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2007_12.13 CC Packet CITY OF KENNEDALE,TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: DECMEBER 13, 2007 START TIME: • 34 �rYyPM END TIME: PM ROLL CALL: PRESENT ABSENT MAYOR,BRYAN LANKHORST MAYOR PRO TEM JOHN CLARK COUNCILMEMBER BRIAN JOHNSON COUNCILMEMBER JERRY MILLER COUNCILMEMBER RONNIE NOWELL COUNCILMEMBER DAVID GREEN CUP CITY STAFF PRESENT: PRESENT ABSENT CITY MANAGER BOB HART Y CITY SECRETARY KATHY TURNER CITY ATTORNEY WAYNE K.OLSON CODE ENFORCEMENT LARRY HOOVER POLICE CHIEF TOMMY WILLIAMS FIRE CHIEF SCOTT RAVEN DIR.OF FINANCE CLIFFORD BLACKWELL L - STREET SUPERVISOR GLEN GREENWOOD COURT ADMIN. BOBBIE SPENCE " UB ADMIN. ^� LUCY POLK / ' a©a V CITY OF 7 KE/ViVEOA,LE 405 Municipal Drive,Kennedale,Texas 76060 AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING—DECEMBER 13,2007 405 MUNICIPAL DR.—KENNEDALE MUNICIPAL BLDG. WORK SESSION—COUNCIL CHAMBERS—5:30 PM REGULAR SESSION--COUNCIL CHAMBERS--7:00 PM CALL TO ORDER ROLL CALL I. WORK SESSION—5:30 PM Discussion will take place on the following items: i' a. Results of various surveys conducted by UTA School of Public Affairs, and Ed Barry,AICP. b. Any item on the agenda, if needed. U. REGULAR SESSION—7:00 PM III. INVOCATION AND PLEDGE OF ALLEGIANCE IV. VISITOR/CITIZENS FORUM At this time, any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. V. REPORTS/ANNOUNCEMENTS a. City Manager • Angel Tree—Fire Department b. City Council C. Mayor AGENDA CONTINUED PAGE 2 KENNEDALE CITY COUNCIL DECEMBER 13,2007 VI. PUBLIC HEARING(S) a. To receive citizens' comments regarding Case #PZ 07-06, a zone change request for approximately 1.018 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal-Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R-1" (Single Family Residential) and is proposed to rezone to "C-1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates,LP. b. To receive citizens' comments regarding a proposed ordinance amending Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city's sign regulations; adding definitions of electronic message board and sandwich signs and regulations governing them; amending setback requirements for detached signs; and increasing the permitted size of monument signs. VII. CONSENT AGENDA The following items are considered to be routine and self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember requests that an item be removed from the Consent Agenda and be considered, in sequence, as a routine agenda item. a. Approval of minutes: Regular meeting dated November 8,2007. b. Approval to authorize City Manager to execute contract for telephone hardware for a new telephone operating system with voice-over capabilities. C. Approval to authorize City Manager to execute contract with Tarrant County Emergency Services District No. One to provide fire and/or ambulance services to properties located outside the boundaries of the City. d. Approval of Resolution No. 243, declaring certain property surplus and/or salvage and authorizing the sale of said property. e. Approval to purchase three police vehicles through Tarrant County Cooperative Purchasing Program. f. Approval to authorize City Manager to execute contract with AT&T Mobility for city cell phones. VIII. REGULAR ITEMS,, g. Review and consider Ordinance No. 384, Case #PZ 07-06, a zone changes request for approximately 1-A9M acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition,Kennedale, Texas,Tarrant County,Texas. AGENDA CONTINUED PAGE 3 KENNEDALE CITY COUNCIL k DECEMBER 13,2007 VIII. REGULAR ITEMS CONTINUED g. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal-Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R-1" (Single Family Residential) and is proposed to rezone to "C-1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. h. Review and consider Ordinance No. 3 85,Amending Chapter 17,Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city's sign regulations; adding definitions of electronic message board and sandwich signs and regulations governing them; amending setback requirements for detached signs; and increasing the permitted size of monument signs. i. Review and consider approval to authorize City Manager to execute contract for Solid Waste Services. j. Review and consider approval to authorize City Manager to execute an agreement with IESI Fort Worth C&D Landfill. k. Review and consider appointment(s) to serve as Alternates on the Kennedale Library Advisory Board. 1. Review and consider adoption of Values Statement. m. Consider scheduling a special meeting to discuss Tarrant County Road Projects — Little School Road, Sublett Road, and Bowman Springs Road. IX. EXECUTIVE SESSION a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; weight permits on Dick Price Road; regulation of sexually oriented businesses; and litigation, settlement offers, and/or claims regarding the following matters: 1. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale; Cause No. 402-CV-0458-Y(Dreamer's). 2. City of Kennedale v. Log Cabin;Cause No. 342-218988-06. 3. Triple X Sign Litigation. 4. Zoning Case at 6901 Mansfield Cardinal Road. AGENDA CONTINUED PAGE 4 KENNEDALE CITY COUNCIL DECEMBER 13,2007 IX. EXECUTIVE SESSION CONTINUED, b. The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment,duties,discipline,or dismissal of a public officer or employee. 1. KEDC Personnel. 2. Municipal Court Magistrates. C. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase,exchange, lease,or value of real property—Oak Crest Addition,Lots 4, 5 and 20,Block 7. X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION,IF NEEDED, a. Review and consider appointments/re-appointments to the Kennedale Economic Development Corporation. b. Review and consider appointments/re-appointments of Magistrates to serve in Municipal Court. XI. ADJOURNMENT Staff.Report To the Honorable Mayor and City Council Date: November 7, 2007 Agenda Item Igo: I Subject: Work Session Originated by: Kathy Turner, City Secretary Summary: Discussion will take place on the following items: a. Results of various city surveys conducted by UTA School of Public Affairs, and Ed Barry,AICP. b. Any item on the agenda, if needed. Recommendation: Disposition by Council: Citizen Input Regarding Strategic Issues for the City of Kennedale December 2007 INTRODUCTION Early in 2007 the recently hired City Manager of Kennedale, Texas, approached the Dean and several professors at the School of Urban and Public Affairs, and asked if the School could assist the city in researching several new action initiatives. He was accompanied by the Mayor and a City Councilman-reflecting a new leadership that had been elected by the citizens of Kennedale and who had hired Bob Hart,one of the most outstanding professionals in the field to be their new City Manager. Their request fit perfectly into the community action teaching philosophy practiced at BUPA, and immediate plans were made to focus two fall 2007 classes on the Kennedale concerns. First,Professor James Kunde's class on Communication-assisted by Dean Richard Cole, designed a Water Bill citizen survey that could be sent out and tested for citizen interests and concerns. Second, the Communication Class conducted three focus groups,to test out community interest and support for potential new action initiatives, At the same time, Professor Sherman Wyman utilized his Economic Development class to interview community business leaders and employ the results to guide the creation and deliberations of Kennedale Industry Council. The following summarizes the findings of the SUPA classes. A. CITIZEN SURVEY The summarized findings of the citizen water-bill enclosed survey are shown below. The specific response summaries are not significantly different from similar surveys done in other communities. In general,public safety is most supported and appreciated and street maintenance most criticized. Most important, the survey has established a benchmark by which future efforts to improve services can be evaluated. Also important,was the response rate. The survey was enclosed with the water bill sent directly to approximately 2,500 households. The analysis was done on only the returns received two weeks later-approximately 200. That is an amazing response rate. Kennedale is predominately a commuter community—similar to its neighbors - e.g. Arlington and Mansfield. Typical voter turnouts in local elections are less than 10 percent and presence at most community events very sparse considering the population. The response rate to this survey suggests that Kennedale residents are very interested in what is going on in their community and are ready to have their opinions included. It also suggests that the water bill survey could become a successsful ongoing annual analysis too, and maybe-it's a community ready to develop an exemplary interactive website. l One specific area for thoughtful analysis at this stage could be"parks." In the focus groups,parks also came into the spotlight—with some quite different opinions on the status of current efforts. This seems to suggest that it could be an important opportunity area to focus on to achieve early visible results—especially in the further development of the central park area at the city center. In question 1 of the survey citizens were asked to grade the services provided by the City of Kennedale. Responses were combined into excellent/good and fair/poor categories. Following is a table of the responses. Excellent/Good Service Fair/Poor 79% Police Services 14% 82% Fire &emergency Services 4.5% 54% Utility Services 37% 27% Streets/Transportation 64% 57% Library Services 13% 47% Animal Control 34% 37% Planning& Zoning 45% 45% Inspections 26% 45% Parks&Recreation 40% 39% Code Enforcement 41% Police, Fire,and Emergency Services were highly regarded scoring 79%and 82% respectively. Streets and Transportation were scored Fair/Poor by 64% of the respondents. Parks and Recreation and Code Enforcement had almost equal percentages rating them excellent/good as those rating them Fair/Poor. In question 2 citizens were asked their opinion comparing Kennedale with Arlington, Mansfield and Fort Worth. Responses were combined into Better/Sane and Lower categories. Following is a table of the responses. Better/Same Service Lower 62% Police Services 12% 2 61% Fire & emergency Services 8% 41% Utility Services 33% 30% Streets/Transportation 44% 37% Library Services 26% 44% Animal Control 16% 36% Planning&Zoning 26% 36% Inspections 11% 30% Parks & Recreation 41% 35% Code Enforcement 22% Police and Fire/Emergency Services were compared highly with the other cities at 62% and 61%. The two services that were perceived to be lower than Kennedale were Streets/Transportation and Parks and Recreation with a 44%and 41%response rate. Responses to the questions about the quality and delivery of services were reflective of the first two questions. Police, Fire and Emergency Services were rated Excellent/Good between 59%and 76%for all categories, Responses for Utility Services in particular for quality of garbage collection was 73%, however for water quality, drainage, and resolution the response were evenly divided between Excellent/Good and Fair/Poor. Streets were rated Fair/Poor by a higher percentage of respondents than the percentage of ratings for Excellent/Good. Maintenance, Responsiveness, and Light Rail had Fair/Poor Responses of 69%, 40%,and 27%%respectively. These are compared to an Excellent/Good percentage response of 29%, 24%, and 14%. Library Services and Animal Control were rated on the positive side for all categories. Planning and Zoning had Plus ratings for courtesy and residential development, but had a 52%Fair/Poor response rate for parkway development and a Fair/Poor response rate for appropriateness of city development. Inspections and Parks and Recreation both had response rates that were on the positive side although location of parks quality and availability of parks had Fair/Poor responses that were close in percentage to the Excellent/Good category. I 3 Code Enforcement received an Excellent/Good Response for Courtesy of 37% and a Fair/Good Response of 22%. In the area of Resolution the Excellent/good responses were 20%and the Fair/Poor responses were 34%. Because only half of the citizens responded to this question it is difficult to extrapolate to the general population about the satisfaction or dissatisfaction with Code Compliance. Perhaps it is a question that could use some further research. B. FOCUS GROUPS Included below are five separate focus group reports, each done by the Communication Class students after they were trained in how to facilitate and analyze focus groups. It is worthwhile to review each report separately for their specific insights into clues as to how future initiatives should be shaped. Taken as a whole, there are three distinct conclusions one can draw from the group interactions. [First, the race track is a strongly perceived community asset that can be built upon to strengthen community image and build enthusiasm for related development. It was expected that the racetrack and the noise associated with it would be very controversial. This is not the case, and there is a strong base of enthusiasm for more promotion of the track and its events. Second, there is a clear opportunity to move aggressively toward a more "green community" through starting a recycling program similar to Arlington, and �ovv interestingly,plling salvage yards into an aggressive recycling image rather than .� simply trying to get rid of then course, there is support to clean up the pollution causing elements in the yards, but there is a clear feeling that the yards don't have to be all negative. Third,there is a real interest in establishing a&rant town center-a la Granbury or 5"' 1 Southlake, with an entrance way along 287 business bypass improved with medians, street lighting and family type restaurant; here was not a clear consensus on what the "center" itself could attract—except the image of a hardware store like Arlington Hardware(as contrasted to another Lowes or Home Depot). �j There are many other possibilities as noted by the students, but, clearly, the strong turnout and enthusiasm demonstrated by the focus group participants supports the survey result indications that Kennedale is ready to move forward. C. ECONOMIC DEVELOPMENT STRATEGIES Students from the University f Texas at Arlington conducted 17 interviews in Y � October throughout Kennedale. The interview process was the first step in fostering a working relationship between the city and local industry representatives. The second step in the process was to bring business leaders together as an Industry Council to discuss common concerns and to create working relationships among industries. The 4 City hopes to enlist the help of this group to move these recommendations forward into demographics, issues with city services, expectations of the city in the future and thoughts about an industry council. The aggregated responses to the interviews are reported in the Industry Interviews in the body of this report. 5 N 0 LM > W LL � M E LN 0 u E 0 z R ' 4-J O ' 4W 3: o ?. u c = L E O -0 ro D 0 ra C) 4- .,., 04--1 � O V • a L "9� C) 0 C: •U') dJ 4-J C mini o .....a UQ) NE - ra - o o - � � V ro O Q) O : - 4-J V) tic 4-J � © � . LL O 0 (l) r-V) 0(a) 0 u Q) -Fu E ra > 0 C CY) ru -kj EE z 3°) u ° `un C) �. 00 z ooE U-) ■ ■ 4■J c: C3) C:�. 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C:4) L c C- � o O 4 IEEE UO v) 7o .EZ L -. 4 co Qa > �,■ 4—) . , O Qa ru =J 4-1 cC3 C2 4.-J Q) ur) Cl) i i• �. L- 4-J UO - - � U � � ruQ) Cu > i i o -� l . � � L , ro 0) U CL E Q) 0) ru C �cU 0 � ru - �3 p Q� ._ cn -.--J � 4� V i E i si• Ln U-) ra V Q (U V Q V 'CU V 2 -0 -0 0, -0 4, , Q M to U. C1. I ru (D -j y.-.- 0- V) C: L M ru 0 M 4-J 4-J - Q) r3 ■ L •- 0 Q) ( L L Q 4 c . ... (10 �-- - CL 3 r � L o C C: cm 0) > E V) ru Q) mE U a Q) E W ' -o V � :L L 0 ...._ 0) 0 +J _ ru � Staff Report To the Honorable Mayor and City Council Date: November 5, 2007 Agenda Item No: IV Subject: Visitor/Citizens Forum Originated by: Kathy Turner, City Secretary Summary: At this time any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. Recommendation: Disposition by Council: Staff Report To the Honorable Mayor and City Council Date: November 7, 2007 Agenda Item No: V Subject: Reports/Announcements Originated by: Kathy Turner, City Secretary Summary: Reports/Announcements a. City Manager • Angel Tree—Kennedale Fire Department b. City Council c. Mayor Recommendation: Disposition by Council: Staff Report To the Honorable Mayor and City Council Date: November 4,2007 Agenda Item No: vi--a Subject: Public Hearing Originated by: Kathy Turner, City Secretary to75` 2- Summary: To receive citizens' comments regarding Case #PZ 07-06, a zone change request for approximately 1,Gf1 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal-Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R-l" (Single Family Residential) and is proposed to rezone to "C-1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates,LP. Recommendation: & 4 Disposition by Council: Staff Report To the Honorable Mayor and City Council Date: November 4,2007 Agenda Item No: VI-b Subject: Public Hearing Originated by: Kathy Turner, City Secretary Summary: To receive citizens' comments regarding a proposed ordinance amending Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city's sign regulations; adding definitions of electronic message board and sandwich signs and regulations governing them; amending setback requirements for detached signs; and increasing the permitted size of monument signs. Recommendation: &47-� 6) Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: DECEMBER 13,2007 CONSENT AGENDA ITEM NUMBERS: VII a through VII f REQUEST TO REMOVE: ITEM PERSON: ITEM PERSON: ITEM PERSON: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK �-� ✓ JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED " J {� FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Consent Agenda Staff Report To the Honorable Mayor and City Council Date: November 4, 2007 Agenda Item No: VII Subject: Consent Agenda Originated by: lathy Turner, City Secretary Summary: The following items have been placed under Consent Agenda. These items are considered to be routine and self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember requests that an item be removed from the Consent Agenda and be considered, in sequence, as a routine agenda item. Recommendation: Staff recommends approval. Disposition by Council: Consent Agenda Item a ........... ...... ..... Staff Report To the Honorable Mayor and City Council Date: December 5,2007 Agenda Item No: VII-a Subject: Approval of Minutes: Regular Meeting dated November 8, 2007. Originated by: Kathy Turner, City Secretary Summary: Meeting minutes reflecting action taken at the regular city council meeting dated November 8, 2007. Recommendation: Staff recommends approval. Disposition by Council: 3285 MINUTES;`;_` KENNEDALI� TY i r-0WC'IL REGUI R MEOTU4 NdPEMBER S,2007 405 MUNICIP�f bR.. --IkEN BALE MUNICIPAL BUILDING Mayor, Bryan Lankhorst calle± %N meeting to order at 5:35 p.m. Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, John Clark; and Councilmernber's Brian Johnson,Jerry Miller-and Ronnie Nowell. Members absent: Councilmember, David Green. Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Torn Scollon, City Attorney; Clifford Blackwell, III, Director of Finance; Mark White, Community Development Director; Darrell Hull, Captain with Kennedale Police Department; Scott Raven, Fire Chief; Larry Ledbetter, Water/Wastewatcr Supervisor; and Bobbie Spense, Court Administrator. I. WORK SESSION Discussion will take place on the following items: a. Solid Waste Proposals. Bob Hart, City Manager addressed five solid waste proposals received from: Allied Waste, CWD, Duncan Disposal, IESI, and Waste Management of Texas. Hart spoke on eight criterions that included: rates, household hazardous collection, education, recycling, .landfill, availability of carts, service duality based on other client cities' references, and cost escalation formulas. Hart requested Council authorize him to negotiate with a selected company and a backup company, if negotiations were to fail. b. Contract Manager Proposals. Bob Hart, City Manager advised two proposals were received for a contract manager to oversee the construction of the TownCenter Plaza, Rolling Acres Park, and Oakwood drainage structure. Hart said two proposals: AUI and Speed Feb- Crete contained service costs, which was higher than anticipated and recommended Council reject the proposals and allow Building Official, James Cowey to manage the projects, and bid work to subcontractors. C. Any item on the agenda, if needed. A brief discussion took place on Item VIII-c, 16" Water line and meter station change order. It was noted that Tarrant County policy requires an overlay of the entire roadway width of the disturbed area where water line was installed. Next, Mark White, Community Development Director introduced Water/Wastewater Supervisor, Larry Ledbetter and welcomed hire to the City. No further discussion, Mayor Lankhorst closed the work session at 6:50 p.m. 3286 II. REGULAR SESSION Mayor Lankhorst called the regular session to order at 7:08 p.m. M. INVOCATION AND PLEDGE OF ALLEGIANCE William "Bill"Atchley provided the Invocation, and Boy Scout Troop 35 led the Pledge of Allegiance. IV. PRESENTATION(S) a. Mayor Lankhorst will present Life Safety Award to the Kennedale Fire Department. Mayor Lankhorst presented a Life Safety Award to Fire Chief, Scott Raven. V. VISITOR/CITIZENS FORUM No persons registered to speak during visitor/citizens forum. VI. REPORTS/ANNOUNCEMEENTS a. City Manager Bob Hart,City Manager reported on the status of the citizen opinion survey,visual preference survey, and industrial survey. b. City Council Councilmember Ronnie Nowell questioned the status of the recent roadway projects Council approved. Mr. Hart replied that contracts were at the County Commissioner's Court awaiting approval. C. Mayor Mayor Lankhorst provided the following announcements: Flag retirement ceremony scheduled for November 12, 2007 by Boy Scout Troop 35; Fundraiser at Applebee's on November 13, 2007 to benefit Boy Scout Troop 35; and annual Christmas Tree Lighting ceremony scheduled for Tuesday,November 27, 2007. VII. PUBLIC HEARING(S) a. To receive citizens' comments regarding a proposed ordinance relating to the exemption from ad valorem taxation of tangible personal property held temporarily at a location in the state of Texas for assembling, storing, :manufacturing, processing, or fabricating purposes. No persons registered to speak for or against proposed ordinance. Mayor Lankhorst closed the public hearing at 7;21 p.m. b. To receive citizens' comments regarding a proposed ordinance granting a franchise to Atmos Gas Energy Corporation. 3287 No persons registered to speak for or against proposed ordinance, Mayor Lankhorst closed the public hearing at 7:22 p.m. VIII. CONSENT AGENDA a. Approval of minutes: Regular meeting dated October 11, 2007. b. Approval of Quarterly Investment Report. C. Approval of Change Order for 16"water line. Mayor Pro-Tem, John Clark moved to approve consent agenda items, second by Councilmember,Jerry Miller. Motion carried(4-0). IX. REGULAR ITEMS d. Review and consider appointment/re-appointments of Magistrates to serve in Municipal Court,and issue Statement of Appointed Officer and Oath of Office. Mayor Pro-Tem, John Clark moved to appoint Diane Wilson, Ron McKuin, William "Bill" Atchley, and Gregory Hudson to serve as Magistrates of the Municipal Court, second by Councilmember, Brian Johnson. Motion carried (4-0). Bobbie Spence, Court Administrator administered the Statement of Appointed Officer and Oath of Office to William `Bill"Atchley and Gregory Hudson. e. Review and consider Ordinance No. 380, establishing Library Advisory Board Alternates. Councilmember, Brian Johnson moved to approve Ordinance No. 380 establishing Library Advisory Board Alternates, second by Councilmember, Jerry Miller. Motion carried (4-0). f. Review and consider Ordinance No, 381,Animal Control Ordinance. Councilmember, Brian Johnson moved to approve Ordinance No. 381, Animal Control Ordinance, second by Councilmember, Jerry Miller. Motion carried(4-0). g. Review and consider Ordinance No. 382, providing for the taxation of goods-in- transit exempt under Section 11.253 of the Tax Code. Mayor Pro-Tem, John Clark moved to approve Ordinance No, 382, providing for the taxation of goads-in-transit exempt under Section 11.253 of the Tax Code, second by Councilmember, Ronnie Nowell. Motion carried (4-0). h. Review and consider Construction Manager Proposals. Mayor Pro-Tem, John Clark moved to reject Construction Manager Proposals for the TownCenter Plaza, Rolling Acres Park, and Oakwood drainage structure, second by Councilmember,Brian Johnson. Motion carried (4-0). 3288 i. Review and consider solid waste proposal, and authorize City Manager to negotiate contract. 1' Mayor Fro-Tem, John Clark moved to authorize City Manager, Bob Hart to negotiate solid waste proposal contract with IESI first, and follow up with Duncan Disposal if IESI negotiations fail, second by Councilmember, Brian Johnson. Motion carried (4-0). j. Review and consider approval of Resolution No. 242, Election of members to the Board of Tarrant Appraisal District. Mayor Pro-Tom, John Clark moved to approve Resolution No. 242 casting six (6) cumulative votes for Harold Patterson to serve on the Board of Tarrant Appraisal District, second by Councilmember, Ronnie Nowell. Motion carried(4-0). k. Review and consider Ordinance No. 383, granting a franchise to Atmos Gas Energy Corporation. Mayor Pro-Tern Clark moved to approve Ordinance No. 383, granting a franchise to Atmos Gas Energy Corporation, second by Councilmember Nowell. Motion carried(4-0). No further discussion, Mayor Lankhorst recessed the meeting at 8:25 p.m. to enter into executive session. X. EXECUTIVE SESSION a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; regulation of sexually oriented businesses; and litigation, settlement offers,and/or claims regarding the following matters: 1. H&A Land Corporation,d/b/a Showtime Cabaret v. City of Kennedale; Cause No. 402-CV-0458-Y(Dreamer's). 2. City of Kennedale v. Log Cabin;Cause No. 342-218988-06. 3. Triple X Sign Litigation. 4. Zoning Case at 6901 Mansfield Cardinal Road. b. The City Council will meet in closed session to deliberate the appointment, employment,evaluation,reassignment,duties,discipline,or dismissal of a public officer or employee, Section 551.074,Texas Government Code. 1. KEDC Personnel C. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property—Oak Crest Addition, Lots 4, 5 and 20, Block 7. 3289 XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION,IF NEEDED. Mayor Lankhorst reconvened into open session at 9:13 p.m. a. Review and consider settlement agreement with Log Cabin. Mayor Pro-Tem, John Clark moved to authorize legal counsel to proceed with changes to settlement agreement with Log Cabin and prepare for City Manager signature, second by Councilmember Nowell. Motion carried(4-0). b. Review and consider appointments/re-appointments to the Kennedale Economic Development Corporation. No action was taken by City Council on this item. XII. ADJOURNMENT Councilmember Nowell moved to adjourn the meeting at 9:15 p.m., second by Councilmember Miller. Motion carried (4-0). APPROVED: Mayor,Bryan Lankhorst ATTEST: Kathy Turner,City Secretary Consent Agenda Item b . ............. i Caro, by- �FN/YEL34LE Staff Report To the Honorable Mayor and City Council DATE: 12/13/07 AGENDA ITEM NO: VIII. - b SUBJECT: APPROVAL TO EXECUTE CONTRACT FOR TELEPHONE HARDWARE FOR NEW TELEPHONE OPERATING SYSTEM WITH VOICE-OVER CAPABILITIES ORIGINATED BY: Clifford Blackwell, Director of Finance SUMMARY: In June 2007, City staff began discussions for a new telephone system that would centralize the City's entire phone system into one network. The discussions involved meetings with AT&T, the City's current provider, M5, Aptella, C- Beyond, Charter Communications, and Acxential, Inc. From these meetings, City staff has been able to assess the primary needs of the new telephone system. Currently, the entire phone system is de-centralized whereby each City facility operates its own phone system. For example, when phone calls need to be transferred from City Hall to the Police Building, the caller has to hang up and dial the Police number. This among other issues, is the primary reason City staff has aggressively pursued an overhauling of a municipal asset that plays such a vital role in providing city services. Therefore, in November 2007, the City of Kennedale published a notice for 2 consecutive weeks asking for companies to submit qualified proposals by December 6t", 2007 @ 2:00 p.m. Therefore, the following companies submitted their proposals in the order listed: 1) Acxential, Inc. 2) America Intellicom 3) Lantana Communications 4) AIT Technologies Due to the proposals being received one week before the Council Council meeting, all are being reviewed and ranked by the Evaluation Committee. The attachment compares the proposers based on pricing, availability of on-going maintenance, simplicity of project implementation, warranty of products, references and overall benefit to the City. Recommendation: Staff recommends City Council authorize City Manager to execute contract with Acxential for telephone hardware for a new telephone operating system with voice over capabilities. Disposition by Council: • Y 4�y btAs).nes.s solutions Ind. 3. SCOPE AND PURPOSE Acxential Business Solutions, Inc. ("Acxential") is pleased to offer this proposal of Voice- over Internet Protocol ("yowl equipment, services and management to the City of Kennedale ("Kennedale" or "the City") to implement their Voice-over-11) (VoIP) telecommunications system. As Kennedale's Information Technology (IT) service provider, Acxential is uniquely positioned to integrate this new voice system with Kennedale's IT network architecture. Acxential is offering a state-of-the-art Iwatsu Enterprise Communications System (ECS) Telephony solution with Quad-FusionT" technology. Quad-Fusion integrates traditional digital telephony (TDM) with proprietary IP and open standard Session Initiated Protocol (SIP) and H.323 videoconferencing within a single platform. The ECS can be expanded with a TAP[ gateway, Computer Supported Telephony Application (CSTA) integration, and full Automated Call Distribution (ACD) routing and reporting. The proposed Voice Messaging / Auto Attendant application is ESNA Technology's Telephony Office-L[nX"' (TOL) which provides full Unified Messaging features. This is a PC based voice messaging system that supports Lightweight Directory Access Protocol (LDAP) and Internet Message Access Protocol (IMAP) for synchronizing voice and email messaging. Additionally, Acxential is proposing an all-Cisco networking infrastructure to manage Voice and Data segregation via Virtual Local Area Networking (VLAN), Voice Priority, Quality of Service, and the Charter Fiber backbone, This networking equipment will provide 802.3AF Power-over-Ethernet (PoE), 802.1p Layer 2 Quality of Service (QoS) and Class of Service (CoS) prioritization and 842.1q Virtual Local Area Network (VLAN) tagging to improve voice services across the Kennedale network. Acxential will be the sole contractor, delivering the highest quality network and telephony solution without the risk that comes with managing multiple subcontractors. Acxential services will include installation, monitoring and management, and repair / replacement of the entire telephony/data network. Kennedale wishes to leverage the promise of VOW technology to maximize its flexibility and performance of voice systems and services. Acxential will provide a fully integrated and managed VolP solution to meet the most stringent of quality requirements. Additionally, our proposal will include equipment, services and features are able to support the following requirements as stated by the city including; PROPRIETARY DATA NOTICE Data contained herein includes information and pricing proprietary to Acxential Business Solutions, Inc. This data Is Intended for Customer's Internal use only. Customer may not copy,convey or disseminate this data,In whole or In part,to any person or entity without written permission from an officer of Acxentlal Business solutions,Inc. Page 5 of 20 r H T A L kausiness solutior°ls inc. • the provision of a new telephone system, built by a nationally known manufacturer, Iwatsu Voice Networks,with a 5 year extended warranty, • easily used and readily accepted with over S million users, • handsets have an internal Layer 2 switch and a second pass-through Ethernet port so that a PC may use the same uplink as the handset, • fiber capable system and integration equipment built by Cisco (and services) that provide QOS to classify traffic so that voice can be prioritized through the network, • handsets that are easy to install and configure (handsets support POE), support headsets and provide excellent sound quality including full-duplex speaker phone, • the ability to use any communication standard including SIP, VoIP,TDM, H.323, 802.3AF, 802.1p, 802.1q, MGCP(Equivalent Capability)and LDAP, • the provision of products that have the strongest manufacturer commitment and our company provides the highest level of vendor support (Please see our references included in the reputation portion of this document), • the provision of products and services will be supported by highly qualified and trained technicians. Our products offer the highest reliability in the industry and our service staff is able to support large VolP Telephone Installations and Computer Networks (including multi-site integration), • an easily upgradeable product with a high level of cross compatibility, supporting all available industry standards, including SIP and I-l.323. • equipment that can be easily maintained by network administrators through standards based interfaces. • the utilization the city's fiber infrastructure. PROPRIETARY DATA NOTICE Data contained herein includes Information and pricing proprietary to Acxential Business Solutions, Inc. This data is Intended for Customer's Internal use only. Customer may not copy,convey or disseminate this data,in whole or in part,to any person or entity without written permission from an officer of Acxential Business Solutions,Inc. Page 6 of 20 buskness SQJI"tlons Inc, 4. DESCfPTION OF PRODUCTS AND SERVICES/ITEMIZED LIST OF HARDWARE, SOFTWARE, ETC. UNIT EX7EADm ITEM O:ANTITY PR106 PRJCE TOTALS PBX Eq*oe-k(vhdi 3 yw maVachm v warty) i S 8.71620 $ 6,71625 620570-SUITEB ENTERPRISE SUITE S8ESIP-8 PCRTS NEW FNTERPRISE SUITE PACKAGE NQLAES: 1-IKEGSLP PKQ PN 042065 1-ENTERPRISE SP SBE 8PORT PKQ PN E2057PIPMER 1-ECS CSTA EVENT LICE43E-PN 000122 d-TCL SP PORT LIONS,PN @0097 6•ECS SP PORT LICENSES,PN 000331 IKECS,LAP PKG 04EC31P PACKAGE INCLUDES: 1•:X-C E 1-KP SE(72 TOM STATICN PCR19) 1-IXCICU I•IX,CC9u 1-{X M&) i-%PGRT LCENSE T-ECS VEASICN 30 LICENSE 8•IWATSU SIP SFATM LICENSES 1•EIS O.MFUCS MANUAL 101271 I)F•UW CNJGHTER&W UNIT WTH24 MBU CFIANNFU_S.W TO1HIIIE EMKM MY 9L At7LIDToMU. 2 S 899.10 $ 1,19820 000918 PORT ADD-CN LICENSr1(90 PORTS)PORT A0640141 I-ICENSE,04AEL.ES PORT 597-192 1 $ 135.89 S 135.00 000304 IF a^TATICNLICE14SE 75 $ 37.00 $ 2.63500 Mi 7 AM CALL ROLMNG LICIR4SE TURNS CN ACD CALL RCUTNG FEATLFd-N 8JT63PR1SE-CS 1 $ 675.00 S 675,00 000315 SN,OR LICENSE TURNS dd 9A0R EVENTS THi OI JGH COl S9RIAL PCRT CIR ETr644ETPCRT 1 $ 16225 $ 18225 1014721K8SLSSA 8PC FrT BT MOn4'3430ARD INTERFACE CARD WITH CALLER ID.OONTANS EIGHT ORCVRS 1 $ 574A3 S 574,43 FCROCPREIVISE SINGLE LINE TELEP",IG S AND S14G.E UN5TEIEPFICNES 111H MESSAGE LAWS 102220 iX-13nP ISDN PRMARY RATE INTER ACE CARD SUPPORTS CNE IS7N PRf SPAN 1 $ 99900 $ 999.00 104303 12i PL ATINLM SERIES 74 $ 268.05 $ t9,880.10 PLATNUMSEIIES 12 PTELEPH�;W MTNTWOLiNE SOFIKEYDISPLAY,U KILLTPURPOSEIEYS,AND OUPLEX EPEA14WH,TE.PROVDES SEC"E FHERNET PCM FOR COWIECTION OFA PG REQUIRES 04MU CARD NSTALL®IN EOS SYVtM SL 4XMS POVA R OJER ETFBRJ•ET OR TFP O-FO44L 1y4PKTAC.E(PN 104292).RECUMS AN IWATSU V STATIC7N LICENSE. 5)0%0 ACCLC41 PRO CD-RCM ACCIJCAdl PRO GALL ACCOI.NPWN SOFTWARE-ACCUCALL PROCOLLECTS 1 3 66625 $ 66825 AND ORGANIZES TFE NFORh1AT10NNEC ESSARYTOEFFECTAIELY IAVoi E AND GU4utm TELFPmoW COSTS,RFGJIRES OJSTCM ER PROVMD PC, 6MW3-YMB EMAP.S S03E CMNET 65 F/A1R WN1 MOLW fiknT RkCK-UP WALL N""ABLE RATTERY 1 S 191.40 $ 194A0 WtKkP PCR St4UE C F,LY ECS OS ADiXAPS 034 SGUTArOU 24V20AR ESTMATFD RIN TLME=6.5 HoARS Dlglal nvNpmhdd Tla,Nark syelyn:'.gyprk MPO aq rilria.aide formats.Tine trill.F+as&iMBdaebOadmmray 1 $ 23800 E 238.00 pelaaded xltlr over 57 nirrllrs dgroaC murig Ilw>36d na>slt nOrlerlL sa k'a+9ad,�b 9tr d3h1 al d Nre trox Addnen mlerl In Ore plRff by ocrnedYg b a PC Na ft USS po4 a)LM spin a Swn UJIal(So)Cad Wh new wilent ey afdrg a SD Cad ym Tar liue ho mennly to 1GS 8 3 152.00 S 89600 Linksys SPAMW Fx8 GElemy Memperal-4e Wlh Cannon 10oprmy Aglpnarl for Finarlldawalbn win R11 sw,.cM, krAdlalhn and TrahYrg $ 7200100 $ 4z991,Bo Ndxuddrg 120pawk CATALYST 379512 SFP STANOARD ML LTLAYER IMAGE 1 $ $612,50 5 6,682.50 CATALYST 35(130 4ffCff 1(Viftl 00T+POE+4 JENPTYI SM SLOTS 1 S 8.901.41 $ $901.41 CATALYST 35M 24-POW 101100'1000r+POE+41E3,VMSFP- SOTS 2 $ 5201.15 $ 10,574.31 CATALYST 3560&PORT 101100+POE+1 IE AIM 10101000 sw SArs 4 $ 128927 $ 5,077.06 GLC-SX44A 0589-Tr-xwe&w modle-SFP-C3gatA EN-if100f7awsx-850 in 4 3 465.32 S 1.86127 MC&X,FJJ Osw-Traivcdurnndle-SFP-Cs9iEN-I00pLi,TpRX-1490 ON)11310;R)()rn 5 S 1;249.37 $ 624&06 CLCrPNj Osm-Tmanac>Iner md-de-SFP-Gigabil EN-10008ar EIX-13tO(Tx)11491) mr 5 S 1.249.37 $ 8246.86 SIK(6)Stand MAnodaFAW(62S1125)vltn SC-SC Tmdnaba and W Eyes on bcdiends(pa-fool) 500 $ 112 $ 807,68 CC14SNT-3750G24S 9rraM1e18:�N for 12 SIT+37.91 1 $ 580.00 $ 560.00 OON-SW-35OMKPS Sniahid Rc%W for 48Pn01 356D 1 $ 81000 $ 810.w OONSNT3560a1GP5&rw4rd&SN90 far 24-Pod 35M 2 3 49060 $ 9M 00 CO4-SNT-WSC3.'£6 Wk"LtrS44RL1 Ian&%l 35M 4 $ 120.89 S 48356 MT ILA0rT 3 2,160,00 $ 51,407.51 ECLIFtr[74T TOTAL $ 94,39939 Extended warranty and annual maintenance fees for Iwatsu, ESNA, and Cisco equipment are included in the monthly support plan. PROPRIETARY DATA NOTICE Data contained herein includes information and pricing proprietary to Acxential Business Solutions,Inc. This data is intended for Customer's internal use only. Customer may not copy,convey or disseminate this data,in whole or In part,to any person or entity without written permission from an officer of Acxential BUSineSS Solutions,Inc. Page 7 of 20 i Atn�ss s�rl><.I.tEctin� Iraq. 4.1 Estimated Monthly Equipment Lease Costs Equipment leasing is subject to credit approval and current rates of leasing provider. Based on current market rates,the following is an estimate of the monthly payments for this proposal. System Cost $94,339.39 60 Month Lease $2,075.47 72 Month Lease $1,830.18 4.2 Monthly System Monitoring and Maintenance Support Plan System Maintenance covers all additions, changes and move requests, system monitoring, and remote configuration of routers, switches, and ECS components and extended warranty and maintenance support for all Iwatsu and Cisco equipment. This includes Software Assurance on the TOL and ECS and annual SmartNet support for Cisco equipment. SMPL Service Plan (monthly) $607.67 TOL/SBE Messaging System Included for 8 ports S. DESCRIPTION OF PRODUCTS AND SERVICES 5.1 Provider of All Services Acxential's proposal includes equipment, hardware, software, installation and related services. Acxential is the provider of all services and does not foresee the use of contractors for the city's services. If any contractors are used, Acxential will act as the prime contractor. 5.2 System Planning and Additional Features The ECS is a very dynamic and flexible PBX with hundreds of features, several identified above. This proposal includes up to 8 hours of system planning to review the available features and determine the right functions to be programmed on each station and call processing sequences for the entire city government and all departments. S.3 Installation, Implementation and Training 5.3.1 Installation & implementation Installation will be phased to ensure success with minimal interruption to normal City operations: PHASE I — Network Upgrade. This will include updating building IP address schemes to ensure no address conflicts while promoting clear routing between sites. Acxential will run multi-mode fiber between the City Hall and the Senior Center to complete the City's PROPRIETARY DATA NOTICE Data contained herein Includes Information and pricing proprietary to Acxential Business Solutions, Inc. This data Is intended for Customer's internal use only. Customer may not copy,convey or disseminate this data,in whole or in part,to any person or entity without written permission from an officer of Acxentlal Business solutions,Inc. Page 8 of 20 Lantana •iiC7t'Yv'rY�:il , YIN4 A+r P 6rrARM1r r.:r Scope and Purpose of Telecommunications system to be Implemented I have designed the IP Office to meet the requirements listed in the RFP published by the City of Kennedale.The details for each location are listed below: City Hall—IP 406 control unit, interface for a full or fractional T1,4 loop start trunks, 2 analog station ports, 8 digital station ports, 8 LAN ports, 30 channel voice compression module,Juniper 2320 Router, 10OBase Optical Transceiver, main voicemail control unit,attendant softconsole, and 30 IP phones(10 button sets). Police Department—IP 406 control unit, interface for a full or fractional T1,4 loop start trunks, 2 analog station ports,8 digital station ports,8 LAN ports, 16 channel voice compression module,Juniper 2324 Router, 10013ase Optical Transceiver, attendant softconsole,and 20 IP phones(10 button sets). Fire department IP 406 control unit, interface for a full or fractional T1,4 loop start trunks, 2 analog station ports,8 digital station ports,8 LAN ports, 16 channel voice compression module, Juniper 2320 Router, 1006ase Optical Transceiver,attendant softconsole,and 15 IP phones(10 button sets). Public Library— IP 5inall Office Edition,4 loop start trunks,4 analog station ports,8 digital station ports,4LAN ports,3 channel voice compression module,Juniper 2320 Router, 10013ase Cpij4-al Transceiver,attendant softconsole,and 2 IP phones(10 button sets). Senior Center-IP Small Office Edition,4 loop start trunks, 4 analog station ports,8 digital station ports,41-AN ports,3 channel voice compression module,Juniper 2320 Router, 10013ase Optical Transceiver,attendant softconsole, and 2 IP phones(10 button sets). Public Works- IP Small Office Edition,4 loop start trunks,4 analog station ports,8 digital station ports,4LAN ports, 3 channel voice compression module,Juniper 2320 Router, 100138se Optical Transceiver,attendant softconsole,and 2 IP phones (10 button sets). The system proposed has the following capabilities: + Voicemail--including message to email and ability to listen to messages via WAV file. System is also capable of forwarding messages to other extensions. • Call hold with music on hold—this feature includes management of call holding such as time on hold and rollover to voicemail, reminder voice message and the ability to move and transfer calls on hold. • Conference Calling—Each phone has a 3 party conference feature.The systern comes standard with a 64 party conference bridge to users dial into and is validated with a PIN or password.The 64 party bridge can be partitioned any way possible, 2 parties of 32, 16 parties of 4, etc. • Call Queuing—the ability to put calls into queues to be answered in turn by the operators or by designated extensions/hunt groups. • Call Center Functions—functions to help a business operate a call center for incoming and outgoing calls. • Do Not Disturb-..allowing a call to route to an alternate number or voicemail during meetings. • Dial-by-Name Directory—for ease of employee's use of phone books. • Intercom, Paging, and Speakerphone users can intercom across all phones as well as use individual phones as speaker phones; each phone features a full duplex speaker phone. • Recording Function—recording of phone calls both inbound and outbound either full time on selected lines or by hot key on end users phone. • Attendant Console—a web-based control system that allows the companies operator to manage individual calls and the functions of its telephony system from a simple interface. • Call Grouping(Hunt Group)--grouping incoming calls, extensions, and employees together into functional units that can send, receive and manage calls as a single unit. • Find/Follow Features--automatically routes calls to employees wherever they are located including mobile numbers,telecommuting options, etc. • Remote Office Features—features to support satellite offices and have them either operate as distinct entities or as if they are part of the main office. • Scheduling Features—features to change the operation of the system at different times or to schedule other operations. • Multiple Call Trees—allowing different departments and users to customize their own auto attendant/menu tree. Lantana fpw:+wunir�llen� Itemized list of hardware, software,equipment,switches,server,and cost of each City hall 1 IPO LIC IP400 VM PRO RFA LIC:DS $1,436.40 1 IPO LIC IP400 VM PRO RFA 4 LIC:CU $2,070.00 1 IPO LIC IP400 VM PRO RFA 8 LIC:CU $3,956.40 3 1 P- IP400 RACK MNTG KIT $82.94 1 IP400 Analog 4(LS)Expansion Kit $264.24 18 IPO-IP400 ISDN RJ45/RJ45 3M RED $58.75 1 IPO LIC DONGLE-IP400 FEAT KEY USB $42.48 3 IPO-PWR LEAD(EARTHED) US $32.40 1 IPO MC- IP400 VCM 30 EXP KIT $3,598.20 1 IPO MOD IP406 V2 DS MU BASE $1,305.36 1 IPO CD 4.1 USER/ADMIN SET $13.68 30 IPO 56105W IP TELSET GRY RHS $7,236.00 1 IP400 PR) 24 T1 Expansion Kit $1,735.20 1 5oftconsole $750.00 1 Juniper 2320 256MB Router $2,100.00 1 100BASE Fiber Optical Transceiver $215.00 1 Dell PC $540.00 1 UPS $93.60 $25,530.66 Police Department 2 IPO- IR400 RACK MNTG KIT $55.30 1 IP400 Analog 4 (LS) Expansion Kit $264.24 16 IPO - IP400 ISDN RJ45/RJ45 3M RED $55.30 1 IPO LIC DONGLE- IP400 FEAT KEY USB $42.48 2 IPO -PWR LEAD(EARTHED) US $21.60 1 IPO MC VCM 16(ECHO CANCL) EXP KIT $2,231.28 1 IPO MOD IP406 V2 DS MU BASE $1,305.36 1 IPO CD 4.1 USER/ADMEN SET $13.68 20 IPO 5610SW IP TELSET GRY RHS $4,824.00 1 IP400 PRI 24 T1 Expansion Kit $1,735.20 1 Softconsole $754.00 1 Juniper 2320 256MB Router $2,100.00 1 100BASE Fiber Optical Transceiver $215.00 1 UPS $93.60 $13,707.03 Fire Department 1 IPO- IP400 RACK MNTG KIT $27.65 5 IPO-IP400 ISDN RJ45/RJ45 3M RED $17.28 1 IPO LIC DONGLE- IP400 FEAT KEY USB $42.48 1 IPO- PWR LEAD(EARTHED)US $10.80 1 IPO MC VCM 16(ECHO CANCL) EXP KIT $2,231.28 1 IPO MC ANLG 4 UNI(LS) EXP KT $264.24 1 IPO MOD IP406 V2 DS MU BASE $1,305.36 1 IPO CD 4.1 USER/ADMIN SET $13.68 15 IPO 5610SW IP TELSET GRY RHS $3,618.00 1 IP400 PRI 24 T1 Expansion Kit $1,735.20 1 Softconsole $750.00 1 Juniper 2320 256MB Router $2,100.00 1 100BASE Fiber Optical Transceiver $215.00 1 UPS $93.60 $12,424.57 Public library 4 IPO - IP400 ISDN RJ45/RJ45 3M RED $13.82 1 IPO LIC DONGLE- IP400 FEAT KEY USB $42.48 1 IPO- PWR LEAD(EARTHED) US $10.80 1 IPO SML OFF ED 4T+4A+SDS 3V US BASE $2,016.00 1 IPO CD 4.1 USER/ADMIN SET $13.68 2 IPO 5610SW IP TELSET GRY RHS $482.40 1 Softconsole $750.00 1 Juniper 2320 256MB Router $2,100.00 1 100BASE Fiber Optical Transceiver $215.00 1 UPS $93.60 $5,737.78 Senior Center 4 IPO- IP400 ISDN RJ45/RJ45 3M RED $13.82 1 !PO LIC DONGLE-IP400 FEAT KEY USB $42.48 1 IPO- PWR LEAD(EARTHED) US $10.80 1 1130 SML OFF ED 4T+4A+8DS 3V US BASE $2,016.00 1 IPO CD 4.1 USER/ADMIN SET $13.68 2 IPO 5610SW 1P TELSET GRY RHS $482.40 1 Softconsole $750.00 1 Juniper 2320 256MB Router $2,100.00 1 100BASE Fiber Optical Transceiver $215.00 1 UPS $93.60 $5,737'.78 Public Works 4 IPO- IP400 ISDN RJ45/RJ45 3M RED $13.82 1 IPO LIC DONGLE - IP400 FEAT KEY USB $42.48 1 IPO- PWR LEAD (EARTHED) US $10.80 1 IPO SML OFF ED 4T+4A+8DS 3V US BASE $2,016.00 1 IPO CD 4.1 USER/ADMIN SET $13.68 2 I130 5610SW IP TELSET GRY RH5 $482.40 1 Softconsole $750.00 1 Juniper 2320 256MB Router $2,100.00 1 100BASE Fiber Optical Transceiver $215.00 1 UPS $93.60 $5,737.78 (Equipment and Software Subtotal $68,875.61 Proffesional Services $18,293.00 Network Assesment for all locations Project Management Installation Training Total Investment $87,168.61 Chris Herring 6100 W. Pioneer Pkwy . 3 Suite 120 Arlington, TX 76013 Tel (888)727-7260 Fax(817)459-7975 N �tTEi. Cell(817)905-3825 HIETWORKS 11/5/2007 cherring @aisolutions.com Nortel BCM VoIP Solution City ofKennedaie 1.00 Nodal BCM 400 rels 4.0 4,117.50 4,117.50 1.00 Console.net PC Based Reception console 1,695.80 1,695.80 72.00 No rte l 1140E Exec Handset NT15iP 390.40 28,148.80 2.00 BCM Digital trunk card(PRI) 1,616,50 3,233.00 3.00 lP telephony client license pack, 32 seat 2,806.00 8,418.00 2.00 BCM VolP Gateway 8 trunk SAN Auth code 1,982.50 3,965.00 2.00 Media PEC card for BCM 701.50 1,403.00 3.00 BCM Voice messaging ke code,32 seat license 2,074.00 6,222.00 1.00 BCM Voice messaging ke code,8 seat license 597,80 597.80 1.00 BCM Call Center Professional wl Reporting 20 seats 5,825.50 5,825.50 1.00 Ta IT Call Multi version EX Call acounting 1,457.90 1,457,90 0.00 0.00 000 0.00 0.00 0.00 0.00 Telephone System Installation&Training 5,249,96 Cablina Inetallatlon&Materials 0,00 Travel Ex noes JAIrfare,Motel Travel time Meals etc 0.00 TOTAL INVESTMENT 4.26 •Signature authorizes America Intellicom to order equipment and proceed with scheduling installation. •1 year warranty included on all equipment •Pricing subject to standard Al Sales Agreement •Pricing excludes applicable sales tax Lease Option: Lease Typq Term I Factor I Monthly Amount $1 Buyout 0 Months 1 0 1 $ CLICK ON RID DOT FOR NEW LEASE FACTORS America Inteliicom, Inc City of Kennedate Signature Signature Name Name 'e Title Date Date America Intellicom's Caveats and Exclusions to KENNPHONE-01 Pro osal 1) RFP states that Charter is managing the City of Kennedale's fiber network, but doesn't state if Charter is providing voice packet prioritization and/or QoS,or both of which are required for proper VoIP communications.Without the network manager providing proper QoS implementation America Intellicom, Inc.cannot guarantee proper operability of the VoIP solution. 2) RFP does not state what the City of Kennedale's immediate plan for actual telephone service will be at the time of system installation. Based on the RFP, It would appear all of the City's lines are 1FB's(ie analog circuits)yet the RFP states the system needs to provide DID's-which would mean a PRl or T1 circuit would need to be installed by the current Telco. America Intellicom, Inc.has configured Its VoIP solution with PRI/T1 and changes may accrue additional charges. 3) RFP states that vendor is to include pricing coverage for all necessary routers,switches, gateways and cabling, however doesn't specify the exact number of ports currently needed and what should be allowed for future expansion on the network.America Intellicom, Inc. has not Included any necessary pricing for routers,switches,gateways, or cabling and etc due to the lack of the above information. 4) RFP states that vendor is to include"excellent security from intrusion". Assuming the RFP is requesting network intrusion/firewall,this should be provided by the network admin/manager- ie in this case Charter Communications. 5) RFP stipulates that the vendor is to supply 24/7 management and monitoring of the phone system at no additional cost without providing a specified amount of time this is to be included, America Intellicom,inc.cannot include these services without this information. F fi) RFP stipulates that phone service is to be able to be re-routed to alternate locations to provide business continuity, without specifying if they mean between buildings on the City's system or if they mean system wide outage (or both). Routing calls from one building to another on the same system is not an issue, however re-routing calls in the event of a system wide outage or Telco service outage can only be handled by the Telco themselves.America Intellicom,Inc. cannot be responsible for providing these services outside the private network. 7) RFP stipulates they require call center functionality without specifying how many seats/how large the call center needs to be "out of the box". In an attempt to provide some budgetary numbers,America Intellicom, Inc.has provided pricing for a 20 seat solution, 8) RFP stipulates they require a web-based control system/Central Answering position console however does not specify if they need just the software or if the computer would need to be included &furnished for this purpose.America Intellicom,Inc. is providing a software only solution. 9) RFP stipulates that they want to allow for remote office features. This will require access thru Charter's managed fiber network. If Charter is providing hardware based firewalls on the City's network this may cause some conflicts resulting In ports needing to be opened for remote office access, 10) RFP stipulates that analog support is needed, however doesn't state the number of analog ports needed/requested or where they will be located to provide a proper cost estimate. In addition, America Intellicom, Inc typically recommends at least a single analog line be located in any remote building for emergency purposes. In this case we would strongly recommend maintaining at least one in every building outside of and Including City Hall. 11) RFP mentions that"service providers" need to implement E911-there are software based solutions that can assist in maintaining a proper E911 database, however this solution does not solely rest on the equipment vendor. While America Intellicom, Inc. can provide the database software solution (cost not available at time of proposal but can be furnished at a later date); the solution will ultimately require the Customer and their Telco provider work together to maintain proper E911 operability. This may result in additional costs outside the scope of this RFP. 12) RFP stipulates that phones provided are to be new or refurb, with an extended warranty. America Intellicom, Inc. provides a 1 year warranty on both new and refurbished products. 13) RFP stipulates that telephone hardware(system and phones)are to support QoS, however doesn't mention if the City's network supports QoS system wide(end to end). This is required for proper VoIP implementation. 14) Note that America Intellicom, Inc did not provide lease terms or pricing on this proposal, however we do have it available once a final working solution is established. 15) Note that without a full-access site survey of the City of Kennedale's existing cabling infrastructure and existing equipment and subsequent network certification,America Intellicom, Inc. cannot guarantee full operability of the proposed VoIP solution. .1.1*_`- AIT Schedule I rechnoIogies City of Kennedale INVESTMENT DESCRIPTION Customer: City of Kennedale Agreement#: Quantity Description City Hall 1 Univerge IPS IP 8-Seat System Package - includes Main CPU, Basic Cabinet, Ethernet Interface, etc. 2 Univerge IPS PIMMJ (UA)- Expansion Cabinets 1 Firmware Processor CP15 1 Ethernet Interface 3 Internal Batteries 1 8-Port Power f=ailure Transfer 8 Central Office Analog Telephone Line interface Ports (Support up to 8 Backup Analog Phone Lines) 3 PRI Interface Board with Built-in CSU and Clock 8 Standard Digital Station Ports Supporting Series I Terminals 72 IP PADs 24 Analog Station Supporting Analog Divices such as Fax Machines, Conference Phones, etc. 40 IP Seats 1 System Modem for Dial-Up Remote Access as well as TCP/IP Access 2 Remote Site Licenses 1 Music On-Hold Input Port 1 External Paging Input/Output Port 1 TCP/IP System Management Software 1 Miscelanneous System Cables 1 32-Button IP Receptionist Set with LCD and Speaker, 1 60-Button Direct Station Select Consoles 15 8-Button IP Executive Set with LCD and Speaker 15 16-Button IP Executive Set with LCD and Speaker 3 IPS Installation Kit- Rackmount 1 IPS Multi-line Terminal User Guides 1 IPS Attendant User Guide 1 5-Year Warranty on Hardware Police Department 1 Univerge IPS Remote PIM Package (Includes Cabinet, CPU, Ethernet Interface, etc.) 1 Internal Batteries 8 Central Office Analog Telephone Line Interface Ports (Support up to 8 Backup Analog Phone Lines) 8 Standard Digital Station Ports Supporting Series I Terminals 32 IP PADs 8 Analog Station Supporting Analog Divices such as Fax Machines, Conference Phones, etc. 24 IP Seats 1 System Modem for Dial-Up Remote Access as well as TCP/IP Access 1 Music On-Hold Input Port 1 External Paging Input/output Port 1 TCPAP System Management Software 1 Miscelanneous System Cables 1 32-Button IP Receptionist Set with LCD and Speaker. 1 60-Button Direct Station Select Consoles 10 8-Button IP Executive Set with LCD and Speaker 10 16-Button IP Executive Set with LCD and Speaker 1 IPS Installation Kit-Rackmount 1 IPS Multi-line Terminal User Guides 1 IPS Attendant User Guide 1 5-Year Warranty on Hardware Fire Department 1 Univerge IPS Remote PIM Package (Includes Cabinet, CPU, Ethernet Interface, etc.) 1 Internal Batteries Central Office Analog Telephone Line Interface Ports (Support up to 8 Backup Analog Phone 8 Lines) 8 Standard Digital Station Ports Supporting Series I Terminals 32 IP PADS 8 Analog Station Supporting Analog Divices such as Fax Machines, Conference Phones, etc. 24 IP Seats 1 System Modem for Dial-Up Remote Access as well as TCP/IP Access 1 Music On-Hold Input Port 1 External Paging Input/output Port 1 TCP/IP System Management Software 1 Miscelanneous System Cables 1 32-Button IP Receptionist Set with LCD and Speaker. 10 8-Button IP Executive Set with LCD and Speaker 5 16-Button IP Executive Set with LCD and Speaker 1 IPS Installation Kit- Rackmount 1 IPS Multi-line Terminal User Guides 1 IPS Attendant User Guide 1 5-Year Warranty on Hardware Public Library 1 8-Button IP Executive Set with LCD and Speaker 1 16-Button IP Executive Set with LCD and Speaker 2 PS(A)-R-Provides ability to support an analog phone line as backup 1 5-Year Warranty on Hardware Senior Center 1 8-Button IP Executive Set with LCD and Speaker 1 16-Button IP Executive Set with LCD and Speaker 2 PS(A)-R-Provides ability to support an analog phone line as backup 1 5-Year Warranty on Hardware Public Works 1 8-Button IP Executive Set with LCD and Speaker 1 16-Button IP Executive Set with LCD and Speaker 2 PS(A)-R-Provides ability to support an analog phone line as backup 1 5-Year Warranty on Hardware Chamber of Commerce 1 8-Button IP Executive Set with LCD and Speaker 1 16-Button IP Executive Set with LCD and Speaker 2 PS(A)-R-Provides ability to support an analog phone line as backup 1 5-Year Warranty on Hardware Total Univerge 1PS Investment: $80,000.00 Vuesion Enterprise Platform for All Locations 1 12 voice-port software licenses. Includes 1 Super Console license 1 Server Platform 3, 2 PCI slots,Xeon, 1GB RAM, RAID1, Redundant PS, 2003 Server OS. 2Un Rackmount 2 Vuesion Super Console PC client software (12 views 12000+ icons) 30 Vuesion Super User PC Client software(3 views/25 icons max) 5 1 Recorder user session 1 Tap Station side: 16-port digital stations Tap recording board 1 10 seats of Unified Messaging 1 Dial from TAPI applications (i.e. MS Outlook).20 users 1 Standard call reports (Station, Trunk,Area Code, Account Code...) Total Vuesion Enterprise Platform Investment: $28,000.00 Professional Service 1 Network Planning, Mapping and Preparation 1 Network Installation, Programmin, Customizing and Testing 1 Training: Users and Network Administrator 1 12-month Warranty on All Associated Labor Total Professional Service: $22,275.00 GRAND TOTAL: $130,275.00 Pes hizf Nation Estimated System Management 1 Annual Investment of the TruePartner Managed Service Plan:$95,633.00 i re .. -AI-AIT Schedule 2 Tech11oI09j.5 City Of Kennedale DATA EQUIPMENT INVESTMENT DESCRIPTION Customer: City of Kennedale Agreement #: Qu amity Description Routers/Switches 4 IX2000 Routers 3 IX3010 Routers 1 IX Advanced Features License 1 10006ase-SX SFP Optical Modules 6 BlueFire 210124 POE Switch with 2P SX GE GBIC 1 QX-S3652P 48-Port FW POEM-4 Port SFP 1 One Year of Preminum Support from NEC Total Investment: $35,892.00 Professional Services 1 Configuration, Setup and Test Total Professional Service Investment:$12,000 Grand Total Investment for Data Services/Products:$47,892.00 business solutions In.c. 4.1 Estimated Monthly Equipment lease Costs Equipment leasing is subject to credit approval and current rates of leasing provider. Based on current market rates,the following is an estimate of the monthly payments for this proposal. System Cost $94,339.39 60 Month Lease $2,075.47 72 Month Lease $1,830.18 4.2 Monthly System Monitoring and Maintenance Support Plan System Maintenance covers all additions, changes and move requests, system monitoring, and remote configuration of routers, switches, and ECS components and extended warranty and maintenance support for all Iwatsu and Cisco equipment. This includes Software Assurance on the TOL and ECS and annual SmartNet support for Cisco equipment. SMPL Service Plan (monthly) $602.67 TOLJSBE Messaging System Includes!for 8 ports 5, DESCRIPTION OF PRODUCTS AND SERVICES S.1 Provider of All Services Acxentlai's proposal includes equipment, hardware, software, installation and related services. Acxential is the provider of all services and does not foresee the use of contractors for the city's services. If any contractors are used, Acxential will act as the prime contractor. 5.2 System Planning and Additional Features The ECS is a very dynamic and flexible PBX with hundreds of features, several identified above. This proposal includes up to 8 hours of system planning to review the available features and determine the right functions to be programmed on each station and call processing sequences for the entire city government and all departments. 5.3 Installation, Implementation and Training 5.3.1 Installation & Implementation Installation will be phased to ensure success with minimal interruption to normal City operations: PHASE I — Network Upgrade. This will include updating building IP address schemes to ensure no address conflicts while promoting clear routing between sites. Acxential will run multi-mode fiber between the City Hall and the Senior Center to complete the City's PROPRIETARY DATA NOTICE Data contained herein includes information and pricing proprietary to Acxentlal Business Solutions, Inc. This data is Intended for Customer's internal use only. Customer may not copy,convey or disseminate this data,in whole or in part,to any person or entity without written permission from an officer of Acxential Business solutions,Inc. Page 8 of 20 � tH}T fiber backbone and implement Cisco routers to connect the fiber and interconnect the City's buildings into a single routed private network. PHASE Il -- PBX installation. This will be the installation of the PBX and handsets to all locations. Internal calls will be a the completion of this Phase, but outside calls will not be available. This allows testing of PBX features in parallel to the existing voice network. PHASE III —Trunk Transition. This phase will implement the new PRI trunks to the ECS PBX. Numbers will be ported to this PRI one building at a time to ensure proper operation and routing while limiting risk, as only one building's numbers will be ported at a time. 5.3.2 Training Training will be provided to department heads, designees and all other city employees as needed. This management training will consist of two separate classes of up to 2 hours of training for up to 15 attendees per class. The class will consist of instruction on basic use of the handset to include call receiving, hold, transfer, monitoring, and feature set; and voice mail to include initializing mailboxes, listening to messages, sending messages, recording greetings, creating notification schedules, and setting up departmental menus. Kennedale will be responsible for providing the necessary training room. Additionally, follow-on training for new employees, refresher training and training for new employees will be available every Thursday morning [for the duration of our IT contract with the city]. This training will be included as part of our IT support charges. We will certainly be able to meet the city's goal of having access to a full range of advanced telephony features and external/internal phone directories without having to become phone experts. 5.4 Management and Monitoring The telephone system and voice mail / auto attendant computer will be managed and monitored 24/7 to ensure smooth communications. These services are included in our monthly maintenance and services agreement. Monitoring will include automated queries to ensure continual normal operation of the equipment with monthly reports of availability and activity. Management and support will include remote access to troubleshoot and repair issues with a second level of onsite support when remote support is not sufficient. 5.5 Term This contract is for a five (5) year term and will automatically renew for subsequent one (1) year terms. Customer may cancel this contract at the end of a contract period by notifying Acxential by certified mail at least 30 days prior to the end of the current term. Cancellation for any time other than the end of the current term will incur a charge of PROPRIETARY DATA NOTICE Data contained herein Includes information and pricing proprietary to Acxentlal Business Solutions, Inc. This data is Intended for Customer's internal use only. Customer may not copy,convey or disseminate this data,In whole or in part,to any person or entity without written permission from an officer of Acxential Business Solutions,Inc. Page 9 of 20 S iT;LA 25% of the remaining Monthly Management Service fees for the current term, and will be due immediately upon receipt of notice. 5,6 Service Levels Incoming help desk calls will be answered within 5 rings. This "answer" may be a voice message system or a help desk representative. All help desk messages received between 8:30 AM and 5:00 PM Central Time on business days will be responded to within sixty (60) minutes by a help desk representative. Calls received during evening hours, weekends, or holidays will be responded to by 9:00 AM Central Time the following business day unless marked as an "urgent" request. Urgent requests will be responded to within two (2) hours. On-site support for Customer facilities will be provided within four (4) hours of notification of issue or the next business day for calls received after 3.00 PM. 5.5 DESCRIPTION OF EQUIPMENT 5.5.1 PBX Equipment Acxential will.provide a fully configured Iwatsu Enterprise Communications Server (ECS) version 3.0 (or higher) hybrid PBX to support Kennedale's requirements. This PBX will support up to 1024 devices and trunks per location. This proposal includes 62 IP handsets, eight (8) analog station ports (for City Hail fax), seven (7) SIP SLT station ports (for Police, Fire, and Library fax plus 911 system integration) and one (1) PRI card. The full PBX configuration is specified on page 7. Iwatsu is a major manufacturer of telephony equipment within the United States and 50 countries around the globe. With millions of handsets in use, Iwatsu has established a long-standing reputation for legendary reliability and flexible applications that adapt to and grow with our customers. Iwatsu has an impressive industry-leading Mean-Time- Between-Failure (MTBF) and 0,0007% out of box failure rate. Iwatsu is one of the very few telephony vendors who manufacture their own equipment, resulting in exceptional quality. Acxential is a major Telephony and Information Technology vendor in the Dallas — Fort Worth Metroplex, and one of very few vendors that can successfully support both Voice and Data requirements without the need for subcontractors. Our experience includes implementation of large telephony systems including complex Call Center Automated Call Distribution (ACD) applications, multi-site integration applications, and multi- country implementations. As Kennedale's IT services provider, we can leverage our understanding of Kennedale's unique requirements and our systems implementation experience to ensure success when integrating with emergency 911 services and providing voice over the Fire Department's wireless building-to-building network. PROPRIETARY DATA NOTICE Data contained herein includes information and pricing proprietary to Acxential Business Solutions,Inc, This data is Intended for Customer's internal use only. Customer may not copy,convey or disseminate this data,in whole or in part,to any person or entity without written permission from an officer of Acxential Business Solutions,Inc. Page 10 of 20 wT Ak. b.us)nes.s scli:.ttions Inc. 5.5.2 PSTN Connectivity The system will include PRI connectivity with 23 active channels (trunks). Charter Communications will provide the internet connectivity that will allow the phone system to support IP Stations at any other integrated location. 5,5,3 Trunk Capacity The system will provide 23 active trunks(expandable)which are dynamically available to ALL users. These trunks are toll-quality voice lines with guaranteed capability to support Kennedale fax devices. All stations will include Caller ID with Name. Trunk QoS and COS will be provided within the Logix network using standard Primary Rate Interface (PRI) protocols. 5.5.4 Direct Inward Dial (DID) Numbers The ECS can provide unique routing functionality for 250 phone numbers (expandable). These include BOTH voice and data numbers. Each number can be given an independent termination point — a specific device or devices (phone or fax), auto attendant or a cascading route sequence. 5.5.5 Fax Support Acxential will directly connect all City Hall faxes to the analog ports on the ECS using existing premise wiring. Remote fax stations (Police, Fire, and Library) will be connected via Session Initiated Protocol (SIP) gateways, leveraging the existing Point-to-Point (PTP) Wireless network. Operability is guaranteed. 5,5.6 Number Portability All current Kennedale phone numbers may be ported and used by the ECS system. 5.5.7 Handsets All Iwatsu handsets proposed are new, full-duplex speaker phone, 1P display phones. Incoming calls will display Caller ID Name and Number (if provided by the originating provider). IP phones include a Layer 2 Switch with a second data port for pass through data traffic to a PC, and support Power-Over-Ethernet to eliminate the need for an additional power outlet at the user station. Each button can be independently programmed to display specific lines, call coverage/direct station selection, or a flexible feature. All handsets have a separate RJ-11 jack for use with industry standard headsets. The IP handsets are designed to minimize network bandwidth. When establishing a call between internal handsets, a "Peer-to-Peer" connection is made between the handsets for the duration of the call. The PBX simply coordinates the session initialization. IP handsets support industry standard G.711u (PCM) and G.729 protocols. G.711 is the default, providing toll-quality voice using approximately 80Kbps. G.729 provides "cell phone" quality compressed voice using approximately 40kbps and is used primarily for remote extensions with no Qos/CoS support. PROPRIETARY DATA NOTICE Data contained herein includes Information and pricing proprietary to Acxential Business Solutions, Inc. This data is intended For Customer's Internal use only. Customer may not copy,convey or disseminate this data,in whose or in part,to any person or entity without written permission from an officer of Acxential Business Solutions,Inc. Page 11 of 20 TLA1, business solutions inc. 5.5.8 Quality of Service VoIP stations will be segregated on a separate Virtual Local Area Network (VLAN) supporting QoS/CoS with default TOS 184 to provide voice priority. 5.5.9 Warranty All hardware is warranted for 5 years against defect. In addition, the main communications control unit (CCU) has an industry leading 40 years Mean-Time- Between-Failure (MTBF). 5.5.10 Product Features 5.5.10.1 Voice Mail The proposed system includes an 8-port voice mail system, expandable to 32 ports. This incorporates full Unified Messaging capabilities for 25 users and 100 total mailboxes. Individuals may direct calls based on time of day, caller, or adhoc to their local extension, remote extension, cell phone or other numbers. Users may setup multiple location definitions (such as "in office," "in meeting," "at lunch," "traveling," etc.) and have separate greetings for each location. Voice messages may be sent to email, and Unified Messaging users can have their email read to them via Text-To-Speech. Unified Messaging users may manage their calls via their PC, with a screen pop alert when calls come in and can dynamically route a call to another extension or remote phone number if desired. 55.10.2 Music on Hold This proposal includes an MP3 player with 16MB storage (expandable to 1 GB) and 57 minutes of licensed music. The system can loop play WMA and MP3 format music / messages and overlay timed voice messages (such as "thank you for holding,all calls are processed in the order in which they are received.")to play periodically over the music. Music On Hold plays anytime a caller is placed on hold, parked or transferred. The proposed Music On Hold player includes several music options, all of which are licensed for Kennedale's use. Kennedale is responsible for proper licensing of any additional music and/or voice talents added to this system. 5.5.10.3 Conference Calling Any station may initiate a three-way conference call with any combination of internal and external callers (three internal extensions, two internal extensions and one outside call, or one extension with two outside calls). The system has an available conference bridge expansion (increments of 8 participants) and can grow to provide up to 40 conference call attendees. This conference bridge is an open "meet-me" conference that any station can join at any time. A Conference Bridge is not included in this proposal, but can be added separately. 5.5.10.4 Call Distribution and Call Center Functions (including Call Queues) The proposed system incorporates a license to activate Automated Call Distribution, allowing up to 250 Call Queues, 1024 agents, and 30 supervisors. Each call queue can PROPRIETARY DATA NOTICE Data contained herein Includes Information and pricing proprietary to Acxentlal Business Solutions, Inc. This data Is Intended for Customer's Internal use only. Customer may not copy,convey or disseminate this data,in whole or in part,to any person or entity without written permission from an officer of Acxential Business Solutions,Inc. Page 12 of 20 . . r iion have an Independent call sequence which is configurable for day and night mode. Call agents can request help from supervisors via a "Help" button. Supervisors may anonymously monitor agent calls, "whisper" to agents (supervisor can hear conversation, but only agent can hear supervisor) or "barge-in" where supervisor enters an active tali. A web-based reporting package shows the activities and status of each agent / each queue, and provides historical tracking of call progress — from initial ring, call sequence, hold times, number of rings to answer,time in queue, etc. 5.5.10.5 Do Not Disturb All handsets are equipped with a clearly marked "DND/ Hold." When placed in Do Not Disturb, the button lights to alert the user that the phone is in DND mode, Each station can be programmed individually to handle DND as either "Alert" or "Quick Forward". "Alert" will notify other internal users that the phone is in DND mode, allowing the caller to override if they have appropriate permissions. "Quick Forward" automatically forwards callers directly to Voice Mail when the station is in DND mode. 5.5.10.6 Dial by Name Callers may reach a directory attendant where they may dial by name. Callers can dial by first or last name. Additionally, speech recognition can be added to the ECS to allow callers to simply say the name of the user or department (not included). 5.5.10.7 Intercom, Paging and Speakerphone Each phone has a full-duplex speakerphone and direct access for intercom calls to other extensions. Intercom calls may be set to open an immediate voice connection or ring the destination phone. The ECS is capable of supporting up to 125 station paging groups and 125 zone paging groups (which may include external paging devices such as speakers). 5.5.10.8 Recording Function Users may record conversations to their Voice Mail on-demand at any time by simply pressing the appropriate feature key, programmed on their phone, during a call. The system proposed can also be expanded to provide call voice recording to a remote recorder (not included). Call agents may dynamically select call recording with the press of a programmed feature button when the external call recorder is added to the system. External recording can also be set to automatically record all calls. Recording ports may be added as needed. 5.5.10.9 Attendant Console Any phone can be programmed to act as an attendant console. One or more 50-button Direct Station Selection (DSS) keypad(s) can be added to provide one-button access to individual stations and to monitor station activity / status. A web-based attendant console can be added to this system to allow the city to manage individual calls and the functions of its telephony system from a simple interface. PROPRIETARY DATA NOTICE Data contained herein includes information and pricing proprietary to Acxential Business Solutions, Inc. This data is intended for customer's Internal use only. customer may not copy,convey or disseminate this data,in whole or in part,to any person or entity without written permission from an officer of Acxential Business Solutions,Inc. Page 13 of 20 business Solutions inc. 5.5.10.10 Call Grouping The ECS may have up to 250 Call Hunt Groups which aggregate multiple stations into a single call unit (one hunt group is reserved for voice mail / auto attendant functions). Phones in a hunt group may ring sequentially or simultaneously and each hunt group may be independently set. Sequential processing may be set as "Terminal" (always starts with the same handset) or "Distributed" (each call starts at the next station in the call sequence to evenly distribute calls across stations), 5.5.10.11 Find/follow Features Leveraging the Voice Mail system, the ECS can dynamically direct calls based on current location, time of day, and/or caller ID, including mobile numbers, telecommuters, etc. Users can also set "Follow-Me"forwarding to pull calls to a temporary location, 5.5.10.12 Remote Office Features The ECS is capable of supporting satellite offices and integrate them as either distinct entities or as if they were part of the main office. The ECS also offers a PC "Softphone" (not included)which can be used from a User's PC to make and receive calls from any location with Internet access. Remote office functionality requires VPN access to the Kennedale network. 5.5.10.13 Scheduling features The ECS can be set with a standard day and night mode, with automatic change to night mode. Separately,the Auto Attendant feature of the voice mail may have multiple day, night, holiday modes and times may be set for each mailbox independently. 5.5.10.14 Call Detail Records This proposal includes Accu-Call call reporting which collects call details from every station and allows the city to generate detailed logs of calls on the system. These call logs can be output from anywhere and saved for processing and analysis. 5.5.10.15 Company and Group Directories The Voice Messaging system is licensed for one (1) company, However, within this Company, an unlimited number of call directories can be setup for departments and groups. Calls can be routed to specific call menus based on the phone number dialed by the caller, allowing each department to have a separate Auto Attendant greeting and call processing tree. 5.5.10.16 Multiple Call Trees The ECS can provide customization of directories and call trees for every department. The proposed system has an unlimited number of call trees which can be defined. 5.5.10.17 E911 The ECS is fully E911 compliant. Each station will be included in a 911 group specific to the building in which the station resides. This grouping will allow 911 calls to be easily identified by emergency personnel with the building from which the call is made. PROPRIETARY DATA NOTICE Data contained herein Includes information and pricing proprietary to Acxentlal Business solutions, Inc. This data is Intended for Customer's Internal use only. Customer may not copy,convey or disseminate this data,In whole or in part,to any person or entity without written permission from an officer of Acxential Business Solutions,Inc. Page 14 of 20 AC. X W NiT 4 A.Im business solutions Inc. 6. CONTRACT TERMS AND CONDITIONS I (hereinafter, "client") warrants they have the authority to execute this proposal on behalf of the entity named or referenced above. Client understands and agrees that if this order is cancelled, client will be liable for all incurred labor charges and a 25% restocking fee for all uninstalled equipment (55% for installed equipment). Client understands and acknowledges that until full payment has been remitted to Acxential Business Solutions, Inc. (hereinafter "Acxential") all equipment, installed or uninstalled, is property of Acxential. Client grants full access to job-site facilities and installed equipment until order acceptance and full payment has been received by Acxential. Payments more than 30 days overdue are subject to a 1.5% per month late fee. Client agrees to pay any and all shipping & handling charges related to delivery of products if products are not delivered by Acxentlal personnel. If full payment has not been received by Acxential within 90 days of installation, client agrees the installation has been constructively cancelled and may be subject to standard cancellation provisions and charges. Acxential reserves the right to maintain an internal database of all support communications. This database may include customer name, date and time of call, support description, troubleshooting processes performed and issue resolution. Access to this database is restricted to Acxential personnel. Client authorizes the use of their name and logo for use in reference and advertising materials, All parts replaced by Acxential will be discarded and removed from customer premises unless otherwise requested in writing, Client understands and agrees that solicitation of Acxential personnel is strictly prohibited and such solicitation may result in liquidated damages. In no event shall Acxential Business Solutions, Inc. be liable for any SPECIAL, INCIDENTAL, CONSEQUENTIAL, indirect OR SIMILAR damages, including any lost profits, lost data, or other incidental or consequential or punitive damages, whether based on contract, tort (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), or any other legal theory, whether or not advised of the possibility of such damages, or whether such damages are foreseeable. In any event, the total aggregate liability of Acxential Business Solutions, Inc. FOR DIRECT DAMAGES shall not exceed the purchase price of the product. This language gives specific rights, and Customer may have other rights subject to jurisdiction. To the extent any part of this document is inconsistent with such local law, that part shall be deemed modified to be consistent with such law. Additionally, the Terms & Conditions expressed in this document are provided as notice to Customer of Acxential policy and cannot be altered, edited or changed. PROPRIETARY DATA NOTICE Data contained herein Includes Information and pricing proprietary to Acxentlal Business Solutions, Inc. This data is Intended For Customer's internal use only. Customer may not copy,convey or disseminate this data,in whole or in part,to any person or entity without written permission from an officer of Acxential Business Solutions,Inc. Page 15 of 20 4. X 6 IN TI A4. buslneSS Solutions inc. MOVES,ADDS,AND CHANGES TO YOUR ORDER Our proposal includes pricing assumptions and estimates based on representations and information on current client site infrastructure provided to Acxential from the "client" for the purposes of generating this document. Final total due may be higher due to upgrades, additional services or hardware requested by you or conditions otherwise outside the control of our technicians. In the course of Installing your order, moves, adds, changes or additional equipment may be requested by you or required for a successful installation. You may pre-authorize additional charges that result from moves, adds or changes to your order. Charges that are not pre-authorized in writing will require additional work orders. In this case, additional charges must be approved by a Point of Contact in writing before any moves, adds or changes are authorized. Acxential may temporarily halt installation until written authorization has been provided, though Acxential is not responsible for any loss or damages incurred due to your failure or refusal to provide authorization in a timely manner. Acxential is authorized to spend; ❑ 5%of the Gross Quotation Amount ❑ 10%of the Gross Quotation Amount ❑ I will pre-authorize the following dollar figure amount I will not preauthorize any additional charges. Signature Printed-Name and Date All additional charges (if any) will be presented to you in line item format on the POST INSTALLATION INVOICE after completion of your installation. ACCEPTANCE OF THIS PROPOSAL If you would like to accept our proposal for your communication products & services, please sign the acceptance below and fax a signed copy back to us. You have read and accepted of our terms & conditions stated above, and hereby accept this proposal as stated;. Signature Printed Name and Date PROPRIETARY DATA NOTICE Data contained herein includes information and pricing proprietary to Acxentlai Business Solutions,Inc. This data is intended for Customer's internal use only. Customer may not copy,convey or disseminate this data,in whole or In part,to any person or entity without written permission from an officer of Acxential Business solutions,Inc. Page 16 of 20 l�u.sin�ss svl�.ttto+�� ins. NOTES POINT OF CONTACT FOR YOUR INSTALLATION Please let us know who in your company will be responsible for providing information to and coordinating with our install team. Name Position Telephone No. Email Address Primary Secondary Thank you again for the opportunity to serve you. We certainly appreciate your business. Your Acxential Business Solutions, Inc. Team! PROPRIETARY DATA NOTICE Data contained herein includes information and pricing proprietary to Acxentlal Business Solutions,Inc. This data is Intended for Customer's internal use only. customer may not copy,convey or disseminate this data,In whole or in part,to any person or entity without written permission from an officer of Acxential Business Solutions,Inc. Page 17 of 2U CITY or TELEPHO P RESULTS In November of 2007, the City of Kennedale issued public notices requesting proposals to be submitted for a new telephone operating system. And we are very appreciative of the responses received from the four companies who have submitted proposals. Therefore, in an effort to determine which company's proposal best suits the City's needs efficiently and effectively without losing any quality of its product at the most reasonable cost, City staff have reviewed and evaluated the following proposals. 1. Acxential,Inc 2. America Intellicom 3. Lantana Communications 4. AIT Technologies PROPOSAL CONTENT: We asked all proposers to include a cover letter, company overview information, financial status reports, scope and purpose of the project to be implemented, itemized listing of hardware/equipment and the cost of each item, contract/agreement with terms listed, references, Completed CIQ form, proof of insurance, and ANY OTHER INFORMATION deemed necessary for this contract/agreement. All proposers provided some aspects of company data and information. Whereas AIT Technologies provided an abundance of documentation/brochures on their company and the equipment used, America Intellicom provided the least amount of information, specifically a reference to their website in addition to its mission statement. From what has been stated in the proposals, AIT, Lantana Communications, and Acxential appear to be sound financially. Both AIT and Lanatana have shown operating net income for the current year, while Acxential stated it is financially solvent and has grown more than 50% over the last twelve months. America Intellicom did not provide any data regarding its financial status. Acxential and Lantana were the only proposers that submitted a clearly defined scope and purpose of the project implementation. Both stated the use of specific equipment to operate the system. However, Acxential was more thorough in its approach to connect the City's information technology architecture, its approach to implement voice messaging, its approach to managing voice and data segregation as well as management of the entire project. PRICING: America Intellicom was the lowest bidder at $70,294.26. However, it understated its cost, due to the "Caveats and Exclusions" page that was included in its proposal. America had concerns and questions that limited its ability to include pricing for routers, switches, gateways, and cabling in its total cost. It also omitted providing certain services such as 24/7 management and monitoring of the phone system due to the exclusion of information. Page I of 3 CITY OF TELEPHO P RESULTS AIT Technologies was the higher icider 214 30,275. Although they provided an itemized list of equipment/hardware, they did not provide the cost of each,just a total for the entire project. Both Lantana ($87,168.61) and Acxential ($94,399.39) provided itemized lists of - equipment/hardware and the cost of each. Their pricing is differentiated by $7,230.78, with Acxential being higher. However, Acxential included in its pricing the cost of an additional router, IP license, transceiver module, and handsets among other incidental costs for the Chamber of Commerce facility. Lantana did not include the cost of proving new telephone service for the Chamber facility, but based on its proposed cost for the Senior Center, the Public Library, and the Public Works facilities, we would assume Lantana would assess an additional $5,737.78 for the Chamber facility. Although we did not require the proposers to include pricing for installing fiber at the new Public Library, Acxential included it ($808) in its pricing. EQUIPMENT TYPES: America Intellicom proposed the installation of a Nortel phone system with Nortel phones. AIT Technologies proposed the use of an NEC system and phones with Univerge routers. Lantana Communications has proposed the use of an Avaya system and phones with Juniper routers. Acxential has proposed the use of an lwatsu system and phones with Cisco routers. MAINTENANCE AND WARRANTY: AIT Technologies provided a 5-year warranty on all of its hardware and a 1-year warranty on all associated labor. They proposed an annual amount $15,633 for ongoing maintenance and monitoring. In contrast, America Intellicom proposed a 1-year warranty on its hardware, and NO ongoing maintenance and monitoring due to the "Caveats and Exclusions". For the most part, Lantana Communications warrants its products/hardware/equipment for 1 year. Some software sold or licensed, as applicable under their agreement may be subject to a ninety (90) day warranty. Per Lantana's agreement, labor cost is not covered under the warranty unless a maintenance contract is in effect. Also, per the proposal, Lantana did not offer 24/7 maintenance and monitoring service for the installed phone system. Acxential offered 5-year warranty against all defects of its hardware. Additionally, it includes an extended warranty on all Cisco and Iwatsu equipment per the maintenance and monitoring service agreement. This 24/7 maintenance program is proposed at $603 per month, thus totaling$7,236 annually. EVALUATION RESULTS: The City's evaluation committee thoroughly reviewed the data presented by all four proposers. We feel that all four companies present some qualifications that would Page 2 of 3 OtTY OF TELEPHO P RESULTS address the needs of installing a �/,� tely different telephone operating r' system. Several key factors that played a role, but were not dominant over other factors, include the type of equipment used and the quantity, because it would determine a need for additional maintenance. Another factor includes pricing and overall cost. Additionally, efficiency and effectiveness played major roles as well. Lastly, security of the product over the life of its use is an essential characteristic in determining the company that best suits our needs. Overall, Acxential and Lantana Communication fared favorably over the other two companies in terms of providing a clear scope and purpose for project implementation as well as providing adequate pricing, and 24/7 monitoring of the equipment. America Intellicom was the most discouraging mainly due to its lack of pricing availability, its lack of contractual agreement information, and its overall lack of information displayed in its proposal. AIT Technologies, provided a descent and sound approach to installing a new phone system, but the overall cost outweighed the benefit the City would receive. In comparing both Lantana Communications and Acxential's proposals, Acxential's scope appeared to be thorough and concise and thus allows for a smoother transition from our current phone system to the new. Additionally, Acxential's 2417 maintenance and monitoring service not only covers the labor and repair cost of the hardware, but it extends a warranty for the Cisco and Iwatsu equipment. We couldn't find anything in Lantana's proposal that addressed 2417 maintenance and monitoring of the equipment. In comparing the equipment, it appeared that Lantana's proposal offered more equipment at each facility than what would be necessary to operate a networked phone system with voice/data IP capabilities. Acxential's proposal appears to be more efficient and effective to suit the needs of the City. RECOMMENDATION Therefore, we recommend the contract to install, train, manage and monitor the City's new telephone operating system be awarded to Acxential,Inc. Clifford Blackwell, CGFO , Committee Representative Bob Hart, Committee Representative Mike Plumlee, Committee Representative Page 3 of 3 Consent Agenda Item c Staff Report To the Honorable Mayor and City Council Date: November 21, 2007 Agenda Item No: vii-c Subject: Contract renewal with Tarrant County for Fire and Emergency Medical Services Originated by: Scott Raven, Fire Chief Summary: This is a renewal of our annual contract to provide Fire and Emergency Medical Services for a designated area a Tarrant County within our ETJ. The boundries remain unchanged from last years contract. The boundries are include Eden Road South to Dick Price to Business 287 and includes Hudson Cemetery, Cagle Crow, Townsend, Foxey, and part of Gertie Barrett. The new contract amount increased $2,500.00 from last year to a total of $27,500.00 paid out quarterly. In addition to this contract base amount, we will be compensated for all EMS calls into the county based on a points system. Recommendation: Staff recommends approval. Disposition by Council: ra �1ey� 3 X o6aa.o.3a . TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO.ONE 2750 PRENHER STREET FORT WORTH,TEXAS 76111-3011 (817)838-0660 (817)831-2007 FAX October 1, 2007 RE: FY 2007-2008 CONTRACTS Please find enclosed two (2) copies of the Tarrant County Emergency Services District's Contract for fire and/or ambulance service with your fire department and/or City for the year, beginning October 1, 2007 through September 30, 2008. Please have both (2) copies signed by the appropriate individuals and /or officials and return both(2) copies to this office at the above address. After the Emergency Services District's President and Secretary-Treasurer sign both copies, a copy will be returned for your Department and /or City,s file. In order to secure these contracts please return their to our office as soon as possible. Please note that your contract(if qualified) may have an exhibit(s) attached. Each exhibit is self-explanatory. Be sure to keep your Exhibit(s) and return both (2) contracts. Please feel free to contact Randy Renois at the Fire Marshal's Office if you should have any questions. Sincerely, Rick Holman Emergency Services District President RH: rcr Enclosures: 2 Contracts (if qualified, with Exhibit/s) THE STATE OF TEXAS § City of Kennedale, Texas § Fire Service § Emergency Medical Services § COUNTY OF TARRANT § The TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE, acting by and through its Board of Emergency Commissioners, hereafter referred to as DISTRICT, and the CITY OF KENNEDALE, TEXAS, hereafter referred to as CITY, enter into the following Agreement: Section 1: Authority and Services CITY has a volunteer fire department recognized by the Insurance Commission of the State of Texas or a full-time professional fire department, and is, by an order or resolution of its governing body, authorized to enter into this Agreement with DISTRICT for the use of the personnel and equipment of CITY for the purpose of providing fire protection to real and personal property and emeMency medical services (EMS) located outside the boundaries of CITY and within such distance as the CITY may be reasonably expected to render service in case of emergency service needs. Said service area(s) is highlighted on the attached Exhibit "A." Section 2: Fire Services Provided CITY and DISTRICT hereby agree that for and in consideration of the monies to be paid by DISTRICT to CITY, the CITY will provide, through its fire department, fire protection services to the area described. These services include fire protection, fire rescue and first response for emergency medical services. In the event that the CITY resources are unavailable at the time of the request for services, the CITY will take reasonable efforts to make the resources available as soon as reasonably possible. Section 3: Fire Service Compensation DISTRICT agrees to pay to CITY the total sum of TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500.00) during this contract year by making equal quarterly payments during the months of January 2008, April 2008, July 2008 and October 2008 for fire protection services in the service area outlined in Exhibit "A." Section 4: EMS Compensation For EMS, if provided by CITY under this Agreement, the DISTRICT agrees to pay to CITY an amount based upon the CITY's proportionate per run share determined by dividing the sum of ONE MILLION DOLLARS ($1,000,000.00), the amount anticipated being available for such payments, by the total points per service run as established by the 1998-1999 Rules and Regulations adopted by DISTRICT, a copy of which is attached hereto and marked as Exhibit "B,"for all EMS runs made in the areas served by the DISTRICT and multiplying that quotient by the total number of points accrued by CITY for that quarter of the service year. DISTRICT will FY 2008—CITY OF KENNEDALE, TEXAS Page 9 make quarterly payments of the amount due the CITY during the months of February 2008, May 2008, August 2008 and November 2008. Section 5: EMS Reports CITY will deliver reports of EMS calls to the DISTRICT at its offices at 2750 Premier Street, Fort Worth, Texas, no later than the 15th day of the month following the month in which a service run was made by CITY in order to be eligible for payment and the CITY agrees that the determination by DISTRICT will be final regarding the allocation of service run points. Section 6: Equipment DISTRICT is under no obligation with respect to providing fire fighting equipment or ambulance vehicles or supplies, or any other expenses incidental to the carrying out of this Agreement, and will have no right, title or interest in and to vehicles and equipment belonging to or contracted for by CITY. Section 7: Term Regarding payment, this Agreement will be in full force and effect for and during the period beginning October 1, 2007 and ending September 30, 2008. Regarding response purposes, this Agreement will remain in force until the 2008-2009 DISTRICT budget is approved by the Commissioners and a new Agreement is executed retroactive to October 1, 2008. Section 8: Payment of Funds The DISTRICT will use its general fund to pay for the services supplied by the CITY pursuant to this Agreement. Payment pursuant to this Agreement will be in accord with the Rules and Regulations promulgated by the Commissioners and, if applicable, will be limited to those emergency ambulance service calls that are certified by the appropriate police department, fire department, or sheriff s department if eligible for payment under this Agreement. Said payments will be made as funds are available to DISTRICT. Section 9: Emergency Scene Control Whenever CITY responds to a call outside its normal jurisdictional limits, it will operate under the Fire Code in effect within the CITY limits of such cities or fire department primarily responsible for service to the area being served by CITY. Any fire investigators or other personnel who respond from DISTRICT to a fire or emergency scene which is under the control of CITY will be governed by the Fire Code of the CITY within whose limits the CITY normally operates. CITY personnel agree to fully cooperate with DISTRICT personnel. Section 10: Inspection of Equipment The DISTRICT or its agent has the right to inspect the equipment of the CITY that the CITY operates in its performance under this Agreement. The parties acknowledge that the nature of the CITY's equipment determines the consideration paid under this Agreement. In the event that the inspection reveals that the equipment is not in operating condition and in compliance with the FY 2008-CITY of KENNEDALET TEXAS Page 2 ISO requirements for a department of its size, the CITY will authorize a re-inspection by the DISTRICT within fifteen (15) days. In the event the equipment is not in operating condition or in compliance with the ISO requirements for a department of its size during the re-inspection, all payments by the DISTRICT to the CITY will cease until the problem is corrected as certified by the DISTRICT. Section 11: Monthly Reportina Required All monthly reports, fire or ambulance, shall be turned in to the Fire Marshal's office no later than fifteen (15) days after the end of the applicable month. The failure to timely file the monthly report shall excuse the DISTRICT from payment for that applicable month resulting in a reduction of one-third of the quarterly payment to the CITY for each applicable month. Section 12: Workers' Compensation Coverage The CITY shall maintain statutory workers' compensation coverage for its employees, officers and volunteers regarding the CITY's performance underthis contract. The CITY recognizesthat the DISTRICT has no responsibility to furnish this coverage and CITY waives any right to pursue the DISTRICT for liability regarding paymentsforthis coverage orfor liability regarding payments for claims filed against this coverage. Section 13: Line of Duty When an employee or volunteer of the responding CITY is performing duties under the terms of this Agreement, that person is considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3795; is considered to be in performance of duties within the provisions of Chapter 615 of the Texas Government Code, and Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury, death or loss which occurs while in the line of duty. This section does not increase the DISTRICT'S liability under this Agreement. Section 14: Mutual Aid The assisting party (CITY) shall be responsible for any civil liability or costs that may arise from the fire protection, fire rescue and first response for emergency medical services that the assisting party provides to the requesting party (DISTRICT) under this Agreement. The assignment of liability provided by this Agreement is intended to be different than liability otherwise assigned under Texas Government Code, Section 791.006(a)which provides that the governmental unit that would have been responsible for furnishing the services in the absence of the contract is responsible for any civil liability that arises from the furnishing of those services. It is expressly understood and agreed, however, that in the execution of this Agreement, neither the CITY nor the DISTRICT waives, nor shall be deemed to waive, any immunity or defenses that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. FY 2008—CITY OF KENNEDALE, TEXAS Page 3 Section 15: Implied Ri hts• Employees By entering into this Agreement the parties do not intend to create any obligations expressed or implied other than those specifically set forth herein and this Agreement will not create rights in parties not signatories hereto. The employees of the CITY are not employees or agents of the DISTRICT by virtue of this Agreement. The employees of the DISTRICT are not employees or agents of the CITY by virtue of this Agreement. Section 16: Conferring of Ri hts This Agreement does not confer any rights on third parties who are not signatories to this Agreement, therefore no person may bring suit against CITY or DISTRICT regarding the performance of this Agreement as a third party beneficiary of this Agreement. Section 17: Cancellation DISTRICT and CITY retain the right to cancel without cause this Agreement on thirty (30) days written notice to the non-canceling party. In the event of cancellation, DISTRICT will pay a prorated share of the monies due for the remainder of that quarter only if the CITY provides services as required in the Agreement during the period of time leading up to the termination date. However, in the event that CITY exercises this right of cancellation, CITY must repay to DISTRICT all money paid CITY by DISTRICT for personal property, if any, purchased by the CITY with funds from the DISTRICT. WITNESS the signatures of the respective parties hereto this the day of 12007. TARRANT COUNTY EMERGENCY CITY OF KENNEDALE, TEXAS SERVICES DISTRICT NO. 1 President Authorized Official ATTEST: ATTEST: Secretary/Treasurer Secretary FY 2008 -CITY of KENNEDALE, TEXAS Page 4 f H - ----- to ;U t �n m U m o 6) c S 1NEY HIETT 149 - Kennedale Rural Fire & EMS �G a c� D� m Ny � rA -�w FQXB R ate, cn �=Xc _GARDEN 5--DR-GARRISON. CAGtE CROW TON- -- ,A a om z a � m T L SON 0 C0 PRINTED 7119/2007 ' " EXHIBIT "B" TARRA.NT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE POINT SYSTEM 2005-2006 RULES AND REGULATIONS Runs as received by the dispatcher must be of an emergency nature in order to qualify for payment. Dispatcher(s) should be familiar with their territory. If a dispatcher receives a call for another district, the dispatcher should inform the caller of the proper department. Then make a reasonable attempt to notify the proper department before toning out, but has the responsibility of responding if unable to raise the proper district. Each run report should have street address and cross street, or distance and direction of closest cross street (if address is not available), and the MAPSCO map coordinate. Run reports MUST be received by the 15`h of the following month that the run is made. Any reports received by the office after the 15th WILL NOT BE PAID. We have been asked to verify calls —just to keep everyone honest so be forewarned —that spot checks of random reports will be performed. AMBULANCE TRANSPORT Ambulance Transport: Advance Life Support Transport 5 Points Basic Life Support Transport 3 Points All no rides I Point "AMBULANCE Mutual aids Calls (EXTRA) 1 Points Call over 4 miles from the Dept.'s Station (EXTRA) 2 Points Page 1 of 2 TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE EXHIBIT "A" POINT SYSTEM—(CONTINUED) (CAREFLITE transport qualifies for full points to responding departments). ALS transport is when one or more patients are transported by one ambulance and the ambulance is staffed by a Paramedic or an EMT SS and equipped with IV's, Drugs, & EKG Monitor. BLS transport is when patients are transported by ambulance that does not have a Paramedic or EMT SS or does not have ALS equipment. No points will be awarded to departments that contract for Ambulance Service, who transport. Ambulance TRANSFERS will not receive any points. ***There will be a penalty of lost points for any bogus or false reports being sent into the Fire Marshal's Office. The penalty will be at a loss of 25 points. NOTE: THIS IS TO CURTAIL ANY FALSE REPORTS SENT IN. THIS IS NOT TO PENALIZE A DEPARTMENT FOR ANY MISTAKES MADE. THE LOSS OF POINTS WILL BE DECIDED ON BY THE POINTS COMMITTEE AND PRESENTED TO THE BOARD FOR APPROVAL. REVISED EXHIBIT "A" — CHANGED TO EXIIIBIT `B": PRESENTED TO THE BOARD OF EMERGENCY SERVICES DISTRICT COMMISSIONERS AT THEIR SEPTEMBER 8TH, 1997, BOARD MEETING, WHEN IT WAS VOTED ON AND APPROVED. Page 2 of 2 Consent Agenda Item d OF Z ;p staff�Renort To the Honorable Mayor and City Council DATE: 1 2/13/07 AGENDA ITEM NO: VIII-d SUBJECT: APPROVAL OF RESOLUTION NO, 243 SURPLUS PROPERTY ORIGINATED BY: Clifford Blackwell, Director of Finance SUMMARY: The City of Kennedale has various items of personal property that are of no use to the City. These items are placed out of commission due to age and/or wear and tear. Therefore, City staff would like to submit a list of items for the City Council to approve as being "surplus" property available to be disposed of by either auction or trash or on-line sales. In order for the list to be approved, the City Council will need to adopt a resolution that declares the following list of City property as "surplus and/or salvage", and providing authorization to properly dispose of that property. The listing of personal property will be disposed in compliance with Surplus Property Disposition Procedures, which are also attached. Recommendation: Staff recommends City Council approve Resolution No. 243 declaring certain property surplus and/or salvage and authorizing the sale of attached property. Disposition by Council: C:1Documents and Settingslcbrownlmydocurnents lsamplestaffreport RESOLUTION NO. 243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS DECLARING CERTAIN PROPERTY SURPLUS AND/OR SALVAGE; PROVIDING FOR THE AUTHORIZATION OF THE SALE OF SAID PROPERTY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, it has been determined that the City of Kennedale possession of items of surplus and/or salvage; and WHEREAS, the procedure for notification of the owners of surplus and/or salvage property, as outlined in the State Statute, has been met. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. That all matters stated in the above preamble are true and correct and are incorporated herein as if copied in their entirety. Section 2. That all items described in the attached Exhibit "A" are hereby declared surplus and/or salvage. Section 3. That the City Manager, or his designee, is authorized to conduct the sale of said property. Section 4. That this resolution shall take effect from and after the date of its passage. Section 5. That all proceeds from the sale of surplus and/or salvage properties will be placed in the Capital Replacement Fund, PASSED AND APPROVED by the City Council of the City of Kennedale, Texas on the 13th day of December, 2007. APPROVED: Mayor,Bryan Lankhorst ATTEST: Kathy Turner, City Secretary EXHIBIT A SURPLUS PROPERTY LISTING FOR 2007 GOOD, FAIR,or ITEM# I ITEMISERIAL# MAKE DESCRIPTION OF ITEM QTY j POOR? SELL? TRASH? SERVER ROOM IN CITY HALL I ID014421 SHARP CALCULATOR 1 POOR X 3 DUPLO DUPLO S-5130 CUTSHEET BURSTER 1 GOOD X 4 SAMSUNG SYNC MASTER 175V MONITOR 1 POOR X 5 UNKNOWN EXECUTIVE CHAIR 1 POOR X 6 GLOBAL DESK CHAIR W!NO BACK(AMBER) 1 POOR X 7 DELI. REPLACED KEYBOARDS 6 POOR X 8 POWER PC CPU SERVER 1 FAIR X 9 IBM MONITOR-NO 6331.47N 1 FAIR X 10 GYJ2N211 DELL. DIMENSION 8200 CPU-Cliffs old CPU 1 GOOD X UTILITY CLOSET I UNKNOWN WOODEN TRUNK STAND(BLACK) 1 GOOD X 2 #0017891082 GATEWAY CPU E-4200 WI KEYBOARD 1 FAIR X 3 #17054F182973 GATEWAY MONITOR EV700A(goes wl E-4200) 1 FAIR X 4 GATEWAY MONITOR FOR GATEWAY 386SXl25 2 FAIR X 5 COK#1232 GATEWAY CPU 386SX125 W!KEYBOARD 1 FAIR X 6 CAMBRIDGE COMPUTER SPEAKERS#r'SBS52 1 FAIR X 7 WILSON JONES DATA FRAME ROLLER CART 1 GOOD X 9 BA0950778 NORTHWEST NMI 75 MICROFICHE READER 1 POOR X t0 #2230403 REALIST MICROFILM READER broken screen 1 POOR X 11 #4OA203361 518 AOC PC MONITOR#7E1 r 1 FAIR X FINANCE AREA CLOSET 1 INTN8831A MOTOROLA RADIO XTS 1500 WI STAND/ADAPTOR 1 GOOD X PERMITS AREA -LARRY'S OFFICE 1 TAG-577785 DELL CPU, Monitor, Keyboard, Mouse 2 GOOD X 2 MY979121TG HP 832C DESKJET PRINTER WITH CABLES 1 FAIR X MUNICIPAL COURT AREA-CITY HALL 1 89994730311 ATIVA SHREDDER 1 POOR X 2 1060 IBM CPU 1 POOR X 3 00023-528-082-877 HP Pocket PC 1 Good X 4 00023-528-082-872 HP Pocket PC 1 Good X 5 00023-528 082-834 HP Pocket PC 1 Good X FIRE DEPARTMENT-100 CLOVER LANE 1 M154118113571 Gateway Monitor 1 Poor X 2 Collins The Collins Brush Tool 1 Fair X 3 EDGER Edger Attachment 1 Poor X 4 'Toro Mower 1 Poor X 5 Brigs Mower 1 Poor X 6 Homelile Weedeater 1 Poor X 7 Flexco Wall Base 50' 4 Good X 8 UNKNOWN Joint Compound 2 Good X 9 UNKNOWN IToilet Paper Holder 1 Fair X EXHIBIT A SURPLUS PROPERTY LISTING FOR 2007 10 UNKNOWN Christmas Lights 1 Poor X 11 CA39703CCN UNKNOWN Roll Away Bed 1 Good X '12 EMSAR Ambulance Stretcher and mounting parts 1 Fair X 13 FORD Vehicle Console Ford 1 Good X 14 85 T50071 Samsung Printer ML-1210 1 Poor X 15 A3722-W Avalon Sink 37"x 22" 1 Good X POLICE BUILDING -401 MUNICIPAL DRIVE 1 01`7160-71971-58F Dell laser printer blk and white 1 poor X 2 th53i152gz hp printer ink jet 1 good X 3 th53317046 HP printer ink jet 1 GOOD X 4 1XPV331 DELL cpu 1 GOOD X 5 7PTA74001 91 10 AGASYS monitor 1 fair X 6 UNKNOWN Chair green 1 poor X 7 UNKNOWN Office Chair blk 1 poor X 8 sh1418po guard shredder 1 poor X 9 th04978181 b hp printer ink jet 648c 1 poor X 10 514 ul ether router 1 poor X 11 47200098 toshiba VCR 1 poor X 12 tag 1143 dell cpu 1 poor X 13 tag 1179 aces monitor 1 poor K 14 dell key board 1 good X 15 cw34216395 dell key board very old 1 good X 16 mx1406d125 hp printer ink jet 1 fair X 17 UNKNOWN tan chair 1 poor X 18 UNKNOWN 6foot table legs broken 1 poor X 19 UNKNOWN book shelf 1 poor X 20 UNKNOWN wood box about 3x3 size 1 poor X 21 UNKNOWN desk located in visitor room 1 fair X Consent Agenda Item e . ........... ............ Staa ff Report To the Honorable Mayor and City Council Date: December 13, 1007 Agenda Item No: VII-e Subject: Replacement Police Cars Originated by: Chief Tommy Williams Summary: The budget for fiscal year 2007-08 includes the purchase of three replacement police vehicles. These vehicles are slated to be placed in patrol while three units are rotated out and sent to auction or other departments. They are being purchased through the Tarrant County Cooperative Purchasing Program, which has not had a price increase on vehicles in over five years. The purchase price of these vehicles includes a new mobile video system. All other equipment will be transferred from old units to the new. The total cost of the vehicles is $71,364.75. The purchase has been reviewed by the Finance Director and is within budget. Recommendation: Staff recommends�the p chase. Disposition by Council: —Jo i e Philpott Motor company Fleet Department 1400 US Highway 69 Nederlund,7X 77627 Governme nt Sales PAX DATE: TO.- µ° � faf. iL 7 'W Id tom-' phone: PROM: Emmette Cone phone: (817)4292557 toll-free phone: (800) 588-8991 fax. (817) 429-2559 e-mail: econe @sbcglobal,net # OF PGS: MESSAGE.— Thanks c — Emmette Cone TO IgWA zmnF) -:]I I CCr7r-7f,r TO C7'On inn? 170 ITT POLICE y' IIICi 1c" s AiixRANT COUNTY$'a ATA;WW9 CONTRACT 12008 Ead riser; City ofKFnnr-dOr pli�317476154ib �`'i�iiuu�:i`-w MMIM'F'I1.2'C0114L Contact, CWtu4n Huii riw.817 479 6433 Dfirc: '.-Nov-07 i',Odud iscic'.i€iii0 e: I ..I i.4A:It"imaptar A. Did&riwi: A.Slim Price;[ 119,66500 Publifhedl v`bons liternins°,each belowi Crt*1. options Riff IPrire rode Opfihras Bid Price 1008 P401]0f YEAR/P 11 720A pk8 cleat.front bawku 8evm'v::tVI r3ar - 1-10 rubber fiaor coveria w 1 charLoai IN power windows, locks:mirrors � � 425 50 0-state emissions systun? � -- Lz%ti iocl:l;ralcing syst�;tn 1 4.6L.V8 flexible fu O.SEPI 295 NOTE,We fire bidding is s;Wwk 2008 1 _e tir,�pre,sur_o rn+omm.ring sysEr-rn Polio lawreeyrors thin nre r...a new for 200f" - iA available for imnx ediuta Morel'c, 51A 04vor W.;sootli&iii SK 1516.1U � but are subitc),to prior sAeQ w ry amsTkGR#A*=� 45c litr wd slip rear axle 3'2`I ratio S 11 i'00 96B front dear body side mouldings,not 5 27.00 Factory order units delivery thile instaliud placed in trunk is ttppx 124-1511 days ARO white exterior Wt Total of kl.Published Options: S 294.00 C. Unpublished Options[itemize each below,not to exceed 25%1 19.1 % Options Bid Price Options Bid Price Go Rhino gout push bum er 5 325.00 Mobil Vision VHS video tamer's $ 3,293.00 31/3 hours installation labor 9$57.50 hour $ 201,25 'IARRANT COUNTY JOINT COOPERATLVE/10INT VE'N l UR.E OF POLICE PACKAGE VEHICLES VCHICLES RFB NO,2007-190 DEL1VERY COS'T'S INCLUDED Total of C.Ylnpublished Options: S 3,Sy 4,Z5 15, Contract Price Adjustment; E. Delivery Charges: F. Total of A+B+C+.D+E=F — S 23,788.25 G. Quantity Orderud. 3 x F 71,364.75 H. 1. Non-Equip Charges&Credits Ira -ZMHa 'nine' 7, 1711,0.173 cr..r7r-7h,!rd x.7 '011 tnn7 /70 rrr Consent Agenda Itemf Staff Report To the Honorable Mayor and City Council Date: December 13, 2007 Agenda Item No: VII-f Subject: Cell Phone Proposal Originated by: Chief Tommy Williams Summary: The city has used Nextel cell phones for several years. During this time the cell phone service has not been as dependable as we have needed. There have been complaints across the board from staff members about dropped calls, unavailable service, and service interruptions. The city is getting government contract pricing from Nextel but is no longer actually under contract. All phones are priced under a state contract agreement. In an effort to correct the issue and improve service delivery, the city obtained a proposal from AT&T for cell phone service. AT&T also offers state government contract pricing with no contract term. It is paid month by month based on consumer satisfaction with the service. Some of the more attractive portions of the AT&T proposal are: • All of the phones are nationwide but can be used globally if the user chooses the global models. Several of the phones are free on the plan. • Several of the models are ruggedized Push-To-Talk(PTT)phones that are made to carry in the field. The cost on several of these is reasonable. • The plan being proposed is a business pool of 13,950 minutes(450 per phone). A breakdown by Finance of the past 13 months indicated that our average usage(including the unlimited phones)was just over 12,000 minutes per month. • The pool is for peak usage.Nights and weekends are free. All calls to any AT&T mobile phone are also free. This includes any phone that is a part of the AT&T network,whether it is a city phone or not. Many of our calls are internal employee-to-employee and would not count against the pool. • The city of Forest Hill is planning on moving to this plan as well. Since they are the primary assist responder to our major incident in public safety, all of our calls to them would not count against the pool. The cost for the phone service is $35.99 per phone per month. The PTT feature is a $10.00 per phone per month additional charge. Each department can decide how many and which phones they want with this feature. The total cost per month will be $1,115.69. We currently average approximately $1,288 per month with Nextel. Staff recommends the change. The state contract number is 1-QCFIQ. Recommendation: Staff recommends the change. Disposition by Council: October 25, 2007 Quote: 1000000373 KENNEDALE CITY HALL I Dear Thank you for your request for a quote from AT&T Mobility based on STATE OF TEXAS's agreement number 1-QCFIQ (the "Contract"). This letter constitutes AT&T Mobility's official "Quote", number 1000000373 based on your request. The Quote expires on the Expiration Date set forth in the chart. All prices are estimates. Prices for Equipment, Software and Licenses are displayed as one-time charges and do not include applicable taxes and fees. Prices for Wireless Plans are displayed as monthly service charges and do not include applicable taxes and fees, charges for overage minutes, features, and certain related charges. Accordingly, your actual invoice may reflect a higher total price. Also note that all Wireless Mans and features are subject to the terms and conditions of their respective brochures, and that all products and services referenced in the Quote are subject to the terms and conditions of the Contract. If the Quote is acceptable, please sign below and fax this letter, along with any formal purchase order and/or related funding documentation, to the undersigned at 866-908-9909. Submission of the signed Quote and, if applicable, a formal purchase order and/or related funding documentation will constitute your corresponding purchase order under the Contract. If you require AT&T Mobility to insert the Contract number, a purchase order number or any other number(up to 20 characters) on your invoices, please insert that number here: If you require changes to the Quote, please contact me at the number listed below and we will issue a new quote. AT&T Mobility prides itself on exceeding our customers' expectations by providing them with reliable, cost-effective wireless communications. Thank you for using AT&T Mobility. Sincerely, Stephen Turner 817-359-6428 ST7932@att.com By: Duly authorized to purchase under the Contract Print name: 02007,AT&T Knowledge Ventures. All Rights Reserved. AT&T and the AT&T logo are trademarks of AT&T Knowledge Ventures. at&t OFFICIAL QUOTE Contract # 1-0CF10 Quote Number: 1000000373 Date: 25-Oct-07 Name: Phone: Organization: KENNEDALE CITY HALL Fax: Address: Email: City, State, Zip: Expiration Date: 12/31/2007 �CLIN Part Description Price Qty Extended Number Price Business Pooled Nation & UN L M T M &_7 UNL NW $44.99 $35.99 31 [$-1 1 15.6 9 WIRELESS PLANS SUBTOTAL (Monthly): $1,115.69 Equipment, Software and Licenses Subtotal $0.00 Wireless Plans Subtotal (Per Month) $1,115.69 Estimate of Taxes, Fees, and Surcharges for Wireless Plans: In addition to the monthly cost of the wireless plan and any selected features,AT&T Mobility imposes the following charges:a Regulatory Cost Recovery Fee of up to$1.25 to help defray its cost incurred in complying with obligations and charges imposed by State and Federal telecom regulations,a gross receipts surcharge,and State and Federal Universal Service Charges. These fees are not taxes or government-required charges.Taxes and other fees also apply and may vary based on the place of primary use of the subscriber. $15.00 31 $465.00 Total Estimated Cost this Quote* $1,580-69 *All prices on this Quote are estimates. Actual cost may differ due to applicable taxes, fees, and surcharges. Total Estimated Cost this Quote includes one-time/year charges for Equipment, Software and Licenses, and one-month's charges for Wireless Plans. @2007,AT&T Knowledge Ventures. All Rights Reserved. AT&T and the AT&T logo are trademarks of AT&T Knowledge Ventures. aw AT&T Mobility Stephen Turner ST7932@att.com 817-359-6428 Voice 866-908-9909 Fax 02007,AT&T Knowledge Ventures. All Rights Reserved. AT&T and the AT&T logo are trademarks of AT&T Knowledge Ventures. a W J CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: DECEMBER 13, 2007 REGULAR ITEMS: ITEM NUMBER: VIII- , MOTION: COUNCIL MEMBERS MOTION SECOND E NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL J CAM G� ORDINANCE/RESOLUTION NO. 384 CARRIED FAILED f FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Staff Report To the Honorable Mayor and City Council Date: December 3, 2007 Agenda item No: VIII-g Subject: Case # PZ 07-06 -- Rezone -- Corner of Little School Road and US 287 - Wal-Mart Pad Site Originated by: Lisa Dawn Cabrera, Planning and Zoning Commission Secretary Summary: The applicant is requesting a zone change from R-1 (Single Family Residential) to C-1 (Restricted Commercial). The property consists of approximately 1.014 acres with about 0.7425 acres being the portion that was originally in Arlington, but per the Tnterlocal Agreement with the City of Arlington the boundary line was moved so this property was incorporated into the City of Kennedaie. Per Kennedale's Ordinances, any property that is annexed or incorporated into the City is done so with an R-1 zoning. The Planning and Zoning Commission voted unanimously to approve the zone change for the 0.7425 acres portion of Lot 2, Block 1 of the Southwest Crossing Addition that was annexed into the City per the Tnterlocal Agreement with the City of Arlington at the November 15, 2007 meeting. Recommendation: Staff recommends that the zone change request be granted based on the surrounding C-1 zoning classifications. Disposition by Council: CITY OF KENNEDALE ORDINANCE NO. 384 s AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE,BEING APPROXIMATELY 1.018 ACRES ENCOMPASSING A PORTION OF LOT 2, BLOCK 1, SOUTHWEST CROSSING ADDITION, TARRANT COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adapted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS,a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on November 15, 2007 and by the City Council of the City of Kennedale on the 13th day of December, 2007,with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS: SECTION L Ordinance No. 40, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: caeitysec\council\ord\zonccbg07-06(11-20-07) Page 1 of Approximately 1.0 18 acres, being comprised of a portion of Lot 2, Block 1, Southwest Crossing Addition, Tarrant County, Texas, and more particularly described on Exhibit"A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "R-1" Single Family Residential District to"C-1"Restricted Commercial District. SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the sheets,to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of Ordinance No, 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No, 40 or of any amendments thereto 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, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts, SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, cAcitysecicouneiIlordlzonechg07-06(1 I-20-07) Page 2 of 3 since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase,clause,sentence,paragraph or section. SECTION S. This ordinance shall be in full force and effect fi-om and after its passage and it is so ordained. PASSED AND APPROVED this,131h day of December,2007. Mayor,Bryan Lankhorst .ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson,City Attorney c:\citysec\council\ord\zonechg07-06(1I-20-07) Page 3 of 3 i METES AND BOUNDS Being a 1.018 acre tract of land situated In the Lawrence Ramey Survey, Abstract Number 1336, and the M.P. Lamar Survey, Abstract Number 987, Torrant County, Texas, in the Cities of Arlington and Kennedole, and being a portion of a 19.384 acre tract of land as described in the deed to Wal—Mart Stores Texas, LP, as filed in Volume 16278, Page 109, Deed Records of j Tarrant County, Texas, said 1.018 acre tract being more particularly described 1 as follows: BEGINNING at a 5/8 inch Iron rod with a yellow plastic cap stamped "Dunaway Assoc, Inc." found for the paint of intersection of the southerly t right—of--way line of Interstate Highway 20 (a variable width right—of—way) with the curving westerly right—of—way line of Little School Road (a variable width right—of—way) In a non—tangent curve to the left, the radius point of said curve being situated South 59'28'29" East a distance of 1174.92 from said point; THENCE with the westerly right--of—way line of Little School Road Southwesterly at an arc distance of 33.25 feet passing a TxDOT Monument found for corner in all through a central angle of 05'54'58" an arc distance of 121.32 feet with a chord bearing of South 27'34'02"West and a chord distance of 121,26 feet to a point for corner; THENCE departing the westerly right—of—way line of Little School Road South 1 68'33'03" West a distance of 21.47 feet to a point for corner; THENCE North 67'08'31" West a distance of 174.64 feet to a point for corner; "HENCE North 27'01'35" West a distance of 22.94 feet to a point for corner; THENCE North 13'05'21" East a distance of 187.27 feet to a point in the southerly right—of—way line of interstate Highway 20 In a non—tangent curve to the right, the radius point of said curve being situated South 11'38'30" a West a distance of 924.93 feet from sold point; y ° THENCE with the southerly right—of—way line of Interstate Highway 20 the following: 0. Southeasterly along sold curve through a central angle of 09'10'21" an arc distance of 148,07 feet with a chord bearing of South a 7346'20" East and a chord distance of 147.92 feet to a TxDOT Monument found for corner; U ° South 28' 56' 00" East, a distance of 130.25 feet to the POINT OF BEGINNING; d CONTAINING a computed area of 1.018 acres (44,337 square feet) of land. IF ° 0 � r m m rn w F SG 0 v Page 2 of 2 ti BA - 99190 TO 7 o A 4v o Cy S F�T City Limit Line V . V Tt6l. l Pp Q A f Exhibit B-'I Et Existing Municipal Boundary + . IN E ' MEN wre 0 200 400 800 1,200 1,600 Fell S -EDE � O �O v ro-44 �V trI �- City Limit Line S. 64 �4 -TR- _ o" qS EEPOlNT�DR Q vs _ ki w 177.7!t 7, i ,c- - - r Exhibit Br2 Adjusted Municipal Boundary W E � ue 0 200 400 BOO 1,2010 1,800 Feet S - 'eEM tURA Wednesday, October 31, 2047 116. --Y— �=V 1 LEGAL NOTICE Notice of Pkiblic Hearing The Kennedale Plan- ning and Zoning Commission will hold Thursday,November 15, 24007 at 7:00 pm in the City Council hambers,located In t e City Hall at 405 Municippaal Drive, 760 0.aaFpr T The Kennedale City Council will conduct a second. public Hearin theso matters on T urs- day, 'pec mber. 13, 2007 at .00 PM In the City Council Chambers. Any In- tere ted person will he a[owed to appear and 5 ealc at the Tubllc hearings. The annins and Zoning Commission is a recommending body .only.o cil IThe thorized to approve or deny the request. A copy Of the request on Is available at City Hall or my other irrfor- matlon may be aC- gqWred by c811ing (817)48.34297. . 1) Case#PZ 40746 to receive citizen•P comments regarding a request far a zone change of 0.7425 acres with the legal description being Ldt 2, $IO[I( 1 of the SpUthWast-Crossing Addition In the Cities of Kennedale and Arlington, . Texas, Tarrant County. please note that the Lot 2, Block i 4s solely In the City of Kennedale, but the subdivision of Southwest Crossing Addition Is located in both the Cities of Arlington and Kennedale. The property is located at the corner of Little School Road and US 287.This'subdivision Is the site for the Wall-Mart that will be located in Kennedale ar�d Ar. lington, but tot 2 is one of the pad sites. The zoning at the present time Is r'R- R [single Family Resi ent aq and Fs ropo'ed to rezone o 'C-1' (Restrlcted Commercial) as re. ciuestud by Chris Biggers on by of Dunaway ASsoci- atas, LF'. PETITION FOR CHANGE OF ZONING CLASSIFICATION ZONING CASE # - DATE: City Council City of Kennedale Kennedale, Texas 76060 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: You are hereby respectfully requested to approve the fallowing request for a change of zoning classification. To change the zoning classification of the property described on Exhibit "A" attached, from it's current zoning classification of "RR=1" (Single Family Residential) to that of "C-1" (Restricted Commercial) in it's entirety as shown on Exhibit "B" attached. The property totals some 0.7425 acres. Legal Description is Lot 2 Block 1 Southwest Crossing Addition Present use of the property is Vacant Address of the property is Unknown Property Owner's Name: Wal-Mart Stores Texas L.P. Address: 2001 S.E. 10"' Street Bentonville AR 72716 Telephone Number: 479-273-4400 Applicant's Name: Chris Biggers 1 Dunaway Associates L.P. Address: 1501 Merrimac Circle Suite 100 Fort Worth Texas 76116 Telephone Number: 817-335-1121 THIS IS TO CERTIFY THAT Wal-Mart Stores Texas, L.P. IS THE SOLE OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B", ON THE DATE OF THIS APPLICATION. d' i - r� Owner:5igrmure Owner Signature ZONING EXHIBIT a portion of Lot 2, Block 1 SOUTHWEST CROSSING aU WidM am W txe CIU(aQ aF ArHnean ead Kennedele Vega®, olt,unatrad in the II avnouce Ramey Su vey, Atb2toac4. No. 1894, omd the Z.F. L€I nor Survey, Abst-aact No. 957 August 08, 2007 METES AND BOUNDS DESCRIPTION BEING a 0.742 acre tract of land situated in the Lawrence Ramey Survey, Abstract Number 1336, and the M.P. Lamar Survey, Abstract Number 967, Tarrant County, Texas, and being a portion of Lot 2, Siock 1, Southwest Crossing Addition to the Cities of Arlington and Kennedale, according to plat recorded in Cabinet A, Slide 11968 , Plat Records of Tarrant County, Texas, and being more particularly described as fotlows: BEGINNING at the point of Intersection of the southerly right—of—way line of Interstate Highway 20 (a variable width right—of—way) with the curving westerly right—of—way line of Little School Road (a variable width right—of—way), and being at the beginning of a curve to the left having a radius of 1174.92 feet; THENCE in a southwesterly direction with the westerly right—of—way line of Llttie School Road and along said curve to the left through a central angle of 1'37'17" an arc distance of 33.25 feet with a chord bearing of South 2942'52" West a distance of 33.25 feet to a point for corner; THENCE departing the westerly right—of—way line of Little School Road South 89'53'52° West a distance of 229.84 feet to a point for comer in a southeasterly Tina of Lot 1 of said Southwest Crossing Addition; THENCE with said southeasterly line of Lot 1 North 67'08'31" West a distance of 2.48 feet to a point for corner; THENCE with an easterly line of Lot 1 North 13'05'21" East a distance of 187.27 feat to a point for corner In the southerly right--of—way line of Interstate Highway 20 in o non—tangent curve to the right, the radius paint of said curve being situated South 11'38'30" West a distance of 924.93 feet from said point; THENCE with the sold southerly right—of—way line the following: Southeasterly along said curve to the right through a central angle of 9'10'21° on arc distance of 148.07 feet with a chard bearing of South 73'48'20" East an arc dletonce of 147.92 feet to a point for corner; South 28'56'00° East a distance of 130.25 feet to the POINT OF BEGINNING. CONTAINING a computed area of 0.742 acres (32,343 square feet) of land. i , i 1 i I w[MMIIV Y I 1601 M5rftrM CbQ%•iUk 1W a rG1FY`hft 1X 76107 Re 817-W&1121•red 817,113&74" ZONING EXHIBIT a portion of Lot 2, Block 1 SOUTHWEST CROSSING 51 an addition to the Cities of Arlington and Kennedalc Taws, situated in the Lawrence Ramey Survey, Abstract No. 1336, and the FL.P. Lamar Survey, Abstract No. 987 Tarrant County, Texas August 08, 2007 VIL10Uff Mir INTERSTATE HIGHWAY 20 VARIABLE WIUZYI R.O.W, A=910'21" R=924.98' L=148.07 L.C.13=973°48`20"E o 30 60 L.0=147.92' SCALE IN FEET:' 4 q ryr` A PORTION OF e LOT 2 32,343 S4.FT. Z 0.7425 ACRES a EXISTING ZONING- 'R-1' POINT OF a PROPOSED ZONING- 'Cl' EGINNING �{ L-2.48' �yTti Y S89°53'62"W-229.84' o A-1336 6UR-V€Y L -. L=20.46' Remainder Lot 2 A-987 11,837 Sq.Ft. o =1 97'17 0.272 Acres R=1174.92' lot ZONED'C1-RESTRICTED' 9 L=33.25' LOT I v L.C.13.=S29°4252 L.0=33.25' It LOT 9 SOUTHWRST CROS ADDITION o� BLOCK 1 A8 6 ��TO THE CITIES OF A%IAMN ANA EENNSDALE, pF}.' CAAINST A,SLIDE 1(968, F.RAC.T. 110- ESTPUCT MM 2 } 1/ KVNPMT AWTIM PH^1 CARPET Q SJOE 2616 / PRT.GT. Fr A4DUNAWAY 1601 Maftm a1Cle-Earle 100•roa Vkft nc 76107 DA — 99190 Tat 01?-338.1121.Fcw$17-8354467 CITY OF KENNEDALE,TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: DECEMBER 13,2007 REGULAR ITEMS: ITEM NUMBER: VIiI-h MOTION: COUNCIL MEMBERS MOTION SECOND AVE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. 385 CARRIED FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Staff Report To the Honorable Mayor and City Council Date: December 3, 2007 Agenda Item No: VIII-h Subject: Amendment to Sign Ordinance Originated by: James Cowey, Building Official Summary: Please find below the information that was provided to the Planning and Zoning Commission as it relates to amendments to the sign ordinance for their meeting on Thursday November 15`", 2007, Also, please find attached proposed ordinance to amend Chapter 17 Planning and Land Development, Art. VII. Signs. The intent of these changes is to: • Allow electronic reader board\message board signage to be a component of a detached sign to allow for more variety of advertisement for a business.. • Increase the allowed size of a monument sign to allow room for more advertisement and\or electronic reader board\message board signage. • Allow detached signs to be closer to the right of way\property line for better visibility to the public. • Allow Sandwich board signs to promote specials or special events for a business. These are the areas of the Sign Ordinance which some of Kennedale's business owners felt that if were changed would allow them to better promote their business. I will go into more detail of the proposed changes at the meeting. If you have any questions prior to the meeting please feel free to contact me. The Planning and Zoning Commission had some areas of the ordinance that they felt needed clarifications which are as follows with how City staff and Tom Scollon, Attorney addressed: (1) Definition of animated signs: On animated signs, we could add a definition but there is already a definition of"animation", I where they are addressed under 17-514. Prohibited Signs and the provision on animated signs seems to me to be about as clear as it is likely to get anyway. In other words, I do not see the need for a definition. In addition, I looked through several other ordinances and did not see any definitions of animated signs (though this was just a spot check of ordinances that were close at hand and there certainly may be other ordinances that have one). But if the City feels a definition is necessary, we could certainly create one. (2) Clarification of deletions and changes of Sec-508 Detached signs, (c) Generally: What we have in 17-508 is okay as far as how the amending ordinance reads. Generally, I think the ordinance itself should not show redlining of the changes being made. But if it would be helpful to have an additional redlined version created so that P&Z or Council could see the changes being made, we can do that. (3) Sec 17-508.5 Special Sign Types, B Sandwich board signs requiring sandwich board signs to be removed during non business hours The proposed ordinance was amended to address this. Recommendation: The Planning and Zoning Commission voted unanimously to approve the ordinance with the changes that were requested at the November 15, 2007 meeting. Staff recommends approval. Disposition by Council: ORDINANCE NO. 385 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING CHAPTER 17, ARTICLE VII, OF THE KENNEDALE CITY CODE (1991), AS AMENDED, TO MAKE CHANGES TO THE CITY'S SIGN REGULATIONS; ADDING DEFINITIONS OF ELECTRONIC MESSAGE BOARD AND SANDWICH SIGNS AND REGULATIONS GOVERNING THEM;AMENDING SETBACK REQUIREMENTS FOR DETACHED SIGNS; INCREASING THE PERMITTED SIZE OF MONUMENT SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Kennedale,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the City Council heretofore adopted comprehensive sign regulations codified in Chapter 17, Article VII of the Kennedale City Code; and WHEREAS, the City Council has determined that the public safety, efficient communication, and aesthetic purposes of the City's sign regulations would be promoted by the amendments contained in this ordinance; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission on the 151h day November, 2007, and by the City Council on the 20'h day of December, 2007, with respect to the amendments described herein. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Section 17-502 of the Kennedale City Code,"Definitions", is hereby amended by the addition of the following definitions: W;1Kenneda1el0RDINANCtSign Amendments.2007.wpd(12105107) Page 1 "Sec. 17-502. Definitions. Sign, Electronic reader board/Message Board means a sign composed of a matrix of individual bulbs or lights which are capable of displaying lights in a running or continuous fashion so as to provide transient pictures of information Sign, Sandwich board means a portable sign consisting of two panels of equal size,which are hinged at the top and placAn the ground or pavement so as to be self supporting." SECTION 2. Section 17-502 ofthe Kennedale City Cade,"Definitions", is hereby further amended by amending the definition of"portable sign," which shall read as follows: "Sec. 17-502, Definitions. Sign, portable means a sign that is easily moved from one (1) location to another, including a sign that is mounted on skids, trailers, wheels, legs or stakes, and that is not fixed permanently to the ground, and that is not an attached sign, political sign, real-estate sign, or sandwich board sign." SECTION 3. Section 17-508 of the Kennedale City Code, "Detached signs", subsection (c), "Generally", is hereby amended to read as follows: "Sec. 17-508. Detached signs. (c) Generally. (1) Off-premises detached signs are prohibited. (2) Billboard signs are prohibited. (3) Detached signs within the visibility triangle at any intersection are prohibited. A minimum setback of 5 feet is required All detached signs." WAKennedale\0RDINANC1SIgn Amendments.2007.wpd(92105/07) Page 2 SECTION 4. Section 17508 of the Kennedale City Code, "Detached signs", subsection (d), "Specific sign type regulations", subsection (4), "Monument sign specifications", is hereby amended to read as follows: "Sec. 17508. Detached signs. (d) Specific sign type regulations. (2) Monument sign specifications. Detached monument signs shall be allowed as set forth in this subsection: a. Must be built on a monument base with no separation between the base of the sign and natural grade; b. Must contain only the name, logo, address and product or service of the establishment; C. May be single- or double-faced; d. Shall Jexceed seven (7) feet in overall height above the natural or average grade; and e. The actual sign face shall not exceed fifty six (56) square feet in effective area per side." SECTION 5. Section 17-508.5 of the Kennedale City Code, is hereby added which shall read as follows: "Sec. 17-508.5 Special Sign Types.. (a) Electronic reader board/Message Board Signs. A message board sign may only be constructed as a component of the primary or secondary freestanding sign (either pole or monument sign). In addition, a message board sign is subject to the following restrictions: (1) Any change of pictures or information on the message board W1Kenneda1el0RDINANC1S1gn Amendments.2007.wpd(12105107) Page 3 sign shall not produce the illusion of moving objects,expanding or contracting shapes, rotation or any similar effect of animation. (2) Any change of pictures%information on the message board sign shall not change more often than once each three seconds for those portions of the sign which convey time or temperature, or once each 10 seconds for all other portions of a sign. (3) Message board signs shall only be allowed to be placed in areas zoned "C-1," "C-2," or "I". (4) No lighted sign or message board sign shall have a luminance of greater than 300 foot-candies, nor shall any such sign have a luminance greater than 200-foot candles for any portion of the sign within a circle two feet in diameter. The restriction of luminance in this section shall be determined from any other premises or from any public right-of-way. (5) Maximum letter height is 12". (6) Any message appearing on an electronic message board shall consist of a single line of text. (7) Message board area shall not exceed 25% of primary sign area. (b) Sandwich board signs. It is expressly provided that such signs are prohibited in any residential zoning district or within any right-of-way or city easement within the city. The following additional provisions shall apply to sandwich board signs: (1) Signs shall not exceed two (2) feet in width and four (4) feet in height. (2) Sign material shall be of a material approved for outdoor signage. (3) Sign shall be anchored in some means to prevent displacement in high winds. (4) Off-premises sandwich board signs are prohibited. (5) No sandwich board sign shall be lighted. (6) Only one sign is allowed per location. W:WennedalelORDINANC15ign Amendments,2007.wpd(12105107) Page 4 (7) Signs within the visibility triangle at any intersection are prohibited. (8) No permit shall be required for a sandwich board sign. (9) Sign may only be displayed during business hours." SECTION 6. Section 17-514 of the Kennedale City Code, "Prohibited Signs", section (1), "Animated signs", is hereby amended to read as follows: "Sec. 17-514. Prohibited signs. The following signs are prohibited in all zoning districts within the city. (1)Animated signs. No sign shall be erected or altered to include animation, parts that move, or flashing or blinking lights that may be distracting to motorists. This prohibition does not include time and temperature signs or Electronic reader board/Message Board Signs meeting the requirements of this article." SECTION 7. This Ordinance shall be cumulative of all other ordinances of the City of Ken nedale, and shall not repeal any of the provisions of such ordinances except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 8. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, W:WennedalelORDINANCISign Amendments.2007.wpd(12105107) Page 6 paragraphs.and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined, upon conviction, not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any ordinances affecting signs 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, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 11. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. SECTION 12. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED this of 12007. WAKennedaWOROINAMSign Amendments.2007.wpd(42/05107) Page 6 Mayor ATTEST: City Secretary Effective: APPROVED AS TO FORM AND LEGALITY: City Attorney W:IKennedal010RDlNANCISign Amendments.2007.wpd(12105107) Page 7 CITY OF KENNEDALE,TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: DECEMBER 13, 2007 REGULAR ITEMS: ITEM NUMBER: VIII-i MOTION: COUNCIL MEMBERS MOTIW SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT/AGREEMENT NO. FAILED r FOLLOW UP: , l v LU -o I I F-0.f 4o ( L CITY SECRETARY'S FOLLOW UP: �� oa",V? 4 Cy��r ff R To the Mayor,and.Councxl Winhers Date: December 13, 2007 Agenda Item No: Vill-i Subject: Review and consider approval to authorize the City Manager to execute contract for Solid Waste services Originated by: Bob Hart Summary: The city's solid waste service is currently provided by Duncan Waste Disposal. The current contract expires on of January 31, 2008. The city advertised for bids for a new contract and received five bids. At the last council meeting staff was authorized to negotiate with IESI first and Duncan second on a contract. Staff met with EISI numerous times to work through the issues of the contract and is prepared to recommend a contract with IESI. The staff was able to resolve several issues with the contract primarily issues with the price escalation caused changing it to match other bids submitted on increase based on CPI. A drop-off recycling center will be located at the landfill entrance on 'Dick Price Road. The cleanup campaign will be conducted in April and October in addition to a free disposal for residents each year, also disposal of demolition material at the IESI landfill. The city attorney is currently reviewing the contract and adding additional paragraphs similar to what has been negotiated with other communities. I anticipate receiving the revised contract from Wayne Olson early in the weekend and will forward it to you by email. Recommendation: I recommend the approval of the contract as submitted with IESI for the Solid Waste Collection Disposition by Comkill: " CONSOLIDATED CONTRACT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE & RECYCLE COLLECTION THIS CONSOLIDATED CONTRACT (the "CONTRACT") is made and entered into on November 1, 2007, by and between the CITY OF KENNEDALE, a municipal corporation of Tarrant County, Texas (hereinafter referred to as "CITY") and authorized to do business in the State of Texas (hereinafter referred to as "CONTRACTOR"). WHEREAS, the CITY desires to provide residential and commercial customers within its corporate limits with solid waste collection, transport, disposal and recycling services for a term of five (5) years ending January 31, 2013; and WHEREAS, the Contractor has provided the CITY with a response to its Request for Proposals (RFP) dated October 25, 2007 for solid waste disposal and recycling services on a Contract basis. NOW, THEREFORE, in consideration of the mutual agreements hereinafter contained and in order to preserve and protect the public health of the citizens of the CITY it is hereby understood and agreed by the parties hereto as follows: 7 1. Grant. To the extent permitted by law, CITY hereby grants to CONTRACTOR a Contract with the exclusive franchise, license, and privilege to engage in the business of collecting and disposing of all residential and commercial Acceptable Waste, Construction and Demolition Waste, and Recyclable Materials as defined herein below which is generated within the corporate limits of the CITY and, further, hereby grants to CONTRACTOR a license and permit to use the public streets, alleys, easements and thoroughfares within the limits of the CITY for said business during the term of this Contract. The CITY hereby grants to the CONTRACTOR, in accordance with the CITY'S ordinances and regulations governing the collection and disposal of Acceptable Waste, the title to all Acceptable Waste collected and disposed of by the CONTRACTOR, over, upon, along and across the CITY'S present and future streets, alleys bridges and public properties. All title to and liability for materials excluded from this Contract shall remain with the generator of such materials. 2. Term. The term of this Contract shall be for five (5) years commencing on February 1, 2008 and terminating on January 31, 2013. The term may be renewed for two (2) successive terms of two (5)years each, by mutual consent of the parties hereto. 3. Definitions. Wherever used herein, the hereinafter listed terms shall have the following meanings: A. Acceptable Waste: Any and all waste that is solid waste, including brush, garbage, yard waste and trash, as solid waste is defined under the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder and that is acceptable for } disposal in a Landfill, except for "Unacceptable Waste", as defined herein. B. Bulky Item: Any item measuring in excess of either forty-eight (48) inches in length or fifty (50) pounds in weight, including, but not limited to, refrigerators, stoves, washing machines, water tanks, chairs, couches and other similar household items. C. By-Products With Residual Value: Any excess industrial, manufacturing or commercial by-products or significant and constant volumes of materials of a company which have a residual value on the open market, (such as cardboard and packing materials). D. Brush: Tree and shrub trimmings which are not easily placed in disposable containers. E. Commercial Containers: Metal containers supplied by CONTRACTOR affording adequate capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions. F. Construction and Demolition Waste: Acceptable Waste resulting from construction or demolition activities or that is directly or indirectly the by-product of such activities, including, but not limited to, cartons, concrete, excelsior, gypsum board, metal, paper, plastic, rubber and wood products. Construction and Demolition Waste does not include Unacceptable Waste or Bulky Items. G. Curbside Service: Acceptable Waste or Recyclable Materials to be picked up by the CONTRACTOR will be located at the curbside of the street bearing the customer's address or, if there is no curb, where the customer's property line meets the street. H. Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste building materials, automobile frames, or large, uncut dead trees. I. Bags or Disposable Containers: Any plastic bag or cardboard box with a capacity or volume of thirty three (33) gallons or less and which is capable of containing garbage or trash without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. J. Garbage: Refuse animal or vegetable matter (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable of emitting noxious odors. K. Handicapped Residential Unit: Any residential dwelling that is inhabited by persons, all of whom are physically handicapped to the extent that they are unable to place Acceptable Waste at the curbside, and that generates and accumulates Acceptable Waste. The identities of the members of a Handicapped Residential Unit shall be certified by the City Manager and agreed to by the CONTRACTOR. L. Hazardous Waste: Waste identified or listed as hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, or so classified by any federal or State of Texas statute, rule, order or regulation. M. Multiple-Family/Apartment Residential Complex: A structure in which three (3) or more families reside and claim as their permanent address. N. Permanent Containers: Any closed, waterproof, plastic or metal container or can with a capacity or volume of thirty three (33) gallons or less and which is capable of containing garbage or trash without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. It is recommended that plastic bags be used along with permanent containers to prevent spillage on CITY streets. O. Recyclable Materials: Metal Cans: Rinse metal cans and place in bins composed of tin, steel or aluminum. Aluminum Cans: Aluminum drink cans. Glass: Clear, green and brown glass bottles and jars.No mirrors, window glass, l plate glass, light bulbs or ceramics. Plastic Bottles: Only plastic bottles with recycling symbols, #1, #2, #3, #4, #5, #6, and #7. Examples include milk bottles, soft drink liter bottles, detergent bottles, cleaning bottles and shampoo bottles. Rinse and remove lids. Newspapers, Magazines, Catalogs Newspapers, magazines, and catalogs including slick and glossy inserts. Junk Mail, Cardboard Junk mail, envelopes, cereal boxes, Mixed Household Paper cardboard, chipboard and other household paper placed inside the bin.No tissues, wet paper or paper contaminated with food products are acceptable. All cardboard must be broken down to a size that will fit inside the bin. Other: Items that are identified as recyclable by the CITY, CONTRACTOR, or as the result of changes in any local, state, or federal laws, ordinances, or regulation. P. Recycling Containers: Thirty (30) roll off container provided by CONTRACTOR for each residential Customer to utilize. Any container must be approved by the City Council. Q. Single-Family Residential Unit: Any residential dwelling that is designed for, and inhabited by, a single person or family unit and that generates and accumulates Acceptable Waste. R. Special Waste: Any waste, even though it may be part of a delivered load of waste excluding insignificant quantities found in residential, commercial or industrial waste, which is: (1) defined as such by the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder; or (2) medical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities; and (3) dead animals and/or slaughterhouse waste, except for animals euthanized under the authority and direction of the CITY; or (4) sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or (5) liquid waste, which for the purposes of this Contract means any waste material that is determined to be or contain "free liquid" by the paint filter test (EPA Method 9095); or (6) waste from an industrial process; or (7) waste from a pollution control process; or (8) waste transported in a bulk tanker; or (9) friable and/or nonfriable asbestos waste; or (10) empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides; or (11) containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in this definition; or (12) residue or debris from the cleanup of a spill or release of chemical substances, commercial products or other wastes listed in this definition; or (13) soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products; or (14) residential wastes, only if a change in federal or state law, statute, regulation, rule, code, ordinance, permit, or permit condition, which occurs after the Effective Date of this Contract, requires special or additional management that differs from the requirements applicable on the Effective Date of this Contract; or (15) any waste that requires other than normal handling, storage, management and/or disposal. S. Trash: All household refuse other than garbage, debris, brush, household furniture and appliances. Trash shall include grass, yard clippings, leaves, weeds, heavy accumulations of newspapers and magazines, Recyclable Waste, old clothes and other household trash of like kind, but shall not include Hazardous Wastes. T. Unacceptable Waste: Any and all waste that is either: (1) waste which is now or in the future prohibited from disposal at a sanitary landfill by state, federal and/or local laws and/or the regulations promulgated thereunder; or (2) "Hazardous Waste", as defined herein; or (3) waste which is prohibited from disposal at the Landfill by CONTRACTOR including tires, concrete, and bulk petroleum or chemical products or by-products; or (4) liquid waste, as defined herein, and septic tank pumpings and grease and grit trap wastes; or (5) sludge waste, including water supply treatment plant sludges and stabilized, and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or (6) dead animals and/or slaughterhouse waste, except for animals euthanized under the authority and direction of the CITY; or (7) any waste, including "Special Waste" as defined herein, which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical, infectious or other characteristics jeopardizes or may jeopardize the environmentally sound operation of the disposal site, as determined by CONTRACTOR in its sole discretion. U. White Good: Any item measuring in excess of either three (3) cubic feet in size or fifty (50) pounds in weight and that is manufactured primarily from metal, including, but not limited to, a bath tub, heater,hot water heater,refrigerator, sink or washer and dryer. V. Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs (less than 31 in length) and other materials accumulated as the result of the care of lawn, shrubbery, vines and trees. Yard waste does not include food wastes from gardens such as fruits or vegetables. 4. Single-Family Residential Units A. Duties and Obligations of Single- Family Residential Unit. Every owner, agent, lessee, tenant or occupant of any single-family residential premises in the CITY ("residential customer") shall have the following duties and obligations: (1) Brush and Trash: Each residential customer shall place brush or trash which cannot be placed in disposable containers or permanent containers into lengths not to exceed four (4) feet and with a weight not to exceed fifty (50) pounds, tie same in bundles, and stack such brush or trash at curbside (as is hereinafter provided). (2) Containers Secured: Each residential customer shall keep all such containers in use securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. (3) Draining Liquids: Each residential customer shall drain all Acceptable Waste and Recyclable Materials mixed with water or other liquids before placing the same into appropriate containers. (4) Items Exceeding Fifty (50) Pounds: No residential customer shall place for collection, or permit to be placed for collection, any permanent container, disposable container, item, or bundle of brush or trash exceeding fifty (50) pounds in weight. (5) Placement of Waste and Materials: Each residential customer shall place appropriate containers containing Acceptable Waste at the curbside on the street bearing such residential customer's address in such a manner as to be easily accessible for collection and as to prevent Acceptable Waste from being scattered. (6) Residential Containers: Each residential customer shall provide and use containers (disposable or permanent) sufficient in number to hold the Acceptable Waste accumulating on the premises. (7) Unacceptable Waste: No residential customer shall place for collection, or permit to be placed for collection, any Unacceptable Waste. (8) Time of Placement of Waste and Materials: All appropriate containers and bundled brush required to be located at the curbside shall be placed at the prescribed curbside locations not more than twelve hours prior to the scheduled collection day and not later than 7:00 a.m. on the scheduled collection day. (9) Vines and Bushes: Each residential customer shall place all vines and thorny bushes in disposable containers. (10) Waste and Materials in Containers: Each residential customer shall place all Acceptable Waste (including brush, if the size of the brush allows) in either disposable containers or permanent containers. (11) Notwithstanding anything to the contrary contained herein, the CONTRACTOR agrees to assist Handicapped Residential Units with house-side collection of their Acceptable Waste; provided, that the CONTRACTOR receives prior written notice from the Handicapped Residential Unit of such special need. The CITY shall be solely responsible for all other modifications and accommodations required by the Americans with Disabilities Act or any other applicable law or regulation in connection with the services provided hereunder to Single-Family Residential Units. B. Contractor's Duties and Obligations - Residential. It shall be the duty and obligation of CONTRACTOR to perform the following services: (1) Collection: CONTRACTOR agrees to make two (2) weekly collections for Acceptable Waste. CONTRACTOR shall not commence service to residential customers prior to 7:00 a.m. and no collections will be made on Sundays. Collections may be made on designated holidays that do not fall on a Sunday, but shall not be required. CONTRACTOR shall provide collection services to residential customers in the manner specified herein. (2) Customer Service Number: CONTRACTOR agrees to maintain a toll free telephone number for the put-pose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 8:00 a.m. to 5:00 p.m. weekdays and Saturday 8:00 a.m. to 3:00 p.m. every day except Sunday and the holidays set forth in Section (6.L.) herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the above-mentioned hours. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment and Services Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, and labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste or debris. (4) Take-all Service: CONTRACTOR shall collect all items placed on the curb as part of the regular waste collection cycle providing that the items are acceptable for landfill disposal and the items are containerized in a can, bag or box. Brush and tree limbs must be tied in bundles not to exceed four (4) feet in length and fifty (50) pounds in weight. This service includes construction and fencing materials generated by the homeowner resulting from repair and remodeling projects as long as said materials are containerized or tied in bundle's not to exceed four(4) feet in length and fifty(50) lbs. in weight. Bulky items and White Goods including stoves, furniture, water heaters, dishwashers, etc., when placed on the curb, will be picked up as part of normal service collections. Federal Law prohibits the collection of refrigerator or freezer units unless certification is provided that CFC's have been removed by a certified technician. (5) Landfill Disposal and Vehicle Standards: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name in letters not less than four (4) inches in height and shall be individually numbered. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. (b) Annual Clean-Up Events and Landfill Use: CONTRACTOR shall plan two bulky item and brush clean-up events each calendar year. They will be in the second week of April and the second week of October. CONTRACTOR shall provide eight ( 8 ) free roll offs per event at a location specified by the CITY. Each residential unit is also entitled to one (1) free landfill trip at the IESI Fort Worth C&D Landfill. (7) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a residential customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR and residential customer, the CONTRACTOR shall perform the service. The agreed upon fee for the service shall be paid by the residential customer immediately upon completion of the work performed. (See Section "&E." for more information.) (8) Non-Collection Days: CONTRACTOR agrees that no collections will be made on } Sundays. Collections may be made on designated holidays that do not fall on a Sunday,but will not be required. (See Section "6. L." for more information about holidays). (9) Residential Recycling Containers: CONTRACTOR shall provide a drop off location for Recyclable Materials. Such container shall be located at the IESI Fort Worth C&D Landfill and accessible to residential customers during normal landfill operating hours. (10)Routes and Schedules: CONTRACTOR agrees to establish daily routes and special schedules for the collection of Acceptable Waste as necessary to fulfill the requirements of this Contract. Further, CONTRACTOR will utilize written route books for use in the collection of Acceptable Waste from all residential customers. CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. (11) Christmas Tree Pick up: See Section 6.D. (12)Recycling Education: CONTRACTOR shall continue an ongoing public education program to encourage citizen participation in recycling including but not limited to informational flyers or brochures (with a detailed description of recycling program). CONTRACTOR shall also report to the City Council of CITY one (1) time annually to appraise the City Council on educational programs and participation in recycling. C. Residential Charges (1) Customer Billing: CITY agrees to bill all residential customers served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority and shall issue to CONTRACTOR a Resale Certification. (2) CONTRACTOR agrees to provide, at no cost to the residential customer or the CITY, collection of Acceptable Waste from up to twenty-eight (28) residential units inhabited by Senior Citizens meeting the CITY's eligibility requirements. The CITY shall furnish CONTRACTOR the names and addresses of the qualifying Senior Citizens. (3) Payment to CONTRACTOR; CITY agrees to pay to CONTRACTOR on or before the 15th day of each month following the services provided. Example - Service begins November 1st with the first payment due on or before December 15th and each month thereafter. The appropriate charges as herein provided: a. Residential Acceptable Waste Charges: For the Contract granted herein, } CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 6% of the gross billings (excluding all appropriate sales taxes) from the collection of Acceptable Waste within the corporate limits of the CITY and 4% of the gross billings for billing and collection fee, for a total of 10%. CITY shall remit to the CONTRACTOR its check in the amount of 90% of all amounts billed for r residential garbage and recycling service for Acceptable Waste. The 10% not remitted for residential billings shall become the property of the CITY. Any billing that the CITY may do for the Acceptable Waste collection service to residential customers outside the CITY limits of Kennedale, CONTRACTOR agrees that the CITY shall retain 10% for the collection. (4) Residential Acceptable Waste: CITY and CONTRACTOR agree that the MONTHLY CUSTOMER SERVICE CHARGE for residential customers shall be as described on ATTACHMENT "A". (5) Residential Recycling: CITY and CONTRACTOR agree that the curbside residential recycling monthly service charge may be implemented during the term of this Contract upon service being initiated. (6) Rate Adjustments —No rate adjustment will be made in the first year of the contract (February 1, 2008 — January 31, 2009). Beginning February 1, 2009 rates may be adjusted annually to reflect changes in the cost of operations, as reflected by percentage change in the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers (all items) for the Dallas-Fort Worth Metropolitan Area as published by the U.S. Department of Labor, Bureau of Labor Statistics. The measured increase will span a twelve month period (beginning August 1 and ending July 31) immediately preceding the Rate Adjustment Date. If the CONTRACTOR desires a review of the existing rates, CONTRACTOR shall submit, in writing, its adjustments to the rate and supporting data for the same period, on or before January 15th of the numbered year, beginning January 15, 2009. (7) In addition to the above CPI adjustment, the CITY may consider a discretionary rate adjustment to offset unusual changes in CONTRACTOR'S cost of operations due to, or directly resulting from, increased fuel costs, ad valorem taxes, governmental fees, landfill costs, or regulations or revised federal, state or local laws, ordinances or regulations. CONTRACTOR may submit a request to the City Council for such an adjustment in rates. Any such request must be accompanied by supporting documentation detailing the increased costs and their impact in providing the services described in this Consolidated Contract as they relate directly to the CITY. The City Council shall have authority, in its sole discretion, to determine the validity of any such request for a change in rates. The CITY shall not unreasonably withhold, condition or delay its consent to any requested rate increase. In the event the CITY fails or refuses to consent to any such requested rate increase and the CONTRACTOR can demonstrate that such rate increase is necessary to offset the CONTRACTOR'S increased costs in connection with performing the services under this Agreement, the CONTRACTOR may, in its sole discretion, terminate this Agreement upon one hundred eighty (1.80) days written notice to the CITY. Other than the foregoing,no other rate adjustments shall be considered by the CITY. 5. Commercial, Industrial, and Multi-Family/Apartment A. Duties and Obligations of Commercial, Industrial, and Multi-Famil/Apartment Customers. Every owner, agent, employee or person otherwise in charge of any commercial, industrial, or multi-family/apartment premises within the CITY ("commercial customer") shall have the following duties and obligations: (1) Containers Secured: Each commercial customer shall keep all commercial containers in use securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents, and other animals. (2) Draining Liquids: Each commercial customer shall drain all Acceptable Waste or Recyclable Materials mixed with water or other liquids before placing same into a commercial container, and, further, no commercial customer shall place for collection, or permit to be placed for collection, any Hazardous Waste or Special Waste. (3) Sufficient Containers: Each commercial customer shall be provided by CONTRACTOR containers sufficient in number to hold the Acceptable Waste or Recyclable Materials accumulating on the premises. (4) Waste and Materials in Containers: Each commercial customer shall cause all Acceptable Waste or Recyclable Materials accumulating on such premises to be placed in commercial containers. Commercial customers shall place said containers in a certain designated location which is agreed to by CONTRACTOR and customer, bearing such commercial customer's address for collection at the same time and in the same manner as is provided for residential refuse collection. The location of the commercial customer's container shall be placed such that no damage results to the pavement or asphalt surfaces. CONTRACTOR shall not be liable for damages to pavement or asphalt surfaces which result from the container being placed in such location. B. Contractor's Duties and Obligations — Commercial, Industrial, and Multi- Family/Apartment. It shall be the duty and obligation of CONTRACTOR to perform the following services: (1) Containers: CONTRACTOR shall provide all commercial containers for Acceptable Waste or Recyclable Materials storage which are available upon request of the owner or occupant of any premises within the corporate limits of CITY, excluding single family and two family residences. The commercial containers provided by CONTRACTOR shall be (i) equipped with suitable covers to prevent blowing or scattering of Acceptable Waste or Recyclable Materials while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height, and (iv) emptied not less than one time each week. - (2) Customer Service Number: CONTRACTOR agrees to maintain a toll free telephone number for the put-pose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 8:00 a.m. to 5:00 p.m. weekdays and Saturday 8:00 a.m. to 3:00 p.m. every day except Sunday and the holidays set forth in Section "6V herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the above-mentioned hours. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, and labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste or debris. (4) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR, agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR and customer, the CONTRACTOR shall perform the service. The agreed upon fee for the service shall be paid by the customer immediately upon completion of the work performed. (5) Lawful Disposal: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name in letters not less than four (4) inches in height and shall be individually numbered. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. (6) Non-Collection Days: CONTRACTOR agrees that no collections will be made on Sundays. Collections may be made on designated holidays that do not fall on a Sunday, but shall not be required. (7) Routes and Schedules: CONTRACTOR agrees to establish daily routes and special schedules for the collection of Acceptable Waste as necessary to fulfill the requirements of this Contract. Further, CONTRACTOR will utilize written route books for use in the collection of Acceptable Waste from all commercial customers. CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. C. Commercial, Industrial, and Multi-Family/Apartment Charges (1) Commercial, Industrial, and Multi-Family/Apartments Acceptable Waste: CITY and CONTRACTOR agree that the commercial/industrial/multifamily/apartments monthly service charges shall be provided in ATTACHMENT "A", which is attached hereto and incorporated herein by reference. (2) Commercial Recycling Charges: The service charge for commercial recycling shall be as specified in ATTACHMENT "A". (3) Customer Billing: CONTRACTOR agrees to bill all commercial customers served by CONTRACTOR. CONTRACTOR further agrees to collect and remit all sales taxes to the appropriate governmental authority. (4) Payment to CITY: CONTRACTOR agrees to pay to CITY on or before the 15th day of each month the appropriate charges as herein provided: a. Commercial, Industrial and Multi-Family/Apartments Acceptable Waste Charges and Commercial, Industrial and MultiFamily/Apartments Recycling Charges: For the Contract granted herein, CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 10% of the gross billings(excluding all appropriate sales taxes) from the collection of Acceptable Waste and Recyclable Materials within the corporate limits of the CITY. CONTRACTOR shall remit to the CITY a check in the amount of 10% of all amounts billed for commercial/industrial Acceptable Waste and recyclables collected. (5) Rate Adjustments —No rate adjustment will be made in the first year of the contract (February 1, 2008 — January 31, 2009). Beginning February 1, 2009 rates may be adjusted annually to reflect changes in the cost of operations, as reflected by percentage change in the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers (all items) for the Dallas-Fort Worth Metropolitan Area as published by the U.S. Department of Labor, Bureau of Labor Statistics. The measured increase will span a twelve month period (beginning August 1 and ending July 31) immediately preceding the Rate Adjustment Date. If the CONTRACTOR desires a review of the existing rates, CONTRACTOR shall submit, in writing, its f adjustments to the rate and supporting data for the same period, on or before January 15th of the numbered year, beginning January 15, 2009. (6) In addition to the above CPI adjustment, the CITY may consider a discretionary rate adjustment to offset unusual changes in CONTRACTOR'S cost of operations due to, or directly resulting from, increased fuel costs, ad valorem taxes, governmental fees, landfill costs, or regulations or revised federal, state or local laws, ordinances or regulations. CONTRACTOR may submit a request to the City Council for such an adjustment in rates. Any such request must be accompanied by supporting documentation detailing the increased costs and their impact in providing the services described in this Consolidated Contract as they relate directly to the CITY. The City Council shall have authority, in its sole discretion, to determine the validity of any such request for a change in rates. The CITY shall not unreasonably withhold, condition or delay its consent to any requested rate increase. In the event the CITY fails or refuses to consent to any such requested rate increase and the CONTRACTOR can demonstrate that such rate increase is necessary to offset the CONTRACTOR'S increased costs in connection with performing the services under this Agreement, the CONTRACTOR may, in its sole discretion, terminate this Agreement upon one hundred eighty(180) days written notice to the CITY. Other than the foregoing, no other rate adjustments shall be considered by the CITY. i 6. Miscellaneous A. Assignment of Contract: This Contract and any and all rights and obligations of CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent company, affiliate, or subsidiary of CONTRACTOR without the consent of CITY, but may not be assigned to any other third party without the prior written consent of the CITY'S City Council. B. Applicable Law: CITY and CONTRACTOR (and customers) shall comply with all rules and regulations of any federal, state or local authority. In this regard, CONTRACTOR shall not be required to collect and dispose of any Hazardous Wastes, or any other Unacceptable Waste. Should CONTRACTOR elect to dispose of such materials, CONTRACTOR shall receive a fee or charge mutually acceptable to CONTRACTOR and the party requesting disposal of such materials. CONTRACTOR further agrees to comply with all applicable state and federal laws regulating collection and disposal of waste. C. Bad Debt Collections and Write-Offs: The CITY will diligently pursue the collection of bad debts, and those which are deemed uncollectible after 90 days, will be written off annually by the CITY. Write-offs will be adjusted (deducted) from CONTRACTOR'S monthly payment following the date of the write-offs. Although write-offs will be made, CITY will continue to pursue collection and any bad debts collected after any quarterly payment adjustment will be added to the next monthly payment to the CONTRACTOR. D. Christmas Tree Recycling: CONTRACTOR shall collect Christmas Trees when placed at curbside two times during December 26 through January 9 each year during the term of the Contract. Christmas Trees do not have to be cut or bound in any way and shall be picked-up whole. E. CITY Liaison: CONTRACTOR and CITY agree that the City Manager will be the authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute between customer and CONTRACTOR. The CITY may designate a CITY employee to act as an enforcement officer hereunder and to act as a liaison between the CITY and CONTRACTOR, F, Contract Execution: This Contract may be executed in any number of counterparts, each of which will for all purposes be deemed to be an original, and all of which are identical. G. Contract Validity: If any provision or portion of this Contract is for any reason unenforceable, inapplicable, or invalidated then such provision or portion shall be reformed in accordance with applicable laws and the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable, inapplicable or invalidated provision had never been contained herein. The invalidity, inapplicability, or unenforceability of any provision or portion of this Contract shall not affect the validity, applicability or enforceability of the other provisions or portions of this Contract. H. INDEMNIFICATION: CONTRACTOR covenants and agrees to fully indemnify, hold harmless and defend the CITY, its officers, agents, servants and employees from and against any and all claims, demands, suits, judgments, costs and expenses {including attorney's fees} for property damage or loss, and/or personal injury, including death, to any and all Persons, of whatsoever kind or character, whether real or asserted, caused by the negligent performance, attempted performance or willful non-performance of the work and services described hereunder including operations of subcontractors, if any, and the negligent acts or omissions of employees or agents of CONTRACTOR. CONTRACTOR shall likewise assume all responsibility and liability for, and shall indemnify and hold harmless the CITY for any and all injury or damage to CITY property caused by all negligent acts or omissions of CONTRACTOR, its officers, agents, servants, employees, contractors, subcontractors, licensees, or invitees, including attorney's fees expended by the CITY in any suit or claim against CONTRACTOR for same. However, CONTRACTOR shall not be liable for any legal proceeding, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the CITY, its agents, directors, employees, officers and servants I. Contractor Insurance: CONTRACTOR shall not commence work under this Contract until Contractor has obtained all the insurance listed below and certificates evidencing such coverage are received by the CITY. Contractor shall include the coverage of all subcontractors in any insurance policy it carries. The CITY also shall be named as an additional insured on each policy required hereunder. Coverage Limits of Liability (1) Worker's Compensation Statutory (2) Employer's Liability $1,000,000 (3) Bodily Injury Liability (except automobile) $1,000,000 per occurrence; $1,000,000 in the aggregate (4) Property Damage Liability (except automobile) $1,000,000 per occurrence; $1,000,000 in the aggregate (5) Automobile Bodily Injury Liability $1,000,000 per person; $2,000,000 per occurrence (6) Automobile Property Damage Liability $2,000,000 per occurrence (7) Excess Umbrella Liability $5,000,000 per occurrence (1) Local Agent for Insurance and Bonding: The insurance and bonding companies with whom CONTRACTOR's insurance are written shall be authorized to do business in the State of Texas. Each agent shall be a duly qualified Person, upon whom service of process may be had, and must have authority and power to act on behalf of the insurance to negotiate and settle with the CITY, or any other claimant, any claims that the CITY or other claimant, or any property owner who has been damaged, may have against CONTRACTOR or its insurance company. If the local insurance representative is not so empowered by the insurance, then such authority must be vested in a local agent or claims officer residing in the Fort Worth-Dallas metropolitan area. The name of the agent or agents shall be set forth on all such bonds and certificates of insurance. CONTRACTOR shall keep the required insurance in full force and effect at all times during the term of this Contract, and any renewals thereof. Contractor shall furnish to the CITY a certificate of insurance, evidencing that CONTRACTOR has obtained the required insurance coverage. All policies shall provide that they may not be changed or cancelled by the insurer in less than five (5) days after the CITY has received written notice of such change or cancellation. J. Performance Bond: CONTRACTOR agrees that upon the execution of this Contract and before beginning work, it shall execute and deliver to CITY a good and sufficient surety bond in a form acceptable to the CITY, to secure the faithful performance of the terms and conditions herein, The bond shall be in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00), and the surety shall be a surety company duly authorized to do business in the State of Texas and approved by the CITY. 4 K. Free Service to CITY: CONTRACTOR shall provide free pickup and disposal for all CITY facilities in manners specified by the CITY. The CITY shall also have free dumping privileges during the term of this Contract at the nearest landfill or transfer station used by the CONTRACTOR. Free dumping is interpreted as meaning no charge or cost assessed to CITY vehicles and limited to 300 cubic yards per year. L. Holidays/Make-Up Days: CITY and CONTRACTOR agree that the following days shall be recognized as holidays: New Years Day Thanksgiving Day Christmas Day The CONTRACTOR will collect all Acceptable Waste the next regular scheduled collection day following the holiday, except Sunday, so that each customer receives a minimum of one collection day during any given week which has a holiday on a regular scheduled collection day. M. Interruption in Service: In the event that the collection and disposal of Acceptable Waste or Recyclable Materials should be interrupted by any reasons other than a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God, changes in laws, statutes, regulations or ordinances or other similar or different contingency beyond the reasonable control of the CONTRACTOR for more than forty-eight (48) hours, CITY shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety. If such interruption in service continues for a period of seventy-two (72) hours then the CITY shall have the right to terminate the rights and privileges granted in this franchise. N. Investigations and Public Hearings: The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of CONTRACTOR with relation to the operation of the services set forth herein. In this connection, the CITY shall have the right, through its Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. O. Judicial Interpretation: CITY and CONTRACTOR agree that if any term or provision of this Contract is submitted to a court for judicial interpretation that such court shall not apply the presumption which results from the rule of construction that a document or its contents is to be construed against the person who himself or through his agent prepared the same. P. Non-Collection: Should a dispute arise between the CITY, CONTRACTOR, and/or a customer as to whether the CONTRACTOR actually failed to make a collection (whether the CONTRACTOR missed a pickup) the decision of the City Manager in such matter shall be final and CITY and CONTRACTOR agree to abide by said decision. However, } it is understood and agreed by and between CITY and CONTRACTOR that if any customer fails to timely place brush, permanent containers, disposable containers, Recyclable Materials or commercial containers out, maintains improper or inadequate containers for the nature, volume, or weight of Acceptable Waste or Recyclable Materials to be removed from the premises, or places improper bundles or volumes of Acceptable Waste or Recyclable Materials for collection, CONTRACTOR may refrain from collecting all or a portion of such Acceptable Waste or Recyclable Materials and shall notify CITY of the reason for such non-collection. CONTRACTOR shall also provide notice to the customer of the reason for such non-collection(unless such non-collection is the result of the customer's failure to timely place the brush or containers out for collection). Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business, and shall indicate the nature of the violation and the correction required in order that such waste or recycling materials may then by collected at the next regular collection date. When CITY is notified by a customer that Acceptable Waste or Recyclable Materials have not been removed from his premises on the scheduled collection day and where no notice of non- collection nor a change in collection schedule has been received from CONTRACTOR, CITY shall investigate. If the investigation disclosed that CONTRACTOR has failed to collect Acceptable Waste or Recyclable Materials from the subject premises without cause, CONTRACTOR shall collect same within twelve (12) hours after a collection order is issued by CITY, at no additional charge. Q. Records and Reports: The CITY shall have access at all reasonable hours to all CONTRACTOR'S records, customer service cards, and all papers relating to the operation of the services set forth herein. CITY shall have the right to audit CONTRACTOR'S records upon giving written notice. The following records and reports shall be filed semi-annually (May and November) by the fifteenth(15th) day with the City Manager: (1) CONTRACTOR will provide an annual report on cubic yards of garbage deposited at the landfill from CITY. The report will include a breakdown of how much is from residential customers, commercial/industrial customers, CITY facilities, and landfill days. (2) Reports of the results of all complaints and investigations received and completed by the CONTRACTOR. (3) A listing of all commercial accounts served. This list shall include customers name, address, frequency of pickup, size of container or type of service and charges for same. R. Revocation: In the event of an alleged breach by CONTRACTOR of any of the terms, covenants, or conditions herein contained, CITY shall notify CONTRACTOR of such alleged breach and if same is not cured within fifteen (15) days from such notice, CITY may, upon a determination (at a hearing as described herein) that a breach has occurred, } cancel and revoke this Contract. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the CONTRACTOR at the address shown on the records of the CITY, and a period of at least ten (10) days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the alleged reasons for revocation or cancellation of the Contract. The hearing shall be conducted in public by the CITY'S City Council and the CONTRACTOR shall be allowed to be present and shall be given full opportunity to answer such charges and allegations as are set out against it in the notice. If, after the hearing is concluded, the City Council shall determine that a breach of the terms, covenants or conditions of the Contract, as set forth in the notice, has occurred, they may revoke and cancel this Contract and the same shall be null and void. This Contract may, at the option of the CITY, be terminated in the event of bankruptcy, receivership, or assignment for the benefit of creditors by the CONTRACTOR. S. Spillage: CONTRACTOR will not be required to clean up or collect loose residential Acceptable Waste or Recyclable Materials not created by its operation, but if same is not collected by CONTRACTOR, CONTRACTOR shall report the location of such conditions to CITY so that proper notice can be given to the occupant of the residence to properly contain such waste or materials. Spillage or excess Acceptable Waste or Recyclable Materials at the location of commercial containers may be picked up by CONTRACTOR after the customer reloads the commercial container. CONTRACTOR shall then be entitled to, and shall receive, an extra collection charge for each reloaded container requiring an extra collection provided CONTRACTOR notifies CITY of such extra charge. Should such commercial spillage continue to occur, CITY shall require the commercial customer and CONTRACTOR to increase the frequency of collection of such customer's Acceptable Waste or Recyclable Materials or require the customer to utilize a commercial container with a larger capacity and CONTRACTOR shall be compensated for such additional set-vices as provided in ATTACHMENT"A". T. Due Care. The CONTRACTOR shall exercise due care and caution in providing the Services so that the CITY'S public and private property, including streets and parking areas, will be protected and preserved. U. Personnel and Performance Standards. The CONTRACTOR shall not deny employment to any person on the basis of race, creed or religion, and will insure that all federal and state laws pertaining to salaries, wages and operating requirements are met or exceeded. The CONTRACTOR, its agents, servants and employees shall perform the Services in a courteous, competent and professional manner. During the term of this Contract and any extension thereof, the CONTRACTOR shall be responsible for the actions of its agents, servants and employees while such agents, servants and employees are acting within the scope of their employment or agency. V. Governing Law. This Contract shall be governed in all respects, including as to validity, interpretation and effect, by the internal laws of the State of Texas, without giving effect to the conflict of laws rules thereof. The parties hereby irrevocably submit to the jurisdiction of the courts of the State of Texas and the Federal courts of the United States located in the State of Texas, solely in respect of the interpretation and enforcement of the provisions of this Contract, and hereby waive, and agree not to assert, as a defense in any action, suit or proceeding for the interpretation or enforcement hereof, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that this Contract may be enforced in or by said courts, and the parties hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a Texas State or Federal court. The parties hereby consent to and grant any such court jurisdiction over the person of such parties and over the subject matter of any such dispute and agree that mailing of process or other papers in connection with any such action or proceeding to the addresses of the parties listed below, or in such other manner as may be permitted by law, shall be valid and sufficient service thereof. W. Force Majeure The performance of this Contract may be suspended and the obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond reasonable control of such party. The performance of this Contract will be suspended and the obligations hereunder excused only until the condition preventing performance is remedied. Such conditions shall include, but not be limited to, acts of God, acts of war, accident, explosion, fire, flood, riot, sabotage, acts of terrorists, unusually severe weather, lack of adequate fuel, or judicial or governmental laws or regulations. CONTRACTOR CITY OF KENNEDALE By: By: Name: Name: Title: Title: ATTEST: By: City Secretary CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: DECEMBER 13, 2007 REGULAR ITEMS: ITEM NUMBER: VIII -j MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT/AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: a4tJ rMA p f L, " b 1(j j To the AUYor,and' Council Members Date: December 13, 2007 Agenda Item Mo. Vttt j S~. Review and consider a usage agreement with the IESI Fart~h C&D Landfill located on Dick Price Road Originated by: Bob Hart Summary: Access to the IESI Landfill on Dick Price Road has a long history of controversy. The current city policy is to issue truck permits to a limited number of trucks to access the landfill along Dick Price Road from Kennedale Parkway. All other trucks are required to access the landfRI south of the landfill which takes most vehicles traveling along Kennedale Parkway to Eden Road. The city collects a minimal fee for these permits. The proposed agreement provides for a payment of 25¢ per ton or approximately $150,000 per year to be paid to the city by IESI in exchange for access for all trucks to use Dick Price Road from Kennedale Parkway. These funds will pay for the reconstruction of Dick Price Road from -the railroad tracks south. The railroad tracks to Kennedale Parkway are contemplated to be part of the Bowman Springs Road improvements and are to be funded jointly by the city and the county. This portion of.Disk Price-Road could be rebuilt in about two years.This would allow time for the-fund to establish a revenue pattern and time to design the road. The road would then be built through a debt issue with repayment coming from revenue generated by this contract. There is an estimated twelve to fifteen years of life remaining in the landfll. The issues relative to this agreement is a funding mechanism to improve Dick Price Road verses the increased traffic along Dick Price Road and the inconvenience caused to residents living; on or near Dick Price Road verses the number of trash haulers that-haul along Kennedale Parkway and through the school zone of Delaney Elementary School. This agreement is brought to you as part of an overall package in dealing with IESI but is not related or tied to the collection contract. Recommendation: I recommend the approval of the attached agreement as submitted, with the understanding that the proceeds will be set aside only for the reconstruction of Dick Price Road. Disposition by Council: USAGE AGREEMENT This Usage Agreement ("Ageement") is made and entered into as of the_day of February 1st, 2008 (the "Effective Date") between IESI TX Corporation, a Texas corporation ("IESI"), and the City of Kennedale, Texas, a Texas municipality (the RECITALS: WHEREAS, IESI owns and operates a Type IV solid waste landfill facility known as"Fort Worth C & D Landfill"located in the City (the "Landfill"); and WHEREAS, the City desires to grant fiill and unrestricted access to IESI, and its customers, contractors, subsidiaries and affiliates, to travel upon and transport waste to and from the Landfill using Business Highway 287 and both the north and south approaches on Dick Price Road on the terms and conditions contained herein; AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,the parties hereto agree as follows: 1. Right of Usage. The City hereby grants lull and unrestricted access to IESI, and its customers, contractors, subsidiaries and affiliates, to travel upon and transport waste to and from the Landfill on Business Highway 287 and both the north and south approaches on Dick Price Road. 2. Royalty. In consideration of the right of usage described in Section 1 above, IESI hereby agrees to pay the City a royalty o 0.25 er ton of waste accepted by IESI for disposal at the Landfill on or after the Effective Date. Payments of royalty for each month shall be due and payable to the City on the T day of the following month. Simultaneously with making any payment of royalty hereunder, IESI shall deliver to the City a statement setting forth the amount of all waste accepted for disposal at the Landfill during the applicable month for which such payment is made and IESI's calculation of such payment. 3. Release of Liability. Notwithstanding anything to the contrary contained herein, IESI shall not be liable to the City or any other party for any damages or expenses resulting from any customer's or contractor's use of Business Highway 287 or Dick Price Road to access the Landfill. 4. City's Representations and Indemnities. The City represents to IESI that it alone has all requisite power, authority and jurisdiction to grant the right of usage granted herein to IESI and that no other municipality or governmental agency or authority has the power, authority or jurisdiction to restrict the right of usage granted herein or to claim all or any portion of the royalty granted herein to the City. The City hereby indemnifies IESI for any damages, losses and expenses, including attorneys' fees, arising out of any claims, suits or proceedings of any nature asserted by any municipality or any other governmental agency or authority restricting the right of usage granted to IESI hereunder or asserting a claim of right to any of the royalty payments made by IESI hereunder. The City hereby expressly waives its right of sovereign immunity with respect to the provisions of this Section 4. 5. Applicable Law; Venue. This Agreement will be deemed to be a contract made under the laws of the State of Texas, and for all purposes will be governed by, and interpreted and construed in accordance with, the laws of the State of Texas, without regard to principles of conflict of laws thereof. The parties agree that venue in any suit, action or proceeding arising out of or relating to this Agreement shall be in Tarrant County, Texas. b. Counterparts. This Agreement may be executed in several counterparts, each of which when so executed will be deemed to be an original and all of which will together constitute one and the same agreement. 7. Entire Agreement. The terms and provisions of this Agreement constitute the entire agreement between the parties with respect to the subject matter hereof, and there are no collateral or contemporaneous agreements other than as expressly set forth or referred to in this Agreement. This Agreement supersedes any other agreement, whether written or oral, that may have been made or entered into by the parties hereto relating to the matters contemplated hereby. 8. Successors and Assam. This Agreement will inure to the benefit of and be binding upon the parties and their respective successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] C-Z '6� woo" OP `- m l 2Q7CSr'h16D 1 s - 6 aW �,rca W �! " 4'�t4a- 2 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the Effective Date. IESI TX CORPORATION, a Texas corporation By:_ Name: Title: THE CITY OF KENNEDALE, TEXAS By: Name: Title: 3 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: DECEMBER 13,2007 REGULAR ITEMS: ITEM NUMBER: VIII-k MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER ✓� GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED l CONTRACT/AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Staff Report To the Honorable Mayor and City Council Date: November 5, 2007 Agenda Item No: VIII-k Subject: Review and consider appointment(s) to serve as Alternates on the Kennedale Library Advisory Board. Originated by: Kathy Turner, City Secretary Summary: City Council approved an ordinance during the November meeting to create the appointment, terms,and qualifications of alternates to the Library Advisory Board. One application is one file and is attached for your consideration. Mr. Barrett has been contacted and is willing to serve. Recommendation: Staff recommends Council appoints George Barrett as an Alternate to the Library Advisory Board to serve in Place 7 for a two year term expiring July 2009. Disposition by Council: MEIViVED4LE 405 Municipal Drive,Kennedale,Texas 76060 BOARD/COMMISSION CANDIDATE DATA SHEET Check all Board and Commissions of Interest: Rank order of interest from I to 6: 5 0 Park Board L Board of Adjustment 3RI Planning&Zoning {c Building Board of Appeals 1 (K Liibbraiy Advisory Board s Economic Development Board Name: C. gv/16re, (�R� Age(Optional): 70 Horne Address: &1.! 'I LuC SUN Ne Home Phone; (91 7) 1_Z2� Business Phone: C� � S//Z_ Business Address: V � + W Resident of City for Years Voter Registration No.: 012� P07 Occupation: _A!,Et Education: Special Knowledge or•Experience Applicable to City Board or Commission Function: ❑ Banking/Finance ❑ Business Development ❑ Building/Construolion ❑ Promotion/Marketing ❑ Real Estate/Development Manufacturing/Industrial Operations Industrial Training �1 n ® Law/Contract Administration Other information (Civic Activities, etc.): C,4q 6arjQi. wMdt� C 1�ri�e j fit t I have attended one or more meetings of the board or commission for«f i I have applied: Yes ❑ No Dare: Signature: RETURN COMPLETED FORM TO THE CITY SECRETARY'S OFFICE, City of Kennedale, 405 Municipal Drive,Kennedale,Texas 76060 Phone: (817) 483-1296 Fax: (817) 483-0133 E-mail: kturner @cityofkennedale.com CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: DECEMBER 13,2007 REGULAR ITEMS: ITEM NUMBER: VIII- I MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT/AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: �,�iu7,co l wt UV . - - � J, n - V't,�S to enor t To the Mit Y9 r add Council Members Date: December 13, 2007 Agenda Item No: vIIT-z Subject: Review and Consider adoption of Values Statement Originated by: Bob Hart Summary: As a result of recommendations from the Innes Survey and the Kennedale Action Team, the staff conducted a series of workshops with all employees. From each of the value workshop sessions, employee's volunteered to be a part of the "Values Committee", The committee met several times over a seven week period to develop a Values Statement. The draft statement was then circulated to all employees for their feedback. The following statement was finalized and is presented to Council for adoption: City of Kennedale "Exemplifying Excellence" Dedicated to providing superior services efficiently and fairly to citizens, business owners, visitors, and fellow employees. All decisions enhance quality of life through leadership, honesty, respect, teamwork, and equality, to consistently advance Kennedale in a positive direction! Members of the committee were: Bobbie Spence — Municipal Court Celeste Brown -Administration Crystal Tort- Finance Charles Comeaux—Street Department Christopher Kjelsen, Chairperson--Police Department Diana Garcia—Animal Control Mike Plumlee—Fire Department Daniel Clouser— Police Department Gwen Bevill Library .Jason McCaffity Police Department Stan Roundtree—Street Department Disposition by Council: CITY OF KENNEDALE,TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: DECEMBER 13, 2007 REGULAR ITEMS: ITEM NUMBER: VIII—m MOTION: COUNCIL MEMBERS MOTIODL, SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL Vol- ORDINANCE/RESOLUTION NO. CARRIED CONTRACT/AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: