CONFIDENTIAL Packet - comp
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING | JULY 20, 2021 AT 5:30 PM
CITY HALL COUNCIL CHAMBERS | 405 MUNICIPAL DRIVE, KENNEDALE, TX 76060
MEMBERS OF THE PUBLIC MAY JOIN IN PERSON OR
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I. CALL TO ORDER
To address the City Council regarding an agenda item, submit a ‘Request to Speak’ form before the meeting
begins. Speakers are allotted three (3) minutes, must limit their comments to the subject indicated on the form,
and should address the Council as a whole, rather than individual Councilmembers or staff.
II. WORK SESSION
A. WORK SESSION REPORTS
1. Presentation by City of Arlington staff regarding current status of the Sublett Road project
2. Safe Routes to School (SRTS) update and discussion regarding remaining project costs
3. Presentation and discussion regarding Senior Center reopening plan and staffing options
4. Presentation by potential purchasers and developers of the Texas Raceway property
B. REQUESTS FOR CLARIFICATION OF ITEMS LISTED ON THE AGENDA
III. REGULAR SESSION
A. ROLL CALL
B. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE U.S. AND TEXAS FLAGS
C. VISITOR AND CITIZEN FORUM
At this time, any person may address the Council about items not on the agenda. Rules and procedures for addressing
the Council are included under "I. CALL TO ORDER". Neither formal action nor discussion may occur at this time. Those
wishing, instead, to speak on an agenda item should indicate their desire to speak as the Council considers that item.
D. REPORTS AND ANNOUNCEMENTS
In addition to any items below, the Mayor and Council may give or receive reports regarding items of community
interest, including, but not limited to, recognition of officials, citizens, staff, or departments; information regarding holiday
schedules; and upcoming or attended events.
1. Updates from the City Council
2. Updates from the Mayor
• Proclamation for National Night Out (NNO) on Tuesday, August 3, 2021
3. Updates from the Interim City Manager
4. Financial Reports for the City and the EDC
5. Schedule of Investment Activity for quarter ending June 30, 2021
E. CONSENT AGENDA
These matters have appeared on previous agendas, require little or no deliberation, or are considered routine or
ministerial tasks. If discussion is desired, items may be removed for separate consideration.
1. Authorize staff to execute an agreement with North Central Texas Council of Governments
(NCTCOG) for the acceptance of a grant
2. Consider approval of an Ordinance amending the senior and disabled discount provisions
of the current water/sewer rate ordinance by extending discounts to a surviving spouse for
the remainder of the fiscal year
3. Consider authorizing the Interim City Manager to enter into a Professional Services
Agreement (PSA) with Shield Engineering for engineering design and services related to
the Safe Routes to School (SRTS) Program
F. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Authorize the Interim City Manager to prepare bidding documents and publish notice for the
sale of 5412 Kennedale Street
2. Consider authorizing the Interim City Manager to execute Change Order No. 1 for Inland
Pipe Rehabilitation, submitted by IPR SC in the amount of 23,517.37 whic h is part of
the Crestdale sanitary sewer improvements
3. Consider authorizing the Interim City Manager to execute a pay estimate to PM
Construction & Rehab, LLC, in the amount of $60,525.00 for the Crestdale sanitary sewer
improvements
4. Consider approval of a Resolution authorizing publication of notice of intention to issue
Certificates of Obligation to finance street, sidewalk and related drainage improvements at
various locations in the City and the acquisition of public safety vehicles and equipment
G. PUBLIC HEARINGS
IV. EXECUTIVE SESSION
The City Council reserves the right to meet in Executive Session at any time during this meeting pursuant to the
below cited sections of the Texas Government Code:
A. PURSUANT TO §551.071 — 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 of any item posted on the
agenda, legal issues regarding the Open Meetings Act, and the following:
1. Chapter 380 and Economic Development Corporation Agreement between the City of
Kennedale, the Kennedale Economic Development Corporation, and Karmali Holdings, Inc.
2. City of Kennedale v. James Coyel
3. Kennedale TownCenter agreements and assessments
4. 800 W Kennedale Parkway
5. Separation Agreement with George Campbell
6. Salvage yards and special exception/special use permits
B. PURSUANT TO §551.072 — Deliberation regarding the purchase, exchange, lease, or value of
real property:
1. Chapter 380 and Economic Development Corporation Agreement between the City of
Kennedale, the Kennedale Economic Development Corporation, and Karmali Holdings, Inc.
2. 5412 Kennedale Street
C. PURSUANT TO §551.074 — Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee: or to hear a
complaint or charge against an officer or employee; and the following:
1. City Manager
2. Public Works Director
3. Community Development Director
4. City Council Place 4
D. PURSUANT TO §551.087 — (1) Deliberation regarding commercial or financial information that
the governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body and with
which the governmental body is conducting economic development negotiations; or (2) to
deliberate the offer of a financial or other incentive to a business prospect described by
Subdivision (1):
1. Chapter 380 and Economic Development Corporation Agreement between the City of
Kennedale, the Kennedale Economic Development Corporation, and Karmali Holdings, Inc.
2. Kennedale TownCenter
V. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED
VI. ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), the City of Kennedale will provide for reasonable
accommodations for persons attending meetings. This facility is wheelchair accessible and accessible parking spaces
are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meeting by
calling 817-985-2104 or (TTY) 1-800-735-2989.
CERTIFICATION
I DO HEREBY CERTIFY THAT THE JULY 20, 2021 KENNEDALE CITY COUNCIL AGENDA WAS POSTED INSIDE THE MAIN ENTRANCE
OF CITY HALL (405 MUNICIPAL DRIVE), IN A PLACE CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL PUBLIC AT ALL
TIMES; AND THAT SAID AGENDA WAS POSTED AT LEAST SEVENTY-TWO (72) HOURS PRECEDING THE SCHEDULED TIME OF SAID
MEETING, IN ACCORDANCE WITH CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
_____________________________
LESLIE E. GALLOWAY, CITY SECRETARY
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.1.
SUBJECT
Presentation by City of Arlington staff regarding current status of the Sublett Road project
ORIGINATED BY
Leslie E. Galloway, Temporary Interim City Manager
SUMMARY
Sabino Martin, Civil Engineer for the City of Arlington Public Works and Transportation Department, will provide a brief
update of the roadway project planned to address the bridge on Sublett Road just east of the Kennedale city limits to
Joplin Road. The attached plans were provided to staff by the City of Arlington in January 2020. Current plans and
expected timelines will be included in this presentation.
RECOMMENDATION
ATTACHMENTS
1.Sublett Plans (From January 2020)Sublett Plans (From January 2020).pdf
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.2.
SUBJECT
Safe Routes to School (SRTS) update and discussion regarding remaining project costs
ORIGINATED BY
Leslie E. Galloway, Temporary Interim City Manager
SUMMARY
As the Council will recall, this item appeared on the June 15 regular meeting agenda, but was not heard. At this time,
Shield Engineering staff will give an overview of the effort and funding dedicated to Safe Routes to School (SRTS)
thus far and what is required to proceed with the project and take advantage of a match of as much as 80% of
approved project costs via TxDOT.
Thus far, the City has paid Shield $37,412.50 for a design survey, NCTCOG submittal assistance and coordination,
and conceptual drawings. Preliminary engineering costs were paid from the Streets Fund. From the 2018 Tax Note
issuance, the remaining ~$499,000 is earmarked for SRTS and the TxDOT Bridge/New Hope Road Project. As noted
in an email to the Council on July 12, 2021, the Council can reprioritize those earmarked project(s) supported by this
debt, if desired.
There is an action item on this agenda for Council to consider an agreement with Shield Engineering to finalize the
construction plans and environmental review at a cost of $103,250. Items that must be completed and supplied to
TxDOT to move forward include a Project Information Form (PIF), a Special Approval Form (SPA), a Project
Personnel Form, and a project map. These required documents appear on this agenda under Consent.
TxDOT recently confirmed that the project had been approved for up to 80% of the $960,604 of the (previously
approved) construction cost. This leaves the City's matching portion at an estimated $192,120.80 (plus any overages
and engineering fees already paid). Costs outside of the construction costs (which must be provided by the City)
include those related to inspection and management the project, acquirement of any necessary right of way (ROW), .
Estimates for those amounts were not available at the time of packet creation, but staff will provide them to the
Council as soon as possible.
Plan and engineering review by TxDOT will also incur some additional fees. Before TxDOT can begin review of the
plans, there are two forms that must be completed. Either the designated Responsible Person In Charge (RPIC) or
the Project Manager (either of which would be City employees) is required to complete the TxDOT Class LG (Local
Government) 101 to qualify for participation in the program. Interim City Manager Leslie Galloway is prepared to
register for and attend this class on July 28 and 29 if the Council approves the related items on this agenda and/or
indicates a desire to move forward.
It is staff's understanding that the City still has an opportunity to take advantage of this 80% match from TxDOT.
Council discussion and direction is respectfully requested.
RECOMMENDATION
Staff would recommend approval of this item via the Consent Agenda for this meeting.
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.3.
SUBJECT
Presentation and discussion regarding Senior Center reopening plan and staffing options
ORIGINATED BY
Amanda King, Library Director
SUMMARY
Prior to the COVID-19 crisis, staff evaluated the management of the Senior Center under the previous contractor –
Sixty & Better – in light of increased complaints from program members regarding service levels and staffing. There
were also complaints regarding the condition of the facility, which is City-owned, that were similarly evaluated. During
the COVID-19 facility closure (aimed at protecting the health of seniors in our community) Sixty & Better announced
that it would no longer provide food service under the existing contract for at least the next three years.
This information along with rising numbers of complaints from members and budgetary considerations led staff to
terminate the contract with Sixty & Better and bring Senior Center services in-house under the direction of existing
Library staff. The goal was to reopen this facility safely and in a more functional form that could provide the service
our seniors deserve. The shutdown also provided fiscal savings during FY2021.
After the contract with Sixty & Better ended on September 30, 2020, Library staff partnered with Meals on Wheels
(MOW) of Tarrant County and KPD to deliver weekly food care packages to Kennedale seniors. Weekly calls were
also made by staff at both the Library and MOW to check on recipients’ well-being. Kennedale Senior Center
members (for which staff had a working telephone number) consistently received three points of contact each week.
After six months of thoroughly examining service levels at this facility, staff has identified four areas in need of
improvement. As the closure continued and budget savings were realized, the City Manager proposed and the
Council approved and funded a partial remodel of the Senior Center that specifically focused on ADA accessibility in
the restrooms.
CURRENT COMMUNITY NEEDS & OPPORTUNITIES FOR SERVICE
Staff would prefer to see the Senior Center reopen with the following:
Professional Staffing for both the Senior Center and the Library: Currently, the budget would require that
the Library and the Senior Center share part-time employees to cover a total of 44 hours per week at two
separate facilities. The current Library staffing levels (3.5 FTE) makes this difficult – if not impossible.
Additionally, the loss of community support structures during the pandemic has led to service requests
(received not only at the Library and Senior Center but also by Police and Fire) becoming increasingly
complex, urgent, and social work-focused. Residents – especially those 60 and older – are reaching out to
City staff across all departments at higher rates. Staff continues to be dedicated to responding but are limited
by time, resources, and lack of appropriate training. At this time, staff would respectfully ask the Council to
consider the need for additional staffing – specifically, the addition of a professional trained in social services
who could serve as something of a floating resource to any department that might encounter residents with
critical needs.
Safe and Healthy Food Service: Elder food security is the most critical service provided by the Senior
Center. At times, previous contractors have provided low-cost meals by offering unpalatable food prepared by
prisoners. Kennedale seniors need, instead, a variety of health-conscious, freshly-prepared foods to choose
from that will keep them strong and increase their likelihood of regularly attending the center – thus, offering
staff more opportunities to enrich their lives via programming and fellowship with their peers.
Reliable Transportation: Our Senior Center is fortunate enough to have access to a bus for transporting
members to and from the facility. To fully maximize the benefit of that resource, a driver who could provide
safe and reliable transportation is needed.
Enrichment Programming Budget: Engaging seniors through physical and mental exercises keeps them
healthy and active members in our community. Under the previous contract, seniors were expected to
fundraise when they could have been focusing on their health and families. A fully-funded budget would
remove that burden.
STAFF RECOMMENDATION
Convert PT Library Clerk role to FT Social Worker who would:
o Plan and coordinate robust programming for the Senior Center
o Serve as a Community Engagement Specialist for programs like the Youth Advisory Council (YAC),
Bark in the Park, the Christmas Tree Lighting, and Trunk-or-Treat
o Split desk coverage between the Senior Center and the Library
o Offer support to the Police and Fire Departments in special cases
Allocate Funding For On-Site Food Preparation and Hire a PT Line Cook who would:
o Plan nutritious and varied menus
o Prepare meals and provide clean-up services
o Serve as a second staff member in facility during operating hours (in accordance with staff safety
standards)
Facilitate HandiTran Service for Members when viable and Allow the Social Worker to Drive Bus as
Needed
Establish a Dedicated Budget for the Provision of Robust Programming
o Bingo and Other Communal Games and Activities
o Exercise and Health Instruction
o Crafts and Hobby Development
o Field Trips
The above recommendations would provide critical departmental and community support to and through the
following departments: Police, Fire, Library, Senior Center (and Senior Board), and City Secretary
FY22 Library Budget Baseline w/o additional new programs: ~ $296,500 [FY 21 Approved $275,755]
FY22 Senior Center Budget Baseline w/o additional new programs: ~ $92,400 [FY 21 Approved $38,376*]
*Note: This budget year reflected the cancellation of the Sixty & Better Contract due to the COVID-19 facility closure. With the
inclusion of that $30,000 annual contract, the baseline approved budget would have been approximately $68,376.
RECOMMENDATION
Staff recommends option B (from the presentation) with a FY22 budgetary increase of $59,588 (over the FY21 facility
budget of $38,376). However, no matter which option proves most feasible, staff looks forward to welcoming our
Senior Center membership back into the facility.
ATTACHMENTS
1.SC PRESENTATION - PACKET SC PRESENTATION - PACKET.pdf
7/16/2021
1
HISTORY OF THE CENTER
Original
contract with
Senior Citizen
Services of
Greater Tarrant
County (SCSTC)
1988
ca.1994: City of
Kennedale builds
Senior Center
facility
1994
(SCSTC)
rebrands as
Sixty & Better
2017
COVID-19 closure
and at-home
meal delivery
began via KFD
Mar. 2020
Sixty & Better
does not secure
funding for
congregate
meal services
Aug. 2020
City staff takes
over services and
management
Oct. 2020
Library secures
Meals on
Wheels (MOW)
food delivey via
KPD
Oct. 2020
Renovations for
ADA compliance
May 2021
Presentation to
Council
regarding
reopening the
facility
July 2021
CONTRACTED SERVICES RECENT SERVICE LEVEL
Qualified Staffing Dedicated part-time director
Engaging Programming
Funded by Sixty & Better
Volunteers and businesses
sponsoring programs
Supplies for Programming
Expectation for members to fundraise;
At some point, an unsanctioned decision was
made by an SCSTC employee to accomplish
this via rental of this City-owned facility
Nutritious Meals Many members described food as
unpalatable; Attendance dropped
Office / Filing 75% of staff time devoted to paperwork
SIXTY & BETTER
APPROXIMATE ANNUAL SIXTY & BETTER CONTRACT COST: $30,000
The recent reorganization of Sixty & Better makes it a
non-viable option to adequately service the needs of our seniors.
2
3
7/16/2021
2
Promised Reality
Free Frozen Meals and Fresh Produce
provided via “Grab & Go” Program
Inconsistent policies and procedures;
15+ hours of staff time required for related
paperwork; Insufficient meals supplied to
fulfill orders in our community
MOW Hot Meal Service
MOW volunteers faithfully delivered
hot meals consistently
Supplemental Meal Delivery MOW staff provided inconsistent deliveries
to members outside of Kennedale
MEALS ON WHEELS
From October through July, Kennedale has expended approximately $10,125 in staff labor
in exchange for an estimated $8,180 in free food (about 100 meals per week).
Staff does not recommend continuing MOW food service in the center.
STAFFING
PT Line Cook providing a varied and nutritious menu
Social Worker/Community Engagement Specialist
focusing on seniors’ unique needs
and partnering with first responders to
help at-risk populations identify resources
FOOD SECURITY AND
SENSE OF COMMUNITY
Providing a place for seniors to gather
for fellowship and a nutritious meal
TRANSPORTATION
Offering bus rides to the center and
facilitating Handi-Tran rides
ENRICHMENT PROGRAMMING
RECOMMENDED SERVICE LEVELS
4
5
7/16/2021
3
PATHS TO REOPENING
Option A Option B
(Staff Recommendation)
Option C
Added costs Continue with MOW ($0)
PT Staff ($20k)
Minimal Programming ($5k)
= $25,000
(Temporary) PT Line Cook
($15,600) + Food ($10,000)
Community Engagement Specialist
(Split w/Library) ($28,988)
Robust Programming ($5,000)
= $59,588
Catering Daily ($26,000 - $62,400)
Community Engagement
Specialist (Split Cost w/Library)
($28,988)
Robust Programming ($5,000)
= $59,988 to
$96,388
Benefits •Allows re-opening of the
facility at familiar service levels
•Small savings compared to
FY20
•Allows Staff to pursue
partnership with KISD Culinary
program, possibly saving
~$15,600
•First responder liaison
•City staff leverages partnerships
into grants funding opportunities.
•First responder liaison
•City staff leverages partnerships
into grants funding
opportunities.
•Streamlined staffing model
Challenges •Less staff time available to
focus on members
•Fewer programs
•Food complaints
•No transportation
•Securing the KISD partnership
•Building Back Community Trust
•Re-creating a safe space for
Seniors
•Most costly food delivery
•Building Back Community Trust
•Re-creating a safe space for
Seniors
Option D Fund Nothing and Keep the Center Closed
Option E Repurpose the Building: Rental Income: $162,000/year; or Sell Building: ~$1.4 Million
SENIOR CENTER BASE BUDGET (FY21): $38,376
The Senior Center has a 27-year history in the current facility
Recent investments of $50,000 made the center ADA compliant
Kennedale residents show a desire to care for our seniors
Following a 10-month comprehensive review, meetings with
the Senior Board, and informal discussions with members,
Staff recommends Option B to strengthen the community
Staff looks forward to implementing Council’s decision to
reopen this facility and resume service to our seniors
SUMMARY
6
7
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.4.
SUBJECT
Presentation by potential purchasers and developers of the Texas Raceway property
ORIGINATED BY
Leslie E. Galloway, Temporary Interim City Manager
SUMMARY
There is currently an interest in purchasing, rezoning, and redeveloping the Texas Raceway property. Staff met with
the development team on Monday June 28 and was provided with the attached preliminary drawings for a four-
phased neighborhood on 108 acres. The team includes: Jacob Sumpter of mma (who was also involved in the
Moderno development on New Hope) (purchasing agent), Doug Skomer of Graham Hart (builder), and Gary Knott of
Double Eagle Real Estate Holdings (developer).
Again, the attached is not a site plan but a preliminary idea of what the neighborhood layout could resemble. A case
for a rezoning of the property is expected to be heard by the P&Z Commission in August and then move on for
consideration by Council. If the property is rezoned, the property sale is expected to occur and then actual technical,
architectural, and engineering work and neighborhood, infrastructure, and home design would begin. The property is
currently a mix of commercial (majority) and residential zonings. The request is for R-4.
Council is not considering any action at this time. This is merely an informational item.
RECOMMENDATION
None
ATTACHMENTS
1.Kennedale Raceway-Master Plan Phasing2 copy -
PROPOSAL ONLY
Kennedale Raceway-Master Plan Phasing2 copy -
PROPOSAL ONLY.pdf
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM III.D.1.
SUBJECT
Updates from the City Council
ORIGINATED BY
George Campbell, City Manager
SUMMARY
Updates and information from each of the Councilmembers, if any.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM III.D.2.
SUBJECT
Updates from the Mayor
• Proclamation for National Night Out (NNO) on Tuesday, August 3, 2021
ORIGINATED BY
Leslie E. Galloway, Temporary Interim City Manager
SUMMARY
Updates and/or Proclamations from Mayor Linda Rhodes, if any.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM III.D.3.
SUBJECT
Updates from the Interim City Manager
ORIGINATED BY
Leslie E. Galloway, Temporary Interim City Manager
SUMMARY
Updates and information from Interim City Manager Leslie Galloway, if any.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM III.D.4.
SUBJECT
Financial Reports for the City and the EDC
ORIGINATED BY
Lakeita Sutton, Director of Finance and Information Technology
SUMMARY
Director of Finance and Information Technology Lakeita Sutton will discuss highlights, if any, and be available
to answer questions from the Council.
RECOMMENDATION
ATTACHMENTS
1.2021_6 Monthly Financials 2021_6 Monthly Financials.pdf
Budget AMENDED Actual
Actual
Budget %
7,314,655$ 7,671,485$ 7,314,988$ 95.4%
Budget AMENDED Actual
Actual
Budget %
7,624,096$ 8,414,151$ 5,849,946$ 69.5%
Budget AMENDED Actual
Actual
Budget %
877,615$ 877,615$ 614,795$ 70.1%
Budget AMENDED Actual
Actual
Budget %
1,015,670$ 1,063,216$ 614,548$ 57.8%
Budget AMENDED Actual
Actual
Budget %
4,447,316$ 4,447,316$ 3,324,734$ 74.8%
Budget AMENDED Actual
Actual
Budget %
4,504,700$ 4,506,554$ 2,804,525$ 62.2%
Budget AMENDED Actual
Actual
Budget %
323,152$ 323,152$ 199,466$ 61.7%
Budget AMENDED Actual
Actual
Budget %
561,929$ 565,644$ 104,640$ 18.5%
PAGE 1
EXPENDITURES
WATER/SEWER FUND
WATER/SEWER FUND
STORMWATER FUND
STORMWAER FUND
REVENUES
EXPENDITURES
REVENUES
STREETS FUND
STREETS FUND
GENERAL FUND
REVENUES
GENERAL FUND
FOR THE MONTH ENDED JUNE 30, 2021
Revenues & Expenditures - Budget & Actual Summary
REVENUES
EXPENDITURES
EXPENDITURES
75.0%
M-T-D Y-T-D Y-T-D
REVENUES Adopted Budget Amended
Budget Jun-21 Jun-21 %
Budget Jun-21 %
Budget Original Budget Amended
Budget
M-T-D
JUN-20
Y-T-D
JUN-20
Y-T-D
% Budget
Property Taxes 4,629,418$ 4,808,157$ 126,343$ 4,875,994$ 91.0%3,472,064$ 75.0%4,210,532$ 4,210,532$ 126,767$ 4,375,261$ 115.8%
Sales / Beverage Tax 1,438,404 1,580,632 159,105 1,109,884 65.3%1,078,803 75.0%1,402,458 1,369,909 144,235 1,032,809 81.0%
Grants / Contributions 65,000 65,000 1,750 164,793 154.7%48,750 75.0%85,100 147,445 - 100,567 111.8%
Licenses / Permits 191,605 282,485 74,880 463,786 64.2%143,704 75.0%175,070 153,360 39,286 181,291 302.4%
Fines / Fees 106,718 63,718 5,190 51,696 122.7%80,039 75.0%179,700 105,300 3,443 78,162 49.1%
Charge for Services 205,500 205,500 35,701 201,837 69.4%154,125 75.0%181,225 193,225 15,443 142,663 104.5%
Investment Earnings 24,017 12,000 44 1,219 179.9%18,013 75.0%24,017 24,017 511 21,586 5.1%
Miscellaneous Income 5,250 5,250 50 20,695 386.9%3,938 75.0%5,500 5,500 953 20,311 376.3%
Intergovernmental 647,243 647,243 39,341 380,832 63.8%485,432 75.0%652,475 652,475 44,557 413,217 58.4%
Surplus / Sales Rentals 1,500 1,500 310 44,252 118.4%1,125 75.0%3,500 3,500 - 1,776 1264.3%
Total Revenues 7,314,655$ 7,671,485$ 442,714$ 7,314,988$ 95.4%5,485,991$ 75.0%6,919,577$ 6,865,263$ 375,195$ 6,367,643$ 92.8%
EXPENDITURES
City Manager 316,473$ 321,424$ 27,747$ 218,923$ 68.1%237,355$ 75.0%323,076$ 323,076$ 24,357$ 237,528$ 73.5%
Mayor and City Council 140,525 140,525 10,441 58,785 41.8%105,394 75.0%186,444 186,444 12,242 94,924 50.9%
City Secretary 175,454 183,777 13,852 96,647 52.6%131,591 75.0%179,811 178,540 9,504 100,802 56.5%
Municipal Court 98,215 103,477 10,309 67,409 65.1%73,661 75.0%112,701 111,868 12,905 80,502 72.0%
Human Resources 125,229 135,211 18,204 90,810 67.2%93,922 75.0%132,128 132,129 8,842 81,233 61.5%
Finance 438,148 464,564 32,827 328,408 70.7%328,611 75.0%393,017 389,826 37,121 301,896 77.4%
Police 2,660,845 2,988,696 418,488 2,132,306 71.3%1,995,634 75.0%2,563,035 2,499,599 255,342 1,647,619 65.9%
Police SRO 178,016 208,698 33,295 132,025 63.3%133,512 75.0%156,513 156,513 12,625 124,714 79.7%
Fire 2,208,977 2,492,360 326,261 1,575,228 63.2%1,656,733 75.0%2,386,910 2,203,129 157,029 1,258,312 57.1%
Community Development 387,924 412,959 55,135 351,714 85.2%290,943 75.0%465,735 438,146 28,466 295,877 67.5%
Senior Citizen Center 38,376 88,376 1,379 12,225 13.8%28,782 75.0%63,376 63,376 2,113 33,261 52.5%
Library 275,755 293,925 30,048 182,331 62.0%206,816 75.0%305,042 275,895 18,834 186,320 67.5%
Non-Departmental 580,159 580,159 135,796 603,135 104.0%435,119 75.0%514,734 564,058 16,724 440,261 78.1%
Total Expenditures 7,624,096$ 8,414,151$ 1,113,782$ 5,849,946$ 69.5%5,718,072$ 75.0%7,782,522$ 7,522,599$ 596,104$ 4,883,249$ 64.9%
Total Revenues Over (Under) Exp (309,441)$ (742,666)$ (671,068)$ 1,465,042$ (232,081)$ (862,944)$ (657,336)$ (220,909)$ 1,484,394$
Other Financing Sources (Uses):
Non-cash Transactions:
Capital lease proceeds
Capital expenditures
Transfers In (Out):
Net Change in Fund Balance (309,441)$ (742,666)$ 1,465,042$ (862,944)$ (657,336)$
Total Unassigned Fund Balance - BOY 940,257 2,453,218 2,453,218 1,480,503 1,597,593
Ending Fund Balance Sept. 30 630,816$ 1,710,552$ 3,918,260$ 617,559$ 940,257$
Less: Commitments for Specific Use -
Less: Assigned for Specific Use - -
Ending Fund Balance - Unassigned 630,816$ 1,710,552$ 3,918,260$ 617,559$ 940,257$
AVERAGE DAILY EXPENDITURES 20,888 23,052 16,027 21,322 20,610
NUMBER OF DAYS IN RESERVE 30 74 244 29 46
FUND BALANCE AS A % OF EXPENDITURES 8.3%20.3%67.0%7.94%12.50%
PAGE 2
FY 2020-21 WITH PRIOR YEAR COMPARISON
FOR THE MONTH ENDED JUNE 30, 2021
GENERAL FUND
FY 2019-2020FY 2020-2021 FY 2019-2020FY 2020-2021
BUDGET
CURRENT FISCAL YEAR
ACTUAL BUDGETPROJECTED
PRIOR FISCAL YEAR
FY ACTUAL
75.0%
M-T-D Y-T-D Y-T-D
REVENUES
Original
Budget
Amended
Budget Jun-21 Jun-21
%
Budget Jun-21
%
Budget
Original
Budget
Amended
Budget
M-T-D
JUN-20
Y-T-D
JUN-20
Y-T-D
% Budget
Frachise Fees Telephone 36,256$ 36,256$ 200$ 9,758$ 26.9%27,192$ 75.0%36,622$ 36,622$ 5,071$ 14,612$ 40%
Frachise Fees Garbage 68,607 68,607 6,813 53,046 77.3%51,455 75.0%69,300 69,300 9,083 48,934 71%
Franchise Fees Gas 64,469 64,469 - 56,148 87.1%48,352 75.0%65,120 65,120 - 58,348 90%
Franchise Fees Electricity 312,427 312,427 - 234,686 75.1%234,320 75.0%315,583 315,583 98,415 247,224 78%
Franchise Fees Cable 53,906 53,906 96,868 20,454 37.9%40,430 75.0%54,450 54,450 8,675 26,556 49%
Franchise Fees Water Sew 311,312 311,312 25,943 233,484 75.0%233,484 75.0%267,106 267,106 22,258 200,329 75%
Investment Income 6,930 6,930 2 80 1.2%5,198 75.0%7,000 7,000 59 2,937 42%
TexDot Connecting Kennedale - -
Misc. Income 303 824 250 845
Admin Charge - Stormwater 19,995 19,995 0.0%14,996 75.0%19,995 19,995 0%
Park Pavilion Rental 3,663 3,663 330 2,425 66.2%2,747 75.0%3,700 3,700 (125) 370 10%
Ballfield Rental 50 50 - 50 38 75.0%50 50
Sale of Parts/Assets - 3,840 -
Transfer In Park Dedication -
Transfer In TIF Fund -
Transfer In Donation Fund -
Total Revenues 877,615$ 877,615$ 130,459$ 614,795$ 70.1%658,211$ 75.0%838,926$ 838,926$ 143,686$ 600,155$ 72%
EXPENDITURES
Street Maintenance 868,448$ 915,994$ 77,849$ 583,833$ 63.7%651,336 75.0%850,176$ 849,397$ 75,076$ 539,697$ 64%
Park Maintenance 122,920 122,920 4,613 30,715 25.0%92,190 75.0%122,920 122,920 10,419 57,369 47%
Capital Projects 24,302 24,302 18,227 75.0%79,057 79,058
Total Expenditures 1,015,670$ 1,063,216$ 82,462$ 614,548$ 60.5%761,753$ 75.0%1,052,153$ 1,051,375$ 85,495$ 597,066$ 57%
.
Total Revenues Over (Under) Exp (138,055)$ (185,601)$ 47,997$ 247$ (103,541)$ (213,227)$ (212,449)$ 58,191$ 3,089$
Other Funding Sources (Uses):
Non-Cash Transactions:
Capital Lease Proceeds -
Capital Expenditures -
Transfers In (Out):
Debt Service Payments -
Net Change in Fund Balance (138,055)$ (185,601)$ 247$ (213,227)$ (212,449)$
Total Unassigned Fund Balance - BOY 341,246 386,644 386,644 345,652 553,695
Ending Fund Balance Sept. 30 203,191$ 201,043$ 386,891$ 132,425$ 341,246$
Less: Commitments for Specific Use -
Less: Assigned for Specific Use -
Ending Fund Balance - Unassigned 203,191$ 201,043$ 386,891$ 132,425$ 341,246$
AVERAGE DAILY EXPENDITURES 2,226 2,362 624 2,520 1,946
NUMBER OF DAYS IN RESERVE 91 85 620 53 175
FUND BALANCE AS A % OF EXPENDITURES 20.0%18.9%63.0%12.6%32.5%
PAGE 3
STREETS FUND
FOR THE MONTH ENDED JUNE 30, 2021
FY 2020-21 WITH PRIOR YEAR COMPARISON
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
FY 2020-2021 FY 2020-2021 FY 2019-2020 FY 2019-2020
BUDGET ACTUAL PROJECTED BUDGET FY ACTUAL
75.0%
M-T-D Y-T-D Y-T-D
REVENUES
Original
Budget
Amended
Budget Jun-21 Jun-21
%
Budget Jun-21
%
Budget
Original
Budget
Amended
Budget
M-T-D
JUN-20
Y-T-D
JUN-20
Y-T-D
% Budget
Water Service 2,128,290$ 2,128,290$ 234,106$ 1,679,556$ 78.9%1,596,217.50$ 75.0%1,941,782$ 1,941,782$ 259,524$ 1,564,920$ 81%
Sewer Service 1,700,194 1,700,194 133,632 1,231,125 72.4%1,275,146 75.0%1,669,203 1,669,203 141,961 1,250,144 75%
Sewer Surcharge 2,705 2,705 2,029 75.0%11,978 11,978 - 1,989 17%
Penalties 13,231 13,231 9,923 75.0%50,873 14,450 - 9,729 67%
Administrative Fees 3,762 3,762 559 14.9%2,822 75.0%15,150 4,500 44 2,767 61%
Water Tap Fees 2,856 2,856 - 4,000 140.1%2,142 75.0%5,050 5,050 - 2,100 42%
Meter Purchase / Install 3,645 3,645 4,703 39,222 1076.0%2,734 75.0%11,933 11,933 711 2,680 22%
Sewer Tap Fees 1,768 1,768 (425) -24.0%1,326 75.0%5,050 5,050 - 1,300 26%
Engineer Review Fees 6,120 6,120 3,000 23,757 388.2%4,590 75.0%6,924 6,924 1,000 4,500 65%
Sanitation Billing Fees 15,507 15,507 1,531 11,858 76.5%11,630 75.0%16,798 16,798 3,258 11,403 68%
Other Fees Water / Sewer 1,984 1,984 - 75 3.8%1,488 75.0%10,423 10,423 - 1,459 14%
Sales Tax 139 139 12 105 75.5%104 75.0%101 101 11 102 101%
Arlington Operator Cost 354,500 354,500 31,380 193,225 54.5%265,875 75.0%300,874 49,460 227,276 76%
Investment Income 19,179 19,179 27 868 4.5%14,384 75.0%37,814 37,814 254 14,102 37%
Miscellaneous Income 4,911 4,911 165 3.4%3,683 75.0%31,718 31,718 160 283 1%
Cash Over/Under - -
Sale of Parts/Assets 1,000 1,000 750 75.0%1,010 37,750 - 37,737
Transfer In - Water Impact Fund - - - 152,524 152,525 12,710 114,394
Transfer In - Sewer Impact Fund - 60,000 35,000 - 35,000
Transfer In - Roadway Impact Fund 187,525 187,525 15,627 140,644 75.0%140,644 75.0%
Total Revenues 4,447,316$ 4,447,316$ 424,018$ 3,324,734$ 74.8%3,335,487$ 75.0%4,028,331$ 4,293,873$ 469,093$ 3,281,885$ 76%
EXPENDITURES
Utility Billing 1,460,295$ 1,460,295$ 8,712$ 823,099$ 56.4%1,095,221.25$ 75.0%1,518,390$ 1,719,049$ 127,006$ 1,133,646$ 66%
Operations 1,375,369 1,377,223 91,088 1,104,805 80.2%1,031,526.75$ 75.0%1,385,154 1,522,435 101,969 1,116,182 73%
Debt Service 358,559 358,559 330,761 92.2%268,919.25$ 75.0%354,505 354,505 320,706
Capital Projects 600,000 600,000 9,230 1.5%450,000.00$ 75.0%415,000 415,000 105,513
Non-Departmental 710,477 710,477 57,492 536,630 75.5%532,857.75$ 75.0%677,889 677,889 55,087 505,450 75%
Total Expenditures 4,504,700$ 4,506,554$ 157,292$ 2,804,525$ 62.2%3,378,525 75.0%4,350,938$ 4,688,878$ 284,062$ 3,181,497$ 68%
.
Total Revenues Over (Under) Exp (57,384)$ (59,238)$ 266,726$ 520,209$ (43,038)$ (322,607)$ (395,005)$ 185,031$ 100,388$
Other Funding Sources (Uses):
Debt Service - Bond Payments
Non-Cash Transactions:
Capital Lease Proceeds
Capital expenditures
Net Change in Fund Balance (57,384)$ (59,238)$ 520,209$ (322,607)$ (395,005)$
Total Unrestricted Fund Balance - BOY 2,076,297 2,946,002 2,946,002 1,682,545 2,471,302
Total Fund Balance - EOY 2,018,913$ 2,886,764$ 3,466,211$ -$ 1,359,938$ 2,076,297$
Less: Commitments for Specific Use - -
Less: Assigned for Specific Use - - -
Ending Fund Balance - Unrestricted 2,018,913$ 2,886,764$ 3,466,211$ -$ 1,359,938$ 2,076,297$
AVERAGE DAILY EXPENDITURES 157 162 (1,425) 884 1,082
NUMBER OF DAYS IN RESERVE 12,842 17,787 (2,432)1,539 1,919
FUND BALANCE AS A % OF EXPENDITURES 44.8%64.1%123.6%31%44%
PAGE 4
FY 2019-2020FY 2020-2021 FY 2019-2020FY 2020-2021
WATER & SEWER FUND
FOR THE MONTH ENDED JUNE 30, 2021
FY 2020-21 WITH PRIOR YEAR COMPARISON
ACTUAL PROJECTED BUDGETBUDGET
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
FY ACTUAL
75.0%
M-T-D Y-T-D Y-T-D
REVENUES
Original
Budget
Amended
Budget Jun-21 Jun-21 % Budget Jun-21 % Budget
Original
Budget
Final
Budget
M-T-D
JUN-20
Y-T-D
JUN-20
Y-T-D
% Budget
Penalties 1,200$ 1,200$ 900$ 75.0%3,200$ 3,200$ -$ 402$ 12.6%
Grant Revenue - -
Drainage Fees 320,952 320,952 21,793 199,335 62.1%240,714 75.0%297,200 265,000 22,077 188,339 71.1%
Investment Income 1,000 1,000 3 131 13.1%750 75.0%500 500 30 621 124.2%
Miscellaneous Income -
Total Revenues 323,152$ 323,152$ 21,796$ 199,466$ 61.7%242,364$ 75.0%300,900$ 268,700$ 22,107$ 189,362$ 70%
EXPENDITURES
Stormwater Utility 561,929 565,644$ 17,948$ 104,640$ 18.5%421,447$ 75.0%585,316 619,316$ 5,902$ 78,493$ 12.7%
Total Expenditures 561,929$ 565,644$ 17,948$ 104,640$ 18.6%421,447$ 75.0%585,316$ 619,316$ 5,902$ 78,493$ 13%
Total Revenues Over (Under) Exp (238,777)$ (242,492)$ 3,848$ 94,826$ (179,083)$ (284,416)$ (350,616)$ 16,205$ 110,869$
Other Financing Sources (Uses):
Capital Grant Contributions - - - - - - - -
Net Change in Fund Balance (238,777)$ (242,492)$ 94,826$ (284,416)$ (350,616)$
Total Unrestricted Fund Balance - BOY (151,838) 287,257 287,257 198,778$
Total Fund Balance - EOY (390,615)$ 44,765$ 382,083$ (151,838)$
Less: Commitments for Specific Use - - - - - -
Ending Fund Balance - Unrestricted (390,615)$ 44,765$ 382,083$ -$ (151,838)$
PAGE 5
STORMWATER FUND
FOR THE MONTH ENDED JUNE 30, 2021
FY 2020-21 WITH PRIOR YEAR COMPARISON
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
FY ACTUAL
FY 2019-2020FY 2020-2021FY 2020-2021
ACTUAL FY PROJECTED BUDGETBUDGET
FY 2019-2020
FUND FUND NAME Revenues Expenditures
Change in Fund
Balances
Fund Balance
Beginning of
Year
Fund Balance
End of Year Revenues % Budget Expenditures % Budget
Change in Fund
Balances
Fund Balance
Beginning of
Year
Y-T-D Fund
Balance
Projection
2 Debt Service Fund 1,644,815$ 1,538,873$ 105,942$ 573,006$ 678,948$ 1,601,232$ 97%1,467,911$ 95%133,321$ 573,006$ 706,327$
5 Capital Replacement Fund 98,402$ 180,414$ (82,012)$ 150,817$ 68,805$ 11,409$ 12%138,577$ 77%(127,168)$ 150,817$ 23,649$
12 Court Security Fund 2,300 - 2,300 23,864 26,164 1,305 57%- 0%1,305 23,864 25,169
16 Court Technology Fund 1,320 875 445 15,886 16,331 1,215 92%- 0%1,215 15,886 17,101
18 Juvenile Case Manager Fund 2,150 - 2,150 (10,367) (8,217) 528 25%- 528 (10,367) (9,839)
21 TIF 1 (New Hope Rd) Fund 162,734 - 162,734 (393,825) (231,091) 178,377 110%- 178,377 (393,825) (215,448)
34 Leose Fund 1,740 1,650 90 2,012 2,102 70 4%- 0%70 2,012 2,082
83 Tree Reforestation Fund 500 - 500 70,923 71,423 28 6%- 77%28 70,923 70,951
269,146$ 182,939$ 86,207$ (140,690)$ (54,483)$ 192,932$ 138,577$ 54,355$ (140,690)$ (86,335)$
4 Capital Projects Fund 83,250$ 103,157$ (19,907)$ (58,700)$ (78,607)$ 87,101$ 105%-$ 0%87,101$ (58,700)$ 28,401$
13 Capital Bond Fund 6,008,000 2,991,176 3,016,824 1,187,265 4,204,089 924 0%40,567 1%(39,643) 1,187,265 1,147,622$
14 Park Dedication Fund 800 170 630 54,885 55,515 212,356 26545%280 165%212,076 54,885 266,961$
32 Library Building Fund 160 - 160 (2,489) (2,329) 261 163%- 261 (2,489) (2,228)$
45 Roadway Impact Fee Fund 15,000 197,525 (182,525) 489,910 307,385 340,544 2270%188,099 95%152,445 489,910 642,355$
61 Water Impact Fee Fund 54,238 - 54,238 (165,667) (111,429) 165,993 306%- 165,993 (165,667) 326
62 Sewer Impact Fee Fund 18,505 - 18,505 20,306 38,811 108,821 588%- 108,821 20,306 129,127
6,179,953$ 3,292,028$ 2,887,925$ 1,525,510$ 4,413,435$ 916,000$ 228,946$ 47,458$ 1,128,565$ 1,176,023$
15 EDC 4B Fund 723,940$ 607,014$ 116,926$ 770,219$ 887,145$ 560,367$ 77%467,779$ 77%92,588$ 770,219$ 862,807$
723,940$ 607,014$ 116,926$ 770,219$ 887,145$ 560,367$ 467,779$ 92,588$ 770,219$ 862,807$
30 Hotel/Motel Tax Fund 5,050$ -$ -$ 5,927$ 5,927$ 5,341$ -$ 5,341$ 5,927$ 11,268$
35 Disaster Recovery Fund - - - - - 70 75,706 -$ -$ -$
5,050 - - 5,927 5,927 5,411 75,706 5,341 11,268$
PAGE 6
OTHER FUNDS: MONTHLY FINANCIALS
FOR THE MONTH ENDED JUNE 30, 2021
BUDGET Y-T-D ACTUAL
SPECIAL REVENUE FUNDS
EDC 4B FUNDS
CAPITAL FUNDS
OTHER GENERAL FUNDS
DEBT SERVICE FUND
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM III.D.5.
SUBJECT
Schedule of Investment Activity for quarter ending June 30, 2021
ORIGINATED BY
Lakeita Sutton, Director of Finance and Information Technology
SUMMARY
In accordance with Public Funds Investment Act (PFIA), investments are reported to the City Council quarterly. The
attached report covers the second quarter of FY20–21. Staff will be available to answer questions.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM III.E.1.
SUBJECT
Authorize staff to execute an agreement with North Central Texas Council of Governments (NCTCOG) for the
acceptance of a grant
ORIGINATED BY
SUMMARY
The attached documents would allow staff to accept a grant secured by staff from the North Central Texas Council of
Governments (NCTCOG) that would provide 25% of approved costs related to the purchase of a new fire engine.
RECOMMENDATION
ATTACHMENTS
1.Please_DocuSign_City_of_Kennedale_CFNT_Agree Please_DocuSign_City_of_Kennedale_CFNT_Agree.pdf
CASH AND INVESTMENT REPORT
As of June 30, 2021
Page 1
Fund Apr-21 May-21 Jun-21
01- General Fund 4,670,289.43$ 4,612,639.73$ 4,027,246.60$
02- Debt Service Fund 576,708.99$ 586,132.89$ 627,694.52$
04- Capital Project Fund 162,598.67$ 176,437.23$ 188,358.67$
05- Capital Replacement Fund 13,886.12$ 257.22$ (11,842.21)$
07- Storm Drainage Utility Fund 347,007.86$ 362,767.74$ 364,076.67$
10- Water/Sewer Fund 2,457,405.37$ 2,588,260.80$ 2,760,599.12$
12- Court Security Fund 23,981.50$ 24,323.83$ 24,533.83$
13-CIP Tax Note 2,312,338.76$ 2,304,349.02$ 2,304,371.80$
14- Park Dedication Fund 272,881.15$ 300,483.45$ 313,686.48$
15- Economic Development Fund 801,728.13$ 867,373.65$ 920,378.01$
16- Court Technology Fund 13,218.91$ 13,534.70$ 13,718.33$
17- Streets Improvement Fund 192,093.51$ 168,928.90$ 220,696.17$
18- Juvenile Case Manager Fund 7,850.64$ 7,985.57$ 8,034.86$
21- TIF #1 New Hope Fund 309,410.58$ 309,413.06$ 487,671.06$
30- Hotel/Motel Tax Fund 18,676.93$ 18,677.08$ 18,677.26$
31- Police Seizure 662.90$ 662.91$ 662.92$
32- Library Building Fund (2,165.29)$ (2,131.04)$ (2,099.29)$
34- LEOSE Fund 3,585.92$ 3,585.95$ 1,885.98$
35-Disaster Recovery Fund 787.30$ 787.30$ 787.30$
41- Park Rec/Other Donation Fund 33,187.23$ 33,075.44$ 33,003.15$
45- Roadway Impact Fee Fund 332,152.69$ 369,356.89$ 383,498.98$
61- Water Impact Fee Fund (20,015.13)$ 14,185.87$ 33,386.87$
62- Sewer Impact Fee Fund 116,703.15$ 141,544.19$ 157,422.67$
83- Tree Reforestation Fund 71,049.69$ 71,050.26$ 71,050.96$
85- Unclaimed Property Fund 1,990.24$ 1,990.24$ 1,990.24$
95- EDC Reserve Fund 125,715.86$ 125,716.87$ 125,718.12$
TOTAL ALL FUNDS 12,843,731.11$ 13,101,389.75$ 13,075,209.07$
CASH BREAKDOWN BY FUND
CITY OF KENNEDALE, TEXAS
INVESTMENT REPORT
FOR QUARTER ENDING JUNE 30, 2021
The Quarterly Investment Report provides the City's investment portfolio position as of the report period indicated
above.Funds are invested in accordance with the City of Kennedale Investment Policy,as originally adopted on
September 13, 2001 and most recently reviewed and adopted in June of 2018.
SUMMARY OF INVESTMENTS FOR THE QUARTER
100%of the City of Kennedale's investments are owned by the Pooled Cash Fund.As of the reporting quarter,
93.88%of the City's investments are in investment pools,and 6.12%are invested in money market savings
accounts.
INVESTMENT STRATEGIES
The City's main objectives in managing the portfolio are as follows: suitability, preservation & safety of principal,
liquidity, marketability, diversification, and yield.
INVESTMENT PORTFOLIO ALLOWABLE BREAKDOWN
Certificates of Deposit (50%), Investment Pools (100%)* , Money Market Mutual Funds (100%)*, Repurchase
Agreements (50%)*, Government Obligations (25%), US Treasury & US Agency Callables (25%), US Government
Agencies & Instrumentalities (100%), and US Treasury Notes/Bills (100%)
*(no more than 50% in any individual pool, fund, or repurchase agreement)
Bank Account
March 31, 2021
GL Balance
March 31, 2021
Ending Bank
Balance
Add: April
Deposits
Less: April
Withdrawals
Add: April
Interest
Add: May
Deposits
Less: May
Withdrawals Add: May Interest
Add: June
Deposits
Less: June
Withdrawals
Add: June
Interest
June 30, 2021
Ending Bank
Balance
Ending GL
Balance
Unreconciled
Difference
Consolidated Cash 1,049,815.30$ 1,049,815.30$ 1,057,468.44$ (1,109,645.62)$ 1,151,685.95$ (917,477.73)$ 966,129.00$ (1,277,469.64)$ 920,505.70$ 920,505.70$ -$
Payroll Clearing 0.00$ 0.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0.00$ 0.00$ -$
Section 125 Flex -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Health Reimbursement -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Employee Health Benefit Trust 40.53$ 40.53$ 17,224.95$ (17,224.44)$ 0.51$ 42,215.10$ (42,213.81)$ 1.29$ 43,716.57$ (43,715.06)$ 1.51$ 43.84$ 43.84$ -$
TOTAL WELLS FARGO ACCOUNTS 1,049,855.83$ 1,049,855.83$ 920,549.54 920,549.54 -
Bank Account
March 31, 2021
GL Balance
March 31, 2021
Ending Bank
Balance
Add: April
Deposits
Less: April
Withdrawals
Add: April
Interest
Add: May
Deposits
Less: May
Withdrawals Add: May Interest
Add: June
Deposits
Less: June
Withdrawals
Add: June
Interest
June 30, 2021
Ending Bank
Balance
Ending GL
Balance
Unreconciled
Difference
Consolidated Cash 346,419.25$ 346,419.25 3.16$ -$ -$ 2.85$ -$ -$ 2.74$ 346,428.00$ 346,428.00$ -$
TOTAL TEX STAR ACCOUNTS 346,419.25$ 346,419.25$ 346,428.00 346,428.00 -
Bank Account
March 31, 2021
GL Balance
March 31, 2021
Ending Bank
Balance
Add: April
Deposits
Less: April
Withdrawals
Add: April
Interest
Add: May
Deposits
Less: May
Withdrawals Add: May Interest
Add: June
Deposits
Less: June
Withdrawals
Add: June
Interest
June 30, 2021
Ending Bank
Balance
Ending GL
Balance
Unreconciled
Difference
Consolidated Cash 11,620,237.68$ 11,620,237.68$ 80,069.38$ -$ 129.09$ 45,078.46$ -$ 101.39$ 120,732.76$ -$ 126.74$ 11,866,475.50$ 11,866,475.50$ -$
TOTAL TEX POOL ACCOUNTS 11,620,237.68$ 11,620,237.68$ 11,866,475.50 11,866,475.50 -
31-Mar-21 30-Jun-21
TOTAL INVESTMENT POOLS 11,966,656.93$ 12,212,903.50
Wells Fargo Payroll Clearning 0.04%–0.05%
Wells Fargo Section 125 Flex 0.04%–0.05%
TEX STAR INVESTMENTS
APR %
TEX POOL INVESTMENTS
WELLS FARGO ACCOUNTS RECONCILIATION
City of Kennedale - TRN6671 Page | 1
Clean Fleets North Texas 2020 Call for Projects
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
CLEAN FLEETS NORTH TEXAS 2020 CALL FOR PROJECTS
Program Implementation
AGREEMENT COVER SHEET
TYPE OF AGREEMENT: Subrecipient Agreement for Reimbursable Activities with City of Kennedale (DUNS
#786273904) for the Clean Fleets North Texas 2020 Call for Projects
PROJECT NUMBER: TRN6671
ASSISTANCE LISTING NAME & NUMBER: National Clean Diesel Funding Assistance Program - 66.039
AGREEMENT PERIOD: Agreement Execution through February 26, 2023
MAXIMUM REIMBURSEMENT: $165,000
FUNDING SOURCE & AWARD AMOUNT: NCTCOG has received an award from the Environmental
Protection Agency (EPA) National Clean Diesel Funding Assistance Program to cover program activities:
- Clean Fleets North Texas Project awarded on February 11, 2019 for $4,080,789
FEDERAL AWARD IDENTIFICATION NUMBER: 01F56701
PERIOD OF PERFORMANCE FOR NCTCOG’S AWARD: February 11, 2019 to March 31, 2023
PARTIES:
NCTCOG
Contacts:
North Central Texas Council of Governments Project Manager:
616 Six Flags Drive Amy Hodges
Centerpoint II Senior Air Quality Planner
Arlington, Texas 76011 817-704-2508
ahodges@nctcog.org
PERFORMING PARTY Agreement Coordinator:
City of Kennedale James Brown
405 Municipal Drive Fire Chief
Kennedale, TX 76060 817-985-2151
jbrown@cityofkennedale.com
FUNDING AGENCY Project Officer:
Environmental Protection Agency Terrie Wright
1455 Ross Avenue, Suite 1200, 6PD-S 214-665-8453
Dallas, Texas 75202-2733
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North Central Texas Council of Governments
CLEAN FLEETS NORTH TEXAS 2020 CALL FOR PROJECTS
ARTICLE 1. PARTIES
1.1 Parties. This Agreement, hereinafter referred to as the “Agreement”, is made and
entered into by and between the North Central Texas Council of Governments,
hereinafter referred to as “NCTCOG”, and City of Kennedale, hereinafter referred to as
the “PERFORMING PARTY”. NCTCOG and the PERFORMING PARTY may each be
referred to as a “Party” and may be collectively referred to as “Parties” to this
Agreement.
ARTICLE 2. TERMS OF AGREEMENT
2.1 Scope of Work. The PERFORMING PARTY covenants and represents to NCTCOG
that the PERFORMING PARTY will implement or perform activities as provided for in the
Scope of Work (Appendix A) hereinafter referred to as the “SCOPE”. Tasks, as
defined in the SCOPE, refer to a set of actions the PERFORMING PARTY must
accomplish for each Scope Activity. Scope Activities, as defined in the SCOPE, relate
to the individual equipment, vehicles, engines and/or technologies that were identified in
the PERFORMING PARTY’S Application and approved for implementation. A unique
identifier, the “Scope Activity Number”, will be used for requesting reimbursements.
2.2 Scope of Work Changes. Changes to the SCOPE must be agreed to by both parties,
in writing.
2.3 Scope Activities. PERFORMING PARTY shall complete Scope Activities in
accordance with the Clean Fleets North Texas 2020 Call for Projects Guidelines and as
listed in the SCOPE, except as otherwise identified in this Agreement.
2.4 Activity Life. The PERFORMING PARTY will own, and/or lease, and operate the grant
funded equipment, vehicles, engines and/or technologies for the duration of NCTCOG
approved Activity Life as identified in the SCOPE, unless otherwise approved in writing
by NCTCOG.
2.5 Geographic Location. The PERFORMING PARTY will own and operate the grant
funded equipment, vehicles, engines, and/or technologies for the duration of the
NCTCOG approved Activity Life for each funded activity as identified in the SCOPE.
PERFORMING PARTY agrees that equipment, vehicles, engines, and/or technologies
purchased under this Agreement must be operated predominantly within the North
Texas counties of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall,
Tarrant, or Wise. Predominantly shall be defined as used fifty-one percent within the
aforementioned counties.
2.6 Compliance. All activities funded, operated, and maintained under this Agreement must
be in compliance with the Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards, 2 Code of Federal Regulations (CFR) 200 and
other Federal, State, and local law. The PERFORMING PARTY agrees that all Scope
Activities funded under the Agreement must be operated and maintained in accordance
with federal, state, and local law and, if applicable, the PERFORMING PARTY’s Clean
Fleet Policy, consistent with the Regional Transportation Council’s Clean Fleet Policy as
adopted in December 2014.
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2.7 Emission Reductions. The PERFORMING PARTY agrees that emissions reductions
provided by each Scope Activity shall be used by NCTCOG to meet air quality
requirements and goals. The PERFORMING PARTY may not utilize emissions
reductions to satisfy other air quality commitments.
2.8 Security/Lienholder Interest. For any vehicle acquired by PERFORMING PARTY
under this Agreement, PERFORMING PARTY shall, as a condition of reimbursement by
NCTCOG, cause NCTCOG to be listed as the first lienholder on applicable vehicle
title(s) and deliver the original title(s) to NCTCOG. NCTCOG shall release the lien and
return title(s) to PERFORMING PARTY upon expiration of all federal interest in the
vehicle(s), as detailed in Article 4.2. If the PERFORMING PARTY under this Agreement
is purchasing non-road equipment, the PERFORMING PARTY authorizes NCTCOG to
file a Uniform Commercial Code-1 (UCC-1) financing statement evidencing this lien.
PERFORMING PARTY shall draft and file said financing statement to the satisfaction of
NCTCOG. Upon the filing of UCC-1 financing statements in the appropriate filing offices,
NCTCOG will have a first priority perfected security interest.
2.9 Time of Performance. The PERFORMING PARTY shall commence performance of the
SCOPE after all parties have executed the agreement. All Scope Activities should be
completed no later than the completion deadline referenced in the SCOPE. This
Agreement shall terminate upon completion of all Scope Activities, or by an act as
identified in Section 2.10. Certain rights and obligations identified in this Agreement
shall survive termination of this Agreement.
2.10 Termination. Either party reserves the right to terminate this Agreement in whole or in
part. Notice of termination must be provided in writing, shall set forth the reasons for
termination, and shall provide for a minimum of ten (10) days to cure the defect.
Termination is effective only in the event the party fails to cure the defect within the
period stated in the termination notice including any written extensions. If the
Agreement is terminated, NCTCOG shall only be liable for eligible expenses completed
before the effective date of termination. If Agreement is terminated, certain reporting
requirements identified in this Agreement shall survive termination of this Agreement.
NCTCOG will render payment upon the completion of reporting requirements. The
Parties may terminate this Agreement at any time by mutual written concurrence.
ARTICLE 3. AMENDMENTS
3.1 Agreement. This Agreement embodies all of the agreements of the parties relating to
its subject matter and supersedes all prior understandings and agreements regarding
such subject matter.
3.2 Severability. In the event any one or more of the provisions contained in this
Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision(s) hereof, and this Agreement shall be revised so as to cure such invalid,
illegal, or unenforceable provision(s) to carry out as near as possible the original intent of
the Parties.
3.3 Changed Circumstances. If future federal, state, or local statute, ordinance, regulation,
rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable,
or impractical, the parties agree to delete and/or to modify such portions of the
Agreement as are necessary to render it valid, enforceable, and/or practical. Each
section, paragraph, or provision of this Agreement shall be considered severable, and if,
for any reason, any section, paragraph, or provision herein is determined to be invalid
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under current or future law, regulation, or rule, such invalidity shall not impair the
operation of or otherwise affect the valid portions of this instrument.
3.4 Modifications. Modifications to this Agreement must be reviewed by all parties and
agreed to in writing.
ARTICLE 4. PROCUREMENT AND PROPERTY MANAGEMENT
4.1 Procurement Standards. The PERFORMING PARTY agrees that its standards of
procurement shall be in accordance with 2 CFR 200.317-.327 and applicable state
regulations. The PERFORMING PARTY shall not proceed with procurement for any
vehicle or equipment under this agreement until NCTCOG has provided written
preapproval. If the PERFORMING PARTY fails to meet these requirements NCTCOG
may deny reimbursement requests. If such failure is determined after reimbursement
has been made, the PERFORMING PARTY agrees to return reimbursed funds that were
not in compliance with these requirements, whether determined by NCTCOG,
NCTCOG’s funding partners, or its agents.
4.2 Equipment Use, Management, and Disposition. PERFORMING PARTY agrees the
equipment acquired under this Agreement will be subject to the use and management
and disposition regulations at 2 CFR 200.313, as applicable. Equipment is defined as
tangible non-expendable personal property having a useful life of more than one year
and acquisition cost and/or current market value of $5,000 or more per unit. Certified or
verified equipment, vehicles, engines, and/or technologies are considered to be
equipment to the extent they fall within this definition.
The PERFORMING PARTY agrees to utilize equipment funded through this Agreement
for the purposes outlined in the SCOPE and consistent with the goals and objectives of
the Clean Fleets North Texas 2020 Call for Projects Guidelines during the Activity Life
defined in the SCOPE, and until all federal interest in the equipment is fulfilled, which
typically occurs when the fair market value of the equipment falls below $5,000.Thus,
NCTCOG encourages the PERFORMING PARTY to continue to utilize equipment
acquired through this Agreement for the purposes outlined in the SCOPE and consistent
with the goals and objectives of the Clean Fleets North Texas 2020 Call for Projects
Guidelines Project beyond the Activity Life. At the end of the Activity Life, or upon
transfer of ownership, the PERFORMING PARTY shall submit to NCTCOG a written
certification of the disposition of equipment funded through this Agreement. The
certification shall describe the continued use and condition of the equipment, fair market
value, remaining useful life, and any actual or anticipated improvements that may
increase the value of the equipment.
NCTCOG, at its sole discretion, shall determine if the equipment retains any value to
NCTCOG or NCTCOG’s Funding Agency at the end of the Activity Life, consistent with 2
CFR 200. If, at the end of the Activity Life, the equipment retains no value to NCTCOG
or NCTCOG’s Funding Agency, the PERFORMING PARTY shall have no further
obligation to NCTCOG with respect to the equipment.
If, at the end of the Activity Life, the equipment retains value to NCTCOG or NCTCOG’s
Funding Agency, and the equipment is no longer used for the purposes outlined in the
SCOPE, the PERFORMING PARTY may sell and use proceeds to replace like for like. If
a like for like replacement is not acquired the PERFORMING PARTY may be required to
return a portion of funding received under this Agreement to NCTCOG, consistent with 2
CFR 200.
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The PERFORMING PARTY agrees to provide NCTCOG reasonable information
concerning the use and condition of the equipment upon request.
4.3 Program Income. If program income is generated during the course of the project,
program income requirements apply in accordance with 2 CFR 200. Program income is
defined a gross income received by the subrecipient directly generated by a grant
supported activity or earned only as a result of the grant agreement during the grant
period. “During the grant period” is the time between the effective date of the award and
the termination date of the award. Program income must be identified upon request for
reimbursement. This includes but is not limited to scrap value received for sale of a
destroyed equipment, vehicle, and/or engine. Program income earned during the grant
period will be used to meet match/cost-share requirements to NCTCOG’s funding
agency. PERFORMING PARTY shall keep adequate documentation to support
transactions which generate program income.
ARTICLE 5. FUNDING & BUDGET
5.1 Award Amount. The total anticipated project cost is six hundred sixty thousand
dollars ($660,000). NCTCOG will reimburse PERFORMING PARTY’s eligible costs of
implementing Task(s) as outlined in the SCOPE under the conditions in this Agreement
not to exceed the maximum Award Amount of one hundred sixty five thousand
dollars ($165,000). The actual amount of reimbursement may be less than the
maximum Award Amount and will be determined under the conditions of this Agreement.
Eligible costs incurred by the PERFORMING PARTY that are not reimbursed through
payment of the funding award shall be recorded as mandatory cost share or local match
contribution to the project by the PERFORMING PARTY.
5.2 Indirect Costs. The PERFORMING PARTY’S eligible indirect cost rate under this
agreement is 0%.
ARTICLE 6. PAYMENTS
6.1 Payment. Reimbursement shall be made only upon completion of a Task or SCOPE
Activity. A cost may not be considered incurred, and eligible for reimbursement, until the
product or service has been received, accepted, and paid for by the PERFORMING
PARTY. Any reimbursement under this Agreement shall be payable only after eligible
costs are approved by NCTCOG. NCTCOG will approve payments as soon as
practicable, but not later than forty-five (45) days after a complete Request for
Reimbursement has been received, provided that complete and accurate supporting
documentation has been submitted to NCTCOG. Costs incurred prior to execution of
this Agreement may not be eligible for reimbursement. There shall be no obligation
whatsoever to pay for performance of this Agreement from the monies of NCTCOG,
other than grant funds received by NCTCOG from NCTCOG funding agency for the
purposes of reimbursement under this Agreement.
6.2 Reimbursement. All reimbursement requests prepared by the PERFORMING PARTY
shall be submitted by the deadlines outlined in the SCOPE to NCTCOG at
TRGrants@nctcog.org. Requests for Reimbursement shall include PERFORMING
PARTY invoice on letterhead, signatory or submittal by a certifying official as detailed in
Article 6.3, proof of payment, applicable receipts, and other supporting documentation
that identifies the incremental cost of capital purchases identified in the SCOPE and
shall detail the portion of cost to be reimbursed by NCTCOG and the portion of cost
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credited as local match. PERFORMING PARTY must also submit proof of delivery
before payment can be approved. A Request for Reimbursement Form shall be
accompanied by an Activity Information Form. NCTCOG may deem a Request for
Reimbursement incomplete if the data and/or documentation are incomplete or
improper, or if the PERFORMING PARTY fails to submit necessary reports or provide
other information requested by NCTCOG under the terms of this Agreement.
Forms required for reimbursement are available online and can be downloaded from
NCTCOG website at www.nctcog.org/aqfunding. A hard copy is available at the request
of the PERFORMING PARTY.
6.3 As detailed in Article 6.2, The PERFORMING PARTY is required to provide signed
invoices. In lieu of documenting certifications on each invoice, the individual noted below
has the authority, on behalf of the PERFORMING PARTY, to make such certifications
and serve as the signatory on invoices related to this project. By signing the invoice,
Certifying Officials are acknowledging review of invoices to ensure expenses included in
the invoice are consistent with the agreement, all services and costs documented on the
invoice are accurate and eligible, and all subrecipients and contractors have been fully
paid.
Any invoices received by NCTCOG without the signature of the individual noted below
may result in the invoice being returned unpaid.
Certifying Official Name: James Brown
Certifying Official Title: Fire Chief
6.4 Eligible Expenses. NCTCOG may reject requests for reimbursements which fail to
demonstrate that costs are eligible for reimbursement and/or which fail to conform to the
requirements of this Agreement. Eligible and allowable expenses are limited to costs
determined by NCTCOG in its sole discretion as eligible costs necessary for the
purchase of equipment, vehicle, and/or engine as identified in the SCOPE and cost
principles established in 2 CFR Part 200. Costs incurred prior to execution of the
agreement are not eligible for reimbursement.
6.5 Availability of Funds. Any reimbursement under this Agreement shall be payable only
after eligible costs are approved by NCTCOG. This Agreement and all claims, suits, or
obligations arising under or related to this Agreement are subject to and limited to the
receipt and availability of funds which are received from the funding agency by NCTCOG
dedicated for the purpose of this Agreement.
6.6 Balance of Funds. If actual costs are lower than expected and the full Award Amount is
not fully utilized, the PERFORMING PARTY may request approval from NCTCOG to use
the balance of the Award Amount in a manner consistent with the SCOPE and all
requirements of this Agreement, including cost share. If this situation arises, the
PERFORMING PARTY will notify NCTCOG Project Manager and request approval as
quickly as possible to ensure timely implementation.
6.7 Return of Funds. The PERFORMING PARTY agrees to return funds received from
NCTCOG for reimbursement of Scope Activities where the PERFORMING PARTY has
failed to comply with the requirements set forth in this Agreement, including but not
limited to 1) failure to achieve projected emissions reductions as determined by
NCTCOG, 2) failure to comply with vehicle disposition requirements, 3) failure to comply
with reporting requirements as identified in the SCOPE, and 4) failure to maintain
operation and possession of the grant-funded equipment, vehicles, engines, and/or
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technology through the duration of the Activity Life, as identified in the SCOPE, and until
all federal interest is fulfilled.
ARTICLE 7. RIGHTS
7.1 Authority. The PERFORMING PARTY shall have no authority to act for or on behalf of
NCTCOG except as expressly provided for in this Agreement; no other authority, power,
use, or joint enterprise is granted or implied. The PERFORMING PARTY may not incur
any debts, obligations, expenses, or liabilities of any kind on behalf of NCTCOG.
7.2 Assignment. Without the prior written consent of NCTCOG, the PERFORMING PARTY
may not transfer or assign any rights or duties under or any interest in this Agreement.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Property Insurance. The PERFORMING PARTY must maintain sufficient property
insurance for the repair or replacement of any Scope Activity for the Activity Life as
defined in the SCOPE, unless otherwise expressly agreed upon in writing by NCTCOG.
8.2 Insurance Claims. Any insurance proceeds received by or on behalf of the
PERFORMING PARTY under an insurance policy due to the damage or destruction of
equipment, vehicles, engines and/or technologies funded under this Agreement must be
utilized to repair or acquire an equivalent or better low emissions engine/technology or
be paid to NCTCOG.
8.3 Indemnification. To the extent authorized by law, the PERFORMING PARTY shall
indemnify, save and hold NCTCOG/Regional Transportation Council (RTC), its officials,
officers, and employees harmless from any and all actions, obligations, claims,
damages, expenses, costs of any kind, debts, negligence, and liabilities arising from, or
in any way related to, acts or omissions of the PERFORMING PARTY, its employees,
volunteers, subcontractors, or clientele, in the performance of, or failure to perform
under, this Agreement.
8.4 Force Majeure. It is expressly understood and agreed by the parties to this Agreement
that, if the performance of any provision of this Agreement is delayed by force majeure,
defined as reason of war, civil commotion, act of God, governmental restriction,
regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court
injunction, or any circumstances which are reasonably beyond the control of the party
obligated or permitted under the terms of this Agreement to do or perform the same,
regardless of whether any such circumstance is similar to any of those enumerated
herein, the party so obligated or permitted shall be excused from doing or performing the
same during such period of delay, so that the period of time applicable to such
requirement shall be extended for a period of time equal to the period of time such party
was delayed. Each party must inform the other in writing within reasonable time of the
existence of such force majeure.
8.5 Captions. The captions, headings, and arrangements used in this Agreement are for
convenience only and shall not in any way affect, limit, amplify, or modify its terms and
provisions.
8.6 Disputes and Remedies. The PERFORMING PARTY and NCTCOG shall negotiate in
good faith toward resolving any disputes that arise under this Agreement. This
agreement does not limit any remedy or right under law available to a Party to enforce
the terms herein.
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8.7 Public Comment Process. As applicable, public meeting and public hearing notices
regarding this project shall be provided to NCTCOG within five (5) days of publication.
Meeting minutes, summaries of communication, and copies of written responses to
public comments and questions shall be transmitted to NCTCOG Staff Contact person
as identified on the Agreement cover sheet within thirty (30) days following the meeting.
8.8 Notice. All notices regarding this Agreement shall be in writing and shall be delivered to
the addresses shown below, as applicable, with a copy provided to NCTCOG Project
Manager, Staff Contact, and Agreement Administrator; and PERFORMING PARTY’S
Agreement Coordinator identified on the Agreement cover sheet. Statements made or
documentation provided through electronic mail can be deemed as official notices.
NCTCOG
Mailing Address: Physical Address:
Michael Morris, P.E., Michael Morris, P.E.,
Director of Transportation Director of Transportation
Transportation Department Transportation Department
616 Six Flags Drive 616 Six Flags Drive
Arlington, Texas 76011 Arlington, Texas 76011
Telephone No.: (817) 695-9240
Facsimile No.: (817) 640-3028
PERFORMING PARTY
Mailing Address: Physical Address:
City of Kennedale City of Kennedale
James Brown James Brown
405 Municipal Drive 405 Municipal Drive
Kennedale, TX 76060 Kennedale, TX 76060
ARTICLE 9. ACCESSIBILITY AND MAINTENANCE OF RECORDS
9.1 Maintenance. The PERFORMING PARTY shall maintain a record keeping system for all
of its activities, including program records and financial management records, which
support and document all expenditures of funds made under this Agreement, in
accordance with federal regulations, state rules, and the Agreement. This section shall
not be interpreted to require maintenance of multiple exact duplicate copies of any
record or document.
9.2 Retention. All records must be maintained for a minimum of three (3) years following
the expiration of the Activity Life as described in the SCOPE. In the event that any
litigation or claim is still pending upon the expiration of the Activity Life, these records
shall be retained until resolution of the litigation or claim. NCTCOG, NCTCOG funding
agency, or their designees shall have access to all records that are directly applicable to
this Agreement for the purpose of making audit examinations.
ARTICLE 10. AUDITS AND EVALUATIONS
10.1 Submission of Audits. As applicable, The PERFORMING PARTY shall provide
NCTCOG, for its review, a copy of any audit received as a result of PERFORMING
PARTY policy or audits of federal and state governments relating to the expenditure of
funds under this Agreement. Such audits shall include or be accompanied by any
applicable audit management letter issued and applicable responses to the auditor’s
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findings and recommendations. All audits shall be submitted to NCTCOG within thirty
(30) days of receipt of each issued report.
10.2 Single Audit Act. As applicable, the PERFORMING PARTY shall comply with the
requirements of the audit provisions of 2 CFR Part 200, Subpart F, which requires that a
non-federal entity that expends $750,000 or more during the non-federal entity’s fiscal
year in federal awards must have a single or program-specific audit conducted for that
year.
10.3 Financial Records. The PERFORMING PARTY understands that acceptance of funds
under this Agreement acts as acceptance of the authority of NCTCOG, NCTCOG
funding agency, or their designees to conduct an audit or investigation in connection with
those funds. The PERFORMING PARTY further agrees to cooperate fully with
NCTCOG, NCTCOG funding agency, or their designees in the performance of an audit
or investigation, including providing access to conduct financial and program monitoring
of funding awarded to the PERFORMING PARTY under this Agreement and to perform
an audit of related records that may encompass an examination of financial transactions,
accounts and reports, as well as an evaluation of compliance with the terms and
conditions of this Agreement.
10.4 Subcontractors. The PERFORMING PARTY will ensure that the aforementioned
clause concerning the authority to audit funds received indirectly by subcontractors
through the PERFORMING PARTY and the requirement to cooperate is included in any
subcontract it awards under this Agreement. The PERFORMING PARTY will include in
all subcontracts for work under this Agreement a requirement that subcontractors will
provide access to all relevant financial records including bank statements.
10.5 Capital Assets and Usage Records. The PERFORMING PARTY shall authorize
NCTCOG, NCTCOG funding agency, or their designees to inspect, with or without
notice, equipment, vehicles, engines and/or technologies purchased by the
PERFORMING PARTY with funds provided for under this Agreement.
10.6 Acceptable Verification. Upon request, the PERFORMING PARTY agrees to provide
NCTCOG sufficient verification that the operation commitment identified in the SCOPE is
taking place in one or more eligible counties listed in Section 2.5. Sufficient verification
will be determined by NCTCOG, in its sole discretion. Examples of acceptable
verification include sworn affidavits from the PERFORMING PARTY, data from global
positioning system, or similar devices, or other reliable information sources.
ARTICLE 11. REPRESENTATIONS
11.1 Alteration of Original Application. The information and data provided in the original
application submitted by the PERFORMING PARTY may have been altered after
original submittal to NCTCOG to ensure that the information and calculations in the
application are accurate. The PERFORMING PARTY hereby ratifies, adopts, and
agrees to all representations in the Approved Application and deliverables it has
provided to NCTCOG during the proposal process and agrees to give prompt written
notice to NCTCOG if there is any material change in these certifications or deliverables.
11.2 Legal Mandate. The PERFORMING PARTY represents that the tasks funded under this
Agreement are not required by any state or federal law, rule, regulation, memorandum of
agreement, or other legally binding document.
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11.3 Vehicle Markers. The PERFORMING PARTY agrees to place a label or sticker on
funded equipment, vehicles, engines and/or technologies upon request by NCTCOG
identifying it as part of an NCTCOG award and/or utilizing an alternative fuel or
advanced technology.
ARTICLE 12. REPORTS
12.1 Project Reporting. The PERFORMING PARTY shall provide NCTCOG with all reports
detailed in the SCOPE, including information pertaining to the project and activity usage
as identified in SCOPE.
12.2 Annual Asset Management Report. An Annual Asset Management Report must be
submitted each year until all Property Management requirements, as detailed in Article
4.2, have been fulfilled. In the event the PERFORMING PARTY fails to complete
necessary Annual Asset Management Reporting requirements a portion of awarded
grant funds may have to be returned to NCTCOG.
12.3 Installation of Automatic Vehicle Locator Service. The PERFORMING PARTY shall
allow for installation of an automatic vehicle locator service (AVLS) device, from a vendor
procured by NCTCOG, on all vehicles or equipment funded under this Agreement to
facilitate the required usage reporting. The AVLS device will track operating
characteristics of the vehicle, including but not limited to, total mileage, mileage driven,
hours driven, creeping and stationary idle engine hours, vehicle speed, and idle
percentage within each of the ten ozone nonattainment counties as well as outside of the
nonattainment area. Signature of this Agreement and Request for Reimbursement is the
PERFORMING PARTY’S acknowledgement that data collected and compiled through an
AVLS device shall be public record to the extent provided by the Texas Open Records Act
and the Freedom of Information Act and shall be available to the public as provided
therein. Additionally, NCTCOG may be required to use the data collected through an AVLS
device to prepare reports which may be published by NCTCOG.
The PERFORMING PARTY shall not disable, damage, and/or render inoperable a grant
funded AVLS device. The PERFORMING PARTY shall notify NCTCOG within forty-eight
(48) hours if the AVLS device has malfunctioned or been damaged so that repair can be
scheduled.
ARTICLE 13. ASSURANCES
13.1 Equal Employment Opportunity. The PERFORMING PARTY shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
sexual orientation, gender identity, or national origin. The PERFORMING PARTY shall
take affirmative action to ensure that applicants are employed, and that employees are
treated, during their employment, without regard to their race, religion, color, sex, sexual
orientation, gender identity, or national origin. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
13.2 Nondiscrimination on the Basis of Disability. The PERFORMING PARTY agrees
that no otherwise qualified disabled person shall, solely by reason of his disability, be
excluded from participation in, be denied the benefits of, or otherwise be subject to
discrimination under the project. The PERFORMING PARTY shall insure that all fixed
facility construction or alteration and all new equipment included in the project comply
with applicable regulations regarding Nondiscrimination on the Basis of Disability in
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Programs and Activities Receiving or Benefiting from Federal Financial Assistance, set
forth in 49 CFR, Part 27 and any amendments thereto.
13.3. Noncollusion. The PERFORMING PARTY warrants that it has not employed or
retained any company or person, other than a bona fide employee working for it, to
solicit or secure this Agreement, and that it has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration contingent upon or resulting from the
award or making of this Agreement. If the PERFORMING PARTY breaches or violates
this warranty, NCTCOG shall have the right to annul this Agreement without liability or,
in its discretion, to deduct from the Agreement price or consideration, or otherwise
recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee.
13.4 Gratuities. Any person doing business with or who, reasonably speaking, may do
business with NCTCOG under this Agreement may, not make any offer of benefits, gifts
or favors to employees of NCTCOG. Failure on the part of the PERFORMING PARTY
to adhere to this policy may result in termination of this Agreement.
13.5 Debarment/Suspension. The PERFORMING PARTY is prohibited from making any
award or permitting any award at any tier to any party which is debarred or suspended or
otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549, Debarment and Suspension. The PERFORMING PARTY
and its subcontractors shall comply with the special provision “Certification
Requirements for Recipients of Grants and Cooperative Agreements Regarding
Debarments and Suspensions,” which is included as Appendix B of this agreement.
13.6 Restrictions on Lobbying. The PERFORMING PARTY and PERFORMING PARTY’S
subrecipients are prohibited from using monies for lobbying purposes; the
PERFORMING PARTY shall comply with the special provision “Lobbying Certification
and Disclosure of Lobbying Activities,” which is included as Appendix C of this
Agreement. The PERFORMING PARTY shall include a statement of compliance with
the Lobbying Certification and Disclosure of Lobbying Activities in applicable
procurement solicitations. Lobbying Certification and Disclosure of Lobbying Activities
shall be completed by PERFORMING PARTY’S subrecipients and included in
PERFORMING PARTY’S subrecipients’ contracts, as applicable.
PERFORMING PARTY agrees to comply with the Title 40 CFR Part 34, New
Restrictions on Lobbying. In accordance with the Byrd Anti-Lobbying Amendment, any
Recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file
the required certification or lobbying forms shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure.
13.7 Disadvantaged Business Enterprises (DBE). NCTCOG encourages the
PERFORMING PARTY to take all necessary affirmative steps to assure that Minority-
owned Business Enterprises (MBE), Women-owned Business Enterprises (WBE),
Historically Underutilized Business (HUB), Small Business Enterprise (SBE), and Labor
Surplus Area Firms (LSAF) are used when possible. The PERFORMING PARTY must
report and provide DBE certificates for any DBE receiving funding under this Agreement
using the template provided in Appendix D. NCTCOG suggests that the PERFORMING
PARTY comply by taking the following affirmative steps:
13.7.1 Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources.
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13.7.2 Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business
enterprises.
13.7.3 Requiring any PERFORMING PARTY Contractors to take the affirmative steps
listed in this Article.
13.8 Compliance with Regulations. During the performance of this Agreement, the
PERFORMING PARTY, for itself, its assignees, and successors agrees to comply with
all applicable local, state, and federal regulations.
13.9 Drug Free Workplace. The PERFORMING PARTY must make an ongoing, good faith
effort to maintain a drug-free workplace pursuant to the specific requirements set forth in
Title 40 CFR 36.200 – 36.230.
13.10 Interest of Public Officials. No member, officer, or employee of the public body or of a
local public body during his tenure or for one year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof.
13.11 Substitution of Subcontractors. NCTCOG must be notified of all substitutions of
subcontracts.
ARTICLE 14. MISCELLANEOUS PROVISIONS
14.1 Normal Fleet Attrition. The PERFORMING PARTY understands that funds under this
Agreement cannot be used for emission reductions that result from vehicle/equipment
replacements/repowers that would have occurred within three years of the project start
date through normal attrition/fleet turnover. Normal attrition/fleet turnover is typically
defined by the equipment, vehicle, engine, or fleet owner’s budget plan, operating plan,
standard procedures, or retirement schedule. Supporting evidence must be provided to
NCTCOG to verify that replacement/repower projects would not have occurred without
grant funding awarded under this Agreement.
14.2 Fleet Expansion. The PERFORMING PARTY understands that funds under this
Agreement cannot be used for the purchase of vehicles or equipment to expand a fleet.
The PERFORMING PARTY agrees that:
14.2.1 Function. The replacement vehicle, engine, or equipment will perform the same
function as the vehicle, engine, or equipment that is being replaced.
14.2.2 Type. The replacement vehicle, engine, or equipment will be of the same type and
similar gross vehicle weight rating (GVWR) or horsepower as the vehicle, engine, or
equipment being replaced, as detailed in the SCOPE.
14.3 False Claim. The PERFORMING PARTY must promptly refer to the EPA’s Inspector
General any credible evidence that a principal, employee, agent, subgrantee contractor,
subcontractor, loan recipient, or other person has submitted a false claim under the
False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under
this grant or subgrants awarded by the grantee.
14.4 Trafficking Victim Protection Act of 2000. The PERFORMING PARTY,
PERFORMING PARTY’S employees, PERFORMING PARTY’S subrecipients, and
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PERFORMING PARTY’S subrecipients’ employees under this Agreement, may not
engage in severe forms of trafficking in persons during the period of time that the award
is in effect; procure a commercial sex act during the period of time that the award is in
effect; or use forced labor in the performance of the award of subawards under the
award.
14.5 Recycled Paper. The PERFORMING PARTY agrees that:
14.5.1 Resource Conservation and Recovery Act. Preference shall be given in
procurement programs to the purchase of recycled products pursuant to the EPA
guidelines as established in 40 CFR 247.
14.5.2 Reporting. In accordance with EPA Order 1000.25 and Executive Order 13423
dated January 24, 2007 and/or Title 40 CFR 30.16, recycled paper and double-sided
printing shall be used for all reports that are prepared as a part of this Agreement.
14.6 Federal Award Requirements. During the performance of this Agreement, the
PERFORMING PARTY, shall comply with the following federal award requirements.
14.6.1 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
which prohibits discrimination on the basis of race, color, and national origin.
14.6.2 Federal Funding Accountability and Transparency Act Requirements.
A. As a recipient of funds under this agreement the PERFORMING PARTY
agrees to comply with the Federal Funding Accountability and Transparency Act
(FFATA) and implementing regulations at 2 CFR 170, including Appendix A. This
agreement is subject to the following award terms:
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf.
B. PERFORMING PARTY agrees that it shall:
1. Obtain and provide to NCTCOG a System for Award Management (SAM)
number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this
award provides more than $25,000 in Federal funding. The SAM number
may be obtained by visiting the SAM website whose address is:
https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to NCTCOG a Data Universal Numbering System
(DUNS) number, a unique nine-character number that allows the federal
government to track the distribution of federal money. The DUNS number
may be requested free of charge for all businesses and entities required
to do so by visiting the Dun & Bradstreet on-line registration website
http://fedgov.dnb.com/webform; and
C. Report total compensation and names of its top five (5) executives to the State
if:
1. More than 80% of annual gross revenues are from the Federal
government, and those revenues are greater than $25,000,000; and
2. The compensation information is not already available through reporting
to the U.S. Securities and Exchange Commission.
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14.6.3 Hotel-Motel Fire Safety. Pursuant to 15 USC 2225a, the PERFORMING PARTY
agrees to ensure that all space for conferences, meetings, trainings funded in whole or
in part with federal funds complies with the protection and control guidelines of the Hotel
and Motel fire Safety Act (PL 101-391, as amended).
14.7 Internal Compliance Program. NCTCOG has adopted an Internal Compliance Program
to prevent waste, fraud, or abuse. Contractors, agents, and volunteers can report
suspected waste, fraud, or abuse at: https://www.nctcog.org/agency-
administration/compliance-portal. Additional information regarding the Internal
Compliance Program is available at the previous web address.
14.8 Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment. Pursuant to Public Law 115-232, Section 889, and 2 CFR Part 200, including
§200.216 and §200.471, NCTCOG is prohibited from using federal funds to procure,
contract with entities who use, or extend contracts with entities who use certain
telecommunications and video surveillance equipment or services provided by certain
Chinese controlled entities. The PERFORMING PARTY agrees that it is not providing
NCTCOG with or using telecommunications or video surveillance equipment and services
as prohibited by 2 CFR §200.216 and §200.471. The PERFORMING PARTY shall certify
its compliance through execution of the “Prohibited Telecommunications and Video
Surveillance Services or Equipment Certification” which is included as Appendix G of this
Agreement. The PERFORMING PARTY shall pass these requirements down to any of
its contractors funded under this Agreement. The PERFORMING PARTY shall notify
NCTCOG if the PERFORMING PARTY cannot comply with the prohibition during the
performance of this Agreement.
14.9 Domestic Preference. As appropriate and to the extent consistent with law, the
PERFORMING PARTY should, to the greatest extent practicable, provide a preference
for the purchase, acquisition, or use of goods, products, or materials produced in the
United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). Consistent with §200.322, the following items shall be defined
as: “Produced in the United States” means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States. “Manufactured products” means items and construction
materials composed in whole or in part of non-ferrous metals such as aluminum; plastics
and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
APPENDICES
The following appendices are attached and made part of this Agreement.
Appendix A Scope of Work and Approved Application Summary
Appendix B Lower Tier Participant Debarment Certification
Appendix C Lobbying Certification and Disclosure of Lobbying Activities
Appendix D Utilization of Small, Minority and Women’s Business Enterprises Reporting Form
Appendix E Required Contract Provisions 2 CFR 200
Appendix F Prohibited Telecommunications and Video Surveillance Services or Equipment
Certification
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IN WITNESS WHEREOF, the Parties have executed this Agreement. This Agreement becomes effective
on the day the last Party signs.
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Mike Eastland
Executive Director
Date
CITY OF KENNEDALE
Leslie E. Galloway
Interim City Manager
Date
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APPENDIX A
SCOPE OF WORK
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APPENDIX A
SCOPE OF WORK
The City of Kennedale will replace one fire truck with one fire truck with engine of model year
2018 or newer.
The Scope of Work (Scope) contains information on the activities to be conducted and the expenses
that will be reimbursed under the Agreement for the City of Kennedale, hereinafter referred to as the
PERFORMING PARTY. Each activity to be accomplished with the grant award is outlined in the
“Approved Application Summary” table.
The application has been assigned the following Project Number, and each activity has been assigned
an Activity Number, both of which shall be used when tracking and reporting to the North Central Texas
Council of Governments (NCTCOG).
Project Number: TRN6671
Approved Application Summary
Activity
Number
Vehicle/
Equipment
Class or
GVWR*
Old
Engine
Year
Old Engine
Emissions
Standard
(grams
NOX/bhp-
hr)
New Engine
Emissions
Standard
Must be Less
Than or
Equal to
(grams
NOX/bhp-hr)
Annual
Miles
Traveled
Maximum
Award
Amount
Percent
Funded
Estimated
Cost
Estimated
Local
Match
1 Class 8 2001 4 0.2 3,500 $165,000 25% $660,000 $495,000
Total $660,000 $495,000
*Gross Vehicle Weight Rating
TASK 1 – Procurement of New Vehicles/Equipment
PERFORMING PARTY must have operated the vehicles/equipment to be replaced primarily within the
ten-county Dallas-Fort Worth ozone nonattainment area, which is described under Task 3. The new
vehicles/equipment must be in service by February 26, 2023, and the new engine must be
Environmental Protection Agency (EPA) or California Air Resources Board (CARB) certified for model
year 2018 or later. Grant funding cannot exceed:
• 25 percent of the incremental cost of the new vehicle/equipment powered by a diesel or
alternative fueled engine (including hybrids) certified to meet the current EPA emissions
standards of 0.2 grams of nitrogen oxides (NOX) per brake horsepower - hour.
• 35 percent of the incremental cost of the new vehicle/equipment if powered by an engine
certified to meet CARB Optional Low-NOX Standards (more information is available at
https://www.arb.ca.gov/msprog/onroad/optionnox/optionnox.htm).
• 45 percent of the incremental cost of the new vehicle/equipment if powered by an electric
motor or electric power source.
The replacement (new) vehicle/equipment must perform the same function and have a similar gross
vehicle weight rating as the vehicle/equipment being replaced. For equipment, horsepower increases
of more than 25 percent will require specific approval prior to purchase. For vehicles, the gross vehicle
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weight rating must stay within 10 percent of the engine’s intended service class and any exceptions will
require specific approval prior to purchase.
TASK 2 – Destroy or Render Permanently Inoperable Old Engines and Vehicles/Equipment
PERFORMING PARTY must scrap the old vehicle/equipment and/or engines and dispose of them in
an environmentally responsible manner in accordance with local disposal laws. Scrappage is defined
as a permanently disabling the engine and/or vehicle/equipment so it is no longer suitable for use.
Vehicles/Equipment being replaced must be scrapped before reimbursement for the new
vehicle/equipment will be issued. This includes drilling a three-inch hole in the engine block, cutting
completely through the frame/rails on each side of the vehicle /equipment at a point located between
the front and rear axles, and recycling salvageable materials by sending retired asset to a scrappage or
remanufacturing facility. Scrappage facilities must be current on all applicable permits required by the
Texas Commission on Environmental Quality (TCEQ). While NCTCOG does not endorse nor
recommend any particular facilities, the TCEQ maintains a list of dismantler and recycler facilities that
participate in the AirCheckTexas Drive a Clean Machine program at
https://www.tceq.texas.gov/airquality/mobilesource/vim/dismantlers.html. This list may be a useful
reference for locating facilities who can ensure compliance with this grant program’s requirements. Any
remanufacturing facility must be operated or authorized by the original engine manufacturer to
remanufacture the engine. The process includes removing all parts and using the old block to build a
remanufactured engine with a new serial number. Alternative disabling methods and associated
documentation must be approved by NCTCOG in advance on a case by case basis.
NCTCOG requires that project documentation be submitted for review before proceeding with
disposition of vehicle(s)/equipment. NCTCOG will notify PERFORMING PARTY of approval of the
submitted project documentation, and if disposition should proceed. PERFORMING PARTY must
proceed with destruction of each old vehicle/equipment within 45 days of receiving preliminary
reimbursement approval from NCTCOG. NCTCOG staff must be present to witness the destruction
and will schedule the destruction in consultation with PERFORMING PARTY. NCTCOG will take the
required photos of the disabled engine/chassis and verify the completed Vehicle/Equipment and Engine
Disposition Form(s). Documentation of disposition, including before and after photographs, will be
required for reimbursement. All forms are available through www.nctcog.org/aqfunding under
“Agreements & Forms”.
TASK 3 – Operation
PERFORMING PARTY will own and operate each grant-funded vehicle/equipment acquired under
Task 1 for at least six years from the date placed into service. PERFORMING PARTY will ensure
each grant-funded vehicle/equipment operates predominantly within the Dallas-Fort Worth (DFW)
Nonattainment Area, which includes the area below.
Area Counties Included
Dallas-Fort Worth
Nonattainment Area
Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker,
Rockwall, Tarrant and Wise
At NCTCOG’s discretion, PERFORMING PARTY must allow NCTCOG to arrange for an Automated
Vehicle Locator System (AVLS) to be installed on all grant-funded vehicles/equipment to facilitate grant
monitoring. PERFORMING PARTY must not tamper with this device and must keep it in working order
to the extent its function is within PERFORMING PARTY’S control. PERFORMING PARTY must notify
NCTCOG as soon as practicable in the event the AVLS is nonoperational or not working properly.
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Beyond the minimum six year operational requirement, PERFORMING PARTY must maintain grant-
funded vehicle/equipment in accordance with federal property management requirements. This means
that PERFORMING PARTY must maintain grant-funded vehicles/equipment in good working order and
operate them in a manner consistent with the grant until the fair market value is $5,000 dollars or less,
or as long as needed, whether or not the program or project continues to be supported by the Federal
award. Prior to transfer of ownership, the grant recipient must contact NCTCOG for further instructions
regarding disposition. Grant recipients will be allowed to either use grant-funded vehicles/equipment as
a trade-in or sell the property and use proceeds to offset the cost of replacement property.
Vehicles/Equipment may not be sold, scrapped or otherwise disposed of until written approval is
received from NCTCOG. Sale, scrap or other disposal without NCTCOG approval, or when fair market
value exceeds $5,000, could result in a partial return of grant funding.
TASK 4 – Reimbursement and Reporting
PERFORMING PARTY will complete all reporting and reimbursement requirements as set forth in the
grant Agreement and Scope. Specific reporting requirements and their frequencies are detailed below.
Project Status Report
A Project Status Report detailing progress toward project completion must be submitted on a
monthly basis until final reimbursement is issued. A template form is available at
www.nctcog.org/aqfunding under “Agreements & Forms”.
Request for Reimbursement
With each Request for Reimbursement, PERFORMING PARTY must submit supporting
documentation to demonstrate fulfillment of project requirements and provide adequate
technical detail for NCTCOG to maintain required asset inventories and calculate air quality
benefits. A checklist of required documentation is available at www.nctcog.org/aqfunding under
“Agreements & Forms”.
Documentation required to receive reimbursement must include any revenue received from
vehicle/equipment destruction (e.g., auction value of scrap metal). In accordance with Article
4.3 of the Agreement, revenue received from disposition will be treated as program income,
which will be recorded as part of the applicant’s required cost share. At the time of
reimbursement, PERFORMING PARTY must either sell/transfer the destroyed
vehicle/equipment to a scrap facility and include documentation of any revenue received as part
of the final request for reimbursement, or else retain scrapped equipment for internal use (e.g.
to be used for non-emissions-related parts) until the end of the Period of Performance for
NCTCOG’s award.
The final Request for Reimbursement is due to NCTCOG no later than February 26, 2023.
Annual Asset Management Report
An Annual Asset Management Report must be submitted each year until property management
requirements are fulfilled. Required reporting may include, but is not limited to, documentation of
hours/mileage, location/area of operation and condition. This report will also ensure compliance
with 2 CFR 200.313. Reporting will be completed online through the NCTCOG web site
www.nctcog.org/aqfunding under “Usage Reporting”, or through another format determined by
NCTCOG. If appropriate, a username and password will be provided prior to the end of the first
reporting period.
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Schedule
Task Date
Project Status Report Due by the fifth day of each month following the month of
project activity, until final reimbursement is issued.
Project Completion Deadline February 26, 2023
Final Request for
Reimbursement February 26, 2023
Asset Management Report Annually Based on Date in Service until Property Management
Requirements are fulfilled.
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APPENDIX B
LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION
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APPENDIX B
CERTIFICATION REQUIREMENTS FOR RECIPIENTS OF GRANTS
AND COOPERATIVE AGREEMENTS REGARDING
DEBARMENT AND SUSPENSIONS
Department of Transportation (DOT) Circular 2015.1 excludes entities and individuals that the federal
government has either debarred or suspended from obtaining federal assistance funds through grants,
cooperative agreements, or third-party contracts. NCTCOG has elected to include the requirements of
the DOT Circular 2015.1 in all third-party contracts for federal funds. A certification process has been
established by 49 C.F.R. Part 29 as a means to ensure that debarred, suspended, or voluntarily
excluded persons do not participate in a federally assisted project. The inability of a person to provide
the required certification will not necessarily result in a denial of participation in a covered transaction.
A person that is unable to provide a positive certification as set forth in the Circular may submit a
complete explanation attached to the certification. DOT will consider the certification and any
accompanying explanation in determining whether or not to provide assistance for the project. Failure
to furnish a certification or any explanation may disqualify that person from participating in the
project.
Each potential third-party contractor, subcontractor under a third-party contract, subgrantee, or
subrecipient must provide to the grantee or recipient of a cooperative agreement, as appropriate, a
certification for a lower tier participant. In general, lower-level employees or procurements of less than
$25,000 will not be covered by the certification process procedures, except in the case of procurements
with individuals that would have a critical influence on or substantive control over the project;
nevertheless, a participant is not authorized to involve a lower-level employee or enter into a contract
of less than $25,000 with a person actually known by the participant to be debarred, suspended or
voluntarily excluded.
NCTCOG requires each potential contractor subgrantee, or subrecipient for a third-party
contract to complete the certification in Appendix B.1 for itself and its principals.
If an applicant for a grant or cooperative agreement or a potential contractor for a third-party contract
knowingly enters into a lower-tier covered transaction such as a third-party contract or subcontract
under a major third-party contract or subgrant with a person that is suspended, debarred, ineligible, or
voluntarily excluded from participation in the project, in addition to other remedies available to the
federal government, DOT may terminate the grant or subcontract, the underlying grant or cooperative
agreement for cause or default.
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CERTIFICATION INFORMATION
This certification is to be used by contractors pursuant to 49 CFR 29 when any of the following occur:
• any transaction between the contractor and a person (other than a procurement
contract for goods and services), regardless of type, under a primary covered
transaction
• any procurement contract for goods or services when the estimated cost is $25,000
or more
• any procurement contract for goods or services between the contractor and a person,
regardless of the amount, under which the person will have a critical influence on or
substantive control over that covered transaction. Such persons include principal
investigators and providers of federally required audit services.
A procurement transaction is the process of acquiring goods and services.
A nonprocurement transaction is the granting of financial assistance to entities to assist the grantor in
meeting objectives that are mutually beneficial to the grantee and grantor.
A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATIVES
OF THE STATE OR THE U.S. DEPARTMENT OF TRANSPORTATION UPON REQUEST.
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APPENDIX B.1
LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION
_________________________________________________________________, being duly
(Name of certifying official)
sworn or under penalty of perjury under the laws of the United States, certifies that neither
_____________________________________________________________, nor its principals
(Name of lower tier participant)
are presently:
• debarred, suspended, proposed for debarment,
• declared ineligible,
• or voluntarily excluded from participation in this transaction
by any federal department or agency
Where the above identified lower tier participant is unable to certify to any of the above statements in
this certification, such prospective participant shall indicate below to whom the exception applies, the
initiating agency, and dates of action.
Exceptions will not necessarily result in denial of award but will be considered in determining contractor
responsibility. Providing false information may result in criminal prosecution or administrative sanctions.
EXCEPTIONS:
___________________________________________________________________________
Signature of Certifying Official
___________________________________________________________________________
Title
___________________________________________________________________________
Date of Certification
Form 1734
Rev.10-91
TPFS
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APPENDIX C
LOBBYING CERTIFICATION AND DISCLOSURE OF LOBBYING ACTIVITIES
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APPENDIX C
LOBBYING CERTIFICATION
FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension continuation,
renewal amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
_____________________________________
Signature
_____________________________________
Title
_____________________________________
Agency
_____________________________________
Date
TxD0T
1-91
TPFS
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DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See instructions for public burden disclosure)
1. Type of Federal Action:
a. contract b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award
3. Report Type:
a. initial filing
b. material charge
For Material Change Only:
year_____ quarter__________
date of last report__________
4. Name and Address of Reporting Entity:
Prime Tier _____ if known
Congressional District, if known:
5. If Reporting Entity in No. 4 is Subawardee, Enter Name
and Address of Prime:
Congressional District, if known:
6. Federal Department Agency:
7. Federal Program Name/Description:
CFDA Number if applicable:_____________
8. Federal Action Number, if known:
9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
(attach Continuation Sheet(s) SF-LLL-A, if necessary
11. Amount of Payment (check all that apply):
$_____________________________ actual planned
13. Type of Payment (check all that apply):
a. retainer
b. one-time fee
c. commission
12. Form of payment (check all that apply):
a. cash
b. in-kind specify: nature______________________
value_______________________
d. contingent fee
e. deferred
f. other; specify:__________________________
14. Brief Description of Services Performed or to be Performed and Date(s) of Service including officer(s), employee(s), or Member(s)
contacted, for Payment indicated in Item 11:
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
15. Continuation sheet(s) SF-LLL-A attached: Yes No
16. Information requested through this form is authorized
by title 31 U.S.C. section 1352. This disclosure of
lobbying activities is a material representation of fact
upon which reliance was placed by the tier above when
this transaction was made or entered into. This
disclosure is required pursuant to 31 U.S.C. 1352. This
information will be reported to the Congress semi-
annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be
subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Signature:___________________________________________
Print Name:__________________________________________
Title:_______________________________________________
Telephone:________________________ Date:______________
Federal Use Only:
Authorized for Local Reproduction Standard Form - LLL
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INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a
covered Federal action, or a material change to a previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for
each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered
Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that
apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered
Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report
by this reporting entity for this covered Federal action.
4. Enter the full name address city, state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier
of the subawardee e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, state and zip code of the
prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency
name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1.) If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for Federal action identified in item 1 (e.g., Request for Proposal (RFP)
number; invitation for Bid (B) number, grant announcement number; the contract grant, or loan award number; the application/proposal
control number assigned by the Federal agency.) Include prefixes, e.g. “RFP-DE-90-001.”
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of
the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 40 to
influence the covered Federal action.
(b) Enter the full names of the individuals(s) performing services, and include full address if different from 10(a). Enter Last Name,
First Name and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item
10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material
change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and
value of the in-kind payment.
13. Check the appropriate boxes(s). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)
of any services rendered. Include all preparatory and related activity, not just time spent in actual contract with Federal officials.
Identify the Federal official(s) or employee(s) contracted or the officer(s), employees, or Member(s) of Congress that were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and the telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
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DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Reporting Entity:____________________________________________________________________ Page______ of______
Authorized for Local Reproduction
Standard Form - LLL-A
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APPENDIX D
UTILIZATION OF SMALL, MINORITY AND WOMEN’S BUSINESS ENTERPRISES REPORTING FORM
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APPENDIX D
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
UTILIZATION OF SMALL, MINORITY AND WOMEN’S BUSINESS ENTERPRISES
REPORTING FORM
Complete one reporting form per vendor if Performing Party’s vendor is a Certified Minority Business
Enterprise/Women Business Enterprise (MBE/WBE)
1. Your organization/company’s name: ___________________________________________
2. Is your organization/company a Certified Minority Business/Women Business Enterprise (MBE/WBE)?
Yes ____No ____. If yes, what type of business enterprise: Minority _____ Women _____
Attach MBE/WBE Certification
3. Your vendor’s name and address: ____________________________________________
________________________________________________________________________
4. Date and value of procurement: ______________________________________________
5. Type of product or service code: ______________________________________________
6. Is your vendor a Certified Minority Business Enterprise/Women Business Enterprise (MBE/WBE)?
Yes ____No ____. If yes, what type of business enterprise: Minority _____Women _____
Attach MBE/WBE Certification
Certification Statement
I certify to the best of my knowledge and belief that the data provided above is correct and complete.
PERFORMING PARTY
_________________________________________
Signature
_________________________________________
Print Name
_________________________________________
Date
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North Central Texas Council of Governments
Utilization of Small, Minority and Women’s Business Enterprises Reporting Form
General Instructions
1. Self-explanatory
2. Based on the definition below, select yes or no if your organization/company is or is not certified as a
MBE/WBE enterprise. If yes, select type of enterprise
3. Self-explanatory
4. Date and dollar value of technology purchased.
5. Using codes below; identify type of product or service acquired through the procurement:
Type of product or service codes:
1 = Construction 2 = Supplies 3 = Services 4 = Equipment
6. Based on the definition below, select yes or no if your vendor is or is not certified as a MBE/WBE
enterprise. If yes, select type of enterprise.
Definitions:
Procurement is the acquisition through contract, order, purchase, lease or barter of supplies, equipment,
construction or services needed to accomplish federal assistance programs.
Minority Business Enterprise (MBE) is a business concern that is (1) at least 51 percent owned by one or more
minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by
one or more minority individuals; and (2) whose daily business operations are managed and directed by one or
more of the minority owners.
Woman Business Enterprise (WBE) is a business concern that is, (1) at least 51 percent owned by one or
more women, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or
more women and (2) whose daily business operations are managed and directed by one or more of the
women owners.
Equipment is any tangible, nonexpendable, personal property having a useful life of more than one year and
an acquisition cost of $5,000 or more per unit.
Contractor as defined in2 CFR 200, is defined as a dealer, distributor, merchant, or other seller providing
goods or services.
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APPENDIX E
REQUIRED 2 CFR 200 CLAUSES
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES & AUDIT REQUIREMENTS FOR
FEDERAL AWARDS
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APPENDIX E
REQUIRED 2 CFR 200 CLAUSES
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES & AUDIT REQUIREMENTS FOR
FEDERAL AWARDS
1. Equal Employment Opportunity. PERFORMING PARTY shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, or
national origin. PERFORMING PARTY shall take affirmative actions to ensure that applicants are
employed, and that employees are treated, during their employment, without regard to their race, religion,
color, sex, sexual orientation, gender identity, or national origin. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
2. Davis-Bacon Act. PERFORMING PARTY agrees to comply with all applicable provisions of 40 USC §
3141 – 3148.
3. Contract Work Hours and Selection Standards. PERFORMING PARTY agrees to comply with all
applicable provisions of 40 USC § 3701 – 3708 to the extent this agreement indicates any employment of
mechanics or laborers.
4. Rights to Invention Made Under Contract or Agreement. PERFORMING PARTY agrees to comply with
all applicable provisions of 37 CFR Part 401.
5. Clean Air Act, Federal Water Pollution Control Act, and Energy Policy Conservation Act.
PERFORMING PARTY agrees to comply with all applicable provisions of the Clean Air Act under 42 USC
§ 7401 – 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251 – 1387, and the Energy
Policy Conservation Act under 42 USC § 6201.
6. Debarment/Suspension. PERFORMING PARTY is prohibited from making any award or permitting any
award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549, Debarment and Suspension.
PERFORMING PARTY and its subcontractors shall comply with the special provision “Certification
Requirements for Recipients of Grants and Cooperative Agreements Regarding Debarments and
Suspensions,” which is included as Appendix B of this agreement.
7. Restrictions on Lobbying. PERFORMING PARTY of these funds is prohibited from using monies for
lobbying purposes; PERFORMING PARTY shall comply with the special provision “Restrictions on
Lobbying,” which is included as Attachment C of this Agreement. PERFORMING PARTY shall include a
statement of compliance with the Lobbying Certification and Disclosure of Lobbying Activities in applicable
procurement solicitations. Lobbying Certification and Disclosure of Lobbying Activities shall be completed
by subcontractors and included in subcontractor contracts, as applicable.
8. Procurement of Recovered Materials. PERFORMING PARTY agrees to comply with all applicable
provisions of 2 CFR §200.322.
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APPENDIX F
PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
CERTIFICATION
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APPENDIX F
PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
CERTIFICATION
This Agreement is subject to the Public Law 115-232, Section 889, and 2 Code of Federal Regulations (CFR) Part
200, including §200.216 and §200.471, for prohibition on certain telecommunications and video surveillance or
equipment.
Public Law 115-232, Section 889, identifies that restricted telecommunications and video surveillance equipment or
services (e.g., phones, internet, video surveillance, cloud servers) include the following:
A) Telecommunications equipment that is produced by Huawei Technologies Company or ZTE Corporation (or
any subsidiary or affiliates of such entities).
B) Video surveillance and telecommunications equipment produced by Hytera Communications Corporations,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliates of such entities).
C) Telecommunications or video surveillance services used by such entities or using such equipment.
D) Telecommunications or video surveillance equipment or services produced or provided by an entity that the
Secretary of Defense, Director of the National Intelligence, or the Director of the Federal Bureau of
Investigation reasonably believes to be an entity owned or controlled by the government of a covered foreign
country.
The entity identified below, through its authorized representative, hereby certifies that no funds under this Contract
will be obligated or expended to procure or obtain telecommunication or video surveillance services or equipment or
systems that use covered telecommunications equipment or services as a substantial or essential component of any
system, or as a critical technology as part of any system prohibited by 2 CFR §200.216 and §200.471, or applicable
provisions in Public Law 115-232 Section 889.
☐ The Subrecipient hereby certifies that it does comply with the requirements of 2 CFR §200.216 and §200.471, or
applicable regulations in Public Law 115-232 Section 889.
SIGNATURE OF AUTHORIZED PERSON:
NAME OF AUTHORIZED PERSON:
NAME OF COMPANY:
DATE:
-OR-
☐ The Subrecipient hereby certifies that it cannot comply with the requirements of 2 CFR §200.216 and §200.471, or
applicable regulations in Public Law 115-232 Section 889.
SIGNATURE OF AUTHORIZED PERSON:
NAME OF AUTHORIZED PERSON:
NAME OF COMPANY:
DATE:
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STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: CONSENT AGENDA ITEM III.E.2.
SUBJECT
Consider approval of an Ordinance amending the senior and disabled discount provisions of the current water/sewer
rate ordinance by extending discounts to a surviving spouse for the remainder of the fiscal year
ORIGINATED BY
Lakeita Sutton, Director of Finance and Information Technology
SUMMARY
This item was originally heard by the Council during the May 18 meeting, but amendments were requested. The
attached ordinance has been amended per that discussion and now clarifies that the surviving spouse (of a qualified
recipient) would continue receiving the discount until the end of the fiscal year.
If the attached Ordinance fulfills the intent of Council's amendments during that meeting, then it can be passed as part
of the Consent Agenda and will be implemented by staff. If it does not, however, reflect the intentions of the Council,
of course this item can be pulled for further discussion and direction.
ORIGINAL STAFF REPORT
Pursuant to the City’s current Senior/Disability Discount rate Ordinance (No. 702), the re-application process after an
initial approval is two years. This re-application process was added in June 2020 to broaden the City’s ability to
ensure that the original applicant remains eligible for the discount.
Additionally, the current — as well as all prior Senior/Disability Ordinances —states that, should a qualifying spouse
become deceased, the surviving spouse would continue to receive the discount until the end of the fiscal year, which
spans from October to the following September. After that period the surviving spouse must re-apply in order to
determine eligibility using the current, established criteria.
During the April 20, 2020 City Council Meeting, the Council suggested the following changes, which are reflected in
the attached Ordinance:
1. Require re-application after five years (rather than the current two-year requirement).
2.No re-application process for a surviving spouse. (If one spouse becomes deceased, the surviving spouse
may receive the discount indefinitely, regardless of income or disability status.)
The requirement that the discount no longer be applied to accounts for which a surviving spouse does not meet the
requirements has been in the policy since its creation. The reason that a two-year review process was originally
proposed by staff and approved by the Council was to ensure that those accounts that no longer qualify for the
discount are not receiving it while being subsidized by other customers.
RECOMMENDATION
ATTACHMENTS
1.ORIGINAL: Ordinance 2020_05.18 - Senior Disabled
Discount Amendment
Ordinance 2020_05.18 - Senior Disabled Discount
Amendment.docx
2.O --- 2021_07.20 Senior Discount Update O --- 2021_07.20 Senior Discount Update.docx
PAGE 1 OF 2
O___ CITY OF KENNEDALE, TX 2021
ORDINANCE NO. ______________
AN ORDINANCE AMENDING SECTION 23-83 “DISCOUNT FOR QUALIFYING
SENIOR CITIZENS AND DISABLED PERSONS” OF CHAPTER 23 “WATER,
SEWERS AND SEWAGE DISPOSAL” OF THE KENNEDALE CITY CODE, BY
REQUIRING APPLICANTS TO REAPPLY EVERY FIVE YEARS; PROVIDING
THAT A SURVIVING SPOUSE RETAINS THE DISCOUNT WITHOUT
REAPPLYING; PROVIDING A CUMULATIVE 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
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, Section 23-83 of the Kennedale City Code sets forth eligibility requirements
to receive the senior citizen and disabled person discount; and
WHEREAS, the City Council now desires to require that applicants reapply for the credits
every five years and not require a surviving spouse to reapply.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 23-83 “Discount for Qualifying Senior Citizens and Disabled Persons” of Chapter
23 “Water, Sewers and Sewage Disposal” of the Kennedale City Code is hereby amended by
amending subsection 23-83(3) to read as follows:
“(3) Qualifying senior citizens or disabled individuals may only apply the credit
on water rates and sewer charges to one (1) residence in the City of Kennedale.
Qualifying senior citizens or disabled individuals must apply and complete an
affidavit in order to receive the discount, and must reapply and complete an
affidavit every five years from the date of the last accepted application to continue
to receive the discount. Notwithstanding the foregoing, should a qualifying spouse
who has been receiving the discount become deceased, the surviving spouse will
continue to receive the discount and is not required to reapply.”
SECTION 2.
If a qualifying senior citizen or disabled individual has been receiving a discount on
residential water rates and sewer charges for more than five years without reapplying since their
initial application was accepted, they will not receive a discount beginning with the May 2021
water and sewer bill and must thereafter reapply for a discount as provided in Section 23-83 of
the Kennedale City Code.
SECTION 3.
A deceased qualifying senior citizen or disabled individual’s surviving spouse who lost a
discount within one year prior to the effective date of this ordinance is entitled to again receive
the discount upon submitting an application and will thereafter not be required to submit any
further applications to continue receiving the discount.
PAGE 2 OF 2
O___ CITY OF KENNEDALE, TX 2021
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale,
Texas, except where the provisions of this ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 5.
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 invalid or unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 6.
This ordinance shall be in full force and effect after its passage and it is so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ON THE 18TH DAY OF MAY 2021.
APPROVED:
______________________________
MAYOR BRIAN JOHNSON
ATTEST:[CITY SEAL]
______________________________
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:EFFECTIVE DATE:
______________________________
CITY ATTORNEY DREW LARKIN
PAGE 1 OF 2
O CITY OF KENNEDALE, TX 2021
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 23-83 “DISCOUNT FOR
QUALIFYING SENIOR CITIZENS AND DISABLED PERSONS” OF
CHAPTER 23 “WATER, SEWERS AND SEWAGE DISPOSAL” OF THE
KENNEDALE CITY CODE, BY EXTENDING DISCOUNT BENEFITS TO
A SURVIVING SPOUSE FOR THE REMAINDER OF THE FISCAL YEAR;
PROVIDING A CUMULATIVE 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 adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Section 23-83 of the Kennedale City Code sets forth eligibility
requirements to receive the senior citizen and disabled person discount; and
WHEREAS, the City Council now desires to extend the discount benefits to a
surviving spouse for the remainder of the fiscal year.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 23-83 “Discount for Qualifying Senior Citizens and Disabled Persons” of
Chapter 23 “Water, Sewers and Sewage Disposal” of the Kennedale City Code is hereby
amended by amending subsection 23-83(3) to read as follows:
(3) Qualifying senior citizens or disabled individuals may only apply the
credit on water rates and sewer charges to one (1) residence in the
City of Kennedale. Qualifying senior citizens or disabled individuals
must apply and complete an affidavit in order to receive the discount,
and must reapply and complete an affidavit every five years from the
date of the last accepted application to continue to receive the
discount. Should a qualifying spouse become deceased, the
surviving spouse will continue to receive the discount until the end of
the then current fiscal year, which spans from October to the
following September.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
PAGE 2 OF 2
O CITY OF KENNEDALE, TX 2021
SECTION 3.
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 invalid
or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such invalid
or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
This ordinance shall be in full force and effect after its passage and it is so
ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ON THE 20th DAY OF JULY 2021.
APPROVED:
________________________________
MAYOR LINDA RHODES
ATTEST:[CITY SEAL]
________________________________
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
________________________________ ________________________________
CITY ATTORNEY DREW LARKIN
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM III.E.3.
SUBJECT
Consider authorizing the Interim City Manager to enter into a Professional Services Agreement (PSA) with Shield
Engineering for engineering design and services related to the Safe Routes to School (SRTS) Program
ORIGINATED BY
Leslie E. Galloway, Temporary Interim City Manager
SUMMARY
The attached Professional Services Agreement (PSA) with Shield Engineering provides for necessary engineering
services related to the Safe Routes to School (SRTS) Program at a cost of $103,250 (see Item IV.F.4. for additional
information on this item. There could be additional costs in the event that additional easement requirements are
identified during the design phase. Any such additional easements will cost an additional $1,500 each.
PROGRAM BACKGROUND
The City of Kennedale has collaborated with the North Central Texas Council of Governments (NCTCOG) on design
and funding for a Safe Routes to School Program that will focus on safe pedestrian connections to James F. Delaney
Elementary and James A. Arthur Intermediate Schools. City staff has worked closely with NCTCOG, Kennedale ISD,
and other stakeholders to identify needs and possible pedestrian improvements. This work resulted in a proposal
including new sidewalks and crosswalks in and around the Crestdale neighborhood.
In 2018 the City Council approved the City’s participation in the SRTS program with a total estimated project cost, at
that time, of $826,633. The City’s required 20% match was to have been $165,327. The City Council, with the
approval of Resolution 566 on February 18, 2020, reaffirmed the City’s commitment to funding of the local share of
the project costs. The original local match was to be funded from the proceeds of the Tax Notes issued in 2018.
Rising construction cost estimates, since initial approval by Council, have increased the total project cost by $180,257
— from $826,633 to $1,066,890. This latest estimate includes a 10% or $96,990 TxDOT charge for Administrative
Expenses. The increased total project cost has, therefore, increased the City’s matching share from $165,327 to
$213,378. Additionally, TxDOT recently advised the City and NCTCOG that TxDOT will not provide the engineering
design. Cost of the design must, therefore, be paid by the City.
These engineering costs, estimated to be $103,250, will be in addition to the required 20% match. The City’s total cost
is now estimated to be $316,628 ($213,378 + $103,250). It is recommended that the increased local share and
the engineering fees be paid from the proceeds of the debt (COs) planned for issuance in August/Sept
2021. The project is scheduled, at this time, to be let in January 2022.
RECOMMENDATION
Approve
Approval of the engineering design contract with Shield Engineering as presented.
ATTACHMENTS
1.Shield Engineering - Kennedale SRTS PSA Shield Engineering SRTS PSA.pdf
2.R566 SRTS NCTCOG R566.pdf
3.SRTS Plan (Revised 01.2020) Sidewalks and
Crossings
SRTS Plan (Revised 01.2020) Sidewalks and
Crossings.pdf
4.SRTS Plan (Revised 01.2020) Traffic Calming SRTS Plan (Revised 01.2020) Traffic Calming.pdf
5.TxDOT Project Information Form (PIF)TxDOT Project Information Form (PIF).xls
6.TxDOT Special Approval Form (SPA)TxDOT Special Approval Form (SPA).pdf
Initials _______ _______ Page 1 of 10
(FIRM) (CLIENT)
AN AGREEMENT TO PROVIDE LIMITED PROFESSIONAL SERVICES
PROJECT NAME: Kennedale Safe Routes to School Improvements
PROJECT NO: 2020001.01
CLIENT: City of Kennedale, Attn: Larry Hoover
ADDRESS: 405 Municipal Drive, Kennedale, TX 76060
hereby requests and authorizes Shield Engineering Group, PLLC (the Firm) to perform the
following Services.:
SCOPE: The Firm understands this project, known as the Kennedale Safe Routes to School Project,
located in Kennedale, Texas, to consist of civil engineering services associated with sidewalk and street
improvements to Cloverlane, Mistletoe, Paula, Timberline, Crestview, and Reeves as identified in the
Safe Routes to School Application. Sidewalks are only proposed for one side of the street on Paula,
Timberline, Crestview and Reeves. Crosswalks and Curb Extensions (also known as “bulb -outs”) will
be included on Cloverlane and Mistletoe. Design will also include signage and striping as recommended
in the Safe Routes to School Plan. A mid-block crosswalk with pedestrian hybrid beacon on Kennedale
Parkway has not been included in this scope of work. Geotechnical Investigation, traffic analysis, street
light or signal design, and Landscape/Irrigation Design are also not included with this scope of work.
This scope assumes that Kennedale standard street and sidewalk sections will be used for the
pavement repair and sidewalk design. This scope is based on the attached exhibit as submitted to
NCTCOG and shown on the last page of this document.
Sidewalk and curb extensions will be designed to limit impact to existing drainage. However, a drainage
analysis or design is not included in this scope of work.
Exhibits, as-built plans, and other miscellaneous services beyond this scope will be Additional Services
and billed at the Hourly Rate Schedule provided with this scope.
The Client shall either directly provide the following information or make the information available from
one of the Client’s subconsultants including but not limited to:
• Subdivision/ Infrastructure Plans
• Final Plats
Basic Services:
1. Conceptual Design Package and Data Collection: $14,625
a. Site Visit: The Firm will visit the site one time to observe existing conditions.
b. Plan Research: The Firm will gather available existing infrastructure plans adjacent to and
serving the site to be used for the site civil design. Firm will research proposed improvements
in conjunction with any other planned future improvements that may influence the project.
c. Conceptual Design Package: shall include the following.
i. Graphic exhibits and written summary of alternative design concepts considered, strengths
and weaknesses of each, and the rationale for selecting the recommended design concept.
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(FIRM) (CLIENT)
ii. Existing and proposed typical sections of the sidewalk and curb extensions to be
constructed including: existing and proposed ROW, existing and proposed lane widths,
existing and proposed curbs, sidewalks, and retaining walls. It is assumed that any
pavement improvements around the curb extensions will be reinforced concrete section.
iii. Conceptual plan sheets showing existing and proposed horizontal sidewalk alignments,
existing and proposed ROW, existing and proposed driveways, proposed lane dimensions,
existing drainage structures, city owned and franchise utilities as determined by dig-tess,
and existing roadway vertical alignments (profiles).
d. Preliminary Opinion of Probable Costs: The Firm will prepare one Preliminary Opinion of
Probable Cost using our recent bid tabs, or Client provided unit prices, however, in either
case, the Client represents their acceptance of these prices by using the estimate provided.
2. Final Design and Specifications: $ 38,800
a. Final Design Drawings: The final design drawings shall include:
i. Project Control Sheet showing all control points used or set while gathering data.
ii. Downstream Assessment\ Drainage Analysis: The Firm will not provide a downstream
assessment or drainage analysis for the project. The sidewalks and curb extensions will
be designed to limit any drainage impacts downstream, but a drainage analysis is not
included with this contract.
iii. Sidewalk plan and typical roadway sections.
iv. Details.
b. Traffic Control Plan: The Firm will prepare a traffic control plan using City and MUTCD
standards.
c. Erosion Control Plan: The Firm will prepare an erosion control plan using City and TCEQ
standards to be used with the contractor SWPPP.
d. Preliminary Opinion of Probable Costs: The Firm will update the Preliminary Opinion of
Probable Cost.
e. Specifications: The Firm shall prepare draft specifications per TxDOT standards.
f. SWPPP: For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP)
with appropriate regulatory agencies.
g. Public Meetings: Assumes 2 public meetings.
h. Franchise Utility Relocation Coordination and Offsite Franchise Utility Coordination.
3. Bid Phase Support Services: $2,500 Hourly
a. The Firm shall sell (or transmit electronically at no cost) contract documents and maintain a
plan holders list of Contractor’s and Plan Holder Registrations who have requested or
purchased plans.
b. The Firm will develop and implement procedures for receiving and answering bidders’
questions and requests for additional information. The procedures shall include a log of all
significant bidders questions and requests and the response thereto. The Firm will provide
Initials _______ _______ Page 3 of 10
(FIRM) (CLIENT)
technical interpretation of the contract bid documents and will prepare proposed responses to
all bidders questions and requests, in the form of addenda. The Firm shall transmit all
approved addenda distribute addenda to all plan holders.
c. The Firm will attend the prebid conference in support of the City.
d. The Firm will assist the City in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
e. The Firm will attend the bid opening in support of the City.
f. The Firm will tabulate and review all bids received for the construction project, assist the City
in evaluating bids, and recommend award of the contract.
g. The Firm will incorporate all addenda into the contract documents and issue conformed sets.
4. Construction Phase Services: $10,000 Hourly
a. The Firm shall attend the preconstruction conference.
b. The Firm shall visit the project site at requested intervals as construction proceeds to observe
and report on progress.
c. As requested by the City, the Firm shall provide necessary interpretations and clarifications of
contract documents, review change orders, and make recommendations as to the
acceptability of the work.
5. TxDOT Environmental Clearance: $36,025
The Firm will subcontract with an environmental firm to provide the environmental clearance
support for this project. This estimate assumes that the project will be authorized by a Categorical
Exclusion and that an Environmental Assessment or Environmental Impact Statement will not be
required. This estimate also assumes that any use of publicly owned parks will have no more
than a de minimis impact, and that there will not be negative impacts to archeological or historic
features. The following impact assessments and write-ups are included:
a. Air
b. Cultural Resources
c. Community Impacts
d. Access and Travel Patterns
e. Community Cohesion
f. Water Resources (Provided with the Environmental Delineation above)
g. Floodplain (includes coordination with the flood study provided above)
h. Biological Resources
i. Hazmat
j. Section 4(f)
k. Indirect and Cumulative Impacts
Also included is attendance at a public meeting and summary documentation of the meeting to
show public involvement, and general coordination with TxDOT and other agencies as necessary.
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(FIRM) (CLIENT)
6. ADA Accessibility Review: $1,300
The Firm will subcontract with a TDLR reviewer for ADA compliance. The Firm will submit the
proposed improvement plans to a TDLR reviewer who will review the plans for conformance with
the State of Texas Architectural Barriers Act, Article 9102, in the Texas Civil Stat utes. The Firm
will address issues pertaining to ADA access concerns and assumes addressing one set of
comments from the TDLR reviewer. Upon completion of the project, the TDLR reviewer will follow
up with an inspection of the improvements and issue comments that may need to be addressed
by the contractor and will send a compliance letter once the project has been determined to be
compliant to close out the TDLR report.
7. Easement Separate Instruments: The Firm’s Surveyor shall prepare documents to be used to
obtain permanent and/or temporary easements required to construct the improvements. The Firm
shall assist the Client with normal coordination of the easement process but is n ot responsible for
negotiating, securing or executing any part of the easement(s). Additional easements will be
considered Additional Services. $1,500 each
SUMMARY:
1. Conceptual Design Package and Data Collection $ 14,625
2. Final Design and Construction Documents $ 38,800
3. Bid Phase Support Services hourly estimate $ 2,500
4. Construction Phase Services hourly estimate $ 10,000
5. TxDOT Environmental Clearance $36,025
6. ADA Accessibility Review $1,300
Total Estimated Fee: $ 103,250
7. Easements each $ 1,500
Reimbursable budget estimate: As Incurred
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(FIRM) (CLIENT)
The Client will pay all Impact fees, FEMA fees, submittal fees, and all other fees and taxes.
The Firm will provide the professional services listed above in accordance with local requirements and
per the Client’s instructions within the legal and ethical obligations as described in The State of Texas,
Texas Engineering Practice Act and Rules Concerning the Practice of Engineering and Professional
Engineering Licensure (latest edition). This scope of services contract does not imply or guarantee
acceptance by governing agencies or municipalities.
Accepted for CLIENT Accepted for SHIELD ENGINEERING GROUP, PLLC
By: By:
Name: Name: Jean-Marie Alexander
Title: Title: COO
Date: Date:
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(FIRM) (CLIENT)
Exclusions and Additional Services: This proposal was prepared based on information provided by the
Client and the conditions known to Shield Engineering Group, PLLC at the time of preparing this proposal.
Tasks not included in the scope will be considered Additional Services. If the Engineer is requested to
become involved with any of the following items, the Firm will be pleased to provide them for additional fees
to be determined at that time. Additional Services include any services not listed above and all other special
or miscellaneous services specifically authorized by the Client. Authorized Additional Services shall be
billed in accordance with the attached Hourly Rate Schedule or for a prenegotiated lump sum fee approved
by the Client. The following is an example of services which will be considered additional or excluded:
• Bidding Phase Services beyond those listed above.
• Construction Phase Services beyond those listed above.
• Subsurface Utility Engineering (SUE)
• Traffic Analysis, Parking Flow Study, Signal Warrant Study
• Studies: Line of Sight, Water, Sanitary Sewer, Traffic, Flood
• Special Use Permits for Oil and Gas Coordination
• Survey (beyond those listed above): As-Built Survey/ALTA Survey, Boundary Title Search,
Vacation Instruments, Additional Closing Exhibits and Legal Descriptions, G rade Certification,
Rail Certification, or any other surveying services beyond those listed above
• Demolition Plan
• City Encroachment Agreements
• TxDOT Driveway/Utility Permit, Design and Details
• Water Appropriations, FAA, TxDOT, TRA, Railroad, Driveway
• Landscape architecture and irrigation system design
• Environmental Waters of the US/Wetland permits
• LOMR, CLOMR,
• Design of pump house, fire alarms, flow test(s) and/or ground storage tank for fire protection
system design
• Design of retaining walls, screening walls, detached structures, special brick paved areas,
etc.
• Design of offsite spoil/borrow area for excavation material
• Geotechnical Investigations, Material Testing and Inspection Services
• Services of Special Consultants
Initials _______ _______ Page 7 of 10
(FIRM) (CLIENT)
TERMS AND CONDITIONS
1. AUTHORIZATION TO PROCEED: Signing this Agreement shall be construed as authorization by CLIENT for the FIRM to proceed with the
Services, unless otherwise provided for in this Agreement.
2. ACCESS TO SITE: Unless otherwise stated, the Firm will have access to the site for activities necessary for the performance of the services.
3. COST ESTIMATES: Any cost estimates provided will be on a basis of experience and judgment. Since the FIRM has no control over market
conditions or bidding procedures, the FIRM does not warrant that bids or ultimate construction costs will not vary from these cost estimates.
4. ADDITIONAL SERVICES: Services in addition to those specified in Scope will be provided if authorized in writing by CLIENT. Additional
services will be paid for by CLIENT as indicated in any Letter of Proposal, Task Authorization, or such other document as deemed appropriate by
CLIENT and FIRM. In the absence of an express agreement about compensation, the FIRM shall be entitled to an equitable adjustment to its
compensation for performing such additional services.
5. STANDARD OF CARE: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or
similar locality. Upon notice to the FIRM and by mutual agreement between the parties, the FIRM will, without additional compensation, correct those
services not meeting such a standard.
6. INDEMNIFICATION: FIRM SHALL INDEMNIFY AND HOLD HARMLESS CLIENT, ITS OFFICERS, OFFICIALS, AGENTS AND EMPLOYEES,
IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO
PROPERTY AND/OR INJURIES (INCLUDING DEATH) TO ANY PERSON OR PERSONS, INCLUDING OFFICERS, EMPLOYEES OR AGENTS OF
FIRM, WHICH ARE CAUSED BY ANY NEGLIGENT ERROR, OMISSION, DEFECT, OR DEFIC IENCY IN THE PERFORMANCE OF FIRM'S
PROFESSIONAL SERVICES OR IN THE NEGLIGENT PREPARATION OF DESIGNS, WORKING DRAWINGS, SPECIFICATIONS OR OTHER
ENGINEERING DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE HEREWITH. FIRM SHALL PAY
ALL EXPENSES (INCLUDING REIMBURSEMENT OF REASONABLE ATTORNEY'S FEES AND COSTS OF COURT IN PROPORTION TO
ENGINEER’S LIABILITY) AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST CLIENT OR ITS
OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES IN CONNECTION HEREWITH; PROVIDING AND EXCEPT, HOWEVER, THAT THIS
INDEMNITY PROVISION SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR HOLD HARMLESS CLIENT, ITS
OFFICERS, OFFICIALS, AGENTS, OR EMPLOYEES FROM LOSS, DAMAGES, LIABILITY OR EXPENSE ON ACCOUNT OF DEFECTS OR
DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED TO FIRM BY CLIENT AND WHICH FIRM COULD NOT DISCOVER BY
THE EXERCISE OF REASONABLE DILIGENCE. IT IS UNDERSTOOD AND AGREED BY BOTH PARTIES TO THIS AGREEMENT THAT THE
FIRST TEN DOLLARS ($10.00) OF REMUNERATION PAID TO FIRM UNDER THIS AGREEMENT SHALL BE IN CONSIDERATION FOR
INDEMNITY/INDEMNIFICATION PROVIDED FOR IN THIS AGREEMENT. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
7. DISPUTE RESOLUTION: Any claims or disputes made during design, construction or post-construction between the CLIENT and FIRM shall be
submitted to non-binding mediation, and any mediation must be conducted by a mutually agreed upon mediator located in Tarrant County, Texas.
CLIENT and FIRM agree to include a similar mediation agreement with all contractors, subcontractors, sub-consultants, suppliers and fabricators,
thereby providing for mediation as the primary method for dispute resolution between all parties.
8. PAYMENT TO FIRM: Invoices for the FIRM’s service shall be submitted to CLIENT on a monthly basis. The CLIENT shall either approve these
invoices or notify the FIRM of any invoices not approved. The CLIENT and the FIRM shall confer and attempt to resolve such disputed invoices. The
CLIENT shall pay the FIRM for all undisputed invoices 30 days after CLIENT receives the invoice. If Client has failed to pay an undisputed invoice after
45 days of CLIENT’s receipt of the invoice, FIRM may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the
CLIENT, terminate the performance of the service. [Retainers/Deposits shall be credited on the final invoice.]
9. LATE PAYMENTS: Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge o f 1.5% (or the legal rate) on the
then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection,
including reasonable attorney’s fees.
10. TERMINATION: Either CLIENT or FIRM may terminate this Agreement by giving 30 days’ written notice to the other party. In such event CLIENT
shall forthwith pay FIRM in full for all work previously authorized and performed prior to effective date of termination. FIRM, unless requested by
CLIENT, is not authorized to perform any services after either party receives a notice of termination, and will not be paid f or any such unauthorized
work. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable
requirements of this Agreement.
11. CERTIFICATIONS: Guarantees and Warranties: The FIRM shall not be required to execute any document that would result in its certifying,
guaranteeing or warranting the existence of conditions whose existence the FIRM cannot ascertain.
12. OWNERSHIP OF DOCUMENTS: Upon FIRM’s completion of services and receipt of payment in full, or upon termination of this Agreement,
FIRM shall grant to CLIENT a non-exclusive license to possess the final drawings and instruments produced in connection with FIRM’s performance of
the work under this Agreement, if any. Said drawings and instruments may be copied, duplicated, reproduced and used by CLIENT for the purpose of
constructing, operating and maintaining the improvements contemplated by this Agreement. CLIENT agrees that such documents are not intended or
represented to be suitable for reuse by CLIENT or others for purposes outside the scope of this Agreement. Notwithstanding the foregoing, CLIENT
understands and agrees that any and all computer programs, GIS applications, proprietary data or processes, and certain other items related to the
services performable under this Agreement are and shall remain the sole and exclusive property of FIRM and may not be used or reused, in any form,
by CLIENT without the express written authorization of FIRM. Client agrees that any reuse by CLIENT, or by those who obtain said information from or
through CLIENT, without written verification or adaptation by FIRM, will be at CLIENT’s sole risk and without liability or legal exposure to FIRM or to
FIRM’s employees, agents, representatives, officers, directors, affiliates, shareholders, owners, members, managers, attorneys, subsidiary entities,
advisors, subconsultants or independent contractors or associates.
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(FIRM) (CLIENT)
13. SEVERABILITY: In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining
provisions contained herein shall not be impaired thereby
14. JOBSITE SAFETY: Neither the professional activities of the FIRM, nor the presence of the FIRM or its employees and subconsultant’s at a
construction/project site, shall impose any duty on the FIRM, nor relieve the General Contractor of its obligations, duties and responsibilities including,
but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the
Work in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies. The FIRM and its
personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or
safety programs or procedures.
15. ENTIRE AGREEMENT: This Agreement represents the entire understanding of CLIENT and FIRM. No prior oral or written understandings shall
be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both
parties. This Agreement constitutes, represents and is intended by the parties to be the complete and final statement and expression of all of the terms
and arrangements between the parties to this Agreement with respect to the matters provided for in this Agreement. This Agreement supersedes any
and all prior or contemporaneous agreements, understandings, negotiations, and discussions between the parties and all such matters are merged into
this Agreement.
16. INSURANCE: FIRM shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement and for a period
of four (4) years thereafter, professional liability insurance. The limits of liability shall be $1,000,000 per claim and in the aggregate. FIRM shall submit
to the CLIENT a certificate of insurance prior to commencing any work for the CLIENT.
17. ASSIGNMENT: Neither the CLIENT nor FIRM may assign their rights or delegate their duties without the written consent of the other party. This
Agreement is binding on the parties to the fullest extent permitted by law. Nothing herein is to be construed as creating any personal liability on the
part of any CLIENT officer, employee or agent.
18. JURISDICTION AND VENUE: This Agreement shall be administered under the substantive laws of the State of Texas (and not its conflicts of law
principles) which shall be used to govern all matters arising out of, or relating to, this Agreement and all of the transactions it contemplates, including
without limitation, its validity, interpretation, construction, performance and enforcement. Exclusive venue shall lie in any court of competent jurisdiction
in Tarrant County, Texas.
19. ATTORNEY’S FEES: If it becomes necessary to take legal action to interpret or enforce the terms of this Agreement, the prevailing party in such
action shall be entitled to recover from the non-prevailing party, the prevailing party’s reasonable attorney’s fees and costs of court.
Initials _______ _______ Page 9 of 10
(FIRM) (CLIENT)
2021 HOURLY RATE SCHEDULE
Principal / Director $250
Program Manager $225
Project Manager $205
Senior Professional Engineer $190
Professional Engineer $160
EIT II $130
EIT I $110
Designer $130
CAD Drafter $110
Support / Admin $95
Senior RPLS $205
RPLS $160
GIS Analyst $120
Survey Technician $110
Party Chief $110
Survey Crew Member $65
Hourly Rate Schedule as of the date of this contract is subject to change without notice.
Initials _______ _______ Page 10 of 10
(FIRM) (CLIENT)
RESOLUTION NO. 566
A RESOLUTION OF THE CITY OF KENNEDALE IN SUPPORT OF THE
SAFE ROUTES TO SCHOOL PROGRAM TRANSPORTATION
ALTERNATIVES PROJECT.
WHEREAS, the Regional Transportation Council, comprised primarily of local
elected officials, is the regional transportation policy board associated with the North
Central Texas Council of Governments and the regional forum for cooperative decisions
on transportation; and
WHEREAS, the Regional Transportation Council will award funding on
September 10, 2020 for active transportation and safe routes to school projects through
the Transportation Alternatives Call for Projects; and
WHEREAS, the City of Kennedale (the "City") intends to submit a Transportation
Alternatives project application for the Safe Routes to School Program (the "Project') to
the North Central Texas Council of Governments prior to the May 15, 2020 deadline;
and
WHEREAS, the Regional Transportation Council requires the submittal of a
resolution as part of the Transportation Alternatives Call for Projects application
submission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The City supports the Project as applied for in the 2020 Transportation
Alternatives Call for Projects application.
SECTION 2.
The City will serve as the Project Sponsor and lead Project contact on this
Project. The City agrees to designate a single point of contact for the Project.
SECTION 3.
The City commits to fund or pass through funds from other sources for a
minimum local cash match of twenty percent (20%) of the total Project cost.
SECTION 4.
The City confirms that the City, not the Regional Transportation Council, will be
responsible for any cost overruns.
Page 1 of 2
R566 CITY OF KENNEDALE, TX 2020
SECTION 5.
The City understands and acknowledges that all awarded funding is provided on
a reimbursement basis.
SECTION 6.
The City confirms the Project timeline is realistic and commits that if the Project is
selected for funding, an agreement will be executed within one year of selection and the
Project will advance to construction within three years from the date of selection.
PASSED AND APPROVED THIS 18TH DAY OF FEBRUARY, 2020.
ATTEST:
CITY SECRETARY, LESLIE E. GALLOWAY
APPROVED:
M YOR, BRI N JOHNSON
of oKENA,14#0,
nt —
C'.)
11/1/ ". • ..,,''':'' s-s-'
9, ,COUNI‘t %.,pi••*"
lig/111W".
Page 2 of 2
R566 CITY OF KENNEDALE, TX 2020
Revised January 02, 2017
Return Project Information Form to TxDOT Project Manager
CSJ #: District:Fort Worth
Name of Highway System:County:TARRANT
Letting Type:-----Letting Date:
Payee Identification Number (14 Digits):
1 Agency Name:Tel.
2 Address:
3 City/State:Texas Zip+4 :
4 (Print)Agreement Signer:TITLE :
5 Project Manager /Consultant Tel:
7 Project Limits From:
8 Project Limits To:
9 Any Details not listed that we need to be aware of ?
10 Is this Local Entity Local Government Project Procedures(LGPP) Certified.-----ON or OFF System:-----
11 Preliminary Engineering (Environmental and Plans)
How is Preliminary Engineering being performed?-----
Local Government seeking reimbursement for Preliminary Engineering?-----
12 Right of Way / Utilites
Right of Way Required?-----If required, is Local Government seeking reimbursement?-----
Utilities Required?-----If required, is Local Government seeking reimbursement?-----
13 Construction
Force Account Work (Local Government Performs Construction including purchase of services) on a Highway Improvement.-----
Local Government let through competitive bid?-----State Letting?-----
Local Government seeking reimbursement for Construction Management?-----
14 What is your DUNS Number? https://www.bpn.gov/ccrsearch/detail.aspx DUNS Number:
DUNS Expiration Date:
TxDOT Project Manager
Funding Category(ies):-----------------------------------------------------------------------------------------
Have the Funds been Approved or Verified for this Project?-----
(Authorized by the Commission / on the STIP / TIP, etc)
Is this Project setup in DCIS -----
Will there be a Special Approval Form - AED Approval -----
(Engineering, Construction, and On System Force Account Work)
Have the Risk Assessment been completed?-----
TxDOT Project Manager Name:AREA OFFICE:------------------
Email Address:@txdot.gov Telephone:
PROJECT INFORMATION FORM
dd544c0eab.xls
Revised January 02, 2017
----------------------Project:0000 - 00 - 000
SCOPE OF WORK
Scope of work should be very detail (Explain exactly what is going to happen on this project)
PROJECT BUDGET
(All Cost Estimates are required)
Once all the necessary information has been completed press the "F9" function key to calculate the budget page.
IMPORTANT: DO NOT press the F9 key until ALL information has been entered. Each time you press this key it will recalculate your budget balance.
Agency Complete
Description Total Estimated
Cost
Federal
Participation
State
Participation
Local
Participation
%Cost %Cost %Cost
Environmental $0 0%$0 0%$0 0%$0--------------
Engineering $0 0%$0 0%$0 0%$0--------------
Right of Way $0 0%$0 0%$0 0%$0--------------
Utilities $0 0%$0 0%$0 0%$0--------------
Construction $0 0%$0 0%$0 0%$0--------------
TOTAL $0 $0 $0 $0
PLEASE ATTACH AN PROJECT LOCATION MAP.
TxDOT Project Manager
TxDOT Project Manager will review the information on Project Information Form
and approve information by Sign & Date here:
PROJECT INFORMATION
dd544c0eab.xls
Project CSJ: ______________________________
LG Name: ______________________________
LG Texas ID No. (TIN): ______________________________
District: ______________________________
Project Name: ______________________________
July 24, 2019 Oversight Level Special Approval – Part A Page 1 of 8
Oversight Level Special Approval
Part A - LG Qualifications Statement
(Local Government Agency management
of project development process elements)
Local government (LG) agencies may manage elements of the project development process (environmental, right-of-
way acquisition, utility relocation, design/bid document preparation, letting and award, and construction/project close-
out) with written TxDOT approval. This approval is typically provided by language in the Advance Funding Agreement
executed by TxDOT and the local government agency. Part A (pages 1-4) of this form is required to be completed by LG
personnel. Upon receipt of completed Part A, the TxDOT district will evaluate the LG’s capabilities to manage one or
more elements of a project using Part B (pages 5-8) for recommendation to the TxDOT’s Deputy Executive Director.
Describe the following items for the proposed project or program
Project limits, type of
work and any
significant elements
Preliminary estimated
project costs
Anticipated Funding
Sources FHWA _______ % TxDOT _______ % Local _______ %
To be performed
by LG with its own
staff?
To be performed by
consultant under
contract with LG? LG proposes to manage the following activities for this project
Environmental
Right-of-way acquisition
Utility relocation
Design and bid document preparation
Letting and award
Construction oversight, inspection, documentation and project close-out
Other_________________________________________
Other_________________________________________
Describe LG’s approach to performing the proposed management services for this project
Project CSJ: ______________________________
LG Name: ______________________________
LG Texas ID No. (TIN): ______________________________
District: ______________________________
Project Name: ______________________________
July 24, 2019 Oversight Level Special Approval – Part A Page 2 of 8
In evaluating a LG request to manage elements of the project development process for projects on the State Highway
System or which include TxDOT and/or FHWA funding, 43 TAC §15.52 requires TxDOT to consider five criteria. The LG is
to provide information requested in Items 1 and 2 below. TxDOT district personnel will complete information on the
remainder of the evaluation criteria in Part B (pages 5-8).
1. Previous experience of the LG in performing the type of work proposed
Attach an audited financial statement of Local Government Agency for most recent fiscal year.
If TxDOT already has a copy of a Single Audit report or other audited financial statement for a
recent year insert the fiscal year in the box to the right (submittal of an additional audit is not
required).
Please provide information on up to two similar, completed projects managed or performed by the LG in the past 5
years.
PROJECT A
Name of previously completed
project
Describe type of work
Describe any complex items of work
Construction cost Estimated: Actual:
Letting date Scheduled: Actual:
Contract time Scheduled: Actual:
LG management activities performed
by LG personnel
LG management activities performed
by consultants
Name of current LG employee
contact who worked on project Phone #
Email
Project CSJ: ______________________________
LG Name: ______________________________
LG Texas ID No. (TIN): ______________________________
District: ______________________________
Project Name: ______________________________
July 24, 2019 Oversight Level Special Approval – Part A Page 3 of 8
PROJECT B
Name of previously completed
project
Describe type of work
Describe any complex items of work
Construction cost Estimated: Actual:
Letting date Scheduled: Actual:
Contract time Scheduled: Actual:
LG management activities performed
by LG personnel
LG management activities performed
by consultants
Name of current LG employee
contact who worked on project Phone #
Email
2. The capability of the LG to perform the type of work proposed or to award and manage a
contract for that work in a timely manner, consistent with federal, state, and Department
regulations, standards, and specifications
Please describe the LG’s proposed personnel.
Name of person to serve in
the position of Responsible
Person in Charge
Position/
Title
a. Must be full-time employee of LG;
b. Must be able to administer project activities (cost, time, scope, adherence to contract requirements,
construction quality, etc.);
c. Must maintain familiarity with day-to-day project operations (including project safety);
d. Must make or participate in decisions about change orders or supplemental agreements;
e. Must visit and review the project regularly;
f. Must review financial processes, transactions and documentation; and
g. Must direct his/her project staff (agency or consultant) at all stages of the project.
Project CSJ: ______________________________
LG Name: ______________________________
LG Texas ID No. (TIN): ______________________________
District: ______________________________
Project Name: ______________________________
July 24, 2019 Oversight Level Special Approval – Part A Page 4 of 8
Name of person to serve as
Project Manager Position/
Title
a. Responsible for daily oversight of the project;
b. Primary point of communication with TxDOT for day-to-day matters;
c. May be same person as RPIC; and
d. May be local government employee or consultant.
Project Manager’s previous experience on
projects of similar type, complexity and cost
Project Manager’s previous experience on
TxDOT and/or FHWA-funded projects
Name of person to serve in
the position of Qualified
Person
Position/
Title
a. Must have completed TxDOT-required LGPP training prior to execution of AFA;
b. May be same person as RPIC or PM; and
c. May be LG employee or consultant.
Qualified Person’s previous experience on
projects of similar type, complexity and cost
Qualified Person’s previous experience on
TxDOT and/or FHWA-funded projects
Information submitted by:
LG representative signature Date
LG representative printed name LG representative title
Project CSJ: ______________________________
LG Name: ______________________________
LG Texas ID No. (TIN): ______________________________
District: ______________________________
Project Name: ______________________________
July 24, 2019 Oversight Level Special Approval – Part B Page 5 of 8
Oversight Level Special Approval
Part B - TxDOT Evaluation and Special Approval of LG Qualifications
(Local Government Agency management
of project development process elements)
Local government (LG) agencies may manage elements of the project development process (environmental, right-of-way
acquisition, utility relocation, design/bid document preparation, letting and award, and construction/project close-out)
with written TxDOT approval. This approval is typically provided by language in the Advance Funding Agreement executed
by TxDOT and the LG. Completion of Part A - LG Qualifications Statement and this Part B - TxDOT Evaluation and Special
Approval of LG Qualifications are required for TxDOT to authorize the LG to manage one or more elements of a project.
In approving a LG request to manage elements of the project development process for projects on the State Highway
System or with TxDOT and/or FHWA funding, 43 TAC §15.52 requires TxDOT to consider five criteria. TxDOT district
personnel shall review Part A (pages 1-4), provide supplemental information by fully completing Part B (pages 5-8), and,
based upon a determination of the adequacy of the LG’s project delivery systems and accounting controls, recommend
an appropriate role for the LG in project delivery and set a minimum oversight level on page 7 of this form.
43 TAC §15.52 regulations require the approval of the Executive Director (or authorized designee) for the LG to manage
projects in the following cases:
Applies
Any project on the State Highway System that improves freeway mainlanes
A roadway improvement project that is to be on the State Highway System for which less than 50 percent
of the funds come from sources other than federal or state highway funding
1. Department resources available to perform or manage the highway improvement project
in an efficient and timely manner
Describe any Department
resource constraints that
suggest the LG
management of project
development activities is in
the best interest of TxDOT
and the LG.
2A. LG’s previous experience in performing the type of work proposed
In Section 1 of Part A (beginning on page 2), the LG submitted information on up to two similar projects completed in
the past 5 years performed by the LG or by consultants under contract to the LG. Please rate if these previous projects
are comparable or not comparable to the proposed new project.
Yes/No TxDOT Risk Rating of LG Agency:
Project A Comparable (for definition of ratings, see page 8)
Project B Comparable Date of Rating:
2B. District evaluation of LG capability to perform type of work proposed based on past
projects identified above or other previous projects with TxDOT and/or FHWA funding
Please describe the LG’s performance.
Project CSJ: ______________________________
LG Name: ______________________________
LG Texas ID No. (TIN): ______________________________
District: ______________________________
Project Name: ______________________________
July 24, 2019 Oversight Level Special Approval – Part B Page 6 of 8
a. Timeliness and quality in
acquisition of right of way
b. Timeliness and quality in
relocation of utilities
c. Timeliness and quality of
preparing environmental
documents and obtaining
required permits and
clearances
d. Timeliness and quality of
project design and
developing contract
documents
e. Timeliness and quality of
letting and awarding
construction contract
f. Quality of performance in
managing construction
contractor and contract
change orders
g. Quality of performance
in project inspection and
documentation during
construction
h. Timeliness and quality of
reimbursement requests
throughout project
i. Timeliness and quality of
project close-out after
project acceptance
j. Timeliness of submitting
supplemental funding when
required
k. Timeliness and adequacy
in responding to audits
3. Percentage of total project costs provided by the local government
List the estimated
distribution of project costs.
Total Federal State Local
Environmental ($)
Right of Way ($)
Engineering ($)
Construction ($)
Direct State Costs ($)
Indirect State Costs ($)
Total ($)
Total (%)
Project CSJ: ______________________________
LG Name: ______________________________
LG Texas ID No. (TIN): ______________________________
District: ______________________________
Project Name: ______________________________
July 24, 2019 Oversight Level Special Approval – Part B Page 7 of 8
4. Cost effectiveness of local performance of the work as compared to awarding the highway
improvement project through TxDOT’s competitive bidding process
On federally funded projects, FHWA holds TxDOT entirely responsible for successful project delivery, including the
proper acquisition of right of way, utility relocation, environmental, design, construction, and project close-out. LG
management of the project requires the LG performance of activities plus TxDOT oversight to assure compliance with
all federal and state requirements.
Explain why it is
advantageous for
successful delivery of this
project for the LG to
manage the proposed
elements of project
development.
5. Any other considerations relating to the benefit of the state, the traveling public, and the
operations of the Department
Please list any additional
items to be considered in
TxDOT’s evaluation that are
of benefit to the state, the
traveling public, and the
operations of the
Department to allow the LG
to manage the proposed
elements of the project
development process.
Special approval for LG to manage the following items:
Environmental ROW acquisition ________________
Design/PS&E Utility relocation ________________
Letting & award Construction None
Based upon review of Part A and completion of Part B, District determines the LG has adequate project delivery
systems and sufficient accounting controls. Therefore, I (District Engineer) recommend Deputy Executive Director
provide special approval of the LG performing the above marked project delivery items. The District commits to
providing an appropriate level of oversight of LG activities to maximize compliance with applicable federal and state
laws and regulations. District will provide: Level 1 , Level 2 , Level 3 oversight, as defined on page 8.
Recommendation for approval:
District Engineer signature Date
Special approval:
Deputy Executive Director
signature
Date
Project CSJ: ______________________________
LG Name: ______________________________
LG Texas ID No. (TIN): ______________________________
District: ______________________________
Project Name: ______________________________
July 24, 2019 Oversight Level Special Approval – Part B Page 8 of 8
Local Government Projects – Risk Assessment
LG Risk Rating Definitions
Low level of risk to TxDOT A
Moderate level of risk to TxDOT B
High level of risk to TxDOT C
Unacceptable level of risk to TxDOT D
Oversight Levels
Level 1 Oversight – Relatively Low Risk Non-construction Projects and Very Low Risk Construction Projects
Level 2 Oversight – Higher Risk Non-construction Projects and Low to Moderate Risk Construction Projects
Level 3 Oversight – Higher Risk Construction Projects
TxDOT District Oversight Activity1
Minimum Frequency2
Level of Oversight
1 2 3
LG submit and TxDOT review project reports Quarterly Monthly Monthly
TxDOT host project review/coordination meetings with LG Quarterly Monthly Semi-monthly
TxDOT conduct worksite/project site visits Annually3 Monthly Weekly
TxDOT review LG project documentation/records Annually3 Monthly Monthly
LG submit and TxDOT review and approve reimbursement requests Monthly Monthly Monthly
1 Refer to TxDOT LG Project Management Guide for additional detail on oversight activities
2 Greater frequency may be at District discretion
3 Minimum of two times
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: CONSENT AGENDA ITEM III.F.1.
SUBJECT
Authorize the Interim City Manager to prepare bidding documents and publish notice for the sale of 5412 Kennedale
Street
ORIGINATED BY
Leslie E. Galloway, Temporary Interim City Manager
SUMMARY
Information related to this item is attached to the related Executive Session Item.
RECOMMENDATION
Approve
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM III.F.2.
SUBJECT
Consider authorizing the Interim City Manager to execute Change Order No. 1 for Inland Pipe Rehabilitation,
submitted by IPR SC in the amount of 23,517.37 which is part of the Crestdale sanitary sewer improvements
ORIGINATED BY
Dennis Brown, Interim Public Works Director
SUMMARY
In August 2018, Council approved an agreement with Shield Engineering for the design and construction engineering
of 1,335 LF of sanitary sewer line along Crestview Drive. The following item on this agenda is also related to this
project. Both invoices are from third-party contractors, but have been recommended for payment by Shield.
This item is a change order that addresses additional needed repairs that were not discovered until the project had
broken ground.
Staff does expect one more invoice related to this project for ~$36,000 (in addition to the two items on tonight's
agenda) to arrive in the coming weeks.
RECOMMENDATION
Approve
ATTACHMENTS
1.ORIGINAL CONTRACT ORIGINAL CONTRACT.pdf
2.CURRENT CONSIDERATION: Change Order Change Order No 1.pdf
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM III.F.3.
SUBJECT
Consider authorizing the Interim City Manager to execute a pay estimate to PM Construction & Rehab, LLC, in the
amount of $60,525.00 for the Crestdale sanitary sewer improvements
ORIGINATED BY
Dennis Brown, Interim Public Works Director
SUMMARY
This item is also related to the Crestdale sewer line replacement. The charges were accounted for in the original
contract / plan. As you'll see in the attached letter from Shield, however, line item 3 (concrete pavement repair) was
slightly over estimates. Shield and staff recommend payment of this invoice.
RECOMMENDATION
Approve
ATTACHMENTS
1.Final Pay Request Line Item 3 Final Pay Request Line Item 3.pdf
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM III.F.4.
SUBJECT
Consider approval of a Resolution authorizing publication of notice of intention to issue Certificates of Obligation to
finance street, sidewalk and related drainage improvements at various locations in the City and the acquisition of
public safety vehicles and equipment
ORIGINATED BY
Lakeita Sutton, Director of Finance and Information Technology
SUMMARY
This item originally appeared on the agenda for June 15, 2021, but was not heard at that time. Since, staff has
provided the Council with an Informal Staff Report regarding the updated schedule for this potential debt issuance and
consequences of approving (or denying) the sale of this $6m in Certificates of Obligation (COs). During a special
meeting on Tuesday, July 13, 2021, the Council directed staff to bring this item back for consideration. An updated
timeline is attached along with the Notice of Intent presentation.
Mr. Mark McLiney, Senior Managing Director of SAMCO Capital Markets San Antonio Office, will be present to
discuss the current outstanding debt, the proposed debt issuance, the timing of such an issuance, and actions
required by the Council if staff should proceed as directed.
INFORMATION FROM THE ORIGINAL STAFF REPORT
During the past several months, the Council has reviewed Capital Programming needs including streets,
water/wastewater, stormwater drainage, facilities, and various public-safety equipment and apparatus. Additionally,
the Council has provided direction regarding the opportunity to fund some of the highest priority projects through the
issuance of new debt without the need for any increase in the debt service tax rate. Council’s direction has been to
issue ~$14 million in new debt over the next three years.
It is expected that at least $6 million in CO debt could be issued in September 2021 and another $8 million in 2024 to
fund a small portion of the $90M+ in identified projects. The issuance of such debt is possible without a tax rate
increase because of expected growth in property values and the retirement of existing debt.
RECOMMENDATION
Approval of this item only serves to allow for a notice of intent to issue debt to be published and for SAMCO, on behalf
of the City, to take the $6m CO issuance to market. Another step will be required of Council (on or about September
21, 2021), which is adoption of an Ordinance authorizing the actual sale of the debt. Because the tax rate calculation
and budget development will be based upon Council's action on this preliminary item, the Council should only approve
this Resolution if there is a strong general consensus to then also approve the related Ordinance. Staff and
consultants will be available to answer questions during the meeting.
Staff would recommend approval of this item and the ultimate debt issuance.
ATTACHMENTS
1.Reso - Notice of Intention -2021 Kennedale
COs-2
2021_07.20 RESOLUTION - Notice of Intent to Issue Debt
(CO).pdf
2.Kennedale COs 2021 Revised 7-15 Draft
Timetable
Kennedale COs 2021 Revised 7-15 Draft Timetable.pdf
3.2021_07.06 ISR - Potential CO Issuance 2021_07.06 ISR - Potential CO Issuance.pdf
RESOLUTION NO. ____
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION TO FINANCE
STREET, SIDEWALK AND RELATED DRAINAGE IMPROVEMENTS AT
VARIOUS LOCATIONS IN THE CITY AND THE ACQUISITION OF
PUBLIC SAFETY VEHICLES AND EQUIPMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF KENNEDALE §
WHEREAS, the City Council of the CITY OF KENNEDALE, TEXAS (the "City") hereby
determines that it is necessary and desirable to acquire, construct and equip street, sidewalk and
related drainage improvements a various locations in the City and to acquire public safety equipment
including a fire truck, an ambulance and related equipment (collectively, the "Projects"); and
WHEREAS, the City Council of the City intends to finance the Projects from proceeds
derived from the sale of one or more series of "Combination Tax and Revenue Certificates of
Obligation" issued by the City pursuant to Sections 271.041 - 271.064, Texas Local Government
Code, as amended; and
WHEREAS, pursuant to Section 271.049, Texas Local Government Code, the City Council
deems it advisable to give notice of intention to issue certificates of obligation in an amount not to
exceed an aggregate of $6,000,000 for the purpose of paying, in whole or in part, the Projects, to pay
all or a portion of the legal, fiscal and engineering fees in connection with the Projects, and to pay
the costs of issuance related to the certificates of obligation; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
resolution was passed was open to the public, and public notice of the time, place and purpose of
said meeting was given, all as required by Chapter 551, Texas Government Code;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1. APPROVAL OF NOTICE OF INTENTION. Attached hereto as Exhibit A is a form
of the "Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation," the
form and substance of which is hereby adopted and approved. The City Manager, City Secretary,
and Director of Finance of the City are each authorized to make changes to the Notice as necessary
prior to its publication and posting as described in Sections 3 and 4 below.
SECTION 2. DESIGNATION OF SELF-SUPPORTING DEBT. In connection with providing the
information contained in the Notice approved in Section 1 above, attached hereto as Exhibit B is a
list of outstanding debt obligations of the City which the City hereby designates as self-supporting
debt for the purposes of Section 271.049(e), Texas Local Government Code.
INCLUDING EXHIBITS AND CERTIFICATE, PAGE 1 of 6
R____ CITY OF KENNEDALE, TX 2021
SECTION 3. PUBLICATION OF NOTICE OF INTENTION IN NEWSPAPER. The City Secretary
shall cause the Notice to be published in substantially the form attached hereto in a newspaper, as
defined by Subchapter C, Chapter 2051, Government Code, that is of general circulation in the area
of the City, on the same day in each of two consecutive weeks, the date of the first publication
thereof to be at least 46 days before the date tentatively set for the passage of the ordinance
authorizing the issuance of such certificates of obligation as shown in the Notice.
SECTION 4. POSTING OF NOTICE OF INTENTION ON CITY'S WEBSITE. The City Secretary
shall further cause the Notice to be posted on the City's internet website beginning at least 45 days
before, and continuing through, the date tentatively set for the passage of the ordinance authorizing
the issuance of such certificates of obligation as shown in the Notice.
SECTION 5. INCORPORATION OF RECITALS. The City Council hereby finds that the
statements set forth in the recitals of this Resolution are true and correct, and the City Council
hereby incorporates such recitals as a part of this Resolution.
SECTION 6. EFFECTIVE DATE. This Resolution shall become effective immediately upon
passage.
[The remainder of this page intentionally left blank]
2
INCLUDING EXHIBITS AND CERTIFICATE, PAGE 2 of 6
R____ CITY OF KENNEDALE, TX 2021
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS AT A REGULAR MEETING ON JULY 20, 2021, AT WHICH
MEETING A QUORUM WAS PRESENT.
__________________________________
Mayor Linda RhodesCity of Kennedale, Texas
Attest:
__________________________
City Secretary Leslie E. GallowayCity of Kennedale, Texas
(City Seal)
Signature Page to Notice of Intention Resolution Relating to the Issuance of
City of Kennedale, Texas Combination Tax and Revenue Certificates of Obligation
INCLUDING EXHIBITS AND CERTIFICATE, PAGE 3 of 6
R____ CITY OF KENNEDALE, TX 2021
EXHIBIT A
CITY OF KENNEDALE, TEXAS
NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION
The City Council of the City of Kennedale, Texas (the "City") does hereby give notice of
intention to issue one or more series of City of Kennedale, Texas Combination Tax and Revenue
Certificates of Obligation in the maximum aggregate principal amount not to exceed $6,000,000 for
the purpose of paying, in whole or in part, contractual obligations to acquire, construct and equip
street, sidewalk and related drainage improvements at various locations in the City and to acquire
public safety equipment including a fire truck, an ambulance and related equipment (collectively,
the "Projects"), and paying all or a portion of the legal, fiscal, and engineering fees in connection
with the Projects and costs of issuance related to such Certificates of Obligation. The City proposes
to provide for the payment of such Certificates of Obligation from the levy and collection of ad
valorem taxes in the City as provided by law and from a lien on and pledge of "Surplus Revenues,"
if any, received by the City from the ownership and operation of the City's municipal waterworks
and sewer system. The current principal of all currently outstanding debt obligations of the City is
$6,846,675, the combined principal and interest required to pay all currently outstanding debt
obligations of the City on time and in full is $7,317,938, the estimated combined principal and
interest required to pay the proposed Certificates on time and in full is $8,171,500, the estimated
interest rate for the proposed Certificates is 3.00%, and the maximum maturity date of the proposed
Certificates is February 1, 2041. The prior statements regarding currently outstanding debt
obligations of the City do not include debt that the City has designated as self-supporting and
payable from revenues other than ad valorem taxes. The City Council proposes to authorize the
issuance of such Certificates of Obligation at 5:30 p.m. on Tuesday, September 21, 2021, at a
Regular Meeting at the City Hall, City of Kennedale, Texas.
/s/ Brian Johnson
Mayor, City of Kennedale, Texas
INCLUDING EXHIBITS AND CERTIFICATE, PAGE 4 of 6
R____ CITY OF KENNEDALE, TX 2021
EXHIBIT B
DESIGNATION OF SELF-SUPPORTING INDEBTEDNESS
SECURED WITH AD VALOREM TAXES
TITLE OF OUTSTANDING OBLIGATIONS
OUTSTANDING
PRINCIPAL
AMOUNT ($)
AMOUNT
DESIGNATED AS
SELF-SUPPORTING ($)
General Obligation Refunding Bond, Series 2020A 1,540,000 0
General Obligation Refunding Bond, Series 2020 1,145,000 1,145,000
Tax Notes, Series 2019 1,805,000 0
General Obligation Refunding Bonds, Series 2016 2,500,000 0
Combination Tax and Revenue Certificates of Obligation, Series 2007A 625,000 0
Combination Tax and Revenue Certificates of Obligation, Series 2007 1,130,000 1,130,000
General Obligation Refunding Bonds, Series 2007 610,000 233,325
TOTALS 9,355,000 2,508,325
INCLUDING EXHIBITS AND CERTIFICATE, PAGE 5 of 6
R____ CITY OF KENNEDALE, TX 2021
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF KENNEDALE §
I, the undersigned City Secretary of the CITY OF KENNEDALE, TEXAS (the "City"), hereby certify as
follows:
1. The City Council of the City (the "City Council") convened in Regular Meeting on July 20,
2021, at the designated meeting place (the "Meeting"), and the roll was called of the duly constituted
officers and members of the City Council, to wit:
Linda Rhodes, MayorJan Joplin, Councilmember Place 1
Gary Mitchell, Councilmember, Place 2
Julie Jacobson, Councilmember, Place 3
Place 4 is Vacant at this time
James C..... , Councilmember, Place 5
and all of the officers and members of the City Council were present, except the following absentees:
, thus constituting a quorum.
Whereupon, among other business, the following was transacted at the Meeting: a written
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CERTIFICATES OF OBLIGATION TO FINANCE STREET, SIDEWALK
AND RELATED DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS IN
THE CITY AND THE ACQUISITION OF PUBLIC SAFETY VEHICLES AND
EQUIPMENT
(the "Resolution") was duly introduced for the consideration of the City Council. It was then duly moved and
seconded that the Resolution be adopted; and, after due discussion, said motion carrying with it the adoption
of the Resolution, prevailed and carried by the following vote:
AYES: NOES: ABSTENTIONS:
2. A true, full and correct copy of the Resolution adopted at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certificate; the Resolution has been duly recorded in the
City Council's minutes of the Meeting; the above and foregoing paragraph is a true, full and correct excerpt
from the City Council's minutes of the Meeting pertaining to the passage of the Resolution; the persons named
in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the
City Council as indicated therein; each of the officers and members of the City Council was duly and
sufficiently notified officially and personally, in advance, of the time, place and purpose of the Meeting, and
that the Resolution would be introduced and considered for passage at the Meeting, and each of the officers
and members consented, in advance, to the holding of the Meeting for such purpose, and that the Meeting was
open to the public and public notice of the time, place and purpose of the Meeting was given, all as required
by Chapter 551, Texas Government Code.
SIGNED AND SEALED the 20th day of July, 2021.
(SEAL)________________________________________
Leslie E. GallowayCity Secretary, City of Kennedale, Texas
INCLUDING EXHIBITS AND CERTIFICATE, PAGE 6 of 6
R____ CITY OF KENNEDALE, TX 2021
$6,000,000*
CITY OF KENNEDALE, TEXAS (THE “CITY”)
COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2021 (THE “OBLIGATIONS”)
S M T W T F S S M T W T F S S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5 6 7 1 2 3 4 1 2
4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9
11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16
18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23
25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30
31
OctoberJulyAugustSeptember
Proposed Timetable
Tuesday, July 20, 2021 City Council meets to authorize the Notice of Intention Resolution (“NOI”) to issue
the Obligations and a Reimbursement Resolution
Wednesday, July 21, 2021 City posts NOI to the City’s formal internet website (at least 45 days prior to
ordinance adoption)
Monday, July 26, 2021 First Publication of Notice of Intention published in the City’s newspaper (at least
46 days prior to ordinance adoption)
Friday, July 30, 2021 SAMCO Capital Markets Inc. (“SAMCO”) sends the City the Request for Information
(“RFI”)
Monday, August 2, 2021 Second Publication of Notice of Intention published in the City’s newspaper
Tuesday, August 10 2021 City returns the RFI to SAMCO
Tuesday, August 17, 2021 First draft of the Notice of Sale (“NOS”) and the Preliminary Official Statement
(“POS”) sent to Bond Counsel and Rating Agency
Tuesday, August 24, 2021 Comments due on the first draft of the NOS/POS
Friday, August 27, 2021 Second draft of NOS/POS sent to City, Bond Counsel and Rating Agency
Week of August 30th, 2021 Hold Rating Call with the City and Rating Agency
Thursday, September 9, 2021 Comments due on the second draft of the NOS/POS
Tuesday, September 14, 2021 • Post the NOS/POS to SAMCO website and email link to potential purchasers
• Rating due back
Tuesday, September 21, 2021 • Receive electronic bids for the Certificates (11:00 A.M.) via Internet and the “i-Deal LLC Parity” bidding program • City Council meeting to review bids for the Certificates and adopt the Ordinances authorizing and selling the Certificates
Tuesday, September 28, 2021 Print and distribute Final Official Statement (OS) and post to SAMCO website
Wednesday, October 13, 2021 SAMCO notifies all parties of closing/delivery instructions
Wednesday, October 20, 2021 Obligations Closing; Funds wired to the City’s depository bank
ISR #2021-07-06
PAGE 1 CITY OF KENNEDALE | www.cityofkennedale.com
INFORMAL STAFF REPORT
to the Mayor and City Council
DATE: TUESDALY, JULY 6, 2021
SUBJECT: UPDATE REGARDING POTENTIAL CO ISSUANCE
ORIGINATED BY: LAKEITA SUTTON, DIRECTOR OF FINANCE & IT
As the Council is aware, because formerly issued debt is
being paid off, the City can secure $14m in Certificates of
Obligation (CO) over the next five years without increasing
the I&S (Interest and Sinking) – or “debt service” – portion
of the property tax rate. The proposed CO issuances are
$6m in 2021 and $8m in 2024. During past meetings, staff
presented a prioritized five-year capital project list with
$90m in identified needs. Though a “Notice of Intent to
Sell” was on your June agenda, the item was not heard.
Because three current Councilmembers were not yet elected when some of the preliminary
discussions and decisions affecting this proposed debt issuance were made, the purpose of this
staff report is to provide the current Council with a summary of the updated timing of the
proposed sale as well as potential consequences if this issuance does not occur during FY2021.
Typically, the CO process (from publication of the intent to closing) takes ~60 days.
If Council ultimately intends to issue the $6m CO, staff recommends doing so during the
current fiscal year. This requires no change in the I&S portion of the tax rate and would prevent
further delay of the purchase of a fire engine. If the $6m CO is not issued prior to adoption of the
tax rate, any similar issuance would be delayed until at least January. By not issuing the COs, the
I&S portion of the tax rate would fall by about $0.036399.
If the Council desires to proceed with the CO within the current fiscal year (with that debt to be
included with the 2021 tax rate calculation), it is still possible, but the timeline would be tight.
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Below is a potential timeline for Council’s further consideration of this debt issuance:
Tuesday, July 13 Work Session discussion regarding these potential COs
Tuesday, July 20 Resolution of “Notice of Intent to Sell” on Council’s regular meeting agenda
Friday, July 23 If Resolution adopted by the Council: First publication of Notice of Intent to Sell
(Minimum of 46 days prior to the date the CO Ordinance is scheduled to be approved)
Friday, July 30 Second newspaper publication of Notice of Intent to Sell
Tuesday, August 17 Regular Council Meeting (Work Session discussion, if desired)
Tuesday, September 7 Estimated first possible date for consideration of CO Ordinance
Tuesday, September 21 Regular Council Meeting (FY2022 budget and 2021 tax rate adoption expected)
Thursday, September 30 Last possible day for FY2022 budget and 2021 tax rate adoption
Staff wants to ensure that the current Council is aware of the existing prior commitments related
to this debt issuance as well as the potential implications of deciding for or against issuance.
Further Delay of Priority Capital Street Projects
In March of 2020, the previous Council directed staff to move forward with securing the $14m in
COs. Since, the following street projects were prioritized by staff and affirmed by Council:
▪ Beacon Hill Drainage Improvements
▪ Valley Lane (photo at right) >>
▪ Peggy Lane
▪ Trent Street Construction
▪ Linda Road Infrastructure
Improvements
▪ Little Road Extension from Kennedale
Parkway to New Hope Road
▪ Winding Creek Erosion
▪ New Hope Road right-of-way (ROW)
and Reconstruction of Two Lanes
▪ Shade Structures Throughout
the Park System
▪ Kennedale Sublett Realignment at
Kennedale Parkway
▪ Little Road Extension from Kennedale
Parkway to New Hope Road
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During the March 16 meeting, Council also directed staff to
submit the following projects to the Tarrant County
Transportation Bond Program for considerationi:
Little School Road Extension $ 13,884,000
Kennedale Sublett Realignment 9,634,608
Collett Sublett Road 2,244,880
Valley Lane Erosion (photo at right) >> 1,853,230
TOTAL $ 27,616,718
The City would pay for any accepted project(s) up front and
then be reimbursed afterwards. The City currently has less
than $2m available for Capital Street Projects (of which more than $1m is earmarked). If the
City does not move forward with the $6m CO (followed by the $8m in 2024), the
application becomes annulled due to lack of funding.
General Fund Balance Draw Down of $254,040 for Ambulance Purchase
During Council meetings in February, March, and April of 2021, Council discussed and approved
the purchase of an ambulance to be funded by the $6m CO. Staff has ordered the ambulance.
If the CO is not issued, the General Fund balance will be drawn down by $254,040.
Loss of ~ $165,000 in Secured Grant Funding Towards a Fire Engine
As the Council is aware, the City’s vehicle replacement policy calls for engines to be in frontline
service for 10 years, followed by 10 years in reserve. Our frontline engine is now 11 years old.
During their October 20, 2020 meeting, the Council discussed funding a fire engine with the $6m
CO issuance (with this portion of the debt structured to reflect the ten-year service life of the
apparatus). Following the February 23 meeting, it was the consensus of the Council to prioritize
the purchase of both a fire engine and an ambulance in the CO issuance tentatively scheduled for
August 2021 and staff moved forward with preliminary work to order the items.
Chief Brown applied for (and was notified in April that the City had received) a grant through the
North Central Texas Council of Governments (NCTCOG) that would reimburse up to 25% (of
eligible costs) of the purchase price of a new fire truck. Chief Brown and I attended a grant kick-
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off meeting in April and the City Attorney is currently reviewing a contract for acceptance of this
grant funding. The acceptance document has not yet been signed as staff is currently unable to
guarantee that local funding will be available for this purchase.
If the $6m CO is not issued in FY2021, it is expected that this grant award (of ~$165,000)
will be forfeited. It is also possible that future grant applications to NCTCOG will not be viewed
as favorably. And, of course, the replacement of the fire engine will be further delayed.
Tax Rate Implications
As mentioned, the “Notice of Intent to Sell” appeared on the June 15 agenda but was not heard.
Therefore, the scheduling of the sale has been affected. Staff would not typically approach the
Council with a debt issuance with such tight timing. If the Council does decide to proceed with
the issuance, there are considerations and potential issues.
First, the debt must be issued prior to the City setting the tax rate. Again, it typically takes about
60 days from the publication date to closing of the sale for this type of debt. The dates on the
second page of this report show the small margin of error that this timing allows.
If the Council does choose to proceed with the issuance of the proposed $6m in COs for inclusion
in the 2021 tax rate calculation, staff can work with the Bond Counsel to provide a payment
schedule of the debt prior to
the actual sale. However, the
formal setting of the tax rate
would have to be done after
the sale of the bonds.
Although it would be tight
timeline, we may still have
the option of securing this
$6m in debt prior to setting
our 2021 tax rate.
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Staff is aware that the Council is committed to being good financial stewards for the community
and, therefore, did not want to allow the potential loss of, in particular, this grant money without
full explanation. However, staff also understands that the Council has many considerations when
deciding upon an item as complicated and nuanced as debt issuance and property taxes.
The City’s current I&S rate is $0.191399. Acquiring the $6m in COs during this current fiscal
year would keep that portion of the rate flat, but only if it is acquired prior to setting the tax rate
(which must occur no later than September 30 but would be expected to happen during the
September 21 regular meeting). Not acquiring the $6m would, instead, cause the I&S rate to
drop from $0.191399 to approximately $0.155000 (a decrease of $0.036399).
If the Council indicates an intent to proceed (by the passing of a “Resolution of Intent to Sell”
during the July 20 meeting), all budget discussions and planning will be based on a tax rate
including the new $6m debt. Further, the City’s tax rate notices will also be based on the assumed
issuance. If staff plans for this debt in the 2021 tax rate calculation (which is included in those
public notices) and the debt is not actually issued, the public tax rate notices will be annulled.
Of course, if Council does not pass the “Resolution of Intent to Sell” during the July 20 regular
meeting, upcoming budget development and discussions will be based on the assumption that this
debt will not be issued.
Staff Recommendation
Again, the purpose of this report is to ensure that the Council is aware of the projects that are
dependent upon this CO issuance as well as the potential implications of issuing this debt on such
a tight timeline or choosing not to issue the debt during this fiscal year.
Though staff is aware that three of the current Councilmembers were not yet elected to the
Council at the time many of the above outlined decisions were made, staff would respectfully
recommend that the current Council consider taking the necessary steps, as planned, to secure the
$6m CO debt during the current fiscal year. Again, this issuance would result in no change to the
I&S portion of the tax rate, would allow for the critical purchase of a new fire engine (while
reducing the City’s liability by an estimated $165,000 in already-secured grant funding), and
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would prevent the new ambulance (already under contract) from necessitating a $254,040
drawdown of the General Fund reserves. Further, it could provide the necessary funding to take
advantage of a potential 50% Tarrant County match on those programs submitted to the bond
program, including the critical erosion stabilization needed on Valley Laneii. Of course, the
projects would have to be selected for participation and Tarrant County voters would have to vote
to approve the bond package.
Though staff does recommend securing the $6m debt prior to setting the 2021 tax rate, the
Council should only move forward (by passing the “Resolution of Intent to Sell” on July 20) if
there is a strong consensus to also adopt the Ordinance in September necessary to actually secure
the $6m CO. Planning to secure the debt and not following through would, as mentioned, null the
City’s tax rate noticing and budget discussions during the coming months.
Bond Counsel is not available during special meeting on July 13, but a discussion item will
appear on that agenda and staff will be available to answer questions from the Council. Staff is
currently coordinating with Bond Counsel regarding attendance (either in-person or, perhaps,
virtually) for the regular meeting on July 20, if Council indicates a desire to move forward with
this issuance during the current fiscal year.
We will, of course, keep you informed of any updates regarding this report and welcome
Council’s questions both before and during these upcoming meetings.
SHOULD YOU HAVE ANY QUESTIONS REGARDING THIS REPORT, PLEASE CONTACT FINANCE
DIRECTOR LAKEITA SUTTON AT 817-985-2110 OR EMAIL LSUTTON@CITYOFKENNEDALE.COM.
iAs expected by Mayor Pro Tem Rhodes, the project committee is now requesting a priority ranking for submitted
projects. An item for discussion of this ranking is expected to appear on the Council’s July 13 agenda (before the
next committee meeting on July 15). Staff informed the County that (regarding shovel-ready status) that Collett
Sublett is ready to break ground; that Valley Lane could be ready soon; but that plans nor engineering exist for the
Kennedale Sublett realignment nor the extension of Little. Therefore, these more costly projects (assuming inclusion
in the bond program and local funding availability) could not break ground before 2024 – at the absolute earliest.
ii At the recommendations of Shield – the City’s engineering firm – staff recently submitted an “Intent to Apply”
form to the Texas Water Development Board (TWDB) for Valley Lane funding. This does not commit City funding
for this project but does allow Valley to remain in the consideration process for a program that could serve as an
alternative – or even an additional – 50% match. Though it can in no way be expected to happen, if the City were
fortunate enough for Valley to qualify for funding both via the Tarrant County Transportation Bond Program and
the TWDB Flood Infrastructure Fund, the project could be completed at minimal cost to the City. We are currently
ranked sixth in the TWDB consideration process.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: WORK SESSION ITEM III.G.
SUBJECT
PUBLIC HEARINGS
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.A.1.
SUBJECT
Chapter 380 and Economic Development Corporation Agreement between the City of Kennedale, the Kennedale
Economic Development Corporation, and Karmali Holdings, Inc.
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.A.2.
SUBJECT
City of Kennedale v. James Coyel
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.A.3.
SUBJECT
Kennedale TownCenter agreements and assessments
ORIGINATED BY
George Campbell
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.A.4.
SUBJECT
800 W Kennedale Parkway
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.A.5.
SUBJECT
Separation Agreement with George Campbell
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.A.6.
SUBJECT
Salvage yards and special exception/special use permits
ORIGINATED BY
Leslie E. Galloway, Temporary Interim City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.B.1.
SUBJECT
Chapter 380 and Economic Development Corporation Agreement between the City of Kennedale, the Kennedale
Economic Development Corporation, and Karmali Holdings, Inc.
ORIGINATED BY
Leslie E. Galloway, Temporary Interim City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.B.2.
SUBJECT
5412 Kennedale Street
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
1.CONFIDENTIAL STAFF REPORT Staff Report 5412 - CONFIDENTIAL.docx
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM
SUBJECT
5412 Kennedale Street
ORIGINATED BY
Leslie E. Galloway, Interim City Manager
SUMMARY
5412 Kennedale Street is a vacant property in the Oak Crest neighborhood on the corner of Link and Kennedale
Streets. It is approximately one-half of an acre that is owned by the City of Kennedale and currently zoned R-3 (single
family). In order that the property may contribute to and enhance the neighborhood with new housing and be added to
the property tax rolls, staff is proposing that bid specifications be distributed to the development community for this
property. The purpose of the bid specifications would be to solicit offers from developers to purchase the property and
to build three single family homes on the property that would meet the existing R-3 zoning. The property is 240 feet
wide along the Link Street frontage, and 110 feet deep. These potential homes would front Link Street.
RECOMMENDATION
Approve
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.C.1.
SUBJECT
City Manager
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.C.2.
SUBJECT
Public Works Director
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.C.3.
SUBJECT
Community Development Director
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.C.4.
SUBJECT
City Council Place 4
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.D.1.
SUBJECT
Chapter 380 and Economic Development Corporation Agreement between the City of Kennedale, the Kennedale
Economic Development Corporation, and Karmali Holdings, Inc.
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: JULY 20, 2021
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM IV.D.2.
SUBJECT
Kennedale TownCenter
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS