ltd. Type I-12'XT Ram 5500 Gas 4x2 Reg Cab-84"CA w/Aluminum wheels $ 215,250.00 0% Frazer,Ltd. Type I-12'XT Ram 5500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 217,000.00 0% Frazer,Ltd. Type I-12'XT Ram 5500 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 219,250.00 0% Frazer,Ltd. Type I-12'XT Chevy 3500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 201,250.00 0% Frazer,Ltd. Type I-12'XT Chevy 3500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 212,000.00 0% Frazer,Ltd. Type I-12'XT Chevy 3500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 203,750.00 0% Frazer,Ltd. Type I-12' T Chevy 3500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 214,750.00 0% Frazer,Ltd. Type I-12'XT Chevy 4500 MD Diesel 4x2 Reg Cab-84"CA w/Aluminum wheels $ 2I7,250.00 0% Frazer,Ltd. Type I-12'XT Chevy 4500 MD Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 215,500.00 0% Frazer,Ltd. Type I-12'XT Chevy 4500 MD Diesel 4x4 Reg Cab-84"CA w/Aluminum wheels $ 220,500.00 0% Frazer,Ltd. Type I-12'XT Chevy 4500 MD Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 218,750,00 0% Frazer,Ltd. Type I-12'XT Ford F-350 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 215,000.00 0% Frazer,Ltd. Type I-12'XT Ford F-350 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 214,250.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Gas 4x2 Reg Cab-84"CA w/AL wheels $ 210,750.00 0% Frazer,Ltd. Type I-12' T Ford F-450 Diesel 4x2 Reg Cab-84"CA w/AL wheels $ 221,750.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 220,500.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Diesel 4x4 Super Cab-84"CA w/Steel wheels $ 226,250.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Diesel 4x2 Super Cab-84"CA w/Steel wheels $ 222,500.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Diesel 4x2 Super Cab-84"CA w/Aluminum wheels $ 223,750.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Diesel 4x4 Reg Cab-84"CA w/AL wheels $ 225,000.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Diesel 4x4 Super Cab-84"CA w/AL wheels $ 227,500.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 223,750.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 209,500.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Gas 4x4 Super Cab-84"CA w/Steel wheels $ 215,500.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Gas 4x4 Super Cab-84"CA w/Aluminum wheels $ 216,500.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Gas 4x4 Reg Cab-84"CA wI AL wheels $ 214,000.00 0% Frazer,Ltd. Type I-12'XT Ford F-450 Gas 4x4 Reg Cab-84"CA w/Steel wheels S 212,750.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Diesel 4x2 Reg Cab-84"CA w/AL wheels $ 223,000.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 221,750.00 0% Frazer,Ltd. Type 1-12'XT Ford F-550 Diesel 4x4 Reg Cah-84"CA w/AL wheels $ 226,250.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 225,000.00 0% 3 DocuSign Envelope ID:AABCDOAC-84AO-4CE1-A373-06AD1618DEB8 Frazer,Ltd. Type I-12'XT Ford F-550 Gas 4x2 Reg Cab-84"CA w/AL wheels $ 215,250.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 210,750.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Gas 4x4 Reg Cab-84"CA w/AL wheels $ 212,000.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 214,000.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Diesel 4x2 Super Cab-84"CA w/Aluminum wheels $ 223,750.00 0% Frazer,Ltd. Type I...12'XT Ford F-550 Diesel 4x2 Super Cab-84"CA w/Steel wheels $ 225,000.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Gas 4x4 Super Cab-84"CA w/Steel wheels $ 216,500.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Diesel 4x4 Super Cab-84"CA w/Steel wheels $ 227,500.00 0% Frazer,Ltd. Type I-12,'XT Ford F-550 Gas 4x4 Super Cab-84"CA w/Aluminum wheels $ 217,750.00 0% Frazer,Ltd. Type I-12'XT Ford F-550 Diesel 4x4 Super Cab-84"CA w/Aluminum wheels $ 228,750.00 0% Frazer,Ltd. Type I-12'XT International CV515 Diesel 4x2 Cab-84CA w/Aluminum wheels $ 238,250.00 0% Frazer,Ltd. Type I-12'XT International CV515 Diesel 4x4 Cab-84CA w/Aluminum wheels $ 240,000.00 0% Frazer,Ltd. Type I-14' Ram 4500 Diesel 4x4 Reg Cab-108"CA w/Aluminum wheels $ 242,500.00 0% Frazer,Ltd. Type I-14' Ram 4500 Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 239,250.00 0% Frazer,Ltd. Type I-14' Ram 4500 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 236,000.00 0% Frazer,Ltd. Type 1-14, Ram 4500 Gas 4x4 Reg Cab-108"CA w/Aluminum wheels $ 23I,000.00 0% Frazer,Ltd. Type I-14' Ram 4500 Gas 4x2 Reg Cab-108"CA w/Aluminum wheels $ 227,000.00 0% Frazer,Ltd. Type I-14' Ram 4500 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 224,750.00 0% Frazer,Ltd. Type I-14' Ram 4500 Diesel 4x4 Reg Cab-108"CA w/Steel wheels $ 240,500.00 0% Frazer,Ltd, Type I-14' Ram 4500 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 228,750.00 0% Frazer,Ltd. Type I-14' Ram 5500 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 237,250.00 0% Frazer,Ltd. Type I-14' Ram 5500 Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 239,500.00 0% Frazer,Ltd. Type I-14' Ram 5500 Diesel 4x4 Reg Cab-108"CA wl Steel wheels $ 241,500.00 0% Frazer,Ltd. Type I-14' Ram 5500 Diesel 4x4 Reg Cab-108"CA wl Aluminum wheels $ 243,750.00 0% Frazer,Ltd. Type I-14' Ram 5500 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 226,000.00 0% Frazer,Ltd. Type I-14' Ram 5500 Gas 4x2 Reg Cab-108"CA w/Aluminum wheels $ 228,250.00 0% Frazer,Ltd. Type I-14' Ram 5500 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 230,000.00 0% Frazer,Ltd. Type I-14' Ram 5500 Gas 4x4 Reg Cab-108"CA w/Aluminum wheels $ 232,250.00 0% Frazer,Ltd. Type I-14' Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 230,500.00 0% Frazer,Ltd. Type I-14' Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 228,750.00 0% Frazer,Ltd. Type I-14' Chevy 4500 MD Diesel 4x4 Reg Cab-108"CA w/Aluminum wheels $ 233,750.00 0% Frazer,Ltd. Type I-14' Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 232,000.00 0% Frazer,Ltd. Type I-14' Ford F-350 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 227,750.00 0% Frazer,Ltd. Type I-14' Ford F-350 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 227,000,00 0% Frazer,Ltd. Type I-14' Ford F-450 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 233,500.00 0% Frazer,Ltd. Type I-14' Ford F-450 Diesel 4x4 Reg Cab-108"CA w/AL wheels $ 237,750.00 0% Frazer,Ltd, Type I-14' Ford F-450 Diesel 4x4 Reg Cab-108"CA wl Steel wheels $ 236,750.00 0% Frazer,Ltd. Type I-14' Ford F-450 Gas 4x2 Reg Gab-108"CA w/Steel wheels $ 222,500.00 0% 4 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 Frazer,Ltd. Type I-14' Ford F-450 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 225,750.00 0% Frazer,Ltd. Type I-14' Ford F-450 Gas 4x4 Reg Cab-108"CA w/AL wheels $ 227,000.00 0% Frazer,Ltd. Type I-14' Ford F-450 Gas 4x2 Reg Cab-108"CA w/AL wheels $ 223,750.00 0% Frazer,Ltd. Type I-14' Ford F-550 Diesel 4x2 Reg Cab-108"CA w/AL wheels $ 236,000.00 0% Frazer,Ltd. Type I-14' Ford F-550 Diesel U2 Reg Cab-108"CA w/Steel wheels $ 234,750.00 0% Frazer,Ltd. Type I-14' Ford F-550 Diesel 4x4 Reg Cab-108"CA w/AL wheels S 239,000.00 0% Frazer,Ltd. Type I-14' Ford F-550 Diesel 4x4 Reg Cab-108"CA w/Steel wheels S 238,000.00 0% Frazer,Ltd. Type I-14' Ford F-550 Gas 4x2 Reg Cab-I08"CA w/AL wheels S 225,000.00 0% Frazer,Ltd. Type I-14' Ford F-550 Gas 4x2 Reg Cab-I08"CA w/Steel wheels S 223,750.00 0% Frazer,Ltd. Type I-14' Ford F-550 Gas 4x4 Reg Cab-108"CA w/AL wheels $ 228,000.00 0% Frazer,Ltd. Type I-14' Ford F-550 Gas 4x4 Reg Gab-108"CA w/Steel wheels $ 227,000.00 0% Frazer,Ltd. Type I-14' International CV515 Diesel 4x2 Cab-108CA w/Aluminum wheels $ 248,250.00 0% Frazer,Ltd. Type I-14' international CV515 Diesel 4x4 Gab-108CA w/Aluminum wheels $ 252,500.00 0% Frazer,Ltd. Type I-14'XT Ram 4500 Diesel 4x4 Reg Cab-108"CA wl Aluminum wheels $ 248,750.00 0% Frazer,Ltd. Type I...14'XT Ram 4500 Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 244,500.00 0% Frazer,Ltd. Type I-ITXT Ram 4500 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 242,250.00 0% Frazer,Ltd. Type I-14'XT Ram 4500 Gas 4x4 Reg Cab-108"CA w/Aluminum wheels $ 237,250.00 0% Frazer,Ltd. Type I-14'XT Ram 4500 Gas 4x2 Reg Cab-108"CA w/Aluminum wheels $ 233,250.00 0% Frazer,Ltd, Type I-14'XT Ram 4500 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 231,000.00 0% Frazer,Ltd. Type I-14'XT Ram 4500 Diesel 4x4 Reg Cab-108"CA w/Steel wheels $ 246,750.00 0% Frazer,Ltd. Type I-14'XT Ram 4500 Gas 4x4 Reg Cab-]08"CA w/Steel wheels $ 235,000.00 0% Frazer,Ltd. Type I-14'XT Ram 5500 Diesel 4x2 Reg Cab-108"CA wl Steel wheels $ 243,500.00 0% Frazer,Ltd. Type I-14'XT Ram 5500 Diesel 4x2 Reg Cab-108"CA wl Aluminum wheels $ 245,750.00 0% Frazer,Ltd. Type I-14'XT Ram 5500 Diesel 4x4 Reg Cab-I08"CA w/Steel wheels S 247,750.00 0% Frazer,Ltd. Type I-14'XT Ram 5500 Diesel 4x4 Reg Cab-]08"CA w/Aluminum wheels S 250,000.00 0% Frazer,Ltd. Type I-14'XT Ram 5500 Gas 4x2 Reg Cab-108"CA wl Steel wheels S 234,500.00 0% Frazer,Ltd. Type I-14'XT Ram 5500 Gas 4x2 Reg Cab-108"CA wl Aluminum wheels $ 236,250.00 0% Frazer,Ltd. Type I-ITXT Ram 5500 Gas 4x4 Reg Cab-108"CA w/Steel wheels S 238,500.00 0% Frazer,Ltd. Type I-14'XT Ram 5500 Gas 4x4 Reg Cab-108"CA w/Aluminum wheels $ 232,000.00 0% Frazer,Ltd. Type I-14'XT Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 236,750.00 0% Frazer,Ltd. Type I-14'XT Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 235,000.00 0% Frazer,Ltd. Type I-14'XT Chevy 4500 MD Diesel 4x4 Reg Gab-108"CA w/Aluminum wheels $ 240,000.00 0% Frazer,Ltd. Type I-14'XT Chevy 4500 MD Diesel 4x2 Reg Gab-108"CA w/Steel wheels $ 238,250.00 0% Frazer,Ltd. Type I-14'XT Ford F-350 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 234,000.00 0% Frazer,Ltd. Type I-IXXT Ford F-350 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 233,250.00 0% Frazer,Ltd. Type I-14'XT Ford F-450 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 239,750.00 0% Frazer,Ltd. Type I-14'XT Ford F-450 Diesel 4x4 Reg Cab-108"CA w/AL wheels $ 244,000.00 0% Frazer,Ltd. Type I-14'XT Ford F-450 Diesel 40 Reg Cab-108"CA w/Steel wheels $ 243,000.00 0% 5 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DES8 Frazer,Ltd. Type I-14'XT Ford F-450 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 228,750.00 0% Frazer,Ltd. Type I-14'XT Ford F-450 Gas 4x4 Reg Cab-108"CA wl Steel wheels $ 232,000.00 0% Frazer,Ltd. Type I-14'XT Ford F-450 Gas 4x4 Reg Cab-108"CA w/AL wheels $ 233,250.00 0% Frazer,Ltd. Type I-14'XT Ford F-450 Gas 4x2 Reg Cab-108"CA w/AL wheels $ 230,000A0 0% Frazer,Ltd. Type I-14'XT Ford F-550 Diesel 4x2 Reg Cab-108"CA w/AL wheels $ 242,250.00 0% Frazer,Ltd. Type I-14'XT Ford F-550 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 241,000.00 0% Frazer,Ltd. Type I-14'XT Ford F-550 Diesel 4x4 Reg Cab-108"CA w/AL wheels S 245,250.00 0% Frazer,Ltd. Type I-14'XT Ford F-550 Diesel 4x4 Reg Cab-108"CA w/Steel wheels $ 244,250.00 0% Frazer,Ltd. Type I-ITXT Ford F-550 Gas 4x2 Reg Cab-108"CA w/AL wheels $ 231,250.00 0% Frazer,Ltd. Type I-14'XT Ford F-550 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 230,000.00 0% Frazer,Ltd. Type I-14'XT Ford F-550 Gas 4x4 Reg Cab-108"CA w/AL wheels $ 234,250.00 0% Frazer,Ltd. Type I-14'XT Ford F-550 Gas 4x4 Reg Cab-108"CA wl Steel wheels $ 233,250.00 0% Frazer,Ltd. Type I-14'XT International CV515 Diesel 4x2 Cab-108CA wl Aluminum wheels $ 254,500.00 0% Frazer,Ltd. Type I-14'XT International CV515 Diesel 4x4 Cab-108CA w/Aluminum wheels $ 258,750.00 0% Frazer,Ltd. Type III-12' Chevy G3500 Gas 4x2 Reg Cab-80"CA w/Steel wheels S 187,000.00 0% Frazer,Ltd. 'Type III-12' Ford E-350 Gas 4x2 Cutaway Cab-80"CA w/Steel wheels $ 188,750.00 0% Frazer,Ltd. Type III-12' Ford E-450 Gas 4x2 Cutaway Cab-100"CA w/Steel wheels S 189,750.00 0% Frazer,Ltd. Type III-12'XT Chevy G3500 Gas 4x2 Reg Cab-80"CA w/Steel wheels $ 193,250.00 0% Frazer,Ltd. Type III-12'XT Ford E-350 Gas 4x2 Cutaway Cab-80"CA w/Steel wheels $ 195,000.00 0% Frazer,Ltd. Type III-12'XT Ford E-450 Gas 4x2 Cutaway Cab-100"CA w/Steel wheels $ 196,000.00 0% Frazer,Ltd. Type III-14' Chevy 64500 Gas 4x2 Reg Cab-100"CA wl Steel wheels $ 206,750.00 0% Frazer,Ltd. Type III-14' Ford E-350 Gas 4x2 Cutaway Cab-80"CA w/Steel wheels $ 207,750.00 0% Frazer,Ltd. Type III-14' Ford E-450 Gas 4x2 Cutaway Cab-100"CA w/Steel wheels $ 208,750.00 0% Frazer,Ltd. NISU-14' Mobile Stroke Unit 14'on Freightliner M2 Diesel 4x2 Crew Cab $ 534,500.00 0% Frazer,Ltd. MSU-14' Mobile Stroke Unit 14'on International MV Diesel 4x2 Reg Cab S 534,500.00 0% Frazer,Ltd. MSU-15, Mobile Stroke Unit 15'on Freightliner M2 Diesel 4x2 Crew Cab S 634,500.00 0% Frazer,Ltd. MSU-15, Mobile Stroke Unit 15'on International MV Diesel 4x2 Reg Cab $ 634,500.00 0% Category B-Light/Medium EMS Rescue Vehicle Frazer,Ltd. First Responder(UCV)-9' Ram 3500 Diesel 4x4 Crew Cab-60"CA w/Steel wheels S 180,000.00 0% Frazer,Ltd. First Responder(UCV)-9' Ram 3500 Diesel 4x2 Crew Cab-60"CA w/Steel wheels S 176,250.00 0% Frazer,Ltd. First Responder(UCV)-9' Ram 3500 Gas 4x2 Crew Cab-60"CA w/Steel wheels $ 168,750.00 0% Frazer,Ltd. First Responder(UCV)-9' Ram 4500 Diesel 4x4 Crew Cab-60"CA w/Steel wheels $ 186,500.00 0% Frazer,Ltd. First Responder(UCV)-9' Ram 4500 Diesel 4x2 Crew Cab-60"CA w/Steel wheels $ 181,250.00 0% Frazer,Ltd. First Responder(IfCV)-9' Ram 4500 Diesel 4x2 Crew Cab-60"CA wl Steel wheels $ 183,250.00 0% Frazer,Ltd. First Responder(UCV)-9' Ram 4500 Diesel 4x4 Crew Cab-60"CA w/Aluminum wheels $ 188,750.00 0% Frazer,Ltd. First Responder(UCV)-9' Ram 4500 Gas 4x2 Crew Cab-60"CA w/Aluminum wheels $ 172,000.00 0% Frazer,Ltd. First Responder(UCV)-9' Ram 4500 Gas 4x2 Crew Cab-60"CA w/Steel wheels $ 170,000.00 0% Frazer,Ltd. First Responder(UCV)-9' Ram 4500 Gas 4x4 Crew Cab-60"CA w/Steel wheels $ 175,250.00 0% 6 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 Frazer,Ltd. First Responder(UCV)-9' Ram 4500 Gas 4x4 Crew Cab-60"CA w/Aluminum wheels $ 177,500.00 0% Frazer,Ltd. First Responder(UCV)-9' Chevy C2500 Gas 4x2 Reg Cab-60"CA w/Aluminum wheels $ 153,750.00 0% Frazer,Ltd. First Responder(UCV)-9' Chevy C2500 Diesel 4x2 Reg Cab-60"CA w/Aluminum wheels $ 164,750.00 0% Frazer,Ltd. First Responder(UCV)-9' Ford F-350 Diesel 4x4 Crew Cab-60"CA w/Steel wheels $ 177,500.00 0% Frazer,Ltd. First Responder(UCV)-9' Ford F-350 Diesel 4x2 Crew Cab-60"CA w/Steel wheels $ 173,750.00 0% Frazer,Ltd. First Responder(UCV)-9' Ford F-350 Diesel 4x4 Super Cab-60"CA w/Steel wheels $ 175,750.00 0% Frazer,Ltd. First Responder(UCV)-9' Ford F-450 Diesel 4x2 Crew Cab-60"CA w/Steel wheels $ 178,750.00 0% Frazer,Ltd. First Responder(UCV)-9' Ford F-450 Diese14x4 Crew Cab-60"CA w/Steel wheels $ 182,500.00 0% Frazer,Ltd. First Responder(UCV)-9' Ford F-450 Diesel 4x4 Super Cab-60"CA w/Steel wheels $ 181,000.00 0% Frazer,Ltd. First Responder(UCV)-9' Ford F-450 Gas 4x4 Crew Cab-60"CA w/Steel wheels $ 171,750.00 0% Frazer,Ltd. First Responder(UCV)-9' Ford F-450 Gas 4x2 Super Cab-60"CA w/Steel wheels $ 166,000.00 0% Frazer,Ltd, First Responder(UCV)-9' Ford F-450 Gas 4x4 Super Cab-60"CA wl Steel wheels $ 170,000.00 0% Frazer,Ltd. First Responder(UCV)-9' Ford F-450 Gas 4x2 Crew Cab-60"CA w/Steel wheels $ 167,750.00 0% Frazer,Ltd. First Responder(UCV)- Ram 3500 Diesel 4x4 Crew Cab-60"CA wi Steel wheels $ 203,250.00 0% Frazer,Ltd. First Responder(UCV)- Ram 3500 Diesel 4x2 Crew Cab-60"CA wl Steel wheels $ 199,500.00 0% n Frazer,Ltd. First Responder(UCV)- Ram 3500 Gas 4x2 Crew Cab-60"CA w/Steel wheels $ 192,000.00 0% Frazer,Ltd. First Responder(UCV)- Ram 4500 Diesel 4x4 Crew Cab-60"CA w/Steel wheels $ 209,750.00 0% Frazer,Ltd. First Resp lnder(UCV)- Ram 4500 Diesel 4x2 Crew Cab-60"CA wl Steel wheels $ 204,500.00 0% Frazer,Ltd. First Resp fader(UCV)- Ram 4500 Diesel 4x2 Crew Cab-60"CA w/Steel wheels $ 206,500.00 0% Frazer,Ltd. First Resp 14der(UCV)- Ram 4500 Diesel 4x4 Crew Cab-60"CA w/Aluminum wheels $ 212,000,00 0% Frazer,Ltd. First Responder(UCV)- Ram 4500 Gas 4x2 Crew Cab-60"CA w/Aluminum wheels $ 195,250.00 0% Frazer,Ltd. First Resp o er(UCV)- Ram 4500 Gas 4x2 Crew Cab-60"CA w/Steel wheels $ I93,250.00 0% Frazer,Ltd. First Respotno er(UCV)- Ram 4500 Gas 4x4 Crew Cab-60"CA w/Steel wheels $ 198,500.00 0% Frazer,Ltd. First Resp to er(UCV)- Ram 4500 Gas 4x4 Crew Cab-60"CA w/Aluminum wheels $ 200,750.00 0% Frazer,Ltd. First Responder(UCV)- Chevy C2500 Gas 4x2 Reg Cab-60"CA w/Aluminum wheels $ 177,000.00 0% Frazer,Ltd. First Responder(UCV)- Chevy C2500 Diesel 4x2 Reg Cab-60"CA w/Aluminum wheels $ 188,000.00 0% 10, Frazer,Ltd. First Responder(UCV)- Ford F-350 Diesel 4x4 Crew Cab-60"CA w/Steel wheels $ 200,750.00 0% Frazer,Ltd. First Resp fader(UCV)- Ford F-350 Diesel 4x2 Crew Cab-60"CA w/Steel wheels $ 197,000,00 0% Frazer,Ltd. First Resp lnnder(UCV)- Ford F-350 Diesel 4x4 Super Cab-60"CA w/Steel wheels $ 199,000,00 0% Frazer,Ltd. First Respond er(UCV)- Ford F-450 Diesel 4x2 Crew Cab-60"CA w/Steel wheels $ 202,000.00 0% Frazer,Ltd. First Resp'nader(UCV)- Ford F-450 Diesel 4x4 Crew Cab-60"CA w/Steel wheels $ 205,750.00 0% Frazer,Ltd. First Respotnnder(UCV)- Ford F-450 Diesel 4x4 Super Gab-60"CA w/Steel wheels $ 204,250.00 0% Frazer,Ltd. First Resp lnnder(UCV)- Ford F-450 Gas 4x4 Crew Cab-60"CA w/Steel wheels $ 195,000.00 0% Frazer,Ltd. First Responder(UCV)- Ford F-450 Gas 4x2 Super Cab-60"CA wl Steel wheels $ 189,250.00 0% Frazer,Ltd. First Respo10der(UCV)- Ford F-450 Gas 4x4 Super Cab-60"CA w/Steel wheels $ 193,250.00 0% Frazer,Ltd. First Resp fader(UCH')- Ford F-450 Gas 4x2 Crew Cab-60"CA w/Steel wheels $ 191,000.00 0% Category C-Other Specialty Vehicle or Equipment Frazer,Ltd. Mobile Clinic.-1S' 18'Foot Mobile Clinic Module on International MV Diesel U2 Crew Cab $ 548,000.00 0% 7 DocuSign Envelope ID:AASCDOAC-84AO-4CEI-A373-06AD1618DEB8 Frazer,Ltd. Type I-14'Mobile Ram 4500 Diesel 4x4 Reg Cab-108"CA w/Aluminum wheels $ 445,500.00 0% Training Unit Frazer,Ltd. Type[-14'Mobile Ram 4500 Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 441,250.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ram 4500 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 439,000.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ram 4500 Gas 4x4 Reg Cab-108"CA w/Aluminum wheels $ 434,000.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ram 4500 Gas 4x2 Reg Cab-I08"CA w/Aluminum wheels $ 430,000.00 0% Trainin Unit Frazer,Ltd. Type I-14'Mobile Ram 4500 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 427,750.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ram 4500 Diesel 4x4 Reg Cab-I08"CA w/Steel wheels $ 443,500.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ram 4500 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 431,750.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ram 5500 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 440,250.00 0% Training Unit Frazer,Ltd. Type 1-14'Mobile Ram 5500 Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 442,500.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ram 5500 Diesel 4x4 Reg Cab-108"CA w/Steel wheels $ 444,500,00 0% Trailline Unit Frazer,Ltd. Type I-14'Mobile Ram 5500 Diesel 4x4 Reg Cab-108"CA w/Aluminum wheels $ 446,750.00 0% Traininiz Unit Frazer,Ltd. Type I-14'Mobile Ram 5500 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 429,000.00 0% Traininz Unit Frazer,Ltd. Type I-14'Mobile Ram 5500 Gas 4x2 Reg Cab-108"CA w/Aluminum wheels $ 431,250.00 0% Traininz Unit Frazer,Ltd. Type I-14'Mobile Ram 5500 Gas 4x4 Reg Cab-]08"CA w/Steel wheels $ 433,000.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ram 5500 Gas 4x4 Reg Cab-108"CA w/Aluminum wheels $ 435,250.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 433,500.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 431,750.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Chevy 4500 MD Diesel 4x4 Reg Cab-108"CA w/Aluminum wheels $ 436,750.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 435,000.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-450 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 436,500.00 0% Trainine Unit Frazer,Ltd. Type I-14'Mobile Ford F-450 Diesel 4x4 Reg Cab-108"CA w/AL wheels $ 440,750.00 0% Trainin Unit Frazer,Ltd. Type I-14'Mobile Ford F-450 Diesel 4x4 Reg Cab-108"CA wl Steel wheels $ 439,750.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-450 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 425,500,00 0% TrainiR2 Unit Frazer,Ltd. Type I-14'Mobile Ford F-450 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 428,750.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-450 Gas 4x4 Reg Cab-108"CA w/AL wheels $ 430,000.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-450 Gas 4x2 Reg Cab-108"CA w/AL wheels $ 426,750.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-550 Diesel 4x2 Reg Cab-]08"CA w/AL wheels $ 439,000.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-550 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 437,750.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-550 Diesel 4x4 Reg Cab-108"CA w/AL wheels $ 442,000.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-550 Diesel 4x4 Reg Cab-108"CA wl Steel wheels $ 441,000,00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-550 Gas 4x2 Reg Cab-108"CA w/AL wheels $ 428,000.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-550 Gas 4x2 Reg Cab-]08"CA w/Steel wheels $ 426,750.00 0% Training Unit Frazer,Ltd. Type I-14'Mobile Ford F-550 Gas 4x4 Reg Cab-108"CA w/AL wheels $ 431,000.00 0% Training Unit Frazer, Ltd. Type I-14'Mobile Ford F-550 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 430,000.00 0% Training Unit 8 DocuSign Envelope ID:AA8CD{lAC-84A0-4CE1-A373-06AD1618DEB8 Category E-Remounts Services Only Frazer,Ltd. 12'Remount 12'Remount on Customer Provided Chassis $ 45,000.00 0% Frazer,Ltd. 14'Remount tT Remount on Customer Provided Chassis $ 45,000.00 0% Frazer,Ltd. First Responder(UCV) First Responder(UCV)Remount on Customer Provided Chassis $ 40,000.00 0% Remount Category F-Remount on Contractor Supplied Chassis Frazer,Ltd, Type I-12'Remount Ram 3500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 119,000.00 0% Frazer,Ltd. Type I-12'Remount Ram 3500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 99,500.00 0% Frazer,Ltd. Type I-12'Remount Ram 3500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 126,250.00 0% Frazer,Ltd. Type I-12'Remount Ram 3500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 117,000.00 0% Frazer,Ltd. Type I-12'Remount Ram 4500 Diesel 4x4 Reg Cab-84"CA w/Aluminum wheels $ 134,000.00 0% Frazer,Ltd. Type I-12'Remount Ram 4500 Diesel 4x2 Reg Cab-84"CA w/Aluminum wheels $ 129,750.00 0% Frazer,Ltd. Type I-12'Remount Ram 4500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 127,500.00 0% Frazer,Ltd. Type I-12'Remount Ram 4500 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 122,750.00 0% Frazer,Ltd. Type I-12'Remount Ram 4500 Gas 4x2 Reg Cab-84"CA w/Aluminum wheels $ 118,500.00 0% Frazer,Ltd. Type I.-12'Remount Ram 4500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 116,250.00 0% Frazer,Ltd. Type I-12'Remount Ram 4500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 132,000.00 0% Frazer,Ltd. Type I-12'Remount Ram 4500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 120,750.00 0% Frazer,Ltd. Type I-12'Remount Ram 5500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 128,750.00 0% Frazer,Ltd. Type I-12'Remount Ram 5500 Diesel 4x2 Reg Cab-84"CA w/Aluminum wheels $ 131,000.00 0% Frazer,Ltd. Type 1-12'Remount Ram 5500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 133,250.00 0% Frazer,Ltd. Type I-12'Remount Ram 5500 Diesel 4x4 Reg Cab-84"CA w/Aluminum wheels $ 135,250.00 0% Frazer,Ltd. Type I-12'Remount Ram 5500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 117,500.00 0% Frazer,Ltd. Type I-12'Remount Ram 5500 Gas 4x2 Reg Cab-84"CA w/Aluminum wheels $ 119,750.00 0% Frazer,Ltd. Type I-12'Remount Ram 5500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 121,500.00 0% Frazer,Ltd. Type I-12'Remount Ram 5500 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 123,750.00 0% Frazer,Ltd. Type I_12'Remount Chevy 3500 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 105,750.00 0% Frazer,Ltd. Type I-12'Remount Chevy 3500 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 116,500.00 0% Frazer,Ltd. Type I-12'Remount Chevy 3500 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 108,250.00 0% Frazer,Ltd. Type I-12'Remount Chevy 3500 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 119,250.00 0% Frazer,Ltd. Type I-12'Remount Chevy 4500 MD Diesel 4x2 Reg Cab-84"CA w/Aluminum wheels $ 121,750.00 0% Frazer,Ltd. Type I-12'Remount Chevy 4500 MD Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 120,000.00 0% Frazer,Ltd. Type I-12'Remount Chevy 4500 MD Diesel 4x4 Reg Cab-84"CA w/Aluminum wheels $ 125,000.00 0% Frazer,Ltd. Type I-12'Remount Chevy 4500 MD Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 123,250.00 0% Frazer,Ltd. Type I-12'Remount Ford F-350 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 119,500.00 0% Frazer,Ltd. Type I-12'Remount Ford F-350 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 118,750.00 0% Frazer,Ltd, Type I-12'Remount Ford F-450 Gas 4x2 Reg Cab-84"CA w/AL wheels $ 115,250.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Diesel 4x2 Reg Cab-84"CA w/AL wheels $ 126,250.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 125,000.00 0% 9 ❑ocuSlgn Envelope ID:AASCDOAC-84AO-4CE1-A373-06AD1618DEB8 Frazer,Ltd. Type I-12'Remount Ford F450 Diesel 4x4 Super Cab-84"CA w/Steel wheels $ 130,750.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Diesel 4x2 Super Cab-84"CA w/Steel wheels $ 127,000.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Diesel 4x2 Super Cab-84"CA w/Aluminum wheels $ 128,250.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Diesel 4x4 Reg Cab-84"CA w/AL wheels $ 129,500.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Diesel 4x4 Super Cab-84"CA w/AL wheels $ 132,000.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 128,250,00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 114,000.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Gas 4x4 Super Cab-84"CA w/Steel wheels $ 120,000.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Gas 4x4 Super Cab-84"CA w/Aluminum wheels $ 121,000.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Gas 4x4 Reg Cab-84"CA w/AL wheels $ 118,500.00 0% Frazer,Ltd. Type I-12'Remount Ford F-450 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 117,250,00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Diesel 4x2 Reg Cab-84"CA w/AL wheels $ 127,500.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Diesel 4x2 Reg Cab-84"CA w/Steel wheels $ 126,250.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Diesel U4 Reg Cab-84"CA w/AL wheels $ 130,750.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Diesel 4x4 Reg Cab-84"CA w/Steel wheels $ 129,500.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Gas 4x2 Reg Cab-84"CA w/AL wheels $ 119,750.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Gas 4x2 Reg Cab-84"CA w/Steel wheels $ 115,250.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Gas 4x4 Reg Cab-84"CA w/AL wheels $ 116,500.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 118,500.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Diesel 4x2 Super Cab-84"CA w/Aluminum wheels $ 128,250.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Diesel 4x2 Super Cab-84"CA w/Steel.wheels $ 129,500.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Gas 4x4 Super Cab-84"CA w/Steel wheels $ 121,000.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Diesel 4x4 Super Cab-84"CA w/Steel wheels $ 132,000.00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Gas 4x4 Super Cab-84"CA w/Aluminum wheels $ 122,250,00 0% Frazer,Ltd. Type I-12'Remount Ford F-550 Diesel 4x4 Super Cab-84"CA w/Aluminum wheels $ 133,250.00 0% Frazer,Ltd. Type I-12'Remount International CV515 Diesel 4x2 Cab-84CA w/Aluminum wheels $ 142,750.00 0% Frazer,Ltd. Type I-12'Remount International CV515 Diesel 4x4 Cab-84CA w/Aluminum wheels $ 144,500.00 0% Frazer,Ltd. Type I-14'Remount Ram 4500 Diesel 4x4 Reg Cab-108"CA w/Aluminum wheels $ 134,250.00 0% Frazer,Ltd. Type I-14'Remount Ram 4500 Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 130,000.00 0% Frazer,Ltd. Type I-14'Remount Ram 4500 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 127,750.00 0% Frazer,Ltd, Type I-14'Remount Ram 4500 Gas 4x4 Reg Cab-108"CA w/Aluminum wheels $ 122,750.00 0% Frazer,Ltd. Type I-14'Remount Ram 4500 Gas 4x2 Reg Cab-108"CA w/Aluminum wheels $ 118,750.00 0% Frazer,Ltd. Type I-14'Remount Ram 4500 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 116,500.00 0% Frazer,Ltd. Type I-14'Remount Ram 4500 Diesel 4x4 Reg Cab-108"CA w/Steel wheels $ 132,250.00 0% Frazer,Ltd. Type I-14'Remount Ram 4500 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 120,500.00 0% Frazer,Ltd. Type I-14'Remount Ram 5500 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 129,000.00 0% Frazer,Ltd. Type I-14'Remount Ram 5501 Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 131,250.00 0% Frazer,Ltd. Type I-14'Remount Ram 5500 Diesel 4x4 Reg Cab-108"CA w/Steel wheels $ 133,250.00 0% 10 DocuSign Envelope ID:AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 Frazer,Ltd. Type I-14'Remount Ram 5500 Diesel 4x4 Reg Cab-108"CA w/Aluminum wheels $ 135,500.00 0% Frazer,Ltd. Type I-14'Remount Ram 5500 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 117,750.00 0% Frazer,Ltd. Type I-14'Remount Ram 5500 Gas 4x2 Reg Cab-108"CA w/Aluminum wheels $ 120,000.00 0% Frazer,Ltd. Type I-14'Remount Ram 5500 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 121,750.00 0% Frazer,Ltd. Type I-14'Remount Ram 5500 Gas 4x4 Reg Cab-108"CA w/Aluminum wheels $ 124,000.00 0% Frazer,Ltd. Type I-14'Remount Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Aluminum wheels $ 122,250.00 0% Frazer,Ltd. Type I-14'Remount Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 120,500.00 0% Frazer,Ltd. Type I-14'Remount Chevy 4500 MD Diesel 4x4 Reg Cab-108"CA w/Aluminum wheels $ 125,500.00 0% Frazer,Ltd. Type I-14'Remount Chevy 4500 MD Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 123,750.00 0% Frazer,Ltd. Type I-14'Remount Ford F-350 Gas 4x4 Reg Cab-84"CA w/Aluminum wheels $ 119,500.00 0% Frazer,Ltd. Type I-14'Remount Ford F-350 Gas 4x4 Reg Cab-84"CA w/Steel wheels $ 118,750.00 0% Frazer,Ltd. Type I-14'Remount Ford F-450 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 125,250.00 0% Frazer,Ltd, Type I-14'Remount Ford F-450 Diesel U4 Reg Cab-108"CA w/AL wheels $ 129,500.00 0% Frazer,Ltd. Type I-14'Remount Ford F-450 Diesel 4x4 Reg Cab-108"CA w/Steel wheels $ 128,500.00 0% Frazer,Ltd. Type 1-14'Remount Ford F-450 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 114,250.00 0% Frazer,Ltd. Type I-14'Remount Ford F-450 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 117,500.00 0% Frazer,Ltd. Type I-14'Remount Ford F-450 Gas 4x4 Reg Cab-]08"CA w/AL wheels $ 118,750.00 0% Frazer,Ltd. Type I-14'Remount Ford F-450 Gas 4x2 Reg Cab-]08"CA w/AL wheels $ 115,500.00 0% Frazer,Ltd. Type I-14'Remount Ford F-550 Diesel 4x2 Reg Cab-108"CA w/AL wheels $ 127,750.00 0% Frazer,Ltd. Type 1-14'Remount Ford F-550 Diesel 4x2 Reg Cab-108"CA w/Steel wheels $ 126,500.00 0% Frazer,Ltd. Type I-14'Remount Ford F-550 Diesel 4x4 Reg Cab-108"CA w/AL wheels $ 130,750.00 0% Frazer,Ltd. Type I-14'Remount Ford F-550 Diesel 4x4 Reg Cab-108"CA w/Steel wheels $ 129,750.00 0% Frazer,Ltd. Type I-14'Remount Ford F-550 Gas 4x2 Reg Cab-108"CA w/AL wheels $ 116,750.00 0% Frazer,Ltd. Type I-14'Remount Ford F-550 Gas 4x2 Reg Cab-108"CA w/Steel wheels $ 115,500.00 0% Frazer,Ltd. Type I-14'Remount Ford F-550 Gas 4x4 Reg Cab-108"CA w/AL wheels $ 119,750.00 0% Frazer,Ltd. Type I-14'Remount Ford F-550 Gas 4x4 Reg Cab-108"CA w/Steel wheels $ 118,750.00 0% Frazer,Ltd. Type I-14'Remount international CV515 Diesel 4x2 Cab-108CA w/Aluminum wheels $ 140,000.00 0% Frazer,Ltd. Type I-14'Remount International CV515 Diesel 4x4 Cab-108CA w/Aluminum wheels $ 144,250.00 0% Frazer,Ltd. Type III-12'Remount Chevy G3500 Gas 4x2 Reg Cab-80"CA w/Steel wheels $ 93,750.00 0% Frazer,Ltd. Type III-12'Remount Ford E-350 Gas 4x2 Cutaway Cab-80"CA w/Steel wheels $ 95,500.00 0% Frazer,Ltd. Type III-14'Remount Chevy G4500 Gas 4x2 Reg Cab-100"CA w/Steel wheels $ 94,500,00 0% Frazer,Ltd. Type III-14'Remount Ford E-450 Gas 4x2 Cutaway Cab-100"CA w/Steel wheels $ 96,500.00 0% Frazer,Ltd. First Responder(UCV) Ram 3500 Diesel 4x4 Crew Cab-60"CA w/Steel wheels $ 124,750.00 0% Remuunt Frazer,Ltd. First Responder(UCV) Ram 3500 Diesel 4x2 Crew Cab-60"CA w/Steel wheels $ 121,000.00 0% Remount Frazer,Ltd. First Responder(UCV) Ram 3500 Gas 4x2 Crew Cab-60"CA w/Steel wheels $ 113,500.00 0% ount Frazer,Ltd. First Responder(UCV) Ram 4500 Diesel 4x4 Crew Cab-60"CA w/Steel wheels $ 131,250.00 0% Frazer,Ltd. First Responder(UCV) Ram 4500 Diesel 4x2 Crew Cab-60"CA w/Steel wheels $ 126,000.00 0% Remount Frazer,Ltd. First Responder(UCV} Ram 4500 Diesel 4x2 Crew Cab-60"CA w/Steel wheels $ 128,000.00 0% 11 DocuSlgn Envelope ID;AA8CDOAC-84AO-4CE1-A373-06AD1618DEB8 Frazer,Ltd. First Responder([!CV) Ram 4500 Diesel 4x4 Crew Cab-60"CA w/Aluminum wheels $ 133,500.00 0% Rentnunt Frazer,Ltd. First Responder(UCV) Ram 4500 Gas 4x2 Crew Cab-60"CA w/Aluminum wheels $ 116,750.00 0% Frazer,Ltd. First Responder(17CV) Ram 4500 Gas 4x2 Crew Cab-60°CA w/Steel wheels $ 114,750.00 0% Remgunt Frazer,Ltd. First Responder(17CV) Ram 4500 Gas 4x4 Crew Cab-60"CA wl Steel wheels $ 120,000.00 0% Hcmaunt Frazer,Ltd. First Responder(UCV) Ram 4500 Gas 4x4 Crew Cab-60"CA wl Aluminum wheels $ 122,250.00 D% Remount 1 Category H-Ambulance/EMSIRescue Vehicle Service/Maintenance Plans Frazer,Ltd Labor Labor(Hourly Rate) $ 145.00 0% 12 Customer Quote FRAZER' /2/2269:56:00 AM Estimate No: Z5890-0001 Quote ate: 9/2/2026 Expiration ate: 10/30/2026 Salesperson: LL Payment Terms: Due on Delivery Invoice To: 10675 Deliver To: Erik Cook Erik Cook North Richland Hills Fire-Rescue North Richland Hills Fire-Rescue 6110 Dick Fisher Dr. West 6110 Dick Fisher Dr. West North Richland Hills TX 76180 North Richland Hills TX 76180 US US Order Instructions: Policy on Customer Provided Items for Installation: To ensure optimal performance and longevity of installed equipment, we require that all customer-provided items be new in the box, with the following exceptions: cot retention systems, Knox MedVaults, and Knox KeySecures. In the event that a used cot retention system is provided, it must be accompanied by a new floor plate, wiring harness, and mounting hardware to guarantee functionality and safety. Failure to provide new in the box items, as requested, may result in the equipment not being installed and returned loose with the completed vehicle. All customer provided items must be at Frazer 60 days prior to the projected production start date. This allows us time to inventory and inspect all items prior to production beginning. Failure to provide the items on time, as requested, may result in the equipment not being installed and returned loose with the completed vehicle. PAYMENT TERMS: A progress payment for the chassis portion will be invoiced and is due within 30 days of the chassis arriving at the dealership. The remaining balance will be invoiced 30 days prior to completion and is to be settled at the time of inspection and acceptance of the fully completed unit. The unit will be invoiced approximately 30 days prior to vehicle completion and is due upon acceptance of the completed unit, unless alternate terms have been approved in writing. All ownership documentation—including the Manufacturer's Statement of Origin (MSO), Buyer's Order, and delivery paperwork—will be held until full payment of all open invoices has been received. This won't delay you from inspecting or taking delivery—but you won't receive the paperwork until payment is complete. No. I Item / : Unit Price Net Amount 1 MODULE 1.00 EA $ 340,125.00 $ 340,125.00 Type 114' Module 2 CHASSIS 1.00 EA $ 77,000.00 $ 77,000.00 2027 Ford F-550 Gas 4x4 This chassis price is derived from the latest information provided by Ford. The exact pricing details will not be available until the chassis physically arrives at the dealership, at which juncture adjustments to this price may be made. In the event of any price adjustment, you will receive written notification detailing the changes. 3 DELIVERY 1.00 M $ 0.00 $ 0.00 Customer Pick Up-FOB Frazer Customer must pick up in Houston at Frazer or additional delivery charges will apply. r,z r m4h ar;°copt rrmlums on parts tip to 180 days affor.rhlrmont, ,No rr,stocking farm m4l1ho charood f fh Pon')is rolurnod m4th%n 90 days of fho originalinvvico dato All parts rr,tum.s should ho shipprmd hack frr,ight propaid and rr quiroprior a pro wl m4tl a `f,olurn. ,(f,,1^f/l)"doarly,displayod on tho oxf rior of tho .ship,ring,rar;°f"agr,. f tl ,r rlr%rill n r lr,°rm r. t, l:f/r,.rtr „f"%rr f,rm u�llllyrm rr i,mr.' r z r 1.tr.ros rvos th riohl to r,r,°r rt rr,t rr, ltrm .r at its so ,r iscrotion lya.rrmc."upon tho condition of tho Ron,)to ho,rlar,r,^d back into.rtot;°f". . SUG Frazer, LAB, Page 1 of 3 I n arvaez Customer Quote FRAZER' /2/2269:56:00 AM Estimate No: Z5890-0001 Quote ate: 9/2/2026 Expiration ate: 10/30/2026 Salesperson: LL Payment Terms: Due on Delivery Order Instructions: No. Item / : Unit Price Net Amount 4 HGAC-NEW 1.00 EA $ 1,000.00 $ 1,000.00 Contract No. AM10-23 5 SpecDoc 1.00 EA $ 0.00 $ 0.00 Configurable item to create the SpecDoc 6 194 1.00 EA $ 79.82 $ 79.82 Holder-Glove Box, Triple 7 53092 1.00 EA $ 2,912.36 $ 2,912.36 Generator-Electric 6.3kw, 2020+ Ford Gas 8 33008 1.00 EA $ 133.72 $ 133.72 Pulley-1.95 in x 6 Groove 9 CONTINGENCY 1.00 EA $ 10,000.00 $ 10,000.00 Customer Contingency Fund Razor r m4h ar;°copt rrmlums on parts tip to 180 days affor.rhlrmont, ,No rr,stocking farm m4l1 ho charood f fh Pon')is rolurnod m4th%n 90 r.yw of fho originalinvvico dato All parts rr,tum.s should ho shipprmd back frr,ight propaid and rr quiroprior a pro wl m4tl a `f,olurn. ,(f,,1^f/l)"doarly,displayrd on tho oxf rior of tho .ship,ring,rar;°f"agr,. f tl ,r rlr%rill n r lr,°rm r. t, l:f/r,.rtr „f"%rr f,rm u�llllyrm rr i,mr.' r z r 1.tr.ros rvos th riohl to r,r,°r rt rr,t rr, ltrm .r Wits so ,r iscrotion lya.rrmc."upon tho condition of tho Ron,)to ho,rlar,r,^d back into.rtot;°f". . SUG Frazer, LAB, Page 2 of 3 I n arvaez Customer Quote FRAZER' 9/2/2026 9:56:00 AM Estimate No: Z5890-0001 Quote Date: 9/2/2026 Expiration Date: 10/30/2026 Salesperson: LL Payment Terms: Due on Delivery Order Instructions: No, I Item Qty U/M: Unit Price Net Amount Remit To: Frazer, Ltd. Sale Amount: 431,250.90 1410 Gillingham Lane Order Disc(0.0000%): 0.00 Sugar Land TX 77478 Surcharge: N/A Sales Tax: 0.00 Misc Charges: 0.00 Total Amount: 431,250.90 Frazor m4haccopt rolums on parts tip to 180 days affor shipmont No roslocking farm m4l1ho charoodiffho Pon')is rolurnod m4thin 90 dayw offho original inn dato All parts rolums should ho shippod back froight propaid and roquiro prior ap pro vwl m4th a "Polurns (Pbf/l)doarly,displayrd on tho oxforior of tho shipping packago FrazorL tr.rosorvos thoriohl to Wits sok,discrotion hasodupon tho condition of tho Ron,)to ho placod back into slock SUG Frazer, Ltd, Page 3 of 3 I arvaez FRAZER"' For your convenience, all pricing has been itemized below per quote Z5890-0001 for North Richland Hills Fire- Rescue Base Module $ 178,875.00 Chassis Exterior $ 43,725.00 Module Exterior $ 72,450.00 Chassis Interior $ 18,600.00 Module Interior $ 26,475.00 Total $ 340,125.00 Items included in above totals: 1. Pricing Model Year: 2026 $ 2. Type I- Truck Front End with Modular Body 14' Module - Side Entry Door Forward $ 7,375.00 of Front I/O Configuration 3. This is a CAAS GVS v4.0 2025 Unit $ incl Chassis Exterior: 4. 2 Chassis Keys Provided $ incl 5. Chassis Paint Layout: Paint All One Color- Red (CM405175) $ 7,975.00 6. Chassis : 2027 Ford F-550, Gas, 4x4, Regular Cab, 108" Cab to Axle, Z1 - Oxford $ incl White 7. Suspension: LiquidSpring $ 18,550.00 8. Camera System: Ford OEM Back-up Camera System $ 875.00 9. Wheel type: Painted Steel Wheels Frazer Black (FLNA 4123) $ 2,925.00 10. Road Force Elite tire and wheel balancing $ incl 11. Chassis Steps: Luverne Running Boards $ 1,650.00 12. Grille Guard: Grille Guard with Wraparounds $ incl 13. Led Go-Light with Black Housing with Control Pad at Chassis Headliner $ 2,075.00 14. 10" and 12" Air Horns $ 1,750.00 15. Compressor Type: Fast Recovery $ 2,275.00 16. Air Horn Switching Options: Truck Horn/Air Horn $ 250.00 17. Ceramic Window Tint on Chassis Doors $ 575.00 18. Disable Clear Lights in Park Light Pattern $ 1,025.00 19. Passenger's side Grille Light: Whelen 600 Rota-Beam Red Light $ 550.00 20. Driver's side Grille Light: Whelen 600 Rota-Beam Red Light $ 550.00 21. Passenger's side Intersect Light: Whelen M4 DUO Red/Clear Light $ 300.00 22. Driver's side Intersect Light: Whelen M4 DUO Red/Clear Light $ 300.00 Page 1 of 15 FRAZER"' 23. Driver Fender Light: Whelen M4 DUO Red/Clear Light $ 650.00 24. Passenger Fender Light: Whelen M4 DUO Red/Clear Light $ 650.00 25. UNOC #522 -Paint factory bumper Red to match chassis (CM405175) with Black $ 400.00 reflective striping 26. UNOC #214 -Furnish and install jump start plug mounted on grille guard (see E-4752 $ 400.00 for plug type and brand) 27. UNOC #3679 -Furnish(2)Black Buell air horn trumpets, in lieu of CPQ selection $ incl Chassis Exterior Subtotal $ 43,725.00 Module Exterior: 28. Ceramic Thermal Coating on Module Roof-Roof Will be White $ incl 29. Module Paint Layout: Non-White One Tone -Red (CM405175) $ 4,075.00 30. Anti-Corrosi on/Weatherproof Package $ incl 31. Treadbrite Option: Black-Out Package, with all diamond plating (treadbrite)powder- $ 2,300.00 coated black and rear bumper coated with black bedliner 32. No Design Package $ incl 33. Frazer Provided Tier 2 - Standard Graphics $ 6,775.00 34. Perforated Graphics Material on Rear Entry Door Windows $ 650.00 35. Perforated Graphics Material on Side Entry Door Window $ 325.00 36. Solid Color Conspicuity Squares on Entry Doors $ 550.00 37. Solid Color Conspicuity Strips on Compartment Doors $ 325.00 38. Front Wall Placard: 11" x 8.5" Painted Side-Loading Aluminum Holder with Lasco $ 325.00 39. Driver Side Placard: 11" x 8.5" Painted Top-Loading Aluminum Holder with Lasco $ 325.00 40. Rear Wall Placard: 11" x 8.5" Painted Side-Loading Aluminum Holder with Lasco $ 325.00 41. Passenger Side Placard: I x 8.5" Painted Top-Loading Aluminum Holder with $ 325.00 Lasco 42. Graphics Write-In Option 1: Cut graphics at edges; do not wrap around (see $ incl Colleyville E-3915) 43. Graphics Write-In Option 2: Install label on front of fridge in stacked cabinet that $ incl shows how to open fridge (see E-4502) 44. Graphics Write-In Option 3: Print stripes on module sides continuous so there are no $ incl lines at the bends 45. Body Drop on the Passenger's Side Forward of Rear Wheels $ incl 46. Hidden Switch Behind the Driver's Side Front Corner Stone Guard $ 400.00 47. Dri-Deck in Applicable Exterior Compartments $ 475.00 48. GTT Opticom (Infrared) $ 2,975.00 Page 2 of 15 FRAZER"' 49. Opticom Switching: On with Primary and Cut-off with park $ incl 50. Shore Power: Single 30 Amp auto eject w/Red cover on Rear Wall $ 800.00 51. Pigtail/Plug Option: Pigtail $ incl 52. Coax 1: Run coax from location 1 to Chassis $ incl 53. Coax 2: Run coax from location 2 to Electrical Compartment terminated to Customer $ incl Provided radio base and Customer Provided modem 54. Coax 3: Run coax from location 3 to Electrical Compartment $ incl 55. Coax 4: Run coax from location 4 to Electrical Compartment $ incl 56. UNOC #413 -Furnish and install (4) extra Red Whelen M6 series lights; (1)forward $ 1,425.00 and 1 aft of each side scene light 57. UNOC #1629 - Auto-eject activation to be wired to battery direct so auto-eject will $ 150.00 function when module disconnect is OFF 58. UNOC #1628 -Install customer provided radio equipment: $ 650.00 - Motorola XTL5000 radio base in the electrical compartment; battery hot-ignition activated - (1) single, multi-band antenna for radio and Cradlepoint on module roof - Motorola 05 Radio head in console slot 3 - Mic on D/S of console slot 1 - Speaker on the front of the console 59. UNOC #195 -Install customer provided Cradlepoint modem, Cradlepoint $ 650.00 extensibility dock, and MC400 modular modem multiplexer in electrical compartment, and (2) multi-band antennas on module roof: - (1)multi-band antenna with whip at module roof location#2, terminated to radio base and modem - (1)multi-band antenna at module roof location#5, terminated to modem - Run (1)Frazer-provided CAT-6 cable from modem to Keysecure in console - Run (1)Frazer-provided CAT-6 cable from modem to Medvault in module (see E-4502) 60. *Note to Engineering -Label terminated end of coax from whip antenna portion of $ incl multi-band as "Whip" 61. UNOC #3799 -Furnish and install stainless thresholds on the following $ 625.00 compartments: - P/S Entry Door - Front I/O -Backboard Compartment -Electrical Compartment -P/S Rear Storage Compartment 62. *Note to Engineering and SE Book Release Team - If black door handles are on hand $ incl at time of book release, they are to be included with blackout package; otherwise, remove this note and proceed with chrome handles Page 3 of 15 FRAZER"' 63. Front Wall Light Layout: Lower 5 Lights $ incl 64. Front Wall Light#1: Whelen M6 Clear Light $ incl 65. Front Wall Light#2: Whelen M6 Red Light $ incl 66. Front Wall Light#3: Whelen M6 Clear Light $ incl 67. Front Wall Light#4: Whelen M6 Red Light $ incl 68. Front Wall Light#5: Whelen M6 Clear Light $ incl 69. Front Wall Driver Side Box Light: Whelen M6 Red Light $ incl 70. Front Wall Passenger Box Light: Whelen M6 Red Light $ incl 71. UNOC #381 -Front wall light layout to be Inverted-V $ incl 72. UNOC #3735 -Furnish and install Black flanges for all Whelen "M" series lights $ 275.00 73. Driver Wall Front Box Light: Whelen M6 Red Light $ incl 74. Driver Wall Rear Box Light: Whelen M6 Red Light $ incl 75. Driver Wheel Well Light: Whelen M6 DUO Red/Clear Light $ 325.00 76. Side Scene Lights: Frazer Standard Whelen M9 Black Housing $ incl 77. 02 Compartment Style: 76" 02 Standup $ incl 78. 02 Cylinder Electric Lift $ 6,900.00 79. 02 Cylinder Changing Wrench $ 200.00 80. 02 Regulator - Ship Loose $ 325.00 81. Intermediate Compartment Style: Intermediate with Divider and Adjustable Shelf $ 400.00 82. Electrical Compartment Style: Taller Electrical Compartment $ incl 83. Power Source: MEPS $ 22,600.00 84. Dometic Self-Contained A/C: Includes Exhaust Fan, Air Deflectors and Supplemental $ incl Condenser Fan 85. Rear Storage Compartment Style: Rear Storage with Flatbars for SCBA Brackets $ 400.00 86. (2) SC-50-H-6-SF SCBA brackets in Rear Storage Compartment Raised 10 inches off $ 1,750.00 the Floor 87. Irons Lok K5003 Bracket in Driver's Side Rear Storage Compartment, on back wall. $ 575.00 88. Coat Hooks: Four Hooks - 1 on Front Wall, 1 on Rear Wall, and 2 on an angle on the $ 400.00 Ceiling 89. (2) Survivor Flashlights on Floor by SCBA Flatbars wired Battery Hot $ 1,100.00 90. UNOC #513 -Furnish and install (2)ZICO Walkaway Spring Clip SCBA brackets $ incl (KD-UH-6-SF)in back corners of D/S rear storage compartment, in lieu of CPQ selection 91. UNOC #1460 -Install customer provided thermal imager in D/S rear storage $ 300.00 compartment, on front wall, toward door; wired failsafe (see E-4752) Page 4 of 15 FRAZER"' 92. UNOC #1461 -Furnish and install bolt cutter bracket in D/S rear storage $ 650.00 compartment, on rear wall toward door(see E-4752) 93. *Note to Engineering: Install Irons Lok bracket on back wall of D/S rear storage $ incl compartment, touching compartment floor(see E-4752) 94. UNOC #2449 -Furnish and install threshold and ramp piece in intermediate $ 325.00 compartment to protect door rubber 95. Module Window Option: Sliding Window $ incl 96. Upper Rear Wall Light Layout: 5 Across $ incl 97. Upper Light#1: Whelen M6 Red Light $ 475.00 98. Upper Light#2: Whelen M6 Load Light $ incl 99. Upper Light#3: Whelen M6 Amber Light $ incl 100. Upper Light#4: Whelen M6 Load Light $ incl 101. Upper Light#5: Whelen M6 Red Light $ 475.00 102. Lower Light#1: Whelen M6 Brake/Tail/Turn Red Light $ incl 103. Lower Light#2: Whelen M6 Brake/Tail/Turn Red Light $ incl 104. Lower Light#3: Whelen M6 Red Light $ incl 105. Lower Light#4: Whelen M6 Red Light $ incl 106. Rear Wall Driver Box Light: Whelen M6 Red Light $ incl 107. Rear Wall Passenger Box Light: Whelen M6 Red Light $ incl 108. Rear Backboard Options: 5" Compartment Shelf $ 400.00 109. Lower BTTs: 2 M6 Lights on each side $ 1,150.00 110. Rear Bumper $ incl 111. Door Grabbers $ incl 112. License Plate Light $ incl 113. UNOC #220 -Furnish and install (2)Whelen M9 series Super LED "V" light heads $ 700.00 with Red lenses and integrated load lights, on rear of module, in lieu of standard load lights *Note: Load light portion to come ON with Reverse, with three-way switching at rear doors and console, and when rear doors are OPEN 114. Passenger Wall Front Box Light: Whelen M6 Red Light $ incl 115. Passenger Wall Rear Box Light: Whelen M6 Red Light $ incl 116. Passenger Wheel Well Light: Whelen M6 DUO Clear/Red Light $ 325.00 117. Passenger Scene Light Activated with Side Entry Door $ 525.00 118. Interior Step Option: Double Step Well $ incl 119. Side Entry Step Well Threshold: All Black Non-Skid $ incl Page 5 of 15 FRAZER"' 120. Passenger Rear Compartment Style: Passenger Side Storage Compartment $ incl 121. Door Locks on Entry Doors and Compartments $ 4,575.00 122. Gas Hold Open on All Compartments $ 1,950.00 123. UNOC #1463 -Furnish and install adjustable shelf in P/S rear storage compartment $ 900.00 Module Exterior Subtotal $ 72,450.00 Chassis Interior: 124. Siren Speakers: Whelen SA 315 Speakers $ incl 125. Tap-2 on Primary Siren $ incl 126. Siren Option: Whelen Al Siren in Console $ incl 127. Mic 1 on passenger's side slot 1 $ incl 128. HAAS Alert System: HAAS Alert Responder to Vehicle - 3 Year Sub $ incl 129. Slot 1: Extended MDT plate - no swivel, no fuel gauge $ 200.00 130. Slot 2: Single Slot Switch Panel $ incl 131. Slot 3: Radio Plate: 7 L X 2 W opening dims Item ID 22667 $ incl 132. Slot 4: Siren 1 $ incl 133. COMP OPEN/DOOR OPEN Warning Buzzer $ 425.00 134. COMP OPEN/DOOR OPEN Amber Warning Light on Other - details in UNOC $ 575.00 notes 135. Console Switch Layout : Primary - Secondary - Air Horn - Blank- Side Scene $ incl (Driver's Side) - Side Scene (Passenger's Side) - Rear Load - Interior Lights - Blank 136. New Armrest $ 400.00 137. Console Layout: 4-Slot Console $ incl 138. Floor in Front of Console: Gamber Johnson Heavy Dual Cup Holder $ 325.00 139. Rear of Console: Single Mapholder $ 400.00 140. Chassis Rear Wall: 2 High Glove Box Holder $ 325.00 141. Secure-Idle Anti-Theft System $ 1,050.00 142. UNOC #796 -Install customer provided docking station and motion adapter on MDT $ 525.00 plate with customer provided Lind power supply inside the console; wired battery hot 143. *Note to Engineering: Amber TIR3 warning light on front of console (see E-4752) $ incl 144. UNOC #2313 -Revised 4-slot console layout: $ incl - Slot 1: Extended MDT Plate - no swivel, no fuel gauge - Slot 2: Core Control Head - Slot 3: Radio Plate: 7.06 L x 2 W opening dims (Item 22667) - Slot 4: Blank Page 6 of 15 FRAZER"' 145. UNOC #3341 -Furnish and install Whelen CenCom Core WeCanX system; Frazer $ 13,800.00 installation includes components, labor, and materials to program, configure, and complete the installation as defined below: Lighting and Control Features: - Light Heads: quantity, sizes, and colors per configuration - Lighting Modes: *Daytime Clearing: All lights flash fast, high intensity *Daytime Blocking: All lights flash fast, high intensity; Clear lights off *Night Clearing: All lights flash fast, high intensity *Night Blocking: All lights flash slow, low intensity, DVI pattern, Clear lights off *Clear Lights: Auto-off when in Park - Photocell (51349): Small sensor on dash auto-detects day/night - Rear Emergency Lights: Momentary button sets lights to low DVI pattern - Vehicle Sync (52309)included Control System: - Control Panel: Whelen CCTL7 (52308) at console with 21 programmable buttons and slide selector - Siren Base: CenCom (52307) - Auxiliary Amp: Dual-tone (52457) - (2)Expansion Modules: (52355), included with Frazer Item 52394 - Slide Selector Configuration: *Slider Switch#1: Primary lights ON *Slider Switch#2: Primary + all Red Secondary lights ON *Slider Switch#3: Primary + Secondary lights+ Opticom ON Optional Systems (Additional Cost): - Buell Air Horns: Controlled via Core panel - Opticom: Primary lights activated, Park deactivates; manual control with indicator light. Additional Notes: - Any additional programming and customization to be done through the local Whelen distributor; Frazer can provide contact info if needed - Interior ceiling lights will not be controlled via Core system - Install switches for Interior Lights and Compartment/Door Open indicator lights on D/S of Extended MDT plate (no Frazer switch panel) 146. UNOC #446 -Install customer provided Knox Keysecure on floor in front of console, $ 575.00 toward D/S, facing up; connected to modem; battery hot 147. *Note to Engineering - CORE and air horns to be programmed to match the $ incl programming of E-4752 done after delivery; see programming file in build folder Chassis Interior Subtotal $ 18,600.00 Page 7 of 15 FRAZER"' Module Interior: 148. Protek Cushions $ incl 149. Gunmetal Grey Interior $ incl 150. Stainless Steel Countertops $ incl 151. Stainless Steel Grab Rails $ incl 152. 5 lb. ABC Fire Extinguisher with SAE Compliant Bracket Shipped Loose and $ incl Included with New Build 153. EXCEPTION TO STANDARD: Standards Compliant Fire Extinguisher Requirement $ incl Declined. Two fire extinguishers mounted on crash compliant brackets in the Driver's Compartment or vicinity and the Patient Compartment are required for certified units. Customer has approved waiving this option and understands that not meeting these requirements will result in the unit being Compliant With Exception. 154. Stacked Cabinet with Medvault Opening and Norcold Refrigerator $ 4,300.00 155. Customer Provided Medvault $ 800.00 156. Refrigerator Lock $ 425.00 157. (2) Glove Box Holders on the Front Wall $ 550.00 158. Module Heater with A/C Bypass Switches Located Below Vacuum Regulator on $ 1,425.00 Action Wall 159. UNOC #457 - (3) stacked front wall cabinets on D/S of pass-thru window, facing P/S: $ incl - Upper cabinet: Medvault - Middle cabinet: Norcold refrigerator - Bottom cabinet: Austin Harware door and (3) shelves 160. UNOC #1466 -Furnish and install (1)large Aluminum map holder on 02 stainless, $ 300.00 2" above action wall countertop (see E-4752) 161. *Note to Engineering - Apply "Pull To Open" label on fridge (same as previous unit) $ incl 162. Location 1: 8 Switch panel $ incl 163. Location 2: Double 02 Outlet $ incl 164. Location 3: Electric 02 panel with monitor $ 2,775.00 165. Location 4: Volume Control Knob $ incl 166. Location 6: Blank $ incl 167. Location 7: Thermostat $ incl 168. Location 8: Quad 120 VAC $ incl 169. Location 9: Suction $ incl 170. Door Lock Switch at Action Wall $ 250.00 171. (1)Kussmaul USB/USB-C Device(s) at Action Wall $ 400.00 Page 8 of 15 FRAZER"' 172. Action Wall Switch Layout : Interior Lights; Dimmer; Ventilation Fan; Electric 02; $ incl Kussmaul USB/USB-C; Unlock/Lock; Blank; Blank; 173. Sharps Container at Action Wall $ incl 174. New Action Wall Acrylic Holder $ incl 175. Double CPR Seat $ incl 176. 4pt Harness with a Valor Cushion at the CPR Seat $ 2,450.00 177. Acrylic Holder Aft CPR Seat $ incl 178. Rear Door Switch Layout : Blank; Blank; Dump/Bypass (Suspension); Rear Load; $ incl 179. UNOC #1464 -Furnish and install 2-high D cylinder holder inside the CPR under- $ 325.00 seat storage, laying down and facing rear; ribbed rubber on bottom of compartment; a narrow strip of ribbed rubber in bottom of each section of holder 180. UNOC #1855 -Reconfigured action wall layout: $ incl - Double 02 outlet relocated to location 3 - Electric 02 relocated to location 2 181. UNOC #4199 -Delete module heater bypass switch and integrate module heater and $ incl thermostat controls: - Move module heater High/Off/Low switch to action wall switch location 7; do not cut out or install separate switch panel below vacuum regulator on action wall 182. New Protek Cushions at Squad Bench $ incl 183. Two Seating Positions at the Squad Bench - 2 and 3 $ incl 184. Harness Type for Seat Position 2: 6pt Harness $ 875.00 185. Harness Type for Seat Position 3: 6pt Harness $ 875.00 186. New 22 Pocket Acrylic Holder and New Sharps Container at Squad Bench $ 1,350.00 187. Triple Squad Bench Cabinet $ 1,500.00 188. Trashcan With Lid at the Head of the Squad Bench $ incl 189. 02 Outlet Above the Front I/O $ incl 190. Door Forward Front I/O with Hospital Grade Power Strip with Lexan Doors $ incl 191. Duplex Outlet Above the Front I/O $ incl 192. Additional Hospital Grade Power Strip in Front I/O Cabinet $ 375.00 193. Large Black Trashcan at the Side Entry Door $ 325.00 194. Single 02 Outlet in Ceiling Raceway $ 550.00 195. IV Hanger on Ceiling Raceway $ incl 196. Driver and Passenger Side Stainless Steel Ceiling Grab Rails for 14' Unit $ 475.00 197. IV Hanger on Squad Bench Ceiling $ incl 198. Rear Headknocker Options: With Speakers only $ 1,100.00 Page 9 of 15 FRAZER"' 199. Stryker cot tower only (no antler and bar) $ incl 200. Customer Provided Stryker Power-LOAD - Gen 2 (floor track, power harness, $ 2,700.00 carriage and trolley) 201. Loncoin II Onyx Floor $ incl 202. Captain's Chair Type: Captain's Chair with Child Safety Seat and 4pt. Harness $ 1,150.00 203. Customer Provided Items Processing Fee $ 1,200.00 Module Interior Subtotal $ 26,475.00 Page 10 of 15 FRAZER"' Last edited by lnarvaez on September 02 2026 Email this quote along with your PO to Lauren Lambert at llambert@frazerbilt.com Remit To: Per TMVCC, we are quoting this through our licensed franchise dealer, Sterling McCall Ford. Sterling McCall Ford 6445 Southwest Freeway Houston, TX 77074 Standard Terms and Conditions INVOICING AND PAYMENT TERMS: Vendor shall submit one (1) original invoice per payment due. The invoice(s) shall include the items listed in accordance with the quote mentioned in the Sale Agreement with reference to the Customer's Purchase Order Number. If the Sale Agreement provides for any progress (or advance)payments based on specific milestones or activities, Vendor's invoice shall certify to the accomplishment or performance by Vendor of said milestone or activity, and that Customer has obtained a security interest in such Products to the extent of such payment. Payment shall be due upon receipt of the invoice and delivery of the unit to the Customer unless previously negotiated. CANCELLATION POLICY: Cancellation of orders must be submitted in writing to sales@frazerbilt.com at least 180 days before the projected production completion date. Failure to adhere to this timeline may result in the application of a cancellation fee amounting to 25% of the total purchase order price. CHASSIS PAYMENT CONSIDERATION: Please note that payment for the chassis may have been issued prior to the 180-day cancellation window. Therefore, cancellation requests or refunds pertaining to the chassis will be at the discretion of the respective dealerships. Page 11 of 15 FRAZER"' DELIVERY TERMS: The products listed in the estimate are to be delivered Free On Board (FOB) Destination to Houston,TX. Customer representative(s)will pick up the unit at upfitter location, 7219 Rampart St., Houston, TX 77081 and transport it to their final destination at customer expense unless otherwise specified in the Vendor quote. TERMINATION FOR CAUSE: Customer may terminate this Sale Agreement and any corresponding Purchase Order, or any part thereof, for cause including, but not limited to the following Vendor actions: (1) any default or breach of any of the terms and conditions of the Sale Agreement, (2)failure to provide Customer, upon request, a reasonable assurance of future performance, or(3)bankruptcy, dissolution, or suspension of payments by judicial decree. If Vendor does not cure such failure within a period of five (5) days or such a longer period as Customer may authorize in writing after the date such notice is sent to Vendor, then termination may proceed. Vendor may also terminate this Sale Agreement and any corresponding Purchase Order for cause, and Vendor will not be in breach of same, in the event any supplier to Vendor fails to deliver Products and/or component parts in a timely fashion and Vendor cannot make alternate accommodations in order to comply with the Parties' agreed upon completion and delivery dates. CHANGE ORDERS: Vendor has the right to modify the Purchase Order requirements and conditions as needed and will advise Customer in writing of such requested changes. Vendor shall not proceed with any changes without Customer's written authorization. Any request by Customer to change the terms or conditions of the Purchase Order, including product specifications, options, and price, must be made in advance of the production job order release. Any changes made after the release of the production job order will incur a $350 fee per change order made in a 24 hour period and will be included on a secondary invoice. Vendor reserves the right to refuse changes requested by the Customer. MARKET VOLATILITY AND FEATURE AVAILABILITY: Frazer strives to maintain transparency and proactive communication with its customers. Due to market volatility, supply chain disruptions, or other unforeseen circumstances, certain options, brand names, materials, or features may become unavailable during the production process. In such instances, Frazer will notify the customer promptly and work collaboratively to identify and implement suitable alternatives that uphold the functionality, quality, and design standards of the product. Frazer appreciates the customer's understanding as it navigates these challenges and remains committed to delivering products that meet or exceed customer expectations. Page 12 of 15 FRAZER"' IMPORT DUTIES AND TARIFF DISCLAIMER: The pricing provided in this estimate is based on current market conditions as of the date of issuance and does not account for potential import duties, tariffs, or other fees that may be imposed on goods imported from non-U.S. countries. Should such charges come into effect prior to the fulfillment of the order, these additional costs may be reflected in the final pricing. Frazer will provide timely notice of any such changes, including a detailed explanation of the impact, and will work in good faith with the customer to minimize any adverse effects. Frazer values its relationship with the customer and encourages open communication to address any questions or concerns that may arise. PROPRIETARY INFORMATION, CONFIDENTIALITY AND ADVERTISING: All commercial, financial or technical information in any form that Vendor provides to Customer shall be deemed proprietary and confidential and Customer shall not disclose such information to third parties without Vendor's written consent. Termination of the Sale Agreement shall not relieve Customer of this confidentiality obligation. Upon Vendor's request, Customer shall return all confidential information to Vendor along with any reproductions, in whole or in part. The confidentiality obligation does not apply to information that is in the public domain through no fault of Customer or to information lawfully within Customer's possession prior to the date of the Purchase Order, as evidenced by Customer's written records. INDEMNIFICATION: Customer shall fully release, indemnify, defend and hold harmless Vendor, its co- venturers, its contractors, and their respective affiliates, and Vendor's and their respective directors, officers and employees (including agency personnel) ("Vendor Group") from and against any and all claims arising out of the Customer's purchase, use, sale or incorporation of any Products purchased from Vendor into Customer's products or equipment wherein it is claimed or alleged that Vendor's Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Order without regard to any allegation of negligence on the part of the Vendor Group as it pertains to Vendor's Products. Vendor shall fully release, indemnify, defend and hold harmless Customer, its co-venturers, its contractors, and their respective affiliates, and the Customer's and their respective directors, officers and employees (including agency personnel) ("Customer Group")from and against any and all claims arising out of the Customer's purchase, use, sale or incorporation of any Products purchased from Vendor into Customer's products or equipment wherein it is claimed or alleged that Vendor's Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Order without regard to any allegation of negligence on the part of the Customer Group as it pertains to Vendor's Products. Customer Initials: Page 13 of 15 FRAZER"' LIMITATIONS ON DAMAGES: In the event of any dispute, disagreement or breach alleged by Customer on the part of Vendor, Customer's exclusive and sole remedy shall be repair or replacement, if practical, of the module, or component part, by Vendor. If Vendor is not able to effectuate a repair, replacement, or cure that brings the module, or component part, into compliance with the Parties' agreement, then Vendor shall refund the sale price to Customer. In no event shall Vendor be liable to Customer, or to any third-party acting through Customer, for any additional, consequential or punitive damages, or damages for lost sales, revenue or profits claimed by Customer or any third-party acting through Customer. FORCE MAJEURE: A force majeure delay shall mean any delay or other unforeseeable causes beyond the reasonable control of the party affected, provided that any such delay is not caused, in whole or in part, by the acts or omissions of the party so delayed and further provided that such party is unable to make up for such delay with reasonable diligence and speed. If any such cause delays Vendor's performance, the delivery date or time for completion may be extended by a period of time reasonably necessary to overcome the effect of such delay; however, Vendor shall take all reasonable measures to mitigate the effects of the force majeure event and to minimize such delay. A party affected by a force majeure event shall notify the other party of such force majeure event within forty-eight(48) hours of its knowledge of such event for the event to be considered a bona fide force majeure event. TITLE AND RISK OF LOSS: Title to the Products shall transfer to Customer upon receipt of Products by Customer or its agent unless otherwise stated in the Sale Agreement. Notwithstanding the above, risk of loss of the Products shall remain with Vendor until delivered to Customer. WAIVER: Vendor's failure to exercise or enforce any right in the Purchase Order, or any other right or privilege under law, or Vendor's waiver of any breach by Customer shall not constitute a waiver or modification of any terms, conditions, privileges or rights whether of the same or similar type, unless Vendor gives such waiver in writing. LIENS: Vendor waives and relinquishes all existing and future liens and claims (statutory or otherwise) for the Products specified in the Purchase Order, and warrants that the Products will be free and clear of all liens, claims or encumbrances of any kind. INSPECTION, REVIEW AND WITNESSING: Customer and/or the ultimate owner of the Products have the right to inspect and attend testing of the Products at Vendor's premises (or its supplier's or subcontractor's premises)with reasonable advance notice. If any inspection is made on the premises of Vendor or its supplier, Vendor, without additional charge, shall provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. Page 14 of 15 FRAZER"' APPLICABLE LAW AND VENUE: The Sale Agreement shall be governed and interpreted in accordance with the laws of the State of Texas, without reference to any principle of conflict of laws. Customer and Vendor expressly exclude the application of the Convention on International Sale of Goods to the Sale Agreement. Venue for all judicial, administrative, or regulatory proceedings shall be Houston, Harris County, Texas. OWNERSHIP OF DOCUMENTS: Title to all drawings, specifications, calculations, technical data and other documents that Customer submits in accordance with the Purchase Order shall vest with Vendor. Vendor shall have the right to use such documents for any purpose pertaining to the manufacture, assembly, and delivery of the Products. Title to all drawings, specifications, calculations, technical data, and other documents that Vendor submits to the Customer shall vest with the Customer. Customer shall have the right to use such documents for any purpose pertaining to the installation, operation, and maintenance of the Products. INSURANCE: Vendor shall comply with the project insurance requirements for which the Products are being provided. Customer shall provide specific reasonable levels required as soon as such levels are available, which shall not exceed $1,000,000 for any non-statutory category other than excess liability umbrella, which shall not exceed $4,000,000. When requested by Customer, Vendor shall provide certificates of insurance as proof of same. SURVIVAL: The provisions of the following Paragraphs of these Terms and Conditions shall survive any cancellation or termination of the Purchase Order: (Proprietary Information, Confidentiality and Advertising), (Indemnification), (Liens), and (Applicable Law and Venue). Page 15 of 15 AMENDMENT NO. 1 TO CITY OF NORTH RICHLAND HILLS STERLING MCCALL FORD COOPERATIVE PURCHASE CUSTOMER AGREEMENT THE STATE OF TEXAS § THE COUNTY OF TARRANT § WHEREAS, the City of North Richland Hills ("City") and Sterling McCall Ford ("Contractor") collectively referred to as the"parties,"made and entered into a Cooperative Purchase Customer Agreement effective on December 11, 2024 ("Agreement"); and WHEREAS,the Agreement involves Ambulances, EMS, and Other Special Service Vehicles provided to the City and is governed by the terms and conditions of H-GAC #AM10-23 ("H-GAC Contract"); and WHEREAS, the Agreement provides for a maximum expenditure amount not to exceed $943,898.00 through September 30". 2027; and NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. Effective immediately, the Cooperative Purchasing Customer Agreement is hereby amended to modify the Agreement to provide a maximum expenditure amount which shall not exceed $1,375,148.90 through September 301h. 2027. 2. All other provisions of the Agreement that are not expressly amended herein shall remain in full force and effect. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: STERLING MCCALL FORD: By: By: Paulette A. Hartman, City Manager Priscilla Cortez,Fleet Manager Date: Date: APPROVED TO FORM AND LEGALITY: ATTEST: By: By: Bradley A. Anderle, City Attorney Alicia Richardson, City Secretary/Chief Governance Officer Template for Amendment to Appendix H-Pricing Increase CA-CONTRACT NO.PUR005 20210501 city Secretary office MKH Official Record CoPY NO&TH KICHLAND 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 Sterling McCall Ford("Vendor") and the City of North Richland Hills,("Customer"or"Authorized Customer"),a Texas government entity,and a Customer authorized to purchase goods or services pursuant to the Agreement between the I H-GAC I("Cooperative Entity") and Vendor, Contract No.AMI 0-23 , as amended, (the "Agreement")with an expiration date of 0130120#,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 lhttpsJlwww.hgacbuy.org/Products-and-Services# or upon request from Vendor,(III) the attached Vendor Quote/Purchase Order No.04426-0001 ,if applicable,and(iii)the Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills Contracts, if applicable, all of which are attached hereto and/or incorporated herein by reference. Authorized Customer is eligible and desires to purchase(Ambulances,EMS,and Other Special Service Vehicles I 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 $ 460,460.00 ("Purchase Price"). Term-The Term of this Customer Agreement("Term"}shall be for one of the following as selected below(Select the type of contract that applies): 101 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, 1 ❑ [Supply/As Needed Contract—The Term shall be effective as of October 11t and shall expire on September 3011 at the end of FY 24-25.This Customer Agreement shall be for multiple purchases of goods or services on an as needed basis,from the same vendor under the same contract,and shall not exceed the budgeted amount for Customer's current fiscal year for the applicable goods and services. (❑ Multi-Year Contract—The Term shall be for 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 publicwould 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) 21 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 day of 1 20 24 [Signature Page Follows] NRH Cooperative Purchase Customer Agreement,Page 1 of 2 CA-CONTRACT NO.PUR000220220107 Vendor Name:Click or tap here to enter text. Rev.08-26-2024 City Secretary Offide ACCEPTED AND AG REM: Official Record C ' "0 CITYOF NORTH RICHLAND HILLS: Aq-Mr-COtt APPROVED:I certify that funds are currently available Ste ant for this purchase 1�eg— a ant Me : 0 (Check the box If$3,000 or less) 4TC19e: Inventory Contro anager By: Eva G,Ramirez —W Date:Click or tap to enter a date. Eva Ramirez,�Purchasing Manager Department Director: BY; Printed Name:Click,or tap here to enter text. Departmen t.-C lick or tap here to enter text, APPROVED: By.. 5D _ Date.Jett H4 ar an,,,y Manager Or Designee: By: Date: Name: 7i!5ck or tap'here to enter text. liiilli I 1111jilk Title: Click or tap here to enter text. XICHt ATTEST' By, P11cla Richardson,City SecretarnlflchleBo : ,Oz Governance Officer %-;e "Y By: Traci Henderson,-Assistant city Secretary NRH City Council Action: Y 10/ N El Date Approved: -q - AgendaltemNo: « I C) Ord/Res No. Click or tap here to enter text, APPROVED MA D By: L IT 13r, X5L d ZyAnd r CI Y Attorney NRH Cooperative Purchase Customer Agreement,Page 2 of 2 CA-CONTRACT NO.PUR0002 20220107 Vendor Name:Click ortap here to enter text. Rov.08-26-2024 City Secretary Office TqRH SOfficial Record Copy NORTH RICHLAND HILLS (APPENDIX H TO THE PURCHASING POLICY AND PROCEDURES MANUAL) CITY OF NORTH RICHLAND HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement("Customer Agreement")is entered Into by and between Sterling McCall Ford.("Vendor")and the City of North Richland Hills,("Customer"or"Authorized Customer"),a Texas government entity,and a Customer authorized to purchase goods or services pursuant to the Agreement between the H-GAG ("Cooperative Entity")and Vendor,Contract No,AM1 0-23,as amended,(the"Agreement') with an expiration date of 9130/2027.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://www.hgacbuy.org/Products-and-Services or upon request from Vendor, (ffl) the attached Vendor Quote/Purchase Order No.4696,if applicable,and(ill)the Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills Contracts,if applicable,all of which are attached hereto and/or Incorporated herein by reference.Authorized Customer is eligible and desires to purchase Ambulances, EMS, and Other Special Service Vehicles pursuant to the terms and conditions of the Agreement as the Cooperative Entity may specify from time to time,as well as the terms and conditions of this Customer Agreement,To ensure goods and services are provided directly to the Customer,the Cooperative Entity will only be responsible for services provided to the Cooperative Entity will not be responsible for payments for services provided to the Customer. The Authorized Customer agrees to the terms and conditions of the Agreement as applicable and as authorized by law.The Authorized Customer hereby agrees that it Is separately and solely liable for all obligations and payments for equipment,products and services provided hereunder.Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the Cooperative Entity under the Agreement,as applicable,as if Customer had entered into the Agreement.Except In the eventof 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 $480,869.00("Purchase Price"). Term-The Term of this Customer Agreement( Term")shall be for one of the following as selected below(Select the type of contract that applies): Z 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 Customers current fiscal year for the applicable goods and services. E) Supply/As Needed Contract—The Term shall be effective as of October 111 and shall expire on September 301'at the end of FY 2026.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 Customers current fiscal year for the applicable goods and services. El Multi-Year Contract—The Term shall be for Number of years year(s)expiring on Expiration Date.This Customer Agreement may be renewed for Number of Renewals.Customer Agreement shall be with a single vendor for products and services.If the amount of expenditures under this Multi- Year Contract equals or exceeds$50,000 in the aggregate,City Council approval is required.In the event the City does not appropriate sufficient funds to make payments during the current or any subsequent year,the City shall have the right to terminate this Multi-Year Contract at the end of any such fiscal year without penalty. 0 Emergency Purchase—Purchases that are necessary to address a public calamity,because of unforeseen damage to property,or to protect the public health orsafety 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) IZ 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 to*, day of UCj!,"10Cr S,07-6 [Signature Page Follows] NRH Cooperative Purchase Customer Agreement,Page 1 of 2 CA-CONTRACT NO,PUR000220220107 Rev,08-18-2025 Vendor Name: Sterling McCall Ford City Secretary Office ACCEPTED AND AGREED: 0 Official Record Copy CITY OF NORTH RICHLAND HILLS: Sterling McCall Ford: APPROVED:I certify that funds are currently available By: ft for this purchase. Name:Priscilla Cortez r-I (Check the box If$3,000 or less) Title:Sales Admin By: CPS g � Date: 11/05/2025 Charles Benson,Purchasing Manager Department Director: By: Printed Name: Department: APPROVED Date:.=-.S By: Pa lette -7nity Mahager iartman Or Designee: By: Date: Name: Title: ATTEST- By. Alicia Richardson,City SgqrZl ark/Chief . Governance Officer =u- . r I- : 0. . 0 By: Crystal Dozier,Assistant * s, NRH City Council Action: Y/ NO Date Approved: 102- 12C)"r- 41Q Agenda Item No: 5.1 LP Ord/Res No, APPROVED T -ORI A A TY: By: Bradley A50ffle,City Attoffiey NRH Cooperative Purchase Customer Agreement,Page 2 of 2 CA-CONTRACT NO.PUR000220220107 Rev.08-18-2025 Vendor Name: Sterling McCall Ford k4Ft6H NQKTH0CBL/\NDHILLS GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY DF NORTH R|CHLAND 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 specifically executed provision within the contract vr purchase order, provided same is pnnniomb|e 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 o,found on Contractor's wabsi»wor other electronic platform. APPLICATION. This GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY OF NORTH R|CHLANDHILLS, 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 Agreementwith Additional Terms: n-GAC Legal Name of Cooperative Contractor: Sterling McCall Ford Legal Name of Third-Party Contractor(if applicable)(if not applicable enter NA\): Description of Goods o,Services Smmimm^>: Ambulances,EMS,and Other Special Service Vehicles Cooperative Agreement:o-GxC#AM1V-23 Total Contract Price:$ 1'375'148.90 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 m 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 Qty'a paymentsvnd*rtheAgnevment.ino|udingthoUmeofpaymontandthepaymonto/intnmot 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 d d h (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 m the Contractor presented by invoice m the City if necessary m conform the amount*o the terms nf the Contract, the Texas Government Code or this Government Rider.To the extent the Agreement requires the City m agree ma higher rate ofinterest than allowed by law,u,m incur penalties or late fees prior m30 days befon,,onoivto(mvoinooraewioes.anyouchroquimmonmshaUbenuUvndvoid.ao:hombvdv|etedhnmtho Agreement and shall have nn force oreffect. 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 o*noUvm, and there are no proceeds available for payment from the oa|o of bonds o,other debt inotmmenm, men 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 m the City,|f 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 X|vf 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 duringthe Term of the Agreement,o'm 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 o,effect. o.o INDEMNIFICATION AND LIABILITY.CONTRACTOR SHALL BE LIABLE FOR,AND SHALL INDEMNIFY AND HOLD THE CITY ITS OFFICERS, AGENTS, EMPLOYEES,VOLUNTEERS,AND REPRESENTATIVES(collectively"CITY |woEMm|TEES" HARMLESS FROM ANY INJURY, LOSS OR DAMAGE DUE TO,On 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 Om ANY oF ITS AFFILIATES, EMPLOYEES,DIRECTORS,OFFICERS,VOLUNTEERS,OR REPRESENTATIVES(collectively the"CONTRACTOR INDEMNITEES")HARMLESS, THE CITY SHALL NOT os REQUIRED To DEFEND ANY CONTRACTOR|mosmwnEs UNDER THE AGREEMENT AND THE CITY SHALL ONLY INDEMNIFY OR HOLD ANY INDEMNITEE HARMLESS TO THE EXTENT PERMITTED BY APPLICABLE LAW,AND ONLY ToTHE EXTENT SUCH INJURY, LOSS, OR DAMAGE |S DUE TO THE NEGLIGENT ACTS om OMISSIONS ORINTENTIONAL MISCONDUCT Or THE CITY. THE CITY SHALL NOT Bs UNDER ANY OBLIGATION TO CREATE ANY SINKING FUND To SATISFY ANY OBLIGATION TO INDEMNIFY UNDER THE AGREEMENT.NOTWITHSTANDING ANY OFTHE FOREGOING,|NNO EVENT SHALL THE C|TY'S LIABILITY EXCEED THE TOTAL AMOUNT nF FEES PAID Bv THE CITY UNDER THE AGREEMENT FOR THE PREVIOUS TWELVE MONTH PERIOD.|wwo EVENT SHALL EITHER PARTY oE Government Contract and Purchasing Rider For Contracts with the City o/North Richland Hills,TX Vendor Name: Sterling McCall Ford Page 1n(3 CA-CONTRACT NO. PUROU0*-2U2zOlO7—Rev 020n/2020 LIABLE FOR CONSEQUENTIAL Vn INCIDENTAL DAMAGES UNDER THE AGREEMENT. THIS PROVISION SHALL SUPERSEDE ANY OTHER PROVISION Vr CONTRACTOR iN ANY SEPARATE AGREEMENT,TERMS AND CONDITIONS,QUOTE ORINVOICE. 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 vf self-insured status u»requested byContractor. 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 vuprevent 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 ARn,emontxhaU 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 m Subtitle Dof 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 m 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 nu force oreffect. SECT|ONn.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 A 53 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 nn force oreffect. 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 mwaive its rights urimmunities as a government entity, any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force oreffect. 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 theany entity in which u|ua 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 atleast thirty(3o)days'written notice of any such assignment or transfer nfinterest. 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.Tu the extent the Agreement requires all disputes to be resolved by binding arbitration,any such provision shall be null and void,is hereby deleted from the Agreement and shall have no force or effect.Prior to instituting litigation under the Agreement, the parties may agree to mediation upon written mutual consent.Any such mediation shall be governed by the applicable rules of the American Arbitration Association,with mediation being held in Tarrant County,Texas. Each party shall share equally in the costs of the mediator,and shall be responsible for its own aonmey's fees and expenses. SECTION 13. LIMITATION ON CLAIMS.Any claim for breach of this Agreement shall be brought within four(4)years in accordance with Texas Civil Practices and Remedies Code Sec, 16.004 and Texas Business and Commerce Code Sec.2.725.To the extent the Agreement requires a shorter period for limitation on claims,any such requirement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 14. FORCE MAJEURE. Either party may terminate this Agreement and shall not be liable for any alleged damages or loss due tz failure mperform its obligations under this Agreement if the performance is delayed o,canceled by reason ufa Force Majeure event, including but not limited to, war; civil commotion;acts of God;inclement weather;Government restrictions,regulations,or interferences;fires;labor strikes;material shortages;lockouts,national disasters;epidemics;pandernics;dots;transportation restrictions;or any other circumstances which are reasonably beyond the control of the party. Government Contract and Purchasing Rider For Contracts with the City ofNorth Richland Hills,Tx Vendor Name: Sterling McCall Ford Page ovfa CA-CONTRACT NO.pUR00n0-20220107—Rev O2/V5/an2O SECTION 15. RIGHT 0 AUDIT.The City shall, until the expiration of three(3)years after final payment under the Agreement, have the right maccess and the right to examine and photocopy any directly pertinent books, duovmonts, papers and moods, whether electronic o, handoopy (collectively "Records")of Contractor involving transactions under this Agreement to ensure compliance herewith.The City shall have the right to access Contractor's Records during normal working hours and shall provide Contractor with reasonable advance notice of intended audits,but not less than ten(10)business days. SECTION 1e. SUCCESSORS AND ASSIGNS. The parties each bind themselves and their successors, exeoumrs, administrators and assigns mthis Agreement and m all covenants of this Agreement hereafter. SECTION 17. C|TY'S LOGO OR MARKS.The City's logo is protected by applicable federal and state copyright and trademark laws.Contractor may not use the City's name in a demeaning,obscene or detrimental manner as determined by the City in its sole discretion,and Contractor shall not use theQty'n logo in any manner,except as specifically approved by the City inwriting. SECTION 18.RIDER CONTROLLING: If any provisions of the attached Agreement,conflict with the terms herein of this Government Rider,are prohibited by applicable law,conflict with any applicable rule,regulation or ordinance of the City,the terms in this Government Rider shall control. By signature below of an authorized representative,the parties hereby accept and agree to the terms and conditions set forth in this Government Rider. CITY OF NORTH n|CVLxmDHILLS: STERLING MCCALLFORD By: By: Paulette A. Hartman Name:PbomUa Cortez City Manager Title: Fleet Manager Da Date: ATTEST: By: Alicia Richardson City Secretary/Chief Governance Officer APPROVED ASTO FORM AND LEGALITY: By: Bradley A.xndane City Attorney Government Contract and Purchasing Rider For Contracts with the City uf North Richland Hills,Tx Vendor Name: Sterling McCall Ford Page n'd3 CA-CONTRACT NO. PUnOOOO-202201uT—Rev 0205/2n28 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. 2026-1514353 GROUP 1 FORD OF SOUTHWEST HOUSTON HOUSTON,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 09/10/2026 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. 32500053 AMBULANCES, EMS AND OTHER SERVICE VEHICLES Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary FRAZER LTD HOUSTON,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name Is ,, ,,,w,www PfISCIIIB Cortez and my date of birth is .. ,. My address is 6445 Southwest Freeway Houston TX 77074 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in HARRIS _ County, State of„ TEXAS on the 10 day of SEPTEMBER ,20 26 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.4a4bf2cb GROUP AUTOMOTIVE To whom it may concern: The Sterling McCall, Mike Smith,and Beck& Masten AutoGroupsare groups of Automobile Dealerships owned and operated by Group 1 Automotive Inc.These stores use a shared operating account at Bank of America. Checks issued from that account show to be issued from: Sterling McCall and Mike Smith Group. The Leal Names and DBAs forthe Dealerships that are included in these groups are listed below: Sterling McCall Auto Group McCall T Inc. DBA: Sterling McCall Toyota GPI TX-HGMII Inc. DBA: Group 1 GMC Southwest Formerly known as: Sterling McCall Buick GMC McCall TL Inc. DBA: Sterling McCall Lexus GPI TX-DMII Inc. DBA: Mercedes Benz of Clear Lake McCall TL Inc. DBA: Lexus Clear Lake Formerly known as Sterling McCall Lexus Clear Lake GPI TX—HGMIV Inc. DBA: Group 1 Chevrolet Spring Formerly known as Sterling McCall Chevrolet McCall HA Inc. DBA: Sterling McCall Acura GPI TX-HAII Inc. DBA: Sterling McCall Acura Sugar Land McCall H Inc. DBA: Sterling McCall Honda MCCALL-SB Inc. DBA: MINI of Clear Lake McCall TII Inc. DBA: Group 1Toyota Fort Bend Formerly known as Sterling McCaIlToyota Fort Bend Genesis of Southwest Houston McCall N Inc. DBA: Group 1 Nissan Southwest Houston Sterling McCall Auto Plaza Formerly known as Sterling McCall Nissan Sterling McCall Auto Group A McCall SB Inc. DBA:Advantage BMW Midtown McCall SB Inc. DBA: BMW of Clear Lake McCall SB INC. DBA:Advantage BMW Clear Lake GPI TX-GIII, Inc DBA Beck& Masten Buick GMC Robstown Advantage Cars.com DBA: Sterling McCall Hyundai GPI TX-SKIII, Inc DBA Beck& Masten Kia Beck& Masten Kia of Tomball GPI TX-F Inc. DBA: Group 1 Southwest Houston GPI TX-GII, Inc DBA Beck& Masten Buick GMC Gulf Freeway Formerly Known as Sterling McCall Ford Beck& Masten Gulf Freeway Inc GPI TX-G, Inc DBA Beck& Masten Buick GMC Beck& Masten Buick GMC North Robert Malson Houston Market Controller/Group 1 Automotive h-gac.com / hgacbuy.org Serving Today - Planning for Tomorrow �, ✓i 'rlllllllllG r'�11 ,li HOUSTON-G� LVES t ON AREA.A. h." UNCIL COOPERATIVE PI-JRCHASING, w ��mm E'H9` :e'M A R F PJRu:HA€'P SO,Y0F" eau lad PLANNED AUTHORIZED RETAILERS/DISTRIBUTORS/DEALER FORM Provide a listing of all planned authorized retailers/distributors/dealers, etc. that may be used during the term of this contract to deliver goods or services. NOTE: awarded contractor remains responsible for all applicable terms of the contract. Form can be duplicated as necessary to include all companies anticipated. Company Name CLASSIC CHEVROLETFLEET AND COMMERCIAI Address 2501-D William D Tate Ave city Grapevine State TX Zip 76051 Phone Number 817-410-1569 Fax Number Contact Person Brad Roblyer Authorized Product/Service Tax ID(Attach W-9) 75-2249022 .. Company Name PLILER INTERNATIONAL, INC. Address 3016 S. Eastman Road City Longview State TX Zip 75602 Phone Number 903-758-3351 Fax Number Contact Person Tom Gruppl Authorized Product/Service Tax ID(Attach W-9) 75-2525390 Company Name SOUTHWEST INTERNATIONAL TRUCKS, INC. Address 3722 Irving Boulevard City Dallas State TX Zip 75247 Phone Number 214-689-1400 Fax Number Contact Person Ed Smith Authorized Product/Service Tax ID(Attach W-9) 75-1830920 Authorized Re,tailea•a.Distribnitor-T)cale€-1flGAt Bu) h-gac.com / hgacbuy.org Serving Today ® Planning for Tomorrow fAll �MM HOU T Nm��fi L 1�� 'SON AREA- ."OUNCIL COOPERATIVE ^�OLN11il,411h), PU1�(AIAN1NG ROG AM UHF 5 Anod^F P41R�;HA& SO�UFIaN PLANNED AUTHORIZED RETAILERS/DISTRIBUTORS/DEALER FORM Provide a listing of all planned authorized retailers/distributors/dealers, etc. that may be used during the term of this contract to deliver goods or services. NOTE: awarded contractor remains responsible for all applicable terms of the contract. Form can be duplicated as necessary to include all companies anticipated. Company Name Sterling McCall Ford Address 6445 Southwest Freeway City Houston State TX Zip 77074 Phone Number 281-588-5007 Fax Number Contact Person Pablo Cantu Authorized Product/Service Tax ID(Attach W-9) 27-4460429 m.., Company Name MAC HAIK CHRYSLER DODGE JEEP RAM, LTD Address 11000 North Freeway City Houston State TX Lip 77037 Phone Number 832-382-8839 Fax Number Contact Person Amanda Villareal Authorized Product/Service Tax ID(Attach W-9) 56-2457872 Company Name Knapp Chevrolet, Inc Address 815 Houston Avenue City Houston State TX Zip 77007 Phone Number 713-228-431 1 Fax Number Contact Person Greg Watson Authorized Product/Service Tax ID(Attach W-9) 76-0203754 1t.irdhoHzed Retailer-I)isti ibuto -t)c aler- &KnAt'Bu V` .'7,0 Page 1 h-gac.com / hgacbuy.org Serving Today ® Planning for Tomorrow HOUSTON- AL EST N AREA COUNCIL COOPERATIVE V994W PURCHASING R PLANNED AUTHORIZED RETAILERS/DISTRIBUTORS/DEALER FORM Provide a listing of all planned authorized retailers/distributors/dealers, etc. that may be used during the term of this contract to deliver goods or services. NOTE: awarded contractor remains responsible for all applicable terms of the contract. Form can be duplicated as necessary to include all companies anticipated. Company Name Excel Truck Group Address 4633 Equipment Drive City Charlotte State NC Zip 28262 Phone Number 800-227-1038 Fax Number Contact Person Terry Keith Authorized Product/Service Tax ID(Attach W-9) 20-8188282 Company Name Rush International Truck Centers of Ohio Address 3950 Parkwest Drive City Columbus State OH Zip 43228 Phone Number 830-302-5219 Fax Number Contact Person Colton Kruse Authorized Product/Service Tax ID(Attach W-9) 46-1123337 Company Name Rush International Truck Centers of Texas, LP Address PO Box 34630 City San Antonio State TX Zip 78265-4630 Phone Number 830-302-5219 Fax Number Contact Person Colton Kruse Authorized Product/Service Tax ID(Attach W-9) 74-2786264 � r Authorized Retailer-Distributor-Dealer HGACBuy V9.17.20 Page l h-gac.com / hgacbuy.org Serving Today • Planning for Tomorrow U N*- VES 1 AREA TN I E "T1 E U - A5 G PROGRAM PLANNED AUTHORIZED RETAILERS/DISTRIBUTORS/DEALER FORM Provide a listing of all planned authorized retailers/distributors/dealers, etc. that may be used during the term of this contract to deliver goods or services. NOTE: awarded contractor remains responsible for all applicable terms of the contract. Form can be duplicated as necessary to include all companies anticipated. Company Name Olathe Ford Sales Inc. Address 1845 E. Santa Fe City Olathe State KS Zip 66062 Phone Number 913-312-5398 Fax Number Contact Person Bryan Reeves Authorized Product/Service Tax ID(Attach W-9) 48-0720233 company Name Houston Freightliner, Inc. Address 9550 North Loop East City Houston State TX Zip 77029 Phone Number (713) 580-8148 Fax Number Contact Person Adam Neuse Authorized Product/Service Tax ID(Attach W-9) 93-1000928 Company Name Modern Automotive Network LLC Address 5955 University Parkway City Winston Salem State NC Zip 27105 Phone Number 336-722-4191 xt 11103 Fax Number Contact Person Charley Anton, Randy Andrews Authorized Product/Service Tax ID(Attach W-9) 38-3847669 Authorized Retailer-Distributor-Dealer FICACI3uy V9,17.20 Page l h-gac.com / hgacbuy.org Serving Today ® Planning for Tomorrow AREA I, �.If n� -"t. '01t�Ir�,RA I'lVE 11F � � t, ,� � I _ . IN 1� ��G 1k.1F � o�, Nei' 3MAoff'F F"URICHAS@N 101toF4 0, PLANNED AUTHORIZED RETAILERS/DISTRIBUTORS/DEALER FORM Provide a listing of all planned authorized retailers/distributors/dealers, etc. that may be used during the term of this contract to deliver goods or services. NOTE: awarded contractor remains responsible for all applicable terms of the contract. Form can be duplicated as necessary to include all companies anticipated. Company Name Frazer, Ltd Address 7219 Rampart City Houston State TX Zip 77081 Phone Number 713-772-5511 Fax Number 713-995-0541 Contact Person Adam Fischer, Colleen Henggeler Authorized Product/Service Tax ID(Attach W-9) 74-1261318 ., Company Name Hunter Apparatus LLC Address 4462 Lafayette Street city Marianna State FL zip 32446 Phone Number (941) 536-8172 Fax Number Contact Person Shawn Hunter Authorized Product/Service EMS Vehicles Tax ID(Attach W-9) 84-3794264 Company Name Emergency Transportation Associates, LLC Address 233 Kentmere Ln. city Clover State South Carolina zip 29710 Phone Number 803-627-91 10 Fax Number Contact Person Eric Vogl Authorized Product/Service EMS Vehicles Tax ID(Attach W-9) 84-3399667 € E'auc 6 h-gac.com / hgacbuy.org Serving Today ® Planning for Tomorrow N. w � 0 P E R T I�i E 1 � "�["��'�w-�:�AI,�'�, "�'��1� .�. I��� ��'OI r("II �` IIU 1,111pr SM14 R T P jy 61,C H A 5(1?0 5 0 Fj r 4 0 IN, y PLANNED AUTHORIZED RETAILERS/DISTRIBUTORS/DEALER FORM Provide a listing of all planned authorized retailers/distributors/dealers, etc. that may be used during the tern of this contract to deliver goods or services. NOTE: awarded contractor remains responsible for all applicable terms of the contract. Form can be duplicated as necessary to include all companies anticipated. Company Name Patriot Fire Address 215 Pullmans Crossing city Grasonville State MD zip21638 Phone Number(443) 534-1392 Fax Number Contact Person Tim Daly Authorized Product/Service EMS Vehicles Tax ID(Attach W-9) 27-0979164 company Name Reliant Fire Apparatus, Inc. Address 880 Enterprise Drive PO Box 470 city Slinger state WI zip 53086 Phone Number 262-297-5020 Fax Number 262-297-5022 Contact Person Jason S. Krueger Authorized Product/Service EMS Vehicles Tax ID(Attach W-9) 39-1802878 Company Name Hudson Valley Fire Equipment LLC Address 69 Fields Lane city Brewster State NY zip 10509 Phone Number (845) 363-1810 Fax Number Contact Person Ellen Warner Authorized Product/Service EMS Vehicles Tax ID(Attach W-9) 27-0856919 tCA( h-gac.com / hgacbuy.org Serving Today • Planning for Tomorrow o� HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING PROGRAM PLANNED AUTHORIZED RETAILERS/DISTRIBUTORS/DEALER FORM Provide a listing of all planned authorized retailers/distributors/dealers, etc. that may be used during the term of this contract to deliver goods or services. NOTE: awarded contractor remains responsible for all applicable terms of the contract. Form can be duplicated as necessary to include all companies anticipated. Company Name Grapevine Dodge Chrysler Jeep (Grapevine DCJ) Address 2601 William D. Tate Ave city Grapevine State TX Zip 76051 Phone Number 817-410-7500 Fax Number Contact Person Dennis Thomas Authorized Product/Service Tax ID(Attach W-9) 27-0455988 Company Name Address City State Zip Phone Number Fax Number Contact Person Authorized Product/Service Tax ID(Attach W-9) Company Name Address City State Zip Phone Number Fax Number Contact Person Authorized Product/Service Tax ID(Attach W-9) Authorized Retailer-Distributor-Dealer 14GACBuy V9.17.20 Page 1 NORTH KI HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: ZC26-0174, Ordinance No. 3980, Public hearing and consideration of a request from Chris Johnson for a zoning change from AG (Agricultural) to R-1 (Single-Family Residential) at 8701 Rumfield Road, being 0.956 acres described as Tract 14D, Stephen Richardson Survey, Abstract 1266. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Chris Johnson is requesting a zoning change from AG (Agricultural) to R-1 (Single-Family Residential) on 0.956 acres located at 8701 Rumfield Road. GENERAL DESCRIPTION: The property under consideration is a 41,639-square-foot tract located on the north side of Rumfield Road between Northfield Drive and Eden Road. The property has 125 feet of frontage on Rumfield Road and is approximately 332 feet deep. The site is currently developed with a single-family residence constructed in 1975. The applicant is requesting a zoning change to R-1 (Single-Family Residential) with the intent to plat the property for the construction of a new single-family residence. The character of the area is low-density single-family residential. Most properties to the south and east on Rumfield Road are AG (Agricultural) and include large estate sized lots. The neighborhood north of the site (Meadowview Estates) is zoned R-2 (Single- Family Residential). While the AG (Agricultural) district is primarily intended to protect land suited for agricultural uses from incompatible uses, it is also a holding zone intended to preserve land suited for eventual development into other uses. The district was also assigned to properties when they were annexed into the city limits in the past, as required by gg,iioir] "�._"�_ .:..20....of the zoning ordinance. This allowed for zoning changes to be considered at a time when reasonable development of a site was suitable based on long-range plans, availability of public services, and market conditions. In reference to platting property zoned AG (Agricultural), gg.. r]_" "8 w. ) of the zoningi _ . . ordinance does not permit property zoned AG to be subdivided or developed for any purpose other than agricultural use without an approved zoning change. In order for the applicant to plat the property, it must be rezoned to an appropriate residential zoning district. NORTH RI HLAND HILLS VISION2030 COMPREHENSIVE PLAN: This area is designated on the Vision203O Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned (AG Agricultural). The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. PROPOSED ZONING: The proposed zoning is R-1 (Single-Family Residential). This district is intended to provide areas for very low density development of single-family detached dwelling units which are constructed at an approximate density of 2.9 units per acre. SURROUNDING ZONING I LAND USE: NORTH R-2(Single-Family Residential) Low-Density Residential Single-family residences WEST R-1 (Single-Family Residential) Low-Density Residential Single-family residences SOUTH R-2(Single-Family Residential) Low-Density Residential Single-family residences EAST R-2 (Single-Family Residential) Low Density Residential Single-family residences PLAT STATUS: The property is unplatted. However, a plat application is under review by the Development Review Committee (DRC) for one residential lot. Pending zoning approval, the DRC will be able to approve and record the plat. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 17, 2026, meeting and voted 5-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3980 o� Y � w b b' ----. LO N303 N303 LO w l(7 LL r I r.. � 1 o _,a....... MaiM I a SNIMOd I w Y � lNnH I Qaol � � w C C C N �......... a o a O1313kila0N 01313H1a0N CL c o ❑ E a �, — w m c I �� f.1 'r � ILL M1I ♦.r L Wu f — — mo a� ot ._ L 3MOOa8ANO1S 3MOOa8ANO1S © cc sy 1 I� �IIIII�I II 1y 1 + v � `�k r✓1,�r,�� �i-,r, q / k r +' ql �I�I�III o IIIII Illlllllli �/ LO LO I/O I /p� �i) r ✓,r�r6r ^ R +fer 11 O1 r/I l 1 r „OIY� IY II III T dl rt5 a III I tf cc 2 I��IIIIII qi ' � o � I� IIII�III� �I�II I i I �I r I �1 ^/ t C o rt / r a a �, ammo 0 o m /- „ > } /l,� © .c sa. o � � e r IqRH PUBLIC HEARING NOTICE NO&TH KICHLA D HILLS CASE: ZC26-0174 «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 Chris Johnson (agent) and Susan and Joseph Luna (owners) LOCATION 8701 Rumfield Road REQUEST Public hearing and consideration of a request from Chris Johnson for a zoning change from AG (Agricultural) to R-1 (Single-Family Residential) at 8701 Rumfield Road, being 0.956 acres described as Tract 14D, Stephen Richardson Survey, Abstract 1266. DESCRIPTION Proposed zoning change for the future platting of one single-family residential lot for the purpose of constructing a new house on the property. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, September 17, 2026 City Council 7:00 PM Monday, October 12, 2026 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills,Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received 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&Zoning Department 14301 City Point Drive- NRH TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP � µ F p dby FI a Li dG p t 4 LMLAIMILli lN, 111d,10 11 ill, Y 1 la. 9 r1r, mi I P fi4 bli i kid IIIIA..�{ rll�ll.4a�111�" ......�:,�111�]w a t�hvry � hxa f+,ry r[rctl+ puvn4 ivro th, niftlF I,U—f nnan sr! N II %rr r 1 r r I ii� tlllll ° � ViYiYiYiV �� f y Illlpllllllllllll�W IIIIIIIIIIIIIIIIIJIJIJIII IIIIIIIIIIIV ���°°I "" ����IIII� I � �� �' I �et f Prepared bV Planning Z01,ngG p it h 1, LAIMLR Yh �. P t d P p p i N y �1�IR:;:,.�a1III11P.`.'."a (meV�WY t II ldrve�Ynr§I wy YM n 4t�fhry q�rrtn f Y I'll lM F Vo Drrtr Sr pv ���""""""""".......''�O ffi-06g 4'!rvrMF tM I clnatn Mere �V a Y n f pr('"r4y 1 vriarlec. N Planning&Zoning Department 4301 City Point Drive- NRH TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC26-0174 n BIRDVILLE ISD 6125 E BELKNAP ST HALTOM CITY TX 76117 BLACKBURN,BARRETT&JENN 7525 KIRK RD NORTH RICHLAND HILLS TX 76182 BROWN FAMILY LIVING TRUST 8624 RUMFIELD RD NORTH RICHLAND HILLS TX 76182 CROWELL,TRAVIS H&HILARY 8632 KIRK CT NORTH RICHLAND HILLS TX 76182 EASLEY,ALAN R&E GAIL 8709 RUMFIELD RD NORTH RICHLAND HILLS TX 76182 FAZEN,NIKOS&SQUIRES JESSICA 8625 KIRK LN NORTH RICHLAND HILLS TX 76182 GARCIA,VICTOR&STACEY 8628 KIRK CT NORTH RICHLAND HILLS TX 76182 GARZA,DORA 8624 KIRK CT NORTH RICHLAND HILLS TX 76182 HENRY,SEAN&KARA LAMBERT 8612 KIRK LN NORTH RICHLAND HILLS TX 76182 HOLT,JOHN&CHRISTINE 8704 KIRK LN NORTH RICHLAND HILLS TX 76182 HOWELL,LONDON V 7600 FORD DR NORTH RICHLAND HILLS TX 76182 LUNA,JOSEPH&SUSAN 8701 RUMFIELD RD NORTH RICHLAND HILLS TX 76182 MCCARTY,C JACK&DANA 8800 RUMFIELD RD NORTH RICHLAND HILLS TX 76182 MICHAELE&R P JAVIER KELLEY 8616 KIRK LN NORTH RICHLAND HILLS TX 76182 PANETTA FAMILY LIVING TRUST 8620 KIRK CT NORTH RICHLAND HILLS TX 76182 POTTS,MARQUIETAS 8621 RUMFIELD RD NORTH RICHLAND HILLS TX 76182 SHEPHERD,JOHN W&BRANDY 8704 RUMFIELD RD NORTH RICHLAND HILLS TX 76182 STEINBRINK,LUKE&AUBREY 8625 RUMFIELD RD NORTH RICHLAND HILLS TX 76182 8 f O 11 a O L4 ti O 00 77, I j I W f� o paps ,. 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ORDINANCE NO. 3980 ZONING CASE ZC26-0174 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY REZONING 0.956 ACRES OF LAND LOCATED AT 8701 RUMFIELD ROAD FROM AG (AGRICULTURAL) TO R-1 (SINGLE- FAMILY RESIDENTIAL); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills, Texas, 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 0.956 acres of land located at 8701 Rumfield Road (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R- 1 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, held a public hearing on September 17, 2026, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 127 2026, with respect to the zoning change described herein; and Ordinance No. 3980 ZC26-0174 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, Texas, 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: The Zoning Ordinance of the City of North Richland Hills, Texas, is hereby amended by rezoning from AG (Agricultural) to R-1 (Single-Family Residential) 0.956 acres of property described as Tract 14D, Stephen Richardson Survey, Abstract 1266, commonly referred to as 8701 Rumfield Road, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. SECTION 2: The official zoning map of the City of North Richland Hills, Texas, is amended and the Director of Planning is directed to revise the official zoning map to reflect the approved R-1 (Single-Family Residential) zoning, as set forth above. SECTION 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. SECTION 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, 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 Ordinance No. 3980 ZC26-0174 Page 2 of 4 of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. SECTION 7: Any person, firm, or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills, Texas, 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 is 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 12th day of October, 2026. CITY OF NORTH RICHLAND HILLS By: Jack McCarty, Mayor Ordinance No. 3980 ZC26-0174 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: Cori Reaume Director of Planning Ordinance No. 3980 ZC26-0174 Page 4 of 4 Exhibit A- Property Description-Ordinance No. 3980-Page 1 of 2 Zoning Case ZC26-0174 Tract 14D,Stephen Richardson Survey,Abstract 1266 8701 Rumfield Road, North Richland Hills,Texas WHEREAS Joseph A. Luna and Susan A. Luna are the owner of all that certain 0.9559 acre of land, described in the deed recorded in Document Number D221147530 in the Deed Records of Tarrant County, Texas (D.R.T.C.T.), in the Stephen Richardson Survey, A-1266, City of North Richland Hills, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with a cap stamped "SPOONER ASSOC." found for the southeast corner of the herein described tract, common to the southwest corner of Lot 17, Block 2, Meadowview Estates Addition, recorded in Volume 388-99, Page 59, P.R.T.C.T., common to the northeast corner of the right-of-way deed for Parcel No. 28, recorded in Document Number D201143277, D.R.T.C.T., in the north line of Rumfield Road (a variable width right-of-way); THENCE South 88 degrees 01 minutes 55 seconds West - 82.43 feet along the south line of the herein described tract, common to the north line of said Parcel No. 28, common to the north right-of-way line of said Rumfield Road, to a mag nail set with a washer for an angle corner of the herein described tract; THENCE South 89 degrees 12 minutes 30 seconds West -42.59 feet continuing along the south line of the herein described tract, common to the north line of said Parcel No. 28, common to the north right-of-way line of said Rumfield Road, to a 5/8 inch iron rod with a cap stamped "DCB" found for the southwest corner of the herein described tract, common to the southeast corner of Lot 19, Block 2, Meadowview Estates Addition, recorded in Document Number D219037331, P.R.T.C.T., common to the northwest corner of said Parcel No. 28, and common to the northeast corner of the right-of-way deed for Parcel No. 27, recorded in Document Number D201129916, D.R.T.C.T.; THENCE North 00 degrees 16 minutes 23 seconds West - 334.28 feet along the west line of the herein described tract, common to the east line of said Lot 19, Block 2, Meadowview Estates Addition, to a 1/2 inch iron rod with a cap stamped "SPRY 5647" set for the northwest corner of the herein described tract, common to the northeast corner of said Lot 19, Block 2, Meadowview Estates Addition, recorded in Volume 388- 99, Page 59, P.R.T.C.T.; THENCE North 89 degrees 43 minutes 37 seconds East - 124.98 feet along the north line of the herein described tract, common to the south line of said Lot 11, Block 2, Meadowview Estates Addition, to a 1/2 inch iron rod with a cap stamped "SPRY 5647" set for the northeast corner of the herein described tract, common to the northwest corner of said Lot 17, Block 2, Meadowview Estates Addition; THENCE South 00 degrees 16 minutes 23 seconds East - 331.46 feet along the east line of the herein described tract, common to the west line of said Lot 17, Block 2, Exhibit A— Property Description—Ordinance No. 3980—Page 2 of 2 Zoning Case ZC26-0174 Tract 14D,Stephen Richardson Survey,Abstract 1266 8701 Rumfield Road, North Richland Hills,Texas Meadowview Estates Addition, to the POINT OF BEGINNING and containing 41,639 square feet or 0.9559 acres of land. NORTH KI HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: PLAT26-0119 Consideration of a request from Neel-Schaffer Inc. for a preliminary plat of Smithfield Terrace, being 7.494 acres located at 6821 Smithfield Road. PRESENTER: Cori Reaume, Director of Planning SUMMARY: On behalf of multiple owners and Sandlin Homes LLC (developer), Neel-Schaffer Inc. is requesting approval of a preliminary plat of Smithfield Terrace. The 7.494-acre site is located in the 6800 block of Smithfield Road. GENERAL DESCRIPTION: The property is generally located on the west side of Smithfield Road between Cortland Drive and Odell Street. The site includes several parcels of land extending between Smithfield Road and Hewitt Street. It is partially developed with single-family residences and commercial property and includes vacant tracts as well. The property is zoned RI-PD (Residential Infill Planned Development), which was approved by City Council on August 10, 2026 (Ordinance 3969). The proposed development includes 33 single-family residential lots and one new street that connects Smithfield Road and Hewitt Street. The lot sizes range from 7,000 to 12,030 square feet, with an average lot size of 8,109 square feet. The typical lot is 50 to 60 feet wide and 120 feet deep, with the 50-foot wide lots located on the east side of the development nearer to Smithfield Road. The density is 4.4 dwelling units per acre. Access to the development is from Smithfield Road and Hewitt Street. A new street, Terrace Drive, would be constructed between the two roads, similar to Cortland Drive immediately south of the project. Lots would be located on both sides of the new street. The project incorporates approximately 7,818 square feet (0.179 acres) of open space, which makes up 2.4% of the site. The four open space lots would be located adjacent to Smithfield Road and Hewitt Street and provide areas for landscaped entries and signage. The developer indicates that masonry screening walls would be constructed along Smithfield Road and Hewitt Street. CURRENT ZONING: The property is currently zoned RI-PD (Residential Infill Planned Development), which was approved by City Council on August 10, 2026 (Ordinance 3969). NORTH RI HLAND HILLS TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication for Smithfield Road is required for the property. 1 mill i Smithfield Road C21D Major Collector Suburban Commercial • 2-lane divided roadway • 68-foot right-of-way width Hewitt Street Local Road Suburban Residential • 2-lane roadway • 50-foot right-of-way width SURROUNDING ZONING I LAND USE: MMENEEMEM r r NORTH C-2(Commercial) Commercial use Low Density Residential R-3(Single-Family Residential) Single-family residences WEST R-2(Single-Family Residential) Low Density Residential Single-family residences SOUTH AG(Agricultural) Low Density Residential Single-family residences R-3(Single-Family Residential) EAST R-2(Single-Family Residential) Low Density Residential Single-family residences R-3(Single-Family Residential) PLAT STATUS: Parts of the property are platted in Mollie B Collins Addition; Miranda Addition; Buzan Addition. The remainder of the property is unplatted. Approval of public infrastructure plans and a final plat of the property are required prior to the issuance of building permits. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this plat at the October 1, 2026, meeting and recommended approval subject to Development Review Committee comments by a vote of 7-0. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat subject to the attached DRC comments. These comments include minor revisions to notations and labeling on the drawing and abandonment of utility easements. RECOMMENDATION: Approve PLAT26-0119 with the conditions outlined in the Development Review Committee comments. J xa�laHw ., as 0 1v h O e � 8 CD C") .. _. (2 O w G Y z 0131JH11WS C1131AHIIWS 0131AHIIWS 0131dH11WS 1LIIM3H UIM3H LLIM3H LLIM3H +• q0 �n t0 � N 25 E a C N � O v i O N - � m � m m 0. LL C 'a dJ0 m C m _ O v C a a c x ao i' v G O O h+ NMO 1SOd C V y m _ i�➢�y i �i rw �JY2�/�rF �4� l � OJ Y ! WWI Y ( r A r / �if�"�i,�7 W? �r��f hr/i �s� ��I,ii l rI,/%i/ri�1✓i„/i r� 4 l a/i; i,,i r qi,,: ,. /fir,-^ �,:��t� flUJ�i (4 I V I �I O C � C ? N J O. � c o m m O P L a FL r� I � � % In 1E� 7. ou u % Z9 0 :5 —�4 TA 7 ts 6 LU P LU 7A ti F iIn In EE 71 t�. W 9 E Hi R s- 75 0 7; LL �A 28 79 i3 -P �4 -- v M mPgg� u . z-5 No N U I OVOU C]131JH1IV45 3.,OE,EE.00S osgsl ME Eb OOS T[7 tL 2 Ie m Ln n z 45 -101 I of A lF Lu% HU sl 3, -LC) E:� of of 0 F _T� "A c. k I\E Ni- pAtl t 0 1 —-—------------- gun -------- --- � C�T )&Ap, 12 11 It V4_ @ 2 11 zl I-, 133a5 LLIAA3H a NI L Development Review Committee Comments 1 9/8/2026 lt4RHCase PLAT26-0119 Smithfield Terrace (6821 Smithfield Rd) WRITTEN STATEMENT OF CONDITIONS The City of North Richland Hills received this plat on September 1, 2026. The Development Review Committee reviewed this plat on September 8, 2026. The following represents the written statement of the conditions for CONDITIONAL APPROVAL of the plat.The applicant may submit a written response and revised plat that adequately addresses each condition. See the RESUBMITTAL REQUIREMENTS section below for further information. 1. There are revisions and corrections required in the owner's certificate, and these are noted on the marked-up copy of the plat. These should be updated as appropriate. NRH Subdivision Regulations §110-203(Requirements for all plat drawings—metes and bounds description) 2. Revise the Planning and Zoning Commission and City Council approval blocks on the plat as shown beIOW.NRH Subdivision Regulations§110-203(Additional requirements for plat drawings—certification of approval) Approved by the City Council of the City of North Richland Hills,Texas,on (date). Mayor,City of North Richland Hills Attest:City Secretary Approved by the Planning and Zoning Commission of the City of North Richland Hills,Texas,on (date). Chair- Planning and Zoning Commission Secretary- Planning and Zoning Commission 3. The planned development zoning for the property allows for the location of electrical, telecommunications and cable/fiber facilities to be placed at the front of the lots. Add an appropriate width easement to the front of the lot to accommodate utility pedestals, boxes, and other infrastructure as necessary. NRH Subdivision Regulations §110-256 (Construction in public rights-of-way— underground utilities)and§110-201(Requirements for all plat drawings—easements) 4. Written acknowledgement from all franchise utility companies is required for all proposed easement abandonments. A letter from each company or the attached form may be used to satisfy this requirement. NRH Subdivision Regulations§110-10(Conflicts with public and private provisions)and§110-361 (General infrastructure policy) Page 1 of 2 1 PLAT26-0119 DESIGN PRINCIPLES The following comments represent suggested modifications to the plat drawing based on general NRH design principles and standard practices in city planning. While conformance to these principles is not required by the subdivision regulations,the applicant is encouraged to include these modifications as part of the revised plat. 1. Add the City case number near the bottom right corner of the drawings (Case PLAT26-0119). 2. Prior to submitting the final plat application, public infrastructure plans must be submitted for review to the city engineer. A final plat application cannot be accepted until final construction plans are approved. 3. Since the owner of Lot 1 Block 1 Miranda Addition is part of the plat and zoning application, consider including this lot as part of the preliminary and final plat.The proposed plat would leave a remainder portion of the lot, and the owner may have to replat in the future depending on any proposed construction. Page 2 of 2 1 PLAT26-0119 k4Ft hJOIF LH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Consider Resolution No. 2026-054, appointing members to the Youth Advisory Committee for the 2026/2027 Academic Year. PRESENTER: Paulette Hartman, City Manager SUMMARY: The Youth Advisory Committee (YAC) currently has seven vacancies. Below is a recommendation to fill all seven of those vacancies. The committee is allowed up to sixteen members. GENERAL DESCRIPTION: The Youth Advisory Committee consists of students in grades 9 through 12 who reside in North Richland Hills. The current committee members are Parker Meek, Hunter Creecy, Tyler Soignier, Jaxton Harris, Abigail Parks, Gift Shone, Ean Settelmaier, Holden Hayes, and Kiera Loney. The following seven new members are recommended for appointment to the Youth Advisory Committee (YAC): • Kaelin Vigil • Liah Shoshani • Youssef Luka • Chloe Cortez • Abigail Allen • McKenna Maine • Ava Scarborough These new appointments are in accordance with Section 2-171 of the Code of Ordinances, City of North Richland Hills, Texas. RECOMMENDATION: Approve Resolution No. 2026-054. RESOLUTION NO. 2026-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APPOINTING AND REMOVING MEMBERS OF THE YOUTH ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, the Youth Advisory Committee is to consist of up to sixteen members from area private schools, public high schools, or accredited secondary schools who are residents of North Richland Hills; and WHEREAS, appointed members serve a one-year term, unless appointed to fulfill an unexpired term; and WHEREAS, members whose terms are expiring, who are not graduating and are in good standing, are eligible to re-apply; and WHEREAS, all re-appointments are automatic and do not need City Council Approval, if the members are not graduating and are in good standing; and WHEREAS, the Youth Advisory Committee currently has nine appointed members; and WHEREAS, the City Manager has submitted seven nominations for consideration by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The Youth Advisory Committee has ten members returning in good standing, including: TERM EXPIRES Parker Meek— Birdville High School — Grade 12 August 1, 2027 Hunter Creecy — Birdville High School — Grade 12 August 1, 2027 Tyler Soignier— Birdville High School — Grade 12 August 1, 2027 Jaxton Harris — Birdville High School — Grade 12 August 1, 2027 Abigail Parks — Richland High School — Grade 11 August 1, 2027 Gift Shone — Richland High School — Grade 11 August 1, 2027 Ean Settelmaier— Birdville High School — Grade 11 August 1, 2027 Holden Hayes — Birdville High School — Grade 10 August 1, 2027 Kiera Loney — Richland High School — Grade 10 August 1, 2027 Resolution No. 2026-054 Page 1 of 2 SECTION 3. The City Council hereby appoints the following members to the Youth Advisory Committee for a term to expire as specified: TERM EXPIRES Kaelin Vigil — Birdville High School — Grade 12 August 1, 2027 Liah Shoshani — Birdville High School — Grade 12 August 1, 2027 Youssef Luka — Collegiate Academy of Birdville — Grade 12 August 1, 2027 Chloe Cortez — Birdville High School — Grade 11 August 1, 2027 Abigail Allen — Richland High School — Grade 11 August 1, 2027 McKenna Maine —Richland High School — Grade 11 August 1, 2027 Ava Scarborough — Birdville High School — Grade 9 August 1, 2027 SECTION 4. All Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. SECTION 5. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved. PASSED AND APPROVED on this 12t" of October 2026. CITY OF NORTH RICHLAND HILLS Jack McCarty, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Bradley A. Anderle, City Attorney APPROVED AS TO CONTENT: Paulette Hartman, City Manager Resolution No. 2026-054 Page 2 of 2 "I"wFt hJOKTH KIC:HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Consider a professional services agreement for the annual Restaurant Rewards Program to Open Rewards, Inc. in an amount not to exceed $104,740. PRESENTER: Craig Hulse, Director of Economic Development SUMMARY: Year after year, our citizen surveys consistently show that restaurants are the most desired type of business. We recognize that current economic conditions, especially inflation, have impacted both the food service industry and consumers' wallets. The purpose of this agenda item is to consider an agreement with Open Rewards, Inc. to provide their cloud-based software to support the third year of the City's popular Restaurant Rewards Program. GENERAL DESCRIPTION: Open Rewards is a mobile application that tracks purchases within the community when users upload their receipts. Funded through the City's Promotional Fund, the program rewards a percentage of each customer's purchase via their preferred payout method (e.g., Venmo, PayPal, check, etc.). This contract is necessary to support the Restaurant Rewards Program, which is scheduled to run from January 1 to April 30, 2027, offering 10% cash back on all purchases made at NRH food service establishments. No action is required from participating restaurants, as all administration is handled by Open Rewards. The sole-source platform subscription is $4,740, and the City will provide a rewards fund not to exceed $100,000, which will be held in an Open Rewards account for distribution. Any unused funds at the end of the program will be returned to the City, with the option to extend the program until the funds are fully expended. Funding for this program is included in the Fiscal Year 2027 Operating Budget. Open Rewards Subscription: $4,740 Rewards Fund: Not to Exceed $100,000 Total: $104,740 "I"wFt hJOKTH KIC:HLAND HILLS RECOMMENDATION: Approve a professional services agreement with Open Rewards, Inc. in an amount not to exceed $104,740. open Order Form rewards Date Aug 26,2026 Open Rewards City of North Richland Hills,TX 650 Castro St Ste 120#96003 4301 City Point Drive Mountain View,CA 94041 North Richland Hills,TX 76180 United States US Contact Contacts Sophia Zheng (sophia@openrewards.com) Craig Hulse (chulse@nrhtx.com) Kelly Vaughn (kvaughn@nrhtx.com) Item Unit price Unit discount Price Open Rewards-Subscription $4,740.00 $4,740.00 Process all rewards earning and redeeming requests from customers including receipts processing,rewards issuing,and payout issuing.Answer all customer support queries via email,text,and call as needed. Billing frequency: Annually Open Rewards-Program Cost $100,000.00 $100,000.00 The program fund used to issue rewards points to shoppers Subtotal $4,740.00 Discount included in the subtotal $0.00 Due on effective date $4,740.00 Terms This Services Agreement("Agreement') is entered into between Open Rewards Inc. ("Company") and the Customer listed above ("Customer").This Agreement applies to and incorporates the above Order Form as well as Open Rewards Terms and Conditions.There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. Signature On behalf of the buyer, On behalf of the seller, CITY OF NORTH RICHLAND HILLS Sophia Zheng Paulette Hartman, City Manager Sophia@openrewards.com Date: ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Bradley Anderle, City Attorney Terms and Conditions 1. ACCEPTANCE OF TERMS Thank you for using Open Rewards Inc. ("Company" or"Open Rewards")'s products, services, websites, and apps (collectively "Services"). Company provides its Services to you through its website located at https://openrewards.com (the "Site") including all subdomains, application programming interface (the "API"), or any mobile application (the "Mobile App", together with the Site and the API, the "Application"), subject to this Terms and Conditions agreement ("Agreement"). You ("Customer") indicate your acceptance of this Agreement by clicking or tapping on a button indicating your acceptance of this Agreement, by executing a document that references them, or by using the Services. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms "you", "your", or "Customer" shall refer to such entity and its affiliates. 2. SERVICES AND SUPPORT 2.1 The "Services" means (a) the Application, (b) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content") and all modifications thereto. 2.2 Company reserves the right to alter the Services at any time. Company may provide, from time to time, enhancements to the Services which are added to the Services under this Agreement at no additional cost ("Enhancements"). Company may also provide, from time to time, additional features to the Services which may, but are not required to, be added to the Services under this Agreement at an additional cost ("Optional Features"). The parties understand and agree that access to and use of such Optional Features will be subject to both payment of the applicable fees therefor as well as additional or different terms and conditions applicable to such Optional Features. 2.3 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with Company's standard practice. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. 3.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are "commercial items" and according to DFAR section 252.227 7014(a) (1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 3.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company's standard published policies then in effect (the "Policy") and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer's use of Services to the extent permitted by law. Although Company has no obligation to monitor Customer's use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, "Equipment"). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer's knowledge or consent. 4. CONFIDENTIALITY; PROPRIETARY RIGHTS 4.1 Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services ("Customer Data"). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law. 4.2 Customer shall own all right, title and interest in and to the Customer Data. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing. Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. 4.4 Company may collect information from third party services via integrations you initiate ("Connected Account Data"). Connected Account Data may be stored and processed by Company after an integration is disconnected for the purpose of providing the Services. Connected Account Data is maintained for the duration your organization's account is active. 4.5 Customer is a Government entity under the laws of the State of Texas and all documents or information held or maintained by Customer 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. 5. PAYMENT OF FEES 5.1 To the extent the Services or any portion thereof is made available for any fee, Customer will be required to make payment according to the selected subscription tier. Such subscription tier may include the option to prepay for access to the Services before it begins or to receive an invoice for payment after use of the Services has begun. Additional information on our subscription tier is available in the Order Form. In the case that the subscription tier selected by Customer involves recurring payments, Customer authorizes Company to bill the provided payment instrument on a periodic basis in accordance with the terms of the applicable subscription tier until termination of Customer account. 5.2 If Customer's use of the Services requires payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company's customer support department. 5.3 All fees invoiced by Company must be received within thirty (30) days after the invoice date. Customer agrees that unless otherwise set forth in this Agreement, all fees paid and payable to Company under this Agreement shall be non-refundable. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company's net income. 5.4 In the case that Customer utilizes the Open Rewards program, Customer will provide a rewards fund in an amount decided by Customer. The rewards fund will be held in an account that Company will manage to distribute the rewards that consumers earn as part of their participation in the program. Any funds still remaining at the conclusion of the program will be returned to Customer. 6. TERM AND TERMINATION 6.1 To the extent the Services or any portion thereof is made available for any fee, subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the "Term"), unless either party requests termination at least thirty (30) days prior to the end of the then-current term. 6.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days' notice, if the other party materially breaches any of the terms or conditions of this Agreement. If any payment is due, Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 7. WARRANTY AND DISCLAIMER Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company's reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 8. INDEMNITY Company shall hold Customer harmless from liability to third parties resulting from infringement by the Services of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Services (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, unless Company knew or should have known that such specifications would result in an infringement or misappropriation, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer's use of the Services is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Services to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Services, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer's rights hereunder and provide Customer a refund of any prepaid, unused fees for the Services. 9. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL; OR (B) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 24 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. MISCELLANEOUS 10.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company's prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Customer 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 Agreement requires Customer 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. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. Customer agrees to reasonably cooperate with Company to serve as a reference account upon request. 10.2 Competitive Procurement Selection Process. The competitive procurement selection process by which Customer contracts with Company may be acknowledged and used by other government entities to replace their respective competitive procurement selection process for RFP purposes such that other government entities may contract with Company for the same or substantially similar product(s) or service(s) without undergoing a separate competitive procurement selection process. 10.3 Piggy-Back Contracting. The terms, conditions, and prices of this contract executed between Customer and Company may be used by other government entities to contract with Company for the same or substantially similar product(s) and service(s) under either the same or a separate contract. 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. 2026-1520384 Open Rewards Inc. Mountain View, CA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/24/2026 being filed. City of North Richland Hills,TX 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. 10-12-2026 Open Rewards Subscription Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary Zheng, Sophia Mountain View, CA United States X 5 Check only if there is NO Interested Party. r-1 6 UNSWORN DECLARATION My name is Sophia Zheng and my date of birth is 12/20/1990 My address is 650 Castro St Ste 120 96003 Mountain View, I CA, 94041 us (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Santa Clara County, State of CA on the 24 day of September,20 26 (month) (year) Signature of autNKo-(ized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.4a4bf2c; "I"wFt hJOKTH KIC:HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 12, 2026 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: Announcements: Fall at the Hall continues with more family-friendly events on T. Oscar Trevino Municipal Plaza in front of City Hall. Join us on Saturday, Oct. 17, for a screening of the movie Monsters, Inc. Seating will start at 6 p.m. and the movie begins at dusk, around 7 p.m. Then come back on Friday, Oct. 23 for the Pumpkin Point Fall Festival from 5:30 to 8 p.m. with carnival-style games, a costume parade, and more. Visit the NRHTX website or app for more details. In conjunction with the Fire Department's annual open house, on Saturday, Oct. 17, the community is invited to get a first-hand look at the city facilities included in the November bond election. Come by the Fire Training Center, City Services Complex and Library between 10 a.m. and 2 p.m. Then visit Fire Station 2 and 3 between 2 p.m. and 4 p.m. Early voting for the November 3 bond election starts Monday, Oct. 19 and continues through Friday, Oct. 30. North Richland Hills City Hall and the Northeast Tarrant County Courthouse are early voting locations. You can find more information on the city's website or app. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Library Staff and Friends of the Library — A community member emailed her thanks for the staff and volunteers involved in bringing Sebastian Bach to the Library for the Setlist and Stories event. Her email said, "It was absolutely incredible and tons of fun. He is my all-time favorite singer, so this was a dream come true event. From the organization, the friendly staff, to the set up, to the vibe...just stellar." Great job, Library team!